Judge says prosecutors had no probable cause to charge ropa usada manager with a felony

McALLEN, Texas (ValleyCentral) — The government’s case against people who owned and operated ropa usada warehouses in McAllen suffered another setback on Friday, when a judge ruled that prosecutors had no probable cause to charge a manager at Moon Rise Trading with a felony.

U.S. Magistrate Judge Juan F. Alanis dismissed a felony charge against Brenda Gonzalez, a manager at Moon Rise Trading Corp., on Friday afternoon.

“It is unclear at this point as to Defendant’s role within the business,” Alanis ruled on Friday, “therefore, while the evidence may implicate the owners of the business in both the unlawful employment of aliens and the encouraging and inducing an alien to come, enter, or reside within the United States, knowing and in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law, there is insufficient evidence to establish probable cause as to this Defendant.”

Alanis, however, allowed a misdemeanor charge against Gonzalez to move forward.

Her attorney, Michael C. Gross of San Antonio, declined to comment.

Homeland Security Investigations, which is part of U.S. Immigration and Customs Enforcement, raided Moon Rise Trading and four other ropa usada warehouses on Oct. 2.

Agents charged nine people who owned or operated the businesses with encouraging or inducing an alien to reside in the United States unlawfully, which is a felony; unlawful employment, which is a misdemeanor; and other crimes.

They also charged 22 people who allegedly worked at the businesses with visa fraud.

Prosecutors, though, had trouble proving the charges in court.

Alanis dismissed 18 of the visa fraud cases after he concluded the government had stretched the law.

Gonzalez challenged her charges during a probable cause hearing.

Homeland Security Investigations sent an informant to apply for a job at Moon Rise Trading in June.

“He was to portray himself as an illegal alien to seek employment,” Special Agent Mario Godinez said during a hearing on Oct. 9. “And see if they would hire him without the proper documentation.”

Gonzalez said Moon Rise Trading wasn’t hiring, Godinez said, but she agreed to call the informant whenever a position opened up.

“He did mention that he needed to get paid in cash due to his lack of documentation,” Godinez said.

The informant said his spouse needed a job too. Like the informant, she lacked permission to work in the United States.

“To which Brenda stated: That’s fine, you can bring her next time,” Godinez said.

Gonzalez called the informant back about two weeks later.

He showed up at Moon Rise Trading on July 14 wearing a hidden camera. Gonzalez showed him the employee lockers, Godinez said, and put him to work.

While he worked, the informant recorded conversations with other employees.

“The confidential informant stated that he was afraid of not getting paid due to his lack of documentation,” Godinez said. “To which the employees reassured him that they also lacked documentation and were still getting paid — and were receiving that payment in cash.”

Homeland Security Investigations arrested Gonzalez and Madiam Jahnai Escobedo, another manager at Moon Rise Trading, on Oct. 2.

Escobedo is part of a wealthy family that owns Moon Rise Trading and several other businesses. Gonzalez supervised employees, but exactly how much authority she had remains unclear.

Her attorney emphasized that point during the Oct. 9 hearing.

According to the criminal complaint, Gonzalez hired the informant “at the behest of” Escobedo.

Godinez, the federal agent, acknowledged that he didn’t know what, exactly, that meant or how much authority Gonzalez had to hire employees without Escobedo’s approval.

“There’s zero evidence where Brenda Gonzalez allegedly encouraged or induced an alien to come to, enter or reside in the U.S.,” her attorney said. “Zero evidence.”

Assistant U.S. Attorney Patricia Cook Profit, who is prosecuting the case, disagreed.

“It was more than just: Here, you have a job,” Profit said. “It was: Here, you have a job and you’re being paid in cash. And this will allow you to work here and allow you to evade the authorities.”

After researching the charge, Alanis found the government lacked probable cause for the felony.

Alanis allowed the government to proceed with the unlawful employment charge, which is a misdemeanor. If convicted, Gonzalez faces a maximum of six months in jail.