Former Department of Justice Prosecutor and Dallas Defense Attorney Sentenced for Unauthorized Disposal of Government Records

NEW ORLEANS - Former federal prosecutor Carlos A. Lopez ("Lopez"), age 49, and Dallas-based criminal defense attorney Barrett R. Howell ("Howell"), age 50, were sentenced on February 18, 2026 for charges relating to their deletion of text messages that they had been ordered to produce by a United States District Judge, announced United States Attorney David I. Courcelle .

U.S. Magistrate Judge Jeffrey L. Cureton of the United States District Court for the Northern District of Texas sentenced Lopez to one year of probation and a fine of $5,000, and Howell to six months of probation and a fine of $2,500. Both defendants were also ordered to pay $25 mandatory special assessment fees. Lopez had previously pleaded guilty to the unauthorized disposal of government records valued at less than $1,000, a violation of 18 U.S.C. § 641. Howell had previously pleaded guilty to aiding and abetting the unauthorized disposal of government records valued at less than $1,000, a violation of 18 U.S.C. §§ 641 and 2. Because the records are valued at less than $1,000, these are misdemeanor offenses. The United States Attorney's Office for the Northern District of Texas recused itself from this matter, and the United States Attorney's Office for the Eastern District of Louisiana was appointed by the Attorney General to act as special prosecutors.

According to court records, Howell represented a client under investigation with others for federal healthcare fraud. Lopez was a Trial Attorney for the U.S. Department of Justice and was the lead prosecutor in the healthcare fraud investigation. Between September 2021 and December 2022, three individuals were charged with healthcare fraud in federal court in Dallas, although Howell's client was not charged.

In April 2023, two of the charged defendants alleged that Howell violated a joint defense agreement. The two defendants filed a sealed motion to compel discovery and requested an evidentiary hearing to determine whether joint defense protected information had been provided by Howell to Lopez. U.S. District Judge Barbara M.G. Lynn granted the discovery request for production of all communications, including text communications, between Howell and Lopez. Judge Lynn also set an evidentiary hearing for May 15, 2023.

According to the plea documents, after being made aware of the motion to compel, Lopez deleted text messages with Howell from his government-issued cell phone. Lopez subsequently produced an incomplete set of screenshots of his text messages with Howell from his government-issued cell phone. On or about April 14, 2023, Lopez and Howell saw each other at a conference and Lopez told Howell that there was an allegation that Howell shared privileged material. Lopez indicated that they should not speak further and should not have communications between them. Howell agreed.

On or about April 20, 2023, after being served with a copy of the motion to compel discovery, Howell deleted text messages from his cell phone between him and Lopez. Those texts were recovered by a forensic consultant who searched his cloud account. Howell's law firm then produced a forensic image of the cloud account for his cell phone. Prior to the production, Howell reviewed the forensic image and observed that the deleted texts were still present. Howell permitted the texts to be produced although his deletions were ultimately unsuccessful.

On or about May 10, 2023, the government learned, after reviewing extracted messages from Howell's forensically-imaged cloud account, that many text messages with Lopez had been marked "deleted" on April 20, 2023, the same day that Howell was served with the motion to compel. The next day, Lopez appeared with a personal attorney who told DOJ lawyers that Lopez had also deleted text messages.

U.S. Attorney Courcelle praised the work of the U.S. Department of Justice, Office of Inspector General, Dallas Office which handled this investigation. Assistant United States Attorneys Matthew R. Payne of the Financial Crimes Unit and Megan R. Roberts of the Appellate Unit handled this prosecution.