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March 21, 2007

PSJA ISD TRUSTEE AND OTHERS ARRESTED IN BRIBERY SCHEME

[McALLEN, TX] – A fifteen-count federal indictment charging a long-time Pharr San Juan Alamo Independent School (“PSJA-ISD) district trustee and two McAllen area businessmen with conspiracy, extortion, and bribery was unsealed today following the arrest of the three men by agents of the Federal Bureau of Investigation (FBI), United States Attorney Don DeGabrielle and FBI Special Agent in Charge Ralph G. Diaz annouced today.

PSJA-ISD trustee Rogelio “Roy” Rodriguez, 43, of Alamo, is accused of accepting money from McAllen-area architect José “Joe” Lopez, 53, and Pedro Armando Gutierrez, 38, a McAllen masonry contractor, in exchange for favorable, official votes and influence regarding PSJA-ISD contracts related to the design and construction of schools.

The three men were arrested by FBI agents early this morning without incident, and have appeared before a United States Magistrate Judge in McAllen, Texas. All three men are scheduled to appear before the Magistrate Judge on Thursday, March 22, 2007 for arraignment and bond hearing.

"Every citizen is victimized when their public officials fail to conduct themselves honestly,” said U.S. Attorney DeGabrielle. “These charges represent our continuing commitment to investigate allegations of fraud and corrupt practices in programs funded with federal dollars.”

The indictment, returned under seal on February 27, 2007 and unsealed today, charges all the defendants with conspiracy to commit extortion, mail fraud, and bribery concerning a federally funded governmental agency, and interstate travel in aid of a bribery scheme. PSJA-ISD, a large school district which receives substantial federal funds, is located in Hidalgo County, Texas. Rodriguez is accused of receiving cash payments totaling $65,000 from his co-defendants between 1997 and 2004 in exchange for the use of the official power of his elected office to arrange and assiste Lopez and Gutierrez with bids the submitted for PSJA-ISD design and construction contracts.

In addition to the conspiracy count, Rodriguez and Lopez are charged with two count of extortion and two counts of bribery in relation to a federal program. Rodriguez is also charged with Gutierrez in two additional and separate counts of extortion and two additional and separate counts of bribery in relation to a federal program. Rodriguez alone is charged with six counts of money laundering in which he is accused of concealing the source of certain bribe payments through various financial transactions.

If convicted of the conspiracy charge, all three defendants face a maximum sentence of five (5) years in federal prison; each counts of extortion carries a maximum sentence of twenty (20) years in federal prison, and each bribery in relation to a federally funded governmental program charge carries a maximum ten (10) year term of imprisonment upon conviction. All counts also carry a maximum fine of $250,000. There is no parole in the federal system.

The case was investigated by agents with the McAllen Office of the Federal Bureau of Investigation, the McAllen office of the Criminal Investigation Division of the Internal Revenue Service, and the Dallas office of the Department of Education--Office of the Inspector General, and is being prosecuted by Assistant United States Attorney Larry Eastepp of the Public Corruption Section of the U.S. Attorney’s Office.

An indictment is a formal accusation of criminal conduct, not evidence. The defendant is presumed innocent unless and until convicted through due process of law.

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