SHERMAN, Texas – A Central Texas criminal defense lawyer was found
guilty of federal violations related to an international fraud scheme involving
his Colombian cocaine trafficking clients, announced U.S. Attorney Joseph D.
Brown and FBI Special Agent in Charge Matthew J. DeSarno of the Dallas Field
Office today.
James Morris Balagia, 62, of Manor, Texas was found guilty
by a jury of five federal charges today following a two week trial before U.S.
District Judge Amos Mazzant.
According to information presented in court, Balagia, also
known as Jamie Balagia, also known as The DWI Dude, DUI Dude Van had a law practice with offices in San Antonio and Manor
specializing in defending clients charged with violations such as driving while
intoxicated and drug possession. In
2014, Balagia conspired with Florida private investigator, Chuck Morgan, and
Colombian attorney, Bibiana Correa Perrea to swindle Colombian drug traffickers
under the guise of bribing officials in the United Sates. During meetings in Colombia and in Collin
County, Texas, the group represented that in exchange for inflated “attorney
fees,” they were in contact with government officials in the United States who
would accept bribes resulting in either the dismissal of their criminal charges
or significant reductions in their U.S. federal prison sentences. In reality, there were no bribes or
government officials.
The Office of Foreign Assets and Control (OFAC) had
previously designated Balagia’s Colombian clients as “Specially Designated
Narcotics Traffickers.” These
individuals were considered some of the biggest drug traffickers in the
world. As such, they were on an OFAC
list, essentially freezing their assets and prohibiting U.S. persons from
engaging in any financial transactions or dealings with them unless they had
received an OFAC license. In order to
comply with federal requirements under the “Kingpin Act,” Balagia was advised
to obtain an OFAC license on multiple occasions but failed to do so.
As part of the scheme, Balagia provided Colombian
co-conspirators with his personal bank account number and routing number. Evidence at trial showed multiple deposits
over several months into the account in amounts intended to avoid federal cash
transaction reporting requirements. The
cash deposits were made at bank counters across the United States by anonymous
individuals with daily deposits totaling just under the $10,000 reporting
threshold. Additionally, at least four
bulk cash payments were made to Balagia in amounts ranging from approximately
$70,000 to $120,000. Balagia admitted to
driving from his San Antonio office to a mall parking lot in Katy, Texas, where
he was given a shopping bag filled with bundles of cash from either an unknown
individual, or an individual who identified himself only as “Coco.” In an attempt to conceal these payments,
Balagia failed to report the payments as required by federal law.
Balagia was indicted by a federal grand jury on Dec. 15,
2016. Bibiana Correa Perea pleaded
guilty and was sentenced to 84 months in federal prison on June 29, 2018. Chuck Morgan pleaded guilty and was sentenced
to 72 months in federal prison on Mar. 8, 2018.
Balagia was found guilty of conspiracy to commit money
laundering; obstruction of justice, violation of the Kingpin Act; conspiracy to
commit wire fraud; and conspiracy to obstruct justice.
“This defendant-and his group-were running a scam on drug
dealers – some of the biggest drug dealers in the world,” said U.S. Attorney Joe
Brown. “Fortunately for him, these drug
dealers chose to turn him into the FBI rather than handle it any other
way. It is important for the American
justice system that we prosecute those who represent that the justice system is
for sale. The Colombians, and criminals
in every other country that we deal with, need to understand things don’t work
that way in the United States. When we
have lawyers representing that officials can be bought, we take that very seriously.”
“The defendant used his position as an attorney to not only
steal from drug lords, but also to sell out the U.S. justice system in order to
line his own pockets,” said FBI Special Agent in Charge Matthew J. DeSarno of
the Dallas Field Office. “The FBI prioritizes all cases of public corruption
and we will continue to hold these officials accountable for using their
positions to benefit financially.”
This case is the result of an extensive joint investigation
by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program
is to identify, disrupt and dismantle the most serious drug trafficking,
weapons trafficking and money laundering organizations, and those primarily
responsible for the nation’s illegal drug supply.
Under the federal sentencing guidelines, Balagia faces up to
30 years in federal prison. The maximum statutory sentence prescribed by
Congress is provided here for information purposes, as the sentencing will be
determined by the court based on the advisory sentencing guidelines and other
statutory factors. A sentencing hearing
will be scheduled after the completion of a presentence investigation by the
U.S. Probation Office.
This case was investigated by the Federal Bureau of
Investigation’s Dallas Field Office – Frisco Resident Agency and prosecuted by
Assistant U.S. Attorneys Heather H. Rattan and Jay Combs.
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