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Date: 09-25-2018
Case Style:
United States of America v. Yanette Rodriguez Acosta aka Yanette Patino
Case Number: 4:17-cr-00437
Judge: Lee H Rosenthal
Court: United States District Court for the Southern District of Texas (Harris County)
Plaintiff's Attorney: Kate Suh
Defendant's Attorney: Ashley Louise Kaper
Description:
Houston, TX - Texas Woman Sentenced in Virtual Kidnapping Extortion Scheme
A 35-year-old Houston woman has been ordered to prison following her conviction of one count each of conspiracy to commit wire fraud and conspiracy to commit money laundering, announced U.S. Attorney Ryan K. Patrick. Yanette Rodriguez Acosta aka Yanette Patino pleaded guilty Feb. 22, 2018.
Today, Chief U.S. District Judge Lee H. Rosenthal ordered Acosta to serve an 88-month sentence to be immediately followed by three years of supervised release. In handing down the sentence, the court noted that there was evil in the world and that the defendant had a gleeful disregard for the victims, causing pain, fear and long term effects for profit.
Acosta took part in a scheme in which her co-conspirators in Mexico called victims throughout the United States in Texas, California and Idaho, falsely claiming they had kidnapped a victim’s child. They demanded ransom money in exchange for the safe release of the child.
“This is a disgusting crime that preyed on a parent’s love for a child,” said Patrick. “Even though there was no actual kidnapping, the crime was designed to be very real to the victims. The perseverance and dedication of federal and state law enforcement agents and officers sends a strong message that we will not tolerate, and will zealously pursue, this kind of crime that terrorizes victims for financial gain.”
At the hearing today, victims detailed their harrowing and traumatizing experiences as they complied with the caller’s demands, who frequently threatened the victims and their family members with violence and retaliation if they reported the crime. The court also considered written victim impact statements. In one instance, a couple was informed that they could find their child at a nearby middle school. Not finding their son, and unable to get in touch with him, the couple then searched nearby dumpsters for the child’s body. Other victims described their loss of good health, sense of security, trust in others and the devastation and life-changing emotional trauma they experienced as a result of the crime.
“Virtual kidnapping schemes targeting American families are on the rise and those perpetrating the crime have perfected their techniques,” said Assistant Director in Charge Paul Delacourt, of the FBI's Los Angeles Field Office. “Victims of this terrifying scheme have experienced trauma, in addition to losing large sums of money. As the FBI and our partners continue to investigate these crimes and encourage the public to learn the signs of the scheme to avoid victimization, this sentencing should send a message to those perpetrating virtual kidnappings.”
“The sentence received by Acosta today represents a victory not just for the justice system, but for the many traumatized victims who received an intimidating phone call from the perpetrators of this heinous and cruel crime,” stated Special Agent in Charge R. Damon Rowe of IRS-Criminal Investigation (CI). “This investigation reflects IRS-CI’s steadfast commitment to protect our financial system from being used in an unscrupulous manner and hold accountable those who prey on the vulnerability of our relationships with our loved ones.”
The victims, who heard a gasping voice call for “mom” or “dad” on the phone, often responded with their child’s name, unaware that they were providing the caller with that information. Then, referring to the child by name, the caller claimed to have kidnapped the child, falsely leading the victim to believe there was an actual kidnapping.
Under threats of bodily harm, rape and murder of the child if the line were disconnected, many victims were forced to remain on speakerphone for hours while driving to banks and to various Western Union and MoneyGram locations. In some cases, victims were instructed to make cash drops at specified locations in Houston.
After confirming the wire transfer or money drop, the perpetrators instructed the victims to call the child, who had never been actually kidnapped, or to wait for the child at a specific location, knowing the child would not be there.
Previously released on bond, Acosta was taken into custody following sentencing today where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Los Angeles, California, Field Offices of the FBI and IRS-CI conducted the investigation along with the police departments in Los Angeles and Beverly Hills, California, and the Montgomery County, Texas, Sheriff’s Office with the assistance of Immigration and Customs Enforcement’s Homeland Security Investigations in Los Angeles.
The Money Laundering and Asset Recovery Section of the Department of Justice also provided valuable assistance during the course of the investigation.
Charges:
CONSPIRACY TO COMMIT WIRE FRAUD
(1)
WIRE FRAUD
(2-9)
CONSPIRACY TO COMMIT MONEY LAUNDERING
(10)
Outcome: Custody of the BOP for a term of EIGHTY-EIGHT (88) months, as to each Count 1 and 10, to run concurrently for a Total Term of EIGHTY-EIGHT (88) months, Supervised Release for a Term of THREE (3) years, as to each Count 1 and 10, to run concurrently for a Total term of THREE (3) years, Fine is WAIVED, Special Assessment of 200.00 and Restitution TBD at hearing o be held at a later date.
07/18/2017 1 INDICTMENT (The original indictment with the signature of the grand jury foreperson is on file under seal with the clerk) as to Yanette Rodriguez Acosta (1) count(s) 1, 2-9, 10, filed. (wbostic, 4) (Entered: 07/18/2017)
07/18/2017 2 US Attys Criminal Docket Sheet as to Yanette Rodriguez Acosta, filed. (wbostic, 4) (Entered: 07/18/2017)
07/18/2017 3 ORDER for Issuance of Arrest Warrant as to Yanette Rodriguez Acosta. (Signed by Magistrate Judge Nancy K Johnson) Parties notified. (wbostic, 4) (Entered: 07/18/2017)
07/18/2017 4 Sealed Event, filed. (Entered: 07/18/2017)
07/18/2017 5 ORDER granting 4 Sealed Motion as to Yanette Rodriguez Acosta (1). (Signed by Magistrate Judge Nancy K Johnson.) Parties notified. (wbostic, 4) (Entered: 07/18/2017)
07/20/2017 ***Set Hearing as to Yanette Rodriguez Acosta: Initial Appearance set for 7/20/2017 at 02:00 PM before Magistrate Judge Nancy K Johnson (kmurphy, 4) (Entered: 07/20/2017)
07/20/2017 Arrest of Yanette Rodriguez Acosta. (kmurphyadi, 4) (Entered: 07/21/2017)
07/20/2017 INITIAL APPEARANCE Minute Entry for proceedings held on 7/20/2017 before Magistrate Judge Nancy K Johnson as to Yanette Rodriguez Acosta, Defendant first appearance on Indictment. (Deft informed of rights). Defendant requests appointed counsel, Financial affidavit executed, Defendant appeared with counsel. Order appointing FPD to be entered, Bond set, Unsecured $50,000 with surety signature of sister by 7/21/2017 at 5:00 pm, Defendant advised of conditions of release, Surety signature(s) required. Appearances: AUSA Kate Suh f/USA; AFPD Philip Gallagher f/Deft.(ERO:Yes) (Interpreter: No) (Pretrial Officer: S Garza) Bond executed and deft to be released, filed.(kmurphyadi, 4) (Entered: 07/21/2017)
07/20/2017 6 Sealed Financial Affidavit CJA 23 by Yanette Rodriguez Acosta, filed. (Entered: 07/21/2017)
07/20/2017 7 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Yanette Rodriguez Acosta. ( Signed by Magistrate Judge Nancy K Johnson) Parties notified. (kmurphyadi, 4) (Entered: 07/21/2017)
07/20/2017 ARRAIGNMENT Minute Entry for proceedings held on 7/20/2017 before Magistrate Judge Nancy K Johnson as to Yanette Rodriguez Acosta (1). Deft enters a plea of Not Guilty on Count(s) 1,2-9,10. Defendant appeared with counsel. Scheduling order to be issued. Appearances: AUSA Kate Suh f/USA; AFPD Philip Gallagher f/Deft.(ERO:Yes) (Interpreter: No) (Pretrial Officer: S Garza) Deft continued on bond, filed.(kmurphyadi, 4) (Entered: 07/21/2017)
07/20/2017 8 SCHEDULING ORDER as to Yanette Rodriguez Acosta. ETT: 3-4 Days: Motion filing due by 8/28/2017. Responses due by 9/11/2017. Pretrial Conference set for 9/18/2017 at 8:45 AM in Courtroom 11B before Judge Lee H Rosenthal. Jury Selection and Trial set for 9/25/2017 at 9:00 AM in Courtroom 11B before Judge Lee H Rosenthal. ( Signed by Magistrate Judge Nancy K Johnson) Parties notified. (kmurphyadi, 4) (Entered: 07/21/2017)
07/20/2017 9 Unsecured Bond Entered as to Yanette Rodriguez Acosta in amount of $ 50,000 with surety signature, filed. (Attachments: # 1 Unredacted attachment)(kmurphy, 4) (Entered: 07/21/2017)
07/20/2017 10 ORDER Setting Conditions of Release ( Signed by Magistrate Judge Nancy K Johnson) (Attachments: # 1 Unredacted attachment) Parties notified. (kmurphy, 4) (Entered: 07/21/2017)
07/21/2017 NOTICE OF ATTORNEY APPEARANCE Ashley Louise Kaper, Federal Public Defender, in case as to Yanette Rodriguez Acosta, filed.(Kaper, Ashley) (Entered: 07/21/2017)
07/25/2017 11 Arrest Warrant issued 07/18/2017 Returned Executed on 07/20/2017 in case as to Yanette Rodriguez Acosta. Document restricted from PACER under privacy policy, filed. (gkelner, 4) (Entered: 07/26/2017)
08/15/2017 12 MOTION to Continue by Yanette Rodriguez Acosta, filed. (Attachments: # 1 Proposed Order)(Kaper, Ashley) (Entered: 08/15/2017)
08/16/2017 13 ORDER TO CONTINUE entered in the Interest of Justice as to Yanette Rodriguez Acosta; GRANTING 12 MOTION to Continue . Deadlines amended as follows: Dispositive Motion Filing due by 11/20/2017, Non-Dispositive Motion Filing due by 11/20/2017, Responses due by 12/4/2017, Pretrial Conference reset for 12/11/2017 at 08:45 AM and Jury Trial reset for 12/18/2017 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (leddins, 4) (Entered: 08/16/2017)
08/18/2017 14 Unopposed MOTION for Protective Order by USA as to Yanette Rodriguez Acosta, filed. (Attachments: # 1 Proposed Order)(Suh, Eun Kate) (Entered: 08/18/2017)
08/18/2017 15 ORDER granting 14 Motion for Protective Order as to Yanette Rodriguez Acosta (1) (Signed by Chief Judge Lee H Rosenthal.) Parties notified. (wbostic, 4) (Entered: 08/18/2017)
12/06/2017 16 Unopposed MOTION to Continue by Yanette Rodriguez Acosta, filed. (Attachments: # 1 Proposed Order)(Kaper, Ashley) (Entered: 12/06/2017)
12/07/2017 17 ORDER TO CONTINUE entered in the Interest of Justice as to Yanette Rodriguez Acosta; GRANTING 16 Unopposed MOTION to Continue ( Dispositive Motion Filing due by 1/29/2018, Non-Dispositive Motion Filing due by 1/29/2018, Responses due by 1/12/2018, Pretrial Conference reset for 2/20/2018 at 08:45 AMand Jury Trial reset for 2/26/2018 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (leddins, 4) (Entered: 12/07/2017)
02/02/2018 **Terminate Deadlines and Hearings as to Yanette Rodriguez Acosta: Re-Arraignment date set. Notice to issue. (leddins, 4) (Entered: 02/02/2018)
02/02/2018 18 ORDER entered REFERRING CASE to Magistrate Judge Christina A Bryan as to Yanette Rodriguez Acosta for the purpose of entering a guilty plea. ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (leddins, 4) (Entered: 02/02/2018)
02/02/2018 19 NOTICE OF SETTING as to Yanette Rodriguez Acosta. Re-Arraignment set for 2/22/2018 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (leddins, 4) (Entered: 02/02/2018)
02/22/2018 20 Minute Entry for proceedings held before Magistrate Judge Christina A Bryan: RE-ARRAIGNMENT held on 2/22/2018. Yanette Rodriguez Acosta (1) Guilty Count 1,10. Appearances: Eun Kate Ae Suh, Ashley Louise Kaper.(ERO:S. Warda) (Interpreter:No) Deft continued on Bond, filed.(cjan, 4) (Entered: 02/22/2018)
02/22/2018 21 Consent to Administration of Guilty Plea and Fed.R.Crim.P. 11 Allocution by United States Magistrate Judge by Yanette Rodriguez Acosta, filed. (cjan, 4) (Entered: 02/22/2018)
02/22/2018 22 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Yanette Rodriguez Acosta. PSI Completion due by 4/18/2018 Objection to PSI due by 5/2/2018 Final PSI due by 5/16/2018 Sentencing set for 5/30/2018 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal ( Signed by Magistrate Judge Christina A Bryan) Parties notified. (cjan, 4) (Entered: 02/22/2018)
02/22/2018 23 Sealed Event, filed. (Entered: 02/22/2018)
02/22/2018 24 REPORT AND RECOMMENDATION - Guilty Plea as to Yanette Rodriguez Acosta. Objections to R&R due by 3/12/2018 ( Signed by Magistrate Judge Christina A Bryan) Parties notified. (cjan, 4) (Entered: 02/22/2018)
02/26/2018 25 ORDER Imposing Money Judgment as to Yanette Rodriguez Acosta ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (jguajardo, 4) (Entered: 02/26/2018)
02/27/2018 26 Unopposed MOTION to Modify Conditions of Release by Yanette Rodriguez Acosta, filed. (Attachments: # 1 Proposed Order)(Kaper, Ashley) (Entered: 02/27/2018)
02/27/2018 27 ORDER Granting 26 Motion to Modify Conditions of Release as to Yanette Rodriguez Acosta (1).(Signed by Chief Judge Lee H Rosenthal.) Parties notified.(jguajardo, 4) (Entered: 02/28/2018)
04/02/2018 28 ORDER entered ADOPTING REPORT AND RECOMMENDATION - Guilty Plea as to Yanette Rodriguez Acosta re: 24 Report and Recommendation - Guilty Plea. ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (leddins, 4) (Entered: 04/02/2018)
04/23/2018 29 ORDER entered Resetting Sentencing as to Yanette Rodriguez Acosta at the request of US Probation: PSI Completion due by 5/25/2018 and Sentencing reset for 7/12/2018 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (leddins, 4) (Entered: 04/23/2018)
06/01/2018 30 Unopposed MOTION to Continue Sentencing by Yanette Rodriguez Acosta, filed. (Attachments: # 1 Proposed Order)(Kaper, Ashley) (Entered: 06/01/2018)
06/04/2018 31 ORDER entered as to Yanette Rodriguez Acosta : GRANTING 30 Unopposed MOTION to Continue Sentencing . Objection to PSI due by 9/14/2018 and Sentencing reset for 9/20/2018 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (leddins, 4) (Entered: 06/04/2018)
08/02/2018 32 Objection to Presentence Investigation Report (Sealed) by Yanette Rodriguez Acosta, filed. (With attachments) (Entered: 08/02/2018)
09/14/2018 33 Sentencing Memorandum (Sealed) by USA as to Yanette Rodriguez Acosta, filed. (With attachments) (Entered: 09/14/2018)
09/14/2018 34 Final Presentence Investigation Report (Sealed) as to Yanette Rodriguez Acosta, filed. (JessicaBabicz, 4) (Entered: 09/14/2018)
09/14/2018 35 Sealed Addendum to 34 Final Presentence Investigation Report (Sealed) as to Yanette Rodriguez Acosta, filed. (JessicaBabicz, 4) (Entered: 09/14/2018)
09/14/2018 36 Sealed Attachment to 35 Sealed Addendum as to Yanette Rodriguez Acosta, filed. (JessicaBabicz, 4) (Entered: 09/14/2018)
09/14/2018 37 Confidential Sentencing Recommendation(Sealed) regarding Yanette Rodriguez Acosta, filed. (JessicaBabicz, 4) (Entered: 09/14/2018)
09/17/2018 38 Opposed MOTION to Continue Sentencing by Yanette Rodriguez Acosta, filed. (Attachments: # 1 Proposed Order)(Kaper, Ashley) (Entered: 09/17/2018)
09/18/2018 39 Sealed Event, filed. (With attachments) (Entered: 09/18/2018)
09/18/2018 40 REPLY TO RESPONSE to Motion by Yanette Rodriguez Acosta re 38 Opposed MOTION to Continue Sentencing , filed.(Kaper, Ashley) (Entered: 09/18/2018)
09/18/2018 41 ORDER entered as to Yanette Rodriguez Acosta: DENYING 38 Opposed MOTION to Continue Sentencing . The sentencing will proceed as scheduled. ( Signed by Chief Judge Lee H Rosenthal) Parties notified. (leddins, 4) (Entered: 09/18/2018)
09/19/2018 42 Sentencing Memorandum (Sealed) by Yanette Rodriguez Acosta, filed. (With attachments) (Entered: 09/19/2018)
09/19/2018 43 Second Sealed Addendum to 34 Final Presentence Investigation Report (Sealed) as to Yanette Rodriguez Acosta, filed. (skearns, 4) (Entered: 09/19/2018)
09/19/2018 44 Sealed Attachment to 43 Sealed Addendum as to Yanette Rodriguez Acosta, filed. (skearns, 4) (Entered: 09/19/2018)
09/20/2018 45 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal: Sentencing held on 9/20/2018 for Yanette Rodriguez Acosta, as to Counts 1 and 10: The defendant is committed to the Custody of the BOP for a term of EIGHTY-EIGHT (88) months, as to each Count 1 and 10, to run concurrently for a Total Term of EIGHTY-EIGHT (88) months, Supervised Release for a Term of THREE (3) years, as to each Count 1 and 10, to run concurrently for a Total term of THREE (3) years, Fine is WAIVED, Special Assessment of 200.00 and Restitution TBD at hearing to be held at a later date. Defendant will receive FOUR (4) months credit for state time served. Appeal rights explained. Defendant is REMANDED to Custody of the US Marshals to begin serving the sentence. Government will file a motion to dismiss the remaining counts. The court recommends designation close to the Houston area. Appearances: Eun Kate Ae Suh, Ashley Louise Kaper.(Court Reporter: B.Slavin) (Interpreter:No) Deft remanded to US Marshals, filed.(leddins, 4) (Entered: 09/21/2018)
Plaintiff's Experts:
Defendant's Experts:
Comments: