Nogales mayor arrested, accused of bribery, money laundering

61 commentsby Dennis Wagner - Sept. 28, 2010 01:50 PM
The Arizona Republic
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The mayor of Nogales, Ariz., was arrested Tuesday morning in connection with two criminal cases, one accusing him of taking bribes and the other of bank fraud.

Octavio Garcia-Von Borstel, 29, was placed in handcuffs by FBI agents at his office, said Steve Wilson, a spokesman for the Arizona Attorney General's Office. The mayor's father, Octavio Suarez Garcia, 59, of Nogales, also was indicted and placed under arrest Tuesday.


Neither of the defendants could be reached for comment.

According to Wilson, Garcia-Van Borstel solicited Nogales businesses to hire him as a consultant with promises that he would use his official position to secure city contracts without going through a competitive bid process. He allegedly accepted money from at least one person, who admitted paying a $2,000 bribe.

Garcia-Von Borstel was charged with bribery, money laundering and conducting an illegal enterprise in that indictment.

A second case involves the alleged use of fraudulent money orders. According to the indictment, the mayor's father worked as a Western Union agent and sold money orders through his fund-transmittal business, ACE Cash Express. A total of $3.2 million worth of false money orders allegedly was deposited into Garcia-Von Borstel's account, and Wilson said more than $500,000 was withdrawn and spent.

Both men are charged in that indictment with fraud, theft and conducting an illegal enterprise.

Wilson said there are no allegations that the defendants used their positions to facilitate the smuggling of humans, drugs or contraband.

Ofelia McCollough, the city's press secretary, said federal agents came to City Hall around 9 a.m. and entered the mayor's office.

"It was very calm," she added. "After a few minutes, they came out with the mayor in handcuffs. We didn't even know what was happening."

In a news release, Nathan Gray, FBI special agent in charge for Arizona, said the indictments resulted from a joint investigation by the state Attorney General's Office and the bureau's Southern Arizona Corruption Task Force.

"When a public official allegedly commits criminal acts, it erodes the public trust," Gray said.

Garcia-Von Borstel was elected to the Nogales City Council in 2006. His appointment as mayor two years later, after predecessor Ignacio Barraza died in office, came with controversy that included accusations of official misconduct and a federal lawsuit.

Jan Smith-Florez, who was city attorney at the time, said she called for an Attorney General's investigation because Garcia-Von Borstel and three council colleagues violated Arizona's Open Meeting Law when they planned the appointment meeting. All of them signed an agenda request, she said, making it clear that they had broken the law by conferring privately about city business.

Smith-Florez, who was fired for reporting the incident, said the Attorney General's Office confirmed her allegation. In the meantime, she filed a federal lawsuit for wrongful termination. The case is pending.

Asked about the indictments against Garcia-Von Borstel, Smith-Florez said, "I'm not surprised. It's all part of the same problem … They fired me because I turned them in for breaking the law."

McCollough, the Nogales spokeswoman, said city officials are evaluating the situation. It is unclear what steps may be taken if municipal contracts were corruptly issued.

She said Garcia-Von Borstel dropped out of a re-election campaign this year, and his term in office expires Dec. 31.



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