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Updated: 7:26 p.m. Wednesday, June 13, 2012 | Posted: 2:53 p.m. Wednesday, June 13, 2012
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By Martina Valverde
U.S. District Court
EL PASO, Texas —
A former El Paso Independent School District superintendent tearfully pleaded guilty to conspiracy charges and cheating on test scores, court officials said Wednesday.
Lorenzo Garcia could be facing up to 20 years for each count, but a plea agreement could give him three and a half years in prison and an order to pay $180,000 in restitution to EPISD. However, a judge can decide to alter the plea agreement.
Garcia pleaded guilty to giving a $450,000 no-bid contract to a vendor and sending her, a woman with whom he had a relationship, two checks of $180,000 each.
According to the indictment released during Garcia's arrest in August 2011, from Feb. 1, 2006, until March 11, 2007, Garcia and others conspired to defraud EPISD by securing a $450,000 sole-source contract under false pretenses.
The indictment specifically alleged that Garcia provided $5,000 to an "unindicted co-conspirator," or UCC, of which $4,000 was deposited into the UCC's company bank account. Garcia also convinced the UCC, with whom he had a personal relationship, to enter into a contract with EPISD and to represent the value of the contract to be approximately $400,000 to $500,000 more than what the UCC believed was the true value of products and services rendered, according to court documents.
The indictment further alleged that Garcia, in an effort to eliminate any possible competition for the UCC, sought the assistance of an attorney to prepare and provide the UCC with templates for a sole-source contract with EPISD.
In July 2006, the UCC, at the direction of Garcia, submitted an affidavit and a letter to EPISD seeking a no-bid contract claiming that the UCC's company was the sole source of the products and services it was offering to EPISD, prosecutors said.
In August 2006, the UCC received two checks from EPISD in the amount of $180,000 each, according to court documents. Finally, the indictment alleges that Garcia failed to disclose to the EPISD Board of Trustees his personal relationship to the UCC, as well as his personal financial interest in the vendor company.
It was also revealed in court Wednesday that Garcia defrauded the Texas Education Agency and the U.S. Department of Education.
Garcia created six campus director positions and had an associate superintendent oversee. The state said they had proof he instructed them to do "whatever it takes" to make it look like test scores for the TAKS were improving.
By doing so, he secured federal No Child Left Behind funding.
However, to do that, students were denied enrollment into the district, some withdrawn, others held back. Garcia and his co-conspirators went as far as deleting credits and changing passing grades to failing and vice-versa, according to court documents.
The co-conspirators, some known, others not, have not been indicted. Its unknown if they will face similar charges to the ones Garcia pleaded guilty to Wednesday.
Garcia received bonuses due to those improved Texas Assessment of Knowledge and Skills scores. It was stated in his contract that he would receive bonuses based on the district's performance.
"Deservedly, Mr. Garcia will now be held accountable for cheating El Paso's students," said the inspector general of the U.S. Department of Education.
EPISD officials said they are cooperating with the investigation and are working to regain the community's trust.
Garcia will remain out on bond and will be sentenced Sept. 14.
He had no comment as he left the courtroom Wednesday afternoon.
EPISD released the following statement regarding Garcia's guilty plea:
"Lorenzo Garcia was entrusted to oversee and administer the District as well as the education of our children. He violated that trust. The District acknowledges the U.S. Attorney's Office, the Federal Bureau of Investigation and the U.S. Department of Education in their work to investigate these matters, which resulted in his guilty plea.
For many months, EPISD officials have been working closely with the FBI and the U.S. Department of Education's Office of Inspector General in support of their ongoing audit and federal investigations. Our work with these agencies will continue.
The District has not been provided with any details on Dr. Garcia's pleas other than what is publicly available. We will be reviewing this, and any other information that becomes available, in order to determine what actions will need to be taken. District administration will be working closely with the Board of Trustees to continue to strengthen our policies, procedures, and District processes in order to prevent any such breach of trust from occurring in the future. We want to assure our community that we are working hard to regain their trust and confidence. "
And Senator Jose Rodriguez also released the following statement:
."
Jesse Martinez contributed to this story
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