District of New Mexico
Press releases recorded for this federal judicial district.
Mescalero Apache Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Snyder Geronimo III, 23, a member of the Mescalero Apache Nation, pleaded this afternoon to sexual abuse of a minor in federal court in Las Cruces, N.M. Geronimo entered his guilty plea without the benefit of a plea agreement.
Geronimo was arrested in early April 2013, based on a criminal complaint alleging that he knowingly engaged in a sexual act with a child between 12 and 16 years of age. Geronimo subsequently was indicted and charged with sexually abusing of a minor from July 2012 through Oct. 22, 2012, in locations within the Mescalero Apache Reservation.
According to court filings, the BIA’s Office of Justice Services initiated an investigation into Geronimo on Oct. 23, 2012, after a motorist reported seeing an intoxicated 13-year old female (victim) in the company of an adult man. During questioning by officers, the victim admitted having engaged in sexual activity with Geronimo on multiple occasions. On Jan. 30, 2012, Geronimo was arrested on tribal charges arising out of his relationship with the victim. During questioning, Geronimo acknowledged having had a sexual relationship with the victim since July 2012. Geronimo also stated that he had been told that the victim was 13 or 14 years old.
Today Geronimo pled guilty to the indictment and admitted that he knowingly engaged in sexual acts with the victim, who was 13 years of age, from July 2012 through Oct. 2012. Geronimo also admitted that his criminal conduct occurred on the Mescalero Apache Reservation.
Geronimo has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, he faces a maximum penalty of 15 years in federal prison followed by a term of supervised release to be determined by the court.
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 Albuquerque Man Guilty on Production of Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Late this afternoon a federal jury returned a verdict finding Antonio Gutierrez, 44, of Albuquerque, N.M., guilty on three production of child pornography charges after a five-day trial. The announcement was made by Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division and Albuquerque Police Chief Allen Banks.
In announcing the jury’s verdict, Acting U.S. Attorney Steven C. Yarbrough said, “The jury’s verdict clearly demonstrates that this community will not tolerate predatory acts like the ones carried out by Antonio Gutierrez. Rather than provide the trusting, protective environment the child living in his home deserved, Mr. Gutierrez instead sexually exploited her. He must now face the full consequences of the law for his actions.”
Gutierrez was arrested in Aug. 2012, based on a criminal complaint alleging that he induced a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Gutierrez subsequently was charged with three counts of production of child pornography in a superseding indictment alleging that he committed the offenses between Aug. 2011 and Nov. 2011 in Bernalillo County, N.M.
Trial against Gutierrez began on Jan. 21, 2014, where the victim testified that in May 2011, Gutierrez gave her a cellphone on her 16th birthday and told her that he would pay for the first month of service. In June 2011, Gutierrez told the victim that he would pay the cellphone service bill if she repaid him with nude photographs of herself. The victim used her cellphone to take two photographs of her without clothes and sent the images to Gutierrez’s cellphone.
The victim testified that this began a monthly cycle of Gutierrez refusing to pay for her cellphone service unless she provided nude photographs of herself. With each passing month, Gutierrez escalated the nature and extent of the sexual conduct in which the victim was required to engage when photographed. For example, On Aug. 1, 2011, Gutierrez demanded to be in the photographs and took photographs as he posed nude next to and on top of the nude victim. On Aug. 2, 2011, Gutierrez positioned the victim in sexually explicit poses before taking photographs of her. And on Sept. 26, 2011, Gutierrez took photographs after positioning his genitals against the victim’s genitals.
In Nov. 2011, after the victim reported Gutierrez’s unlawful conduct to the Albuquerque Police Department, officers executed a search warrant at Gutierrez’s residence and seized computers, computer-related media and cellphones. A subsequent forensic examination of Gutierrez’s personal computer revealed many sexually explicit photographs, including sexually explicit photographs of the victim taken by Gutierrez.
Gutierrez took the stand in his own defense and denied that he produced any child pornography as alleged in the superseding indictment. Gutierrez also claimed that he did not know how the child pornography ended up on his computer. The jury deliberated approximately three hours before returning a verdict of guilty on each of the three counts of the superseding indictment.
Gutierrez is in custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Gutierrez faces a mandatory 15 and a maximum of 30 years in federal prison followed by a term of supervised release to be determined by the court.
FBI Special Agent in Charge Carol K.O. Lee stated, “Few crimes that the FBI investigates are as heartbreaking as the production of child pornography. We hope this verdict sends a clear signal to anyone who would endanger our children's innocence by committing this crime: we are looking for you, we will find you, and we will make sure you are prosecuted to the fullest extent of the law. I thank the FBI Special Agents and New Mexico Regional Computer Forensics Lab staff who worked so diligently on this case, along with the Albuquerque Police Department.”
This case was investigated by the Albuquerque office of the FBI, the Albuquerque Police Department and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorneys Jennifer M. Rozzoni and Marisa A. Lizarraga are prosecuting the case 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 75 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.
Forty Individuals Facing Drug Trafficking and Firearms Charges as the Result of a Multi-Agency Investigation in Southeastern New MexicoRead the Press Release
ALBUQUERQUE – Thirty-nine individuals residing in Eddy, Chaves and Lincoln Counties, N.M., and one from west Texas are facing drug trafficking and firearms charges as the result of a multi-agency investigation targeting drug traffickers in southeastern New Mexico. The investigation culminated this morning when 27 of the defendants were arrested during an early morning law enforcement operation led by the DEA and the HIDTA Region VI Pecos Valley Drug Task Force. Another 13 of the defendants were arrested during the course of the investigation.
The results of the investigation were announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Division, Eddy County Sheriff Scott M. London, Carlsbad Police Chief Kent Waller, and Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force.
The charges against the 40 defendants are the result of a year-long investigation that initially targeted a methamphetamine trafficking organization allegedly led by Israel Mireles-Rivera that distributed quantities of methamphetamine throughout southeastern New Mexico and then expanded to include other drug trafficking activity in the area. 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.
In announcing the results of the investigation, Acting U.S. Attorney Steven C. Yarbrough said, “This investigation was a coordinated effort to crackdown on drug trafficking in southeastern New Mexico. It is part of our statewide fight against illegal drugs and the cycle of violence that goes hand in hand with drug trafficking. Those who choose to engage in drug trafficking should be on notice that federal, state, and local law enforcement are committed to working together to put you out of business and into a prison cell.”
Fifth Judicial District Attorney Janetta B. Hicks added, “This investigation has significantly impacted the distribution network for methamphetamine and other controlled and dangerous drugs in Southeastern New Mexico. The cooperation between and commitment of the federal, state and local agencies has been extraordinary. The collaboration between the United States Attorney’s Office and the 5th Judicial District Attorney’s Office has been extremely close, focusing upon the jurisdiction, whether state or federal, where those charged can best be tried.
These cooperative efforts will continue beyond this investigation. The goal is to work toward the eradication of any viable network of distribution of methamphetamine and other drugs within Eddy County and the entire 5th Judicial District. Methamphetamine destroys lives and leads to serious violent offenses. We will continue to work together toward the final goal. I have nothing but the highest praise for all of the agencies and individuals participating in today’s operation. These men and women have gone above and beyond the call of duty in order to ensure Eddy County is a safe place to live, work and raise families. My deepest appreciation goes out to them.”
During the course of the investigation and today’s law enforcement operation, officers seized more than five pounds of methamphetamine, approximately $53,400 and 24 firearms, including evidence seized during the arrests of Mireles-Rivera and Rodrigo Ivan Cazares in Oct. 2013.
Mireles-Rivera, 32, a Mexican national illegally in the United States, was arrested in Carlsbad, N.M., on Oct. 17, 2013, based on a criminal complaint alleging methamphetamine trafficking and firearms charges. At the time of his arrest, Mireles-Rivera allegedly was in possession of two firearms, and officers seized approximately 230 grams of methamphetamine, more than $8,000.00 and five additional firearms when they executed a search warrant at his residence.
Rodrigo Ivan Cazares, 32, a resident alien from Mexico, was arrested in Artesia on Oct. 15, 2013, based on a criminal complaint after he allegedly attempted to sell 2.8 kilograms of methamphetamine to an officer who was acting in an undercover capacity.
“Methamphetamine destroys the lives of its abusers and has far-reaching negative effects in the areas where it takes hold,” said Special Agent in Charge Joseph M. Arabit of DEA’s El Paso Division. “By targeting local distribution networks in southeastern New Mexico, DEA and our state and local law enforcement partners are working to reduce overall crime and improve the quality of life for area residents. The numerous arrests and seizures in this investigation are the result of our close cooperation and part of our ongoing efforts to ensure that drug traffickers are held responsible for the harm they cause.”
“This operation is the culmination of an extraordinary cooperative effort involving federal, state and local law enforcement entities,” said Eddy County Sheriff Scott M. London. “I am proud that the Eddy County Sheriff's Office was able to play a major role in this operation and I applaud all the men and women from every other agency involved. We are and will continue to be committed to the safety and security of Eddy County.”
Carlsbad Police Chief Kent Waller said, “This investigation not only addresses illegal drug activity in Carlsbad, New Mexico but how drug organization affect our way of life throughout the United States. This multi-jurisdictional operation demonstrates how our law enforcement agencies work hand-in-hand to protect our families against illegal drugs. The efforts of our officers and agents today will affect our quality of life in Carlsbad, New Mexico for some time. Thankfully, they all went home safe tonight, and will be back on the streets tomorrow working to keep us safe.”
These cases are the result of an investigation by the DEA OCDETF Strike Force in Las Cruces and the HIDTA Region VI Pecos Valley Drug Task Force. Assistant U.S. Attorneys Renee L. Camacho and Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases, and Chief Deputy District Attorney Davis R. Ruark and his Assistant District Attorneys are prosecuting the state cases. The following agencies participated in today’s law enforcement operation: the El Paso Division of the DEA, FBI, U.S. Border Patrol, U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, BIA’s Office of Justice Services, New Mexico State Police, Artesia Police Department, Carlsbad Police Department, Chaves County Metro Narcotics Task Force, Chaves County Sheriff’s Office, Eddy County Sheriff’s Office, Eddy County Detention Center, Lea County Drug Task Force, Lincoln County Sheriff’s Office, Loving Police Department and Roswell Police Department.
The HIDTA Region VI Task Force is comprised of officers and investigators from the Artesia Police Department, Carlsbad Police Department, Eddy County Sheriff’s Office, FBI, HSI, the Probation and Parole Division of the New Mexico Corrections Department and the 5th Judicial District Attorney’s Office. 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.
Defendants Charged in Federal Cases
Juan Antonio Alvarez-Ramirez, 35, a resident alien from Mexico residing in Artesia, N.M., was indicted on marijuana trafficking and firearms charges. If convicted, he faces a maximum penalty of five years in prison on the marijuana charges and a mandatory minimum of five years in prison on one of the firearms charges. Alvarez-Ramirez was arrested on Jan. 23, 2014.
Rodrigo Ivan Cazares, 32, a resident alien from Mexico residing in Artesia, N.M., was indicted on methamphetamine trafficking charges. If convicted, he faces a mandatory minimum of ten years to a maximum of life in prison. Cazares was arrested on Oct. 17, 2013 on a criminal complaint and is detained pending trial.
Mickah Chavez, 19, of Artesia, N.M., was indicted on methamphetamine trafficking charges. If convicted, he faces a maximum of 20 years in prison. Chavez was arrested on Jan. 23, 2014.
Gabriel Gonzales, 25, of Roswell, N.M., was indicted on methamphetamine trafficking and firearms charges. If convicted, he faces a maximum penalty of 20 years in prison on the methamphetamine charge and a mandatory minimum of five years in prison on one of the firearms charges. Gonzales is in state custody on unrelated charges and will be transferred to federal custody.
Ediberto Guzman, 60 of Carlsbad, N.M., was indicted on a methamphetamine trafficking charge. If convicted, he faces a mandatory minimum of ten years to life in prison. Guzman was arrested today.
Ronnie Joe Lopez, 29, of Odessa, Tex., is charged with marijuana trafficking and firearms charges. If convicted, he faces a maximum penalty of five years in prison on the marijuana charges and a mandatory minimum of five years in prison on one of the firearms charges. Lopez was arrested today.
Israel Mireles-Rivera, 32, a Mexican national illegally in the United States and residing in Hagerman, N.M., was indicted on methamphetamine trafficking and firearms charges. If convicted, he faces a mandatory minimum of ten years to life in prison on the methamphetamine trafficking charges and a maximum of ten years in prison on the firearms charge. Mireles-Rivera was arrested on Oct. 17, 2013 on a criminal complaint and is detained pending trial.
Michael Ortiz, 44, of Carlsbad, N.M., was indicted on a methamphetamine trafficking charge. If convicted, he faces a mandatory minimum of ten years to a maximum of life in prison. Rodriguez was arrested on Jan. 23, 2014.
Sandra Rodriguez, 36, of Roswell, N.M., was indicted on a methamphetamine trafficking charge. If convicted, she faces a mandatory minimum of ten years to a maximum of life in prison. Rodriguez was arrested today.
Felipe Salamanca, 42, of Artesia, N.M., is charged with unlawful possession of firearms in a criminal complaint. If convicted, he faces a maximum penalty of ten years in prison. Salamanca was arrested today.
Dominic Sedillo, 22, of Roswell, N.M., was indicted on methamphetamine charges. If convicted, he faces a mandatory minimum of five years to a maximum of 40 years in prison. Sedillo was arrested today.
Defendants Charged in State Cases
The following defendants, who have been arrested, are charged in criminal complaints filed in the 5th Judicial District Court for the State of New Mexico:
Patrick Acevedo, 20, of Carlsbad, N.M.
Albert Armijo, 21, of Carlsbad, N.M.
Karen Bucy, 54, of Carlsbad, N.M.
Odilon Campana-Campos, 46, of Ruidoso, N.M.
Cliff Davis, 27, of Carlsbad, N.M.
Dusty Davis, 25, of Artesia, N.M.
Marlene Davis, 45, of Loving, N.M.
Brian Devine, 19, of Carlsbad, N.M.
Marcos Franco, 45, of Carlsbad, N.M.
Joselyn Garcia, 28, of Carlsbad, N.M.
Jose Grado, 31, of Artesia, N.M.
Debra K. Harris, 48, of Carlsbad, N.M.
Kyle Henry, 20, of Artesia, N.M.
Lorinda Hernandez, 49, of Carlsbad, N.M.
Christina Martinez, 26, of Carlsbad, N.M.
Reynaldo Martinez, 26, of Carlsbad, N.M.
Dillon McLaughlin, 30, of Artesia, N.M.
Adan R. Molinar, 36, of Carlsbad, N.M.
Chris Montes, 35, of Artesia, N.M.
Jared Moore, 32, of Carlsbad, N.M.
Jeremy A. Morgan, 24, of Carlsbad, N.M.
George Munoz, 18, of Carlsbad, N.M.
Gonzalo Rodriguez, 20, of Artesia, N.M.
Jesus Sanchez, 26, of Carlsbad, N.M.
Rhonda Snowden, 49, of Artesia, N.M.
Anna Sola, 42, of Carlsbad, N.M.
Josephine Tatum, 37, of Carlsbad, N.M.
Joe Tiller, 51, of Carlsbad, N.M.
Dendall Whiteman, 25, of Artesia, N.M.Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Armed Career Criminal from Corrales Sentenced to Fifteen Years in Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Walter Lee Deiter, 55, of Corrales, N.M., was sentenced this morning to 15 years in federal prison followed by five years of supervised release for being a felon in possession of a firearm, announced Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Allen Banks of the Albuquerque Police Department.
Acting U.S. Attorney Steven C. Yarbrough said that Deiter was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence 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.
“Firearms in the hands of convicted felons are a serious threat to public safety. A big thanks to the law enforcement community and the U.S. Attorney’s Office for making our communities safer and putting Walter Deiter where he belongs,” Said 2nd Judicial District Attorney Kari E. Brandenburg.
Deiter was indicted in March 2010, and charged with unlawfully possessing a firearm and ammunition on Nov. 12, 2009, in Bernalillo County, N.M. At the time, Deiter was prohibited from possessing firearms or ammunition because he previously had been convicted of 13 felony offenses, including burglary, grand theft, drug trafficking and bank robbery offenses in Florida; a drug trafficking offense in Oklahoma; and being a felon in possession of a firearm in federal court in New Mexico. Deiter was on supervised release after having served a 46-month prison sentence for his first federal conviction when he was arrested in this case.
A federal jury convicted Deiter in Aug. 2012, after a four-day trial. According to the evidence at trial, when Albuquerque Police Department officers responded to a domestic violence call to 911 made by Deiter’s wife shortly after midnight on Nov. 12, 2009, they observed a man, later identified as Deiter, and a woman standing outside in the cold. When Deiter and the woman saw the officers approaching, they separated and began walking in opposite directions. Although the officers attempted to speak to Deiter, he continued to walk away from them. Moments later, an officer observed Deiter, who was standing on the second floor balcony of a nearby apartment complex, bend down and place something on the balcony floor. Deiter then complied with the officers’ orders to come down from the balcony. When an officer started towards the apartment complex to check the balcony, Deiter became visibly nervous and bolted away from the officers. After Deiter was apprehended, an officer went up to the balcony and found a revolver in a holster on the balcony floor. Deiter’s DNA subsequently was found on both the revolver and the holster.
Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives said, “Today’s sentencing of Deiter should serve as a harsh reminder to habitual criminals that gun crime will equal hard time. ATF will not tolerate the illegal possession of firearms by prohibited persons. I want to commend Acting U.S. Attorney Steven Yarbrough and Chief Allen Banks of the Albuquerque Police Department for their partnership and support.”
“The Albuquerque Police Department would like to thank the U.S. Attorney and his dedicated staff for the successful prosecution of this career criminal,” said Chief Allen Banks of the Albuquerque Police Department. “Today’s sentencing sends a clear message to habitual criminals that local law enforcement is working closely with federal prosecutors will find a way to hold them accountable for their crimes in our community. The sentence handed down today is also a victory for victims of domestic violence everywhere, showing that their aggressors will face significant jail time when they commit their crime while being a prohibited possessor of a firearm.”
The 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. Attorneys Lynn W.Y. Wang and Kimberly A. Brawley.
Iyanbito, N.M., Woman Sentenced to Prison for Involuntary Manslaughter Conviction Involving the Death of a ChildRead the Press Release
ALBUQUERQUE – Sherie Rena Pete, 24, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., was sentenced this morning to a year and a day in federal prison followed by three years of supervised release for her involuntary manslaughter conviction.
Pete was arrested on May 14, 2013, on a criminal complaint charging her with involuntary manslaughter based on a single motor vehicle crash on May 5, 2013, in Iyanbito, which is located on the Navajo Indian Reservation that resulted in the death of a three-year old child. Two other individuals were injured as a result of the crash.
On Aug. 7, 2013, Pete pled guilty to involuntary manslaughter and admitted killing the victim while driving under the influence of alcohol. Pete admitted that she had been drinking alcohol before driving her vehicle off the roadway, overcorrecting, and flipping the vehicle one and a half times.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Former Executive Director of Albuquerque-Based Halfway House Sentenced to Two Years in Federal Prison for Conviction on Embezzlement and Tax ChargesRead the Press Release
ALBUQUERQUE – Robin Cash, 56, of Albuquerque, N.M., was sentenced this morning to 24 months in federal prison followed by three years of supervised release for her conviction on embezzlement and tax charges. Cash also was ordered to pay $202,775 in restitution to the victim of her criminal conduct and $66,575 in tax loss for years 2008 to 2010 to be paid directly to the IRS. Cash’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Cash was charged in a seven-count indictment with four counts of theft concerning programs receiving federal funds, and three counts of willful failure to file a tax return. At the time of the offenses charged in the indictment, Cash was employed as the Executive Director of the La Pasada Halfway House (La Pasada), a residential center in Albuquerque that provides housing for defendants in the federal criminal justice system, including those awaiting trial and those who are re-entering society after serving a prison sentence. Court filings reflect that the Pretrial Services Office (PTS) of the U.S. District Court for the District of New Mexico contracted with the not-for-profit corporation that operates La Pasada to cover the costs of providing a custodial residential environment for federal defendants. PTS made monthly payments of approximately $60,000 to $80,000 to La Pasada to cover these costs, and La Pasada deposited the funds in its business bank account.
According to court filings, after Cash became Executive Director of La Pasada in April 2008, she was added as a signatory on the halfway house’s business bank account and received a debit card for the account. Between Sept. 2008 and Jan. 2011, Cash made unauthorized debits to La Pasada’s business bank account and used the proceeds for her own benefit and not for La Pasada’s benefit. The unauthorized debits included checks written for services that were never provided to La Pasada; ATM withdrawals at various Albuquerque locations, including casinos; and debit card charges at casinos in Las Vegas, Nev.
In April 2010, Cash opened a checking account and corresponding bank account in the name of La Pasada without authorization. Thereafter and until Feb. 2011, Cash regularly took funds that La Pasada residents were required to pay to defray their housing costs and deposited the funds into the unauthorized account. She then used the funds to pay for personal expenses that did not benefit La Pasada.
On May 15, 2013, Cash entered a guilty plea to all seven counts in the indictment without the benefit of a plea agreement. In entering her guilty plea, Cash admitted that, while acting as an agent of an organization that received at least $10,000 in funds on an annual basis under a federal program, she embezzled funds from the organization and converted those funds for her own use. Cash also admitted that she failed to file federal income returns for calendar years 2008, 2009 and 2010.
The case was investigated by IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Fred J. Federici.Navajo Man from Arizona Sentenced to Forty-Six Months for Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Donovan Eric Williams, 24, an enrolled member of the Navajo Nation who resides in Whippoorwill, Ariz., was sentenced to 46 months in federal prison followed by three years of supervised release for assaulting a federal officer, announced Acting U.S. Attorney Steven C. Yarbrough and Director John Billison of the Navajo Nation Division of Public Safety.
Williams was arrested on April 24, 2013, based on a criminal complaint charging him with assault with a dangerous weapon. According to the complaint, Williams assaulted a Sergeant of the Navajo Nation Division of Public Safety by deliberately veering his vehicle into her police vehicle on March 21, 2013, near Church Rock, N.M. Williams subsequently was indicted and charged with assaulting a federal officer who was engaged in the performance of her official duties because the tribal officer possessed a Special Law Enforcement Commission from the BIA at the time of the assault.
On Oct. 21, 2013, Williams pled guilty to the indictment and admitted intentionally assaulting a federal officer on March 21, 2013. In his plea agreement, Williams acknowledged that, at the time of the assault, he was being pursued by a tribal officer who was attempting to pull his vehicle over and the federal officer was approaching him from the opposite direction. Williams admitted intentionally striking the federal officer’s vehicle even though the officer had pulled her marked police vehicle off to the side of the road to avoid a collision. Williams subsequently learned that the officer was commissioned as a federal law enforcement officer at the time of the assault.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Mentmore, N.M., Woman Sentenced to Sixty-Three Months in Prison for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Bertha Damon, 44, an enrolled member of the Navajo Nation who resides in Mentmore, N.M., was sentenced to 63 months in federal prison followed by three years of supervised release for her voluntary manslaughter conviction.
On Sept. 16, 2013, Damon pleaded guilty to a felony information charging her with killing a man by striking him with a piece of firewood on the Navajo Indian Reservation on May 21, 2011. The guilty plea was entered without the benefit of any plea agreement.
According to court filings, Damon and the victim, her husband of 24 years, returned to their home after a night of drinking and began arguing. During the argument, Damon repeatedly struck the victim in the head with a piece of firewood. The victim died as the result of multiple blunt force traumas to the head.
Damon, who has been on conditions of release since entering her guilty plea, is required to surrender to a federal correctional facility to be designated by the U.S. Bureau of Prison within 60 days.
This case was investigated by the Gallup office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety and the New Mexico State Police. Assistant U.S. Attorney Jacob A. Wishard prosecuted the case.Isleta Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Louie Valdez, 61, pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
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 Isleta Pueblo.
During today’s proceedings, Valdez pled guilty to the first count of the indictment charging him with assault with 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.
Valdez was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Valdez faces a maximum penalty of ten years in prison.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Isleta Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Indiana Man Sentenced to Two Years in Prison and Ten Years of Supervision for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Brian George Campbell, 50, of Fremont, Indiana, was sentenced to 24 months in federal prison followed by ten years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA). Campbell will be required to register as a sex offender when he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that convicted sex offenders register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
In early June 2013, the U.S. Marshal Service arrested Campbell based on a criminal complaint alleging that Campbell had violated SORNA by failing to update his sex offender registration. According to court filings, Campbell was required to comply with SORNA because he has two prior child sex abuse convictions. Campbell was convicted of lewd and lascivious conduct on a child under the age of 16 years in Florida in Nov. 1984, and sentenced to two and a half years in prison. In May 1988, he was convicted of criminal sexual conduct on a child under the age of 13 years in Michigan and 19 years in prison.
In 2011, after his release from prison, Campbell registered as a sex offender in Michigan. In 2012, he moved to Indiana where he registered as a sex offender as required. In March 2013, the State of Indiana issued an arrest warrant for Campbell for failing to update his registration. Indiana state officials subsequently notified the U.S. Marshals Service in New Mexico that Campbell was believed to be in New Mexico.
In May 2013, the U.S. Marshals Service determined that Campbell was living in Albuquerque and working as a security guard. It also determined that Campbell had failed to register with the Bernalillo County Sheriff’s Office as required by SORNA. Campbell was arrested by the U.S. Marshals Service on June 6, 2013, and has been in federal custody since that time.
On Sept. 16, 2013, Campbell pled guilty to an indictment charging him with failure to update his sex offender registration and admitted that he failed to comply with SORNA’s registration requirements when he came to New Mexico in April 2013.
“The United States Marshals Service is widely acclaimed, locally, nationally and internationally, for its efforts to effectively investigate and pursue those that have been charged as sex offenders. It is this effectiveness that is combined with a network of local, county, state, federal and tribal law enforcement community, all unified with a common goal of maintaining continual monitoring of sex offenders in order to prevent predatory and violent acts from occurring,” said U.S. Marshal Conrad E. Candelaria. “This recent sentence that was spearheaded by the United States Attorney’s Office is another example of the zero tolerance pursued against those that would dare to injure or harm a child.”
Acting U.S. Attorney Steven C. Yarbrough commended the U.S. Marshal Service Assistant U.S. Attorney David Adams for their work on this case.
Two Men Ordered to Pay $1000 Fines for Bringing Loaded Firearms into Inspection Area in Albuquerque AirportRead the Press Release
ALBUQUERQUE – Yesterday a United States Magistrate Judge entered orders in two cases that require two men to pay $1000.00 fines and to abandon their firearms for attempting to board airplanes at the Albuquerque International Sunport in Albuquerque, N.M., with loaded firearms in their carry-on luggage.
Matthew T. O’Conner, 51, of Los Angeles, Calif., and Todd A. Bourgeois, 32, of Albuquerque, N.M., each entered into an Agreement and Consent Order in separate cases to resolve alleged criminal and civil violations of federal laws that prohibit individuals from possessing firearms on their persons or accessible property when entering inspection areas in airports or boarding airplanes.
Court filings reflect that on Nov. 14, 2013, O’Connor was issued a criminal misdemeanor citation after Transportation Security Administration (TSA) officers found a Jennings J-22 firearm loaded with six rounds of .22 caliber ammunition in his luggage during the security inspection process. Bourgeois was issued a criminal misdemeanor citation on Dec. 2, 2013, after TSA officers found a Glock-19 firearm loaded with 15 rounds of 9 mm ammunition in his luggage, including a round that was chambered, when inspecting his carry-on luggage. Bourgeois’ firearm was not hidden but instead was packed at the top of an outer pouch of his carry-on luggage. Neither O’Connor nor Bourgeois was prohibited by law from possessing firearms when they were cited.
In separate Agreements and Consent Orders filed today, O’Connor and Bourgeois each admitted violating the civil regulatory prohibition against possessing firearms in airport security inspection areas or while boarding an airplane. Each man agreed to pay a $1000 fine and voluntarily abandon his firearm to resolve the misdemeanor charge and avoid further civil penalties arising from his violation.
“These two cases are part of an ongoing effort to address security challenges at airports in New Mexico as weapon seizures at airports continue to increase,” said Acting U.S. Attorney Steven C. Yarbrough. “Hopefully, cases like this will increase public awareness of federal laws and regulations that prohibit possession of weapons, explosives and incendiary devices at airports and on planes and help ensure safe air travel.”
“TSA officers at Albuquerque International Sunport recovered 17 guns from passengers at security checkpoints in 2012 and 12 guns were detected during screening in 2013,” said TSA Albuquerque Federal Security Director George Andler. “TSA continues to educate travelers on the importance of knowing what they’ve packed, both for their safety and the safety of their fellow travelers.” Director Andler also noted that “simple rules for traveling with firearms can be found on our website (www.tsa.gov), including packing the gun in a secure, locked box in your checked bag and declaring it to your airline at check-in.”
These two cases were investigated by TSA with assistance from the Albuquerque Aviation Police. Assistant U.S. Attorney William J. Pflugrath represented the United States in the judicial proceedings.
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O'Conner Order
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Burgeois Order
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Former Executive Director of Taos County Housing Authority Sentenced to Thirty Months in Prison for Conspiracy to Steal Federal FundsRead the Press Release
ALBUQUERQUE – Earlier today a federal judge sentenced the former executive director of the Taos County Housing Authority (TCHA) and her husband to prison terms for conspiring to steal federal funds. The couple also was ordered jointly to pay $786,014.04 in restitution. Carmella Martinez, 42, of Arroyo Seco, N.M., was sentenced to 30 months in federal prison and her husband Paul G. Martinez, 44, was sentenced to 24 months of imprisonment. Each will serve a two-year term of supervised release when released from custody.
The sentences were announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Phyllis Grissom Robinson, Region 6, U.S. Department of Housing and Urban Development (HUD) Office of Inspector General, and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
Carmella and Paul Martinez were charged in Dec. 2012 in a 49-count federal indictment with conspiracy, theft from programs receiving federal funds, and theft of government property. The indictment alleged that between Nov. 2003 and Dec. 2011, Carmella and Paul Martinez stole federal funds provided by HUD to the TCHA for a housing program that provides affordable housing for low-income Americans. During that time, Carmella Martinez was employed by the TCHA, initially as a Financial Specialist and later as its Executive Director.
HUD is a federal agency with a core mission to make quality, affordable housing accessible to all Americans. It oversees and funds programs designed to provide affordable housing to low-income Americans, including the Housing Choice Voucher Program which is commonly referred to as “Section 8.” Through the Section 8 Program, HUD pays rent subsidies known as “Housing Assistance Payments” (HAP) to approved property owners and landlords on behalf of eligible low-income beneficiaries. The TCHA administers the Section 8 Program on behalf of HUD in Taos County and receives approximately $2.8 million in funds annually from HUD.
According to the indictment, while employed by the TCHA, Carmella Martinez was responsible for processing HAP checks to approved Section 8 property owners and landlords and providing preliminary approval of requests for rent subsidies to property owners and landlords under the Section 8 Program. She abused her position with TCHA by conspiring with her husband to engage in the theft of Section 8 housing funds. Carmella Martinez stole the money by issuing fraudulent HAP checks for Section 8 housing assistance to payees, including to Paul Martinez and to bank accounts held by her and Paul Martinez. Carmella and Paul Martinez then presented the fraudulent checks for payment at various locations.
The couple pled guilty in Aug. 2013, to Count 1 of the indictment charging them with conspiracy to commit theft concerning programs receiving federal funds and to commit theft of government property. In her plea agreement, Carmella Martinez admitted that she began issuing fraudulent, duplicate Section 8 HAP checks for the benefit of herself and her husband in 2000, and that her husband began conspiring with her to steal federal funds from the TCHA in 2003. Carmella Martinez admitted that she and her husband engaged in their unlawful scheme until Dec. 2011, when they learned they were the subjects of a criminal investigation, and that she and her husband stole at least $786,014.04 in federal funds through their unlawful scheme.
In his plea agreement, Paul Martinez admitted that he began conspiring with his wife to steal funds from TCHA, a program that receives federal funds, in 2003, and that their scheme continued until Dec. 2011, when they learned about the criminal investigation that led to the indictment against them.
As required by the plea agreements, the United States moved to dismiss the remaining 48 counts of the indictment after Carmella and Paul Martinez have been sentenced.
Special Agent in Charge Phyllis Grissom Robinson of Region 6 of HUD’s Office of Inspector General said “The sentence imposed against Ms. Martinez and her husband should send a strong message that the United States Department of Housing and Urban Development, Office of Inspector General will aggressively investigate those who fail to exercise integrity in connection with HUD programs, the end result will be both unpleasant and costly to the offending party.”
“For many low-income people in New Mexico, government rent assistance can mean the difference between having a roof over their heads or being homeless. Stealing from these programs is like taking money out of the pockets of those who need it the most,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “The FBI will continue to work with our partners to make sure this kind of crime is aggressively investigated and the guilty parties brought to justice. I thank the FBI Special Agents who worked on this case, along with the U.S. Department of Housing and Urban Development Office of Inspector General and the U.S. Attorney's Office.”
Acting U.S. Attorney Steven C. Yarbrough commended the HUD Office of Inspector General, the Albuquerque Division of the FBI and Assistant U.S. Attorney Shana B. Long for their work on the case.Zia Pueblo Man Pleads Guilty to Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Lawrence Shije, 35, a member and resident of Zia Pueblo, pleaded guilty this morning to a federal arson charge.
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. Today, Shije pled guilty 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 at the time he started the fire.
Under the terms of his plea agreement, Shije will be sentenced to a year and a day in prison followed by a term of supervised release to be determined by the court. Shije remains at a half-way house under pretrial supervision pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being 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.
Santa Clara Pueblo Man Sentenced to Forty-Two Months in Prison for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – James Allen Moquino, 32, a member of Santa Clara Pueblo, N.M., was sentenced this afternoon to 42 months in federal prison followed by three years of supervised release for his assault conviction, announced Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Moquino was arrested on July 5, 2013 based on an indictment charging him with assaulting a woman and causing her serious bodily injury. According to the indictment, Moquino committed the crime on Nov. 21, 2010, in Indian Country within Rio Arriba County.
On Sept. 30, 2013, Moquino entered a guilty plea to the indictment and admitted that he assaulted his intimate partner and the mother of his child by repeatedly striking her in the head and face causing her to suffer serious bodily injury. Moquino further admitted that the assault occurred within Santa Clara Pueblo.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Special Assistant U.S. Attorney David M. 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.
Non-Indian Resident of Pojoaque Pueblo Sentenced to Five Years in Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Johncarlos Ortiz, 40, a non-native resident of Pojoaque Pueblo, N.M., was sentenced this morning to five years in prison followed by 15 years of supervised release for his child pornography conviction. Ortiz will be required to register as a sex offender when he completes his prison sentence. Ortiz also was ordered to pay $500 in restitution to the identified victim in the crime of conviction.
Ortiz was arrested in Sept. 2012, on a criminal complaint alleging that he possessed and distributed child pornography at his residence in Pojoaque Pueblo. The investigation of this case was initiated in July 2012, after the National Center for Missing and Exploited Children (NCMEC) received information that images consistent with child pornography had been posted on a social networking site and sent the tip to the New Mexico Attorney General’s Office (NMAGO). In early Aug. 2012, after determining that the images were posted using an email account subscribed to Ortiz, the NMAGO and the New Mexico Internet Crimes Against Children (ICAC) Task Force contacted the FBI. On Sept. 11, 2012, the FBI executed a federal search warrant at Ortiz’s residence and seized a computer and a computer flash drive that contained images consistent with child pornography.
On Aug. 1, 2013, Ortiz pled guilty to a felony information charging him with receipt of a visual depiction of a minor engaged in sexually explicit conduct. In his plea agreement, Ortiz admitted receiving a visual depiction of a minor involved in sexual explicit conduct on Sept. 11, 2012. Ortiz also admitted downloading images consistent with child pornography from various websites. Court records reflect that Ortiz’s unlawful conduct occurred in a residence on the Pojoaque Pueblo.
This case was investigated by the Santa Fe office of the FBI, the NMAGO, the New Mexico Regional Computer Forensic Laboratory and the New Mexico ICAC Task Force. Assistant U.S. Attorney Jacob Wishard prosecuted the case 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.
New Mexico U.S. Attorney’s Office Collects More Than $14 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2013Read the Press Release
ALBUQUERQUE – Acting U.S. Attorney Steven C. Yarbrough announced today that the U.S. Attorney’s Office for the District of New Mexico collected $1,150,777.56 in criminal and civil actions in Fiscal Year 2013. Of this amount, $915,306.03 was collected in criminal actions and $235,471.53 was collected in civil actions
Additionally, the U.S. Attorney’s Office for the District of New Mexico worked with other components of the Department of Justice to collect an additional $11,801,237.00 in cases pursued jointly with these offices. Of this amount, $3,840.00 was collected in criminal actions and $11,797,397.00 was collected in civil actions.
The U.S. Attorney’s Office for the District of New Mexico working with partner agencies and divisions, also collected $1,292,980.00 in asset forfeiture actions and $420,544.68 in collateral forfeitures in misdemeanor prosecutions in FY 2013, bringing the Office’s total collections to $14,665,539.24. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.“The department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the American people,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“The U.S. Attorney’s Office is dedicated to protecting the public and recovering funds for the federal treasury and for victims of federal crime,” said Acting U.S. Attorney Steven C. Yarbrough. “We will continue to hold accountable those who seek to profit from their illegal activities.”
Acting U.S. Attorney Yarbrough commended Assistant U.S. Attorneys Howard R. Thomas, Stephen R. Kotz, Cynthia L. Weisman, Sarah M. Davenport, Brock Taylor, William J. Pflugrath, Anna R. Wright, Paul Mysliwiec and Charles L. Barth and staff members Julie Ford, Lois Agnes, Feather Astor, Lois Golden, Sandra Campbell, Robbie Mahan, Doreen Dowling and Elizabeth Buckley for their combined efforts in recovering funds on behalf of the United States. He also commended U.S. Marshal Conrad E. Candelaria and the U.S. Marshals Service for facilitating the collection of funds from the criminal and civil forfeiture actions.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Albuquerque Man Sentenced to More Than Fifteen Years in Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Maximiliano Cordova, 20, of Albuquerque, N.M., was sentenced this afternoon to 188 months in federal prison followed by a lifetime of supervised release for his child pornography conviction. Cordova also was ordered to pay $500 to the identified victim in his count of conviction. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
Cordova was arrested by the FBI on May 6, 2013, on a criminal complaint alleging that he distributed, received and possessed visual depictions of minors engaged in sexually explicit conduct. Cordova subsequently was indicted and charged with two counts of distribution of child pornography, two counts of receipt of child pornography, and one count of possession of child pornography.
The investigation leading to Cordova’s arrest was initiated in mid Jan. 2013, after an FBI agent who was working in an undercover capacity in New Jersey signed onto a publicly available peer-to-peer (P2P) file sharing network that was being used by individuals who were sharing child pornography images. The agent learned that one of the individuals sharing child pornography images on the P2P network was using an IP Address subscribed to Cordova’s residential address. On May 3, 2013, the FBI executed a search warrant at Cordova’s residence.
While executing the search warrant, FBI agents observed a laptop computer on Cordova’s bed that was running and displaying information for the P2P network that was used for sharing child pornography. The FBI seized the laptop computer, other computers and other computer-related media from Cordova’s residence. A forensic of the laptop computer confirmed that it contained child pornography images.
On Oct. 1, 2013, Cordova entered a guilty plea to one count of distribution of child pornography. In his plea agreement, Cordova admitted that he had been using a file sharing program to distribute, receive and possess child pornography for approximately six months prior to his arrest. Cordova also acknowledged that a forensic examination of his computers and computer-related media revealed that Cordova possessed more than 1000 child pornography images and videos.
This case was investigated by FBI and the New Mexico Regional Forensic Lab, and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga. It 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/.
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 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Sentenced to Five Years in Prison and a Lifetime of Supervised Release for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – William Winzenburg, Jr., 28, of Albuquerque, N.M., was sentenced this afternoon to five years in federal prison followed by a lifetime of supervised release for his child pornography conviction.
Winzenburg was arrested on Feb. 7, 2013 on a criminal complaint and has been in federal custody since his arrest. Winzenburg subsequently was indicted in March 2013, and charged with two counts of receiving visual depictions of minors engaged in sexually explicit conduct and two counts of possession of a visual depiction of minors engaged in sexually explicit conduct.
Court records reveal that the investigation into Winzenburg was initiated in Nov. 2013 after the Bernalillo County Sheriff’s Office (BCSO) received information from the National Center for Missing and Exploited Children that a specific IP address was being used to receive child pornography. On Feb. 7, 2013, after determining that the IP address was subscribed to Winzenburg, the FBI and BCSO executed a search warrant at Wenzenburg’s residence and seized computers and computer-related media which contained child pornography.
On Oct. 1, 2013, Winzenburg entered a guilty plea to Count 1 of the indictment, charging him with receipt of child pornography. In his plea agreement, Winzenburg admitted that he voluntarily participated in a recorded interview with the FBI and BCSO on Feb. 7, 2013, during which he admitted downloading child pornography images and videos from the Internet.
The case was investigated by the FBI, BCSO and the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga. It 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/.
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 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Pleads Guilty to Distributing Child PornographyRead the Press Release
ALBUQUERQUE – John A. Crowe, 54, of Albuquerque, N.M., pleaded guilty this morning to distribution of visual depictions of minors engaged in sexually explicit conduct. Under the terms of his plea agreement, Crowe will be sentenced to a prison term of not less than ten years and not more than 15 years to be followed by a term of supervised release to be determined by the Court. Crowe will be required to register as a sex offender after he completes his prison sentence.
The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Pete N. Kassetas of the New Mexico State Police (NMSP).
Crowe was arrested in May 28, 2011, on a criminal complaint charging him with transportation and possession of child pornography, and has been in federal custody since that time. In June 2011, Crowe was indicted on child pornography charges. A superseding indictment was filed in July 2012, charging Crowe with advertising child pornography in March 2011, transportation of child pornography in Nov. 2010; distribution of child pornography on two occasions in March 2011, and possession of child pornography from April 2011 to May 2011. The indictment alleged that Crowe committed these offenses in Bernalillo County, N.M.
According to court filings, the investigation leading to Crowe’s arrest began in March 2011, when an officer with the Online Predator Unit of the New Mexico State Police (NMSP) 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 Crowe at a residential address in west side of Albuquerque.
On May 26, 2011, HSI and the NMSP executed a search warrant at Crowe’s residence seized a computer and computer-related media. During a recorded interview that day, Crowe admitted using his computer to search for and download child pornography. A subsequent forensic examination of the computer and computer-related media revealed that they contained images and videos of child pornography, including videos of minor females who appeared to be filmed by a hidden camera located in a bathroom and a bedroom of a residence. During a recorded interview on May 28, 2011, Crowe admitted that he recorded the videos using a video-camera when he lived in Alabama and Georgia and that the minor females were daughters of former girlfriends who were not aware that he was filming them as they undressed. Crowe acknowledged bringing the child pornography with him when he moved to New Mexico in Nov. 2010.
Today, Crowe pled guilty to Count 6 of the superseding indictment charging him with distribution of child pornography, and admitted distributing an image of child pornography on March 12, 2011. Crowe remains in custody pending his sentencing hearing, which has yet to be scheduled.This case was investigated by the Albuquerque office of HSI and the NMSP 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 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 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Shiprock Man Sentenced to Forty-One Months for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Tyrell Elliot Frank, 27, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today to 41 months in federal prison to be followed by two years of supervised release for his assault conviction.
Frank was arrested in April 2012, based on a criminal complaint charging him with assault. He subsequently was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury. According to court filings, on April 1, 2012, Frank repeatedly struck another Navajo man with a machete. As a result of the assault, the victim suffered severe cuts to his left arm and his back.
In Aug. 2013, Frank pleaded guilty to Count 2 of the indictment, charging him with assault resulting in serious bodily injury. In his plea agreement, Frank admitted that during the early hours of April 1, 2012, people arrived at his residence and approached him. Frank stated that, because he recently had been released from the hospital after having been assaulted, he struck a person he did not know with a machete causing him serious bodily injury. Frank stated that he later learned that the victim did not intend to harm him.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Artesia Man Pleads Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Anthony Herrera, 23, of Artesia, N.M., pleaded guilty this morning in Las Cruces federal court to firearms charges under a plea agreement with the U.S. Attorney’s Office.
Herrera was arrested in July 2013, based on a criminal complaint charging him with being a felon in possession of a firearm and ammunition, and was indicted in Oct. 2013 on that same charge and for unlawfully possessing an unregistered short-barreled shotgun on April 10, 2012 . At the time, Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony offense of criminal solicitation.
Court filings reflect that the investigation leading to the charge against Herrera arose out of a drive-by shooting incident on Aug. 5, 2012. On that day, Eddy County Sheriff’s Office responded to a call regarding a drive by shooting during which numerous shots were fired at a residence and a vehicle. After Herrera was identified as the individual who fired the shots by witnesses, Eddy County Sheriff’s deputies executed a search warrant at his home on Aug. 10, 2012, at Herrera’s residence and found a .45 Caliber, semi-automatic pistol and ammunition. They also located a .12 gauge short-barreled shotgun and ammunition inside of Herrera’s truck.
During today’s proceedings, Herrera pled guilty to the indictment and admitted that he unlawfully possessed firearms, including an unregistered short-barreled shotgun, and ammunition in Aug. 2012.
Herrera has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At his sentencing hearing, which has yet to be scheduled, Herrera faces a maximum penalty of ten years in prison.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eddy County Sheriff’s Office with assistance from the Artesia Police Department and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.Truth or Consequences Woman Pleads Guilty to Prescription Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE –Roberta Capps, 53, of Truth or Consequences, N.M., pled guilty this morning to prescription drug trafficking charges in federal court in Las Cruces, N.M. Capps entered her guilty plea was entered without the benefit of a plea agreement.
Roberta Capps and her husband Michael Capps, 52, were arrested on May 21, 2013, on criminal complaints alleging that they unlawfully distributed quantities of Oxycodone and Oxymorphone to a DEA confidential source on three occasions between Dec. 10, 2012 and Jan. 15, 2013. On June 19, 2013, the couple was charged in a five-count indictment with one count of conspiracy and three counts of distribution of Oxycodone. The fifth count charged Michael Capps with being a felon in possession of a firearm.
According to the indictment, Roberta Capps and Michael Capps conspired to distribute Oxycodone and unlawfully distributed Oxycodone on three separate occasions on Dec. 10, 2012, Dec. 18, 2012 and Jan. 15, 2013. Court filings reflect that the couple sold the Oxycodone to an individual who unbeknownst to them was a confidential source for the DEA and that Roberta Capps admitted knowing that it was illegal to sell prescription medications to others during a recorded conversation with the source.
Today, Roberta Capps entered guilty pleas to Counts 1 through 4 of the indictment charging her with conspiracy and distribution of Oxycodone. At sentencing, Roberta Capps faces a maximum penalty of 20 years in prison. Capps remains on conditions of release at a half-way house pending her sentencing hearing which has yet to be scheduled.
Michael Capps has entered a not guilty plea to the charges against him. Charges in an indictment are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the DEA and the Truth or Consequences Police Department and is being prosecuted by Assistant U.S. Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.
Transient Sentenced to Fifty-One Months in Federal Prison for Robbing Albuquerque Bank in March 2013Read the Press Release
ALBUQUERQUE – Sheldon David Weisman, 56, was sentenced this morning to 51 months in federal prison followed by three years of supervised release for robbing an Albuquerque-area bank in March 2013.
Weisman was arrested on March 15, 2013 based on a criminal complaint alleging that he robbed the Wells Fargo Bank located at 8333 Montgomery Blvd. NE in Albuquerque that day. At the time of his arrest, Weisman was homeless and living out of his vehicle. Weisman subsequently was indicted on a bank robbery charge in April 2013.
Court filings reflect that Weisman entered the bank on the afternoon of March 15, 2013, and handed a note demanding cash to a bank teller. After the bank teller complied with Weisman’s demand and Weisman left the bank with a bag of cash, a bank employee observed Weisman drive away in a vehicle bearing a Texas license plate. After a description of the vehicle was relayed to law enforcement authorities, an officer of the Albuquerque Police Department executed a traffic stop of a vehicle fitting the description and arrested Weisman. A search of Weisman’s vehicle revealed the bank robbery note and a bag containing cash.
On Oct. 7, 2013, Weisman pled guilty to the indictment without the benefit of a plea agreement.
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.
Owner of Hobbs Gun Shop and His Parents Plead Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – The owner of a gun shop in Hobbs, N.M., and his parents, who assisted their son in operating the gun shop, pleaded guilty this afternoon in Las Cruces federal court to violating the federal firearms laws, announced Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Carlos Jonathan Cruz, 31, the owner of Hobbs Satellite Company Guns & Ammo, and his parents, Carlos Carlon Cruz, 60, and Norma M. Cruz, 56, were indicted in June 2013 and charged with violating the federal firearms laws by making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser” and buying firearms on behalf of others. Carlos Jonathan Cruz also was charged with unlawfully selling thousands of rounds of ammunition to an alien illegally in the United States, unlawfully possessing an unregistered sawed-off shotgun, and unlawfully possessing firearms with obliterated serial numbers.
During today’s proceedings, Carlos Jonathan Cruz pled guilty to a felony information charging him with (1) making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and (2) unlawfully possessing firearms with obliterated serial numbers. In entering his guilty plea, Carlos Jonathan Cruz admitted that on April 23, 2013, he knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF. Cruz also admitted possessing a firearm with an obliterated serial number on May 29, 2013.Carlos Jonathan Cruz’s parents each pled guilty to a felony information charging them with (1) making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and (2) unlawfully selling ammunition to a prohibited person. In entering their guilty pleas, Carlos Carlon Cruz and Norma Cruz admitted that on April 9, 2013, they sold 2,500 rounds of ammunition to an alien who was illegally in the United States. They also admitted that on April 23, 2013, they knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF.
Under the terms of their plea agreements, Carlos Jonathan Cruz and Carlos Carlon Cruz will be sentenced to prison terms not to exceed 41 months of imprisonment and Norma Cruz will be sentenced to a prison term not to exceed 30 months of imprisonment. They also are required to forfeit approximately 165 firearms, 25,703 rounds of ammunition and six silencers. Their sentencing hearings have yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Drug Enforcement Administration and the Hobbs Police Department, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office. Assistant U.S. Attorney Cynthia L. Weisman is handling the forfeiture proceedings.
Non-Indian Man Sentenced to Probation for Assaulting an Indian ChildRead the Press Release
ALBUQUERQUE – Jose J. Romero, 39, a non-Indian resident of Isleta Pueblo, was sentenced on Jan. 3, 2014 to 18 months of probation for his misdemeanor simple assault conviction.
Romero entered a guilty plea on Sept. 26, 2013, to a misdemeanor information charging him with simple assault of an individual who had not attained the age of 16 years. In his plea agreement, Romero admitted striking an Indian child under the age of 16 years in the face on Jan. 16, 2013. He further admitted that his unlawful conduct occurred within Isleta Pueblo.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Non-Indian Man Pleads Guilty to Assaulting an Indian During a Home Invasion on Santa Clara PuebloRead the Press Release
ALBUQUERQUE – Cristian K. Watson, 20, a resident of Tierra Azul, N.M., pleaded guilty this morning to a felony information charging him with assault resulting in serious bodily injury under a plea agreement with the U.S. Attorney’s Office.
Watson was arrested on Feb. 27, 2012, on a criminal complaint charging him with assault with a dangerous weapon and with the intent to do bodily harm. According to the criminal complaint, Watson assaulted an enrolled member of the Shoshone Band of Indians who was living in Santa Clara Pueblo during a home invasion on Feb. 12, 2012.
During today’s plea hearing, Watson entered a guilty plea to an assault charge and admitted assaulting the victim on Feb. 12, 2012. Court records reflect that on that day, Watson and an accomplice, Joshua Phillips, 21, a member and resident of Ohkay Owingeh Pueblo, committed a home invasion at a Santa Clara Pueblo residence for the purpose of robbing the owner. Watson admitted repeatedly stabbing the victim, who lived in the residence, while helping Phillips steal pills from the victim. In his plea agreement, Watson acknowledged that the victim sustained five puncture wounds as a result of the assault, each of which required multiple staples to close.
A sentencing, Watson faces a maximum penalty of ten years in prison. Watson remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
Phillips previously entered a guilty plea to a felony information charging him with aiding and abetting an assault resulting in serious bodily injury and was sentenced on Dec. 13, 2013, to ten months in prison followed by three years of supervised release.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency, with assistance from the Santa Clara Pueblo Tribal Police Department and the Espanola Police Department, and is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
Mexican National Sentenced to Ten Years in Federal Prison for Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Sergio Saenz-Amaya, 30, a Mexican national illegally in the United States, was sentenced earlier today to 120 months in federal prison for his methamphetamine trafficking and firearms conviction. Saenz-Amaya will be deported after he completes his prison sentence.
Saenz-Amaya and his co-defendant, Manuel Adrian Aldarette, 32, also a Mexican national illegally in the United States, were arrested on a criminal complaint in Oct. 2012, after Saenz-Amaya and Aldarette engaged in a drug trafficking transaction with a person who unbeknownst to them was a confidential informant with Homeland Security Investigations (HSI). Saenz-Amaya and Aldarette subsequently were indicted and charged with possession of methamphetamine with intent to distribute. Saenz-Amaya also was charged with using a firearm in furtherance of a drug trafficking crime.
Saenz-Amaya pled guilty to possession of methamphetamine with intent to distribute and using a firearm in relation to a drug trafficking crime on Aug. 1, 2013.
Aldarette pled guilty to possession of methamphetamine with intent to distribute on Aug. 12, 2013. Aldarette remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Aldarette faces a maximum of 20 years in prison. He will be deported after serving his prison sentence.
This case was investigated by the Albuquerque office of HSI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.
Laguna Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Matthew Louis Brown, 25, pleaded guilty this morning to a domestic assault by a habitual offender charge, announced Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
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.
This morning, 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.
Brown was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Brown faces a maximum sentence of ten years in federal prison.
This case was investigated by the Laguna/Acoma Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Police Department and is being 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.
Former Casino Employee and Wife Sentenced to Probation for Scheme to Embezzle Money from CasinoRead the Press Release
ALBUQUERQUE – John Hoffman, 43, of Rio Rancho, N.M., was sentenced this morning to two years of probation for his felony conviction for embezzling money belonging to an Indian gaming establishment. His wife and accomplice, Michelle Fischer, 43, also received a two-year probationary sentence for her misdemeanor conviction for stealing from an Indian gaming establishment. The Hoffmans jointly were ordered to pay $74,830.43 in restitution to the Santa Ana Star Casino, the victim of their criminal conduct.
Hoffman pled guilty in March 2013 to a felony information charging him with embezzling money belonging to the Santa Ana Star Casino, which is operated by Santa Ana Pueblo. At the time, Hoffman was employed in the Marketing Department of the Santa Ana Star Casino. Hoffman admitted that, from Dec. 2010 to Aug. 2011, he abused his position at the Santa Ana Star Casino by gaining access to active and inactive “Player’s Club” cards and adding money and credits to the cards without proper basis or authority. Hoffman also admitted giving the cards to Fischer knowing that she intended to distribute the cards to others who would use the cards to gamble and who would give Hoffman and Fischer a percentage of their winnings.
Also in March 2013, Fischer pled guilty to a misdemeanor information charging her with theft of money belonging to the Santa Ana Star Casino. In entering her guilty plea, Fischer admitted obtaining “Player’s Club” cards to which she was not entitled from a casino employee, and giving the cards to others who used the cards to gamble with the understanding that she would receive a percentage of the winnings. Fischer also admitted that she also used some of the cards to gamble knowing that she was not entitled to do so and for the purpose of obtaining a financial benefit.
This case was investigated by the Santa Ana Tribal Police Department and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.Anthony, N.M., Man Pleads Guilty to Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Victor Manuel Carreon, 23, of Anthony, N.M., pleaded guilty this afternoon in Las Cruces federal court to being a felon in possession of a firearm and ammunition. Carreon entered his guilty plea without the benefit of a plea agreement.
Carreon and his brother Javier Orozco, 29, also of Anthony, were arrested on Sept. 5, 2013, based on a criminal complaint charging them with being felons in possession of firearms and ammunition. The two were subsequently indicted on these charges on Dec. 11, 2013. The indictment alleges that Carreon and Orozco unlawfully possessed firearms and ammunition in Doña Ana County, N.M., on June 19, 2013. At the time, the brothers were prohibited from possessing firearms or ammunition because they were convicted felons. Carreon previously had been convicted for possession of a controlled substance and aggravated fleeing from a law enforcement officer, and Orozco had been convicted for shooting at a motor vehicle and aggravated assault.
According to the criminal complaint, on June 19, 2013, Carreon and Orozco were arrested on state charges by Doña Ana County Sheriff’s deputies who were seeking to arrest Carreon on state warrants. The deputies detained Orozco in the vicinity of a truck parked outside a residence in Anthony, and arrested Carreon inside the residence. At the time of his arrest, Carreon was near a trash can that contained a loaded handgun; he admitted ownership of the handgun during a post-arrest interview. The deputies arrested Orozco after they allegedly found a large amount of cash and a plastic bag containing methamphetamine in Orozco’s pockets. During a search of the truck, which allegedly was driven primarily by Orozco, officers allegedly found additional currency and a loaded handgun.
During today’s proceedings, Carreon pled guilty to Count 2 of the indictment charging him with being a felon in possession of a firearm and ammunition, and admitted that he unlawfully possessed a firearm and ammunition on June 19, 2013. Carreon has been in federal custody since his arrest in Sept. 2013, and remains detained pending his sentencing hearing, which has yet to be scheduled. Carreon faces a maximum penalty of ten years in prison when he is sentenced.
Orozco also has been in federal custody since his arrest in this case. Orozco has pleaded not guilty to the indictment, which is merely an accusation. Orozco is presumed innocent unless he is found guilty in a court of law.
This case was investigated by the Las Cruces office of the FBI and the Doña Ana County Sheriff’s Office, with assistance from the 3th Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Sentenced to Ten Years in Federal Prison for Child Enticement ConvictionRead the Press Release
ALBUQUERQUE – Raymond Berger, 32, of Albuquerque, N.M., was sentenced this morning to ten years in federal prison followed by 25 years of supervised release for his child enticement conviction. Berger will be required to register as a sex offender when he completes his prison sentence.
The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, Chief Allen Banks of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Dan Houston.
Berger was arrested on May 26, 2013 by HSI agents on an indictment charging him with enticing a minor to engage in sexual activity. The indictment alleged that between May 2, 2013 and May 6, 2013, Berger used the Internet and a cellular telephone to coerce and entice an individual whom he believed to be a minor to engage in sexual activity. Berger was arrested on state charges of solicitation of a child with an electronic communications devise on May 6, 2013. The state charges were dismissed after Berger was federally charged.
On Sept. 25, 2013, Berger pled guilty to the indictment and admitted that he engaged in a text messaging relationship with a person whom he believed to be a 12-year-old girl and that he made multiple solicitations for a sexual relationship with the “girl.” Berger further admitted that he made arrangements to meet with the “girl” in a parking lot on May 6, 2013 and was arrested by APD officers when he arrived at the parking lot.
Court filings reflect that Berger initiated the text messaging with the “girl” on May 2, 2013, when he responded to an Internet ad that included a photograph of an undercover officer who appeared to be a minor. The ad was placed by an APD officer who represented to Berger that he was a 12-year-old girl.
This case was investigated by the Albuquerque office of HSI, APD and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office. The case was 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/.
The case also was brought as 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 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Jicarilla Apache Man Pleads Guilty to Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Jeremiah Burns, 32, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning to an indictment charging him with involuntary manslaughter.
Burns was arrested in Aug. 2013, based on an indictment charging him with killing a man on Oct. 22, 2011, while driving under the influence of alcohol within the Jicarilla Apache Indian Reservation. In entering his guilty plea, Burns admitted killing the victim while driving under the influence of alcohol and marijuana which rendered him incapable of exercising clear judgment and a steady hand in handling a vehicle. As such, Burns acknowledged that he operated the vehicle without due caution and with a reckless disregard that imperiled the lives of others.
Under the terms of his plea agreement, Burns will be sentenced to 20 months in federal prison followed by a term of supervised release to be determined by the court. Burns’ sentencing hearing has yet to be scheduled.
The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.Espanola Man Pleads Guilty to Robbing Espanola Bank in September 2013Read the Press Release
ALBUQUERQUE – Stephen Gurule, 34, of Espanola, N.M., pleaded guilty this morning to an indictment charging him with bank robbery.
Gurule was arrested on Oct. 3, 2013 on a criminal complaint charging him with robbing the Community Bank located at 411 Carr Lane, Espanola, N.M. on Sept. 27, 2013, and subsequently was indicted on a bank robbery charge.
According to court filings, the Community Bank was robbed at approximately 3:00 pm on Sept. 27, 2013 by a man who passed a handwritten note demanding money to a bank teller. On Oct. 1, 2013, the FBI received a call from an individual who reported that Gurule had confessed to robbing the Community Bank. The following day, another individual called the FBI to report that Gurule had confessed to robbing a bank in Espanola. The FBI obtained an arrest warrant for Gurule on Oct. 3, 2013, after comparing a driver’s license photograph of Gurule to the robber shown on the bank surveillance video and determining that the robber appeared to be Gurule.
During today’s proceedings, Gurule entered a guilty plea to the indictment and admitted robbing Community Bank on Sept. 27, 2013. Gurule has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Gurule faces a maximum penalty of 20 years in federal prison.
This case was investigated by the Santa Fe Office of the FBI and City of Espanola Police Department, and is being prosecuted by Assistant U.S. Attorney David M. Walsh.
Shiprock Man Pleads Guilty to Federal Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Elvan Hovel, 42, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today to a voluntarily manslaughter charge under a plea agreement with the U.S. Attorney’s Office.
Hovel was arrested in Aug. 2013, based on a criminal complaint charging him with second degree murder and subsequently charged in an indictment in Sept., 2013 with voluntary manslaughter. According to court filings, on July 22, 2012, Hovel pushed a 48-year-old Navajo woman who was intoxicated into an irrigation canal where the victim drowned.
In his plea agreement, Hovel admitted killing the victim on July 22, 2012, in a location within the Navajo Indian Reservation. Hovel pushed the victim into an irrigation canal at a time when the two were intoxicated and arguing. Hovel did not make any effort to rescue the victim as he watched her float away in the canal and go under.
Under the terms of the plea agreement, Hovel will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court. He remains in custody pending his sentencing hearing, which has yet to be scheduled.
The 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 Elaine Y. Ramirez.
Albuquerque Man Charged with Production and Distribution of Child PornographyRead the Press Release
ALBUQUERQUE – Michael Dameon Blackburn, 28, of Albuquerque, N.M., made his initial appearance in federal court earlier today on a criminal complaint charging him with production and distribution of visual depictions of minors engaged in sexually explicit conduct, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, Bernalillo County Sheriff Dan Houston and Albuquerque Police Chief Allen Banks.
Blackburn was arrested yesterday afternoon by HSI agents on the criminal complaint which charges Blackburn with producing and distributing child pornography in Bernalillo County, N.M., between March 2013 and Dec. 2013. Blackburn remains in federal custody pending a detention hearing scheduled for tomorrow morning.
The criminal complaint is the result of an investigation that began on Nov. 15, 2013, when the HSI in Albuquerque received information from the HSI Cyber Crimes Center about a pornographic image of a young child victim who might be in the Albuquerque area. HSI’s investigative efforts identified a residence in northeast Albuquerque as a potential location for the person who may have distributed the pornographic image of the young child victim.
According to the criminal complaint, on Dec. 17, 2013, law enforcement officers conducted a welfare check at the residence and made contact with Blackburn and two young children, a girl and a boy both two years of age, who apparently were left in Blackburn’s care while their parents were out of town. The complaint alleges that the officers learned that Blackburn had been sexually molesting the two young children from March 2013 through Dec. 2013, and taking photographs and making videos of the victims while he molested them. It further alleges that Blackburn emailed the child pornography images and videos to others.
The two young victims were removed from the residence and are in protective custody.
If convicted of the offenses charged in the criminal complaint, Blackburn faces a mandatory minimum of 15 years and a maximum of 40 years in federal prison for production of child pornography, and a mandatory minimum of five years and a maximum of 20 years in federal prison for distribution of child pornography. If convicted, Blackburn also will be required to register as a sex offender after he completes his prison sentence. Charges in criminal complaints are merely accusations and a criminal defendant is presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Albuquerque office of HSI, Bernalillo County Sheriff’s Office and the Albuquerque Police Department, all members of the New Mexico Internet Crimes Against Children (ICAC) Task Force, and 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/.
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 New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
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Santa Ana Pueblo Woman Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Jayleen Armijo, 30, a member and resident of Santa Ana Pueblo, N.M., was sentenced to 24 months in federal prison followed by two years of supervised release for her conviction on an assault charge.
Armijo was indicted in Feb. 2013, and charged with assault resulting in serious bodily injury. According to the indictment, Armijo assaulted a woman on Dec. 20, 2012, in a location within the Santa Ana Pueblo. The victim sustained a broken orbital socket, a broken nose and over a dozen bite wounds which left permanent scars as a result of the assault.
On August 29, 2013, Armijo entered a guilty plea without the benefit of a plea agreement and admitted assaulting the victim on Dec. 20, 2013. Armijo further admitted that the victim sustained 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 and the Santa Ana Tribal Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Roswell Man Pleads Guilty to Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Robert Lopez, 27, of Roswell, N.M., pleaded guilty this morning in Las Cruces federal court to being a felon in possession of a firearm and ammunition. Lopez entered his guilty plea without the benefit of a plea agreement.
Lopez was arrested in June 2013, based on a criminal complaint charging him with being a felon in possession of a firearm and ammunition, and subsequently was indicted on that same charge. The indictment charged Lopez with unlawfully possessing a firearm and ammunition in Chaves County, N.M., on July 19, 2012. At the time, Lopez was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony offense, possession of methamphetamine, in the 5th Judicial District Court for the State of New Mexico.
Court filings reflect that on July 19, 2012, Lopez assaulted a Chaves County Sheriff’s deputy while the deputy was attempting to execute a warrant for Lopez’s arrest. Lopez initially fled from the deputy and then assumed a fighting stance, hitting the deputy in the head and biting the deputy’s right ear. After the deputy subdued and arrested Lopez, Lopez told the deputy that he had a firearm in his vehicle. The Chaves County Sheriff’s Office then obtained a search warrant for the vehicle and recovered a pistol loaded with ten rounds.
During today’s proceedings, Lopez pled guilty to the indictment and admitted that he unlawfully possessed a firearm and ammunition on July 19, 2012. At his sentencing hearing, which has yet to be scheduled, Lopez faces a maximum penalty of ten years in prison.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Sheriff’s Office, with assistance from the 5th Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Man Sentenced to Federal Prison for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – George Nez, 71, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., entered a guilty plea this morning to a child sex abuse charge and was sentenced to 30 months in federal prison to be followed by ten years of supervised release. Nez will be required to register as a sex offender when he completes his prison sentence.
Nez was indicted in March 2011 and charged with three counts of abusive sexual contact of a child under the age of 12. The indictment alleged that Nez had sexual contact with a child under the age of 12 on three occasions at a location within the Navajo Indian Reservation between June 2009 and Sept. 2009. Court filings reflect that the child victim reported the abuse to a parent in Jan. 2011, and the parent contacted law enforcement authorities prompting the investigation that led to the filing of charges against Nez.
This morning, Nez pled guilty to Count 1 of the indictment charging him with abusive sexual contact and admitted knowingly engaging in sexual contact with a child under the age of 12 years by touching the child’s genitals. Nez acknowledged that he committed this offense between June 1, 2009 and Sept. 1, 2009. Nez was sentenced immediately after entering his guilty plea.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Charles L. Barth.
Former Police Officer from Oklahoma Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Robert Mullen, 60, a former officer with the Lawton, Okla., Police Department who now resides in Albuquerque, N.M., was arrested this morning 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. Mullen made his initial appearance in federal court this afternoon and remains in federal custody pending a detention hearing scheduled for tomorrow morning.
According to the criminal complaint, in Aug. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) 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 Mullen at a residential address in west side of Albuquerque.The criminal complaint states that on Dec. 11, 2013, HSI, the Albuquerque Police Department (APD) and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a state search warrant at the residence and seized a computer and computer-related media. A preliminary forensic examination of a computer taken from a bedroom allegedly used by Mullen recovered images and videos consistent with child pornography.
If convicted of the charges in the criminal complaint, Mullen faces a federal prison term of not less than five years and not more than 20 years. If convicted, Mullen 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 Albuquerque office of HSI, the NMAGO and the Albuquerque Police Department and 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/.
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.
Farmington Man Sentenced to Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Yesterday afternoon, Vincent Thomas Montoya, 30, of Farmington, N.M., was sentenced to a 24-month term of imprisonment to be followed by three years of supervised release for being a felon in possession of a firearm.
Montoya was charged with being a felon in possession of a firearm and possession of a firearm with an obliterated serial number in a two-count indictment filed in July 2012. The indictment alleged that on Jan. 5, 2011, Montoya possessed a revolver with an obliterated serial number in San Juan County, N.M. At the time, Montoya was prohibited from possessing firearms or ammunition because he previously had been convicted of breaking and entering in the 11th Judicial District Court for the State of New Mexico.
Montoya pled guilty in Dec. 2012 to Count 1 of the indictment charging him with being a felon in possession of a firearm. In his plea agreement, Montoya admitted that on Jan. 5, 2011, he possessed a firearm with an obliterated serial number in Farmington, and further admitted selling the firearm to another person on that day.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Farmington Police Department, the San Juan County Sheriff’s Office and the Bloomfield Police Department, and was prosecuted by Assistant U.S. Attorney David Walsh.Albuquerque Man Sentenced to Sixty-Three Months in Prison for Federal Wire Fraud and Money Laundering ConvictionRead the Press Release
ALBUQUERQUE – Rodney Chavez, 47, of Albuquerque, N.M., was sentenced yesterday afternoon to 63 months in federal prison followed by three years of supervised release for his wire fraud and money laundering conviction. Chavez also was ordered to pay restitution in the amount of $847,370.52 to the victims of his criminal conduct. He also was ordered to forfeit $233,548.40 in funds that were seized from three bank accounts during the investigation of the case. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Chavez and his co-defendants, Wayne Brian Church, Jr., 28, and Joshua G. Ellis, 43, both of Albuquerque, were charged in Jan. 2012, with wire fraud and money laundering charges in a 22-count indictment that generally alleged that the three men defrauded investors of more than $800,000 in a real estate venture. Chavez and Church were arrested based on the charges in the indictment in Feb. 2012. Ellis has yet to be arrested and is considered a fugitive.
After Church pleaded guilty in Aug. 2012 to a felony information charging him with conspiracy to commit wire fraud, Chavez and Ellis were charged in a 21-count superseding indictment filed in Oct. 2012. The superseding indictment charged Chavez and Ellis with conspiracy to commit wire fraud and five substantive wire fraud offenses. It also charged Chavez with conspiracy to launder the proceeds generated by their fraudulent activities and 14 substantive money laundering offenses, and sought forfeiture of the proceeds of the defendants’ unlawful activities.
On Sept. 9, 2013, Chavez pled guilty to Counts 6 and 7 of the superseding indictment, charging him with wire fraud and conspiracy to commit money laundering, respectively. In his plea agreement, Chavez admitted that, between March 2010 and April 2011, he designed and executed a scheme to defraud a group of investors of their interest in certain properties located in Puerto Peñasco, Mexico. Chavez embarked on the scheme after learning that the investors were interested in selling the properties at a substantial loss after realizing that they would not be able to recoup the full amount of their original investments. In March 2010, Chavez contacted a representative of the investor group under an assumed identity and entered into an agreement to sell the properties on behalf of the investors with the understanding that the investors would receive a return of 30% of their original investments. Despite his stated intention to sell the properties and distribute the agreed amount to the investors, Chavez admitted that he never intended to honor that agreement and instead intended to defraud the investors by selling the properties and retaining the proceeds for himself.
According to the plea agreement, while falsely assuring investors of his efforts to sell the properties on their behalf, Chavez hired a real estate agent to sell the properties and sold five properties, the sales of which generated approximately $847,370.52 in proceeds. After the proceeds were wire-transferred to a bank in Albuquerque with assistance from Church, Chavez did not distribute the proceeds to the investors. Instead, Chavez and Church kept the proceeds and conspired to conceal the source of the proceeds by transferring the money to bank accounts held in the names of businesses they exclusively controlled. None of the proceeds from the sale of properties were returned to the investors.
Church remains on conditions of release pending his sentencing hearing when he faces a maximum penalty of 30 years in prison. The charges in the superseding indictment against Ellis are merely accusations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Albuquerque Man Pleads Guilty to Robbing Western Commerce Bank in September 2013Read the Press Release
ALBUQUERQUE – Solas Jansen, 36, of Albuquerque, N.M., pleaded guilty this morning to an indictment charging him with bank robbery under a plea agreement with the U.S. Attorney’s Office.
Jansen was arrested on Sept. 29, 2013, based on a criminal complaint charging him with robbing the Western Commerce Bank located at 1910 Wyoming Blvd. NE in Albuquerque on Sept. 24, 2013. Jansen committed the robbery by presenting a demand note to a bank teller who complied with Jansen’s demand for money. As Jansen was leaving the bank, surveillance cameras captured video images of Jansen as he ran away from the bank. On Sept. 26, 2013, after the surveillance camera images of Jansen were broadcast by local media outlets, a tipster contacted the Albuquerque Police Department and identified Jansen as the bank robber. On Sept. 27, 2013, the FBI presented a photo array that included Jansen’s photograph to the victim bank teller who identified Jansen as the bank robber.
During today’s plea hearing, Jansen admitted robbing the bank. Jansen has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Jansen faces a maximum penalty of 20 years in prison.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.ALBUQUERQUE – Solas Jansen, 36, of Albuquerque, N.M., pleaded guilty this morning to an indictment charging him with bank robbery under a plea agreement with the U.S. Attorney’s Office.
Jansen was arrested on Sept. 29, 2013, based on a criminal complaint charging him with robbing the Western Commerce Bank located at 1910 Wyoming Blvd. NE in Albuquerque on Sept. 24, 2013. Jansen committed the robbery by presenting a demand note to a bank teller who complied with Jansen’s demand for money. As Jansen was leaving the bank, surveillance cameras captured video images of Jansen as he ran away from the bank. On Sept. 26, 2013, after the surveillance camera images of Jansen were broadcast by local media outlets, a tipster contacted the Albuquerque Police Department and identified Jansen as the bank robber. On Sept. 27, 2013, the FBI presented a photo array that included Jansen’s photograph to the victim bank teller who identified Jansen as the bank robber.
During today’s plea hearing, Jansen admitted robbing the bank. Jansen has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Jansen faces a maximum penalty of 20 years in prison.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Albuquerque Man Pleads Guilty to Being an Armed Career Criminal and Heroin TraffickingRead the Press Release
ALBUQUERQUE – Arthur Sanchez, 35, of Albuquerque, N.M., pleaded guilty this morning to a two-count indictment charging him with heroin trafficking and being an armed career felon in possession of a firearm and ammunition. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Albuquerque Police Chief Allen Banks.
Sanchez was arrested on state charges on March 30, 2011, after officers of the Albuquerque Police Department observed Sanchez throw an object out of his vehicle’s window when they pulled him over for a traffic violation. The object was a package containing approximately 22 grams of heroin. The officers subsequently recovered a pistol with a loaded magazine from Sanchez’s vehicle.
In March 2013, Sanchez was indicted federally and charged with possession of heroin with intent to distribute and being a felon in possession of a firearm and ammunition based on the conduct occurring on March 30, 2011. At the time, Sanchez was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses: aggravated assault and auto burglary; robbery; and aggravated robbery with a firearm. The related state charges were dismissed after Sanchez was transferred to federal custody in April 2013.
During today’s proceedings, Sanchez entered a guilty plea to both counts of the indictment. Sanchez admitted intentionally possessing heroin on March 30, 2011, with the intention of distributing it. He also admitted possessing a loaded pistol on that day.
Sanchez will remain detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Sanchez will be sentenced to 15 years in federal prison followed by three years of supervised release. Sanchez will receive this enhanced sentence because of his status as an armed career criminal.
Sanchez 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.
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 is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Albuquerque Man Sentenced to Ten Years for Unlawfully Possessing a FirearmRead the Press Release
ALBUQUERQUE – Christian Alexander Sangiovanni, 33, of Albuquerque, N.M., was sentenced to ten years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
Sangiovanni was arrested in Aug. 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Sangiovanni unlawfully possessed a firearm and ammunition on April 25, 2010, in Bernalillo County, N.M. At the time, Sangiovanni was prohibited from possessing firearms or ammunition because he previously had been convicted of the following three felony offenses in the 12th Judicial District Court for the State of New Mexico: embezzlement in 2000; sexual exploitation of children in 2001; and battery on a police officer in 2003. He also previously had been convicted of possession of heroin with intent to distribute in the 4th Judicial District Court for the State of New Mexico in Guadalupe County in 2005.
Sangiovanni was convicted on March 20, 2013, after a jury trial where the evidence established that on April 25, 2010, Sangiovanni brandished a firearm at a 17-year-old high school student in a car outside a convenience store in the Northeast Heights of Albuquerque. While brandishing the firearm, Sangiovanni threatened to kill first the teenager and then himself. Later that night, Sangiovanni sent the teenager an E-mail in which he threatened her against telling anyone about the violent encounter. Thereafter, Sangiovanni E-mailed the teenager photographs of himself holding a pistol to his head. On April 26, 2010, the teenager and her mother contacted the police and reported Sangiovanni’s threats against the teenager and provided the E-mails containing the threats and photographs of Sangiovanni holding the pistol to his head.
On May 3, 2010, after Sangiovanni continued to send threatening E-mails to the teenager, officers executed an arrest and search operation at a residence where Sangiovanni was staying. After arresting Sangiovanni on state charges, the officers found a Smith & Wesson, model 459, 9mm pistol with an extended magazine that contained rounds of ammunition. The pistol subsequently was identified by the teenager as the weapon that Sangiovanni brandished at her on April 25, 2010.
The 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 Norman Cairns.
Twenty-Four Plead Guilty to Trafficking Drugs in Dona Ana CountyRead the Press Release
ALBUQUERQUE – Javier Castruita, 45, of Anthony, N.M., entered a guilty plea yesterday to cocaine trafficking charges in federal court in Las Cruces, N.M. His guilty plea resolves the last remaining case charged as a result of a multi-agency investigation that culminated in the filing of drug trafficking charges against 28 residents from Doña Ana County, N.M., and El Paso County, Texas, last spring.
Castruita and 27 others were charged in 12 criminal complaints with distributing cocaine, heroin, methamphetamine and marijuana in and around southern Doña Ana County. The criminal complaints were unsealed on May 8, 2013, following a multi-agency arrest operation resulting in the arrests of 22 defendants. Five others subsequently were arrested, leaving one fugitive.
The charges against the defendants were the result of an intensive four-month multi-agency investigation led by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad and Southern New Mexico Gang Task Force that targeted known drug dealers in southern Doña Ana County. The U.S. Border Patrol and the Las Cruces- Doña Ana County Metro Narcotics Agency, which is comprised of officers from the New Mexico State Police, the Doña Ana County Sheriff’s Office and the Las Cruces Police Department, participated in the investigation. During the course of the investigation, officers oversaw approximately 40 covert drug buys and the purchase of five firearms from the defendants.
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.
Yesterday’s guilty plea was the 24th guilty plea entered by defendants arrested as a result of the investigation. The charges against one of the remaining three defendants were dismissed in support of his prosecution on more significant methamphetamine trafficking charges in the Western District of Texas. Charges against the other two were dismissed with leave to refile.
The cases were investigated by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad, the Las Cruces- Doña Ana County Metro Narcotics Agency, the U.S. Border Patrol and the Dona Doña County Sheriff’s Office. They are being prosecuted by Assistant U.S. Attorneys Shaheen P. Torgoley and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office.
CASE SUMMARIES
Castruita and his two co-defendants Gloria Portillo Valdivia, 51, and Carlos Alberto Valdivia, 56, both of Anthony, N.M., were charged with cocaine trafficking offenses. Portillo Valdivia pled guilty on Sept. 12, 2013, and was sentenced on Dec. 4, 2013 to ten months in prison followed by three years of supervised release. Valdivia pled guilty on Oct. 4, 2013, under a plea agreement that requires the imposition of an 84-month prison sentence. Castruita, who pled guilty this morning, faces a maximum penalty of 20 years in prison at sentencing.
Abel Romero, 29, of Anthony, N.M., Victor Cano, 30, of Anthony, N.M., and Jaime Cano, 30, of Canutillo, Texas, were charged with cocaine and marijuana trafficking offenses. Romero also was charged with being a felon in possession of a firearm. Victor Cano pled guilty on Nov. 7, 2013, under a plea agreement that requires the imposition of a sentence in the range of 30 to 37 months in prison. Jaime Cano also pled guilty on Nov. 7, 2013, under a plea agreement that requires the imposition of a sentence in the range of 40 to 60 months in prison. On Dec. 5, 2013, Romero pled guilty under a plea agreement that requires the imposition of a 131 month prison sentence.
Noe Perez-Rodriguez, 46, of Berino, N.M., and Larry Valles, Sr., 50, of Los Lunas, N.M., each pled guilty on Sept. 12, 2013, to methamphetamine trafficking charges. At sentencing, each faces a sentence of not less than five years and not more than 40 years in prison.
Rudy Portillo, 54, and Isaiah Portillo, 20, both of Anthony, N.M., and Victor Leos, 53, of Anthony, Texas, were charged with heroin trafficking offenses. Isaiah Portillo and Leos entered guilty pleas on Oct. 11, 2013 and Oct. 24, 2013, respectively, and Rudy Portillo pled guilty on Dec. 5, 2013. At sentencing, Rudy Portillo and Leos each faces a sentence of not less than five years and not more than 40 years in prison, and Isaiah Portillo faces a maximum penalty of 20 years in prison.
Victor Alvarez, 43, of Las Cruces, N.M., and Benjamin Ochoa, 31, of Las Cruces, N.M., pled guilty to cocaine trafficking charges on Oct. 31, 2013 and Nov. 7, 2013, respectively. Each faces a maximum penalty of 20 years in prison at sentencing.
Daniel Arrieta, 38, of Anthony, N.M., pled guilty to a heroin trafficking charge on Dec. 5, 2013, and faces a maximum penalty of 20 years in prison at sentencing.
Michael Vega, 26, and Raul Martinez, 25, both of Anthony, N.M., were charged with cocaine trafficking offenses. Vega pled guilty on Nov. 21, 2013, and faces a maximum penalty of 20 years in prison at sentencing. The charges against Martinez were dismissed without prejudice on Nov. 26, 2013.
John Eric Sapien, 25, of Anthony, N.M., pled guilty to a cocaine trafficking charge on Sept. 20, 2013, and faces a maximum penalty of 20 years in prison at sentencing.
Jose Salcido, 51, of Anthony, N.M., pled guilty to a cocaine trafficking charge, and faces a maximum penalty of 20 years in prison at sentencing. The charges against his co-defendant Gerardo Garcia, 63, who was the sole fugitive, were dismissed following his deportation to Mexico.
Joey Martinez, 29, and Eloy Rios-Montoya, 40, both of Anthony, Texas, pled guilty to cocaine trafficking charges on Sept. 5, 2013 and Sept. 20, 2013, respectively. Each faces a maximum penalty of 20 years in prison at sentencing.
Freddy Sanchez-Ramirez, 56, of Anthony, N.M., and Roberto Andres Urquidi, 34, of Canutillo, Texas, pled guilty to heroin trafficking charges on Sept. 20, 2013 and Nov. 7, 2013, respectively. Each faces a maximum penalty of 20 years in prison at sentencing.
Jesus M. Baeza-Lascano, 44, of Anthony, N.M., pled guilty to a cocaine trafficking charge on July 23, 2013, and was sentenced to ten months in prison on Oc. 22, 2013. Baeza-Lascano, a Mexican national, will be deported after he completes his prison sentence. The charges against his co-defendant Martin Nevarez, 49, of Anthony, N.M., were dismissed.
Jose Alvarez, 27, of Anthony, N.M., and Angel Herrera, 31, of Berino, N.M., each pled guilty on Sept. 12, 2013, to a felony information charging them with a heroin trafficking conspiracy. Each was sentenced to time-served and two years of supervised release.
Rio Rancho Man Sentenced for Federal Bank Fraud and Money Laundering ConvictionRead the Press Release
ALBUQUERQUE – Derek Barnhill, 49, of Rio Rancho, N.M., was sentenced yesterday afternoon to three months in federal prison followed by three years of supervised release, which is to include nine months of home confinement, for his bank fraud and money laundering conviction. Barnhill also was ordered to pay $560,129.39 in restitution. The restitution is to be paid jointly with co-defendant Vincent J. Garcia.
In June 2010, Barnhill, Vincent Garcia, 61, an Albuquerque real estate developer, and David Garcia, 37, of Albuquerque, were charged in a 19-count superseding indictment with bank fraud and money laundering offenses in connection with three real estate development projects, including the Anasazi Downtown LLC (Anasazi Building).
Barnhill pled guilty in Dec. 2010, to Count 3, a bank fraud offense, and Count 10, a money laundering offense, and admitted collaborating with Vincent Garcia in a bank fraud and money laundering scheme. In Aug. 2011, Vincent Garcia entered a guilty plea to Count 3 of the superseding indictment, and admitted committing bank fraud in the amount of $365,677.00, and acknowledged that the gross loss amount to the victims of his fraudulent activity was $842,237.44. Neither Barnhill nor Vincent Garcia implicated David Garcia in the criminal conduct charged in the superseding indictment and the charges against him subsequently were dismissed.
According to court filings, Vincent Garcia executed a plan to obtain funding from the Columbian Bank & Trust Co. (Bank) by having Barnhill submit a construction loan drawn-down request containing a material misrepresentation to the Bank. The scheme began on Feb. 12, 2007, when Garcia told Barnhill that he needed $360,000.00 for a “good faith payment” towards the purchase of a casino. Garcia asked Barnhill to use an old bid for sheet rock for the Anasazi Building to get the money. Barnhill altered the sheet rock bid to support a fictitious draw-down request for $365,677.00, and submitted the request based solely on the false invoice to the Bank. After the Bank disbursed the money, Barnhill transferred the funds to an Anasazi account at New Mexico Bank and Trust. The next day, Garcia and Barnhill went to New Mexico Bank and Trust and withdrew $360,000.00 of the proceeds and deposited the money at Compass Bank into an account in the name of Albuquerque Downtown Partners. Thereafter, Garcia flew to Washington State with a Compass Bank check for $360,000.00 to make a payment on the casino.
Vincent Garcia was sentenced in April 2013, to 27-months in federal prison followed by five years of supervised release. He also was ordered to pay $722,543.76 in restitution. Garcia is serving his prison sentence.
This case was investigated by IRS Criminal Investigation, the FDIC-OIG and the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
Fifteen Men Charged with Trafficking Drugs in Bernalillo and Santa Fe CountiesRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Division announced the indictment of 15 men on federal drug trafficking charges. The 15-count superseding indictment was unsealed today following an early morning multi-agency law enforcement operation resulting in the arrests of 14 of the 15 defendants and the execution of 13 federal search warrants and five seizure warrants. The 15th defendant, who is on conditions of release in a related federal case, is scheduled to appear in court this afternoon.
The superseding indictment is the result of an 18-month investigation by the DEA and New Mexico DEA Region I HIDTA Task Force into a drug trafficking organization allegedly led by David Reynolds, 31, of Albuquerque, N.M., that distributed large quantities of heroin in Bernalillo and Santa Fe Counties. The investigation, code-named “Operation Sand Wedge,” because of Reynolds’ affinity for golf, was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is 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.
The 15-count superseding indictment charges Reynolds and 14 others with conspiracy to distribute heroin in Bernalillo and Santa Fe Counties from Sept. 2012 to Dec. 2013. It also charges Gene Solis, 19, with distributing heroin on three occasions in fall 2012; Humberto Hernandez, Jr., 37, with distributing methamphetamine on seven occasions between Feb. and Aug. 2013; and Jose Martinez-Encinias, 41, with possession of heroin and cocaine in June 2013 with intent to distribute. Martinez-Encinias also is charged with possessing firearms in furtherance of a drug trafficking crime, and Reynolds is charged with money laundering. The superseding indictment also includes forfeiture provisions that seek a money judgment of at least $1.3 million and property and assets obtained directly or indirectly from the commission of the crimes alleged in the indictment.
The 15 defendants charged in the superseding indictment are scheduled to make their initial appearances in federal court in Albuquerque this afternoon. If convicted on the drug trafficking charges in the superseding indictment, each defendant faces a maximum penalty of a mandatory minimum ten years to a maximum of life in prison. If convicted on the firearms charge, Martinez-Encinias also faces a mandatory five year prison sentence to be served consecutive to any prison sentence imposed on the drug trafficking charges. Reynolds faces up to ten years in prison if convicted on the money laundering charge.
An additional defendant, arrested for being a felon in possession of a firearm during today’s operation, also is scheduled to be in court this afternoon. If convicted, he faces a maximum penalty of ten years in prison on that charge.
Martinez-Encinias was arrested during the course of the investigation on June 4, 2013, after the Bernalillo County Sheriff’s Office executed a state search warrant at his residence in the west side of Albuquerque and seized approximately four pounds of heroin, a kilogram of cocaine, 17 firearms and ammunition, and more than $19,000. In addition, authorities obtained approximately 415 grams of methamphetamine, including 324 grams of pure methamphetamine, and approximately 170 grams of heroin through undercover purchases during the course of the investigation. During today’s law enforcement operation, authorities seized approximately two pounds of heroin, approximately $60,000 in cash, three firearms and eleven vehicles.
“Heroin is an insidious drug that is highly addictive, destroys lives and exacts a tremendous toll on society,” said Acting U.S. Attorney Steven C. Yarbrough. “I commend the DEA and the Region I HIDTA Task Force for their unrelenting commitment to bring to justice individuals who, with total disregard for human life, choose to sell heroin and other drugs in our communities.”
“The arrests and seizures in this investigation have dismantled an organization responsible for distributing large quantities of heroin in the Albuquerque area,” said DEA Special Agent in Charge Joseph M. Arabit. “Because the trafficking and abuse of these drugs seriously impact public health and safety in our communities, DEA and its law enforcement partners will continue to work together to bring traffickers to justice and shut down their operations.”
This case was investigated by the Albuquerque office of the DEA and the New Mexico DEA Region I HIDTA Task Force, with assistance from the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorneys Nicholas J. Ganjei and Joel R. Meyers. The following agencies participated in this morning’s law enforcement operation: U.S. Marshals Service, FBI, IRS Criminal Investigation, ATF, Region III HIDTA Multi-Jurisdictional Task Force and New Mexico State Police.
The New Mexico DEA Region I HIDTA Task Force is comprised of officers from the Albuquerque Police Department, Pueblo of Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office and Valencia County Sheriff’s Office. 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.
Defendants Charged in U.S. v. Reynolds, et al., 13-CR-2225 MV
David Reynolds, 31, Albuquerque
Allen Cameron, 48, Albuquerque
Jose Martinez-Encinias, 41, Albuquerque
Humberto Hernandez, Jr., 37, Albuquerque
Erik Barros, 30, Albuquerque
Gene Solis, 19, Albuquerque
Manuel Griego, 34, Santa Fe
Daniel Jiron, 39, Albuquerque
Robert Herrera, 40, Albuquerque
Miguel Baca, 37, Albuquerque
Joe Sanchez, 21, Albuquerque
Arthur Gallegos, 27, Albuquerque
Christopher Ortega, 41, Albuquerque
Teddy Archuleta, 32, Albuquerque
Zebulun Smith, 31, AlbuquerqueDefendant Arrested for Unlawful Possession of a Firearm
David Ben Reynolds, 25, Albuquerque
Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
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Indictment
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Acoma Pueblo Man Serves Thirteen Months for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Maurice Antonio, 34, a member of Acoma Pueblo who resides in Acomita, N.M., was sentenced yesterday to time-served, a total of 410 days in federal and tribal custody, for failure to update his sex offender registration. Antonio will be on supervised release for five years.
Antonio was arrested on Jan. 25, 2013, on an indictment charging him with failing to update his sex offender registration as required by the Sex Offender Registration and Notification Act (SORNA). Antonio has been in federal custody since that time. SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, and/or where the offender is a student, and that the sex offender maintain current registrations.
"Investigating and assisting with the prosecution of the non-compliant and unregistered sex offenders is a primary responsibility of the United States Marshals Service, which contributes to the overall safety and welfare of New Mexico’s many communities," said U.S. Marshal Conrad E. Candelaria. "The Marshals Service will continue to serve as a facilitator of inter-agency cooperation with local, county, state, tribal and federal law enforcement agencies, working collaboratively so that are children can live and play without fear."
According to court filings, Antonio was convicted of a child sexual abuse offense in the U.S. District Court for the District of New Mexico in 2002, and sentenced to five years of probation. As a condition of his probation, Antonio was required to register as a sex offender in the sheriff’s office in his county of residence and to update his registration every 90 days thereafter.
In Oct. 2012, the Pueblo of Laguna Police Department arrested Antonio for violating SORNA after receiving information that he was residing on the Pueblo of Laguna for an extended period without notifying the Pueblo. Subsequent investigation revealed that Antonio had not registered with Pueblo of Laguna or renewed his registration with the Cibola County Sheriff’s Office. Antonio was transferred from tribal custody to federal custody on Jan. 25, 2013.
On Aug. 23, 2013, Antonio pled guilty to the indictment and admitted he had failed to update his sex offender registration since Oct. 29, 2012.
The case was investigated by the U.S. Marshal Service and the Pueblo of Laguna Police Department, and was prosecuted by Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb.
John Charles Mccluskey to Receive Life Prison Sentence for Murdering Oklahoma CoupleRead the Press Release
ALBUQUERQUE –John Charles McCluskey, 48, will receive a life prison sentence for a host of crimes arising out of the carjacking and murder of a couple from Tecumseh, Okla., after a federal jury today announced that it could not reach a unanimous decision on whether to impose the death penalty, announced Acting Assistant Attorney General Mythili Raman for the Justice Department’s Criminal Division, Acting U.S. Attorney Steven C. Yarbrough of the District of New Mexico, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and New Mexico State Police Chief Pete N. Kassetas.
McCluskey was charged with several capital offenses in a 20-count indictment arising out of the Aug. 2, 2010, carjacking and murders of Gary and Linda Haas, both 61, in Quay County, N.M. On Oct. 7, 2013, the jury found McCluskey guilty on all counts of the indictment after an eight-week trial. On Nov. 5, 2013, the jury found McCluskey eligible for the death penalty following a three-week proceeding. The capital trial concluded today when the jury said it was unable to reach a unanimous verdict on the death penalty. McCluskey will receive a sentence of life in prison. The court has not yet scheduled a date for the imposition of the sentence.“During an exceptionally violent criminal episode in the summer of 2010, John Charles McCluskey escaped from prison where he was serving a sentence for attempted murder, committed multiple kidnappings during his interstate flight from justice, and mercilessly killed two innocent victims to eliminate them as witnesses,” said Acting Assistant Attorney General Mythili Raman. “Through the hard work of federal and state law enforcement and Department of Justice prosecutors, McCluskey and his co-defendants have been brought to justice. Our thoughts are with the victims and their family.”
“The men and women on this jury dedicated the last six months of their lives to performing a very difficult, but necessary, civil service. I respect their verdict and thank them for their personal sacrifice,” said Acting U.S. Attorney Steven C. Yarbrough. “Hopefully, the fact that John Charles McCluskey has been found guilty of every count charged and will now spend the rest of his life in prison with no possibility of parole will bring some measure of comfort and closure to the friends and family Gary and Linda Haas left behind. The prosecutors and investigators who so tirelessly have worked toward the pursuit of justice are also to be commended.”
According to the evidence presented at trial, on July 30, 2010, McCluskey and co-defendant Tracy Allen Province, 46, escaped from an Arizona state prison with the aid of co-defendant Casslyn Mae Welch, 47. On Aug. 2, 2010, McCluskey, Province and Welch carjacked Mr. and Mrs. Haas and their pickup truck and camping trailer at a rest stop off Interstate 40 in Quay County. McCluskey shot and killed Mr. and Mrs. Haas in the trailer in a remote location east of Tucumcari, N.M. The three confederates then drove the Haases’ truck and trailer to a remote area in Guadalupe County, N.M., where they unhitched, burned and abandoned the trailer with the Haases’ remains still inside. On Aug. 4, 2010, the New Mexico State Police discovered the burned remains of Mr. and Mrs. Haas in the trailer. Province was arrested in Wyoming on Aug. 9, 2010, and McCluskey and Welch were arrested in Arizona on Aug. 19, 2010, following a nationwide, multi-agency manhunt.
The trial evidence also established that McCluskey has the following prior convictions: convictions in 1993 in Pennsylvania for aggravated assault with a firearm and three armed robberies for which he served 15 years in state custody; convictions in 2009 in Arizona for attempted second degree murder and aggravated assault with a firearm, for which he received a 15-year state prison sentence in Arizona; and convictions in 2011 in Arizona for escape, kidnapping, armed robbery, aggravated assault, and felon in possession of a firearm, for which he received a 43-year prison sentence to run consecutive to his 15-year sentence.
On Jan. 20, 2012, Province and Welch each entered a guilty plea to numerous crimes arising out of the carjacking and murder of Mr. and Mrs. Haas, and both testified during the guilt phase of McCluskey’s trial. Under the terms of his plea agreement, Province will be sentenced to five consecutive terms of life imprisonment without the possibility of release. Welch faces a maximum penalty of life imprisonment under her plea agreement. Both remain in custody pending their sentencing hearings, which have yet to be scheduled.
“A long, painful ordeal for the Haas family has finally come to an end. Nothing we can do or say here today can return Gary and Linda Haas to their loved ones, but we hope this sentence gives them some measure of closure,” said FBI Special Agent in Charge Carol K.O. Lee. “I would like to recognize the FBI investigators and support personnel who contributed to this case, as well as the federal prosecutors, victim/witness specialists, the New Mexico State Police, and U.S. Marshals Service. The Albuquerque FBI Division will continue to combat violent crime in our big cities and small towns by working closely with our state and local partners.”
“I hope the conviction of John McCluskey brings a sense of closure to the family of Gary and Linda Haas,” said New Mexico State Police Chief Pete N. Kassetas. “This was a difficult and complex investigation but is yet another example of the exemplary relationship the New Mexico State Police maintains with our Federal law enforcement partners. I would like to thank the Federal Bureau of Investigation, United States Attorney’s Office, the Criminal Division of the Department of Justice and all the other New Mexico and Arizona law enforcement agencies that participated in the investigation, capture of John McCluskey and subsequent successful prosecution.”
The case was investigated by Albuquerque and Phoenix Divisions of the FBI and the New Mexico State Police. It is being prosecuted by Assistant U.S. Attorneys Linda Mott and Gregory J. Fouratt of the District of New Mexico, and Trial Attorney Michael S. Warbel of the Criminal Division’s Capital Case Section.
Navajo Woman Pleads Guilty to Embezzling Money Belonging to the Mescalero Apache NationRead the Press Release
ALBUQUERQUE – Iris Peterson, 65, an enrolled member of the Navajo Nation residing in Mescalero, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to theft from an Indian Tribal Organization.
Peterson entered a guilty plea to a felony information and admitted embezzling $8,695.00 in funds belonging to the Mescalero Apache Nation between Jan. 2007 and Dec. 2011. During that time, Peterson was a supervisory social worker employed by the BIA Mescalero Social Services Program. Peterson admitted cashing checks intended for juvenile clients who were receiving services from the Social Services Program and using the funds for her personal use.
Peterson entered her guilty plea pursuant to a plea agreement that requires her to pay restitution in the amount of $8,695.00. Under the terms of the plea agreement, the United States will not oppose a sentence of probation if Peterson is ordered to pay restitution. Peterson was released under pretrial supervision pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Office of the Inspector General, U.S. Department of the Interior and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.