BORDER PATROL AGENT CONVICTED FOR PUBLIC CORRUPTION

 

   HOUSTON, TX – David Duque, Jr., 36, a former U.S. Border Patrol Agent, was convicted for illegally transferring identification documents and using and agreeing to use his position as a Border Patrol Agent to assist in the smuggling of cocaine from Mexico across the Falfurrias, Texas, border checkpoint and into the United States, announced U.S. Attorney Don DeGabrielle.

        At a re-arraignment hearing held late this afternoon, Duque pleaded guilty to four federal felony offenses charged in a superseding indictment returned on August 22, 2006.  He faces a maximum punishment of 15 years in federal prison, without parole, a $250,000 file and three (3) years of supervised release for the bribery of a public official conviction and a maximum of five (5) years in federal prison, without parole, for possession with intent to unlawfully transfer documents.  Sentencing has been set for November 17, 2006, at 11:00 a.m.  Duque remains on bond at this time.

        The investigation that led to the arrest began after a cooperating source (CS) disclosed that Duque was involved in illegal activity.  While being recorded by law enforcement, the cooperating source illegally purchased almost 70 identification documents from Duque, which Duque unlawfully acquired while performing his duties with the Border Patrol. 

        Duque admitted that he used his position and authority to provide for the safe passage of kilogram quantities of cocaine across the Falfurrias checkpoint.  While on duty on June 14, 2006, Duque knowingly assisted a vehicle loaded with cocaine to successfully pass through the Falfurrias checkpoint by the CS while under the surveillance of law enforcement.  Two packages provided by agents of the Federal Bureau of Investigation (FBI) containing 4.8 kilograms of cocaine were secreted in the vehicle, which was being monitored by the FBI.  Duque was paid $5,000 in U.S. currency for assisting in the smuggling of these narcotics.  

        Duque, had been employed as a Border Patrol Agent since the mid-1990s.

        This case was investigated by special agents with the Federal Bureau of Investigation, the Internal Revenue Service and the Office of Inspector General - U.S. Department of Homeland Security.   This case is being prosecuted by Assistant United States Attorney Shelley J. Hicks.