Three more sentenced in wide-ranging scheme to monopolize international transit industry

McALLEN, Texas – Three Texas residents have been sentenced in connection with a long-running and violent conspiracy to monopolize the transmigrante forwarding agency industry in the Los Indios border region, located near Harlingen and Brownsville, announced U.S. Attorney Nicholas J. Ganjei.

They and others controlled the transmigrate industry through fear, monopolization and extortion of competitors and laundered proceeds from the conspiracies. 

Pedro Antonio Calvillo Hernandez, 50, McAllen, and Mireya Miranda, 59, San Antonio, pleaded guilty to conspiracy to illegally fix prices and allocate the market for transmigrante forwarding agency services and conspiracy to monopolize the transmigrante market. Hernandez also admitted to conspiracy to interfere with commerce by extortion and received 37 months, while Miranda was ordered to serve 10 months on home detention. Jose de Jesus Tapia Fernandez, 47, Brownsville, was sentenced to 31 months in prison after pleading guilty to a money laundering conspiracy through which extortion proceeds were laundered.

Hernandez and Miranda must also pay a $75,000 fine, while Fernandez was ordered to pay $50,000. Restitution will be determined at a later date.

“Price fixing is an attempt to distort the market in favor of the fixer and to the detriment of basically everyone else. Although such market manipulation is bad enough, it is even worse when brought about through threats and violence,” said Ganjei. “The Southern District of Texas will work tirelessly to prosecute such criminal syndicates and to ensure markets along the Texas-Mexico border remain free, fair, and open.”

“The danger and the harm to the American people by the use of violence and extortion to fix prices and monopolize the market for an essential service in the Texas border region cannot be understated,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “Today’s sentences demonstrate the Antitrust Division’s commitment to pursuing incarceration for both white-collar and violent criminals who seek to exploit America’s free markets.”

“The FBI remains committed to combatting the use of threats, violence and corrupt business practices such as price-fixing that harm honest business owners and undermine fair competition,” said Special Agent in Charge Aaron Tapp of the FBI’s San Antonio Field Office. “Together with our law enforcement partners, we will leverage each other’s expertise and capabilities to dismantle every facet of transnational criminal organizations.”

“These sentencings reaffirm our unwavering commitment to safeguarding economic integrity at our nation’s borders,” said Special Agent in Charge Craig Larrabee of Immigration and Customs Enforcement - Homeland Security Investigations (ICE-HSI) San Antonio. “By dismantling an enterprise that thrived on extortion and price fixing, we are ensuring that honest businesses can compete on a level playing field. This case exemplifies how corruption in niche industries can have far-reaching effects, and HSI will continue to pursue those who abuse the system for profit.”

Transmigrantes transport used vehicles and goods from the United States through Mexico for resale in Central America. Only a few U.S. border crossings, including the Los Indios Bridge, allow transmigrantes to enter Mexico.

Transmigrante forwarding agencies are U.S.-based businesses that help clients complete customs paperwork to export vehicles into Mexico. Co-conspirators fixed prices for forwarding services and created a centralized entity, known as the “pool,” to collect and divide revenue among conspirators. They used the pool to eliminate competition and raise prices.

Some also conspired to force forwarding agencies to pay money to the pool and to pay other extortion fees including a “piso” for every transaction processed in the industry as well as a fine for operating in the market outside of rules. The conspirators perpetrated acts of intimidation, coercion and violence in furtherance of the antitrust and extortion conspiracies.

To date, five others have been convicted, four of whom have already been sentenced in the case, including the leader - Carlos Martinez, 39, McAllen, who received an 11-year prison term.

Three others - Rigoberto Brown, Miguel Hipolito Caballero Aupart and Diego Ceballos-Soto were also charged in the superseding indictment and remain fugitives. Anyone with information about their whereabouts is asked to contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.

The Justice Department’s Antitrust Division, the Criminal Division’s Violent Crime and Racketeering Section (VCRS), U.S. Attorney’s Office for the Southern District of Texas, ICE-HSI and FBI conducted the investigation.

Assistant U.S. Attorney Alexander L. Alum prosecuted the case along with Trial Attorneys Anne Veldhuis, Brittany E. McClure and Michael G. Lepage and Senior Litigation Counsel John Davis of the Antitrust Division and VCRS Trial Attorney Christina Taylor. 

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.