District of New Mexico

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.

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.

• Indictment
  

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.

• Indictment
  

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.

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.

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.

• Criminal Complaint

• Criminal Complaint
  

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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 – 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.