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Enforcement Action Dataset

 

Initiation Date:    08/16/2016  Information

Prosecuting Agency:    U.S. Department of Justice

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    16-cr-00409

Court:    S.D. Texas

Name of Prosecuting Attorneys:   

  • Arthur Jones, Assistant United States Attorney, SD Texas
  • Christopher Cestaro, Trial Attorney, Fraud Section, Criminal Division
  • Kevin R. Gingras, Trial Attorney, Fraud Section, Criminal Division
  • Jesse Salazar, Assistant United States Attorney, SD Texas

US Assisting Agencies:   

  • Internal Revenue Service
  • Department of Justice - Criminal Division's Office of International Affairs
  • U.S. Immigration and Customs Enforcement

Foreign Enforcement Action/Investigation:    Unknown

Foreign Assistance:    Unknown

Origin of the Proceeding:    Unknown

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Douglas Ray was a citizen of the United States and the president and an owner of Aviation Corporation A from around 2002 through in or around May 2016. Aviation Corporation A was a United States company that provided aircraft maintenance, repair, overhaul, and related services to customers in the United States and Mexico, including the Government of Tamaulipas and other foreign state governments in Mexico as well as a Mexican law enforcement organization.

Victor Hugo Valdez Pinon was a citizen of Mexico and an agent of Aviation Corporation A from at least in or around 2006 through in or around September 2016.

Ernesto Hernandez Montemayor was an employee of the Government of Tamaulipas, one of the thirty-one states that comprise Mexico. Montemayor had responsibility for maintaining the Tamaulipas Government's aircraft between in or around 2005 through in or around December 2010.

Between 2006 and 2016, Ray, Pinon and others paid bribes to Mexican officials in order to secure parts and servicing contracts with Mexican government-owned customers for Aviation Corporation A. Ray agreed to pay bribes to at least seven different foreign officials, including Ernesto Hernandez-Montemayor. Ray, the foreign officials, and others took steps to conceal the bribe scheme, including by hiding the amount of the bribe payments in inflated invoices submited to the foreign officials.

Ray, Pinon, and others also paid bribes and kickbacks to employees, agents, and representatives of privately owned entities located in the United States and Mexico in order to obtain and retain business for Aviation Corporation A. The cost of the bribery payments were hidden in inflated invoices that Aviation Corporation A submitted to its customers.

In total, Ray, Pinon, and others (including Daniel Perez and Kamta Ramnarine, who were charged separately) paid more than $2 million in bribes to Mexican officials, including Montemayor and Ramiro Ascencio Nevarez, in order to secure aviation maintenance, repair and overhaul contracts.

Ray and Pinon pleaded guilty on Oct. 28 and Oct. 26, 2016, respectively, to conspiring to violate the FCPA and conspiring to commit wire fraud. On March 2, 2017, the court sentenced Pinon to a year and a day in prison and ordered Pinon to pay a $100 mandatory assessment and total restitution of $90,783.50 to Aerolineas Maros, Aerovics, N501Rs Aircraft, Inc., and Aero McFly. The court also entered a preliminary order of forfeiture against Pinon on February 23, 2017, ordering him to forfeit $275,000 to the U.S. government. On April 18, 2017, the court sentenced Ray to 18 months in prison to be followed by 3 years of supervised release and ordered Ray to pay restitution of $589,698.87 to Aerolineas Maros, Aerovics, N501Rs Aircraft, Inc., Aero McFly, and WRRCO as well as a mandatory special assessment of $200 to the court. The court also entered a preliminary order of forfeiture against Ray on April 3, 2017, ordering him to forfeit $2,089,699 to the U.S. government. Ray and Pinon were jointly and severally liablie for $90,872.50 of the total restitution amount.

In related proceedings, Ramnarine and Perez both pleaded guilty on November 2, 2016 to one count of conspiring to violate the FCPA. Ramnarine and Perez are scheduled to be sentenced on January 30, 2017. On December 9, 2015, Montemayor pleaded guilty to one count of conspiracy to launder money. Montemayor is currently scheduled to be sentenced on January 12, 2017. Nevarez pleaded guilty to one count of conspiracy to commit money laundering and was sentenced to 15 months in prison on May 27, 2016.

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