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An
Eagle Pass, Texas, man appeared Monday, February 4, 2013, in San
Antonio federal court following his extradition from Mexico Friday,
February 1, 2013, on federal charges of smuggling prohibited defense articles.
This
extradition and criminal charges were announced by U.S. Attorney Robert Pitman,
Western District of Texas, and Deputy Special Agent in Charge Monica Mapel,
U.S. Immigration and Customs Enforcement's (ICE) Homeland Security
Investigations (HSI) San Antonio.
A
federal grand jury in Del Rio returned an
indictment in June 2012 against Erik Alan Garza, 25, on six counts of aiding
and abetting smuggling goods from the United States. According to the
indictment, on various occasions between June 19, 2010 and Feb. 17, 2012, Garza
and an accomplice, Rolando Tamayo, 32, also of Eagle Pass,
illegally attempted to smuggle defense articles into Mexico
from the United States.
These
defense items included: night-vision monocular goggles, a thermal goggle, 400
sets of AR-15 front and rear flip-up tactical sights, about 5,000 high-capacity
assault rifle magazines, and about 6,000 rounds of ammunition, including 100
rounds of .50-caliber ammunition.
The
indictment also charges Tamayo, who remains a fugitive, with two counts of
aiding and abetting the smuggling of goods from the United States. Each charge calls
for a maximum sentence of 10 years in federal prison upon conviction.
"Gun
and drug trafficking fuels violence by criminal organizations, and threatens
the security of the people along our borders and throughout the country,"
said Mapel. "HSI special agents will continue to work jointly with our law
enforcement partners to utilize our expertise in import and export enforcement
to help keep our citizens safe and secure."
This
case was investigated by special agents with HSI, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives. The Department of Justice Office of
International Affairs, and the U.S.
Marshals Service assisted with Garza's extradition.
An
indictment is merely a charge, and should not be considered as evidence of
guilt. The defendants are presumed innocent until proven guilty in a court of
law.
Assistant
U.S. Attorney Michael Galdo, Western District of Texas, prosecuted the case.
A 43-year-old Colombian national who was extradited last December to face U.S. charges was sentenced to five years in prison for stealing money meant to fund meals for under-privileged children.
The scheme, uncovered by the Oregon Department of Education, was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the FBI.
Gerardo Mosquera was convicted by a federal jury in September of two counts of theft concerning a program receiving federal funds. According to court records, Mosquera's organization, the Portland-based non-profit organization Diversity Initiatives, was paid more than $1.6 million by the Oregon Department of Education to provide meals to children at various sites in the Portland area. State officials noticed that the number of meals claimed by Diversity Initiatives was increasing, while sites served by the organization had decreased. A state audit revealed the organization for at least two years had fraudulently billed the state for approximately 100,000 meals that were never provided.
At sentencing, U.S. District Court Judge Marco A. Hernandez found Mosquera's leadership role with Diversity Initiatives, his use of a false Social Security number to open bank accounts, and his obstructive behavior during the state administrative proceedings warranted sentencing enhancements. In addition to his prison sentence, Mosquera was ordered to pay more than $215,000 in restitution and serve three years of supervised release.
Following his prison term, he will be taken into custody by ICE to face immigration enforcement action.
The case was prosecuted by the U.S. Attorney's Office for the District of Oregon.
