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criminal division

Bryan Best
Criminal Division Chief

The majority of work in the district is prosecution of criminal cases. These criminal matters are referred by federal investigative agencies or developed through investigating and prosecuting other cases. Criminal matters are also referred by state and local law enforcement agencies. The responsibility to prosecute criminal violations of the laws of the United States requires that we work closely with investigative agencies to ensure a coordinated and effective law enforcement response to the problems of crime and violence in the district. Prosecution priority is on crime threats that have exclusive federal jurisdiction or are uniquely national or international in dimension.

The following sections, designed to implement the prosecution priorities of the office, comprise the Criminal Division:

Major Offenders
Ed Gallagher, Deputy Chief

The mandate of Major Offenders is to investigate and prosecute a wide variety of offenders, from felons in possession of firearms to criminal organizations.

AUSAs of the Strike Force coordinate investigations and prosecutions of international organized crime groups whose purpose is to obtain power, influence, monetary and/or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption and/or violence. Their focus is on groups that threaten the national security of the United States, the stability of the U.S. economy and/or integrity of government institutions, infrastructure or systems in the United States.

The Immigration Crimes Unit is comprised of AUSAs and two ICE SAUSAs with extensive experience in the investigation and prosecution of immigration crimes, including violent offenders who illegally reenter the United States, smuggling organizations, visa and document fraud violators and hostage taking. The Human Trafficking Rescue Alliance focuses on those who traffic in human beings through commercial sex or labor servitude.

The Anti-Gang Task Force focuses on violent prison and street gangs and emerging international gangs.

The Gun Violence Unit includes carrying out the Attorney General’s national anti-violent crime strategy through Project Safe Neighborhoods. Federal statutes relating to felons and aliens in possession of firearms and any possession in furtherance of a violent or drug-related crime are prosecuted by attorneys assigned to this unit.

The General Crimes Unit prosecutes a wide variety of federal offenses including murder, assault, kidnapping, threats, bank robbery, crimes aboard aircraft and ships, passports/visas, counterfeiting of currency, bribery, FEMA fraud, impersonating federal agents, mail fraud and identity theft. A SAUSA from the U.S. Postal Service supports this unit and handles a variety of postal offenses, including theft of mail and crimes committed by postal employees.

The Child Exploitation Unit includes carrying out the Attorney General’s national anti-child exploitation crime strategy through Project Safe Childhood. Federal statutes relate to child pornography, Project Innocence Lost and domestic trafficking for sexual exploitation, and the proliferation of technology-facilitated sexual exploitation crimes against children and those who fail to register as sex offenders. A SAUSA from the Texas Attorney General’s Office is assigned to this unit.

Each of the above units within Major Offenders rely upon a wide range of investigative agencies including the FBI, ICE, IRS, Postal Inspectors, Secret Service, ATF, DEA, State Department-Diplomatic Security Service and a host of local and state agencies.

Fraud Section
Jim Buchanan, Deputy Chief

AUSAs of the White Collar Enforcement section bring a tremendous wealth of talent to the investigation and prosecution of fraud. Prosecutors are assigned early in an investigation, often working with multiple agencies that pool investigative resources, to work with the special agents, maintaining responsibility for the cases from their inception through the completion of trial.

Corporate Fraud Task Force AUSAs are committed to the investigation and prosecution of corporate entities and executives who intentionally mislead the investing public by engaging in deceptive accounting, insider trading and falsification of corporate financial information. In the wake of fraudulent activities that led to the fall of Enron and the demise of Anderson and with its wealth of energy companies, the national spotlight has focused on the SDTX. The Corporate Fraud Task Force responded with the ongoing investigation of the energy trading industry, which resulted so far in the conviction natural gas traders formerly employed by The El Paso Corporation, Dynegy Inc. and Reliant Energy.

AUSAs assigned to the Major Fraud section handle only the most serious fraud cases that present a significant federal interest. Working tirelessly to protect the interests of the U.S. and the citizens of the district, major fraud prosecutors target identity thieves, telemarketers, tax evaders and persons engaged in insurance fraud, bank fraud, wire fraud, mail fraud and fraud committed against federal agencies.

Health Care Fraud section AUSAs work closely with agents from the FBI, DHHS, the Texas Attorney General’s Office and the Medicare/Medicaid Fraud Task Force to ensure the integrity of the programs that provide health care for the nation’s poor, disabled and elderly. The aggressive pursuit of doctors and other health care professionals, home health care services, ambulance companies, medical equipment suppliers and physical therapy clinics that fraudulently bill Medicare or Medicaid millions of dollars for services that were never rendered are a primary focus of this section. Recent convictions have resulted in prison time for doctors accepting kickbacks and owners of durable medical equipment companies for falsely billing Medicare for motorized wheelchairs that were unnecessarily prescribed.

OCDETF/Narcotics Enforcement  
Michael Wright, Deputy Chief

This section is comprised of Assistant United States Attorneys who focus their extensive prosecutorial experience toward the proactive investigative and prosecution of members and participants of large drug trafficking and money laundering organizations. The majority of cases handled by Assistant United States Attorneys in this section are those that have been designated as “Organized Crime Drug Enforcement Task Force” or “OCDETF” cases. However, other long-term non-OCDETF proactive investigations and prosecutions are also handled by Assistant United States Attorneys in the section.

The primary focus of the OCDETF/Narcotics section is to assist federal, state, and local law enforcement agencies in conducting long-term and complex investigations and prosecuting and dismantling major drug trafficking and money laundering organizations. The Assistant United States Attorneys in this section are designated OCDETF attorneys. OCDETF attorneys are located throughout the District, specifically, Houston, Corpus Christi, McAllen, Brownsville, and Laredo. The Southern District of Texas is part of the Southwest Region of the national OCDETF program. The Southwest Region includes all districts in Texas, New Mexico, Arizona, and California. The coordinator for the Southwest Region is an Assistant United States Attorney from the Houston Office of the Southern District of Texas.

Although the vast majority of the efforts of Assistant United States Attorneys within this section are directed toward proactive enforcement, they also handle reactive cases. In this context, Assistant United States Attorneys in this section respond to the needs and inquiries of all the federal investigative agencies of the District to address issues affecting search, arrest, and prosecution of individuals engaged in less complex day-to-day drug trafficking and money laundering activities. These cases typically do not arise from the longer-term proactive and/or OCDETF investigations described above. Examples of these types of cases include, but are not limited to, those arising from airports, seaports, and bus stations and through border interdiction efforts.

Asset Forfeiture/Financial Litigation  
Sue Kempner, Deputy Chief

The forfeiture Assistant United States Attorneys work closely with criminal prosecutors, federal agencies and state and local law enforcement to identify and forfeit the instrumentalities, profits and proceeds of criminal activity. The mission of asset forfeiture is three-fold:

•  deter crime by depriving criminals of the financial benefit of illegal activity,

•  eliminate a criminal organization's financial ability to continue its illegal activity, and

•  restore property to victims of criminal activity as permitted by law.

The asset forfeiture attorneys prosecute civil and criminal forfeiture of ill-gotten gains derived from federal crimes, including drug trafficking, organized crime, fraud, corruption, immigration violations and child exploitation. The Southern District of Texas is consistently among the top districts in the United States in forfeiture recoveries. Equitable sharing is an important feature of the federal forfeiture program, and permits forfeited property to be shared with state and local agencies assisting in the forfeiture. Through equitable sharing, forfeited funds are used to further certain state and local law enforcement efforts and programs.

The collection Assistant United States Attorneys, paralegal, and debt collection agents are primarily responsible for enforcing the restitution and fine orders imposed in criminal cases, and for collecting judgments and penalties awarded to the United States in a variety of civil cases, including delinquent student and small business loans, environmental penalties, and bankruptcy judgments. The collection section for this district recovered over $26 million in 2005 and over $30 million in the first half of 2006 in fines, penalties, and outstanding obligations owed to the United States .

Special Prosecutions
Glenn Cook, Deputy Chief

This group consists of a cadre of experienced, seasoned and talented Assistant United States Attorneys who are charged with developing and prosecuting some of the District's most sophisticated and high-profile cases. Among its priorities, this section handles investigations and prosecutions related to Terrorism and National Security, the Department of Justice's number one priority. This group is also responsible for the prosecution of cases in the areas of Public Corruption, Civil Rights and Environmental Enforcement.

Assistant United States Attorneys who handle Anti-Terrorism matters are led by the District's Anti-Terrorism Advisory Council (ATAC) Coordinator and are assisted by a highly trained Intelligence Research Specialist (IRS). This group of specialized prosecutors works closely with federal, state and local law enforcement officers assigned to Joint Terrorism Task Forces (JTTFs) located in Houston and McAllen . In an attempt to prevent the occurrence of terrorist activity in the Southern District of Texas and elsewhere, Assistant United States Attorneys assigned to this group investigate and prosecute individuals with known links to international and domestic terrorism. Prosecutors in this section have also prosecuted special interest aliens, smugglers and persons involved in the illegal and unlawful exportation of prohibited technology. Perpetrators of elaborate hoaxes who threaten innocent people with the use of weapons of mass destruction also faced the bar of justice by our Assistant United States Attorneys.

The ATAC leverages the information it acquires from the Counter Terrorism Section at Main Justice, the JTTF, and Department of Homeland Security (DHS) to actively coordinate and disseminate information to ATAC partners. The ATAC holds regularly scheduled meetings and that address the most current terroristic threats and concerns. ATAC members receive weekly intelligence summaries and special bulletins authored by the District's IRS. The ATAC also provides training to its partners and sends prosecutors to universities and community organizations to make presentations on the USA PATRIOT Act and other Anti-Terrorism laws. This district's ATAC has been recognized by Main Justice and other United States Attorney's Offices as a model to be used by ATACs around the country.

Assistant United States Attorneys assigned to the Public Corruption area are responsible for the investigation and prosecution of public officials, employees, and others involved in activities constituting an abuse of public office or corrupt practices. Assistant United States Attorneys in this specialized area of prosecution prosecute elected officials and public employees for corrupt practices including drug trafficking by law enforcement officials, misuse of grant funds by the grantee, extortion and bribery.

The Civil Rights/Election Fraud area of prosecution focuses on the investigation and prosecution of persons for violations of federal criminal civil rights statutes and election law. The types of cases prosecuted in this specialized area include excessive use of force by a law enforcement officer and cross burnings by private persons.

The final area of specialized prosecutions is Environmental Enforcement. Assistant United States Attorneys in this highly regulated and technical area of the law prosecute persons engaged in the release of hazardous waste into United States waterways; the illegal transportation of hazardous waste; and violations of the laws protecting endangered species.

This district has consistently managed one of the busiest criminal litigation dockets in the nation. Through criminal prosecutions, the office actively addresses the most pressing crime problems of the district and the nation and is generally guided by the priorities of the Attorney General.