Category: Legal Issues

Source: United States Attorneys General 12

St. Thomas, VI – United States Attorney Delia L. Smith announced that Samuel Davies, of Tortola, BVI, pleaded guilty before United States Magistrate Judge Ruth Miller to bringing an alien to the United States for private financial gain.

According to court documents, on September 7, 2019, U.S. Customs and Border Protection Air and Marine Operations intercepted a vessel as it approached Coral Bay, St. John, with no navigational lights. Davies, the captain, and a Dominican Republic male were the occupants of the vessel. Neither occupant could produce legal documentation that allow their presence in the United States. Davies later told the agents that he met a man in Tortola known to him as “San Diego” who asked to take the Dominican National to Jost Van Dyke, BVI, but they accidentally ended up in Coral Bay. The passenger was later deported to the Dominican Republic and Davies will be sentenced by a federal judge at a hearing scheduled by the court.

This case was investigated by the Department of Homeland Security Investigations and Customs and Border Patrol Air and Marine Operations and prosecuted by Assistant United States Attorney Kyle Payne.

Source: United States Attorneys General 12

St. Thomas, VI – U.S. Attorney Delia L. Smith announced that Wesly Albert Amaro of Puerto Rico, pleaded guilty before United States Magistrate Ruth Miller to one count of possession with intent to distribute cocaine.

According to court documents, on March 29, 2022, at approximately 4:00 a.m., the United States Coast Guard detected a vessel operating without navigation lights traveling at a high rate of speed from Culebra, PR, towards Hendrick Bay, St. Thomas. The vessel was later intercepted by U.S. Customs and Boarder Protection Air and Marine Operations. The vessel, operated by Amaro, attempted to flee while the co-defendant Brian Santiago Gonzalez began throwing duffel bags overboard. The engine of the vessel was disabled after Amaro failed to stop. Agents later recovered three duffel bags containing 79 kilograms of suspected narcotics which later tested positive for cocaine hydrochloride. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the United States Coast Guard, Drug Enforcement Administration, Homeland Security Investigations and U.S. Customs and Border Protection Air and Marine Operations and was prosecuted by Assistant United States Attorney Kyle Payne. This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Source: United States Attorneys General 12

St. Thomas, VI – United States Attorney Delia L. Smith announced that Rafael Velez-Lopez of Puerto Rico pleaded guilty before United States Magistrate Judge Ruth Miller to one count of possession with intent to distribute cocaine.

According to court documents, on September 22, 2020, Drug Enforcement Administration agents arrested Velez-Lopez and Emanuel Campbell Camacho after they observed Camacho exit the Windward Passage Hotel and enter a blue Mazda sedan that traveled to the parking lot at Nelson Mandela Circle. Camacho later exited his vehicle and approached the passenger side of another vehicle where he removed a black duffle bag and placed it into his vehicle. Camacho then returned to the Windward Passage Hotel with a duffle bag approached the stairs leading to the second- floor level of the hotel. As the agents approached Camacho, they observed Velez-Lopez near the top of the stairs checking his cell phone. Agents inspected the duffel bag and discovered 30 brick-shaped objects inside the duffle bag that Camacho was carrying. Velez Lopez and Camacho were in constant communication during the entire transaction. The bricks later tested positive for cocaine hydrochloride. Velez-Lopez will be sentenced by a federal district court judge who will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by Drug Enforcement Administration and investigated by Assistant United States Attorney Kyle Payne. This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Source: United States Attorneys General 12

St. Croix, VI – United States Attorney Delia L. Smith announced that Michael Antony Nelson-Gaet, 34, of Nicaragua, pleaded guilty before Magistrate Judge Emile A. Henderson, III, to conspiracy to possess with intent to distribute cocaine while on board a vessel subject to the jurisdiction of the United States. Sentencing for Nelson-Gaet is set for June 21, 2023, where he faces a maximum of 20 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

According to court documents, on March 5, 2022, during a routine patrol in international waters, the United States Coast Guard Cutter Legare encountered the “La Bendecida Leo, a go-fast vessel located 140 nautical miles southwest of Isla de Malpelo, Columbia. The go-fast vessel was traveling at a high rate of speed with bales and fuel barrels visible on its deck. The vessel had no registration, but the occupants claimed Nicaraguan nationality for the vessel. Nicaragua could neither confirm nor deny nationality of the vessel. The vessel was therefore subject to the jurisdiction of the United States. The Coast Guard boarding team after members observed the occupants throwing the bales overboard. Approximately 550.6 kilograms of cocaine and 136 pounds of marijuana were recovered from the ocean.

The United States Coast Guard, Homeland Security Investigations and Drug Enforcement Administration are investigating this case, and Assistant United States Attorney Daniel H. Huston is prosecuting the case. This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Source: United States Attorneys General 12

St. Croix, VI – United States Attorney Delia L. Smith announced that Joel G. Rivera, 37, of St. Croix, was sentenced by District Court Judge Wilma A. Lewis to 150 months incarceration for his conviction on Carjacking and Using a Firearm During a Violent Crime, followed by three years of supervised release, a fine of $1,000.00, a special assessment of $200.00, and $1,600.00 restitution.

According to court documents, in the early morning hours of September 10, 2017, Rivera, along with two assailants, broke into a couple’s home in Estate Rust Op Twist while brandishing a firearm. The group physically assaulted the male victim by punching him in the head and threatened to kill the couple while demanding money. Thereafter, at gunpoint, Rivera and his assailants forced the couple into the rear passenger seat of their Toyota Tacoma pick-up truck and drove to the shoreline location where the male victim had left his wallet. After retrieving the wallet, Rivera and his assailants fled in the Toyota Tacoma pick-up truck and a Jeep Wrangler. In addition to the vehicles, Rivera stole $200.00 cash, two iPhones valued at $600 each and an iPad valued at $200.00.

This case was investigated by the Virgin Islands Police Department and the Federal Bureau of Investigations and prosecuted by Assistant United States Attorney Daniel H. Huston. This case is part of the Department of Justice’s Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. For more information on the Department of Justice’s Project Safe Neighborhoods, please see: https://www.justice.gov/psn.

Source: United States Attorneys General 12

St. Croix, VI – United States Attorney Delia L. Smith announced today that Luis Davis, 34, of St. Croix, was sentenced to 186 months of incarceration by District Court Judge Wilma A. Lewis, after being convicted of carjacking, using a firearm during a violent crime and felon in possession of a firearm. Judge Lewis also sentenced Davis to 5 years of supervised release, a fine of $1,000.00, a special assessment of $300.00 and $1,600.00 in restitution.

According to court documents, in the early morning hours of September 10, 2017, Davis, along with two assailants, broke into a couple’s home in Estate Rust Op Twist while brandishing a firearm. The group physically assaulted the male victim by punching him in the head and threatened to kill the couple while demanding money. Thereafter, at gunpoint, Davis and his assailants forced the couple into the rear passenger seat of their Toyota Tacoma pick-up truck and drove to the shoreline location where the male victim had left his wallet. After retrieving the wallet, Davis and his assailants fled in the Toyota Tacoma pick-up truck and a Jeep Wrangler. In addition to the vehicles, Davis stole $200.00 cash, two iPhones valued at $600 each and an iPad valued at $200.00. In 2011, Davis was convicted of first degree assault in the Superior Court of the Virgin Islands.

This case was investigated by the Virgin Islands Police Department and the Federal Bureau of Investigations and prosecuted by Assistant United States Attorney Daniel H. Huston. This case is part of the Department of Justice’s Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. For more information on the Department of Justice’s Project Safe Neighborhoods, please see: https://www.justice.gov/psn.

Source: United States Attorneys General 12

SAN ANTONIO – A retired Air Force brigadier general was sentenced in a federal court in San Antonio today to 12 months and one day in prison with three years of supervised release for wire fraud and filing a false tax return.

According to court documents, Scott A. Bethel, 59, of Spring Branch began working as a government contractor and advisor to the Air Force upon his active duty retirement in 2012.  During that time, he launched his own business, working directly with government staffing contracts, which he tended to simultaneously with the work he conducted for his contract employer.  Bethel would seek hotel reimbursement from both his employer and the government.  Bethel also submitted false hotel invoices for instances when he stayed with personal acquaintances rather than at hotels.  In total, Bethel received approximately $15,140.50 from the Air Force to which he was not entitled.

An examination of Bethel’s work laptop revealed that he had also falsified charitable deductions and business expenses from 2015 to 2019, resulting in a government tax loss of approximately $139,687.00.

In addition to the prison sentence, Bethel was also ordered to pay $154,827.50 in restitution.

“Our commitment to upholding the rule of law and safeguarding the public trust remains unwavering,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “No one is above the law, and my office will relentlessly prosecute those who abuse their positions for personal gain and undermine the integrity of our financial systems, regardless of their status or background.”

“Today, the sentencing of retired U.S. Air Force Brigadier General Scott Allen Bethel serves as a reminder that those in positions of authority and trust are expected to uphold higher standards of integrity and accountability,” said Special Agent in Charge Ramsey E. Covington of IRS Criminal Investigation’s Houston Field Office. “Bethel’s fraudulent actions, which included fabricating invoices, claiming false deductions, and attempting to enlist others in his criminal activities, not only tarnished his distinguished career but also undermine the very foundations of our tax and government systems. We are committed to enforcing the law and ensuring that individuals, regardless of their rank or status, are held accountable for their actions as we continue to work with our law enforcement partners to uphold the values of justice and fairness.”

IRS-CI, General Services Administration Office of Inspector General, and the U.S. Air Force Office of Special Investigation investigated the case. Assistant U.S. Attorney Bill Harris and Special Assistant U.S. Attorney Jay Porier prosecuted the case.

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Source: United States Attorneys General 12

AUSTIN, Texas – An Austin man was sentenced in a federal court in Austin Tuesday to five years in prison for possession of child pornography.

According to court documents, Tucker Smith, 31, had searched for, accessed, viewed, downloaded, possessed, stored, and distributed child sexual abuse material (CSAM) since approximately 2018.  Smith stated that he maintained between 15 and 20 gigabytes of CSAM depicting minors ranging from two to three years old to 15-16 years old.  Investigators seized and submitted approximately 904 images and 3,402 videos of suspected CSAM to the National Center for Missing and Exploited Children (NCMEC).

“This sentencing sends the message that we will continue to pursue and prosecute the predators who engage in the heinous and indefensible act of possessing child sexual abuse material,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “Thank you to our partners at the FBI for their investigation and helping us seek justice for the dozens upon dozens of child victims exploited in this case.”

“The FBI remains steadfast in our commitment to protect children from those who seek to exploit their innocence,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division.  “These types of cases serve as a reminder of the important role the public plays in keeping our children and communities safe by immediately reporting potential public safety threats to law enforcement.”

The FBI investigated the case.

Assistant U.S. Attorney Matt Devlin prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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Source: United States Attorneys General 12

SAN ANTONIO – The U.S. Attorney’s Office for the Western District of Texas joins the rest of the nation in commemorating National Crime Victims’ Rights Week (NCVRW) April 23-29.  NCVRW is an annual week of recognition to honor victims of crime and ensure their rights are upheld.

This year’s theme is “Survivor Voices: Elevate. Engage. Effect Change.”  It calls upon communities to amplify the voices of survivors and create environments where survivors have the confidence that they will be heard, believed, and supported.

“Survivors of crime often face physical, emotional and psychological trauma that can have long-lasting effects.  They deserve our support, our compassion and our protection,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “As U.S. Attorney, I am committed to ensuring that criminals are held accountable for their actions, and that victims are treated with dignity and respect.  This week, we stand in solidarity with survivors and remain focused on working toward a society in which all victims are treated with dignity and respect so that they can heal and rebuild their lives.”

The U.S. Attorney’s Office for the Western District of Texas has a dedicated team of prosecutors and victim assistance professionals who work together to ensure victims of crime receive the services and support they need.

In 2022, the U.S. Attorney’s Office for the Western District of Texas obtained a default judgement against Samantha Mueting and her company, iCORE Global.  Mueting led a real estate scam, perpetrating a series of frauds upon couple nearing retirement.  One of the victim couples lost approximately $600,000 to Mueting and iCORE Global when they sent wire transfers to Mueting’s bank accounts in San Antonio. Immediately after the wire transfers were deposited, Mueting made a large cash withdrawal. Suspecting fraud, bank officials closed the account and issued a check to Mueting who then deposited the funds into another bank account in San Antonio under the name of iCORE Global LLC and ICG Secure Deposit Funds LLC.  Working with the United States Secret Service, the U.S. Attorney’s Office for the Western District of Texas filed a civil forfeiture case against the funds, which then totaled $482,194.05.  The funds were returned to the victims in or about Oct. 2022.

On Aug. 4, 2022, Jose Gomez III was sentenced in Midland to 25 years in prison on hate crime charges for attacking an Asian family he believed was Chinese and therefore responsible for the COVID-19 pandemic.  Gomez further admitted that he had attempted to kill the family’s six-year-old child.  In addition to the prison sentence, Gomez was ordered to pay the victims $16,782.74 in restitution.

On Aug. 24, 2022, two men were sentenced in Waco for robbing five area merchants at gunpoint, causing severe harm to each of their victims through violent crime.  Roosevelt Jones IV is now serving a 20 year prison sentence, while co-defendant Christopher Teon Fults is serving 10 years.  Combined, Jones and Fults were ordered to pay more than $21,000 in restitution to the victims.

On Jan. 23, 2023, Jaycob Andrew Bustamante was sentenced to 204-months imprisonment, a 30 year term of supervised release, and $13,500 restitution, for cyberstalking, distribution of child sexual abuse material and extortion.  Between January 2021 and September 2021, he created multiple social media accounts posing as the victim, through which he posted the sexually explicit images and sent the child pornography to her friends and family. Over the course of Bustamante’s constant harassment, he repeatedly threatened and stalked the victim through social media, placing her and her family in fear of violence, while demanding more sexually explicit images.

On Feb. 8, 2023, Connor Flores Jimenez, of the Kickapoo Traditional Tribe of Texas Reservation near Eagle Pass, was sentenced in Del Rio to 20 years in prison after he severely injured his two-month-old baby and choked his wife unconscious.

On April 4, 2023, Alberto Jimenez Pastrana was sentenced in Pecos to 15 years in prison for possession of a firearm by a prohibited person.  Pastrana had shot at a vehicle containing his children and their mother, then crashed into it with this own vehicle and drove away, fleeing numerous law enforcement vehicles from various agencies.  Pastrana was a convicted felon with four prior felony convictions and received the statutory maximum sentence.

Visit ovc.ojp.gov/ncvrw2023/overview for more information on National Crime Victims’ Rights Week.

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Source: United States Attorneys General 12

SAN ANTONIO – An El Paso man pleaded guilty in a federal court in San Antonio Wednesday to conspiracy to possess with intent to distribute 400 grams or more of fentanyl.

According to court documents, Albert Medina Jr. aka “Tots,” 37, sent at least 60,000 fentanyl pills to an undercover agent in San Antonio in 2021.  Federal agents seized six bundles containing a total of seven kilograms of fentanyl during the transaction between the undercover agent and Medina’s courier, co-defendant Francisco Javier Ortiz.  Ortiz pleaded guilty in December 2022 and currently awaits his sentencing hearing.

Medina is scheduled to be sentenced on July 26 and faces a minimum of 10 years in prison with a maximum penalty of life in prison and a $10 million fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Daniel Comeaux of the Drug Enforcement Administration made the announcement.

The DEA is investigating the case.

Assistant U.S. Attorney William Calve is prosecuting the case.

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