Western District of Texas
Press releases recorded for this federal judicial district.
Lacy-Lakeview Bank Robber Sentenced to Federal PrisonRead the Press Release
In Waco today, 20-year-old Leticia Andrea Newton-Shelton was sentenced to 51 months in federal prison for bank robbery announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, United States District Judge Walter S. Smith, Jr., ordered that Newton-Shelton pay $1,370 restitution to Extraco Bank and a $1,000 fine. Judge Smith also ordered that Newton-Shelton be placed on supervised release for five years after completing her prison term.
On March 19, 2015, Newton Shelton pleaded guilty to one count of bank robbery. By pleading guilty, she admitted that on December 29, 2014, she entered the Extraco Bank located on North Loop 340 in Lacy-Lakeview and presented a teller with a demand note which stated she was armed. Newton Shelton further admitted she was in possession of a Ruger pistol during the bank robbery.
On December 30, 2014, Hillsboro Police arrested Newton-Shelton after she was identified as a suspect in the Extraco Bank robbery.
This investigation was conducted by the Federal Bureau of Investigation (FBI) together with the Lacy-Lakeview Police Department and the Hillsboro Police Department. Assistant United States Attorney Greg Gloff prosecuted this case on behalf of the Government.
El Paso Man Pleads Guilty to Robbing Midland BankRead the Press Release
In Midland this afternoon, 28–year-old Fabian Barrios of El Paso, TX, faces up to 20 years in federal prison after pleading guilty to robbing a bank in Midland announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Appearing before United States Magistrate Judge David Counts, Barrios pleaded guilty to one count of bank robbery. By pleading guilty Barrios admitted that on February 10, 2015, he robbed the Citibank, located at 1100 Andrews Highway in Midland. According to court records, Barrios and his accomplice, Alan Montes, approached a teller, displayed a weapon and demanded money. The teller complied and handed the men an undisclosed amount of money.
Co-defendant Alan Montes, also of El Paso, pleaded guilty on April 14, 2015, to the bank robbery charge. Both defendants remain in custody pending sentencing scheduled for June 24, 2015, before United States District Judge Robert Junell in Midland.
This case resulted from a joint investigation by the Federal Bureau of Investigation, Customs and Border Protection, the Texas Department of Public Safety in El Paso and the Midland Police Department. This case is being prosecuted by Assistant U.S. Attorney Austin Berry on behalf of the Government.
Former Officer Sentenced in Absentia to Federal Prison in Connection with Fraudulent U.S. Army Contracts SchemeRead the Press Release
Though she failed to appear in federal court in San Antonio today, 52-year-old former U.S. Army officer Heidi Webster of Manhattan, KS, was sentenced to six years in federal prison for defrauding the United States in connection with U.S. Army contracts worth millions of dollars for medical equipment and personnel announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, Chief United States District Judge Fred Biery ordered that Webster pay $613,828 restitution and be placed on supervised release for a period of three years after completing her prison term. A warrant has been issued for Webster’s arrest.
On January 9, 2014, Webster and her co-defendant, Lawrence Fenti, a former non-commissioned officer in charge of Base Realignment and Closure issues for Brooks Army Medical Center (BAMC) radiology, pleaded guilty to one count of conspiracy and one count of bribery. Criminal acts involved in the conspiracy included intent to defraud the U.S., violate the Government conflict of interest law; commit bribery; commit wire fraud; make false claims against the United States; make false statements to federal authorities; and, commit money laundering.
By pleading guilty, the defendants admitted to conspiring together since 2007 to fraudulently secure multiple Army contracts and sub-contracts for radiology equipment and services by using Fenti’s position of influence, taking advantage of a prime contractor’s non-competitive bidding status, making false statements and fraudulent claims, as well as bribing Army personnel and Army contractors. Those contracts included a $2 million BAMC magnetic resonance imaging (MRI) contract in June 2008, a $4.9 million BAMC MRI contract in July 2008, a $633,406.69 BAMC staffing contract in September 2008, and a $336,600 MRI contract in September 2009 for Womack Army Medical Center at Fort Bragg, NC. Webster also admitted to paying Fenti thousands of dollars for his role in the overall scheme.
In September 2014, Fenti was sentenced to four years in federal prison followed by three years of supervised release for his role in the scheme.
A third defendant in this case, 43-year-old John Walter Hoffman, owner/operator of Hoffman Surgical Devices, Inc. in San Antonio, is awaiting trial on charges of conspiracy to commit wire fraud, money laundering, wire fraud and making false statements to U.S. Army authorities. Jury selection is scheduled for June 8, 2015.
This investigation was conducted by the U.S. Army Criminal Investigations Division (Army CID), the Internal Revenue Service--Criminal Investigation (IRS-CI), Defense Criminal Investigative Service (DCIS) and the Federal Bureau of Investigation (FBI). Assistant United States Attorney James Blankinship is prosecuting this case on behalf of the Government.
Former La Vernia Restaurant Operator and Accomplice Sentenced to Federal Prison for Immigration Document Fraud SchemeRead the Press Release
In San Antonio today, 49–year-old Yolanda Hernandez de Arteaga, the former operator of the Los Compadres Restaurant in LaVernia, TX, was sentenced to 30 months in federal prison followed by three years of supervised release for fraudulently benefiting from a financial scheme which targeted individuals seeking legitimate immigration documents announced Acting United States Attorney Richard L. Durbin, Jr. and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
Chief United States District Judge Fred Biery also sentenced Hernandez de Arteaga’s co-defendant--57–year-old Maria de Lourdes Montano-Vicencio, an undocumented alien living in Houston, to 46 months in federal prison for her role in the scheme. In addition to the prison terms, Chief Judge Biery ordered that the defendants pay $144,063 restitution to their victims.
“Hernandez de Arteaga and Montano-Vicencio twice victimized these immigrants. They first stole their money with the promise of legal papers. Then they extorted their silence with the threat of reporting them to immigration authorities,” stated Acting United States Attorney Richard L. Durbin, Jr.
According to court records, from October 2010 through December 2012, Hernandez de Arteaga and Montano-Vicencio initiated a series of financial fraud schemes including numerous incidents of wire fraud whereby they would induce vulnerable immigrants in the LaVernia area into giving them money in exchange for securing legal immigration status documents. In the schemes, the defendants claimed to have personal contacts with immigration authorities who could provide each victim with items such as a social security card, a resident alien car and a work permit in about six months-time. It was part of the scheme that the defendants did not provide any documents to the undocumented aliens. During the time of the conspiracy, the defendants collected over $100,000 from more than 60 immigrants desperate for legal immigration status documents. When the victim-immigrants became angry because they never received any documents or refunds, the defendants threatened to notify immigration authorities and facilitate the deportation of the immigrants if the victims made trouble. During the scheme, Hernandez de Arteaga wired proceeds from the scheme from LaVernia to Montano-Vicencio in Houston via Western Union or MoneyGram.
In December 2014, Hernandez de Arteaga pleaded guilty to one count of conspiracy to commit wire fraud and five substantive counts of wire fraud. In February 2013, Montano-Vicencio pleaded guilty to four counts of wire fraud.
“The defendants preyed on vulnerable victims and exploited them for profit,” said Special Agent in Charge Christopher Combs, FBI San Antonio. Detecting and bringing to justice those who perpetrate these insidious fraud schemes will always be a top priority for the FBI. ”
This case resulted from an investigation conducted by FBI agents with assistance from Homeland Security Investigations (HSI), U.S. Border Patrol and the LaVernia Police Department. Assistant United States Attorney Bettina Richardson prosecuted this case on behalf of the Government.
Virginia-Based Defense Contractor to Pay $400,000 to Resolve False Claims Act Allegations Under Civil Settlement with United StatesRead the Press Release
The Informatics Applications Group, Inc. (TIAG) a Defense contractor based in Reston, VA, will pay $400,000 under a civil settlement with the United States Department of Justice, announced Acting United States Attorney Richard L. Durbin, Jr. The settlement resolves allegations that TIAG submitted false claims to the government in violation of the False Claims Act, 31 U.S.C. §§ 3729-3733, as well as certain other claims.
The claims submitted by TIAG were for services rendered under an Army contract for information technology services at the United States Army Medical Information Technology Center, Joint Base San Antonio – Fort Sam Houston. Pursuant to the contract, TIAG employees were provided access to USAMITC, its network, computers and other resources solely for purposes of performing work on USAMITC Information Technology systems.
The United States contends that, beginning in June 2012 and continuing through September 2012, during its performance of the USAMITC contract, certain TIAG employees utilized the USAMITC network for prohibited purposes, including to access information that they deemed to be useful to TIAG’s efforts to obtain other government contracts. The TIAG employees searched for and obtained multiple documents from the USAMITC network, including documents restricted to those with Privileged Access. The United States contends that these documents were sought for, and were used in, preparing TIAG proposals for three government Requests for Proposals, however, TIAG did not win any of those contracts. The United States contends that TIAG’s conduct placed it in default under the contract, yet it knowingly submitted false claims for payment under the contract.
The settlement agreement is not an admission of liability by TIAG.
Acting United States Attorney Durbin commended the efforts of the United States Army Criminal Investigation Division -- Major Procurement Fraud Unit which investigated the case. Assistant United States Attorney Susan Strawn handled the investigation for the Government.
Killeen Business Owner Pleads Guilty to Selling Synthetic MarijuanaRead the Press Release
The owner of the Cove Smoke Shack in Killeen, TX, faces up to 20 years in federal prison after admitting to selling synthetic marijuana announced Acting United States Attorney Richard L. Durbin, Jr., Special Agent in Charge Joseph M. Arabit of the Drug Enforcement Administration’s Houston Division, and Killeen Police Chief Dennis Baldwin.
Appearing before United States District Judge Walter S. Smith, Jr. this afternoon in Waco, 42-year-old Richard Young Bruce pleaded guilty to one count of possession with intent to distribute a controlled substance. Subsequent to multiple undercover purchases of synthetic marijuana, authorities executed a federal search warrant at the business location on November 3, 2014. During the search warrant, authorities seized over 150 packets of pre-packaged synthetic cannabinoids along with approximately $20,000 cash representing the proceeds of the illegal distribution of controlled substances.
Bruce, who remains on bond, is scheduled for sentencing on July 1, 2015.
This case resulted from an investigation by the Drug Enforcement Administration and the Killeen Police Department. This case is being prosecuted by Assistant United States Attorney Chris Blanton.
Former Bastrop Federal Prison Pharmacy Technician and Two Inmates Plead Guilty to Bribery ChargeRead the Press Release
In Austin, a former Bastrop federal prison pharmacy technician and two inmates pleaded guilty to their roles in a bribery scheme to smuggle contraband into the facility announced Acting United States Attorney Richard L. Durbin, Jr.
Appearing before United States Magistrate Judge Andrew Austin, 25-year-old Eric Renaldo Telles of Taylor, TX, pleaded guilty to one count of receipt of a bribe by a public official; FCI-Bastrop inmates 27-year-old Shanon E. Frank and 24–year-old Mattheu Ellis Jones each pleaded guilty to one count of conspiracy to bribe a public official. According to court records, Frank and Jones admitted to bribing Telles to smuggle contraband into FCI-Bastrop from June 2014 to February 2015. The smuggled contraband included Casio G-Shock watches, creatine, nutritional supplements and muscle shirts. Telles collected as much as $2,000 in bribes as a result of the scheme.
Frank and Jones, who remain in federal custody, face up to five years in federal prison. Telles, who faces up to 15 years in federal prison, remains on bond pending sentencing. Sentencing, before United States District Judge Sam Sparks in Austin, has yet to be scheduled.
The case resulted from an investigation by the Department of Justice Office of Inspector General. This case is being prosecuted by Assistant United States Attorney Matthew Devlin.
Federal Grand Jury Indicts San Antonio Businessman in Tax, Mail and Bankruptcy Fraud SchemesRead the Press Release
A San Antonio businessman stands charged by indictment with defrauding personal injury clients, evading payment of more than $1 million in taxes, and attempting to hide substantial assets from the Bankruptcy Trustee announced Acting 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.
A 16-count indictment returned by a federal grand jury yesterday charges 46–year-old Elpidio Gongora (aka “Pete Gongora”) with five counts of mail fraud, five counts of bankruptcy fraud, one count of tax evasion and five counts of aggravated identity theft.
According to the indictment, from 2009 through 2014, Gongora operated the law offices of several personal injury attorneys in the city of San Antonio and elsewhere in Texas, Arkansas and New Mexico. The indictment alleges that Gongora stole money from these attorneys and their clients by his failure to pay monies owed to clients under settlement agreements or pay obligations for medical treatment and physical therapy after committing to do so. To carry out his scheme, the indictment alleges that Gongora and his co-actors fraudulently endorsed personal injury settlement checks and would hide from the attorneys his failure to pay the clients their full case settlement proceeds.
In 2013, Gongora and his wife filed for Chapter 7 Bankruptcy in the Western District of Texas. The indictment alleges that, in relation to that filing, Gongora failed 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.
The indictment further alleges that Gongora willfully attempted to evade paying over $1 million in taxes owed to the Internal Revenue Service for calendar years 2003 through 2005 and 2007 through 2013.
Gongora remains in federal custody following his arrest at the San Antonio International Airport last month. Upon conviction, each mail fraud count is punishable by imprisonment up to 20 years; bankruptcy fraud, up to five years; tax evasion, up to five years; and, aggravated identity theft, a term of two years.
These charges resulted from an investigation conducted by agents with the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation (IRS-CI) and the U.S. Trustee’s Office. Assistant United States Attorney Bud Paulissen 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.
Midland Man Sentenced to 15 Years in Federal Prison for Advertising to Produce, Buy, Sell or Trade Child PornographyRead the Press Release
In Midland this morning, Senior United States District Judge Robert A. Junell sentenced 47–year-old Kyle Unterbrink to 15 years in federal prison for advertising online to produce, buy, sell or trade child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
In addition to the prison term, Judge Junell ordered that the defendant pay $51,000 restitution to the identified victims of the child pornography he possessed and distributed. Judge Junell also ordered that Unterbrink be placed on supervised release for ten years following the completion of his prison term. In February, Unterbrink pleaded guilty to the advertising child pornography charge. Unterbrink, who has remained in federal custody since his arrest on December 11, 2014, has agreed to forfeit his residence to the Government to satisfy his court ordered restitution.
According to court records, over the course of several days in November 2014, HSI agents identified the defendant’s IP address as one which was making almost 2,000 images of prepubescent child pornography available to anyone in the world who was connected to the same network. On December 11, 2014, agents conducted a search warrant at the defendant’s residence and seized various electronic devices belonging to Unterbrink. A subsequent search of the seized items revealed the presence of approximately 6,700 images depicting the sexual exploitation of minors downloaded from the Internet.
This case was investigated by Homeland Security Investigations together with the Federal Bureau of Investigation and the Texas Department of Public Safety. Assistant U.S. Attorney Austin Berry prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Los Zetas Members Sentenced to Life Imprisonment on Federal Drug and Firearm ChargesRead the Press Release
In Del Rio this morning, U.S. District Judge Alia Moses sentenced two members of the Los Zetas Drug Trafficking Organization, to life in federal prison for smuggling thousands of kilograms of marijuana and hundreds of assault rifles announced Richard L. Durbin, Jr., Acting United States Attorney; James Spero, Homeland Security Investigations (HSI) Special Agent in Charge of the San Antonio Division; Robert Elder, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge of the Houston Division; and, Christopher Combs, Federal Bureau of Investigation (FBI) Special Agent in Charge of the San Antonio Division.
On June 20, 2014, a federal jury convicted 29–year-old Emilio Villalobos-Alcala and 27–year-old Jose Eluid Lugo-Lopez (aka “Cochi Loco”) of one count of conspiracy to import marijuana; one count of conspiracy to possess with intent to distribute marijuana; one count of conspiracy to possess firearms in furtherance of a drug trafficking crime; and, two counts of smuggling goods from the United States.
According to courtroom testimony, Villalobos-Alcala, a purported leader of the Los Zetas Cartel activities in Piedras Negras and fellow senior level member Lugo-Lopez were involved in a large-scale marijuana and firearms smuggling scheme from July 2011 until February 2013. Assault weapons, other firearms, magazines and ammunition purchased in San Antonio were transported inside hidden compartments in cars and trucks and smuggled through Eagle Pass, Texas, to Piedras Negras. Bundles of marijuana, smuggled across the river into Quemado, Texas, were transported to stash houses in Eagle Pass. From there, the marijuana was transported to stash houses in San Antonio and ultimately to distributors in Dallas and Houston.
Evidence presented during the trial included multiple threats made by Villalobos-Alcala and Lugo-Lopez that they would kill people involved in the smuggling conspiracy or their family members if they did not pay money for drugs or weapons seized by law enforcement or agree to move drugs or weapons on behalf of the cartel.
“Today’s sentencing of Emilio Villalobos-Alcala and Jose Eluid Lugo-Lopez to life imprisonment sends a clear message of the serious consequences awaiting those who engage in this type of criminal activity,” said James Spero, Special in Charge, HSI San Antonio. “HSI will continue to utilize its broad authorities, in concert with its federal, state/local and international partners, to dismantle criminal organizations.”
“Operations such as these, which rely on intimidation and violence to accomplish their goals, represent the worst types of offenders. ATF is proud to be among the agencies responsible for taking down two key players in the Los Zetas Cartel,” said Robert Elder, ATF Special Agent in Charge.
This case was investigated by special agents with HSI, ATF, FBI and the Drug Enforcement Administration together with the U.S. Border Patrol, Texas Department of Public Safety and the Zavala County Sheriff’s Office. Assistant United States Attorneys Jay Hulings and Russell Leachman prosecuted this case on behalf of the Government.
Former El Paso Couple Sentenced to Federal Prison for their Roles in an Identity Theft and Fraudulent Tax Refund SchemeRead the Press Release
In El Paso, 34–year-old Curtis Joshua Cooper (aka “Kelvin Afanador-Rodriguez”) and 30-year-old Brandie Malfavon were sentenced to 29 months and eight months in federal prison, respectively, for their roles in an identity theft and fraudulent tax refund scheme announced Acting United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter.
In addition to the prison terms, U.S. District Judge Frank Montalvo ordered that the defendants pay $22,749.55 restitution to the Internal Revenue Service and that they be placed on supervised release for a period of two years after completing their prison terms.
On January 13, 2015, Cooper and Malfavon pleaded guilty to one count of conspiracy to commit wire fraud. Cooper also pleaded guilty to one count of aggravated identity theft. According to court records, from January 2010 until March 2011, the defendants conspired to obtain refunds derived from fraudulently prepared income tax returns. Cooper, admittedly, used names, dates of birth and social security numbers he purchased to electronically submit fraudulent income tax returns to the Internal Revenue Service. The refunds, which were claimed and received by Cooper based on those fraudulent income tax returns, were transferred by wire from the Federal Reserve Branch in New York to bank accounts in El Paso that were opened by Malfavon.
“The actions of these criminals to steal the identities of innocent, hardworking Americans in order to use the ill-gotten funds for personal gain are disgraceful,” said IRS-Criminal Investigation Special Agent in Charge William Cotter, San Antonio Field Office. “Identity theft is a serious crime that hurts innocent taxpayers and IRS Criminal Investigation is determined to stop these criminals and bring them to justice.”
This case was investigated by the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorney Adrian Gallegos prosecuted this case on behalf of the Government.
Waco Man Sentenced to Federal Prison for Role in Family-Based Marijuana Distribution ConspiracyRead the Press Release
A Waco, TX, man was sentenced to seven years in federal prison for his role in a family-based marijuana distribution conspiracy announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Walter S. Smith, Jr., ordered that 59–year-old Phillip Larry Koss pay a $1,000 fine and be placed on supervised release for a period of three years after completing his prison term.
In February, a federal jury in Waco convicted Koss of conspiracy to possess with intent to distribute in excess of 50 kilograms of marijuana. The jury acquitted him of one count of possession with intent to distribute marijuana and one count of maintaining a drug involved premise. According to evidence presented during trial, the defendant participated in a drug trafficking scheme by using his bank account to finance portions of the operation including paying for cell phones, marijuana cultivating equipment and other miscellaneous bills.
On November 29, 2013, authorities executed a search warrant at the defendant’s residence and discovered approximately 12 pounds of tetrahydrocannabinol, commonly known as THC, several firearms and $27,000 in U.S. Currency. Authorities have also recovered approximately 200 pounds of marijuana resulting from related search warrants executed in California as well as traffic stops during this investigation. Testimony also revealed that Koss’ son, Conner, among others, cultivated high grade marijuana in the State of California and arranged for it to be transported to and distributed in the Austin area.
In July 2014, Phillip Larry Koss entered a guilty plea to possession with intent to distribute marijuana, but withdrew his guilty plea in November 2014 prior to sentencing.
Koss’ four co-defendants, including his wife and two sons, have been convicted of their roles in the marijuana trafficking conspiracy and sentenced as a result of this investigation. Last year, Conner Phillip Koss received a sentence of 121 months incarceration; Le’Ann Koss, 70 months incarceration; and, Brian Thomas Smith, two years incarceration. On January 7, 2015, Chad Koss was sentenced to three years probation including six months home confinement and ordered to pay a $1,000 fine.
This investigation was conducted by the McGregor Police Department, Texas Department of Public Safety and the Yuba County (CA) Narcotics Enforcement Team. Assistant United States Attorney Mary F. Kucera prosecuted this case on behalf of the Government.
Registered Sex Offender Residing in El Paso Enters Guilty Plea to Receipt and Distribution of over 93,000 Images of Child PornographyRead the Press Release
This morning, 44–year-old Alexandro Silva of El Paso pleaded guilty to receipt and distribution of more than 93,000 images of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
As a result of his plea, Silva faces between five and 20 years in federal prison. Sentencing is expected to occur in the next 60-90 days before Senior United States District Judge David Briones.
According to court records, on August 29, 2014, HSI agents executed a search warrant at Silva’s residence and seized various items including a computer tower, two laptop computers and various electronic media. A subsequent forensics examination of the defendant’s desktop computer revealed the presence of more than 93,000 images and 55 videos of minors engaged in sexually explicit conduct.
Silva has remained in federal custody since his arrest on August 29, 2014.
This case was investigated by Homeland Security Investigations together with the El Paso County Sheriff’s Office. Assistant U.S. Attorney Rifian Newaz is prosecuting this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
El Paso Man Sentenced to 15 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
In El Paso, 44–year-old Albert Hibbert was sentenced to 15 years in federal prison for receipt of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
In addition to the prison term handed down yesterday, U.S. District Judge Philip R, Martinez ordered that Hibbert pay a $1,000 fine, be placed on supervised release for a period of 20 years after completing his prison term and register as a sex offender.
According to court records, the HSI El Paso Cyber Crimes Group identified the defendant, who goes by the username “swelldad”, during an investigation involving suspected child pornography called Operation Protego. On April 3, 2014, Hibbert consented to a residential search by investigators. Evidence gathered during that search included the defendant’s laptop computer. A subsequent search of the computer revealed the presence of more than 400 images and 13 videos depicting the sexual exploitation of minors downloaded from the Internet.
On January 22, 2015, Hibbert pleaded guilty to one count of receipt of child pornography. He has remained in federal custody since his arrest on April 3, 2014.
“HSI is committed to protecting our children from individuals who exploit and prey on them,” said Waldemar Rodriguez, special agent in charge of HSI El Paso. “We will continue to work with our law enforcement partners and the U.S. attorney’s office to arrest and prosecute such individuals in our community.”
This case was investigated by Homeland Security Investigations together with the Texas Rangers. Assistant U.S. Attorney Robert Almonte prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Lebanese-Born Man Sentenced to Federal Prison on Charges of Making False Statement to a Federal Agent and an Unlawful Attempt at NaturalizationRead the Press Release
Today in San Antonio, United States District Judge Royce C. Lamberth sentenced 45–year-old Lebanese–born Wissam “Sam” Allouche to five years in federal prison for knowingly lying to federal authorities on his U.S. citizenship petition about his relationship with the Amal militia. That announcement was made today by Acting United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Judge Lamberth sentenced Allouche to five-year terms of imprisonment, to run concurrently, for making a false statement to a federal agent and for an unlawful attempt to procure and obtain naturalization and citizenship. Today, Judge Lamberth found that there was evidence beyond a reasonable doubt that Allouche was a member of the Amal militia and had command authority over Hezbollah.
Testimony during trial revealed that Allouche, who migrated to the United States after marrying his wife, a U.S. Army soldier, failed to disclose in January 2009 to U.S. immigration authorities the fact that in the 1980s, he was a member of the Amal militia in order to remain in the United States. In addition, while seeking a contract linguist position with the U.S. Department of Defense that required top security clearance, evidence revealed that Allouche failed to disclose that he was held as a prisoner of war by Israel. Present and former relatives testified Allouche later made statements that he subsequently killed an Israeli pilot captured by Hezbollah in retaliation for his imprisonment. Evidence presented during trial also showed that in 2009, Allouche unlawfully obtained U.S. citizenship by claiming that he was living with his estranged wife when, in fact, they were in divorce proceedings. On February 20, 2015, jurors convicted Allouche of both charges.
The case was investigated by the FBI and the San Antonio Joint Terrorism Task Force. The case was prosecuted by Assistant U.S. Attorneys Mark Roomberg and Jay Hulings for the Western District of Texas.
Carthage Man Receives Maximum Federal Prison Sentence for Producing and Possessing Child PornRead the Press Release
Today in Austin, U.S. District Judge Sam Sparks sentenced 40–year-old James Randall Farmer of Carthage, TX, to a maximum 50 years in federal prison followed by a lifetime of supervised release for producing and possessing child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
According to court records, an FBI agent discovered approximately 18 images of child pornography posted on the internet on April 28, 2013, by an unknown individual. Upon further investigation, authorities determined that Farmer was, in fact, responsible for making those visual images, as well as several videos of a 4-year-old girl and 6-year-old girl engaging in sexually explicit conduct, available online. Investigators were also able to confirm that some of the videos depicted a room inside his victims' mother’s residence in Austin where he was residing at the time.
On November 6, 2014, authorities executed a federal search warrant at the defendant’s current residence in Carthage. Evidence gathered included an assortment of computer related equipment and a cell phone belonging to the defendant. A subsequent search of the defendant’s phone revealed the presence of several videos depicting child pornography produced by the defendant, including the videos referenced above which involved the same girls. The defendant also possessed other images and videos of child pornography.
On February 11, 2015, Farmer pleaded guilty to producing and possessing child pornography. Today, Judge Sparks sentenced Farmer to 30 years imprisonment for the production charge and 20 years imprisonment for the possession charge to run consecutive.
The case was investigated by the FBI Austin Child Exploitation Task Force. Members of that task force include the FBI, Texas Attorney General’s Office Cyber Crimes Unit and the Austin Police Department. This case was prosecuted by Assistant U.S. Attorney Matthew Devlin.
San Antonio Woman Sentenced to Federal Prison for Scheme to Collect Thousands of Dollars in Unemployment BenefitsRead the Press Release
Today in San Antonio, Andrea Nicole Brooks, age 30, was sentenced to 121 months in federal prison for a scheme to fraudulently collect unemployment benefits announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Orlando Garcia ordered that Brooks pay $361,597 restitution to the Texas Workforce Commission and be placed on supervised release for a period of three years after completing her prison term.
On November 22, 2013, Brooks pleaded guilty to one count of mail fraud and one count of aggravated identity theft. According to court records, the defendant was employed as a Transplant Assistant III at Methodist Specialty and Transplant Hospital in San Antonio from January 2012 through November 2012. By pleading guilty, Brooks admitted that from March 2012 to December 2012, she obtained personal identification information, including Social Security Numbers and dates of birth, of hospital patients. She then used that information to fraudulently obtain unemployment benefits from the Texas Workforce Commission. Brooks also admitted that she received money from others for providing them with the stolen patient information so that they, too, could use it to illegally collect unemployment benefits.
“This was an egregious breach of trust, exploiting personal information of patients for financial gain. This case should send the clear message that those entrusted with patient information will be held fully accountable for misusing it for personal gain,” stated Acting United States Attorney Richard L. Durbin, Jr.
The case was investigated by the Department of Labor – Office of Inspector General and the United States Postal Inspection Service. Assistant U.S. Attorney Tom Moore prosecuted this case on behalf of the Government.
San Antonio Woman Pleads Guilty to Fraudulently Obtaining HydrocodoneRead the Press Release
In Waco, 41-year-old Calista Angelique Amani of San Antonio faces up to four years in federal prison after pleading guilty this afternoon to fraudulently obtaining Hydrocodone, announced Acting United States Attorney Richard L. Durbin, Jr.
Appearing before United States District Judge Walter Smith, Sr., Amani pleaded guilty to one count of obtaining a controlled substance by fraudulent means. By pleading guilty, Amani admitted that from March 2013 through April 2014, she saw 36 different medical practitioners in various cities and obtained 40 overlapping prescriptions for Hydrocodone. Those prescriptions were filled at 15 different pharmacies located in Killeen, Harker Heights and Copperas Cove, as well as other pharmacies located in various counties, including Bexar and Williamson. Amani also admitted that she obtained these proscriptions through fraud, misrepresentation and deception by providing different two different names and three different dates of birth.
Amani has remained in federal custody since her arrest on February 23, 2015. Sentencing is scheduled for June 17, 2015, before Judge Smith in Waco.
This case resulted from an investigation by the Texas Department of Public Safety Criminal Investigations Division. This case is being prosecuted by Assistant United States Attorney Mary Kucera.
Midland Man Sentenced to Federal Prison for Possessing Child PornRead the Press Release
Today in Midland, U.S. District Judge Robert A. Junell sentenced 29–year-old Matthew Lee Weidner to 121 months in federal prison followed by ten years of supervised release for possessing child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Texas Attorney General Ken Paxton.
According to court records, in March 2014, an investigator with the Texas Attorney General’s Office discovered more than a dozen videos containing child pornography available for download off the internet. After downloading several of the files, investigators were able to identify the defendant’s residence and executed a search warrant at that location on May 8, 2014. During the search, authorities seized a computer belonging to the defendant. A subsequent forensics examination of the defendant’s computer revealed the presence of more than 600 images depicting child pornography produced by the defendant.
On January 12, 2015, Weidner pleaded guilty to possessing child pornography. As part of the plea agreement, Weidner admitted to inappropriately touching several different children over the course of his lifetime, in addition to the possession of child pornography.
The case was investigated by the Texas Attorney General’s Office Cyber Crimes Unit and prosecuted by Assistant U.S. Attorney Austin Berry.
Ft. Hood Mom Pleads Guilty to Injury to a Child by OmissionRead the Press Release
In Waco, a 27-year-old mother living on Fort Hood pleaded guilty this afternoon to injury to a child by omission, announced Acting United States Attorney Richard L. Durbin, Jr. and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division
Appearing before United States District Judge Walter Smith, Sr., Andrea Tubbs admitted that she failed to care for, support and protect her 10-and-a-half-week-old child. According to court records, Tubbs gave birth to a child in September 2013. The child, born prematurely at 32 weeks, was hospitalized for approximately one month after birth in a Neo-natal Intensive Care Unit. On November 29, 2013, Tubbs and the infant’s father, U.S. Army soldier Richard A. White, Jr., dropped the child off with a relative of Tubbs. The relative noticed bruising on the child’s forearms consistent with finger marks as if someone had squeezed the infant too tightly. The relative pointed this out to Tubbs and White the next day when they picked up the child.
Court records also reveal that on December 16, 2013, Tubbs and White took their child to McLane’s Children Hospital, Scott and White, Emergency Room, located in Temple, for a respiratory problem. During treatment, a chest x-ray revealed that the child suffered from multiple bilateral rib fractures in various stages of healing--all were the result of non-accidental trauma. Further investigation by the medical staff revealed a corner fracture to the child’s right humerus, also the result of non-accidental trauma. The corner fracture was no older than seven days. Some of the rib fractures were from seven to ten days old. The remaining rib fractures were from ten to fourteen days old.
After having been previously put on notice by Tubb’s relative, the defendant’s failure to care for, to support and to protect her child from the non-accidental trauma inflicted on its ribs and from the non-accidental trauma inflicted upon its humerus, constitute reckless omissions under Texas law. That is, her failure to act to protect her child caused the described injuries.
Both Tubbs and White have remained in federal custody since their arrest in October 2014. The child has been placed in the custody of relatives. Tubbs, who faces up to two years in federal prison, is scheduled for sentencing on June 17, 2015, before Judge Smith in Waco. White is awaiting jury selection and trial which is scheduled for May 11, 2015. He is charged by a federal grand jury indictment with two counts of injury to a child by omission and two counts of endangering a child by omission.
This case resulted from an investigation by the Federal Bureau of Investigation together with the U.S. Army Criminal Investigation Division and is being prosecuted by Assistant United States Attorneys Mary Kucera and Mark Frazier.
Federal Jury in Del Rio Convicts Carrizo Springs-Based Alien Smuggling Operation RingleaderRead the Press Release
In Del Rio today, a federal jury convicted 44–year-old Eduardo Rocha, Sr. (aka “Lalo”), for his leadership role in an undocumented alien smuggling ring operating in Carrizo Springs, TX, that tortured victims while waiting for ransom payments announced Acting United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge James Spero and Dimmit County Sheriff Marion Boyd.
As a result of today’s verdict, Rocha faces up to 20 years in prison each for conspiracy to transport illegal aliens involving serious bodily injury and conspiracy to transport illegal aliens involving serious bodily injury; up to 20 years in prison on each of three separate counts of harboring an illegal alien involving serious bodily injury; and, up to life in prison on each of two counts of conspiracy to commit hostage taking. Sentencing is scheduled for October 14, 2015, at 2:00pm.
Evidence presented during trial revealed that Rocha, Sr. operated his smuggling cell between Carrizo Springs and Piedras Negras, Mexico since at least 2013. Rocha, Sr. claimed to be affiliated with Los Zetas, a trans-national Drug Trafficking Organization operating out of Mexico. Members of Rocha, Sr.’s cell had used buildings located at Rocha’s Carrizo Springs property to hold the illegal aliens before transport further into the United States. Witnesses testified that Rocha held the aliens against their will in an effort to extort more money from family members in the United States.
Evidence also revealed that Rocha ordered his accomplices to torture the illegal aliens being held captive in an effort to extort money. A female was raped multiple times, and family members were made to listen over the telephone as aliens were tortured with a hammer, and threatened with decapitation and mutilation. A family member in Virginia called 911, which prompted a rescue operation by Dimmit County Sherriff’s Deputies, Agents with Homeland Security Investigations, and U.S. Border Patrol on May 4, 2014.
Jurors also made a special finding in their verdict that the smuggling offenses each involved serious bodily injury. They also found that Rocha’s Carrizo Springs property should be forfeited to the United States.
Co-conspirators Atanacio Daniel Castro, Eduardo Rocha, Jr., Christopher Jones, Tara Cournoyer, and Esmeralda Cruz remain in federal custody. All have already pleaded guilty to federal conspiracy charges relating to their involvement in Rocha, Sr.’s smuggling operation and are awaiting sentencing.
This case was investigated by HSI agents out of Eagle Pass, TX, with the support of the Dimmit County Sheriff’s Office, U.S. Border Patrol, and the Texas Department of Public Safety criminal laboratory. The case was prosecuted by Assistant United States Attorneys Matthew Watters and Patrick Burke.
U.S. Customs and Border Protection Officer in El Paso Pleads Not Guilty to Falsification of Records in InvestigationRead the Press Release
In El Paso today, 45-year-old Supervisory Department of Homeland Security U.S. Customs and Border Protection (CBP) officer Marco Antonio Aveytia waived his arraignment and entered a not guilty plea to lying to federal authorities in connection with an ongoing investigation announced Acting United States Attorney Richard L. Durbin, Jr., CBP Deputy Special Agent in Charge Art Martinez, Jr., and Special Agent in Charge Douglas E. Lindquist of the FBI’s El Paso Division.
A federal grand jury indictment returned last Wednesday charges Aveytia with one count of falsification of records in a federal investigation. The indictment alleges Aveytia that on January 26, 2014, Aveytia provided false information that his government issued firearm was stolen during a burglary of his residence.
Upon conviction, Aveytia faces up to 20 years in federal prison and a maximum $250,000 fine.
Aveytia, who was arrested on Monday, is currently on bond awaiting further court proceedings. Jury selection and trial, before U.S. District Judge Philip Martinez, has yet to be scheduled.
The case resulted from a joint investigation by the CBP-Office of Internal Affairs and the FBI. This case is being prosecuted by Assistant United States Attorney Greg McDonald.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
Federal Grand Jury in Del Rio Indicts Four in Firearms Smuggling OperationRead the Press Release
This afternoon in Del Rio, a federal grand jury indicted four individuals for their roles in a scheme to smuggle two firearms and an assortment of ammunition into Mexico announced Acting United States Attorney Richard Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge James Spero.
The indictment charges 47–year-old Eduardo Hinojosa (aka “Lalo”), a U.S. Citizen residing in Piedras Negras, Mexico; and three Mexican citizens residing in Piedras Negras--42-year-old Carlos Mendoza-Hernandez (aka “Pepo”), 23-year-old Elizabeth Cervantes-Mateos and 24–year-old Gily Ajin-Cordova--with five counts of aiding and abetting the smuggling of goods from the United States.
According to court records, the defendants were arrested on April 7, 2015. On that day, 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 Mendoza unloading boxes into a storage facility in Eagle Pass. Subsequently, authorities arrested Hinojosa and Mendoza and a consensual search of that storage facility revealed approximately 750 rounds of shotgun shells. Court records allege 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.
All four defendants have remained in federal custody since their arrest. Each charge upon conviction calls for up to ten years in federal prison.
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. Attorney Lewis Thomas is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are innocent until proven guilty in a court of law.
San Antonio Businessman Sentenced to Federal Prison for Bank Fraud and Failure to File Income Tax ReturnRead the Press Release
In San Antonio today, 38-year-old businessman Marcus A. Garza was sentenced to 30 months in federal prison and ordered to pay over $680,000 restitution for defrauding several financial institutions announced Acting United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.
According to court records, Garza owned multiple companies including: Auto nSure, a company which sold insurance policies underwritten by other insurance companies to the general public; Liberty Pre-Owned Cars and Trucks; Marcus Garza Enterprises, LLC, which handled payroll matters for all of the defendant’s business concerns; and, eTax Express, Inc., a tax return preparation business. On March 24, 2014, Garza pleaded guilty to one count of bank fraud and one count of failure to file an income tax return. By pleading guilty, Garza admitted that from 2005 to 2009, he provided false income tax returns and other documentation showing his income and credit worthiness to lenders in order to secure hundreds of thousands of dollars in loans and lines of credit, many of which subsequently went into default. Garza also admitted that he failed to file an income tax return for calendar year 2006.
This case was investigated by Internal Revenue Service-Criminal Investigation. Assistant United States Attorney William R. Harris prosecuted this case on behalf of the Government.
Federal Grand Jury Indicts Former D'Hanis State Bank PresidentRead the Press Release
In San Antonio today, a former D’Hanis State Bank (DSB) president surrendered to federal authorities on federal charges alleging she stole an estimated $6,500 from the bank and filed fraudulent bank regulating reports which overestimated the bank’s assets announced Acting United States Attorney Richard L. Durbin, Jr., Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division and U. S. Secret Service Special Agent in Charge Lee Dotson.
The four–count indictment, returned on Wednesday, charges 54–year-old Laurie Mayfield (aka Laurie H. Scott) of Fredericksburg, TX, with one count of bank fraud and three counts of embezzlement by a bank employee. According to the indictment, from January 2012 until September 2014, Mayfield prepared and filed false Consolidated Reports of Condition and Income (aka “Call Reports) with federal and state bank regulators on behalf of DSB which overstated the assets of DSB by approximately $830,000. Those false reports were included in an approval package submitted to federal regulators by a holding company which owned DSB, as part of a bank acquisition process. Last September, the holding company that owned DSB was purchased by a separate entity which relied on the false DSB Call Reports in their decision-making process.
Each charge calls for up to 30 years in federal prison upon conviction.
During her initial appearance today in San Antonio, Mayfield was released on a $50,000 bond. Arraignment is scheduled for April 28, 2015, before U.S. Magistrate Judge Pamela Mathy.
The case resulted from a joint investigation by the Federal Bureau of Investigation, U.S. Secret Service, Federal Deposit Insurance Corporation (FDIC) and the Office of Inspector General for the Board of Governors of the Federal Reserve System – Consumer Financial Protection Bureau. This case is being prosecuted by Assistant United States Attorney Greg Surovic.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
Federal Escapee Apprehended in San Antonio -- Charged in Connection with two Austin Bank RobberiesRead the Press Release
In San Antonio yesterday, local authorities apprehended 37-year-old federal escapee Brian Anthony Whitford announced Acting United States Attorney Richard Durbin, Jr., FBI Special Agent in Charge Christopher Combs, San Antonio Division, and United States Marshal Robert Almonte.
A federal criminal complaint filed today in Austin charges Whitford with one count of escape and two counts of bank robbery. According to the complaint, on Monday morning (4.13.15), Whitford escaped from a halfway house in Del Valle, TX, where he was completing his federal sentence for robbing two Austin banks in April 2010. The complaint alleges that on the same day of his escape, Whitford robbed the Compass Bank located on South Congress Ave. and attempted to rob the Wells Fargo Bank located on Guadalupe Street. The complaint further alleges that Whitford stole approximately $3,700 from Compass Bank.
According to court records, the Compass Bank and Wells Fargo Bank were the same two financial institutions Whitford was convicted of robbing back in April 2010 and subsequently sentenced to 71 months in federal prison.
Upon conviction, Whitford faces up to 20 years in federal prison for each bank robbery charge and up to five years in federal prison on the escape charge.
This joint investigation was conducted by the FBI and the United States Marshals Service with assistance from the Austin and San Antonio Police Departments. Assistant United States Attorney Ashley Hoff and Gregg Sofer are prosecuting this case on behalf of the Government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Killeen Trio Sentenced to Federal Prison for Tax Refund Fraud SchemeRead the Press Release
Three Killeen, TX, residents were sentenced to federal prison for their roles in a tax refund scheme with an estimated intended loss of $1.8 million announced Acting United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.
Yesterday afternoon in Austin, United States District Judge Lee Yeakel sentenced 34-year-old Albert Powell, 32-year-old Paris Stephens and 34-year-old Ronnie Cole to 54 months, 36 months and 18 months in federal prison, respectively. Judge Yeakel also ordered that Powell and Stephens jointly and severally pay $852,226 in restitution to the IRS; Cole, $121,810 in restitution to the IRS.
According to court records and testimony, from 2010 to 2012, the defendants were involved in a scheme to obtain personal identification information from various sources then used it to file more than 350 fraudulent income tax returns which generally claimed refunds between $3,000 and $7,000. In July 2014, the defendants pleaded guilty to one count of conspiracy to defraud the government with respect to claims and one count of fraudulent use and possession of a means of identification.
“The sentencings of Albert Powell, Paris Stevens and Ronnie Cole should be a reminder to others that IRS-Criminal Investigation is determined to bring down those who use identity theft to enrich themselves,” said Special Agent in Charge William Cotter, IRS-CI San Antonio Field Office. “Honest and law abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets with other people's money.”
This Stolen Identity Refund Fraud (SIRF) case was investigated by Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Matthew Devlin prosecuted this case on behalf of the Government.
Federal Grand Jury Indicts Father for Lying to FBI About Helping Fugitive Son Escape to MexicoRead the Press Release
In El Paso this afternoon, a federal grand jury returned an indictment charging 53-year-old Victor Manuel Solis, a legal permanent resident living in Lancaster, CA, with making a false statement to El Paso FBI agents concerning an ongoing investigation and search for his fugitive son, former Los Angeles Police officer Henry Solis. That announcement was made today by Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Douglas E. Lindquist of the FBI’s El Paso Division.
The indictment alleges that on March 16, 2015, Victor Solis willfully attempted to prevent law enforcement from locating Henry Solis by representing to FBI agents that he, alone, crossed into Mexico on March 14, 2015. Photographs released by the FBI show that Victor Solis, accompanied by Henry Solis, crossed into Juarez, Mexico, from El Paso at the Paso Del Norte Port of Entry on March 14, 2015.
Upon conviction, Victor Solis faces up to five years in federal prison and a maximum $250,000 fine.
Victor Solis remains in federal custody while Henry Solis remains a fugitive from justice. Authorities are seeking to arrest Henry Solis for his alleged involvement in a homicide in Pomona, CA, last month. The FBI is offering a reward of up to $25,000 for information leading directly to the arrest of Henry Solis. Anyone with information as to the whereabouts of Henry Solis is asked to contact their local FBI field office.
The case resulted from a joint investigation by the El Paso and Los Angeles Field Offices of the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Kyle Meyers.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
Federal Grand Jury Indicts Temple Man for Production of Child PornographyRead the Press Release
This afternoon, a federal grand jury in Waco returned a two count indictment charging 38–year-old Joseph “Joey” Michael McFarland of Temple, TX, with production and possession of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
The indictment charges McFarland with one count each of production and possession of child pornography. According to the indictment, in June 2014, McFarland allegedly coerced a minor into engaging in sexually explicit conduct for the purpose of producing a visual image of the sexually explicit conduct. The indictment further alleges that in January 2015, McFarland unlawfully possessed images of child pornography.
On January 15, 2015, FBI agents executed a search warrant and seized a computer belonging to McFarland. A subsequent forensics examination of the computer revealed the presence of numerous photographs of minors engaged in sexually explicit conduct.
McFarland faces between 15 and 30 years in federal prison for production of child pornography and up to 20 years in federal prison for possession of child pornography. McFarland, and his accomplice, 20-year-old Meredith Howell of Temple, remain in federal custody following their arrest on Sunday by the FBI. Howell is charged by a federal criminal complaint with accessory after the fact for her role in the child enticement/pornography scheme. Upon conviction, she faces between seven-and-a-half years and 15 years in federal prison.
The case resulted from a joint investigation by the Federal Bureau of Investigation together with the Temple Police Department. This case is being prosecuted by Assistant United States Attorney Greg Gloff.
Eagle Pass Bank Robber Pleads GuiltyRead the Press Release
In Del Rio, 40-year-old Guadalupe Garza of Eagle Pass, TX, faces 12 years in federal prison after pleading guilty today to robbing a bank while using a deadly weapon announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
Appearing before United States District Judge Alia Moses, Garza pleaded guilty to one count of bank robbery while brandishing a firearm. By pleading guilty, Garza admitted that on November 19, 2011, he robbed the Banquitos Las Minas Branch of the International Bank of Commerce in Eagle Pass. According to court records, Garza approached a teller while carrying a binder. Garza opened the binder revealing a revolver, and then instructed the teller to give him all the money in her drawer. Garza fled the bank with more than $17,000.
Garza remains in federal custody pending sentencing scheduled for October 15, 2015, before Judge Moses in Del Rio.
The case resulted from a joint investigation by the Federal Bureau of Investigation together with the Eagle Pass Police Department. This case is being prosecuted by Assistant United States Attorneys Meghan McCalla, Katherine Griffin and Chris Blanton.
Jury in Del Rio Convicts Eagle Pass Businessman on Federal Drug ChargesRead the Press Release
On Saturday, April 11, 2015, a federal jury in Del Rio returned a guilty verdict against Felipe Carmona-Rodriguez for narcotics distribution in Eagle Pass, Texas, announced Acting United States Attorney Richard L. Durbin, Jr., Special Agent in Charge Joseph Arabit of the DEA’s Houston Division, and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
Jurors convicted 50-year-old Felipe Carmona-Rodriguez, of Eagle Pass, Texas, of conspiracy to possess with the intent to distribute 500 grams or more of cocaine from January 1, 2009 until March 21, 2014, and two counts of possession with intent to distribute less than 500 grams of cocaine. Evidence presented at trial showed that Carmona-Rodriquez used his two businesses, Felipe’s Auto Detail Shop and Felipe’s Auto Sales to sell cocaine and launder drug proceeds. Additionally, Carmona-Rodriguez sold cocaine from his home and had others sell cocaine for him from a local Eagle Pass bar. Carmona-Rodriguez hired others to sell cocaine for him and collected the street tax from these dealers on behalf of the Mexican Mafia. During recorded calls played at trial Carmona-Rodriguez stated he had been involved in the distribution of narcotics for twenty-eight (28) years.
Carmona-Rodriguez’s potential punishment range for his conspiracy to possess with the intent to distribute 500 grams or more of cocaine is 5 to 40 years in prison. For his conviction for possession with the intent to distribute less than 500 grams of cocaine, Carmona-Rodriguez faces up to 20 years for each conviction.
Carmona-Rodriguez is scheduled to be sentenced on October 15, 2015, before United States District Judge Alia Moses.
The case resulted from a joint investigation by the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations and United States Border Patrol. Also assisting in the investigation was the Texas Department of Public Safety - Criminal Investigations Division. This case was prosecuted by Assistant United States Attorneys Ralph Paradiso and Timothy Duree.
Val Verde County Commissioner Indicted on Federal ChargesRead the Press Release
In Del Rio this morning, 62-year-old Val Verde County Precinct 1 Commissioner Ramiro Ramon surrendered to authorities based on federal charges alleging that he accepted bribes totaling more than $68,000 in exchange for actions performed in his official capacity. That announcement was made today by Acting United States Attorney Richard L. Durbin, Jr., FBI Special Agent in Charge Christopher Combs and IRS-Criminal Investigation Special Agent in Charge William Cotter.
A 23–count federal grand jury indictment, returned on Wednesday and unsealed today, charges Ramon with nine counts of wire fraud and theft of honest services; three counts of bribery; seven counts of Travel Act violations (use of interstate communication facilities to aid in racketeering); and four counts of making a false statement on an income tax return. The indictment alleges that since November 2005, the defendant solicited and accepted bribes from three different entities in exchange for favorable official action including casting votes, arranging meetings between the entities and City of Del Rio officials, and advocating for the approval of measures which would benefit the entities and their Val Verde County real estate project called “the Ranch.”
Specifically, Ramon allegedly accepted close to $50,000 in payments from a San Antonio developer; approximately $9,300 from a group of New Braunfels business owners; and $5,000 from a California businessman.
According to the indictment, Ramon also took steps to hide, conceal and cover up his affiliation with the entities including the failure to report payments he received on his electronically filed federal income tax returns for 2011 and 2012. The indictment also alleges that Ramon made false statements on his income tax returns in which he underreported his total income to the IRS for calendar years 2008-2011.
Upon conviction, Ramon faces up to 20 years in federal prison for wire fraud; up to ten years imprisonment for bribery; up to five years for violating the Travel Act; and, up to three years imprisonment for making a false statement on an income tax return.
Ramon, who has served as Val Verde County Precinct 1 Commissioner since 2003, had his initial appearance this morning in Del Rio before United States Magistrate Judge Collis White and was released on bond.
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.
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.
Jury in Midland Convicts Four on Federal Drug and Firearm Charges in Connection with a HomicideRead the Press Release
In Midland, a federal jury convicted four Odessa residents for their role in a Permian Basin drug distribution scheme involving firearms and resulting in murder announced Acting United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist and Odessa Police Chief Timothy Burton.
Jurors convicted 40-year-old Raymond Hernandez Olgin, Jr., 34–year-old Rudolfo Romero Parades, 40-year-old Stacey Louise Castillo, and 32–year-old Anthony Ryan Gonzales of conspiracy to possess with intent to distribute a controlled substance, possession of a firearm in relation to a drug trafficking crime, and murder during the course of a drug trafficking crime.
Prior to jury selection, 35–year-old Liz Sanchez Hernandez pleaded guilty to the charge of murder during the course of a drug trafficking crime. Her son, 18-year-old Brian Adan Hernandez, pleaded guilty to the drug conspiracy charge. Liz Hernandez and Brian Hernandez face up to 30 years and up to five years in federal prison, respectively, when they are scheduled to be sentenced next month.
Evidence presented at trial revealed that the defendants were involved in the abduction and murder of Sean Michael Lamb because they suspected that Lamb and others had stolen a large amount of “crystal” methamphetamine from Liz Hernandez and her brother, 34-year-old Ruben James Hernandez.
On May 13, 2014, Odessa Police responded to a “shots fired” call in the alley behind #30 Neta Place in Odessa. There they discovered Lamb’s body with multiple gunshot wounds to the head and torso. Evidence presented during trial revealed that 35–year-old Noe Garcia Galan, accompanied by Olgin and Paredes, shot and killed Lamb for stealing the "crystal" methamphetamine. Jurors found this act to be a first degree premeditated murder.
Testimony during trial revealed that Castillo not only participated in the drug distribution operation as well as the murder of Lamb, but on the evening of May 14, 2014, she and Gonzales drove Ruben Hernandez to the international border in Presidio, TX, so he could escape into Mexico in exchange for an introduction to a narcotics supplier she could use in the future.
Olgin, Parades, Castillo and Gonzales face up to 20 years in federal prison on the drug conspiracy charge; a mandatory consecutive seven years imprisonment on the firearms charge; and, up to life in federal prison on the charge of murder during the course of a drug trafficking crime. Sentencing is scheduled for June 25, 2015. Noe Galan and Ruben Hernandez remain fugitives. They are charged by indictment with conspiracy to possess with intent to distribute a controlled substance, possession of a firearm in relation to a drug trafficking crime, and murder during the course of a drug trafficking crime.
This indictment resulted from an investigation conducted by the Odessa Police Department and the FBI with assistance from Homeland Security Investigations (HSI), Texas Department of Public Safety (DPS), Texas Rangers, and the U.S. Border Patrol. Assistant United States Attorneys John Klassen and William F. Lewis, Jr., are prosecuting this case on behalf of the Government.
Former Piedras Negras “Plaza” Drug Trafficker Pleads Guilty to Federal Drug Distribution ChargeRead the Press Release
In San Antonio today, 46-year-old Esiquiel Rodriguez (aka “Cheke”), a former major drug trafficker in the Piedras Negras “Plaza,” pleaded guilty to his leadership role in the importation and distribution of thousands of kilograms of narcotics into the United States from Mexico announced Acting United States Attorney Richard Durbin, Jr., DEA Special Agent in Charge Joseph Arabit and San Antonio Police Chief Anthony Treviño.
Appearing before Chief United States District Judge Fred Biery this morning, Rodriguez pleaded guilty to one count of conspiracy to possess with intent to distribute a controlled substance. By pleading guilty, Rodriguez admitted that since the early 2000s, he was one of the major drug traffickers in the Piedras Negras “Plaza” in Coahuila, Mexico, and was responsible for the transportation of thousands of kilograms of cocaine and marijuana from Mexico into the United States.
Law enforcement investigations revealed that Rodriguez had strong associations with various large scale narcotics organizations, including the Los Zetas transnational drug cartel. From approximately 2007 through 2009, Rodriguez worked with various high level Zetas trafficking cocaine. The investigation revealed that between 2007 and 2009, Rodriguez and others smuggled a minimum of 500 kilograms of cocaine per month from Mexico into the United States, and at least 6,000 kilograms per year during this time frame. Most of this cocaine was smuggled through the Eagle Pass Port of Entry to San Antonio and then distributed to other destinations throughout the United States. Many of the same persons and vehicles used to smuggle narcotics into the United States were used to smuggle millions of dollars of drug proceeds back into Mexico as well as weapons for the Zetas. These weapons were assault type weapons which were used to control the Plazas or drug trafficking areas controlled by the Zetas.
As a result of his guilty plea to the conspiracy charge, Rodriguez faces a sentence of 35 years in federal prison if the terms of the plea agreement are approved by the Court. Sentencing is scheduled for 8:30am on July 24, 2015, before Chief Judge Biery.
In a separate but related matter, Rodriguez was arrested in April 2013 by the San Antonio Police Department and charged with possession with intent to distribute methamphetamine. On September 29, 2014, Rodriguez pleaded guilty to possession with intent to distribute over 300 grams of pure methamphetamine. He faces between ten years and life in federal prison. Sentencing on the methamphetamine charge, which will be before U.S. District Judge Orlando Garcia, has yet to be scheduled.
These charges resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by agents with the Drug Enforcement Administration (DEA), San Antonio Police Department and the High Intensity Drug Trafficking Area Task Force (HIDTA), which is comprised of investigators from the Texas Department of Public Safety, Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI) , Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Internal Revenue Service-Criminal Investigation (IRS-CI). The U.S. Border Patrol also assisted in this investigation.
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.
Williamson County Court at Law Judge Indicted by Federal Grand Jury in Connection with Firearm Violations and False Statements to a Government AgentRead the Press Release
In Austin today, a federal grand jury indicted Williamson County Court at Law Judge Timothy L. Wright, III, on various firearm violations and making false statements to a government agent. That announcement was made today by Acting United States Attorney Richard L. Durbin, Jr., Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Robert Elder, and Homeland Security Investigations (HSI) Special Agent in Charge James Spero.
The nine-count indictment alleges that between June 1, 2014, and February 24, 2015, Wright sold firearms on three occasions to a person he knew or had reasonable cause to believe was a convicted felon; aided, abetted and facilitated the smuggling and attempted smuggling of firearms from the United States; and made a false statement during the purchase of a firearm. In addition, the indictment alleges that Wright made false statements on two occasions to a government agent about creating false paperwork and selling firearms to a convicted felon.
According to ATF Special Agent in Charge Robert Elder, “This firearms trafficking investigation, which involves multiple firearms destined for Mexico, is another example of ATF’s relentless pursuit of individuals who attempt to utilize any means available to illegally appropriate and divert firearms for criminal purposes.”
“The indictment of Timothy L. Wright, Williamson County Court at Law Judge, sends a strong message that Homeland Security Investigations (HSI) will not tolerate the unlawful export of firearms, regardless of the smuggler’s position or status,” said James Spero, Special Agent in Charge, HSI San Antonio. “These serious gun charges are a breach of that public trust which puts the safety of our communities at risk.”
Wright, age 70, has been the judge of Williamson County Court at Law # 2 since January 2, 2003.
Upon conviction, Wright faces up to ten years of imprisonment on each firearm charge and up to five years of imprisonment on each count alleging false statement to a government agent.
This indictment resulted from an investigation conducted by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations with assistance from the Internal Revenue Service and the Texas Department of Public Safety. Assistant United States Attorney Michael Galdo 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.
San Antonio Man Sentenced to Federal Prison on Bank Fraud ChargesRead the Press Release
In San Antonio today, 41-year-old Michael Dennehy was sentenced to 63 months in federal prison for bank fraud announced Acting 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, Senior United States District Judge David A. Ezra ordered Dennehy to pay $1,935,402.72 in restitution back to his employer, H. G. Dennehy pleaded guilty on December 17, 2014, to a one-count criminal information charging bank fraud.
According to court records, Dennehy began working for H.G. in 2004 and was promoted to a position managing accounts payable. Dennehy’s job duties were to pay the bills for H.G. and handle the company’s billing for surrounding cities. Dennehy began stealing money from H.G. by writing checks to himself and depositing them into his personal bank accounts. Dennehy also wrote unauthorized company checks directly to pay his personal American Express bills. As time went on, Dennehy forged H.G. checks written to himself or for his benefit in amounts ranging from $4,850.00 to $13,256.69 at a time.
By pleading guilty to the charge, Dennehy admitted that from 2008 until he was caught in 2014, he embezzled nearly $2 million dollars from his former employer, H.G., and used the money he stole on strippers, luxury vehicles, and gambling trips to Louisiana.
This case was investigated by agents with the Federal Bureau of Investigation. Assistant United States Attorney Christina Playton prosecuted this case on behalf of the Government.
San Antonio Man Sentenced to 225 Months in Federal Prison for Distributing Child PornographyRead the Press Release
In San Antonio today, Senior United States District Judge David A. Ezra sentenced 44-year-old Daniel David Osuna of San Antonio to 225 months in federal prison followed by 15 years of supervised release for distributing child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
On December 16, 2014, Osuna pleaded guilty to one count of distributing child pornography. By pleading guilty, Osuna admitted that he communicated and exchanged child pornography with over 100 other individuals. Osuna also admitted he had received, possessed and distributed child pornography via the Internet for a number of years. Court proceedings revealed Osuna possessed over 1300 images and over 300 videos of child pornography.
Osuna has remained in custody since his arrest on October 16, 2014.
This case was investigated by agents of the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Tracy Thompson.
Federal Jury in Del Rio Convicts Texas Syndicate MemberRead the Press Release
In Del Rio yesterday, a federal jury returned guilty verdicts against a Texas Syndicate member for various violations of federal racketeering offenses committed in Uvalde, San Antonio and the surrounding areas announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division. The Defendant faces life in prison for each racketeering offense he has been found guilty of committing.
Jurors convicted 39-year-old George “Curious” Sanchez of Uvalde, Texas, of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute. Evidence presented during the trial revealed that Sanchez is a member of the Texas Syndicate and along with fourteen other members and associates, conspired since 2002 to commit 3 murders, and conspired to distribute controlled substances. He also was found guilty of conspiracy to commit murder in aid of racketeering and murder in aid of racketeering for the murder of Rogelio Mata on October 13, 2002 in Uvalde, Texas. Mr. Mata was murdered for failing to follow the rules of the Texas Syndicate.
According to testimony at trial, the Texas Syndicate is a violent prison gang that has spread its influence into Texas cities and towns. Members of the Texas Syndicate are bound by a set of rules that ensure loyalty and participation in the enterprise’s criminal activities and are subject to strict and harsh discipline, including death, for violating the rules. The rules require that a member continue his participation in the organization even after his release from prison. Membership is for life and the gang comes first above all else, to include family.
On July 1, 2013, in a jury trial in Del Rio, Texas, Sanchez’s co-defendants Raul “Fatboy” Rodriquez of Uvalde, Texas, Mike “Big Mike” Cassiano of Uvalde, Texas and Cristobal “Little Cris” Velasquez of Uvalde, Texas, were convicted of conspiracy to violate the RICO statute. Rodriquez also was convicted of the substantive charge of violent crime in aid of racketeering for the murder of Rogelio Mata in Uvalde, Texas on October 13, 2002. Velasquez was found guilty of conspiracy to commit violent crime in aid of racketeering and the substantive charge of violent crime in aid of racketeering for the murder of Jose Guadalupe de la Garza on December 25, 2005 in Uvalde, Texas. Cassiano also was found guilty of two counts of conspiracy to commit violent crime in aid of racketeering for the murder of Jose Guadalupe de la Garza on December 25, 2005 in Uvalde, Texas, and the November 9, 2009 murder of Jesse James Polanco in Uvalde, Texas. All three are currently awaiting sentencing.
In addition, the following 10 co-defendants are awaiting sentencing after pleading guilty prior to trial for violating the RICO statute: Sotero Rodriguez Martinez (a.k.a. “June”), of Uvalde, Texas; Chuco Mario Martinez (a.k.a. “Mariachi”), of Uvalde, Texas; Jose Andres Torres (a.k.a. “Yogi”), of Uvalde, Texas; Larry Munoz, Jr. (a.k.a. “Little Larry”), of Uvalde, Texas; Brian Esparza (a.k.a. “Tata”), of Uvalde, Texas; Charles Esparza (a.k.a. “Horse”), of Uvalde, Texas; Ervey Sanchez (a.k.a. “Mad Max”), of Uvalde, Texas, Mark Anthony Vela, of Hondo, Texas; Mario Alberto Gonzales (a.k.a. “The Enforcer”), of Hondo, Texas and, Charles Olan Quintanilla, of Hondo, Texas.
The case resulted from a joint investigation by the Federal Bureau of Investigation with the Texas Department of Public Safety--Criminal Investigations Division, San Antonio Police Department, Medina County Sheriff’s Office and the Bandera County Sheriff’s Office. Also assisting in the investigation was the 38th Judicial District Adult Probation Gang Unit, Texas Department of Criminal Justice and the U.S. Bureau of Prisons. The U.S. Marshals Service, U.S. Immigration and Customs Enforcement-Customs and Border Protection and the Uvalde County Sheriff’s Department assisted in making the arrests. The case against Defendant Sanchez was prosecuted by Assistant United States Attorneys Patrick Burke, Ralph Paradiso and Matthew Watters.
El Paso Businessman Sentenced to Federal Prison for Money LaunderingRead the Press Release
In El Paso this week, 54-year-old Eduardo A. Herrera, owner of Best for Less Collision Center in El Paso, was sentenced to ten years in federal prison for his part in a money laundering scheme announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez in El Paso.
In addition to the prison term, United States District Judge David Briones ordered that Herrera forfeit his business property valued at $411,000.00, and cash seized from four business bank accounts totaling $15,451.05.
Herrera’s sentence also included a $1,000,000 money judgment.
On January 14, 2015, Herrera pleaded guilty to one count of money laundering. According to court documents, an HSI El Paso investigation determined that Herrera used Best for Less Collision Center for transnational drug smuggling and money laundering. Proceeds of cocaine and marijuana smuggled from Mexico and transported to end users in the Jacksonville, Florida area, were sent to El Paso through numerous funnel accounts held in third parties’ names. Best for Less Collision Center withdrew the proceeds and covered deposits into the business' bank accounts with false invoices. More than $2,000,000 has been identified as being funneled through third party accounts.
This case was investigated by special agents with Homeland Security Investigations and the Drug Enforcement Administration along with the El Paso Police Department as part of the El Paso Southwest Border FOCUS Financial Task Force. Assistant United States Attorney Joseph Blackwell prosecuted this case on behalf of the Government
Odessa Man Sentenced to Ten Years in Federal Prison for Coercion and Enticement of a MinorRead the Press Release
In Midland today, United States District Judge Robert A. Junell sentenced 24–year-old Mitchell Stephen Dailey of Odessa to ten years in federal prison followed by ten years of supervised release for coercion and enticement of a minor announced Acting United States Attorney Richard L. Durbin, Jr.
On January 14, 2015, Dailey pleaded guilty to one count of enticing a minor female to engage in sexual activity. By pleading guilty, Dailey admitted that, as an Odessa Police Department academy recruit, he engaged in sexual activity on four or five occasions in June 2014 with a 15-year-old girl, who was enrolled in the Police Athletic League (PAL) program. PAL is a six-week-long summer camp where police officers oversee, mentor, and instruct sporting events, teamwork and leadership activities for area youth. Dailey further admitted that he sent the child sexually explicit photographs via text message, Kik, Snapchat, and Vine.
Dailey has remained in custody since his arrest on July 8, 2014.
This case was investigated by the Texas Rangers and prosecuted by Assistant United States Attorney Austin Berry.
IRS Agents Arrest Former El Paso Businessowner and Three Employees in Connection with an Alleged Fraudulent Tax Return Preparation SchemeRead the Press Release
In El Paso this morning, IRS agents arrested 60–year-old Belia Mendoza, the owner of Mendez Tax Service, and three of her employees in connection with an alleged fraudulent tax return preparation scheme announced Acting United States Attorney Richard Durbin, Jr. and Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter.
A 22-count federal grand jury indictment, filed last week and unsealed today, charges Mendoza, 36-year-old Margarita Hernandez, 46-year-old Denise Duchene and 47–year-old Anna Montez with one count of conspiracy to defraud the United States. The indictment also charges the defendants with multiple counts of aiding and assisting in the preparation of a false income tax return.
According to the indictment, from February 2009 until June 2011, Mendoza and the others conspired to prepare and submit to the IRS numerous fraudulent income tax returns for tax years 2008, 2009 and 2010. In order to obtain maximum refunds for their clients using the Earned Income Credit, the defendants would use false or inflated figures for unreimbursed employee business expenses (Schedules A and C), child and dependent care expenses (Form 2441), education credits (Form 8863), and false filing status. Authorities allege the total loss to the Government at as a result of this scheme is estimated to be $90,000.
“While most return preparers provide excellent service to their clients, a few unscrupulous tax preparers file false and fraudulent returns to defraud the government and their own clients. Our special agents use their investigative and financial expertise to identify and hold accountable abusive tax return preparers who knowingly prepare tax returns containing false tax credits and deductions that they are not entitled to receive. Today’s arrests should send a strong signal that we are putting those dishonest tax return preparers on notice that we are watching their activities closely to ensure compliance with the law,” stated Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter.
Upon conviction, the defendants face up to five years in federal prison on the conspiracy charge and up to three years in federal prison for each false tax return preparation charge. Assistant United States Attorney Adrian Gallegos is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Former Contract Employee Sentenced to Federal Prison for Theft of an Estimated $478,000 in U.S. Postal Service PropertyRead the Press Release
In San Antonio today, 68-year-old Marvis Charles Box of Converse, TX, was sentenced to three years in federal prison for stealing an estimated $478,000 of United States Postal Service equipment announced Acting United States Attorney Richard Durbin, Jr., and U.S. Postal Inspection Service Inspector in Charge Adrian Gonzalez, Houston Division.
In addition to the prison term, United States District Judge David A. Ezra ordered that Box pay $467,044.75 restitution to the U.S. Postal Service and be placed on supervised release for a period of three years after completing his prison term.
As a U.S. Postal Service contract employee, Box was responsible for transporting mail to and from the Canyon Lake Post Office. On approximately 175 occasions between August 22, 2012 and December 4, 2013, Box stole U.S. Postal Service mail transportation equipment, namely sacks, pouches, trays, metal containers, wire cages, pallets and other items. He subsequently sold the materials, including an estimated 418,000 pounds of metal to a San Antonio scrapyard, for personal financial gain. On May 30, 2014, Box pleaded guilty to one count of theft of government property.
This case was investigated by inspectors with the U.S. Postal Inspection Service. Assistant United States Attorney Michael R. Hardy prosecuted this case on behalf of the Government.
San Antonio Man Sentenced to Almost 11 Years in Federal Prison for Transportation of a Minor to Engage in Sexual ActivityRead the Press Release
In San Antonio today, U.S. District Judge David A. Ezra sentenced 33-year-old Ricardo Castillo, Jr., to 130 months in federal prison followed by ten years of supervised release for transportation of a minor with intent to engage in sexual activity announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
Judge Ezra also ordered that the San Antonio resident register as a sex offender for life.
According to court records, in December 2013, Castillo began text messaging with a 15-year-old female in Illinois. Communications between the two eventually became sexual in nature resulting in Castillo texting a sexually explicit photograph of himself to the minor. The child confided to Castillo that she was upset with her home life. On April 25, 2014, Castillo drove from San Antonio to Illinois, and picked the child up at the end of her street. Once in the car, Castillo removed the SIM card from the child’s phone, and then transported her back to San Antonio where he sexually assaulted her twice.
On the day she disappeared, the victim’s family filed a missing child report with the LaSalle County (IL) Sheriff’s Department. From the victim’s phone records, her father noted an unknown phone number which belonged to the defendant.
On May 5, 2014, Illinois law enforcement detected cell phone activity from the missing child’s cell phone in San Antonio. Coincidentally, that same day, the victim reached out to a friend via Facebook for help. The friend provided the victim’s location to her family. A family member, who had previously driven from Illinois to San Antonio to help locate the missing child, successfully recovered the missing child.
Castillo has remained in custody since his arrest on June 13, 2014. He pleaded guilty to the charge on September 16, 2014.
This case was investigated by the Federal Bureau of Investigation (FBI) together with the LaSalle County (IL) Sheriff’s Department and the San Antonio Police Department. Assistant United States Attorney Sarah Wannarka prosecuted this case on behalf of the Government.
Midland Man Sentenced to Federal Prison for Coercion and Enticement of a MinorRead the Press Release
Midland resident Kenneth Simon Brzoznowski, age 37, will serve 29 years and 7 months in federal prison for coercion and enticement of a minor announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez in El Paso.
In addition to the prison term handed down today, U.S. District Judge Robert Junell ordered that Brzoznowski be placed under supervised release for a period of 10 years after completing his prison term.
On October 17, 2014, Brzoznowski pled guilty to using a cell phone to entice a minor female to engage in sexual activity. According to court records, the defendant used a phone app called “Tango” to have a sexually explicit conversation with a female minor. This app was discovered by Brzoznowski’s parole officer. Brzoznowski was previously incarcerated in 2005 for attempting to meet with a 13-year-old girl to have sex.
"Part of HSI's mandate is to protect children in our community from criminals that want to harm them," said Waldemar Rodriguez, Special Agent in Charge of HSI El Paso. "It's a part of our mission that we pursue aggressively."
This investigation was conducted by Homeland Security Investigations. Assistant United States Attorney Austin Berry prosecuted this case on behalf of the Government.
Pecos Father and Daughter Sentenced in Methamphetamine ConspiracyRead the Press Release
In Pecos today, a federal judge sentenced 56-year-old Jose Luis Corrales to 365 months and 28-year-old Angelica Corrales to 210 months in federal prison, announced Acting United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez and Pecos Chief of Police Clay D. McKinney.
Both defendants are from Pecos. In addition to the prison terms, visiting U. S. District Chief Judge of the Southern District of Mississippi Louis Guirola, Jr., ordered the defendants to serve a 5-year term of supervised release upon completion of their prison terms.
According to court records, Jose Luis Corrales and Angelica Corrales pled guilty to one count of conspiracy to distribute methamphetamine, admitting that from October, 2013, continuing until August, 2014, the two distributed over 3000 grams of methamphetamine. Court records further reveal that Angelica Corrales admitted she sold at a minimum three grams of methamphetamine, supplied by her father, three times a day for a year.
This case was investigated by the Department of Homeland Security Investigations - Alpine and the Pecos Police Department with assistance from the United States Border Patrol, Department of Public Safety, the Texas Rangers, and the Federal Bureau of Investigation. Assistant United States Attorney James J. Miller, Jr., prosecuted this case on behalf of the Government.
Lone Ranger Bandit Sentenced to 40 Years in Federal Prison for Series of Armed Bank RobberiesRead the Press Release
In Waco today, a federal judge sentenced 38-year-old Richard Wayne Swicegood (aka “Lone Ranger Bandit”) of Waxahachie, TX, to 40 years in federal prison for committing 13 armed bank robberies in Texas and Arkansas announced Acting United States Attorney Richard L. Durbin, Jr. and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
In addition to the prison term, U.S. District Judge Walter S. Smith, Jr. ordered that Swicegood pay $119,815.00 restitution to the financial institutions and be placed on supervised release for a period of five years after completing his prison term.
On January 15, 2015, Swicegood pleaded guilty to 13 counts of bank robbery. By pleading guilty, Swicegood admitted that he committed the following robberies:
- Temple Santa Fe Community Credit Union in Temple, TX, on October 4, 2011; March 30, 2012; and July 12, 2013, stealing a total of approximately $72,330.
- Union State Bank in Round Rock, TX, on January 4, 2012, and June 5, 2014, stealing a total of approximately $10,780.
- First State Bank in Salado, TX, on July 9, 2012, stealing approximately $5,075.
- Extraco Bank in Lampasas, TX, on November 8, 2013, stealing approximately $2,450.
- Select Federal Credit Union in San Antonio, TX, on March 6, 2014, stealing approximately $9,500.
- Citibank in Wichita Falls, TX, on July 21, 2011, stealing approximately $8,640.
- Altra Federal Credit Union in Tyler, TX, on August 31, 2011, stealing approximately $5,290.
- BBVA Compass Bank in Tyler, TX, on May 17, 2012, stealing approximately $2,750.
- Summit Bank in Benton, AR, on June 30, 2011, and July 1, 2014, stealing a total of approximately $16,220.
On July 1, 2014, following the Summit Bank robbery, an Arkansas state trooper near Benton initiated a stop on the purported bank robbery suspect’s vehicle. Swicegood was arrested after the trooper located a fake firearm and the stolen money inside Swicegood’s vehicle.
This case was investigated by the Federal Bureau of Investigation (FBI) with assistance from the Texas Rangers; San Antonio, Temple, Round Rock, Wichita Falls, Tyler, Lampasas, and Salado Police Departments in Texas; Benton (AR) Police Department; and, the Arkansas State Police. Assistant United States Attorney Greg Gloff prosecuted this case on behalf of the Government.
San Antonio Businessman Arrested in Connection with Multi-Million Dollar Investment ScamRead the Press Release
In San Antonio today, FBI agents arrested 53-year-old Armando Jesus Hernandez Leal of Shavano Park, TX, in connection with a multi-million dollar investment fraud scam announced Acting United States Attorney Richard Durbin, Jr., FBI Special Agent in Charge Christopher Combs, San Antonio Division and Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter.
A federal criminal complaint unsealed today charges Hernandez with one count of wire fraud. According to the complaint, Hernandez was responsible for managing an estimated $66 million investment portfolio of a Mexican businessman and his family. The complaint alleges that from 2005 to 2014, Hernandez had not invested his clients’ money like he had agreed to, but instead spent their money to purchase homes, planes and other assets for his personal use.
Hernandez had his initial appearance in federal court this morning and detained without bond pending a detention hearing scheduled for 3:30pm on March 13, 2015, before United States Magistrate Judge John Primomo. Upon conviction, Hernandez faces up to 20 years in federal prison.
This investigation was conducted by special agents from the FBI and the Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Greg Surovic 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.
Former Reserve Airman Sentenced for Theft of Government Property and Burglarizing a Del Rio PharmacyRead the Press Release
In Del Rio today, 21-year-old Simon Robert Barron, a former reserve U.S. Airman temporarily assigned to Laughlin Air Force Base, was sentenced to two concurrent 21-month imprisonment terms for stealing Government property and burglary of a pharmacy announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison sentences, United States District Judge Alia Moses ordered that Barron pay $3,980.11 in restitution and be placed on supervised release for a period of three years after completing his prison term.
On February 20, 2014, Barron pleaded guilty to the indictment. According to court records, on May 20, 2013, Barron attempted to purchase cough syrup at the LifeChek Pharmacy located on North Bedell Avenue, but was turned away for not having a prescription. That evening, Barron returned to the pharmacy where he used a rock to smash a window, entered the pharmacy, and then stole an assortment of narcotics with a retail value of more than $63,000. Two days later, while at Laughlin AFB, Barron was ordered to undergo a medical evaluation after he appeared intoxicated. A urinalysis revealed the presence of marijuana, Xanax, cocaine, codeine, and several opiates in his system. During a subsequent search authorization, issued by a military magistrate and executed at the Barron’s barracks room, Air Force OSI investigators discovered over 6,300 pills and liquid narcotics stolen from the LifeChek pharmacy along with stolen Government property including seven GPS units, two digital cameras, a power drill, an LED flashlight and a Motorola Radio Base Station. Authorities also recovered an Air Force air compressor from Barron’s vehicle and a Government chainsaw Barron pawned at a local pawn shop on the day of the pharmacy burglary.
This investigation was conducted by agents with the Air Force Office of Special Investigations together with the Del Rio Police Department. Assistant United States Attorneys Patrick Burke and Matthew Watters prosecuted this case on behalf of the Government.
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San Antonio Man Sentenced to Two Life Terms Plus 30 Years in Federal Prison in Connection with Sex Trafficking of Minors SchemeRead the Press Release
In San Antonio today, a federal judge sentenced 38-year-old Marcus Deshawn Wright to two life imprisonment terms for sex trafficking of minors plus 30 years in prison for production of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division and Texas Attorney General Ken Paxton.
In addition to Wright, Chief U.S. District Judge Fred Biery sentenced: 22-year-old Malcom Deandre Copeland of San Antonio, to 18 years in federal prison followed by 15 years of supervised release; 41-year-old Raymond Valas, a former U.S. Army Lt. Colonel in the New Hampshire National Guard, to 15 years in federal prison followed by 15 years of supervised release; and, 20-year-old Amber Doak of San Antonio, to six months incarceration followed by 15 years of supervised release. Judge Biery also ordered that all four defendants be registered sex offenders for the rest of their lives. Wright, Copeland and Doak were also ordered to pay $1,500 restitution to their victim.
“Today’s sentencings by Chief Judge Biery should make it clear beyond doubt that engaging in the commerce of sex with minors in intolerable and unacceptable. Those who participate in such exploitation face serious consequences to their liberty,” stated Acting United States Attorney Richard L. Durbin, Jr.
Last year, separate federal juries convicted Wright, Copeland and Valas of sex trafficking of a minor. Wright was also convicted of one count of child pornography. Prior to trial, Doak pleaded guilty to one count of sex trafficking of minors.
Evidence presented during the trials revealed that in 2013, Doak, at the bidding of Wright and Copeland, encouraged a 15-year-old female, to engage in sexual acts for money. Using a mobile phone provided by Wright, Doak took pictures of the victim which Wright and Copeland subsequently used to promote her on an Internet website which advertised prostitution services under the pretext of “escorts.”
The evidence also revealed that Doak fielded inquiries from individuals responding to the prostitution advertisement and also traveled with Wright and Copeland as they transported the victim to multiple locations in San Antonio as well as Corpus Christi to engage in commercial sex. Testimony revealed that Valas solicited the minor female using the internet and that he knowingly had sex with her in a San Antonio hotel on two occasions in August 2013 while on temporary duty.
“Recruiting, exploiting, and transporting juveniles for the purpose of underage prostitution is among the lowest forms of human conduct,” said FBI San Antonio Special Agent in Charge, Christopher Combs. “Today’s sentences should send a clear message to those who engage in this revolting criminal activity; our children are not for sale.”
“Thanks to the collaborative efforts of state, local and federal law enforcement authorities, these four defendants were convicted for sex trafficking of minors,” Texas Attorney General Ken Paxton said. “I congratulate everyone involved for taking these criminals off the streets and out of our communities. Texas has become and will remain a national leader in human trafficking prevention efforts. Together, we will continue to protect survivors and bring traffickers to justice.”
This case was investigated by the Federal Bureau of Investigation (FBI) together with the San Antonio Police Department. Assistant United States Attorney Bettina Richardson and Special Assistant United States Attorney Geoff Barr from the Texas Attorney General’s Office prosecuted this case on behalf of the Government.
Former Campaign Coordinator Sentenced to Federal Prison for Embezzling Millions of Dollars from Former Texas Lieutenant Governor David Dewhurst’s Campaign AccountsRead the Press Release
In Austin today, 58-year-old political consultant Kenneth Barfield (aka “Buddy Barfield”) was sentenced to 87 months in federal prison for stealing more than $2.5 Million in campaign funds from former Texas Lieutenant Governor David Dewhurst announced Acting United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division, and IRS-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.
In addition to the prison term, United States District Judge Sam Sparks ordered that Barfield pay $2,513,778 restitution to the Barfield Litigation Trust Settlement and be placed on supervised release for a period of three years after completing his prison term. Barfield also owes the Internal Revenue Service $427,073 in back taxes. Judge Sparks allowed Barfield to remain on bond pending Bureau of Prisons facility designation.
On October 21, 2014, Barfield pleaded guilty to one count of wire fraud, one count of making a false tax return and one count of embezzlement of federal campaign funds. According to court documents, Barfield, and through his Austin-based companies, was a member of the campaign staff and committee for Lieutenant Governor David Dewhurst’s run for the Republican nomination for United States Senate in 2012. Barfield and his companies were responsible for securing, paying, and/or subcontracting legal and legitimate activities on behalf of Dewhurst’s campaign and had a fiduciary duty to act in the best interests of the campaign, including oversight and maintenance of financial records.
By pleading guilty to the charges, Barfield admitted to knowingly engaging in a scheme to steal campaign funds and use it for his own personal expenses including his home mortgage, school tuition for his children, personal investments and other living expenses. Barfield further admitted that on his 2008 Income Tax return, he knowingly stated that his Taxable Income was zero when, in fact, his Taxable Income should have been reported as approximately $582,000. Barfield also admitted that under his direction, fraudulent documentation was submitted in disclosure reports to the Federal Elections Commission (FEC) regarding expenditures for campaign disbursements.
“The victim in this case, a campaign fund, was out of the ordinary. But the crime, a brazen theft, was straightforward. Barfield stole a lot of money. The Court's sentence properly holds him responsible for his misdeeds,” stated Acting United States Attorney Richard L. Durbin, Jr.
“Today's sentencing is an important victory for the American taxpayer. For those who abuse their position of public trust and engage in fraud of this magnitude and complexity, as in the case of Mr. Barfield, there are serious consequences,” stated William Cotter, Special Agent in Charge, IRS Criminal Investigation. “This sentence should serve as a deterrent to anyone contemplating similar theft from the hard working public for their own greedy benefit. IRS Criminal Investigation remains determined and vigilant in ferreting out such nefarious schemes to defraud the citizens of this great county.”
“Whenever an individual utilizes their position to defraud the public for their own personal gain by stealing campaign contributions, it tarnishes our political process. The FBI is committed to working with our law enforcement partners to ensure those who choose to line their pockets with public funds and abuse their positions of trust are held accountable,” stated FBI Special Agent in Charge Christopher Combs.
This case was investigated by special agents with the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation together with the Travis County District Attorney’s Special Prosecution Division. Assistant United States Attorneys Dan Guess and Ashley Hoff prosecuted this case on behalf of the Government.