HARLINGEN, Texas (ValleyCentral) — An 11-count federal indictment has been unsealed, providing details into an alleged conspiracy known as ‘The Pool’ that prosecutors say used violence and threats to monopolize the transmigrante forwarding industry near Harlingen and Brownsville, federal prosecutors announced early Tuesday.
“As alleged, this criminal organization committed heinous acts of violence against those who would not participate in its illegal activities,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division.
The Department of Justice has announced the unsealing of the indictment, which charges 12 people in what the agency described as a long-running, multi-faceted conspiracy in the Los Indios border region.
Carlos Favian Martinez, 36, Mission; Marco Antonio Medina, 32, Rigoberto Brown, 38, and Miguel Hipolito Caballero Aupart, 70, all of Brownsville; Pedro Antonio Calvillo Hernandez, 47, Tamaulipas, Mexico; Roberto Garcia Villareal, 56, San Benito; Sandra Guerra Medina, 68, Rancho Viejo; and Mireya Miranda, 56, La Feria, conspired to fix prices and allocate the market for transmigrante services in violation of Section 1 of the Sherman Act, according to the indictment.
According to the USAO, the indictment “alleges they implemented price-fixing agreements and created a centralized entity known as ‘The Pool’ to collect and divide revenues among the conspirators.”
“The indictment charges that defendants monopolized an industry through horrific violence and threats of violence,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The department will use all the tools at its disposal – including Section 2 of the Sherman Act – to target anticompetitive conduct that undermines our country’s economic vitality and freedom.”
Transmigrante agency owners and industry participants who refused to charge the fixed prices, pay into the pool or pay an extortion tax were subjected to threats, intimidation and acts of violence against themselves and their families, employees, associates and businesses, according to the charges.
“Transmigrantes are individuals who transport used vehicles and other goods from the United States through Mexico for resale in Central America,” the US Attorneys Office in the Southern District of Texas said. “Transmigrante forwarding agencies are businesses that provide services to transmigrante clients, including helping those clients complete the customs paperwork required to export vehicles into Mexico.”
Martinez, Medina, Calvillo and Garcia, along with Diego Ceballos-Soto, 48, Matamoros, Mexico, and Carlos Yzaguirre, 63, Mission, were also charged with one count of conspiracy to interfere with commerce by extortion, federal prosecutors said Tuesday.
“The indictment alleges several violent acts perpetrated against transmigrante industry participants and individuals closely associated with them who disrupted the scheme or refused to pay the extortion fees,” the USAO stated. “Martinez, Ceballos-Soto and Yzaguirre were also charged with one count of interference in commerce by extortion. They allegedly forced one transmigrante agency owner to pay more than $80,000 for operating outside of the Pool and failing to pay the extortion tax.”
Martinez, Medina, Calvillo, Ceballos-Soto and Yzaguirre, along with Juan Hector Ramirez Avila, 32, and Jose de Jesus Tapia Fernandez, 44, both of Brownsville, were charged with money laundering conspiracy and substantive counts of money laundering related to the underlying scheme, the USAO stated.
HSI and the FBI are investigating the case.
“This case is further proof that organized crime is active and negatively impacting our communities,” Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI) San Antonio said. “These violent criminal organizations monopolized the transmigrante industry by using acts of violence, threats and even extortion. HSI employs a full range of law enforcement techniques and cross-border authorities to combat this egregious criminal activity. HSI and its law enforcement partners are committed to dismantling organized crime by eliminating their corrupt influence in our communities and protecting our nation’s borders.”