A0 91 (Rev? q?igb Document 1 Filed 06/18/12 Paoe of 8 PageID 1 . . i, UnIted States District Court FILED NORTHERN DISTRICT OF 8 UNITED STATES OF AMERICA Dismgm V. CRIMINAL SILVESTRE FRANCO-LUVIANO CASE NUMBER: 64 (Name and Address of Defendant) I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief. Beginning on or about August 4, 2006 in Dallas County, in the Northern District of Texas defendant(s) did, unlawfully, knowingly, and willfully make false statements in an Application for a US. Passport, in violation of Title United States Code, Section(s) 1542 . I further state th-?t I am a(n) Special Agent of the United States Department of State, Diplomatic Security Service (D88) and that this complaint is based on the following facts: See attached Affidavit of Special Agent, Richard P. Higbie, United States Department of State, Diplomatic Security Service (DSS), which is incorporated and made a part hereof by reference. . Signature of anplainafit I RICHARD P. IGBIE - Special Agent, DSS Continued on the attached sheet and made a part hereof: 7?1 Sworn to before me and subscribed in my presence, on this day of June 2012, at Dallas, Texas. IRMA C. RAMIREZ UNITED STATES MAGISTRATE JUDGE a Name Title of Judicial Officer Signature of Judicial Offi?er Case Document 1 Filed 06/18/12 Page 2 of 8 PageID 2 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT: Silvestre (DPOB 05/15/1976 Altamirano, Guerrero, Mexico) Juan Navarro RIOS I, RICHARD P. HIGBIE, being duly sworn, hereby depose and state: 1. I am a Special Agent with the United States Department of State, Diplomatic Security Service (DSS), assigned to the Dallas Resident Office. I have been employed as a special agent with the US. Department of State since August of 1998. Since arriving at the Dallas Resident Office, I have been assigned as a liaison member of the North Texas Joint Terrorism Task Force the North Texas Drug Task Force, and the US. Department of Homeland Security?s Document and Benefit Fraud Task Force My duties presently include conducting investigations of federal criminal statutes related to the fraudulent application for or misuse of United States Passports and Visas. I have received training in criminal investigations of passport fraud at the Federal Law Enforcement Training Center, the Diplomatic Security Training Center and have conducted investigations of passport and visa fraud. I have assisted in several investigations related to individuals associated with alien smuggling, national security concerns, terrorist organizations, narcotics traffickers, international kidnapping cases, and associated criminal activity. 2. The information contained in this affidavit is based on my personal knowledge and experience, and information provided by other law enforcement officers. Specifically, I conferred with Special Agent Erik Patterson, who is assigned to the Houston Field Of?ce Within the US. Department of State?s Bureau of Diplomatic lof7 Case Document 1 Filed 06/18/12 Page 3 of 8 PageID 3 Security. This af?davit is being submitted for the purpose of securing an arrest warrant for Silvestre FRANCO-LUVIANO, and it does not contain every fact gathered by all law enforcement of?cers during the investigation. Application for a United States Pa83p0rt and Fraud Referral within the Northern District of Texas: 3. To understand the procedures for issuance of a United States PaSSport, it is important to understand what identi?cation documents are required to execute the required State Department Form 1) ?Application for a Passport? in the presence of a duly authorized Passport Acceptance Agent (PAA). Only the US. Department of State has the authority to grant, issue, or verify United States Passports. The passport applicant must present the DS-ll form in person, if applying for the ?rst time, at 1 of 7,000 passport acceptance locations located throughout the United States. 4. Along with the DS-II form, the applicant must provide two identical color photographs taken within the past six months showing a current appearance as well as a valid social security number lawfully issued to them. In addition, the applicant must provide proof of United States citizenship using: a previously issued United States Passport that is not mutilated, altered, or damaged; a certi?ed birth certi?cate from within the United States; a consular report of birth abroad or certi?cation of birth; or a United States Naturalization Certi?cate Certi?cate of Citizenship. Likewise, the applicant must present proof of identity using: a previous United States Passport that is not mutilated, altered, or damaged; a naturalization certi?cate with a clear color photograph attached; a valid driver?s license issued by a government agency within the United 20f? Case Document 1 Filed 06/18/12 Page 4 of 8 PageID 4 States; a government identification card issued by a city, state, or federal municipality; or a military identi?cation card issued by the United States Military for military personnel and their dependents. Finally, the applicant must pay applicable fees. Fraudulent Scheme 5. Through the course of my investigation, I have obtained probable cause to believe that Silvestre FRANCO-LUVIANO did unlawfully, knowingly, and willfully make false statements in an Application for a US. Passport in violation of Title 18, United States Code, Section 1542 (False Statement in Application for a United States Passport). On August 4, 2006, RANCO-LUVIANO executed a DS?ll Application for a US. Passport #135956205 at the Main United States Post Office in Dallas, Texas. establish his identity, FRANCO-LUVIANO submitted a true Texas Drivers License #05125520 in the identity of Juan Navarro Rios. To establish his US. citizenship, submitted a true Texas Certi?cate of Birth using the same name, Juan RIOS, claiming to be born on July 31, 1973 in Brownsville, Texas. While making the application, FRANCO-LUVIANO, under penalty of perjury, swore to the US. PaSSport Acceptance Clerk that all the information contained on his DS?ll Application for a US. Passport #135956205 was true and correct. Ten days later, on August 14, 2006, the Houston Passport Agency issued US. Passport #135956205 to LUVIANO in the identity of Juan Navarro Rios. US. Passport travel records show used US. Passport #135956205 to travel between the US. and Mexico 35 times. 3of7 Case 3:12-mj-00262-BH Document 1 Filed 06/18/12 Page 5 of 8 PageID 5 6. On April 9, 2011, the true Juan Rios submitted a DS-ll Application for a US. Passport #137632209 in Brownsville, Texas. As proof of identity, Rios provided State of Texas Driver License #19333201, and to prove his citizenship, he submitted a Texas Certi?cate of Birth, indicating he was born on July 31, 1973 in Brownsville, Texas. Because State Department records indicated that a Juan Rios with the same identi?ers had previously sought and obtained a US. Passport, the State Department refused to issue another passport to Juan Rios. On June 7, 2011, the State Department referred the US. PaSSport application #137632209 to the DSS HFO for investigation. 7. On April 2, 2012, DSS Special Agent (SA) Erik Patterson and DSS Special Agent (SA) David Holt interviewed the true Juan RIOS at his residence in Brownsville, Texas. As proof ofidentity, RIOS presented State of Texas Driver License #19333201. RIOS also provided SA Patterson and SA Holt with detailed information in support of his identity and birth in the US. including: early school records; family information matching Texas Bureau of Vital Statistics (BVS) and US. Citizenship and Immigration Services (USCIS) records; and a copy of Brownsville Police Department report #1001 1812, in which RIOS reported the theft of his identity. 8. SA Erik Patterson showed Rios the photographs of the individual (FRANCO-LUVIANO) shown on 2006 US. Passport application #135956205 and State of Texas Driver License #05125520. Rios stated he did not recognize the individual. Rios further provided SA Patterson and SA Holt with a sworn written statement in support of his identity as Juan Rios and his birth in Brownsville, Texas on 07/31/1973. 4of7 Case 3:12-mj-00262-BH Document 1 Filed 06/18/12 Page 6 of 8 PageID 6 9. Ultimately, after reviewing various databases and comparing photographs, SA Patterson and SA Holt determined that two different individuals were using Juan Rios?s identity. Texas Bureau of Vital Statistics records Show the Texas Certi?cate of Birth presented by Rios during the interview as valid, and Texas Department of Public Safety (DPS) records show two State of Texas Driver Licenses (#19333201 and #05125520) in the identity of Juan Rios with date of birth 07/31/1973. The photographs on license #19333201 and license #05 125 520 do not appear to match. However, the photograph on license #19333201 appears to match the photograph on the true Rios?s 2011 US. Passport application #137632209. The photograph on license #05125520 appears to match the photograph on 2006 US. Passport application #135956205. Criminal database records show three Federal Bureau of Investigation (FBI) numbers associated with RIOS's identity: and 204834MBO. Records show FBI belongs to the true Juan Rios, born 07/31/1973 in Brownsville, Texas. Records show belongs to Silvestre aka Juan Navarro Rios, born on May 15, 1976 in Altamirano, Guerrero, Mexico. 10. Once agents identi?ed that FRANCO-LUVIANO had committed passport fraud by falsely claiming to be Juan Rios, they approached DHS to attempt to locate FRANCO-LUVIANO. United States Citizenship and Immigration Service (USCIS) records show was last detained by Immigration and Customs Enforcement (ICE) of?cials on October 13, 201 1 after he was arrested on four counts of vehicle burglary in Williamson County, Texas. USCIS records show has alien ?le #074400545, which showed that 50f? Case 3:12-mj-00262-BH Document 1 Filed 06/18/12 Page 7 of 8 PageID 7 LUVIANO used the fraudulently?obtained passport in the name of Juan Rios on October 1, 2009 at the Hidalgo, Texas Port of Entry. Border Patrol seized US. Passport #135956205 from FRANCO-LUVIANO after he attempted to use the passport for entry into the US. 11. On April 4, 2012, D83 HFO conducted ?ngerprint and alien file cross- matches on and alien ?le #074400545. Records provided three photographs of FRANCO-LUVIANO, all of which appear to match the photograph on the 2006 US. Passport application #135956205 and State of Texas Driver License #05125520. On April 5,2012, ICE officials notified DSS HFO that was in US Marshal?s custody serving a prison sentence for Illegal Re-Entry After Deportation. As of June 18, 2012, FRANCO-LUVIANO is in ICE custody awaiting deportation to Mexico. 12. Based on the above information, I have probable cause to believe that on August 4, 2006, in the Dallas Division of the Northern District of Texas, Silvestre aka Juan Navarro Rios, did unlawfully, knowingly, and willfully make false statements in an Application for a US. PaSSport in Violation of Title 18, United States Code, Section 1542 (False Statement in Application for a United States Passport). 60f? Case Document 1 Filed 06/18/12 Page 8 of 8 PageID 8 Richard igbieISerhorHSpec-iayAkent United States Department'of?State Diplomatic Security Service Subscribed and sworn before me this /V?{3y of June, 2012 Irina C. Ramirez United States Magistrate Judge Northern District of Texas 7of7