Thread: Bail set for BP Agent who Released Illegals for Money

http://nctimes.com/articles/2006/04/..._174_20_06.txt
Bail set for Border Patrol agent accused of releasing immigrants for cash

By: North County Times News Service -

SAN DIEGO - Bail was set at $1 million Thursday for one of two El Centro Border Patrol agents accused of releasing illegal immigrants from federal custody in exchange for $300,000 in bribes from a smuggling organization.

After a review hearing, U.S. District Judge John Houston ruled that prosecutors had not shown by clear and convincing evidence that Mario Alvarez, 45, is a flight risk or a danger to the community.

Houston said he was satisfied that he could set conditions ensuring Alvarez would make future court appearances if he was able to post bail.


As a condition of supervised release, Alvarez, who lives in Imperial County, must restrict his travel to the Southern District of California, the judge said.

Alvarez, a 14-year Border Patrol veteran, would be placed on home detention and wear a Global Positioning System device so officials can monitor his every move, the judge said.

Alvarez, a supervisor on administrative leave without pay from the Border Patrol, can't use a cell phone or use the Internet while out on bond, the judge said.

Family members must take the defendant's firearms out of the home, Houston ruled.

Another supervising Border Patrol agent, Samuel McClaren, remains held without bond.

An eight-count indictment alleges that the defendants, who worked in the Mexican Liaison Unit in El Centro and were assigned to administer the Guide Identification Prosecution Program, "unlawfully released or facilitated the unlawful release of numerous previously apprehended illegal aliens from custody and returned them to members of an alien smuggling ring in exchange for cash."

Assistant U.S. Attorney Paul Starita told the judge that part of Alvarez's job was to become familiar with Mexico and its immigration policies.

He said Alvarez spent a "great deal of time in Mexico" and could easily disappear into that country if released on bail.

Starita said Alvarez and McClaren would release illegal immigrants back to the smugglers, who would transport them to Los Angeles.

Once the smugglers were paid, Alvarez and McClaren would get kickbacks in $100 bills and deposited the cash into their bank accounts over a two-year period, the prosecutor told the judge.

Starita called the crimes "brazen."

According to the indictment, some of the illegal immigrants released by the defendants were themselves smugglers.

Alvarez and McClaren were each charged with conspiracy to smuggle aliens for financial gain, conspiracy to commit bribery, bribery, making a false statement, smuggling aliens for financial gain, filing a false tax return and criminal forfeiture.

If convicted on the bribery charge, each defendant faces a maximum of 15 years if federal prison, the prosecutor said.

In one instance described in the indictment, the agents allegedly used a U.S. government vehicle to take an immigrant smuggler from the Immigration and Customs Enforcement Service Processing Center in El Centro to a Wal-Mart parking lot in Calexico, where the smuggler was released in exchange for a bribe of about $6,000.

Alvarez even signed a warrant of deportation to falsely show that the illegal immigrant had been deported, Starita told the judge today.

The prosecutor unsuccessfully argued that if released, Alvarez might try to have others silence witnesses or try himself to obstruct justice.

Defense attorney Michael Pancer denied the allegations against his client and said Alvarez would never betray family and friends who pledged to put up property and cash for his bond.

"He will not leave them in a lurch," Pancer told the judge.

A motions and trial-setting hearing for both defendants is scheduled for May 19.

Those border patrol officers should be tried as terrorists!

Originally Posted by untchable

Those border patrol officers should be tried as terrorists!

No. Their crime is only that of intercepting funds that should have gone to someone else.