Case Closed

Crime Does Not Pay

Franco

Darien Rodriguez Franco, 40, of Haltom City, was convicted of engaging in organized criminal activity.

During the investigation, the defendant and his co-defendants illegally acquired diesel fuel by using pulsar tampering devices and stolen credit card information.

A Tarrant County district judge sentenced Franco to 12 years’ incarceration (with 191 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 Texas Department of Criminal Justice.

Gomez

Johan Sainz Gomez, 45, of Irving, was convicted of engaging in organized criminal activity.

The investigation revealed the defendant and his co-defendants illegally acquired diesel fuel by using pulsar tampering devices and stolen credit card information.

A Tarrant County district judge sentenced Gomez to four years’ incarceration (with 311 days’ jail time credit) for engaging in attempted organized criminal activity, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000.

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

Do The Crime, Serve the Time

Valdivia

Yasel Gonzalez Valdivia, 35, of Dallas, was convicted of engaging in organized criminal activity.

During the course of the investigation, the defendant and his co-defendants illegally acquired diesel fuel by using pulsar tampering devices and stolen credit card information. The defendant used vehicles modified to acquire, transport, store, deliver and sell fuel. The offenses occurred across multiple counties in Texas.

A Smith County district judge sentenced Valdivia to 20 years’ incarceration (with 445 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 Texas Department of Criminal Justice.

Fourteen Years for Fuel Thief

Banguela-Perez

Alexander Banguela-Perez, 49, of Mesquite, was convicted of engaging in organized criminal activity.

Between June and August 2022, the defendant and his co-defendants illegally acquired diesel 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 Smith County district judge sentenced Banguela-Perez to 14 years’ incarceration (with 703 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 Texas Department of Criminal Justice.

Jailed for Stealing

Hernandez

Yosbel Nunez Hernandez, 44, of Houston, was convicted of two counts of evading motor fuel tax. On March 28, 2023, the defendant broke into the gas pump at a closed gas station and used a pulsar tampering device to steal approximately 400 gallons of diesel fuel worth about $1,600.

A Waller County district judge sentenced Hernandez to four years’ incarceration, and he was given 645 days’ jail time credit due to being in custody for over a year for evading motor fuel tax, a second-degree felony punishable by two to 20 years in prison and a fine up to $10,000.

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

Do the time for organized crime

Camila Cruz Concepcion, 26, of Dallas, was convicted of engaging in organized criminal activity.

Between June and August 2022, the defendant and her 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. The offenses occurred across multiple jurisdictions from Denton County to Anderson County, Texas.

A Smith County district judge sentenced Concepcion to 10 years’ incarceration, and she was given 546 days jail time credit.

Motor fuel thief sentenced

Edel Antonio Gonzalez Mojena, 35, of Houston, was convicted of evading motor fuel tax.

In May 2023, the defendant intentionally and knowingly evaded motor fuel tax by illegally acquiring approximately 198 gallons of diesel fuel using a re-encoded credit card. The defendant delivered the fuel into an auxiliary fuel tank in his vehicle.

A Colorado County district judge sentenced Mojena to 2 years’ incarceration, and he was given 199 days jail time credit. The defendant paid restitution of about $809.

50 years for fuel theft

Duniesky Ondarza Gonzalez, 38, of Dallas, was convicted of engaging in organized criminal activity.

Between June and August 2022, 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. The offenses occurred across multiple jurisdictions from Denton County to Anderson County, Texas.

A Smith County district judge sentenced Gonzalez to 50 years’ incarceration, and he was given 512 days jail time credit.

Stealing is not the answer

Wilver Benitez Rodriguez, 47, of Dallas, was convicted of evading motor fuel tax, transporting motor fuel without cargo manifest or shipping documents, and unlawful use of a criminal instrument.

In March 2020, the defendant siphoned approximately 313 gallons of diesel fuel from an underground storage tank and delivered the unlawfully appropriated fuel into an auxiliary tank mounted inside the cargo area of his vehicle.

An Ellis County district judge sentenced Rodriguez to 50 years’ incarceration.

Serving the Time for His Crime

Milton Diaz

Milton Diaz, 57, of Cypress was convicted for engaging in a motor fuel transaction without a license.

Since January 2023, the defendant had been short loading dyed diesel fuel deliveries and retaining and delivering the stolen dyed diesel fuel into an above ground fuel storage tank, with an estimated loss to the company of $200,000.

A Harris County district judge sentenced Diaz to 5 years’ confinement in the Texas Department of Criminal Justice system for the 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 confinement was suspended, and the defendant received 10 years’ community supervision and must pay restitution of about $40,000 and court costs.