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Texas Judge Convicted of Bribery and Obstruction


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Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Thursday, July 11, 2019

Texas Judge Convicted of Bribery and Obstruction

A Texas state district judge has been convicted of bribery and obstruction, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.

Following a six-day trial, Rodolfo “Rudy” Delgado, 65, of Edinburg, Texas, was convicted of one count of Conspiracy; three counts of Federal Program Bribery; three counts of Travel Act Bribery and one count of Obstruction of Justice.  Delgado was originally charged in January 2018 by complaint, and then indicted in February 2018.  The grand jury issued three superseding indictments. 

“Corrupt judges can harm a community’s confidence in our judicial system,” said Assistant Attorney General Benczkowski.  “Today’s verdict takes an important step toward restoring that confidence, and affirms that no one – especially not a judge – is above the law.”

“The bribery of a judge may be the worst break of the publics’ trust in government,” said U.S. Attorney Patrick.  “Rudy Delgado used his position to enrich himself.  He didn’t just tip the scales of justice, he knocked it over with a wad of cash and didn’t look back.  Delgado’s actions unfairly tarnish all his former colleagues.”

Delgado is currently a justice in the Thirteenth Court of Appeals for the State of Texas.  He was previously the presiding judge for the 93rd District Court for the State of Texas, which has jurisdiction over Texas criminal and civil cases located within Hidalgo County.  As a district judge, Delgado conspired with an attorney from January 2008 to November 2016 to accept bribes in exchange for favorable judicial consideration on criminal cases pending in his courtroom. 

As part of an investigation conducted by the FBI, Delgado also accepted bribes on three separate occasions in exchange for agreeing to release three of the attorney’s clients on bond in cases pending before his court.  The first two bribes totaled approximately $520 in cash and the third bribe, which occurred in January 2018, totaled approximately $5,500 in cash.  After Delgado learned of the FBI’s investigation, he also attempted to obstruct justice by contacting the attorney and providing a false story about the payments.

Sentencing has been set for Sept. 25, 2019.  Delgado was permitted to remain on bond pending sentencing.

The FBI conducted the investigation.  Trial Attorney Peter Nothstein of the Criminal Divison’s Public Integrity Section and Assistant U.S. Attorneys Arthur “Rob” Jones and Robert Guerra are prosecuting the case.



Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, March 1, 2019

Maryland Businessman Pleads Guilty to Defrauding International Labor Union

A Maryland contractor pleaded guilty today to defrauding a large, international labor union, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia and Inspector General Scott S. Dahl of the U.S. Department of Labor.

Howard W. Janoske, 74, of Oakland, Maryland, pleaded guilty to one count of conspiracy to commit honest services wire fraud and theft and embezzlement of labor union funds before U.S. District Judge Liam O’Grady of the Eastern District of Virginia.  Sentencing is scheduled for July 12, 2019.  


    
   
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According to admissions made in connection with his plea, Janoske is the president and co-owner of a plumbing and heating, ventilation, and air conditioning contractor located in Maryland.  For nearly two decades, Janoske’s company has provided maintenance services to an international labor union located in Herndon, Virginia.  Between in or about May 2012 and at least in or about mid-2015, Janoske and his company provided the union’s facilities and real estate manager with tens of thousands of dollars in kickbacks in exchange for the awarding of the union’s service agreements and maintenance contracts.  The benefits included a high-end outdoor kitchen and free HVAC and plumbing services for the union manager and a relative over a multi-year period.  With the union manager’s knowledge, Janoske and his subordinates submitted inflated and fraudulent invoices to the union to recoup expenses for these personal benefits.

The Department of Labor’s Office of Inspector General and the Office of Labor Management Standards investigated the case.  Trial Attorney Edward P. Sullivan of the Criminal



Source: https://www.justice.gov/opa/pr/maryland-businessman-pleads-guilty-defrauding-international-labor-union





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Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, February 27, 2019

Florida Home Health Services Company Owner and Co-Conspirator Sentenced to Prison for Role in $8.6 Million Health Care Fraud Scheme

A home health services company owner and a co-conspirator, both Miami, Florida residents, were sentenced to prison today for their roles in a $8.6 million health care fraud scheme. 

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Miami Air and Marine Branch Director Martin G. Wade of the U.S. Customs and Border Protection (CBP) Air and Marine Operations made the announcement.


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Alexander Ros Lazo (Ros Lazo), 54, the owner of T.L.C. Health Services of Miami, was sentenced to serve 87 months in prison.  Misleady Ibarra, 46, who performed home health therapy services without a license, was sentenced to serve 24 months in prison.  The defendants were sentenced by U.S. Circuit Judge Adalberto Jordan sitting in the Southern District of Florida.  Judge Jordan also ordered Ros Lazo to pay $8,603,859 in restitution and to forfeit the same amount, and Ibarra to pay restitution in an amount to be determined.  Ibarra and Ros Lazo pleaded guilty in December 2018 to one count of conspiracy to commit health care fraud.  Both defendants were charged in an indictment returned on June 21, 2018.

As part of his guilty plea, Ros Lazo admitted that he paid kickbacks and bribes to his co-conspirators in exchange for home health services prescriptions and the referral of Medicare beneficiaries to T.L.C. Health Services.  He further admitted that he and Ibarra agreed with their co-conspirators to commit health care fraud by billing Medicare for physical therapy services performed by Ibarra on behalf of licensed therapists despite knowing that she was not licensed to render those services to the Medicare beneficiaries.  Ros Lazo admitted that as a result of the fraudulent claims, Medicare paid $8.6 million in benefits that it otherwise would not have. 



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As part of her guilty plea, Ibarra admitted to conspiring with Ros Lazo to commit health care fraud by rendering home health therapy services to Medicare beneficiaries when Ibarra was not licensed to provide these services. 

The case was investigated by the FBI, HHS-OIG and CBP Air and Marine Operations.  Trial Attorneys Alexander Kramer and Sara Clingan of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Yisel Valdes of the Southern District of Florida prosecuted the case.

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.













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