Former U.S. Border Patrol Agent Pleads Guilty to Attempting to Distribute Methamphetamine and Receiving Bribes

Source: Office of United States Attorneys

SAN DIEGO – Former U.S. Border Patrol Agent Hector Hernandez pleaded guilty in federal court today, admitting that he used his official position to smuggle unauthorized immigrants and illegal drugs across the border in exchange for money.

According to his plea agreement, Hernandez admitted to using his official position to open border fences and allowing undocumented immigrants and controlled substances to enter the United States from Mexico. Hernandez also admitted to moving the drugs from the Southern District of California to other locations within the United States.

“Agent Hernandez betrayed his badge and his country,” said U.S. Attorney Tara McGrath. “Instead of providing protection from smugglers and drug traffickers, he joined them.”

“Border Patrol Agent Hernandez broke the public’s trust and abandoned his oath,” said DEA Special Agent in Charge Shelly Howe. “Law enforcement officers are required to uphold the law, not break it.”

“It’s always disheartening when individuals misuse their positions of trust within our government for nefarious activities,” said FBI San Diego Special Agent in Charge Stacey Moy. “Let this be a clear message, that we are absolutely resolved with our partners to rigorously investigate and pursue justice in all cases—even when they involve one of our own.”

“Department of Homeland Security Office of the Inspector General is grateful for the continued collaboration with our law enforcement partners as we root out corruption and crime along the Southwest Border. Today’s plea agreement sends a clear message that federal employees will be held accountable for their actions,” said the DHS Inspector General, Dr. Joseph V. Cuffari.

Hernandez admitted to taking Mexico-based smugglers on a tour of the US/Mexico border, identifying the best locations to sneak unauthorized immigrants into the United States, and sharing the locations of monitoring devices and cameras near the border to help them evade detection. Hernandez also admitted to opening restricted border fences on at least five occasions and allowing immigrants to enter the United States for cash payments of $5,000 each time.

On May 9, 2023, Hernandez met with someone he believed to be a drug trafficker but who was, in fact, an undercover federal agent. During this meeting, Hernandez agreed to pick up a bag full of narcotics that would be hidden near the border fence and bring it to the undercover agent in exchange for $20,000. Undercover agents loaded the bag with 10 kilograms of fake methamphetamine, one pound of real methamphetamine, and a tracking device, before placing the bag in a storm drain near the border fence.

Later that evening and while on duty, Hernandez drove his official vehicle to the storm drain and retrieved the bag. He drove the bag to his residence in Chula Vista and left it there for the remainder of his work shift. On May 10, 2023, after his shift was over, Hernandez returned home, retrieved the bag, and drove to meet with the undercover agent. He was arrested at that meeting. Upon arrest, investigators confirmed the bag still contained both the fake and real methamphetamine.

After Hernandez was arrested, agents searched his residence and found close to $140,000 in cash and 9 grams of cocaine. By Hernandez’s own admission, at least $110,000 of the seized cash represented proceeds from narcotics trafficking and bribery.

As part of his plea agreement, Hernandez forfeited his personal vehicle used to bring the drugs to the undercover agent; $110,000 of the seized cash; and his interest in the residence where the drugs were maintained.

This case is being prosecuted by Assistant U.S. Attorneys Sean Van Demark and Lawrence A. Casper.

Hernandez is scheduled to be sentenced on April 19, 2024 at 9 a.m. before U.S. District Judge Janis L. Sammartino.

DEFENDANTS                                Case Number 23cr1114-JLS                              

Hector Hernandez                              Age: 55                          Chula Vista, CA

SUMMARY OF CHARGES

Attempted Distribution of Methamphetamine – 21 U.S.C., Sections 841(a)(1) and 846

Maximum penalty: Life imprisonment with a 10-year mandatory minimum

Receiving Bribe by Public Official – 18 U.S.C., Section 201(b)(2)

Maximum penalty: Fifteen years in prison

INVESTIGATING AGENCIES

Department of Homeland Security, Office of the Inspector General

Drug Enforcement Administration

Federal Bureau of Investigation

IRS Criminal Investigation

Final Defendant Sentenced in a Gas Scheme that Cost Victims Over $200,000

Source: Office of United States Attorneys

SALT LAKE CITY, Utah – Emmanuel Dejesus Nina-Perez, 31, of Salt Lake City, was sentenced today to 27 months’ imprisonment by a U.S. District Court Judge as a result of a guilty plea. Nina-Perez is the sixth and final defendant in a three-year conspiracy that defrauded gas station customers and their banks by secretly using Bluetooth enabled skimming equipment to steal customers’ credit card information. 

According to court documents and statements made at the change of plea hearing, Yarislani Padron-Cruz, 38, a foreign national living in Salt Lake City; Yofre Napoleon Almonte, 50, a foreign national living in Salt Lake City; Iraldo Pereda-Mendez, 36, of Salt Lake City; Jandry Artigas-Reyes, 38, a foreign national living in Salt Lake City; and Yosbel Delgado-Valdes, 44, of Salt Lake City, pleaded guilty to participating in a gas scheme conspiracy that began in 2017 and lasted through 2020. The defendants executed the conspiracy by using Bluetooth enabled skimming equipment that they installed onto gas pumps, specifically, on the motherboard of the internal computer that controls the gas pumps. Skimming equipment contains a Bluetooth card reader/recorder that records information – such as the customers’ credit card number, name and zip code associated with the card. After installation, the defendants would get within range of the Bluetooth skimming device to initiate a wireless Bluetooth connection at the gas pump. The defendants would then download the digital credit card/debit card information captured by and stored in their skimming device. The defendants then encoded the data captured onto duplicate cloned cards and would use them to purchase fuel and other items. Several of the co-conspirators, including Nina-Perez, were either long-haul truck drivers or had close connections to trucking transportation companies who operated fleets of long-haul trucks. Collectively, the defendants are responsible for over $200,000 in losses. 

In addition to Nina-Perez’s sentence of imprisonment, Padron-Cruz was sentenced to 48 months imprisonment; Almonte was sentenced to 36 months’ imprisonment; Pereda-Mendez was sentenced to 39 months’ imprisonment; Artigas-Reyes was sentenced to 45 months’ imprisonment; and Delgado-Valdes was sentenced to 50 months’ imprisonment. Each has been ordered by the court to pay joint restitution to the victims. The court also ordered the forfeiture of $38,372 cash seized from Nina-Perez’s co-defendants’ residence in connection with their arrests.

“The theft of funds and identities imposed a serious burden and harm on the victims,” said U.S. Attorney Trina A. Higgins of the District of Utah. “My office is committed to seeking justice for victims and working with our investigative partners to crack down on this type of fraudulent behavior.”

“Filling up our gas tanks is a common, routine activity which means any one of us could have been a victim of this crime,” said Special Agent in Charge Shohini Sinha of the Salt Lake City FBI. “Fraud not only costs businesses and banks, but places an added burden on citizens to recover from identity theft. We encourage the public to regularly check their bank statements and report any potential fraud to local law enforcement or the FBI.” 

The case was investigated jointly by the FBI Salt Lake City Field Office and an FBI Task Force Officer with the Salt Lake City Police Department. 

Assistant United States Attorney Ruth Hackford-Peer and Special Assistant United States Attorney Sachiko J. Jepson of the U.S. Attorney’s Office for the District of Utah prosecuted the case.

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Canadian Man Pleads Guilty to Role in Scheme that Manipulated Penny Stock Prices and Cost Hedge Fund Investors More Than $215 Million

Source: Office of United States Attorneys

LOS ANGELES – A trader for a group of hedge funds pleaded guilty this afternoon to participating in a scheme that manipulated penny stock prices to inflate the hedge fund’s reported profits – fraudulent gains that generated millions of dollars in management and performance fees – and caused investors to lose more than $215 million when the funds collapsed.

Colin Heatherington, 49, of Vancouver, Canada, pleaded guilty to one count of conspiring to commit securities fraud and wire fraud and admitted his role in the scheme run out of Absolute Capital Management Holdings (Absolute Funds), a Cayman Island-based company that managed eight hedge funds from offices in Mallorca, Spain.

Heatherington was a securities trader who worked closely with the founder and chief investment officer of Absolute Funds, Florian Wilhelm Jürgen Homm, 64, a German financier who was indicted in March 2013 and is currently a fugitive from justice.

As part of the scheme, Heatherington oversaw the purchase of billions of shares of United States-based penny stocks, which were then traded using various manipulative practices, such as cross trading, which fraudulently inflated the value of the stocks and, in turn, the value of the Absolute Funds.

Heatherington and others in the scheme also reaped profits through self-dealing trades in which they sold their own shares of artificially inflated penny stocks to the Absolute Funds.

After this case was indicted, Heatherington was in Canada, and the United States sought his extradition. After fighting extradition, Heatherington agreed last year to come to the United States.

Another defendant in this case – Todd Michael Ficeto, 57, a former Beverly Hills stockbroker – was sentenced to six years in federal prison after being convicted of 18 felonies relating to his managerial role in the scheme to manipulate penny stock prices, which garnered him many millions of dollars from fees and commissions and self-dealing trades. Ficeto also allowed members of the conspiracy to trade the manipulated penny stocks through his company, among other fraudulent acts.

Heatherington pleaded guilty before United States District Judge John A. Kronstadt, who scheduled a sentencing hearing for May 9, at which time, Heatherington will face a statutory maximum sentence of 25 years in federal prison.

The FBI investigated this matter. The Department of Justice’s Criminal Division’s Office of International Affairs, IRS Criminal Investigation, the United States Securities and Exchange Commission, and the Financial Industry Regulatory Authority (FINRA) provided assistance.

Assistant United States Attorneys Cassie D. Palmer of the Public Corruption and Civil Rights Section, Scott Paetty of the Major Frauds Section, and Ian V. Yanniello of the General Crimes Section are prosecuting this case.

San Francisco Gang Member Sentenced To 57 Months’ Imprisonment For Illegally Possessing Firearms And Ammunition

Source: Office of United States Attorneys

SAN FRANCISCO – Shadon Caprice Mitchell was sentenced yesterday to 57 months in prison for illegally possessing four firearms and more than 100 rounds of unfired ammunition at his residence in San Francisco, announced United States Attorney Ismail J. Ramsey and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jennifer Cicolani. The sentence was handed down by the Hon. Vince Chhabria, United States District Judge.

Mitchell, 32, of San Francisco, pleaded guilty to one count of Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1), on July 19, 2023. He was charged by Indictment on December 13, 2022.

According to court documents, the San Francisco Police Department began investigating Mitchell in 2022 following a report of assault involving a firearm in the Western Addition neighborhood of San Francisco. When police officers searched Mitchell’s home in connection with that investigation, they found four firearms and multiple containers of ammunition in Mitchell’s bedroom.

At the time Mitchell was indicted, court documents show that he was known to law enforcement as a member of the Mac Block criminal street gang. According to court documents, Mitchell had previously been convicted of gun-related crimes. For example, in 2014, Mitchell was sentenced to three years’ imprisonment after he was convicted of committing an assault with a semi-automatic rifle. In the incident giving rise to that conviction, Mitchell and other individuals stopped their vehicle in the middle of traffic, approached the victim’s car, and began shooting at the victim, who was fortunately not injured in the incident. Two years later, in 2016, Mitchell was convicted in federal court for illegally possessing a loaded firearm.

In addition to the prison term, Judge Chhabria ordered Mitchell to serve three years of supervised release to begin after his prison term is completed.

Assistant U.S. Attorney Jared Buszin prosecuted the case, with the assistance of Paralegal Specialist Tina Rosenbaum. The prosecution is the result of an investigation by ATF.

Boston Man Pleads Guilty to Unlawful Trafficking of Machinegun Conversion Devices

Source: Office of United States Attorneys

BOSTON – A Boston man pleaded guilty today in federal court in Boston to illegally selling a dozen machinegun conversion devices.

Michael Wilkerson, 23, pleaded guilty to one count of engaging in the business as a manufacturer or dealer in firearms. U.S. District Court Judge Denise J. Casper scheduled sentencing for April 30, 2024. Wilkerson was initially arrested and charged along with co-defendant Elijah Navarro in February 2023. The defendants were subsequently indicted by a federal grand jury in March 2023.

In January 2023, Navarro agreed to sell 12 machinegun conversion devices to an individual in exchange for $1,700. Following a series of communications, Navarro met the individual twice at a pre-arranged location. On Jan. 19, 2023, Navarro sold the first two machinegun conversion devices for $400 and later, on Jan. 25, 2023, Navarro sold the remaining 10 devices for an additional $1,300 out of Wilkerson’s residence. 

During a search of Wilkerson’s residence in February 2023, two 3-D printers, 3-D printing material, machinegun conversion devices, a ballistic vest as well as firearms, ammunition and magazines were seized. 

Neither Navarro nor Wilkerson possess licenses to import, manufacture, deal or possess firearms.  

Navarro pleaded guilty to his role in the conspiracy in December 2023. He is scheduled to be sentenced on March 13, 2024. 

The charge of engaging in the business as a manufacturer or dealer in firearms provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $10,000. The charge of unlawful transferring or possession of a machinegun provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner Michael A. Cox made the announcement today. Assistant U.S. Attorney John T. Dawley of the Organized Crime & Gang Unit is prosecuting the case.

Former Employee at Skilled Nursing Facility Sentenced for Criminal Abuse of a Vulnerable Adult

Source: Office of United States Attorneys

            WASHINGTON – Kevin Thomas, 57, of Washington, D.C., was sentenced today in Superior Court for one count of criminal abuse of a vulnerable adult or elderly person, announced U.S. Attorney Matthew M. Graves for the District of Columbia, and Daniel W. Lucas, Inspector General for the District of Columbia.

            Superior Court Judge Deborah J. Israel accepted Thomas’ guilty plea today and ordered 180 days in jail, suspended, 18 months of supervised probation, mental health and drug treatment services as deemed necessary, and ordered that Thomas make a $50 payment to the Victims of Violent Crimes Fund.

            According to court documents, Thomas was employed as a customer service representative and smoking aide at Capital City Skilled Nursing Facility (CCSNF), a residential rehabilitation and healthcare center, located in Southeast Washington. Thomas’ job duties included taking individuals outside of the facility to their designated smoking area.

            On November 29, 2021, a resident of the facility reported that a staff member pushed him from his wheelchair while he was attempting to enter CCSNF’s smoking area. The victim has physical and psychological disabilities that would classify him as a “vulnerable adult” under D.C. Code § 22-932. During a subsequent interview, the victim stated that the staff member, identified as Thomas, pushed him and he fell out of his wheelchair and onto the ground, where he laid for several minutes without assistance from the defendant. After reviewing video of the incident, Thomas was immediately suspended from CCSNF, who then reported the abuse to the District’s Department of Health.

            This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the D.C. Office of the Inspector General (D.C. OIG) to protect vulnerable adults.  The D.C. OIG operates the District’s Medicaid Fraud Control Unit (MFCU), which is statutorily responsible for investigating and prosecuting District Medicaid provider fraud as well as abuse or neglect of residents in health care facilities and board and care facilities and of beneficiaries in noninstitutional or other settings.  The government urges the public to provide tips and assistance to stop health care fraud and abuse, neglect, or exploitation of vulnerable adults. If you have information about individuals committing these types of offenses, please call the D.C. Office of the Inspector General at 202-724-TIPS [202-724-8477].

            In announcing the guilty plea, U.S. Attorney Graves, and Inspector General Lucas commended the work of those who investigated the case from the D.C. OIG MFCU.  They also acknowledged the efforts of the D.C. Department of Health for their initial response.  They commended the work of Special Assistant United States Attorney Jason Facci, on detail from the D.C. OIG, who prosecuted the case.

New Orleans Man Pleads Guilty to Fentanyl Distribution

Source: Office of United States Attorneys

NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that ANYTHONY DOYLE (“DOYLE”), age 40, a resident of New Orleans, pled guilty on January 31, 2024 to three (3) counts of distribution of Fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B), and 841(b)(1)(C). In pleading guilty, the defendant faces, as to Counts One and Two, up to twenty (20) years in prison, at least three years of supervised release, and a fine of up to $1,000,000. As to Count Three, the defendant faces a minimum of five (5) years in prison, up to a maximum of forty (40) years, at least four years of supervised release, and a fine of up to $5,000,000. As to each count, DOYLE faces payment of a mandatory special assessment fee of $100.

According to court documents, on at least three (3) separate occasions in August of 2023, DOYLE sold Fentanyl to special agents from the Bureau of Alcohol, Tobacco, Firearms, and

Explosives. These transactions were audio and video recorded.  Chief United States District Judge Nannette Jolivette Brown set sentencing in this matter for May 16, 2024.

The U.S. Attorney’s Office would like to acknowledge the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives on this investigation. The prosecution of this case is being handled by Assistant United States Attorney Maria M. Carboni of the Financial Crimes Unit.

 

Windsor Mill Woman Pleads Guilty to Conspiring to Obtain More Than $3.5 Million in COVID-19 CARES Act Loans

Source: Office of United States Attorneys

Baltimore, Maryland –Tomeka Glenn, a/k/a “Tomeka Harris” and “Tomeka Davis,” age 47, of Windsor Mill, Maryland, pleaded guilty today to conspiracy to commit wire fraud, relating to the submission of millions of dollars in fraudulent COVID-19 CARES Act Paycheck Protection Program and Economic Injury Disaster Loan applications.

Glenn’s co-defendant, Kevin Davis, age 43, also of Windsor Mill, Maryland, pleaded guilty on January 25, 2024, to being a felon in possession of a firearm and ammunition.

The guilty pleas were announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge R. Joseph Rothrock of the Federal Bureau of Investigation (“FBI”), Baltimore Field Office; Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration Office of Inspector Genera (“SBA-OIG”), Eastern Region; and Chief Robert McCullough of the Baltimore County Police Department.

Financial assistance offered through the CARES Act included forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program, administered through the Small Business Administration (“SBA”).  The SBA also offered an Economic Injury Disaster Loan (EIDL) and/or an EIDL advance to help businesses meet their financial obligations.  An EIDL advance did not have to be repaid, and small businesses could receive an advance, even if they were not approved for an EIDL loan. The maximum advance amount was $10,000.

According to Glenn’s plea agreement, beginning in June 2020 and continuing through March 2021, Glenn and various co-conspirators prepared numerous false and fraudulent EIDL and PPP loan applications for various businesses (including some that did not exist in any legitimate capacity) and that included false information concerning, among other things, number of employees, monthly payroll costs, and revenue.  The PPP applications also routinely included false and fraudulent Internal Revenue Service (“IRS”) tax forms and bank statements, which were submitted by Glenn to substantiate the false representations made in the applications. 

Glenn admitted that she received kickback payments from the loan borrowers in exchange for her assistance in connection with the submission of fraudulent PPP and EIDL applications, ultimately receiving more than $400,000 in kickbacks in connection with the scheme. These kickbacks typically amounted to 10% to 20% of the loan amount.  

In total, the kickback scheme resulted in the disbursement of at least $2,715,649.12 in fraudulently obtained PPP and EIDL funds in connection with 23 fraudulent PPP loans and EIDLs.

According to Glenn’s plea agreement, Glenn and her then-fiancé Davis, received $300,726.50 in PPP/EIDL funds for various entities that they controlled, and Glenn attempted to obtain $601,511.20 in additional fraudulent PPP and EIDL funds too. 

Glenn used the fraudulently obtained funds to pay for a luxury vacation at a resort in Jamaica, to purchase a 2021 Mercedes-Benz S580 sedan valued at $148,171.60, to buy thousands of dollars in luxury jewelry, as well as numerous other luxury goods, including items from Luis Vuitton, Neiman Marcus, Dior, Cartier, Gucci, Chanel, and Hermes.

At the time of her scheme, neither Glenn, nor Davis had any legitimate source of income, and in May 2020, each applied for unemployment insurance benefits in the State of Maryland.   

As detailed in Davis and Glenn’s plea agreement, on January 6, 2023, law enforcement executed a federal search warrant at their residence.  Davis and Glenn were present at the residence at the time of the search and were arrested in connection with the fraudulent COVID-19 CARES Act loans.

According to Davis’s plea agreement, during the execution of the search warrant, law enforcement found and seized four firearms loaded with ammunition—a 9mm firearm, and three .40 caliber firearms.  Later investigation revealed that the one of the .40 caliber firearms had earlier been reported stolen by its owner.

As detailed in the plea, the firearms were hidden by Davis in the air ducts of the residence: two firearms were hidden in the main bedroom air duct where Davis slept and kept his personal effects; the other two firearms were in the air duct of the bathroom closest to the main bedroom.  Moreover, two of the firearms were further stuffed in socks in attempt to hide them.  Davis admitted that he possessed and secreted the firearms in the air ducts of his home (and in the socks) in an attempt to conceal them from law enforcement after learning that federal agents had a warrant to search his home.  Davis’s concealment of the firearms constitutes attempted obstruction of the administration of justice with respect to the investigation.  Each of the four firearms recovered from Davis’s home on January 6, 2023 were later found to have his DNA on them.  A later review of Davis’s iCloud account revealed the existence of, among other things, a series of videos depicting Davis handling firearms, including a shotgun and an assault rifle.  Davis knew that his previous felony conviction prohibited him from possessing firearms or ammunition.

As part of their plea agreements, Glenn and Davis will be required to forfeit their interest in any assets derived from or obtained by them as a result of, or used to facilitate the commission of, their illegal activities.  Specifically, Glenn is required to forfeit a money judgment in the amount of at least $700,726.50; the 2021 Mercedes-Benz; cash in bank accounts she controlled that were held in the names of business entities; and jewelry, including her 3.03 carat yellow diamond engagement ring, a Diamond Miami Cuban Link Chain with 31.5 carats of VS1 diamonds, and Rolex, Cartier and Breitling watches.  Davis must forfeit the firearms and ammunition.

Glenn faces a maximum sentence of 20 years in federal prison for the wire fraud conspiracy and Davis faces a maximum of 15 years in federal prison.  Actual sentences for federal crimes are typically less than the maximum penalties.  U.S. District Judge Richard D. Bennett has scheduled Glenn’s sentencing for May 7, 2024, at 2:30 p.m. and scheduled sentencing for Davis on April 17, 2024, at 11:00 a.m.

The District of Maryland Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.  The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic.  The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.  The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.

For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.  Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

United States Attorney Erek L. Barron commended the FBI, the SBA-OIG, and the Baltimore County Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Paul A. Riley, who is prosecuting the case.  He also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber. 

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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El Paso Fentanyl Dealer Sentenced to More Than 10 Years in Prison

Source: Office of United States Attorneys

EL PASO, Texas – An El Paso man was sentenced in a federal court in El Paso to 130 months in prison for possession with intent to distribute fentanyl.

According to court documents, Gary Everett Rinker, 56, sold approximately 200 pills containing 19.8 grams of fentanyl to a buyer at an El Paso hotel. The criminal complaint filed July 12, 2023 alleged that over a separate three-day period Rinker sold quantities of counterfeit Oxycodone Hydrochloride 30 mg tablets to the buyer, totaling approximately 55 grams of fentanyl.

Rinker was arrested in July 2023 and pleaded guilty Nov. 1, 2023.

“This defendant was a prominent fentanyl dealer in the El Paso community who will spend the next decade off our streets, largely due to his extensive drug-related criminal history dating back to 2007,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I commend the joint efforts of our partners at FBI and the Drug Enforcement Administration, as well as the dedicated attorneys of the Western District who continue to aggressively prosecute these offenders.”

“Fentanyl continues to be a considerable threat to our communities, ending the lives of our neighbors, friends and loved ones who, in many cases, aren’t even aware they’re taking the drug,” said Special Agent in Charge John Morales for the FBI El Paso Field Office. “FBI El Paso and our Drug Enforcement Administration partners are working together will come after anyone supplying poison to innocent lives and bring them to justice.”

“Our Fentanyl Overdose Response Team (FORT) does not just investigate fatalities caused by fentanyl,” said Towanda Thorne-James, Special Agent in Charge of the DEA’s El Paso Division. “By putting Mr. Rinker behind bars, FORT worked proactively to potentially save lives. Rinker was not the first fentanyl dealer targeted by our FORT, and he won’t be the last.”

The FBI and DEA investigated the case.

Assistant U.S. Attorney Richard Watts prosecuted the case.

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California Drug Trafficker Sentenced to Federal Prison

Source: Office of United States Attorneys

PORTLAND, Ore.—A Fontana, California man was sentenced to federal prison Wednesday for his role in a local drug distribution ring responsible for trafficking large quantities of illegal narcotics from Mexico into the Portland metro area for redistribution and sale.

Javier Sarabia, 28, was sentenced to 151 months in federal prison and five years’ supervised release.

According to court documents, beginning in April 2019, special agents from the U.S. Drug Enforcement Administration (DEA) and other law enforcement agencies began investigating a drug trafficking organization operating in Portland and Vancouver, Washington. On April 22, 2019, investigators stopped a vehicle traveling north on Interstate 5 toward Portland. An initial search of the vehicle returned $23,000 in cash and what appeared to be hand-written drug ledgers. Later, while conducting a full search of the vehicles, investigators found two after-market compartments under the vehicle’s front seats concealing 100 pounds of crystal methamphetamine and eight pounds of heroin.

Further investigation revealed that the driver of the seized vehicle had recently communicated with Sarabia who served as a drug load coordinator, stash house operator, courier, and sub-distributor for the trafficking organization. It was later determined that Sarabia himself had arranged for the drugs to be loaded into the seized vehicle.

On month later, on May 28, 2019, as part of an unrelated law enforcement operation, police in Chino, California stopped Sarabia in a vehicle that was found to contain approximately ten pounds of methamphetamine. Sarabia confessed to his involvement in the drug trafficking organization and admitted to personally loading the drugs into the vehicle stopped and seized in Oregon.

On August 14, 2019, a federal grand jury in Portland returned a five-count indictment charging Sarabia and eleven others with conspiracy to possess with intent to distribute and distribute controlled substances, use a communication facility, and maintain drug-involved premises, and other related charges. On October 18, 2023, Sarabia pleaded guilty to the conspiracy charge. 

Sarabia is the eleventh person in the conspiracy to be sentenced. The twelfth and final defendant is a fugitive.

This case was investigated by DEA with assistance from the Tigard Police Department. It was prosecuted by the U.S. Attorney’s Office for the District of Oregon.