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

January 14, 2008

FORMER BP AGENT AND HIS WIFE CHARGED WITH TRANSPORTING ALIENS

(LAREDO, Texas) - David Cruz, 32, a former Border Patrol agent stationed in Laredo, and his wife, Susana Lopez-Portillo De Cruz, 35, have been arrested as a result of warrants issued following the December 2007 return of a sealed indictment charging them with conspiring with others to transport and harbor illegal aliens, United States Attorney Don DeGabrielle and Immigration and Customs Enforcement (ICE) Special Agent in Charge Jerry Robinette announced today.

David Cruz, a Border Patrol (BP) agent assigned to the Laredo sector for U.S. Customs and Border Protection until his resignation in September 2007, and his wife were arrested by ICE agents at their Laredo area residence Thu., Jan. 10. The three-count indictment was unsealed this morning during their initial appearance before U.S. Magistrate Judge Diana Saldana. A third defendant, Bertha Alicia Esquivel, a.k.a. “La Guera,” 39, charged with David and Susana Cruz, was arrested Wed., Jan. 9. All three defendants have been ordered temporarily detained without bond pending a hearing set for Jan. 17 at 9:30 a.m.

The three-count indictment charges all three defendants with three counts of conspiring with one another to transport and harbor groups of illegal aliens for the purpose of financial gain. Each count alleges the defendants conspired with one another on three separate occasions in 2007: Jan. 23, July 21 and Sept. 7 to transport loads ranging from seven to 10 aliens. A total of 25 aliens were allegedly transported and harbored by the defendants as a result of these three alleged instances. If convicted of any one of the three charges, each defendant faces a maximum of 10 years imprisonment and a $250,000 fine.

The investigation leading to the charges and the arrests are the result of the investigative efforts the ICE Office of Professional Responsibility in San Antonio and the Laredo ICE Office of Investigations. Assistant U.S. Attorney James McAlister will prosecute the case.

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