Tampa, Florida – The United States Attorney’s Office announces the unsealing of an indictment charging attorney Nelson Israel Alfaro (48, Miami and Colorado) and Gilberto Eduardo De Los Rios (50, Miami) with conspiracy to defraud the United States, obstruct the administration of justice, make false statements to federal law enforcement officers, and six substantive counts of obstruction of justice and making false statements to federal law enforcement officers. If convicted on all counts, Alfaro faces a maximum penalty of 35 years in federal prison and De Los Rios faces a maximum penalty of 20 years in federal prison. The indictment also notifies Alfaro and De Los Rios that the United States intends to forfeit any money or other ill-gotten gains that are traceable proceeds of the offenses.
Alfaro is an attorney licensed to practice law in the State of Florida. He represents criminal defendants in state and federal courts, including the United States District Court for the Middle District of Florida. Between 2010 and 2011, Alfaro represented De Los Rios, a/k/a “Kiko,” in a criminal case in Miami-Dade County, Florida.
According to the indictment, Alfaro and De Los Rios concocted a scheme to charge an already-sentenced defendant tens of thousands of dollars for information that they then fraudulently presented as “cooperation” and “substantial assistance” by the defendant in order to trigger a motion to the court for a sentencing reduction. The indictment also charges Alfaro and De Los Rios with obstructing justice by interfering with the sentencing process and with making multiple false statements to federal agents.
An indictment is merely a formal charge that a defendant has violated one or more of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorneys Simon A. Gaugush and Josephine W. Thomas.