Case Closed Archive

Madera-Manteira

Einsling Javier Madera-Manteira, 35, of Houston, was convicted of evading motor fuel tax and unlawful use of a criminal instrument.

On July 21, 2023, the defendant and his co-defendant utilized a pulsar tampering device to steal approximately 97 gallons of gasoline. The defendant delivered the illegally acquired fuel into a vehicle modified to receive, transport and deliver large quantities of unlawfully appropriated motor fuel.

A Burleson County district judge sentenced Madera-Manteira to four years’ incarceration for evading motor fuel tax, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000, and four years’ incarceration for unlawful use of a criminal instrument, a third-degree felony punishable by two to 10 years in prison and a fine up to $10,000. The sentences will run concurrently in the Texas Department of Criminal Justice, and the defendant was given 302 days jail time credit.

Martinez-Delrisco

Yurisman Martinez-Delrisco, 29, of Arlington, was convicted of engaging in organized criminal activity.

Between November and December 2023, the defendant and his co-defendants illegally acquired fuel by using pulsar tampering devices and stolen credit card information. The defendant utilized vehicles modified for the purpose of acquiring, transporting and delivering motor fuel.

A Delta County district judge sentenced Martinez-Delrisco to five years’ incarceration (with 256 days jail time credit) for engaging in organized criminal activity, a first-degree felony punishable by five to 99 years in prison and a fine up to $10,000. The sentence will be served in the correctional institution division of the Texas Department of Criminal Justice.

Reed

Antwan Chane Reed Jr., 29, of Memphis, Tenn., was convicted of evading motor fuel tax and transporting motor fuel without shipping documents.

On Jan. 30, 2023, the defendant manipulated a fuel dispenser pump with a factory remote control device.

A Cass County district judge sentenced Reed Jr. to three years’ incarceration (with 36 days jail time credit) and a $2,000 fine for transporting motor fuel without shipping documents and evading motor fuel tax, both second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000.

The sentence will be served in the correctional institution division of the Texas Department of Criminal Justice.

Delacruz

Duniesky Vizcay Delacruz, 39, of Corpus Christi, was convicted of evading motor fuel tax and theft of a petroleum product valued at less than $10,000.

In July 2023, the defendant intentionally and knowingly evaded motor fuel tax by illegally acquiring approximately 97 gallons of diesel fuel using a pulsar tampering device. The defendant delivered the fuel into an auxiliary fuel tank in his vehicle.

A Burleson County district judge sentenced Delacruz to 4 years’ incarceration for evading motor fuel tax and 12 months incarceration for the theft of petroleum, to run concurrently, and Delacruz was given 220 days’ jail time credit.

Palacio

Johnny Alberto Palacio, 61, of Houston, was convicted for engaging in a motor fuel transaction without a license.

In January 2022, the defendant intentionally and knowingly engaged in a motor fuel transaction of about 45 gallons of fuel, which was delivered into an auxiliary fuel tank of a pickup, with intent to act as a motor fuel transporter without a license.

A Harris County district judge sentenced Palacio to 10 years of incarceration for engaging in a motor fuel transaction without a license, a third-degree felony punishable by two to 10 years in prison and a fine up to $10,000.

The defendant will serve the sentence in the Texas Department of Criminal Justice system.

Santos-Legon

Benitez-Hernandez

Joxan Santos-Legon, 44, of Miami, Fla., and Julio Benitez-Hernandez, 31, of Tampa, Fla., were convicted of engaging in organized criminal activity.

In April 2023, the defendants along with two or more persons collaborated to evade the backup motor fuel tax liability on illegally appropriated diesel fuel by installing a manipulation device inside the fuel pump dispenser. An investigation determined that Santos-Legon and Benitez-Hernandez knowingly transported motor fuel without a cargo manifest or shipping documents.

A Franklin County district judge sentenced Santos-Legon and Benitez-Hernandez to 17 years’ incarceration for engaging in organized criminal activity, a first-degree felony punishable by five to 99 years in prison and a fine up to $10,000.

The sentences will be served in the institutional division of the Texas Department of Criminal Justice. Santos-Legon was credited with 310 days of jail time served. Benitez-Hernandez was credited with 306 days of jail time served.

Marlon Michel Cargallea-Prieto, 22, of Austin, was convicted for evading motor fuel tax, a second-degree felony punishable by two to 20 years in prison and a fine of up to $10,000, in two different counties.

In July 2023, the defendant illegally appropriated approximately 1,848 gallons of diesel fuel valued around $6,000 by tampering with the fuel dispenser's pulsar in Gonzales County.

A Gonzales County district judge sentenced Cargallea-Prieto to two years in prison.

In August 2023, the defendant illegally appropriated about 300 gallons of diesel fuel valued at $1,172 by using a pulsar manipulation device. The diesel fuel was delivered into an auxiliary fuel tank concealed under a rug on a bus floor.

A Burleson County district judge sentenced Cargallea-Prieto to four years’ incarceration at the Texas Department of Criminal Justice system.

In December 2022, the defendant intentionally and knowingly evaded a tax imposed on motor fuel by failing to pay the backup diesel tax liability. Valdes parked his van directly above an underground fuel tank, lowered a hose and syphoned approximately 218 gallons of illegally appropriated fuel.

A Dallas County district judge sentenced Valdes to two years of incarceration for the count, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000. The defendant will serve the sentence in the Texas Department of Criminal Justice system.

Anyero Evelio Escalona, 27, of Dallas was fulfilling his three years’ probated sentence on a 10-year prison sentence for the second-degree felony offense of evading or attempting to evade motor fuel tax.

On or about July 17, 2023, the defendant committed the offense of evading arrest with a vehicle and abandoning/endangering a child.

Escalona violated his court-ordered community supervision as it relates to his original charge, and a Dallas County judge sentenced him to 6 years’ confinement in the Texas Department of Criminal Justice.

Jorge Ramirez Urtiaga, 33, of Port Arthur was convicted for evading motor fuel tax, transporting motor fuel without a cargo manifest and unlawful use of a criminal instrument.

In August 2021, the defendant intentionally and knowingly evaded a tax imposed on motor fuel by failing to pay the backup diesel tax liability and transporting without a cargo manifest or shipping documents. Urtiaga’s van was modified to receive, transport and dispense large quantities of motor fuel.

A Navarro County district judge sentenced Urtiaga to 12 years of incarceration for the first two counts, both second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000. The judge sentenced Urtiaga to 10 years of incarceration for Count III, unlawful use of a criminal instrument (i.e., van), a third-degree felony punishable by two to 10 years in prison and a fine up to $10,000.

The sentences will run concurrently, and the defendant will serve the sentence in the Texas Department of Criminal Justice system.

Adan Naranjo-Ramos, 31, of Odessa was serving five years’ probation for the second-degree felony offenses of motor fuel tax evasion and transporting motor fuel without shipping documents when a motion was filed to adjudicate both felonies for committing the offense of aggravated assault with a deadly weapon.

On or about June 19, 2023, the defendant committed the offense of aggravated assault with a deadly weapon against a family member by ramming the victim's vehicle with his vehicle, and on or about July 13, 2023, he committed the offense of theft of mail from 10 addresses or fewer.

Naranjo-Ramos pleaded true to violating terms of his probation, and an Ector County judge sentenced him to 12 years confinement in the Texas Department of Criminal Justice for the two probation revocations and to two years for aggravated assault. The sentences will run concurrently.

Gary Wayne Little, 34, of Gainesville was convicted of acquiring and unlawfully appropriating 100 gallons of diesel fuel.

In June 2022, the defendant confessed to siphoning approximately 100 gallons of diesel fuel from semi-trucks’ saddle tanks parked in a trucking yard and transporting the fuel in multiple storage containers. Little evaded motor fuel tax by failing to pay the backup tax as required for illegally appropriating diesel fuel and transporting motor fuel without a cargo manifest or shipping documents.

A Cooke County district judge sentenced the defendant to seven years’ incarceration for transporting motor fuel without a cargo manifest or shipping documents and evading or attempting to evade motor fuel tax, both second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000.

The sentence will be served concurrently in the institutional division of the Texas Department of Criminal Justice. Little was credited with 180 days of jail time served.

Bobby Dion Mitchell, 57, of Bastrop was convicted for forging a government treasury warrant.

In June 2020, the defendant forged and attempted to cash a state agency-issued warrant at two local gas stations. During a voluntary interview, Mitchell stated he was authorized to endorse the warrant, but further investigation revealed it was endorsed and cashed without the victim’s consent.

A Bastrop County district judge sentenced the defendant to six years’ confinement for forgery, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000. The sentence will be served concurrently in the institutional division of the Texas Department of Criminal Justice.

Charles Brandon Wells, 34, of Hearne was convicted for acquiring and illegally transporting approximately 140 gallons of untaxed, red-dyed diesel fuel.

In June 2021, investigators observed the defendant dispensing stolen, red-dyed diesel fuel into the supply tank of the suspect vehicle. Wells departed the property in the suspect vehicle with two auxiliary fuel tanks in the bed of the vehicle. Officers made contact with the defendant. Wells admitted to stealing the fuel and storing it in the two fuel tanks. The vehicle was outfitted with a pump and two hoses to receive, transport and dispense fuel.

In Texas, non-taxable diesel is dyed red to distinguish it from taxable diesel. Red-dyed diesel is authorized almost exclusively for off-road, agricultural use by permit holders only.

A Robertson County district judge sentenced the defendant to three years’ confinement for evading or attempting to evade motor fuel tax and transporting motor fuel without shipping documents, both second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000.

The sentence will be served concurrently in the institutional division of the Texas Department of Criminal Justice. Wells was ordered to pay $290 in court costs and credited with 86 days of jail time served.

Syed Zahed Hossain, 70, of Arlington pleaded guilty to making threats against and assaulting a public servant.

A CID investigator responded to the alleged aggravated assault against a Comptroller’s Enforcement Division tax compliance officer conducting official state business at the suspect’s business. The tax compliance officer was discussing the taxpayer’s account when Hossain forced unwanted contact with physical assault, according to reports.

The tax compliance officer planned to de-escalate the confrontation by leaving the premises in her vehicle, when the suspect attempted to prevent her from leaving by threatening her with a knife. The victim safely left the business despite the danger.

Hossain was originally charged with aggravated assault against a public servant, a first-degree felony punishable by five to 99 years in prison and a fine up to $10,000. He pleaded guilty to the lesser offense of assault on a public servant, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000.

A Tarrant County district judge sentenced him to 4 years deferred adjudication, a $400 fine and 240 hours of community supervision.

Pedro Serrano-Echevarria, 43, of Dallas was arrested on a motion to adjudicate guilt warrant for violating terms of his original five years’ deferred probation for evading motor fuel tax and transporting motor fuel without a shipping manifest.

In April 2021, the defendant violated the terms of his probation by being arrested for a new penal code offense in Wise County. In March 2023, a Cooke County district judge sentenced Serrano-Echevarria to 20 years in the institutional division of the Texas Department of Criminal Justice after adjudicating his guilt on the original charges of evading motor fuel tax and transporting motor fuel without a shipping manifest, both second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000.

Court documents revealed that the defendant violated the terms of his deferred sentence by being charged with fraudulent use/possession of identifying information of no more than five items. He also failed to complete the required community service hours.

Nilson Quintanilla Rodriguez, 32, of Katy was convicted for evading motor fuel tax, fraudulent possession of credit card or debit card information and unlawful use of a criminal instrument.

In September 2022, the defendant used counterfeit cards to illegally purchase 119 gallons of diesel fuel worth $525 from a chain convenience store in League City. Rodriguez’s flatbed truck was modified with the bed as the actual fuel tank itself, capable of holding hundreds of gallons of fuel. The vehicle was equipped with an electric pump, hose, nozzle and meter.

A Galveston County district judge sentenced Rodriguez to two years’ confinement for evading or attempting to evade motor fuel tax and fraudulent possession or use of more than 10 but fewer than 50 items of credit/debit card information, both second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000, and unlawful use of a criminal instrument (i.e., flatbed truck), a third-degree felony punishable by two to 10 years in prison and a fine up to $10,000.

The sentences will run concurrently, and the defendant will serve two years for the three charges in the institutional division of the Texas Department of Criminal Justice. Rodriguez was ordered to pay $921 in court costs and fees. He was also credited with 154 days of jail time served.

Luis Ochoa Cabrera, 61, of Houston was convicted for evading motor fuel tax and credit card or debit card abuse.

In February 2021, the defendant was observed using a counterfeit card to purchase diesel fuel and Cabrera confirmed that he was not carrying any permits. A motor fuels tax inspection revealed that the entire bed of his truck was retrofitted to conceal a 350-gallon fuel tank. The vehicle was outfitted with a pump, fuel hose, fuel nozzle and digital meter to deliver fuel to another vehicle, according to reports.

A Lee County district judge sentenced Cabrera to five years’ confinement for evading or attempting to evade motor fuel tax, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000, and one year for credit card or debit card abuse, a felony punishable by confinement in a state jail for six months up to two years and a fine up to $10,000.

The two sentences will run concurrently and be served in the institutional division of the Texas Department of Criminal Justice. Cabrera was ordered to pay $2,000 in fines along with $355 in court costs and fees. He was also credited with 308 days of jail time served.

Cabrera is under indictment with prosecution still pending in multiple Texas counties for similar crimes.

Lopez

Martinez-Smith

Carla Castillo Lopez, 24, of Port Arthur and Adrian Gumersindo Martinez-Smith, 31, of Houston were convicted of evading motor fuel tax, transporting motor fuel without a cargo manifest or shipping documents and unlawful use of a criminal instrument.

In August 2021, the defendants attempted to evade the backup motor fuel tax liability on illegally appropriated diesel fuel. An investigation determined that Lopez and Martinez-Smith knowingly transported 238 gallons of motor fuel without a cargo manifest or shipping documents. Their vehicles were modified to receive, transport and dispense fuel.

A Navarro County district judge sentenced Lopez and Martinez-Smith to six years’ incarceration for evading or attempting to evade motor fuel tax and transporting motor fuel without a cargo manifest or shipping documents, second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000, and unlawful use of a criminal instrument, a third-degree felony punishable by two to 10 years in prison and a fine up to $10,000.

The sentences will run concurrently and be served in the institutional division of the Texas Department of Criminal Justice. Lopez was credited with 245 days of jail time served. Martinez-Smith was credited with 423 days of jail time served.

Maribel Longoria, 40, of Henrietta recently resigned from office and pleaded guilty for failing to maintain the required records related to motor vehicle sales tax and registration fees as the elected Clay County tax assessor-collector.

From 2018 to 2021, an audit revealed that the defendant routinely filed late reports and remitted late tax payments. A criminal investigation determined that Longoria was not filing reconciliations of accounts with the county auditor and failing to make deposits as required by the Texas Local Government and Tax codes, causing a substantial risk of loss to the state.

A Clay County district judge granted Longoria deferred adjudication and sentenced her to three years’ probation. Under a plea agreement, the four counts of misapplication of fiduciary property greater than $300,000 were reduced to misapplication of fiduciary property greater than $2,500 but no more than $30,000, a felony punishable by confinement in a state jail for six months to two years and a fine up to $10,000. Longoria was ordered to pay $327 in court costs and fees.

Adrian Diaz, 36, of Dallas was convicted of engaging in organized criminal activity, transporting motor fuel without shipping documents and engaging in a motor fuel transaction without a permit or license.

After pleading guilty in January 2021, he was sentenced to five years’ probation for all three charges. Diaz was arrested on June 4, 2022, by Dallas PD for other charges that violated the terms of his probation.

A Dallas County district judge sentenced Diaz to five years for engaging in organized criminal activity, a first-degree felony punishable by five to 99 years in prison and a fine up to $10,000; two years for transporting motor fuel without a cargo manifest or shipping documents, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000; and two years for engaging in a motor fuel transaction without a permit or license, a third-degree felony punishable by two to 10 years in prison and a fine up to $10,000, as part of a plea agreement.

The three sentences will run concurrently and be served in the institutional division of the Texas Department of Criminal Justice. Diaz was ordered to pay $1,061 in court costs and credited with 320 days of jail time served.

Osley Alvarez-Morales, 35, of Irving was convicted of evading motor fuel tax, transporting motor fuel without shipping documents and possession/use of a criminal instrument.

In August 2020, the defendant attempted to evade the backup motor fuel tax liability on illegally appropriated diesel fuel using counterfeit credit/debit cards. In December 2021, Dallas PD observed him illegally appropriate a large quantity of diesel fuel with counterfeit credit/debit cards and deliver it to a residence. In March 2022, he knowingly transported 900 gallons of motor fuel without a cargo manifest or shipping documents. His box truck was modified to receive, transport and dispense fuel.

A Dallas County district judge sentenced Alvarez-Morales to five years’ incarceration for evading or attempting to evade motor fuel tax and transporting motor fuel without a cargo manifest or shipping documents, second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000, and unlawful use of a criminal instrument, a third-degree felony punishable by two to 10 years in prison and a fine up to $10,000. Additional motor fuel tax felonies were dismissed as part of a plea deal.

The sentences will run concurrently and be served in the institutional division of the Texas Department of Criminal Justice. Alvarez-Morales was ordered to pay $286 in court costs and credited with 137 days of jail time served.

Erasmo Millan Roldan, 28, of Houston admitted to using re-encoded cards to illegally purchase diesel fuel from a Katy chain grocery store.

In February 2021, Katy police witnessed the defendant acquiring the fuel and determined that he was not carrying any permits or licenses. His pickup truck was outfitted with a large tank mounted in the bed along with pumps, hoses and nozzles. The vehicle had been modified to receive, transport and dispense motor fuel. Officers confiscated numerous counterfeit cards that did not belong to him.

A Harris County district judge sentenced him to two years in prison for the second-degree felony of fraudulent use/possession of credit/debit card information of more than 10 but less than 50 items. The sentence will be served in the institutional division of the Texas Department of Criminal Justice. He was credited with one year jail time served. The charge of attempting to evade motor fuel tax was dismissed as part of his plea agreement.

CID assisted Katy police with this investigation.

Leobardo Rodriguez, 48, of Pecos was arrested on a motion to adjudicate guilt capias warrant for violating terms of his original six years’ deferred probation for motor fuel tax evasion while using red dyed diesel fuel to operate a motor vehicle on public highways.

In September 2021, Rodriguez pleaded true to violating the terms of his probation. A Reeves County district judge sentenced him to 10 years in the institutional division of the Texas Department of Criminal Justice probated for six years for motor fuel tax evasion, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000.

The court documents revealed that Rodriguez violated terms of his deferred sentence by being charged with allegedly committing theft of property over $750 but less than $2,500 by the Reeves County Sheriff’s Office. He also failed to comply with the terms of his probation by not notifying his probation officer of his arrest, paying all his fines and court costs and completing the required community service hours.

Chery Morin-Alarcon, 48, of Hialeah, Fla., will spend time in prison for unauthorized purchases of diesel fuel.

In February 2020, Baytown police detained the defendant for using a counterfeit card in large, fraudulent transactions to obtain a sizable volume of diesel fuel. His pickup truck bed was modified with an auxiliary fuel tank to receive, transport and dispense motor fuel.

A Harris County district judge sentenced him to five years in prison for fraudulent use/possession of credit/debit card information of more than 10 but less than 50 items, a second-degree felony, and three years for credit/debit card abuse against the elderly, a third-degree felony. Both sentences will be served concurrently in the institutional division of the Texas Department of Criminal Justice. He was credited with eight months’ jail time served. The charge of engaging in a fuel transaction without a license was dismissed as part of his plea agreement.

Maikel Orlans Abad-Suarez, 41, of Pasadena was serving three years’ probation for the second-degree felony offense of evading motor fuel tax when he found himself back in court.

In November 2020, Abad-Suarez was jailed for violating the terms of his probation. He had allegedly violated a protective order and committed assault with bodily injury (family violence) — both Class A misdemeanors — as well as allegedly found fraudulently possessing more than 10 but less than 50 counterfeit credit or debit cards, a second-degree felony.

He pleaded true to violating terms of his probation and a Harris County judge sentenced him to two years in the institutional division of the Texas Department of Criminal Justice for the felony offense of motor fuel tax fraud. He pleaded guilty to the new felony offense of fraudulent use/possession of credit or debit cards and will also serve two years on this charge. Both sentences will be served concurrently. He was also sentenced to 310 days in the Harris County jail for violating a protective order. The assault charge was dismissed as part of the plea deal.

Illegally selling tax-free motor fuel didn’t put Blake Blaha, 29, of Highland Village behind bars — at first.

In July 2014, after learning of a Craigslist ad for motor fuel, CID conducted a sting operation in Midland, Texas. Together with officers from the Permian Basin’s FBI Oilfield Theft Task Force, an undercover officer purchased diesel fuel from the defendant at a convenience store.

Further investigation revealed Blaha was using a stolen fuel fleet card from his previous employer to unlawfully acquire and then sell the motor fuel without collecting motor fuel tax.

Blaha was originally given community supervision. However, after violating the terms of his probation a Midland County judge sentenced him to three years for evading motor fuel tax, a second-degree felony, and to nine months for credit card abuse. Both sentences will be served in the institutional division of the Texas Department of Criminal Justice.

A Dallas man will spend several years behind bars for using gas pump skimmers and “cloned” charge cards to acquire and resell large quantities of diesel fuel to truckers.

On July 9, a Dallas County district judge sentenced Eddy Xavier Burgos-Torres, 25, to five years in prison for engaging in organized criminal activity. In his judicial confession, he admitted to committing motor fuel tax fraud with three or more individuals. Consequently, the offense was enhanced from the original second-degree felony to a first-degree felony punishable by five to 99 years in prison and a fine up to $10,000.

Burgos-Torres and a co-defendant were indicted last fall for using re-encoded charge cards to fraudulently obtain more than 100 gallons of diesel fuel from various fueling locations in and near Grand Prairie in late July 2020.

The defendants obtained diesel fuel using counterfeit credit card information and delivered it for use in semi-tractor trailers located at a Grand Prairie truck yard.

Dismissed in the plea agreement were additional charges of transporting motor fuel without a cargo manifest or shipping documents and fraudulent use or possession of more than 10 but fewer than 50 items of identifying information, both second-degree felonies punishable by two to 20 years in prison and a fine up to $10,000; and engaging in a motor fuel transaction without a permit or license, a third-degree felony.

A Fort Worth man who used drugs while on probation is now in prison for previously not paying taxes on diesel fuel.

In March, Jor-El Robert Blackmon, 41 , was sentenced concurrently in a Tarrant County district court to two two-year prison terms and assessed more than $2,100 in fines and court costs. He was credited with 45 days’ jail time served.

Blackmon admitted possessing between one and four grams of cocaine in May 2019. That charge, along with the tax violation, was brought forward in January because he failed to successfully complete an intensive outpatient treatment program late last year, having tested positive three times for methamphetamine in December 2019 and January 2020.

In September 2019, Blackmon pleaded guilty to motor fuel tax evasion, unlawful use of dyed diesel fuel and drug possession, receiving deferred adjudication (no final conviction) and eight years’ probation. He also was fined $500 and ordered to pay fees and court costs.

Evading motor fuel tax is a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine. Delivering dyed diesel into a motor vehicle for use on a public highway and possessing more than one gram, but less than four grams, of a controlled substance both are third-degree felonies punishable by two to 10 years in prison and up to a $10,000 fine.

Blackmon admitted failing to pay taxes on the non-taxable diesel fuel he used and stored in containers and an auxiliary tank at his residence in November 2018, as well as to putting dyed diesel into two pickup trucks driven on public roads.

In Texas, non-taxable diesel fuel is dyed red to distinguish it from taxable diesel. Dyed diesel is authorized almost exclusively for off-road, agricultural use only by permit-holders.

A Houston man will be spending time in the state prison system after being convicted of stealing diesel fuel using re-encoded credit cards.

Yosbel Nunez-Hernandez, 39 , pleaded guilty March 16 in a Brazoria County district court to motor fuel tax evasion and 10 counts of fraudulent possession of identifying information. He was sentenced to two years in prison and 12 months in state jail, respectively, to be served concurrently. He is being credited with almost 11 months of jail time served. He also was ordered to pay court costs.

Motor fuel tax evasion is a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine. Fraudulently possessing the identifying information of another without their consent is a felony punishable by confinement in a state jail for six months up to two years.

On Aug. 8, 2018, employees at a chain convenience store in Pearland observed the defendant acting suspiciously. They alerted local police after recognizing him as having made several, high-dollar, diesel fuel transactions at the same location on multiple days.

Nunez-Hernandez was arrested for unlawfully obtaining 60 gallons of diesel fuel worth $150, pumped into an auxiliary tank concealed in his pickup truck. Officers discovered that the truck had been further modified to receive, transport and dispense large quantities of fuel. Police also confiscated 22 “cloned” cards, one of which was traced to the $150 purchase.

CID assisted the Pearland Police Department in the investigation of the case.

Rafael Luis Quintero Cutino, 24 , of Houston pleaded guilty April 16 in a Harris County district court to three charges related to two incidents of fuel fraud, receiving two years in prison.

The defendant admitted to fraudulent use/possession of a credit/debit card in February, a second-degree felony punishable by imprisonment for two to 20 years and a fine of up to $10,000. He also admitted engaging in a motor fuel transaction without the requisite license, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine.

On Feb. 19, Cutino used re-encoded charge cards to unlawfully obtain approximately 50 gallons of diesel fuel worth almost $125 from a Katy gas station. A police detective witnessed the transaction and arrested him, confiscating numerous “cloned” cards.

The pickup truck he was driving had been modified to receive, transport and dispense large quantities of fuel, evidence showed, qualifying it as a fuel transporting vehicle.

At the time, Cutino was serving five years’ probation for fraudulent use/possession of 10-50 items of identifying information in 2018. Based on commission of the new crime, the court revoked his probation given under deferred adjudication and convicted him of the second-degree felony.

He was sentenced to three, concurrent, two-year prison terms and ordered to pay court costs. CID assisted the Katy Police Department in the investigation of the case.

Alexander Rosales Guerrero, 32 , of Houston pleaded guilty March 11 in a Harris County district court to making an unlawful motor fuel transaction, receiving four years’ probation in lieu of a suspended eight-year prison sentence. He also was fined $300 plus court costs and ordered to perform 60 hours of community service.

Guerrero admitted engaging in a motor fuel transaction without a license for acting as a motor fuel transporter without the required permit. The offense is a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine.

A related felony credit/debit card abuse case, punishable by confinement in a state jail for six months up to two years, was dismissed in the plea agreement.

Guerrero used re-encoded credit cards to unlawfully obtain diesel fuel from a Katy service station in late October 2018.

Local police officers discovered a "bladder" containing diesel in the bed of his pickup truck. The vehicle had been modified with auxiliary pumps and nozzles enabling it to receive, transport and dispense fuel, according to investigators. They also reported confiscating multiple “cloned” gift cards.

Roberto Arizon-Marin, 41 , of Houston pleaded guilty March 3 in a Harris County district court to illegally possessing charge card numbers, receiving six years’ probation in lieu of a 10-year prison sentence. He also was fined $1,000, plus court costs and fees, and ordered to perform 120 hours of community service.

He admitted fraudulently using and/or possessing more than 10 but fewer than 50 items of identifying information, a second-degree felony punishable by imprisonment for two to 20 years and a fine of up to $10,000.

Dismissed in the plea agreement was a related charge of engaging in a motor fuel transaction without a transporter's license or cargo manifest, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine.

In January 2019, Arizon-Marin was arrested for using a re-encoded credit card to unlawfully obtain diesel fuel for resale from a chain convenience store in Baytown.

Upon apprehension by Baytown police, officers confiscated approximately 30 "cloned" charge cards in his possession. They also discovered that his pickup truck and cargo trailer had been modified with auxiliary tanks to receive and transport motor fuel.

The defendant admitted re-selling diesel fuel to commercial truckers, reports showed.

Miguel A. Pulido, 46 , of Katy pleaded guilty March 12 in a Harris County district court to illegally possessing 75 charge cards, receiving six years’ probation in lieu of a 10-year prison sentence. He also was fined $1,000, plus court costs and fees, and ordered to perform 120 hours of community service.

Pulido admitted possessing more than 50 “cloned” cards containing identifying information, a first-degree felony punishable by imprisonment for five to 99 years or life and a fine of up to $10,000. Dismissed in the plea agreement was a related motor fuel tax evasion charge, a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine.

The defendant was under indictment for allegedly using re-encoded charge cards to unlawfully obtain almost 500 gallons of diesel fuel worth more than $1,200 from several Katy gas stations in April 2019.

Local police observed Pulido making multiple purchases at four gas stations. After he left the fourth location, they conducted a traffic stop assisted by a constable.

Officers confiscated 75 “cloned” credit cards and discovered two, 250-gallon “tote tanks,” almost full, concealed in the cargo area of Pulido’s box truck. The vehicle also had been modified with hoses, pumps and nozzles designed to receive, transport and dispense motor fuel, reports showed.

CID assisted the Katy Police Department and the Precinct Five Harris County Constable’s Office in the investigation of the case.

Cesar Achon, 34 , of Houston pleaded guilty last fall in a Fort Bend County district court to motor fuel tax evasion and received five years’ probation in lieu of a suspended 10-year prison sentence.

The defendant also was fined $1,000; assessed more than $450 in restitution plus court and other related costs; required to write a letter apologizing to the victim; and ordered to perform 250 hours of community service.

Evading motor fuel tax, or buying fuel with the intent to do so, is a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine. A related charge of transporting motor fuel without a cargo manifest, also a second-degree felony, was dismissed in the plea agreement.

In July 2018, police observed Achon using several re-encoded charge cards to obtain diesel fuel at a Katy gas station. Upon apprehension, they confiscated several “cloned” cards in a wallet he was attempting to discard.

Investigators also discovered an auxiliary fuel tank concealed behind a false wall inside the rear cargo area of his box truck.

CID assisted the Katy Police Department in the investigation of this case.

Inalbys Lopez-Estrada, 36, and Ana Marys Tapanes-Iglesias, 34, both of Houston, pleaded guilty in a Harris County district court in December to illicit motor fuel transportation. In lieu of 10-year suspended prison sentences, they each were placed on three years’ probation, fined $1,000 and ordered to pay court and related costs.

The co-defendants admitted transporting motor fuel without a cargo manifest, a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine.

In September 2018, police arrested the duo in Katy for allegedly transporting diesel fuel without proper documentation in a vehicle designed to receive, transport and dispense motor fuel.

After observing the covered bed of the women’s pickup truck, police followed it to a local restaurant and initiated contact with the defendants. Upon detecting a strong diesel fuel odor, an officer conducted a consensual search of the vehicle. Concealed beneath the truck bed was an auxiliary fuel “bladder” connected to a hose, nozzle and auxiliary pumps. The women did not have the requisite documentation to transport fuel on a public roadway.

CID assisted the Katy Police Department in the investigation of this case. It grew out of the defendants’ alleged ongoing use of re-encoded (“cloned”) credit/debit cards containing fraudulently acquired account information to obtain and transport large quantities of diesel fuel without paying taxes.

Yexis A. Benavides Estrada, 25 , of Houston pleaded guilty Nov. 20 in a Harris County district court to an unlawful motor fuel transaction and received six years’ probation in lieu of a suspended 10-year prison sentence.

The defendant also must perform 120 hours of community service, pay more than $700 in restitution and undergo drug testing.

Benavides Estrada admitted using a re-encoded charge card to unlawfully obtain and transport more than 100 gallons of diesel fuel worth almost $300 from a Katy convenience store in November 2018. He was convicted of engaging in a motor fuel transaction without a permit, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine.

A Katy police detective caught him after he made three transactions using a "cloned" discount store gift card containing superimposed credit card information. The fuel was pumped into a large auxiliary tank in a flat-bed truck modified to receive, transport and dispense motor fuel.

Officers confiscated 23 cloned cards during the arrest. A related felony credit card abuse case was dismissed in the plea agreement.

CID assisted the Katy Police Department in the investigation of the motor fuel tax fraud case.

Luis Perez Delarosa, 22 , of Houston pleaded guilty Oct. 4 in a Harris County district court to an unlawful motor fuel transaction and was sentenced to two years in prison. He was credited with 221 days’ jail time served.

Delarosa admitted to engaging in a motor fuel transaction without a permit, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine.

In July 2018, the defendant was observed at a Houston gas station obtaining fuel for his pickup truck using multiple charge cards. Local police apprehended him and confiscated 24 re-encoded credit cards.

Officers discovered that the truck had been modified to contain a large auxiliary fuel tank with hoses and nozzles consistent with transporting motor fuel. Delarosa did not possess the requisite state permits.

CID assisted the Houston Police Department in the investigation of the case.

Luis Moreno Lopez, 51 , of Houston pleaded guilty in August in a Brazoria County district court to an unlawful motor fuel transaction and was sentenced to six years’ probation, 120 hours of community service, a $500 fine and $318 in court costs.

He also must pay for and attend an anti-theft class. He was credited with 168 days’ jail time served.

Moreno Lopez admitted to engaging in a motor fuel transaction without a permit, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine. Two related felony charges were dropped.

Last March, an employee observed the defendant using re-encoded credit cards to obtain diesel fuel at a chain convenience store in Pearland. Local police responded and arrested him and three other suspects during a subsequent traffic stop.

In the bed of their pickup truck, officers discovered a large auxiliary fuel tank outfitted with hoses and nozzles consistent with transporting motor fuel. Moreno Lopez did not possess the requisite state permits.

CID assisted the Pearland Police Department in the investigation of the case.

Robert Wayne Reaves, 49 , of Wills Point pleaded guilty June 10 in a Kaufman County district court to a tobacco tax violation and was sentenced to 30 days in jail, a 10-year prison term probated to four years and a $1,500 fine, plus $420 in court costs and 120 hours of community service.

Reaves admitted possessing tobacco products on which more than $50 in taxes were owed, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine. He was under indictment for allegedly scheming to resell untaxed pipe tobacco purchased online from out of state without paying substantial amounts of Texas tobacco tax.

Investigators found more than 1,600 ounces of illicit tobacco at Reaves' tobacco shop in Terrell in the fall of 2017.

In an unrelated drug case, Reaves’ probation ordered in 2014 was revoked based on his plea in the tax case. He previously had admitted possessing more than 50 pounds of synthetic cannabinoids in 2012, a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine.

Reaves had received deferred adjudication which has now been rescinded, giving him two felony convictions. He was given the same sentence on the drug charge and will serve them both concurrently.

James Carter DeCamara, 53 , of Anson pleaded guilty May 29 in a Travis County district court to a probation violation and was sentenced to two years in prison plus more than $54,000 in previously ordered restitution upon parole. He is being credited with 149 days’ jail time served.

DeCamara admitted to a $1,200 delinquency on tax restitution payments to the state ordered in 2008 when he pleaded guilty to motor fuel tax evasion. He also had been jailed for 120 days, fined $2,000 and given 10 years’ probation, which has now been revoked.

The offense is a second-degree felony punishable by imprisonment for two to 20 years and a fine of up to $10,000.

In 2006, DeCamara was caught using red-dyed diesel fuel in several trucks he owned and operated on public roadways. He avoided paying motor fuel taxes by purchasing dyed diesel fuel tax free with a permit.

DeCamara gave a distributor a signed statement attesting that none of the untaxed diesel fuel would be used in a taxable manner, i.e., in motor vehicles on public roadways. Untaxed diesel is dyed red and may be used lawfully off road or in agricultural equipment only.

Yasser Izquierdo-Hernandez, 30 , of Houston pleaded guilty May 17 in a Colorado County district court to motor fuel tax evasion and was put behind bars for using a peace officer’s charge card to commit the crime.

The defendant received deferred adjudication (no final conviction), 30 days in jail (to be served on weekends), five years’ probation and 240 hours of community service. He also was ordered to pay a $1,500 fine and restitution to be determined, plus court costs and other related fees.

Izquierdo-Hernandez admitted to a second-degree felony punishable by imprisonment for two to 20 years and a fine of up to $10,000. He waived indictment and pled to a charge contained in a legal document called a felony information.

Dismissed in the plea agreement was a related charge of engaging in a motor fuel transaction without a license, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine.

In a separate case brought by local authorities, Izquierdo-Hernandez pleaded guilty to felony credit/debit card abuse, also receiving deferred adjudication, five years’ probation, 120 hours of community service and a $250 fine plus court costs and related fees. He could have received from six months up to two years in a state jail and been fined up to $10,000.

He also was given 22 months to earn a high school diploma or the equivalent as a condition of his probation.

Izquierdo-Hernandez was arrested last December for using a re-encoded gift card belonging to a Fort Worth police detective to unlawfully obtain 138 gallons of diesel fuel worth more than $368 at a Weimar truck stop.

The detective’s bank had texted him that his card number was in use there. The detective then alerted Weimar police that an unauthorized transaction was in progress, leading to Izquierdo-Hernandez’ arrest at the scene. Investigators recovered numerous “cloned” cards containing fraudulent charge account information.

Alexander Tamayo-Cabrera, 31 , of Austin pleaded guilty in a Travis County district court in April and was sentenced to two years in prison for using a re-encoded gift card to unlawfully obtain a large amount of diesel fuel, almost injuring a lawman in the process. He also was assessed court costs.

Tamayo-Cabrera admitted transporting motor fuel without a shipping document, a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine; and evading arrest in a motor vehicle, a third-degree felony punishable by two to 10 years in prison and up to a $10,000 fine.

Three other charges pending against him – motor fuel tax evasion, a second-degree felony, assaulting a public servant and tampering with physical evidence, both third-degree felonies – were dismissed in the plea agreement.

In September 2017, Tamayo-Cabrera took 105 gallons of diesel fuel worth almost $264 from a North Austin convenience store , concealing it in an auxiliary tank hidden in the bed of his pickup truck.

When confronted by a Comptroller investigator, he sped away in the truck. The officer stepped onto its running board to avoid being pinned between the vehicle and a fuel pump and was thrown to the ground. As he fled the scene, Tamayo-Cabrera threw “cloned” charge cards out the driver’s side window, according to reports.

The Austin Police Department assisted CID in apprehending the suspect.

Mark Anthony Juarez Jr., 35 , of Houston was sentenced in late October in a Harris County district court to five years in prison for using re-encoded charge cards to unlawfully obtain large quantities of diesel fuel for resale last spring.

Juarez also was convicted of two felony weapons possession charges one from 2016, for which he was on probation, and another that occurred in April. He received five-year prison sentences for each of those convictions as well. He will serve all of them concurrently in the Institutional Division of the Texas Department of Criminal Justice.

A related evading arrest case was dismissed in the plea agreement.

On April 26, at one of the service stations Juarez had been frequenting in northwest Houston, the owner of a credit card used in his crimes recognized his vehicle from a surveillance photograph a store manager had shown him. He followed Juarez to another station, and, when Houston police arrived, an officer observed Juarez buying diesel fuel with cloned cards. During a subsequent attempted traffic stop, a brief chase ensued before Juarez was apprehended. Upon arrest, officers confiscated 10 fraudulent charge cards and a firearm from his vehicle.

Juarez pleaded guilty to transporting motor fuel without a license as well as being a felon in possession of a firearm. Both are third-degree felonies punishable by two to 10 years in prison and up to a $10,000 fine.

Juarez further admitted to illegally possessing a firearm as a felon in 2016, for which he had received deferred adjudication (no final conviction) and five years probation. That offense was based on a 2002 conviction for felony drug possession. In Texas, felons may possess firearms five years after they are convicted, but only at their residences.

Carlos Albert Viera-Rodriguez, 35 , of Houston was sentenced on Oct. 29 in a Burleson County district court to four years in prison for using re-encoded charge cards to unlawfully obtain more than 330 gallons of diesel fuel from a Caldwell convenience store in April 2017.

He also was ordered to pay $200 in restitution plus court costs.

The defendant pleaded guilty to motor fuel tax evasion (failure to pay backup tax), a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine. He also pleaded guilty to three counts of credit/debit card abuse, a felony punishable by state jail confinement for six months up to two years. The 14-month sentence pronounced in that case will run concurrently with the prison term.

In early April 2017, Caldwell police contacted CID for assistance after a credit card holder reported fraudulent use. Video on an in-store surveillance camera revealed the defendants vehicle.

Two weeks later, officers spotted the vehicle at the same store and confronted the defendant. They found 22 cloned cards in his possession as he was pumping almost 167 gallons of diesel fuel into the saddle tanks of his semi-tractor truck. During the previous incident, he pumped more than 164 gallons of diesel into the tanks.