UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA * CRIMINAL DOCKET NO. 11-062
v. * SECTION: A
NESTOR ALEJANDRO GONZALEZ-BAUTISTA *
a/k/a David Santiago
a/k/a David Vargas Santiago *
a/k/a David V. Santiago
* * *
FACTUAL BASIS
If this case were to proceed to trial the Government would prove the Defendant guilty
beyond a reasonable doubt of count one of the three-count Indictment pending against him. In
count one, the Defendant, NESTOR ALEJANDRO GONZALEZ-BAUTISTA
(“GONZALEZ”) is charged with making a false statement and entry to a federal agency, in
violation of Title 18, United States Code, Section 1001. The Government would establish the
following through reliable and competent evidence:
A Special Agent with the U.S. Department of Homeland Security, Homeland Security
Investigations (hereinafter “HSI”), would testify that on January 28, 2011, HSI agents
encountered GONZALEZ at C & G Welding Services, Inc. in the Eastern District of Louisiana.
The defendant presented HSI agents with what appeared to be a genuine Transportation Worker
Identification Credential (hereinafter “TWIC card”) issued to David V. Santiago as proof of
identification. Upon further inquiry into the defendant’s biographical information, GONZALEZ
admitted to HSI agents that he was illegally present in the United States. GONZALEZ was then
taken into HSI custody for immigration violations.
An official with Transportation Security Administration (TSA) would testify that TSA is
an agency of the United States Department of Homeland Security within the executive branch of
the government of the United States of America. The TSA official would testify that TWIC
cards are required for all individuals seeking unescorted access to secure areas of maritime
facilities and vessels, and all mariners holding United States Coast Guard-issued credentials.
Further, an official with TSA would testify that the TWIC program is administered by TSA and
is regulated by both HSI and the United States Coast Guard. The TSA official would testify that
a person who wants to be issued a TWIC card must apply through TSA, which has jurisdiction
over such applications.
The TSA official would testify that on or about February 18, 2010, the defendant,
GONZALEZ, applied for TWIC card at a TSA office in the Eastern District of Louisiana. As
part of the TWIC card application process, GONZALEZ presented a birth certificate issued by
the Commonwealth of Puerto Rico in the name David Vargas Santiago, bearing certificate
number ending in 04095755, as proof of identity and citizenship. The Commonwealth of Puerto
Rico birth certificate was then electronically scanned, copied and made part of TSA’s records.
The TSA official would further testify that GONZALEZ presented a written Transportation
Worker Identification Credential Disclosure Form and Certifications, signed by the defendant in
the name David Vargas Santiago, certifying and stating that he in fact is a citizen or national of
the United States. The TSA official would testify that illegal aliens are not eligible for issuance
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of a TWIC card. The TSA official would testify that the defendant, GONZALEZ, was issued a
TWIC card by TSA based on the information in his application, including his statements and
entries in the Transportation Worker Identification Credential Disclosure Form and Certifications
and his presentment of the Commonwealth of Puerto Rico birth certificate.
The HSI agent would testify that, upon questioning GONZALEZ under oath after being
read his Miranda rights in Spanish, the defendant stated that his true name is Nestor Alejandro
Gonzalez-Bautista, and he is a citizen of Mexico and is illegally in the United States. The HSI
agent confirmed the defendant’s illegal status through the HSI database. The defendant further
stated that he purchased the Commonwealth of Puerto Rico birth certificate from an individual in
New Orleans, and he used that document to obtain a genuine TWIC card.
Testimony of an official from United States Citizenship and Immigration Services
regarding record checks conducted through the Computer Linked Application Information
Management System would show that the defendant, GONZALEZ, did not receive consent from
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the United States Attorney General or his designated successor, the Secretary of the Department
of Homeland Security, to apply for admission or receive permission to enter the United States.
ROBERT WEIR Date
Special Assistant United States Attorney
NESTOR ALEJANDRO GONZALEZ-BAUTISTA Date
Defendant
SAMUEL SCILLITANI Date
Attorney for Defendant
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