Semler Scientific Inc. And Bard Peripheral Vascular Inc. To Pay Nearly $37M To Resolve False Claims Act Allegations Relating To Flochec And Quantaflo Devices

Source: United States Department of Justice Criminal Division

WASHINGTON — Semler Scientific Inc. has agreed to pay $29.75 million and its former distributor, Bard Peripheral Vascular Inc. and its related companies, has agreed to pay $7.2 million to resolve allegations that they violated the False Claims Act, 31 U.S.C. §§ 3729-3733, by knowingly causing, and conspiring to cause, the submission of false claims to Medicare for photoplethysmography tests performed using the FloChec and QuantaFlo devices in connection with the diagnosis of peripheral arterial disease (PAD).

“Medicare billing regulations are created, in part, to protect the public fisc,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “It is incumbent upon manufacturers and their distributors to be honest with their customers about the rules and regulations that apply to their products.”

“Government programs expect an honest exchange between suppliers and programs funded by taxpayer dollars,” said U.S. Attorney Gregory W. Kehoe for the Middle District of Florida. “When critical information is misrepresented or skewed for profit or personal gain, the limited resources available for our healthcare system are diminished.”

“Medical device companies that misrepresent the capabilities of their products and encourage providers to bill Medicare for services that do not meet coverage requirements drain critical taxpayer-funded resources,” said Acting Special Agent in Charge Isaac M. Bledsoe of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “In addition to this settlement, HHS-OIG has entered into a new five-year Corporate Integrity Agreement with Semler Scientific, which agreed to undertake substantial internal compliance measures to help ensure that the company remains appropriate and lawful moving forward.”

PAD in the lower extremities is the narrowing or blockage of the vessels that carry blood between the heart and legs. Providers traditionally diagnose PAD by conducting a test called an ankle brachial index (ABI) to estimate the severity of the blockage in a patient’s limbs. To qualify for Medicare reimbursement, PAD testing must satisfy the requirements of Current Procedural Technology (CPT) billing codes 93922, 92923 or 93924. Each of these billing codes requires that a provider conduct an ABI test plus certain additional testing. In addition, Medicare does not cover noninvasive vascular tests that use photoelectric plethysmography, also known as photoplethysmography, which uses a light sensor to detect changes in blood volume.

From approximately 2010 through 2024, Semler manufactured, marketed, and distributed the FloChec and QuantaFlo devices to customers throughout the United States for use in connection with the diagnosis of PAD. Both devices use a light sensor to detect changes in blood volume. Additionally, when the Food and Drug Administration (FDA) cleared FloChec and QuantaFlo, the agency told Semler that the devices did not perform an ABI and could not be called a “digital ABI.”

The settlement announced today resolves allegations that Semler and Bard falsely claimed that tests conducted using the FloChec and QuantaFlo devices were reimbursable by Medicare and caused healthcare providers to submit false claims to Medicare. The United States alleged that Semler knew that testing conducted using FloChec and QuantaFlo did not satisfy CPT codes 93922, 93923, or 93924 because the devices do not perform an ABI. Additionally, the United States alleged that Medicare reimbursement for FloChec and QuantaFlo tests is barred because the devices use photoplethysmography.  Nevertheless, Semler allegedly represented to healthcare providers that Medicare reimbursed customers for tests performed using Flochec and QuantaFlo if they submitted CPT codes 93922, 93923, and 93924. Even after Semler received concerns from third parties about reimbursement, Semler allegedly continued to market the devices as reimbursable by Medicare.

Bard served as Semler’s distributor from 2012 through 2022.  As part of the settlement, Bard admitted certain allegations and received cooperation credit under Justice Department guidelines.

In addition to the civil settlement, Semler has entered into a five-year Corporate Integrity Agreement with the Office of Inspector General of the United States Department of Health and Human Services (HHS-OIG), which obligates Semler to undertake substantial internal compliance reforms.

The allegations were originally brought in a lawsuit filed by Robert Kane and Franklin W. West under the qui tam provisions of the False Claims Act. Under the act, private parties may bring suit on behalf of the government and share in any recovery.  Mr. Kane and Mr. West will receive approximately $6.5 million as their share of the recovery.

The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The settlement resulted from a coordinated effort among the Civil Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. Senior Trial Counsel Kristen M. Echemendia, Trial Attorney Martha Glover, and Investigator Robert L. Jodoin of the Department of Justice, Civil Division, Fraud Section and Assistant U.S. Attorney Kelley Howard-Allen for the Middle District of Florida handled the matter.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Armed Career Criminal Sentenced to 19 Years in Prison for Illegal Gun Possession

Source: United States Department of Justice Criminal Division

VALDOSTA, Ga. – A convicted felon with a lengthy criminal past was sentenced to serve nearly two decades in prison after he was found guilty at trial of illegally possessing a firearm while outside a Dollar General store in Valdosta.

Donald Patrick Parr, 69, of Ocilla, Georgia, and formerly of Valdosta, Georgia, and Jennings, Florida, was sentenced as a federal armed career criminal to serve 235 months in prison to be followed by two years of supervised release by Senior U.S. District Judge W. Louis Sands on Sept. 25. Parr was found guilty at trial of one count of possession of a firearm by a convicted felon on May 13. There is no parole in the federal system.

“The penalties are steep for armed career criminals caught illegally possessing firearms in the Middle District of Georgia,” said U.S. Attorney William R. “Will” Keyes. “I want to thank the Lowndes County Sheriff’s Office and ATF for helping us hold repeat offenders accountable for their continued disregard of the law.”

“Our partnership with local agencies like the Lowndes County Sheriff’s Office is vital in tackling gun violence and ensuring that those with a history of criminal behavior are held accountable for their actions,” said ATF Acting Assistant Special Agent in Charge Robert Davis.

According to court documents and statements referenced in court, a Lowndes County Sheriff’s Office deputy responded to a call concerning a man—later identified as Parr—sitting inside a car at a Dollar General parking lot for over an hour and periodically falling asleep. Authorities discovered Parr was wanted for drug charges in Palo Pinto County, Texas. Law enforcement found a little over a gram of methamphetamine, a bag of marijuana and a .22 caliber revolver in Parr’s vehicle. Parr has multiple prior felony convictions for possessing controlled substances with intent to distribute, making terroristic threats, aggravated fleeing and possession of a firearm by a convicted felon.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Lowndes County Sheriff’s Office.

Assistant U.S. Attorneys Monica Daniels and Sonja Profit are prosecuting the case for the Government.

Foreign National Facing Federal Charges Following Alleged Firearms Theft in Park City, Utah

Source: United States Department of Justice Criminal Division

SALT LAKE CITY, Utah –A foreign national, living in the United States illegally, was charged by felony information after he allegedly broke into the Park City Gun Club, stole firearms, and fled from police in a vehicle before crashing at a park and taken into custody.

Abraham Hernandez-Duron, 40, a foreign national who has been living in Taylorsville, Utah, was charged by complaint on August 26, 2025.

According to court documents, on August 24, 2025, at approximately 5:30 a.m. a “glass break” alarm was reported at the Park City Gun Club in Park City, Utah, a federally licensed firearms dealer (FFL). Hernandez-Duron allegedly utilized a hammer to break into the FFL. Law enforcement quickly arrived on scene and multiple shots were fired from inside the firearms business. Shortly after, Hernandez-Duron exited the building, got into a vehicle, and fled. Police safely pursued and eventually, Hernandez-Duron crashed the vehicle at Trailside Bike Park. Hernandez-Duron was initially non-compliant with law enforcement commands, which led to a Special Weapons and Tactics (SWAT) callout. Hernandez-Duron was eventually taken into custody. Five firearms were located in the vehicle Hernandez-Duron was driving, all of which were taken from the firearms shop.

Hernandez-Duron is charged with theft of firearms from a licensed dealer. His initial appearance on the felony information was September 24, 2025, before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.

Acting United States Attorney Felice John Viti for the District of Utah made the announcement.

The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Assistant United States Attorney Victoria K. McFarland of the United States Attorney’s Office for the District of Utah is prosecuting the case.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETF) and Project Safe Neighborhoods (PSN).

A felony information is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 
 

York County Man Sentenced to 12 Years in Federal Prison for Drug Conspiracy

Source: United States Department of Justice Criminal Division

COLUMBIA, S.C. — Timothy Antonio Flanagan, 38, of Lancaster, has been sentenced to 12 years in federal prison for conspiracy to possess with the intent to distribute 400 grams or more of fentanyl and 500 grams or more of cocaine.

Evidence obtained in the investigation revealed that Flanagan and others were responsible for selling drugs that were obtained from other members of a drug conspiracy operating out of Rock Hill. Agents learned the group obtained cocaine, crystal methamphetamine, and pills that resembled 30 mg Oxycodone tablets, also known in the generic form as Roxicodone.  The pills were produced by members of the conspiracy with fentanyl at various locations in the Rock Hill and Charlotte areas. Flanagan was also supplied with cocaine which he distributed to others. 

United States District Mary Geiger Lewis sentenced Flanagan to 144 months imprisonment, to be followed by a five-year term of supervision.  Flanagan must complete his current federal sentence on unrelated federal charges before beginning this sentence. There is no parole in the federal system.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

This case was investigated by FBI Columbia Field Office, York County Multi-Jurisdictional Drug Enforcement Unit, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, IRS Criminal Investigation, Rock Hill Police Department, York County Sheriff’s Office, the Richland County Sheriff’s Department, and the South Carolina Department of Corrections.  Assistant U.S. Attorney William K. Witherspoon is prosecuting the case.

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Owner of Mail Order Pharmacies Settles False Claims Act Investigation Involving Allegations of Fraudulent Billing Practices and Kickbacks

Source: United States Department of Justice Criminal Division

Newark, N.J. – An Orange County, California resident entered into settlement agreements with the United States resolving allegations that he violated the False Claims Act by paying kickbacks in exchange for the referral of certain prescriptions, Acting U.S. Attorney and Special Attorney Alina Habba announced today.

According to the settlement agreements, Andrew Do owned and operated three mail-order pharmacies in Orange County, California between January 2016 through December 2020. The Government alleges that, during that time, Do paid kickbacks to receive prescriptions for certain compounded topical creams, filled the prescriptions, and then submitted claims to Medicare for reimbursement. According to the Government, Do knew that his payments to induce prescriptions paid for by Medicare violated the Anti-Kickback Statute and caused false claims to be submitted to the Medicare program, all in violation of the False Claims Act.

Under the terms of the settlement agreements, Do will pay $600,000 to the United States. This settlement amount is based on Do’s financial disclosures and his inability to pay.

One of the settlement agreements resolves allegations brought against one of Do’s pharmacies that was filed under the qui tam or whistleblower provisions of the False Claims Act. Under the False Claims Act, private parties can file an action on behalf of the United States and receive a portion of any recovery. Under today’s resolution, the relator in that action, Daniel Toellner, will receive up to $100,000 of the settlement agreement involving Do’s conduct on behalf of one of his pharmacies, Family Care Investments d/b/a Value Pharmacy.

Acting U.S. Attorney and Special Attorney Habba credited special agents of the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz, and U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Acting Special Agent in Charge Christopher Silvestro, with the investigation.

The government is represented by Assistant U.S. Attorney David V. Simunovich of the U.S. Attorney’s Office, Health Care Fraud & Opioid Abuse Prevention Unit, in Newark.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

The qui tam case is captioned United States ex rel. Toellner v. Apogee Bio-Pharm Corp., et al., Civil Action No. 18-13640 (D.N.J.).

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Counsel for Andrew Do: Vicki Podberesky, Esq., Los Angeles, CA

Counsel for Relator Daniel Toellner: Joseph Callow, Esq., Cincinnati, OH

Brothers Sentenced to Federal Prison in Connection With Used Car Odometer Scheme

Source: United States Department of Justice Criminal Division

Baltimore, Maryland – Chief Judge George L. Russell, III, sentenced Kamal Khalid, 44, of Pasadena, Maryland, to 36 months in federal prison, followed by three years of supervised release, after he pled guilty to conspiracy and securities fraud stemming from his role in an odometer rollback scheme.  Judge Russell previously sentenced Khalid’s younger brother and co-conspirator, Fnu Shahrukh, 31, of Severna Park, Maryland, to 18 months of incarceration for his role in the scheme.   Additionally, Judge Russell ordered both defendants to pay approximately $1.2 million in restitution to their victims.

Kelly O. Hayes, U.S. Attorney for the District of Maryland, announced the sentence with Administrator Jonathan Morrison, National Highway Traffic Safety Administration.

“Khalid and his brother preyed on unsuspecting people simply looking to buy a reliable used car. But instead, these victims were deceived into purchasing vehicles that were well past their prime, so now the perpetrators must face the consequence of their criminal actions,” Hayes said. “We, along with our law-enforcement partners, are committed to protecting consumers from those who target others to deceive them out of their hard-earned money.”

“Odometer fraud is a serious crime that that not only costs consumers billions of dollars every year, but also makes our roads more dangerous. In this case, the co-conspirators lowered the average vehicle’s mileage by 124,000, resulting in consumers grossly overpaying for used vehicles near or past their expected lifespans,” NHTSA Administrator Jonathan Morrison said. “Buyers were purchasing vehicles without knowing that critical components like brakes, belts, and fluids were long past their service dates. Used car buyers deserve to know the true history of their vehicles before purchase, and we encourage everyone to learn how to identify odometer fraud and protect themselves before signing on the dotted line.”

On April 7, 2025, Shahrukh pled guilty to one count of conspiracy to commit securities fraud. Then on May 28, Khalid pled guilty to one count of conspiracy to commit securities fraud and one count of securities fraud. As part of their plea agreements, both Shahrukh and Khalid admitted that between 2016 and 2019, they engaged in a scheme to sell used vehicles with false, low-mileage readings entered on the vehicles’ odometers and titles to unwitting consumers.

The defendants also admitted that they purchased high-mileage vehicles from auto auctions. They then altered the vehicles’ odometers to reflect false, lower mileage readings, and obtained motor-vehicle titles reflecting those false, lower mileages. Shahrukh and Khalid then used the fraudulent title documentation and falsified odometer readings to sell the vehicles both through auto auctions and directly to consumers.

On average, the co-conspirators artificially lowered the vehicles’ mileages by 124,000 miles. The co-conspirators deceived purchasers into believing the vehicles had lower mileages, which enabled them to sell the vehicles at inflated prices. As a result of the scheme, consumers paid more for the vehicles than they likely would have if they knew the true high mileage.

U.S. Attorney Hayes commended NHTSA for its work in investigating this case and the Maryland Department of Transportation, Department of Motor Vehicles Administration for its assistance.   Ms. Hayes also thanked Assistant U.S. Attorney Matthew Phelps, District of Maryland, and Senior Litigation Counsel David Sullivan and Trial Attorney Manu J. Sebastian, Justice Department, Consumer Protection Branch, who prosecuted the case.

Individuals with information relating to odometer tampering should call NHTSA’s Vehicle Safety Hotline at 888-327-4236. More information on odometer fraud, including prevention tips, is available on NHTSA’s website

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch.

For more information about the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, visit justice.gov/usao-md  and justice.gov/usao-md/community-outreach.

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Five Admit Aiding Overseas Scammers Who Targeted Elderly Victims

Source: United States Department of Justice Criminal Division

ST. LOUIS – Five people have admitted participating in a scheme that stole millions of dollars from elderly victims in ten states via a tech support scam.

Dariona Lambert, 23, Zhamoniq Stevens, 24, Chintankumar Parekh, 52, Mehulkumar Darji, 42, and Sital Singh, 43, have all pleaded guilty in the last month to one count of conspiracy to commit wire fraud. Darji did so Friday morning.

The conspiracy originated overseas, with scammers who contacted elderly victims via telephone calls and electronic messages, falsely claiming that the victims’ savings and retirement accounts had been compromised. They told their victims to transfer funds to the conspirators to keep their accounts secure, often via the purchase of gold bars or coins. The overseas conspirators would then send couriers to pick up the gold. Lambert and Stevens admitted being couriers. They were managed by Darji, Parekj and Singh, who admitted being the “handlers” who collected the gold and paid the couriers in cash.

The government believes that the overseas scammers netted $9.3 million from victims.

Scammers told one of the victims, an 82-year-old St. Louis woman, that they were a computer software support team and that her financial accounts had been compromised. They told her she needed to pay money to prevent her funds from being stolen, and transfer money into newly opened accounts before wiring money overseas. They also told her to buy about $250,000 worth of gold bars and sent Lambert to pick up the gold, the plea agreements say. On May 1, 2024, Lambert flew from Gainesville, Florida to St. Louis. Parekh rented a car and drove Lambert to a parking lot near the victim’s home, where Lambert switched to an Uber. Lambert was intercepted by law enforcement agents when she arrived at the victim’s home. After Parekh was alerted by Lambert that she had been apprehended, he fled to Pittsburgh.

Parekh admitted also working as a handler in gold bar pickups from victims in Yuma and Scottsdale in Arizona; Placentia and La Jolla in California; Largo, Florida; Chapel Hill, N.C.; and Pittsburgh, Penn.. Singh worked a handler in gold bar pickups from victims in Collierville, Tenn.; Universal City, Texas; and Greendale, Wisc.. Darji worked as a handler in gold bar pickups from Scottsdale, Largo and La Jolla, receiving three separate FedEx packages containing gold bars obtained from the Largo victim, it says. Lambert worked as a courier in Scottsdale; Placentia; La Jolla; Largo; Universal City; Hanover, Mass.; and Erie, Penn.. Stevens worked as a courier in gold bar pickups from victims in Yuma; La Jolla; Collierville; Largo; Greendale; Oxnard, Calif.; Long Island, N.Y.; and Cincinnati, Ohio.

Parekh and Darji are in the United States unlawfully. Parekh overstayed his work visa and Darji was removed from the country in 2014.

Lambert, Stevens and Parekh are scheduled to be sentenced in November, and Singh on December 3. Darji’s sentencing is set for December 22.

The wire fraud conspiracy charge carries a penalty of up to 30 years in prison, a $1 million fine or both prison and a fine.

This case was investigated by the FBI and Homeland Security Investigations in Tampa, Florida. Assistant U.S. Attorney Gwen Carroll is prosecuting the case.

If someone you know is a victim of a cyber scam, report it to the FBI. You can file the complaint online with the FBI’s Internet Crime Complaint Center at www.ic3.gov or use 1-800-CALL-FBI.

SDTX’s “Operation Pick-Off” comes to Laredo, resulting in nearly 30 criminal alien arrests, including convicted murderer

Source: United States Department of Justice Criminal Division

Initiative that started in the Rio Grande Valley expanded to five counties in Laredo area; continues to target illegal aliens who previously committed other crimes while unlawfully in the U.S.

LAREDO, Texas – A total of 28 people have been taken into custody for various immigration-related violations of federal law following a major enforcement action throughout Webb, La Salle, McMullen, Jim Hogg and Zapata Counties, announced U.S. Attorney Nicholas J. Ganjei.

Most are set to make their appearances before U.S. Magistrate Judge Brian Bajew in Laredo Sept. 29 at 9 a.m.  

The Southern District of Texas and FBI initiative known as Operation Pick-Off began in the Rio Grande Valley as a multi-agency immigration/violent crime effort targeting illegal aliens who are on state probation for other crimes. It was launched Aug. 22 in the McAllen and Brownsville areas and resulted in the arrests of nearly 80 people. An additional 28 individuals have now been arrested in the Laredo area as part of this continuing effort.

“States normally put offenders on probation or parole to give them a second chance. But when it comes to criminal illegal aliens, our focus should be repatriating them to their home country, rather them letting them walk the streets of our community to commit additional crimes,” said Ganjei. “Today’s operation was a win for public safety, but, as I said at the announcement of this initiative, the U.S. Attorney’s Office is not going to rest until we bring Pick-Off to all 43 counties of the Southern District of Texas. If you’re here illegally and have committed crimes in our communities, consider yourself warned. We are coming.”

The Laredo operation involved the arrests of 23 people who are allegedly in the country illegally after having been previously removed. The charges allege they were serving varying terms of probation following convictions for state crimes, such as drug offenses, human smuggling, fraud, burglary and aggravated assault.

One individual is a convicted murderer, according to court records, having been sentenced to 18 years in a Texas prison. He was removed to Mexico but allegedly reentered the United States after serving that sentence and was illegally residing in Laredo.  

If convicted, he and most of the others face up to 20 years in federal prison.

Law enforcement also identified and arrested five others illegally present in the country who are expected to be immediately removed from the country.

In support of Operation Pick-Off, the FBI, through its Summer Heat initiative, surged resources alongside its law enforcement partners to focus on intelligence-driven, multi-jurisdictional operations against priority targets.

“No single law enforcement agency can face today’s increasingly complex, dangerous, and far-reaching threats alone,” said Special Agent in Charge Aaron Tapp of the FBI San Antonio Field Office. “Operation Pick-Off reflects a unified and strategic law enforcement effort to protect the community from criminal illegal aliens. The FBI will continue to surge and mobilize resources to join our partners in protecting the homeland by enforcing our federal laws. The success of this operation was made possible by the unwavering commitment of the U.S. Attorney’s Office to securing our southern border.”

“This is what a whole-of-government approach looks like – federal, state and local agencies working together to increase public safety and make our communities safer one arrest at a time,” said Immigration and Customs Enforcement – Enforcement and Removal Operations Harlingen Field Office Director Juan Agudelo. “We are grateful for the collaborative efforts we saw today. This operation would not be possible without the support and assistance of the law enforcement partners we work with day in and day out to address complex threats facing our nation and achieve a shared goal.”

FBI – San Antonio Field Office, ICE Harlingen (Laredo Sub-Office) and Laredo Sector Border Patrol worked with the U.S. Attorney’s Office on the Laredo cases with assistance from ICE-ERO; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Customs and Border Protection; ICE-Homeland Security Investigations; Texas National Guard; Texas Department of Public Safety and Laredo Police Department.  

Assistant U.S. Attorneys from the Laredo Division are prosecuting the cases.

The collaborative effort is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhood.

A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. 

Assaults on federal agents and 55 aliens locked in a produce trailer among 505 cases recently filed in SDTX’s continuing border security efforts

Source: United States Department of Justice Criminal Division

HOUSTON – Between Sept. 19-25, a total of 511 individuals have been charged in immigration and related matters as part of ongoing enforcement actions along the South Texas border, announced U.S. Attorney Nicholas J. Ganjei. 

Among those are 180 people charged with illegally reentering the country. The majority have prior felony convictions for narcotics, violent crime, sexual offenses, prior immigration crimes and more. A total of 304 people are charged with illegal entry, while 16 others are alleged to have engaged in human smuggling. Other relevant cases include five individuals charged with other immigration-related matters, illegal fishing and assaults of officers.  

Two of those are Mexican nationals Juan Carmen Padron Mendez and Juan Carlos Padron Barron for allegedly strangling a Border Patrol agent while en route to a Houston-area detention facility. Court documents allege Mendez wrapped his arm around the agent’s neck as Barron grabbed their belongings and fled on foot before authorities apprehended both men. If convicted, they face up to 20 years in federal prison.

Another assault of on officer allegedly occurred Sept. 23. The criminal complaint alleges an Immigration and Customs Enforcement officer encountered Sindi Moreno-Flores and attempted to place her under arrest. She allegedly resisted and began scratching him and swinging her arm in order to strike him. The charges allege she was eventually placed into custody following a continued struggle that included a family member. The officer allegedly sustained deep scratches on his arm and hands.

“The Southern District of Texas has zero tolerance for those who assault law enforcement,” said Ganjei. “Let it be known: if you lay a hand on an officer, deputy, or federal agent, SDTX will do whatever it can to put you in federal prison for as long as the law will allow. You’ve been warned.”

Also charged this week are Brandon Lajohn Hargrove, Houston, and Jose Luis Castellanos-Hercules, an illegal alien from Honduras. They allegedly transported 55 illegal aliens in a hidden compartment in a produce trailer near San Ygnacio. According to the complaint, multiple heavy pallets blocked the access door and prevented them from being able to leave on their own. Once authorities discovered them, the aliens had to crawl through a small door to get out from behind the false wall. If convicted, Hargrove and Castellanos-Hercules could receive up to 10 years in federal prison. Several of the illegal aliens in the truck are also facing charges of illegal entry or reentry.

Others facing new criminal charges are four men discovered in the Rio Grande Valley. The complaints allege they attempted to unlawfully reenter the country within six months of their most recent removals. Mexican nationals Vicente Trejo-Rodriguez, David Flores-Garcia and Romeo Enrique Perez-Santacruz were previously removed March 14, Aug. 15 and Sept. 10, respectively, while Honduran national Enil Omar Guillen-Santos was removed May 10, according to the charges. Each allegedly has prior felony convictions, including identity theft, drug manufacturing and distribution, tampering with government records or possessing counterfeit permits.

Authorities also found two other Mexican nationals who had been previously removed in the McAllen area, according to the criminal complaints. Charges allege Leonardo Chavez-Sifuentes and Leobardo Perez-Fernandez have both been sentenced previously for illegal reentry crimes.

All six men face up to 20 years in federal prison, if convicted.

In addition to the new cases, Erik Villegas Cusi, a resident of Queretaro, Queretaro, Mexico, admitted he conspired with others in Mexico to smuggle fentanyl and cocaine during a family trip. Authorities discovered the drugs hidden in an aftermarket compartment in the undercarriage of his vehicle as he crossed the Internation Bridge No. 2 with his wife and minor son. He faces up to life in prison and a possible $1 million maximum fine. 

These cases were referred or supported by federal law enforcement partners, including Immigration and Customs Enforcement (ICE) – Homeland Security Investigations, ICE – Enforcement and Removal Operations, Border Patrol, Drug Enforcement Administration, FBI, U.S. Marshals Service and Bureau of Alcohol, Tobacco, Firearms and Explosives with additional assistance from state and local law enforcement partners.

The cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhood.

Under current leadership, public safety and a secure border are the top priorities for this district. Enhanced enforcement both at the border and in the interior of the district have yielded aliens engaged in unlawful activity or with serious criminal histories, including convictions for human trafficking, sexual assault and violence against children.  

The U.S. Attorney’s Office for the Southern District of Texas remains one of the busiest in the nation. It represents 43 counties and more than nine million people covering 44,000 square miles. Assistant U.S. Attorneys from all seven divisions including Houston, Galveston, Victoria, Corpus Christi, Brownsville, McAllen and Laredo work directly with our law enforcement partners on the federal, state and local levels to prosecute the suspected offenders of these and other federal crimes. 

An indictment or criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.