Source: Office of United States Attorneys
HOUSTON – A 39-year-old Mission man has been sentenced for his role in a long-running and violent conspiracy to monopolize the transmigrante forwarding agency (TFA) industry in the Los Indios border region, announced U.S. Attorney Nicholas J. Ganjei.
Carlos Martinez, who pleaded guilty Feb. 6, and his co-conspirators controlled the transmigrate industry through monopolization and extortion of competitors.
U.S. District Judge George C. Hanks Jr. has now ordered Martinez to serve 132 months in federal prison to be immediately followed by three years of supervised release. He must also pay a $2 million fine.
Martinez and others used fear to control pricing, eliminate competition and keep the transmigrante industry profitable through “pool” allocations and piso payments.
Transmigrantes transport used vehicles and goods from the United States through Mexico for resale in Central America. Only a few U.S. border crossings, including the Los Indios Bridge, allow transmigrantes to enter Mexico.
Transmigrante forwarding agencies are U.S.-based businesses that help clients complete customs paperwork to export vehicles into Mexico. Martinez and his co-conspirators fixed prices for forwarding services and created a centralized entity, known as the “pool,” to collect and divide revenue among conspirators. They used the pool to eliminate competition and raise prices.
“Price fixing is not a victimless crime; it harms customers in the form of artificially high prices. Consumers need to have faith that the prices they pay are fairly determined by the market, rather than the product of illegal collusion,” said U.S. Attorney Nicholas J. Ganjei. “The 11-year sentence Mr. Martinez received reflects the size and scope of his criminal operation, as well as his leadership role in organizing and facilitating the unlawful scheme.”
“The defendants extorted victims trying to make an honest living in the freight forwarding business, and by fixing prices illegally drove up the cost of moving goods,” said Matthew R. Galeotti, head of the Justice Department’s Criminal Division. “The lead defendant’s sentence of 11 years in prison reflects the harm caused to the business community along the Southern border. The Department of Justice’s Criminal Division will continue to work to ensure that competition is fairly preserved.”
“Today’s sentence reflects the significant danger and harm the American people face from violent and extortive actions aimed at fixing prices and monopolizing the market for essential services in the Texas border region,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “The Antitrust Division will continue to aggressively pursue violent criminals who aim to corrupt America’s free markets and advocate for their incarceration.”
“This case underscores the serious threat posed by transnational criminal networks operating at our borders,” said Special Agent in Charge Craig Larrabee of Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI) San Antonio. “Carlos Martinez and his co-conspirators orchestrated a violent scheme that extorted small businesses, fixed prices, and laundered millions of dollars — all while threatening the safety and integrity of lawful commerce. HSI will continue to aggressively pursue those who exploit legitimate industries through corruption and intimidation, and we remain steadfast in our mission to protect our communities and our economy.”
“The FBI will remain laser focused on transnational criminal organizations, including organizations that use violence, threats or extortion to fix prices and eliminate competition,” said Special Agent in Charge Aaron Tapp of the FBI’s San Antonio Field Office. “The American people deserve access to fair markets, free from threats of violence or the corrosive impact of illegal market interference, manipulation, or collusion. Together with our partners, we are committed to protecting our borders and dismantling every component of transnational criminal organizations.”
Martinez, the son-in-law of a former Gulf Cartel leader in Mexico, ran a violent criminal syndicate operating at the U.S.-Mexico border. He seized control of the Los Indios bridge near Harlingen and Brownsville and hired workers to monitor transmigrante forwarding agencies and calculate the piso each owned.
Workers collected piso payments in cash and submitted them to Martinez’s organization. He enforced compliance by ordering disciplinary action against agencies that operated without permission, violated pool rules, failed to charge fixed prices or refused to make extortionate payments.
Forwarders not involved in the conspiracy were forced to join and pay into the pool. Martinez and other pool members monitored whether agencies followed pricing rules and made required payments. Martinez and his co-conspirators also demanded additional extortion fees, including a piso for each processed transaction and a fine for operating outside the pool. They used threats, intimidation and violence to enforce compliance and further their antitrust and extortion conspiracies.
Clients who didn’t comply faced consequences ranging from being denied access to the Los Indios Bridge to having their cars stolen. In more severe cases, they were kidnapped, beaten, firebombed, shot or killed.
Martinez personally collected at least $9.5 million in extortion payments. He and his family laundered the money through bank accounts they controlled, disguising the deposits to hide the true source, nature and ownership of the illicit funds.
To date, seven others have been convicted, three of whom have already been sentenced in the case.
ICE-HSI and FBI conducted the investigation.
Assistant U.S. Attorney Alexander L. Alum is prosecuting the case along with Trial Attorney Christina Taylor of the Criminal Division’s Violent Crime and Racketeering Section; Senior Litigation Attorney John Davis and Trial Attorneys Brittany E. McClure, Anne Veldhuis and Michael G. Lepage, all of the of the Antitrust Division.