DOJ SealDepartment of Justice

United States Attorney John L. Ratcliffe
Eastern District of Texas

FOR IMMEDIATE RELEASE                          CONTACT:  DAVILYN WALSTON
WEDNESDAY, FEBRUARY 6, 2008               PUBLIC INFORMATION OFFICER
WWW.USDOJ.GOV/USAO/txe                                        PHONE: (409) 839-2538
                                                                                                 CELL: (409) 553-9881

FEDERAL GRAND JURY RETURNS INDICTMENTS
 IN THE EASTERN DISTRICT OF TEXAS

Federal Charges Include Disability Fraud and Importing Harmful Fish

 

            TYLER, TX – A federal grand jury returned several indictments this week on cases of federal violations in the Eastern District of Texas.
 
DALE A. LOWERY, 54, and BRENDA G. LOWERY, 48, both of Troup, were indicted on charges of theft of government property, concealment to secure benefits and false statement.  If convicted, each could receive imprisonment of not more than 10 years and a fine of not more than $250,000.

The grand jury indicted Dale and Brenda Lowery for Theft of Government Property, Concealment of an Event to Secure Disability Benefits and False Statement.  The indictment alleges that from March 2003 through June 2007, in Smith County, Texas, the Lowery's stole approximately $28,300.00 in Social Security Disability Benefit payments, for the benefit of a child, to which they were not entitled.  The indictment also alleges that they concealed the fact that the child was no longer living with them and that they made false statements to federal agents investigating the case.

This case is being investigated by the Social Security Administration, OIG, OI and Assistant United States Attorney Jim Noble is prosecuting the case.

            WILLIAM LAMAR STONER, 55, of San Antonio, was indicted on charges of importation of harmful fish without a permit.  If convicted, he could receive imprisonment of not more than 5 years and a fine of up to $20,000.00. 

            The indictment alleges that on three separate occasions in 2006 and 2007, Defendant transported Asian Grass Carp from Arkansas to Texas without securing the required permits in violation of Texas state law.  U.S. Fish and Wildlife had to destroy and recover the grass carp from five different water hazards at the Quail Creek Country Club in San Marcos, Texas due to the risk that a flood event on the San Marcos River would allow the fish to escape the golf course and threaten native vegetation, including endangered Texas wild rice.

This case is being investigated by the Arkansas Game & Fish Commission, Texas Parks & Wildlife and U.S. Fish and Wildlife.  The case is being prosecuted by Assistant United States Attorney Jim Noble.

            TIMOTHY TODD BRADY, 45, of Atlanta, Louisiana, was indicted on a charge of possession of contraband in prison.  If convicted, he could receive imprisonment of not more than 20 years and a fine of up to $250,000.00.

            The indictment alleges that on December 21, 2007, Defendant possessed approximately 8 grams of methamphetamine in the Gregg County Jail where he was being detained at the direction of the U.S. Marshal Service.

This case is being investigated by the Gregg County Sheriff's Office and the U.S. Marshal Service and is being prosecuted by Assistant United States Attorney Jim Noble.

            RICHARD ANTHONY SOARES, 49, of Houston, was indicted on a charge of driving while intoxicated, repeat offender.  If convicted, he could receive imprisonment of between two and 10 years in federal prison and a fine of up to $10,000.00.

            The indictment alleges Defendant was Driving While under the Influence at the Red River Army Depot.  Defendant had two prior DWI convictions in 1986.

This case is being investigated by the Red River Army Depot and is being prosecuted by Assistant United States Attorney Denise Simpson.

            CHARLES KEVIN CLAYTON, 32, of Texarkana, was indicted on charges of counterfeiting and forging obligations or securities of the United States and uttering counterfeit obligations and securities.  If convicted, he could receive up to 20 years in federal prison and a fine of up to $250,000.00.

            The indictment alleges that the Defendant attempted to pass a counterfeit $100 and was in possession of a counterfeit $20 in Texarkana, Texas.

This case is being investigated by the United States Secret Service and the Bowie County Sheriff's Office.  The case is being prosecuted by Assistant United States Attorney Denise Simpson.

EFRAIN FIGUEROA, 26, CARLOS NEVAREZ, JR., 35, FRANCISCO JAVIER FIGUEROA, 38, CESAR LUIS ALVAREZ, 33, FABIAN ARTHUR GONZALES, JR., 29, and TYRANNY TYREE JOHNSON, 29, all from the Dallas area, were indicted on charges of conspiracy to possess with intent to distribute more than 5 kilograms of cocaine, possession with intent to distribute more than 5 kilograms of cocaine, and possession of a firearm during and in relation to and in furtherance of a drug trafficking crime.  If convicted, each could receive from 10 years to life in federal prison and a fine of up to $2 million on the conspiracy and drug possession counts.  Each could receive up to 5 years in federal prison and a fine of up to $250,000.00 on the firearms possession charge.

            According to information presented by prosecutors, on February 1, 2008, Johnson was stopped for a routine traffic violation on IH-20 near the Hwy. 271 exit.  During the stop, law enforcement officials discovered hidden compartments in the vehicle which contained cocaine.  Further investigation led to search warrants being executed in the Dallas area which led to the seizure of additional cocaine, handguns and cash and the arrest of the other defendants. 

This case is being investigated by the Smith County Sheriff's Office and the Drug Enforcement Administration.  The case is being prosecuted by Assistant United States Attorney Bill Baldwin.
           
            It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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