Man Illegally Residing in the United States Convicted of Attempting to Entice a Minor on Social Media

A man illegally residing in the United States was found guilty Wednesday in federal court of attempting to persuade an 11-year-old online to engage in sexual activity. Two years earlier, the defendant had also molested the child while she stayed at a friend’s house.

A jury convicted Agustin Nieto Regalado, 47, of Tulsa, for attempted coercion and enticement of a minor and for possession of a false lawful permanent resident card.

In April 2019, the victim’s mother grew suspicious of a Facebook message her daughter received from a man she knew as “Marcos Diaz.” The mother conversed with Diaz, pretending to be her daughter. Diaz acknowledged the child’s age and described sexual acts he wanted to engage in with the victim. He further offered to pay for the sex acts, asked for explicit pictures and described how he had previously molested the child. Marcos Diaz, who was really Agustin Nieto Regalado, also took sexually explicit photos of himself and sent them to “the girl.” The mother reported the encounter to authorities.

“The defendant, an illegal alien in our country, chose to proceed to jury trial, a right afforded him in the United States Constitution. Today, a jury delivered justice in the form of guilty verdicts,” said U.S. Attorney Trent Shores of the Northern District of Oklahoma. “Mr. Regalado came into our country illegally and then enticed, coerced and sexually molested children. Despicable.”

“Homeland Security Investigations special agents don’t initiate criminal investigations based on someone’s citizenship, we do so because of the alleged criminal activity and we will never relent in our efforts to protect children from anyone that attempts to exploit them,” said Ryan L. Spradlin, special agent in charge of HSI Dallas.  “HSI’s Operation Predator program is designed to target anyone who sexually exploits children.”

“Our ERO officers are specifically trained and dedicated to locating and removing criminal aliens in the United States,” said Marc J. Moore, ERO Dallas field office director.  “Once this convicted criminal completes whatever prison sentence is imposed, we will ensure he’s removed to his country of origin.”

During the trial, Lieutenant Jeremy Noland of the Tulsa Police Department’s Cyber Crimes Unit explained that detectives took over the girl’s Facebook account once the mother reported Regalado. He described how Regalado continued to message the girl, not knowing that he was actually messaging detectives. A meeting location was set by the parties. When Regalado arrived at the location, he was taken into custody by detectives. The defendant was found in possession of a forged permanent resident card with the alias of Marcos Diaz and immigration documents with the name Agustin Nieto Regalado.

During the trial, testimony was heard that Regalado was also caught several times engaging in suspicious activity with other children.

In closing, Assistant U.S. Attorney Christopher Nassar shared with the jury how the victim and her family, who are immigrants, came to the United States in search of opportunities and a better life. He described a country that promises justice for all who come. He asked the jury to deliver justice for the victim and find Regalado guilty of all charges.

U.S. District Judge Claire V. Eagan presided over the trial and set sentencing for Feb. 24. Regalado faces 10 years to life in federal prison and a $250,000 fine for the enticement charge. 

The Tulsa Police Department’s Cyber Crimes and Child Crisis Units and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) and  Enforcement and Removal Operations (ICE-ERO) are the investigative agencies. Assistant U.S. Attorneys Christopher Nassar and Edward Snow prosecuted the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.