Millions missing, but DA's office says "We don't have it."

Juan Angel Guerra claims there are 140 victims valleywide who fell for a Ponzi Scheme and didn't get paid any restitution when the two men accused of scamming them were found guilty.

"None of the victims have every gotten any of the 1.8 million dollars," said Guerra.

He's filed a lawsuit against many major Cameron County entities claiming they have the money, including the district attorney's office.

"The District Attorney's office doesn't collect restitution that's not within our purview. We don't keep an accounting of restitution"

Assistant DA Matthew Kendall says the Ponzi Scheme was real and the men behind it did get caught, but as for the millions that were allegedly supposed to be paid back to the victims, Kendall says this current administration isn't aware of what plans were made or where the money would go. But it definitely is not in the district attorney's possession.

Guerra also claims he's being wrongfully accused of having some of the money himself.

"Everybody's trying to brush it under the rug and instead i'm the bad person, they arrest me and they say Mr. Guerra has the money. What? I'm the one who is trying to get the money," said Guerra.

According to ADA Kendall, Guerra did take money for rent on buildings owned by one of the men accused in the ponzi scheme.

"Mr. Guerra and Mr. Trinidad Salinas took 10,000 dollars cash in Mr, guerra's office," said Kendall.

Kendall says when the DA's office went to Guerra with the proof, he then turned around a filed lawsuits against them.

"This entire lawsuit that Mr. Guerra filed is basically a Red Herring."

He says the claims against the District Attorney's office having seized the restitution money from the Ponzi Scheme are unfounded, but he's sure they haven't seen the last of Guerra.

"Further lawsuits may be coming I don't think they have any basis in reality, I think he's dilusional, but that's what's going on," said Kendall.

The question still remains where is the alleged 1.8 million dollars in restitution Guerra claims his clients deserve?

The DA's office directed us to Gilberto Hinojosa who signed off that one of the co-conspirators in the ponzi scheme had paid the restitution. We made a call to him today and we're waiting for a response.