SAN ANTONIO – Nearly five months after she filed for divorce from former State Sen. Carlos Uresti, Margaret Uresti is standing with him -- in a court filing requesting a judge ease some restrictions that have so far kept the pair from divorcing.
Her request also said federal prosecutors "will oppose this motion."
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Margaret Uresti filed for divorce March 2, eight days after her husband was convicted on federal fraud and money laundering charges. He and two others were found guilty of taking money from investors who thought they were making money in a sand fracking business. Instead, the victims lost millions.
After the conviction, prosecutors obtained a restraining order which kept Uresti and his family, representatives, attorneys and companies, among others, from selling, transferring, moving or otherwise getting rid of his assets. That includes the pending divorce.
"Divorce is a common asset protection device in cases where restitution is anticipated, and defendants will routinely agree to a final decree in which the non-debtor spouse receives all of the assets while the defendant receives all the debt. In these instances, the purpose of the divorce is largely to avoid the lien that will arise at sentencing ... enabling the Government to seek to apply that property to a defendant's restitution debt," the court filing said.
Last week, Carlos Uresti filed a request with the court to ease that restraining order, claiming he "doesn't have money to survive." It said the restraining order is preventing the state from sending his retirement checks, which are also in dispute in the divorce proceedings.
Wednesday, Margaret Uresti's attorney filed a separate request for relief from the restraining order, claiming it is preventing them from finalizing their divorce.
"The restraining order also provides that Defendant, Carlos Uresti, may provide for his spouse's 'normal monthly living expenses.' However, the restraining order has prevented Mr. Uresti from receiving monthly retirement checks from the Texas Employee Retirement System, which is Mr. Uresti's only source of income at this time. Without these checks, Mr. Uresti cannot provide the necessary and normal monthly living expenses which, pursuant to the restraining order, Ms. Margaret Uresti is entitled to receive," Margaret Uresti's request said.
Government attorneys have not yet filed a response to the requests with the court. A hearing on the issue is set for July 31.
Uresti was sentenced to 12 years in prison. He has said he'll appeal that conviction. Uresti is also awaiting trial on federal bribery charges.
Since his conviction, Uresti surrendered his license to practice law. He also resigned from the Texas Senate. A special election to replace him will take place next week.