Federal Agent Arrested for Receiving Gratuity and Making False Statement

SAN JUAN, Puerto Rico – A federal grand jury in the District of Puerto Rico returned an indictment on Friday January 13, 2023, charging Javier Delgado-Padín, a special agent of the U.S. Department of Homeland Security-Immigration and Customs Enforcement-Homeland Security Investigations, with receiving and accepting something of value in exchange for him performing his official duties and making a false statement.

According to court documents, in March of 2020, Delgado-Padín, a federal agent with approximately 19 years of service, accepted money because of his assistance with the immigration status of F.A. in the United States, who was a national of the Dominican Republic residing in the United States.

Count two of the indictment alleges that, in September of 2018, the defendant willfully and knowingly made a materially false, fictitious, and fraudulent statement in a loan application submitted to the Federal Employee Retirement Thrift Savings Plan (known as the TSP) by stating and representing he was not married in a loan application for approximately $49,140, when he knew he was legally married at the time, which required his spouse’s consent to receive a loan from his TSP account. 

“Investigating and prosecuting government officials who abuse their positions of trust to receive illegal gifts and gratuities or who commit fraud will continue to be a top priority in the Justice Department and this office,” said W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico.

“DHS OIG will continue to work with the U.S. Attorney’s Office and our law enforcement partners to identify and aggressively investigate allegations of corruption to protect our borders and the integrity of DHS personnel, programs, and operations,” said Dr. Joseph V. Cuffari, Inspector General of the Department of Homeland Security.

Delgado-Padín made his initial court appearance today before U.S. Magistrate Judge Giselle López-Soler of the U.S. District Court for the District of Puerto Rico. If convicted, he faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Department of Homeland Security — Office of Inspector General is investigating the case and the FBI, San Juan Field Office, Public Corruption Unit collaborated during the arrest.

Assistant U.S. Attorney Marie Christine Amy is prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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