Press Release
FORMER ICE AGENT PLEADS GUILTY IN KICKBACK, OBSTRUCTION SCHEME
April 3, 2009
FOR IMMEDIATE RELEASE
R. Alexander Acosta, United States Attorney for the Southern District of Florida, Steven J. Mocsary, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, and Donald J. Balberchak, Special Agent in Charge, U.S. Department of Homeland Security, Office of Inspector General, announced that defendant Pedro Cintron, 52, of Weston, FL, pled guilty today to charges of receiving a gratuity by a public official, in violation of Title 18, U.S.C. § 201(c)(1)(B). Sentencing is scheduled before United States District Court Judge Jose E. Martinez on July 13, 2009.
According to the proffer during the change of plea hearing, defendant Cintron was employed as a Special Agent with the U.S. Immigration and Customs Enforcement, Office of Investigations (“ICE-OI”), and was assigned to the Miami office. Cintron was assigned to an investigative group that focused on human smuggling organizations based domestically and internationally.
According to the factual proffer made in open court, in 2004, Cintron was the controlling agent of a confidential informant (“CI”), who provided significant information regarding human trafficking organizations based in Ecuador. As part of on-going investigations, the CI agreed to introduce Cintron to members of the various human smuggling organizations. ICE agreed to financially compensate the CI for his services. As the alien smuggling investigations progressed, however, Cintron asked the CI for certain financial favors. For example, in late 2004, Cintron instructed the CI to deliver $300 to Cintron’s girlfriend in Ecuador. In addition, the CI gave Cintron a gold bracelet valued at $800, and obtained cellular telephones for Cintron’s girlfriend in Ecuador, as requested by Cintron. The source of funds for the gifts and money were the funds that the CI received from his official activities on behalf of ICE- OI. From late 2004 until January 2006, Cintron received a 10% commission based on the $125,000 total payment he received for his undercover work with ICE-OI.
In addition, Cintron solicited gratuities from a second confidential informant, A.W., who also provided ICE with intelligence regarding human trafficking organizations operating in Ecuador and other foreign countries. On May 19, 2005, Cintron solicited a kickback payment from A.W., who complied and paid Cintron $3000. On June 3, 2005, Cintron again asked A.W. for another payment and A.W. paid the defendant $4000.
In addition to securing unauthorized payments from the two confidential informants, Cintron also obtained unauthorized funds from a fugitive target of investigation. In August of 2005, ICE- OI initiated an investigation of Yongquan Fang, a/k/a “Alex,” for alien smuggling. On December 9, 2004, a federal grand jury sitting in Miami, Florida, returned an superseding indictment in Case No. 04-20964-Cr-King charging Yongquan Fang, a/k/a “Alex,” and others with alien smuggling for profit, in violation of Title 8, United States Code, Section 1324(a)(2)(B)(ii), and conspiracy to commit the same, in violation of Title 18, United States Code, Section 371. Arrest warrants were issued for Fang and his co-defendants.
In December, 2005, Cintron, met with Fang in Lima, Peru, and negotiated the smuggling of additional aliens into the United States. Separate and apart from his undercover activities, Cintron met Fang privately and solicited $12,000 in cash as a purported advance fee to smuggle an additional four aliens into the United States. After the unsanctioned payment, some time elapsed and Fang had not heard from Cintron. Consequently, Fang attempted to contact Cintron in Miami to retrieve his $12,000. Cintron explained to Fang that his accounts were frozen and that he was unable to pay Fang back. He further informed Fang that United States Immigration was looking for him and that Fang had to be careful because he was under investigation. Consequently, Cintron warned Fang not to travel into the United States. When later questioned by his fellow agents and superiors who sought Fang’s location in an effort to apprehend the fugitive, Cintron falsely stated that he had not been in contact with Fang and was unable to locate him, which Cintron knew to be false.
The defendant faces a maximum sentence of two years’ imprisonment and a possible fine in the amount of $250,000.
This case was investigated by agents from U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, and the Department of Homeland Security, Office of the Inspector General, Miami Division. This case is being prosecuted by Assistant U.S. Attorney Christopher Clark.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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