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Coryell County Jail, Gatesville, Texas
November 13, 2006 Killeen Daily Herald
A Willacy County official has a word of caution for the Coryell
County Commissioners' Court as it considers a private prison vendor as a
remedy for its overcrowded jail facility. "Have your sheriff talk to our
sheriff. He will let you know what kind of problems he is having," said
Juan Guerra, who pulls double duty as both county and district attorney
in Willacy County. Guerra said his county has struggled through criminal
investigations that saw two of its county commissioners convicted, and
it is also is in danger of defaulting on a bond payment because it
hasn't received enough federal prisoners to generate the needed revenue
to sustain the facility. Coryell County Commissioners are expected to
open a proposal from Innovative Government Strategies to construct and
operate a jail facility when they meet in regular session at 10 a.m.
Monday in the Coryell County Courthouse. According to the documents
turned in by Innovative Government Strategies, the proposed project team
includes James Parkey, with Corplan Corrections Inc., for developer,
Hale-Mills for construction company, Municipal Capital Markets Group for
financing, Deborah L. Williams for architecture and engineering and
CiviGenics-Texas Inc. for management and operations. Coryell County
Attorney Brandon Belt previously expressed concern about the proposed
operator, saying that CiviGenics had been at the center of controversy
recently. However, it is not just CiviGenics that has a troubled past.
The commissioners' consideration of the group comes just days after a
federal judge sentenced former Willacy County Commissioner Israel Tamez
to six months in jail for his role in a bribery scandal connected to a
$14.5 million prison project to construct a U.S. Marshals Service jail.
On Nov. 9, U.S. District Judge Andrew Hanen handed down the sentence and
also gave Tamez three years' probation and imposed a $25,000 fine. Tamez
and former Commissioner Jose Jimenez, who died of cancer before being
sentenced, pleaded guilty in January 2005 to taking more than $10,000 in
kickbacks, Guerra said. Former Webb County Commissioner David Cortez
also was involved in the scandal and was convicted in March 2005 of
funneling the bribes to the Willacy County commissioners in exchange for
their votes to hire a consultant in the prison project, Guerra said.
Cortez is scheduled to be sentenced Nov. 20. "My understanding was, as
far as implicating the company, it has not been implicated, but the
commissioners have been convicted," Guerra said. "Our records indicate
that when (Cortez) came before the commissioners when this happened four
years ago, he represented himself as a private consultant for Corplan."
In May 2005, Willacy County, on Guerra's instructions, filed a civil
suit against Corplan and Hale-Mills alleging that the two companies were
parties to the bribery. The suit later was dismissed, Guerra said.
Guerra said he could not say whether a federal investigation was still
pending, and U.S. District Court offices were closed Friday for the
federal holiday. Willacy County Sheriff Larry Spence could not be
reached either. Guerra said the lack of competitive bids when Willacy
was building its third federal facility – against his advice and despite
the criminal implications – was not only suspect, but something that
possibly lost Willacy County millions. "No one is checking to see if you
are getting your money's worth," he said. "Because we don't know if that
facility cost $50 million to construct." In fact, Guerra said according
to information he received from experts, the project, which was for a
facility to house Immigration and Customs Enforcement detainees, could
have been done for between $30 and $35 million. "The information that I
got, from experts that reviewed the expenses, says they could not
justify the $50 million. They padded the construction costs by an extra
$20 to $15 million," Guerra said. "What is funny you get commissioners
that are indicted for taking $10,000. I am just wondering who are the
real crooks?"
Hall
County Corrections
Hall, Nebraska
Corplan
June 4, 2003
At the same time Hall County is trying to decide whether a new county jail
should be funded publicly or privately, Grand Island Area Economic Development
Corp. President Monty Montgomery is working for a private prison firm -- the
same firm he recommended to Hall County supervisors. "I have a debt
of honor to them," Montgomery said of Corplan Corrections of Argyle, Texas.
"I do it on my own time, and I don't do it on business time."
Montgomery first introduced Corplan Corrections to the Hall County Board of
Supervisors in 2001, after starting work as president of the Grand Island Area
Economic Development Corp. that July. That same year, he also arranged and
accompanied four supervisors on a tour of a 1,097-bed jail Corplan worked on in
Garza County, Texas, just southeast of Lubbock. Corplan worked on a
similar but smaller 548-bed jail in Haskell, Texas, where Montgomery was then
economic development director. Montgomery said it was that association
with Corplan officials, a more than four-year effort, that led to his "debt
of honor." Because Corplan worked with Haskell for no pay for four
years before the community finally settled on and constructed the privately
funded jail, Montgomery feels a need to return the commitment. "I'm
helping friends of mine," Montgomery said of why he represents Corplan
County supervisors most recently toured jails in Kansas and Iowa in pursuit of
construction and operational ideas. However, the county is awaiting an attorney
general's opinion on whether a private jail is even a legal option for the
county. Besides pitching Corplan Corrections to Hall County, Montgomery
has also represented the firm to Huron, S.D., which is considering a jail
there. (The Independent)
March 12, 2003
A dozen Hall county corrections staff members listened on Tuesday as the
spokesman of a national organization opposing private jails and prisons told the
Hall County Board of Supervisors why such facilities pose a threat to the
public, jail staff and inmates. "I think it hit the nail on the head," Hall County corrections Cpl. Tom Hansen said of the presentation.
"They are unsafe entity and are unsafe in your community," Brian Dawe,
executive director of Corrections USA, told the board about private jails.
In a passionate and well-rehearsed 20-minute presentation, Dawe cited studies
from the Federal Bureau of Prisons, the U.S. Marshals Service and academicians
detailing that private prisons cost more and have more escapes, riots and
assaults that publicly run jails. "Our concern is the operator -- are
we government employees or private company employees?" Hansen told The
Independent. "We're not about to jeopardize our homes and
property." (The Independent)
Smith County Jail,
Smith County, Texas
November 7, 2005 Tyler Morning
Telegraph
Smith County commissioners picked Lee Lewis Construction Inc. of
Lubbock, along with Dallas architects Wiginton Hooker Jeffry PC, with
which to enter into negotiations for the design and construction of a
new Smith County Jail. In Monday's meeting of the Smith County
Commissioners Court, Commissioner JoAnn Hampton explained that the three
private firms that responded to the recent Request for Proposals were
evaluated according to a specific set of criteria. The next highest was
Correctional Services Corporation, with a score of 55, she said.
Hale-Mills received 51 points. The court, with Gary's help, also looked
at the potential legal entanglements of each of the three firms, after
they were forced to reject an early RFP due to the legal troubles of
bidder CorPlan.
August
25, 2005 Tyler Morning Herald
If the instructions weren't explicit enough before, Smith County
officials say, they'll make it perfectly clear: The private firms
offering proposals to build a new jail complex must disclose all their
legal troubles immediately. Assistant District Attorney Michael Gary
will send a letter on Friday, he told attendees at a public hearing on
the jail that county commissioners held in Lindale on Thursday. Smith
County officials are wary of such lawsuits because in July, they threw
out a proposal by Corplan Corrections for a new facility after learning
of a growing scandal in Willacy County. Their vote was not based on the
bribery-related convictions of three county officials there, but on the
"contingent liability" of a lawsuit filed in May against
Corplan and Hale-Mills Construction by Willacy County. They wish to
avoid any more such surprises, they say. The private proposals were one
issue that emerged at the public hearing attended by more than two dozen
citizens at the county offices in Lindale. Sheriff J.B. Smith began the
hearing with a brief presentation on jail overcrowding, followed by
County Judge Becky Dempsey explaining what overcrowding is doing to the
county's finances.
August
24, 2005 Tyler Morning Telegraph
A general partner of Hale-Mills Construction says his firm's proposal to
build a criminal justice complex for Smith County is in full compliance
with the county's request for proposals, and that a lawsuit filed by
Willacy County alleging that his firm conspired to bribe officials there
will soon "dry up and blow away." Smith County commissioners
have expressed concern that not one of the five proposals submitted last
week included the disclosure about lawsuits and criminal charges that
they asked for in the request for proposals. And all five lead firms
have either sued or been sued over construction projects or jail
operations in that period. The merit of the lawsuits filed by or faced
by each of the companies is not the issue, county commissioners say;
it's that they didn't tell the county about the lawsuits when asked in
the RFPs. In July, Smith County threw out a
proposal by Corplan Corrections for a new facility after they learned of
a growing scandal in Willacy County. Their vote was not based on the
bribery-related convictions of three county officials there, but on the
"contingent liability" of a lawsuit filed in May against
Corplan and Hale-Mills by Willacy County. The lawsuit claims that
Corplan and Hale-Mills conspired to bribe county commissioners, to be
selected for a $14.5 million project.
June
27, 2005
It's no longer a choice between public and private, Smith County
officials say - it's a matter of combining the best of both to come up
with a workable solution to jail overcrowding. In Monday's jail
workshop session, county commissioners agreed in principle that a new
jail should be publicly financed, privately built and run by the county.
County Judge Becky Dempsey added, "It's more cost effective for us
to do our own financing." That's because generally,
government entities can borrow money more cheaply. Corplan, when
discussing financing the facility itself, cited an interest rate of
5.125 percent. Smith County, on the other hand, could get an interest
rate of 4.8 percent or less. Over the 20-year life of millions of
dollars worth of bonds, that extra point of interest would add up.
"Just a slight difference in interest rates over 20 years could
prove quite costly," Judge Dempsey said.
Willacy County
Adult Correctional Facility, Raymondville, Texas
August 28, 2007 Valley Morning Star
Willacy County Commissioner Aurelio Guerra on Monday questioned a
contract that could pay more than $27 million to the company that runs
an illegal immigrant detention center here. Wednesday, members of the
Willacy County Local Government Corp., the non-profit organization that
oversees the 2,000-bed detention center, will travel to Dallas to close
a deal that’s expected to hire Management Training Corp. to run a
1,000-bed expansion. The $111.5 million contract with the U.S.
Immigration and Customs Enforcement would pay Utah-based MTC a “fixed
annual fee” of $27.4 million when the detention center’s average monthly
inmate count falls below 2,500, the contract states. The government
would pay MTC $27.4 million plus $4.42 a head for each illegal immigrant
when the detention center’s average monthly inmate count exceeds the
2,500 mark, the contract states. “It can be one inmate and we’re
obligated to pay $27 million,” Guerra said. “In past agreements, there
weren’t fixed fees.” Under a current agreement, a federal contract pays
MTC $27.75 a head for each illegal immigrant held in the 2,000-bed
detention center that averages about 1,500 detainees a month. But the
contract does not bind the county to pay MTC $27.4 million a year, said
Michael Harling of Municipal Capital Markets Group in Dallas. The
contract would not tap into the revenue that the county needs to repay
its debt, Harling said. First, the government’s money will go to pay the
county’s debt, Harling said. Then it will go to pay the county, he said.
“To the extent there is enough money, they will pay MTC,” Harding said.
February 25, 2007 AP
The engine of the old, borrowed camper chugs away in the parking lot of
the county jail – three goats, a rooster and a horse alongside. It is
the temporary home and office of Willacy County District Attorney Juan
Angel Guerra. Mr. Guerra, 52, has brought down public officials and
continues investigations. Most recently, he filed – and then dropped –
motions to have the sheriff and two elected officials removed from
office. Now, he says, they're all out to get him. A special prosecutor
raided his office recently and filed public theft charges against Mr.
Guerra. They were dropped Friday. Depending on whom you talk to, Mr.
Guerra is either a lone-wolf champion for South Texas justice or a
chronic malcontent with some shady dealings of his own. "He's just been
fighting with us for so many years," said Paul Cowan, chief of staff for
state Sen. Eddie Lucio. "Anything you want to do, he wants to fight it,
fight it, fight it. We have no problems working with any other
officials. The problem lies with him." In 1991, with just two years'
experience practicing law in a mechanic's garage, county commissioners
appointed Mr. Guerra to fill in after the incumbent district attorney
died. He began investigating the big landowners and business owners for
crimes such as embezzlement and receiving double federal payments for
fictitious crop losses. Now, Mr. Guerra has gone after the contractors
involved in building private jails. County, state and federal lockups,
and now the huge pods of the 2,000-bed immigration detention center,
make a bleak campus on the former farmland. Mr. Guerra's investigation
into a bribery scheme involving federal prison contracts led to guilty
pleas by three former Willacy and Webb county commissioners. Mr. Guerra
now says he wants to know more about Mr. Lucio's consulting contract for
the prison company that built the $60 million federal complex of
tent-like domes. Mr. Lucio said Mr. Guerra was upset about legislation
he passed that left the county with only one state district judge –
Migdalia Lopez, one of the officials Mr. Guerra wanted out of office.
Mr. Lucio would not disclose his consulting fees for the prison deal but
said they were "modest" and legal. He said the prison had been a win for
the county. "We've brought more than a thousand jobs to that county, and
Johnny Guerra has not brought one," he said. Mr. Guerra says another
company was prepared to build the facility for $35 million. "In six
weeks they spent $60 million," he said. "There's no way that thing cost
$60 million." Two weeks ago, Mr. Guerra skipped court to go to Austin
and look for a sympathetic ear. When he came back, a special prosecutor
appointed by Judge Lopez had taken Mr. Guerra's computers and many of
his files. Mr. Guerra now maintains he can't do his work. According to
Judge Lopez's order appointing the special prosecutor, a grand jury
complained that Mr. Guerra was pressuring them for an indictment in a
sexual harassment case. The special prosecutor is Gustavo Garza, Mr.
Guerra's four-time political opponent. Mr. Garza recently charged Mr.
Guerra with three counts of felony theft by a public servant and one
misdemeanor obstruction charge for trying to prevent officers from
searching his office, but a judge Friday dropped the charges. Mr. Guerra
has threatened to dismiss hundreds of cases in retaliation, but so far
only four have been dropped. Townspeople don't know what to make of it.
"It's a mess," said Polo Gracida, who came to watch court on Tuesday. "I
don't know whether he's a hero or not. We're definitely due for a
change."
November 22, 2006 Express-News
The last of three county commissioners who pleaded guilty to a
$39,000 bribery scandal involving contracts for a new federal detention
facility in the Rio Grande Valley has been sentenced. Former Webb County
Commissioner David Cortez, 72, of Laredo was sentenced Tuesday in
federal court in Brownsville to three months in prison for funneling the
bribes in 2002 to former Willacy County Commissioners Jose Jimenez of
Sebastian and Israel Tamez, 60, of Raymondville in exchange for
favorable votes in the selection of contracts for the 500-bed federal
detention center here. U.S. District Judge Andrew Hanen also ordered
Cortez to a two-year term of supervised release, including six months of
house arrest. He was fined $25,000. Jimenez died before sentencing.
Tamez, 60, was sentenced to six months in prison, three years of
supervised release and a $25,000 fine. All three had faced 20 years in
prison. Sheriff Larry Spence said the case had "drug out for so long."
"I was surprised of the sentencing, but at the same time I am glad that
they are getting finalized," he said. But it's still unclear if the case
is over because authorities haven't made public where the money
originated. Authorities have requested anyone else involved to come
forward like the commissioners did, but no additional arrests have been
made. A spokeswoman for the U.S. attorney's office in Houston declined
to comment. Officials have said the companies hired to either design,
build or manage the facility, which opened in 2003, were the Dallas-area
firms CorPlan Corrections LTD and Aguirre Inc., along with Management
Training Corp. of Centerville, Utah, and Hale-Mills Construction of
Houston. Municipal Capital Markets Group Inc, of Dallas, underwrote the
bonds. "It seems like all the people that have investigated this thing,
if there was somebody else in there that they would have been found,"
said Mike Harling, executive vice president of the investment firm. He
said public records showed Cortez was hired by CorPlan, but he suspected
he could have made the bribe on his own will. No company employees have
been charged. "Just because you hire somebody, and hire in the liberal
sense, doesn't mean that you are responsible," Harling said. "If you
haven't asked them to go out and bribe somebody, if they choose to do
that and choose not to tell you, what can you say?" Cortez resigned from
the Webb commission at the time of his guilty plea in 2005. Webb County
Judge Louis Bruni said the case is a sad example of a bad decision.
November 9, 2006 AP
A former Willacy County commissioner was sentenced to six months in
federal prison Thursday for taking bribes in return for votes on a
federal prison contract. Israel Tamez, 60, of Raymondville, also must
pay a $25,000 fine and serve three years probation after his release.
Tamez and former Willacy County Commissioner Jose Jimenez of Sebastian
pleaded guilty in January 2005 to conspiracy to commit bribery. Tamez
admitted receiving cash payments totaling $10,000 for voting to select
particular companies to design, build, maintain and manage the prison.
Charges against Jimenez were dismissed earlier this year after he died.
July 23, 2006 Express News
The Willacy County attorney is speaking out against his county's new
contract for a massive detention center because he said it involves
companies still under a cloud from the 2004 bribery convictions of three
elected officials. Juan Angel Guerra also accuses veteran Sen. Eddie
Lucio Jr., D-Brownsville, of going back on his word by continuing to
represent the same firms. Former Willacy County Commissioners Israel
Tamez and the late Jose Jimenez were convicted in 2004 of accepting
bribes in exchange for favorable votes regarding a 600-bed prison that
opened in Raymondville, the county seat, in 2003. The third convicted
official, Webb County Commissioner David Cortez, was an associate of
CorPlan Corrections, a consulting company at the time of the prison
project. Cortez was accused of funneling the bribe money for favorable
votes on contracts. No company employees, however, have been charged.
Federal prosecutors wouldn't comment on the case, but observers believe
the investigation is ongoing because the commissioners' sentencing dates
have been pushed back several times. Meanwhile, the same firms are
building a 2,000-bed detention facility near the same prison. Willacy
commissioners voted 3-2 on Monday to approve $60.6 million in bonds for
the new facility, which is on a fast-track construction schedule to
house mostly non-Mexican undocumented immigrants in a series of tentlike
structures for U.S. Immigration and Customs Enforcement, or ICE.
Utah-based Management Training Corp., or MTC, will operate the facility;
Houston-based Hale-Mills Construction Inc. is building it; and
Argyle-based CorPlan is consulting on the project, said Guerra, who is
the county and district attorney. A May 27, 2005, letter from
commissioners to the county's nonprofit corporation set up to oversee
the federal prison project asked it to "terminate its contractual
relationship with CorPlan," because a Willacy County lawsuit against the
firm alleged it was involved with the bribes. "Now they are asking me to
sign a contract that includes CorPlan," Guerra said. "I told the
commissioners you can't have it both ways. First you pass the resolution
saying you don't want to deal with CorPlan. Now you do a contract that I
know for a fact includes CorPlan. So we are back to square one." The
lawsuit was dropped in April. County Judge Simon Salinas said he wasn't
aware of the letter and resolution that prompted it. It's probably too
late anyway, he added. "The contract is already signed, the work is
already begun," he said. Regardless, Salinas said, the county can't
proceed under the assumption that leaders of the companies are
criminals. "In this country we are innocent until proven guilty," he
said. "And nobody out there pressed charges against the companies. ...
Just because these (commissioners) plead guilty doesn't mean everybody
in the world is guilty." Guerra favored Tennessee-based Corrections
Corporation of America, or CCA, which offered to finance the detention
facility on its own rather than through the county. He said the
commissioners initially favored CCA, but later picked MTC. Commissioner
Noe Loya said Guerra "is trying to find every excuse to hire CCA, and
change our minds, but it's over." Guerra said he met with Lucio two
weeks ago and the veteran lawmaker pushed MTC. "I asked him, 'Are you
talking to me as my senator or as an employee of one of these
companies?'" Guerra said. "He told me he was talking to me as a
consultant." Lucio said he met with Guerra because it "appeared that he
had quite a bit of influence on the Commissioners Court." Lucio said he
told Guerra he favored MTC because it treats its employees well. Lucio
said he thought CorPlan had been cleared because the lawsuit filed on
behalf of Willacy County against James Parkey, president of CorPlan, was
dropped and there have been no other arrests. Parkey did not return a
call seeking comment. "My main focus on talking with Johnny (Guerra) was
trying to sell him on the fact that MTC was a very reputable company,"
Lucio said. "I feel very comfortably speaking on their behalf and asking
them to consider us and that was my main focus." According to the Texas
Ethics Commission, Lucio reported in 2005 that MTC and CorPlan paid him
a total of at least $50,000 through his Brownsville company, Rio
Shelters Inc. In the wake of the bribery scandal, Lucio said he had
stopped representing the firms and wouldn't again until the matter was
cleared up. "I know there has been a case, a problem, a situation there
where somebody associated with (Parkey) out of Laredo was indicted and
convicted," Lucio said, referring to Cortez. "But when the lawsuit
against him was dropped, I felt that he was exonerated." Told that the
bribery investigation may still be open, he said: "If it is, I am not
aware of it." Asked if he was being paid by MTC or CorPlan for
encouraging the detention center contract, he said: "It's up to them if
they feel I did a good job." Lucio said it was "very hard to draw a fine
line" between his job as a lawmaker and his private work, but added: "I
can tell you this: I do my best." "I get paid $600 a month to be a state
senator, and I do it just about on a full-time basis," he said. Damon
Hiniger, a vice president of CCA in Tennessee, said he was surprised by
the county's decision because CCA was going to invest its own money, pay
about $1.8 million in property taxes, and shoulder the risk. Judge
Salinas said he was influenced by the bottom line, nothing more. "I have
nothing against CCA, they are a good reputable company, but they are in
the business to make their own bucks," he said. The detention facility
is to open Aug. 1 with 500 beds, and then have 1,500 more available Oct.
1. It is part of President Bush's Secure Border Initiative.
May 25, 2005 Valley Star
Willacy County commissioners will request that the Willacy County
Public Facilities Corp. break its contract with a company that is a
defendant in a county lawsuit. But rankled members of the Public
Facilities Corp. (PFC) said they would stand by their vote to hire
Corplan Corrections, a prison consultant in Irving. If PFC members
refuse the request, commissioners could remove them, County Attorney
Juan Angel Guerra said Tuesday, following commissioners’ request on
Monday that the PFC terminate its contract with Corplan Corrections. On
May 12, the PFC voted to hire Corplan to begin work on a 500-bed
addition to a $14.5 million federal prison. The project’s cost had not
been estimated, officials said. On May 13, Willacy County filed a
lawsuit against Corplan and Hale Mills Inc., the contractor in the
prison project. Willacy County formed the PFC as a nonprofit
organization charged with the development of the prison project. In the
lawsuit filed by attorney Ramon Garcia, the Hidalgo County judge,
Willacy County claims illegal action voided the contract that led to the
prison’s construction. The prison project has been the focus of an
ongoing federal bribery investigation that has led to the convictions of
two former Willacy County commissioners and a former Webb County
commissioner.
May 21,
2005 Valley Star
The Willacy County Public Facilities Corp.’s decision to hire a
company that is a defendant in a Willacy County lawsuit could jeopardize
the case, District Attorney Juan Angel Guerra said Friday. On May 12,
the Public Facilities Corp. hired Corplan Corrections to expand the
$14.5 million federal prison, a project that sparked a bribery scandal
that led to the convictions of two former Willacy County commissioners
and a former Webb County commissioner. The move would lead to the
construction of a 500-bed addition to the prison, which opened with 500
beds in late 2003. The project’s cost had not been estimated,
officials said. A day later, on May 13, Willacy County filed a lawsuit
against Corplan, an Irving consulting firm, and Hale Mills Inc., a
Houston contractor, claiming illegal action voided the contract that led
to the prison’s construction. "It’s premature to enter into
further contracts with those companies, especially with a pending
lawsuit," Guerra said. Willacy County formed the Public Facilities
Corp. as a nonprofit organization charged with development of the prison
project. The Public Facilities Corp. owns the prison. Attorney Ramon
Garcia, the Hidalgo County judge who filed the lawsuit on behalf of
Willacy County, declined to comment on whether the Public Facilities
Corp.’s action jeopardized the lawsuit. "I’ve been hired to
represent parties regarding the facility that’s already been
constructed," said Garcia, who Guerra said was working on a
contingent fee that would pay him 40 percent of any damages awarded.
"These are separate and distinct transactions." In the
lawsuit, Willacy County claims former Webb County Commissioner David
Cortez worked as a consultant to the two companies when he funneled
about $39,000 to "several" Willacy County commissioners. In
turn, former Willacy County Commissioners Israel Tamez and Jose Jimenez
agreed to vote to select the companies for the project, the lawsuit
claims. In March, U.S. District Judge Andrew Hanen convicted Cortez of
funneling about $39,000 in bribes to "several" Willacy County
commissioners in exchange for their votes to hire a consultant in the
prison project. In January, Hanen convicted Tamez and Jimenez after they
pleaded guilty to taking more than $10,000 in bribes in the project. An
ongoing federal and state investigation is expected to lead to charges
against at least one other Willacy County elected official, authorities
have said.
May 18, 2005 AP
Willacy County has filed a lawsuit against two companies involved in
a $14.5 million federal prison project that became entwined in a bribery
scheme. The civil lawsuit was filed last week in state district court
against Corplan Corrections of Argyle and Hale Mills Inc. of Houston.
The suit claims the companies conspired to bribe county commissioners to
select them for the construction project. Although the lawsuit does not
specify damages, District Attorney Juan Angel Guerra said the
financially troubled county could get title to the prison. "The
contract would be null and void, so technically the prison would end up
belonging to the county free of charge," Guerra said in Thursday
editions of the Valley Morning Star in Harlingen.
March
25, 2005 San Antonio Express-News
A third former South Texas county commissioner charged in connection
with a bribery scandal surrounding a detention facility in the Rio
Grande Valley was convicted Thursday in Brownsville. Authorities said
others could be charged. David Cortez, 70, of Laredo, a former Webb
County commissioner, was charged, pleaded guilty and was convicted
Thursday of conspiring to "obstruct, delay and affect
commerce" for his role in helping secure a contract for the Willacy
County Adult Correctional Center in Raymondville. He waived his right to
have a grand jury investigate. The charge accused him of funneling at
least $39,000 to help a consulting firm get part of the job. Cortez is
cooperating with the FBI in an ongoing investigation, authorities said.
He was released on a personal recognizance bond and is scheduled to be
sentenced June 28. He faces a maximum penalty of 20 years in federal
prison. The name of the consulting company he secured the bids for was
not released. Two former Willacy County commissioners, Jose Jimenez of
Sebastian and Israel Tamez of Raymondville, pleaded guilty Jan. 4 to
accepting bribes of $10,000 or more for their votes awarding contracts
to build the 500-bed detention facility used for federal inmates.
Willacy County Sheriff Larry Spence said the Dallas-area firms CorPlan
Corrections LTD and Aguirre Inc., along with Management & Training
Corp. of Centerville, Utah, and Hale-Mills Construction of Houston, were
the companies hired to either design, build or manage the Raymondville
facility, which opened in 2003. "Most of these guys have worked
together on several projects," Spence said. Asked to confirm that
Cortez had worked for CorPlan, the firm's director, James Parkey, said
by phone, "I have no comment on that. Obviously that's a tickly
subject and I could refer you to my attorney." According to a
charging document, "several Willacy County commissioners did
solicit and receive things of value" from Cortez "in exchange
for providing advantages not available to others interested in and
competing for the selection of a consultant" for the facility.
"It was further part of the conspiracy that several Willacy County
commissioners did agree to tacitly and implicitly to provide (Cortez)
and other corporate representatives with assurances in their
capacity" as commissioners, that Cortez and the company he
represented "would receive favorable consideration" in
exchange for money, the document states. The commissioners agreed to
accept the money in June 2000 and were paid around October 2002,
according to court records.
February
10, 2005 Valley Star
Willacy County officials are "disappointed" in the U.S.
Marshals Service’s placement of inmates in the federal prison that
they built to bolster the county budget, County Judge Simon Salinas said
Wednesday. This week, the inmate count stood at about 313 in the 500-bed
prison, up from an average of about 260 from October to December,
Sheriff Larry Spence said. But county officials had based their $3.8
million general fund budget on near-capacity inmate counts projected to
generate $300,000. "They’re hitting us in the pocketbook,"
Salinas said. As part of an agreement, Management & Training Corp.,
the private firm that runs the prison, pays the county $2 a day for each
federal inmate housed in the county-owned prison. County officials
expected the inmate count to jump after last month’s meeting with U.S.
Marshal Ben Reyna. Jan. 4, Spence and State Sen. Eddie Lucio,
D-Brownsville, traveled to Reyna’s office in Washington, D.C., to
discuss the drop in inmates. Lucio participated as a consultant to
Management & Training Corp., the company that manages the prison. A
year-end money crunch led the Marshals Service to transfer inmates to
jails with lower housing costs, Spence said. In 2000, county
commissioners entered into a contract to build the $14.5 million prison
after the Marshals Service solicited the construction of a South Texas
prison to hold its inmates. The prison opened in October 2003. Last
month, a U.S. district judge convicted former County Commissioners
Israel Tamez and Jose Jimenez after they pleaded guilty to taking more
than $10,000 in kickbacks in the prison project.
February
7, 2005 San Antonio Express-News
State Sen. Eddie Lucio Jr., D-Brownsville, made the right decision by
suspending his business ties, even if only temporarily, with three
contractors connected to a federal detention facility at the center of a
criminal investigation in the Rio Grande Valley. He should make it
permanent. In announcing his decision, the South Texas legislator said
he did not want any misperceptions about his business dealings. Lucio,
president and CEO of Rio Shelters Inc. a marketing and advertising
agency, has been on the payroll of the three companies involved in that
public construction project for several years. His primary job was to
introduce company officials to power brokers in the Rio Grande Valley.
In interviews with the Brownsville Herald, Lucio said he has worked with
CorPlan Corrections of Argyle, Aguirre Inc. of Dallas and the Management
and Training Corp. of Centerville, Utah, since 1999 earning about
$100,000 a year. If that is so, why didn't his employment with the three
companies appear on his financial disclosure statements filed with the
state until 2004? Lucio is correct when he says it is all about
perception for a politician, and omitting vital information about his
employers on his state officeholder reports raises serious questions.
January
20, 2005 Brownsville Herald
State Sen. Eddie Lucio Jr. on Tuesday temporarily suspended his
consulting work for three companies involved with constructing and
managing a Willacy County federal detention center — the focus of a
federal bribery investigation. Lucio, D-Brownsville, told The
Brownsville Herald on Wednesday that he has taken a “leave of
absence” from representing James Parkey’s CorPlan Corrections of
Argyle, Pedro Aguirre’s Aguirre Corp. of Dallas, and J.C. Conner’s
Management and Training Corp. (MTC) of Georgetown, until the federal
inquiry in Willacy County concludes. Lucio said he would reassess the
relationship with the firms that pay him about $100,000 a year combined.
The federal investigation already has resulted in the Jan. 4 convictions
of Willacy County commissioners Jose Jimenez of Sebastian and Israel
Tamez of Raymondville for accepting at least $10,000 in bribes in
exchange for their votes in awarding contracts for the center’s
construction. U.S. Attorney Michael Shelby has not charged the corporate
representatives who allegedly bribed Jimenez and Tamez. Companies
involved in the project also have not been accused of any wrongdoing.
Lucio said Wednesday that he has been on CorPlan’s payroll since 1999
and that the other two firms soon contracted him. He wouldn’t say when
or how much each specifically has paid him for marketing the firms and
introducing them to public officials. The Herald found, however, that it
was not until 2004 that Lucio reported the companies in his financial
statements. Asked if he believed that the companies would pay him more
than $100,000 a year were he not a senator, Lucio said that “it might
seem like a lot of money, and it is in our area of the state, but there
are senators and representatives that are making much more money on one
case than I do in one year. So, I am not ashamed of what I make. I
worked for that.”
January
13, 2005 Valley Morning Star
State Sen. Eddie Lucio on Wednesday stood behind his work as a
consultant for a company involved in a $14.5 million federal prison
project in Willacy County. Last week, Lucio was working as a consultant
for Corplan Corrections and Management & Training Corp. (MTC) when
he went to Washington D.C., to discuss a recent drop in the federal
prison’s inmate count with U.S. Marshals Service Director Ben Reyna.
The prison project has become the subject of an investigation that led
to the conviction of two Willacy County officials of taking bribes from
at least one of the companies involved in the design and construction of
the prison, according to the U.S. Attorney’s Office. No company has
been named as the source of the bribes. The prison has been struggling
to maintain the number of federal inmates it houses. A decline in the
number has hurt Willacy County financially. The county for months has
been struggling to keep from plunging into debt. MTC requested the
meeting with Reyna, Willacy County Sheriff Larry Spence said, since the
Marshals Service sends federal inmates to the prison. "I think it
helped. It kind of opened the door," said Spence, who traveled to
Washington, D.C. with Lucio and County Commissioner Noe Loya. Lucio’s
connection to the prison goes back for several years. In 1999, Lucio
"introduced" Corplan Corrections to Willacy County
commissioners as they began to plan for a federal prison here, Lucio
said of the Argyle consulting firm that worked to develop the project.
Among Lucio’s clients is Aguirre Construction, the Dallas firm that
designed the federal prison. Lucio also works as a consultant for MTC,
the Utah firm that manages the prison. Last week, U.S. district Judge
Andrew Hanen convicted former Willacy County Commissioners Israel Tamez
and Jose Jimenez of taking more than $10,000 in kickbacks in the federal
prison project. Federal prosecutors charged Tamez and Jimenez received
kickbacks "from particular corporate representatives who were
selected in the competition" for the prison project. The 500-bed
prison’s inmate count dropped from near-capacity in early October to
about 240 in December, Spence said, noting MTC pays the county $2 for
every prisoner. The financially embattled county projected $300,000 in
federal prison money to boost its $3.8 million general fund budget. A
year-end money crunch led the Marshal’s Service to transfer inmates to
prisons with lower housing costs, Spence said.
January 13,
2005 Brownsville Herald
Three companies with ties to state Sen. Eddie Lucio Jr., D-Brownsville,
worked on the construction of the federal detention center in Willacy
County, which is now the subject of an federal investigation into
bribes. Inquiries already netted the Jan. 4 convictions of Willacy
County commissioners Jose Jimenez, 67, of Sebastian, and Israel Tamez,
58, of Raymondville. They each pleaded guilty to accepting $10,000 or
more in bribes from corporate representatives involved in the design,
construction, financing, maintenance and management of the detention
center, according to U.S. Attorney Michael Shelby. According to public
records, the primary companies involved in the project include jail
consultant Corplan Corrections of Argyle, design-builder Hale-Mills
Construction of Houston, Aguirre Corp. of Dallas, and the Management and
Training Corp. (MTC) of Utah, which manages the detention center.
Federal Election Commission records also identify Corplan’s James M.
Parkey as an architect with Aguirre Corp. Lucio has been on Corplan’s,
Aguirre’s and MTC’s payroll for about four years for marketing,
public relations and consulting work. He remains on the payrolls of at
least Corplan and MTC, The Brownsville Herald found Wednesday. Asked
if he was involved in wrongdoing, Lucio answered without hesitation.
“Of course not,” he said. “You don’t even have to ask that.” In
a prepared statement, Shelby said the two commissioners admitted to
accepting a series of bribes from June 2000 through March 2003 in
exchange for their votes awarding contracts for the construction of the
detention center. In June 2000, The Brownsville Herald reported that
Lucio authored legislation in 1999 clarifying that counties can enter
into a contract with a private vendor for the design, management or
construction of jails. Lucio was a consultant for MTC in 2000, which had
been vying for the Cameron County detention center project. Lucio told
The Brownsville Herald in 2002 and 2004 that Corplan, Aguirre, MTC and
other firms contracted him for marketing, public relations and
consulting work. He said this included introducing and setting up
meetings with local governmental officials. Lucio’s 2003 financial
statement filed in 2004 with the Texas Ethics Commission reflects that
Aguirre paid him $10,000 to $24,999; TEDSI $25,000 or more; Corplan
$25,000 or more; and MTC $25,000 or more. Lucio
declined to tell The Brownsville Herald on Wednesday the specific amount
of money Corplan and MTC paid him. He confirmed that he continues on
their payroll, however.
January 8,
2005 Valley Morning Star
Willacy County commissioners
will consider hiring attorney Ramon Garcia, Hidalgo County’s judge, to
investigate whether there are grounds to sue companies involved in a
federal prison project that paid kickbacks to two former commissioners.
Friday, an attorney representing a company involved in the prison
project vehemently denied Corplan Corrections was involved in any
wrongdoing. Monday, commissioners will consider hiring Garcia to
investigate whether there are grounds to file a civil lawsuit against
companies involved in the $14.5 million federal prison and the current
development of a $7.5 million county jail. "We’re not going to
tolerate companies coming in to take advantage of small counties and
offering kickbacks and going on like it’s business as usual,"
District Attorney Juan Angel Guerra said. "Whoever offers kickbacks
is just as guilty as those taking kickbacks."
Tuesday, U.S. district Judge Andrew Hanen convicted former
commissioners Israel Tamez and Jose Jimenez of taking more than $10,000
in kickbacks in the federal prison project. Under the law, contracts
that involve illegal activity are void, Guerra said. "Someone gave
them that money," County Judge Simon Salinas said. "Whoever
made these guys get dirty, they’re going to go down, too. I want them
to pay for it. Someone’s going to take them on in the courtroom."
The county could win "millions" of dollars in damages because
a financial firm involved in the project has sold about $25 million in
bonds — about $10 million more than the prison’s $14.5 million cost,
Guerra said. But that bond
money was used to pay interest, said Edmundo Ramirez, a McAllen attorney
representing Corplan Corrections, a consultant in the federal prison
project. Willacy County Federal
Detention Center, Raymondville, Texas
July 26, 2006 Valley Morning Star
The county may be spending more than necessary to build a new
detention center for illegal immigrants, Willacy County Attorney Juan
Angel Guerra charged Monday. Guerra said that the companies behind the
$60.6 million detention center over-billed the county by more than $15
million. Other companies could have constructed the project's 10
Kevlar-covered domes for $30 million to $35 million, Guerra said.
"Nobody questioned it," Guerra said of county commissioners who voted
3-2 last week to borrow $60.6 million to build the 2,000-bed detention
center. "The price is just ridiculous. Nobody did a comparison," Guerra
said. "They spend more time when they buy a truck or a tractor, to call
dealerships to see if they can get a better deal." Last month,
commissioners entered into a two-year contract with the U.S. Department
of Homeland Security to build the detention center that's part of a
national crackdown on illegal immigration. In a contract, companies
behind the project put the cost of construction materials at $20 million
and the labor costs at $30 million, Guerra said. Commissioners planned
to issue about $50 million to fund the project. But costs jumped to
$60.6 million to include $3 million to buy equipment to operate the
detention center, $3 million to set up a reserve fund and $3 million in
interest payments. Guerra pointed to four areas in which he said the
contractor "inflated" costs. While Kevlar material costs $3.3 million,
the contractor billed the county for $4.6 million, Guerra said. While
the contractor billed the county for $3.6 million to prepare the 53-acre
site for construction, other companies said they could have done the job
for $1.6 million, Guerra said. The contractor billed the county for $2.8
million for sewer work, but other companies said they could have done
the job for $800,000. And other companies said paving the asphalt
parking lot would cost $150,000, the contractor billed the county for
$400,000, Guerra said. "We cannot justify these costs," Guerra said.
July 23, 2006 Express News
The Willacy County attorney is speaking out against his county's new
contract for a massive detention center because he said it involves
companies still under a cloud from the 2004 bribery convictions of three
elected officials. Juan Angel Guerra also accuses veteran Sen. Eddie
Lucio Jr., D-Brownsville, of going back on his word by continuing to
represent the same firms. Former Willacy County Commissioners Israel
Tamez and the late Jose Jimenez were convicted in 2004 of accepting
bribes in exchange for favorable votes regarding a 600-bed prison that
opened in Raymondville, the county seat, in 2003. The third convicted
official, Webb County Commissioner David Cortez, was an associate of
CorPlan Corrections, a consulting company at the time of the prison
project. Cortez was accused of funneling the bribe money for favorable
votes on contracts. No company employees, however, have been charged.
Federal prosecutors wouldn't comment on the case, but observers believe
the investigation is ongoing because the commissioners' sentencing dates
have been pushed back several times. Meanwhile, the same firms are
building a 2,000-bed detention facility near the same prison. Willacy
commissioners voted 3-2 on Monday to approve $60.6 million in bonds for
the new facility, which is on a fast-track construction schedule to
house mostly non-Mexican undocumented immigrants in a series of tentlike
structures for U.S. Immigration and Customs Enforcement, or ICE.
Utah-based Management Training Corp., or MTC, will operate the facility;
Houston-based Hale-Mills Construction Inc. is building it; and
Argyle-based CorPlan is consulting on the project, said Guerra, who is
the county and district attorney. A May 27, 2005, letter from
commissioners to the county's nonprofit corporation set up to oversee
the federal prison project asked it to "terminate its contractual
relationship with CorPlan," because a Willacy County lawsuit against the
firm alleged it was involved with the bribes. "Now they are asking me to
sign a contract that includes CorPlan," Guerra said. "I told the
commissioners you can't have it both ways. First you pass the resolution
saying you don't want to deal with CorPlan. Now you do a contract that I
know for a fact includes CorPlan. So we are back to square one." The
lawsuit was dropped in April. County Judge Simon Salinas said he wasn't
aware of the letter and resolution that prompted it. It's probably too
late anyway, he added. "The contract is already signed, the work is
already begun," he said. Regardless, Salinas said, the county can't
proceed under the assumption that leaders of the companies are
criminals. "In this country we are innocent until proven guilty," he
said. "And nobody out there pressed charges against the companies. ...
Just because these (commissioners) plead guilty doesn't mean everybody
in the world is guilty." Guerra favored Tennessee-based Corrections
Corporation of America, or CCA, which offered to finance the detention
facility on its own rather than through the county. He said the
commissioners initially favored CCA, but later picked MTC. Commissioner
Noe Loya said Guerra "is trying to find every excuse to hire CCA, and
change our minds, but it's over." Guerra said he met with Lucio two
weeks ago and the veteran lawmaker pushed MTC. "I asked him, 'Are you
talking to me as my senator or as an employee of one of these
companies?'" Guerra said. "He told me he was talking to me as a
consultant." Lucio said he met with Guerra because it "appeared that he
had quite a bit of influence on the Commissioners Court." Lucio said he
told Guerra he favored MTC because it treats its employees well. Lucio
said he thought CorPlan had been cleared because the lawsuit filed on
behalf of Willacy County against James Parkey, president of CorPlan, was
dropped and there have been no other arrests. Parkey did not return a
call seeking comment. "My main focus on talking with Johnny (Guerra) was
trying to sell him on the fact that MTC was a very reputable company,"
Lucio said. "I feel very comfortably speaking on their behalf and asking
them to consider us and that was my main focus." According to the Texas
Ethics Commission, Lucio reported in 2005 that MTC and CorPlan paid him
a total of at least $50,000 through his Brownsville company, Rio
Shelters Inc. In the wake of the bribery scandal, Lucio said he had
stopped representing the firms and wouldn't again until the matter was
cleared up. "I know there has been a case, a problem, a situation there
where somebody associated with (Parkey) out of Laredo was indicted and
convicted," Lucio said, referring to Cortez. "But when the lawsuit
against him was dropped, I felt that he was exonerated." Told that the
bribery investigation may still be open, he said: "If it is, I am not
aware of it." Asked if he was being paid by MTC or CorPlan for
encouraging the detention center contract, he said: "It's up to them if
they feel I did a good job." Lucio said it was "very hard to draw a fine
line" between his job as a lawmaker and his private work, but added: "I
can tell you this: I do my best." "I get paid $600 a month to be a state
senator, and I do it just about on a full-time basis," he said. Damon
Hiniger, a vice president of CCA in Tennessee, said he was surprised by
the county's decision because CCA was going to invest its own money, pay
about $1.8 million in property taxes, and shoulder the risk. Judge
Salinas said he was influenced by the bottom line, nothing more. "I have
nothing against CCA, they are a good reputable company, but they are in
the business to make their own bucks," he said. The detention facility
is to open Aug. 1 with 500 beds, and then have 1,500 more available Oct.
1. It is part of President Bush's Secure Border Initiative.
July 20, 2006 Valley Morning Star
State Sen. Eddie Lucio resumed consulting work
with a company that he says offers Willacy County hundreds of jobs and a
steady flow of revenue for years to come. Last year, Lucio suspended
business with Management Training Corp. and two other companies involved
in the development of a $14.5 million prison project that was the focus
of a federal bribery investigation. That investigation led to the
convictions of former Willacy County commissioners Israel Tamez and Jose
Jimenez. In letters to the companies, Lucio wrote he was taking "a leave
of absence" from consulting work "until this matter is resolved." At the
time, Lucio asked the Texas Attorney General's Office and the state
Ethics Commission to review his work as a consultant. "I can do business
with companies that do business with the federal government," Lucio said
the agencies determined. Lucio resumed work for MTC as the company
sought a Willacy County contract to operate a $60.6 million detention
center to hold illegal immigrants. Last week, commissioners voted 3-2 to
give MTC a two-year contract to operate the detention center. "They're
an outstanding operation," Lucio said of the Utah-based company that
operates a 525-bed county-owned prison here. Lucio declined to disclose
his fee. Monday, commissioners voted 3-2 to issue $60.6 million in bonds
to build the detention center that's part of the U.S. Department of
Homeland Security's crackdown on illegal immigration. "I think Willacy
County will come out ahead," Lucio said. "I think it's a wonderful
opportunity for hundreds of jobs." Lucio said his work with MTC was
limited to a meeting with County Attorney Juan Angel Guerra. In the
meeting, Lucio talked 30 to 45 minutes with Guerra, who recommended that
commissioners hire Corrections Corporation of America, which proposed
working with investors to fund the project's costs. "He had questions
whether MTC was a reputable company," said Lucio, who owns Rio
Consulting in Brownsville. "He was very, very out to get the
commissioners to hire CCA. All we did was talk about the qualifications
of MTC and why it would be a better deal." Under MTC's contract, the
county will own the detention center, Lucio said. "It's a ($60) million
asset at the end," Lucio said, referring to county payments that run
through 2009. "This is going to be a ... facility for the future. They
can continue the same situation. I'm going to push MTC to make sure they
fulfill the wishes of Willacy County. What we need to do is insure that
inmates are brought to that facility." Lucio said he stood behind
company projections that show the federal government will fill the
detention center with more than 1,800 illegal immigrants. "The federal
government is in dire need," Lucio said of detention center beds. County
commissioners Aurelio Guerra and Abiel Cantu voted against hiring MTC
because they questioned whether the federal government could fill the
detention center with illegal immigrants for which the company would pay
at least $2.25 a head. But steps such as hiring more U.S. Border Patrol
agents and the placement of National Guard troops along the border will
increase arrests of illegal immigrants, Lucio said. "Even President Bush
is beefing up the border," he said. "(But) nothing is going to stop
people from (crossing the border) to seek the American dream. I think
more people are going to get caught." Cantu and Aurelio Guerra also
voted against the company's hiring because they argued that the federal
government would restrict the county from spending detention center
revenues on county expenditures. Lucio said he did not know the
specifics of the contract. "That's up to the Commissioners Court to look
into the specifics of the contract," he said. Lucio denied Juan Angel
Guerra's claim that he was working for Corplan Corrections, an
Irving-based prison consulting firm, in the detention center project.
Juan Angel Guerra said Lucio told him that he worked for James Parkey,
Corplan's president. Last year, Lucio said he suspended ties with
Corplan, MTC and Aguirre Corp. of Dallas after Tamez and Jimenez pleaded
guilty to taking more than $10,000 in bribes in exchange for votes to
hire a consultant in the $14.5 million prison project that the companies
helped to develop. Lucio said he resumed work with Corplan after McAllen
attorney Ramon Garcia, Hidalgo County's judge, dropped a lawsuit against
Corplan and Houston-based Hale Mills construction in April. "When they
were exonerated ... it cleared the path," Lucio said. "I work for them
anytime I like to. I like Mr. Parkey. He's a good man. As far as I'm
concerned, he's a reputable person." However, Lucio said his work with
Corplan did not involve the detention center project. Last month,
Willacy County commissioners entered into a two-year contract with
Homeland Security to construct tent-like domes to hold 500 beds by Aug.
2. As part of the contract, the detention center will expand to 2,000
beds within 90 days.
July 16, 2006 Valley Morning Star
Federal officials said last week that it's not their intention to fill up a
2,000-bed detention center that would hold illegal immigrants before
deportation. But Willacy County commissioners are banking on a private prison
company that claims the federal government will pay the county nearly $12
million to house 2,000 prisoners there. "I can't guarantee those numbers," Nina
Pruneda, spokeswoman for the U.S. Department of Homeland Security's Immigration
and Customs Enforcement in San Antonio, said of the inmate count. "It's not a
question of filling beds," she said. "It's making sure we have operational beds
ready." The $50 million detention center made up of 10 Kevlar-covered domes is
part of the federal government's national crackdown on illegal immigration,
officials said. Last month, county commissioners entered into a two-year
contract with Homeland Security in the construction of tent-like domes to house
500 beds by Aug. 2. As part of the contract, the detention center would expand
to 2,000 beds within 90 days. This month, commissioners picked Utah-based
Management Training Corp. to operate the detention center. But the Willacy
County Local Government Corp., a nonprofit board organized to oversee the
project, failed to ratify the contract. Thursday, commissioners held off on the
issue of $50 million in bonds amid concerns that the federal government may not
fill up the detention center with prisoners for whom it would pay a daily rate
per detainee. In South Texas, the new detention center would boost the number of
beds open to illegal immigrants to 5,200, Pruneda said. The agency decided to
build the Willacy County detention center rather than expand its detention
center in Port Isabel, which houses 800 beds, Pruneda said. "The decision to
open a facility in Willacy was an operational decision," she said. Wednesday,
consultants warned that the federal government would likely restrict the county
to the expenditure of "administrative" fees of as little as $2.25 a day per
prisoner. The "county's current approach may open the county to substantial
liability to the federal government," warned the law firm of Akin Gump Strauss
Hauer & Feld of Washington, D.C. The consultants noted the federal contract
specifies the county "shall not charge for costs which are not directly related
to the housing and detention of detainees." "It specifically identifies costs
for which the county may not charge, such as certain salaries, indirect costs
and services and facilities that are not used by the federal detainees," the
consultants wrote. The consultants cited a case in which Homeland Security
required Pennsylvania's York County to return as much as $58.5 million after it
allegedly spent detention center revenue on unauthorized expenses.
July 12, 2006 Valley Morning Star
The new detention center for illegal immigrants may not be the financial
windfall that county officials imagine, the county attorney said. Willacy County
Attorney Juan Angel Guerra warned commissioners that the federal government may
restrict the spending of money generated by a new $50 million detention center.
A contract with the U.S. Department of Homeland Security restricts spending to
the detention of illegal immigrants, Guerra told commissioners. "It is very
clear that you have to justify every single amount of money and if you can't
justify it, the money goes back" to Homeland Security's U.S. Immigration and
Customs Enforcement, Guerra told commissioners in a Monday meeting. Last month,
the county entered into a contract with Homeland Security to sell $50 million in
bonds to develop a 2,000-bed detention center to house illegal immigrants. In
the meeting, Guerra warned that Homeland Security required Pennsylvania's York
County to return as much as $58.5 million allegedly spent on unauthorized
expenses.
July 6, 2006 San Antonio Express-News
Willacy County officials haven't formally decided who will get to build the
state's largest immigration detention facility — but that hasn't stopped a
Houston company from beginning work on the massive project. Hale-Mills
Construction has had crews at the site of the planned $50 million jail for the
past two weeks, leveling land and pouring concrete for the foundation. The
company began working on the 2,000-bed facility after county officials signed an
agreement June 19 with U.S. Immigration and Customs Enforcement to house
detainees. Without a county decision on how to pay for it or, more importantly,
who would be hired to build it, Hale-Mills began clearing a cotton field in
Raymondville the next day. County officials are working out other details, such
as how the county will pay for the facility's construction and if Hale-Mills
will build it, Vela said. County Judge Simon Salinas said the company is working
at its own risk and has no guarantees it will be chosen to finish the job. The
county formed the public facilities corporation to issue $50 million in lease
revenue bonds to investors to fund construction. Although no bonds have been
issued and the county hasn't identified the corporation's governing board, that
board is set to meet today to pick officers, consider hiring Vela as its lawyer
and consider approving a contract with Hale-Mills. It will also consider hiring
a private jail company to operate the facility after it is completed.
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