The United States Attorney's Office

ARCHITECT PLEADS GUILTY IN PSJA-ISD BRIBERY SCHEME

(MCALLEN, Texas) – McAllen-area architect José “Joe” Lopez pleaded guilty to charges contained in a federal indictment arising from a bribery scheme allegedly involving Rogelio “Roy” Rodriguez, a long-time trustee with the Pharr San Juan Alamo Independent School District (PSJA-ISD), United States Attorney Don DeGabrielle announced today. 

Lopez, 53, and Pedro Armando Gutierrez, 38, a McAllen masonry contractor, were accused of paying bribes to Rodriguez, 43, Alamo, in exchange for favorable, official votes and influence regarding PSJA-ISD contracts related to the design and construction of schools.  PSJA-ISD, a large school district which receives substantial federal funds, is located in Hidalgo County, Texas.
 
The original indictment, unsealed March 14, 2007, charged Lopez and Gutierrez with conspiracy to commit extortion, mail fraud and bribery concerning a federally-funded governmental agency, with interstate travel in aid of a bribery scheme and with separate counts alleging extortion and bribery concerning a federally-funded governmental agency.  The indictment alleges that between 1997 and 2004, Rodriguez received as bribes, cash payments totaling $65,000 from Lopez and Gutierrez in exchange for the use of the official powers of his elected office in arranging and assisting Lopez and Gutierrez in bids for PSJA-ISD design and construction contracts.

Lopez pleaded guilty to one count of extortion contained in a one-count superseding indictment that involved a $15,000 payment to Rodriguez alleged to have been made through a third party.  Gutierrez pleaded guilty to the conspiracy count involving payments made to Rodriguez for contracts received by a masonry company Gutierrez headed Aug. 24, 2007 .
 
For the extortion conviction, Lopez faces a maximum sentence of 20 years per count in federal prison.  Gutierrez faces a maximum sentence of five years in federal prison for the conspiracy conviction.  Each count of conviction also carries a maximum fine of $250,000.  There is no parole in the federal system.  U.S. District Judge Ricardo H. Hinojosa, who presided over today’s hearing and Gutierrez’s re-arraignment, has set sentencing for Lopez Dec. 5, 2007.  Gutierrez is scheduled to be sentenced Nov. 7, 2007 at 9:30 a.m. 

Lopez and Gutierrez, who were released on bond shortly following their March 2007 arrests, have been permitted to remain free on bond pending sentencing. 

Rodriguez has pleaded not guilty to the charges alleged in this indictment and is set for trial on Nov. 6, 2007.  An indictment is a formal accusation of criminal conduct, not evidence.   Rodriguez is presumed innocent unless and until convicted through due process of law.

The case was investigated by agents with the McAllen Office of the FBI, the McAllen office of the Criminal Investigations Division of the Internal Revenue Service, the Dallas office of the Department of Education--Office of the Inspector General and is being prosecuted by Assistant United States Attorney Larry Eastepp of the Public Corruption Section of the U.S. Attorney’s Office.

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