Category: Legal Issues

Source: United States Attorneys General 12

SAN ANTONIO – A San Antonio man was sentenced in a federal court in San Antonio today to three months in prison and one year of supervised release for assault on a federal officer.

According to court documents, Daniel Ignacio Lizcano, 26, resisted arrest during an encounter with a National Park Service Ranger at the San Antonio Missions National Historic Park.  Lizcano had been reported along with a female for suspicious activity at the San Jose Visitor Center bathroom within the park and was located with a vape tool and glass pipe.  During an initial interview at the scene, Lizcano began to reach into his pocket, where a personal stun gun was later located.  Lizcano refused to follow the park ranger’s instructions to drop what was in his hands, the park ranger attempted to place him under arrest and a struggle ensued.  The park ranger called for support from additional officers and received assistance from a civilian passerby to gain control of Lizcano.  Lizcano pleaded guilty March 28 to one count of assault on a federal officer.    

“Our national parks are protected land where everyone should be able to enjoy the beauty of America and the unique heritage of the region,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “I appreciate the efforts our law enforcement partners at the National Park Service make to keep our parks safe, accessible and welcoming to all.”

“National Park Service law enforcement rangers serve a critical visitor and resource protection role, and as Superintendent of San Antonio Missions National Historical Park, I am committed to ensuring the safety of our employees and visitors,” said Christine Jacobs, Superintendent of San Antonio Missions National Historical Park.  “The National Park Service appreciates the support from the United States Attorney’s Office through prosecution of this individual who assaulted a federal officer and for the court holding him accountable.”

The National Park Service investigated the case.

Assistant U.S. Attorney Fidel Esparza III prosecuted the case.

###

Source: United States Attorneys General 12

LAREDO, Texas – Two women residing in Monterrey, Mexico, have been ordered to federal prison for their roles in importing nearly 1000 grams of heroin, announced U.S. Attorney Alamdar S. Hamdani.

Maria Luisa Hernandez-Alanis, 41, and Tania Melissa Coutino-Hernandez, 40, pleaded guilty Nov. 1, 2022.

Today, U.S. District Judge Marina Garcia Marmolejo imposed a 36-month term of imprisonment for both women. Not U.S. citizens, they will be expected to face removal proceedings following their sentences. At the hearing, the court heard additional evidence regarding their roles in the crime, determining that they each agreed equally to participate in the scheme. In handing down the prison terms, Judge Marmolejo noted heroin is a very serious problem in the United States, resulting in thousands of overdose deaths every year.

At the time of their pleas, they admitted that on Sept. 4, 2022, they arrived at the Juarez-Lincoln Bridge Port of Entry in Laredo in a vehicle. They applied for entry into the United States by presenting B1/B2 tourist visas.

At secondary inspection, law enforcement discovered two yellow bags of potato chips inside of Coutino-Hernandez’s purse. The bags appeared to be sealed and unopened. However, the contents felt like a heavy ball. Further inspection revealed the bags contained heroin bundles weighing 983.9 grams.

The investigation revealed the pair were both aware of the drugs and were going to be paid $300 each to cross into the country with them. The co-conspirators planned on returning to Mexico with a large amount of cash.

Both have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Drug Enforcement Administration conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Paul A. Harrison prosecuted the case.

Source: United States Attorneys General 12

HOUSTON – A 54-year-old Lyford man had entered a guilty plea to extortion under color of law, announced U.S. Attorney Alamdar S. Hamdani.

Patrick Gorena was a border investigator for Department of Transportation (DOT)’s Federal Motor Carrier Safety Administration.  

As part of his plea, Gorena admitted that when auditing a trucking company, he did not report safety violations that would have exposed the company to potential fines and the loss of their DOT license. In return, Gorena demanded $3,500.

However, he ultimately accepted $2,000 from an undercover law enforcement officer posing as a representative of the trucking company.

U.S. District Judge David Hittner will impose sentencing April 18. At that time, Gorena faces up to 20 years in prison.

He was permitted to remain on bond pending that hearing.

The Department of Transportation – Office of the Inspector General and FBI conducted the investigation. Assistant U.S. Attorney Richard Hanes is prosecuting the case along with Trial Attorney Lauren Castaldi of the Justice Department’s Public Integrity Section.

Source: United States Attorneys General 12

HOUSTON – A 27-year-old security guard working at a downtown Houston nightclub has been sent to prison following his conviction of a violent armed robbery in 2019, announced U.S. Attorney Alamdar S. Hamdani.

A federal jury sitting in Houston convicted Hakeem Alexander Coles for interference with commerce by robbery and discharging a firearm during a crime of violence June 6, 2022, following a five-day trial.

Today, U.S. District Ewing Werlein Jr. handed Coles a 240-month term of imprisonment for the robbery. He also received another 240 months for the firearms charge which must be served consecutively to the other sentence imposed. The total 40-year prison term will run consecutively to a 17-year sentence he received in Minnesota for another robbery and assaulting a federal agent.

Coles, of Minneapolis, Minnesota, used a false identity to get hired as a security guard for Cle Nightclub. He worked there for about two weeks. On Sept. 7, 2019, after the business closed, he robbed the employees at gunpoint and demanded $20,000 cash.

At trial, the jury heard from witnesses who described how Coles was hired as a security guard using someone else’s identity. They also heard from employees at Cle who described how he had robbed them at gunpoint and discharged his firearm toward them as he fled the scene.

The investigation led to Coles’ arrest in Louisiana. At that time, he was found in possession of a loaded firearm and the false identification he used to gain employment at Cle. Law enforcement was soon able to uncover his true identity.

The jury also heard evidence of another robbery Coles had committed in Minneapolis three weeks prior to the Cle robbery. In that case, Coles was working as a security guard at Cowboy Jacks Bar and Restaurant and robbed the employees during closed hours as well. Coles pleaded guilty in 2020 and received 17 years in federal prison on that case.

The defense attempted to convince the jury in this case that Coles did not commit the crime and it was, in fact, the individual whose identity he had stolen. The jury did not believe those claims and found him guilty as charged.

Coles will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI conducted the investigation with the assistance of the Harris County Sheriff’s Office; Gretna Police Department in Louisiana and Homeland Security Investigations. Assistant U.S. Attorneys Britni Cooper and Luis Batarse prosecuted the case.

This is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative which combines personnel and resources from numerous federal, state and local agencies. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts and enhancing training, public awareness and education. It stems from the Project Safe Neighborhoods (PSN) Program. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.

In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

Source: United States Attorneys General 12

McALLEN, Texas – A 61-year-old McAllen resident has been arrested for coercion and enticement of a minor, announced U.S. Attorney Alamdar S. Hamdani.

Fabian Vela is expected to make his initial appearance before U.S. Magistrate Judge Nadia S. Medrano at 9 a.m. Authorities took him into custody yesterday as he re-entered the United States at a Port of Entry in Hidalgo County.

The criminal complaint charges Vela with coercion and enticement of a minor from on or about Sept. 29 – Oct. 5, 2022.

Vela allegedly coerced and enticed a minor victim through the use of the WhatsApp messaging application and a cellular telephone. He persuaded the victim to send multiple nude and sexually explicit images in exchange for payment, according to the charges.

If convicted, Vela faces up to life in prison.

Homeland Security Investigations – Rio Grande Valley Child Exploitation Investigations Task force conducted the investigation with assistance from the U.S. Secret Service and the San Juan Police Department.

Assistant U.S. Attorneys Michael Mitchell and Devin Walker are prosecuting the case which is brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

Source: United States Attorneys General 7

BANGOR, Maine: A Levant man was sentenced today in U.S. District Court in Bangor for wire fraud and money laundering arising from his fraudulent receipt of Economic Injury Disaster Loan (EIDL) and Paycheck Protection Plan (PPP) funds.

U.S. District Judge Lance E. Walker sentenced Craig C. Franck, 40, to 33 months in prison followed by three years of supervised release. Franck pleaded guilty on August 16, 2022.

According to court records, Franck formerly owned CCF Acoustics LLC and CCF Acoustical Systems. Neither company was in business, generated income or had employees in 2020 or 2021. Franck received Maine unemployment insurance benefits over the same time frame. In July 2020, Franck was arrested on felony fraud charges in Florida. 

In the summer of 2020, Franck received $177,400 in EIDL funds after submitting two fraudulent loan applications to the U.S. Small Business Administration. In the applications, Franck made numerous false representations regarding CCF Acoustics LLC and CCF Acoustical Systems, misrepresented that the funds would be used to alleviate economic injury caused by the pandemic, and claimed that he was not subject to criminal charges. Franck illegally used the EIDL funds to retain a criminal defense attorney and post bail in his Florida criminal case. He also used the funds to purchase a pickup truck and pay for other personal expenses.

In March 2021, Franck received a $145,060 PPP loan after submitting a fraudulent loan application to a private lender. In support of the application, Franck provided false IRS documents and forged checking account statements. Franck illegally spent the PPP funds on a second vehicle, online retail purchases and living expenses, among other prohibited uses.

In imposing sentence, Judge Walker observed that Franck engaged in a cynical scheme amounting to “high tech pocket picking” and had displayed “an extraordinary amount of narcissism” in carrying out the pandemic fraud.

Homeland Security Investigations investigated the case.

Coronavirus Aid Relief and Economic Security (CARES) Act: The Coronavirus Aid Relief and Economic Security (CARES) Act is a federal law enacted on March 29, 2020. It was designed to provide emergency financial assistance to the millions of Americans who suffered economic effects resulting from the COVID-19 pandemic. The CARES Act made EIDL funding available to business owners negatively affected by the COVID19 pandemic. EIDL proceeds were funded by the SBA and disbursed by the U.S. Treasury. EIDLs could only be used to pay fixed debts, payroll, accounts payable and other bills that could have been paid had the COVID19 disaster not occurred.

Paycheck Protection Plan (PPP): Another source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding, and another $284 billion in December 2020. Businesses were required to use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allowed the interest and principal to be forgiven if businesses spent the proceeds on these expenses within a set period and used at least a certain percentage of the funds for payroll expenses.

# # #

Source: United States Attorneys General 7

ALEXANDRIA, La. – United States Attorney Brandon B. Brown announced that Deonne Drawdy, 50, of Pollock, Louisiana, was sentenced today by United States District Judge David C. Joseph to 24 months in prison, followed by 3 years of supervised release, for committing wire fraud.  Drawdy was also ordered to pay restitution in the amount of $374,331.30.

According to evidence presented to the court, Drawdy was employed at the architectural firm of Barron, Heinberg, and Brocato (BH&B) in Alexandria, Louisiana from approximately 2007 to 2020 as the bookkeeper and financial director. Some of her duties as an employee there included issuing checks to vendors.  

In 2020, BH&B noticed suspicious activity in the firm’s accounts and an audit was conducted. Law enforcement agents with the United States Secret Service joined in the investigation. Their investigation revealed that on or about January 7, 2019, Drawdy issued a check on the firm’s bank account made payable to Meyer, Meyer, Lacroix & Hixson. Drawdy fraudulently endorsed the check and deposited it into her personal bank account on January 10, 2019 and converted those funds for her own personal use.

The case was investigated by the United States Secret Service and prosecuted by Assistant U.S. Attorney Brian C. Flanagan.

# # #

Source: United States Attorneys General 7

SHREVEPORT, La. – United States Attorney Brandon B. Brown announced that two defendants who were found guilty of trafficking narcotics in the Shreveport/Bossier City area have been sentenced by United States District Judge S. Maurice Hicks, Jr.

Timothy DeWayne Vasher, 20, of Shreveport, Louisiana, was sentenced today to 120 months (10 years) in prison, followed by 3 years of supervised release, for possession with intent to distribute marijuana and possession of firearms during a drug trafficking offense. On August 11, 2021, deputies with the Desoto Parish Sheriff’s Office conducted a traffic stop of a vehicle and made contact with the driver who was Vasher. Law enforcement agents detected an odor of marijuana coming from inside the vehicle and conducted a probable cause search. Inside the center console, deputies found baggies containing between 3-5 grams of marijuana and a loaded Glock Model 21 .45 pistol.  Inside the trunk, deputies found a loaded Smith & Wesson Model M&P AR-15 pistol with a 50-round drum. The AR-15 had a barrel length of 8 7/8 inches and an overall length of 23 7/8 inches which had not been registered with the National Firearm Registration and Transfer Records (NFRTR). Agents with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) determined that the firearms were in working order and that the AR-15 was stolen. The narcotics were tested by the North Louisiana Crime Lab and confirmed to be marijuana.

This case was investigated by the ATF and Desoto Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney J. Aaron Crawford.

Misty Michell Moran a/k/a Misty Ott, 46, of Shreveport, Louisiana, was also sentenced today to 120 months (10 years) in prison, followed by 3 years supervised release, for possession with intent to distribute methamphetamine. In January 2022, agents with the U.S. Drug Enforcement Administration (DEA) received information that Moran was transporting large amounts of methamphetamine from the Dallas, Texas area to the Shreveport area. Through their investigation, agents learned that Moran was frequently making these trips. On February 21, 2022, troopers with the Louisiana State Police conducted a traffic stop of Moran’s vehicle for a speeding violation in Shreveport. Law enforcement officers found suspected methamphetamine inside a plastic bowl on the passenger seat of the vehicle, a SCCY Model CPX-2 9mm handgun attached to the front dashboard, and over $2,000 in cash. The narcotics were sent to the DEA Crime Lab and it was confirmed that the seized narcotics contained 998 grams of pure methamphetamine.

The case was investigated by the DEA and Louisiana State Police and prosecuted by Assistant U.S. Attorney J. Aaron Crawford.

# # #

Source: United States Attorneys General 7

LAFAYETTE, La. – Four defendants involved in two separate counterfeiting cases were sentenced today, announced United States Attorney Brandon B. Brown. United States District Judge David C. Joseph sentenced the four defendants as follows:

Joshua Michael Dore, 38, of Lafayette, Louisiana, was sentenced to 36 months in prison, followed by 3 years of supervised release. Dore was convicted on June 2, 2022, by a federal jury of defrauding the United States government by falsely making counterfeit obligations. Evidence presented at trial showed that on September 18, 2020, officers with the Lafayette Police Department executed a search warrant at a residence on Rue Du Jardin in Lafayette. Dore was a resident of the detached apartment of that residence. During their search of the premises, officers located $1, $10, $20, and $100 counterfeit Federal Reserve Notes (FRNs), along with paraphernalia used to create these counterfeit notes. In addition, several sheets of printed FRNs were located inside the main residence. Dore was convicted of having bills in those denominations in his possession.

In a second and unrelated case, the three following defendants were sentenced by United States District Judge David C. Joseph:

Creig Matthew Jacquneaux, 48, of Lafayette, was sentenced to 16 months in prison, followed by 2 years of supervised release.  

Jeffrey Wilson, 30, of Lafayette, was sentenced to 21 months in prison, followed by 2 years of supervised release.

Beau Bertrand, 34, of Breaux Bridge, was sentenced to 10 months in prison, followed by 2 years of supervised release.

On December 6, 2021, law enforcement officers with the St. Martin Parish Sheriff’s Office and the United States Secret Service executed a search warrant at a residence on 6^th Street in Breaux Bridge, Louisiana. During the execution of the search warrant, agents encountered Jacquneaux and Wilson, who were present inside a dwelling on the property, and seized counterfeit Federal Reserve Notes (FRNs) in denominations of $20, $50 and $100.  In addition to the counterfeit FRNs, officers located several genuine FRNs, printers and FRNs soaking in chemical solutions in order to “bleach” the ink from them. 

Jacquneaux and Wilson admitted to their involvement in a counterfeiting operation and each pleaded guilty to the indictment charging them with defrauding the United States government by falsely making counterfeit obligations. Both Jacquneaux and Wilson also admitted to passing counterfeit FRNs in the Breaux Bridge and Lafayette areas.

Bertrand pleaded guilty to a bill of information charging him with misprision of a felony and admitted that he knew that Jacquneaux and Wilson had manufactured the counterfeit Federal Reserve Notes with the intent to defraud others to believe the notes were genuine.

These cases were investigated by the United States Secret Service, the Lafayette Police Department and the St. Martin Parish Sheriff’s Office and were prosecuted by Assistant U.S. Attorney Craig R. Bordelon.

# # #

Source: United States Attorneys General 7

United States Attorney Ronald C. Gathe, Jr. announced the sentencing of Kim K. Murphy, age 57, of Baton Rouge, Louisiana, as part of Operation Hidden Fee, an extensive federal, state, and local investigation by the Middle District Organized Crime and Drug Enforcement Task Force (OCDETF) aimed at a drug trafficking network based and operating in Baton Rouge. 

Chief Judge Shelly D. Dick sentenced Murphy to 168 months in federal prison following his conviction of conspiracy to distribute and to possess with the intent to distribute cocaine and crack cocaine.  Murphy must also serve three years of supervised release following his term of imprisonment.

According to admissions made as part of his guilty plea, Murphy conspired with his co-defendant Travis James and others to obtain, distribute, and possess with intent to distribute cocaine and crack cocaine.  Pursuant to court orders, federal law enforcement agents with the Drug Enforcement Administration (“DEA”) intercepted communications occurring over the cellular phones used by James.  During those court-authorized wiretaps, Murphy brokered multi-ounce transactions of cocaine and crack cocaine for customers.  Murphy and James would then set up meetings in Port Allen and Baton Rouge, Louisiana, where James delivered those amounts either to waiting customers or to Murphy, who then supplied his buyers.

On or about January 11, 2018, James and Murphy were traveling from Texas to Baton Rouge, Louisiana, in different vehicles when each of them were stopped separately for traffic violations.  During Murphy’s traffic stop, he gave unreliable answers to law enforcement’s questions.  Law enforcement sought and received Murphy’s written consent to search the vehicle wherein a green duffel bag was found in the trunk containing several vacuum sealed bags containing suspected bricked cocaine.  Murphy claimed ownership of said bag.

To date, nine members of this large-scale conspiracy have been prosecuted and convicted.

This investigation was led by the Drug Enforcement Administration with invaluable assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Internal Revenue Service, the East Baton Rouge Parish Sheriff’s Office, the Baton Rouge City Police Department, and the Louisiana State Police.  Other agencies also assisted in apprehending the defendants, including the U.S. Marshal’s Service, and the Sheriffs’ Offices in Ascension, Iberville, and West Baton Rouge Parishes.  These cases were prosecuted Assistant U.S. Attorneys Robert Piedrahita and Lyman E. Thornton III.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.