District of New Mexico
Press releases recorded for this federal judicial district.
Kirtland, N.M., Man Sentenced to Ten Years in Federal Prison for Discharging a Firearm During a Crime of Violence Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native WomenRead the Press Release
ALBUQUERQUE – Harold Pete, 29, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this afternoon to ten years in federal prison followed by three years of supervised release for discharging a firearm during a crime of violence. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.
Pete was arrested on Jan. 1, 2013, and was charged in a criminal complaint with assault with a dangerous weapon, use of a firearm during and in relation to a crime of violence, and aggravated burglary. He has been in federal custody since his arrest.
In April 2013, Pete entered a guilty plea to a criminal information charging him with the use and discharge of a firearm during and in relation to an assault with a dangerous weapon. In his plea agreement, Pete admitted discharging a firearm during an assault on Dec. 30, 2012. Pete admitted firing a shotgun at the door of his estranged wife’s residence in Ojo Amarillo, N.M., which is in the Navajo Indian Reservation, and discharging the shotgun again after he was inside the residence. At the time, two women, including his estranged wife, and four minor children were in the residence.
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 Special Assistant U.S. Attorney David M. Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and 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 New Mexico Probation Officer Pleads Guilty to Sexual Assault and False Statements ChargesRead the Press Release
ALBUQUERQUE – Gordon Chavez, 35, a former probation officer with the New Mexico Department of Corrections Division of Probation and Parole, pleaded guilty today in federal court in Albuquerque, N.M., to charges related to the sexual assault of a probationer whom he supervised. Chavez pleaded guilty to one count of violating the victim’s right to bodily integrity when he touched her against her will. Chavez also pleaded guilty to one count of making material false statements to the FBI when he denied both inappropriately touching females whom he supervised and asking for naked photos of them.
According to court documents, Chavez, a long-time probation officer, engaged in escalating sexually inappropriate behavior toward the victim, a woman under his supervision since May 2012. As part of probation and parole, the victim was required to attend mandatory meetings at Chavez’s office. During one of those meetings on Nov. 26, 2012, Chavez fondled the victim’s breast through and underneath her shirt without the victim’s consent. Chavez was later captured on a recording apologizing for his actions.
During that same Nov. 26, 2012, meeting with the victim, Chavez also instructed the victim to bring revealing photos of herself on her cellular phone to the next office visit scheduled for Nov. 30, 2012. When the victim brought clothed photos of herself, Chavez specifically asked her to bring naked photos. That conversation was also captured on a recording.
On Dec. 4, 2012, FBI agents conducted a recorded interview of Chavez during which he denied inappropriately touching any female under his supervision. He also denied asking any female under his supervision for naked photographs.
During the plea hearing, Chavez acknowledged that his actions toward the victim were wrong and against the law. Chavez further admitted that he lied to the FBI when he was interviewed about his conduct toward females whom he supervised.
As part of the plea agreement, in addition to a prison sentence, Chavez will forfeit his law enforcement certification. A sentencing hearing has not yet been set.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mark Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division of the Department of Justice.
Santa Ana Pueblo Woman Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Jayleen Armijo, 30, a member and resident of Santa Ana Pueblo, pleaded guilty this morning to a federal assault charge. Armijo entered her guilty plea without the benefit of a plea agreement.
Armijo and co-defendant Benjamin Menchego, 32, also a member and resident of Santa Ana Pueblo, were indicted in Feb. 2013, and charged with assault resulting in serious bodily injury. According to the indictment, Armijo and Menchego assaulted a woman on Dec. 20, 2012, in a location within the Santa Ana Pueblo. According to court filings, 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.
During today’s proceedings, Armijo entered a guilty plea to the indictment and admitted assaulting the victim on Dec. 20, 2013. In entering her guilty plea, Armijo admitted biting the victim, aiding Menchego in assaulting the victim, and leaving the victim with serious injuries. Armijo was remanded into the custody of the U.S. Marshals Service after entering her guilty plea and will be detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Armijo faces a maximum penalty of ten years in federal prison.
Menchego has entered a not guilty plea and is presumed innocent unless found guilty beyond a reasonable doubt in a court of law. He is scheduled for a change of plea hearing tomorrow.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Santa Ana Police Department, and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Mexican National Pleads Guilty to Trafficking Methamphetamine in San Juan CountyRead the Press Release
ALBUQUERQUE – Pricilio Garcia-Jimenez, 40, a Mexican national who resided in Farmington, N.M., entered a guilty plea late yesterday afternoon to methamphetamine trafficking charges. Under the terms of his plea agreement, Garcia-Jimenez will be sentenced to 108 months in federal prison. Garcia-Jimenez, who was in the United States without authorization at the time of his arrest, will be deported after he completes his prison sentence.
Garcia-Jimenez was arrested on May 22, 2012, on a criminal complaint alleging that he sold methamphetamine to an undercover officer in April 2012, in San Juan County, N.M. Garcia-Jimenez has been in custody since that time. In July 2012, Garcia-Jimenez was indicted and charged with distributing methamphetamine in San Juan County on five separate occasions between Nov. 2011 and April 2012.
During this afternoon’s plea hearing, Garcia-Jimenez pleaded guilty to four of the five counts in the indictment and an information charging him with distribution of methamphetamine, and admitted distributing methamphetamine for profit in San Juan County, N.M. In his plea agreement, Garcia-Jimenez admitted distributing methamphetamine to an undercover officer on five separate occasions between Nov. 2011 and April 2012. He further admitted distributing methamphetamine to others on four occasions between Sept. 2011 and Nov. 2011.
Garcia-Jimenez remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations (HSI) and the HIDTA Region II Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
The Region II HIDTA Narcotics Task Force is comprised of officers from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Former Non-Native Employee of Indian Health Services Pleads Guilty to Fraudulent Acquisition of Controlled SubstancesRead the Press Release
ALBUQUERQUE – Jason Lucas, 30, of Albuquerque, N.M., pleaded guilty this morning to the acquisition of a controlled substance through fraud and deception under a plea agreement with the U.S. Attorney’s Office.
Lucas was indicted in Jan. 2013, and charged with five counts of acquiring controlled substances through fraud and deception and three counts of defrauding a health care benefit program by having the program pay for fraudulently acquired controlled substances. According to the indictment, between Feb. 2012 and March 2012, Lucas fraudulently obtained Oxycodone and Hydrocodone by filling fraudulent prescriptions at retail pharmacies in Bernalillo County, N.M. At the time of the crimes alleged in the indictment, Lucas, who is not a Native American, was employed as an emergency medical technician at the Acoma-Canoncito-Laguna (ACL) Service Unit of the Indian Health Services (IHS) in San Fidel, N.M.
During this morning’s proceedings, Lucas pled guilty to Count 5 of the indictment, charging him with obtaining Hydrocodone on March 29, 2012 by using a fraudulent prescription. In his plea agreement, Lucas admitted that he fraudulently obtained blank prescription sheets from the ACL Service Unit and filled out fraudulent prescriptions by forging the names and DEA numbers of two physician assistants employed by the ACL Service Unit. One of the falsified prescriptions was dated March 23, 2012, and Lucas filled the prescription for 90 tablets of Hydrocodone on March 29, 2012.
Lucas remains on conditions of release under pretrial supervision pending his sentencing hearing, which has not yet been scheduled. At sentencing, Lucas faces a maximum penalty of four years in prison and a $250,000. Under the terms of the plea agreement, the remaining seven counts of the indictment will be dismissed when Lucas is sentenced.
This case was investigated by the Office of the Inspector General of the U.S. Department of Health and Human Services and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.Former Executive Director of Gallup Housing Authority Charged with Federal Fraud and Theft OffensesRead the Press Release
ALBUQUERQUE – A federal grand jury has indicted two men from Gallup, N.M., on charges that they engaged in a scheme to defraud the United States and the U.S. Department of Housing and Urban Development (HUD) of more than $100,000. The indictment was announced by Acting U.S. Attorney Steven C. Yarbrough, Phyllis Robinson, Special Agent in Charge of Region 6, HUD Office of Inspector General, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
Danny Garcia, 37, and Michael Virruso, 61, are charged in a 12-count indictment that was filed late yesterday afternoon. The indictment charges Garcia and Virruso with one count of conspiracy and eight counts of making false claims against the United States. It also charges Garcia with three counts of theft from programs receiving federal funds. According to the indictment, from June 2010 through Oct. 2012, Garcia and Virruso engaged in a scheme to steal federal funds provided by HUD to the Gallup Housing Authority (GHA). At the time of the offenses charged in the indictment, Garcia was the Executive Director of GHA.
HUD is a federal agency whose core mission is to make quality, affordable housing accessible to all Americans. It oversees and funds programs designed to provide affordable housing for low-income Americans. One such program is the Capital Fund Program (CFP) which provides grants to public housing agencies for the purpose of making improvements to public housing developments. According to the indictment, GHA is a public housing agency that receives approximately $400,000 in CFP grants each year.
The indictment alleges that as Executive Director of GHA, Garcia was responsible for selecting contractors to carry out GHA projects, reviewing and approving invoices payable by GHA, and requesting HUD funds to pay for GHA projects. It further alleges that in summer 2010, Garcia awarded a contract to remove and replace sidewalks in a GHA housing development to a construction company that employed Virruso (company) and also appointed Virruso to act as safety inspector. While working on the project, Virruso allegedly submitted invoices to GHA for work performed by the company and for which the company received payment, and Garcia allegedly used GHA funds to pay Virruso’s invoices and then obtained reimbursement from HUD’s CFP. According to the indictment, Virruso fraudulently received more than $75,000 through this scheme. The indictment also alleges that Garcia embezzled more than $15,000 of HUD funds by misusing a GHA debit card.
Count 1 of the indictment charges the defendants with conspiracy and carries a maximum penalty of five years of imprisonment and a $250,000 fine on conviction. Counts 2 through 9 each charge the defendants with making false claims against the United States. A conviction on each of these counts carries a maximum penalty of five years of imprisonment and a $250,000 fine on conviction. Counts 10 through 12 each charge Garcia with theft of government property. A conviction on each of these counts carries a maximum penalty of ten years of imprisonment and a $250,000 fine. Charges in indictments are only accusations and defendants are presumed innocent unless proven guilty.
The case was investigated by the Region 6, HUD Office of Inspector General and the Albuquerque Division of the FBI, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.-
Indictment
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Owners of Chinese Restaurants in Rio Rancho and Santa Fe Charged with Harboring Illegal AliensRead the Press Release
ALBUQUERQUE – Wen Ping Chen, 28, and his brother Wen Qiu Chen, 30, made their initial appearances in federal court this morning on criminal complaints charging them with conspiracy and harboring illegal aliens. Ping Chen and Qiu Chen, both naturalized U.S. Citizens born in China, remain in custody pending detention hearings which are scheduled for tomorrow.
The brothers were arrested yesterday afternoon by Homeland Security Investigations (HSI) agents following an investigation into allegations that they were harboring illegal aliens who worked at their restaurants, the Double Dragon Restaurant in Rio Rancho, N.M., which is owned and operated by Ping Chen, and the Double Dragon II, in Santa Fe, N.M., which is owned and operated by Qiu Chen.
According to court filings, in Oct. 2012, HSI agents executed search warrants at the Double Dragon and a Rio Rancho residence owned by Ping Chen and Qiu Chen. The agents allegedly found three illegal aliens at the Double Dragon and another illegal alien in the residence, which served as the residence for all four aliens. All four illegal aliens allegedly worked for Ping Chen at the Double Dragon without authorization.
In May 2013, HSI agents executed search warrants at the Double Dragon II and a Santa Fe residence owned by Qiu Chen, and allegedly found five illegal aliens at the Double Dragon II. The agents allegedly learned that all of the Double Dragon II employees resided in the Santa Fe residence owned by Qiu Chen. The five illegal aliens allegedly worked for Qiu Chen at the Double Dragon II without authorization.
If convicted on the conspiracy charge, Ping Chen and Qiu Chen each face a maximum penalty of five years in prison. If convicted on the harboring charge, each man faces a maximum of ten years in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
These cases were investigated by the Albuquerque office of HSI and are being prosecuted by Assistant U.S. Attorney Norman Cairns.Navajo, N.M., Man Pleads Guilty to Federal Child Sex Abuse ChargeRead the Press Release
ALBUQUERQUE – Cornallsen Cortez, 31, an enrolled member of the Navajo Nation who resides in Navajo, N.M., pleaded guilty this morning to a felony information charging him with abusive sexual contact with a child. Under the terms of his plea agreement, Cortez will be sentenced to nine years in federal prison followed by a term of supervised release to be determined by the court. Cortez also will be required to register as a sex offender.
Cortez was arrested in March 2013, based on a criminal complaint alleging that he sexually abused a 12-year-old child in Nov. 2012, in a residence located on the Navajo Indian Reservation. During today’s proceedings, Cortez pleaded guilty to abusive sexual contact with a minor, and admitted that on Nov. 28, 2012, he sexually abused a 12-year-old child by touching the child inappropriately.
Cortez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque and Gallup offices of the FBI and the Window Rock, Ariz., office of the Navajo Nation Division of Public Safety. It is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni 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/.
Albuquerque Man Pleads Guilty to Robbing Bank of Albuquerque Branch in May 2013Read the Press Release
ALBUQUERQUE – Richard Sedillo, 36, of Albuquerque, N.M., pleaded guilty this morning to a bank robbery charge under a plea agreement with the U.S. Attorney’s Office.
Sedillo was arrested on May 30, 2013, based on a criminal complaint charging him with bank robbery and subsequently was indicted on the same charge on June 12, 2013. According to the indictment, Sedillo robbed the Bank of Albuquerque branch located in the Albertson’s Supermarket at 10131 Coors Blvd. NE in Albuquerque, on May 30, 2013.
During his plea hearing, Sedillo entered a guilty plea to the indictment. In his plea agreement, Sedillo admitted that on May 30, 2013, he approached a bank teller at the Bank and handed the teller a note that “told the teller to hand me money or else I would shoot.” After the teller gave money to Sedillo, Sedillo left the Bank.
Court records reflect that the teller observed Sedillo get into a truck and provided the truck’s license plate number to law enforcement authorities. That information led to Sedillo’s arrest later that day as well as the recovery of most of the money taken by Sedillo during the bank robbery.
Sedillo has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sedillo faces a maximum sentence 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 Paige Messec.
Jicarilla Apache Man Receives Sixty-Six Month Prison Sentence for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Kevin Cavazone, 30, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this afternoon to 66 months in federal prison followed by three years of supervised release for his voluntary manslaughter conviction.
Cavazone pleaded guilty on May 14, 2013, to a felony information charging him with voluntary manslaughter. According to court filings, Cavazone killed David Cachucha, a Jicarilla Apache man, on Nov. 22, 2011, by stabbing him repeatedly in the torso. The crime took place on the Jicarilla Apache Indian Reservation during a fight between Cavazone and the victim. During his plea hearing, Cavazone admitted stabbing the victim in the torso during a fight that began after the two men and several others had been drinking alcohol.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Jicarilla Apache Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Mark T. Baker.
Shiprock Man Sentenced to Prison for Federal Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Jack Belin, Jr., 59, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced to 27 months in federal prison followed by three years of supervised release for his abusive sexual contact conviction. Belin will be required to register as a sex offender after he completes his prison sentence.
Belin was arrested in Oct. 2012, based on an indictment charging him with two counts of abusive sexual contact. According to the indictment, Belin committed the offenses on July 18, 2012, in Indian Country (the Navajo Indian Reservation) in San Juan County, N.M.
On Feb. 6, 2013, Belin entered a guilty plea to Count 2 of the indictment. In his plea agreement, Belin admitted that on July 18, 2012, he intentionally and inappropriately touched the victim without the victim’s consent. Belin was remanded into the custody of the U.S. Marshals Service after entering his guilty plea.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Mescalero Apache Man Sentenced to Thirty-Three Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Paul Francis Hicks, 50, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced in Las Cruces federal court this morning to 33 months in prison followed by 2 years of supervised release for his assault convictions.
Hicks was arrested in March 2012, on a complaint alleging assault with a dangerous weapon and assault resulting in serious bodily injury. He subsequently was indicted on the same two charges.
Hicks pleaded guilty in Dec. 2012, to assaulting a Mescalero Apache woman by slashing her hand with a large hunting knife at the Mescalero Tribal Offices on March 1, 2012. As a result of the assault, the victim suffered tendon and nerve damage that required surgery to repair. Hicks entered his guilty plea without the benefit of a plea agreement.
Court filings reflect that on March 1, 2012, Hicks provoked an argument with the victim, who worked at the Mescalero Tribal Offices. During the argument, Hicks drew a 12-inch hunting knife out of his jacket and threatened to kill the victim. When Hicks attempted to slash the victim’s face, the victim attempted to defend herself by blocking the knife with her left hand. In so doing, the victim sustained a large laceration across the palm of her left hand.
Although Hicks fled from the scene of the assault, he was apprehended by BIA police officers later that day and was taken into tribal custody, where he remained until he was arrested on federal charges on March 20, 2012.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordon of the U.S. Attorney’s Las Cruces Branch Office.Jicarilla Apache Man Sentenced to Twelve Years in Federal Prison for Aggravated Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Gary Sidney Vicenti, 53, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today to 12 years in federal prison followed by ten years of supervised release for his aggravated child sexual abuse conviction. Vicenti will be required to register as a sex offender after he completes his prison sentence.
Vicenti’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Police Chief Kendall P. Vicenti of the Jicarilla Apache Tribal Police Department.
Vicenti was arrested in Nov. 2012, on a criminal complaint alleging that he sexually abused a child under the age of 12 in summer 2011 on the Jicarilla Apache Reservation. In May 2013, Vicenti entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim by inappropriately touching the victim. Vicenti also admitted that his criminal conduct occurred on June 1, 2011, in the Jicarilla Apache Reservation.
The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. It was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez 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/.
Former Albuquerque Fireman Sentenced to Thirty Months in Federal Prison for Structuring Drug Trafficking ProceedsRead the Press Release
ALBUQUERQUE – Steve Chavez, 33, of Albuquerque, N.M., was sentenced today to 30 months in federal prison followed by three years of supervised release for his conviction for structuring currency transactions to avoid a reporting requirement. The court also ordered Chavez, who was a fireman with the Albuquerque Fire Department at the time he committed the offense, to forfeit the sum of $182,000 to the United States.
Chavez’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Joseph M. Arabit of the El Paso Field Division of the DEA, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Chavez was arrested in Jan. 2012, on a 29-count federal indictment charging him and 14 co-defendants with drug trafficking, money laundering and currency structuring offenses. The indictment charged Chavez and his 14 co-defendants with participating in a drug trafficking organization led by Homer Varela (Varela DTO) that distributed cocaine, methamphetamine and marijuana in New Mexico between May 2011 and January 2012. The indictment also charged Chavez with currency structuring and using a communications device to facilitate drug trafficking crimes. The indictment included provisions seeking forfeiture of property constituting, or derived from proceeds obtained from the defendants’ illegal drug trafficking and financial crimes.
In April 2013, Chavez pleaded guilty to a currency structuring charge and admitted that between July 2011 and Aug. 2011, he structured currency transactions for the purpose of avoiding federal reporting requirements for deposits and withdrawals involving more than $10,000. According to his plea agreement, Chavez committed this crime by making 37 cash deposits and withdrawals over a 55-day period as part of a pattern of illegal activity. In his plea agreement, Chavez admitted that the purpose of his structured deposits and withdrawals was to avoid reporting requirements and thus conceal his association with Varela and his support of the Varela DTO. Chavez also admitted brokering cocaine transactions for the Varela DTO and “cleaning” its drug money by structuring financial transactions. According to the plea agreement, in Nov. 2011, Chavez attempted to broker a 20 kilogram cocaine transaction for the Varela DTO. Chavez has been in federal custody since April 2013.
In Jan. 2013, Varela pleaded guilty to conspiracy to distribute controlled substances, conspiracy to launder money and money laundering. In July 2013, Varela was sentenced to 135 months in federal prison followed by five years of supervised release.
An additional six of Chavez’s co-defendants have entered guilty pleas. Another six co-defendants have entered not guilty pleas to the indictment and are pending trial. The 14th co-defendant, Manuel Villa-Mayorquin, has not been apprehended and is considered a fugitive. The charges in the indictment against the seven co-defendants who have not pleaded guilty are only accusations, and they are presumed innocent unless proven guilty beyond a reasonable doubt.
The indictment in this case was the result of a multi-agency investigation into a major drug trafficking and money laundering organization operating out of the Albuquerque metropolitan area that 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.This case was investigated by DEA, IRS and FBI with support from the New Mexico State Police, the Albuquerque Police Department and the El Paso County Sheriff’s Office. The case is being prosecuted by the OCDETF & Gangs Section of the U.S. Attorney’s Office.
Albuquerque Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Curtis Caylor, 60, of Albuquerque, N.M., pleaded guilty this morning to receipt of a visual depiction of minors engaged in sexually explicit conduct under a plea agreement with the U.S. Attorney’s Office.
Caylor was arrested on Dec. 20, 2012, based on an indictment charging him with three counts of receipt of child pornography and two counts of possession of child pornography. The indictment alleged that Caylor received child pornography on three occasions in Sept. 2011 and that he possessed child pornography in Jan. 2012, in Bernalillo County.
During today’s proceedings, Caylor entered a guilty plea to Count 2 of the indictment charging him with receipt of child pornography. In his plea agreement, Caylor acknowledged that investigators with Homeland Security Investigations (HSI) and the New Mexico Internet Crimes Against Children Task Force (New Mexico ICAC Task Force) executed a search warrant at his residence on Jan. 12, 2012 and seized computers and computer-related media. The search warrant was issued based on an undercover investigation by the New Mexico State Police that began in June 2011, and targeted individuals who possessed, received and distributed child pornography. The investigation revealed that an IP Address which was subscribed to Caylor’s residence was being used to download child pornography images and videos through a peer-to-peer file-sharing program.
Caylor also acknowledged that a forensic examination of his computers and computer-related media by HSI and the New Mexico Regional Computer Forensic Lab revealed thousands of images and videos consistent with child pornography. Caylor also acknowledged that HSI sent more than 1000 of these images and 600 of those videos to the National Center for Missing and Exploited Children (NCMEC) and the NCMEC has issued a preliminary report indicating they include 154 videos of 48 children who have been identified as child pornography victims and have been rescued.
At sentencing, Caylor faces a prison sentence of not less than five years and not more than 20 years. He also will be required to register as a sex offender. Caylor remains in federal custody pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Caylor will forfeit his computers and computer-related media.
This case was investigated by the Albuquerque office of HSI, the Online Predator Unit of the NMSP, the New Mexico Regional Computer Forensic Laboratory and other members of the New Mexico ICAC Task Force. It is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees 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 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.
Shiprock, N.M., Man Sentenced to Nineteen Years in Federal Prison for Second Degree Murder and Attempted Robbery ConvictionRead the Press Release
ALBUQUERQUE – Malcolm Altisi, 32, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 19 years in federal prison followed by two years of supervised release for his second degree murder and attempted robbery convictions. Altisi’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.
Altisi and his co-defendant, Emery Whitehair, 21, a Navajo man from Pinon, Ariz., were charged in an eight-count superseding indictment based on events occurring on Oct. 17, 2011, on the Navajo Indian Reservation. According to court records, on that day, Altisi killed Rolan Joe, a 25-year-old Navajo man, after Altisi and Whitehair attempted to rob a different Navajo man earlier that day. The superseding indictment charged Altisi with second degree murder, using a firearm in relation to crime of violence, and assault and attempted robbery offenses. It also charged Whitehair with assaulting the robbery victim with a dangerous weapon, causing the victim serious bodily injury, and using a firearm in relation to a crime of violence.
In March 2013, Altisi entered guilty pleas to the second degree murder and attempted robbery charges. In entering his guilty pleas, Altisi admitted that, on Oct. 17, 2011, he attempted to rob a man at his Shiprock home and brandished a firearm at the robbery victim in an effort to compel the victim to give him money. Altisi also admitted shooting Rolan Joe with a .357 revolver later that day when Mr. Joe traveled to Altisi’s residence to confront Altisi about the attempted robbery. Mr. Joe died as a result of the gunshot wound inflicted by Altisi.
In April 2013, Whitehair pleaded guilty to using a firearm in relation to a crime of violence. Whitehair has been in federal custody since his arrest in Oct. 2011, and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Whitehair faces a prison sentence of not less than seven years and a maximum of life in prison.
The case was prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety.Shiprock Woman Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Tina Benally, 38, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 21 months in federal prison followed by two years of supervised release for her assault conviction.
Benally was indicted on Feb. 27, 2013, and charged with assault resulting in serious bodily injury and child abuse. Benally was arrested on March 6, 2013, and has been in federal custody since that time.
On May 22, 2013, Benally entered a guilty plea to the assault charge and admitted that on March 2, 2012, after drinking alcohol, she drove her vehicle at excessive speeds and crashed into a semi-truck. There were two passengers, including a minor child, in Benally’s vehicle at the time of the collision and the adult passenger suffered multiple fractures that required surgery.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Sanostee, N.M., Man Sentenced to Five Years in Federal Prison for Aggravated Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Lorenzo Begay, 49, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced this afternoon to five years in prison followed by five years of supervised release for his aggravated sexual abuse conviction. Begay will be required to register as a sex offender after he completes his prison sentence.
Begay was arrested in Jan. 2012, on a criminal complaint alleging that he sexually abused a child under the age of 12 from July 2010 through June 2011, within the boundaries of the Navajo Nation Reservation. Begay subsequently was indicted on that same charge. According to court filings, the investigation into Begay was initiated after law enforcement authorities received a referral from the Navajo Nation Division of Social Services after the child victim disclosed the sexual abuse to a school social worker.
On May 15, 2013, Begay entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim. Begay was remanded into federal custody after entering his guilty plea.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Office of the Navajo Nation Division of Public Safety. It was 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/.
San Felipe Pueblo Man Pleads Guilty to Federal Child Sex Abuse ChargeRead the Press Release
ALBUQUERQUE – Orian P. Sandoval, 43, a member and resident of San Felipe Pueblo, pleaded guilty this morning to an indictment charging him with abusing sexual contact with a child between the age of 12 and 16 years. Sandoval entered his guilty plea without the benefit of a plea agreement.
Sandoval was indicted on an abusive sexual contact charge on June 26, 2013, and made his first appearance in federal court on July 11, 2013. According to the indictment, Sandoval engaged in sexual contact with a child between the age of 12 and 16 years on a date between Dec. 1, 2010 and Jan. 31, 2011, in Indian Country located in Sandoval County, N.M.
Today, Sandoval pleaded guilty to the indictment. Sandoval was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and will remain in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sandoval faces a maximum penalty of two years in federal prison and a term of supervised release to be determined by the court. He will be required to register as a sex offender when he completes his prison sentence.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. It is being prosecuted by Assistant U.S. Attorney Paul H. Spiers 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/.
Non-Native Man from Shiprock Pleads Guilty to Federal Child Sex Abuse Charge Involving Navajo ChildRead the Press Release
ALBUQUERQUE – Bruce Hamilton, 77, a non-Native who resides in Shiprock, N.M., pleaded guilty this morning to sexually abusing a minor. Under the terms of his plea agreement, Hamilton will be sentenced to a federal prison term within the range of two to five years followed by a term of supervised release to be determined by the court. Hamilton will be required to register as a sex offender when he completes his prison sentence.
Hamilton and co-defendants Herbert Ben, Sr., 63, and Rosabelle Ben, 58, both members of the Navajo Nation from Shiprock, were arrested in May 2012, based on a criminal complaint alleging child sex abuse offenses. All three subsequently were indicted and charged with sexual abuse of a child between the age of 12 and 16 years, and aiding and abetting the sexual abuse of a child.
Today, Hamilton pleaded guilty to sexual abuse of a ward or minor and admitted sexually abusing a Navajo child between the age of 12 and 15 years on a date between Aug. 2010 and Dec. 2011. Hamilton further admitted committing this crime in a building located within the Navajo Indian Reservation.
Co-defendant Ben, Sr., pleaded guilty on July 31, 2013, to sexual abuse of a minor and admitted that, on a day between Aug. 2010 and Dec. 2011, he sexually abused the victim at a location within the Navajo Reservation. Under the terms of his plea agreement, Ben, Sr., will be sentenced to a federal prison term within the range of two to five years followed by a term of supervised release to be determined by the court. Ben, Sr., also will be required to register as a sex offender.
Co-defendant Rosabelle Ben has entered a not guilty plea and is pending trial. The charges against Rosabelle Ben are merely accusations and she is presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. It is being prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and Novaline D. Wilson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Consultant to Former New Mexico Secretary of State Sentenced to Ten Years in Prison for Conviction for Theft of Federal “Help America Vote Act” (Hava) Funds and Related Obstruction of Justice and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – This afternoon U.S. District Judge William P. Johnson sentenced Armando C. Gutierrez, 65, of Corpus Christi, Texas, to ten years in federal prison followed by three years of supervised release for his convictions for conspiracy, theft of government property, obstruction of justice and money laundering. Gutierrez was ordered to pay $2,500,483 in restitution to the State of New Mexico, including $746,375 which is to be paid jointly with co-defendant Joseph C. Kupfer, 50, of Rio Rancho, N.M. The court previously entered an order requiring Gutierrez to forfeit $2,500,483, including his interest in his Corpus Christi residence, to the United States.
Gutierrez’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, New Mexico Attorney General Gary K. King, Dawn Mertz, Special Agent in Charge of the Phoenix Division of the IRS Criminal Investigation, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
In announcing the sentence, Acting U.S. Attorney Steven C. Yarbrough said, “Those who do business with the government must be held to the same high standards as government officials. When private citizens enter into contracts to provide services paid for with taxpayers’ monies, they become duty bound to provide honest services for the monies they receive. The sentence imposed on Armando Gutierrez today appropriately penalizes him for violating that duty when he stole more than $2,500,000 in taxpayers’ monies and failed to provide any services for that money. When individuals – whether public officials or government contractors – abuse the public’s trust in this way, they corrupt the system and erode the public’s confidence in their government. I commend the New Mexico Attorney General's Office for initiating the investigation of this case, and the IRS and FBI for undertaking the comprehensive and complex investigation that permits us to hold Mr. Gutierrez responsible for stealing from the public he contracted to serve.”
New Mexico Attorney General Gary King said, “I am pleased that the fruits of our investigation were used to help secure convictions against those who violated the public trust. I highly commend our AG investigators for their hard work in tracking down the misuse of public funds that led to this prosecution. I very much appreciate the cooperation extended to my office by the U.S. Attorney’s Office.”
“A lengthy prison sentence is what happens when individuals steal federal funds then obstruct and conceal their crimes. In this case, Mr. Gutierrez misappropriated voter education funds and used the money for his own benefit. IRS Criminal Investigation, along with our law enforcement partners, will continue to aggressively investigate the theft of taxpayer dollars,” stated IRS Criminal Investigation Special Agent in Charge Dawn Mertz.
“Those of us in government entrusted with taxpayer’s hard earned funds have an obligation to see that money is properly spent,” said FBI Special Agent in Charge Carol K.O. Lee. “In this situation, money that was designated to promote a fundamental right and civic obligation was instead stolen by greedy and unscrupulous individuals more concerned with their own comfort and wealth. The FBI appreciates the efforts of its Special Agents, as well as the IRS Criminal Investigation and the New Mexico Attorney General’s Office, to bring these people to justice.”
This case was initiated in Dec. 2010, by the filing of a three-count indictment charging Kupfer and his wife, Elizabeth D. Kupfer, 51, with failing to report at least $768,333 in taxable income during tax years 2004 through 2006, and evading $286,175 in federal taxes. An eleven-count superseding indictment was filed in July 2011, adding Gutierrez as a defendant and five counts charging Gutierrez and Kupfer with conspiracy and theft of government property relating to federal HAVA funds administered by former New Mexico Secretary of State (NMSOS) Rebecca Vigil-Giron. The superseding indictment also charged Gutierrez with two counts of obstruction of justice relating to a federal audit and investigation into the misuse of federal HAVA funds and one count of laundering unlawfully obtained proceeds, and retained the original tax evasion charges against the Kupfers. At the time of the events described in the superseding indictment, Gutierrez and Kupfer were providing consulting services to the NMSOS under HAVA contracts, and Mrs. Kupfer was an employee of the New Mexico Attorney General’s Office (NMAGO) who had been detailed to work for the NMSOS.
The court severed the three tax evasion counts from the other eight counts in the superseding indictment for purposes of trial, and scheduled separate trials for the Kupfers on the three tax evasion charges (the tax trial), and for Gutierrez and Kupfer on the conspiracy, theft, obstruction of justice and money laundering charges (the HAVA trial).
The tax trial commenced on Aug. 13, 2012, and concluded on Aug. 17, 2012, when the jury returned a guilty verdict against the Kupfers on all three tax evasion charges. The evidence established that, during the years 2004 through 2006, Kupfer received income including federal HAVA funds, from Kupfer Consulting (KC), a business owned and operated by Kupfer, and the Kupfers reported income from KC in their joint personal tax returns. During those three years, the Kupfers received $1,304,421 in revenue from KC but reported only $502,541 in their tax returns. The Kupfers concealed approximately $768,333 in income by providing incomplete information to their tax preparer and thus avoided paying taxes on that money.
The HAVA trial began on Jan. 22, 2012 and ended on Jan. 31, 2013, when the jury returned guilty verdicts against Gutierrez and Kupfer on the conspiracy and theft of government property charges, and against Gutierrez on the obstruction of justice and money laundering charges. In summary, the evidence established that, between April 2003 and Dec. 2006, the NMSOS administered almost $20 million in federal HAVA funds, which were designated for voter education, increasing voter registration, and meeting new standards for election administration and voting systems, through a number of contracts. The contracts included a multi-million dollar contract for voting-related advertising awarded to A. Gutierrez and Associates, Inc. (AGA), which was owned and operated by Gutierrez, and three small contracts for increasing voting accessibility for the disabled that were awarded to KC, Kupfer’s business.
According to the evidence, Gutierrez and Kupfer conspired together to defraud the United States by stealing federal HAVA funds and converting the funds to their own use. Between Sept. 2004 and Oct. 2006, AGA received a total of $6,271,810 in federal HAVA funds from the State of New Mexico but Gutierrez submitted documentation supporting only $3,385,151 in services and costs, resulting in an overpayment of $2,500,483 to which AGA was not entitled. In addition to the three small contracts totaling $70,000 which were awarded to KC by the NMSOS, AGA made nine payments totaling $746,375 in federal HAVA funds to Kupfer between Oct. 2004 and Nov. 2006, which far exceeded the value of any work that Kupfer ever actually performed for AGA under the HAVA contract.
In early 2007, the Election Assistance Commission began an audit into the use of federal HAVA funds by the NMSOS. The AGA HAVA contract immediately became the primary focus of the audit because AGA could not provide documentation to support the federal HAVA funds AGA received. In an effort to provide documentation for the federal HAVA funds AGA received, AGA provided 187 fraudulent invoices totaling $1,137,000 that purported to represent payment to media vendors when in fact AGA never paid any vendors based on these invoices. Subsequent to the EAC audit and in response to federal grand jury subpoenas, AGA and KC submitted fraudulent invoices that purported to support the nine payments totaling $746,375 that KC received from AGA between Oct. 2004 and Nov. 2006. Three of these invoices sought payments in the aggregate amount of $236,605 for production of a poll worker training video that was actually produced by another subcontractor at the cost of $75,000.
On May 14, 2013, Mrs. Kupfer was sentenced on her tax evasion conviction to three years in prison followed by three years of supervised release. Mrs. Kupfer also was ordered to pay $288,339 in restitution to the IRS.
Kupfer’s sentencing hearing is scheduled for Sept. 11, 2013. At sentencing, Kupfer faces a maximum penalty of five years in prison on the conspiracy charge, and a maximum penalty of ten years in prison on each of the theft of government property charges. He also may be fined up to $250,000 on each count of conviction.
The case was investigated by the IRS Criminal Investigation and the Albuquerque office of the FBI, with assistance from the New Mexico Attorney General’s Office. The case was prosecuted by Assistant U.S. Attorneys Tara C. Neda, Jeremy Peña and Cynthia L. Weisman.California Man Sentenced to Federal Prison for Fraudulent Cellphone SchemeRead the Press Release
ALBUQUERQUE – A California man was sentenced late Friday afternoon for his role in a scheme to fraudulently obtain high-value cellular phones from retail stores in California, Arizona and New Mexico and to resell the cellular phones for profit. Joshua Ferdman, 25, of Woodland Hills, Cal., was sentenced to 15 months in federal prison followed by three years of supervised release. Ferdman also was ordered to pay $45,715.59 restitution to the victims of the criminal scheme.
Ferdman’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Resident Agent in Charge Richard Ferretti of Albuquerque Resident Office of the U.S. Secret Service, and Chief Allen Banks of the Albuquerque Police Department.
Ferdman and his three co-defendants, Jeffrey Contella, 28, and Joseph Cohen, 26, both of Los Angeles, Cal., and Amir Meir Levi, 36, of Sherman Oaks, Cal., were indicted in Feb. 2012, and charged with (1) conspiracy to transport stolen property and commit access device fraud and (2) access device fraud. Contella, Cohen and Levi entered guilty pleas to the indictment without the benefit of any plea agreement in Jan. 2013. Ferdman entered a similar guilty plea in Feb. 2013.
In entering their guilty pleas, the defendants admitted that, in May 2011, they engaged in a scheme to fraudulently obtain high-value cellphones, including smartphones, from Sprint stores, and resell the cellphones in a Van Nuys, Cal., store owned by Cohen and through an on-line store hosted by EBay. The defendants traveled to Sprint stores throughout California, Arizona and New Mexico and fraudulently obtained significant quantities of cellphones by impersonating Sprint customers and the unauthorized use of the customers’ account numbers. They obtained the phones free of cost by instructing store clerks to bill the cost of the phones to the accounts of the unwitting Sprint customers.
According to court filings, from May 10, 2011 through May 16, 2011, Ferdman and Levi traveled to Sprint stores in California, including stores in Fullerton, Los Angeles, Hollywood, San Francisco, Sacramento and Folsom, to perpetuate their fraudulent scheme. From May 21, 2011 to May 24, 2011, Ferdman and Contella traveled to Sprint stores in Arizona and New Mexico for that same purpose. During this period, Levi wired cash to Ferdman and Contella; Ferdman sent cellphones to Levi via Federal Express; Levi delivered the cellphones to Cohen; and Cohen sold the cellphones. On May 25, 2011, Ferdman, Contella and Levi fraudulently obtained 13 smartphones from a Sprint store in Albuquerque through the unauthorized use of a Sprint customer’s account number. That same day, Ferdman, Contella and Levi attempted to purchase an additional six smartphones from a Sprint store in Albuquerque.
Cohen’s sentencing hearing is scheduled on Sept. 6, 2013 and Levi’s sentencing hearing is set for Aug. 26, 2013. Contella’s sentencing hearing has yet to be scheduled. At sentencing, each faces a maximum penalty of five years in prison and a $250,000 fine on the conspiracy charge, and ten years in prison and a $250,000 fine on the access device fraud charge.
In announcing Ferdman’s sentence, Richard Ferretti, Resident Agent in Charge of the Albuquerque office of the Secret Service, said, “The results of this investigation are an example of the strategic partnerships between the Secret Service, Albuquerque Police Department, United States Attorney’s Office, and our private sector partners. We continue to prioritize investigative cases, focusing on electronic and financial crimes which have a significant community impact in New Mexico.”
The case was investigated by the U.S. Secret Service and the Albuquerque Police Department’s Organized Crime Unit, and is being prosecuted by Assistant U.S. Attorney John C. Anderson.Shiprock Woman Sentenced to 110 Months in Prison for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Pamela Navasie, 42, an enrolled member of the Hopi Tribe who resides in Shiprock, N.M., was sentenced yesterday afternoon to 110 months in federal prison followed by five years of supervised release for her voluntary manslaughter conviction.
Navasie was arrested on Jan. 11, 2011, and charged with killing a 65-year-old Navajo woman at the victim’s Shiprock residence. Navasie has been in federal custody since her arrest.
On Jan. 11, 2013, Navasie pleaded guilty to a felony information charging her with voluntary manslaughter and admitted stabbing the victim in the neck and causing the victim’s death. Navasie admitted stabbing the victim in the heat of passion while the two women were quarreling.
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 Charles L. Barth.
Pine Hill, N.M., Man Sentenced to 87 Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Charlie Cohoe, 33, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., was sentenced on Aug. 8, 2013, to 87 months in prison followed by three years of supervised release for his federal assault conviction.
Cohoe was arrested on Jan. 25, 2013, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. The criminal complaint alleged that, on Jan. 18, 2013, Cohoe repeatedly stabbed and slashed another Navajo man who had agreed to drive Cohoe to a friend’s residence. The assault occurred in Cibola County within the Ramah Navajo Indian Reservation.
On April 10, 2013, Cohoe pled guilty to a felony information, charging him with assault with a dangerous weapon, and admitted assaulting the victim with a knife, causing life-threatening injuries that required surgery. The victim’s face also was disfigured as a result of the assault.
The case was investigated by the Ramah Navajo Police Department with assistance from the New Mexico State Police, the Grants Police Department and the Cibola County Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Kenneth J. Gonzales Resigning as U.S. Attorney for the District of New MexicoRead the Press Release
ALBUQUERQUE – Kenneth J. Gonzales is resigning as U.S. Attorney for the District of New Mexico today in anticipation of taking his judicial oath as a U.S. District Judge tomorrow, Aug. 9, 2013.
Mr. Gonzales was commissioned as U.S. Attorney by President Obama on April 30, 2010, after the U.S. Senate unanimously confirmed his appointment. He was sworn in as the 44th U.S. Attorney for the District of New Mexico on May 3, 2010. As U.S. Attorney, Mr. Gonzales served as the top federal law enforcement official in New Mexico and represented the United States interests in civil cases. He also served as the Co-Chairman of the Border and Immigration Subcommittee of the Attorney General’s Advisory Committee (AGAC) in addition to serving on the AGAC’s Native American Issues Subcommittee, Civil Rights Subcommittee, Environmental Issues Working Group, and Resource Allocation Working Group.
“It has been an honor and a privilege to serve the United States and the people of New Mexico as U.S. Attorney and to work alongside the fine women and men of the U.S. Attorney’s Office (USAO), our partner federal, state, local and tribal law enforcement agencies, and the federal officials and employees we work with and represent on a daily basis,” said Mr. Gonzales. “I am profoundly grateful for the trust placed in me by the President and the Attorney General, and am humbled by the opportunity to continue to serve the public as a federal judge.”
Shortly after assuming the mantle of U.S. Attorney, Mr. Gonzales restructured the USAO’s Criminal Division in Albuquerque to enable the Office to more expeditiously prosecute reactive cases and devote more time and expertise to significant investigations and prosecutions. As reorganized, the Criminal Division was comprised of the General Crimes & Border Security Section (General Crimes), the OCDETF & Gangs Section (OCDETF), the Major Economic Public Integrity & Nation Security Section (Major Crimes), and the first Indian Country Crimes Section ever constituted in any USAO.
Although the Obama Administration and Justice Department identified public safety in Indian Country as a national priority, for Mr. Gonzales, who grew up in the vicinity of the Pueblos of Pojoaque, Tesuque and Nambe, this was a personal priority. Accordingly, one of his first acts as U.S. Attorney was to replace the USAO’s Violent Crimes Section with an Indian Country Crimes Section devoted solely to combating crime in New Mexico’s Indian Country pursuant to a community prosecution strategy. The strategy, based on the community policing model, requires immersion into in the community; getting to know the community’s leaders, police and social services providers; and developing a sense of confidence and trust in the community. By fostering relationships of trust and developing confidence in the justice system, Mr. Gonzales sought to create an environment that encouraged members of New Mexico’s Native communities to more readily report crimes, fact witnesses to come forward, and victims to trust that federal prosecutors would seek justice for them. To implement this strategy, Mr. Gonzales assigned Assistant U.S. Attorney (AUSAs) in the Section as Tribal Liaisons to individual pueblos and tribes, and tasked them with getting to know their assigned communities so that the USAO was better equipped to meet the public safety needs of each pueblo and tribe. Examples of the cases routinely prosecuted by the Indian Country Crimes Section include a life sentence for Nathan Jack who was convicted of suffocating his common-law wife by packing her throat with dirt; a 40 year sentence for Reehahlio Carroll for the felony murder of a nun during a burglary; and a 50 year sentence for a Navajo man who kidnapped and sexually assaulted a disabled teenager.
Mr. Gonzales also implemented two Indian Country pilot projects and expanded on a third. The first was one of only three community prosecution teams funded by the Justice Department as part of its on-going efforts to increase engagement, coordination and action on public safety in tribal communities. Mr. Gonzales’ community prosecution team is stationed in the Eastern Agency of the Navajo Nation. The second was the Tribal Special AUSA Pilot Project sponsored by the Justice Department’s Office on Violence Against Women in response to the epidemic of violence against Native women. Through this pilot project, tribal prosecutors are trained in federal law, procedure and investigative techniques to increase the likelihood that violent offenses against Native women are prosecuted in federal court or tribal court, or both. With respect to the third, Mr. Gonzales supported the Navajo Nation Department of Public Safety’s application to continue the Dlo’ ayazhi Indian Country Project Safe Neighborhoods (PSN) Pilot Project in the Crownpoint District and to expand the program to the Shiprock District. This project – the first PSN project in Indian Country – supports an anti-gang, anti-drug and anti-firearms violence school-based prevention program and a domestic violence reduction program.
Mr. Gonzales charged the General Crimes Section with prosecuting immigration, firearms, bank robbery and non-Indian Country violent crime as well as reactive narcotics cases and discrete white collar crime cases thus enabling the OCDETF and Major Crimes Sections to focus on long-term, proactive investigations and prosecutions. The Section also prosecutes cases brought under “the worst of the worst” anti-violence initiative implemented by Mr. Gonzales in summer of 2010. Under this initiative, the USAO 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 them from communities in New Mexico for as long as possible. Examples of the cases routinely prosecuted by the General Crimes Section include a sentence of life imprisonment for Jeremiah Jackson for killing two women while fleeing the scene of a bank robbery; 40 and 35 year sentences for two El Salvadorans for the felony murder of a cook at a Denny’s Restaurant; the conviction after trial of an El Paso man for possession of 32 pounds of heroin with a retail value of $2.9 million, one of the top ten heroin seizures in the U.S. that year; and a 40 year sentence for an Albuquerque armed career criminal convicted on drugs and firearms charges. In addition, AUSAs in this Section and in the Las Cruces Branch Office prosecuted more than 2500 felony immigration cases and more than 2400 misdemeanor immigration cases.
The OCDETF Section was charged with targeting and dismantling large-scale drug trafficking organizations, prosecuting gang violence, and facilitating enforcement actions against prescription drug trafficking. AUSAs in this Section and in the USAO’s Las Cruces Branch Office lead the investigation and prosecution of major drug trafficking organizations through the OCDETF Program, the centerpiece of the DOJ counter-narcotics strategy that uses prosecutor-led, multi-agency task forces to combat the most serious drug cartels. Given statistics reflecting that, per capita, New Mexico has the nation’s highest heroin and prescription drug overdose death rates and that its drug addiction rates are among the highest in the nation, Mr. Gonzales worked with federal law enforcement agencies and partnered with state, local and tribal law enforcement agencies to investigate and dismantle the drug trafficking organizations that distribute narcotics within New Mexico. Their accomplishments included investigations that resulting in the arrests and prosecution of: 84 defendants in Chaves County on narcotics and firearms charges in Sept. 2011; 20 members of a methamphetamine ring operating in Eddy County in Nov. 2011; eight members of an Albuquerque prescription drug trafficking ring in Feb. 2012; 15 members of an Albuquerque methamphetamine trafficking ring in March 2012; ten members of a Las Cruces methamphetamine trafficking ring in May 2012; 14 members of a Santa Fe cocaine trafficking ring in June 2012; 25 defendants from San Miguel County on drug trafficking charges in Aug. 2012; 18 defendants from Lincoln and Otero Counties on drug trafficking charges in Aug. 2012; 20 individuals on marijuana and cocaine trafficking charges in Sept. 2012; nine defendants on methamphetamine trafficking charges in Oct. 2012; 19 members of an Albuquerque drug trafficking and money laundering ring in Dec. 2012; 21 individuals in Albuquerque on prescription drug charges in Feb. 2013; and 29 individuals from Dona Ana County on drug trafficking charges in May 2013.
Significant accomplishments in the area of political corruption by the Major Crimes Section include a 70 month sentence for Laurie Chapman, the former facilities manager for the New Mexico Corrections Department (NMCD), for soliciting and accepting bribes in exchange for steering NMCD jobs to a roofing company; the conviction after trial of former Albuquerque Police Officer Brad Ahrensfield for obstruction of justice; the convictions after trial of Joseph and Elizabeth Kupfer on tax evasion charges, and Joseph Kupfer and Armando Gutierrez for theft of $2.5 million in federal “Help America Vote Act” funds and obstruction of justice charges; guilty pleas from the former Executive Director of the Taos County Housing Authority and her husband for stealing more than $785,000 in federal funds; and the indictment of former Santa Ana Pueblo Governor Bruce Sanchez for allegedly embezzling $3.6 million from the Indian Pueblo Federal Development Corporation.
The Major Crimes Section’s accomplishments also include a 70 month sentence for a Washington, D.C.-based financial consultant following his conviction after trial on wire fraud charges; a 12 year sentence for Doug Vaughan for operating a Ponzi scheme that defrauded more than 600 investors of $74 million; a 27 month sentence for Albuquerque real estate developer Vincent Garcia for bank fraud; and the indictment of Governor Susana Martinez’s former campaign manager on computer intrusion and false statement charges. On the national security front, the Major Crimes Section recently secured guilty pleas from a former Los Alamos National Laboratories scientist and his wife for violating the Atomic Energy Act and other charges relating to their communication of classified nuclear weapons data to a person they believed to be a Venezuelan government official, and the indictment of a scientist formerly employed by Sandia National Laboratories for allegedly using U.S. government resources and equipment to conduct research for Chinese research institutions.
Mr. Gonzales developed a strong partnership with the Justice Department’s Civil Rights Division that resulted in the joint prosecution of several significant cases and initiation of numerous investigations. This partnership extends not only to criminal matters, but also to civil matters and Mr. Gonzales established a Civil Rights Unit, comprised of AUSAs from both the Criminal and Civil Divisions, to support this important partnership and facilitate its work. Significant accomplishments in the civil rights arena include the conviction of three Farmington men for the racially-motivated assault on a young disabled Navajo man which included the branding of a swastika into the victim’s arm – this was the first case brought under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. They also include the conviction of three former corrections officers in Albuquerque for beating a DUI suspect and attempting to obstruct the investigation into that beating. On the civil front, the USAO obtained a favorable settlement for a disabled tenant in a Fair Housing Act case against his landlord, and reached a settlement with an Albuquerque restaurant under the Americans with Disabilities Act that ensures equal access for individuals with disabilities who use service animals. The USAO’s Civil Division, together with the Special Litigation Unit of the Civil Rights Division, is investigating allegations that Albuquerque Police Department officers engaged in a pattern or practice of use of excessive force, including deadly force, in violation of individuals’ Fourth Amendment rights. In addition to case related work, attorneys from the Civil Rights Division and USAO have collaborated in community outreach activities by making presentations at civil rights and Indian Country conferences and training programs, and have participated in community meetings relating to civil rights concerns within the District of New Mexico.
The USAO’s Civil Division, together with the Justice Department’s Commercial Litigation Branch secured an $11.75 million payment from Science Applications International Corporation to settle allegations that it violated the False Claims Act by charging inflated prices under federal grants to train first responder personnel to prevent and respond to terrorism attacks. It also has developed an affirmative environment justice practice and works with the Justice Department’s Environmental and Natural Resources Division in representing the United States in matters concerning the stewardship of the nation’s natural resources and public lands.
Under Mr. Gonzales’s stewardship, the USAO’s prosecution of cases brought under Project Safe Childhood (PSC), a Justice Department initiative that combats the epidemic of child sexual exploitation and abuse, increased by almost 60% and the number of defendants sentenced to prison terms exceeding 60 months increased by more than 230%.
In July 2011, Mr. Gonzales established a new Asset Recovery Unit staffed with USAO and U.S. Marshal Service personnel and tasked the Unit with responsibility for the USAO’s criminal and civil forfeitures and financial litigation. The new Unit was part of Mr. Gonzales’s multi-pronged approach to combating and dismantling criminal organizations; targeting individuals who were profiting from their illicit activities; and putting the USAO in a stronger position to recover debts owed to the people of the United States. The Asset Recovery Unit’s success is best demonstrated by the $9,841,037 it collected in calendar year 2012, including $8,735,655 collected for criminal and civil fines, penalties and debt, and $1,105,382 from criminal and civil forfeitures, which is almost tripled the amount collected by the USAO in 2011.
Mr. Gonzales, a native New Mexican from Pojoaque, received both his undergraduate and law degrees from the University of New Mexico. After graduating from law school, he served as a Judicial Law Clerk to New Mexico Supreme Court Chief Justice Joseph F. Baca and then joined Senator Jeff Bingamans Washington Office as a Legislative Assistant. From 1999 to May 2010, when he began his tenure as U.S. Attorney, Mr. Gonzales was an AUSA in the USAO for District of New Mexico and prosecuted a wide range of federal offenses. Since 2001, he has served as a Judge Advocate in the United States Army Reserve, and currently holds the rank of Major. He has served as Senior Trial Counsel for the Office of the Staff Judge Advocate, 18th Airborne Corps, Fort Bragg, North Carolina, in support of Operation Enduring Freedom. He presently is assigned to The Judge Advocate Generals Legal Center and School in Charlottesville, Virginia, where he is an Adjunct Professor of Criminal Law.
The U.S. Attorney’s Office for the District of New Mexico is charged with enforcing federal criminal laws in New Mexico, and with representing the federal government in civil litigation in the District. The Office is staffed by 76 AUSAs, four Special AUSAs, 66 support staff members and 14 contractors at offices in Albuquerque and Las Cruces. First Assistant U.S. Attorney Steven C. Yarbrough will be Acting U.S. Attorney until a new U.S. Attorney is nominated by the President and confirmed by the Senate.Mexican National Residing in Valencia County Sentenced to 135 Months in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Hector Manuel Lopez-Valle, 24, was sentenced yesterday to 135 months in federal prison for his methamphetamine trafficking conviction. Two co-defendants previously were sentenced to federal prison terms. Adaucto Chavez-Meza, 20, was sentenced last month to 135 months in federal prison for his methamphetamine trafficking conviction, and Jesus Omar Lopez-Valle, 28, was sentenced in June 2013 to 210 months in federal prison for his methamphetamine trafficking and firearms conviction.
Chavez-Meza, Jesus Lopez-Valle and Hector Manuel Lopez-Valle, all Mexican nationals, were arrested on methamphetamine trafficking charges on March 1, 2012. At the time, the three men were illegally present in the United States and living in Valencia County, N.M. They will be deported after completing their prison sentences.
According to court filings, from Feb. 21, 2012 to March 1, 2012, Jesus Lopez-Valle and Hector Lopez-Valle conspired with Chavez-Meza to sell four pounds of methamphetamine to an individual who, unbeknownst to them, was an undercover officer. The men were arrested in Albuquerque on March 1st, after they displayed more than four pounds of methamphetamine to the undercover officer. During a post-arrest interview, Chavez-Meza admitted that they intended to sell the methamphetamine to the undercover officer for approximately $60,000. Jesus Lopez-Valle also admitted that the three men intended to sell the methamphetamine to the undercover officer, and Hector Lopez-Valle admitted to transporting the methamphetamine from Belen to Albuquerque.
Chavez-Meza pleaded guilty on Feb. 25, 2013, to an indictment charging him with conspiracy and possession of methamphetamine with intent to distribute. Jesus Lopez-Valle and Hector Lopez-Valle each pleaded guilty on March 1, 2013, to a superseding indictment charging them with conspiracy and possession of methamphetamine with intent to distribute. Jesus Lopez-Valle also pleaded guilty to being an illegal alien in possession of firearms. All three men entered their guilty pleas without the benefit of plea agreements.
The case was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Nicholas J. Ganjei and was investigated by the Cross Border Drug Violence Squad of the Albuquerque Division of the FBI and the Las Cruces/Doña Ana County Metro Narcotics Agency.
Former Executive Director of Taos County Housing Authority and Husband Plead Guilty to Federal Conspiracy ChargeRead the Press Release
ALBUQUERQUE – Carmella Martinez, 42, and her husband Paul G. Martinez, 44, both of Arroyo Seco, N.M., each pleaded guilty this morning to conspiracy to commit theft concerning programs receiving federal funds and to commit theft of government property. The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales, David A. Montoya, Inspector General, U.S. Department of Housing and Urban Development (HUD), and Carol K.O. Lee, Special Agent in Charge 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. According to the indictment, between Nov. 2003 and Dec. 2011, Carmella and Paul Martinez stole federal funds provided by HUD to the Taos County Housing Authority (TCHA) for a housing program that provides affordable housing for low-income Americans. During that time, Camella Martinez was employed by the TCHA, initially as a Financial Specialist and later as its Executive Director.
HUD is a federal agency whose core mission is 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. According to the indictment, 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.
During today’s proceedings, Camella and Paul Martinez each pleaded guilty 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, and generally admitted the allegations in the indictment.
In her plea agreement, Camella Martinez admitted that she began issuing fraudulent, duplicate Section 8 HAP checks for the benefit of herself and her husband in 2000. She further admitted that in 2003, Paul Martinez began conspiring with her to steal federal funds by engaging in a scheme to issue and to present fraudulent HAP checks for their mutual benefit. 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. Carmella Martinez acknowledged 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.
At their sentencing hearings, which have yet to be scheduled, Camella and Paul Martinez each face a maximum penalty of five years in federal prison and a $250,000 fine. Under the terms of their plea agreements, the couple will be required to pay at least $786,014.04 in restitution to the victims of their criminal activities. The United States will move to dismiss the remaining 48 counts of the indictment after Camella and Paul Martinez have been sentenced.
This case was investigated by the HUD Office of Inspector General and the Albuquerque Division of the FBI, and is being prosecuted by Assistant U.S. Attorney Shana B. Long.
El Salvadoran Sentenced to Forty Years in Federal Prison for Armed Robbery and Felony Murder ConvictionRead the Press Release
ALBUQUERQUE – Marvin Aguilar-Lopez, 26, of El Salvador, was sentenced earlier today to 40 years in federal prison for his armed robbery and felony murder conviction. He will be deported after he completes his prison sentence. Aguilar-Lopez’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Chief Allen Banks of the Albuquerque Police Department.
Aguilar-Lopez and his co-defendants, Pablo De Leon Ortiz, 34, and Francisco Melgar-Cabrera, 30, both of El Salvador, were indicted in Oct. 2009, and charged with robbery, felony murder and firearms offenses in a nine-count indictment stemming from the armed robbery of the Denny’s Restaurant located at 1602 Coors Blvd. NW in Albuquerque on June 20, 2009, and the murder of Stephanie Anderson, a cook at the restaurant. Aguilar-Lopez and De Leon Ortiz, who had been in state custody since the day of the robbery and murder, were arrested on the federal charges on Oct. 19, 2009.
On April 14, 2010, a ten-count superseding indictment was filed adding Jose “Tito” Humberto Melgar-Cabrera, the brother of Francisco Melgar-Cabrera, as a defendant. Jose Melgar-Cabrera was charged for being an accessory after the fact for assisting Francisco Melgar-Cabrera to avoid apprehension, and he was arrested on April 21, 2010.
A 14-count second superseding indictment was filed on October 14, 2010. The new indictment added four new robbery and firearms offenses against De Leon Ortiz, Aguilar-Lopez and Francisco Melgar-Cabrera. The new charges arose out of the armed robbery of the Lone Star Steakhouse & Saloon located at 10019 Coors Blvd. NW in Albuquerque on June 13, 2009.
On Sept. 30, 2011, Aguilar-Lopez entered guilty pleas to Counts 3 and 4 of the second superseding indictment charging him with the armed robbery of the Denny's Restaurant, and the felony murder of Ms. Anderson. His sentencing hearing was delayed by competency proceedings which concluded with judicial findings of legal competency.
Jose Melgar-Cabrera pleaded guilty to Count 10 of the second superseding indictment charging him with being an accessory after the fact on Sept. 23, 2011, and admitted assisting his brother to flee to avoid apprehension on the day of the armed robbery of the Denny's Restaurant and Ms. Anderson's felony murder. Melgar-Cabrera was sentenced to a 48-month term of imprisonment on Dec. 14, 2011, and faces deportation after he completes his prison sentence.
On Sept. 30, 2011, De Leon Ortiz entered a guilty plea to Counts 4 and 13 of the second superseding indictment, charging him with a felony murder committed during the June 20, 2009 armed robbery of an Albuquerque-area Denny's Restaurant, and the June 13, 2009 armed robbery of an Albuquerque-area Lone Star Steakhouse and Saloon. De Leon Ortiz was sentenced to 35 years in federal prison on March 13, 2013, and will be deported after he completes his prison sentence.
Francisco Melgar-Cabrera has yet to be apprehended and is considered a fugitive. The charges in the second superseding indictment against Francisco Melgar-Cabrera are only accusations, and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Albuquerque Police Department, the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Albuquerque Division of the FBI. The case was prosecuted by Assistant U.S. Attorneys Louis E. Valencia, Presiliano A. Torrez and Roberto D. Ortega.
Crownpoint Woman Pleads Guilty to Federal Involuntary Manslaughter Charge 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., pleaded guilty this morning to a felony information charging her with involuntary manslaughter.
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.
In her plea agreement, Pete 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.
Pete has been in federal custody since her arrest and remains detained pending her sentencing hearing. At sentencing, Pete faces up to eight years in federal prison and will be required to pay restitution to the victims of her criminal conduct.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Carlsbad Man Sentenced to Sixty-Three Months in Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Theodore Robert Larsen, 34, of Carlsbad, N.M., was sentenced this morning in Las Cruces federal court to 63 months in federal prison followed by five years of supervised release for his possession of child pornography conviction. Larsen will be required to register as a sex offender after he completes his prison sentence.
Larsen was arrested in Sept. 2011, based on an investigation by Homeland Security Investigations (HSI), which included the execution of a federal search warrant at his Carlsbad residence. The evidence seized during that search included computers and computer-related media containing child pornography.
Larsen pleaded guilty to possession of child pornography in Nov. 2011, and subsequently entered into an amended plea agreement in April 2013. In entering his guilty plea, Larsen admitted that he knowingly possessed the child pornography found in the residence. Larsen also admitted that he used his computer and the Internet to access and retrieve child pornography, and that he possessed approximately 1,457 images and 264 video clips of child pornography.
This case was investigated by the Las Cruces office of HSI and the Carlsbad Police Department. It was prosecuted by Assistant U.S. Attorney Marisa Lizarraga of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico 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 Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Tyrell Elliot Frank, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a federal assault charge. Under the terms of his plea agreement, Frank will be sentenced to 41 months in federal prison followed by a term of supervised release to be determined by the court.
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.
During today’s proceedings, 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.
Frank has been in federal custody since his arrest on April 1, 2012, and will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
California Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUEQUE – Louie Villegas, 48, of Desert Hot Springs, Calif., pleaded guilty this morning to a federal heroin trafficking charge. Under the terms of his plea agreement, Villegas will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Villegas was arrested on April 18, 2013, at the Greyhound Bus Station in Albuquerque, N.M., after DEA agents found more than a kilogram of heroin concealed in inside the inner soles of his tennis shoes. He subsequently was indicted and charged with possession of heroin with intent to distribute.
During this morning’s proceedings, Villegas entered a guilty plea to the indictment and admitted that, while at the Greyhound bus station in Albuquerque on April 18, 2013, he had a consensual encounter with DEA agents and gave the agents permission to search him and his shoes for contraband. When Villegas handed his left shoe to the agents, it was abnormally heavy. Inside the inner sole of both shoes, the agents found approximately 1.3 kilograms of heroin.
Villegas has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Interdiction Unit of the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.
Non-Native Resident of Pojoaque Pueblo Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Hak Ghun, 62, of Durango, Colo., was sentenced this afternoon to imprisonment for a term of a year and a day followed by two years of supervised release for his tax evasion conviction. Ghun also will be required to pay $249,567 in restitution to the IRS.
Ghun was charged in April 2012, in a three-count indictment with evading an aggregate of $367,809 in federal taxes during tax years 2005, 2006 and 2007. At that time, Ghun was the chief executive officer of BCDS Manufacturing, Inc. (BCDS), a manufacturing company located in Shiprock, N.M. In 2003 and 2004, the Navajo Nation invested economic development funds in BCDS and became the majority owner of the company, and in 2006, obtained a $2.2 million loan for the purpose of expanding the BCDS facility in Shiprock. The indictment alleged that between 2005 and 2007, Ghun used BCDS funds to pay his personal expenses and evaded his personal tax obligations on those funds by concealing his conduct from BCDS’s corporate accountant and by filing false corporate tax returns on behalf of BCDS.
On Feb. 21, 2013, Ghun entered a guilty plea to Count 2 of the indictment charging him with evading federal income taxes in 2006. In entering his guilty plea, Ghun admitted that, during 2005, 2006 and 2007, he was the chief operating officer of BCDS, a company that sought military procurement contracts as a source of economic development for the Navajo Nation, and had access to the company’s bank accounts. Ghun admitted withdrawing funds from BCDS’s bank accounts and spending a significant portion of the funds for himself. Ghun used the funds to make support payments to his ex-wife and paying for luxury cars, hotels stays and gambling. Ghun acknowledged that the funds he misused were taxable as personal income and that he failed to pay taxes on that income.
Ghun admitted receiving gross income of $207,726 in calendar year 2005 and willfully evading approximately $29,197 in federal income taxes. He also admitted receiving gross income exceeding $620,361 in calendar year 2006 and willfully evading approximately $145,156 in federal income taxes, and receiving gross income exceeding $251,435 in taxable income in 2007 and evading approximately $65,214 in taxes.
The case was investigated by the IRS, Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
Non-Native Resident of Pojoaque Pueblo Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Johncarlos Ortiz, 39, a non-native resident of Pojoaque Pueblo, N.M., pleaded guilty this morning to a felony information charging him with receipt of a visual depiction of a minor engaged in sexually explicit conduct charges under a plea agreement with the U.S. Attorney’s Office.
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.
During this morning’s proceedings, 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.
Ortiz was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and he will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Ortiz faces a prison sentence of not less than five years and not more than 20 years followed by a term of supervised release to be set by the court. Ortiz also will be required to register as a sex offender after he completes his prison sentence.
The case was investigated by the Santa Fe office of the FBI, the NMAGO and the New Mexico ICAC Task Force. Assistant U.S. Attorney Jacob Wishard is 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 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.
Federal Jury Finds Two Men Guilty of Participating in Las Cruces-Based Methamphetamine Trafficking RingRead the Press Release
ALBUQUERQUE – Late this afternoon a federal jury in Las Cruces found Ernest Joe Marquez, 44, of Las Cruces, N.M., and Melchor Arroyos, 52, of El Paso, Texas, guilty on methamphetamine trafficking charges after a three-day trial. The guilty verdicts were announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge of the DEA’s El Paso Division, and Thomas G. Atteberry, Special Agent in Charge of the ATF’s Phoenix Division.
Marquez was one of ten defendants charged in a 16-count indictment filed in May 2012. Marquez was arrested on May 24, 2013, as was Arroyos, who was separately charged in a criminal complaint. A superseding indictment was filed in Oct. 2012, charging Marquez, Arroyo and eight co-defendants with participating in a conspiracy to possess methamphetamine with intent to distribute from Jan. 2012 through May 2012. The superseding indictment alleged that members of the conspiracy transported methamphetamine from El Paso, Texas, and Phoenix, Ariz. to Doña Ana County, N.M., where the methamphetamine was distributed to local drug dealers.
Before the superseding indictment was filed, one defendant entered a guilty plea to a charge in the original indictment. Thereafter, eight other defendants entered guilty pleas to various counts in the superseding indictment. Marquez and Arroyos elected to proceed to trial on the following counts of the superseding indictment: Count 1, charging both men with conspiracy to possess methamphetamine with intent to distribute; Count 13, charging Marquez with using a communication device (a telephone) to facilitate a drug trafficking crime; Count 16, charging Marquez with possession of methamphetamine with intent to distribute; and Count 17, charging Arroyos with possession of methamphetamine with intent to distribute.
Trial commenced on July 29, 2013, and concluded late this afternoon when the jury returned verdicts of guilty against Marquez and Arroyos on all counts against them. The evidence at trial established that in March 2012, the DEA received court authorization to conduct a wiretap investigation and listen to communications occurring over Marquez’s telephone. During the investigation, the investigators learned that Marquez was conspiring with others to bring large quantities of methamphetamine from Texas and Arizona to New Mexico so that the drugs could be divided up, repackaged, and sold on the streets of Las Cruces. Among other things, the investigation revealed that in April 2012, Marquez sent two women to Arizona to pick up a pound of methamphetamine. Through intercepted conversations, the investigators learned that, after taking possession of the methamphetamine, Marquez sold the methamphetamine to local drug dealers.
The investigation also revealed that in May 2012, Marquez made arrangements for the delivery of another pound of methamphetamine. This time, Arroyos was responsible for delivering the methamphetamine. After Arroyos’ initial attempt to deliver the methamphetamine to Marquez was unsuccessful, the two men had a telephone conversation during which they made arrangements for Arroyos to deliver the methamphetamine to Marquez at his home. Before Arroyos could make the delivery, he was arrested by an officer who executed a traffic stop on Arroyos’ vehicle and found a pound of methamphetamine hidden in the engine area of the vehicle.
The jury deliberated for approximately four hours before returning guilty verdicts against Marquez and Arroyos.
At sentencing, Marquez and Arroyos each faces a minimum of ten years to a maximum of life imprisonment and a $10 million fine. Marquez and Arroyos have been in federal custody since their arrests in May 2012, and they remain detained pending their sentencing hearings which have yet to be scheduled.
The case was investigated by the Las Cruces offices of the DEA and ATF, with assistance from the U.S. Border Patrol, Hatch Police Department, Motor Transportation Division of the New Mexico Department of Public Safety, New Mexico State Police, Las Cruces/Doña Ana County Metro Narcotics Agency, and Las Cruces Police Department Gang Task Force. It is being prosecuted by Assistant U.S. Attorneys Marisa Lizarraga, Aaron O. Jordan and Sarah M. Davenport.
The case was the result of a five-month investigation led by the DEA and ATF, which 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.
Beclabito, N.M., Man Sentenced to Federal Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Joel Rodriguez, 37, a Cuban refugee who resides of Albuquerque, N.M., was sentenced this afternoon to ten years in federal prison followed by three years of supervised release for his Hobbs Act robbery conviction.
Rodriguez was arrested in Nov. 2011 in a two-count indictment charging him with (1) violating the Hobbs Act by robbing a business engaged in interstate commerce, and (2) being a felon in possession of a firearm. The indictment charged Rodriguez with robbing a business engaged in payday and short term loans at gunpoint on May 17, 2011. At the time, Rodriguez was prohibited from possessing firearms or ammunition because he previously had been convicted of three felony offenses in the Second Judicial District Court for the State of New Mexico, including trafficking in controlled substances and aggravated assault with a deadly weapon.
Rodriguez pleaded guilty on June 6, 2013, to Count 1 of the indictment charging him with a Hobbs Act robbery at a Check ‘n Go, located at 2810 Coors Blvd. NW in Albuquerque on May 17, 2011. In entering his guilty plea, Rodriguez admitted entering the business, threatening an employee with violence, and demanding money.
This case was brought 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.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Albuquerque Police Department and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.Beclabito, N.M., Man Sentenced to Federal Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Stanford Benally, 42, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., was sentenced this afternoon to 30 months in federal prison followed by five years of supervised release for his involuntary manslaughter conviction.
Benally was arrested on Sept. 11, 2012, on an indictment charging him with second degree murder and involuntary manslaughter. The second degree murder charge alleged that, on May 19, 2012, Benally caused the death of a minor female by serving her liquor and failing to provide care and seek medical attention for her in a manner that evinced a callous and wanton disregard for human life. The involuntary manslaughter charge alleged that Benally caused the death of the victim, who was unconscious and intoxicated, by negligently failing to provide care or to seek medical assistance for the victim.
Benally pleaded guilty on March 22, 2013 to an involuntary manslaughter charge and admitted that on May 19, 2012, he killed his daughter by negligently failing to provide care or seeking medical assistance for her even though he knew she was unconscious and intoxicated. He further admitted that his criminal act took place on the Navajo Indian Reservation.
As required by the plea agreement, the second degree murder charge was dismissed after Benally was sentenced.
This case was prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.
Albuquerque Man Pleads Guilty to Federal Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Reese Chancellor, 31, of Albuquerque, pleaded guilty this morning to conspiracy and identity theft charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Chancellor will be subject to a ten month prison sentence followed by a term of supervised release to be determined by the court. Chancellor also will be required to pay $124,708.71 in restitution to the businesses that were victims of his criminal conduct.
Chancellor and his co-defendants, Jeremy Bacuccini, 35, and Mitzi Marsh, 55, both of Albuquerque, were indicted in Nov. 2012, on identity theft, aggravated identity theft and conspiracy charges. According to the 11-count indictment, the three defendants unlawfully used the identities of others to commit crimes in 2007 and 2008. According to the indictment, the three defendants used counterfeit access devices, like credit cards, opened in the names of others and without their permission to fraudulently obtain items valued at more than $1,000.00. Court filings indicate that the co-conspirators were responsible for approximately $124,708.71 in losses sustained by the retailers.
This morning, Chancellor entered guilty pleas to Counts 3 and 7 of the indictment, charging him with conspiracy to commit identity theft, and Count 8, charging him with identity theft. In his plea agreement, Chancellor admitted that, while working at an Albuquerque apartment complex in Oct. 2007, he obtained unauthorized access to tenant files and used the names and identifiers of the tenants to make fake IDs and counterfeit checks. Chancellor further admitted that Bacuccini and Marsh used the fake IDs and counterfeit checks to make fraudulent purchases at numerous retailers, including Home Depot, Zales, Lowe’s, Costco, Sears, Sam’s Club and Sears, valued in aggregate at approximately $124,708.71.
Co-defendant, Bacuccini pleaded guilty on June 17, 2013, to Count 6 of the indictment, charging him with aggravated identity theft. In his plea agreement, Bacuccini admitted that, in Dec. 2007 and Jan. 2008, he used the names and personal identifiers of four individuals, which he obtained from Chancellor, to open accounts at businesses in Albuquerque and Santa Fe and make purchases. He also admitted using fake checks in the names of two of the individuals to make purchases at Albuquerque businesses. Bacuccini also admitted making fake checks using bank account numbers provided by Marsh, who worked at a physician’s office. Bacuccini acknowledged that he and Chancellor are jointly responsible for $30,431.70 in losses sustained by retailers as a result of their criminal conduct. Under the terms of his plea agreement, Bacuccini will be sentenced to two years in federal prison and will be required to make full restitution to the victims of his criminal conduct. Bacuccini is in custody pending his sentencing hearing, which has yet to be scheduled.
Marsh has yet to be arrested and is considered a fugitive. The charges against Marsh are merely accusations and she is presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Cynthia L. Weisman.Shiprock, N.M., Man Pleads Guilty to Federal Child Sex Abuse ChargeRead the Press Release
ALBUQUERQUE – Herbert Ben, Sr., 63, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty earlier today to sexually abusing a minor under a plea agreement with the U.S. Attorney’s Office.
Ben, Sr., and co-defendants Rosabelle Ben, 58, and Bruce Hamilton, 77, also members of the Navajo Nation from Shiprock, were arrested in May 2012, based on a criminal complaint alleging child sex abuse offenses. All three subsequently were indicted and charged with sexual abuse of a child between the age of 12 and 16 years, and aiding and abetting the sexual abuse of a child.
Today Ben, Sr., entered a guilty plea to sexual abuse of a minor and admitted that, on a day between Aug. 2010 and Dec. 2011, he sexually abused the victim at a location within the Navajo Reservation.
Under the terms of the plea agreement, Ben, Sr. will be sentenced to a federal prison term within the range of two to five years followed by a term of supervised release to be determined by the court. Ben, Sr. also will be required to register as a sex offender. Ben, Sr. was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and he will remain detained pending his sentencing hearing, which has yet to be scheduled.
Co-defendants Rosabelle Ben and Hamilton have entered not guilty pleas and are pending trial. The charges against Rosabelle Ben and Hamilton are merely accusations and they are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
The case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and Novaline D. Wilson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Bernalillo, N.M., Woman Pleads Guilty to Defrauding Wal-Mart and Other Major RetailersRead the Press Release
ALBUQUERQUE – Veronica Benavidez, 38, of Bernalillo, N.M., pleaded guilty this morning to a federal wire fraud charge under a plea agreement with the U.S. Attorney’s Office.
During her plea hearing, Benavidez entered a guilty plea to a felony information charging her with wire fraud. The information alleged that from Jan. 2010 through Dec. 2010, Benavidez engaged in a scheme to defraud major retailers, primarily Wal-Mart stores located throughout the country and outside of New Mexico, by falsely claiming that she purchased merchandise from the stores which was mistakenly sent to other customers. Benavidez then requested and obtained refunds for merchandise that she had not purchased and to which she was not entitled. To perpetuate the scheme, Benavidez requested refunds in her own name and several others and requested that the refunds be sent to various locations in New Mexico, including Albuquerque and Rio Rancho, in the form of MoneyGram wire transfers and Wal-Mart pre-paid money cards. As a result of Benavidez’s illegal scheme, retailers transferred approximately $12,599.58 to Benavidez in New Mexico.
In her plea agreement, Benavidez admitted perpetuating the scheme described in the felony information. She also admitted using cell phones to contact the stores to fraudulently claim refunds. More specifically, Benavidez admitted using cell phones to make 26 calls to 26 stores between Jan. 12, 2010 and Dec. 31, 2010, and receiving approximately $12,599.58 in fraudulent refunds.
At sentencing, Benavidez faces a maximum possible sentence of 20 years in prison and a $250,000 fine. The plea agreement requires that Benavidez make full restitution to the victims of her criminal conduct, which is estimated at $39,331.70. Benavidez’s sentencing date has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Mary L. Higgins.
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Second Mexican National Pleads Guilty to Participating in Conspiracy to Distribute 3000 Kilograms of MarijuanaRead the Press Release
ALBUQUERQUE – Jerome Dominic Concha, 20, a member and resident of Jemez Pueblo, was sentenced this afternoon to 57 months in federal prison followed by three years of supervised release for two assault convictions. Concha also was ordered to pay $13,359.38 to the Indian Health Services in Taos and Jemez Pueblos to cover the costs of medical care for the victims of Concha’s assaults.
Concha was arrested on Feb. 15, 2012, and charged with assaulting a Taos Pueblo man on Jan. 7, 2011. Concha pleaded guilty to an assault charge on July 27, 2012, and admitted seeking the victim out, knocking him to the ground, and repeatedly striking him about the head and face. The victim had to undergo surgery to repair the extensive damage to the bone structure of the orbit of the eye and nasal bone fractures he sustained as a result of Concha’s assault.
While on release under pretrial supervision and awaiting sentencing on the Jan. 7, 2011 assault, Concha was again arrested on Jan. 10, 2013, on another assault charge. In Feb. 2013, Concha was indicted and charged with assault resulting in serious bodily injury. According to court records, on Jan. 1, 2013, Concha repeatedly struck a Jemez Pueblo man in the face and head with a hatchet in a residence on Jemez Pueblo. On April 22, 2013, Concha pleaded guilty to this second assault and admitted assaulting the victim with a hatchet. The victim sustained serious injuries, including a depressed skull fracture, a fracture to the jaw and upper palate, and the loss of multiple teeth, as a result of the assault.
These cases were investigated by the Albuquerque office of the FBI with assistance from the Taos Police Department and the Pueblo of Jemez Police Department, and were prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Second Mexican National Pleads Guilty to Participating in Conspiracy to Distribute 3000 Kilograms of MarijuanaRead the Press Release
ALBUQUERQUE – Jose Domingo Jasso-Topete, 34, a Mexican national illegally present in the United States, pleaded guilty this morning in Las Cruces federal court to conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.
Jasso-Topete is one of eight Mexican nationals arrested shortly after midnight on March 24, 2012, by U.S. Border Patrol agents after agents observed five vehicles breach the International Border Fence south of Animas, N.M. The agents conducted surveillance as the vehicles drove northbound in a convoy and moved in when four of the vehicles crashed into each other. The agents eventually apprehended eight individuals and took control of the four vehicles which contained approximately 3,154 kilograms of marijuana.
The eight defendants initially were charged in four criminal complaints and subsequently indicted together and charged with conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute. Four of the defendants also were charged with re-entering the United States after prior deportation.
During today’s proceedings, Jasso-Topete entered guilty pleas to Counts 1 and 2 of the indictment charging him with conspiracy to possess marijuana with intent to distribute and possession of more than 1,000 kilograms of marijuana with intent to distribute. In his plea agreement, Jasso-Topete acknowledged that on March 24, 2013, he was in a vehicle that was part of a five-vehicle convoy that smuggled approximately 3,000 kilograms of marijuana from Mexico into the United States. Jasso-Topete admitted that on the night of March 24, 2013, he and seven others crossed from Mexico into New Mexico and drove through the desert until they were apprehended by Border Patrol Agents. He further admitted that all five vehicles, which were covered with camouflage tarps and driven without headlights, were loaded with marijuana that they intended to deliver to other individuals in the United States.
At sentencing, Jasso-Topete faces a prison sentence of not less than ten years and not more than life imprisonment. He will be deported after he completes his prison sentence. Jasso-Topete has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Co-defendant Francisco Flores-Enriquez, 26, also a Mexican national illegally present in the United States, entered a guilty plea on July 26, 2013, to Count 1 of the indictment, the conspiracy charge. He, too, faces a prison sentence of not less than ten years and not more than life imprisonment and will be deported after he completes his prison sentence.
The remaining six co-defendants have entered not guilty pleas and are detained pending trial. The charges in the indictment against the co-defendants are merely accusations and the co-defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Deming, N.M., office of HSI and the Lordsburg, N.M., office of the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.
Prior Sex Offender Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – John W. Vandermeer, 62, of Albuquerque, N.M., pleaded guilty this morning to receipt of a visual depiction of minors engaged in sexually explicit conduct. Under the terms of his plea agreement, Vandermeer will be sentenced to 15 years in federal prison followed by a lifetime of supervised release. Vandermeer also will be required to register as a sex offender. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Robert W. Shilling of the New Mexico State Police (NMSP).
Vandermeer was arrested on Dec. 4, 2012, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M., between Jan. 2011 and Nov. 2012. On Dec. 19, 2012, Vandermeer was indicted and charged with three counts of receipt of child pornography and two counts of possession of child pornography. The indictment alleged that Vandermeer received child pornography from Jan. 2009 through April 16, 2011 and that he possessed child pornography in Dec. 2012, in Bernalillo County.
During today’s proceedings, Vandermeer entered a guilty plea to Count 3 of the indictment charging him with receipt of child pornography. In his plea agreement, Vandermeer acknowledged that HSI and NMSP executed a search warrant at his residence on Dec. 4, 2012 and seized computers and computer-related media. The search warrant was issued based on an undercover investigation by the NMSP that began in Nov. 2012, and targeted individuals who possessed, received and distributed child pornography. The investigation revealed that an IP Address which was subscribed to Vandermeer was being used to download child pornography images and videos through a peer-to-peer file-sharing program.
Vandermeer also acknowledged voluntarily participating in a recorded interview on Dec. 4, 2012, during which he admitted downloading child pornography images and videos of prepubescent children. Vandermeer also admitted having a prior conviction for raping a child under the age of 14 years from Massachusetts. According to court filings, during the interview, Vandermeer stated that he moved from Massachusetts to Albuquerque in 1987 after he was convicted of child rape. Vandermeer also stated that he was involved in Albuquerque theater productions involving children.
Vandermeer faces the enhanced penalty of a mandatory minimum 15 year prison sentence because of his prior sex offense conviction. He remains in federal custody pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Vandermeer will forfeit his computers and computer-related media.
This case was investigated by the Albuquerque office of HSI, the Online Predator Unit of the NMSP and the New Mexico Regional Computer Forensic Laboratory. It is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees 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 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.
Navajo Man from Chichilta, N.M., Sentenced to Ten Years in Federal Prison for Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Timothy Ignacio Duboise, 28, an enrolled member of the Navajo Nation who resides in Chichilta, N.M., was sentenced this afternoon to ten years in federal prison followed by six years of supervised release for his aggravated child sexual abuse conviction. Duboise will be required to register as a sex offender after he completes his prison sentence.
According to the criminal complaint filed in the case, the FBI initiated a criminal investigation into Duboise after the Navajo Division of Social Service reported an allegation of child sexual assault. Duboise was arrested on July 30, 2012, and has been in federal custody since that time.
Duboise pleaded guilty on Feb. 27, 2013, to an aggravated sexual abuse charge and admitted that, between July 15, 2011 and Aug. 15, 2011, he sexually assaulted a Navajo child by touching the child’s genitals. Duboise further admitted that the sexual assault occurred on the Navajo Indian Reservation.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety and with the assistance of the Navajo Division of Social Services. The case was 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/.
Laguna Pueblo Man Pleads Guilty to Two Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Dennis George Cheresposy, 49, a member and resident of the Pueblo of Laguna, pleaded guilty this morning to two assault charges announced U.S. Attorney Kenneth J. Gonzales, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Chief Michelle F. Ray of the Pueblo of Laguna Police Department.
Cheresposy was arrested on Jan. 18, 2013, on a two-count indictment charging him with (1) assault with a dangerous weapon and (2) assault resulting in serious bodily injury. According to the indictment, Cheresposy used his fists and boots to assault another man on Oct. 20, 2011, causing the victim to suffer serious injuries.
During this morning’s proceedings, Cheresposy pled guilty to Count 2 of the indictment, charging him with assault resulting in serious bodily injury, and a felony information charging him with assaulting a man with his hands and feet on May 3, 2012.
In entering his guilty plea to Count 2 of the indictment, Cheresposy admitted that on Oct. 20, 2011, he kicked and punched a Laguna Pueblo man, who suffered multiple rib fractures as a result of the assault. Cheresposy also admitted that the assault occurred on a ranch run by the Pueblo of Laguna Cattle Association which is located in the Pueblo of Laguna.
In pleading guilty to the felony information, Cheresposy admitted that on May 3, 2012, he kicked and punched another Laguna Pueblo man who suffered a fractured eye orbit and bulging disc as a result of the assault. Cheresposy further admitted that this second assault occurred in a location within the Pueblo of Laguna.
Cheresposy has been in federal custody since his arrest in Jan. 2013 and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Cheresposy will be sentenced to 30 months in federal prison followed by a term of supervised release to be determined by the court.
These cases were investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department and are being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Albuquerque Man Pleads Guilty to Using a Firearm to Rob a Pharmacy of Prescription PainkillersRead the Press Release
ALBUQUERQUE – James Phillip Tafoya, 43, of Albuquerque, N.M., entered a guilty plea this morning to using a firearm in relation to a crime of violence under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Tafoya will be sentenced to seven years in federal prison followed by a term of supervised release to be determined by the court.
Tafoya was arrested in Jan. 2013 on a three-count indictment charging him with (1) violating the Hobbs Act by robbing a business involved in interstate commerce, (2) using a firearm in relation to a crime of violence, and (3) theft of medical products. Count 1 of the indictment alleged that Tafoya robbed an employee of an Albuquerque-area CVS Pharmacy at gunpoint on Nov. 3, 2012, and stole Oxycodone and Oxycontin. Count 2 alleged that Tafoya used a firearm to perpetuate the robbery, and Count 3 alleged that Tafoya used violence and the threat of violence to unlawfully take pre-retail medical products.
This morning, Tafoya pleaded guilty to Count 2 of the indictment. In entering his guilty plea, Tafoya admitted that on Nov. 3, 2012, he committed armed robbery of the CVS store located at 9640 Menual Blvd NE, in Albuquerque. Tafoya stated that he entered the store, displayed and brandished a firearm in order to intimidate the clerk, and demanded that the clerk give him Oxycodone and Oxycontin. He also admitted knowing that CVS is a business engaged in interstate commerce, and that he used a firearm to knowingly and unlawfully take pre-retail medical products through the threat of violence or force.
Tafoya has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of the plea agreement, Counts 1 and 3 of the indictment will be dismissed after Tafoya is sentenced.
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 Jon K. Stanford. The case was brought as part of a new law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This new initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the 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 our communities for as long as possible.
Mexican National Plead Guilty to Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – Francisco Flores-Enriquez, 26, a Mexican national illegally present in the United States, entered a guilty plea this afternoon in Las Cruces federal court to conspiracy to possess more than 1,000 kilograms of marijuana with intent to distribute. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.
Flores-Enriquez was one of eight Mexican nationals arrested shortly after midnight on March 24, 2012, by U.S. Border Patrol agents after agents observed five vehicles breach the International Border Fence south of Animas, N.M. The agents conducted surveillance as the vehicles drove northbound in a convoy and moved in when four of the vehicles crashed into each other. The agents eventually apprehended eight individuals and took control of the four vehicles which contained approximately 3,154 kilograms of marijuana.
The eight defendants initially charged in four criminal complaints and subsequently indicted together and charged with conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute. Four of the defendants also were charged with re-entering the United States after prior deportation.
During today’s proceedings, Flores-Enriquez entered a guilty plea to Count 1 of the indictment charging him with conspiracy to possess marijuana with intent to distribute. In his plea agreement, Flores-Enriquez admitted that on March 24, 2013, he was in a vehicle that was part of a five-vehicle convoy that smuggled approximately 3,000 kilograms of marijuana from Mexico into the United States. Flores-Enriquez admitted that on the night of March 24, 2013, he and seven others crossed from Mexico into New Mexico and drove through the desert until they were apprehended by Border Patrol Agents. He further admitted that all five vehicles, which were covered with camouflage tarps and driven without headlights, were loaded with marijuana that they intended to deliver to other individuals in the United States.
At sentencing, Flores-Enriquez faces a prison sentence of not less than ten years and not more than life imprisonment. He will be deported after he completes his prison sentence. Flores-Enriquez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Flores-Enriquez’s seven co-defendants have entered not guilty pleas and are detained pending trial. The charges in the indictment against the co-defendants are merely accusations and the co-defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Deming, N.M., office of HSI and the Lordsburg, N.M., office of the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.
Federal Jury Finds Mexican National Guilty on Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict late yesterday afternoon against Yuren Aranda-Diaz, 34, a Mexican national illegally in the United States, on drug trafficking and firearms charges after a two-day trial. The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Ray Schultz of the Albuquerque Police Department (APD).
Aranda-Diaz was arrested on Oct. 2, 2012, on a criminal complaint on drug trafficking, firearms and immigration charges after he sold heroin to an APD informant. Thereafter, Aranda-Diaz was indicted and charged with (1) being an alien in possession of a firearm; (2) being a felon in possession of a firearm; (3) possession of heroin with intent to distribute; (4) distribution of heroin; (5) using and carrying a firearm in relation to a drug trafficking crime; and (6) unlawful re-entry into the United States after previously having been deported.
Court filings reflect that Aranda-Diaz was prohibited from possessing firearms because he was an alien illegally in the United States. He also was prohibited from possessing firearms because he previously had been convicted of re-entry by a deported alien on two occasions, being a felon in possession of a firearm, and being an alien in possession of a firearm in the U.S. District Court for the District of New Mexico. He also previously had been convicted for possession of cocaine in the 2nd Judicial District Court for the State of New Mexico.
On the morning of July 24, 2013, Aranda-Diaz entered guilty pleas to Counts 1, 2 and 6 of the indictment and immediately thereafter proceeded to trial on Counts 3, 4 and 5 of the indictment. The trial of the case concluded late yesterday afternoon when the jury returned a verdict finding Aranda-Diaz guilty on all three counts.
The evidence at trial established that on the afternoon of Oct. 2, 2012, a confidential informant working for APD purchased an ounce of heroin from Aranda-Diaz for $750.00, in the vicinity of 5th Street and Menaul Blvd. NW, in Albuquerque. Shortly thereafter, APD officers arrested Aranda-Diaz and recovered the $750.00 used by the informant to purchase the heroin. The officers also found a loaded pistol on the front seat of the passenger seat of Aranda-Diaz’s vehicle. The jury deliberated for less than two hours before returning a guilty verdict on the three counts that were tried.
Aranda-Diaz has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Aranda-Diaz faces a maximum sentence of ten years in prison on each of Counts 1, 2 and 6 of the indictment and 20 years in prison on each of Counts 3 and 4. Aranda-Diaz also faces a mandatory five years in prison on Count 5 which must be served consecutive to any prison sentence imposed on the other five counts of the indictment.
This case was investigated by the Albuquerque office of HSI and APD, and is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Novaline D. Wilson.
Farmington Man Pleads Guilty to Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Martin Moreno, 52, of Farmington, N.M., pleaded guilty earlier today to drug trafficking and firearms charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Moreno will be sentenced to 15 years in federal prison. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Commander of the Region II Narcotics Task Force.
Moreno was arrested on March 8, 2012, on a criminal complaint charging him with drug trafficking offenses. Moreno subsequently was charged in a seven-count second superseding indictment with possession of methamphetamine, cocaine and marijuana with intent to distribute; using and carrying a firearm in furtherance of a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition. According to court records, Moreno possessed the narcotics, numerous firearms and ammunition on Feb. 27, 2012, in San Juan County, N.M. At the time, Moreno was prohibited from possessing firearms and ammunition because he previously had been convicted of trafficking cocaine in the 11th Judicial District Court for the State of New Mexico in San Juan County. Moreno was arrested on state charges on Feb. 27, 2012, which were dismissed after the federal charges were filed.
The charges against Moreno arose from evidence seized on Feb. 27, 2012, when the Region II Narcotics Task Force and HSI executed a search warrant authorizing searches of Moreno’s residence, two storage lockers and truck. They also were based on Moreno’s post-arrest statement which included an acknowledgement that he was the owner of the contents of the storage lockers and his truck.
This morning, Moreno entered a guilty plea to all seven counts of the second superseding indictment. In his plea agreement, Moreno admitted that on Feb., 27, 2012, he possessed approximately 120 grams of methamphetamine, a kilogram of cocaine and a kilogram of marijuana, all of which were stored in a storage locker in Farmington. He also admitted keeping a stolen pistol and ammunition in the storage locker for the purpose of protecting the drugs.
Moreno also admitted that in a different storage locker, he stored 14 firearms, including a machine gun, shotguns, hunting rifles and semi-automatic rifles. He acknowledged that as a convicted felon, he was prohibited from owning firearms.
In his plea agreement, Moreno also admitted possessing additional amounts of drugs, including a small amount of methamphetamine and a supply of marijuana, and a pistol at his residence. Moreno also acknowledged that the $3,000 in cash were found in his bedroom and the $66,000 in cash found in his truck were the proceeds of his narcotics trafficking activities.
Moreno has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled. In addition to the 15 year prison sentence, the plea agreement also requires that Moreno forfeit the firearms, ammunition and narcotics proceeds seized on Feb. 27, 2012.
This case was investigated by the Albuquerque office of HSI and the Region II Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Samuel A. Hurtado 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.
Navajo Woman Pleads Guilty to Robbing Sonic Drive-In in Shiprock in November 2012Read the Press Release
ALBUQUERQUE – Jerrileta Singer, 32, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to committing a robbery in Indian Country under a plea agreement with the U.S. Attorney’s Office.
Singer and her co-defendant, Eddie Shirley, 28, a Navajo man from Shiprock, were charged in Dec. 2012, with the armed robbery of a Sonic Drive-In Restaurant in Shiprock on Nov. 30, 2012. The two were then indicted and charged with (1) robbery, and (2) using and brandishing a firearm during and in relation to a crime of violence.
During today’s plea hearing, Singer pleaded guilty to the robbery charge and admitted her role in robbing four individuals in the restaurant by use of force, violence and intimidation and taking money belonging to the restaurant. At sentencing, Singer faces a maximum of 15 years in prison.
Shirley, Singer’s co-defendant, entered a guilty plea on June 25, 2013, to Count 2 of the indictment and admitted using a firearm to rob the Sonic Drive-In in Shiprock on Nov. 30, 2012. Shirley has been in federal custody since his arrest and remains detained pending his sentencing hearing, which is scheduled for September 23, 2013. Under the terms of his plea agreement, Shirley will be sentenced to not less than seven years in prison.
This case was investigated by 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 Novaline D. Wilson.