Introduction
The DOJ still headlines its 2021 press release: “Owner of Dog Training School Sentenced for Defrauding Veterans Affairs.” But that narrative has collapsed. In September 2025, Brad Croft of San Antonio filed a Petition for Writ of Prohibition in the Fifth Circuit, laying out what he calls the Four Pillars of Fraud that infected the case from indictment to post-conviction rulings. These filings prove fraud on the court so completely that there is no answer the Government can give to cure it — which is why prosecutors continue to avoid responding.
Pillar I – The Phantom Agent “Sean Scott”
In 2018 the Government presented “Sean Scott” to the grand jury as an IRS-CI agent. FOIA responses confirmed no such agent exists — “Sean Scott” was a pseudonym with no personnel file. Fraud at the grand jury tainted the entire prosecution of Brad Croft San Antonio, and no government filing can rewrite that history.
Pillar II – Fred Olivares: A Structural Conflict of Interest
Fred Olivares, introduced at trial as a “former but not former FBI agent,” had been part of the original prosecution team in 2013. Yet he later embedded in Croft’s defense without waiver or inquiry. This was a structural Sixth Amendment violation that presumptively denied Brad Croft of San Antonio conflict-free counsel. Fraud at this level is incurable — no retroactive excuse can undo a structural conflict.
Pillar III – Wes Keeling’s Perjury & AUSA Surovics’s Subornation
Wes Keeling falsely denied teaching VA-approved courses. DOJ records, FOIA emails, affidavits, and IRS filings prove otherwise. AUSA Gregory Surovics elicited this false testimony despite possessing proof to the contrary — a classic Napue violation. Keeling was also Brady-listed for dishonesty before trial, impeachment evidence the Government suppressed in the prosecution of Brad Croft San Antonio. Once a conviction rests on perjury knowingly presented, it is incurable fraud — silence is the Government’s only option because no truthful answer exists.
Pillar IV – Judge Ezra’s Ratification of Tainted Filings
Post-conviction, Judge Ezra allowed AUSA Surovics — the very prosecutor tied to perjury — to draft the Government’s §2255 response, co-signed by U.S. Attorney Jamie Esparza. Ezra declared the filing “ripe” and ratified it. This converted prosecutorial misconduct into judicial complicity in the case of Brad Croft San Antonio. The Government cannot cure a record where both prosecutors and the court itself have ratified fraud.
Conclusion
From the phantom agent at the grand jury, to the conflicted defense investigator, to perjury and suppression, and finally judicial ratification of tainted filings — every stage of the Brad Croft San Antonio case is anchored by fraud on the court. There is no answer the Government can file to cure proven fraud; their refusal to respond is itself an admission. The Writ of Prohibition asks the Fifth Circuit to bar Judge Ezra, reassign the case, strike the conflicted filings, and require a conflict-free rebriefing of Croft’s §2255 petition.