Case Document 19 Filed in TXSD on 02/28/18 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION FEB 2 8 2018 an": UNITED STATES OF AMERICA CRIMINAL 0. 18-cr? RODOLFO DELGADO )1 8 CR 1 1 5 INDICTMENT The United States Grand Jury charges: GENERAL ALLEGATIONS At all times material to this Indictment: . Defendant Rodolfo ?Rudy? DELGADO served as a district judge for the 93rd District Court of Texas, based in the town of Edinburg in Hidalgo County, Texas. Texas Judiciarv Background 2. The Texas Constitution creates judicial districts and decrees that there shall be at least one judge in each district. The district courts have ?exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies? in Texas except those designated to other courts. AS a judge for the 93rd Judicial District, DELGADO was an agent of the State of Texas. 3. DELGADO was elected to serve as a state district judge for the 93rd Judicial District in 2004, 2008, 2012, and 2016. responsibilities as a district judge include presiding over matters civil and criminal matters of Texas state law in the 93rd Judicial District and in other judicial districts of Texas by assignment. 4. As a district judge, DELGADO took an oath to uphold the Constitution of the United Case Document 19 Filed in TXSD on 02/28/18 Page 2 of 9 States and the Constitution and laws of the State of Texas and to faithfully execute the duties of his of?ce. Furthermore, the Texas Code of Judicial Conduct, which sets standards of conduct for the judges of Texas state courts, including the District Court for the 93rd Judicial District, requires judges to ?participate in establishing, maintaining and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved. The Code of Judicial Conduct also requires that state judges ?comply with the law and should act at all times in a manner that promotes public con?dence in the integrity and impartiality of the judiciary.? 5. At all times material to this Indictment the State of Texas received bene?ts in excess of$ 10,000 per year under Federal programs involving grants, contracts, subsidies, loans, guarantees, insurance, and other forms of Federal assistance. Arrest and Bond Procedure 6. As part of his duties as a district judge, DELGADO oversaw cases involving defendants assigned to the 93rd District Court who were being supervised by the Hidalgo County Adult Probation Of?ce. When one of those defendants was alleged to have violated the terms governing his or her community supervision, DELGADO issued orders authorizing the arrest of those defendants. Once the defendants were arrested, they were detained pending a hearing on the alleged violations. 7. Under Texas law, defendants who are alleged to have violated the terms of their community supervision are not entitled to bail. However, as a district judge, DELGADO may, in his discretion, order that a defendant arrested pursuant to allegations that they violated the terms of their community supervision be released on bail pending the hearing. If DELGADO grants bail, DELGADO may order the defendant to post an amount of money, either in cash or through a surety, Case 4:18-cr-00115 Document 19 Filed in TXSD on 02/28/18 Page 3 of 9 to assure the defendant?s appearance at the hearing. However, DELGADO may also release the defendant with a ?personal bond,? which is a promise by the defendant to pay a certain amount of money to the court if that defendant does not appear for future scheduled court dates, but does not require the defendant to post any amount of money with the court upon release. 8. When a defendant is released on bail, whether with a cash bond or a personal bond, the defendant may be required to adhere to conditions of release as dictated by DELGADO and administered by the Hidalgo County Adult Probation Of?ce. Bribes Paid to Delgado Person A 9. In or about June 2016, DELGADO signed an Order to Issue Capias for Arrest for Person A, an individual whose identity is known by the grand jury, based on a Motion to Revoke State ail Felony Post Conviction Community Service ?led by a Hidal go County Assistant District Attorney. 10. On or about December 2016, Person A was arrested on the warrant issued on order of DELGADO and was detained in the Hidalgo County Jail. 1 1. In or about December 2016, Person A?s attorney, Attorney A, a person who is known to the grand jury, paid DELGADO approximately $260 in US. currency in exchange for agreement to release Person A on a personal bond. 12. On or about December 2016, Person A appeared before DELGADO for a hearing. DELGADO granted Person A a $5,000 personal bond, and Person A was released from ail, pending a hearing in January 2017. Person 13. In or about April 2017, DELGADO signed an Order to Issue Capias for Arrest for Case 4:18-cr-00115 Document 19 Filed in TXSD on 02/28/18 Page 4 of 9 Person B, an individual whose identity is known by the grand jury, based on a Motion to Revoke State Jail Felony Post Conviction Community Service ?led by a Hidalgo County Assistant District Attorney. 14. On or about November 2017, Person was arrested on the warrant issued on order of DELGADO and was detained in the Hidalgo County Jail. 15. In or about November 2017, Person B?s attorney, Attorney A, paid DELGADO approximately $260 in US. currency in exchange for agreement to release Person on a personal bond. 16. On or about November 2017, Person A appeared before DELGADO for a hearing. DELGADO granted Person a $5,000 personal bond, and Person was released from jail. Person 17. In or about June 2017, DELGADO signed an Order to Issue Capias for Arrest for Person C, an individual whose identity is known by the grand jury, based on a Motion to Revoke State Jail Felony Post Conviction Community Service ?led by a Hidalgo County Assistant District Attorney. 18. On or about January 2018, Person was arrested on the warrant issued on order of DELGADO and was detained in the Hidalgo County Jail. 19. In or about January 2018, Person C?s attorney, Attorney A, paid DELGADO approximately $5,500 in U. S. currency in exchange for agreement to release Person on a personal bond. 20. On or about January 2018, Person A appeared before DELGADO for a hearing. DELGADO granted Person a $5,000 personal recognizance bond and Person was released from jail. Case 4:18-cr-00115 Document 19 Filed in TXSD on 02/28/18 Page 5 of 9 COUNT 1: Federal Program Bribery 18 U.S.C. 666(a)(1)(B) 21. Paragraphs 1 through 20 of this Indictment are re~alleged as if fully set forth herein. 22. From at least in or about January 2016, up to and including in or about December 2016, in the Southern District of Texas and elsewhere, the defendant, RODOLFO DELGADO, the elected district judge for the 93rd District Court of Texas, did willfully, knowingly, and corruptly, solicit and demanded for his own bene?t, and accepted and agreed to accept something of value, that is, US. currency from Attorney A, intending to be in?uenced and rewarded in connection with a business, transaction, and series of transactions of the State of Texas valued at $5,000 or more, that is, the criminal matter of Person A, and during that same one?year period the State of Texas received bene?ts in excess of $10,000 under Federal programs involving a grant, contact, subsidy, loan, guarantee, insurance, and other form of Federal assistance. All in violation of Title 18, United States Code, Section COUNT 2: Federal Program Bribery 18 U.S.C. 666(a)(1)(B) 23. Paragraphs 1 through 20 of this Indictment are re-alleged as if fully set forth herein. 24. From at least in or about January 2017, up to and including in or about December 2017, in the Southern District of Texas and elsewhere, the defendant, RODOLFO DELGADO, the elected district judge for the 93rd District Court of Texas, did willfully, knowingly, and corruptly, solicit and demanded for his own bene?t, and accepted and agreed to accept something of value, that is, US. currency from Attorney A, intending to be in?uenced and rewarded in connection with a business, transaction, and series of transactions of the State of Texas valued at $5,000 or more, that Case 4:18-cr-00115 Document 19 Filed in TXSD on 02/28/18 Page 6 of 9 is, the criminal matter of Person and during that same one-year period the State of Texas received bene?ts in excess of $10,000 under Federal programs involving a grant, contact, subsidy, loan, guarantee, insurance, and other form of Federal assistance. All in violation of Title 18, United States Code, Section COUNT 3: Federal Program Bribery 18 U.S.C. 666(a)(1)(B) 25. Paragraphs 1 through 20 of this Indictment are re-alleged as if fully set forth herein. 26. From at least in or about March 2017, up to and including in or about February 2018, in the Southern District of Texas and elsewhere, the defendant, RODOLFO DELGADO, the elected district judge for the 93rd District Court of Texas, did Will?illy, knowingly, and corruptly, solicit and demanded for his own bene?t, and accepted and agreed to accept something of value, that is, US. currency from Attorney A, intending to be in?uenced and rewarded in connection with a business, transaction, and series of transactions of the State of Texas involving any thing of value at $5,000 or more, that is the criminal matter of Person C, and during that same one?year period the State of Texas received bene?ts in excess of $10,000 under a Federal program involving a grant, contact, subsidy, loan, guarantee, insurance, and other form of Federal assistance. All in violation of Title 18, United States Code, Section COUNT 4: Travel Act 18 U.S.C. 1952 27. Paragraphs 1 through 20 of this Indictment are re?alleged as if fully set forth herein. 28. On or about December 13, 2016, in the Southern District of Texas and elsewhere, the defendant, RODOLFO DELGADO, Case 4:18-cr-00115 Document 19 Filed in TXSD on 02/28/18 Page 7 of 9 knowingly and willfully did use and cause to be used a facility in interstate and foreign commerce, namely a telephone, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on of an unlawful activity, namely, bribery, contrary to Article XVI, 41 of the Texas Constitution and Texas Penal Code 36.02, and thereafter performed and attempted to perform an act to promote, manage, establish and carry on, and to facilitate the promotion, management, establishment and carrying on of the above unlawful activity. All in violation of Title 18, United States Code, Section 1952(a)(3). COUNT 5: Travel Act 18 U.S.C. 1952 29. Paragraphs 1 through 20 of this Indictment are re?alleged as if fully set forth herein. 30. On or about November 27, 2017, in the Southern District of Texas and elsewhere, the defendant, RODOLFO DELGADO, knowingly and willfully did use and cause to be used a facility in interstate and foreign commerce, namely a telephone, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on of an unlawful activity, namely, bribery, contrary to Article XVI, 41 of the Texas Constitution and Texas Penal Code 36.02, and thereafter performed and attempted to perform an act to promote, manage, establish and carry on, and to facilitate the promotion, management, establishment and carrying on of the above unlawful activity. All in violation of Title 18, United States Code, Section 1952(a)(3). Case 4:18-cr-00115 Document 19 Filed in TXSD on 02/28/18 Page 8 of 9 COUNT 6: Travel Act 18 U.S.C. 1952 31. Paragraphs 1 through 20 of this Indictment are re-alleged as if fully set forth herein. 32. On or about January 17, 2018, in the Southern District of Texas and elsewhere, the defendant, RODOLFO DELGADO, knowingly and willfully did use and cause to be used a facility in interstate and foreign commerce, namely a telephone, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on of an unlawful activity, namely, bribery, contrary to Article XVI, 41 of the Texas Constitution and Texas Penal Code 36.02, and thereafter performed and attempted to perform an act to promote, manage, establish and carry on, and to facilitate the promotion, management, establishment and carrying on of the above unlawful activity. All in violation of Title 18, United States Code, Section 1952(a)(3). NOTICE OF CRIMINAL ORFEITURE 18 U.S.C. 981(a)(1)(C) and 28 U.S.C. 2461(c) 33. Pursuant to Title 18, United States Code, Section and Title 28, United States Code, Section 2461(c), the United States gives notice to the defendant, RODOLFO DELGADO, that upon conviction of an offense in violation of Title 18, United States Code, Section as charged in Counts One through Three of this Indictment, all property, real or personal, which constitutes or is derived from proceeds traceable to such offense, is subject to forfeiture. Property Subiect to Forfeiture The property subject to forfeiture is approximately $6,000.00. In the event that a condition Case Document 19 Filed in TXSD on 02/28/18 Page 9 of 9 listed in Title 21, United States Code, Section 853 exists, the United States will seek to forfeit any other property of the defendant in substitution up to the total value of the property subject to forfeiture. The United States may seek the imposition of a money judgment. AIRUE BILR: ORIGINAL SIGNATURE ON FILE THE RYAN K. PATRICK United States Attorney . Searle As stant United States Attorney Southern District of Texas Email: Julie.Searle@usdoj .gov Robert Guerra Assistant United States Attorney Southern District of Texas Email: Robert.Guerra@usdoj. gov Peter M. Nothstein Trial Attorney Public Integrity Section, Criminal Division Email: Peter.Nothstein@usdoj . gov