Thursday, December 15, 2005

Public Corruption—Edcouch Elsa ISD Trustee

A trustee for the Edcouch Elsa Independent School District [hereinafter EE-ISD] in Texas has been charged in a three-count indictment with to commit , mail fraud, bribery relating to a federally funded government program and interstate travel in aid of a bribery scheme.[1] Aaron Luis Gonzalez is accused of accepting bribes from McAllen-area architectural firms in exchange for favorable treatment and official votes and influence regarding EE-ISD contracts.[2] EE-ISD is “a governmental entity which receives substantial federal funds.”[3]

According to the indictment, between 2000 and 2001, Mr. Gonzalez conspired to extort “cash payments, and free and deeply discounted construction services in renovating, upgrading and enlarging a suite of offices,” as well as expensive entertainment.[4] This was in exchange for the use of the official powers of Gonzalez’s elected office to arrange and assist others in bids for EE-ISD design and construction contracts[5]

Mr. Gonzalez is also charged with one count of violating the Travel Act and one count of extortion; allegedly, Mr. Gonzalez and another man used a commercial airline to travel to Las Vegas, Nevada, in October 2000, to promote a bribery scheme in violation of the Texas Penal Code.[6]

Finally, Mr. Gonzalez allegedly “extorted and received cash payments, and free and deeply discounted construction services to renovate, upgrade and enlarge the offices of his insurance business, and expensive entertainment, including a trip to Las Vegas, Nevada, all in exchange for the use of his official powers of elected office.”[7]

Conspiracy is covered by , which makes it a crime for a person to conspire with at least one other person to commit an offense against the United States, and then commit an overt act in furtherance of the conspiracy. The punishment for a violation of section 371 is a fine, imprisonment for up to 5 years, or both.

The Travel Act violation is covered by (a)(3), which makes it a crime for a person to travel in interstate commerce with the intent to promote, manage, establish or carry on any unlawful activity. The unlawful activity referred to in this statute is extortion.[8] The punishment for a violation of section 1952(a)(2) is a fine, imprisonment for up to 5 years or both.

Extortion is covered by (a), which makes it a crime for a person to, in any way or degree, obstruct or affect commerce by means of extortion. The definition of extortion means the “obtaining of property from another, with his consent, induced … under color of official right.”[9] The punishment for a violation of section 1951(a) is a fine, imprisonment for up to 20 years, or both.


[1] US Attorneys Office, , Dec. 15, 2005.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] 18 U.S.C. § 1952(b)(2).
[9] Id. § 1951(b)(3).

posted by McNabb Associates, P.C. @ 2:21 PM