U.S. citizen arrested for smuggling 400,000 illegal cigarettes into Mexico

81-year-old arrested for attempting to smuggle thousands of illegal cigarettes into Mexico

February 14, 2020 4:25 PM in News - Local
By: Valerie Gonzalez

MCALLEN – A smuggling of a different kind landed an elderly man in jail. He’s now facing federal charges for selling thousands of illegal cigarettes.

Special agents with Homeland Security Investigations caught the man at a warehouse Wednesday. He had about 400,000 cigarettes ready to ship to Mexico.

According to court records, special agents saw several vans at the site labelled with “Victor Guerra Duty Free”. One of those vehicles drove out and then sped up to lose agents.

When it returned to the warehouse later, agents approached the driver, 81-year-old Jose Francisco Guerra, a U.S. citizen. They found 40 cases of unstamped cigarettes on the property.

Upon inspection by U.S. and Mexican authorities, it was determined the cigarettes were foreign-produced considered adulterated and misbranded. The product was intended for export to Mexico.

When he was caught, Guerra said he had been smuggling cigarettes on a regular basis. Each time taking more than 400,000 cigarettes. He estimated to have 800,000 pounds of cigarettes in his warehouse he was planning on smuggling.

These specific products are banned in Mexico for health reasons, but it was also in violation of the country’s tax law.

Guerra went before a federal judge on Friday for his initial appearance.

https://www.krgv.com/news/81-year-ol...es-into-mexico

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I.C.E. News Releases

CONTRABAND

05/26/2020

South Texas man pleads guilty of attempting to export millions of cigarettes


More than 400 million cigarettes seized

MCALLEN, Texas — A Mission man entered a guilty plea Tuesday for attempting to export contraband cigarettes.

This case is being conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) McAllen Office with the assistance of Texas Department of Public Safety (DPS).

Jose Francisco Guerra, 80, from Mission, Texas, pleaded guilty May 26, before U.S. District Judge Micaela Alvarez, for attempting to export contraband cigarettes.

In addition to accepting Guerra’s guilty plea, Judge Alvarez entered an order of forfeiture against equipment and cigarettes seized from the truck and Guerra’s warehouses.

Guerra owned and operated Victor M. Guerra Inc., a custom brokering company in Hidalgo, Texas.

On Jan. 15, law enforcement stopped a tractor-trailer which later revealed approximately 17 million cigarettes headed for Mexico. The shipping manifest had been falsified as to the vehicle’s contents, and the cigarettes lacked the applicable tax stamp as Texas law requires.

The investigation revealed the cigarettes originated in a warehouse located at 2900 North Depot Road in Hidalgo. Guerra controlled and operated that warehouse and facilitated the storage and sale of the cigarettes.

Guerra was also found to be in control of another warehouse in McAllen. Both warehouses contained a combined total of 422,917,800 contraband cigarettes destined to be exported to Mexico.

Guerra admitted to his role in the attempted smuggling event, adding that he knew exporting contraband cigarettes into Mexico was illegal and intended to export additional cigarettes.

At his plea hearing May 26, Guerra also agreed to forfeit his customs broker license, pay a fine and forfeit his interest in the cigarettes and items seized from his warehouse.

The total value of the cigarettes and equipment authorities seized is estimated at approximately $88 million.

Judge Alvarez has not yet set a sentencing date. Guerra faces up to 10 years in federal prison and a possible $250,000 fine.

Guerra is currently out on bond pending a sentencing date.

Assistant U.S. Attorney Michael Mitchell, Southern District of Texas, is prosecuting this case.

Last Reviewed/Updated: 05/27/2020

https://www.ice.gov/news/releases/so...ons-cigarettes