District of New Mexico
Press releases recorded for this federal judicial district.
Man from Hobbs, New Mexico sentenced to eight years in federal prison for drug and firearm possessionRead the Press Release
ALBUQUERQUE, N.M. – Quincy D’own Nash, 42, of Hobbs, New Mexico was sentenced in federal court in Albuquerque on May 27 to eight years in prison for possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm.
Nash pleaded guilty to these offenses on Nov. 5, 2019. In Nash’s plea agreement, he admitted committing these offenses in Lea County, New Mexico on Sept. 17, 2016. Nash was pulled over for a traffic violation, and then investigated for driving under the influence. After Nash was arrested, officers found a bag containing 28 grams of methamphetamine in his pant pocket, and a loaded firearm under the driver seat of the vehicle. Nash intended to distribute the methamphetamine. He knew he could not possess the firearm lawfully because of prior felony convictions.
The Drug Enforcement Administration and Hobbs Police Department investigated the case. Assistant U.S. Attorney Mark A. Saltman prosecuted the case.
Navajo man from Ojo Encino, New Mexico sentenced to life in federal prison for child sexual abuseRead the Press Release
ALBUQUERQUE – Francis Woody, 60, of Ojo Encino, N.M., was sentenced on May 27 in federal court in Albuquerque to life in prison for child sexual abuse in Indian Country.
A jury convicted Woody on Aug. 23, 2019 of two counts of abusive sexual contactand one count of aggravated sexual abuse. According to the evidence at trial and other public court records, Woody committed these offenses on the Navajo Nation in Sandoval County, New Mexico. He sexually abused a child under the age of twelve between March 18, 2015 and Oct. 4, 2016. Woody also abused another child under the age of twelve between May 1, 1999, and Nov. 30, 2002.
The Albuquerque office of the FBI investigated this case. Assistant U.S. Attorneys Raquel Ruiz-Velez and David P. Cowen prosecuted the case.
Man from Albuquerque sentenced to 24 months in federal prison for assaulting federal employeeRead the Press Release
ALBUQUERQUE, N.M. – Ethan Guido, 31, of Albuquerque, New Mexico was sentenced in federal court on May 27 in Albuquerque to 24 months in prison for assault upon a federal employee involving use of a deadly weapon and assault upon a federal employee involving physical contact.
Guido pleaded guilty to these offenses on Aug. 20, 2019. According to Guido’s plea agreement, he walked into a United States Postal Office with returned mail for insufficient postage in Bernalillo County, New Mexico on May 29, 2019. As postal service members attempted to explain the reason for the returned mail, Guido became angry and was asked to leave. Guido then walked up to the postal service member as he walked out of the building and rammed him with his chest, knocking the postal service member to the ground. Guido then proceeded to drive away from the parking lot, reversed his car, hit the postal service member and sped away.
The United States Postal Inspection Service investigated this case. Assistant U.S. Attorneys Eva Mae Fontanez and Niki Tapia-Brito prosecuted the case.
Man from Laguna Pueblo pleads guilty to assault by strangulation in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Patrick Valencia, 50, of Laguna Pueblo, New Mexico pleaded guilty in federal court in Albuquerque on May 26 to assault of an intimate partner by strangulation or suffocation in Indian Country.
A grand jury previously returned an indictment against Valencia on July 9, 2019. According to the indictment and other court records, Valencia allegedly committed this offense in Cibola County on Aug. 5, 2018. Valencia became upset and assaulted the victim by knocking her to the ground, putting his hands around her neck and strangling her. She was later treated for her injuries at the hospital.
Valencia is currently in custody pending sentencing. He has agreed to serve two years in prison under the terms of his plea agreement.
The office of the Bureau of Indian Affairs, Office of Justice Services investigated this case with assistance from the Pueblo of Laguna Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Man from Albuquerque sentenced to 25 months in federal prison for bank fraud, identity theft and harboring a fugitiveRead the Press Release
ALBUQUERQUE, N.M. – Ernie Thomas Ortiz, 46, of Albuquerque, New Mexico was sentenced in federal court in Albuquerque on May 19 to 25 months in prison for bank fraud, aggravated identity theft and harboring a fugitive.
Ortiz pleaded guilty to these offenses on Jan. 10. According to Ortiz’s plea agreement, he bought a truck from an auto dealership in Sandoval County, New Mexico on March 27, 2019. Ortiz impersonated another person in the transaction by using the victim’s name and personal identifying information without permission. Ortiz gave the dealership a check he knew would be used to withdraw funds from the victim’s bank account.
Ortiz also harbored a fugitive in Bernalillo County on April 13, 2019. According to Ortiz’s plea agreement and other public court records, he provided transportation to Jeyden Barnhill to help Barnhill avoid capture by the police. Ortiz provided transportation to Barnhill knowing Barnhill was wanted by the police for robbery. In a separate case, Barnhill pleaded guilty to federal robbery and firearms charges on March 24. Barnhill is facing 20 years in prison under the terms of his plea agreement.
Ortiz must also serve a three-year term of supervised release after completing his sentence.
The FBI investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Paul J. Mysliwiec prosecuted the case.
Previously convicted felon from the Navajo Nation arraigned on federal charge of illegally possessing firearmRead the Press Release
ALBUQUERQUE, N.M. – Carlton Craig Sandoval, 38, of Window Rock, A.Z., appeared in federal court in Albuquerque on May 20 for an arraignment on an indictment charging him with being a felon in possession of a firearm and ammunition in Indian Country.
A federal grand jury returned an indictment on May 12 charging Sandoval with this offense. According to the indictment and other public court records, Sandoval allegedly committed this offense in McKinley County on Jan. 1. That day, police encountered Sandoval after responding to a 911 call from Navajo, New Mexico reporting a fight outside a group of homes. Officers found Sandoval at the scene sitting in the driver’s seat of a vehicle where he allegedly refused to comply with an officer’s questions. Sandoval allegedly grew agitated and refused to comply with officer requests while also making suspicious movements in the vehicle. When another officer arrived at the scene and approached the passenger side of Sandoval’s vehicle, the officer observed an open beer can and a brown rifle with a scope on the front passenger seat. Sandoval was prohibited from possessing firearms at this time based on previous felony convictions.
The FBI arrested Sandoval on March 16, 2020 in Gallup, New Mexico. He faces up to ten years in prison if convicted of the charged offense. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Albuquerque office of the Federal Bureau of Investigation investigated this case with assistance from the Window Rock Police Department. Assistant U.S. Attorney Alexander Flores is prosecuting the case.
Member of the Pueblo of Laguna charged with assault with intent to commit murder and kidnapping in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Duane A. Day, 30, of New Laguna, New Mexico appeared in federal court in Albuquerque on May 20 for arraignment on an indictment charging him with assault with intent to commit murder and kidnapping in Indian Country.
A grand jury indicted Day for the offenses on May 12. According to the indictment, Day committed the crimes on March 24 at a residence in New Laguna, Cibola County, New Mexico. Day allegedly strangled the victim twice, causing her to lose consciousness the second time. Day allegedly threatened the victim’s life during the assault. When the victim attempted to flee and screamed for help, Day threatened her with a metal garden hoe, directed her to move around as he wished, and would not let her leave or call for help. The victim eventually sent a text message to a family member when Day was not looking and asked the family member to call for help. Police arrived a short time later and arrested Day. The victim received treatment for her injuries on the scene and at University of New Mexico Hospital.
The Pueblo of Laguna Public Safety Department arrested Day. He is currently in federal custody pending trial. Day faces up to 20 years in prison if convicted of assault and up to life in prison if convicted of kidnapping. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Albuquerque office of the FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Alexander Flores is prosecuting the case.
Man from To’Hajiilee charged with aggravated assault for beating man with baseball bat in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Luke Avery Platero, 29, appeared in federal court today on a criminal complaint charging him with assault resulting in serious bodily injury in Indian Country.
According to the complaint, Platero committed the offense on May 10 in Cibola County, New Mexico. Platero allegedly threw a rock at the victim hitting the victim in the head. Platero allegedly then struck the victim in the head, arms, and legs with a baseball bat causing a concussion and internal and external bleeding. The victim was rushed to the hospital by ambulance following the assault and needed emergency surgery for his injuries. Both Platero and the victim are members of the Navajo Nation.
Platero is currently out of custody awaiting trial. He faces up to ten years in prison if convicted of the charged offense. Complaints are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Albuquerque office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Frederick Mendenhall is prosecuting the case.
Man from Farmington, New Mexico pleads guilty to firearm possession in federal courtRead the Press Release
ALBUQUERQUE, N.M. – Rafael Almeida, 42, of Farmington, New Mexico, pleaded guilty in federal court in Albuquerque on May 20 to possessing a firearm during a drug trafficking crime.
In Almeida’s plea agreement, he admitted committing this offense in Farmington, New Mexico on Nov. 5, 2019. Almeida possessed bags of methamphetamine while riding in a truck to a hotel. Almeida kept the drugs within reach between the passenger seat and center console. The drugs were individually packaged and Almeida intended to sell them. Almeida kept a loaded pistol on top of the drugs for his protection while trafficking these drugs.
Almeida is currently in custody awaiting sentencing. He faces from five years to life in prison for this offense.
The FBI investigated this case with the New Mexico Region II Narcotics Task Force, including members of the Farmington Police Department and San Juan County Sheriff’s Office. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
Man from Ascensión, Mexico faces federal marijuana smuggling chargesRead the Press Release
ALBUQUERQUE, N.M. – Inocente Rivera, 20, of Ascensión, Chihuahua, Mexico appeared in federal court in Las Cruces, New Mexico on May 15 for an initial appearance on a criminal complaint charging him with possession with intent to distribute 164.4 kilograms of marijuana.
According to the criminal complaint, Rivera allegedly committed the offense in Luna County, New Mexico on May 12. He tried to enter the United States at the port of entry in Columbus, New Mexico allegedly with 305 wrapped bundles of marijuana hidden in the cargo bed of the vehicle he was driving. Rivera allegedly intended to distribute the smuggled marijuana in the United States. U.S. Customs and Border Protection officers inspected the vehicle and located the hidden contraband, according to the complaint.
Rivera is currently in custody pending a detention hearing on May 19. He faces up to 40 years in prison. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
Homeland Security Investigations and U.S. Customs and Border Protection Office of Field Operations investigated this case. Assistant U.S. Attorney Bradley Bartlett is prosecuting the case.
Man from Albuquerque pleads guilty to posting Facebook messages threatening to kill Governor Michelle Lujan Grisham of New Mexico, law enforcement officers and other government officialsRead the Press Release
ALBUQUERQUE, N.M. – Daniel Logan Mock, 34, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque on May 13 to two counts of transmission of threatening communications in interstate commerce.
In Mock’s plea agreement, he admitted committing these offenses in Bernalillo County, New Mexico on March 2 and March 13. He posted messages on Facebook threatening to kill Governor Michelle Lujan Grisham of New Mexico, law enforcement officers, and other government officials.
Mock is currently in custody awaiting sentencing. He faces a maximum statutory penalty of up to five years in prison for each offense.
The FBI investigated this case. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
U.S. Department of Justice awards City of Albuquerque $9.7 million to support local efforts to combat violent crimeRead the Press Release
ALBUQUERQUE, N.M. – The Justice Department announces that the Office of Community Oriented Policing Services (COPS Office) and the Office of Justice Programs’ Bureau of Justice Assistance have awarded more than $61 million in grant funding to support the Attorney General’s Operation Relentless Pursuit (ORP) initiative. Of that $61 million, the Albuquerque Police Department has been awarded $9.7 to fund salaries and expenses for 40 police officers.
Launched on Dec. 18, 2019, ORP aims to intensify federal law enforcement resources into seven American cities with violent crime levels several times the national average - Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee.
“While violent crime is down across the country as a whole, some communities remain caught in the grips of violent actors,” said Attorney General William P. Barr. “That’s why I launched Operation Relentless Pursuit last December – an initiative to combat violent crime in seven cities where it remains stubbornly high. Today’s grant awards are critical to our mission. We cannot succeed in eradicating crime without resources – the most vital of which are the brave men and women who serve and protect our communities each day. These funds will boost the forces that need them most.”
“This grant to the Albuquerque Police Department demonstrates the Department of Justice’s steadfast commitment to making Albuquerque a safer place to live, work and visit,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “These funds, along with the $1.4 million grant awarded in April to the Bernalillo County Sheriff’s Office, have the potential to dramatically increase our local law enforcement partners’ capabilities in confronting Albuquerque’s most urgent violent crime challenges.”
The COPS Office, through its COPS Hiring Program (CHP), awarded a total of $51 million to be used to hire 214 sworn law enforcement officers for state and local law enforcement task forces. The recipients of the funding will deploy existing veteran officers to task force duties and use the CHP funding to hire new recruits to backfill those positions, as practical. Officers deployed to Operation Relentless Pursuit task forces as a result of CHP funding must be sworn, career law enforcement officers of the awarded agency, and their work on the task force must benefit their jurisdiction. In addition, they are required to work with their respective U.S. Attorney’s Office (USAO) and relevant federal agencies to investigate and prosecute suspects involved in gangs, drug trafficking, and other violent crime– related issues.
“Successful strategies to target and reduce violent crime are extremely resource intensive,” said COPS Office Director Phil Keith. “There is no greater resource than additional men and women on the front lines of relentless fight against gangs, drug traffickers and those that mean harm to our nation’s communities. The funding announced today is greatly needed for the Operation Relentless Pursuit jurisdictions and the COPS Office is honored to dedicate resources for this effort.”
For a breakdown of the awards, please see the attached spreadsheet. For more information on the COPS Hiring Program ORP grants, please visit: https://cops.usdoj.gov/pdf/2020AwardDocs/chp/FY20_Relentless_Pursuit_Fact_Sheet.pdf
The Office of Justice Programs’ Bureau of Justice Assistance (BJA) is making $10 million available to support Operation Relentless Pursuit. BJA funds will support efforts such as the hiring of additional prosecutors, overtime expenses for task force members, multi-agency investigations, mobile data terminals and modern technological platforms, and development of strategic plans to address gaps in combating violent crime.
“The responsibility for fighting crime and violence belongs to agencies at every level of government, and winning that fight turns on our ability to deploy our collective resources wisely and effectively,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are eager to make these funds available so that our federal, state and local partners can continue the vital and noble work of protecting America’s most dangerous communities.”
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Department of Justice awards $6 million grant to New Mexico Department of Public Safety as part of Coronavirus Emergency Supplemental Funding ProgramRead the Press Release
ALBUQUERQUE, N.M. – The United States Department of Justice has awarded $6,059,069 to the New Mexico Department of Public Safety to prevent, prepare for and respond to the coronavirus across the state.
“The COVID-19 pandemic presents many urgent public safety challenges for New Mexico and its citizens,” said U.S. Attorney John C. Anderson. “I am thankful to the Office of Justice Programs for making these grant funds available to our state during these challenging times.”
“As the State Administering Agency we have been working diligently to reach out to all eligible agencies to apply for funding under this grant,” said Mark R. Shea, Secretary of the New Mexico Department of Public Safety. “We anticipate the review and approval of applications will be completed by the end of next week. We look forward to working closely with the Department of Justice and U.S. Attorney Anderson to efficiently distribute these funds to meet the critical needs of New Mexico agencies working to keep their communities safe during the COVID-19 pandemic.”
The Department of Justice’s Bureau of Justice Assistance awarded the grant on May 6. The funds are available for projects and initiatives involving law enforcement and medical personnel, including overtime, equipment, hiring, supplies, training, travel expenses, and addressing medical needs at prisons, jails, and other detention centers. The grant is part of the nationwide Coronavirus Emergency Supplemental Funding Program designed to assist states, local governments, and tribes in managing COVID-19 in their communities.
Statement of U.S. Attorney John C. Anderson on Missing and Murdered American Indians and Alaska Natives Awareness DayRead the Press Release
“The U.S. Attorney’s Office joins President Trump and the Department of Justice in observing Missing and Murdered American Indians and Alaska Natives Awareness Day. Together we remember all of the women and girls tragically lost from our Native communities in New Mexico and across the United States. The President’s proclamation reaffirms the unwavering commitment of federal law enforcement to address the unacceptably high rates of violence against women in Indian Country and our ongoing dedication to justice for these victims and their families.”
Statement from Attorney General William P. Barr: https://www.justice.gov/opa/pr/attorney-general-william-p-barrs-statement-missing-and-murdered-american-indians-and-alaska
Two men, two businesses plead guilty to selling imported Native American-style goods and products in New Mexico in violation of federal Indian Arts and Crafts ActRead the Press Release
ALBUQUERQUE, N.M. – Jawad Khalaf, 72, of Albuquerque, New Mexico, Nashat Khalaf, 73, of Gallup, New Mexico, Sterling Islands, Inc., a wholesale jewelry business in Albuquerque, and Al-Zuni Global Jewelry, Inc., a wholesale jewelry business in Gallup, pleaded guilty in federal court in Albuquerque today to misrepresentation of Indian produced goods and services in an amount greater than $1000 as part of a scheme to import Native American-style jewelry from the Philippines and sell it to customers in the United States as authentic.
A grand jury previously returned an indictment on Dec. 19, 2018, charging these defendants and three other people with conspiracy, smuggling goods into the United States and misrepresentation of Indian produced goods and products. In pleading guilty, the defendants admitted that on Oct. 28, 2015, they displayed and offered for sale miniature canteens at Al-Zuni Global Jewelry in Gallup. These canteens were not actually Indian-produced but could have reasonably been mistaken for authentic Indian-produced canteens.
“These defendants endeavored to cheapen the cultural heritage of Native American artists by passing off imported trinkets as authentic Indian jewelry,” said U.S. Attorney John C. Anderson. “In so doing, they undermined confidence in New Mexico’s vibrant market for traditional Native artwork. The U.S. Attorney’s Office commends the U.S. Fish and Wildlife Service for leading the investigation of this important case and sending a clear message that federal law enforcement will hold those who exploit Indian cultures and traditions accountable for their offenses.”
“The protection of the rich culture, art and heritage of Native Americans is a priority for the U. S. Fish and Wildlife Service," said Edward Grace, Assistant Director of the Office of Law Enforcement. "These guilty pleas should serve as a notice to those individuals and businesses that are selling fraudulent Indian art and craftwork in order to further their illegal businesses. We will continue to vigorously investigate those who unlawfully counterfeit this work and steal Native American culture for their own ill-gotten gains. Thank you to our law enforcement partners at the federal, state, local, and tribal agencies that work with us to conserve, protect, and enhance this tradition for all future generations of Native Americans.”
“Tourism plays a vital role in New Mexico’s economy, and visitors need to have confidence when they take home a treasure from Indian Country that they have purchased authentic Indian art and craftwork,” said Meridith Stanton, Director of the Indian Arts and Crafts Board, U.S. Department of the Interior. The Board by statute is responsible for enforcement of the Indian Arts and Crafts Act, which includes criminal penalties for marketing counterfeit Indian art and craftwork, to protect the economic livelihoods of Indian artists and artisans. “The Board commends our colleagues at the Office of the U.S. Attorney for the District of New Mexico and the U.S. Fish and Wildlife Service’s Office of Law Enforcement for their extraordinary dedication, diligence, and commitment in working with us to combat the sale of counterfeit Indian art.”
“One of our nation’s most precious resources is the art and culture of its Native American tribes,” said James C. Langenberg, Special Agent in Charge of the FBI’s Albuquerque Field Office. “The FBI, which has been working closely with our Indian partners for more than a century, is committed to holding accountable those who would enrich themselves by cheating these communities out of their heritage.”
"Homeland Security Investigations is committed to ensuring that those who attempt to profit from selling merchandise misrepresented as Native American works are prosecuted to the fullest extent of the law,” said Erik P. Breitzke, Acting Special Agent in Charge of HSI El Paso. “In coordination with our law enforcement partners, HSI is resolved to protect the cultural heritage of Native American artists and communities in New Mexico.”
“Our state is so rich in its culture and art and these individuals exploited that beauty,” said Sonya K. Chavez, United States Marshal for the District of New Mexico. “This case is a reflection of how law enforcement agencies, at all levels, have collaboratively prioritized the preservation of our New Mexico Native assets.”
“The Department and our officers are proud to have been a part of this multi-jurisdictional prosecution in support of the diverse cultures found in New Mexico,” said Michael Sloane, Director of the New Mexico Department of Game and Fish. “This investigation is an example of the great work that comes from partnerships. We look forward to continued cooperation that benefits all New Mexicans.”
Jawad Khalaf and Nashat Khalaf face a sentence of up to 12 months in prison under the terms of their plea agreements. The corporate defendants, Sterling Islands, Inc. and Al-Zuni Global Jewelry, Inc., have agreed to serve five-year terms of probation. The defendants have also agreed to pay $300,000 to the Indian Arts and Crafts Board to “promote the economic development of Native Americans and Alaska Natives through the expansion of the Indian arts and crafts market.” The defendants have also agreed to forfeit $288,738.94 seized by investigators in October 2015.
Jawad Khalaf and Nashat Khalaf will remain out of custody pending sentencing. As part of the negotiated disposition of this case, the prosecution agreed to move to dismiss the pending charges against co-defendants, Nader Khalaf, 45, of Albuquerque, and Zaher Mostafa, 52, of Gallup. Another defendant, Taha Shawar, 49, of Breckenridge, Colorado, remains a fugitive.
The Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service led the investigation of this case with assistance from the Albuquerque Division of the FBI, Homeland Security Investigations, the Indian Arts and Crafts Board, the Drug Enforcement Administration, the U.S. Marshals Service, and the New Mexico Department of Game and Fish. Assistant U.S. Attorneys Jonathon M. Gerson, Sean J. Sullivan, Kristopher N. Houghton, and Stephen R. Kotz are prosecuting the case.
Man from Deming, New Mexico faces federal meth trafficking chargeRead the Press Release
ALBUQUERQUE, N.M. – Lorenzo Sanchez, 39, of Deming, New Mexico, appeared in federal court in Las Cruces, New Mexico today for an initial appearance on a criminal complaint charging him with conspiracy and possession with intent to distribute methamphetamine.
According to the criminal complaint, Sanchez allegedly possessed approximately 809 grams of methamphetamine in his vehicle at the time of a traffic stop in Luna County, New Mexico on Aug. 22, 2019. Sanchez also allegedly possessed $5,000 from selling narcotics.
On April 23, special agents from Homeland Security Investigations and other law enforcement agencies tried to arrest Sanchez at a home between Deming and Columbus, New Mexico on an arrest warrant issued in federal court. However, Sanchez barricaded himself inside the home. After a three-hour standoff, Homeland Security Investigations special agents arrested Sanchez without incident.
Sanchez is currently in custody pending a detention hearing on April 30. If convicted, he faces up to life imprisonment for the charged offenses. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
The Homeland Security Investigations and the High Intensity Drug Trafficking Area (HIDTA) Border Drug Task Force investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Mark Saltman is prosecuting this case.
Man from Zuni, New Mexico sentenced to 21 months in federal prison for assaulting his wife in Indian CountryRead the Press Release
ALBUQUERQUE – Ferrigno Yuselew, 37, of Zuni, New Mexico, was sentenced on April 22 in federal court in Santa Fe, New Mexico to 21 months in prison for assault of an intimate partner by strangling or suffocating in Indian Country.
Yuselew pleaded guilty to this offense on Dec. 17, 2019. In his plea agreement, he admitted to committing the offense two years earlier, on Dec. 17, 2015, in McKinley County, New Mexico. Yuselew assaulted his wife at their home within the boundaries of Zuni Pueblo. He put his hands around her neck and choked her until she passed out. Their two children were present at the home when the assault occurred. Yuselew is an enrolled member of the Zuni Pueblo.
The Pueblo of Zuni Tribal Police Department investigated this case. Assistant U.S. Attorney Allison Jaros prosecuted the case.
Statement of U.S. Attorney John C. Anderson on arrests of Susan and William Harris by U.S. Marshals Service in OklahomaRead the Press Release
“In keeping with its highest traditions and revered reputation, by tracking and apprehending these fugitives the United States Marshals service has demonstrated once again that any attempt to flee from justice is a fool’s errand,” said U.S. Attorney Anderson. “Thanks to the dedication of the Marshals Service, these defendants will face sentencing for their crimes, and their victims will be afforded some measure of closure to the lengthy ordeal they have endured. I also thank the Albuquerque and Oklahoma City divisions of the FBI, IRS-Criminal Investigation, the U.S. Attorney’s Office for the Western District of Oklahoma and the Bernalillo County Sheriff’s Office for their assistance in the fugitive investigation.”
For further information on the arrests of Susan and William Harris, contact the U.S. Marshals Service at (505) 346-6400.
Previously convicted felon from Albuquerque faces federal charge of illegally possessing firearms in truckRead the Press Release
ALBUQUERQUE, N.M. – William Westfall, 36, of Albuquerque, New Mexico has been charged in a criminal complaint with being a felon in possession of a firearm. He will make his initial appearance in federal court in Albuquerque on April 16.
According to the complaint, Westfall allegedly committed the offense in Bernalillo County, New Mexico on May 9, 2019. Westfall was allegedly traveling in a truck in Albuquerque with six firearms concealed in the vehicle. Westfall allegedly knew firearms were inside the truck although he was prohibited by federal law from possessing these firearms based on previous felony convictions for aggravated assault and aggravated battery with deadly weapons.
Westfall is currently in custody pending a detention hearing. He faces up to 10 years in prison if convicted. A criminal complaint is only an accusation and a defendant is presumed innocent until proven guilty.
The FBI Violent Crime Task Force (VCTF) investigated this case. The VCTF was created in 2019 with agents and officers from the FBI, New Mexico State Police, Albuquerque Police Department, and Bernalillo County Sheriff's Office, and recently added representatives from the U.S. Drug Enforcement Administration, New Mexico Corrections Department, and Santa Fe Adult Correctional Facility. Assistant U.S. Attorney Letitia Simms is prosecuting the case.
Man from Zuni, New Mexico sentenced to federal prison for methamphetamine possession with intent to distributeRead the Press Release
ALBUQUERQUE, N.M. – Cody Laweka, 29, of Zuni, New Mexico was sentenced in federal court in Albuquerque today to four years in prison for possession with the intent to distribute 10 pounds of methamphetamine.
Laweka previously pleaded guilty to this offense on Jan. 15. According to his plea agreement, Laweka planned to sell 10 pounds of methamphetamine on July 17, 2019. He went to a parking lot in Albuquerque expecting to meet the customer. Laweka kept the methamphetamine he intended to sell in a hotel room nearby. He was going to retrieve it after collecting payment of $28,000 from the customer. However, the customer was actually an undercover federal agent who arrested Laweka before completing the transaction.
The Drug Enforcement Administration investigated this case. Assistant U.S. Attorney Robert I. Goldaris prosecuted the case.
Man from Albuquerque faces federal firearm and ammunition possession chargesRead the Press Release
ALBUQUERQUE, N.M. - Isaiah Matthew Chavez, 29, of Albuquerque, New Mexico has been charged in a criminal complaint with possession of a firearm and ammunition by a person under indictment. Chavez will make his initial appearance in federal court on April 16.
According to the complaint, Chavez allegedly possessed two pistols and ammunition in a bedroom closet at his home in Albuquerque when law enforcement agents searched the location pursuant to a search warrant on April 15. Chavez is forbidden by federal law from possessing these items because he is under indictment in New Mexico state court for aggravated assault on a peace officer with a deadly weapon, resisting, evading, or obstructing an officer, and reckless driving.
Chavez is currently in custody pending a detention hearing. He faces up to 10 years in prison if convicted. A criminal complaint is only an accusation and a defendant is presumed innocent until proven guilty.
The FBI Violent Crime Task Force (VCTF) investigated this case. The VCTF was created in 2019 with agents and officers from the FBI, New Mexico State Police, Albuquerque Police Department, and Bernalillo County Sheriff's Office, and recently added representatives from the U.S. Drug Enforcement Administration, New Mexico Corrections Department, and Santa Fe Adult Correctional Facility. Assistant U.S. Attorney Letitia Simms is prosecuting the case.
Larry Mitchell Hopkins sentenced to 21 months in federal prison for illegal firearm possession in New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Larry Mitchell Hopkins, who is also known as Johnny Horton Jr., 70, of Flora Vista, New Mexico, was sentenced in federal court in Albuquerque today to 21 months in prison for being a felon in possession of a firearm.
Hopkins previously pleaded guilty to this offense on Jan. 2. In his plea agreement, Hopkins admitted committing this offense in San Juan County, New Mexico by possessing nine pistols, rifles, and shotguns on Nov. 28, 2017. Hopkins also admitted possessing ammunition after being previously convicted of felony offenses in Michigan, Oregon, and South Dakota, including illegal weapon possession and impersonating a peace officer.
The FBI investigated this case. The Sunland Park Police Department assisted in arresting Hopkins. The U.S. Attorney’s Office for the District of New Mexico prosecuted the case.
Man from Albuquerque faces federal charges for allegedly shooting at cars traveling on and near I-25 through Kewa PuebloRead the Press Release
ALBUQUERQUE, N.M. – Byron Rosetta, 35, of Albuquerque, N.M., made an initial appearance today in federal court in Albuquerque on a criminal complaint charging him with assault with a dangerous weapon and discharging a firearm in the commission of a violent crime in Indian Country.
According to the criminal complaint, Rosetta, an Indian, allegedly committed the offense on the Kewa Pueblo (formerly known as the Santo Domingo Pueblo) in Sandoval County on April 5. The incident happened on State Road 22 near mile marker 2.5. Rosetta was driving a dark sedan when he passed and shot at a passing vehicle, narrowly missing the unsuspecting driver. Rosetta used a shotgun and shot birdshot pellets into the driver’s vehicle. The pellets damaged the vehicle coming very close to injuring the driver.
The criminal complaint also alleges that between February 3 and April 4 Rosetta shot at several other drivers near I-25 from his vehicle and from the roadside. Rosetta used various firearms, including a .38 caliber pistol. Several victims suffered injuries and damage to their windshields and other parts of their vehicles.
The New Mexico State Police and FBI identified Rosetta as a primary suspect, conducted surveillance, and the FBI arrested him in Albuquerque on April 11. Rosetta is currently in custody pending a detention hearing. He faces up to 10 years in prison if convicted of assault. He faces a consecutive sentence from 10 years to life in prison if convicted of discharging a firearm. A criminal complaints is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Albuquerque office of the FBI investigated this case with assistance from the New Mexico State Police, the Sandoval County Sheriff’s Office, the Bureau of Indian Affairs, and the Drug Enforcement Administration. Assistant U.S. Attorney David P. Cowen is prosecuting the case.
Man from Mexico pleads guilty to marijuana smuggling charges in New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Franz Thiessen Enns, 56, of Chihuahua, Mexico, pleaded guilty on April 2 in federal court in Las Cruces, New Mexico to importing and possessing marijuana with intent to distribute.
According to his plea agreement and other public court documents, Enns tried to enter the United States from Mexico on January 22 with a load of marijuana hidden in his car. When questioned at the port of entry in Santa Teresa, New Mexico, Enns stated that he was traveling to El Paso, Texas, to go “shopping”. He acknowledged having two bottles of alcohol to declare, but did not mention any other property although he knew he had marijuana in his vehicle. U.S Customs and Border Protection agents later inspected his car and found approximately 57.4 kilograms of marijuana in the gas tank.
Enns is currently in custody awaiting sentencing. He faces up to 20 years in federal prison under the terms of his plea agreement.
Homeland Security Investigations and U.S. Customs and Border Protection investigated this case. Assistant U.S. Attorney Clara N. Cobos is prosecuting the case.
Accountant from Silver City, New Mexico pleads guilty to federal wire fraud and identity theft chargesRead the Press Release
ALBUQUERQUE, N.M. – Thomas Laws, 62, of Silver City, New Mexico pleaded guilty today in federal court in Las Cruces, New Mexico to four counts of wire fraud and one count of aggravated identity theft in a scheme to steal more than $1.5 million from his victims.
According to his plea agreement, Laws worked as a licensed accountant and registered investment advisor in Silver City. He provided accounting, tax preparation and investment services to clients. From 2008 to 2019, Laws engaged in a scheme to obtain money by false pretenses and fraudulent misrepresentations made to clients, lenders, investors and others.
Among other things, Laws lied to two clients to convince them to invest in a real estate development project. Laws fabricated and forged mortgage documents purporting to show that $650,000 these clients invested in the project was secured by a mortgage. In reality, Laws had previously mortgaged the property to other lenders, defaulted, and a court had ordered foreclosure and judicial sale of the property. Rather than developing the real estate, Laws channeled the $650,000 to pay part of a settlement with an earlier victim of his scheme.
Laws also scammed two other investors out of $550,000 that Laws claimed would be used for a mining project. Instead, Laws used the money to pay off earlier victims of his scheme, including partial restitution to a corporation from which he, as the corporation’s chief executive officer, had embezzled more than one million dollars.
As part of his fraudulent scheme, Laws made, or caused others to make, several wire transfers of funds. Laws also used stolen money to pay personal expenses for himself and his family, including credit cards debts, travel, communication and media services, firearms and cash. His scheme caused total financial losses of more than $1.5 million to the victims.
Laws is currently out of custody awaiting sentencing. He faces up to 81 months in prison under the terms of his plea agreement, including a mandatory sentence of 24 months for aggravated identity theft.
The FBI and New Mexico Securities Division investigated this case. Assistant U.S. Attorney Tim S. Vasquez is prosecuting this case.
United States prevails in lawsuit by State of New Mexico and City of Albuquerque challenging Department of Homeland Security’s policies for parole of asylum seekersRead the Press Release
ALBUQUERQUE, N.M. – United States Attorney John C. Anderson announced today that the federal government has prevailed in a lawsuit filed by the State of New Mexico and the City of Albuquerque challenging the practices of the Department of Homeland Security and certain high-ranking federal immigration officials in temporarily paroling aliens seeking asylum in the United States.
United States District Judge James O. Browning dismissed the lawsuit on March 31 after finding DHS fully complied with the law. The court found DHS acted within its power and discretion by paroling aliens in New Mexico and elsewhere without providing them with travel assistance to other parts of the country.
The State of New Mexico and City of Albuquerque previously filed the lawsuit on June 10, 2019. In dismissing the lawsuit, the court found sovereign immunity protected the federal government from liability and the defendants’ claims were not reviewable under the Administrative Procedures Act. The court also found that the federal government’s policies satisfied the Due Process Clause and other constitutional standards.
Assistant U.S. Attorney Manuel Lucero represented the United States in this matter.
Man from Silver City, New Mexico pleads guilty to Murder-for-Hire and Obstruction of JusticeRead the Press Release
ALBUQUERQUE, N.M. – Jacob Grijalva, 30, of Silver City, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico on April 1 to using a cellular telephone in the commission of murder-for-hire and obstruction of justice.
In his plea agreement, Grijalva admitted trying to arrange a murder-for-hire by telephone from Grant County, New Mexico on March 2, 2019. Grijalva admitted that he called a person he believed was a hitman, but the person was actually an undercover federal agent. Grijalva told the agent, “I just need a problem taken care of quick, simple, nothing to trace back to me.” Grijalva asked about a price for the murder. He offered to pay in cash and said he wanted to kill the victim to avoid prosecution for a gun charge. Grijalva also told the undercover agent he wanted the murder to happen when he was in Las Vegas so that he would have an alibi for the crime.
On December 2, 2019, after Grijalva was arrested for murder-for-hire, and while in custody, he solicited somebody else to burn a phone in a grill because he wanted to use photographs of the burned phone at trial, as evidence of his lack of intent to go through with the murder.
Grijalva is currently in custody awaiting sentencing. Under the terms of the plea agreement, he faces nine years in custody.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations investigated this case with the Grant County Sheriff’s Office, the Silver City Police Department and the Grant County District Attorney’s Office. Assistant United States Attorneys Mark A. Saltman and Taylor Hartstein of the Las Cruces Branch Office are prosecuting this case.
Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address COVID-19 PandemicRead the Press Release
(Albuquerque) – U.S. Attorney John C. Anderson today announced that over $9 million in grant funding has been allocated to New Mexico public safety agencies to help them address the COVID-19 pandemic. The announcement was part of the Department of Justice making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The Department of Justice will move quickly to make awards once applications are submitted, with the goal of having funds available for drawdown within days of the award.
“The Department of Justice is fully committed to supporting our public servants who stand on the front-lines in our collective fight against COVID-19” said U.S. Attorney John C. Anderson. “This includes ensuring that they have the resources necessary both to protect themselves and to effectively aid the public. The Coronavirus Emergency Supplement funding will help our state and local public safety agencies to purchase essential equipment and hire the personnel they need to address this public health emergency.”
“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”
The solicitation, posted by the Bureau of Justice Assistance (BJA) in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received.
Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
The New Mexico Department of Public Safety will receive funds to respond to state needs. New Mexico’s allocation as well as other state/territory allocations can be found at:
https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fy20-cesf-state-allocations.pdf.
In addition to the state’s allocation, New Mexico agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are also eligible to apply to BJA for additional emergency funding. A complete list of eligible jurisdictions in and the amount of money they can apply for can be found by going to:
https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fy20-cesf-allocations-nm.pdf.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit:
https://bja.ojp.gov/funding/opportunities/bja-2020-18553.
Questions for the New Mexico Department of Public Safety can be sent to [email protected] or visit:
https://www.ojp.gov/funding/state-administering-agencies/new-mexico-state-administering-agencies
For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at:
www.Justice.gov/Celebrating150Years.
Man from Navajo Nation charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Joshua Gutierrez, 21, of To’Hajilee, Mexico appeared in federal court in Albuquerque on March 31 for an initial appearance on a criminal complaint charging him with murder in Indian Country.
According to the complaint, Gutierrez committed the offense on March 29 in To’Hajilee, New Mexico on the Navajo Nation. Gutierrez allegedly shot the victim in the chest with a pistol. The victim later died from his injuries. The FBI arrested Gutierrez at his home later in the day. He is currently in custody pending a detention hearing scheduled for April 2. A complaint is only an accusation. A defendant is presumed innocent until proven guilty.
The FBI investigated this case with the assistance of the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Department of Justice awards $1.4 million grant to Bernalillo County Sheriff’s OfficeRead the Press Release
ALBUQUERQUE, N.M. – The Department of Justice has awarded a $1.4 million grant to the Bernalillo County Sheriff’s Office (BCSO) as part of Operation Relentless Pursuit, a public safety initiative launched by Attorney General William P. Barr in December 2019 to combat the high rate of violent crime in Albuquerque and six other major U.S. cities.
“As we work together to drive down the violent crime rate in Albuquerque, our local law enforcement partners must have the best training and equipment to meet this challenge,” said U.S. Attorney John C. Anderson of the District of New Mexico. “We are thankful to Attorney General Barr and the Department of Justice for providing the Bernalillo County Sheriff’s Office with these essential resources at a time when they are most urgently needed. We look forward to partnering with them in this effort.”
“I am extremely grateful to the Attorney General, U.S. Attorney and the Department of Justice for their trust and support of BCSO as we continue to combat Albuquerque’s out of control crime crisis,” said Bernalillo County Sheriff Manuel Gonzales III. “As Sheriff, I am focused on doing what it takes to keep our children, families and businesses safe from career criminals and gun violence in Albuquerque, and now we have the desperately needed resources to do so thanks to the federal government. With the support of the Department of Justice, we will continue to clean up the streets of Albuquerque.”
The FBI, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Marshals Service are leading Operation Relentless Pursuit in close coordination with their state and local partners in Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee. The primary focus of Operation Relentless Pursuit is federal partnership with state and local law enforcement to reduce violent crime in Albuquerque and the other six cities by building federal cases against the most violent criminals and organizations for prosecution by U.S. Attorneys’ Offices.
The Department of Justice’s commitment to Operation Relentless Pursuit includes an increase in federal agents to these seven cities complemented by a financial commitment of up to $71 million in federal grant funding to hire new officers, pay overtime and benefits, finance federally deputized task force officers, and provide mission-critical equipment and technology. BCSO intends to use the specific funding from this grant to provide advanced training for task force officers, acquire marked and unmarked vehicles for surveillance, and purchase equipment to reduce violent crime.
Member of the Mescalero Apache Tribe pleads guilty to federal charge of assault by stranglingRead the Press Release
ALBUQUERQUE, N.M. – Stephen C. Waites Jr., 32, of Mescalero, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico on March 24 to assault on an intimate partner by strangling.
A grand jury previously indicted Waites for this offense on Aug. 28, 2018. In his plea agreement, Waites admitted punching and strangling his girlfriend at their home on the Mescalero Apache Reservation in Indian Country on July 26, 2018. Both Waites and the victim are enrolled members of the Mescalero Apache Tribe.
Waites is currently in custody awaiting sentencing. He faces a sentence of 37 up to 10 years in prison.
The FBI and the Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.
Woman from Deming, New Mexico charged with marijuana smugglingRead the Press Release
ALBUQUERQUE, N.M. – Nancy Edith Duarte-Lujan, 39, of Deming, New Mexico, appeared in federal court in Las Cruces, New Mexico today for an initial appearance on a criminal complaint charging her with conspiracy and possession with intent to distribute marijuana.
According to the criminal complaint, Duarte-Lujan allegedly tried to enter the United States on March 23 at the port of entry in Columbus, New Mexico with a large quantity of marijuana concealed in the spare tire, fenders, back seat and tailgate of the truck she was driving. U.S. Customs and Border Protection arrested Duarte-Lujan following an inspection of her vehicle.
Duarte-Lujan is currently in custody pending a detention hearing on March 30. She faces up to 20 years in prison if convicted of the charged offenses. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
Homeland Security Investigations and U.S. Customs and Border Protection investigated this case. Assistant U.S. Attorney Brad Bartlett is prosecuting the case.
Mexican National faces federal marijuana smuggling charges in New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Jose Angel Frias-Mendoza, 45, of Chihuahua City, Mexico appeared in federal court in Las Cruces, New Mexico on March 23 for an initial appearance on a criminal complaint charging him with possession with intent to distribute and importation of marijuana.
According to the criminal complaint, Frias-Mendoza allegedly tried to enter the United States on March 20 at the port of entry in Santa Teresa, New Mexico with 88 bundles (approximately 67.5 pounds) of marijuana hidden in the dashboard, roof, and fuel tank of the vehicle he was driving. U.S. Customs and Border Protection officers inspected the vehicle and located the hidden contraband, according to the complaint.
Frias-Mendoza is currently in custody pending a detention hearing on March 26. He faces up to five years in prison for possession with intent to distribute marijuana and five years in prison for importation of marijuana. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
Homeland Security Investigations and U.S. Customs and Border Protection investigated this case. Assistant U.S. Attorney Dustin C. Segovia is prosecuting the case.
Man from Silver City, New Mexico pleads guilty to federal child pornography chargeRead the Press Release
ALBUQUERQUE, N.M. – Ruben Joseph Castillo, 49, of Silver City, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico today to production of visual depictions of minors engaging in sexually explicit conduct.
According to Castillo’s plea agreement, he admitted searching for underage girls and contacting them on social media. Castillo admitted meeting with a victim on July 21, 2019, and taking photos with his mobile phone camera of the minor victim engaging in sexually explicit conduct.
Castillo is currently in custody awaiting sentencing. He faces from 15 to 30 years in prison.
Homeland Security Investigations and the Silver City Police Department investigated this case. Assistant U.S. Attorneys Marisa A. Ong and Ry Ellison are prosecuting the case.
Man from Albuquerque pleads guilty to three armed robberies of local businessesRead the Press Release
ALBUQUERQUE, N.M. – Jared Barnhill, 29, of Albuquerque, New Mexico pleaded guilty in federal court today to three counts of interference with interstate commerce by robbery and violence and two counts of using, carrying, or possessing a firearm during a crime of violence.
In Barnhill’s plea agreement, he admitted committing three armed robberies of businesses in Albuquerque. On June 28, 2018, Barnhill robbed a gas station convenience store. He entered the store, brandished a gun, and demanded money and merchandise from an employee. Barnhill obtained around $30 in cash and $3000 in store merchandise during the robbery. Barnhill robbed another business on July 3, 2018. This time he obtained around $200 in cash and $13,500 in merchandise. On July 5, 2018, Barnhill robbed a third business, obtaining over $900 in cash and $11,000 worth of merchandise.
Jared Barnhill is currently in custody awaiting sentencing. He has agreed to serve 18 years in prison under the terms of his plea agreement.
A co-defendant in the case, Jeyden Barnhill, pleaded guilty to Oct. 24, 2019, to interference with interstate commerce by robbery and violence. Jeyden Barnhill was sentenced to 46 months in prison. Another co-defendant, Samuel Perez, is scheduled to go to trial on April 6. Charges in an indictment are only accusations. A defendant is presumed innocent until proven guilty.
The FBI investigated this case with the Albuquerque Police Department. Special Assistant U.S. Attorney (SAUSA) Thomas A. Outler as part of Project Safe Neighborhoods, a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
U.S. Attorney John C. Anderson urges the public to report suspected COVID-19 fraudRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson of the District of New Mexico today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by contacting the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or the NCDF e-mail address [email protected].
“As communities throughout our country and New Mexico work together in unprecedented ways to meet the challenges of the COVID-19 public health crisis, the public should be alert that, regrettably, there are also a few criminally-minded individuals who view this crisis as an opportunity for profit. The U.S. Attorney’s Office urges New Mexicans to be vigilant and report any suspicious activity that they think might be a COVID-19-related fraud scheme. And those who would seek to profit from this crisis by defrauding members of the public should be on notice that federal authorities are ready to aggressively prosecute such crimes to the full extent of the law.”
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes. Some examples of these schemes include:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General
Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The District of New Mexico Coronavirus Fraud Coordinator is AUSA Nicholas J. Ganjei.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
Man from Albuquerque faces federal charges for allegedly posting Facebook messages threatening to kill the Governor of New Mexico and law enforcement officersRead the Press Release
ALBUQUERQUE, N.M. – Daniel Mock, 33, of Albuquerque, New Mexico appeared in federal court in Albuquerque today for an initial appearance on a criminal complaint charging him with posting messages on Facebook threatening to kill the Governor of New Mexico, Michelle Lujan Grisham, and law enforcement officers, in violation of federal law.
The criminal complaint charges Mock with allegedly transmitting threatening communications in interstate or foreign commerce. According to the complaint, Mock allegedly posted threatening messages to the governor’s Facebook page on Mar. 2 and Mar. 13.
Mock is currently in custody pending a detention hearing on Friday. He faces up to five years in prison if convicted of this offense. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI investigated this case with the U.S. Marshals Service, the New Mexico State Police, and the Albuquerque Police Department. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
daniel_mock_comp_cmecf.pdfMan from Las Cruces, New Mexico pleads guilty to federal child pornography chargeRead the Press Release
ALBUQUERQUE, N.M. – Armando Gonzalez, 38, of Las Cruces, New Mexico pleaded guilty in federal court in Las Cruces on Mar. 17 to production of a visual depiction of a minor engaging in sexually explicit conduct.
According to Gonzalez’s plea agreement, he admitted producing a video on his mobile phone on Jun. 3, 2019, showing sexually explicit conduct involving a child. Gonzalez also admitted sending the video to another person by social media.
Gonzalez is currently in custody awaiting sentencing. He faces from 15 to 30 years in prison for this offense.
Homeland Security Investigations, the Las Cruces Police Department, and New Mexico State Police investigated this case. Assistant U.S Attorney Marisa A. Ong is prosecuting the case.
Man from Albuquerque pleads guilty to federal sex trafficking chargeRead the Press Release
Albuquerque, N.M. – Cornelius Galloway, 37, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque today to conspiracy to commit sex trafficking.
In Galloway’s plea agreement, he admitted participating in a sex trafficking ring in Bernalillo County from Oct. 2016 to Feb. 2017. Galloway and other members of the ring operated a prostitution service in which they used force, threats, fraud and coercion to compel women to engage in sex for money. Galloway admitted the members of the ring advertised prostitutes online, rented hotel rooms for prostitution, and arranged appointments with clients by phone. They did not allow the victims any say about hours, fees, or locations, and forced them to turn over all the money they received from customers.
Galloway is in custody awaiting sentencing. He agreed to serve 17 years in prison under the terms of his plea agreement. Co-defendant Danielle Galloway pleaded guilty Apr. 8, 2019 to conspiracy to commit sex trafficking. She is currently awaiting sentencing.
Two other co-defendants in the case, Marcus Taylor, 35, and Matthew Woods, 31, of Albuquerque, are in custody and scheduled for trial on August 10. An indictment is only an accusation. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Homeland Security Investigations investigated this case with the Albuquerque Police Department. Assistant U.S. Attorneys Letitia Carroll Simms and Jack E. Burkhead are prosecuting the case.
Airman from KirtlandAir Force Base arrested for alleged illegal possession of firearm silencerRead the Press Release
ALBUQUERQUE, N.M. – Charles Brent Justice, 27, a military member assigned to Kirtland Air Force Base, New Mexico made an initial appearance in federal court in Albuquerque today on a charge of possession of a firearm silencer in violation of federal law.
According to a criminal complaint, Justice allegedly purchased the firearm silencer over the internet from China. Agents from U.S. Customs and Border Protection intercepted the device while in transit through the mail. Justice allegedly did not have the required tax stamp or proper authority to possess and transport weapons under the National Firearms Act. According to the criminal complaint, Justice also previously received shipments of other illegal devices from China. Justice allegedly received a “butt-stock” designed to convert a pistol into a short-barreled rifle and an “auto-sear” designed to allow a pistol to function as a machine gun.
Justice is currently in custody awaiting a detention hearing scheduled for Mar. 18. He faces up to 10 years in prison if convicted of the charged offense. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Department of the Air Force, Office of Special Investigations. Assistant U.S. Attorney Jon K. Stanford is prosecuting the case.
Man from Oklahoma faces federal bank robbery chargeRead the Press Release
ALBUQUERQUE, N.M. – Randy Matthew Peraza, 47, of Oklahoma City, Oklahoma appeared in federal court in Roswell, New Mexico today for an initial appearance on a criminal complaint charging him with bank robbery.
According to the criminal complaint, Peraza allegedly robbed a bank in Roswell on Mar. 13. He allegedly went inside the bank, announced the robbery, and demanded money. A teller handed over cash. Peraza allegedly left the bank, walked across the street, and sat in the grass where police arrested him a short time later. There were no injuries.
Peraza is currently in custody awaiting a detention hearing. He faces up to 20 years in prison if convicted. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
The FBI investigated this case with the Roswell Police Department. Assistant U.S. Attorney Jacob Wishard is prosecuting the case.
Man from Albuquerque charged with assault on a federal officer with a deadly weaponRead the Press Release
ALBUQUERQUE, N.M. – Daniel Montoya, 31, of Albuquerque, appeared in federal court in Albuquerque on Feb. 26 for a detention hearing on a criminal complaint charging him with assault on a federal officer with a deadly weapon and use of a firearm in a crime of violence.
According to the criminal complaint, police officers approached Montoya as he walked down the street in Albuquerque on Jan. 23. The officers wanted to take Montoya into custody for his suspected involvement in a shooting earlier that day. Montoya allegedly resisted the officers’ commands, pointed a pistol at two federal officers, and fired shots in their direction. An officer returned fire. Montoya then fled the area on foot while shooting more rounds at the officers chasing him. A team of other officers responded to the area and eventually apprehended Montoya, who was shot in the neck during the incident.
Montoya is currently in custody awaiting trial. He faces up to 20 years in prison for assault on a federal officer and a consecutive sentence of 10 years to life in prison for using a firearm during a crime of violence. Charges in criminal complaints are merely accusations. A defendant is presumed innocent unless found guilty beyond a reasonable doubt.
The FBI investigated this case jointly with the Albuquerque Police Department as part of Operation Relentless Pursuit, a Department of Justice initiative aimed at combating violent crime in seven of America’s most violent cities, including Albuquerque, through a stream of federal resources. Assistant U.S Attorneys Jon K. Stanford and Alexander M. Uballez are prosecuting the case.
Federal Jury in New Mexico convicts man from Minnesota of falsely impersonating Border Patrol agent at Southwest borderRead the Press Release
ALBUQUERQUE, N.M. – A federal jury in Las Cruces, New Mexico returned a guilty verdict on Mar. 3 convicting James Christopher Benvie, 45, of Albany, Minnesota, of two counts of false personation of a Border Patrol agent.
According to public court records and evidence at trial, Benvie was a leader and spokesperson for a group of vigilantes who established a “camp” at the Southwest border in Doña Ana County, New Mexico. Many members of the group wore badges, camouflage and other military-style clothing, often covered their faces with masks, and carried pistols and assault rifles. Benvie misrepresented himself as a Border Patrol Agent when stopping immigrants he suspected of crossing into the United States illegally.
“The jury’s verdict in this case affirms the principle that we are a nation of laws and do not tolerate vigilantes who take the law into their own hands by falsely impersonating Border Patrol agents,” said John C. Anderson, U.S. Attorney for the District of New Mexico.
“The men and women who earned the right to wear the badge of a Border Patrol agent put their lives on the line every day,” said James C. Langenberg, Special Agent in Charge of the FBI’s Albuquerque Division. “The FBI is proud to have worked on this case with these brave agents and will never let their honor be stolen by pretenders who scoff at the rule of law.”
The evidence at trial showed Benvie and other group members stopped six women and children from El Salvador on Apr. 15, 2019, without any legitimate law enforcement authority. Benvie misrepresented himself as a Border Patrol agent and interrogated the immigrants before turning them over to actual Border Patrol agents. On Apr. 17, 2019, Benvie stopped four adults and three children shortly after they crossed the border. Benvie ordered these immigrants to “stop” while misrepresenting himself as “Border Patrol.” Benvie later directed these immigrants to move toward the truck of another member of the group for further interrogation before eventually turning them over to Border Patrol.
Benvie is currently out of custody awaiting sentencing. He faces up to three years in prison for each offense.
The FBI and U.S. Border Patrol investigated this case. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Part-owner and chief financial officer of Ayudando Guardians sentenced to 20 years in prison for $11 million financial fraud schemeRead the Press Release
ALBUQUERQUE, N.M. – A federal judge in Santa Fe, New Mexico sentenced Sharon A. Moore, 64, of Albuquerque to 20 years in federal prison on March 2 for conspiracy and other financial crimes committed in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation based in Albuquerque that previously provided guardianship, conservatorship, and financial management to hundreds of people with special needs. Meanwhile, the judge issued bench warrants for Susan K. Harris, 73, and William S. Harris, 58, of Albuquerque after they failed to appear with Moore for their scheduled sentencing hearing.
U.S. District Judge Martha Vázquez sentenced Moore to a term of 240 months in prison followed by a 3-year term of supervised release. Judge Vazquez also ordered Moore to pay the entire amount of stolen funds as restitution to the victims.
Moore pleaded guilty on July 9, 2019, and Susan Harris pleaded guilty on July 11, 2019. In their plea agreements, Harris and Moore admitted to conspiracy, mail fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering. Susan Harris was the 95% owner of Ayudando and acted as president; Moore was a 5% owner and acted as chief financial officer of Ayudando. They engaged in a decade-long pattern of sophisticated criminal conduct from November 2006 to July 2017. This included unlawfully transferring money from client accounts to a comingled account without any client-based justification as part of the fraud scheme and money laundering conspiracy. Susan Harris and Sharon Moore wrote and endorsed numerous checks, often of more than $10,000, from these comingled accounts to themselves, family members, cash, and other parties where payment would benefit their families. The stolen funds were used to fund a luxury lifestyle and were used to purchase homes, vehicles, luxury RVs and cruises, as well as a private box at “the Pit” at the University of New Mexico. The stolen funds were also utilized to pay off more than $4.4 million in American Express charges incurred by the defendants and their families.
In order to conceal the fraud scheme, Moore created and sent forged and fraudulent reports to the Veterans Administration for fiduciary clients. She falsified bank statements and annual reports to disguise the theft of money from client accounts. Susan Harris also took acts to maintain Ayudando’s appearance of legitimacy, including submitting a proposal to the New Mexico Office of Guardianship which contained numerous false representations, including a false claim that another defendant was a nationally certified guardian at the time of the submission.
William Harris pleaded guilty on June 25, 2019. In his plea agreement, he admitted to acting in concert with his co-defendants to cheat the United States government out of money and property. William Harris admitted that he knew that Moore was siphoning payments to clients from the Department of Veterans Affairs and Social Security Administration and using the money to benefit herself, Susan Harris, and their co-conspirators. William Harris specifically admitted receiving, endorsing, and depositing dozens of checks drawn on Ayudando accounts for his own personal benefit.
William Harris also admitted to his involvement in a money laundering scheme. He acknowledged using an Ayudando corporate credit card for personal expenses, knowing that it would be paid for with client money. He admitted his role in a loan application for the stated purpose of expanding the Ayudando business with the actual intent of using the money to “pay back” clients whose money they took without authorization.
The Complex Assets Unit of the U.S. Marshals Service is continuing to work to locate assets and funds that can be seized and returned to victims through the forfeiture and restitution process. Additionally, the VA and SSA are working to provide reimbursement of stolen government benefits to those Ayudando clients that received benefits from those agencies, consistent with federal law and regulations.
Fugitives: Photos of the fugitives, Susan K. Harris and William S. Harris, are attached to this press release. Individuals with information about the whereabouts of Susan K. Harris and William S. Harris should contact the U.S. Marshals Service at (505) 462-2300.
A fourth defendant, Craig M. Young, who is the son of Susan and William Harris, pleaded guilty on November 12, 2019, to conspiracy and conspiracy to commit money laundering. He is currently out of custody awaiting sentencing at a future date. In light of Susan and William Harris’ fugitive status, Judge Vázquez added electronic monitoring to Craig Young’s conditions of release.
The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation. The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the Department of Veterans Affairs Office of Inspector General, and the Dallas Field Division of the Social Security Administration Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.
Member of Navajo Nation sentenced to probation for unlawfully shooting elk in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Calvin Toledo, 49, of Cuba, New Mexico pleaded guilty in federal court in Albuquerque today to unlawful taking and transporting wildlife in violation of Indian tribal law. He was sentenced to one year of probation.
According to his plea agreement, Toledo, an enrolled member of the Navajo Nation, admitted to hunting without a permit within the exterior boundaries of the Navajo Nation on Feb. 1, 2016. Toledo admitted to shooting and killing an elk and moving it from one location to another despite not having a permit from the Navajo Nation Department of Fish and Wildlife. Toledo admitted knowing his conduct violated the federal Lacey Act and Indian Tribal law.
The U.S Fish and Wildlife Service investigated this case with assistance from Navajo Nation and the New Mexico Department of Game and Fish. Assistant U.S. Attorney David P. Cowen prosecuted the case.
Member of Navajo Nation pleads guilty to federal charge of assault causing serious bodily injury in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Frank Howe Jr., 24, of Rock Springs, New Mexico pleaded guilty on Feb. 28 in federal court in Albuquerque to assault resulting in serious bodily injury.
According to public court documents, a grand jury indicted Howe, Jr. on Dec. 4, 2018. According to his plea agreement, Howe, an enrolled member of the Navajo Nation, admitted to physically assaulting his girlfriend in Indian Country on May 7, 2018. He was driving his vehicle when he got into an argument with the victim. Howe pulled his vehicle over and assaulted the victim causing serious bodily injury.
Howe is currently in custody awaiting sentencing. He faces up to 10 years in prison.
The Navajo Nation Police Department and the Navajo Nation Division of Public Safety-Criminal Investigations services investigated this case with the assistance from the McKinley County Sheriff’s Office. Assistant U.S. Attorney David P. Cowen is prosecuting the case.
Six defendants charged in conspiracy to distribute crack cocaine in Northern New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Jose Mendoza, 32, and Natalie Mendoza, 35, of Medanales, New Mexico, Ryan Rodriguez, 27, of Chamita, New Mexico, Andrea Rodriguez, 28, and Edvardo Carlson, 39, of Espanola, New Mexico, and Bridget Archuleta, 31, of San Juan Pueblo, New Mexico appeared in federal court today for arraignment on an indictment charging them with various drug trafficking offenses involving crack cocaine (cocaine base) in Rio Arriba County, New Mexico from Oct. 2, 2019, to Feb. 25, 2020.
A grand jury returned an indictment against the defendants on Feb. 25. Federal agents arrested them on Feb. 27 with assistance from state and local law enforcement. According to public court records, Jose Mendoza, and his wife, Natalie Mendoza, allegedly were high-level suppliers of cocaine in the Espanola Valley of New Mexico. Natalie Mendoza allegedly kept records of drug sales and collected proceeds from drug transactions. Ryan Rodriguez allegedly acted as a mid-level cocaine distributor. He allegedly received supplies of cocaine from Jose and Natalie Mendoza, converted it to crack cocaine, and distributed it by the ounce to customers, including an undercover agent posing as a lower level drug trafficker.
Ryan Rodriguez’s girlfriend, Bridget Archuleta allegedly participated in drug sales with Rodriguez. Ryan Rodriguez’s sister, Andrea Rodriguez, allegedly delivered drugs to customers on Ryan Rodriguez’s behalf. Edvardo Carlson allegedly conducted drug transactions at Ryan Rodriguez’s direction. The defendants allegedly communicated extensively by telephone and text message about their drug trafficking business. According to court records, Jose Mendoza and Natalie Mendoza also laundered proceeds from their drug trafficking by making large cash payments on auto loans and large cash deposits into accounts at credit unions.
Summary of the Charges
Count 1 of the indictment charges all six defendants with conspiracy to distribute cocaine base. The maximum penalty on conviction varies for each defendant.
Counts 2, 5, 7, 9, and 11 charge certain defendants with use of a telephone to facilitate a drug trafficking offense. The maximum penalty on conviction is up to four years in prison.
Count 3 of the indictment charges certain defendants with distribution of cocaine base. The maximum penalty on conviction is up to 20 years in prison.
Counts 4, 6, 8, and 10 of the indictment charge certain defendants with distribution of 28 grams or more of cocaine base. The maximum penalty on conviction is from five to 40 years in prison.
Count 12 of the indictment charges certain defendants with possession with intent to distribute 280 grams or more of cocaine base. The maximum penalty on conviction is 10 years to life in prison.
Charges Against Defendants
Jose Mendoza is charged in Counts 1, 2, 9, 10, 11, and 12. He was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.
Natalie Mendoza is charged in Counts 1, 2, 5, 7, 9, 10, and 12. She was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.
Ryan Rodriguez is charged in all 12 counts of the indictment. He was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.
Andrea Rodriguez is charged in Counts 1 and 3. She was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.
Edvardo Carlson is charged in Counts 1, 6, 7, and 8. He was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.
Bridget Archuleta is charged in Counts 1, 4, 11, and 12. She was arrested on Feb. 27 and is in custody pending a detention hearing later today.
An indictment is only an accusation. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
This indictment is the product of a joint federal investigation by Homeland Security Investigations and the Drug Enforcement Administration with assistance from the High Intensity Drug Trafficking Area (HIDTA) Region III Narcotics Task Force which includes members of the BIA, New Mexico State Police, the Santa Fe Police Department, the Santa Fe County Sheriff and the Taos Police Department. Assistant U.S. Attorneys Peter Eicker and Matthew Nelson are prosecuting the case as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Previously convicted sex offender from Las Cruces faces federal child pornography and kidnapping charges in New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Clarence Ransom, 52, of Las Cruces, New Mexico, appeared in federal court in Las Cruces today for arraignment on charges of attempted coercion and enticement of a minor, attempted production of child pornography, solicitation of child pornography, committing a federal offense as a registered sex offender, international parental kidnapping, and failure to report international travel as a sex offender.
A grand jury returned an indictment against Ransom on Jan. 15 charging these offenses. The indictment accuses Ransom of attempting to coerce and entice a child under the age of 18 to engage in sexual activity in Doña Ana County, New Mexico between May 16, 2019 and May 25, 2019. The indictment also accuses Ransom of attempting to produce child pornography with the child.
According to a criminal complaint, Ransom was previously convicted in 1991 of engaging in unlawful sexual acts with a minor. He is required to register as a sex offender and must notify authorities in advance before traveling internationally. Ransom allegedly kidnapped two victims, who are his children, by taking them to Mexico when they should have been in their mother’s custody and without approval to travel outside the United States.
Mexican law enforcement arrested Ransom on Dec. 1, 2019 and later turned him over to U.S. authorities at the border. Ransom made an initial appearance in federal court in the District of Arizona on Dec. 5, 2019 before being transported to New Mexico.
Ransom is currently in custody pending trial. Indictments and criminal complaints are only accusations. A defendant is presumed innocent until proven guilty.
The FBI and Las Cruces Police Department investigated this case with assistance from law enforcement in Mexico. Assistant U.S Attorneys Tilli M. Villalobos, Mark A. Saltman and Dustin Segovia are prosecuting the case.
Former Prisoner Transport Officer Charged for Abusing Detainees in His Care and Threatening Them with Retaliation if They Reported His AbuseRead the Press Release
A federal grand jury in Albuquerque, New Mexico, has indicted former prison transport officer Anthony Buntyn, 53, for abusing detainees who were in his care and for threatening the detainees with retaliation if they reported his abuse.
According to the indictment, at the time of his alleged crimes, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company that was hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was in charge of a PTS transport in March 2017 that stopped in New Mexico during a cross-country trip.
Count One of the indictment charges Buntyn with willfully depriving a detainee of the constitutional right to be free from unreasonable force, in violation of Title 18, United States Code, Section 242. Count Two charges Buntyn with willfully depriving multiple detainees of the constitutional right not to be subjected to conditions of confinement on the transport vehicle that posed a substantial risk of serious harm to the detainees’ health or safety, and resulted in bodily injury to some of them, in violation of Title 18, United States Code, Section 242. Count Three charges Buntyn with knowingly using intimidation and threats against multiple detainees to prevent communication to a federal law enforcement officer of truthful information relating to the commission of a federal crime, in violation of Title 18, United States Code, Section 1512(b)(3).
The indictment alleges that, during the stop in New Mexico, Buntyn repeatedly used a Taser on a handcuffed detainee without legal justification. It further alleges that, while in New Mexico, Buntyn transported the detainees in the PTS van in conditions of confinement that posed a substantial risk of serious harm to their health or safety, and resulted in injury to at least four detainees. Finally, the indictment alleges that Buntyn threatened the detainees who were being transported in the PTS van with retaliation if they reported any of his alleged crimes.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty. If convicted, Buntyn faces a maximum sentence of 10 years of imprisonment on each of the first two charges and a maximum sentence of 20 years on the third charge.
The case was investigated by the FBI Kansas City Field Office and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley of the District of New Mexico and Trial Attorneys Zachary Dembo and Laura Gilson of the Justice Department’s Civil Rights Division.
Man from Tucson, Arizona convicted of federal alien transporting charge in New MexicoRead the Press Release
ALBUQUERQUE, N.M. – A federal jury in Las Cruces, New Mexico returned a guilty verdict yesterday against Francisco Armando Martinez, 39, of Tucson, Arizona on one count of transporting illegal aliens.
The evidence at trial showed that a group of illegal aliens from Mexico paid smugglers to help them cross the border into the United States illegally. They gathered at a guest house in Agua Prieta, Sonora, Mexico. They paid for backpacks containing food and water for the trip and took a taxi to the border where a guide led them into the United States through the desert on foot. Martinez picked up the illegal aliens on the side of the road to transport them. He told them to wear their seat belts and be quiet. Martinez later drove to a gas station where border patrol agents questioned him about the people inside his vehicle and discovered Martinez was transporting illegal aliens.
The jury acquitted Martinez of a charge of conspiracy to transport aliens. He is currently out of custody awaiting sentencing. Martinez faces up to 5 years in prison.
U.S. Border Patrol investigated this case with assistance from Homeland Security Investigations. Assistant U.S. Attorneys Luis Martinez and Taylor Hartstein of the Las Cruces Branch Office are prosecuting the case.