Comments on Current Events In Criminal Law from the Federal Criminal Courts in Texas

August 25, 2008

MEMBERS OF BRYAN/COLLEGE STATION ALIEN TRAFFICKING ORGANIZATION PLEAD GUILTY

(LAREDO, Texas) – Members of the Ortiz family alien trafficking organization, based in Bryan/College Station, Texas, have pleaded guilty to federal alien trafficking charges, United States Attorney Don DeGabrielle announced today. Immigration and Customs Enforcement (ICE) initiated an investigation into the organization in January 2005, which ultimately revealed a large-scale alien smuggling operation that since 1999 has transported hundreds of undocumented aliens from the Mexican border to the Bryan, Texas, area.

Defendants Porfirio Ortiz, 37, Calixtro Ortiz, 52, Bernardino Ortiz, 49, and Sandra Ortiz, 32, all of Bryan; and Christopher Gene Torres, 24, of Kingsland, all pleaded guilty today to count one of the Indictment, charging them with conspiracy to transport undocumented aliens for commercial advantage or private financial gain. Sentencing is set for Nov. 20, 2008.

On Jan. 17, 2005, a black 1990 Ford F-250 hauling a horse trailer, driven by Tyler Ross Severn, 28, of Bryan, arrived at the highway 16 Border Patrol checkpoint, south of Hebbronville, Texas. Upon noticing a suspicious arrangement of hay blocking the view of the front area of the trailer, the agent peered inside and observed four adults and an infant, who were later identified as illegal aliens from Mexico. Severn told agents Porfirio Ortiz hired him to transport undocumented aliens from Rio Grande City to Hebbronville. Severn drove the truck and trailer to Rio Grande City and loaded the five aliens into the trailer, who were to pay Porfirio Ortiz $2,500 each, of which Severn was to receive $300 per person. Severn was to deliver the aliens to Manuel Antonio Valles, 36, also of Bryan, in Hebbronville. Upon locating and arresting Valles, agents searched his vehicle and found a notarized letter, hand-written by Porfirio Ortiz, in which Porfirio requested the return of his horse trailer that had been seized in a previous alien smuggling apprehension in December 2004 in Laredo, Texas.

Severn explained that by the time he was apprehended in 2005, he had made numerous trips transporting illegal aliens for the Ortiz family. Calixtro Ortiz served as a guide for the aliens and would hand the aliens off to Severn at a house in Rio Grande City, who would then transport the aliens to Bryan, where Porfirio or Bernardino Ortiz would pay him. Severn took agents to the house in Rio Grande City where they spoke with the owner, Maria Bazan, 35, of Bryan, and Calixtro Ortiz. Bazan admitted she ran the stash house in Rio Grande City and that Calixtro Ortiz paid her $30 per day per alien she housed. Valles was convicted by Jury on June 2, 2005 and sentenced to 30 months, while Severn pleaded guilty March 8, 2005, and sentenced to 12 months. Bazan also pleaded guilty March 8, 2005, but has not yet been sentenced.

In this organization’s typical mode of smuggling, the defendants either drove loads themselves or recruited drivers, such as Torres and Charles Salyers, 30, of College Station, to transport the aliens in a horse trailer with a live horse, designed to make the trip look legitimate. The aliens were then transported through one of the South Texas Border Patrol checkpoints on the way to Bryan, normally hidden in the tack room at the front of the trailers. Often, drivers would transport multiple loads of aliens to Bryan in a single day. Drivers hired by the defendants revealed to investigators they had been paid as much as $70,000 each for their services.

From Bryan, the undocumented aliens would then travel to their destinations throughout the United States. Family members of the aliens paid the smuggling fees by Western Union wire transfer to Ortiz family members or associates in Bryan. In total, investigators recovered receipts for approximately $800,000 in Western Union money transfers from families of smuggled aliens to the Ortiz organization in Bryan.

More than 40 U.S. Border Patrol and Highway Patrol seizures of undocumented aliens in South Texas have now been linked to the Ortiz organization.

Darcy Ortiz Quezada, 24, of Bryan, and Salyers previously entered guilty pleas in Laredo to the same count of the indictment and will be sentenced Nov. 3, 2008. The alleged leader of the conspiracy, Baudel Ortiz, 31, of Bryan, until recently was a fugitive. However, on Aug. 17, 2008, he was apprehended in Bryan and was presented for initial appearance in federal court in Laredo on Aug. 19. His detention hearing is set for Aug. 26, 2008, at 10:00.

The statutory maximum penalty for each violation of Title 8, United States Code, §1324(a)(1)(B)(i), is a maximum term of imprisonment of not more than 10 years, a maximum $250,000 fine and a term of supervised release of up to three years.

This case is the result of an investigation conducted by agents of ICE and is being prosecuted by Assistant United States Attorney Robert S. Johnson.