Shared from the 3/10/2017 San Antonio Express eEdition

Woman sues Uresti for fraud

Harlingen resident claims she was tricked into FourWinds investment

ExpressNews.com

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Stephen Spillman / For the San Antonio Express-News

State Sen. Carlos Uresti is seeking a delay in the lawsuit because he’s now serving in the Legislature in Austin.

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Jerry Lara / San Antonio Express-News

Denise Cantu is suing Uresti for fraud after she lost at least $800,000 investing in the defunct oil field services company FourWinds.

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Jerry Lara / San Antonio Express-News

Denise Cantu, 36, holds a poster of her daughter, Annissa Marie Salazar, 14, at her home in Harlingen. The teen and Cantu’s son, Johnathon Dominic Cortez, 5, were killed in an auto wreck.

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Sen. Carlos Uresti was part of the legal team that got Cantu her settlement.

A Harlingen woman is suing state Sen. Carlos Uresti for fraud after she lost at least $800,000 investing in a now-defunct oil field services company he introduced her to — allegedly without disclosing his involvement in the firm or the commission he received on her investment.

Denise Cantu said Uresti and others “tricked” her into believing she was investing with FourWinds Logistics to buy and sell frac sand, which is used in fracking to extract oil and gas from shale rock, according to her lawsuit filed in January in Hidalgo County.

Instead of using her money to buy sand, though, she said company officials distributed most of the money among themselves.

Cantu invested $900,000, the bulk of a legal settlement she received from a wrongful-death case involving two of her children who were killed in a 2010 vehicle accident. Uresti, who was part of the legal team that secured the settlement, collected a $27,000 commission on her investment with FourWinds.

McAllen lawyer Oscar Alvarez, who represents Cantu, said in an interview Thursday that Uresti never disclosed to her that he was getting paid a commission or that he was a 1 percent owner in FourWinds.

Uresti also provided legal services and acted as the firm’s outside general counsel in 2014. The company went bankrupt the following year, with investors alleging they were defrauded.

“She went through a horrible loss with her family,” Alvarez said of Cantu. “And then for people to take advantage of her — words can’t describe what she’s going through. Obviously, the loss of all that money creates complications.”

Uresti, in an interview with the San Antonio Express-News in August, denied any wrongdoing in regards to his involvement with FourWinds. He also said he disclosed he received a commission.

His attorneys didn’t respond to call or email. In a court filing in Cantu’s action, he issued a general denial to the allegations.

“We intend to prove otherwise,” Alvarez responded. “I think the evidence is going to show that everybody involved knew what they were doing, and that this was a scam.”

The FBI has been investigating FourWinds and Uresti for more than a year, according to people familiar with the investigation. Three company officials already have pleaded guilty in the case and are scheduled to be sentenced later this year.

On Feb. 16, FBI agents raided Uresti’s law offices at 924 McCullough Ave. The San Antonio Democrat said at the time the search was part of a “broad investigation” of FourWinds.

Law enforcement sources later told the Express-News that Uresti’s consulting company, Turning Point Strategies, also was a target of the raid. Uresti has said it was Turning Point that received the commission on Cantu’s investment in FourWinds.

After about six hours at Uresti’s offices, about 15 agents left, each carrying a box to an awaiting FBI truck.

Uresti, who holds the District 19 Texas Senate seat, is seeking a delay in Cantu’s case because he’s now in the Legislature in Austin. His request for a “legislative continuance” is scheduled to be heard Monday.

He also wants the suit transferred to Bexar County from Hidalgo County.

Also named in Cantu’s January suit are JP Morgan Chase & Co and a Chase representative. FourWinds had bank accounts at Chase Bank.

A FourWinds official testified in bankruptcy court last year that he was threatened by CEO Stan Bates to falsify a Chase bank statement to vastly inflate how much FourWinds had in its account on April 30, 2014. Cantu alleges she was presented the statement to induce her to invest.

The lawsuit has alleged the bank was involved in the creation of the bogus bank statement and another document.

Cantu was shown the documents while visiting a Chase branch in San Antonio, Alvarez said.

Chase spokesman Greg Has-sell declined to comment.

Investors have alleged in a bankruptcy court filing that Bates wasted their money on personal expenses, expensive gifts, exotic car rentals and a wild lifestyle spiced by flying women in to meet him and lavish vacations, a court filing states. Bates has disputed the charges.

Cantu sued Bates and Four-Winds for fraud in Cameron County in 2015, but that lawsuit has been on hold as a result of the FourWinds’ bankruptcy and Bates’ personal bankruptcy.

In her latest lawsuit, Cantu has also sued Uresti, Chase and its representative for negligent misrepresentation and breach of contract. The suit seeks unspecified economic and punitive damages. pdanner@express-news.net Twitter: @AlamoPD

In an interview with the Express-News in August, Sen. Carlos Uresti denied any wrongdoing in regards to his involvement with FourWinds.

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