District of New Mexico
Press releases recorded for this federal judicial district.
El Paso Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Carlos Jesus Carrasco, 24, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Carlos Carrasco and his co-defendant and cousin, Bernabe Carrasco, 34, also of El Paso, were arrested on Dec. 20, 2013, and charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute. The two men subsequently were indicted on the same two charges. According to the indictment, Carlos Carrasco and Bernabe Carrasco conspired to distribute methamphetamine on Dec. 19, 2013, and possessed methamphetamine with intent to distribute on Dec. 20, 2013. The indictment alleges that the two men committed these offenses in Otero County, N.M.
During today’s proceedings, Carlos Carrasco pled guilty to the indictment. In his plea agreement, Carlos Carrasco admitted possessing 2.07 kilograms of methamphetamine on Dec. 20, 2013, which he intended to distribute. Carlos Carrasco further admitted boarding a bus in El Paso with two packages containing methamphetamine strapped to his body which he intended to deliver to Amarillo, Texas, in exchange for $1200.
According to court filings, Carlos Carrasco and Bernabe Carrasco, who also allegedly had a package of methamphetamine strapped to his body, were apprehended by U.S. Border Patrol agents at the Border Patrol traffic checkpoint on U.S. Highway 54 near Alamogordo, N.M., during a routine immigration check of passengers.
Carlos Carrasco has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Carrasco faces a sentence of not less than ten years and not more than life in prison.
Bernabe Carrasco has entered a not guilty plea to the indictment and remains in federal custody pending trial. If convicted, he also faces a sentence of not less than ten years and not more than life in prison.
This case was investigated by the Las Cruces office of the DEA and the U.S. Customs and Border Protection, with assistance from the Doña Ana County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.Three Deming Residents Appear in Federal Court on Kidnapping and Firearms ChargesRead the Press Release
ALBUQUERQUE – Jessie A. Hopper, Jr., 29, Jessie Hopper, Sr., 53, and Polly Hopper, 60, all of Deming, N.M., made their initial appearances this morning in federal court in Las Cruces, N.M., on a criminal complaint charging them with kidnapping and firearms charges. The three defendants remain in custody pending preliminary hearings and detention hearings which are scheduled for May 21, 2014.
The criminal complaint charges the three defendants with kidnapping a woman and her two young children and transporting them in interstate commerce. It also charges and Hopper, Jr., and Hopper, Sr., with brandishing a firearm during and in relation to a crime of violence. According to the complaint, Hopper, Jr., and Hopper, Sr., allegedly kidnapped the victims in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper. Hopper, Jr., allegedly handcuffed the adult victim and brandished a firearm at her to force her to comply with his demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr.
The criminal complaint alleges that on May 8 and 9, 2014, the three defendants drove the victims from Arkansas to the defendants’ residence in Deming. It further alleges that on May 9 and 10, 2014, Hopper, Jr., and Hopper Sr., sexually assaulted the adult victim several times. On May 9, 2014, Hopper, Jr., allegedly brandished a firearm at the victim to force her to submit to a sexual assault by Hopper, Sr.
The three defendants were arrested by the New Mexico State Police on state charges on May 10, 2014. They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in this case. The state charges, which are being pursued by the 6th Judicial District Attorney’s Office for the State of New Mexico, are still pending.
If convicted on the federal kidnapping charges, each defendant faces a statutory maximum penalty any term of years to life imprisonment. If convicted on the firearms charges, Hopper, Jr., and Hopper, Sr., each face seven years in prison that must be served consecutive to any sentence imposed on the kidnapping charges.
This case was investigated by the Las Cruces office of the FBI, the New Mexico State Police, and the Luna County Sheriff’s Office, with assistance from the 6th Judicial District Attorney’s Office for the State of New Mexico. The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff’s Office, and the U.S. Attorney’s Office for the Western District of Arkansas also assisted in the investigation. The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Statement of the U.S. Attorney’s Office Regarding Meeting with Otero County OfficialsRead the Press Release
The U.S. Attorney’s Office participated in a meeting today with Otero County officials and representatives of the U.S. Forest Service for the purpose of discussing jurisdictional disputes involving use of the Lincoln National Forest. No resolution was reached during the meeting and the U.S. Attorney’s Office continues to monitor the situation in Otero County primarily to ensure that public safety is preserved. To that end, the U.S. Attorney’s Office will make every effort to facilitate a dialogue between county officials and the Forest Service.
Navajo, N.M., Man Sentenced to Federal Prison for Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Cornallsen Cortez, 32, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced today to 63 months in federal prison followed by five years of supervised release for his abusive sexual contact conviction. Cortez will be required to register as a sex offender when he completes his prison sentence.
Cortez was arrested in March 2013, based on a criminal complaint alleging that he sexually abused a 12-year-old child in Nov. 2012, in a residence located on the Navajo Indian Reservation. Cortez pled guilty on Jan. 16, 2014, to a felony information charging him with abusive sexual contact with a minor. In entering his guilty plea, Cortez admitted that on Nov. 28, 2012, he sexually abused a 12-year-old child by touching the child inappropriately.
This case was investigated by the Albuquerque and Gallup offices of the FBI and the Window Rock, Ariz., office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Mescalero Apache Man Pleads Guilty to Federal Assault Charges Arising out of Drive-By ShootingRead the Press Release
ALBUQUERQUE – Rufus Juan Lester, 22, a member of the Mescalero Apache Nation, pleaded guilty this afternoon to federal assault charges arising out of a drive-by shooting of a home located on the Mescalero Apache Reservation.
Lester was arrested on Aug. 6, 2013, on a criminal complaint alleging that he fired multiple shots at a residence located on the Mescalero Apache Reservation in the early hours of Nov. 24, 2012. Lester subsequently was indicted and charged with eight counts of assault with a dangerous weapon and one count of discharging firearms during and in relation to crimes of violence.
During today’s proceedings, Lester pled guilty to Counts 1 through 8 of the indictment charging him with assault with a dangerous weapon. In his plea agreement, Lester admitted riding in the passenger seat of a vehicle while another person drove past a residence in Mescalero, N.M. As the vehicle went past the residence, Lester used two rifles to shoot at the residence. Lester acknowledged that the residence was occupied by two adults and six children at the time of the shooting, and that he assaulted each of the occupants when he shot at the residence.
Lester has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Lester faces a statutory maximum penalty of ten years in prison on each of the eight assault charges.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan, of the U.S. Attorney’s Las Cruces Branch Office.
Federal Jury Finds Shiprock Man Guilty on Three Second Degree Murder ChargesRead the Press Release
ALBUQUERQUE – A federal jury returned a verdict today finding Tillman Naskia Begaye, 33, guilty on three counts of second degree murder after a five day trial, announced Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Director John Billison of the Navajo Nation Division of Public Safety.
Begaye, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was arrested on July 22, 2013, on a criminal complaint charging three counts of second degree murder, and was indicted on the same charges on Aug. 7, 2013. According to the indictment, Begaye killed a Navajo woman and two of her adult children on July 14, 2013, while driving under the influence of alcohol on the Navajo Indian Reservation.
Trial began on May 12, 2014, and concluded today when the jury returned a verdict of guilty on each of the three counts of the indictment.
The evidence at trial established that on July 14, 2013, officers of the Navajo Nation Division of Public Safety were called to the scene of a two vehicle crash on U.S. Highway 491 south of Newcomb, N.M., near Sheep Springs, N.M. The officers’ investigation revealed that Begaye caused the crash by driving his full-sized pickup truck northbound on the southbound lane of the highway and crashing head on into a vehicle occupied by the three victims who died at the scene.
The investigation revealed that Begaye was intoxicated at the time of the crash. Begaye’s blood alcohol content (BAC) level was .18 when his blood was drawn when he was transported to a nearby hospital an hour after the crash. The investigation also revealed that Begaye was driving northbound on a southbound lane of a four-lane highway at a speed of 75 per hour in a 65 mile per hour zone prior to impact.
Through a stipulation, the jury learned that Begaye had two prior DWI convictions. According to the stipulation, Begaye was convicted on a driving under the influence charge in Oct. 2012, in the State of Colorado. Begaye also was convicted on an aggravated driving while intoxicated charge in Jan. 2001, in the Municipal Court in the City of Farmington, N.M.
The jury deliberated approximately an hour and a half before returning its guilty verdict.
Begaye has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Begaye faces a prison term of any term of years to life in prison on each of the three second degree murder charges.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI and is being prosecuted by Assistant U.S. Attorneys Presiliano A. Torrez and Louis E. Valencia.
Albuquerque Man Sentenced to Ten Years for Robbing US Bank in February 2013Read the Press Release
ALBUQUERQUE – Jay Patrick Mount, 36, of Albuquerque, N.M., was sentenced today to ten years in federal prison for his bank robbery conviction. Mount will be on supervised release for three years after completing his prison sentence.
Mount was arrested on Feb. 28, 2013, based on a criminal complaint alleging that he robbed the US Bank branch located at 1418 Carlisle Blvd. NE in Albuquerque on Feb. 25, 2013. Mount subsequently was charged with bank robbery in an indictment filed on March 27, 2013.
On Feb 5, 2014, Mount entered a guilty plea to the indictment. In his plea agreement, Mount admitted robbing the bank by presenting a demand note to a bank teller and taking money from the teller on Feb. 25, 2013. Mount acknowledged that the demand note threatened to harm the bank teller.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney William J. Pflugrath.
Santa Fe Man Pleads Guilty to Federal Crack Cocaine and Firearms ChargesRead the Press Release
ALBUQUERQUE – Robert Romero, 26, of Santa Fe, N.M., pleaded guilty today to federal narcotics trafficking and firearms charges. Under the terms of his plea agreement, Romero will be sentenced to ten years in federal prison followed by four years of supervised release.
Romero was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Santa Fe and Bernalillo Counties, N.M.
The five-count indictment charged Romero and his co-defendants, Gabriel Mirabal, 32, Dominic Anaya, 33, and Sam Elyicio, 37, of Albuquerque, and Michael Jaramillo, 24, of Santa Fe, with conspiring to distribute cocaine base in Bernalillo and Santa Fe Counties between May 2012 and April 2013. Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012 and Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012. Romero also was charged with using and carrying a firearm in furtherance of a drug trafficking crime. Mirabal also was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013. Mirabal, Jaramillo and Elyicio were arrested in April 2013, while Romero and Anaya were transferred from state custody to federal custody in July 2013.
Today Romero pled guilty to Counts 1, 3 and 4 of the indictment charging him with conspiracy to distribute crack cocaine, possession of crack cocaine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime, respectively. According to the plea agreement, Romero conspired with his co-defendants to distribute more than 280 grams of crack cocaine. On July 2012, Romero was stopped by law enforcement officers who found 11.1 grams of crack cocaine in Romero’s vehicle, which was packaged for resale, and a handgun Romero used for protection while distributing drugs. Romero remains in federal custody pending his sentencing hearing which has yet to be scheduled.
Co-defendant Jaramillo entered a guilty plea on March 21, 2014, to Count 1 of the indictment charging him with conspiracy to distribute crack cocaine. According to his plea agreement, Jaramillo purchased crack cocaine from co-defendants Mirabal and Anaya and then resold it others. Under the terms of his plea agreement, Jaramillo will be sentenced to 78 months in federal prison followed by four years of supervised release. He remains in custody pending his sentencing hearing.
Mirabal, Anaya and Elyicio have entered not guilty pleas to the indictment. If convicted of the drug trafficking charges against them, each faces a maximum penalty of not less than five years or more than 40 years in prison. They remain in custody pending trial. An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office for the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program. HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States.
The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Isleta Pueblo Man Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Louie Valdez, 51, was sentenced this morning to 27 months in federal prison for his assault conviction. Valdez will be on supervised release for three years after he completes his prison sentence. He also was ordered to pay a fine of $1,547 and a special penalty assessment of $100.
Valdez, a member of Isleta Pueblo who resides in Bosque Farms, N.M., was indicted in Nov. 2012, and charged with assault resulting in serious bodily injury and assault with a dangerous weapon. According to the indictment, Valdez seriously injured a man by running over him with a vehicle on Aug. 10, 2011, in a location within Isleta Pueblo.
On Jan. 17, 2014, Valdez pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury. In his plea agreement, Valdez admitted that on Aug. 10, 2011, he intentionally drove his pickup truck over the victim and the victim suffered serious injuries as a result of the assault.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Isleta Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Albuquerque Woman Pleads Guilty to Federal Wire Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Lesa Howard, 52, of Albuquerque, N.M., pleaded guilty today to federal wire fraud and aggregated identity theft charges under a plea agreement with the U.S. Attorney’s Office.
Howard was arrested on Aug. 7, 2013, on a seven-count indictment charging her with two counts of wire fraud, one count of mail fraud, three counts of aggravated identity theft and one count of bank fraud. The indictment alleged that Howard committed these crimes in Bernalillo and Valencia Counties between July 2007 and July 2009.
According to the indictment, in July 2007, Howard unlawfully orchestrated the straw purchase of a house in Los Lunas, N.M., which she occupied for several years. When the mortgage holder began to foreclose on the straw purchaser in Aug. 2008, Howard unlawfully orchestrated the sale of the house to a second straw purchaser, who was living in the house with her, and unlawfully pocketed proceeds due to the original straw purchaser.
During today’s proceedings, Howard pled guilty to Counts 1 and 4 of the indictment charging her with wire fraud and aggravated identity theft, respectively. In her plea agreement, Howard admitted executing a scheme in Aug. 2008, to fraudulently induce a mortgage company to extend a $417,000 home loan for the purchase of a house in Los Lunas. She further admitted using the personal identifiers of another person, without authorization, to obtain the loan. Howard falsely represented that the homeowner had agreed to the sale of the house even though the homeowner had not agreed to the transaction. Although Howard represented that she would deliver the proceeds of the transaction to the homeowner, Howard arranged for $96,471 in proceeds to be wired into a bank account she controlled.
At sentencing, Howard faces a statutory maximum penalty of 30 years in prison on the wire fraud charge. Howard also faces a mandatory two years in prison on the identity theft charge which must be served consecutive to any prison sentence imposed on the wire fraud charge. Howard remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.
Under the terms of the plea agreement, the court will impose a money judgment against Howard in the amount of approximately $291,132, which represents part of the net profit Howard derived as a result of her criminal conduct. Howard also will be required to forfeit any interest she has in the Los Lunas house.
This case was investigated by Albuquerque office of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Jeremy Pena. The forfeiture proceedings are being handled by Assistant U.S. Attorney Stephen R. Kotz.
Santa Fe Man Arrested on Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Andre Lewis, 33, of Santa Fe, N.M., made his initial appearance in federal court in Albuquerque, N.M., this morning on an indictment charging him with federal tax offenses, announced Acting U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Lewis was arrested without incident by the IRS yesterday afternoon. He remains in custody pending his arraignment hearing and a detention hearing, both of which are scheduled on May 12, 2014.
Lewis is charged in an eleven-count indictment that was filed on April 23, 2014. Count 1 of the indictment charges Lewis with conspiracy to defraud the IRS. Count 2 charges him with making a materially false statement to a federal officer. Counts 3 through 11 charge Lewis with preparing and aiding and abetting the preparation and filing of false tax returns. Lewis allegedly committed the offenses between Feb. 2009 and Aug. 2009 in Bernalillo, County, N.M.
According to Count 1 of the indictment, from Feb. to July 2009, Lewis conspired with others to defraud the IRS by preparing and filing fraudulent claims for tax refunds. Lewis and his co-conspirators allegedly perpetuated the scheme by obtaining the names, identifiers and W-2 Forms for federal taxpayers, and using that information to electronically file federal income tax returns included either false claims for the First Time Home Buyer Credit or false withholding information. Lewis and his conspirators allegedly obtained tax refunds to which they were not entitled from the IRS.
Counts 3 through 11 of the indictment identify nine separate instances in which Lewis allegedly filed or assisted in the filing of false federal tax returns that sought an aggregate of $97,803.00 in tax refunds. Based on those allegedly fraudulent filings, the IRS deposited an aggregate of $95,058.12 into bank accounts identified in the false tax returns, including five deposits made into Lewis’s bank accounts.
Count 2 of the indictment alleges that on Aug. 13, 2009, Lewis knowingly made a materially false statement to a Special Agent of the IRS. Lewis allegedly told the agent that he did not have an email address bearing his name knowing that his representation was false because he allegedly had used the email address to electronically file false federal income tax returns.
If convicted, Lewis faces a statutory maximum penalty of five years on each of Counts 1 and 2 of the indictment and a statutory maximum penalty of three years on each of Counts 3 through 11 of the indictment. Charges in indictments are merely accusations. Defendants are presumed innocent unless found guilty.
This case was investigated by IRS Criminal Investigation in Albuquerque and is being prosecuted by Assistant U.S. Attorney Cynthia L. Weisman.
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Lewis Indictment
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Navajo Man from Thoreau Sentenced to Seventy Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Aldo Jones, 31, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., was sentenced this afternoon to 70 months in federal prison followed by three years of supervised release for his conviction on two assault charges. Jones also was ordered to pay $47,574.91 to the Indian Health Services to cover the costs of medical care for the victims and $80.00 to one of the two victims.
Aldo Jones and his brother Eddie Jones, Jr., III, 23, also of Thoreau, were arrested in early Aug. 2013, based on a criminal complaint charging them with assault charges arising out of an attack on a 21-year-old Navajo man in Crownpoint, N.M., on July 28, 2013. According to court filings, Aldo Jones and Eddie Jones assaulted the victim for failing to pay a $50 debt. Aldo Jones repeatedly stabbed the victim in the head, upper back and right hand with a screwdriver, and both he and Eddie Jones pummeled the victim with their fists. The victim sustained a life-threatening injury to his head where his skull was punctured. He also sustained stab wounds to his upper back and right hand and a broken nose.
Aldo Jones and Eddie Jones subsequently were charged in a four-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon arising from the assault on the 21-year-old victim. Aldo Jones also was charged with two assault charges arising out of an attack on a second victim on July 28, 2013, in Littlewater, N.M.
On Dec. 4, 2013, Aldo Jones pled guilty to two assault charges and admitted assaulting the two victims on July 28, 2013. He admitted assaulting the first victim at approximately 5:00 p.m. by stabbing him with a screwdriver. Aldo Jones also admitted stabbing the second victim with a knife approximately two hours later when the second victim confronted him about stabbing his cousin, the first victim.
On Dec. 5, 2013, Eddie Jones entered a guilty plea to assaulting the first victim. In his plea agreement, Eddie Jones admitted beating the victim who also was stabbed by Aldo Jones. At sentencing, Eddie Jones faces a maximum penalty of ten years in prison for each assault charge. He remains in custody pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Federal Indictment Charges Six Men with Trafficking Narcotics in Lea CountyRead the Press Release
ALBUQUERQUE – A federal grand jury has returned an indictment charging six men with narcotics trafficking offenses, announced Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Commander Byron Wester of the Lea County Drug Task Force (LCDTF).
The seven-count indictment, which was filed yesterday, charges Leroy Castillo, 32, Sergio Garza, 35, and Joe Padilla, 32, of Hobbs, N.M., Ruben Estrada, 32, and Richard Armijo-Romero, 22, of Las Vegas, N.M., and Charlie Gutierrez, 34, of Albuquerque, N.M., with violating the federal narcotics laws. Four of the defendants, Estrada, Garza, Armijo-Romero and Gutierrez were arrested on May 1, 2014, based on a criminal complaint. Castillo and Padilla have yet to be arrested and are considered fugitives. Individuals with information regarding the whereabouts of Castillo and Padilla are asked to call the FBI at 505-622-6001.
Estrada, Garza, Armijo-Romero and Gutierrez were arraigned this morning on the indictment in federal court in Las Cruces, N.M., and each entered a not guilty plea. Estrada and Garza were ordered detained pending trial during detention hearings held this morning. Armijo-Romero and Gutierrez remain in custody pending detention hearings scheduled for May 13, 2014.
The indictment in this case is the result of an investigation primarily targeting a drug trafficking organization operating in Lea County, N.M., that allegedly was led by Castillo. The investigation was led by the FBI and LCDTF with assistance from the DEA and New Mexico State Police. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.Count 1 of the indictment alleges that between April 28, 2014 and May 1, 2014, the six defendants conspired to possess cocaine with the intention of distributing the drugs in Lea County and elsewhere. Count 2 alleges that the six defendants possessed cocaine with intent to distribute on May 1, 2014, in Bernalillo County, N.M. Counts 3 and 4 allege that Castillo possessed cocaine and heroin with intent to distribute on May 1, 2014, in Lea County. Counts 5 and 6 allege that Garza possessed cocaine and heroin with intent to distribute in Lea County on May 1, 2014. Count 7 charges Garza with using and carrying a firearm in relation to and in furtherance of drug trafficking crimes in Lea County on May 1, 2014.
According to court filings, on April 28 and 29, 2014, the defendants made plans to pool their money to purchase narcotics from a source of supply in Phoenix, Arizona. On April 30, 2014, Estrada traveled to Phoenix allegedly to purchase narcotics. On May 1, 2014, Estrada, Armijo-Romero and Gutierrez traveled from Phoenix to Albuquerque in two vehicles. The three men were stopped by law enforcement officers on Interstate 40 west of Albuquerque and were arrested after the officers found approximately 8.5 kilograms of cocaine in the vehicle Armijo-Romero was driving. Garza was arrested in Hobbs later that day.
Following the arrests of Estrada, Armijo-Romero and Gutierrez, officers executed federal search warrants for six residences in Hobbs. The officers allegedly recovered 23 firearms, 1.6 kilograms of heroin, more than half a kilogram of methamphetamine and an additional 4.1 kilograms of cocaine, for a total of approximately 12.6 kilograms of cocaine.
If convicted on Counts 1 and 2 of the indictment, each of the six defendants faces a mandatory minimum ten years in prison and a maximum of life in prison. Castillo faces a similar sentence if convicted on Count 4. Castillo faces a mandatory minimum of five years to a maximum of 40 years in prison if convicted on Count 3, and Garza faces a similar sentence if convicted on Counts 5 and 6. Garza faces a five-year mandatory minimum prison sentence that must be served consecutive to any other sentence imposed if he is convicted on Count 7. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Roswell and Las Cruces offices of the FBI and the LCDTF, with assistance from the Las Cruces office of the DEA, the New Mexico State Police and the Phoenix Police Department. The case is being prosecuted by the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
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Castillo Indictment
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Castillo, Joe Photo
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Castillo, Leroy Photo
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DEA’s Albuquerque Office Spearheads New Mexico’s Multi-Agency Participation in Nationwide Synthetic Drug Takedown Thirteen Search Warrants, Eleven Seizure Warrants and Seven Arrests Executed in Albuquerque on May 7, 2014 as Part of Project Synergy PhaseRead the Press Release
ALBUQUERQUE – Yesterday the Drug Enforcement Administration (DEA), Customs and Border Protection (CBP), Immigration and Customs Enforcement Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS) and other federal, state, and local partners announced the culmination of Project Synergy Phase II, an ongoing effort targeting every level of the dangerous global synthetic designer drug market. Since January and leading up to early this morning, nationwide enforcement operations have taken place targeting these drug trafficking organizations that have operated in communities across the country.
According to the announcement, Project Synergy II began in Jan. 2014 and culminated yesterday with law enforcement operations in 29 states that involved more than 45 DEA offices serving nearly 200 search warrants. The Albuquerque District Office of the DEA coordinated New Mexico’s participation in the nationwide takedown which included the FBI, U.S. Marshal’s Service, U.S. Postal Inspection Service, Albuquerque Police Department, Bernalillo County Sheriff’s Office, the HIDTA Region I Middle Rio Grande Task Force, HIDTA Region III Narcotics Task Force and the Safe City Strike Force.
“The abuse of dangerous synthetic drugs has become a nationwide concern,” said Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA. “DEA, with the help of our law enforcement partners, will continue to identify, investigate, arrest, and seize the illicit assets of those who manufacture and deal in these substances. Individuals, retailers and organizations that continue to circumvent the law and engage in the trafficking of these dangerous drugs should be on notice that law enforcement agencies will utilize all available resources to hold them accountable for their actions.”
The New Mexico operation included the arrest of five individuals on federal synthetic drug trafficking charges and one individual on state synthetic drug trafficking charges, and the execution of 11 federal search warrants, 11 federal seizure warrants and two state search warrants in Albuquerque, N.M.Amjad Al-Washah, 27, Sabah Al-Washah, 47, Iman Al-Washah, 23, Sajey Beirat, 19, and Ramzi Kahalah, 53, all of Albuquerque, were arrested yesterday based on federal criminal complaints:
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Amjad Al-Washah is charged with distribution of a controlled substance analogue based on his alleged sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop at 806 Old Coors Drive SW in Albuquerque on Dec. 4, 2013.
Iman Al-Washah is charged with conspiracy and distribution of a controlled analogue based on his participation in the alleged sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop on Jan. 7, 2014.
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Sabah Al-Washah, the owner of Carlos’ Smoke Shop, is charged with conspiracy and aiding and abetting the distribution of a controlled analogue based on an alleged sale of synthetic cannabinoid to an undercover officer at the smoke shop on Jan. 7, 2014. Sabah Al-Washah also is charged with maintaining drug-involved premises.
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Sajey Beirat is charged with distribution of a controlled substance based on his alleged sale of synthetic cannabinoid to an undercover officer at C Jay’s Smoke Shop at 5823 Osuna NE in Albuquerque on March 6, 2014.
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Ramzi Kahalah, the owner of C Jay’s Smoke Shop, is charged with maintaining drug-involved premises.
The five defendants made their initial appearances in federal court this morning and remain in custody pending detention hearings scheduled tomorrow morning. If convicted on the distribution and conspiracy charges, each of the five defendants faces a statutory maximum penalty of 20 years in prison. If convicted on the maintaining drug-involved premises charges, Sabah Al-Washah and Ramzi Kahalah each face a maximum statutory penalty of 20 years in prison.
Fidel Abdeljawad, 46, of Albuquerque, was arrested on a state criminal complaint charging him with possession with intent to distribute a control substance, synthetic cannabinoids, a fourth degree felony. Abdeljawad’s bond was set at $150,000 cash or surety. If convicted, Abdeljawad faces up to 18 months in prison.
Charges in criminal complaints are merely accusations and the defendants are presumed innocent unless found guilty in a court of law.
During yesterday’s law enforcement operation, officers seized more than $275,000 in cash, approximately 12,000 packages of suspected synthetic cannabinoid, more than half a kilogram of treated suspected synthetic cannabinoid that had not yet been packaged and 13 vehicles valued at more than $450,000. The vehicles seized included a Lamborghini, two Dodge Vipers and a Cadillac CTSV with a 1000 horsepower racing engine.
The federal cases are being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead and related forfeiture matters are being handled by Assistant U.S. Attorney Stephen R. Kotz. The state case is being prosecuted by Assistant District Attorney Jason Yamato of the 2nd Judicial District Attorney’s Office.
The DEA’s Albuquerque District Office also participated in investigation that contributed to Project Synergy II’s law enforcement operations in the Atlanta, Ga., metropolitan area. Those operations included the seizure of bank accounts containing an aggregate of $1.4 million, $150,000 to $200,000 in cash, 177 kilograms of synthetic cannabinoid, 800 processed packages of synthetic cannabinoid, and 250 pounds of untreated spice plant material.
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Synergy Complaint 14-MJ-1554
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Synergy Complaint 14-MJ-1556
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Men from Oregon and Pennsylvania Plead Guilty to Defrauding New Mexico-Based CompanyRead the Press Release
ALBUQUERQUE – Two men have pleaded guilty to conspiracy to defraud Kinesio USA LLC, a New Mexico-based company that sells therapeutic elastic tape and related products, and its related company, Kinesio Holding Corporation (together, “Kinesio”), announced Acting U.S. Attorney Damon P. Martinez, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Johannes Jarvis, 41, of Portland, Ore., and John Hope, 66, of Huntingdon Valley, Pa., each entered a guilty plea to Count 22 of a 38-count indictment charging them with conspiracy to commit wire fraud. Jarvis entered his guilty plea this morning and Hope entered his guilty plea on May 5, 2014.
Jarvis and Hope were charged in a 38-count indictment that was filed on July 11, 2013, and charged them with a wire fraud conspiracy count, 21 counts of wire fraud and 16 counts of money laundering. The indictment alleged that from late 2007 through April 2010, Jarvis and Hope conspired to defraud Kinesio of approximately $4.3 million, at least $1.2 million of which Jarvis and Hope retained as profits. At the time, Jarvis was the Director of Marketing for Kinesio and Hope owned a printing business that operated in China that had been hired to produce marketing materials for Kinesio.
According to court filings, in 2007, Kinesio began looking for a new manufacturer for its therapeutic elastic tape and Jarvis suggested searching for a manufacturer in China. Thereafter, Jarvis lied to Kinesio and reported that he had located a suitable manufacturer in China but that Kinesio would have to work through a broker to coordinate the business relationship. In April 2008, Jarvis and Hope incorporated Grace International (HK) Limited (“Grace International”) in Hong Kong, of which they were the sole owners. Jarvis told Kinesio that Grace International was an experienced company, when in reality it had no other clients. Jarvis represented to Kinesio that Grace International would broker the relationship between Kinesio and the tape manufacturer. In their plea agreements, Jarvis and Hope admitted that they concealed their ownership of the company because they knew that Kinesio would not have agreed to use Grace International as a broker if Kinesio had been aware that Jarvis and Hope were involved in it.
Relying on Jarvis’s misrepresentations, Kinesio entered into a contract with Grace International pursuant to which Kinesio paid Grace International to produce therapeutic elastic tape between July 2008 and Jan. 2010. During this period, Jarvis and Hope defrauded Kinesio by having Grace International charge Kinesio a significant undisclosed markup above the manufacturer’s price for the tape, which Jarvis and Hope hid from Kinesio. Jarvis and Hope shared the profits generated by the markup on a 65/35 split with Jarvis getting the larger share. As a means of continuing the deception, Jarvis and Hope sent emails to personnel at Kinesio that purported to be from employees at Grace International. The emails were composed in broken English so as to make it appear that they were written by a native Chinese speaker.
At sentencing, Jarvis and Hope each face a maximum statutory penalty of 20 years in federal prison. They also will be required to pay restitution to Kinesio in an amount to be determined by the court. Both men remain on conditions of release and under pretrial supervision pending their respective sentencing hearings, which have yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and IRS Criminal Investigation in Albuquerque and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
Las Cruces Man Pleads Guilty to Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – John Wade Crist, 57, of Las Cruces, N.M., pleaded guilty yesterday in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Crist will be sentenced to 144 months in federal prison followed by a term of supervised release to be determined by the court.
Crist was arrested on Nov. 15, 2013, and a two-count indictment charging him with distribution of methamphetamine and being a felon in possession of a firearm. According to the indictment, Crist distributed methamphetamine and possessed a firearm in Doña Ana County, N.M., on June 19, 2013. At the time, Crist was prohibited from possessing firearms or ammunition because he previously had been convicted of two narcotics trafficking offenses.
During yesterday’s plea hearing, Crist entered a guilty plea to the indictment. In his plea agreement, Crist admitted selling 23.3 grams of methamphetamine to an undercover officer who was posing as a drug dealer on June 19, 2013, in Doña Ana County. Crist also admitted that on that same date, he possessed a shotgun and sold the firearm to the undercover officer.
Crist has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Kewa Pueblo Man Sentenced to Seventeen and a Half Years in Prison for Aggravated Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Preston Coriz, 33, a member and resident of Kewa Pueblo, was sentenced today to 210 months years in federal prison for his aggravated child sexual abuse conviction. Coriz will be on supervised release for ten years after he completes his prison sentence. He also will be required be required to register as a sex offender.
The sentence was announced by Acting U.S. Attorney Damon P. Martinez, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Coriz was arrested in Nov. 2012, on an indictment charging him with sexually abusing a child under the age of 12 years in Nov. 2008, in Indian Country (Kewa Pueblo) within Sandoval County, N.M. On July 11, 2013, Coriz pleaded guilty to the indictment and admitted sexually assaulting a child under the age of 12 by touching the child’s genitals with his hand and finger.
This case was investigated by the Albuquerque and Santa Fe offices of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Hogback, N.M., Man who was Convicted on Rape Charge After Trial is Sentenced to Twelve and a Half Years in Federal PrisonRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney Damon P. Martinez and John Billison, Director of the Navajo Nation Division of Public Safety, announced that Myron Jim Harry, 27, was sentenced this morning to 151 months in federal prison followed by ten years of supervised release for his rape conviction. Harry will be required to register as a sex offender after he completes his prison sentence.
Harry, an enrolled member of the Navajo Nation from Hogback, N.M., was arrested in May 2010, based on a criminal complaint alleging that he sexually abused a Navajo woman in Shiprock, N.M., on May 6, 2010. According to the complaint, Harry committed the offense while the victim could not communicate her unwillingness to participate in the sexual act. Harry subsequently was indicted on that same charge.
On May 9, 2013, a federal jury found Harry guilty on the sole count of the indictment after a four-day trial. The evidence at trial established that, on the night of May 5, 2010, Harry and several others celebrated the victim’s birthday in a Shiprock apartment. Early the next morning, while the victim was asleep next to another woman in a bedroom in the apartment, Harry entered the bedroom and the victim awoke to find Harry raping her. The other woman, who awoke to find Harry raping the victim while the victim was asleep, yelled at Harry to get off of the victim and threw him out of the apartment. Other witnesses in the apartment testified that the victim was in a state of shock and crying after being violated by Harry. The victim was examined at a medical facility where a sexual assault evidence kit was used to preserve evidence. The examination revealed that the victim sustained physical injuries to her vaginal area and DNA analysis revealed that Harry’s semen was found on the victim. Harry testified in his own defense and claimed that he had been seduced by the victim and that the intercourse was consensual.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback and Special Assistant U.S. Attorney David M. Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Tijeras Man Sentenced to Ten Years in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Glenn Isaac Garcia, 25, of Tijeras, N.M., was sentenced yesterday to 10 years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Garcia was convicted of this offense based on a guilty plea entered on Dec. 3, 2013
Garcia was arrested in Oct. 2013, on a criminal complaint alleging that he unlawfully possessed a handgun and ammunition in Bernalillo County, N.M., on March 9, 2013. According to the complaint, on that day, officers of the Albuquerque Police Department were engaged in a law enforcement operation to execute an arrest warrant for a suspect with a criminal history of violence. During the operation, the officers located the suspect driving a vehicle in which Garcia was a passenger. As the officers slowly drove by the suspect’s vehicle, Garcia fired several shots at the officers’ unmarked police vehicle. Shortly thereafter, Garcia again pointed his firearm outside of the vehicle in which he was a passenger and fired several shots at a second unmarked police vehicle occupied by officers. A high speed chase ensued during which Garcia fired multiple shots at two more police vehicles, disabling one of the vehicles. The chase ended and Garcia and the suspect were arrested after the suspect crashed his vehicle.
Court records reflect that Garcia was prohibited from possessing firearms or ammunition in March 2013 because previously he had been convicted of several methamphetamine trafficking offenses in 2008 and the unlawful taking of a motor vehicle in 2009 in the 2nd Judicial District Court for the State of New Mexico.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Louis E. Valencia.
Garcia was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Shiprock Man Sentenced for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Lancelot Lapahie, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today for his statutory rape conviction. As required by the terms of his plea agreement, Lapahie was sentenced to 24 months in prison followed by ten years of supervised release. He also was ordered to register as a sex offender. The 24-month prison sentence will be served concurrently with a 50-month prison sentence Lapahie already is serving for his conviction on assault and firearms charges.
Lapahie was arrested in Nov. 2013 on an indictment charging him with statutory rape. According to the indictment, between Aug. 2010 and Dec. 2011, Lapahie engaged in a sexual act with a minor under the age of 16 years. In Feb. 2014, Lapahie entered a guilty plea to the indictment.
The 50-month prison sentence was imposed on Lapahie in May 2013, following his guilty plea to two assault charges and a possession of an unregistered firearm charge. In entering his guilty plea to those charges, Lapahie admitted that in March 2012, he struck a man with a baseball bat and repeatedly struck another man about the head, arms and body with a machete. The victim of the machete attack suffered multiple stab wounds and cuts to his head, face, forearm, leg and back.
This case was prosecuted by Assistant U.S. Attorney Novaline D. Wilson, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Navajo Nation Division of Social Services.
Nevada Woman Pleads Guilty to Transporting an Undocumented Mexican ToddlerRead the Press Release
ALBUQUERQUE – Serafina Madrid, 35, of Las Vegas, Nev., pleaded guilty this morning in federal court in Albuquerque, N.M., to a felony information charging her with transporting an illegal alien. Under the terms of her plea agreement, Madrid will be sentenced to a term of probation to be determined by the court.
Madrid was arrested on Aug. 1, 2013, based on a criminal complaint charging her with unlawfully transporting of an illegal alien. According to the criminal complaint, on that day, law enforcement officers encountered Madrid at the Greyhound bus station in Albuquerque. At the time of the encounter, Madrid was transporting a 16-month old toddler from San Diego, Cal. to Atlanta, Ga. The toddler was a Mexican national unlawfully in the United States.
In entering her guilty plea, Madrid admitted that she was transporting the child, who was an illegal alien from Mexico, when she was arrested on Aug. 1, 2013. Madrid further admitted that she had been paid $1200.00 to transport the 16-month old toddler from San Diego, Calif., to Atlanta, Ga., and that she expected additional payment when she delivered the toddler to her mother in Georgia.
Madrid remains on conditions of release and under pretrial supervision pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of U.S. Customs and Border Protection, with assistance from the Albuquerque office of the DEA and the Pueblo of Laguna Tribal Police Department, and is being prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and Charles L. Barth.
Laguna Pueblo Man Sentenced to Federal Prison for Assaulting his Intimate PartnerRead the Press Release
ALBUQUERQUE – Matthew Louis Brown, 32, was sentenced today to 17 months in federal prison followed by three years of supervised release for his conviction for domestic assault by a habitual offender charge. Brown also was ordered to pay $1,250 in restitution to the Indian Health Services to cover the costs of medical care for the victim.
The sentence was announced by Acting U.S. Attorney Damon P. Martinez, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Police Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.
Brown, a member of the Pueblo of Laguna who resides in Mesita, N.M., was arrested on Oct. 2, 2013, based on a two-count indictment alleging that (1) he assaulted his intimate partner, a member of the Pueblo of Acoma, and (2) he assaulted the victim causing her serious bodily injury. Brown was charged federally as a habitual domestic violence offender because he has two prior domestic violence convictions in the Pueblo of Laguna Tribal Court.
On Jan. 7, 2014, Brown pled guilty to Count 1 of the indictment and admitted assaulting the victim, his intimate partner and the mother of his child, by striking her in the face multiple times with a closed fist and kicking her head while she was on the ground. Brown also admitted that the victim sustained serious bodily injury as a result of his attack and that he committed this crime on July 25, 2011, in a location within the Pueblo of Laguna.
Court records reflect that Brown previously was convicted on domestic violence charges before the Pueblo of Laguna Tribal Court in 2004 and 2008.
This case was investigated by the Laguna/Acoma Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department and was prosecuted by Special Assistant U.S. Attorney David Adams. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Men from California and Texas to Serve Lengthy Federal Prison Sentences for Kidnapping Man in El Paso, TexasRead the Press Release
ALBUQUERQUE – Brandon Lawrence Jones, 36, of San Diego, Calif., and Jesus Manuel Gallegos, 42, of El Paso, Texas, were sentenced today for their federal kidnapping convictions. Jones was sentenced to 35 years in prison while Gallegos was sentenced to 30 years in prison. Each man will be on supervised release for five years after completing his prison sentence. Jones and Gallegos jointly were ordered to pay $1,990 in restitution to the victim.
According to court records, on the night of Nov. 5, 2011, Jones and Gallegos carjacked and kidnapped a man as he was leaving a basketball game in El Paso, Texas. Using an air pistol that resembled semi-automatic pistol, Jones forced the victim to get into the passenger seat of his own vehicle. Thereafter, Gallegos joined Jones and the victim in the vehicle. After directing the victim to identify banks at which the victim maintained accounts, Jones took bank cards out of the victim’s wallet; forced the victim to reveal the PINs for his bank accounts; and withdrew cash from the victim’s bank accounts. During this time, Jones and Gallegos repeatedly struck the victim in the face and body with their fists.
Jones and Gallegos drove the vehicle from El Paso to Clines Corner, N.M. During one stop, they duct-taped the victim’s hands and feet, but later released him from the restraints when they realized that it might be hard to explain a restrained passenger as they crossed through the U.S. Border Patrol checkpoint at Hatch, N.M. During a stop in Albuquerque, N.M., Jones and Gallegos continued to use the victim’s bank card to withdraw money from the victim’s bank accounts. When they arrived at Clines Corner in the early morning of Nov. 6, 2011, Jones and Gallegos parked the vehicle at a truck stop and fell asleep. After ensuring that his kidnappers were asleep, the victim escaped from the vehicle and sought help from restaurant employees at the Clines Corner truck stop who called 911 and helped the victim contact family members in El Paso. Shortly thereafter, officers of the New Mexico State Police and Torrance County Sheriff's Office arrested Jones and Gallegos, who were still asleep in the victim’s vehicle.
When they were arrested on state charges, Jones was in possession of a wallet containing the victim’s driver's license, and Gallegos was in possession of one of the victim’s bank cards. In the vehicle, the officers found an air pistol, which looked like a semi-automatic pistol with a laser site, ATM receipts, and wads of used duct tape.
Jones and Gallegos were arrested on federal charges on Nov. 7, 2011, and have been in federal custody since that time. Jones entered his guilty plea to a kidnapping charge on Dec. 28, 2012, and Gallegos entered his guilty plea to a similar charge on Jan. 3, 2013. Both guilty pleas were entered without the benefit of plea agreements.
The case was investigated by the Albuquerque Division of the FBI, the New Mexico State Police and the Torrance County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorneys Charles L. Barth and William J. Pflugrath.
Zuni Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Bobby Concho, 53, pleaded guilty this morning to federal assault and domestic assault by a habitual offender charges. Under the terms of his plea agreement, Concho will be sentenced to 40 months in federal prison followed by a term of supervised release to be determined by the court.
Concho, a member and resident of Zuni Pueblo, N.M., was arrested on Feb. 25, 2014, on a two-count indictment charging him with assault with a dangerous weapon and domestic assault by a habitual offender. According to the indictment, Concho assaulted his intimate partner with a metal folding chair on June 23, 2013, in Indian Country in McKinley County, N.M. Concho was charged as a habitual offender because he previously had been convicted on domestic assault charges in the Zuni Tribal Court in 2006 and in the McKinley County Magistrate Court in 2004.
Today, Concho entered a guilty plea to both counts of the indictment. In entering his guilty plea, Concho admitted assaulting his intimate partner on June 23, 2013, by striking her in the face multiple times with a closed fist and hitting her with a metal folding chair with the intention of causing bodily harm. Concho acknowledged committing the assault within Zuni Pueblo.
Concho has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Zuni Tribal Police Department and is being prosecuted by Tribal Special Assistant U.S. Attorney David Adams. The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Phoenix, Arizona Man Pleads Guilty to Federal Child Sexual Exploitation Charge in New MexicoRead the Press Release
ALBUQUERQUE – Noah John Carney, 20, of Phoenix, Ariz., entered a guilty plea this morning in Las Cruces federal court to attempting to induce a minor to produce child pornography. Under the terms of the plea agreement, Carney will be sentenced to ten years in federal prison followed by ten years of supervised release. Carney also will be required to register as a sex offender.
Carney was arrested in Oct. 2013, on a criminal complaint charging him with inducing a minor to engage in sexually explicit conduct and attempting to have minor produce child pornography. In March 2014, Carney was indicted and charged with attempting to produce child pornography, attempting to receive child pornography, and attempting to entice a minor to engage in sexual activity.
During today’s proceedings, Carney entered a guilty plea to Count 3 of the indictment charging him with attempting to entice a minor to engage in sexual activity. In his plea agreement, Carney admitted contacting the victim through an Internet game in Aug. 2013, and learning that the victim was 13-years-old. During that “chat” and subsequent telephone, email and text communications, Carney engaged in sexually explicit conversations with the victim. Carney asked the victim to send him nude photographs of her and sent her a nude photograph of him. He also discussed plans to travel to New Mexico to have sex with the victim.
According to court filings, the FBI performed a search of the victim’s cellular telephone and Kindle device, and found Carney’s nude photo and some of the “chats” between Carney and the child victim. In mid-Sept. 2013, the Albuquerque Police Department (APD) joined the FBI’s investigation and an APD officer assumed the victim’s on-line identity and began communicating with Carney. During an Oct. 3, 2013 “chat,” Carney asked the officer who was posing as the child victim for a sexually explicit photo, and on the following day, Carney sent the officer a video of an adult engaged in sexually explicit conduct. Carney was arrested in Phoenix by the FBI on Oct. 24, 2013, and was transferred to New Mexico to face the charges in this case.
Carney has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and APD, with assistance from the New Mexico Regional Computer Forensic Laboratory, and is being prosecuted by Special Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office. The case was filed as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Manager of Club Tropicana in Espanola Pleads Guilty to Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Edward Albert Marquez, 68, the manager and operator of Club Tropicana in Espanola, N.M., pleaded guilty this morning to violating the federal tax laws.
Marquez entered a guilty plea to a two-count felony information charging him with making and subscribing a false tax return, and aiding and assisting the presentment of a false tax return. Count 1 of the information charged Marquez with filing a tax return for tax year 2009 in which he reported no income from Club Tropicana when in fact he received income from Club Tropicana resulting in a tax loss to the United States of $32,701. Count 2 charged Marquez with assisting in the preparation of a tax return for Club Tropicana for tax year 2009 which failed to report income and resulted in a tax loss to the United States of $81,040.
In his plea agreement, Marquez admitted filing false tax returns and assisting in the presentation of false tax returns to evade the assessment of federal taxes by the IRS. The plea agreement states that from 2007 to 2009, Marquez “skimmed” money from Club Tropicana, a bar and package liquor store in Espanola which Marquez operated and managed. Marquez knowingly provided information that falsely underreported the gross income generated by Club Tropicana in the club owner’s tax returns for tax years 2007, 2008 and 2009. Marquez also took cash from Club Tropicana’s gross receipts, deposited the cash in his personal bank account, and failed to report this income in his 2007, 2008 and 2009 tax returns. Today, Marquez admitted that the false returns he filed and caused to be filed resulted in an aggregate of $297,842 in tax losses to the United States.
At sentencing, Marquez faces a statutory maximum penalty of three years in federal prison on each of the two charges. Under the terms of his plea agreement, Marquez also will be required to pay $297,842 in restitution to the IRS. Marquez was released on conditions of release and under pretrial supervision pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Stephen R. Kotz.
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Marquez Information
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Marquez Plea Agreement
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U.S. Border Patrol Agent Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Abel Michael Quiroz, 26, a U.S. Border Patrol Agent who resides in Las Cruces, N.M., was arrested yesterday on federal child pornography offenses. Quiroz made his initial appearance in federal court in Las Cruces this morning. He remains in custody pending a detention hearing which has yet to be scheduled.
Quiroz was arrested on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, Homeland Security Investigations (HSI) initiated an investigation into Quiroz after receiving information that an adult male, later confirmed to be Quiroz, was having inappropriate communications with a 15-year-old child (victim).
The complaint alleges that execution of a search warrant for the contents of an email address belonging to Quiroz revealed found numerous sexually explicit communications between Quiroz and the victim as well as nude and sexually explicit photographs of the victim. On April 29, 2014, HSI special agents executed a federal search warrant at Quiroz’s residence where they seized digital media and arrested Quiroz. There is no evidence suggesting that Quiroz’s alleged criminal activities were conducted with government-owned equipment or technology.
If convicted of the charges in the criminal complaint, Quiroz faces a federal prison term of not less than five years and not more than 20 years. If convicted, Quiroz also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Child Exploitation Unit of HSI’s office in Las Cruces pursuant to Project iGuardian, an HSI initiative designed to reach children, parents and teachers and share information about the dangers of online environments, how to stay safe online and how to report abuse and suspicious activity. The Olathe (Kansas) Police Department assisted in the investigation.
The case is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.Silver City Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jeremy Cuevas, 35, of Silver City, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 77 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. The sentence was announced by Acting U.S. Attorney Damon P. Martinez, 6th Judicial District Attorney Francesca Martinez-Estevez and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.
Cuevas was arrested in Nov. 2013 in a criminal complaint alleging that Cuevas unlawfully possessed a handgun and ammunition in Grant County, N.M., on Oct. 4, 2012. According to the complaint, state probation officers who were conducting a field visit at Cuevas’ residence on Oct. 4, 2012, contacted the Silver City Police Department after learning that Cuevas was in possession of methamphetamine. The Silver City Police Department obtained a search warrant for Cuevas residence. When the officers executed the search warrant, they seized a handgun and ammunition, a small amount of methamphetamine and drug paraphernalia.
Court records reflect that Cuevas was prohibited from possessing firearms or ammunition in Oct. 2012 because he previously had been convicted of the following felony offenses in the 6th Judicial District Court for the State of New Mexico: trafficking in cocaine in 1999; attempted aggravated battery in 2000; possession of methamphetamine in 2010; and tampering with evidence in 2011.
On Jan. 22, 2014, Cuevas entered a guilty plea to a felony information charging him with being a felon in possession of a firearm and ammunition.
This case was investigated by the Deming office of HSI, the Silver City Police Department, and the Probation and Parole Division of the New Mexico Corrections Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Cuevas was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Otero County Corrections Officer Charged in Narcotics Smuggling SchemeRead the Press Release
ALBUQUERQUE – A corrections officer at the Otero County Prison Facility (OCFP) in Chaparral, N.M., has been charged with violating the federal narcotics laws, Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI and Department Secretary Gregg Marcantel of the New Mexico Corrections Department announced.
The correction officer, Luis Delgadillo, 37, of El Paso, Texas, is one of six individuals charged in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF. The criminal complaint also charges Nancy Salas, 35, of Alamogordo, N.M., Ana Lopez, 24, of Albuquerque, N.M., and three OCPF inmates, Eric Lovato, 30, of Boles Acres, N.M., and Armando Lopez, 27, and Gary Borja, 26, both of Albuquerque, with participating in the conspiracy.
Delgadillo and Ana Lopez were arrested by the FBI on April 26, 2014. During court proceedings this morning, a U.S. Magistrate Judge in Las Cruces ordered Delgadillo detained pending trial while Ana Lopez was released on conditions of release and under pretrial supervision. Salas, who was arrested on April 28, 2014, made her initial appearance in federal court this morning and remains in custody pending a detention hearing which has yet to be scheduled. The three inmates, who remain in state custody, will be transferred to federal custody to face the charges in the criminal complaint.
According to the criminal complaint, the FBI initiated its investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department allegedly showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF. The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy that allegedly smuggled narcotics into the OCPF between Jan. 2014 and April 2014.
The criminal complaint generally alleges that Ana Lopez and Salas purchased narcotics at the behest of the inmate defendants and transferred the narcotics to Delgadillo, who was paid to smuggle the narcotics to the inmate defendants. In late Jan. and early Feb. 2014, Ana Lopez, Armando Lopez, Salas and Lovato allegedly participated in a series of telephone calls during which they arranged for Salas to purchase narcotics that would be smuggled into the OCPF by Delgadillo.
The criminal complaint further alleges that in Feb. and March 2014, Salas, Borja and Lovato participated in a series of telephone calls during which they arranged for Salas to purchase narcotics and to transfer the narcotics to Delgadillo so that he could smuggle the narcotics into the OCPF. On March 14, 2014, the FBI conducted surveillance of a meeting between Salas and Delgadillo. On March 15, 2014, OCPF video surveillance cameras allegedly recorded an interaction during which Delgadillo handed a package to Borja which Borja took to his bunk area where he was joined by Armando Lopez. During a telephone call later that day, Armando Lopez allegedly told Ana Lopez that Delgadillo had smuggled the narcotics into the OCPF. On March 18, 2014, the OCFP performed inmate drug tests which allegedly revealed that Borja, Armando Lopez and another inmate tested positive for opiates.
According to the criminal complaint, in April 2014, Borja participated in in a series of telephone calls with Ana Lopez during which they made plans for Ana Lopez to purchase narcotics and to transfer the narcotics to Delgadillo. On April 26, 2014, the FBI conducted surveillance of a meeting between Delgadillo and Ana Lopez. Shortly thereafter, the FBI arrested Delgadillo and Ana Lopez. During a search of Delgadillo’s vehicle, the FBI allegedly found a box containing 38.9 grams of a substance that tested positive for methamphetamine; 12.5 grams of a substance that appeared to be heroin; and 10 Suboxone pills.
If convicted of the offense charged in the criminal complaint, each of the six defendants faces a prison sentence of not less than five years and not more than 40 years. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
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Fruitland, N.M., Man Pleads Guilty to Federal Voluntary Manslaughter and Assault ChargesRead the Press Release
ALBUQUERQUE – Jason Yazzie, 31, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., pleaded guilty this morning to voluntary manslaughter and assault charged. Under the terms of the plea agreement, Yazzie will be sentenced to a federal prison sentence within the range of 20 to 25 years.
Yazzie was arrested on Aug. 6, 2013, based on a criminal complaint alleging that he killed a two-year-old Navajo child on Aug. 2, 2013, in a location within the Navajo Indian Reservation.
During today’s proceedings, Yazzie entered a guilty plea to a felony information charging him with voluntary manslaughter and assault resulting in serious bodily injury charges. In his plea agreement, Yazzie admitted that on Aug. 2, 2013, he became extremely frustrated with the victim, who had been left in his care, and repeatedly struck the victim about the torso, causing the victim to sustain severe chest and abdominal injuries. Yazzie also admitted that he threw the victim approximately five feet in the air and across the room, causing the victim to sustain severe head and neck trauma. Yazzie admitted that he acted in frustration and in the heat of passion and that his actions caused the victim’s death.
Yazzie has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Accountant from Rio Arriba County Arraigned on Federal Conspiracy, Mail Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Jasonn Gonzales, 41, an accountant from Velarde, N.M., was arraigned today on a federal indictment alleging conspiracy, mail fraud and aggravated identity theft charges arising out of a scheme to defraud the federal and state unemployment insurance system. Gonzales, who was arrested on April 24, 2014, entered a not guilty plea to the indictment and remains in custody pending a detention hearing scheduled for May 2, 2014.
Count 1 of the six-count indictment, which was filed on March 26, 2014, charges Gonzales and co-defendant Gerald Archuleta, 43, of Ojo Caliente, N.M., with conspiracy to commit mail fraud in furtherance of a scheme to defraud the federal and state Unemployment Insurance System in New Mexico, Texas and Colorado of money by false and fraudulent pretenses. Counts 2 through 5 of the indictment charge the two men with mail fraud, and Count 6 charges Gonzales alone with aggravated identity theft.
According to the indictment, the federal and state Unemployment Insurance System seeks to lessen the effects of unemployment through payments made to claimants (laid-off workers) on a weekly basis while the claimants seek employment. The unemployment insurance program is administered on behalf of the federal government by state workforce agencies in each state. The indictment alleges that between 2009 and 2012, Gonzales and Archuleta schemed to defraud the New Mexico Department of Workforce Solutions, the Texas Workforce Commission and the Colorado Department of Labor and Employment of more than $1,356,000 by making false and fraudulently claims for unemployment benefits in the names of real people.
The indictment alleges that Gonzales and Archuleta perpetuated their unlawful scheme by fraudulently registering numerous non-existent companies with the three state workforce agencies and filing false quarterly reports for the fictitious companies which identified claimed employees. The two men allegedly provided the names, dates of birth and social security numbers of the claimed employees to the state agencies without the knowledge or authorization of the claimed employees, who were real people. Gonzales and Archuleta then allegedly made false and fraudulent claims for unemployment benefit claims on behalf of the claimed employees of the fictitious companies. The two men allegedly opened post office boxes in New Mexico, Texas and Colorado, which they provided to the three state workforce agencies as mailing addresses for the claimed employees. The state agencies mailed debit cards to the claimed employees at the post office boxes and the defendants allegedly used the debit cards to withdraw the fraudulently obtained benefits. During the life of the conspiracy, Gonzales and Archuleta allegedly submitted fraudulent claims for unemployment benefits in the aggregate amount of $1,356,461, and defrauded the three state workforce agencies of approximately $801,848, in total.
The indictment includes forfeiture provisions seeking a money judgment in the amount of $801,848 as well as the forfeiture of assets and property which constitute or are derived from proceeds traceable to the criminal activity alleged in the indictment.
If convicted, Gonzales and Archuleta each face a statutory maximum penalty of 20 years in federal prison on the conspiracy charge and each of the five mail fraud charges. If convicted on the aggravated identity fraud charge, Gonzales faces a two-year mandatory prison sentence to be served consecutive to any sentence imposed on the conspiracy and mail fraud charges.
Archuleta has yet to be arrested and is considered a fugitive.
This case was investigated by the Department of Labor Office of Inspector General, Office of Labor Racketeering and Frauds Investigations, and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.
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Gonzales Indictment
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Nurse/Home Healthcare Provider Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – A registered nurse employed by two home healthcare providers that provides mental health and medical care for children and adolescents has been charged with federal child pornography offenses.
John Jaramillo, 44, of Albuquerque, N.M., was arrested yesterday by special agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. Jaramillo made his initial appearance in federal court this morning and remains in federal custody pending a detention hearing scheduled for April 28, 2014.
According to the criminal complaint, the investigation leading to Jaramillo’s arrest began in Nov. 2013, when a special agent with the New Mexico State Police identified an IP address that was being used to share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks. Subsequent investigation revealed that the IP address was subscribed to the address for Jaramillo’s residence in west side of Albuquerque.The criminal complaint states that on April 24, 2014, HSI, the New Mexico State Police, the Bernalillo County Sheriff’s Office, and the Albuquerque Police Department, agencies that participate in the New Mexico Internet Crimes Against Children (ICAC) Task Force, executed a federal search warrant at the residence and seized a computer and computer-related media allegedly used only by Jaramillo. A preliminary forensic examination of the computer taken from a room identified as Jaramillo’s office allegedly recovered more than 250 images and videos consistent with child pornography.
If convicted of the charges in the criminal complaint, Jaramillo faces a federal prison sentence of not less than five years and not more than 20 years. If convicted, Jaramillo also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.This case was investigated by the Sexual Predator Exploitation and Enforcement Detail (SPEED) of HSI in Albuquerque, the NMAGO and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Pinedale, N.M., Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Ramsey Litzin, 20, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., pleaded guilty this morning to a felony information charging him with involuntary manslaughter.
Litzin was arrested on Nov. 15, 2013, on a criminal complaint alleging that he killed a 27-year-old Navajo man by stabbing him to death in the early hours of Nov. 12, 2013, in Pine Dale, N.M., which is located within the Navajo Indian Reservation. Court filings reflect that Litzin was intoxicated when he killed the victim during a physical altercation between the two men.
During today’s plea hearing, Litzin pleaded guilty to an involuntary manslaughter charge and admitted killing the victim by stabbing him with a knife. In his plea agreement, Litzin admitted that he armed himself with a knife prior to a physical fight with the victim and stabbed the victim approximately 23 times with the intention of causing the victim to sustain serious bodily injury and knowing his actions could result in the victim’s death. Although most of the stab wounds were superficial, at least three stab wounds contributed to the victim’s death. Litzin stated that he was angry, intoxicated and had been struck by the victim when he stabbed the victim to death.
Litzin has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Litzin faces a statutory maximum penalty of eight years in federal prison.
The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Mexican National Sentenced to Nine Years in Federal Prison for Trafficking Methamphetamine in San Juan CountyRead the Press Release
ALBUQUERQUE – Pricilo Garcia-Jimenez, 41, a Mexican national from Oaxaca, Mexico, was sentenced this afternoon to 108 months in federal prison for his methamphetamine trafficking conviction. Garcia-Jimenez will be deported after he completes his prison sentence. The sentence was announced by Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Director of the HIDTA Region II Narcotics Task Force.
Garcia-Jimenez, an undocumented alien illegally present in the United States, was arrested on May 22, 2012, on a criminal complaint alleging methamphetamine trafficking charges. In July 2012, a five-count indictment was filed charging Garcia-Jimenez with distributing methamphetamine in San Juan County, N.M., on five separate occasions between Nov. 2011 and April 2012.
On Aug. 29, 2013, Garcia-Jimenez pled guilty to five methamphetamine distribution charges. In his plea agreement, Garcia-Jimenez admitted distributing methamphetamine to an undercover officer on five separate occasions between Nov. 2011 and April 2012. Specifically, Garcia Jimenez admitted distributing 69.4 grams of methamphetamine to the undercover agent on Nov. 30, 2011. Garcia-Jimenez also admitted distributing more than five grams of methamphetamine to the undercover agent on Feb. 23, 2012, March 28, 2012, April 5, 2012 and April 29, 2012. He further admitted distributing methamphetamine to others on Sept. 29, 2011, Oct. 19, 2011, Nov. 2, 2011 and Nov. 17, 2011.
This case was investigated by the Albuquerque office of HSI and the HIDTA Region II Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
The Region II HIDTA Narcotics Task Force is comprised of officers from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Farmington Man Pleads Guilty to Assaulting a Federal EmployeeRead the Press Release
ALBUQUERQUE – Charles L. Palmer, 23, of Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assaulting a federal employee who was engaged in the performance of his official duties.
On Nov. 19, 2013, Palmer was charged in a two-count indictment with (1) assaulting a federal employee, and (2) driving a motor vehicle on federal lands administered by the Bureau of Land Management (BLM) while under the influence of alcohol. According to the indictment, Palmer assaulted a BLM Ranger on May 25, 2013 and drove a vehicle in the Glade Run Recreational Area, which is located on federal lands administered by BLM, while under the influence of alcohol.
Today, Palmer entered a guilty plea to Count 1 of the indictment. According to the plea agreement, on May 25, 2013, Palmer was drinking beer at the Glade Run Recreation Area with about 30 other individuals. When two marked patrol vehicles with flashing emergency lights approached the group, Palmer got into his truck and began to drive away. A uniformed BLM Ranger tried to stop Palmer from driving away and ordered him to stop. Palmer disregarded the Ranger’s directions and instead struggled with the Ranger while the truck continued to move forward. As the truck passed a tree, the tree knocked the Ranger to the ground and Palmer accidently ran over the Ranger with his truck. Palmer then escaped in his truck and Deputy Sheriffs from the San Juan County Sheriff’s Office apprehended Palmer later that day. In entering his guilty plea, Palmer admitted that his actions constituted a crime because the Ranger was performing his official duties.
According to court records, the BLM Ranger was not seriously injured and did not sustain any permanent impairment as a result of the assault.
Under the terms of the plea agreement, Palmer faces a sentence not to exceed 14 months in prison, a fine not to exceed $10,000, obtain an ignition interlock device for two years, and restitution to the BLM Ranger as ordered by the court.
This case was investigated by the BLM with assistance from the San Juan County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney William J. Pflugrath.Albuquerque Man Indicted for Federal Hate Crimes for Threats Against BusinesswomanRead the Press Release
ALBUQUERQUE – A federal grand jury returned a two-count indictment against John W. Ng, 58, of Albuquerque, N.M., charging him with hate crime offenses related to anti-Semitic threats he made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen and Bakery in Albuquerque.
Ng was arrested by the FBI on March 7, 2014, based on a criminal complaint alleging that he interfered with the victim’s federally protected rights by threatening the victim and interfering with her business because of her religion and because she owned a Jewish restaurant. According to the indictment, on Jan. 22, 2014, and Feb. 8, 2014, Ng allegedly posted threatening, anti-Semitic notes on the door of the victim’s business. One of the notes allegedly read, "TO: The [racial slur] who should die." Another allegedly read, "FROM: The one you scarred for life scumbags[;] TO: The [racial slur] who will die like rats."
Ng was arrested by the FBI on March 7, 2014. He remains in federal custody pending completion of a psychiatric competency and dangerousness examination.An indictment merely establishes probable cause, and Ng is presumed innocent unless proven guilty. Each count carries a maximum statutory penalty of one year in prison.
This matter was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney Angie Cha of the U.S. Department of Justice’s Civil.
Albuquerque Man Indicted for Federal Hate Crimes for Threats Against BusinesswomanRead the Press Release
ALBUQUERQUE – A federal grand jury returned a two-count indictment against John W. Ng, 58, of Albuquerque, N.M., charging him with hate crime offenses related to anti-Semitic threats he made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen and Bakery in Albuquerque.
Ng was arrested by the FBI on March 7, 2014, based on a criminal complaint alleging that he interfered with the victim’s federally protected rights by threatening the victim and interfering with her business because of her religion and because she owned a Jewish restaurant. According to the indictment, on Jan. 22, 2014, and Feb. 8, 2014, Ng allegedly posted threatening, anti-Semitic notes on the door of the victim’s business. One of the notes allegedly read, "TO: The [racial slur] who should die." Another allegedly read, "FROM: The one you scarred for life scumbags[;] TO: The [racial slur] who will die like rats."
Ng was arrested by the FBI on March 7, 2014. He remains in federal custody pending completion of a psychiatric competency and dangerousness examination.An indictment merely establishes probable cause, and Ng is presumed innocent unless proven guilty. Each count carries a maximum statutory penalty of one year in prison.
This matter was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney Angie Cha of the U.S. Department of Justice’s Civil.
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Ng Indictment
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Shiprock Man Pleads Guilty to Federal Second Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Alvert Miller, 39, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a second degree murder charge. Under the terms of his plea agreement, Miller will be sentenced to 72 months in federal followed by a term of supervised release to be determined by the court.
Miller was arrested on May 1, 2013, based on a criminal complaint charging him with involuntary manslaughter for killing a 53-year-old Navajo man and driving under the influence of intoxicating liquor on April 27, 2013. Miller subsequently was indicted on May 29, 2013, and charged with second degree murder.According to court filings, on April 27, 2013, Miller was intoxicated when he lost control of the truck he was driving, causing a rollover collision on U.S. Highway 491 near Littlewater, N.M., which is located within the Navajo Indian Reservation. When the truck rolled over, the initial impact was on the passenger side of the vehicle, causing the victim, who was a passenger in Miller’s truck, to be ejected. The victim died upon impact as a result of blunt force trauma to the face and head. On April 29, 2013, during an interview with a tribal police investigator, Miller admitted that the rollover occurred because he was driving while intoxicated and fell asleep at the wheel.
During today’s plea hearing, Miller pleaded guilty to the indictment charging him with second degree murder and admitted killing the victim while driving under the influence of alcohol. In his plea agreement, Miller acknowledged that he knew based on his prior convictions for driving under the influence of alcohol that his conduct imperiled the lives of others.
Miller has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.
Mitten Rock, N.M., Woman Pleads Guilty to Federal Involuntary Manslaugher ChargeRead the Press Release
ALBUQUERQUE – Patricia Benally, 36, an enrolled member of the Navajo Nation who resides in Mitten Rock, N.M., pleaded guilty this morning to an indictment charging her with involuntary manslaughter under a plea agreement with the U.S. Attorney’s Office.
Benally was arrested on Feb. 5, 2014, on a criminal complaint charging her with involuntary manslaughter of a four-year-old Navajo child on the Navajo Indian Reservation. Benally was charged by indictment for involuntary manslaughter on Feb. 26, 2014.
According to court filings, Benally was intoxicated when the vehicle she was driving was involved in a rollover collision near mile marker 72 on U.S. Highway 491 south of Shiprock, N.M. The victim was one of five passengers, four of whom were young children, in Benally’s vehicle at the time of the collision. Benally’s blood alcohol content was .237 shortly after the collision.
During today’s plea hearing, Benally admitted killing the victim while driving under the influence of alcohol. According to the plea agreement, Benally was driving intoxicated at a high rate of speed when she fell to sleep and lost control of the vehicle, causing it to roll over and crash. The victim was killed as a result of the crash.
Benally has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Benally faces a statutory maximum penalty of eight years in federal prison.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Deming Man Pleads Guilty to Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – Crispin Fierro, 32, of Deming, N.M., pleaded guilty yesterday afternoon in Las Cruces federal court to a marijuana trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Fierro initially was charged based on a criminal complaint alleging that he possessed 456 kilograms (1004.5 pounds) of marijuana with intent to distribute in Luna County, N.M., on March 4, 2013. Fierro subsequently was indicted on that same charge.
During yesterday’s proceedings, Fierro pleaded guilty to the indictment and admitted that on March 4, 2013, he possessed approximately 456 gross kilograms of marijuana which he intended to deliver to another person. In his plea agreement, Fierro acknowledged that he was the driver and sole occupant of a flatbed truck in which he was transporting the marijuana. Fierro further admitted that the marijuana was found by U.S. Border Patrol agents when they pulled him over on New Mexico State Highway 9 in Luna County.
Fierro has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Fierro faces a federal prison sentence of not less than five years and not more than 40 years.
This case was investigated by the Deming office of Homeland Security Investigations and the Deming Station, El Paso Sector of the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley of the U.S. Attorney’s Las Cruces Branch Office.Albuquerque Man Sentenced to Federal Prison for Robbing Western Commerce Bank in September 2013Read the Press Release
ALBUQUERQUE – Solas Jansen, 36, of Albuquerque, N.M., was sentenced today to 33 months in federal prison for his bank robbery conviction. Jansen will be on supervised release for three years after completing his prison sentence.
Jansen was arrested on Sept. 29, 2013, based on a criminal complaint alleging that he robbed the Western Commerce Bank branch located at 1910 Wyoming Blvd. NE in Albuquerque on Sept. 24, 2013. Jansen subsequently was charged with bank robbery in an indictment filed on Oct. 9, 2013.
On Dec. 17, 2013, Jansen entered a guilty plea to the indictment. Jansen admitted robbing the bank by presenting a demand note to a bank teller and taking money from the teller on Sept. 24, 2013. Jansen acknowledged that the demand note may have put the bank teller in fear of harm.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Albuquerque Man Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Joshua Iben, 21, of Albuquerque, N.M., pleaded guilty this morning to federal child pornography charges. The guilty plea was entered without the benefit of a plea agreement.
Iben was arrested on Nov. 21, 2013, based on an FBI investigation that began in July 2013 and revealed that an IP address subscribed to Iben’s residential address was being used to share child pornography images. According to the criminal complaint, on Nov. 20, 2013, FBI agents executed a federal search warrant at Iben’s residence and seized computers and computer-related media. While the search warrant was being executed, Iben participated in a voluntary, recorded interview during which he admitted began sharing child pornography images years ago and last received or sent such images by email the week before. A subsequent forensic examination of a laptop computer taken from Iben’s residence revealed that it contains images consistent with child pornography.On Dec. 17, 2013, Iben was indicted and charged with two counts of receipt of child pornography; two counts of distribution of child pornography; and one count of possession of child pornography. The indictment alleged that Iben received child pornography on two occasions on April 29, 2013, and distributed child pornography on two occasions on Sept. 20, 2013. It also alleged that Iben possessed child pornography on Nov. 20, 2013, and that Iben committed all five offenses in Bernalillo County, N.M.
Today Iben entered guilty pleas to all five counts of the indictment.
Iben has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Iben faces a federal prison term of not less than five years and not more than 20 years. Iben also will be required to register as a sex offender.
This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory. It is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.Shiprock Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Dexter Dez, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to an indictment charging him with two assault offenses. Dez entered his guilty plea without the benefit of any plea agreement.
Dez was arrested on July 11, 2013, on a criminal complaint alleging that he assaulted a non-Indian man on May 17, 2013, at a residence in Two Gray Hills, N.M., which is within the Navajo Indian Reservation. Dez subsequently was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.
According to court filings, on the night of May 17, 2013, an intoxicated Dez entered the victim’s residence and punched him in the left eye with a box cutter. Dez then fled from the residence. The victim’s eyelids were severed as a result of the assault. The victim has had to undergo surgery to repair his eyelids and will require further surgery, including skin grafts.
Dez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Dez faces a maximum penalty of ten years in prison.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Pawan Kumar Jain Arrested on Charges of Unlawfully Dispensing Prescription Drugs and Health Care FraudRead the Press Release
ALBUQUERQUE – A federal grand jury has returned an indictment charging Pawan Kumar Jain, 61, of Las Cruces, N.M., with the unlawful dispensing of opioid pain medication and health care fraud charges, announced by Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
Jain was arrested without incidence earlier today by the DEA and FBI. He is scheduled to make his initial appearance in federal court in Las Cruces at 8:30 a.m. tomorrow.
The 111-count indictment, which was publicly posted following Jain’s arrest, charges Jain with 61 counts of unlawfully dispensing controlled substances and 50 counts of health care fraud. According to the indictment, Jain allegedly committed the offenses charged between April 2009 and June 2010, in Doña Ana County, N.M. At the time, Jain was a licensed physician with a neurology subspecialty who operated a pain management medical practice in Las Cruces. Jain’s medical license was suspended in June 2012 and subsequently revoked in Dec. 2012 by the New Mexico Medical Board.
Each of the 61 dispensing charges alleges that Jain unlawfully dispensed prescription painkillers, primarily Oxycodone and methadone, to patients outside the usual course of medical practice and without a legitimate medical purpose. The maximum statutory penalty for a conviction on each of the 61 dispensing charges is 20 years in prison and a $1,000,000 fine.
The 50 health care fraud charges allege that Jain engaged in a scheme to defraud two health care benefit programs, Medicare and Medicaid, by submitting claims for payment for prescription medications he dispensed to patients outside the usual course of medical practice and without legitimate medical purpose. The maximum statutory penalty for a conviction on each of the health care fraud charges is ten years in prison and a $250,000 fine.
Four counts in the indictment, Counts 1 through 4, expose Jain to enhanced sentencing because the criminal conduct charge allegedly resulted in the deaths of two patients. Counts 1 and 2 of the indictment allege that Jain’s unlawful dispensing of prescription painkillers and fraudulent conduct resulted in the death of a patient identified by the initials “M.E.B.” According to the indictment, Jain dispensed 540 tablets (40 mg) of Oxycodone and 405 tablets (10 mg) of methadone to M.E.B. between April 22, 2009 and Sept. 29, 2009. Counts 3 and 4 allege that Jain’s unlawful dispensing of prescription painkillers and fraudulent conduct resulted in the death of a patient identified by the initials “N.D.”
The statutory penalty for a conviction on each of Counts 1 and 3, which allege the unlawful dispensing of a controlled substance resulting in death, is a mandatory minimum 20 years in prison and a maximum of life in prison. The statutory penalty for a conviction on each of Counts 2 and 4, which allege health care fraud resulting in death, is life imprisonment.
In announcing the indictment, DEA Special Agent in Charge Joseph M. Arabit said, “The diversion and abuse of prescription opioids, such as hydrocodone and oxycodone, threatens the health and safety of our communities and remains a serious concern for law enforcement. It is particularly concerning when a doctor, who is entrusted with the care and well-being of his patients, contributes to this problem by prescribing addictive pain killers in an unprofessional manner absent a legitimate medical purpose. By engaging in this illegal and irresponsible behavior, a medical practitioner violates the trust of those he has a duty to serve, and, most sadly, his actions can result in their death.”
“Health care fraud and unlawfully dispensing prescription drugs cost consumers, taxpayers and insurance companies billions of dollars,” said FBI Special Agent in Charge Carol K.O. Lee. “Sometimes, as this case alleges, these crimes can even kill. The FBI is proud to work alongside the Drug Enforcement Administration and the U.S. Attorney's Office to make sure physicians who attempt to defraud the government, sometimes with fatal results, are held accountable.”
This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy. The case is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.
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Jain Indictment
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Kewa Pueblo Man Sentenced to Twelve Years in Federal Prison for Second Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Dennis J. Lovato, 29, a member and resident of Kewa Pueblo, was sentenced to 12 years in federal prison followed by five years of supervised release for his second degree murder conviction. Lovato also was ordered to pay $1600.00 in restitution.
Lovato was arrested on April 20, 2011, on a criminal complaint charging him with beating another Kewa Pueblo man to death outside the victim’s residence on April 15, 2011. He subsequently was indicted and charged with second degree murder. Lovato has been in federal custody since his arrest.
On Oct. 24, 2013, Lovato entered a guilty plea to the indictment and admitted killing the victim on April 15, 2011, by beating him to death with his hands and feet. Lovato admitted that he acted with malice aforethought as he beat the victim to death. According to court filings, a preliminary autopsy report indicated that the victim died as a result of multiple blunt force trauma.
This case was investigated by the Santa Fe office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Programs and was prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin.Former Las Cruces Detective Pleads Guilty to Sexually Assaulting Police Department InternRead the Press Release
ALBUQUERQUE – Michael Garcia, a former detective with the Las Cruces Police Department (LCPD) in Las Cruces, N.M., who focused on child abuse and sex crimes investigations, pleaded guilty today in federal court to a one count information charging Garcia with violating the civil rights of an LCPD student intern when he sexually abused her while on duty.
According to court documents, as a detective, Garcia worked with students who participated in Las Cruces High School’s Excel program, through which students interned at the LCPD. On or about May 4, 2011, Garcia took the victim on a ride-along in his department-issued vehicle to visit a crime scene. Afterward, instead of driving the victim directly back to the police department so that she could retrieve her belongings and go home, Garcia drove her to a secluded location where he sexually assaulted her.
As part of the plea agreement, Garcia acknowledged that he knew that his actions were against the law and that the victim did not consent to his behavior.“The defendant exploited his position as a sex crimes detective in a most deplorable way,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The Civil Rights Division will continue to vigorously prosecute law enforcement officers who use their authority to engage in sexual abuse. We commend the victim for having the courage to come forward, and we are thankful for law enforcement officers in this case, as well as the vast majority of others, who support and help victims of crime.”
In addition to a nine-year prison sentence, the terms of the plea agreement require Garcia to forfeit his law enforcement certification and comply with federal and state sex offender registration requirements. A sentencing hearing has not yet been set.
This case was investigated by the Las Cruces Resident Agency of Albuquerque Division of the FBI and the LCPD and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin for the District of New Mexico and Trial Attorney Fara Gold of the Justice Department’s Civil Rights Division.
Zia Pueblo Man Sentenced for Federal Arson ConvictionRead the Press Release
ALBUQUERQUE – Lawrence Shije, 35, a member and resident of Zia Pueblo, was sentenced this morning to a year and a day in federal prison for his arson conviction. Shije will be on supervised release for three years after completing his prison sentence.
Shije was indicted on Oct. 30, 2013, and charged with setting fire to and burning a dwelling located on Zia Pueblo on June 30, 2012. On Jan. 13, 2014, Shije entered a guilty plea to the indictment and admitted maliciously setting fire to and burning a small area of a residence located on Zia Pueblo. In his plea agreement, Shije acknowledged that the owner of the residence is the mother of his two children, and that she and the children were in the residence when he started the fire. The fire burned a small area of the residence’s external wall (a patch of about 12 inches by 12 inches in size) before it was extinguished.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Special Assistant U.S. Attorney David Adams.
The case was prosecuted pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Statement from the Department of Justice CondemingRead the Press Release
ALBUQUERQUE – Last week the Department of Justice announced findings that the Albuquerque Police Department has systemic failures that have led to a pattern or practice of unconstitutional use of force, including deadly force. Although these problems are serious and run deep, we have the commitment of the City to work together to bring about meaningful reform within the Albuquerque Police Department.
THREATS OF VIOLENCE AGAINST POLICE OFFICERSWe have learned that fliers advocating violence against police officers are being disseminated in Albuquerque. The Justice Department condemns threats of violence against police officers, and encourages all sectors of the community to participate in the critical dialogue that will bring about the reform that will promote constitutional policing and will rebuild the community’s trust in its Police Department. The path to reform is through dialogue among the City, the Police and the many communities that make-up Albuquerque, and the negotiation and implementation of a court-enforceable agreement.
Individuals who wish to have input into developing the reforms or who have information relevant to the Justice Department’s investigation into the use of force by the Albuquerque Police Department are encouraged to contact us by email at [email protected] or by calling our toll free number, (855) 544-5134, which is available for both English and Spanish speakers.
Navajo Man Sentenced to Federal Prison for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Ronald Martinez, 39, an enrolled member of the Navajo Nation who resides in Borrego Pass, N.M., was sentenced this morning to 42 months in federal prison followed by five years of supervised release for his child sexual abuse conviction. Martinez will be required to register as a sex offender after he completes his prison sentence.
Martinez was arrested in April 2013, on an indictment charging him with two counts of aggravated sexual abuse and two counts of abusive sexual contact. According to the indictment, between 1996 and 2002, Martinez aided and abetted sexual contact and abuse with two child victims who had not attained the age of 12 years on the Navajo Indian Reservation.
On Nov. 20, 2013, Martinez pleaded guilty to the two aggravated child sexual abuse charges. According to Martinez’s plea agreement, in Sept. 2011, a 17-year-old victim reported being sexually abused by Martinez when she was five or six years old. The victim further reported that Martinez also abused another child during that same period in time. Martinez admitted abusing the two victims by directing a third child to sexually abuse and to sexually assault the two victims. Martinez also admitted threatening the two victims so that they would not reveal the abuse. Martinez admitted that the child who abused the two victims did so after being threatened by Martinez.
This case was investigated by the Gallup office of the FBI. It was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Three Shiprock Residents Sentenced to Federal Prison for Sexually Abusing a Navajo ChildRead the Press Release
ALBUQUERQUE – Three residents of Shiprock, N.M., were sentenced in federal court on Friday, April 11, 2014, for their convictions on child sexual abuse charges. Herbert Ben, Sr., 63, a member of the Navajo Nation, and Bruce Hamilton, 77, a non-Indian, each was sentenced to 48 months in prison, while Rosabelle Ben, 58, a member of the Jicarilla Apache Nation, was sentenced to 40 months in federal prison. Each will be on supervised release for five years and be required to register as a sex offender after completing his or her prison sentence.
The three defendants were arrested in May 2012, based on a criminal complaint alleging child sex abuse offenses. They subsequently were indicted and charged with sexual abuse of a child between the age of 12 and 16 years, and aiding and abetting the sexual abuse of a child, at a location within the Navajo Indian Reservation.
Herbert Ben, Sr., pled guilty on July 31, 2013, to sexual abuse of a minor and admitted sexually abusing the victim on a day between Aug. 2010 and Dec. 2011. On Aug. 19, 2013, Hamilton pled guilty to sexual abuse of a minor and admitted sexually abusing a Navajo child between the age of 12 and 15 years on a date between Aug. 2010 and Dec. 2011. Rosabelle Ben entered a guilty plea on Oct. 29, 2014, to being an accessory to sexual abuse of a minor and admitted making the victim available to Hamilton who sexually abused the victim.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. It was prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and Novaline D. Wilson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.