Federal Authorities Shut Down Mexican Drug Tunnel

On Wednesday, February 13, 2013, federal authorities shut down a just-completed, cross-border drug smuggling tunnel and seized more than 1,200 pounds of marijuana following a multi-agency investigation by the Nogales Tunnel Task Force, with significant assistance from U.S. Customs and Border Protection Border Patrol in Nogales.

Officers with the Tunnel Task Force, which is led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), were conducting surveillance in Nogales around noon and observed a van in a parking lot at the south end of Nelson Avenue, approximately 200 yards east of the Morley Pedestrian Gate. After noticing suspicious activity, the investigators approached the van, which was loaded with marijuana bundles. Two men near the van attempted to flee on foot, but were apprehended by task force officers not far from the tunnel and taken into custody.

Task force officers seized 22 bundles of marijuana from the van and 29 bundles of marijuana from inside the tunnel, weighing a total of 1,210 pounds.

The crude, hand-dug tunnel is approximately 68-feet-long and averages approximately two feet wide. The passageway does not contain any wooden shoring, ventilation or electrical equipment. The tunnel location closely parallels a March 2012, drug tunnel discovered in the same location. The tunnel entrance is located in the front yard of a private residence in Nogales, Mexico, and runs for approximately 26-feet underground before passing under the international boundary and running 42-feet on the U.S. side of the border. The tunnel exits on an embankment at the south end of Nelson Avenue.

Mexican authorities responded to the area and secured the tunnel entrance in Mexico. The tunnel will be guarded by Border Patrol agents until it is rendered unusable. The investigation remains ongoing, but investigators believe the tunnel had just been completed early Wednesday, February 13, 2013.

"Members of the Tunnel Task Force each bring unique capabilities from their respective agencies, which greatly enhances our ability to identify and interdict drug tunnels," said Eric Balliet, assistant special agent in charge of HSI Nogales. "In this case, the task force developed information that a tunnel was being excavated in the area. Through the diligence and hard work of all the participating agencies, we were able to shut this tunnel down just as it was completed, stopping its very first load of drugs."

In the last three years, federal authorities have discovered and shut down 26 completed cross-border smuggling tunnels in the Nogales area.

The Border Enforcement Security Task Force (BEST) is an HSI-led, multi-agency U.S. Department of Homeland Security (DHS) initiative to identify, disrupt and dismantle criminal organizations that seek to exploit vulnerabilities along U.S. borders. There are currently 34 BEST units deployed across the country, covering major seaports and southern and northern border regions. BEST units are composed of more than 750 law enforcement officers from more than 100 federal, state, local, tribal, and foreign law enforcement and intelligence resources.

BEST Nogales Tunnel Task Force is composed of full time members from HSI, U.S. Customs and Border Protection, Office of Border Patrol, Nogales Police Department, the Santa Cruz County High Intensity Drug Trafficking Area task force and the U.S. Drug Enforcement Administration. BEST Nogales Tunnel Task Force is responsible for identifying, investigating and eliminating illicit subterranean tunnels in one of the nation's busiest border areas with Mexico and combating the Transnational Criminal Organizations that finance, build and use them.

Seattle Company Indicted for Conspiracy to Traffic Counterfeit Goods

A Lynnwood electronics company, a China-based manufacturer and four individuals were indicted by a federal grand jury Thursday, January 17, 2013, for conspiracy to traffic in counterfeit goods, following a probe by the Seattle-Tacoma Border Enforcement Security Task Force (BEST), including U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

ConnectZone.com, LLC, its owner Daniel Oberholtzer, 50, of Lynwood, sales manager Warren Lance Wilder, 46, of Auburn, and production manager Edward Vales, 31, of Seattle, are alleged to have sold counterfeit network products bearing the trademark of Cisco Systems through their online store. They falsely advertised the knockoffs as genuine and offered them for sale at a much lower price than genuine Cisco products. Through the investigation, authorities learned the U.S.-based conspirators were responsible for arranging the manufacture of the counterfeit goods through Mao Mang, aka "Bob Mao," a representative for Shenzhen Xiewei Electronic, LTD of Shanghai, China. Both Mang and the company are also named in the indictment.

In addition to HSI, the other members of BEST that played a prominent role in the case included the Seattle Police Department, the Port of Seattle Police Department, with additional assistance provided by U.S. Customs and Border Protection Office of Field Operations (CBP OFO).

"Counterfeiting high dollar goods can be very lucrative for enterprising criminals," said Brad Bench, special agent in charge of HSI Seattle. "Their illicit activities ultimately come at the expense of trademark owners and consumers. They don't contribute to research and development, and the knockoffs they sell generally don't match the quality and safety of genuine items."

The indictment alleges that Oberholtzer, Wilder and Vales would advise Mao and Xiewei Electronic, and other Chinese firms on how to manufacture products to look like genuine Cisco trademarked goods. In an attempt to evade U.S. customs officials, merchandise would be labeled "samples" when shipped to the United States. The indictment describes the various emails sent between the conspirators as they ran their scheme, including discussions on how to reverse-engineer products. In addition to the conspiracy count, the indictment also charges two counts of mail fraud and four counts of trafficking in counterfeit goods. Prosecutors believe Oberholtzer has been distributing counterfeit equipment from China since at least 1997.

"Protecting the intellectual property of American companies is critical to job growth and economic recovery – especially in our high tech industries," said U.S. Attorney Durkan. "I commend the dedicated investigators who uncovered this scheme."

Conspiracy to traffic in counterfeit goods is punishable by up to 10 years in prison and a $2 million fine. Mail fraud is punishable by up to 20 years in prison and trafficking in counterfeit goods is punishable by up to 10 years in prison. The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.

BEST Seattle is comprised of full time members from HSI; CBP OFO; the U.S. Secret Service; the Port of Seattle Police Department; the U.S. Coast Guard Investigative Service; and the FBI. BEST Seattle investigates smuggling and related crimes and combats criminal organizations seeking to exploit vulnerabilities at the Seattle and Tacoma seaports and adjacent waterways. 

The case is being prosecuted by the U.S. Attorney's Office for the Western District of Washington.

Haitian National Pleads Guilty to Violating TSA Security Program

A Haitian national pleaded guilty Oct. 18 for violating the Transportation Security Administration's (TSA) Transportation Worker Identification Credential (TWIC) security program. This plea comes as a result of an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) led Border Enforcement Security Task Force (BEST) in New York.

Benedick Dextra, aka Benedick Louis, 44, pleaded guilty to violations of entry into a seaport under false pretenses. The investigation revealed Dextra obtained fraudulent documents under the name of Benedick Louis. He then used these illegal documents to obtain a New York State (NYS) driver's license, and a TWIC, which allowed him access to secure areas, such as container terminals in Port Elizabeth, N.J.

"Today's guilty plea by Benedick Dextra for obtaining access to secure areas of the New York City seaport through fraud is a first of its kind," said James T. Hayes Jr., special agent in charge of HSI New York. "The investigation conducted by HSI and our Border Enforcement Security Task Force partners, namely the Federal Air Marshal Service and U.S. Customs and Border Protection, underscores our commitment to protecting America's ports."

"We are proud of the efforts made by Supervisory Federal Air Marshal Osbert Orduna in this case," said Robert S. Bray, director of TSA's Federal Air Marshal Service. "This joint investigation further exemplifies the partnerships between all of our DHS components."

In 2009, as part of a routine customs inspection, Benedick Dextra was stopped by U.S. Customs and Border Protection (CBP) officers as his truck exited a terminal at Port Elizabeth. Dextra presented a TWIC credential bearing the name Benedick Louis. Subsequent checks revealed that Benedick Louis and Benedick Dextra were the same individual. He was arrested October 22, 2010, and charged with violating the TWIC program.

The TWIC program is a TSA-led security initiative that ensures individuals who pose a threat do not gain unescorted access to secure areas of the nation's maritime transportation system.

To obtain a TWIC, an individual must provide biographic and biometric information such as fingerprints, be photographed and successfully pass a security threat assessment conducted by TSA. TWICs are tamper-resistant biometric credentials issued to workers who require unescorted access to secure areas of ports, vessels and outer continental shelf facilities.

BEST is comprised of federal, state, local and foreign law enforcement counterparts, working together to develop a comprehensive approach to identifying, disrupting and dismantling criminal organizations posing significant threats to border security, seaports and maritime ports of entry. The New York BEST is composed of HSI, the Federal Air Marshal Service, CBP, the Drug Enforcement Administration, the New York City Police Department, Coast Guard Investigative Services, the Waterfront Commission of New York Harbor, and the National Guard.

Assistant U.S. Attorney Lara Gatz for the Eastern District of New York is prosecuting the case.

On Duty Government Officer Arrested with 9.7 lbs of Marijuana

A state government employee is in federal custody after his arrest Wednesday, September 26, 2012, on a drug charge. U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) special agents are investigating the case.

Saul Velasco, 37, of Alamogordo, N.M., is charged with possession with intent to distribute marijuana. He was arrested Sept. 26 at the U.S. Customs and Border Protection (CBP) Border Patrol checkpoint on U.S. Highway 70 west of Alamogordo.

According to court documents, Border Patrol agents found 9.7 pounds of marijuana in the state government vehicle Velasco was driving. As New Mexico juvenile probation officer, Velasco was on official duty when he was arrested.

There were 10 bundles of marijuana in a gym bag inside Velasco's vehicle, according to court documents. He allegedly paid $2,500 for the nearly 10 pounds of marijuana from a man whom he met near a restaurant on U.S. Highway 54, north of El Paso, Texas.

Velasco had his initial appearance in federal court Thursday, September 27, 2012, in Las Cruces; he was scheduled for a preliminary and detention hearing Friday, September 28, 2012. HSI special agents assigned to the Border Enforcement Security Task Force (BEST) in Las Cruces continue to investigate the case.

BEST is a U.S. Department of Homeland Security (DHS), ICE-led initiative that operates along the U.S.-Mexico border. BEST in Las Cruces was formed in June 2009, and is one of 32 BEST teams with locations around the U.S. and Mexico. HSI is charged with enforcing a wide array of immigration and customs laws, including those related to securing the border and combating criminal smuggling.

Las Cruces BEST members include the following law enforcement agencies: HSI, ICE's Enforcement and Removal Operations (ERO), CBP's Border Patrol and Office of Field Operations, the Drug Enforcement Administration, and the Doña Ana Sheriff's Office.

BEST members are co-located so that they can effectively share information among their partner agencies. Close coordination among federal, state and local law enforcement agencies helps to identify and eliminate cross-border criminal organizations and the infrastructures that sustain them.

Cheese Smuggling Ring Lands Two Men in ICE Custody

One officer and a former officer with the Niagara Regional Police Service (NRP), and an associate are in custody in Canada Thursday, September 27, 2012, following an investigation into a cheese smuggling scheme. The investigation is being conducted by members of Buffalo's Border Enforcement Security Task Force (BEST).

The arrests were announced by James Spero, special agent in charge, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Buffalo, the Canadian Border Services Agency (CBSA) and the NRP, all members of the Buffalo BEST.

Scott Heron, 39, Casey Langelaan, 48, and Bernie Pollino, 44, all of whom reside in Fort Erie, Ontario, have been charged for smuggling goods, evasion of duties and other related charges under Canadian laws. The NRP arrested the three men the morning of Thursday, September 27, 2012. Heron is a member of the NRP. He was suspended from duty as the result of this investigation. At the time of the alleged criminal activity, Langelaan was also a member of the NRP. He was suspended at the time of the investigation and is no longer with the force. Pollino is not an officer but is alleged to have participated in the scheme with Heron and Langelaan.

The network involved the purchasing of cases of cheese and other food items in the United States and transporting them into Canada without declaring the items or paying duty. Once the products arrived in the country, they were sorted and prepared for distribution to a variety of restaurants in southern Ontario.

The investigation revealed that there was a significant financial gain to be made in the cheese smuggling operation due to the fact that duty imposed on cheese and dairy products imported from the United States ranged from 250-400 percent. The investigation also revealed over $200,000 worth of cheese and other products were purchased and distributed for an estimated profit of over $165,000.

The subjects were scheduled for an initial appearance Sept. 27 in court in Ontario.

In January 2006, DHS adopted the BEST initiative as a DHS task force in order to leverage federal, state, local, tribal and international law enforcement and intelligence resources in an effort to identify, disrupt and dismantle organizations that seek to exploit vulnerabilities along the U.S. borders and threaten the overall safety and security of the American public. BEST is designed to increase information sharing and collaboration among the participating agencies, focusing toward the identification, prioritization and investigation of emerging or existing threats.