BROWNSVILLE, TX—Ray Roman Marchan has
been found guilty on all counts in the FBI’s public corruption investigation of
former 404th District Court Judge Abel Corral Limas, United States Attorney
Kenneth Magidson announced today. Marchan, 56, of Brownsville, Texas, was found
guilty just a short time ago on seven public corruption-related counts after
two days of deliberation.
The jury found Marchan, a local
attorney, guilty of one count of violation of Racketeer Influenced Corrupt
Organizations (RICO) as well as one count of RICO conspiracy, three counts of
aiding and abetting extortion under color of official right, and two counts of
aiding and abetting honest services mail fraud. Marchan was indicted June 22, 2011,
following a three-year investigation of corruption by then sitting judge of the
404th Judicial District Court, Abel Corral Limas.
“The successful prosecution of this case
is an example of our strong stand against corruption and dedication to ensure the
integrity of our entrusted public officials,” said Magidson. “We respect the
jury’s decision and feel the verdict is justified based on the evidence we
presented in court.”
During the two-week trial, federal
prosecutors presented evidence Marchan paid bribes to Judge Limas.
Specifically, the evidence proved he paid bribes or kickbacks to Judge Limas in
return for favorable judicial rulings and an appointment as ad litem attorney.
An ad litem is appointed to represent the interest of any minor or disabled
person in a lawsuit. Evidence proved Marchan received favorable rulings in two
cases in which he was appointed as ad litem attorney, Aide Fink vs Sun Valley
Dusting and Juan Mancillas vs American General Insurance.
Evidence showed Limas received cash payments
totaling $6,200 from Marchan on two occasions shortly after Marchan received ad
litem fees on the Mancillas case. On each occasion, evidence showed Marchan had
contacted Limas and referenced the transaction. Bank records were also entered
as evidence. Limas testified as to the transactions and that the money was in
return for having appointed Marchan as the ad litem attorney. He also testified
to an earlier incident when he received money from Marchan, but he could not
recall the specific amount.
In a third incident, Limas received a
$5,000 check on June 27, 2008. An FBI agent testified he observed Limas arrive
at Marchan’s office and only spending approximately five minutes there before
leaving. Prosecutors presented evidence proving Limas deposited the check
shortly thereafter. Limas acknowledged though his testimony the payment was in
return for having Limas deny a motion for sanctions filed against Marchan by
opposing counsel in the Fink case.
Marchan was also convicted of the two
mail fraud counts, which prosecutors proved mail use to carry out the bribe or
kickback scheme. An attorney representing Sun Valley Dusting testified
regarding one of those charges—the motion for sanctions mailing—and to not
knowing Marchan had been having improper communications with Limas on the
motion. Federal law makes it a crime for anyone to use the mails in carrying
out a scheme to defraud.
Jurors also heard testimony of Limas as
well as an FBI special agent concerning the broader Limas investigation
involving others already arrested and convicted of aiding and abetting Limas in
the corruption as well as of others who also received judicial favors from
Limas. To date, a total of eight defendants, including former attorneys Jim
Solis and Joe Valle, former Cameron County Investigator Jaime Munivez, Limas’
middleman Manuel Longoria, Armando and Karina Pena, and former bondsman
Francisco Cisneros, have entered guilty pleas in relation to the Limas
investigation. Limas himself entered guilty pleas to RICO public corruption-related
violations and is scheduled to be sentenced August 27, 2012.
U.S. District Judge Andrew S. Hanen, who
presided over the Marchan trial, has set sentencing for September 24, 2012, at
which time he faces a maximum 20-year prison term and a possible $250,000 fine
for each count of conviction. Marchan was allowed to remain on bond pending
that sentencing hearing.
The charges in relation to this case are
the result of an ongoing three-year investigation being conducted by the FBI,
Drug Enforcement Administration, and the Brownsville Police Department.
Assistant United States Attorneys Michael Wynne and Oscar Ponce are prosecuting
the case.
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