District of New Mexico
Press releases recorded for this federal judicial district.
U.S. Attorney Enters into A Consent Decree with Albuquerque Rental Property OwnerRead the Press Release
Consent Decree Resolves Fair Housing Act Claims
Of Discrimination Against A Tenant With DisabilitiesALBUQUERQUE – U.S. Attorney Kenneth J. Gonzales announced that his office has entered into a court-approved consent decree which resolves the government’s claims that Michael F. Croom, the owner and manager of rental property in Albuquerque, N.M., violated the Fair Housing Act (FHA) by discriminating against a tenant with disabilities.
The government’s civil complaint was filed in federal court in Nov. 2012, on behalf of a tenant who became disabled as a result of a medical condition more than two years after living in a house he and his family rented from Mr. Croom. It alleged that Mr. Croom engaged in discriminatory practices and retaliation based on the tenant’s disability in violation of the FHA by unlawfully refusing to permit the tenant to make reasonable modifications to the rented premises to accommodate the tenant’s disability at the tenant’s own expense and with the assurance that the tenant would restore the premises to their original condition. The complaint also alleged that Mr. Croom unlawfully retaliated against the tenant by evicting him after he requested permission to make reasonable modifications to accommodate his disability.
Under the consent decree, which is effective for three years, Mr. Croom is prohibited from: discriminating against any person in the sale or rental of a dwelling based on a disability; refusing to permit any person with a disability from making reasonable modifications to rental premises that are necessary to accommodate the person’s disability; and intimidating or threatening any person who exercises rights protected by the FHA. The consent decree also requires Mr. Croom to:
Implement standards and procedures for receiving and handling requests made by persons with disabilities for reasonable modifications and accommodations at his rental properties;
Inform all tenants upon execution of their leases that they may make reasonable modifications to their dwellings at their own expense to make the dwellings more accessible;
Include a Reasonable Accommodation or Modification for Persons with Disabilities Policy in all rental leases;
Notify all persons responsible for the management and maintenance of his rental properties of their obligations under the consent decree;
Ensure that he and anyone else who has responsibility for management of his rental properties attend an educational program concerning the substantive provisions of federal, state and local fair housing laws and regulations;
Submit to the government written reports regarding his efforts to comply with the consent decree on a semi-annual basis; and
Pay a $200,000 monetary award to the tenant on whose behalf the government’s complaint was filed.The FHA prohibits discrimination in the sale or rental of a dwelling to a buyer or renter because of a disability. Discrimination includes the refusal to permit, at the expense of a person with a disability, reasonable accommodations of the premises where the renter agrees to restore the interior of the premises to their pre-existing condition.
“My Office is committed to ensuring that all New Mexico residents have equal access to housing,” said U.S. Attorney Gonzales. “We will continue to build on the Justice Department’s record of enforcing fair housing laws and removing barriers that are discriminatory to New Mexicans with disabilities.”
The government’s case was litigated by Assistant U.S. Attorney Ruth F. Keegan with assistance from the U.S. Attorneys’ Fair Housing Program in the Justice Department’s Housing and Civil Enforcement Section of the Civil Rights Division.
Fighting illegal discrimination in housing is a top priority of the Department of Justice and the U.S. Attorney’s Offices. The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. More information about the laws enforced by the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office is available at www.justice.gov/crt. Individuals who believe they have been victims of housing discrimination or have information can call the Housing Discrimination Tip Line at 1-800-896-7743, or email the Department of Justice at www.fairhousing.usdoj.gov.
-
Consent Decree
-
Federal Jury Convicts Albuquerque Real Estate Broker on Wire Fraud ChargesRead the Press Release
ALBUQUERQUE – Late yesterday afternoon, a federal jury returned a guilty verdict against Keith Michael Courtney, 31, of Albuquerque, N.M., on wire fraud charges after a three day trial, announced U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
Courtney and co-defendant John Johns, 40, also of Albuquerque, 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 entered a guilty plea to the indictment. During his plea hearing, Johns admitted his role 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, BDCC.
Courtney proceeded to trial which began on March 25, 2013. 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 an aggregate 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.
The jury deliberated approximately two and a half hours before returning a guilty verdict on all three counts in the indictment.
Courtney remains on conditions of release pending his sentencing hearing, which has not yet been scheduled. At sentencing, Courtney faces a maximum penalty of 20 years in prison and a $250,000 fine on each of the three wire fraud counts of conviction. Johns also is on conditions of release pending his sentencing hearing, and faces the same maximum penalties.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mary L. Higgins.
Santa Fe Man Sentenced to Federal Prison for Armed Robbery of K-Mart Store in Santa FeRead the Press Release
ALBUQUERQUE – Anthony Gutierrez, 43, of Santa Fe, N.M., was sentenced this morning to 96 months in prison to be followed by three years of supervised release for a firearms conviction arising out of an armed robbery of a K-Mart Store in Santa Fe.
Anthony Gutierrez and his brother, Angelo Gutierrez, 22, were indicted in Jan. 2012, and charged with (1) conspiracy to violate the Hobbs Act by interfering with a business engaged in interstate commerce by robbery, (2) committing a Hobbs Act robbery, and (3) using and carrying a firearm in relation to a crime of violence. These three charges arose out of the Oct. 21, 2011 armed robbery of the K-Mart Store located at 1712 Saint Michaels Drive in Santa Fe. The indictment also charged Anthony Gutierrez, who previously had been convicted of residential burglary and larceny, with being a felon in possession of a firearm.
Anthony Gutierrez was arrested on Feb. 15, 2012, after being transferred from state custody to federal custody. He has been in federal custody since that time. On Nov. 21, 2012, Gutierrez pled guilty to using and carrying a firearm in relation to a crime of violence and to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office. In entering his guilty plea, Gutierrez admitted entering the K-Mart Store on Oct. 21, 2011, with the intention of robbing the store of DVDs. While Gutierrez was attempting to steal the DVDs, K-Mart’s loss prevention officers attempted to apprehend him and he fought against the officers. During the fight, Gutierrez pointed a firearm at the officers causing the officers to release him and he fled from the scene with the firearm and the DVDs. Gutierrez admitted that
he had a prior felony conviction at the time of these events.Angelo Gutierrez was arrested on Feb. 8, 2012, after being transferred from state custody to federal custody. On Dec. 3, 2012, Angelo Gutierrez entered a guilty plea to the three counts of the indictment against him (the conspiracy count, the Hobbs Act robbery, and the firearms charge) without the benefit of a plea agreement. Angelo Gutierrez remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Santa Fe Police Department, with assistance from the K-Mart Store loss prevention officers. It was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Holland S. Kastrin.
Former Los Alamos National Bank Employee Sentenced to Prison for Bank Fraud ConvictionRead the Press Release
ALBUQUERQUE – Deborah Gayle Wood, 56, currently residing in Grove, Okla., was sentenced yesterday afternoon to eight months in prison followed by five years of supervised release for her bank fraud conviction. Wood also was ordered to pay $4,390.93 in restitution and a $10,000.00 fine.
Wood pled guilty in Dec. 2011 to a felony information charging her with bank fraud. In her plea agreement, Wood admitted that, from 2004 to 2005, while she was employed as a trust officer by the Los Alamos National Bank, she defrauded the Bank on numerous occasions by obtaining reimbursement for personal expenditures that she falsely represented as expenditures made on behalf of a bank trust account client. Wood also admitted using a Bank credit card issued in the client’s name on numerous occasions to make personal purchases that she falsely represented as expenses made on behalf of the client.
Court filings reflect that, between 2003 and 2006, Wood was the trust officer for the trust account of an elderly client suffering from Alzheimer’s disease. As trust officer, Wood’s responsibilities included making sure that the client’s living expenses were provided for and that her bills were paid in a timely manner. In the course of her work, Wood regularly purchased items for her personal use and falsely informed the Bank that the items were for the client’s benefit and should be charged to the client’s trust account. When the Bank learned that Wood had engaged in a multi-year pattern of fraud against the client’s trust account, the Bank reimbursed the client by crediting her trust account in the amount of $101,391.10.
The case was investigated by the Santa Fe office of the FBI and was prosecuted by Assistant U.S. Attorney John C. Anderson.
Santa Teresa, N.M., Man Pleads Guilty to Unlawfully Possessing Seventy-Two Stolen FirearmsRead the Press Release
Firearms Stolen From Four Federal Firearm Licensed Dealers
in El Paso, Texas, and Las Cruces, New MexicoALBUQUERQUE – Emilio Sandoval, 21, of Santa Teresa, N.M., entered a guilty plea this afternoon to a felony information charging him with possession of stolen firearms under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sandoval and co-defendant Cisco Rene Gutierrez, 18, of El Paso, Texas, were charged in a criminal complaint filed in federal court in Las Cruces, N.M., on Nov. 8, 2012, that alleged the transportation of stolen firearms from Texas to New Mexico and possession of stolen firearms. Sandoval was arrested on Nov. 14, 2012, in El Paso and transferred to Las Cruces on Nov. 26, 2012, to face the charges in the criminal complaint.
During today’s proceedings, Sandoval pled guilty to a felony information and admitted stealing firearms or aiding and abetting the theft of firearms from four federal firearms licensed (FFL) dealers in El Paso and Las Cruces between May 2012 and Nov. 2012. Specifically, Sandoval admitted his role in burglarizing the following FFLs and stealing an aggregate of 72 firearms:
Sportsman’s Elite in El Paso on May 7, 2012, where 34 firearms were stolen.
Stryker’s Shooting World in El Paso on May 19, 2012, where 10 firearms were stolen.
Country Wide Shooters in El Paso on Sept. 23, 2012, where six firearms were stolen.
Stryker’s Shooting World in Las Cruces on Nov. 13, 2012, where 22 firearms, including four silencers, were stolen.Sandoval admitted that the firearms stolen from FFLs in El Paso were transported to New Mexico shortly after they were stolen. He also acknowledged that all 72 firearms traveled in interstate or foreign commerce before they were stolen.
Sandoval has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sandoval faces a maximum penalty of ten years in prison and a $250,000 fine.
Co-defendant Gutierrez was arrested in Las Cruces on Dec. 6, 2012, and is detained pending trial. The criminal complaint against Gutierrez is merely an accusation and he is presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the El Paso and Las Cruces offices of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the El Paso Police Department, the Las Cruces Police Department, the Doña Ana County Sheriff’s Office and the Sunland Park Police Department. Supervisory Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Mescalero Apache Man Pleads Guilty to Sexually Abusing A MinorRead the Press Release
ALBUQUERQUE – Gregory Warren Second, 22, a member and resident of the Mescalero Apache Nation, pled guilty this afternoon to sexually abusing a minor under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales 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.
During this afternoon’s proceedings, Second entered a guilty plea to a felony information charging him with sexual abuse of a child under the age of 16 years. Second admitted that on May 22, 2012, he knowingly engaged in a sexual act with a 12-year-old child.
Second will remain in federal custody pending his sentencing hearing, which has yet to be set. At sentencing, Second faces a maximum penalty of 15 years in prison to be followed by at least five years of supervised release. Second also will be required to register as a sex offender.
This case was investigated by the BIA’s Office of Justice Services, Mescalero Agency and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, 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/.
Retired Teacher from Raton, N.M., to Serve Ten Years in Prison for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Joseph F. Zinkiewicz, 76, was sentenced this morning to ten years in federal prison followed by ten years of supervised release for his possession of child pornography conviction. Zinkiewicz will be required to register as a sex offender after he completes his prison sentence. Zinkiewicz’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.
Zinkiewicz, a retired teacher who resides in Raton, N.M., was arrested in April 2012, on a criminal complaint and charged with distributing, receiving and possessing child pornography in Colfax County, N.M., between Oct. 2011 and April 2012. He has been in federal custody since that time. Zinkiewicz was indicted in June 2012, and charged with three counts of distribution of child pornography, one count of receipt of child pornography, and two counts of possession of child pornography. He pled guilty on Oct. 23, 2012, to possession of child pornography.
Zinkiewicz was arrested as the result of an investigation that initially targeted a suspect in Colorado. During the investigation, an undercover agent engaged in communications with the Colorado suspect and learned that the suspect was a member of a group that used E-mail accounts to distribute and receive child pornography. In Nov. 2011, after the undercover agent obtained a hard drive containing thousands of child pornography images and videos from the Colorado suspect, agents executed a search warrant on the E-mail account used by the Colorado suspect and were able to identify the E-mail accounts of individuals, including Zinkiewicz, who shared child pornography with the Colorado suspect.
Beginning in Jan. 2012 and continuing until March 5, 2012, the undercover agent used the E-mail account belonging to the Colorado suspect to communicate with Zinkiewicz through his E-mail account. During these communications, Zinkiewicz sent a series of E-mails that included child pornography images and videos to the undercover agent. On April 4, 2012, law enforcement officers executed a federal search warrant at Zinkiewicz’s residence in Raton, and seized computers and computer-media in addition to photographs and DVDs that contain child pornography.
According to court records, Zinkiewicz admitted that he voluntarily participated in a recorded interview while the search warrant was executed at this residence and told agents that he had been looking at child pornography for ten to fifteen years. He also admitted to using his E-mail account to exchange child pornography with others on the Internet. Zinkiewicz also acknowledged that a forensic examination of his computer and computer-related media revealed that they contained nine videos and more than 1000 images of child pornography, including 28 images of children who have been identified as child pornography victims and have been rescued.
Zinkiewicz was subject to enhanced penalties in this case because he previously has been convicted of a child pornography offense. Records reveal that Zinkiewicz was convicted of distribution of child pornography in the Superior Court of the State of New Jersey in Jan. 2002.
The case was investigated by the HSI offices in Albuquerque and Greeley, Colo., with assistance from the New Mexico State Police and the Eighth Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc/.
The case also was brought as part of the New Mexico Internet Crimes Against Children Task Force’s (ICAC Task Force) mission 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.
Pojoaque Pueblo Woman Pleads Guilty to Abandoning Her InfantRead the Press Release
ALBUQUERQUE – Alma Garcia, 29, a member and resident of Pojoaque Pueblo, pled guilty this morning in federal court to a misdemeanor information charging her with child abandonment.
The information charged Garcia with abandoning her minor child in spring 2010, in a situation in which the child may have suffered neglect. In entering her guilty plea this morning, Garcia admitted that, in April or May 2010, she intentionally left her infant in the custody of another person who neglected the child. Garcia admitted that this incident occurred on Pojoaque Pueblo.
Garcia was released under pretrial supervision pending her sentencing hearing, which has yet to be scheduled. At sentencing, Garcia faces up to a year in prison and a $1,000.00 fine.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency with assistance from the Pojoaque Pueblo Department of Social Services, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Former El Paso County Judge Sentenced to Federal Prison for Role in Conspiracy to Embezzle Federal Program FundsRead the Press Release
ALBUQUERQUE – Former El Paso County Judge Dolores Briones, 61, was sentenced this morning in the U.S. District Court for the Western District of Texas to 30 months in federal prison for conspiring to embezzle federal program funds, announced U.S. Attorney Kenneth J. Gonzales for the District of New Mexico and Special Agent in Charge Mark Morgan of the El Paso Division of the FBI.
Briones, who currently resides in Austin, Tex., will be on supervised release for three years after completing her prison sentence. She also is required to pay $36,000.00 in restitution.
In Dec. 2011, Briones pled guilty to conspiracy to commit theft or embezzlement of federal program funds. In entering her guilty plea, Briones admitted that, from June 2005 through Dec. 2006, she conspired with Ruben “Sonny” Garcia, Jr., then president of L.K.G. Enterprises, Inc. (LKG), and Cirilo “Chilo” Lara Madrid to accept bribes in exchange for her assistance to LKG involving a federal program grant from the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency of the U.S. Department of Health and Human Services.
The SAMHSA grant included an evaluation component requiring that data related to the services provided by the Border Children’s Mental Health Collaborative (BCMHC), a healthcare program for severely mentally handicapped and emotionally disturbed children in El Paso County, be reported to SAMHSA. In Nov. 2005, El Paso County contracted with LKG to collect the necessary data. Subsequently, Garcia and Madrid agreed to pay $3000.00 a month to Briones, who was serving as the principal investigator for the SAMHSA grant, to assist and help LKG’s efforts to maintain and keep the contract. Thereafter, Garcia and Madrid, through LKG, made 12 monthly payments of $3,000.00 to an intermediary, who forwarded $2000.00 a month to Briones pursuant to her illegal agreement with Garcia and Madrid. Briones illegally obtained $24,000.00 through this scheme.
“Today’s sentencing of Briones sends a strong message regarding the FBI’s continued commitment to aggressively pursue individuals who have violated the public’s trust through their own greed, personal gain, and total abdication of the duties they were sworn to up-hold,” said Mark Morgan, Special Agent in Charge of the El Paso Division of the FBI. “Briones, holding one the highest positions of trust within our justice system, shattered the very essence of core values by her actions and has left a city questioning their confidence in the very officials they rely on to provide them protection and safety – this cannot be tolerated.”
This case was investigated by the El Paso Division of the FBI and was prosecuted by Steven C. Yarbrough, First Assistant U.S. Attorney in the District of New Mexico, and Assistant U.S. Attorneys William F. Lewis, Jr., and Juanita Fielden in the Western District of Texas.
Former Air Force Sergeant Sentenced to Eighty Months in Prison for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Late yesterday afternoon a federal judge sentenced Christopher Garcia, 34, of Clovis, N.M., to 80 months in prison followed by a lifetime of supervised release for his child pornography conviction. Garcia will be required to register as a sex offender after he completes his prison sentence. Garcia’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Curry County Sheriff Matt Murray.
Garcia was indicted in July 2012, and charged with three counts of receipt of child pornography, and three counts of possession of child pornography. According to the indictment, Garcia received and possessed child pornography between Dec. 12, 2011 and Jan. 17, 2012, in Curry County, N.M. During that period, Garcia was a sergeant with the U.S. Air Force assigned to the 16th Special Operations Squadron at Cannon Air Force Base.
On Nov. 16, 2012, Garcia pled guilty to Count 2 of the indictment charging him with receipt of a visual depiction of a minor engaged in sexually explicit conduct. During his plea hearing, Garcia acknowledged that he was charged as the result of an undercover investigation that began in Jan. 2012, and targeted individuals who possess, receive and distribute child pornography. As a result of the investigation, a search warrant to seize computers and computer related media was executed at Garcia’s residence on Jan. 17, 2012. While the search warrant was executed, Garcia voluntarily participated in a recorded interview during which he admitted that he had been downloading and viewing child pornography for approximately two years. Garcia also acknowledged that a forensic examination of his computers and computerrelated media disclosed thousands of images and videos consistent with child pornography.
This case was investigated by HSI, the Curry County Sheriff’s Office and the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Beclabito, N.M., Man Pleads Guilty to Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Stanford Benally, 41, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., pled guilty this morning to an involuntary manslaughter charge under a plea agreement with the U.S. Attorney’s Office.
Benally was arrested on Sept. 11, 2012, on an indictment charging him with second degree murder and involuntary manslaughter. The second degree murder charge alleged that, on May 19, 2012, Benally caused the death of a minor female by serving her liquor and failing to provide care and seek medical attention for her in a manner that evinced a callous and wanton disregard for human life. The involuntary manslaughter charge alleged that Benally caused the death of victim, who was unconscious and intoxicated, by negligently failing to provide care or to seek medical assistance for the victim.
During this morning’s proceedings, Benally pled guilty to the involuntary manslaughter charge. In entering his guilty plea, Benally admitted that, on May 19, 2012, he killed his daughter by negligently failing to provide care or seeking medical assistance for her even though he knew she was unconscious and intoxicated. He further admitted that his criminal act took place on the Navajo Indian Reservation.
Benally has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Benally faces a maximum penalty of eight years in prison. The second degree murder charge will be dismissed after Benally is sentenced.
The case is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety.
Albuquerque Man Sentenced to Federal Prison for Armed Robbery of Fast Food Restaurant in Moriarty, N.M.Read the Press Release
ALBUQUERQUE – Yesterday afternoon a federal judge sentenced Abraham Sedillo, 26, of Albuquerque, N.M., to 51 months in prison followed by three years of supervised release for his federal armed robbery conviction. Sedillo also was ordered to make full restitution to the victim of the armed robbery. Sedillo’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, 7th Judicial District Attorney Clint Wellborn, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sedillo was indicted in March 2012, and charged with violating the Hobbs Act by interfering with a business engaged in interstate commerce by robbery. The federal charge against Sedillo arose out of the armed robbery of a Blake’s Lotaburger Restaurant in Moriarty, N.M., on Sept. 12, 2011. In Oct. 2012, Sedillo pled guilty to the indictment without the benefit of a plea agreement.
According to court records, on the night of Sept. 12, 2011, Sedillo, who was armed with a revolver, and an unidentified co-conspirator, who was armed with a knife, entered the Blake’s Lotaburger Restaurant shortly before its 10:00 p.m. closing time. Sedillo and his accomplice jumped over the counter, brandished their weapons at two employees, and demanded money. After the accomplice grabbed a container of money from the employees, the two robbers ran out of the restaurant.
During interviews with the Moriarity Police Department, the employees reported recognizing Sedillo because he had been employed at the restaurant in fall and winter of 2010. On Sept. 13, 2011, officers of the Albuquerque Police Department arrested Sedillo in Albuquerque, based on a state arrest warrant obtained by the Moriarity Police Department. Sedillo remained in local custody on state charges until April 11, 2012, when he was transferred to federal custody.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Moriarity Police Department, the Albuquerque Police Department and the District Attorney’s Office for the 7th Judicial District of the State of New Mexico, and was prosecuted by Assistant U.S. Attorneys Raul Torrez and William J. Pflugrath.
Former Employee of Santa Ana Star Casino Pleads Guilty to Embezzling Money from the CasinoRead the Press Release
Wife Pleads Guilty to Participating in Husband’s Embezzlement SchemeALBUQUERQUE – John Hoffman, 42, of Rio Rancho, N.M., entered a guilty plea this morning to the felony offense of theft by an employee of a Indian gaming establishment. His wife and accomplice, Michelle Fischer, 42, entered a guilty plea to the misdemeanor offense of theft from an Indian gaming establishment. The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales and Police Chief Harry Betz of the Santa Ana Tribal Police Department.
Hoffman pled guilty to a felony information charging him with embezzling money belonging to the Santa Ana Star Casino, which is operated by Santa Ana Pueblo, from Dec. 2010 to Aug. 2011. At the time, Hoffman was employed in the Marketing Department of the Santa Ana Star Casino. In entering his guilty plea, Hoffman admitted that, during the period covered by the information, he abused his position at the Santa Ana Star Casino by gaining access to active and inactive “Player’s Club” cards and adding money and credits to the cards without proper basis or authority. Hoffman further admitted that he then gave the cards to Fischer knowing that she intended to distribute the cards to others who would use the cards to gamble and who would give Hoffman and Fischer a percentage of their winnings.
Fischer pled guilty to a misdemeanor information charging her with theft of money belonging to the Santa Ana Star Casino. In entering her guilty plea, Fischer admitted obtaining “Player’s Club” cards to which she was not entitled from a casino employee, and giving the cards to others who used the cards to gamble with the understanding that Fischer would receive a percentage of their winnings. Fischer also admitted that she also used some of the cards to gamble knowing that she was not entitled to do so and for the purpose of obtaining a financial benefit.
Hoffman and Fischer were both released on conditions of release pending their sentencing hearings, which have yet to be scheduled. At sentencing, Hoffman faces a maximum penalty of 20 years in prison and Fischer faces a maximum penalty of one year in prison. Hoffman and Fischer will be required to make restitution to Santa Ana Star Casino in the amount for which the Court determined each to be responsible.
These cases were investigated by the Santa Ana Tribal Police Department and are being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Federal Jury Convicts Albuquerque Man for Unlawfully Possessing A FirearmRead the Press Release
Prior Felon Brandished Pistol at 17-Year-Old and Threatened to Kill HerALBUQUERQUE – A federal jury returned a guilty verdict this morning against Christian Alexander Sangiovanni, 32, of Albuquerque, N.M., for being a felon in possession of firearms and ammunition after a two-day trial, announced U.S. Attorney Kenneth J. Gonzales, 2nd Judicial District Attorney Kari E. Brandenburg, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sangiovanni was arrested in Aug. 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Sangiovanni unlawfully possessed a firearm and ammunition on April 25, 2010, in Bernalillo County, N.M. At the time, Sangiovanni was prohibited from possessing firearms or ammunition because he previously had been convicted of the following three felony offenses in the 12th Judicial District Court for the State of New Mexico: embezzlement in 2000; sexual exploitation of children in 2001; battery on a police officer in 2003. He also previously had been convicted of possession of heroin with intent to distribute in the 4th Judicial District Court for the State of New Mexico in Guadalupe County in 2005.
According to the evidence at trial, on April 25, 2010, a 17-year-old high school student encountered Sangiovanni, an acquaintance she knew through a mutual friend, at a convenience store in the Northeast Heights of Albuquerque while running an errand for her mother. When the teenager parked her car, Sangiovanni got into the front passenger seat. After yanking the car keys out of the ignition and slapping a cellphone out of the teenager’s hand to prevent her from calling for help, Sangiovanni pulled a firearm out, brandished the weapon at the teenager, and threatened her against getting out of the car. During the encounter, Sangiovanni told the teenager that, “I have no problem blasting both of us right now, you first, then me.” After a time, Sangiovanni permitted the teenager to enter the store, make her purchase and return home.
Later that night, Sangiovanni sent the teenager an E-mail in which he threatened her against telling anyone about the violent encounter. Thereafter, Sangiovanni E-mailed the teenager photographs of himself holding a pistol to his head. On April 26, 2010, the teenager and her mother contacted the police and reported Sangiovanni’s threats against the teenager and provided the E-mails containing the threats and photographs of Sangiovanni holding the pistol to his head.
On May 3, 2010, after Sangiovanni continued to send threatening E-mails to the teenager, officers executed an arrest and search operation at a residence where Sangiovanni was staying. After arresting Sangiovanni on state charges, the officers found a Smith & Wesson, model 459, 9mm pistol with an extended magazine that contained rounds of ammunition. The pistol subsequently was identified by the teenager as the weapon that Sangiovanni brandished at her on April 25, 2010.
The jury deliberated approximately three hours before returning a guilty verdict.
Sangiovanni has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. Sangiovanni faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal. In that event, Sangiovanni faces a mandatory minimum sentence of 15 years in prison.
U.S. Attorney Kenneth J. Gonzales said that the case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
District Attorney Kari E. Brandenburg added, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in Bernalillo County. It is imperative to remove armed felons from our community.”
Today’s guilty verdict puts a violent offender back behind bars and off the streets. Anytime we can prevent a violent felon from possessing a firearm, our families and communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team in pursuing federal firearms charges against Sangiovanni.” Mr. Atteberry also recognized the efforts of the dedicated ATF agents and the Albuquerque Police Department officers who perfected this criminal case.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 2nd Judicial District Attorney’s Office and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Adam S. Rowley.
Albuquerque Man Arraigned on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – William Winzenburg, Jr., 27, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with child pornography offenses.
During this morning’s proceedings, Winzenburg entered a not guilty plea to the fourcount indictment which charges him with two counts of receiving visual depictions of minors engaged in sexually explicit conduct and two counts of possession of a visual depiction of minors engaged in sexually explicit conduct. According to the indictment, Winzenburg received child pornography in Nov. 2012, and possessed child pornography in Feb. 2013. The four offenses allegedly occurred in Bernalillo County.
Winzenburg was arrested on Feb. 7, 2013 on a criminal complaint filed by the FBI based on an investigation initiated by the Bernalillo County Sheriff’s Office (BCSO) in Nov. 2013, after receiving information from the National Center for Missing and Exploited Children that that a specific IP address was being used to receive child pornography. According to the criminal complaint, after the investigation revealed that the IP address was subscribed to Winzenburg, on Feb. 7, 2013, the FBI and BCSO executed a search warrant at Wenzenburg’s residence and seized computers and computer-related media which allegedly contained child pornography.
Winzenburg has been in federal custody since his arrest and remains detained pending trial, which has yet to be scheduled.
If convicted, Winzenburg faces a maximum penalty of not less than 15 years or more than 40 years in prison on each of the two receipt of child pornography charges. If convicted on the possession of child pornography charges, Winzenburg faces a maximum penalty of not less than 10 years or more than 20 years in prison. The sentencing exposure on the child pornography charges is enhanced as a result of Winzenburg’s prior sexual abuse conviction.
The case was investigated by the FBI, BCSO and the New Mexico Regional Computer Forensic Laboratory, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Charges in indictments and criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Shiprock Man Sentenced to Sixteen Years in Prison for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Samuel Jackson, 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 16 years in prison for his abusive sexual contact conviction. Jackson will be on supervised release for five years after he completes his prison sentence. He also will be required to register as a sex offender.
Jackson pled guilty to the abusive sexual contact charge on July 17, 2012. In entering his guilty plea, Jackson admitted sexually assaulting a Navajo child under the age of 16 years in a residence in Shiprock on Aug. 5, 2011. At the time of the offense and until his arrest in Jan. 2012, Jackson was employed as a back-up bus driver at Shiprock division of the Central Consolidated School District No. 22.
The case was investigated by the Farmington office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
Farmington Man Pleads Guilty to Methamphetamine Trafficking and Firearms ChargesRead the Press Release
Plea Agreement Requires Defendant to Serve 17 Year Prison SentenceALBUQUERQUE – Lindsey Joe Brown, II, 40, of Farmington, N.M., pled guilty this morning to methamphetamine trafficking and firearms charges under a plea agreement that requires him to serve a17 year prison sentence. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, District Attorney Rick P. Tedrow for the 11 th Judicial District of the State of New Mexico in San Juan County, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Director of the Region II Narcotics Task Force.
Brown was indicted in March 2012 and charged with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and using a firearm in relation to a drug trafficking crime. According to the indictment, Brown committed these crimes in San Juan County, N.M., in Oct. 2011. Brown was arrested on April 5, 2012, and has been in federal custody since that time.
This morning, Brown pled guilty to possession of methamphetamine with intent to distribute and the firearms offense. In his plea agreement, Brown admitted that, on Oct. 26, 2011, he agreed to sell methamphetamine to a person who unbeknownst to him was working as an informant. Law enforcement officers conducted surveillance as Brown drove from Farmington to Cuba, N.M., where he purchased methamphetamine from his supplier. While Brown was traveling back to Farmington, the officers obtained a search warrant for Brown’s 2009 Ford Mustang. When the officers executed the search warrant, they found a box in the Mustang’s trunk that contained more than 200 grams of methamphetamine. In the center console of the Mustang, the officers found a fully loaded .9 mm semi-automatic pistol and other .9 mm ammunition. Brown was arrested on state charges, which were later dismissed after Brown was arrested on federal charges.
Under the terms of his plea agreement, Brown has agreed to forfeit the Mustang used to transport the methamphetamine and the firearm and ammunition found in the vehicle.
11th Judicial District Attorney Rick P. Tedrow said, “The assistance provided by the U.S. Attorney’s Office has provided San Juan County a great benefit in allowing our agencies to coordinate strengths and remove dangerous offenders from our communities. It is our hope to continue working together with prosecutors from our office, the prosecutors from the U.S. Attorney’s office, and all our law enforcement agencies and keep moving forward toward our common goal of safe communities in this State.”
“The message to drug traffickers is clear: Make no mistake. HSI is working aggressively with our state and local law enforcement partners to reduce drug trafficking activity in New Mexico,” said Dennis A. Ulrich, Special Agent in Charge of HSI El Paso. “And our alliance is strengthened by our commitment to public safety and border security.”
“I want to thank HSI and the U.S. Attorney's Office for their continued partnership with Region II and local agencies in San Juan County,” said Lt. Neil Haws, Director of Region II Narcotics Task Force. “Lindsey Brown was a major methamphetamine supplier to our area, and this prison sentence will ensure that he will not be selling drugs in our community for a long time. It is also a reminder to other local drug dealers that we have State and Federal partners in our efforts to investigate drug trafficking organizations and their members and that we will aggressively pursue and prosecute them for their crimes.
In announcing the guilty plea, U.S. Attorney Kenneth J. Gonzales commended the 11th Judicial District Attorney’s Office, HSI and the Region II Narcotics Task Force for their work in this cooperative investigation and prosecution. Assistant U.S. Attorney Lynn W.Y. Wang is prosecuting the case for the government and Assistant U.S. Attorney Cynthia L. Weisman is handling the forfeiture proceedings.
Federal Jury Convicts Nebraska Man on Federal Drug Trafficking ChargesRead the Press Release
Defendant Guilty of Transporting PCP and Codeine on AmTrak TrainALBUQUERQUE – Shortly before noon today, a federal jury returned a guilty verdict against Rayvell Vann, 45, of Omaha, Neb., on drug trafficking charges after a two-day trial, announced U.S. Attorney Kenneth J. Gonzales 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.
According to the evidence at trial, on April 9, 2012, a DEA special agent, who was conducting an interdiction investigation at the AmTrak train station in Albuquerque, approached Vann, who was a passenger on a train and was 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 told the agent 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, agreed to 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. When the agent asked for permission to open the box, Vann said the box contained a birthday gift for his aunt but could not provide his aunt’s birth date. Shortly thereafter, while the conversation continued to be recorded, Vann admitted that the box contained illegal drugs, codeine cough syrup and “Ops” – short for Oxycotin, a prescription painkiller. The agent then arrested Vann and obtained a search warrant for the box.
When DEA agents opened the box, they 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 bulk of the PCP after first taking a sample for testing.
After confirming that the PCP was appropriately handled, the agents interviewed Vann, who expressed surprise that the box contained PCP. Vann admitted purchasing PCP, codeine and Oxycotin while he was in Los Angeles, but claimed to have sent the PCP to Omaha by an expedited courier service. Vann told the agents he intended to sell the PCP, the codeine and Oxycotin in Omaha.
The jury deliberated about ninety minutes before returning a guilty verdict.
Vann has been in federal custody since his arrest on federal charges and remains detained pending his sentencing hearing, which has not yet been scheduled. Vann faces a mandatory minimum ten years in prison and a maximum of life in prison because he previously was convicted of a narcotics trafficking offense. Court records reflect that Vann was convicted of possession of a controlled substance in the State of Nebraska in 1989.
The 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." Assistant U.S. Attorneys David M. Walsh and Norman Cairns are prosecuting the case for the government.
Albuquerque Man Indicted on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Chad F. Summers, 40, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with child pornography and firearms offenses. The indictment against Summers was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.
During this morning’s proceedings, Summers entered a not guilty plea to the five-count indictment which charges him with three counts of receiving visual depictions of minors engaged in sexually explicit conduct, one count of possession of a visual depiction of minors engaged in sexually explicit conduct, and one count of being a felon in possession of a firearm. According to the indictment, Summers received child pornography on April 2006 and Dec. 2012, and possessed child pornography in Dec. 2012. Summers also is charged with unlawfully possessing a firearm in Feb. 12, 2013. At the time, Summers was prohibited from possessing firearms and ammunitions because he previously had been convicted of a felony offense, specifically possession of child pornography, in an Oregon state court. The five offenses allegedly occurred in Bernalillo County.
Summers was arrested on Feb. 12, 2013 on a criminal complaint by HSI special agents based on an investigation initiated by the New Mexico State Police (NMSP) in Oct. 2013, that determined that an IP address subscribed to Summers was being used to receive child pornography. According to the criminal complaint, on Feb 12, 2013, law enforcement officers with HSI, NMSP and the Albuquerque Police Department (APD) executed a federal search warrant at Summers’ residence and seized computers and computer-related media which allegedly contained child pornography. Officers also seized a .9 mm pistol during the search of Summers’ residence.
If convicted, Summers faces a maximum penalty of not less than 15 years nor more than 40 years in prison on each of the three receipt of child pornography charges. If convicted on the possession of child pornography charge, Summers faces a maximum penalty of not less than 10 years nor more than 20 years in prison. The sentencing exposure on the child pornography charges is enhanced as a result of Summers’ prior child pornography conviction. The maximum penalty for a conviction on the firearms charge is ten years in prison.
The case was investigated by HSI, the NMSP and APD, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Shiprock, N.M., Man Pleads Guilty to Federal Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – Raydell Billy, 22, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to assault and firearms charges under a plea agreement with the U.S. Attorney’s Office.
Billy was arrested on Jan. 16, 2013, on a criminal complaint charging him with assault and firearms offenses. On Feb. 6, 2013, Billy was indicted and charged with two counts of being a felon in possession of a firearm, assault with a dangerous weapon; and using a firearm during a crime of violence. Billy was charged with committing these offenses on the Navajo Indian Reservation in San Juan County, N.M., on Nov. 15, 2012 and Jan. 12, 2013.
Today, Billy pled guilty to a criminal information charging him with assault with a dangerous weapon and using a firearm in furtherance of a crime of violence. In entering his guilty plea, Billy admitted that on Jan. 12, 2013, he assaulted a family member with a .22 caliber Winchester rifle by pointing the rifle at the victim and pulling the trigger. Billy also admitted hitting the victim in the head with the butt-stock of the rifle.
Billy has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Billy faces a maximum penalty of ten years in prison for the assault with a dangerous weapon charge. He also faces a mandatory five year in prison term on the firearms charge that must be served consecutive to any prison sentence imposed on the assault charge.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Mescalero Apache Man Facing Federal Sexual Assault ChargeRead the Press Release
ALBUQUERQUE – Elroy Duffy, 51, a member and resident of the Mescalero Apache Nation, was arrested on March 7, 2013, on a criminal complaint charging him with sexual assault. Duffy entered a not guilty plea to the complaint yesterday, and this morning a U.S. Magistrate Judge in Las Cruces ordered Duffy detained pending trial.
According to the criminal complaint, Duffy allegedly sexually assaulted a Mescalero Apache woman on Oct. 14, 2012, in a residence located within the Mescalero Apache Reservation. The victim required medical care for the injuries she allegedly sustained as a result of the assault.
Court records reflect that Duffy was in tribal custody from Oct. 18, 2012 until his arrest on federal charges.
If convicted, Duffy faces a maximum sentence of life in prison and will be required to register as a sex offender. Charges in criminal complaints are merely accusations and Duffy is presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Mescalero Agency, and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Shiprock, N.M., Man Pleads Guilty to Second Degree Murder and Attempted Robbery ChargesRead the Press Release
ALBUQUERQUE – Malcolm Altisi, 31, a member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to second degree murder and attempted robbery charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Altisi will be sentenced to 19 years in prison followed by not more than five years of supervised release.
Altisi and his co-defendant, Emery Whitehair, 21, a Navajo man from Shiprock, were charged in an eight-count superseding indictment based on events occurring on Oct. 17, 2011, on the Navajo Indian Reservation. According to court records, on that day, Altisi killed Rolan Joe, a 25-year-old Navajo man, after Altisi and Whitehair attempted to rob another Navajo man. Whitehair is charged with assaulting the robbery victim with a dangerous weapon and causing the victim serious bodily injury. Whitehair also is charged with using a firearm in relation to a crime of violence.
During today’s plea hearing, Altisi admitted that, on Oct. 17, 2011, he attempted to rob a man at his Shiprock home and brandished a firearm at the victim in an effort to compel the victim to give him money. Altisi also admitted shooting Mr. Joe with a .357 revolver later that day when Mr. Joe traveled to Altisi’s residence to confront Altisi about the attempted robbery. Mr. Joe died as a result of the gunshot wound inflicted by Altisi.
Altisi has been in federal custody since his arrest on Nov. 10, 2011, and will remain detained pending his sentencing hearing, which has yet to be scheduled.
Whitehair has entered a not guilty plea to the offenses with which he is charged. The charges against Whitehair are only accusations and he is presumed innocent unless proven guilty beyond a reasonable doubt. Whitehair has been in federal custody since Oct. 18, 2011, and remains detained pending his trial, which is scheduled for April 15, 2013.
The case is being prosecuted by Assistant U.S. Attorneys Jack E. Burkhead and Jennifer M. Rozzoni, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety.
Mexican Nationals Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jesus Omar Lopez-Valle, 28, of Jarales, N.M., and his brother, Hector Manuel Lopez-Valle, 24, of Albuquerque, N.M., pled guilty on Friday afternoon to methamphetamine trafficking charges. Jesus Lopez-Valle also pled guilty to the unlawful possession of firearms. The two men, who are Mexican nationals illegally present in the United States, entered their guilty pleas without the benefit of any plea agreement.
Jesus Lopez-Valle and Hector Lopez-Valle each pled guilty to a superseding indictment charging them with conspiracy and possession of methamphetamine with intent to distribute. Jesus Lopez-Valle also pled guilty to being an illegal alien in possession of firearms.
Their co-conspirator, Adaucto Chavez-Meza, 20, a Mexican national residing in Belen, N.M., pled guilty on Feb. 25, 2013, to an indictment charging him with conspiracy and possession with intent to distribute charges. Chavez-Meza also entered his guilty plea without the benefit of any plea agreement.
According to court records, from Feb. 21, 2012 to March 1, 2012, Jesus Lopez-Valle and Hector Lopez-Valle conspired with Chavez-Meza to sell four pounds of methamphetamine to an individual who, unbeknownst to them, was an undercover officer. On March 1, 2012, Jesus Lopez-Valle, Hector Lopez-Valle and Chavez-Meza were arrested in Albuquerque after they displayed more than four pounds of methamphetamine to the undercover officer. During postarrest interviews, Chavez-Meza admitted that they intended to sell the methamphetamine to the undercover officer for approximately $60,000. Jesus Lopez-Valle also admitted that the three men intended to sell the methamphetamine to the undercover officer, and Hector Lopez-Valle admitted transporting the methamphetamine from Belen to Albuquerque.
All three men have been in federal custody since they were arrested and will remain detained pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a mandatory minimum ten years in prison and a maximum of life in prison for the drug trafficking conviction, and Jesus Lopez-Valle faces up to ten years in prison for his firearms conviction. The men will be deported after they complete their prison sentences.
The case was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Nicholas J. Ganjei and was investigated by the Albuquerque office of the FBI.
Kirtland, N.M., Man Senteced to Sixty-Three Months in Prison for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE –Wilson Harry, Jr., 55, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this afternoon to 63 months in prison followed by ten years of supervised release for his abusive sexual contact conviction. Harry will be required to register as a sex offender after he completes his prison sentence.
Harry pled guilty on Aug. 6, 2012 to sexually assaulting a Navajo child under the age of 16 by touching the child’s genitals during the summer of 2009. The sexual assault occurred in Shiprock, N.M., which is within the Navajo Indian Reservation.
Harry has been in federal custody since his arrest on Jan. 9, 2012.
The case was investigated by the Farmington office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Kewa Pueblo Man Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE –Cruz Tenorio, 29, a member and resident of Kewa Pueblo, N.M., pled guilty this morning to a negligent child abuse charge under a plea agreement with the U.S. Attorney’s Office.
During today’s plea hearing, Tenorio admitted abusing a three-year-old Indian child in 2011 by negligently tattooing the letter “I” on the child’s arm. Tenorio admitted using rudimentary, homemade instruments, tools and unsterilized materials to tattoo the child, and that he did not take sufficient precautions to prevent possible infection. Tenorio had no formal training in the application of Tattoo body art when he tattooed the child at his home on Kewa Pueblo.
Under the terms of his plea agreement, Tenorio will be sentenced to six months of imprisonment followed by a term of supervised release to be determined by the Court. Tenorio also will be required to pay restitution in an amount adequate to ensure that the child victim is able to obtain any psychological and medical services necessary arising from the offense, including the removal of the tattoo. Tenorio also is required to pay restitution to cover the costs of removing the tattoos he applied to another victim in March 2012, when the victim was 15 years old.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Former New Mexico State Contractor Pleads Guilty to Evading Federal TaxesRead the Press Release
ALBUQUERQUE – Shelda Sutton Mendoza, 60, of Albuquerque, N.M., pled guilty this morning to evading federal taxes. Under the terms of her plea agreement, Sutton Mendoza faces a prison sentence of 10 to 16 months in prison followed by not more than three years of supervised release. Sutton Mendoza also will be required to pay $167,362 in restitution to the IRS.
Sutton Mendoza was indicted in Dec. 2011, and charged with five counts of tax evasion. At the time of the crimes charged in the indictment, Sutton Mendoza was owner and sole shareholder of NYSNC Environmental, Inc. (NYSNC), an environmental clean-up and testing service established in 2000 and incorporated in Oct. 2003. NYSNC contracted primarily with the New Mexico Environmental Department, where Sutton Mendoza was employed in the Petroleum Storage Bureau for more than six years before leaving to establish NYSNC. The indictment charged Sutton Mendoza with evading federal personal and corporate taxes during tax years 2003, 2004 and 2005 by intentionally filing false tax returns that misrepresented her personal and corporate taxable income.
According to the plea agreement, Sutton Mendoza routinely used NYSNC funds to pay for personal expenses. In 2003 and 2004, she used more than $70,000.00 in company funds to pay for a custom designed in-ground swimming pool with custom mosaic murals and more than $200,000.00 in company funds to pay for personal clothing, handbags and cosmetics. Sutton Mendoza admitted that paying for personal expenses with company funds rendered the money taxable as personal income to her, and that she knowingly concealed from the IRS the extent of both NYSNC’s and her taxable income.
In her plea agreement, Sutton Mendoza admitted that for tax years 2003 and 2004, she signed and filed false personal and corporate federal tax returns which omitted significant personal and corporate income. She acknowledged intentionally filing a false tax return for NYSNC for calendar year 2003 in which she reported only $1,447,855.00 of the company’s gross income of $1,803,844.52, and thus evaded $17,021.00 in federal taxes. Sutton Mendoza also intentionally evaded $76,660.00 in personal income taxes for calendar year 2003 by underreporting her gross income of $261,152.00. For calendar year 2004, Sutton Mendoza reported only $851,998.00 of NYSNC’s gross income of $1,138,090.02, and thus evaded $2,121.00 in federal taxes. She also intentionally evaded $71,560.00 in personal income taxes in calendar year 2004 by underreporting her gross income of $250,580.00.
Sutton Mendoza’s sentencing hearing has yet to be scheduled.
The case was investigated by IRS, Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Mary L. Higgins.
Former Bernalillo County Corrections Officer Convicted on Obstruction of Justice ChargesRead the Press Release
ALBUQUERQUE – A federal jury late this afternoon convicted Kevin Casaus, 25, a former corrections officer at the Bernalillo County Metropolitan Detention Center (MDC) in Albuquerque, N.M., on obstruction of justice and falsification of records charges, announced the Justice Department.
Casaus and fellow former MDC corrections officers, Demetrio Juan Gonzales, 40, and Matthew Pendley, 26, were indicted in June 2012, and charged with various crimes related to the assault of an inmate housed at MDC on Dec. 21, 2011, and subsequent attempts to cover up and impede the investigation of the assault. 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. Pendley pleaded guilty in Feb. 2012 to obstructing justice by making false statements to law enforcement during their investigation of the assault on an inmate.
Trial of Casaus on obstruction of justice, falsification of records and assault charges began on March 4, 2013. 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 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. He was then tasked with cleaning the blood that was on the floors and walls of the shower room. The victim testified that, after Gonzales left the shower room, Casaus assaulted him by shoving him and striking him. 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.
The jury deliberated approximately four hours before returning a verdict of guilty on the obstruction of justice and falsification of records charges, and not guilty on the assault charge.
“Today's verdict affirms that law enforcement officers are not above the very laws they are sworn to uphold,” said Assistant Attorney General Thomas E. Perez. “As in this case, the Civil Rights Division will work closely with our United States Attorneys to vigorously prosecute police misconduct.”
Casaus faces a maximum penalty of 20 years in prison when he is sentenced. His sentencing hearing has yet to be scheduled. Gonzales was sentenced in Jan. 2013 to 33 months in prison. Pendley’s sentencing hearing also has not been scheduled.
“When those who are sworn to uphold the law and protect others instead abuse their power and position, they undermine the public’s confidence in the justice system and our government institutions,” said Kenneth J. Gonzales, U.S. Attorney for the District of New Mexico. “The U.S. Attorney’s Office and the Department of Justice are committed to promoting trust in our system of justice by vigorously prosecuting those who obstruct justice.”
“Corrections officers have a special duty to safeguard the civil rights of the inmates they oversee. That is why the Albuquerque FBI aggressively investigated this case that also resulted in the guilty pleas of two other former MDC officers,” said Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI. “I would like to congratulate the FBI Special Agents for their hard work, and the U.S. Attorney's Office and the Justice Department’s Civil Rights Division for three successful and important civil rights prosecutions. I also want to thank 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 is being 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 of the U.S. Department of Justice.
Thirteen Cibola County Residents Charged with Drug Trafficking and Firearms OffensesRead the Press Release
ALBUQUERQUE – Thirteen residents of Cibola County, N.M., have been charged with drug trafficking and firearms charges as a result of a multi-agency investigation spearheaded by the DEA, announced U.S. Attorney Kenneth J. Gonzales, Thirteen Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division, and Chief Robert Shilling of the New Mexico State Police.
Eleven of the 13 defendants were arrested earlier today during an early morning arrest operation. One defendant was already in state custody on an unrelated charge, and one has yet to be arrested and is considered a fugitive. Seven of the 11 defendants arrested today are facing federal charges while the remaining four are facing state charges. Four of the federal defendants are charged in two indictments filed under seal on February 27, 2013, and unsealed earlier today. The other three federal defendants are charged in criminal complaints. The four state defendants arrested today also are charged in criminal complaints.
Today’s arrests are the result of a 22-month multi-agency investigation into drug trafficking in Cibola County, which was led by the DEA and the New Mexico State Police with assistance from the Grants Police Department. The investigation, code-named “Operation Ice Cave,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The federal defendants include Anthony Lusk, 24, of San Rafael, N.M., and Peter Valdez, 26, of Grants, N.M., who are charged with methamphetamine trafficking offenses in a two-count indictment. According to the indictment, Lusk and Valdez conspired to distribute and did distribute more than 50 grams of methamphetamine in Cibola County in Oct. 2012. If convicted, each faces a minimum ten years to life in prison. Lusk and Valdez were arrested this morning.
A second federal indictment charges Paul Barker, 46, and Leena Martinez, 31, and Nestor Valdez, 49, of San Rafael, with drug trafficking charges. Barker, Martinez and Nestor Valdez allegedly conspired to distribute and did distribute methamphetamine on multiple occasions in Cibola County between May 2011 and Dec. 2012. The indictment also charges Martinez and Nestor Valdez with distributing heroin in Aug. 2012. Nestor Valdez also is charged with being a felon in possession of a firearm. If convicted on the drug trafficking charges, Barker, Martinez and Nestor Valdez each face a minimum of five years to a maximum of 40 years in prison. Nestor Valdez faces up to ten years in prison if convicted on the firearms charge. Martinez and Nestor Valdez were arrested this morning. Barker has yet to be arrested and is considered a fugitive.
Rachel Basurto, 52, of Grants, was arrested on federal methamphetamine and heroin trafficking charges this morning. If convicted, she faces a minimum five years to a maximum of 40 years in prison. Two other individuals were arrested on federal firearms charges. Adrian O. Leyva-Villalobos, 41, and Alberto Lujan-Ruiz, 50, both Mexican nationals who were residing in San Rafael, are charged with being illegal aliens in possession of firearms. Each faces a maximum of ten years in prison if convicted.
The seven federal defendants are scheduled to make their initial appearance in federal court tomorrow morning.
The following five state defendants were arrested this morning on possession of a controlled substance charges: Donald Cantrell, 63, of San Rafael; Richard Corley, 51, of Milan, N.M.; Isaac Fleming, 41, of San Rafael; Elisha Valery Muller, 27, of Belen, N.M.; and Ermalinda Rodriguez, 42, of San Rafael. Marcela Camacho, 29, of Grants, who was already in state custody on an unrelated charge, also has been charged with possession of a controlled substance. These defendants are charged in criminal complaints filed in the District Court for the Thirteenth Judicial District of the State of New Mexico.
During the course of the investigation, law enforcement officers obtained approximately a pound of methamphetamine from the defendants charged in the two federal indictments. During today’s law enforcement operation, they seized an additional 112 grams of heroin and 56 grams of methamphetamine, more than $30,000 in cash, ten firearms, ballistics body armor and a vehicle.
In announcing today’s arrests, U.S. Attorney Gonzales said, “I commend the dedicated efforts of the DEA, the New Mexico State Police and the Grants Police Department as well as the prosecutors in my office and Thirteenth Judicial District Attorney’s Office in this significant OCDETF investigation. Because of their hard work and diligence, the people who live in Cibola County have a safer place to live and raise families.”
“The indictments, arrests and seizures in this investigation are the direct result of outstanding partnerships with state and local law enforcement,” said Mr. Arabit, DEA Special Agent in Charge. “By holding drug dealers responsible for their crimes, we are making significant progress in our efforts to prevent the spread of methamphetamine trafficking and abuse. We will continue to work together to have a positive impact in local communities.”
“This raid was sorely needed in Cibola County,” said District Attorney Martinez. “I want to thank all involved for all their time and effort, and I hope we can continue this type of effort not only within the Thirteenth Judicial District but throughout the State of New Mexico. Drug traffickers beware, we will get you.”
“The New Mexico State Police is committed to addressing quality of life issues in our communities around the state,” said New Mexico State Police Chief Shilling. “Today’s successful operation is proof of that commitment, and that commitment includes strong relationships with our federal partners in making our communities safe and secure. Drugs, and the associated crimes, continue to be one of the highest priority initiatives in our agency, and we will continue to aggressively target those that choose to disrupt the safety, security, and happiness of our citizens. I wish to thank the State Police Investigations Bureau and our federal partners for all of their hard work, dedication, and perseverance in making our communities safer.”
These cases were investigated by the DEA and the New Mexico State Police with assistance from the Grants Police Department. The federal cases are being prosecuted by Assistant U.S. Attorney Joel R. Meyers and Shammara H. Henderson, and the state cases are being prosecuted by Assistant District Attorney Troy Gray. The Albuquerque Police Department, Bernalillo County Sheriff’s Office, U.S. Marshals Service, U.S. Border Patrol, El Paso County Sheriff’s Office and Careflight Medevac Services assisted in this morning’s law enforcement operation.
Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Laguna Pueblo Man Pleads Guilty to Assaulting a Federally Deputized Tribal Police OfficerRead the Press Release
ALBUQUERQUE – This afternoon, Phillip Derek Lorenzo, 24, a member and resident of Laguna Pueblo, pled guilty to an indictment charging him with assaulting a federal officer. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Lorenzo was indicted on Sept. 25, 2012, on a charge of assaulting a federal officer on Nov. 11, 2011, in Cibola County, N.M. According to the indictment, on Nov. 11, 2011, Lorenzo repeatedly struck and kicked an officer of the Laguna Pueblo Tribal Police Department who holds a Special Law Enforcement Commission from the BIA when the officer responded to a call at a residence located in Laguna Pueblo.
During today’s proceedings, Lorenzo pled guilty to the indictment and admitted assaulting a federal officer and employee who was engaged in the performance of his official duty without cause or excuse. More specifically, Lorenzo admitted punching and kicking the federal officer during a struggle.
At sentencing, Lorenzo faces a maximum penalty of eight years in prison. His sentencing date has yet to be scheduled.
The case was investigated by the BIA, Office of Justice Services, Southern Pueblos Agency, with assistance from the Laguna Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Corrales Man Sentenced to 97 Months in Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Ernest Brian Tucker, 59, of Corrales, N.M., was sentenced this morning to 97 months in prison followed by 15 years of supervised release for his child pornography conviction. Tucker will be required to register as a sex offender when he completes his prison sentence. Tucker’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigation (HSI) in El Paso, Texas.
Tucker has been in federal custody since his arrest on March 7, 2012, on a criminal complaint charging him with child pornography offenses. Tucker subsequently was indicted and charged with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct and two counts of possession of a visual depiction of minors engaged in sexually explicit conduct. On Nov. 8, 2012, Tucker pled guilty to Count 2 of the indictment, a receipt of child pornography charge.
According to court filings, on March 7, 2012, the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a search warrant at Tucker’s residence and seized computers and computer-related media. The search warrant was based on an undercover investigation initiated in Jan. 2012 by the New Mexico State Police aimed at identifying those who possess, receive and distribute child pornography. The search warrant was obtained after the investigation revealed that an IP Address subscribed to Tucker's residence was participating in the distribution of child pornography.
In entering his guilty plea, Tucker admitted that, while the search warrant was executed, he voluntarily participated in a recorded interview with ICAC Task Force officers during which he admitted that he used a file-sharing program to down-load child pornography. Tucker also acknowledged that an examination of his computer and computer-related media revealed approximately 38,000 images and videos consistent with child pornography, including more than 2,700 images and videos of numerous children who have been identified as child pornography victims and have been rescued.
Assistant U.S. Attorney Charlyn E. Rees prosecuted the case, which was investigated by Homeland Security Investigations, the New Mexico State Police, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Lab.
Tucker was charged as part of Operation Artemis, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico ICAC Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs. In March 2012, federal, state and local law enforcement officers executed thirteen unrelated federal and state search warrants at residences throughout New Mexico, and seized computers and computer-related evidence related to child pornography offenses. To date, ten individuals have been arrested for violating federal and state child pornography laws based on the search warrants executed as part of Operation Artemis. The law enforcement agencies that participated in Operation Artemis include: Homeland Security Investigations, NMSP, New Mexico Attorney General’s Office, FBI,
Albuquerque Police Department, Los Lunas Police Department, Santa Fe Police Department, Rio Rancho Police Department, and the New Mexico Regional Computer Forensic Lab.Operation Artemis was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico 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.
Two Grey Hills, N.M., Man Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Erick McDonald, 21, an enrolled member of the Navajo Nation who resides in Two Grey Hills, N.M., entered a guilty plea this morning to abusive sexual contact charges under a plea agreement with the U.S. Attorney’s Office.
During his plea hearing, McDonald pled guilty to a two-count information charging him with abusive sexual contact with a six-year-old Indian child and a 12-year-old Indian child on Sept. 19, 2012. In entering his guilty plea, McDonald admitted that he intentionally touched the genitals and other body parts of the two victims to gratify his sexual desire. Court records reflect that McDonald’s unlawful conduct occurred in a residence on the Navajo Indian Reservation.
McDonald has been in federal custody since his arrest on Oct. 9, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, McDonald faces a maximum penalty of three years of imprisonment for abusing the 12-year-old victim and six years of imprisonment for abusing the six-year-old victim. McDonald also will be required to register as a sex offender.
The case was investigated by the Albuquerque and the Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
Ruidoso Man Sentenced to Probation and Fined $2,500 for Trespassing on a National Wildlife Refuge During Oryx HuntRead the Press Release
ALBUQUERQUE – Kenneth Espinosa, 46, of Ruidoso, N.M., was sentenced this morning to a year of probation and ordered to pay a $2,500 fine for trespassing on the San Andres National Wildlife Refuge. Espinosa’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Nicholas E. Chavez, Special Agent in Charge of the Southwest Region, U.S. Fish and Wildlife Service Office of Law Enforcement.
Espinosa and John Hughes, 51, also of Ruidoso, were separately charged with trespassing on National Wildlife Refuge System land, a misdemeanor offense, in Dec. 2010. According to the criminal complaints filed in those cases, Espinosa, Hughes and James Gladin, a 53-year old Georgia resident, unlawfully entered onto land that is part of the National Wildlife Refuge System on Jan. 7, 2006. Espinosa was convicted of this offense after a one-day bench trial on Dec. 14, 2011.
According to the evidence at trial, on Jan. 7, 2006, Hughes, the owner of Elite Outfitters, a Ruidoso-based company specializing in guided big-game hunting expeditions, and Espinosa, a guide employed by Elite Outfitters, were guiding Gladin on an Oryx hunting trip on the White Sands Missile Range when they entered the San Andres National Wildlife Refuge. Although the three men had been advised by officials that the Refuge was a closed area, they nevertheless entered the Refuge and parked their vehicle within the Refuge’s eastern boundary near Oñate Peak, located approximately 23 miles north of U.S. Highway 70 along the San Andres Mountains. During their expedition, Gladin killed a bull Oryx.
On Feb. 23, 2011, Hughes entered a guilty plea to the criminal complaint and was sentenced to five years of probation and fined $2,500. Gladin, 53, who was cited by the U.S. Fish and Wildlife Service, paid a $525 fine and forfeited the bull Oryx he had killed during the hunt.
The San Andres National Wildlife Refuge was established on Jan. 22, 1941, for the conservation and development of natural wildlife resources. It currently provides the best habitat for desert bighorn sheep in the state of New Mexico. “Our national wildlife refuges were established to help conserve important and sensitive species and habitat,” said Special Agent in Charge Nicolas E. Chavez of the U.S. Fish and Wildlife Service's Office of Law Enforcement Southwest Region. “Refuges are a national treasure, and willful illegal trespass is a serious matter.”
This case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office and was investigated by the U.S. Fish and Wildlife Service.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The Service enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies. For more information on its work and the people who make it happen, visit www.fws.gov. Connect with its Facebook page at www.facebook.com/usfws, follow its tweets at www.twitter.com/usfwshq, watch its YouTube Channel at http://www.youtube.com/usfws and download photos from its Flickr page at http://www.flickr.com/photos/usfwshq.
Rocky Point, N.M., Woman Sentenced to Prison for DWI-Related Involuntary Manslaughter and Assault ConvictionRead the Press Release
ALBUQUERQUE –Adrienne Alexandra Skeets, 24, an enrolled member of the Navajo Nation who resides in Rocky Point, N.M., was sentenced to 33 months in prison followed by three years of supervised release for her conviction on involuntary manslaughter and assault charges. Skeets also was ordered to pay $5,754.70 in restitution to the victims of her offenses.
U.S. Attorney Kenneth J. Gonzales said that Skeets was convicted by guilty plea of three felony offenses arising out of a driving while intoxicated incident that resulted in the death of a Navajo man and serious injuries to another Navajo man and a Navajo woman. She entered a guilty plea to one count of involuntary manslaughter and two counts of assault resulting in serious bodily injury on Oct. 12, 2012.
In entering her guilty plea, Skeets admitted that on Jan. 21, 2012, she was driving while under the influence of alcohol in the vicinity of Manuelito, N.M., which is located on the Navajo Indian Reservation, when she crashed her vehicle. One of Skeet’s three passengers was fatally injured when he was ejected from the vehicle and died at the scene. The other two passengers sustained serious injuries that required medical attention.
The case was investigated by the Crownpoint Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Navajo Man from Chichilta, N.M., Pleads Guilty to Federal Child Sex Abuse ChargeRead the Press Release
ALBUQUERQUE – Timothy Ignacio Duboise, 28, an enrolled member of the Navajo Nation who resides in Chichilta, N.M., pled guilty this morning to an aggravated child sexual abuse charge under a plea agreement with the U.S. Attorney’s Office.
According to the criminal complaint, the FBI initiated a criminal investigation into Duboise after the Navajo Division of Social Service reported an allegation of child sexual assault. Duboise was arrested on July 30, 2012, and has been in federal custody since that time.
During this morning’s plea hearing, Duboise admitted that, between July 15, 2011 and Aug. 15, 2011, he sexually assaulted a Navajo child by touching the child’s genitals. Duboise further admitted that the sexual assault occurred on the Navajo Indian Reservation.
Under the terms of the plea agreement, Duboise will be sentenced to ten years in prison followed by a minimum five year term of supervised release. He also will be required to register as a sex offender. Duboise’s sentencing hearing has yet to be scheduled.
The case was investigated by the Gallup office of the FBI, with assistance from the Navajo Division of Social Services, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Ohkay Owingeh Pueblo Man Pleads Guilty to Brandishing a Firearm During a Home Invasion on Santa Clara PuebloRead the Press Release
ALBUQUERQUE – Joshua W. Phillips, 20, a member and resident of Ohkay Owingeh Pueblo, N.M., pled guilty yesterday to brandishing a firearm during a crime of violence under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Phillips was arrested on June 22, 2012, on a criminal complaint charging him with assault with a dangerous weapon and with the intent to do bodily harm. According to the criminal complaint, Phillips assaulted a man on Feb. 12, 2011, on Santa Clara Pueblo land within Rio Arriba County, N.M.
During yesterday’s plea hearing, Phillips pled guilty to brandishing a firearm in relation to an assault with a dangerous weapon. In his plea agreement, Phillips admitted that on Feb. 12, 2012, he and an accomplice committed a home invasion in a Santa Clara Pueblo residence for the purpose of robbing the owner. Phillips was armed with a rifle and the accomplice was armed with a knife. After forcing their way into the residence, Phillips fired a round from the rifle into the ceiling when one of the residents failed to comply with his demand for money. When the homeowner attempted to wrest the rifle away from Phillips and prevent Phillips from escaping, the accomplice kicked, punched and stabbed the homeowner so that Phillips could get away.
Under the terms of the plea agreement, Phillips will be sentenced to seven years in prison. A sentencing date has yet to be scheduled.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency, with assistance from the Santa Clara Pueblo Tribal Police Department and the Espanola Police Department, and is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
Former Director of Navajo Economic Development Project Pleads Guilty to Evading Federal TaxesRead the Press Release
ALBUQUERQUE – Hak Ghun, 62, of Durango, Colo., pled guilty this morning to a federal tax evasion charge under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Ghun will be sentenced to prison for a period of 12 to 18 months. He also will be required to pay $249,567 in restitution to the Internal Revenue Service (IRS).
Ghun was charged on April 10, 2012, in a three-count indictment with evading an aggregate of $367,809 in federal taxes during tax years 2005, 2006 and 2007. According to the indictment, Ghun was the chief executive officer of BCDS Manufacturing, Inc. (BCDS), a manufacturing company located in Shiprock, N.M. In 2003 and 2004, the Navajo Nation invested economic development funds in BCDS and became the majority owner of the company, and in 2006, obtained a $2.2 million loan for the purpose of expanding the BCDS facility in Shiprock. The indictment alleged that, between 2005 and 2007, Ghun used BCDS funds to pay his personal expenses and evaded his personal tax obligations on those funds by concealing his conduct from BCDSDs corporate accountant and by filing false corporate tax returns on behalf of BCDS.
During today’s proceedings, Ghun entered a guilty plea to Count 2 of the indictment charging him with evading federal income taxed in 2006. In his plea agreement, Ghun admitted that, during 2005, 2006 and 2007, he was the chief operating officer of BCDS, a company that sought military procurement contacts as a source of economic development for the Navajo Nation, and had access to the company’s bank accounts. Ghun also admitted withdrawing funds from BCDS’s bank accounts and spending a significant portion of the funds for himself. Ghun used the funds to make support payments to his ex-wife and paying for luxury cars, hotels stays and casino gambling. Ghun acknowledged that the funds he misused were taxable as personal income and that he failed to pay taxes on that income.
More specifically, Ghun admitted receiving gross income of $207,726 in calendar year 2005 and willfully evading approximately $29,197 in federal income taxes. He also admitted receiving gross income exceeding $620,361 in calendar year 2006 and willfully evading approximately $145,156 in federal income taxes, and receiving gross income exceeding $251,435 in taxable income in 2007 and evading approximately $65,214 in taxes.
The case was investigated by the IRS, Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
Former Albuquerque Corrections Officer Pleads Guilty to Obstruction of JusticeRead the Press Release
ALBUQUERQUE – Matthew Pendley, 26, a former corrections officer at the Bernalillo County Metropolitan Detention Center (MDC) in Albuquerque, N.M., pleaded guilty today to one count of obstructing justice when he lied to law enforcement during their investigation of the assault on an inmate at the hands of another corrections officer.
According to court documents, during the early morning hours of Dec. 21, 2011, Pendley was assigned to the Receiving-Discharge-Transfer (RDT) Unit at MDC where individuals are brought to be booked soon after they are arrested. During the course of his shift, Pendley entered the shower room/dress out area and witnessed Demetrio Gonzales, another corrections officer, assaulting an inmate. The inmate was not posing a physical threat to anyone, and therefore, the assault was not justified. There was no legitimate law enforcement purpose for Gonzales to use force on the inmate. As a result of the assault, the inmate sustained injuries and began bleeding. When the Bernalillo County Sheriff’s Office (BCSO) began investigating, instead of telling detectives that he witnessed the assault, Pendley lied, claiming that he did not remember what Gonzales was doing in the shower room/dress out area.
A sentencing date has not yet been set.
Demetrio Gonzales previously pleaded guilty to violating the civil rights of the inmate by choking and striking the inmate multiple times. He was sentenced on Jan. 8, 2013, to 33 months in prison followed by three years of supervised released.
A third former MDC corrections officer, Kevin Casaus, was also indicted by a federal grand jury in June 2012 on related charges. Casaus is charged with violating the victim’s civil right rights when he shoved and struck the victim while in the shower area/dress out area. Casaus is further charged with obstruction of justice and falsification of records, first for making false statements to detectives of the BCSO and then for falsifying his incident report. Casaus’ trial is set for March 4, 2013. He is presumed innocent unless proven guilty.
This case is being investigated by the Albuquerque Division of the FBI and is being 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 of the U.S. Department of Justice.
Albuquerque Man Sentenced to More Than Fourteen Years in Prison for Robbing Three Albuquerque-Area BanksRead the Press Release
ALBUQUERQUE – Late yesterday afternoon, Danny Kevin Brawner, 50, of Albuquerque, N.M., was sentenced to 170 months in prison to be followed by nine years of supervised release for his bank robbery convictions. Brawner also was ordered to pay full restitution to the three banks he robbed.
Brawner was arrested on April 21, 2011, and has been in federal custody since that time. On Nov. 29, 2012, Brawner pled guilty to an indictment charging him with three counts of bank robbery.
At his plea hearing, Brawner admitted robbing the following three Albuquerque banks: (1) the Wells Fargo Bank inside the Albertson’s Supermarket at 6200 Coors Blvd. NW, on Feb. 7, 2011; (2) the First Community Bank at 1418 Carlisle Blvd. NE, on April 14, 2011; and (3) Bank of the West at 5901 Menaul Blvd. NE on April 18, 2011. In entering his guilty plea, Brawner admitted presenting each of the victim bank tellers with a note demanding cash and threatening that he had a weapon.
Court records reflect that the FBI began investigating Brawner after it received a tip identifying Brawner as the individual who robbed the three banks. The investigation revealed that the get-away car used during the April 14, 2011 bank robbery was registered in the name of Brawner’s girlfriend. After witnesses to the first two of Brawner’s bank robberies identified him from a photo array, the FBI and Albuquerque Police Department arrested Brawner, who admitted robbing the three banks.
The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Gallup Man Pleads Guilty to Federal Assault Charge Arising from Domestic Violence IncidentRead the Press Release
ALBUQUERQUE –Derek Yabeny, 26, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pled guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Yabeny was arrested on a criminal complaint in Oct. 2012. He subsequently was indicted and charged with assault resulting in serious bodily injury, and abandonment or abuse of a child. According to the criminal complaint, on Oct. 7, 2012, Yabeny assaulted his girlfriend, who is the mother of his two-year old toddler. At the time of the assault, the victim was carrying her infant daughter. The victim sustained two orbital fractures as a result of the assault.
During today’s proceedings, Yabeny pled guilty to Count one of the indictment. In entering his guilty plea, Yabeny admitted assaulting the victim, a Navajo woman, by striking her with his fists and causing her to suffer serious bodily injury. The assault occurred on the grounds of the Shiprock Fair, which are located on the Navajo Indian Reservation on Oct. 7, 2012.
Yabeny has been in federal custody since his arrest on Oct. 26, 2012, and remains detained pending his sentencing hearing, which has not yet been scheduled. Under the terms of the plea agreement, Yabeny will be sentenced to 25 months in prison followed by a supervised release term to be determined by the court.
The case was investigated by the Albuquerque office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and is being prosecuted by Special Assistant U.S. Attorney David M. Adams.
This 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.
Mexican National Sentenced to Prison for Robbing Bank in Santa Fe in April 2012Read the Press Release
ALBUQUERQUE – Jaime Jesus Sanchez-Ramos, 23, a Mexican national, was sentenced this afternoon to 46 months in prison for his bank robbery conviction. Sanchez-Ramos will be deported to Mexico after he completes his prison sentence. He also was ordered to pay restitution to the four banks he robbed between Jan. 2012 and April 2012.
Sanchez-Ramos was arrested on April 10, 2012, on a criminal complaint charging him with robbing a bank on April 2, 2012. On May 8, 2012, Sanchez-Ramos was indicted and charged with robbing the following four Santa Fe-area banks: (1) the Century Bank, located at 1790 Saint Michael’s Drive, on Jan. 26, 2012; (2) the New Mexico Bank and Trust, located at 1549 Paseo de Peralta, on Feb. 15, 2012; (3) the Bank of Albuquerque, located at 706 Saint Michael’s Drive, on March 16, 2012 ; and (4) the U.S. Bank, located at 3787 Cerrillos Road, on Apr. 2, 2012.
On Nov. 9, 2012, Sanchez-Ramos pled guilty to Count 4 of the indictment, charging him with robbing the U.S. Bank on April 2, 2012, with the stipulation that he would be responsible for restitution to all four banks he robbed.
Under the terms of his plea agreement, the Court dismissed the three remaining counts of the indictment after Sanchez-Ramos was sentenced.
The case was investigated by the Santa Fe office of the FBI and the Santa Fe Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and C. Paige Messec.
Albuquerque Man Sentenced to Ten Years for Firearms and Bank Robbery ConvictionsRead the Press Release
ALBQUERQUE – Randy Lee Gwaltney, 46, of Albuquerque, N.M., was sentenced this afternoon to ten years in prison followed by three years of supervised release for his convictions for being a felon in possession of firearms and bank robbery. Gwaltney also was ordered to pay full restitution to the three banks that were the victims of his criminal conduct.
Gwaltney was sentenced based on guilty pleas in two separate cases. The indictment in the first case charged Gwaltney with being a felon in possession of firearms and possession of an unregistered firearm in Valencia County, N.M., on Jan. 19, 2009. According to the indictment, at the time, Gwaltney was prohibited from possessing firearms because he previously had been convicted of a drug trafficking offense and failure to appear in connection with a felony in the Seventh Judicial District Court for the State of New Mexico (Torrance County).
The indictment in the second case charged Gwaltney with robbing three banks in Albuquerque: (1) robbing the Bank of America, located in the Albertson’s supermarket at 4950 Montgomery Blvd. NE, on Dec. 29, 2008; (2) robbing the Bank of America, located in the Albertson’s supermarket at 2801 Eubank Blvd. NE, on Jan. 9, 2009; and (3) the Bank of America, located in the Albertson’s supermarket at 4950 Montgomery Blvd. NE, on Jan. 16, 2009.
On Oct. 3, 2011, Gwaltney entered guilty pleas to the felon in possession charge in the first case and the Dec. 29, 2008 bank robbery charged in the second case. Under the terms of the plea agreement, the remaining counts of the two indictments were dismissed after Gwaltney was sentenced.
The firearms case was investigated by the Bureau of Alcohol, Tobacco, Firearms& Explosives, the Los Lunas Police Department and the Bosque Farms Police Department. The bank robbery case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Both cases were prosecuted by Assistant U.S. Attorney Louis E. Valencia.
Twenty-One Individuals Charged with Using Fraudulent Prescriptions to Obtain OxycodoneRead the Press Release
ALBUQUERQUE – Twenty-one individuals have been charged with using fraudulent prescriptions to unlawfully obtain Oxycodone, announced by U.S. Attorney Kenneth J. Gonzales, Second Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division, and Executive Director Larry Loring, R.Ph., of the New Mexico Board of Pharmacy.
Twenty of the 21 defendants were arrested this morning during a multi-agency law enforcement operation spear-headed by the DEA. An additional defendant has been summoned to appear in federal court. Fourteen of the 21 are facing federal charges and the remaining seven are facing state charges. The federal defendants are charged in indictments filed under seal on February 6, 2013, and unsealed earlier today. The state defendants are charged in criminal complaints.
The charges are the result of “Operation Paper Trail,” an investigation initiated in March 2011 by the DEA’s Tactical Diversion Squad in Albuquerque and the New Mexico Board of Pharmacy in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults. Operation “Paper Trail” targeted individuals using false and fraudulent prescriptions to obtain large quantities of Oxycodone in Bernalillo County. Oxycodone is opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming.
The abuse of prescription drugs, such as Oxycodone, is a serious problem in our communities. One way that these drugs are obtained illegally is through fraudulent prescriptions, which leads all too often to addiction, shattered lives, and even death,” said DEA Special Agent in Charge, Joseph M. Arabit. “In the interest of public safety, especially that of our young people, DEA and our law enforcement partners will continue to target those who illegally divert these pharmaceuticals.”
Second Judicial District Attorney Kari E. Brandenburg noted that, “Over the course of the past three years our office has accepted nearly 1,100 cases involving various prescription drugs, including Oxycontin, Oxycodone, Morphine, Xanax and others. It is clear that prescription drugs have become a danger to those abusing and illegally distributing them in our community. The problem has become so tremendous, our state ranks as one of the worst in the country for prescription drug overdoses. We are extremely grateful for the work done in this lengthy law enforcement investigation, which has resulted in multiple arrests. We hope this helps prevent future abuse and prescription drug overdoses in our community.”
“The New Mexico Board of Pharmacy recognizes the tragic effects of abuse, dependence and overdose when prescription drugs are diverted from pharmacies for sale on the streets of New Mexico communities,” said Executive Director Larry Loring, R.Ph., of the New Mexico Board of Pharmacy. “Board agents work daily to identify and apprehend those individuals who seek to acquire dangerous narcotic drugs with forged prescriptions. The New Mexico Board of Pharmacy will continue to work closely with local, state, and federal law enforcement to stop prescription forgery of these dangerous narcotic drugs.”
Those arrested today on federal charges include Sandy Candelaria, 50, an Albuquerque resident, who is employed as a secretary by the New Mexico Human Resources Department, and Christina Romero, 32, also of Albuquerque, who is employed as a special education assistant at an APS middle school. Twelve of the 13 federal defendants arrested today will make their initial appearances in federal court in Albuquerque at 9:30 a.m. tomorrow morning. Dolores Gallegos, 30, of Albuquerque, made her initial appearance this afternoon, and Eddie Gallegos, Sr., 60, also of Albuquerque, has been summoned to appear in federal court on Feb. 21, 2013. Each of the 14 federal defendants faces a maximum penalty of four years in prison, three years of supervised release, and a $250,000 fine, if convicted.
Those arrested on state charges include Pamela Zubia, 32, of Albuquerque, who is employed by Abarim Home Healthcare. The state defendants are expected to appear in court tomorrow. Each of the seven state defendants faces a maximum penalty of eighteen months of imprisonment if convicted.
Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The federal cases are being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson, Charles L. Barth, C. Paige Messec, William Pflugrath, Jon K. Stanford, David M. Walsh and Lynn W.Y. Wang, and Special Assistant U.S. Attorneys Adam Rowley and Raquel Ruiz-Velez. The state cases will be prosecuted by Assistant District Attorneys of the Second Judicial District Attorney’s Office. The U.S. Marshals Service and Albuquerque Police Department participated in today’s enforcement operation.
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.
-
Chart
-
Deming Man Sentenced to Ten Years in Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Yesterday afternoon, a federal judge in Las Cruces, N.M., sentenced Derek Marcus Garcia, 35, of Deming, N.M., to ten years in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Garcia was arrested on Sept. 1, 2011, and charged in a criminal complaint after law enforcement authorities recovered approximately 195 grams of methamphetamine from him following a vehicle stop in Deming. In Jan. 2012, Garcia was indicted and charged with possession of methamphetamine with intent to distribute. Garcia pled guilty to the indictment on June 19, 2012.
Court records reflect that Garcia was stopped by a New Mexico State Police officer for a traffic violation in Deming on Sept. 1, 2011. After a U.S. Border Patrol narcotics canine detected the presence of narcotics in the driver’s seat of Garcia’s vehicle, Garcia admitted that he was in possession of narcotics and removed a bag containing approximately 195 grams of methamphetamine from his pants.
Garcia has been on conditions of release since Sept. 16, 2011. He was ordered to surrender to the U.S. Bureau of Prisons to begin serving his prison sentence in approximately 60 days.
The case was investigated by the Deming office of the Homeland Security Investigations, the New Mexico State Police and the U.S. Border Patrol. It was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Two Men Sentenced to Prison for Violating Sex Offender Registration and Notification Act (SORNA)Read the Press Release
ALBUQUERQUE – Yesterday a federal district judge in Las Cruces, N.M., sentenced two men to prison terms for failure to comply with the Sex Offender Registration and Notification Act (SORNA), announced by U.S. Attorney Kenneth J. Gonzales and U.S. Marshal Conrad E. Candelaria.
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.
Vincent Foreman, 41, a Texas resident most recently located in Carlsbad, N.M., was sentenced to 30 months in prison followed by five years of supervised release, for failing to update his sex offender registration in Eddy County, N.M., between Jan. 18, 2011 and Dec. 14, 2011. Foreman was required to register as a sex offender and maintain his registration because he was convicted of criminal sexual contact with a minor and false imprisonment in the State of New Mexico (Cibola County) in Oct. 1997. Although Foreman registered as a sex offender in San Angelo, Texas, after he was released from prison, he failed to update his registration when he relocated to Carlsbad. On April 23, 2012, Foreman pled guilty and admitted that he failed to update his registration as required.
In a separate case, Jessie Lee Cox, 41, most recently residing in Hobbs, N.M., was sentenced to twelve months in prison followed by five years of supervised release, for failing to register as a sex offender. Court records reflect that Cox was required to register as a sex offender because he previously had been convicted of a sex offense in the State of Texas. Cox was arrested on June 20, 2012, and has been in custody since that time. On Oct. 11, 2012, Cox entered a guilty plea and admitted that he failed to register as a sex offender in Lea County, N.M., between Jan. 30, 2011 and Feb. 13, 2012.
The two cases were investigated by the U.S. Marshal Service and were prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
Armed Career Criminal to Serve Twenty-Two and a Half Years in Prison for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Warren Rivera, 34, of Albuquerque, N.M., was sentenced this morning to 270 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Rivera’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Rivera was arrested on April 26, 2011, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. He has been in federal custody since that time. On May 11, 2011, Rivera was indicted on that same charge. On Oct. 18, 2011, a federal jury convicted Rivera on the sole count of the indictment.
Rivera was sentenced under the Armed Career Criminal Act. According to the indictment, Rivera was prohibited from possessing firearms and ammunition in April 2011, because he previously had been convicted of the following three felony offenses in the Second Judicial District Court for the State of New Mexico (Bernalillo County): (1) aggravated assault against a household member, (2) aggravated assault against a household member with a deadly weapon, and (3) possession of a controlled substance. Rivera’s entire criminal history is more extensive. Court filings reflect that Rivera’s criminal activity began in 1998, when he was 19, and includes five prior felony convictions and 23 misdemeanor convictions. Violence, including domestic violence and violence against law enforcement officers, was a factor in seven of Rivera’s misdemeanor convictions, three of his prior felony convictions, and the offense for which he was sentenced today.
According to the evidence at Rivera’s trial, on April 4, 2011, officers of the Albuquerque Police Department responded to a domestic violence call reporting that a man was threatening another man with a handgun. When the officers arrived at the scene and took Rivera and his girlfriend into custody, they found that the girlfriend was in possession of a handgun. The girlfriend’s father testified that he and his wife went to their daughter’s apartment after receiving a call from their daughter, who tearfully told him that Rivera was holding her captive. In the vicinity of the apartment, the girlfriend’s parents they found Rivera and their daughter out in the street. After Rivera grabbed his girlfriend’s wallet, the father approached Rivera and demanded the return of the wallet. Rivera responded by pointing a handgun at the father’s head and threatening to shoot him.
“We will not tolerate armed violent felons terrorizing our community,” stated ATF Special Agent in Charge Thomas G. Atteberry. “The success of the investigation is attributed to the outstanding cooperation between the investigating agencies. I would like to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his line attorney for their successful prosecution of this case.”
This case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Norman Cairns.
Tse-Yah-Toh, N.M., Man Sentenced to Eighteen Years in Prison for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE –Kenneth Mike Etsitty, 58, an enrolled member of the Navajo Nation who resides in Tse-Yah-Toh, N.M., was sentenced this morning to 18 years in prison followed by ten years of supervised release for his child sex abuse conviction. Etsitty will be required to register as a sex offender when he completes his prison sentence.
Etsitty was charged with aggravated sexual abuse of a child under the age of 12 in a criminal complaint filed on May 14, 2012. He was arrested the following day, and has been in federal custody since that time. On Oct. 17, 2012, Etsitty pled guilty to an information charging him with three counts of aggravated sexual abuse of a child under the age of 12.
According to court records, law enforcement authorities initiated a criminal investigation into Etsitty in Feb. 21, 2012, after a nine-year-old Navajo child reported being sexually assaulted by Etsitty on more than ten occasions. During a subsequent voluntary interview, Etsitty admitted sexually assaulting the child victim on approximately ten occasions.
In entering his guilty plea, Etsitty admitted that he forced the child victim to engage in sexual acts on multiple occasions from Jan. 2007, when the child was four-years-old, through Nov. 2011, when child was nine-years old. Etsitty admitted that each of the sexual attacks occurred in the same way, by touching the child victim’s genitals. The offenses occurred in Indian Country.
The case was investigated by the Gallup office of the FBI and the Crownpoint Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Mark T. Baker.
Las Cruces Man Sentenced to Fifty-One Months in Prison for Robbing Citizens Bank of Las Cruces in August 2010Read the Press Release
ALBUQUERQUE – Claudio Alberto Morales-Medrano, 40, of Las Cruces, N.M., was sentenced this morning to 51 months in prison followed by three years of supervised release for his bank robbery conviction. Morales-Medrano also was ordered to pay full restitution to the victim of his crime. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
Morales-Medrano was arrested on Aug. 27, 2010, based a criminal complaint alleging that he robbed the Citizens Bank of Las Cruces (Bank), located at 2841 N. Main Street, in Las Cruces, on that same day. He has been in federal custody since his arrest.
Court records reflect that, on Aug. 27, 2010, Morales-Medrano entered the Bank and approached a bank teller, pulled out a gun that he brandished at the teller, and demanded money. After obtaining cash from the teller, Medrano-Morales left the bank and fled in a silver four door sedan. Shortly thereafter, officers of the Las Cruces Police Department executed a stop of a vehicle matching the description of the vehicle in which the bank robber fled. The officers arrested Morales-Medrano and recovered the money that was taken from the Bank, a black toy gun and clothes matching the description of the clothes worn by the bank robber. On Jan. 12, 2012, Morales-Medrano pled guilty to the bank robbery without the benefit of a plea agreement.
The case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Woman Sentenced to Six Years in Prison for Drug Trafficking Offense Involving Less Than a Gram of MethamphetamineRead the Press Release
Defendant's Sentence Enchanced Based on Career Offender StatusALBUQUERQUE – Earlier today, Christine Cardona, 35, of Albuquerque, N.M., was sentenced to 72 months in federal prison followed by three years of supervised release for her methamphetamine trafficking conviction. Cardona’s crime of conviction involved possession of 0.73 grams of methamphetamine with intent to distribute. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Cardona and her co-defendant Maurice Andrew, 39, also of Albuquerque, were arrested on Nov. 4, 2011. Both have been in custody since that time. On Dec. 1, 2011, Cardona and Andrew were charged in a five-count indictment. Cardona and Andrew were charged with conspiracy and possession of methamphetamine with intent to distribute. Andrew alone also was charged with two counts of being a felon in possession of a firearm and carrying a firearm in connection with a drug trafficking offense.
Cardona was arrested on Nov. 4, 2011, by officers of the Albuquerque Police Department based on a state arrest warrant after they observed her leaving a motel room in Albuquerque. At the time of her arrest, Cardona was in possession of two small baggies later analyzed and found to contain methamphetamine. After she was arrested, Cardona admitted that Andrew and she were trafficking methamphetamine. Officers found $1030.00 in small denominations when they patted down Andrews following his arrest. When officers executed search warrants on Andrews’ vehicle and the motel room rented by Cardona, they seized a small amount of methamphetamine, drug paraphernalia including a digital scale and a firearm that Andrew admitted owning.
On May 3, 2012, Andrew pled guilty to a drug trafficking conspiracy and being a felon in possession of a firearm. Andrew was prohibited from possessing firearms and ammunition because he previously was convicted of a drug trafficking offense. Andrew was sentenced to 37 months in prison on Aug. 27, 2012.
Cardona entered a guilty plea to possession of methamphetamine with intent to distribute on July 13, 2012. Although Cardona would otherwise have faced a sentence of 18 to 24 months based on the amount of drugs involved and her criminal history, her sentence was enhanced based on her status as a career offender. Court records reflect that Cardona was classified as a career offender based on five prior criminal convictions: (1) concealing her identity and failure to appear in 2000; (2) importation of marijuana in 2001; (3) receiving or transferring a stole motor vehicle in 2004; (4) concealing a person from arrest in 2006; and (5) aggravated fleeing from law enforcement in 2006. Based on those five prior convictions, Cardona had served slightly more than 27 months in prison.
This case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and William J. Pflugrath.
Non-Indian from Chimayo Sentenced to Thirty Months in Prison for Robbing Santa Clara Pueblo ManRead the Press Release
ALBUQUERQUE – This morning, a federal judge sentenced David Ralph Martinez, 27, a non-Indian man from Chimayo, N.M., for robbing a Santa Clara Pueblo man on the Santa Clara Pueblo Reservation in Rio Arriba County, N.M. Martinez will serve 30 months in prison followed by three years of supervised release. Martinez also was ordered to pay $148.51 in restitution to the victim of the robbery and $140 to the U.S. New Mexico Credit Union.
Martinez’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Martinez was arrested on a criminal complaint on Aug. 10, 2011, and has been in federal custody since that time. On Aug. 23, 2011, Martinez was indicted and charged with (1) armed robbery and (2) assault with a dangerous weapon in an indictment on Aug. 23, 2011.
On Dec. 6, 2011, Martinez entered a guilty plea to Count 1 of the indictment, charging him with armed robbery. In entering his guilty plea, Martinez admitted robbing an enrolled member of Santa Clara Pueblo on Aug. 11, 2011. Martinez admitted approaching the victim at a credit union ATM located on Pueblo land and taking $140 from the victim by threatening him with a knife.
The Court dismissed Count 2 of the indictment against imposing sentence on Martinez.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency with assistance from the Santa Clara Tribal Police Department, the Espanola Police Department and the Rio Arriba County Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
IRS Criminal Investigation Warns the Public to be Vigilant About Identity TheftRead the Press Release
ALBUQUERQUE – IRS Criminal Investigation is warning taxpayers of an increase in false tax returns being filed with the IRS using stolen Social Security numbers. Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers. Both nationwide and in New Mexico, IRS Criminal Investigation has designated identity theft as a priority area and increased numbers of tax fraud investigations relating to identity theft have been initiated in recent years.
There are 26 IRS Criminal Investigation field offices across the country that investigate tax fraud and refund fraud, including identity theft. Investigation analysts in IRS Scheme Development Centers often discover identity theft related schemes where refunds appear to be going to identity theft perpetrators. In these instances, action can be taken to stop additional false refunds and protect victim accounts. IRS Criminal Investigation recommends prosecution of refund fraud cases, including cases involving identity theft to the Department of Justice.
“IRS Criminal Investigation is serious about investigating identity theft,” said Gabriel Grchan, Acting Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. “Filing fraudulent tax returns is the same thing as stealing from the U.S. Treasury. It also harms those individuals whose identities were stolen.”
“IRS Criminal Investigation has partnered with other local and Federal law enforcement agencies to identify the perpetrators of these identity theft schemes. We have obtained the full support of the U.S. Attorney’s Office to pursue prosecution of these individuals which has often resulted in significant prison sentences.”
The following is an example of a recent identity theft case in New Mexico: Douglas Kuester of Silver City, N.M., was sentenced in Nov. 2012 to 48 months in prison for filing false claims and aggravated identity theft. According to court documents, Kuester used stolen identities to file false tax returns which fraudulently claimed refunds.
“The IRS has taken numerous steps to combat identity theft and protect taxpayers. I encourage you to go to www.IRS.gov and read the Taxpayer Guide to Identity Theft, call 1-800-908-4490 or visit your local IRS office for information about identity theft and what to do if you become a victim,” said Grchan.
-
IRS News Release
-
IRS Fact Sheet
-
IRS ID Theft Map
-