District of New Mexico

ALBUQUERQUE – Shelly Nichols, 43, of Albuquerque, N.M., was sentenced this afternoon to 25 months in federal prison followed by three years of supervised release for her conviction on aggravated identity theft charges.  Nichols, together with her co-defendant, also was ordered to pay $141,233.57 in restitution.

Nichols, who is now known by her married name Shelly Lopez, and her co-defendant, Donna Gabaldon, 42, of Rio Rancho, N.M., were charged in March 2012, in a 60-count indictment alleging identity theft, passing counterfeit checks with the intent to deceive bank officials, and aggravated identity theft charges. 

Nichols pleaded guilty to one count of identity theft and two counts of aggravated identity theft charges on May 16, 2013.  In entering her guilty plea, Nichols admitted that from Oct. 2009 through June 2010, she and Gabaldon cashed fake payroll checks at Wal-Mart stores in New Mexico, Arizona, Utah, Colorado and Texas.  According to her plea agreement, Nichols created fake drivers’ licenses with false names, addresses and license numbers that had photographs of herself or Gabaldon on them.  Nichols also created fake checks made payable to the individuals identified in the fake drivers’ licenses.  Nichols and Gabaldon then used the fake drivers’ licenses to cash the fake checks at Wal-Mart stores.  When cashing the fake checks, Nichols and Gabaldon used the social security numbers of real people who did not know the women were using their social security numbers and had not given them permission to do so.  Gabaldon gave Nichols half of the money that she obtained from cashing the fake checks.

Nichols also admitted that Gabaldon and she fraudulently received at least $141,233.57 by cashing fake payroll checks at Wal-Mart stores.  Nichols and Gabaldon obtained additional cash and other items of value by making purchases using fake personal checks that Nichols printed.

Gabaldon pleaded guilty on May 25, 2012, to two counts of aggravated identity theft.  On Sept. 19, 2012, Gabaldon was sentenced to 24 months in prison followed by a year of supervised release.

Nicholas and Gabaldon are required jointly to pay $141,233.57 in restitution to the victims of their criminal conduct.  Nichols also was ordered to forfeit a 2009 Hummer, computers and other electronic equipment.

“Shelly Nichols was a top five Property Crime Offender in the city of Albuquerque and State of New Mexico when she was arrested in this case,” said Richard Ferretti, Resident Agent in Charge of the Albuquerque Resident Office of the U.S. Secret Service.  “Identity theft related investigations are a top priority of the U.S. Secret Service in Albuquerque, and we work closely with our partners in the Albuquerque Financial Crimes Task Force to aggressively investigate, arrest, and prosecute those committing these crimes.”

Acting U.S. Attorney Steven C. Yarbrough commended the U.S. Secret Service special agents who investigated the case and Assistant U.S. Attorney Cynthia L. Weisman who prosecuted the case.

ALBUQUERQUE – Donovan Eric Williams, 24, an enrolled member of the Navajo Nation who resides in Whippoorwill, Ariz., pleaded guilty to an indictment charging him with assaulting a federal officer, announced Acting U.S. Attorney Steven C. Yarbrough and Director John Billison of the Navajo Nation Division of Public Safety.

Williams was arrested on April 24, 2013, based on a criminal complaint charging him with assault with a dangerous weapon.  According to the complaint, Williams assaulted a Sergeant of the Navajo Nation Division of Public Safety by deliberately veering his vehicle into her police vehicle on March 21, 2013, near Church Rock, N.M.  Williams subsequently was indicted and charged with assaulting a federal officer who was engaged in the performance of her official duties because the tribal officer possessed a Special Law Enforcement Commission from the BIA at the time of the assault. 

In his plea agreement, Williams admitted intentionally assaulting a federal officer on March 21, 2013.  Williams acknowledged that, at the time of the assault, he was being pursued by a tribal officer who was attempting to pull his vehicle over and the federal officer was approaching him from the opposite direction.  Williams admitted intentionally striking the federal officer’s vehicle even though the officer had pulled her marked police vehicle off to the side of the road to avoid a collision.   Williams subsequently learned that the officer was commissioned as a federal law enforcement officer at the time of the assault.

Under the terms of his plea agreement, Williams will be sentenced to 46 months in prison followed by a term of supervised release to be determined by the court.  Williams is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled.

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.

ALBUQUERQUE – A real estate broker and a loan officer, both from Albuquerque, N.M., will be serving federal prison sentences for their wire fraud convictions, announced Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Keith Michael Courtney, 31, was sentenced on Oct. 9, 2013, to 24 months in prison followed by three years of supervised release.  His co-defendant Jason Johns, 40, was sentenced yesterday to five months in prison followed by five months of home detention and three years of supervised release.  Courtney and Johns also were ordered jointly to pay $493,230.88 in restitution and a $1.6 million money judgment to the United States.

Courtney and Johns were indicted in Nov. 2011, on wire fraud charges.  The three-count indictment alleged that between Nov. 2006 and Sept. 2007, Courtney and Johns schemed to defraud mortgage lenders by using straw buyers to apply for residential mortgage loans.  At the time of the offenses charged, Courtney was part owner of Black Diamond Construction Company (BDCC), Veritas Mortgage Company and Polaris Realty, all of which maintained offices in Albuquerque.  Johns was a loan officer with Veritas Mortgage Company.
 
In Feb. 2012, Johns pled guilty to the indictment.  Johns admitted participating in the unlawful scheme alleged in the indictment which resulted in three wire transfers of funds in the aggregate amount of $1,601,775.84 by mortgage lenders based on false and fraudulent representations made in connection with the sale of two residences built by Courtney’s business.

Courtney was found guilty by a jury on the three counts of the indictment on March 28, 2013, after a four-day trial.  The evidence at trial showed that Courtney’s company, BDCC, built two houses, one in Albuquerque and the other in Santa Fe.  After the houses were completed, Courtney and Johns solicited straw buyers to purchase the houses, using the names and credit histories of the straw buyers to obtain financing from Plaza Home Mortgage Company and Lehman Brothers Bank.  The loan applications falsely stated that the borrowers were buying the houses as primary residences, when in fact they had no intention of ever living in the houses.  The straw buyers put no money into the transactions, did not make the mortgage payments, and were to receive $5,000.00 once the houses were resold.  They were told that Courtney would make the mortgage payments until the houses were resold.

As a result of the false loan applications, which did not inform the lenders that the borrowers were straw borrowers, Plaza Home Mortgage Company wired two loans for $660,772.50 and $99,250.00 in connection with the Albuquerque house.  Lehman Brothers Bank wired $641,803.34 for a loan in connection with the Santa Fe house.  Courtney obtained loans in the aggregate amount of $1,601,775.84 from the two mortgage lenders based on the fraudulent transactions.  Courtney made mortgage payments on each property for a time after the transactions closed but ultimately stopped making payments on both, at which point the houses went into foreclosure.  The mortgage companies suffered losses as a result.

            This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Mary L. Higgins.

ALBUQUERQUE – Rayvell Vann, 46, of Omaha, Neb., was sentenced this afternoon to 15 years months in prison followed by at least eight years of supervised release for his drug trafficking conviction, announced Acting U.S. Attorney Steve C. Yarbrough and Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division.

Vann was arrested in Albuquerque, N.M., on April 9, 2012, on drug trafficking charges in a criminal complaint.  Vann subsequently was indicted and charged with (1) possession of more than 100 grams of phencyclidine (PCP) with intent to distribute, and (2) possession of codeine with intent to distribute.  On March 13, 2013, a jury found him guilty on both counts of the indictment.

According to the evidence at trial, on April 9, 2012, a DEA special agent, who was conducting an interdiction investigation at the AmTrak station in Albuquerque, approached Vann, who was a passenger on a train traveling from Los Angeles, Calif., to Omaha.  After identifying himself as a law enforcement officer, the agent requested and received Vann’s consent to talk to him.  During the recorded conversation, Vann said that he had traveled by plane to Los Angeles from Kansas City two weeks earlier and was returning from his travels. 

Vann, who was traveling with one bag and a briefcase, let the agent search his bag which contained only a pink gift-wrapped box and a child’s dress despite Vann’s claim to have been in Los Angeles for two weeks.  Vann initially claimed that the box contained a birthday gift for his aunt but could not provide his aunt’s birth date.  Later, Vann admitted that the box contained illegal drugs, codeine cough syrup and Oxycotin, a prescription painkiller.  The agent then arrested Vann and obtained a search warrant for the box.

When the box was opened, the agents quickly realized that it did not contain only codeine and painkillers because of the foam packaging inside the box and the pungent odor of ether that was released when they cut the foam.  Recognizing the odor as PCP and finding 16 ounces of PCP in the box, the agents arranged for a bio-hazard expert to take possession of the PCP. When the agents interviewed Vann, he expressed surprise that the box contained PCP; he admitted purchasing PCP, codeine and Oxycotin while in Los Angeles, but claimed to have sent the PCP to Omaha by an expedited courier service.            

This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into, or through, New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles.  The case was prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns.

ALBUQUERQUE – Yesterday Lloyd Jonathon Fry, 28, a resident of Hollywood, Calif., who was in the process of relocating to Piqua, Ohio, when he was arrested in May 2013, pleaded guilty in Las Cruces federal court to unlawful possession of pipe bombs. 

Fry and his co-defendant Rona Ma-Rey Milan Antipatia, 29, a legal permanent resident from the Philippines who resides in Redondo Beach, Calif., were arrested on May 27, 2013, by Border Patrol agents at the U.S. Border Patrol Checkpoint west of Alamogordo, N.M.  The arrests were made after the agents discovered four pipe bombs, a fully-loaded subcompact pistol with a 30-round magazine, and marijuana in their vehicle and the small trailer it was towing during a routine inspection at the checkpoint.  Fry and Antipatia were then charged in a criminal complaint with possession of marijuana with intent to distribute and using a firearm in relation to a drug trafficking crime.

Yesterday afternoon, Fry pled guilty to a felony information charging him with unlawfully possessing firearms, the four pipe bombs, that were not registered to him in the National Firearms Registration and Transfer Record.  At sentencing, Fry faces a maximum penalty of ten years in prison.  Fry has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

Antipatia has pleaded not guilty to the charges against her. The charges against Antipatia 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 Las Cruces office of Homeland Security Investigations, the U.S. Border Patrol and the Bomb Squad from the Doña Ana County Sheriff’s Office and is being prosecuted by Supervisory Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Eddie Shirley, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to seven years in federal prison for using and brandishing a firearm in relation to a crime of violence on the Navajo Indian Reservation.  Shirley will be on supervised release for seven years after he completes his prison sentence.

Shirley was arrested in Dec. 2012, on a criminal complaint charging him and co-defendant, Jerrileta Singer, 32, with the armed robbery of a Sonic Drive-In Restaurant in Shiprock on Nov. 30, 2012.  He has been in federal custody since his arrest.  Singer subsequently was arrested in Jan. 2013.  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.

Shirley pleaded guilty 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 acknowledged that a female participated in the robbery and that together they used force, intimidation and violence to take money from the restaurant’s employees. 

On July 25, 2013, Singer pleaded guilty to Count 1, the robbery charge, of the indictment 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.  Singer faces a maximum of 15 years in prison when she is sentenced.  Her sentencing hearing is scheduled for Oct. 28, 2103.

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.

ALBUQUERQUE – James Allen Moquino, 31, a member of Santa Clara Pueblo, N.M., pleaded guilty this morning to a federal assault charge, announced Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Moquino was arrested on July 5, 2013 based on an indictment charging him with assaulting a woman and causing her serious bodily injury.  According to the indictment, Moquino committed the crime on Nov. 21, 2010, in Indian Country within Rio Arriba County. 

During this morning’s proceedings, Moquino entered a guilty plea to the indictment and admitted that he assaulted his intimate partner and the mother of his child by repeatedly striking her in the head and face causing her to suffer serious bodily injury.  Moquino further admitted that the assault occurred within Santa Clara Pueblo. 

Moquino has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Moquino faces a maximum penalty of ten years in prison.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Special Assistant U.S. Attorney David M. Adams.

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.

ALBUQUERQUE – Justin Kenneth, 21, a member and resident of the Navajo Nation who resides in Prewitt, N.M., was sentenced this morning to nine years in federal prison followed by five years of supervised release for his aggravated child sexual abuse conviction.  He also was ordered to pay $2,411 in restitution.  Kenneth will be required to register as a sex offender after he completes his prison sentence.

The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.

Kenneth was arrested in Dec. 2010, on a criminal complaint alleging that he sexually abused a child under the age of 12 in Oct. 2010, on the Navajo Indian Reservation.  On April 29, 2013, Kenneth entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim by improperly touching the child’s genitalia.  Kenneth further admitted that he committed this crime on Oct. 6, 2010, at a residence located on the Navajo Indian Reservation.  Kenneth has been in federal custody since entering his guilty plea.

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Division of Public Safety.  Assistant U.S. Attorney Jacob A. Wishard prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Dennis Henry Bainbridge, 42, an enrolled member of the Navajo Nation who resides in Teec Nos Pos, Ariz., was sentenced on Sept. 26, 2013 to a year and a day in federal prison followed by three years of supervised release for his arson conviction. 

Bainbridge was arrested on April 25, 2013 based on a criminal complaint charging him with arson.  He subsequently was indicted on that same charge. 

Bainbridge pleaded guilty to the indictment on July 10, 2013, and admitted that on March 11, 2013, he maliciously set fire to a vehicle owned by a Navajo woman which was parked near a residence in Shiprock, N.M., which is located within the Navajo Indian Reservation.   According to court filings, witnesses saw Bainbridge douse the victim’s vehicle with gasoline and set it on fire.  When Bainbridge was arrested after he fled from the scene of the arson, officers found a jug of gasoline and a lighter in Bainbridge’s vehicle.

The case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Acting U.S. Attorney Steven C. Yarbrough, in conjunction with the U.S. Department of Justice Office of Community Oriented Policing Services (COPS), today announced funding awards for the District of New Mexico.

The grantees and amount awarded include:  $250,000 for the Los Lunas Police Department, $125,000 for the Raton Police Department, and $375,000 for the Rio Rancho Department of Public Safety.

“In the wake of past tragedies, it's clear that we need to be willing to take all possible steps to ensure that our kids are safe when they go to school,” said Attorney General Eric Holder. “These critical investments represent the Justice Department's latest effort to strengthen key law enforcement capabilities, and to provide communities with the resources they need to protect our young people. Especially in a time of increased challenges and limited budgets, our top priority must always be the safety and well-being of our children.”

Overall the COPS Office funded awards to 263 cities and counties, aimed at creating 937 law enforcement positions.  More than $125 million will be awarded nationally, including nearly $45 million to fund 356 new school resource officer positions.

“Keeping our children safe when they go to school is of critical importance and I am pleased to join the Attorney General and the COPS Office in announcing these grants which will help provide our communities with the resources needed to accomplish this vital mission,” said Acting U.S. Attorney Steven C. Yarbrough.

“The COPS Office is pleased to assist local law enforcement agencies throughout the country address their most critical public safety issues,” said Joshua Ederheimer, Acting Director of the COPS Office.  “Funding from this year’s program will allow many cities and counties to apply new sworn personnel to issues related to violent crime, property crime, and school safety.”

The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers.  The program provides the salary and benefits for officer and deputy hires for three years.

Grantees for the 2013 hiring program were selected based on their fiscal needs, local crime rates, and their community policing plans.  There was an additional focus this year on agencies requesting assistance in developing school safety programs that would include the hiring of a school resource officer.  School resource officer positions funded by the COPS Office are sworn law enforcement positions that work within a school district or facility, interacting directly with school administrators and students.   

The COPS Office is a federal agency responsible for advancing community policing nationwide.  Since 1995, COPS has awarded over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.

For the entire list of grantees and additional information about the 2013 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.

ALBUQUERQUE – Five residents of Santa Fe, N.M., were arrested earlier today based on a 16-count federal indictment charging them with Oxycodone trafficking offenses.  Two other Santa Fe residents were arrested on federal marijuana trafficking charges and another individual was arrested on state narcotics trafficking charges. 

The arrests were announced by Acting U.S. Attorney Steven C. Yarbrough, First Judicial District Attorney Angela R. Pacheco, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division, Chief Raymond J. Rael of the Santa Fe Police Department, and New Mexico State Police Lieutenant W. Troy Weisler, Commander of the HIDTA Region III Drug Enforcement Task Force.

Today’s arrests were part of a multi-agency law enforcement operation that included the execution of federal search warrants at three residences and a business in Santa Fe.   The charges against the defendants are the result of “Operation High Desert Bash,” an investigation initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.  Operation High Desert Bash primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County.  Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming.

Ashraf Nassar, 30, Phillip Anaya, 37, Krystal Holmes, 27, Sarah N. Romero, 34, and Daniel Trujillo, 31, are charged in Count 1 of a 16-count indictment with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013.  Counts 2 through 4 of the indictment charge Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, and all five defendants are charged with using telephones to facilitate drug trafficking crimes  (commonly referred to as “phone counts”) in Counts 5 through 16.  If convicted, the defendants each face a maximum penalty of 20 years in prison and a $1,000,000 fine on each of the Oxycodone charges and a maximum penalty of four years in prison and a $250,000 fine on each of the phone counts.  All five are scheduled to make their initial appearances in Albuquerque federal court tomorrow morning.

Clarence Cline, 64, and Stephanie DeStefano, 52, are charged in a federal criminal complaint with conspiracy to cultivate marijuana.  According to the complaint, Cline and DeStefano were arrested after officers found approximately 277 marijuana plants and 6.6 kilograms of marijuana that was being prepared for distribution in Cline’s residence and approximately 38 marijuana plants and 3.7 kilograms of marijuana that was being prepared for distribution in DeStefano’s residence.  If convicted of the offense charged in the complaint, Cline and DeStefano each face a prison sentence of not less than five years and not more than 40 years, a maximum penalty of 40 years in prison and a $5,000,000 fine.  Cline and DeStefano also are scheduled to make their initial appearances in Albuquerque federal court tomorrow morning.
           
Cynthia Sandoval, 53, was arrested on a state arrest warrant for three counts of felony trafficking in Oxycodone in violation of NMSA § 30-31-20(A)(2)(a).  If convicted of the state charges against her, Sandoval faces a maximum penalty of nine years in prison and a $10,000 fine.

Officers seized approximately 7300 mg of Oxycodone during the investigation.  During today’s law enforcement operation, they seized more than $1,000 in cash and two vehicles in addition to the marijuana plants and marijuana seized from the residences of Cline and DeStefano.

“Prescription drug abuse is our nation's fastest-growing segment of illegal drug abuse and it is devastating communities in New Mexico,” said Acting U.S. Attorney Steven C. Yarbrough.  “The prescription drug abuse problem is one that law enforcement alone cannot solve, but instead will require a comprehensive effort from public health, medical providers and other community stakeholders.  Although we are committed to being part of such an effort, we will continue to investigate and vigorously prosecute those who contribute to prescription drug abuse.”  

“The abuse of prescription drugs, such as Oxycodone, is a serious problem in Santa Fe County and it leads all too often to addiction, shattered lives, and even death,” said First Judicial District Attorney Angela R. Pacheco.  “It is in the interest of public safety, especially that of our young people, that the law enforcement community work together to target those who illegally distribute these pharmaceuticals in order to prevent future abuse and prescription drug overdoses throughout New Mexico.”

“Prescription drug abuse is a serious problem that destroys individuals’ lives and negatively affects the overall health and safety of our community,” said DEA Special Agent in Charge Joseph M. Arabit. “To address this problem and its often tragic consequences, DEA will continue to target those who illegally obtain and distribute these potentially dangerous substances.”

“I want to commend the dedicated members of my department, the HIDTA Region III Drug Enforcement Task Force and our fellow federal law enforcement partners for their efforts to rid the area of illegal narcotics and the perpetrators who dispense them,” Santa Fe Police Chief Raymond J. Rael said.  “The nearly a year-long operation, spurred by the zealous work of my officers, ensures criminals get the message loud and clear, illegal activity of any kind will not be tolerated in Santa Fe.”

“The diversion and abuse of prescription drugs is a major problem in the Santa Fe area, which poses a major threat to both public health and public safety in the area,” added Lt. W. Troy Weisler, Commander of the HITDA Region III Drug Enforcement Task Force.  “The individuals involved in the illegal distribution of prescription drugs are often involved in other criminal activities as well.  Today’s operation will have a significant impact on narcotics trafficking in the area as well as the property and violent crime associated with it.”

These cases were investigated by the Tactical Diversion Team of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force.  The federal cases are being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.  The state case will be prosecuted by the First Judicial District Attorney’s Office.

Operation High Desert Bash was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office.  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.

Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

ALBUQUERQUE – Lee Baca, 22, a former U.S. Marine Reservist who resides in Albuquerque, N.M., pleaded guilty this morning to a receipt of child pornography charge under a plea agreement with the U.S. Attorney’s Office.

Baca was charged on June 26, 2013, in a sealed five-count indictment charging him with three counts of receipt of visual depictions of minors engaged in sexually explicit conduct and two counts of possession of visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Baca received child pornography between Dec. 2012 and Feb. 2013, and possessed child pornography in March 2013, in Bernalillo County, N.M.  The indictment was unsealed after Baca was arrested on June 29, 2013 by Homeland Security Investigations (HSI) agents. 

During today’s plea hearing, Baca entered a guilty plea to Count 1 of the indictment, a receipt of child pornography charge.  In his plea agreement, Baca acknowledged that the investigation leading to his arrest began in Oct. 2012, when an agent with the New Mexico Attorney General’s Office (NMAGO) working in an undercover capacity identified an IP Address that was being used to participate in the distribution of child pornography.  On March 5, 2013, after investigation revealed that the IP Address was subscribed to Baca’s residence, HSI agents and officers of the Albuquerque Police Department (APD) executed a search warrant at Baca’s residence and seized Baca’s computers and computer-related media. 

In his plea agreement, Baca admitted participating in a voluntary interview while the search was ongoing and telling the agents and officers that he used file-sharing programs to download child pornography.  Baca also acknowledged that an ongoing forensic examination of his computers and computer-related media uncovered more than 2000 videos and images consistent with child pornography.  Baca also acknowledged that an examination of the images and videos on his computers and computer-related media by the National Center for Missing and Exploited Children revealed 564 images and 7 videos of 47 children who have been identified as child pornography victims and have been rescued. 

Baca has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Baca faces a maximum prison sentence of not less than five years and not more than 20 years.  Baca will be required to register as a sex offender after he completes his prison sentence.

This case was investigated by the Albuquerque office of HSI, the NMAGO and APD.  The case 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 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 NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Thelda Frank, 43, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pleaded guilty this morning to an aggravated assault charge under a plea agreement with the U.S. Attorney’s Office.

Frank was arrested in Jan. 2013, based on an indictment charging her with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to the indictment, Frank assaulted a man with a knife on July 27, 2011, in a location within the Navajo Indian Reservation. 

During this morning’s proceedings, Frank pleaded guilty to a criminal information charging her with aggravated assault.  According to the plea agreement, Frank admitted stabbing a man in the abdomen with a knife on July 27, 2011.

At sentencing, Frank faces a maximum of 18 months in prison followed by a term of supervised release to be determined by the court. 

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.

ALBUQUERQUE – Raymond Berger, 32, of Albuquerque, N.M., pleaded guilty this morning to an indictment charging him with coercion and enticement of a minor to engage in sexual activity under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Berger will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.  Berger will be required to register as a sex offender after he completes his prison sentence.

Berger’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, Chief Allen Banks of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Dan Houston.

Berger was arrested on May 26, 2013 by HSI agents on an indictment charging him with enticing a minor to engage in sexual activity.  The indictment alleged that between May 2, 2013 and May 6, 2013, Berger used the Internet and a cellular telephone to coerce and entice an individual whom he believed to be a minor to engage in sexual activity.  Berger was arrested on state charges of solicitation of a child with an electronic communications devise on May 6, 2013; the state charges were dismissed after Berger was federally charged.

During today’s proceedings, Berger pleaded guilty to the indictment.  In his plea agreement, Berger admitted that between May 2, 2013 and May 6, 2013, he engaged in a text messaging relationship with a person whom he believed to be a 12-year-old girl and that he made multiple solicitations for a sexual relationship with the “girl.”  Berger further admitted that he made arrangements to meet with the “girl” in a parking lot on May 6, 2013 and was arrested by APD officers when he arrived at the parking lot. 

Court filings reflect that Berger initiated the text messaging with the “girl” on May 2, 2013, when he responded to an Internet ad that included a photograph of a minor.  The ad was placed by an APD officer who represented to Berger that he was a 12-year-old girl.

Berger has been in federal custody since his arrest on May 26, 2013, and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of HSI, APD and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office.  The case 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 part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Julio Francia, 23, of Albuquerque, N. M., was sentenced this afternoon to 17.5 years in federal prison followed by three years of supervised release for robbing five Albuquerque-area businesses and for carrying a firearm during a crime of violence.  Francia’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Chief Allen Banks of the Albuquerque Police Department.

Francia was arrested on state charges on Oct. 17, 2012, on allegations that he committed an armed robbery at a Subway Restaurant located at 8520 Montgomery Blvd. NE in Albuquerque.  After Francia admitted committing a number of armed robberies at commercial businesses in Albuquerque, including the Subway Restaurant, between Aug. 2012 and Oct. 2012, the 2nd Judicial District Attorney’s Office charged Francia with numerous armed robbery offenses.

On Nov. 27, 2012, Francia was federally indicted and charged with violating the Hobbs Act by robbing a business in interstate commerce and using a firearm during a crime of violence.  The charges in the indictment arose out of the armed robbery of the Subway Restaurant on Oct. 17, 2012.  On Feb 6, 2013, Francia was transferred from state custody to federal custody to face the charges in the federal indictment and the state charges against Francia subsequently were dismissed.

On May 22, 2013, Francia pleaded guilty to the indictment charging him with a Hobbs Act robbery at the Subway Restaurant on Oct. 17, 2012, and using a firearm during a crime of violence on that same day.  Francia also entered a guilty plea to a four-count felony information charging him with committing Hobbs Act armed robberies at the following Albuquerque businesses: (1) the Auto Zone, located at 12904 Lomas Blvd., NE, on Aug. 15, 2012;  (2) the Auto Zone, located at 8820 Montgomery Blvd., NE, on Sept. 21, 2012; (3) the Taco Bell, located at 320 Eubank Blvd. NE, on Oct. 3, 2012; and (4) the Twister’s Restaurant, located at 740 Juan Tabo NE, on Oct. 4, 2012.

This case was brought as part of a 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.  It is 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.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – A federal jury sitting in Albuquerque returned a guilty verdict late yesterday afternoon against Michael James Axworthy, 58, originally of Lynwood, Calif., for assaulting a federal officer in the Carson National Forest after a two-day trial.  The United States dismissed two related misdemeanor offenses.  The guilty verdict was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Robin L. Poague of the Southwestern Region of the U.S. Forest Service.

Axworthy was arrested on June 4, 2013, on a criminal complaint charging him with the following three misdemeanor offenses:  (1) assaulting a federal officer, (2) unlawfully using the forest as a residence, and (3) having a campfire in violation of fire restrictions.  The United States subsequently filed a misdemeanor information charging Axworthy with those three offenses.

Trial of this case began on Sept. 18, 2013, and concluded yesterday afternoon when the jury returned a guilty verdict on the assault charge and the United States dismissed the other two charges.

The evidence at trial established that on June 2, 2013, a U.S. Forest Service law enforcement officer received a tip that a man was living in the Carson National Forest and had a campfire burning during Stage One fire restrictions.  Based on information from the tipster, the officer went to a location within the Forest where he observed a white tent.  After announcing himself as a law enforcement officer, the officer approached the tent and observed a man, later identified as Axworthy, inside.  After the officer repeatedly directed Axworthy to step outside the tent, Axworthy came out of the tent and walked towards the officer at an accelerated pace while holding his left hand tucked behind his left thigh.  Axworthy was aggravated and upset as he refused to comply with the officer’s demands that he identify the object he was hiding.  When he was within five feet of the officer, Axworthy revealed the object in his hand, a small radio, and continued walking towards the officer while yelling at the officer.  When the officer told Axworthy to back off and present identification, Axworthy slapped the officer’s hand and started to walk away.  As Axworthy turned away from the officer, he placed his hand in his waist area, which led the officer to believe that Axworthy might have a weapon.  The officer subsequently arrested Axworthy following a brief confrontation during which Axworthy resisted the officer’s attempts to apprehend him.

At sentencing, Axworthy faces a maximum penalty of twelve months in prison and a $100,000 fine.  His sentencing hearing has yet to be scheduled.

This case was investigated by the U.S. Forest Service and is being prosecuted by Assistant U.S. Attorneys William J. Pfulgrath and Raquel Ruiz-Velez.

ALBUQUERQUE – Leo Thompson, 54, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to sexually abusing of a minor under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Thompson will be sentenced to eight years in prison followed by a term of supervised release to be determined by the court.  Thompson will be required to register as a sex offender after he completes his prison sentence.

Thompson was arrested on Jan. 29, 2013, on a criminal complaint charging him with aggravated sexual abuse of a minor.  During today’s proceedings, Thompson pleaded guilty to a felony information charging him with sexual abuse of a minor and admitted engaging in a sexual act with a child between the age of 12 and 16 years.  Thompson admitted penetrating the child victim’s genitals with his finger at a location within the Navajo Indian Reservation on Nov. 12, 2011.

Thompson has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  The case is being 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/.

ALBUQUERQUE – Donovan Isiah Sisco, 19, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning to an aggravated burglary charge under a plea agreement with the U.S. Attorney’s Office.

Sisco was arrested on March 1, 2013, on a criminal complaint charging him with unlawfully entering into a dwelling for the purpose of committing a felony and with committing a battery.  He subsequently was indicted and charged with aggravated burglary and assault with intent to commit aggravated burglary in a residence located on the Navajo Indian Reservation on Feb. 8, 2013. 

Today, Sisco entered his guilty plea to Count 2 of a superseding indictment charging him with assault with the intention to commit an aggravated burglary.  In his plea agreement, Sisco admitted entering the victim’s home without consent and assaulting the victim by grabbing her by the hair and throwing her to the ground causing her to sustain injuries.  Sisco also admitted breaking the windows at the victim’s residence as well as the windows of the victim’s vehicle.

Sisco remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Sisco faces a maximum penalty of 10 years in prison followed by three years of supervised release. 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.

ALBUQUERQUE – A federal jury sitting in Las Cruces returned a guilty verdict this morning against Alejandro Lopez, 40, of Anthony, N.M., on a cocaine trafficking charge after a three-day trial.  The guilty verdict was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Lt. Bobby Holden of the Las Cruces/Doña Ana County Metro Narcotics Agency.

Alejandro Lopez and his brother Eddy Lopez, 37, were arrested on Nov. 15, 2012, on a criminal complaint charging them with trafficking in cocaine.  On March 29, 2013, Eddy Lopez entered a guilty plea to a felony information charging him with possession of cocaine with intent to distribute.  Alejandro Lopez was indicted on that same charge on June 19, 2013.

Trial against Alejandro Lopez commenced on Sept. 16, 2013 and concluded this morning when the jury returned a verdict of guilty on the sole count of the indictment.  

The evidence at trial established that in late Sept. 2012, a confidential informant (CI) working under the supervision of the FBI and the Las Cruces/ Doña Ana County Metro Narcotics Agency had several telephone conversations with Eddy Lopez during which the CI negotiated to facilitate the purchase of a kilogram of cocaine for $22,000 from Eddy Lopez on behalf of a buyer. 

On Sept. 27, 2012, by prior arrangement, the CI met Eddy Lopez in a park in Anthony to complete the cocaine deal.  Law enforcement officers conducted surveillance while Alejandro Lopez drove up in his truck, with Eddy Lopez as a passenger, and parked next to the CI’s vehicle.  They observed Eddy Lopez take a package, which contained 794 grams of cocaine, from Alejandro Lopez’s truck and place it in the back seat of the CI’s vehicle.  Eddy Lopez then told the CI that Alejandro Lopez would follow the CI as he delivered the cocaine to the buyer so that Alejandro Lopez could collect the $22,000 payment for the cocaine.  After Alejandro Lopez dropped Eddy Lopez off at a nearby residence, he followed the CI’s vehicle until officers executed a traffic stop and arrested Alejandro Lopez on local charges.  Shortly thereafter, other officers arrested Eddy Lopez also on local charges.

During the booking process, Alejandro Lopez made a post-arrest statement during which he admitted picking up the cocaine from a location near his brother’s residence and then picking up his brother before driving to the park where they met the CI.  He also admitted that, after Eddy Lopez transferred the cocaine from his truck to the CI’s vehicle, he followed the CI for the purpose of collecting the proceeds from the drug deal.  Alejandro Lopez acknowledged that he expected to be paid $100 for his participation in the drug deal.

Alejandro Lopez was remanded into federal custody after the jury returned its guilty verdict and he will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Alejandro Lopez faces a prison sentence of not less than five years and not more than 40 years followed by at least four years of supervised release.  Because Alejandro Lopez is a resident alien, he will be deported to Mexico after he completes his prison sentence.

Eddy Lopez faces a similar prison sentence when he is sentenced.  His sentencing hearing also has not yet been scheduled.

This case was investigated by the Las Cruces office of the FBI and the Las Cruces/Doña Ana County Metro Narcotics Agency.  The case is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Gregory Warren Second, 22, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this afternoon to 24 months in federal prison followed by five years of supervised release for his conviction for sexual abuse of a minor.  Second will be required to register as a sex offender when he completes his prison sentence.  The sentence was announced by Acting U.S. Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Second was arrested in Nov. 2012, on a criminal complaint alleging that in May 2012, he engaged in a sexual act with an Indian child between the ages of 12 and 16 years on the Mescalero Indian Reservation.  He has been in custody since his arrest.

On March 26, 2013, Second entered a guilty plea to a felony information charging him with sexual abuse of a minor and admitted that on May 22, 2012, he knowingly engaged in a sexual act with a 12-year-old child.

This case was investigated by the BIA’s Office of Justice Services, Mescalero Agency.  It was prosecuted by Assistant U.S. Attorney Aaron O. Jordan 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, local and tribal 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 www.justice.gov/psc/.

ALBUQUERQUE – Bertha Damon, 44, an enrolled member of the Navajo Nation who resides in Mentmore, N.M., pleaded guilty this morning to a voluntary manslaughter charge this morning.  Damon entered her guilty plea without the benefit of a plea agreement.

Damon entered her guilty plea to a felony information charging her with killing a man by striking him with a piece of firewood on the Navajo Indian Reservation on May 21, 2011.  According to information presented during today’s plea hearing, Damon and the victim, her husband of 24 years, returned to their home after a night of drinking and began arguing.  During the argument, Damon repeatedly struck the victim in the head with a piece of firewood.  The victim died as the result of multiple blunt force trauma to the head.

At sentencing, which has yet to be scheduled, Damon faces a maximum penalty of 15 years in prison followed by three years of supervised release.

This case was investigated by the Gallup office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety and the New Mexico State Police.  Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case.

ALBUQUERQUE – The last two of six men from Carlsbad, N.M., who perpetuated a string of commercial robberies in southeastern New Mexico between Nov. 2012 and Jan. 2013 have pleaded guilty, announced Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, Chief Daniel Fierro of the Carlsbad Police Department, Chief Don Raley of the Artesia Police Department, and Chief Chris McCall of the Hobbs Police Department.

Tyler Williams, 19, and Mario Muro, 23, pleaded guilty this morning in federal court in Las Cruces to violating the Hobbs Act by robbing businesses engaged in interstate commerce.  They were charged, together with four other Carlsbad residents, Bennie Juarez, 27, Logan Magby, 19, Rance Williams, 23, and Maurice Williams, 35, in a criminal complaint filed on May 29, 2013.  The criminal complaint charged the six men, acting in groups, with robbing the following five commercial businesses in southeastern New Mexico between Nov. 2012 and Jan. 2013: 

• The Family Dollar located at 403 W. Quay Street in Artesia, N.M., by Bennie Juarez and Maurice Williams on Nov. 15, 2012.
• The Shop-N-Go located at 22212 W. Lea Street in Carlsbad by Bennie Juarez and Rance Williams on Nov. 28, 2012.
• The Family Dollar located at 901 W. Mermod Street in Carlsbad by Bennie Juarez and Maurice Williams on Dec. 2, 2012.
• The Dollar General located at 730 N. Dal Paso in Hobbs, N.M., by Bennie Juarez, Rance Williams and Tyler Williams on Dec. 9, 2012.
• The Domino’s Pizza located at 302 S. 1st Street in Artesia by Bennie Juarez, Mario Muro, Logan Magby and Tyler Williams on Jan. 6, 2013.

According to the criminal complaint, the perpetrators wore masks or covered their faces with bandanas and brandished firearms at the store employees when they committed the aforementioned robberies.

During today’s proceedings, Tyler Williams entered a guilty plea to a two-count felony information charging him with conspiracy to rob the Dollar General in Hobbs on Dec. 9, 2012, and conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.  Muro entered a guilty plea to a felony information charging him with conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.  Both men entered their guilty pleas under plea agreements with the U.S. Attorney’s Office.  At sentencing, Tyler Williams and Muro each face a maximum penalty of 20 years in prison on each count of conviction. 

The other four men charged in the criminal complaint also have pleaded guilty:

• Juarez entered a guilty plea on Aug. 20, 2013, to a felony information charging him with five counts of conspiracy to violate the Hobbs Act by robbing each of the five businesses numerated above.
• Magby entered a guilty plea on Sept. 3, 2013, to a one-count felony information charging him with conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.
• Rance Williams entered a guilty plea on Sept. 10, 2013, to a two-count felony information charging him with conspiracy to rob the Shop-N-Go in Carlsbad on Nov. 28, 2012, and conspiracy to rob the Dollar General in Carlsbad on Dec. 2, 2012.
• Maurice Williams entered a guilty plea to a two-count felony information charging him with conspiracy to rob the Family Dollar in Artesia on Nov. 15, 2012, and conspiracy to rob the Family Dollar in Carlsbad on Dec. 2, 2012.

Juarez, Magy and Rance Williams entered their guilty pleas under plea agreements with the U.S. Attorney’s Office, while Maurice Williams pleaded guilty without the benefit of a plea agreement.  At sentencing, each man faces a maximum penalty of 20 years in prison on each count of conviction.

These cases were 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 cases were investigated by the Roswell office of the FBI, Carlsbad Police Department, Artesia Police Department and Hobbs Police Department, with assistance from the 5th Judicial District Attorney’s Office.  The cases are being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Lester Nieto, 28, a member and resident of Kewa Pueblo, pleaded guilty this morning to a child sexual abuse charge under a plea agreement with the U.S. Attorney’s Office. 

Nieto was arrested by the BIA on March 5, 2013, based on an indictment charging him with sexual abuse of a minor or ward between the ages of 12 and 16 years.  According to the indictment, Nieto committed the offense on Jan. 1, 2012, in a location within Kewa Pueblo.  During today’s hearing, Nieto pleaded guilty to the indictment and admitting engaging in a sexual act with a child who had attained the age of 12 years but had not attained the age of 16 years. 

[Nieto was remanded into federal custody after entering his guilty plea and remains detained pending his sentencing hearing, which has yet to be scheduled.]  At sentencing, Nieto faces a maximum penalty of 15 years in prison and five years of supervised release.  He will be required to register as a sex offender after he completes his prison sentence.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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 – Krisohn Adakai, 21, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., was sentenced yesterday to eleven years in federal prison followed by five years of supervised release for her second degree murder conviction.

Adakai was arrested in July 2012, and charged by criminal complaint with murdering Crystal Tom, a 26-year-old Navajo woman, on July 28, 2012, at Adakai’s home in Beclabito, which is located on the Navajo Reservation.   While drinking alcohol together, Adakai and the victim got into a fight during which Adakai repeatedly punched and stabbed the victim, who died as a result of the injuries she sustained.  Adakai fell asleep and awoke to find the victim’s unresponsive body.  Adakai attempted to conceal her crime by disposing of the body, the alcohol bottles and other evidence of the murder in a remote area on the Navajo Indian Reservation.  When confronted by law enforcement authorities on July 30, 2012, Adakai admitted committing the murder and led officers to the victim’s body and other evidence.

On June 13, 2013, Adakai pleaded guilty and admitted that the United States would be able to prove beyond a reasonable doubt that she murdered the victim on July 28, 2013, in San Juan County, within the Navajo Indian Reservation.

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 Presiliano A. Torrez.

ALBUQUERQUE – Henderson Burke, Jr., 44, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 15 months in federal prison followed by five years of supervised release for failure to comply with the Sex Offender Registration and Notification Act (SORNA). 

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, and/or where the offender is a student, and that the sex offender maintain current registrations. 

In Sept. 1997, Burke was sentenced to 63 months in prison for his federal conviction for child sex abuse on an Indian reservation.  Based on that conviction, Burke was required to renew his registration as a sex offender for twenty years on an annual basis.

Burke, who most recently was located in Bernalillo County, N.M., was arrested by the U.S. Marshals Service on Dec. 5, 2012, based on a criminal complaint alleging that he violated SORNA by failing to update his sex offender registration as required.  Burke has been in federal custody since that time.  He was indicted and charged with failure to update his sex offender registration on Dec. 19, 2012. 

According to court filings, Burke first registered as a sex offender with the Bernalillo County Sheriff’s Office in Jan. 2004 and last registered in May 2010.  Subsequently, a review of annual audits of sex offender registrations revealed that Burke did not renew his sex offender registration in 2011 or anytime thereafter. Burke pleaded guilty to the indictment on April 3, 2013.

            This case was investigated by the U.S. Marshal Service with assistance from the Bernalillo County Sheriff’s Office and was prosecuted by Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb.

ALBUQUERQUE – Samuel Billy, 49, an enrolled member of the Navajo Nation who resides in El Rancho, N.M., which is located in San Ildefonso Pueblo, pleaded guilty this morning to a child sexual abuse charge.  Under the terms of his plea agreement, Billy will be sentenced to 20 years in federal prison followed by a term of supervised release to be determined by the court.  Billy will be required to register as a sex offender after he completes his prison sentence. 

Billy’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Billy was arrested on Jan. 7, 2013, based on a criminal complaint alleging that he sexually abused a child less than 12 years old in early Nov. 2012.  According to the complaint, Billy sexually abused the child victim, who was left in his care, in his residence in San Ildefonso Pueblo on at least two occasions.  Billy subsequently was charged in a four-count superseding indictment with three counts of aggravated child sexual abuse and one count of abusive sexual contact.  The indictment alleged that Billy sexually abused the child victim on four separate occasions between Nov. 1, 2012 and Dec. 31, 2012, in a location within San Ildefonso Pueblo.

This morning, Billy pleaded guilty to a felony information charging him with sexual abuse and admitted touching the child victim’s genitals while the victim was sleeping and incapable of appraising the nature of the conduct.

Billy has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  The charges in the superseding indictment will be dismissed after Billy has been sentenced.

This case was investigated by the Santa Fe office of the FBI and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito 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 – This morning, Luis Lucero-Loya, 23, of Las Cruces, N.M., made his initial appearance in federal court on a criminal complaint charging him with making false bomb threats.  If convicted of the offenses charged in the complaint, Lucero-Loya faces up to ten years of imprisonment and a $250,000 fine.  Lucero-Loya is temporarily detained pending a detention hearing which has yet to be scheduled.

According to the criminal complaint, Lucero-Loya made false bomb threats on five different occasions between Aug. 18, 2013 and Aug. 31, 2013.  The complaint alleges that, on each of the five occasions, Lucero-Loya placed “911” calls to Mesilla Valley Dispatch and falsely reported that there were explosives devices or bombs in specific commercial businesses in Las Cruces.  As a result of the bomb threats, the businesses were evacuated and allegedly incurred significant losses.

“In a post-9/11 world, we must take bomb threats seriously.  False bomb threats drain our already overburdened public safety agencies and prevent them responding to true emergencies.  They also create significant stress and disruption to those threatened,” said Acting U.S. Attorney Steven C. Yarbrough.  “We therefore must diligently investigate and prosecuted these cases.”

“There can be no tolerance for those who would jeopardize public safety by making false bomb threats,” said Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.  “The FBI is proud of the work of its Special Agents who vigorously investigated this case with the Las Cruces Police Department and the FBI’s Southern New Mexico Safe Streets Gang Task Force.”

Chief Richard S. Williams of the Las Cruces Police Department stated, “This investigation culminated in a prompt arrest because of the outstanding cooperation between the Federal Bureau of Investigation, Las Cruces Police Department and the impacted commercial businesses.  We are extremely grateful that this offender is being prosecuted for allegedly committing dangerous offenses and that the employees and customers of the victim businesses can return to a safe environment.”

Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Las Cruces Police Department and the FBI’s Southern New Mexico Safe Streets Gang Task Force, and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – This afternoon U.S. District Judge William P. Johnson sentenced Joseph C. Kupfer, 50, of Rio Rancho, N.M., to ten years in federal prison followed by three years of supervised release for his convictions for conspiracy, theft of government property and tax evasion.  Kupfer also was ordered to pay $746,375 in restitution to the State of New Mexico and $288,339 in restitution to the IRS.  Kupfer is to pay the restitution payment to the State of New Mexico jointly with co-defendant Armando C. Gutierrez, 65, of Corpus Christi, and the restitution payment to the IRS jointly with his wife and co-defendant Elizabeth D. Kupfer, 51.  Kupfer also was ordered to forfeit $746,375 to the United States.

Kupfer’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 Field Office of IRS Criminal Investigation, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

This case was initiated in Dec. 2010, by the filing of a three-count indictment charging Kupfer and his wife with failing to report $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, which added Gutierrez as a defendant and five counts charging Kupfer and Gutierrez 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.  At the time of the events described in the superseding indictment, Kupfer and Gutierrez 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 tax evasion counts from the other 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 Kupfer and Gutierrez on the conspiracy, theft, obstruction of justice and money laundering charges (the HAVA trial). 

The tax trial began on Aug. 13, 2012 and ended 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 years, the Kupfers received $1,304,421 in revenue from KC but reported only $502,541 in their tax returns.  By concealing approximately $768,333 in income, the Kupfers 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 Kupfer and Gutierrez on the conspiracy and theft of government property charges, and against Gutierrez on the obstruction of justice and money laundering charges.  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 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.

“The sentence imposed on Joseph Kupfer concludes the prosecution of an important case that sends a powerful message to those who do business with the government:  we will aggressively investigate and vigorously prosecute those who steal federal funds and dodge their civic obligation to pay their rightful share of taxes,” said Acting U.S. Attorney Steven C. Yarbrough.  “The prosecutors and agents who handled the investigation and prosecution of this case deserve tremendous credit and our thanks for doing an outstanding job and ensuring that the Kupfers and Gutierrez were held responsible for their crimes.”

New Mexico Attorney General Gary King said, “I am very proud of our involvement in this case, especially the work that my investigators produced, which helped in the prosecution and conviction of Mr. Kupfer.  This is another good example of how cooperation between our respective offices can result in justice being served.”

“Mr. Kupfer violated the public’s trust by misappropriating voter education funds and using the money to line his own pockets.  In addition, he committed tax evasion by intentionally concealing over $750,000 of income.  When you steal federal funds, cheat on your taxes, and take steps to conceal your crimes, prison is usually the end result,” stated IRS Criminal Investigation Special Agent in Charge Dawn Mertz.

“If you do business with the government and decide to steal from taxpayers, you better expect the FBI to come after you.  In this case, two individuals sought to enrich themselves at the expense of a program designed to improve voting systems and voter access.  I would like to congratulate the FBI Special Agents who worked so hard on this complex investigation, alongside their partners at the U.S. Attorney’s Office, IRS Criminal Investigation and the New Mexico Attorney General’s Office,” said FBI Special Agent in Charge Carol K.O. Lee.

On May 14, 2013, Mrs. Kupfer was sentenced to three years in prison followed by three years of supervised release for her tax evasion conviction.  Gutierrez was sentenced on August 19, 2013 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 also 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 Kupfer. He also was ordered to forfeit $2,500,483, including his interest in his Corpus Christi residence, to the United States.

The case was investigated by IRS Criminal Investigation and the Albuquerque office of the FBI, with assistance from the New Mexico Attorney General’s Office.  It was prosecuted by Assistant U.S. Attorneys Tara C. Neda, Jeremy Peña and Cynthia L. Weisman.

ALBUQUERQUE – Lucas Michael Ray Toledo, 25, a resident and enrolled member of Jemez Pueblo, pleaded guilty this morning to a second degree murder charge.  Under the terms of his plea agreement, Toledo will be sentenced to a prison term between 28 years and 32 years followed by a term of supervised release to be determined by the court.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Toledo was arrested on Sept. 29, 2010, on a criminal complaint alleging that he murdered Matthew Panana, 21, also a member of Jemez Pueblo.  Toledo subsequently was indicted on that same charge in Oct. 2010.  Proceedings in the case were delayed by competency proceedings.

According to court filings, Toledo murdered the victim in the early hours of Sept. 29, 2010, outside Toledo’s residence on Jemez Pueblo.  Toledo acknowledged murdering the victim sometime after 1:30 a.m. after the victim repeatedly disrupted Toledo as he was attempting to sleep by knocking on Toledo’s bedroom window.  In response to the victim’s disruptive behavior, Toledo went outside and attacked the victim, stabbing him repeatedly with a box-cutter razor and kitchen knife and beating him with a shovel.

During today’s plea hearing, Toledo pleaded guilty to a felony information charging him with second degree murder and admitted killing the victim by stabbing him with a knife and beating him with a shovel.  Toledo has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

The case was investigated by the Albuquerque office of the FBI with assistance from the Jemez Pueblo Police Department and is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

ALBUQUERQUE – Gabriel Anthony Saiz, 20, of Silver City, N.M., pleaded guilty in federal court in Las Cruces this afternoon to firearms charges.  Saiz entered his guilty plea without the benefit of a plea agreement.

Saiz and his co-defendant Javier J. Reyes, 19, of the Village of Santa Clara, N.M., were charged with possession of an unregistered firearm in a criminal complaint filed on March 1, 2013.  The two men subsequently were indicted and charged with (1) possession of an unregistered short-barreled rifle, and (2) possession of a firearm with an obliterated serial number.  According to the indictment, Saiz and Reyes possessed a firearm made from a Mossberg .22 caliber rifle with a barrel length of less than 16 inches and an obliterated serial number that was not registered to either man on Nov. 27, 2012, in Grants County, N.M.

According to court filings, Saiz and Reyes were arrested on local charges by the Silver City Police Department on Nov. 27, 2012, in Silver City after they allegedly robbed a woman at gunpoint at approximately 7:30 p.m. that day and allegedly assaulted four individuals by brandishing a firearm at them approximately an hour later.  The officers were able to apprehend Saiz and Reyes at approximately 9:00 p.m. that night because the victim of the armed robbery reported the crime and provided the license plate number for the vehicle in which Saiz and Reyes were driving.  When the officers arrested Saiz and Reyes, they observed a firearm on the floor board under the front passenger seat. 

During today’s proceedings, Saiz pleaded guilty to both counts of the indictment.  At sentencing, Saiz faces a maximum penalty of ten years in prison for possession of an unregistered firearms and a maximum penalty of five years in prison for possession of a firearm with an obliterated serial number.  He remains in federal custody pending his sentencing hearing, which has yet to be scheduled.

Reyes has entered a not guilty plea to the charges in the indictment and is scheduled for trial on Nov. 18, 2013.  The charges against Reyes are merely accusations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

Acting U.S. Attorney Steven C. Yarbrough said, “The facts giving rise to this case demonstrate the importance of enforcing the federal firearms laws.  Prosecuting individuals, like Saiz, who use firearms to commit violent crimes and endanger the lives of innocent victims makes communities like Silver City safer places to live and raise families.  I commend the ATF for its commitment to working with state and local law enforcement authorities throughout New Mexico for enhancing public safety in our communities.”

“Today’s guilty plea serves as a perfect example of the federal-state teamwork we strive to achieve.  I commend the efforts of the Silver City Police Department and the tireless commitment of the ATF agents involved in this case.  I also wish to recognize the leadership of the U.S. Attorney’s Office in their prosecution” stated ATF Special Agent in Charge Bernard J. Zapor.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Silver City Police Department and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Hareldo Horse, 31, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., pleaded guilty this morning to an indictment charging him with sexual assault under a plea agreement with the U.S. Attorney’s Office.

Horse was arrested on March 11, 2013, on an indictment charging him with sexually assaulting a woman in a location within the Navajo Indian Reservation on Oct. 20, 2012.  He has been in federal custody since that time.  During his plea hearing this morning, Horse pleaded guilty to the indictment and admitted inappropriately touching the victim’s genitals at a time when the victim was physically in capable of declining to participate in the sexual act.

Horse remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Horse faces a maximum penalty of life imprisonment.  Horse also will be required to register as a sex offender.

            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 Paul Mysliwiec.

ALBUQUERQUE – Rance Williams, 23, and Maurice Williams, 35, both of Carlsbad, N.M., entered guilty pleas this afternoon in federal court in Las Cruces to violating the Hobbs Act by robbing businesses engaged in interstate commerce.  The guilty pleas were announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, Chief Daniel Fierro of the Carlsbad Police Department, Chief Don Raley of the Artesia Police Department, and Chief Chris McCall of the Hobbs Police Department.

Rance Williams, Maurice Williams and four other Carlsbad residents, Bennie Juarez, 27, Logan Magby, 19, Mario Muro, 23, and Tyler Williams, 19, were charged with violations of the Hobbs Act in a criminal complaint filed on May 29, 2013.  The criminal complaint charged the six men, acting in groups, with robbing the following five commercial businesses in southeastern New Mexico between Nov. 2012 and Jan. 2013: 

• The Family Dollar located at 403 W. Quay Street in Artesia, N.M., by Bennie Juarez and Maurice Williams on Nov. 15, 2012.
• The Shop-N-Go located at 22212 W. Lea Street in Carlsbad by Bennie Juarez and Rance Williams on Nov. 28, 2012.
• The Family Dollar located at 901 W. Mermod Street in Carlsbad by Bennie Juarez and Maurice Williams on Dec. 2, 2012.
• The Dollar General located at 730 N. Dal Paso in Hobbs, N.M., by Bennie Juarez, Rance Williams and Tyler Williams on Dec. 9, 2012.
• The Domino’s Pizza located at 302 S. 1st Street in Artesia by Bennie Juarez, Mario Muro, Logan Magby and Tyler Williams on Jan. 6, 2013.

The criminal complaint alleged that each of the robberies was committed by perpetrators who wore masks or covered their faces with bandanas and brandished firearms at the store employees.

During today’s proceedings, Rance Williams entered a guilty plea to a two-count felony information charging him with conspiracy to rob the Shop-N-Go in Carlsbad on Nov. 28, 2012, and conspiracy to rob the Dollar General in Carlsbad on Dec. 2, 2012, under a plea agreement with the U.S. Attorney’s Office.  Maurice Williams entered a guilty plea to a two-count felony information charging him with conspiracy to rob the Family Dollar in Artesia on Nov. 15, 2012, and conspiracy to rob the Family Dollar in Carlsbad on Dec. 2, 2012, without the benefit of a plea agreement.  At sentencing, Rance Williams and Maurice Williams each face a maximum penalty of 20 years in prison on each count of conviction.  The two men were remanded into custody after entering their guilty plea and will be detained pending their sentencing hearings, which have yet to be scheduled.

Two other men, Juarez and Magby, previously entered guilty pleas under plea agreements with the U.S. Attorney’s Office.  Juarez entered a guilty plea on Aug. 20, 2013, to a felony information charging him with five counts of conspiracy to violate the Hobbs Act by robbing each of the five businesses numerated above.  Juarez was remanded into custody after entering his guilty plea.  Magby entered a guilty plea on Sept. 3, 2013, to a one-count felony information charging him with conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.  Juarez and Magby each face a maximum penalty of 20 years in prison for each count of conviction; their sentencing hearings have yet to be scheduled.

Muro and Tyler Williams have entered not guilty pleas.  The charges against them are merely accusations and they are presumed innocent unless they are found guilty beyond a reasonable doubt by a court of law.  Muro is scheduled for a change of plea hearing on Sept. 13, 2013, and Tyler Williams is pending trial, which has not yet been scheduled.

These cases were 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.

These cases were investigated by the Roswell office of the FBI, Carlsbad Police Department, Artesia Police Department and Hobbs Police Department, with assistance from the 5th Judicial District Attorney’s Office.  The cases are being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Jimmy Garcia, 51, of Denver, Colo., was sentenced earlier today in federal court in Las Cruces, N.M., to ten years in federal prison followed by five years of supervised release for his cocaine trafficking conviction.  Garcia’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, , Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.

Garcia was arrested on June 21, 2012, after Border Patrol agents discovered 6.62 kilograms of cocaine secreted in his vehicle during a routine inspection at the I-25 Border Patrol checkpoint north of Las Cruces.  According to the criminal complaint, the agents sought and obtained Garcia’s consent to have a narcotics canine inspect his vehicle when Garcia became nervous and non-responsive during routine questioning.  After the narcotics canine indicated the presence of narcotics in the vehicle, the agents found seven bundles of cocaine hidden in the dash of the vehicle.  Garcia has been in federal custody since his arrest.

On May 7, 2013, Garcia pled to the indictment and admitted driving into a Border Patrol checkpoint in a vehicle containing 6.62 kilograms of cocaine.  Garcia further admitted that he intended to transport the cocaine to others who would further distribute the drugs.

This case was investigated by the DEA and the Las Cruces station of the U.S. Border Patrol and was prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – The Justice Department announced today that Kevin Casaus, 24, a former corrections officer at the Bernalillo County Metropolitan Detention Center (MDC) in Albuquerque, N.M., was sentenced this morning to 15 months in federal prison followed by 1 year of supervised release for his conviction on obstruction of justice and falsification of records charges.

Casaus and fellow former MDC corrections officers, Demetrio Juan Gonzales, 41, and Matthew Pendley, 26, were indicted in June 2012, and charged with various crimes related to the Dec. 21, 2011 assault of an inmate housed at MDC, and subsequent attempts to cover up and impede the investigation of the assault. 

On March 6, 2013, a federal jury convicted Casaus on obstruction of justice and falsification of records charges, and acquitted him on a related assault charge.  According to the evidence at trial, during the early morning hours of Dec. 21, 2011, Gonzales was assigned to the Receiving-Discharge-Transfer (RDT) Unit at MDC where individuals are brought to be booked soon after they are arrested.  His job was to photograph and fingerprint those who are brought to RDT for booking.  The victim, who had been arrested for driving while intoxicated, was verbally uncooperative during the booking process, but was not a physical threat to anyone.  Gonzales, who had previously pleaded guilty, testified that he became angry at the victim and walked him to the shower room where he knew there were no surveillance cameras.  Several other corrections officers, including Casaus, followed Gonzales to the shower room.  There, Gonzales physically assaulted the victim, striking him multiple times, and choking him.  Gonzales testified that he beat the victim “in a blind rage” and then had to wash the victim’s blood off his hands.  He further testified that the victim did not do anything to justify the beating.

According to the testimony, Casaus and two other corrections officers were present in the shower room during the beating.  Additionally, a former inmate who was in the hallway outside the shower room at the time of the beating, overheard groans and sounds consistent with the assault coming from the shower room.  The former inmate was then tasked with cleaning the blood that was on the floors and walls of the shower room.  Casaus falsely stated during a recorded interview with a Bernalillo County Sheriff’s Office investigator that the victim was not assaulted in the shower room, the victim was not bleeding and that they only brought the victim to the shower room to ask him to change out of his clothes.  Casaus falsified his report when he wrote that he saw blood on the victim's clothes, but did not know where the blood came from.

In Oct. 2012, Gonzales pleaded guilty to violating the civil rights of an individual in his custody when he struck and choked the victim in the shower room/dress out area of MDC and subsequently was sentenced to 33 months in prison followed by three years of supervised release.  Pendley pleaded guilty in February 2012 to obstructing justice by making false statements to law enforcement during their investigation of the assault on an inmate and was sentenced to a five year term of probation.

“Law enforcement officers who lie and obstruct justice to cover a fellow officer’s criminal acts do a disservice to the community that they swore to serve and protect,” said Acting Assistant Attorney General for Civil Rights Jocelyn Samuels.  “As the prosecution of these three MDC corrections officers demonstrate, the Civil Rights Division, in conjunction with our partners at the U.S. Attorney’s Office and FBI, is committed to holding law enforcement officers accountable when they violate their sworn duty to uphold the Constitution.”

“A correction officer who actively covers up illegal violence perpetrated by another officer re-victimizes a victim, undermines the public’s confidence in the justice system and fosters a belief that correction officer violence perpetrated on inmates will be met with impunity rather than justice,” said Acting U.S. Attorney Steven C. Yarbrough of the District of New Mexico.  “Such a culture cannot, and will not, be tolerated.”

“Correctional officers are given tremendous power to enforce the law.  When that authority is abused, it's not just the civil rights of prison inmates that are threatened, but the public's trust in our democratic institutions as well,” said Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.  “The FBI, as the lead agency for investigating abuses of government officials, places a high priority on these cases.  I would like to commend the FBI Special Agents who worked on this case, with the assistance of the U.S. Attorney's Office, the Justice Department's Civil Rights Division, the Bernalillo County Sheriff's Office and the Metropolitan Detention Center's executive management and internal affairs staff.”

This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Mark T. Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division.

ALBUQUERQUE – Rodney Chavez, 47, of Albuquerque, N.M., pleaded guilty this morning to wire fraud and conspiracy to commit money laundering charges under a plea agreement that requires him to serve a 63 month prison sentence and pay full restitution, estimated at $590,250.00, to the victims of his criminal conduct.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and Dawn Mertz, Special Agent in Charge of the Phoenix Division of IRS Criminal Investigation.

Chavez and his co-defendants, Wayne Brian Church, Jr., 27, and Joshua G. Ellis, 43, both of Albuquerque, were charged in Jan. 2012, with wire fraud and money laundering charges in a 22-count indictment that generally alleged that the three men defrauded investors in a real estate venture of more than $800,000.  Chavez and Church were arrested based on the charges in the indictment in Feb. 2012.  Ellis has yet to be arrested and is considered a fugitive. 

After Church pleaded guilty in Aug. 2012 to a felony information charging him with conspiracy to commit wire fraud, Chavez and Ellis were charged in a 21-count superseding indictment that was filed in Oct. 2012.  The superseding indictment charged Chavez and Ellis with conspiracy to commit wire fraud and five substantive wire fraud offenses.  It also charged Chavez with conspiracy to launder the proceeds generated by their fraudulent activities and 14 substantive money laundering offenses, and sought forfeiture of the proceeds of the defendants’ unlawful activities. 

During today’s plea hearing, Chavez pleaded guilty to Counts 6 and 7 of the superseding indictment, charging him with wire fraud and conspiracy to commit money laundering, respectively.  In his plea agreement, Chavez admitted that, between March 2010 and April 2011, he designed and executed a scheme to defraud a group of investors of their interest in certain properties located in Puerto Peñasco, Mexico.  Chavez embarked on the scheme after learning that the investors were interested in selling the properties at a substantial loss after realizing that they would not be able to recoup the full amount of their original investments.  In March 2010, Chavez contacted a representative of the investor group under an assumed identity and entered into an agreement to sell the properties on behalf of the investors with the understanding that the investors would receive a return of 30% of their original investments.  Despite his stated intention to sell the properties and distribute the agreed amount to the investors, Chavez admitted that he never intended to honor that agreement and instead intended to defraud the investors by selling the properties and retaining the proceeds for himself.

According to the plea agreement, while falsely assuring investors of his efforts to sell the properties on their behalf, Chavez hired a real estate agent to sell the properties and sold five properties, the sales of which generated approximately $847,370.52 in proceeds.  After the proceeds were wire-transferred to a bank in Albuquerque with assistance from Church, Chavez did not distribute the proceeds to the investors.  Instead, Chavez and Church kept the proceeds and conspired to conceal the source of the proceeds by transferring the money to bank accounts held in the names of businesses they exclusively controlled.  None of the proceeds from the sale of properties were returned to the investors.

“Rodney Chavez took advantage of investors who already had lost the value of their investments by falsely promising to help them recoup part of their losses and instead using their proceeds to line his own pockets.  Ultimately, the truth caught up to Rodney Chavez and he will spend more than five years in prison for his fraudulent conduct,” said Acting U.S. Attorney Steven C. Yarbrough.  “Protecting investors from fraudulent schemes like the one perpetuated by Chavez and his cohorts is a priority for my Office, and those who commit these crimes will be aggressively tracked down and prosecuted.”

“Mr. Chavez preyed on his victims through a pattern of lies and deceit.  He created an elaborate scheme that he used to steal.  By pleading guilty today and accepting responsibility, Mr. Chavez has taken a positive first step in making amends for the harm he has caused the victims in this case,” stated IRS Criminal Investigation Special Agent in Charge Dawn Mertz.

Chavez will remain in custody pending his sentencing hearing, which has yet to be scheduled.  Church remains on conditions of release pending his sentencing hearing when he faces a maximum penalty of 30 years in prison.  The charges in the superseding indictment against Ellis are merely accusations and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

The case was investigated by the IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney John C. Anderson.

ALBUQUERQUE – MacDavis Bahe, 31, an enrolled member of the Navajo Nation who resides in Rehoboth, N.M., pleaded guilty this morning to a methamphetamine trafficking charge and unlawful possession of a firearm.  Under the terms of his plea agreement, Bahe will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

Bahe was indicted in June 2012, and charged with distributing methamphetamine and marijuana in McKinley County, N.M., between Feb. 2012 and May 2012.  He also was charged with being a felon in possession of a firearm and possession of an unregistered firearm.

During today’s plea hearing, Bahe admitted that he distributed methamphetamine on Feb. 17, 2012, to an individual who, unbeknownst to him, was an undercover officer.  Bahe also admitted that he unlawfully possessed a shotgun on May 1, 2012.  Bahe acknowledged that he was prohibited from possessing firearms and ammunition because he previously had been convicted of the following felony offenses in the 11th Judicial District Court for the State of New Mexico (McKinley County):  burglary, aggravated fleeing from a law enforcement officer, and being a felon in possession of a firearm or destructive device.

Bahe was arrested on June 4, 2012, and has been in federal custody since that time.  Bahe will remain detained pending his sentencing hearing, which has yet to be scheduled.  The remaining counts of the indictment will be dismissed after Bahe has been sentenced.

The case was investigated by the Albuquerque office of the FBI and the Middle Rio Grande Valley Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – James Darius Caje, 21, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty yesterday afternoon to a sexual assault charge under a plea agreement with the U.S. Attorney’s Office.

Caje was arrested in March 2013, on a criminal complaint alleging that he sexually assaulted a Mescalero Apache woman on July 27, 2012, in a location within the Mescalero Apache Reservation.  He subsequently was indicted on that same charge.

During yesterday’s proceedings, Caje pleaded guilty to the indictment and admitted engaging in a sexual act with the victim who was lapsing in and out of consciousness and was thus incapable of appraising the nature of the conduct.  Caje further admitted that he committed this crime on July 27, 2012, on the Mescalero Apache Reservation.

Caje is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Caje will be sentenced to a term of 51 months to 63 months in federal prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

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.

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.

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.

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.

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.

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

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.

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 – 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.

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.

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.

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.

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/.