Archive for the ‘Crime News’ Category

May 15th, 2013

New Texas Laws Targeting Prosecutorial Misconduct: The Michael Morton Act and new Tex Gov’t Code 81.072(b) Limitations – Do They Really Help Texas Citizens?

Yesterday, the Texas Legislature sent two bills over to Governor Rick Perry’s desk for his signature:  the new Michael Morton Act (SB 1611) and an amendment to the Texas Government Code Section 81.072 (SB 825).  It’s expected that Governor Perry will sign this bills into law, and soon we’ll all be under their sway.

Here’s the big question:  what exactly do these new laws do – and how do they impact Texans who are investigated, arrested, charged, tried, or convicted in a Texas courtroom through the efforts of a Texas prosecutor?  Are Texas citizens helped here?

1.  The Amendment to Texas Gov’t Code 81.072

This section of the codified Texas statutes deals with time periods within which cases can be filed — “limitations” are placed into law here as time deadlines and they are commonly known as “statutes of limitations.”  The new law amends an existing statute of limitations to provide for prosecutorial misconduct (something that Texas has in arguably epidemic proportions).

Now, assuming that Governor Perry okays SB 825, the time deadline clock starts to run when the wrongfully convicted person is released from incarceration and there is a four (4) year time deadline within which to file a lawsuit based upon a district attorney withholding or suppressing evidence in that wronged person’s case.

From the language of SB825 itself:

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.072, Government Code, is amended by amending Subsection (b) and adding Subsections (b-1) and (b-2) to read as follows:

(b) The supreme court shall establish minimum standards and procedures for the attorney disciplinary and disability system. …

(b-1) In establishing minimum standards and procedures for the attorney disciplinary and disability system under Subsection (b), the supreme court must ensure that the statute of limitations applicable to a grievance filed against a prosecutor that alleges a violation of the disclosure rule does not begin to run until the date on which a wrongfully imprisoned person is released from a penal institution.
(b-2) For purposes of Subsection (b-1):
(1) “Disclosure rule” means the disciplinary rule that requires a prosecutor to disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, including Rule 3.09(d), Texas Disciplinary Rules of Professional Conduct.
(2) “Penal institution” has the meaning assigned by Article 62.001, Code of Criminal Procedure.
(3) “Wrongfully imprisoned person” has the meaning assigned by Section 501.101.

This new bill when it becomes law essentially changes the law’s starting point:  before, the limitation’s clock began at the time that the evildoing happened (when the prosecutor did his or her bad acts).  For those who have been victims of prosecutorial misconduct, this gives them a clear and open field to investigate and pursue complaints to the folks that police law licenses in the State of Texas about bad prosecutors who have done bad things with evidence in criminal trials.  (Unlike now, where Ken Anderson is arguing a limitations defense in the Michael Morton prosecutorial misconduct case.)

This helps Texas citizens who have been wrongfully convicted to seek justice against district attorneys who, for whatever misguided reason, held back or suppressed or failed to share evidence at the criminal trial which would have helped the defense.  It does so by giving them four years to take action after they’ve been released from jail and that is a good thing.

2.  Michael Morton Act

It’s not clear how much the new Michael Morton Act, passed as SB 1611, will help Texans in the future when they have fallen victim to a bad prosecutor.  Of course, many are thrilled to see this law come into being and it’s being touted as an excellent action for the Texas Legislature to have taken. Others aren’t so sure what we’ll be dealing with once all that confetti gets swept off the streets.

The Michael Morton Act is designed to deal with prosecutorial misconduct and it is named after wrongfully convicted Texan Michael Morton (read more about his story here).  It does so, explains State Senator Rodney Ellis, by “… ensuring that all relevant evidence that speaks to a defendant’s innocence or guilt is revealed.  It creates a uniform, statutory “open file” criminal discovery policy for the State of Texas.”

You can read the Michael Morton Act in its entirety online here.

Here’s the thing:  read the language of this new law closely and you will not find any tools to deal with evildoing district attorneys, or “rogue prosecutors” as they are often called.

It is the intentional decision to hold back evidence that is at the heart of the Michael Morton case, and in this law named after that victim of prosecutorial misconduct there is no firm hand taken in how exactly to stop and to deal with district attorneys who decide for themselves that certain pieces of evidences should never make it into the discovery process and thereby into the hands of competent criminal defense counsel.

Would Ken Anderson, now found in contempt of court and appealing that ruling on limitations grounds, have been stopped by this new law?  That’s a good question.

April 10th, 2013

Report on Crime Lab Evidence Released: DPS Lab Tech Jonathan Salvador May Have Sent 1000s to Texas Prisons in Wrongful Convictions – and the CCA is Reversing The Convictions

Juries are known by criminal defense lawyers and prosecutors alike to consider forensic evidence as being irrefutable and some of the most respected evidence in a criminal trial.

Juries like lab stuff: it’s known as the “CSI effect” by some roaming around the courthouse, and it has nothing to do with the realities of what scientific evidence really provides.  Maybe with the latest revelations by the Texas Rangers and the Texas Forensic Science Commission, public perception will change.

And if it does, then history may reward one single individual with credit for reversing the respect and reliance placed upon lab results in Texas Courtrooms.  That man’s name is Jonathan Salvador,  formerly employed as a DPS-Houston crime lab worker.

Texas Forensic Commission Report Released

Last week, the Texas Forensic Science Commission officially adopted a report compiled by TFSC and based in part upon similar investigations by both the Texas Rangers and the Office of the Inspector General.  The report investigates crime lab results used as evidence is lots and lots of criminal trials.  It’s big news:  the official report determines that Jonathan Salvador’s failures as a crime lab technician puts literally 1000s of convictions into question.

Thousands.

That’s right.  The official report finds that there are 1000s of men setting behind bars today who didn’t get a fair trial.  Why not?  They were convicted on crime lab evidence that came from Mr. Salvador’s work.

Crime Lab Results Only As Good as the Lab Tech – Bad, Bad Jonathan Salvador

What’s with Salvador’s lab results?  Seems that the DPS Houston office had this guy doing work in their Department of Public Safety Crime Lab:  he worked there for a long time and performed lots and lots of lab work destined for criminal trials.

By the time that Mr. Salvador was suspended from his job as a DPS forensic scientist in February 2012, he had worked on 4900 different drug cases in 30 different Texas counties.

Jonathan Salvador lost his job when it was discovered that he replaced the results of one test with another, unrelated lab test. That brings many to the question of what to do with those other 4899 cases that Salvador worked:  what to do about them?  Should any of them be trusted?  Aren’t they all scientifically compromised?

Think about it.  That’s a lot of lab tests before Salvador’s faking lab results in a controlled substance drug test was discovered.  (Note:  A Houston Grand Jury considered Salvador’s actions but didn’t indict him for any criminal charges.)

How could this happen?  That’s not clear.  The Report includes interviews with Salvador’s former lab buddies and these DPS lab employees reported that Mr. Salvador ”… struggled with corrections and an overall understanding of the chemistry, especially in difficult cases.”

Court of Criminal Appeals Will Rule in Favor of Defendants in These Tainted Convictions

According to a representative of the Innocence Project of Texas in reporting to the TFSC, the answer to this problem regarding appeals of the other cases where Salvador was involved is to have the Court of Criminal Appeals apply its same opinion to every case that comes before it that involves Jonathan Salvador lab evidence.

The High Court is taking the practical approach of ruling in favor of these defendants as they bring their cases before the CCA.

Ten convictions have already been reversed by the Texas Court of Criminal Appeals because of crime lab results involving the now infamous DPS Houston crime lab worker, Jonathan Salvador.

As the Court of Criminal Appeals explained in its March 6, 2013, per curiam opinion in Ex Parte Junius Sereal (read the opinion here):

The DPS report shows that the lab technician who was solely responsible for testing the evidence in this case is the scientist found to have committed misconduct. While there is evidence remaining that is available to retest in this case, that evidence was in the custody of the lab technician in question. This Court believes his actions are not reliable therefore custody was compromised, resulting in a due process violation. Applicant is therefore entitled to relief.

March 6th, 2013

Texas Weapons Charges: ATF Stings Result in All Kinds of Firearms Convictions – Straw Buys, Gun Dealers, Conspiracies to Move Weapons Across State Lines and National Borders

Weapons charges face a lot of defendants here in Texas; sometimes they are tied to other charges (drug arrests, for example) but many federal cases are filed based solely on alleged violations of federal gun laws.  Recent reports from the Texas’ offices of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Justice Department include the following:

1.  ATF Sting Results in Two Mexican Nationals Sentenced to Federal Prison for Moving 652 Assault Rifle Magazines Across Texas-Mexico Border, Driving  Truck Over Laredo Bridge

On February 25, 2013, two men from Mexico (Julio Cesar Flores-Martinez, 47, and Francisco Padilla–Perez, 41) were sentenced to federal prison on federal weapon charge violations based upon their participation in moving (smuggling) 652 assault rifle magazines into Mexico. (See the public domain image to the left for an example of an assault rifle magazine.)

While the two men live with their families in Nuevo Laredo and were sentenced in an American court, they may still face Mexico allegations once they have completed the sentence that Judge Keith Ellison ordered last week: Flores–Martinez sentenced to serve 46 months federal incarceration with Padilla–Perez, 50 months.

Weapons charges were filed against these two defendants back in April 2012 as the result of a joint undercover sting run by the Department of Homeland Security and the ATF. The federal agents pretended to be gun dealers interested in selling assault rifle magazines. Padilla-Perez ordered 650 high–capacity AK–47 magazines explaining he would move them into Mexico with Flores-Martinez as the Mexican truck driver who would be responsible for taking the merchandise over the Texas border into Mexico.

2.  Straw Man Buys Three Guns for Someone Else – ATF Charges Result in Three Concurrent 51 Month Prison Terms

Last week, another ATF investigation resulted in the sentencing of significant time in a federal prison based on weapons charges. Down in Laredo, Silverio Venegas Jr., 37, was sentenced to serve three concurrent 51 month sentences in a federal prison after ATF agents showed that Venegas had bought three weapons — an AK–47 rifle, an AR–15 rifle and an AR-15 pistol — from a Laredo gun store using an old physical address, not his current home address, which alone is a violation of federal law (making false statements on federal firearms form 4473). Venegas told ATF agents that he was acting as a straw man for a man from Mexico who had paid Mr. Venegas to go to the gun store and buy the three weapons in three separate trips.

Mexican authorities later confirmed that these same guns were found at Mexican crime scenes where Mexican soldiers were involved in shoot outs with gunmen using these firearms. One soldier died; many on both sides were injured.

3.  Mastermind of Straw Buys of Guns in Texas Found Guilty of Weapons Charges After Guns Pop Up From New Jersey to Virgin Islands in ATF Investigation

On February 19, 2013, a federal jury in Houston came back with a guilty verdict against Tyrone Reid, 22, finding the defendant guilty of a conspiracy that had lots of co–defendants in the conspiracy who worked together to buy firearms from federal firearms dealers with false information, as straw men.  Mr. Reid was found guilty of talking other people into participating in straw buys where they would go to the firearms dealer and claim to be the actual buyer of the firearms.  Reid gave them the money to buy the weapons; after they left the dealer’s shop, Reid took the guns.  Evidence showed that Reid spent over $60,000 in straw buys of over 30 guns here in Texas.

Federal authorities testified that these weapons were later found at crime scenes in New Jersey and the U.S. Virgin Islands.  Sentencing has been set for a May 14, 2013, hearing before U.S. District Judge David Hittner.

4.  Dallas ATF Investigation Results in 68 Year Old Gun Dealer Facing Federal Prison Time for Selling Guns Without Asking for Enough Information

Earlier last month, here in Dallas, another federal jury came back with a guilty verdict in a weapons case.  Jackie Don Burke, 68, was found guilty of engaging in the business of firearms without a license after an ATF investigation showed Mr. Burke ran a print screening business over in Garland and had bought and sold used firearms at his shop.  Burke did display a sign at the shop that stated he was also in the business of selling guns.

The ATF agents testified that Burke then sold over 135 firearms from his print shop in around a year’s time (14 months).  One ATF agent bought a pistol from Burke at his print shop and took the stand to tell the jury that Burke did not ask questions to confirm that the agent could legally buy a gun. After showing a Texas Driver’s License to Burke, the agent was able to purchase the firearm.

At the age of 68, Mr. Burke will be sentenced on May 24, 2013, in a hearing before U.S. District Judge Barbara M.G. Lynn and he faces being fined up to $250,000 and incarceration of up to 5 years.  He may also have to forfeit over 40 weapons still in his possession.

Federal agencies are investing significant time and money investigating weapons here in Texas.  If you or a loved one is involved in the purchase or sale of guns or gun products (bullets, magazines, etc.) then be aware of this federal focus and federal regulations that apply to guns and firearms.  All these examples are of people facing prison time after an undercover federal agent entered their lives.

February 27th, 2013

Money Laundering and the Black Market Peso Exchange: Big Target for Federal Agency Investigations

For many profit-making enterprises that operate outside the law, business revenues and profits mean lots of cash that needs to be moved from stacks on a table or in a safe (or set of safes) into places where it can be used to buy things without raising eyebrows or the suspicions of law enforcement.  This is what “money laundering” is all about, and it’s been going on for many years.

The Black Market Peso Exchange – Popular Way to Launder Money

There are as many ways to launder money as there are ways to make a sandwich, and some of the best are known by nicknames: for instance, the Black Market Peso Exchange.  Remember the movie “Blow” starring Johnny Depp, based upon the true story of cocaine trafficker Charles Jung?  The Black Market Peso exchange was one of Jung’s primary ways of laundering all the cash that came from business drug sales for the Medellin cartel.

Black Market Currencies – Selling Money on the Black Market

Currency can be a product on the black market for a number of reasons, for example in countries where laws are passed to prevent people from holding any currency other than that country’s own dollar or peso or franc, those who work to get foreign currencies in spite of the law will do so via the black market.  (Two recent examples: black markets for currencies in Egypt and Argentina.) So, having money trading on the black market as a product alone isn’t a new twist.

The money laundering twist of the Black Market Peso Exchange works like this:  in order to take large amounts of dollars in drug sales revenue and convert them into safe avenues for buying things, the dollars are sold to brokers who export American goods overseas.  These brokers deposit the dollars they’ve purchased into financial accounts and then these brokers sell the dollars to foreign businesses who need U.S. Dollars to buy American goods for export, and these businesses buy those dollars using pesos.  Now, the broker has exchanged pesos for dollars, and the drug revenue money has been “laundered.”

December 2012: Biggest Bank in Europe Pays Billions in Money Laundering / Black Market Peso Exchange Settlement with Justice Department

According to the U.S. Department of Treasury, the Black Market Peso Exchange has proved to be very successful and in earlier years, BMPE was considered “…perhaps the single largest avenue for the laundering of the wholesale proceeds of narcotics trafficking in the United States.”

Which makes BMPE a big target for federal investigations, like the big investigation into HSBC, the biggest bank in Europe.  In December 2012, the United States Attorney’s Office in Brooklyn, New York,, announced that HSBC had reached a settlement with the federal government over allegations that it had participated in a BMPE where the Sinaloa Cartel of Mexico and the Norte del Valle Cartel of Columbia laundered over $881,000,000 during a four year time period (2006 – 2010).

This was a big deal.  HSBC agreed to pay $1.9+ billion in a deferred prosecution agreement to settle probes of money laundering and to pay $665,000,000 in civil penalties.  HSBC also make the record books for agreeing to the biggest forfeiture by a bank in U.S. history ($1.25 billion).

February 2013: U.S. Attorney Announces Texas Black Market Peso Exchange Plea Deal

As further confirmation that federal investigators are working hard to find and arrest people for laundering money in peso exchanges, this week the United States Attorney of the Southern District of Texas, Kenneth Magidson, announced that that a plea deal had been reached with Enrique Morales, one of the four defendants indicted by a Houston Grand Jury with a BMPE money laundering operation that moved over $20,000,000 from Texas to Mexico.

Morales pled guilty to federal charges of (1) conspiracy to commit money laundering and (2) conspiracy to operate an unlicensed money transmitting business.  According to the federal prosecutors, Mr. Morales was considered to be the mastermind of this Black Market Peso Exchange operation.

How did Morales’ BMPE Work?

Their BMPE involved putting U.S. dollars, revenue from drug sales into bank accounts held in the name of shell companies.  The four co-defendants were named on corporate documents as owning and operating these shell companies.  The shell accounts were then used to move the money from the company accounts into other bank accounts both in the United States and in Mexico.  The accounts that received the deposits from these shell companies then moved money into the shell companies’ bank accounts in the form of pesos.  Those accounts were held by the clients of the co-defendant brokers.

Sentencing of Morales and his co-defendants (who have already entered into plea deals) is scheduled for May 2013. Morales can be sentenced to up to 20 years incarceration in a federal prison along with a $500,000 fine or twice the value of the property involved in the offense, whichever is greater, on the money laundering charge as well as up to five years in federal prison and a fine of $250,000 for conspiracy to operate an unlicensed money transmitting business.

What Will The Sentence Be?  It’s Too Soon to Tell.

Of course, whether or not these defendants will face the maximum sentence will not depend upon the United States Attorney but instead upon the federal judge presiding over the sentencing hearing.  Criminal defense attorneys recognize federal sentencing to be a major courtroom battle, especially in press-covered cases like this one.  However, what Mr. Morales receives in years behind bars and monetary fines cannot be assumed.

For example, the federal judge agreed with my arguments in a structured money laundering case back in 2006, and while the Pre-Sentence Report called for a 46-57 month sentence, my client only received 15 months in a sentence rendered by Dallas Federal Judge David Godbey.

February 13th, 2013

Dallas is a Marijuana Marketplace: Another Federal Marijuana Trafficking Bust as US Attorney John Bales Announces $1.7 Cash Seized, 17 People Arrested

This week, the U.S. Attorney for the Eastern District of Texas John M. Bales announced to the media that federal authorities have taken possession of almost two million dollars in cash ($1.7 million) as well as arresting seventeen (17) people in a big sting operation operated by the Texas Department of Public Safety (leading agency) and the Wylie Police Department, the Collin County Sheriff’s Office, the Dallas County Sheriff’s Office, and the Dallas County District Attorney’s Office.  The Bureau of Alcohol, Tobacco, Firearms, and Explosives also helped out.

This announcement is on the heels of U.S. Attorney John Bales announcement that his office had overseen the indictment of 11 people in Cherokee County for meth trafficking. That was a big bust over in the Tyler, Texas area where another federal/state/local tag team of law enforcement agencies worked together to bust a bunch of people on drug charges after taking their investigation to the local grand jury which then issued the indictments.

Targeting drug traffickers isn’t news: drug trafficking has been the focus of law enforcement (state and federal) for awhile now.  In fact, Mexico has been involved in these trafficking investigations, too, having announced awhile back that they would be going after drug trafficking operations instead of focusing on drug cartels.  What’s Mexico got to do with it?  Well, Mexico product is a big part of the marijuana market here in Texas and around the country.  Mexico marijuana operations aren’t just in Mexico: Mexican marijuana growers have found it to be very profitable to grow their product here in the United States (e.g., big national parks, like those in California) and then move that product to distribution centers around the country without bothering with international border check points.

It’s not known where the Marijuana in the Rodgers bust was grown.  It is clear that this was a long-standing marijuana distribution and sales operation that was doing well (it was a profitable and apparently stable business until the bust).

Rufus Delane Rodgers and the Horse Trailer Filled With Secrets.

In the marijuana bust, the sting operation had been going on for almost 3  years and the Feds had given it a nickname, the “Rufus Rodgers Marijuana Group.”   Who was Rufus?  Apparently, one of the accused is a man named Rufus Delane Rodgers who is now being considered as the mastermind of this marijuana marketing operation.

Seems that Rufus Rodgers allegedly had built up a trade route between Phoenix and Tucson to Dallas and Fort Worth.  Rufus’ creative thinking, according to the indictment, was to move or transport a huge amount of product (1000s of pounds, it’s reported) over Arizona and Texas roads by using a horse trailer that had a special design: secret compartments in which to place the marijuana that could hold up over 1000 lbs per trip.  (By the way, Rufus’ marijuana was supposed to be top quality: in the words of the authorities, it was “high grade.”)  They’d also have horses in the trailer, with feed and such.

Rufus Rodgers and his gang (or employees, depending upon your perspective here) moved lots of marijuana from Arizona to Texas to sell and then allegedly used the same horse trailer to bring back the revenue from Texas to Arizona.  Of course, this being a drug operation, the revenue would be in cash.  This being a business, the indictment does recognize that some of the revenue went back into the business to buy more product for future sales.

Caught by the Wylie Snitch

Mr. Rodgers’ operation apparently cruised along the roads of Arizona and Texas without a problem until someone in Wylie, Texas, snitched to the local police.   Ultimately, this led to this month’s big bust where Mr. Rodgers’ horse trailer was searched and around $700,000 cash was found in the trailer’s secret cubby holes along with some ledgers.  Guns were taken, too.  Search warrants served on a Dallas County storage unit lead to the authorities taking away more guns and $900,000.00 in cash which had been safeguarded in five different safes.

Charges of Conspiracy to Possess With Intent to Distribute Marijuana, Possessing a Firearm in Furtherance of Drug Trafficking

Now, the Rodgers folk (“conspirators”)  have been indicted on charges of conspiracy to possess with intent to distribute marijuana. Mr. Rodgers and Joe Dell Sterling face additional charges because of the guns: weapons charges of possessing a firearm in furtherance of a drug trafficking crime.

All but one man has pled guilty.

What Happened to All That Cash?

As for all the money that was discovered in those searches, U.S. Attorney Bales announced that this is how it’s being split up:

  • Texas Department of Public Safety              $1,119,360.20            (65%)
  • Asset Forfeiture Fund                                        $ 344,416.00              (20%)
  • Wylie Police Department                                   $ 86,104.63                 (5%)
  • Dallas County Sheriff’s Office                            $ 86,104.63                 (5%)
  • Collin County Sheriff’s Office                            $ 68,883.70                 (4%)
  • Dallas County District Attorney’s Office      $ 17,220.93                (1%)
February 6th, 2013

FBI Bust $200+ Million Credit Card Fraud Ring: Charging Identity Theft and Fake Accounts, Phony Companies Used by International Organization of Companies and Individuals

Credit Card Fraud is a common crime in federal courts here in Dallas and Texas (and across the country), and most of these federal fraud charges come with sizable amounts in controversy.   Texas fraud defense attorneys are used to defending people facing fraud charges with large amounts of money ribboning through complex scenarios.

However, yesterday’s news from the Federal Bureau of Investigation threw a shadow on some of the biggest fraud cases that the Lone Star State has seen, as the FBI arrested over a dozen people in 4 different states on a massive, global credit card fraud operation in what the federal agency calls a “sprawling criminal enterprise.”

It’s been considered one of the largest, if not the largest, credit card fraud case ever prosecuted by the Department of Justice, according to U.S. Attorney Paul Fishman.

Yesterday’s Bust of $200 Million Credit Card Fraud Scheme Heralded as One of the Largest Fraud Charges Ever Made by Justice Department

As of this morning, 18 people have been arrested in this sting operation, where the FBI charges that literally thousands of fake identities were created in a plan that successfully grabbed $200 million through credit buys using credit cards established in these fake identities.  It’s the stuff of a Matt Damon movie.

First, the defendants are alleged to have made up all these fake identities (identity fraud).  Then they got credit cards based on these fake identities (credit card fraud).  Then they went further:  they took to the credit reporting agencies and messed with things so their Fake People could get higher credit scores, which would allow the Fake People to get more credit and buy more and bigger things.  Part of this strategy included creating Fake Companies to support the Fake People getting higher credit scores and bigger credit lines.

Which apparently happened quite a lot as the Fake People bought Big Things and borrowed Big Loans (bank fraud)and never paid back the account balances.  To the total, according to the FBI number crunchers, of $200,000,000.00.  Somewhere in all this, the mail was used of course – so tag some mail fraud and wire fraud charges in here, too as the conspirators allegedly wired millions of dollars to over 28 states (including Texas) and 8 countries around the world (the complaint lists Canada, China, India, Japan, Pakistan, Romania, the United Arab Emirates, and the United States)(see footnote 1 on page 2 of the Complaint).

The Federal Bureau of Investigation’s Official Explanation of What Was Going On Here:  The Very Big, Bad Fraud

They’re being charged and prosecuted out of the United States District Court in Newark, New Jersey.  Here’s the FBI’s official description of what has happened here:

The defendants and their conspirators stole hundreds of millions of dollars through a scheme repeated thousands of times to create more than 7,000 false identities and fraudulently obtain tens of thousands of credit cards (the “fraud cards”). The scheme involved a three-step process in which the defendants would:

  • “Make up” a false identity by creating fraudulent identification documents and a fraudulent credit profile with the major credit bureaus.
  • “Pump up” the credit of the false identity by providing false information about that identity’s creditworthiness to the credit bureaus. Believing the furnished information to be accurate, the credit bureaus would incorporate this material into the false identity’s credit report, making it appear that the false identity had excellent credit.
  • “Run up” large loans using the false identity. The higher the fraudulent credit score, the larger the loans that the defendants could obtain. These loans were never repaid, and the defendants reaped the profits.

The Sham Companies

The enormous size and scope of the Criminal Fraud Enterprise required the defendants and others to construct an elaborate network of false identities. Across the country, the defendants and their co-conspirators maintained more than 1,800 “drop addresses,” including houses, apartments, and post office boxes, which they used as the mailing addresses of the false identities.

They created dozens of sham companies that did little or no legitimate business, obtained credit card terminals for the companies, and then ran up charges on the fraud cards. To accept payments in the form of credit cards, a business must establish a merchant account with an entity known as a merchant processor. The merchant processor provides the business with equipment to process credit cards, receives payments from credit card companies for credit cards run at the business, and deposits those payments, minus a fee, into the business’ bank account. When the merchant processors shut down accounts operated by the conspirators for fraud, they would apply for new terminals and create new companies.

The sham companies also served as “furnishers,” providing the credit bureaus with false information about the credit history of numerous false identities of people who purportedly worked at or owned the sham companies.

Tradelines

The defendants used sophisticated methods—including a network of black-market businesses called “tradelines” providers—to commit fraud.

Tradelines come in two varieties: primary tradelines and authorized user tradelines. Primary tradelines are lines of credit in a credit history. If a credit card user has primary tradelines in good standing, it can have a significant impact on the user’s credit score, enabling the user to borrow more from credit card issuers. The defendants, however, trafficked in fraudulent primary tradelines.

A second kind of tradeline is the “authorized user” tradeline, where a credit card holder adds another, so-called “authorized user,” to a credit card account. This raises the credit score of the authorized user, who inherits some of the primary user’s credit history.

Some defendants created and sold fake lines of credit for false identities made up by other defendants. These fraudulent primary tradelines were then used to increase the credit limits on fraud cards, so that the defendants could reap even larger profits. Defendants used the authorized user tradelines to create new identities.

Complicit Businesses

The defendats also relied upon complicit businesses, including several jewelry stores in the Jersey City, New Jersey area to extract money from the fraud cards. The complicit businesses would allow the defendants to conduct sham transactions on the fraud cards and would then receive the proceeds from the credit card companies and split them with the other conspirators. These complicit businesses maintained multiple credit card merchant processing accounts at the same time. By operating dozens of accounts, these businesses furthered the conspiracy by allowing more fraudulent transactions to be processed before the merchant processors shut down the account. The proceeds from these merchant terminals were deposited into various business checking accounts, and the money was paid out to the owners of the complicit businesses, along with other defendants and conspirators.

Lavish Spending

The conspiracy generated enormous profits for the defendants—even though they spent millions of dollars sustaining the elaborate network of drop addresses and running credit reports on the thousands of false identities. Records of the New York and New Jersey Departments of Labor reveal that many of the defendants have no reported legitimate employment in the last five years. Nonetheless, the defendants used the proceeds of the criminal enterprise to buy luxury automobiles, electronics, spa treatments, expensive clothing, and millions of dollars in gold. They also stockpiled large sums of cash. Law enforcement discovered approximately $70,000 in cash in the oven of one defendant.

The defendants also moved millions of dollars through accounts under their control and wired millions of dollars overseas. An analysis of 169 bank accounts of the defendants, sham companies, and complicit businesses has identified $60 million dollars in proceeds that flowed through the accounts, much of it withdrawn in cash. The conspirators wired millions of dollars to Pakistan, India, the United Arab Emirates, Canada, Romania, China, and Japan. Due to the massive scope of the conspiracy, which involved over 25,000 fraudulent credit cards, loss calculations are ongoing. Final figures may grow beyond the present confirmed losses of more than $200 million.

The charge and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

January 23rd, 2013

Mexican Shooter Arrested for Planning to Kill Hidalgo Sheriff Lupe Trevino Claims Involvement in Fast And Furious Scandal as Killer of Border Patrol Agent Brian Terry in December 2010

It looked like the dust was settling on all the news coverage of Hidalgo County Sheriff Lupe Trevino having to watch his son, Mission police officer Jonathan Treviño, 28, being arrested along with several other members of local law enforcement by the Federal Bureau of Investigation (FBI) for escorting drug cartel transports along Texas roadways as paid protection (read our earlier post for details).

Coming on the heels of media coverage of his re-election in November, perhaps Hidalgo Sheriff Trevino looked forward to be less of a media star in the coming months.

No such luck.  Because now, within days of the buzz surrounding the federal agents busting those four law enforcement officers for taking thousands of dollars in exchange for helping vehicles filled with drugs move safely through Texas, Hidalgo County Sheriff Lupe Trevino is once again making the national news.  And this time, he’s sharing the spotlight with United States Attorney General Eric Holder and the DOJ’s Operation Fast and Furious Scandal.

Gustavo Cruz-Lozano Confesses to Killing Border Agent Terry on Mexican News Program

In an exclusive interview on the Univision News’  show “Primer Impacto,” a man named Gustavo Cruz-Lozano gave the reporter quite an exclusive when he announced on air that he, Mr. Cruz-Lozano, had killed U.S. Border Patrol Agent Brian Terry on December 14, 2010, as Terry was on duty, patrolling the Arizona border with Mexico.

Most will recognize the Brian Terry killing for its continued connection with the “Fast and Furious” scandal. What’s that?  In essence, Operation Fast and Furious was a federal sting operation that was intended to track firearms going into Mexico from the United States by letting weapons be sold to straw purchasers with the knowledge that the guns would end up with other people which the sting hoped would be drug cartel members.  Through the identification and tracking of these Fast and Furious weapons, they hoped to track the cartel membership and operations and ultimately to arrest cartel leaders.

However, Operation Fast and Furious failed miserably and became the subject of Congressional investigation.  Attorney General Eric Holder as a target of these investigations was held in contempt by the House of Representatives. And Arizona Border Patrol Agent Brian Terry became part of the Fast and Furious story after he was killed by one of the guns initially sold in the sting operation.

Sheriff Trevino Connects to Fast and Furious Through Gustavo Cruz-Lozano

How does Sheriff Lupe Trevino become connected to the Brian Terry shooting and the Fast and Furious scandal?  Well, the man that is taking credit now for killing Border Patrol Agent Terry is the same man who turned himself in this month for threatening to kill Hidalgo County Sheriff Lupe Treviño.

That’s right: this one man, a citizen of Mexico, is telling authorities that he shot down the federal border patrol agent and was planning on assassinating Sheriff Trevino, too.

Down in Hidalgo County, they’ve been looking for Gustavo Cruz-Lozano as one of the men involved in making death threats against Sheriff Trevino since back in October 2012. Apparently, Cruz-Lozano had been identified as the man who had called the Sheriff’s office to threaten his life back in July 2012.

The Federal Bureau of Investigation, meanwhile, isn’t taking Gustavo Cruz-Lozano at his word: there are media reports that the FBI is skeptical that this man was involved in the death of Border Patrol Agent Terry.

In fact, media reports are that Gustavo Cruz-Lozano has recanted his earlier admission about being involved in Fast and Furious, according to the FBI spokesperson.  The FBI is reporting that Cruz Lozano has taken back his story about shooting Officer Terry, claiming that Cruz-Lozano told the story in order to get attention for himself.

Looks like Cruz Lozano was pretty successful there, right?  Interestingly, when Cruz Lozano turned himself in to Texas officials earlier this month, after the TV interview, for planning to kill Sheriff Trevino, he was suffering from at least one stab wound to the neck.

Image above:  House of Representatives Infographic of the Victims of Operation Fast and Furious.

Click here for more information.

December 12th, 2012

No One Wants to be a Prison Guard in Texas: Lack of Guards Means Moving Inmates and There’s Talk of Closing Down Some Texas Prisons – But That’s For a Different Reason

No matter what the state of the economy may be, doesn’t look like there are many people out there who are willing to take jobs as guards in Texas jails and prisons these days. No surprise, given what those jobs entail (read more about the heat, and the pay, and more here.)

However, things are getting more serious in the State of Texas as this shortage of guards means that facilities aren’t functioning at even minimum levels of acceptability – and the Powers that Be are now in the process of moving prisoners in guard-strapped prisons elsewhere.

Guard Shortages Mean Texas Prison Officials Are Moving Hundreds of Inmates to Other Jail Facilities Around the State

This month, prison officials are moving hundreds of people out of the Smith Unit in Lamesa, Texas, and the Ware Unit in Colorado City. Both facilities are located up in the hot, dry Texas panhandle and each of them has been operating with 50% guards needed (on a guard to inmate ratio).  Seems that they cannot find people willing to take jobs at these two prisons at the annual starting pay of $28,000 even with a standing offer of a $3000 sign-on bonus.

How many inmates are getting moved?

Smith Unit is relocating 200 men and Colorado City is moving out 400 inmates.  It’s not the first time that relocation has been done in a Texas prison because of the inability to find guards for the facility:  earlier this year, down in Kenedy, Texas, the Connally Unit relocated 696 inmates because of a guard shortage.

Closing Texas Jails: But Motivation Not For Prison Safety – It’s All About Location, Location, Location

Now, we learn that prison administrators are considering closing down Texas jails in their entirety in order to tighten the budgetary belt.  For those in Dallas, this may be big news because one of the facilities that is being discussed right now is closing the Dawson State Jail here in Dallas as well as the Mineral Wells Transfer Facility.  Seems their problem isn’t not enough guards, but not enough inmates.

Both of these are private jails, operated by the Corrections Corporation of America, and it’s not the first time that there’s been talk about shutting down the Dawson State Jail.  However, that wasn’t because of any jail budgetary considerations: back in 2008, the chatter was all about the primo location spot that Dawson State Jail offered to land developers.   There’s still lots of drooling down at City Hall and other places over what could be done on that Dawson State Jail tract.

Will Dallas see the Dawson State Jail and the Mineral Wells Facility shut down?

Maybe so: the union that represents Texas jail employees (like the prison guards) is all for it. And, there’s precedent:  just last year, Sugarland’s Central Unit was shut down despite operating since 1909 and having made a name for itself in the annals of Texas History as the jail sung about in the popular song “Midnight Special.”

Why was the Sugarland facility shut down?  Not enough guards? Nope.  Because the land was more valuable to be developed into other things. Which means that Dawson State Jail’s days are probably numbered given it’s primo location there on the Trinity River.

October 31st, 2012

Texas Police Drones and Spy Planes: Texas Already Has Law Enforcement Surveillance In the Sky Includes Weapons and Thermal Imaging

The latest news on Texas skies having eyes watching all of us (giving a whole new meaning to the Eyes Of Texas, doesn’t it?) is that the State of Texas has bought a new, fancy Pilatus PC-12 NG Spectre for $7.4 million.  It’s a plane; a very special plane … especially when you consider that the manufacturer’s web site puts the starting price at “around $650,000 USD.”

Texas Buys Spy Plane with Millions in Customized Gizmos

The Pilatus PC-12 NG Spectre Multi-Mission Aircraft will come to Texas in a few months; right now, it’s being modified over at the manufacturing plant in Switzerland with surveillance gizmos that are akin to the stuff that the U.S. Military drones use in the battlefield in their pilot-free drones that snoop over enemy territory.  The Swiss are installing things like $1 million worth of surveillance cameras that can not only take high resolution images but can provide law enforcement with thermal imaging, too.

This isn’t a big plane, however.  It’s a single engine aircraft (customized down from the standard twin-engine turboprop); the plane will come with four sets of night vision googles too.

The Texas Department of Public Safety is telling the media that Texas needs this Spy Plane for use along the Texas-Mexico border. However, in his statement there is no guarantee that this will be it’s only use (or that South Texas will be its only coverage area).

Drones Already in North Texas

Here in the Dallas area, that Spy Plane roaming down near the Rio Grande is disturbing but it’s not that close to our neck of the woods.  However, that doesn’t mean our skies aren’t watching us.

Already, North Texas police departments are checking into using drones in their law enforcement efforts.  Dallas County, Montgomery County, and others were looking into buying drones (insect-looking machines fitted with cameras that fly in the air) like the Condor Aerial Drone for over a year now (Montgomery bought one in 2011). The Condor Drone, according to its manufacturers, can read your car’s license plate from its place in the sky a half mile away from you.  And it has thermal imaging, too.

In the sky, one-half mile away, and it’s reading your plates.  Think about that.

And consider the question raised by Matt Simpson of the Austin office of the American Civil Liberties Union:  even if you aren’t concerned about a police drone reading your car license plate, what do you think happens to that information?  Is it shared with others?

This information could easily be organized and stored so that every citizen’s behavior patterns were known – where they go, when they go, how long they stay.  Think of the implications here.  Divorce cases.  Stores wanting to know when you shop.  Child predators.

This is a serious invasion of our privacy rights and it’s happening while we’re setting here.


October 24th, 2012

Dallas Police Chief David Brown Firing Police Officers – Terminations of Veteran Cops Continues in Dallas

Dallas Police Chief David Brown will fire police officers – he’s made news in the past when he sacked Dallas Police Officer Eric Watts back in July 2012 after an internal affairs investigation demonstrated to Chief Brown that the six year veteran had put false information on a police report which formed part of the felony charges against a citizen that were dropped after the dashcam failed to jive with the written incident report filed by Watts.

Police Chief Brown Expected to Fire Two More Veteran Dallas Cops Soon

  • Dallas Police Officer Andrew Maldonado – DWI Charges

This week, news is that two more police officers employed by the Dallas Police Department may be getting their walking papers from Dallas Police Chief Brown.  In the case of Dallas Police Officer Andrew Maldonado, who has been on the job for five years, he may get terminated by Chief Brown (Brown will make the final call soon, Maldonado has already been recommended for termination by DPD investigators).

In Officer Maldonado’s case, he was arrested on a DWI (driving while intoxicated) back in January after he crashed his vehicle into a light pole shortly before dawn over on West Lovers Lane.  Reports from the scene of his arrest show that Maldonado smelled like booze and he lost his balance 8 times in a field sobriety test.  His BAC tested at twice the legal limit, coming in at .18.

The criminal case (a misdemeanor) against Andrew Maldonado is still pending.

  • Dallas Police Officer Victor Esparza – Domestic Violence Charges

Meanwhile, Chief Brown faces another termination decision which some may consider even more serious: Dallas Police Officer Victor Esparza is set for a disciplinary hearing before his boss, and it’s expected to result in Esparza being canned. Why? Victor Esparza, a Dallas Police Officer for over three years, is already on 2 years criminal probation for misdemeanor charges of child endangerment, having originally faced a felony count of endangering a child (his toddler son) and a misdemeanor assault charge for allegedly assaulting his girlfriend at the time.  Esparza was arrested in July 2011 for domestic violence charges:  family violence assault and family violence endangering a child (felony).

Police incident reports from July 2011 have Esparza drunk at his Garland home; the couple quarreled and the girlfriend took their son and left. She told police that Esparza followed her in his car to her apartment, grabbed the one year boy in his car seat from her and put the baby into his vehicle, despite the mother’s protests and her attempts to get the child out of Esparza’s vehicle. She fought to get the baby, did so, and then while trying to take the baby into the apartment, there was a scuffle which ended up with the girlfriend falling on concrete steps and the baby (still in the car seat) falling on top of her. Baby was fine, girlfriend was hurt.

Last month, the felony charge was dropped to a misdemeanor and Esparza is now on probation.