HOMELAND SECURITY OIG SPECIAL AGENT INDICTED FOR CONSPIRACY, OBSTRUCTION OF JUSTICE AND RECORDS FALSIFICATION

FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, April 9, 2013
Former Department of Homeland Security Office of Inspector General Special Agent in Charge Indicted in Texas for Role in Records Falsification Scheme

A former U.S. Department of Homeland Security Office of Inspector General (DHS-OIG) special agent in charge and another special agent were indicted in the Southern District of Texas late yesterday for their roles in a scheme to falsify records and to obstruct an internal field office inspection, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Special Agent in Charge Armando Fernandez of the FBI San Antonio Field Office.

The indictment returned by a federal grand jury in Brownsville, Texas, charges Eugenio Pedraza, 49, of McAllen, Texas, with six counts of falsification of records in federal investigations, five counts of obstructing an agency proceeding, one count of obstruction of justice and one count of conspiracy. The indictment also charges Marco Rodriguez, 40, of Mission, Texas, with two counts of falsification of records in federal investigations, two counts of obstructing an agency proceeding and one count of conspiracy.

DHS-OIG is the principal component within DHS with the responsibility to investigate alleged criminal activity by DHS employees, including corruption affecting the integrity of U.S. borders.

According to the indictment, in September 2011, DHS-OIG conducted an internal inspection of its McAllen Field Office to evaluate whether its internal investigative standards and policies were being followed. At that time, Pedraza was the special agent in charge of the McAllen Field Office, and Rodriguez was a special agent stationed there. According to the indictment, in anticipation of the inspection, Pedraza allegedly directed Rodriguez and other DHS-OIG employees to engage in a scheme to falsify documents in open criminal investigative case files, including numerous investigations in which DHS employees were suspected of participating in the unlawful smuggling of undocumented aliens and/or narcotics into the United States.

More specifically, the indictment charges that at Pedraza’s direction, DHS-OIG employees allegedly created and placed into these investigative files backdated memoranda of activity that falsely reflected investigative activity by agents that had not occurred; backdated case review worksheets that falsely reflected supervisory case reviews that Pedraza had not conducted with his subordinate agents; and backdated, unsent letters that were signed by Pedraza and purported to inform the FBI of the opening of a DHS-OIG investigation.

According to the indictment, the scheme’s purpose was to conceal severe lapses in DHS-OIG’s investigative standards from individuals conducting an internal field office inspection. The scheme was allegedly devised to conceal Pedraza’s failure to ensure that investigations were being conducted promptly and thoroughly, his failure to provide his subordinates with adequate training and supervision, and his failure to ensure that the FBI was being timely notified of DHS-OIG’s investigations.

The indictment also charges Pedraza with allegedly directing two DHS-OIG employees to falsify memoranda of activity on additional occasions, and with obstructing justice by removing the falsified supervisory case review sheets that he had created from DHS-OIG files after becoming aware of the FBI and grand jury investigation into his conduct.

In a related case, on Jan. 17, 2013, Wayne Ball, a former DHS-OIG special agent, pleaded guilty in U.S. District Court for the Southern District of Texas before U.S. District Judge Randy Crane to one count of a multi-object conspiracy to falsify records in federal investigations and to obstruct an agency proceeding for his participation in the scheme. Ball is scheduled to be sentenced on July 31, 2013.

The charge of falsification of records in federal investigations carries a maximum penalty of 20 years in prison. The charge of obstructing an agency proceeding carries a maximum penalty of five years in prison. The charge of obstruction of justice carries a maximum penalty of 20 years in prison. The charge of conspiracy carries a maximum penalty of five years in prison. Each of these charges carry a maximum fine of $250,000.

An indictment is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The case is being prosecuted by Trial Attorneys Eric L. Gibson and Timothy J. Kelly of the Criminal Division’s Public Integrity Section. The case is being investigated by agents of the FBI, San Antonio Division.

TWO FORMER CORRECTIONAL OFFICERS CHARGED IN INMATE ASSAULT CASE

FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, March 5, 2013
Indictment Charges Two Former Maryland Correctional Officers in Relation to an Assault of an Inmate

A third indictment, this time charging two former officers at Roxbury Correctional Institution (RCI), was returned today, in relation to assaults of an inmate, identified as K.D., and subsequent obstruction of justice, announced Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. On Feb. 26, 2013, a grand jury returned two indictments charging a total of nine current or former RCI officers with two subsequent assaults of the same inmate, K.D.

In the indictment returned today, former RCI Lieutenant Robert Harvey and former Correctional Officer Keith Morris are charged with a civil rights offense for their alleged assault on K.D., an inmate, during the 3 p.m. to 11 p.m. shift on March 8, 2013. Harvey also faces an obstruction of justice charge for allegedly filing a false report related to the assault.

Harvey faces a maximum sentence of 30 years in prison, and Morris faces a maximum term of 10 years in prison.

These indictments bring the total number of individuals charged in relation to this case to 14. Including today’s charges, seven current or former RCI officers have been charged with a civil rights offense for their alleged involvement in a series of assaults on K.D. Two former RCI officers, Dustin Norris and Philip Mayo, recently entered guilty pleas acknowledging that they conspired with other officers to assault K.D. Ten current or former RCI officers have been charged with conspiracy or obstruction offenses for their alleged efforts to cover up staff involvement in the assaults on K.D. Ryan Lohr, a former RCI officer, previously entered a guilty plea admitting that he conspired with other officers to obstruct the investigation into an assault on K.D.

These three cases, which are ongoing, are being investigated by the Frederick Resident Agency of the FBI, and are being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Sanjay Patel of the Justice Department’s Civil Rights Division, with the assistance of P. Michael Cunningham of the U.S. Attorney’s Office for the District of Maryland.

An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.

FORMER POLICE OFFICER ARRESTED FOR STEALING FROM MOTORISTS

FROM:  U.S. DEPARTMENT OF JUSTICE
Tuesday, June 12, 2012
Former Fort Deposit, Alabama, Police Officer Arrested for Stealing Money from Motorists and Obstructing Justice
Former Fort Deposit, Ala., Police Officer Carlos Tyson Bennett was arrested today on charges of stealing money from motorists on Interstate 65 in central Alabama and subsequently trying to conceal his criminal activity, announced the Justice Department.

Bennett, 36, of Greenville, Ala., was charged in an eight-count indictment returned by a federal grand jury in the Middle District of Alabama and unsealed today.   He is charged with one count of conspiracy against rights, four counts of deprivation of rights under color of law, and three counts of obstruction of justice.

The indictment alleges that between April 2009 and July 1, 2009, Bennett conspired with a fellow officer to stop vehicles under the guise of legitimate law enforcement activity and to steal cash from drivers and passengers in violation of their constitutional right to be free from unreasonable seizures of property.   The indictment further alleges four specific thefts in which Bennett, aided and abetted by the other officer, stole between $100 and $200 per victim.   In addition, Bennett is charged with obstructing justice on three separate occasions.   According to the indictment, Bennett also provided a fabricated story to a law enforcement official and sought to prevent the communication of information relating to these offenses to law enforcement officers.

If convicted, Bennett could face a maximum sentence of 10 years in prison and a fine of $250,000 on the conspiracy charge; one year in prison and a fine of $100,000 on each of the deprivation of rights charges; and 20 years in prison and a fine of $250,000 on each of the obstruction charges.

This case is being investigated by the Alabama Bureau of Investigation; the Butler County, Ala., Sheriff’s Office; and the Lowndes County, Ala., Sheriff’s Office.   The case is being prosecuted by Assistant U.S. Attorney Monica Stump for the Middle District of Alabama and Trial Attorney Chiraag Bains from the Justice Department’s Civil Rights Division.

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.