McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball

May 14, 2009

Two Handy co-defendants plead guilty

Two Handy co-defendants plead guilty

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The Monitor

McALLEN — Two women told a federal judge Wednesday that they helped Hidalgo County Precinct 1 Commissioner Sylvia Handy fleece taxpayers out of more than $111,000.

Maria de los Angeles Landa de Hernandez, 27, pleaded guilty to one count of conspiracy and conceded she collected a county paycheck while working as Handy’s personal housekeeper and babysitter over a period of five years. During that time, Hernandez did no actual government work and did not have legal status to work in the country.

Eloisa Andrade Uriegas, a 58-year-old McAllen schools employee, said she loaned Hernandez her Social Security number so as not to draw attention on personnel records.

Their court hearing Wednesday marks the first admissions of guilt in an investigation that has hounded Hidalgo County’s first elected female commissioner for more than two years.

But Handy continued to assert her innocence, and her attorney questioned the motives of her co-defendants.

Under a plea agreement with federal prosecutors, both Hernandez and Uriegas have agreed to cooperate in the ongoing case. The government will likely recommend a reduced sentence for both women should their assistance prove useful.

“People who are guilty plead guilty,” said Al Alvarez, Handy’s lawyer. “We haven’t because we’re not guilty. I really think you have to look at what these women are getting in exchange for their guilty pleas.”

FBI agents arrested Handy, 52, and her 35-year-old husband, Juan Gabriel Espronceda, at their Weslaco home April 2. Both stand accused of multiple counts of conspiracy and harboring illegal immigrants.

According to a 76-page indictment, Handy put Hernandez and another illegal immigrant who remains unindicted in the case on her Precinct 1 payroll under assumed names. Although both were granted jobs as maintenance workers, prosecutors allege neither did any work in the office for the thousands of dollars in pay and benefits they received.

Hernandez, who received a government paycheck up until January 2006, even received several sham promotions and used part of her salary to make regular $600 loan payments to the bank that held Handy’s mortgage on a plot of land the commissioner had purchased in Mercedes, the indictment states.

Hernandez finally gave up her position more than a year before a county audit raised questions about payroll practices in Handy’s office.

Handy’s former attorney – Ralph Martinez – has previously said Hernandez worked in the commissioner’s home but that Handy had no knowledge of the woman’s immigration status. He said his client later helped the woman find a legitimate county job after she left the commissioner’s household.

Alvarez, Handy’s current attorney, said Wednesday evening that he was not yet familiar enough with the case to back Martinez’s statements.

“The truth always comes out in court,” he said. “We look forward to the chance to tell our side of the story.”

Hernandez and Uriegas each face up to 10 years in prison at a sentencing hearing scheduled for later this year.

Handy and Espronceda are set to face a jury next month.

May 10, 2009

Alleged Gulf Cartel member awaits trial on 2000 drug charges

Alleged Gulf Cartel member awaits trial on 2000 drug charges

 Osiel Cardenas Guillen continues to await his trial on 2000 drug trafficking charges as U.S. Attorneys process his alleged Gulf Cartel associates who were arrested earlier this month.

Cardenas Guillen was indicted in 2000 and was later extradited by Mexico to the U.S. in 2007. He faces charges of drug trafficking and assaulting and threatening to murder a FBI agent and a sheriff’s deputy, public records show.

Several weeks ago, U.S. District Judge Hilda G. Tagle moved Cardenas Guillen’s trial in the Brownsville Division of the U.S. District Court Southern District of Texas to March 2009.

His attorneys, including Roberto Yzaguirre from Yzaguirre & Chapa of McAllen, requested the continuance noting that despite months of review, they have been unable to review all the material. They also claim that some of the material must be translated from English to Spanish or Spanish to English.

Cardenas Guillen’s attorneys also maintain that their review of material with their client is “severely limited” because of his restrictive confinement and the few hours a week that they are allotted with him.

Yzaguirre also represents Roma resident Jose Carlos Hinojosa, 31, aka “Charlie,” aka “Sobrino,” who was named earlier this month along with nine other suspects in a 17-count indictment filed in the McAllen Division of the U.S. District Court Southern District of Texas.

Yzaguirre was not available for comment.

The suspects are charged with drug trafficking and conspiracy to launder money.

Hinojosa along with Raymundo Edgar Gonzalez, 37, and Sergio Ivan Olivarez-Flores, 24, who were named in the indictment, pleaded not guilty Thursday and are being held without bond.

The 10 suspects are among 507 persons, including Cardenas Guillen’s brother Ezequiel Cardenas Guillen, arrested or indicted in a 15-month federal investigation called Project Reckoning led by the Drug Enforcement Administration.

Starr County Sheriff’s Pleads Guilty to Drug Charges

Former Starr County sheriff pleads guilty

The Monitor

McALLEN — Former Starr County Sheriff Reymundo “Rey” Guerra pleaded guilty Friday to one federal count of drug smuggling conspiracy, a week before his case was set to head to trial.

As part of a plea agreement with prosecutors, the ex-lawman admitted to using his elected office to aid narcotics traffickers based in Starr County and Miguel Alemán, Tamps. He now faces up to life in prison at a sentencing hearing scheduled for July.

“He feels that he’s let down his family, friends and constituents,” his attorney, Phillip Hilder, said Friday. “He’s deeply remorseful for that.”

FBI agents arrested Guerra last fall as part of a nationwide sweep of Gulf Cartel members and their associates. But federal prosecutors said Friday that he did not actually play a role in bringing any drugs into the United States and dubbed him a “minor participant” in the illegal organization.

Instead, said Assistant U.S. Attorney Toni Treviño, Guerra shared sensitive law enforcement intelligence with the leader of a smuggling cell – Jose Carlos Hinojosa – whom Guerra first met when the man was legitimately working with law enforcement in Mexico.

Federal prosecutors have since linked Hinojosa to high-ranking members of the Zetas – a paramilitary drug smuggling organization once closely associated with the Gulf Cartel. He pleaded guilty last month to two counts of drug and money laundering conspiracy.

“Hinojosa would assist Guerra with the return of various suspects who had escaped from the United States,” Treviño said.

Guerra first claimed he had provided Hinojosa with the names of informants and addresses targeted for raids in Starr County because he still believed the man was working with police.

But the sheriff was fully aware as early as January 2007 that Hinojosa had abandoned his old role to become one of the region’s top drug traffickers, Treviño said Friday. Guerra also accepted periodic payments of $2,000 to $3,000 in exchange for leaking information.

In one of the most serious instances, the former sheriff allegedly pressured a deputy to give up the name of one of his confidential informants after a June 2007 raid on an Hinojosa stash house.

Hinojosa contacted Guerra seeking the source who led authorities to the home.

At the time, FBI agents were already investigating the sheriff for suspected involvement with the Hinojosa drug trafficking organization and instructed the deputy to give his boss false information.

Guerra passed the name along to Hinojosa and instructed him to tell the owner of the stash house to prepare fake leasing documents for a renter living in Mexico.

“He knowingly provided a false document to deflect attention,” Treviño said.

Guerra’s arrest last year during the middle of a re-election campaign caused problems for Starr County voters, as he was the only candidate for sheriff on the November ballot.

He was forced to resign his post twice – once before the election and again afterward – as a condition of his bond.

After a re-arraignment hearing Friday, U.S. District Judge Randy Crane allowed Guerra to remain free on bond pending sentencing.

Two of the former sheriff’s co-defendants – Saul Mendez Jr. and Mario Alberto Mascorro – also pleaded guilty Friday to one count each of federal money laundering conspiracy. They face up to 20 years in prison.

The pleas close the case against the 20 defendants originally arrested on suspicion of participating in the Hinojosa drug trafficking cell. All have pleaded guilty. Eight fugitives remain at large.

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