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McALLEN,Texas – A U.S. deputy marshal has been arrested on allegations he disclosed theidentity of an undercover agent who infiltrated a Starr County drug traffickingorganization, United States Attorney Kenneth Magidson announced today.
Afederal criminal complaint was filed this morning against Deputy U.S. MarshalLucio Osbaldo Moya, 29, of Rio Grande City charging him with being an accessoryafter the fact and obstruction of a proceeding. He was arrested late thismorning and made his initial appearance just moments ago before U.S. MagistrateJudge Dorina Ramos. He is set to appear again this afternoon at 3:00 p.m. for abond hearing.
InJune 2011, a Homeland Security Investigations (HSI) agent posed as atractor-trailer driver and agreed to transport 1,800 pounds of marijuana inreturn for $50,000 for Francisco Javier Treviňo, 29, of Mission, and LauroArturo Treviňo, Sr., 60, of Roma. That shipment was eventually seized by agentsbut Treviňo Sr. later contacted the agent regarding the transportation ofanother load of marijuana.
Subsequently,Trinidad Dominguez, 43, and Juan Norberto Moya, 51, both of Roma, allegedlyasked Treviňo Sr. to get more information concerning the undercover agent.Treviňo Sr. then asked Treviňo to get a copy of the undercover agent’s driver’slicense, which he did, according to the complaint. Treviňo Sr. then got into anSUV and allegedly provided the license to its driver. A record check on theTexas license plate of that SUV showed that its registered owner was a brotherof Dominguez.
Accordingto the complaint, on Oct. 5, 2011, Deputy U.S. Marshal Moya showed up at workwith a copy of the undercover agent’s driver’s license. While at work, DeputyMarshal Moya allegedly approached another deputy marshal and told him aconfidential source had given it to him. He further allegedly stated the sourcewas transporting thousands of pounds of marijuana to Houston and that heprobably had a corrupt Border Patrol agent at the checkpoint because he hadnever been caught. Shortly thereafter, according to the complaint, DeputyMarshal Moya had an analyst obtain a color copy of the license and showed it toanother Deputy U.S. Marshal, atwhichtime Deputy Marshal Moya was told the person depicted in the driver’s licensewas an HSI agent.
Subsequently,Deputy Marshal Moya was interviewed by Department of Homeland Security - Officeof Inspector General agents. The criminal complaint indicates he stated thelicense was given to him not by a confidential source but by his father, JuanNorberto Moya. He further claimed his father got the copy from someone he onlyknew as “Lauro” and that the reason his father gave it to him was so he couldpass it along to another agency in an effort to become a confidential source.During the meeting, agents allegedly told Deputy Marshal Moya the HSI agent wasworking undercover conducting drug trafficking investigations and all agreed tokeep the information secret for the safety and well-being of the agent.
Accordingto the criminal complaint, Deputy U.S. Marshal Moya left the meeting andallegedly sent a text message to his father indicating that the person depictedin the driver’s license was a federal agent.
Duringthe course of the investigation, agents conducted a forensic examination ofDeputy U.S. Marshal Moya’s work computer. The examination allegedly showed thaton Oct. 5, 2011, he conducted several searches on “Yahoo” and “Facebook” of thename of undercover agent.DeputyU.S. Marshal Moya is charged with assisting his father by informing him of thestatus of the undercover law enforcement agent in order to hinder and preventhis apprehension, trial and punishment and that he did corruptly influence,obstruct and impede the due and proper administration of the law.
Moyafaces up to 20 years in prison and a possible $2.5 million fine if convicted ofbeing an accessory after the fact. He could also receive another five years infederal prison for obstruction of a proceeding, upon conviction as well as aanother $250,000 fine.
Thecase is being investigated by Homeland Security Investigations, Department ofJustice - Office of Inspector General and the FBI. Assistant United StatesAttorney Anibal J. Alaniz is prosecuted the case.
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