Montoya Details the Charges Against Villalobos and Lucio

Interestingly, Mean Mister Brownsville and a few friends with CAVA, Citizens Against Voter Abuse were working a booth outside the courthouse as Villalobos, Lucio and a few aids came out.  It was nearly 6:00 pm.  Mary Helen Flores offered Villalobos the packet about CAVA.  Jason Moody, recognized me with:  "Hi Jim"  When I mentioned that we had everything set up at the table in case Armando wanted to sign the agreement not to use politiqueras.  Moody said "I don't know.  It's been a long day."  Just how long a day it actually was is detailed in Juan Montoya's latest report on the El Rrun Rrun blog:

VILLALOBOS INDICTMENT CHARGES HE TOOK MORE THAN $100,000 IN BRIBES FROM ATTORNEYS

By Juan Montoya

As his supporters clamored across the street from the federal courthouse, Cameron County District Attorney Armando Villalobos emerged after being in federal custody and posting a personal unsecured $50,000 bond set by a federal magistrate.
His former law partner, lawyer Eddie Lucio – were charged in a 12-count indictment contained in a 34-page sealed indictmentunder the Racketeer Influenced andCorrupt Organizations Act (RICO) withrunning a continuing criminal enterprise using the district attorney's office as a vehicle for the criminal enterprise.
Lucio's bond was also set at $50,000.
Also named in the indictment is Person 1 identified from previous federal indictments as Limas, Persons G, and E, two unnamed local attorneys.The government has stated that it will seek at least $112,000 in restitution from Villalobos and Lucio and will seek forfeiture in other property if the defendants cannot come up with the cash.

Below is a listing of the racketeering counts:

Count 1.
– Engaged in operating a criminal enterprise (the county DA's office) to illegally generate income for the defendants and others associated with the enterprise, through bribery and extortion, favoritism, improper influence, personal self-enrichment, self-dealing, concealment and conflict of interest. Villalobos is identified as the Kingpin of the operation.. Lucio is identified as an associate in the enterprise and participated in paying bribes and kickbacks to Villalobos.
– Oct. 2, 2006-Dec. 25, 2007: Accepted $80,000 as consideration for the exercise of discretion in a criminal prosecution (Amit Livingston), including fashioning the terms of a plea agreement to include sentencing at the time a guilty plea was entered by the criminal defendant, a civil settlement in the companion civil case in the amount of the cash bond that had been posted, and the release pending self-report by the defendant to prison, all to permit the cash bond to be used to satisfy the civil judgement.
– Oct. 2, 2006 -Dec. 25, 2007: Offered to give, and did agree to offer and confer onto another person (Limas) approximately $9,600 or $9,700 as consideration for the exercise of judicial discretion to keep silent after acquiescing in the terms of a plea agreement to include sentencing at the time of a guilty plea was entered by a criminal defendant (Livingston) and to allow the cash bond posted ($500,000) to be used to satisfy the civil judgement in a companion case where Lucio was the attorney.
– June 27, 2008-Sept. 30-2008: Knowingly solicited and accepted an aided and abetted in the solicitation and acceptance from another approximately $10,000 in two separate payments of $5,000 one from defendant Lucio and one from Person G, in consideration of releasing seized money to pay $42,000 to Lucio and Person G.– May 6, 2010-May 20, 2010: accepted $5,000 in cash and $5,000 as a campaign contribution which was a portion of some $512,870 of seized money taken from a residence
– Nov. 2008-Feb. 2011: Took $5,000 from Person G in consideration for favorable decisions regarding his clients– Jan. 1, 2009-Dec. 31, 2009: Accepted $2,000 in consideration for issuing favorable prosecution decisions regarding clients of Limas
– April 2009-January 2011: accepted $5,000 from person E for favorable prosecution decisions

Count 2: Conpiracy

Villalobos and Lucio are charged with participating in a criminal activity in the conduct of the affairs of that enterprise through a pattern of racketeering activity.

Count 3: Honest Services Fraud

The government charges under this count that Lucio and Villalobos devised a scheme and artifice to defraud the citizens of Cameron County of the intangible right of honest and faithful services through kickbacks and the concealment of material information. Prosecutors charge that Villalobos sought to secretly use his official position to enrich himself by soliciting and accepting gifts, payments , and other things of value from attorneys and defendants in exchange for favorable official action, and for the attorneys and defendants to enrich themselves by secretly obtaining favorable official action for themselves through corrupt means.
(This count relates to the Amit Livingston case where Lucio filed a wrongful death lawsuit and then Villalobos agreed to have the murderer plead guilty to criminal charges for a sentence of 23 years. According to the plea agreement, Livingston would be allowed to remain free for 60 days before being taken into custody. The $500,000 bond posted by Livingston would be used to settle the civil suit with $300,000 going to the children of the murder victim and $200,000 to be paid Lucio. Later, Lucio remitted $80,000 to Villalobos in two payments from the proceeds of the civil case.)

Count 4: Hobbs Act

Villalobos under the color of official right did obtain $200,000 in exchange for the performance and nonperformance of official acts

Count 5: Hobbs Act

Villalobos and Lucio enabled Person 1 (Limas) to obtain property to which he was not entitled, namely approximately $9,600 or $9,700 plus another $1,000 in exchange of performance or nonperformance of judicial acts ]

Count 6: Honest Services Fraud (Money Truck)

Villalobos and Lucio devised a scheme to defraud the citizens of Cameron County by Villalobos allowing Lucio and person G file an answer to a civil forfeiture action against a yellow Freightline tractor and trailer and approximately $900,000 in cash that had been seized in Cameron County. Villalobos agreed to settle the case returning the tractor trailer and $42,000 each to Lucio and Person G. Each paid Villalobos $5,000 in consideration of the settlement in the case.

Count 7: Hobbs Act (Money Truck)

Lucio and Villalobos did intentionally obstruct, delay and affect interstate and foreign commerce under the color of the law in the Freightline settlement.

Count 8: Honest Service Fraud (The Money House):

From May 6 to May 20, 2011, Villalobos is charged with arranging to have Person G file an answer to a forfeiture action against a house at 8 Lucy Circle and $514,870 and agreed to settle the forfeiture case returning the house along with $97,000 to Person G.

Count 9: Hobbs Act (The Money House)

Villalobos is charged with obstructing interstate and international commerce when he, under color of official right, agreed to consent to returning the house at Lucy Circle and $97,000 to Person G in return for two payments of $5,000 each.

Count 10: Hobbs Act (Fixing cases for Person G):

From November 2008 through February 2011, Villalobos is charged with obstructing interstate and international commerce by accepting multiple payments totaling $5,000 in exchange for performance and nonperformance of official acts.

Count 11: Hobbs Act (Fixing cases for Person 1-Limas)

From January 1, 2009 to December 31, 2009, Villalobos is charged with accepting multiple payments totaling about $8,000 to fix cases for clients of Limas.

Count 12: Hobbs Act (Fixing cases for Person E):

From April 2009 to January 2011, Villalobos is charged with accepting some $5,000 in exchange for performance or nonperformance of official acts on behalf of the clients of Person