According to a press release from the United States Attorney’s Office for the Eastern District of Virginia, Jose Calderon and Noemi Barboza, of Sterling, Virginia, were indicted on September 27, 2013 by a federal grand jury on charges of conspiring to bribe of an employee of a state agency receiving federal assistance. The maximum penalty in such cases is ten (10) years imprisonment.

The indictment alleges that over an approximately three (3) year period, Calderon and Barboza solicited cash payments from undocumented aliens in return for helping them secure documents from the Department of Motor Vehicles for which they were not eligible. It is alleged that they used the solicited funds to bribe a DMV employee to falsely verify eligibility for issuance of the requested DMV documents for the otherwise ineligible parties, and guided such applicants to the bribed DMV official.

In order to sustain a conviction, the Government must prove that Caledron and Barboza: 1) gave, offered, or agreed to give something of value to the DMV official; 2) with the intent to influence or reward that official in connection to verifying the eligibility of the ineligible applicants for the DMV documents; 3) that the offerings involved things valued at $5,000 or more; and 4) that the DMV in a one year period, received benefits of more than $10,000 under any Federal program involving a grant, contract subsidy, loan, guarantee, insurance or other assistance, with the one year period beginning no more than 12 months before the defendants committed these acts and ending no later than 12 months afterwards.

A trial date has been set for November 19, 2013 in Alexandria, VA. According to recent court documents, the Government has requested fifty (50) subpoenas from the Clerk of the Court, so there could be quite a bit of testimony presented in this matter.

The author of this blog is Erich Ferrari, an attorney specializing in Federal Criminal Defense matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrariassociatespc.com.

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