District of New Mexico
Press releases recorded for this federal judicial district.
Shiprock, N.M., Man Pleads Guilty to Federal Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Jack Belin, Jr., 59, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to an abusive sexual contact charge under a plea agreement with the U.S. Attorney’s Office.
Belin was arrested on Oct. 11, 2012, based on an indictment charging him with two counts of abusive sexual contact. According to the indictment, Belin committed the offenses on July 18, 2012, in Indian Country (the Navajo Indian Reservation), in San Juan County, N.M.
During this morning’s proceedings, Belin pled guilty to Count 2 of the indictment. In his plea agreement, Belin admitted that on July 18, 2012, he intentionally touched the genitals and buttocks of his victim without the victim’s consent.
Belin was remanded into the custody of the U.S. Marshals Service after entering his guilty plea. He will be detained pending his sentencing hearing, which has not yet been scheduled. At sentencing, Belin faces a maximum penalty of ten years in prison, and will be required to register as a sex offender after he completes his prison sentence.
This case was investigated by the Shiprock Division of the Navajo Nation Department of Public Safety and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Oklahoma Couple Sentenced to Fifteen Years in Prison for Conviction on Methamhetamine Trafficking, Firearms and Immagration ChargesRead the Press Release
ALBUQUERQUE – Rafael Goxcon-Chagal, 52, and Maria Vianey Medina-Copete, 36, both residents of Tulsa, Okla., each was sentenced today to a 15-year term of imprisonment for their narcotics trafficking and firearms convictions. Goxcon-Chagal will be on supervised release for five years after completing his prison sentence. Medina-Copete, a Mexican national who also was convicted of re-entering the United States without authorization after having previously been deported, will be deported after completing her prison sentence.
The sentences were announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Joseph M. Arabit of the El Paso Field Division of the DEA.
A federal jury convicted Goxcon-Chagal and Medina-Copete on Aug. 10, 2012, of all counts in an indictment that charged the couple with (1) conspiracy to violate the federal narcotics trafficking laws; (2) with possession of methamphetamine with intent to distribute; and (3) using a firearm during a drug trafficking offense. The indictment also charged MedinaCopete with (4) the unlawful possession of a firearm by an illegal alien; and (5) illegal re-entry by a removed alien.
According to the evidence at trial, on June 28, 2011, a New Mexico State Police officer executed a routine traffic stop on Interstate 40 of a vehicle driven by Goxcon-Chagal with Medina-Copete as a passenger. When the officer made contact with Goxcon-Chagal, he observed that Goxcon-Chagal was unusually nervous. Goxcon-Chagal proffered an Oklahoma driver's license but could not locate the registration and insurance information for the vehicle. When Medina-Copete managed to locate the vehicle information, the officer noted that the owner of the vehicle was another person with a Las Vegas, Nev., address and that the vehicle had only recently been insured. The officer also noted a strong chemical odor in the vehicle and observed multiple air fresheners in the vehicle.
After getting conflicting information regarding their travel and the identity of the owner of the vehicle from Goxcon-Chagal and Medina-Copete, the officer asked Goxcon-Chagal if the couple were transporting drugs, weapons or other contraband in the vehicle. Goxcon-Chagal denied that he was transporting contraband. The then officer requested and obtained consent from Goxcon-Chagal and Medina-Copete to search the vehicle. After a narcotics canine alerted to the front passenger side of the vehicle, the officer located a false compartment behind the passenger side airbag which contained two packages of white glass-like substances which appeared to be methamphetamine. Chemical analysis later revealed that the packages contained more than a kilogram of methamphetamine.
Later, when a DEA agent searched a duffle bag that Medina-Copete identified as her property, he uncovered a Walther P99 pistol wrapped in a towel. When the agent asked about the pistol, Medina-Copete said that the pistol belonged to Goxcon-Chagal.
Medina-Copete previously had been deported from the United States to Mexico at Otay Mesa, Calif., on Oct. 24, 2007, and re-entered the United States without authorization.
Goxcon-Chagal and Medina-Copete have been in federal custody since they were arrested on June 28, 2011.
The case was investigated by the DEA and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Raul Torrez.
Accomplice to Armed Robbery Pleads Guilty to Hobbs Act ViolationRead the Press Release
ALBUQUERQUE – Rebecca Aguilar, 25, of Albuquerque, N.M., pled guilty this morning to aiding and abetting the armed robbery of an Albuquerque-are business under a plea agreement with the U.S. Attorney’s Office. Under the terms of her plea agreement, Aguilar will be sentenced to a term of four to five years in prison. Aguilar will remain in custody pending her sentencing hearing, which has yet to be set.
Aguilar was arrested on Oct. 15, 2012, based on an eight-count indictment that also charged co-defendant Oscar Marquez, 22, of Albuquerque, and alleged four Hobbs Act armed robberies and four counts of using a firearm during and in furtherance of a crime of violence. The indictment charged Marquez with robbing four Albuquerque-area businesses and using a firearm during each of the robberies. Count 7 of the indictment charged Aguilar with aiding and abetting Marquez with an armed robbery that occurred on May 9, 2012.
On Jan. 18, 2013, Marquez pled guilty to Counts 3, 5, 6 and 7 of the indictment which charged him with three counts of Hobbs Act robbery (the armed robberies of Cricket Wireless on May 29, 2012 , King Wireless on June 7, 2012, and Cricket Wireless on June 9, 2012) and one count of using a firearm during a crime of violence. Marquez also pled guilty to an information charging him with a fourth Hobbs Act robbery relating to the June 10, 2012 armed robbery of a Game Stop Store.
During today’s plea hearing, Aguilar pled guilty to Count 7 of the indictment, the sole charge against her, and admitted assisting Marquez in robbing a Cricket Wireless Store located on Juan Tabo NE on June 9, 2012. In her plea agreement, Marquez stated that Marquez entered the store, pointed a handgun at the clerk, and demanded and obtained money from the clerk. Aguilar admitted knowing that Marquez intended to commit the armed robbery and that she helped him escape with the money.
Marquez has been in federal custody since his arrest on Oct. 17, 2012. He remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Marquez will be sentenced to 20 years in prison.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. The new initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Physician from Raton, N.M., Sentenced to Prison for Trafficking in Prescription DrugsRead the Press Release
ALBUQUERQUE – This morning a federal judge sentenced Gilbert Christopher Aragon, Jr., 48, to 18 months in prison followed by three years of supervised release for his prescription drug trafficking conviction. The sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA.
Aragon pled guilty on May 11, 2012, to a five-count criminal information charging him with the following offenses: (1) conspiracy to acquire prescription drugs by fraud, forgery, fraud, deception and subterfuge; (2) obtaining prescription drugs by fraud, forgery, deception and subterfuge; (3) unlawfully distributing prescription drugs without a legitimate medical purpose; (4) using the identity of another person to obtain prescription drugs by fraud, forgery, deception and subterfuge; and (5) corruptly persuading a witness to make false statements. Aragon admitted committing these offenses in Colfax County, N.M., between July 2009 and July 24, 2010. During this period, Aragon was a physician employed by the Family Practice Clinic in Raton, N.M.
In entering his guilty plea, Aragon admitted that, on July 9, 2009, he conspired with his wife, who has not been charged, fraudulently to obtain Hydrocodone, a prescription painkiller, by providing a prescription to a former patient, who filled the prescription and gave the Hydrocodone to Aragon and his wife. Aragon acknowledged that the former patient did not have a legitimate medical need for the Hydrocodone, and that he and his wife shared the Hydrocodone. Aragon also admitted that, on July 30, 2009, he fraudulently obtained Hydrocodone by having a mentally-challenged patient fill a prescription and give the Hydrocodone to him. That patient also had no legitimate medical need for Hydrocodone, which Aragon used for himself.
Aragon also admitted that, on April 17, 2010, he instructed a nurse at the Family Practice Clinic to prepare a prescription for Ativan, a prescription medication for anxiety, using the DEA registration/provider number of a health care provider at the Family Practice Clinic. Aragon acknowledged that his colleague did not give him permission to use her DEA registration/provider number and had no knowledge that he used her number for the purpose of fraudulently obtaining the Ativan.
Aragon further admitted that, between July 19, 2010 and July 24, 2010, after learning that he was the target of an investigation, he asked a nurse at the Family Practice Clinic to make false statements or omit material statements of fact to the police about his criminal activities. Aragon repeatedly asked the nurse to lie for the purpose of hindering the investigation into his criminal activities.
“The American people expect their medical care professionals to prescribe drugs responsibly. While the vast majority of physicians obey federal laws that control prescription drugs, one bad doctor can endanger himself as well as others in the community,” said FBI Special Agent in Charge, Carol K.O. Lee. “The FBI takes these violations very seriously, and we appreciated the opportunity to work with our partners at the Drug Enforcement Administration and the U.S. Attorney's Office on this case.”
“The abuse of prescription drugs, such as hydrocodone, remains a significant problem in our communities. DEA will continue to target those who illegally divert these pharmaceuticals, which can be as destructive and deadly as any illegal drug. It is particularly disturbing when the offender is a physician who betrays the trust of patients for whose health he is responsible. This conviction should serve as a reminder that anyone who diverts prescription drugs will be held accountable for the harm they cause,” said DEA Special Agent in Charge, Joseph M. Arabit.
The case was investigated by the Albuquerque Division of the FBI and the Albuquerque Field Office of the DEA, and was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Church Rock, N.M., Man Pleads Guilty to Second Degree Murder Charge Involving Death of a Navajo ManRead the Press Release
ALBUQUERQUE –Danny Dan Don Brown, 25, a member of the Navajo Nation who resides in Church Rock, N.M., pled guilty this morning to a second degree murder charge under a plea agreement with the U.S. Attorney’s Office.
Brown and co-defendant, Melvyn Lee Morgan, 29, a member of the Navajo Nation who resides in Gallup, N.M., were charged in a criminal complaint on Dec. 4, 2011, for the Dec. 3, 2011 murder of Robert L. Smith, also a member of the Navajo Nation. According to the complaint, the murder occurred in Church Rock, which is within the Navajo Indian Reservation. Brown and Morgan were arrested on Dec. 27, 2011, and have been in federal custody since that time. The two were indicted on Jan. 24, 2012, and charged with second degree murder.
According to court records, late on the night of Dec. 3, 2011, Brown, Morgan and the victim had a fight after drinking alcohol. During the fight, Brown and Morgan repeatedly kicked and punched the victim, who died as a result of injuries he sustained.
Under the terms of his plea agreement, Brown faces a sentence of not less than 12 years and not more than 15 years in prison. Brown remains in custody pending his sentencing hearing, which has yet to be scheduled.
Morgan has entered a not guilty plea to the indictment. The charges in the indictment as to Morgan are only accusations and he is presumed innocent unless proven guilty.
The case was investigated by the Gallup office of the FBI with assistance from the Crownpoint Division of the Navajo Nation Department of Public Safety and the McKinley County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Ramah Navajo Man Sentenced to Six Years in Prison for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Dhanzasikam R. Toledo, 21, an enrolled member of the Ramah Navajo Chapter of the Navajo Nation, was sentenced this morning to 72 months in prison followed by three years of supervised release for his voluntary manslaughter conviction.
Toledo was arrested on Nov. 21, 2011, on a criminal complaint alleging that he murdered his uncle, also a member of the Ramah Navajo Chapter, on Nov. 10, 2011, in Ramah, N.M., which is located on the Navajo Indian Reservation. Toledo was indicted on a second degree murder charge on Dec. 13, 2011.
On Sept. 26, 2012, a federal jury acquitted Toledo on the second degree murder charge but convicted him of the lesser included charge of voluntary manslaughter. According to the evidence presented at trial, Toledo stabbed the victim to death on Nov. 10, 2011, during an argument over a debt owed by Toledo to the victim that escalated to include personal verbal attacks about Toledo and his family. Toledo stabbed the victim after the victim started making racially derogatory slurs about Toledo, who is of Indian and African‐American descent.
The case was investigated by the Gallup office of the FBI and the Ramah Navajo Nation Police Department, and was prosecuted by Assistant U.S. Attorneys Niki Tapia‐Brito and Presiliano Torrez.
Navajo Man from Arizona Sentenced for Violating Migratory Bird Treaty ActRead the Press Release
ALBQUERQUE –Daniel Chee Walley, 47, a member of the Navajo Nation from Chambers, Ariz., was sentenced this afternoon for violating the Migratory Bird Treaty Act, announced 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.
Walley was arrested on Sept. 14, 2012, based on an indictment charging him with selling and bartering parts of a Swainson’s hawk tail on Jan. 31, 2009, in McKinley County, N.M., without obtaining permission from the Secretary of the U.S. Department of the Interior, in violation of the Migratory Bird Treaty Act. On Oct. 22, 2012, Walley pled guilty to the During this afternoon’s proceedings, Walley was sentenced to two months of home confinement followed by a year of probation. Walley also fined $150 to be paid to the North American Wetlands Conservation Fund.
Swainson’s hawks and other migratory birds are protected under federal wildlife laws, including the Migratory Bird Treaty Act. These laws prohibit the possession, use, and sale of the feathers or other parts of federally protected birds, as well as the unauthorized killing of these birds, to help ensure that bird populations remain healthy and sustainable.
“We want people to understand that over 1000 birds are safeguarded under the Migratory Bird Treaty Act, and the Service is committed to ensuring their protection,” said Nicholas E. Chavez, the US Fish and Wildlife Services Southwest Region Special Agent in Charge.
This case was prosecuted by Special Assistant U.S. Attorney Adam S. Rowley, and was investigated by the U.S. Fish and Wildlife Service and the Navajo Department of Fish and Wildlife Conservation.
The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. It is both a leader and trusted partner in fish and wildlife conservation, known for its scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. 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.
Laguna Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – This morning Laurence Kasero, 38, a member and resident of Laguna Pueblo, N.M., pled guilty to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Kasero was indicted on Sept. 25, 2012, and charged with assault resulting in serious bodily injury. The indictment charged Kasero with assaulting a woman on March 20, 2011, in Indian Country within Bernalillo County.
During this morning’s proceedings, Kasero pled guilty to the indictment. In entering his guilty plea, Kasero admitted assaulting his wife, a member of Acoma Pueblo, at the Route 66 Casino parking lot on Laguna Pueblo on March 20, 2011. Kasero admitted that, after he caused the victim to fall to the ground, he stomped on her ankles causing her to sustain serious bodily injury.
Kasero has been in federal custody since his arrest on Sept. 28, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Kasero faces a maximum penalty of ten years of imprisonment.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and the Pueblo of Laguna Police Department, and is being prosecuted by Special Assistant U.S. Attorney David M. Adams.
Kewa Pueblo Woman Sentenced to Fifteen Months in Prison for Aggravated Assault ConvictionRead the Press Release
ALBUQUERQUE – Lolita Nieto, 36, a member and resident of Kewa Pueblo, was sentenced this afternoon to 15 months in prison followed by a year of supervised release for her aggravated assault conviction. Nieto also was ordered to pay $3,745.20 in restitution to the victim of her attack.
Nieto was indicted on March 1, 2012, and charged with assault resulting in serious bodily injury. She has been in federal custody since her arrest on March 9, 2012.
On July 26, 2012, Nieto pled guilty to an Information charging her with aggravated assault. In entering her guilty plea, Nieto admitted that, on July 23, 2011, she assaulted another woman in Indian country within Sandoval County, N.M. More specifically, Nieto admitted striking and kicking the victim of her assault.
As required by Nieto’s plea agreement, the indictment against Nieto was dismissed after sentence was imposed.
The case was investigated by the Santa Fe office of the FBI and the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Federal Jury Finds Consultants to Former New Mexico Secretary of State Guilty to Theft, Obstruction of Justice, and Money Laundering ChargesRead the Press Release
Armando C. Gutierrez and Joseph C. Kupfer Found Guilty of Stealing $2,500,993 in Federal "Help America Vote Act" Funds
ALBUQUERQUE – This evening, a federal jury sitting in Albuquerque, N.M., found Armando C. Gutierrez, 65, of Corpus Christi, Texas, and Joseph C. Kupfer, 49, of Rio Rancho, N.M., guilty of conspiracy and theft of government property charges after an eight-day trial. The jury also convicted Gutierrez on obstruction of justice and money laundering charges. The jury’s guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Acting Special Agent in Charge Gabriel L. Grchan of the Phoenix Division of the IRS Criminal Investigation, and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
Kupfer and his wife, Elizabeth D. Kupfer, 50, were charged with federal tax evasion offenses on Dec. 15, 2010. The three-count indictment charged the couple with willfully failing to report at least $768,333 in taxable income during tax years 2004 through 2006, and evading $286,175 in federal taxes.
On July 27, 2011, the indictment was superseded by an eleven-count superseding indictment which added Gutierrez as a co-defendant. Counts 1 through 5 of the superseding indictment included a conspiracy charge and theft of government property charges against Gutierrez and Kupfer relating to federal “Help America Vote Act” (HAVA) funds administered by former New Mexico Secretary of State (NMSOS) Rebecca Vigil-Giron. Counts 6 and 7 added obstruction of justice charges against Gutierrez relating to a federal audit and investigation into the misuse of federal HAVA funds, and Count 8 charged Gutierrez with laundering $630,000 in unlawfully obtained proceeds. Counts 9 through 11 included the three original tax
evasion charges against the Kupfers. The superseding indictment also included provisions seeking forfeiture of any property constituting proceeds traceable to the offenses charged, and a money judgment in the amount of $2,500,993, the amount involved in the offenses charged.At the time of the events described in the superseding indictment, Gutierrez and Kupfer were providing consulting services to the NMSOS under HAVA contracts, and Mrs. Kupfer was an employee of the New Mexico Attorney General’s Office (NMAGO) who had been detailed to work for the NMSOS.
In April 2012, the federal judge presiding over the case severed the three tax evasion counts from the other eight counts in the superseding indictment for purposes of trial. The Judge then scheduled separate trials for the Kupfers on the three tax evasion charges (the tax trial), and for Gutierrez and Kupfer on the conspiracy, theft, obstruction of justice and money laundering charges (the HAVA trial).
The tax trial against the Kupfers commenced on Aug. 13, 2012, and concluded on Aug. 17, 2012, when the jury returned a guilty verdict against the Kupfers on all three tax evasion charges. The evidence at the tax trial established that, during the years 2004 through 2006, Kupfer received income from Kupfer Consulting (KC), a business owned and operated by Kupfer, including federal HAVA funds, and the Kupfers reported income from KC in their joint personal tax returns. During those three years, the Kupfers received $1,304,421 in revenue from KC but reported only $502,541 in their tax returns. The Kupfers concealed approximately $768,333 in income by providing incomplete information to their tax preparer, thus avoided paying taxes on that money, and signed false and fraudulent tax returns and submitting those returns to the IRS.
The HAVA trial commenced on Jan. 22, 2012, and the evidence established that, following the passage of HAVA in 2002, States received federal funding to educate voters about the electoral process, increase voter registration, and meet new standards for election administration and voting systems. Between April 2003 and Dec. 2006, the NMSOS administered almost $20 million of federal HAVA funds through a number of contracts, including a multi-million dollar contract for voting-related advertising that was awarded to A. Gutierrez and Associates, Inc. (AGA), a company solely-owned and operated by Gutierrez, and three small contracts for increasing voting accessibility for the disabled that were awarded to KC, Kupfer’s business.
In summary, the evidence established Gutierrez and Kupfer conspired together to defraud the United States by stealing federal HAVA funds and converting the funds for their own use. Specifically, the two men unlawfully obtained federal HAVA funds for work they did not perform and services they did not provide by: (1) submitting false invoices for services that AGA and KC never provided; (2) attempting to obstruct an audit by the Election Assistance Commission (EAC); and (3) attempting to conceal the federal HAVA funds that they stole.
In April 2004, the NMSOS awarded a voting-related advertising contract to AGA. By its terms, the AGA contract was to terminate on Dec. 30, 2006, could not exceed $4 million, and required the written approval of the NMSOS before AGA could retain subcontractors. The AGA contract was amended in May 2006 to include an additional $1,762,000 in federal HAVA funds, and again in Oct. 2006 to add another $186,750 in federal HAVA funds. Between Sept. 2004 and Oct. 2006, AGA received a total of $6,271,810 in federal HAVA funds from the State of New Mexico but Gutierrez submitted documentation supporting only $3,385,151 in services and costs, resulting in an overpayment of $2,500,993 to which AGA was not entitled.
In addition to the three small contracts ($20,000 in 2003; $20,000 in 2004; and $30,000 in 2005) awarded to KC by the NM SOS, AGA made a series of nine payments totaling $746,375 in federal HAVA funds to Kupfer between Oct. 2004 and Nov. 2006. The payments far exceeded the value of any work that Kupfer ever actually performed for AGA under the HAVA contract, and Gutierrez and AGA never submitted any documentation to the NMSOS’s reflecting that AGA had retained Kupfer and/or KC as a subcontractor.
In early 2007, the EAC, an independent bipartisan commission established by HAVA to assist states with HAVA compliance and distribution of federal HAVA funds, began an audit into the use of federal HAVA funds by the NMSOS. The AGA HAVA contract immediately became the primary focus of the EAC’s audit because AGA could not provide documentation to the EAC auditors to support the federal HAVA funds AGA received for services allegedly provided to the State of New Mexico. In an effort to provide documentation for the federal HAVA funds AGA received, AGA provided 187 fraudulent invoices totaling $1,137,000 that purported to represent payment to media vendors when in fact AGA never paid any vendors based on these invoices. AGA also submitted documents that purported to modify the AGA contract by (1) changing it from a fixed hourly rate contract to a cost-plus-percentage-of cost contract, and (2) permitting AGA to hire subcontractors without written approval of the NMSOS. These documents, signed only by Gutierrez and AGA, were not in the files of the NMSOS, the New Mexico Department of Finance and Administration (NM DFA) or the NMAGO, and were not approved by the NM DFA as required by New Mexico law.
Subsequent to the EAC audit and in response to federal grand jury subpoenas, AGA and KC submitted fraudulent invoices that purported to support the nine payments totaling $746,375 that KC received from AGA between Oct. 2004 and Nov. 2006. Three of these invoices sought payments in the aggregate amount of $236,605 for production of a poll worker training video that was actually produced by another subcontractor at the cost of $75,000. These invoices had not been submitted to the EAC during its audit and were not in the files of the NMSOS, the NM DFA or the NMAGO.
The jury deliberated approximately three hours before returning a guilty verdict on Counts 1 through 8 of the superseding indictment.
At sentencing, the defendants face a maximum penalty of five years in prison on each of Counts 1 and 6, and a maximum penalty of ten years in prison on each of the remaining counts in the superseding indictment. The defendants also may be fined up to $250,000 on each count of conviction with the exception of Count 8, the money laundering charge against Gutierrez, which provides for a fine up to twice the value of the funds at issue, or $1,260,000. All three defendants remain on conditions of release pending their sentencing hearings. Mrs. Kupfer is scheduled to be sentenced on March 25, 2013. Sentencing hearings have yet to be set for Gutierrez and Kupfer.
In announcing the jury’s guilty verdict, U.S. Attorney Gonzales said, “The message behind the jury’s guilty verdict is that those who do business with government agencies will be held to the same high standards as government officials. By entering into contracts to provide services paid for with taxpayers’ monies, private citizens become duty bound to provide honest services for the monies they received. Mr. Gutierrez and Mr. Kupfer violated that duty by stealing more than $2,500,000 in taxpayers’ monies and failing to provide any services for that money. When anyone, including public official and government contractors, abuses the public’s trust in this way, they corrupt the system and erode the public’s confidence in their government. I want to thank the New Mexico Attorney General's Office for initiating the investigation that led to today’s guilty verdict, and commend the IRS and FBI for undertaking
the painstaking, comprehensive and complex investigation that permits us to hold these men responsible for stealing from the public they contracted to serve.”“The Federal government provided voter education funds to the State of New Mexico to ensure all citizens have the opportunity to have their voices heard. Gutierrez and Kupfer instead used a significant portion of these funds to support their lavish lifestyles. IRS Criminal Investigation, along with our law enforcement partners, will continue to aggressively pursue the blatant waste of taxpayer dollars,” stated IRS Criminal Investigation Acting Special Agent in Charge Gabriel Grchan.
“The FBI has zero tolerance for those who would steal from U.S. taxpayers, especially when it involves taking advantage of a program created to increase access to one of our nation’s most cherished rights,” said FBI Special Agent in Charge Carol Lee. “Thanks to the efforts of FBI Special Agents working with the IRS Criminal Investigation and the New Mexico Attorney General’s Office, we have held accountable individuals who lined their pockets with money that should have been used to help Americans vote.”
The case was investigated by the IRS Criminal Investigation and the Albuquerque office of the FBI, with assistance from the New Mexico Attorney General’s Office. The case was prosecuted by Assistant U.S. Attorneys Tara C. Neda, Jeremy Peña and Cynthia L. Weisman.
Three California Men Plead Guilty to Perpetuating Fraudulent Cellphone SchemeRead the Press Release
ALBUQUERQUE – This afternoon three California men entered guilty pleas to participating in a scheme to fraudulently obtain high-value cellular phones from retail stores in California, Arizona and New Mexico and to resell the cellular phones for profit. The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales and Resident Agent in Charge Richard Ferretti of Albuquerque Resident Office of the U.S. Secret Service.
Joshua Ferdman, 31, Jeffrey Contella, 28, and Joseph Cohen, 26, of Los Angeles, Cal., and Amir Meir Levi, 36, of Sherman Oaks, Cal., were indicted on Feb. 28, 2012, and charged with (1) conspiracy to transport stolen property and commit access device fraud, and (2) access device fraud. This afternoon, Contella, Cohen and Levi each entered a guilty plea to the indictment without the benefit of any plea agreement.
According to the indictment, in May 2011, the four defendants engaged in a scheme to fraudulently obtain high-value cellphones, including smartphones, from Sprint stores, and to resell the cellphones in a Van Nuys, Cal., store owned by Cohen and through an on-line store hosted by EBay. The defendants traveled to Sprint stores throughout California, Arizona and New Mexico and fraudulently obtained significant quantities of cellphones by impersonating Sprint customers and the unauthorized use of the customers’ account numbers. The defendants allegedly obtained the phones free of cost by instructing store clerks to bill the cost of the phones to the accounts of the unwitting Sprint customers.
From May 10, 2011 through May 16, 2011, Ferdman and Levi traveled to various Sprint stores in California, including stores in Fullerton, Los Angeles, Hollywood, San Francisco, Sacramento and Folsom, to perpetuate their fraudulent scheme. From May 21, 2011 to May 24, 2011, Ferdman and Contella traveled to various Sprint stores in Arizona and New Mexico for that same purpose. During this period, Levi wired cash to Ferdman and Contella; Ferdman sent cellphones to Levi via Federal Express; Levi delivered the cellphones to Cohen; and Cohen sold the cellphones.
On May 25, 2011, Ferdman, Contella and Levi fraudulently obtained 13 smartphones from a Sprint store in Albuquerque through the unauthorized use of a Sprint customer’s account number. That same day, Ferdman, Contella and Levi attempted to purchase an additional six smartphones from a Sprint store in Albuquerque.
Contella, Cohen and Levi remain on conditions of release pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a maximum penalty of five years in prison and a $250,000 fine on the conspiracy charge, and ten years in prison and a $250,000 fine on the access device fraud charge.
The United States is seeking forfeiture of all property used by the defendants to commit the offenses charged in the indictment as well as all proceeds obtained by the defendants as a result of their illegal conduct, including funds in a bank account in the name of Cohen’s business and a PayPal, Inc., account. Approximately $250,000 was seized from those accounts pursuant to court-authorized seizure warrants.
Co-defendant Ferdman has entered a not guilty plea and is pending trial. The charges in the indictment against Ferdman are only accusations, and he is presumed innocent unless found proven guilty beyond a reasonable doubt.
The case was investigated by the U.S. Secret Service and the Albuquerque Police Department’s Organized Crime Unit, and is being prosecuted by Assistant U.S. Attorney John C. Anderson.
Previously Deported Mexican National Sentenced to Nine Years for Violating Immigration LawsRead the Press Release
Defendant’s Sentence Enhanced for Raping a Female Illegal Alien During Smuggling Expedition Involving Nine Illegal AliensALBUQUERQUE – Yesterday afternoon, Alberto Cuevas-Gonzalez, 49, a Mexican national from Senora, Mexico, was sentenced to 102 months in prison for his conviction for transporting illegal aliens and re-entering the United States after previously having been deported subsequent to an aggravated felony conviction. Cuevas-Gonzalez’s sentence was enhanced from the recommended sentencing range of 63 to 78 months based on the court’s findings that Cuevas-Gonzalez raped one of the aliens whom he had smuggled into the United States.
Cuevas-Gonzalez also was sentenced to 12 months in prison for violating his conditions of release on a prior sentence. Six months of this sentence are to be served concurrently with the 102 month sentence, resulting in a total prison sentence of 108 months. Cuevas-Gonzalez will be deported after he completes his prison sentence.
The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.
Cuevas-Gonzalez, whose true name is Jose Angel Cardenas-Aguilar, was arrested by U.S. Border Patrol Agents in Hidalgo County, N.M., on May 3, 2012, for smuggling nine illegal aliens from Mexico into the United States. He has been in federal custody since that time. On June 27, 2012, Cuevas-Gonzalez pled guilty to transporting illegal aliens and re-entering the United States without authorization after previously having been deported subsequent to an aggravated felony conviction.
Court records reflect that Cuevas-Gonzales was arrested on May 3, 2012, shortly after leading nine illegally aliens, including a young woman, across the Mexican border into the United States on foot. Each of the nine illegal aliens had paid or agreed to pay a $3000 smuggling fee to Cuevas-Gonzales. During the two-day trek, Cuevas-Gonzales drew the young woman away from the group on two occasions, once in Mexico and again in Arizona, and coerced her into having sex by threatening to kill her, or to leave her and the others to die in the desert.
Court records reflect that Cuevas-Gonzales was convicted for illegal entry into the United States in 1995 and 1999 and for illegal re-entry after deportation in 2002. He also has two prior felony convictions for marijuana trafficking offenses.
The case was investigated by the U.S. Border Patrol, Lordsburg Border Patrol Station, with assistance from the Cochise County (Arizona) Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Mick I.R. Gutierrez of the U.S. Attorney’s Branch Office.
Albuquerque Man Charged with Robbing Pharmacy at Gunpoint to Obtain Prescription PainkillersRead the Press Release
Defendant Charged with Violating Safe Doses ActALBUQUERQUE – James Phillip Tafoya, 42, of Albuquerque, N.M., made his initial appearance in federal court this morning on a three-count indictment charging him with (1) violating the Hobbs Act by robbing a business involved in interstate commerce, (2) using a firearm in relation to a crime of violence, and (3) theft of medical products. Tafoya remains in custody pending his arraignment and detention hearing which are scheduled for Jan. 31, 2013.
Count 1 of the indictment alleges that Tafoya robbed an employee of an Albuquerquearea CVS Pharmacy at gunpoint on Nov. 3, 2012, and stole Oxycodone and Oxycontin. Count 2 alleges that Tafoya used a firearm to perpetuate the robbery, and Count 3 alleges that Tafoya violated the Safe Doses Act by using violence and the threat of violence to unlawfully take preretail medical products.
The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. The Act provides for enhanced sentences for individuals who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
If convicted, Tafoya faces a maximum sentence of 20 years in prison on the Hobbs Act charge and 30 years in prison on for theft of medical products charge. If convicted on the firearms charge, Tafoya will be sentenced to a mandatory seven-year term of imprisonment to be served consecutive to any prison term imposed on the other two charges.
U.S. Attorney Kenneth J. Gonzales said that this case was brought as part of a new law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This new initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the antiviolence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.
The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Two Grey Hills, N.M., Man Sentenced to a Year and a Day in Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – This morning a federal judge in Albuquerque sentenced Travis Cohoe, 44, a member and resident of Navajo Nation who resides in Two Grey Hills, N.M., to a year and a day in prison for his assault conviction. Cohoe will be on supervised release for three years after he completes his prison sentence. Cohoe also was ordered to pay $7,176.41 in restitution to the victim of his crime.
Cohoe was charged on June 7, 2011, in a two-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon. The indictment alleged that Cohoe assaulted a Navajo man and caused him serious bodily injury on April 13, 2010, on the Navajo Indian Reservation.
On Sept. 24, 2012, Cohoe pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury. During his plea hearing, Cohoe admitted that on April 13, 2010, he seriously injured a Navajo man by running over him with his vehicle during the course of an argument. The victim sustained a broken left femur, broken left wrist, broken facial bones, a concussion, and various abrasions as a result of the assault. Cohoe was intoxicated when he committed the assault. Cohoe has been in federal custody since entering his guilty plea.
Count 2 of the indictment was dismissed after sentence was imposed on Cohoe.
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 Jack E. Burkhead.
Prior Felon from Las Cruces Sentenced to Thirty Months in Prison for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Yesterday afternoon, Alfonso Levya, 34, of Las Cruces, was sentenced to 30 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. 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.
Levya was arrested on a criminal complaint in Sept. 2011, and subsequently was indicted in Jan. 2012, and charged with unlawful possession of a firearm and ammunition. According to the indictment, Levya unlawfully possessed a firearm and ammunition in Dona Ana County, N.M., on April 7, 2010. At the time, Levya was prohibited from possessing firearms or ammunition because he previously had been convicted of a marijuana importation charge in the United States District Court for the Western District of Texas.
Levya pled guilty to the indictment on May 7, 2012, under a plea agreement that required Levya to forfeit the firearm and ammunition that were in his possession on April 7, 2010.
ATF Special Agent in Charge Atteberry stated, “Today’s sentencing serves as an example that law enforcement in the state of New Mexico will not tolerate the criminal possession of firearms by prohibited individuals. I would like to recognize the efforts of our law enforcement partners in removing another potential threat from our community.”
The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Las Cruces/Dona Ana County Metro Narcotics Unit, the New Mexico State Police Narcotics Unit and the Las Cruces Police Department Targeting Neighborhoods Threats (TNT) Unit, and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Prior Felon from Artesia, N.M., Sentenced to 30 Months in Prison for Unlawful Possession of FirearmsRead the Press Release
ALBUQUERQUE – Earlier today a federal judge in Las Cruces, N.M., sentenced Adrian Gutierrez, 33, of Artesia, N.M., to 30 months in prison followed by three years of supervised release for being a felon in possession of firearms. 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.
Gutierrez was arrested on June 29, 2012, on a criminal complaint, and has been in federal custody since that time. Gutierrez pled guilty to an Information on Aug. 23, 2012, that charged him with unlawfully possessing three firearms on March 23, 2012, in Eddy County, N.M. At the time, Gutierrez was prohibited from possessing firearms or ammunition because he previously had been convicted of a marijuana trafficking felony in the Fifth Judicial District Court for the State of New Mexico.
“This case serve as a shining example once again of the collaborative relationship between federal and local law enforcement,” stated ATF Special Agent in Charge Atteberry.
The case was investigated by the Roswell office of the Bureau of Alcohol Tobacco, Explosives and Firearms, the Pecos Valley Drug Task Force and the Carlsbad Police Department, and was prosecuted by Special Assistant U.S. Attorney Donald F. Moore, Jr.
Prior Felon from Albuquerque Sentenced to Eight Years in Prison for Possession of Stolen FirearmRead the Press Release
ALBUQUERQUE – Charles Brown, 61, of Albuquerque, N.M., was sentenced this morning to eight years in prison followed by three years of supervised release for possessing a stolen firearm and ammunition. 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.
Brown was indicted in Oct. 2011, and was charged with two counts of the unlawful possession of a firearm and ammunition on Dec. 20, 2010 and on June 14, 2011 in Bernalillo County, N.M. On both dates, Brown was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in Second Judicial District Court for the State of New Mexico: (1) robbery in May 1972; (2) residential burglary in June 1978; (3) residential burglary and larceny in Feb. 1978; (4) receiving or transferring a stolen motor vehicle in Dec. 1980; (5) receiving stolen property in Dec. 1980; (6) receiving stolen property in Jan. 1990; (7) heroin trafficking in Dec. 1995. He also was convicted of (8) burglary of a dwelling and conspiracy to commit burglary of a dwelling in Jan. 1996, in the Thirteenth Judicial District Court for the State of New Mexico; and (9) endangerment in Aug. 2003, in the Arizona Superior Court, Pima County.
Brown was arrested on Oct. 13, 2011, and has been in federal custody since that time. On Aug. 1, 2012, Brown pled guilty to a criminal information charging him with possession of a stolen firearm on June 14, 2011. The plea agreement required Brown to forfeit the firearms and ammunition that were in his possession on Dec. 20, 2010 and June 14 2011.
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. Attorney Louis E. Valencia.
Mescalero Apache Man Sentenced to 79 Months in Prison for Aggravated Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Earlier today in federal court in Las Cruces, N.M., Terrence Charles Blake, 29, a member and resident of the Mescalero Apache Nation, was sentenced to 79 months in prison for his aggravated sexual abuse conviction. Blake will serve a five-year term of supervised release after he completes his prison sentence, and will be required to register as a sex offender. Blake’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.
Blake was arrested on August 10, 2011, based on a criminal complaint alleging that he raped a Mescalero Apache woman on May 13, 2011, on the Mescalero Apache Reservation. He has been in federal custody since his arrest. On Nov. 16, 2011, Blake was indicted and charged with aggravated sexual abuse.
According to court records, on May 13, 2011, Blake drove the victim to a secluded field behind the Pena Housing Area on the Mescalero Reservation and sexually assaulted her. Blake pled guilty to the indictment on May 7, 2012, and admitted meeting the victim at the Inn of the Mountain Gods Resort and Casino in Ruidoso, N.M., on May 13, 2011. Blake admitted leaving the resort with the victim and later driving her to the secluded field, where he sexually assaulted her against her will and by use of force.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Mescalero Agency, and was prosecuted by Assistant U.S. Attorneys Jessica Càrdenas Jarvis and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Man Sentenced to Seventy Months in Prison for Robbing 1st New Mexico Bank of Las Cruces in December 2011Read the Press Release
ALBUQUERQUE – Daniel Francis Jones, 51, of Las Cruces, N.M., was sentenced this morning to 70 months in prison followed by three years of supervised release for his bank robbery conviction. 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.
Jones was arrested on Dec. 13, 2011, on a criminal complaint alleging that he robbed the 1st New Mexico Bank of Las Cruces, located at 3000 E. Lohman in Las Cruces, on Dec. 13, 2011. He has been in federal custody since his arrest.
Court records reflect that Jones entered the bank with a backpack and approached a bank teller with a note demanding money. After obtaining cash from two bank tellers, Jones left the bank on foot and headed towards stores located near the bank. Shortly thereafter, officers of the Las Cruces Police Department detained Jones at pets store because he matched the description of the robber. Jones was arrested when the officers found him in possession of the stolen money.
Jones pled guilty to the bank robbery on March 8, 2012, 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 Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
Homero Varela Pleads Guilty to Federal Drug Trafficking and Financial CrimesRead the Press Release
ALBUQUERQUE – Homero Varela, 30, of Albuquerque, N.M., entered a guilty plea today to federal drug trafficking and money laundering offenses under a plea agreement that requires a sentence of 120 to 135 months in prison. Varela’s guilty plea was announced U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Joseph M. Arabit of the El Paso Field Division of the DEA, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Acting Special Agent in Charge Gabriel L. Grchan of the Phoenix Division of the IRS Criminal Investigation.
Varela was arrested on Jan. 26, 2012, on a 29-count federal indictment charging him and 14 co-defendants with drug trafficking, money laundering and currency structuring offenses. The indictment charged Varela and his 14 co-defendants with conspiracy to distribute cocaine, methamphetamine and marijuana in New Mexico between May 2011 and January 2012. It also charged Varela and two co-defendants with participation in a money laundering conspiracy. Varela also was charged with distributing methamphetamine, money laundering, and using a communications device to facilitate drug trafficking offenses. The indictment included provisions seeking forfeiture of property constituting, or derived from proceeds obtained from the defendants’ illegal drug trafficking and financial crimes.
This morning, Varela pled guilty to the following three counts of the indictment: Count 1, charging him with conspiracy to distribute controlled substances; Count 5, charging him with conspiracy to launder money; and Count 6, charging him with money laundering. In entering his guilty plea, Varela admitted using cellular telephones on a regular basis to facilitate the distribution of illegal drugs in and about Albuquerque and his money laundering activities.
In his plea agreement, Varela acknowledged the nature and extent of his drug trafficking activities by admitting that he distributed half a kilogram of methamphetamine to a DEA source in July 2011 and again in Sept. 2011. He also admitted facilitating the distribution of 244 kilograms of marijuana and 26 kilograms of cocaine in early Nov. 2011. The marijuana and cocaine were seized on Nov. 10, 2011, when law enforcement authorities arrested co-defendant Ramon Gonzales, Sr., as he was transporting the drugs. Varela also admitted that he and codefendant Roy Madrid arranged for others transport a large amount of currency to Mexico in July 2011. On July 22, 2011, law enforcement authorities seized $112,270 from individuals who were taking drug proceeds from Varela’s drug trafficking activities to Mexico.
Varela also acknowledged the nature and extent of his money laundering activities in his plea agreement. He also agreed to the imposition of a $150,000 money judgment and to forfeit his right and interest in his Albuquerque residence.
Varela remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
Thirteen of Varela’s co-defendants have entered not guilty pleas to the indictment and are pending trial; the 14th co-defendant, Manuel Villa-Mayorquin, has not been apprehended and is considered a fugitive. The charges in the indictment against Varela’s 14 co-defendants are only accusations, and they are presumed innocent unless proven guilty beyond a reasonable doubt.
The indictment in this case was the result of a multi-agency investigation into a major drug trafficking and money laundering organization operating out of the Albuquerque metropolitan area that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The case is being prosecuted by Assistant U.S. Attorney Reeve Swainston and was investigated by DEA, IRS and FBI with support from the New Mexico State Police, the Albuquerque Police Department and, the El Paso County Sheriff’s Office.
Federal Jury Convicts Albuquerque Man for Transporting an Illegal AlienRead the Press Release
ALBUQUERQUE – This afternoon, a federal jury sitting in Albuquerque, N.M., convicted Efrain Gonzales-Perez, 42, of Albuquerque, for transporting an illegal alien after a two-day trial. The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.
Gonzales-Perez was indicted on May 8, 2012, and charged with transporting an illegal alien in New Mexico on March 15, 2012. Trial of the case began on Jan. 28, 2013 and concluded this afternoon when the jury returned a guilty verdict on the sole count of the indictment.
The evidence at trial established that, in summer 2011, the FBI and U.S. Border Patrol obtained information about Gonzales-Perez’s alien smuggling activities. The agents used the information to initiate a covert investigation into Gonzales-Perez during which they recorded telephone conversations relating to alien smuggling. The recorded telephone conversations revealed that in March 2012, Gonzales-Perez made arrangement for others to transport an illegal alien from El Paso, Texas, to Albuquerque. Gonzales-Perez was arrested on March 15, 2012, in the vicinity of an Albuquerque-area truck stop after he had picked up the illegal alien and paid a $1200 transportation fee.
The jury deliberated for approximately an hour and a half before returning the guilty verdict.
At sentencing, Gonzales-Perez faces a maximum penalty of ten years in prison. He remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Albuquerque office of the FBI and the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Norman Cairns and Special Assistant U.S. Attorney Raquel Ruiz-Velez.
Albuquerque Man to Serve Forty-Six Months in Prison for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Christopher Daves, 26, of Albuquerque, N.M., was sentenced to 46 months in prison followed by five years of supervised release for his possession of child pornography conviction. Daves also will be required to register as a sex offender after he completes his prison sentence. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Acting Special Agent in Charge Dennis A. Ulrich, II, with El Paso Homeland Security Investigations (HSI).
Daves was arrested on July 11, 2012, as the result of an undercover operation initiated by the New Mexico State Police. Based on that investigation, HSI executed a search warrant at Daves’ residence on May 2, 2012, and seized his laptop computer. While the warrant was being executed, Daves voluntarily agreed to be interviewed, and admitted that he used his laptop to download child pornography on multiple occasions. A forensic examination of Daves’ laptop computer uncovered hundreds of images of child pornography.
The case was investigated by HSI and the New Mexico State Police, 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 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 www.justice.gov/psc/.
The case also was brought as part of the New Mexico Internet Crimes Against Children Task Force whose mission it 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 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.
Vanderwagen, N.M., Man Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Darryl L. Alexius, 37, an enrolled member of the Navajo Nation who resides in Vanderwagen, N.M., pled guilty this morning to an indictment charging him with being a felon in possession of a firearm.
Alexius was indicted on Oct. 23, 2012, and charged with unlawfully possessing a firearm and ammunition on May 12, 2012 in McKinley County, N.M. At the time, Alexius was prohibited from possessing firearms and ammunition because he previously had been convicted of aggravated assault and aggravated battery.
During today’s plea hearing, Alexius admitted that he possessed a shotgun and shotgun shells on May 17, 2012. Court records reflect that Alexius committed this offense in Jones Ranch, N.M.
At sentencing, Alexius faces a maximum penalty of ten years of imprisonment. His sentencing hearing has yet to be scheduled.
The case was investigated by the Crownpoint Division of the Navajo Nation Department of Public Safety, and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Las Cruces Man Charged with Unlawful Production of Counterfeit Law Enforcement CredentialsRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has indicted Richard A. Stack, 70, of Las Cruces, N.M., for unlawfully producing false identification documents. The indictment was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Resident Agent in Charge Richard Ferretti of Albuquerque Resident Office of the U.S. Secret Service.
The three-count indictment, which was filed on Jan. 23, 2013, alleges that Stack unlawfully produced fraudulent law enforcement identification credentials that appeared to be issued by and under the authority of the U.S. Government. Stack is charged with unlawfully producing counterfeit Federal Air Marshal identification credentials on Jan. 6, 2012, and counterfeit U.S. Secret Service identification credentials on Jan. 9, 2012 and March 14, 2012. An arraignment date for Stack has yet to be scheduled.
“Counterfeit law enforcement credentials can be used by criminals, terrorists, and spies for illegal purposes, including penetrating our nation’s most secure government buildings, airports, and other facilities,” said Special Agent in Charge Lee of the FBI. “I would like to thank the U.S. Attorney's Office and the U.S. Secret Service for their assistance in this investigation. The FBI will continue to work aggressively with our law enforcement partners to investigate and prosecute those who put our national security and public safety at risk by making fake law enforcement badges and credentials available to those who might seek to abuse them."
“Richard Stack allegedly manufactured and sold counterfeit law enforcement credentials to an undercover U.S. Secret Service Agent,” said Resident Agent in Charge Ferretti of the U.S. Secret Service. “These fake credentials could have allowed an unauthorized subject to gain access to federally protected facilities or aircraft and thus erode the public's trust in law enforcement. We therefore must ensure that individuals like Stack are prosecuted and held accountable for their actions, if convicted.”
If convicted, Stack faces a maximum penalty of 15 years in prison and a $250,000 fine on each of the three charges in the indictment. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty.
Assistant U.S. Attorney Jon K. Stanford is prosecuting the case. The investigation was conducted by the Las Cruces office of the FBI, and the Albuquerque Resident Office of the U.S. Secret Service. They were assisted by the New South Wales Police in Australia, the Boston Division of the FBI, the Norfolk Resident Office of the U.S. Secret Service, the U.S. Transportation Security Administration in Dallas, Texas and the Austin, Texas, Police Department.
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Indictment
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Federal Grand Jury Indicts Two Utah Men for Violating Migratory Bird Treaty ActRead the Press Release
Defendants Charged with Unlawfully Offering for Sale Bald Eagle,
Red-Tail Hawk and Northern Flicker Feathers.ALBUQUERQUE – A federal grand jury sitting in Albuquerque has indicted two men from Bluff, Utah, for violating the Migratory Bird Treaty Act, announced 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.
Peterson Oliver Black, Jr., 30, and Jonas Brown, 31, are charged in a three-count indictment that was filed on Jan. 23, 2013. The indictment alleges that Black and Brown offered for sale Bald Eagle, Red-Tail Hawk, and Northern Flicker feathers on Jan. 31, 2009, in San Juan County, N.M. Arraignment dates for Black and Brown have yet to be scheduled.
If convicted, Black and Brown each face a maximum penalty of two years imprisonment, one year of supervised release, and a $250,000 fine on each of the three counts of the indictment. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty.
Eagles, Red-Tail Hawks, Northern Flickers, and other migratory birds are protected under federal wildlife laws, including the Migratory Bird Treaty Act. These laws prohibit the possession, use, and sale of the feathers or other parts of federally protected birds, as well as the unauthorized killing of these birds, to help ensure that the Eagle and other bird populations remain healthy and sustainable.
“Protecting our Nation's Wildlife from unlawful commercial exploitation of protected U.S. Species is a high priority for the U. S. Fish and Wildlife Service Office of Law Enforcement,” said Special Agent in Charge Nicholas Chavez of the U.S. Fish and Wildlife Service. “We also work with our local, state, tribal, and other federal law enforcement partners to apprehend individuals that violate wildlife laws."
The case is being prosecuted by Assistant U.S. Attorney Paul H. Spiers, and was investigated by the U.S. Fish and Wildlife Service and the Navajo Department of Fish and Wildlife Conservation. The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. It is both a leader and trusted partner in fish and wildlife conservation, known for its scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. 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.
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Indictment
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Two Pecos, N.M., Men Plead Guilty to Unlawful Logging in the Santa Fe National ForestRead the Press Release
Both Sentenced to Probation and Ordered to Pay $1,495.20 in Restitution.
ALBUQUERQUE – This morning in federal court, Kevin J. Quintana, 27, and Kevin C. Vigil, 28, both of Pecos, N.M., each entered a guilty plea to the misdemeanor offense of unlawfully cutting and destroying trees growing on federal public lands. The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales and Aban Lucero, Regional Patrol Commander of Law Enforcement and Investigations of the Southwestern Region of the U.S. Forest Service.
According to court records, Quintana and Vigil were arrested on Nov. 3, 2012, after a U.S. Forest Service Officer observed them cutting and loading timber onto a truck that was parked on National Forest Systems Lands (NFS lands) in the Santa Fe National Forest in San Miguel County, N.M. At the time, both Quintana and Vigil claimed that the timber was harvested on private property with permission from the landowner. Shortly thereafter, Vigil admitted that a large amount of the timber that was already loaded on the truck was harvested on NFS lands.
During today’s plea hearings, Quintana and Vigil each pled guilty to cutting and harvesting 15 Engelmann Spruce pine trees from the Santa Fe National Forest on Nov. 3, 2012. Each admitted entering the Santa Fe National Forest in the Pecos/Las Vegas Ranger District and cutting down approximately 15 standing trees. They also admitted not having a proper permit for cutting and harvesting those trees.
Quintana and Vigil each was sentenced to a year of probation and ordered to pay $1,495.20 in restitution to the U.S. Forest Service which will be used for reforestation projects and community awareness to deter future timber crimes. Quintana and Vigil also were required to forfeit the chainsaws they used to unlawfully cut and harvest the trees.
The case was prosecuted by Assistant U.S. Attorney William J. Pflugrath, and was investigated by the U.S. Forest Service, Law Enforcement & Investigations. It is the mission of the U.S. Forest Service to sustain the health, diversity, and productivity of the nation’s forests and grasslands to meet the needs of present and future generations. The agency manages 193 million acres of public land, provides assistance to state and private landowners, and maintains the largest forestry research organization in the world.
Prior Felons from San Juan County Sentenced to Prison for Unlawful Possession of FirearmsRead the Press Release
ALBUQUERQUE – Two prior felons from San Juan County, N.M., were sentenced to prison time by federal judges today for being felons in possession of firearms. The sentences were 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.
Nickolas Neil Anaya, 28, of Farmington, N.M., was sentenced to 63 months in prison followed by three years of supervised release. In a separate case, Walter White, 32, of Bloomfield, N.M., was sentenced to 42 months in prison followed by three years of supervised release.
Anaya was indicted on Dec. 14, 2011, and was charged with unlawfully possessing a Ruger, Vaquero model, .45 caliber revolver and ammunition in San Juan County on June 23, 2011. Anaya was prohibited from possessing firearms or ammunition because he previously had been convicted of (1) possession of a controlled substance; (2) aggravated assault; and (3) aggravated battery in the Eleventh Judicial District Court for the State of New Mexico. Anaya was arrested on April 4, 2012, and has been in federal custody since that time. On Oct. 4, 2012,
Anaya pled guilty to the indictment. As part of his plea deal, Anaya was required to forfeit the firearm and ammunition that were in his possession on Dec. 14, 2011.
White was indicted on July 10, 2012, and charged with unlawfully possessing a Ruger, Model GP 100, .357 caliber revolver in San Juan County on Oct. 11, 2011. White was prohibited from possessing firearms because he previously had been convicted of (1) the unlawful taking of a vehicle; (2) burglary; (3) being a felon in possession of a firearm; (4) larceny; and (5) larceny of a firearm. White was arrested on Sept. 13, 2012, and has been in federal custody since that time. On Nov. 5, 2012, White pled guilty to the indictment and admitted possessing a firearm that he sold at the Farmer’s Market in Bloomfield on Oct. 11,
2011. As part of his plea deal, White was required to forfeit the firearms.The Bureau of Alcohol Tobacco, Explosives and Firearms investigated both cases. It was assisted by the Farmington Police Department on the Anaya case and by the Region II Narcotics Task Force on the White case. Assistant U.S. Attorney Louis E. Valencia prosecuted the Anaya case and Assistant U.S. Attorney David M. Walsh prosecuted the White case.
Frederick and Carey Gonzales Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Frederick Gonzales, 42, and his wife Carey Gonzales, 36, both of Albuquerque, N.M., were arrested on federal child pornography charges on Jan. 18, 2013. The couple made their initial appearances in federal court in Albuquerque this morning. They remain in custody pending detention hearings which are scheduled for 1:30 p.m. tomorrow.
Frederick and Carey Gonzales previously were arrested on state child pornography charges on Jan. 11, 2013. At the time, Frederick Gonzales was the incoming president of Albuquerque’s Young America Football League (YAFL), and Carey Gonzales was employed as a kindergarten teacher’s aide by the Albuquerque Public Schools (APS). Since then, YAFL has removed Frederick Gonzales from his position with the organization, and APS has fired Carey Gonzales.
Frederick and Carey Gonzales are charged in federal criminal complaints that were filed on Jan. 18, 2013. Frederick Gonzales is charged with distribution, receipt and possession of visual depictions of minors engaged in sexually explicit conduct. If convicted of those charges, he faces a maximum penalty of not less than five years and not more than 20 years in prison. Carey Gonzales is charged with possession of visual depictions of minors engaged in sexually explicit conduct. If convicted, she faces a maximum penalty of ten years of imprisonment or twenty years of imprisonment if the child pornography depicts prepubescent children.
Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees, and was investigated by the following members of the New Mexico Internet Crimes Against Children (ICAC) Task Force: the New Mexico Attorney General’s Office, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensic Lab.
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/.
The case also was brought as part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
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Albuquerque Man Pleads Guilty to Armed Robbery Spree - Defendant Admits Robbing Albuquerque Businesses in Two-Week PeriodRead the Press Release
Defendant Admits Robbing Four Albuquerque Businesses in Two-Week Period
ALBUQUERQUE – This morning, Oscar Marquez, 22, of Albuquerque, N.M., pled guilty to four counts of Hobbs Act robbery and one count of using a firearm during a crime of violence, and admitted robbing four Albuquerque-area businesses at gunpoint during a two-week period. Marquez’s guilty plea 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.
Marquez was charged in an eight-count indictment with four counts of violating the Hobbs Act by interfering with a business involved in interstate commerce by robbery, and four counts of using a firearm during and in furtherance of a crime of violence. The indictment, which was filed in Oct. 2012, also charged co-defendant, Rebecca Aguilar, 25, of Albuquerque, with aiding and abetting one of the robberies.
The indictment charged Marquez with robbing the following four Albuquerque-area businesses: the Captain D’s Restaurant on May 28, 2012 (Count 1); a Cricket Wireless Store on May 29, 2012 (Count 3); a King Wireless Store on June 7, 2012 (Count 5); and another Cricket Wireless Store on June 9, 2012 (Count 7). Counts 2, 4, 6 and 8 charged Marquez with using a firearm during each of the four robberies. According to the indictment, Marquez discharged his firearm during the May 29, 2012 and June 9, 2012 robberies, and Aguilar allegedly participated in the May 9, 2012 robbery.
During today’s proceedings, Marquez entered guilty pleas to Counts 3, 5, 6 and 7 of the indictment, and admitted robbing store clerks at three businesses at gunpoint between May 29 and June 9, 2012. Marquez also pled guilty to an information charging him with the armed robbery of a store clerk at an Albuquerque-area Game Stop on June 10, 2012.
Marquez has been in federal custody since Oct. 17, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Marquez will be sentenced to 20 years in prison, and Counts 1, 2, 4 and 8 of the indictment will be dismissed after he is sentenced.
Aguilar, who was arrested on Oct. 15, 2012, has entered a not guilty plea to Count 7 of the indictment, the sole charge against her. The charge against Aguilar is only an accusation and she is presumed innocent unless proven guilty beyond a reasonable doubt. Aguilar is detained pending trial, which has not been scheduled.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. The new initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Prior Felon Sentenced to 70 Months in Prison for Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Anthony Chavez, 30, of Albuquerque, N.M., was sentenced this morning to 70 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. 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.
Chavez was indicted in Aug. 2011, and was charged with unlawfully possessing a semiautomatic pistol and ammunition in Bernalillo County, N.M., on April 14, 2011. At the time, Chavez was prohibited from possessing firearms or ammunition because he previously had been convicted of (1) intentional child abuse and larceny, and (2) cocaine trafficking, in the Second Judicial District Court for the State of New Mexico.
Chavez was arrested on Sept. 21, 2011, and has been in federal custody since that time. On April 11, 2012, Chavez pled guilty to the indictment. As part of his plea agreement, Chavez was required to forfeit the firearm and ammunition that were in his possession on April 14, 2011.
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. Attorney Louis E. Valencia.
Former NMSU Student Sentenced to Prison for Making False Bomb ThreatsRead the Press Release
ALBUQUERQUE – This morning, a federal judge in Las Cruces, N.M., sentenced Daud Anwar, 30, of Albuquerque, N.M., to 24 months in prison to be followed by three years of supervised release for his conviction for making false bomb threats. Anwar’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
On March 21, 2012, Anwar was charged with using electronic communication devises on March 3, 2011, to falsely claim that buildings on the New Mexico State University (NMSU) campus would be damaged or destroyed by an explosive device. Anwar was arrested on March 27, 2012, and has been in federal custody since that time. On April 30, 2012, Anwar pled guilty to the indictment without the benefit of a plea agreement.
According to court records, on the morning of March 3, 2011, Anwar, who was then a student at NMSU, used telephones and the Internet to falsely claim that there was a bomb on the NMSU campus and to threaten that there would be casualties if the campus was not evacuated. Anwar made six separate false bomb threats that morning which caused substantial disruption at NMSU and resulted in the evacuation of parts of the NMSU campus as law enforcement officials and University administrators responded to the bomb threats.
“Threats like the ones made by Daud Anwar are serious crimes and warrant a serious response,” said U.S. Attorney Gonzales. “In a post-9/11 world, each and every bomb threat must be taken seriously. False bomb threats drain our already overburdened public safety agencies, and prevent them from pursuing real threats to our security and other serious crimes. For this reason, we will diligently investigate and prosecute these cases.”
“The safety and security of our schools and communities are of the utmost importance to the FBI and the Joint Terrorism Task Force, which includes partnerships with the NMSU Police and Computer Security Team, and the U.S. Attorney's Office,” said Special Agent in Charge Lee. “Threats like the ones in this case are taken very seriously by the FBI and all of our law enforcement partners.”
The case was investigated by the Las Cruces office of the FBI and the NMSU Police Department with assistance from the Computer Security Team in the NMSU Information and Communications Technology Department, and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
San Felipe Pueblo Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Earlier today, Valentino Sanchez, 33, a member and resident of San Felipe Pueblo, N.M., pled guilty to two federal assault charges under a plea agreement with the U.S. Attorney’s Office.
Sanchez pled guilty to assault with a dangerous weapon and assault resulting in serious bodily injury. In entering his guilty plea, Sanchez admitted assaulting a San Felipe Pueblo woman on May 14, 2012, with a stick. He also admitted that the victim sustained serious bodily injuries as a result of the assault. The offenses occurred on San Felipe Pueblo land.
Court records reflect that Sanchez was arrested on May 22, 2012, after investigation revealed that he had assaulted the victim by repeatedly striking and punching her on the head and back with his hands, kicking her, and striking her on the head and back with a stick. As a result of the assault, the victim suffered an orbital fracture to the right side of her face and a small traumatic subarachnoid hemorrhage to the left front part of the brain.
Sanchez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sanchez faces a maximum penalty of ten years of imprisonment.
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 Presiliano A. Torrez.
Kewa Pueblo Man Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – This afternoon Aaron M. Coriz, 22, a member of Kewa Pueblo who resides in Taos, N.M., pled guilty to an indictment charging him with intentional child abuse under a plea agreement with the U.S. Attorney’s Office.
During today’s plea hearing, Coriz admitted abusing an Indian child under the age of 12 years on April 21, 2010. In his plea agreement, Coriz admitted punishing the child victim by striking the child on the buttocks, back, hips, legs, with his hands, resulting in redness, raised skin, and bruising on those areas of the child’s body. Coriz committed this offense on Kewa Pueblo land.
Under the terms of his plea agreement, Coriz faces up to six months of imprisonment to be followed by a term of supervised release to be determined by the Court. Following his arrest on Nov. 27, 2012, Coriz was released to a half-way house under conditions of release. He remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. 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.
Albuquerque Businesswoman Sentenced to a Month in Prison for Misdemeanor Tax Conviction - Also Ordered to Pay $125,776.54 in Restitution to IRSRead the Press Release
Also Ordered to Pay $125,776.54 in Restitution to IRS
ALBUQUERQUE – Delilah S. Haller, 56, of Albuquerque, N.M., was sentenced this morning to a month in prison followed by a year of supervised release, which will include four months of location monitoring, for her misdemeanor conviction for willfully failing to file a federal tax return. Haller also was ordered to pay $125,776.54 in restitution to the IRS.
Haller was indicted in March 2011 and charged with willfully failing to file federal tax returns for tax years 2005, 2006 and 2007. At the time of the misdemeanor offenses charged in the indictment, Haller did business as Rosewood Equities, LLC.
On May 17, 2012, Haller pled guilty to the third count of the indictment, charging her with willful failure to file a tax return for tax year 2007. In entering her guilty plea, Haller admitted that, although she earned more than $19,600 in income in 2007, she willfully failed to file a federal tax return for that year as required.
Haller filed tax returns for the three years charged in the indictment as well as for tax year 2004 before entering her guilty plea. Since then, Haller also has filed tax returns for tax years 2008 through 2011.
As required by the plea agreement, Counts 1 and 2 of the indictment were dismissed after Haller was sentenced. Haller is to surrender to the U.S. Marshals Service within a week to begin serving her prison sentence.
The case was investigated by the IRS, Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Sasha Siemel.
Former Santa Fe Resident Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – This morning, Carl Labadie, 60, a Colorado resident, entered a guilty plea to possession of a visual depiction of minors engaged in sexually explicit conduct under a plea agreement with the U.S. Attorney’s Office.
Labadie pled guilty to an indictment charging him with possessing child pornography in Santa Fe, N.M., on March 1, 2012. At the time he committed the offense, Labadie was a resident of Santa Fe, where he was self-employed as an acupuncture and massage therapist.
In his plea agreement, Labadie acknowledged that on March 1, 2012, agents of the New Mexico State Police (NMSP) and Homeland Security Investigations (HSI) executed a search warrant at his Santa Fe residence and seized computers and computer-related media. The search warrant was obtained based on a NMSP undercover investigation that began in Jan. 2012, which determined that an Internet Protocol Address registered to Labadie was being used to distribute child pornography.
While the agents were executing the search warrant at Labadie’s residence, Labadie voluntarily participated in an interview with NMSP and HSI agents during which he admitted using file-sharing programs to download child pornography. Labadie further admitted engaging in this illegal conduct for approximately four years.
Labadie also acknowledged that an examination of the images and videos on his computers and computer-related media by the National Center for Missing and Exploited Children revealed 5,350 images and 200 videos of 129 children who have been identified as child pornography victims and have been rescued.
After entering his guilty pleas, Labadie was remanded into the custody of the U.S. Marshals Service pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Labadie will sentenced to four years of imprisonment to be followed by a term of supervised release to be determined by the Court. Labadie will pay $500.00 in restitution to each of two victims whose images he possessed on his computers and computer-related media. He also will be required to register as a sex offender.The case was investigated by the NMSP, HSI and the New Mexico Regional Computer Forensic Lab, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees.
U.S. Attorney Kenneth J. Gonzales said that Labadie was charged as part of Operation Artemis, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (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, six 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: HSI, 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.
Los Lunas Woman Sentenced to Prison for Federal Bank Fraud and Embezzlement ConvictionRead the Press Release
ALBUQUERQUE – This morning a federal judge sentenced Jolene Calderon, 35, of Los Lunas, N.M., to a 15-month term of imprisonment for her conviction on bank fraud and embezzlement in connection with health care charges. Calderon will be on supervised release for five years after completing her prison sentence. She also was ordered to pay $86,000.85 in restitution to the victims of her criminal conduct.
Calderon was indicted on Feb. 8, 2012, and charged with 82 counts of bank fraud and five counts of theft or embezzlement of funds from a health care benefit program. Calderon was employed as an analyst in Presbyterian Health Plan's (PHP) financial department and served as the treasurer of the Presbyterian Employees Goodwill Group (PEGG) at the time of the offenses charged in the indictment.According to the indictment, between Oct. 2008 and May 2010, Calderon used her position as PEGG treasurer to commit bank fraud by diverting funds from the PEGG bank account to her own bank accounts or bank accounts she controlled. The indictment also alleged that, between Feb. 2010 and May 2010, Calderon embezzled funds belonging to Presbyterian Healthcare Services (PHS), a healthcare benefit program.
On June 22, 2012, Calderon pled guilty to Counts 1 and 83 of the indictment which charged her with bank fraud and embezzlement in connection with health care. In entering her guilty plea, Calderon admitted abusing her employment at PHP and her position as treasurer of PEGG to devise and execute an illegal scheme to obtain money from the PEGG account.
More specifically, Calderon admitted writing checks on the PEGG account to herself; forging the signatures of authorized account signers, and making false entries into the PEGG check registry to make it appear as if the checks had been written for legitimate PEGG purposes. Calderon fraudulently obtained an aggregate of $86,000.85 through 82 separate transactions over a 20-month period.
Calderon also admitted that, when the PEGG account began to run low, she replenished the account by embezzling funds belonging to PHS and depositing the funds into the PEGG bank account. Calderon misdirected checks intended for PHS into the PEGG bank account on five separate occasions and thus embezzled an aggregate of $31,867.23 in funds intended for a healthcare benefit program.
As required by Calderon’s plea agreement, the Court dismissed the remaining 85 counts of the indictment after imposing sentence on Calderon. Calderon is required to surrender to a federal correctional institution to be designated by the U.S. Bureau of Prisons within 60 days to begin serving her prison sentence.
The case was investigated by the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorney C. Paige Messec.
Jal, N.M., Accountant Arraigned on Federal Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – This morning, Roger L. Baeza, 31, of Jal, N.M., was arraigned on an 81-count indictment charging him with 78 counts of securities fraud, one count of access device fraud and two counts of aggravated identity theft. Baeza entered a not guilty plea to the indictment during his arraignment hearing.
U.S. Attorney Kenneth J. Gonzales said that Baeza is charged with defrauding two Jalbased businesses, Lea Energy Services, LLC, and Fulfer Oil & Cattle Company, LCC, of approximately $572,000 between June 2010 and Feb. 2012. During that period, Baeza was employed as the in-house accountant by the owners of the two businesses.
According to the indictment, from June 4, 2010 to Feb. 27, 2012, Baeza forged checks belonging to Lea Energy Services, LLC, and the Fulfer Oil & Cattle Company, LCC, on 78 separate occasions and thus defrauded his employers of an aggregate of $311,960.08. Count 79 of the indictment alleges that, during that same period, Baeza unlawfully used a credit card issued to his employers to defraud his employers of an aggregate of $189,267.02. Counts 80 and 81 each charge Baeza with unlawfully using the identification of one of his employers to unlawfully withdraw money from his employers’ business accounts.
The maximum penalty for a conviction on each of the 78 securities fraud counts and the access device fraud count is ten years of imprisonment and a $250,000 fine. The maximum penalty for a conviction on each of the two aggravated identity theft counts is a mandatory two-year term of imprisonment to be served consecutive to any other prison sentence imposed and a $250,000 fine.
Following his arrest on a criminal complaint on Nov. 6, 2012, Baeza is on conditions of release pending trial.
The case was investigated by the Roswell office of the FBI and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Allegations in criminal complaints and indictments are only accusations. Criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Former MDC Corrections Officer Sentenced for Civil Rights ViolationsRead the Press Release
ALBUQUERQUE – Demetrio Juan Gonzales, 40, a former corrections officer at the Bernalillo County Metropolitan Detention Center (MDC) in Albuquerque, N.M., was sentenced today in federal court to 33 months in prison followed by three years of supervised released for 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. Gonzales pleaded guilty in Oct. 2012.
According to court documents, 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. Gonzales’ 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. Nonetheless, Gonzales became angry at the victim and walked him to the shower room/dress out area where he knew there were no surveillance cameras. Several other corrections officers followed Gonzales to the shower room/dress out area. There, Gonzales physically assaulted the victim, striking him multiple times, and choking him. As a result of Gonzales’ actions, the victim started bleeding. Gonzales acknowledged that the victim did not do anything to justify the beating, and as a corrections officer, he is not permitted to assault inmates just because they anger him.
“Corrections officers who abuse their authority to physically assault prisoners undermine the foundations of the rule of law and violate basic Constitutional guarantees that protect every person in America,” said Assistant Attorney General Thomas E. Perez of the Department of Justice’s Civil Rights Division. “The Department of Justice and the Civil Rights Division will continue to aggressively prosecute civil rights violations that occur in our jails and prisons.”
Fellow former MDC corrections officers Kevin Casaus, 24, and Matthew Pendley, 26, were indicted by a federal grand jury in June 2012, and are awaiting trial on charges related to this assault. Casaus is charged with violating the victim’s civil right rights when he allegedly 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 Bernalillo County Sheriff’s Office (BCSO) and then for falsifying his incident report. Similarly, Matthew Pendley is also charged with obstruction of justice for making false statements to BCSO detectives, and also for tampering with evidence by cleaning up blood from the shower room/dress out area. Casaus and Pendley are presumed innocent unless proven guilty.
“We depend on the guards in our prison system not only to do an important job, but also to carry out their duties in a way that respects their positions of authority, the law and ultimately the population they supervise,” said Kenneth J. Gonzales, U.S. Attorney for the District of New Mexico. “Abuses of authority, under any circumstances, have no place in our prison system and will not be tolerated.”
“Our citizens have the right to expect their corrections officers to act legally and in accordance with the Constitution,” said Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI. “We hope today's sentencing serves as a reminder to all public servants that nobody is above the law. The Albuquerque FBI Division will continue to work with our law enforcement partners to vigorously investigate all allegations of civil rights violations. I want to thank the U.S. Attorney's Office and the Department of Justice Civil Rights Division for their support in this case. I also want to acknowledge the assistance given to the FBI by the Metropolitan Detention Center's executive management and internal affairs staff and the Bernalillo County Sheriff's Office.”
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.
U.S. Attorney's Office Reaches Settlement with Albuquerque Restaurant Under the Americans with Disabilities ActRead the Press Release
ALBUQUERQUE – The U.S. Attorney’s Office has reached a settlement agreement under the Americans with Disabilities Act (ADA) with MasDonald, LLC, and Maloney’s Tavern to ensure equal access to Maloney’s Tavern for individuals with disabilities who use service animals. MasDonald, LLC, is an Arizona limited liability corporation that owns and operates Maloney’s Tavern, a restaurant located on Central Avenue NW in Albuquerque, N.M.
The settlement agreement resolves a complaint filed under Title III of the ADA by an individual with a disability who was refused service and asked to leave Maloney’s Tavern because she was accompanied by her service animal. It requires, among other things, that Maloney’s Tavern provide training to its employees to ensure that individuals with disabilities who use service animals have full and equal enjoyment of its goods, services and facilities.
“The Americans with Disabilities Act guarantees equal access to individuals with disabilities who are accompanied by service animals, but too often those individuals are subject to discrimination because of misperceptions or a lack of understanding of the law,” said U.S. Attorney Kenneth J. Gonzales.
The settlement agreement requires that MasDonald, LLC, and Maloney’s Tavern:
- Implement a nondiscrimination policy regarding individuals with disabilities who use service animals;
- Distribute the policy and train employees on the rights of service animal users and employee obligations to ensure full and equal access to the goods, services and facilities of Maloney’s Tavern;
- Provide the same training to new staff within 30 days of their date of hire;
- Post a sign stating that “This Restaurant Welcomes Customers with Disabilities Who Are Accompanied by Their Service Animals ” next to the entry door of Maloney’s Tavern; and
- Pay $2,500.00 as a civil penalty.
A service animal is individually trained to work or perform tasks for the benefit of an individual with a disability. Service animals perform a wide variety of functions. Examples of these functions include guiding persons who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, warning persons about impending seizures or other medical conditions, performing a variety of tasks for persons with psychiatric disabilities, picking up items, opening doors, flipping switches, providing physical support and pulling wheelchairs for individuals with mobility disabilities. Currently, only dogs are recognized service animals.
Title III of the ADA prohibits discrimination by retail stores, restaurants, hotels, taxi and bus companies, doctors, hospitals and other private businesses and nonprofit organizations that provide services to the public. Title II of the ADA prohibits discrimination by public entities, including state and local governments and public transportation providers. All of these entities are prohibited from excluding individuals with disabilities from their facilities, services and programs because the individuals use service animals. If any of these entities has a rule excluding pets or other animals, it must make an exception to that rule and permit an individual with a disability to be accompanied by a service animal anywhere on the premises that other customers are permitted to go.
U.S. Attorney Gonzales said, “We are pleased that MasDonald and Maloney’s Tavern have affirmed their commitment to ensuring that individuals with disabilities benefit fully and equally from their goods, facilities, and services, including individuals who use service animals.”
Assistant U.S. Attorney Ruth F. Keegan represented the United States in negotiating the settlement agreement.
More information about the ADA and ADA rights and responsibilities relating to service animals is available on the ADA home page at www.ada.gov. This information includes two publications specifically addressing access for individuals accompanied by service animals: “ADA Business Brief: Service Animals” and “Commonly Asked Questions About Service Animals in Places of Business.” Those interested in obtaining copies of these documents or additional information may also call the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Settlement Agreement
- Implement a nondiscrimination policy regarding individuals with disabilities who use service animals;
Non-Native Man Residing on Navajo Indian Reservation Pleads Guilty to Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – On January 4, 2013, Richard Glosch, 34, a non-Indian who resides in Pinehill, N.M., pled guilty to a marijuana trafficking charge under a plea agreement with the U.S. Attorney’s Office.
U.S. Attorney Kenneth J. Gonzales said that Glosch was arrested on Oct. 25, 2012, after tribal officers found marijuana plants in his Pinehill residence when responding to a domestic violence call. Pinehill is located within the Navajo Indian Reservation. Subsequently, Glosch was indicted and charged with (1) intentional child abuse not resulting in death or bodily harm, and (2) possession of marijuana with intent to distribute.
During his plea hearing, Glosch plead guilty to Count 2 of the indictment and admitted that on Oct. 25, 2012, he possessed marijuana with the intention of delivering or transferring it to another person. Under the terms of Glosch’s plea agreement, Count 1 of the indictment will be dismissed after Glosch is sentenced.
Glosch continues on conditions of release and under pretrial supervision pending his sentencing hearing, which has yet to be scheduled. At sentencing, Glosch faces a maximum five years of imprisonment.
The case was investigated by the Ramah Navajo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.Men from California and Texas Plead Guilty to Federal Kidnapping ChargeRead the Press Release
ALBUQUERQUE – Brandon Lawrence Jones, 35, of San Diego, Calif., and Jesus Manuel Gallegos, 41, of El Paso, Texas, have entered guilty pleas to an indictment charging them with a federal kidnapping charge. Jones entered his guilty plea on Dec. 28, 2012, and Gallegos entered his guilty plea on Jan. 3, 2013. Both guilty pleas were entered without the benefit of plea agreements.
Court records reflect that, on the night of Nov. 5, 2011, Jones and Gallegos carjacked and kidnapped a man as he was leaving a basketball game in El Paso, Texas. Using an air pistol that resembled semi-automatic pistol, Jones forced the victim to get into the passenger seat of his own vehicle. Thereafter, Gallegos joined Jones and the victim in the vehicle. After directing the victim to identify banks at which the victim maintained accounts, Jones took bank cards out of the victim’s wallet; forced the victim to reveal the PINs for his bank accounts; and withdrew cash from the victim’s bank accounts. During this time, Jones and Gallegos repeatedly struck the victim in the face and body with their fists.
Jones and Gallegos drove the vehicle from El Paso to Clines Corner, N.M. During one stop, they duct-taped the victim’s hands and feet, but later released him from the restraints when they realized that it might be hard to explain a restrained passenger as they crossed through the U.S. Border Patrol checkpoint at Hatch, N.M. During a stop in Albuquerque, N.M., Jones and Gallegos continued to use the victim’s bank card to withdraw money from the victim’s bank accounts. When they arrived at Clines Corner in the early morning of Nov. 6, 2011, Jones and Gallegos parked the vehicle at a truck stop and fell asleep. After ensuring that his kidnappers were asleep, the victim escaped from the vehicle and sought help from restaurant employees at the Clines Corner truck stop who called 911 and helped the victim contact family members in El Paso. Shortly thereafter, officers of the New Mexico State Police and Torrance County Sheriff's Office arrested Jones and Gallegos, who were still asleep in the victim’s vehicle.
When they were arrested, Jones was in possession of a wallet containing the victim’s driver's license, and Gallegos was in possession of one of the victim’s bank cards. In the vehicle, the officers found an air pistol, which looked like a semi-automatic pistol with a laser site, ATM receipts, and wads of used duct tape.
Jones and Gallegos were arrested on federal charges on Nov. 7, 2011, and have been in federal custody since that time. At their sentencing hearings, which have yet to be scheduled, Jones and Gallegos each face a maximum sentence of life imprisonment.
The case was investigated by the Albuquerque Division of the FBI and the New Mexico State Police. The case is being prosecuted by Assistant U.S. Attorneys Charles L. Barth and William Pflugrath and Special Assistant U.S. Attorney Adam Rowley.
Laguna Pueblo Man Pleads Guilty to Federal Domestic Violence by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Last week, Timothy Luke Perea, 41, a member and resident of Laguna Pueblo, pled guilty to an indictment charging him with domestic assault by a habitual offender. Perea entered his guilty plea on Jan. 4, 2013, 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.
During his plea hearing, Perea admitted assaulting his wife, also a member of Laguna Pueblo, on March 6, 2011. In entering his guilty plea, Perea acknowledged that he had at least two prior convictions for assault against a spouse, household member, intimate partner, or a person with whom he was cohabiting.
Perea was prosecuted federally for the March 6, 2011 assault because he had two prior domestic violence convictions. Court records reflect that Perea was convicted of assault resulting in serious bodily injury on Aug. 29, 1997, in federal court in New Mexico. Perea also was convicted of aggravated battery against a household member on Oct. 20, 1997, in the Second Judicial District Court for the State of New Mexico.
At sentencing, Perea faces a maximum penalty of five years of imprisonment and a $250,000 fine. Perea has been in custody since his arrest on Oct. 17, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled.The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and the Laguna Pueblo Police Department, and is being prosecuted by Special Assistant U.S. Attorney David M. Adams.
Brothers from Espanola Arraigned on Federal Conspiracy and Theft of Postal Property ChargesRead the Press Release
ALBUQUERQUE – This morning, Joseph Torrez, 24, and his brother Ivan Chavez, 18, both of Espanola, N.M., were arraigned on a two-count indictment charging them with conspiracy and theft of postal property offenses. Both men entered not guilty pleas during this morning’s proceedings.
Count 1 of the indictment, which was filed on Dec. 19, 2012, charges Torrez and Chavez with conspiracy to commit theft of postal property. Count 2 charges Torrez alone with theft of postal property. At the time of the offenses alleged in the indictment, Chavez was employed as a contract driver by the U.S. Postal Service in Rio Arriba, County.
The indictment alleges that Chavez conspired with Torrez to stage a robbery at a U.S. Post Office in Rio Arriba County. It further alleges that, during the staged robbery on Nov. 19, 2012, Torrez stole $7,651 in postal remittances from the Post Office. According to the indictment, Chavez reported the staged robbery and falsely claimed that he had been assaulted by the “robber,” when in fact no assault or robbery had been committed and, instead, Torrez committed a theft of postal property with Chavez’s assistance.
U.S. Attorney Kenneth J. Gonzales said that Torrez and Chavez were arrested on a criminal complaint on Nov. 27, 2012, after investigation revealed that the Nov. 19, 2012 robbery of the Fairview Station Post Office in Espanola was staged.
If convicted on the conspiracy charge, Torrez and Chavez each face a maximum penalty of three years of imprisonment. Torrez also faces a maximum penalty of three years of imprisonment if convicted on the theft charge. The two men are released on conditions of release and pretrial services supervision pending trial.
The case was investigated by the U.S. Postal Inspection Service with assistance from the Espanola Police Department and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Albuquerque Man to Serve 200 Months in Prison for Federal Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Last week, a federal judge sentenced David Deloss Washburn, 31, of Albuquerque, N.M., to a 200-month term of imprisonment to be followed by five years of supervised release for his conviction on methamphetamine trafficking and firearms charges. Washburn’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.
Washburn was charged with possession of methamphetamine and Ecstasy with intent to distribute; carrying a firearm in relation to a drug trafficking crime; and being a felon in possession of a firearm in an indictment that was filed under seal on Aug. 25, 2010. The indictment alleged that, on May 7, 2010, Washburn possessed distribution amounts of methamphetamine and Ecstasy in Bernalillo County, N.M. It also alleged that, on that same date, Washburn carried a firearm in relation to a drug trafficking crime. On May 7, 2010, Washburn was prohibited from possessing firearms and ammunition because he previously had been convicted of the following felony offenses in the Second Judicial District Court for the State of New Mexico: (1) aggravated fleeing from a law enforcement officer, (2) possession of methamphetamine; and (3) auto burglary.
On Feb. 10, 2011, Washburn was indicted in a separate case and charged with being a felon in possession of a firearm and possession of a firearm with an obliterated serial number. The second indictment alleged that Washburn possessed a firearm with an obliterated serial number in Bernalillo County on Dec. 14, 2010.
The first indictment was unsealed on Feb. 22, 2011, when Washburn was transferred from state custody to federal custody. Washburn has been in federal custody since that time.
On March 14, 2012, Washburn pled guilty to the methamphetamine trafficking and firearms charges in the first indictment and the felon in possession charge in the second indictment under a plea agreement with the U.S. Attorney’s Office.
At his sentencing hearing on Jan. 3, 2013, Washburn was sentenced to 140 months of imprisonment for the methamphetamine trafficking conviction to be followed by a consecutive 60 months of imprisonment for carrying a firearm in relation to a drug trafficking crime, for a total of 200 months of imprisonment. Washburn also was sentenced to 10 years of imprisonment for being a felon in possession, which is to run concurrent to his 200 month prison sentence.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office with assistance from the District Attorney’s Office for the Second Judicial District, and was prosecuted by Assistant U.S. Attorney Linda J. Mott.
The case against Washburn was brought as part of a federal anti-violence initiative that targets Dthe worst of the worstD offenders for federal prosecution under the federal firearms and narcotics laws. Under the initiative, a state-wide, multi-agency effort denominated as the New Mexico Federal Gang Task Force, the U.S. AttorneyDs Office and federal law enforcement agencies work with New MexicoDs District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.