District of New Mexico
Press releases recorded for this federal judicial district.
Navajo Man from Pueblo Pintado, N.m., Indicted on Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Nathan Thomas, 43, an enrolled member of the Navajo Nation who resides in Pueblo Pintado, N.M., was arraigned in federal court in Albuquerque, N.M., on July 16, 2019, on an indictment charging him with three counts of aggravated sexual abuse and one count of abusive sexual contact. Thomas was ordered detained pending trial during a detention hearing held this morning.
Thomas was indicted by a federal grand jury on June 12, 2019, and the FBI arrested him on July 11, 2019.
According to the indictment, Thomas allegedly engaged in or attempted to engage in a sexual act with a child under the age of 12 years on three occasions between 2007 and 2010, and allegedly had sexual contact with the child one occasion during the same time period. The indictment alleges that Thomas committed the crimes in Indian Country in San Juan County.
Thomas faces up to life in prison if convicted of the charged offenses. Charges in indictments are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Gallup office of the FBI investigated this case. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Man from McKinley County Pleads Guilty to Assault in Indian Country Resulting in Serious Bodily InjuryRead the Press Release
ALBUQUERQUE – Ricky Thomas, 51, of McKinley County, N.M., pleaded guilty today in federal court to an indictment charging him with assault resulting in serious bodily injury in Indian Country.
In Thomas’s plea agreement, he admitted committing this offense in McKinley County on September 15, 2018. Thomas pushed the victim off a porch causing the victim to fall to the ground and hit his head on some cinderblocks. Thomas’s assault caused the victim serious injury, including fractures and other spinal cord injuries. The victim is now quadriplegic. Thomas is a member of the Navajo Nation and committed the offense in Indian Country.
Thomas is currently in custody awaiting sentencing. He faces from 30-33 under the terms of his plea agreement.
The FBI investigated this case. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Former U.s. Fish and Wildlife Employee Sentenced to Probation and Community Service for Stalking Former Co-WorkerRead the Press Release
ALBUQUERQUE – Peter Fitzpatrick, 44, of Byron Center, Mich., was sentenced in federal court on Monday to five years of probation and 40 hours of community service for stalking a former co-worker.
Fitzpatrick previously pleaded guilty to stalking on March 1, 2019. In his plea agreement, he admitted to stalking the victim with angry and confrontational telephone calls, emails, and text messages from February 1, 2016, to September 1, 2017. In these communications, Fitzpatrick also objected to the U.S. Fish and Wildlife Service’s management of the Mexican Grey Wolf Recovery Program based in Albuquerque.
Fitzpatrick’s communications placed his former co-worker in reasonable fear of death or serious physical injury. Fitzpatrick also made comments about his former co-worker’s daughter expected to cause emotional distress.
The U.S. Fish and Wildlife Service, Office of Law Enforcement and United States Postal Inspection Service investigated this case. Assistant U.S. Attorney Letitia C. Simms prosecuted the case.
Former Civilian Employee at Holloman Air Force Base Sentenced to 121 Months in Prison for Sexual AssaultRead the Press Release
ALBUQUERQUE – Francisco Javier Palillero, 28, Holloman Air Force Base, Alamogordo, New Mexico, was sentenced in federal court in Las Cruces yesterday to 121 months in prison for Sexual Abuse, committed against a civilian employee at Holloman Air Force Base.
A jury convicted Palillero of this offense on December 5, 2018, after a three day trial. The evidence at trial showed that on April 27, 2018, the victim and her fiancé were next-door neighbors to Palillero, on Holloman Air Force Base. On that date, the victim and her fiancé went to Palillero’s house for a barbeque. At approximately 10:00 p.m., the victim left the barbecue, returned home, and went to sleep in her bedroom with the bedroom door closed, while her fiancé remained at the barbecue.
At approximately 2:00 a.m, on April 28, 2018, Palillero, who was highly intoxicated, followed the victim’s fiancé back to the victim and her fiancé’s home. While the victim’s fiancé sat in the living room, Palillero snuck down a hallway leading to the victim’s bedroom, where she was sleeping. While the victim was sleeping and without her consent, Palillero kissed the victim’s face, rubbed her breasts, traced the outline of her underwear, moved her underwear to the side, rubbed her genital area roughly, and then digitally penetrated her vagina.
When the victim woke up, Palillero told her, “Don’t say anything” and then left the bedroom. The victim then charged out of her bedroom and punched Palillero multiple times in the face, knocking him to the floor.
The case was investigated by the Las Cruces FBI office and Holloman Air Force Base Security Forces. The case was prosecuted by Assistant U.S. Attorneys Matilda M. Villalobos and Mark A. Saltman.
Man from Deming Faces Federal Charges of Possessing Firearm and Immunition as Convicted FelonRead the Press Release
ALBUQUERQUE – Patricio Saborio Fierro, 29, of Deming, N.M., appeared in federal court in Las Cruces, N.M., on Wednesday on a charge of possessing a firearm and ammunition as a convicted felon.
A grand jury returned an indictment on June 19, 2019, charging Fierro with one count of being a felon in possession of a firearm and ammunition. According to the indictment, Fierro knowingly possessed the firearm and ammunition after he was previously convicted of the felony offense of possession with intent to distribute marijuana.
The FBI arrested Fierro in Las Cruces on Tuesday. Fierro is currently in custody awaiting a detention hearing next Tuesday, July 2. He faces up to 10 years in prison if convicted of this offense. An indictment is only an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The Las Cruces office of the FBI investigated this case with assistance from the Deming Police Department. Assistant U.S. Attorney Maria Y. Armijo of the Las Cruces Branch Office
Man from Casamero Lake, N.m., Charged with Assault Causing Serious Bodily Injury to Child in Indian Country Serious Bodily Injury to Child in Indian CountryRead the Press Release
ALBUQUERQUE – Kevin Ernest Lewis, 31, of Casamero Lake, N.M., appeared in federal court in Albuquerque today on charges of assault and child abuse resulting serious bodily injury to his daughter in Indian Country.
According to a criminal complaint, Lewis committed the offenses on May 28, 2019. He allegedly got into a fight with his girlfriend while driving back from a casino. Lewis beat his girlfriend with his fists and choked her. When he later got out of the car, she moved into the driver’s seat and drove home without him.
Lewis went to his girlfriend’s house where her mother tried to stop him from coming inside. Lewis responded by punching her mother and knocking her to the ground. Lewis then attacked his girlfriend again while she was holding their 4-month-old daughter in her arms. Lewis pulled his girlfriend outside of the house and knocked her to the ground causing their daughter to hit her head on concrete. Lewis kicked the child repeatedly as his girlfriend tried to shield her with his body. The child suffered a fractured skull and cerebral hemorrhage.
Lewis is currently in custody. He faces up to 10 years in prison if convicted of assault resulting in serious bodily injury and 18 years in prison if convicted of child abuse. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt at trial.
The Navajo Nation Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Husband of Ayudando Guardians CEO Pleads Guilty to Conspiracy to Defraud the United States and to Commit Money LaunderingRead the Press Release
ALBUQUERQUE – William S. Harris, 58, of Albuquerque, N.M. pleaded guilty in federal court yesterday to conspiracy to defraud the United States and to commit money laundering 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.
Harris pleaded guilty to charges in a superseding indictment previously filed on December 5, 2017. The superseding indictment also charged his wife, Susan K. Harris, 72, his stepson, Craig M. Young, 53, and another co-owner of the business, Sharon A. Moore, 64, with various financial crimes, including conspiracy, mail fraud, aggravated identity theft, and money laundering.
In Harris’s plea agreement, he admitted to acting in concert with his co-defendants to cheat the United States government out of money and property from November 2006 to July 2017. 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, Harris, and their co-conspirators. Harris specifically admitted receiving, endorsing, and depositing dozens of checks drawn on Ayudando accounts for his own personal benefit.
Harris also admitted to his involvement in a money laundering scheme. Harris acknowledged using an Ayudando corporate credit card for personal expenses, knowing that it would be paid for with client money. He also 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 terms of Harris’s plea agreement require him to serve 84 months in prison. He also agreed to forfeit assets and funds derived from his offenses and to pay restitution to the victims. The other three co-defendants are scheduled to go to trial on September 23, 2019. Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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 VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.
Former Private Prisoner Transport Officer Pleads Guilty to Sexually Assaulting an Individual During a TransportRead the Press Release
James Baldinger, 51, a former private prisoner transport officer with the Prisoner Transportation Services of America LLC. (PTS), pleaded guilty today in federal court in Albuquerque, New Mexico, to one count of violating the civil rights of a female in his custody whom he sexually assaulted during a transport.
According to court documents, Baldinger worked as a transport officer for PTS, a private prisoner extradition company that contracts with government agencies to transport individuals arrested on out-state-warrants to the extraditing jurisdiction. On or about July 11-12, 2017, during a transport from Kentucky to Bernalillo County, New Mexico, Baldinger sexually assaulted a female who was in his custody. Specifically, he touched her while she was restrained and without her consent. As a result of Baldinger’s conduct, the victim suffered pain and injury. Baldinger admitted that he knew what he was doing was wrong and against the law, yet he did so anyway.
“The Department of Justice will not tolerate officers who abuse their positions of power to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these despicable crimes.”
“This defendant exploited his authority over this vulnerable victim and deprived her of her Constitutional rights,” said U.S. Attorney John C. Anderson. “Today’s guilty plea demonstrates that the U.S. Attorney’s Office will hold those who violate prisoners’ civil rights accountable to the fullest extent of the law.”
The defendant was remanded into custody when he entered his guilty plea.
This case is being investigated by the Albuquerque Division of the FBI and the New Mexico State Police. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division of the U.S. Department of Justice, as well as Assistant United States Attorney Shaheen Torgoley, formerly of the District of New Mexico and Assistant United States Attorney Kimberly Brawley, of the District of New Mexico.
Former Private Prisoner Transport Officer Pleads Guilty to Sexually Assaulting an Individual During a TransportRead the Press Release
WASHINGTON – James Baldinger, 51, a former private prisoner transport officer with the Prisoner Transportation Services of America LLC. (PTS), pleaded guilty today in federal court in Albuquerque, New Mexico, to one count of violating the civil rights of a female in his custody whom he sexually assaulted during a transport.
According to court documents, Baldinger worked as a transport officer for PTS, a private prisoner extradition company that contracts with government agencies to transport individuals arrested on out-state-warrants to the extraditing jurisdiction. On or about July 11-12, 2017, during a transport from Kentucky to Bernalillo County, New Mexico, Baldinger sexually assaulted a female who was in his custody. Specifically, he touched her while she was restrained and without her consent. As a result of Baldinger’s conduct, the victim suffered pain and injury. Baldinger admitted that he knew what he was doing was wrong and against the law, yet he did so anyway.
“The Department of Justice will not tolerate officers who abuse their positions of power to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these despicable crimes.”
“This defendant exploited his authority over this vulnerable victim and deprived her of her Constitutional rights,” said U.S. Attorney John C. Anderson. “Today’s guilty plea demonstrates that the U.S. Attorney’s Office will hold those who violate prisoners’ civil rights accountable to the fullest extent of the law.”
The defendant was remanded into custody when he entered his guilty plea.
This case is being investigated by the Albuquerque Division of the FBI and the New Mexico State Police. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division of the U.S. Department of Justice, as well as Assistant United States Attorney Shaheen Torgoley, formerly of the District of New Mexico and Assistant United States Attorney Kimberly Brawley, of the District of New Mexico.
Man from Minnesota Charged in New Mexico Federal Court with False Personation of an Officer or Employee of the United StatesRead the Press Release
ALBUQUERQUE – James Christopher Benvie, 44, of Albany, Minn., appeared in federal court today for an initial appearance on an indictment returned by a grand jury in New Mexico charging him with two counts of false personation of an officer or employee of the United States.
The grand jury returned the indictment on Wednesday alleging Benvie committed these offenses in Doña Ana County on April 15, 2019 and April 17, 2019. Benvie made his initial appearance today in the United States District Court for the Western District of Oklahoma after the FBI with the assistance of the Logan County Sheriff’s Office arrested him in Guthrie, Okla. He is scheduled for a detention hearing on Tuesday afternoon and will be transported to the District of New Mexico for prosecution.
Benvie faces up to 3 years in prison if convicted. An indictment is only an accusation. A defendant is presumed innocent until proven guilty.
The FBI investigated this case. Assistant U.S. Attorneys Renee L. Camacho and Randy Castellano of the Las Cruces Branch Office are prosecuting the case.
Man from Dulce, N.m., Charged with Assault Causing Serious Bodily Injury in Indian CountryRead the Press Release
ALBUQUERQUE – Ronnie Tiznado, 46, of Dulce, N.M., appeared in federal court on Wednesday on charges of assaulting his wife on the Jicarilla Apache Nation Indian Reservation.
Tiznado is charged by criminal complaint with assault resulting in serious bodily injury and assault of a spouse by strangling, suffocating, or attempting to strangle or suffocate. According to the complaint, Tiznado sent threatening text messages to his wife while she was working at a store on June 1, 2019. In these text messages, Tiznado threatened to kill the victim and beat her to death. Early the next morning, Tiznado located her at Stone Lake, a community near Dulce, N.M. Tiznado pulled her from her car by the hair and hit, kicked, and choked her. The victim suffered a broken nose and severe bleeding and swelling to her face with one of her eyes swollen shut. She also suffered bruises, scratches, and redness on her neck, arms, ribs, back, and chest, all requiring treatment at a hospital in Farmington.
Tiznado is currently out of custody awaiting trial. He faces up to 10 years in prison if convicted of these offenses. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
The Farmington office of the FBI investigated this case. Assistant U.S. Attorney Frederick T. Mendenhall III is prosecuting the case.
Woman Formerly of from Red River, N.m. Pleads Guilty to Failure to File Tax Returns Reporting Business IncomeRead the Press Release
ALBUQUERQUE – Lisa Dawn Curry, 48, formerly of Red River, N.M., pleaded guilty in federal court yesterday to 2 counts of failure to file tax returns reporting income she earned from her business.
According to Curry’s plea agreement, she operated a company in Red River, N.M. She used money from the company’s operating account to pay her own personal expenses. Under federal tax law, she needed to file income tax returns in 2012 and 2013 because she earned more than the minimum gross income. However, Curry did not file returns for those years although she knew of the filing requirement because she properly filed returns in previous years.
Curry is out of custody awaiting sentencing at a future date. She faces a sentence of 5 years’ probation and has agreed to pay restitution in an estimated amount of $72,840.
The Internal Revenue Service Criminal Investigation investigated this case with assistance from the New Mexico Taxation and Revenue Department, the Red River Marshal’s Office, and 16th Judicial Circuit State Attorney’s Office in Key West, Fla. Assistant U.S. Attorney Holland S. Kastrin is prosecuting the case.
Man from Albuquerque Pleads Guilty to Planting Bomb Under Former Girlfriend’s BedRead the Press Release
ALBUQUERQUE – Ethan Guillen, 20, of Albuquerque, N.M., pleaded guilty in federal court yesterday to charges stemming from an incident in 2017 where he entered his former girlfriend’s home without permission and planted a bomb underneath her bed.
A grand jury previously indicted Guillen for possession of an unregistered destructive device and malicious attempt to destroy property by means of fire or explosives. According to court documents, Guillen entered his former girlfriend’s apartment home on May 18, 2017. The victim and her family were away from home attending a graduation. Guillen secretly placed an improvised explosive device under the victim’s bed consisting of a pressure cooker with black powder, napalm, and shrapnel such as nuts, and bolts inside. Guillen connected the device to a timer and electrical outlet. He set the device to explode early the next morning. However, the device did not explode as scheduled. Several days later, the victim found the device under her bed. The victim’s mother partially disassembled the device and alerted police.
Guillen is currently in custodypending sentencing at a future date.The offense of possession of the unregistered destructive device carries a sentence of up to 10 years in prison, while Guillen’s attempt to destroy property carries a sentence of from 5 to 20 years in prison.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorneys Howard R. Thomas and David M. Walsh are prosecuting the case.
Man from Cochiti Pueblo Sentenced to 37 Days in Prison for Violating Migratory Bird Treaty ActRead the Press Release
ALBUQUERQUE – Wayne Martin, 47, of Cochiti Pueblo, N.M., was sentenced in federal court Wednesday to 37 days in prison for violating the Migratory Bird Treaty Act by shooting and killing at least two dozen protected birds and selling them to an undercover federal agent.
Martin previously pleaded guilty to this offense on January 5, 2017. According to court documents, he admitted to killing robins, hummingbirds, hawks, and other species. He then failed to appear in court for his original sentencing hearing and stayed away for 21 months before agents arrested him.
The U.S. Fish and Wildlife Service investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Jeremy Peña prosecuted the case.
Two Men from McKinley County, N.m. Charged with Robbery and Firearm Possession in Indian CountryRead the Press Release
ALBUQUERQUE – Aurelius Jamal Eddie, 18, and Julian C. Silversmith, 42, both from the area of Gallup, N.M. appeared in federal court on June 10, 2019, on charges of robbery for interfering with commerce by threats or violence and discharging a firearm during a crime of violence in Indian Country.
According to a criminal complaint and statements in court, Eddie and Silversmith committed these offenses with other people in Vanderwagen, N.M. on April 18, 2019. Eddie allegedly went inside a store with two other people. At least two of them had pistols. They pointed the guns and yelled at other people inside the store. Eddie shot at the ceiling. Then they left the store with stolen alcohol. Silversmith provided Eddie with the gun used in the robbery. Eddie and Silversmith are currently in custody pending trial. They face up to 20 years in prison if convicted of the robbery offense and from 10 years to life in prison if convicted of the firearm offense. Criminal complaints are only allegations and defendants are presumed innocent until proven guilty.
The FBI investigated this case. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Previously Convicted Sex Offender from Albuquerque Sentenced to 330 Months in Federal Prison for Making Child PornographyRead the Press Release
ALBUQUERQUE – James Highfield, 64, of Albuquerque, N.M., was sentenced in federal court on June 4, 2019, to 330 months in prison on six counts of production of visual depictions of children engaged in sexually explicit conduct.
Highfield previously pleaded guilty to these offenses on February 22, 2019. In his plea agreement, he admitted using his cellular telephone to take sexually explicit photographs of three children less than 18 years old from September 22, 2017, to October 15, 2017. Highfield committed these offenses although he was required to register as a sex offender based on prior convictions for other sexual offenses.
Homeland Security Investigations and the Bernalillo County Sheriff’s Office investigated this case with the Second Judicial District Attorney’s Office. Assistant U.S. Attorney Sarah Mease prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico 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.
Man from Fruitland, N.m., Pleads Guilty to Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
ALBUQUERQUE – Harry Jim, Jr., 36, of Fruitland, N.M., pleaded guilty in federal court yesterday to assault resulting in serious bodily injury in Indian Country.
In Jim’s plea agreement, he admitted driving while intoxicated and causing a vehicle collision within the Navajo Nation. The victim of the collision suffered a broken finger and leg.
Jim is currently in custody/out of custody awaiting sentencing. He faces up to 10 years in prison.
The Farmington office of the FBI investigated this case. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
Man from Chimayo, N.m., Pleads Guilty to Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
ALBUQUERQUE – Ricky Martinez, 27, of Chimayo, N.M., pleaded guilty in federal court on June 13, 2019, to assault resulting in serious bodily injury in Indian Country.
In Martinez’s plea agreement, he admitted committing this offense in Rio Arriba County on September 2, 2017. Martinez assaulted the victim by stabbing him with a knife in the face, neck, chest, and back causing extreme pain. The assault happened within the boundaries of Ohkay Owingeh Pueblo. The victim is an Indian. Martinez is not an Indian.
Martinez is currently in custody awaiting sentencing. He faces 41 to 51 months in prison.
The Santa Fe office of the FBI investigated this case with the Ohkay Owingeh Police Department. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.
Woman from Isleta Pueblo Charged with Assaulting Federal Officer in Indian CountryRead the Press Release
ALBUQUERQUE – Marybeth Jiron, 56, of Isleta Pueblo, N.M., appeared in federal court yesterday on charges of assaulting a federal officer in Indian Country.
A grand jury returned an indictment on February 27, 2019, charging Jiron with two counts of assault upon a federal officer involving physical contact within the boundaries of the Pueblo of Isleta. According to documents filed in court, police responded to an emergency call on January 31, 2019, reporting that Jiron was walking in and out of traffic on a highway. When officers arrived, they found Jiron yelling and belligerent. Jiron threw a cigarette lighter at one of the officers, hitting the officer in the leg. Jiron also flicked a burning cigarette in the officer’s eye. When a second officer tried to intervene, Jiron hit the second officer in the face, bruising the officer’s cheek. Jiron is an enrolled member of the Pueblo of Isleta.
Jiron is currently in custody pending trial. She faces up to 8 years in prison if convicted. Indictments are only accusations. A defendant is presumed innocent until proven guilty.
The Pueblo of Isleta Police Department investigated this case. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Woman Sentenced to 18 Months in Federal Prison for Stealing More Than $800,000 from Her Employer in Otis. N.m.Read the Press Release
ALBUQUERQUE – Lori V. Whitaker, 56, formerly of Carlsbad, N.M., was sentenced in federal court yesterday to 18 months in prison for wire fraud. She was also ordered to pay restitution for the loss to her employer in Otis, N.M., of approximately $816,000.
Whitaker previously pleaded guilty to this offense on May 2, 2018. In her plea agreement, she admitted to committing this crime while employed as office manager for the Otis Mutual Domestic Water Consumers and Sewage Works Association in Otis, N.M. Whitaker misused a credit card intended to pay business expenses by making personal charges and taking cash advances at various casinos in New Mexico and elsewhere. Whitaker would pay the bills for these fraudulent charges by transferring money from her employer’s checking account.
The Las Cruces resident agency of the FBI investigated this case with the Internal Revenue Service and Eddy County Sheriff’s Office. Assistant U.S. Attorney Richard C. Williams and former Assistant U.S. Attorney John Balla prosecuted the case.
Woman Sentenced to 18 Months in Federal Prison for Stealing More Than $800,000 from Her Employer in Otis. N.m.Read the Press Release
ALBUQUERQUE – Lori V. Whitaker, 56, formerly of Carlsbad, N.M., was sentenced in federal court yesterday to 18 months in prison for wire fraud. She was also ordered to pay restitution for the loss to her employer in Otis, N.M., of approximately $816,000.
Whitaker previously pleaded guilty to this offense on May 2, 2018. In her plea agreement, she admitted to committing this crime while employed as office manager for the Otis Mutual Domestic Water Consumers and Sewage Works Association in Otis, N.M. Whitaker misused a credit card intended to pay business expenses by making personal charges and taking cash advances at various casinos in New Mexico and elsewhere. Whitaker would pay the bills for these fraudulent charges by transferring money from her employer’s checking account.
The Las Cruces resident agency of the FBI investigated this case with the Internal Revenue Service and Eddy County Sheriff’s Office. Assistant U.S. Attorney Richard C. Williams and former Assistant U.S. Attorney John Balla prosecuted the case.
Five Syndicato New Mexico Prison Gang Members Sentenced to Life in Prison This Week for Murders in Aid of RacketeeringRead the Press Release
ALBUQUERQUE – Five members of the Syndicato New Mexico prison gang were sentenced to life in prison this week in federal court in Las Cruces, N.M. after juries convicted them in 2018 of committing murder in aid of racketeering.
These defendants were previously charged along with 17 others for murder and other offenses in a superseding indictment. Several of those charged went to trial while others pleaded guilty. On March 12, 2018, a jury found Anthony Ray Baca, 55, of Albuquerque, N.M., and Carlos Herrera, XX, of XXX. N.M., guilty of conspiracy to commit murder and murdering a person identified as J.M. on March 7, 2014. The jury also found Baca guilty of conspiracy to murder a person identified as D.S. and another person identified as G.M.
On May 25, 2018, a separate jury found Joe Gallegos, 48, of Los Lunas, N.M., Billy Garcia, 63, of Albuquerque, N.M., and Arturo Arnulfo Garcia, 38, of Denver, Colo., guilty of multiple offenses. In particular, the jury found Joe Gallegos and Billy Garcia guilty of murdering a person identified as F.C. on March 26, 2001. The jury also found Joe Gallegos guilty of conspiracy to commit murder and murdering a person identified as A.B. on November 12, 2012. The jury also found Garcia guilty of murdering a person identified as R.G. on March 26, 2001. The jury also found Arturo Arnulfo Garcia guilty of murdering F.S. on June 17, 2007.
On June 12, 2019, Baca was sentenced to life in prison for the murder of J.M., and to XXX for conspiracy to murder J.M. and conspiracy to murder D.S. and G.M.
On June 11, 2019, Herrera was sentenced to life in prison for the murder of J.M. and to 120 months in prison for conspiracy to murder J.M. Herrera must serve these sentences consecutively to sentences previously imposed against him in the Second Judicial District Court of New Mexico.
On June 11, 2019, Gallegos was sentenced to life in prison for murdering F.C. and A.B. and to 120 months in prison for conspiring to murder A.B. Billy Garcia was sentenced to life in prison for murdering F.C. and R.G. Arthuro Arnulfo Garcia was sentenced to life in prison for murdering F.S.
Other defendants in this case have also been sentenced. In particular, Chris Garcia, 43, of Albuquerque, N.M. pleaded guilty on January 25, 2018, to conspiracy to murder G.M and being a felon in possession of a firearm. He also pleaded guilty in separate cases to racketeering conspiracy, distribution of cocaine and heroin, and possession with intent to distribute heroin. Garcia received a total sentence of 30 years in prison.
Daniel Sanchez, 46, of Albuquerque, was found guilty along with Baca and Herrera for conspiring to murder and murdering J.M. He received a sentence of XXX. Edward Troup, 44, of Albuquerque, N.M., was found guilty along with Arturo Arnulfo Garcia of murdering F.S. Troup received a sentence of XXX. Andrew Gallegos, XX, of XXX, N.M. was found guilty along with Joe Gallegos of conspiracy to murder and murdering A.B. He received a sentence of XXX.
This case was investigated by the Albuquerque office of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correction Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI divisions. Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.
Five Syndicato New Mexico Prison Gang Members Sentenced to Life in Prison This Week for Murders in Aid of RacketeeringRead the Press Release
ALBUQUERQUE – Five members of the Syndicato New Mexico prison gang were sentenced to life in prison this week in federal court in Las Cruces, N.M. after juries convicted them in 2018 of committing murder in aid of racketeering.
These defendants were previously charged along with 17 others for murder and other offenses in a superseding indictment. Several of those charged went to trial while others pleaded guilty. On March 12, 2018, a jury found Anthony Ray Baca, 55, of Albuquerque, N.M., and Carlos Herrera, XX, of XXX. N.M., guilty of conspiracy to commit murder and murdering a person identified as J.M. on March 7, 2014. The jury also found Baca guilty of conspiracy to murder a person identified as D.S. and another person identified as G.M.
On May 25, 2018, a separate jury found Joe Gallegos, 48, of Los Lunas, N.M., Billy Garcia, 63, of Albuquerque, N.M., and Arturo Arnulfo Garcia, 38, of Denver, Colo., guilty of multiple offenses. In particular, the jury found Joe Gallegos and Billy Garcia guilty of murdering a person identified as F.C. on March 26, 2001. The jury also found Joe Gallegos guilty of conspiracy to commit murder and murdering a person identified as A.B. on November 12, 2012. The jury also found Garcia guilty of murdering a person identified as R.G. on March 26, 2001. The jury also found Arturo Arnulfo Garcia guilty of murdering F.S. on June 17, 2007.
On June 12, 2019, Baca was sentenced to life in prison for the murder of J.M., and to XXX for conspiracy to murder J.M. and conspiracy to murder D.S. and G.M.
On June 11, 2019, Herrera was sentenced to life in prison for the murder of J.M. and to 120 months in prison for conspiracy to murder J.M. Herrera must serve these sentences consecutively to sentences previously imposed against him in the Second Judicial District Court of New Mexico.
On June 11, 2019, Gallegos was sentenced to life in prison for murdering F.C. and A.B. and to 120 months in prison for conspiring to murder A.B. Billy Garcia was sentenced to life in prison for murdering F.C. and R.G. Arthuro Arnulfo Garcia was sentenced to life in prison for murdering F.S.
Other defendants in this case have also been sentenced. In particular, Chris Garcia, 43, of Albuquerque, N.M. pleaded guilty on January 25, 2018, to conspiracy to murder G.M and being a felon in possession of a firearm. He also pleaded guilty in separate cases to racketeering conspiracy, distribution of cocaine and heroin, and possession with intent to distribute heroin. Garcia received a total sentence of 30 years in prison.
Daniel Sanchez, 46, of Albuquerque, was found guilty along with Baca and Herrera for conspiring to murder and murdering J.M. He received a sentence of XXX. Edward Troup, 44, of Albuquerque, N.M., was found guilty along with Arturo Arnulfo Garcia of murdering F.S. Troup received a sentence of XXX. Andrew Gallegos, XX, of XXX, N.M. was found guilty along with Joe Gallegos of conspiracy to murder and murdering A.B. He received a sentence of XXX.
This case was investigated by the Albuquerque office of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correction Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI divisions. Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.
Five Syndicato New Mexico Prison Gang Members Sentenced to Life in Prison This Week for Murders in Aid of RacketeeringRead the Press Release
ALBUQUERQUE – Five members of the Syndicato New Mexico prison gang were sentenced to life in prison this week in federal court in Las Cruces, N.M. after juries convicted them in 2018 of committing murder in aid of racketeering.
These defendants were previously charged along with 17 others for murder and other offenses in a superseding indictment. Several of those charged went to trial while others pleaded guilty. On March 12, 2018, a jury found Anthony Ray Baca, 55, of Albuquerque, N.M., and Carlos Herrera, XX, of XXX. N.M., guilty of conspiracy to commit murder and murdering a person identified as J.M. on March 7, 2014. The jury also found Baca guilty of conspiracy to murder a person identified as D.S. and another person identified as G.M.
On May 25, 2018, a separate jury found Joe Gallegos, 48, of Los Lunas, N.M., Billy Garcia, 63, of Albuquerque, N.M., and Arturo Arnulfo Garcia, 38, of Denver, Colo., guilty of multiple offenses. In particular, the jury found Joe Gallegos and Billy Garcia guilty of murdering a person identified as F.C. on March 26, 2001. The jury also found Joe Gallegos guilty of conspiracy to commit murder and murdering a person identified as A.B. on November 12, 2012. The jury also found Garcia guilty of murdering a person identified as R.G. on March 26, 2001. The jury also found Arturo Arnulfo Garcia guilty of murdering F.S. on June 17, 2007.
On June 12, 2019, Baca was sentenced to life in prison for the murder of J.M., and to XXX for conspiracy to murder J.M. and conspiracy to murder D.S. and G.M.
On June 11, 2019, Herrera was sentenced to life in prison for the murder of J.M. and to 120 months in prison for conspiracy to murder J.M. Herrera must serve these sentences consecutively to sentences previously imposed against him in the Second Judicial District Court of New Mexico.
On June 11, 2019, Gallegos was sentenced to life in prison for murdering F.C. and A.B. and to 120 months in prison for conspiring to murder A.B. Billy Garcia was sentenced to life in prison for murdering F.C. and R.G. Arthuro Arnulfo Garcia was sentenced to life in prison for murdering F.S.
Other defendants in this case have also been sentenced. In particular, Chris Garcia, 43, of Albuquerque, N.M. pleaded guilty on January 25, 2018, to conspiracy to murder G.M and being a felon in possession of a firearm. He also pleaded guilty in separate cases to racketeering conspiracy, distribution of cocaine and heroin, and possession with intent to distribute heroin. Garcia received a total sentence of 30 years in prison.
Daniel Sanchez, 46, of Albuquerque, was found guilty along with Baca and Herrera for conspiring to murder and murdering J.M. He received a sentence of XXX. Edward Troup, 44, of Albuquerque, N.M., was found guilty along with Arturo Arnulfo Garcia of murdering F.S. Troup received a sentence of XXX. Andrew Gallegos, XX, of XXX, N.M. was found guilty along with Joe Gallegos of conspiracy to murder and murdering A.B. He received a sentence of XXX.
This case was investigated by the Albuquerque office of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correction Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI divisions. Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.
Woman from Laguna Pueblo Sentenced to 18 Months in Federal Prison for Armed Robbery in Indian CountryRead the Press Release
ALBUQUERQUE – Royce Aragon, 33, of Laguna Pueblo, N.M. was sentenced in federal court today to 18 months in prison for interference with interstate commerce by robbery and violence.
Aragon previously pleaded guilty to this offense on February 6, 2019. In her plea agreement, she admitted going to the Casa Blanca Travel Center on Laguna Pueblo on December 30, 2016. Aragon kept watch at the front of the store while another person intimidated store clerks and stole money from a cash register. Aragon then followed the other person out of the store and stayed at a hotel with the other person that night. The robbery caused the travel center to close for several hours, preventing interstate travelers from purchasing gasoline and other items.
Aragon is an enrolled member of Laguna Pueblo. A co-defendant in this case, Cruz Abieta, received a prison sentence of 84 months on August 17, 2018.
The Bureau of Indian Affairs investigated this case with the Laguna Pueblo Police Department. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.
Man from Albuquerque Pleads Guilty to Drug Possession and Firearm ChargesRead the Press Release
ALBUQUERQUE – Omil Cotto, 33, of Albuquerque, N.M., pleaded guilty in federal court yesterday to charges of methamphetamine possession with the intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime.
The evidence acquired during the investigation shows that at approximately 2:39 p.m., on May 31, 2018, multiple 911 calls were received regarding a road rage incident that occurred near the intersection of Edith and Montano in Albuquerque, New Mexico. Law enforcement obtained surveillance footage from a nearby business that showed Cotto was involved in a collision with another vehicle. The video showed Cotto exit his yellow Chevrolet Camaro and fire multiple rounds from a gun towards the other vehicle as it drove northbound on Edith Boulevard.
The subsequent investigation of the shooting led officers to a home in southwest Albuquerque where Cotto was found. Cotto was taken into custody and a search warrant was obtained for the home. Inside the home, officers found a backpack that contained two bundles of methamphetamine and a handgun. A rifle was also found in the residence.
According to his plea agreement, Cotto admitted that he possessed approximately 877 grams of pure methamphetamine and a pistol in his car while driving in Bernalillo County on May 31, 2018. Cotto intended to distribute the methamphetamine in violation of federal law. Cotto possessed the firearm for protection from anyone who tried to steal his methamphetamine.
Cotto is currently in custody awaiting sentencing. He faces 15 years in prison under his plea agreement.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Drug Enforcement Administration and the Bernalillo County Sheriff’s Department. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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.
Justice Department Reaches Agreement with McKinley County, New Mexico, to Ensure Accessible VotingRead the Press Release
The Department of Justice today reached a settlement under the Americans with Disabilities Act (ADA) with McKinley County, New Mexico, to ensure that the County’s polling places are accessible to individuals with mobility and vision impairments. The County is home to the Zuni Pueblo and parts of the Navajo Nation, and more than two dozen of the County’s polling places are located on Indian reservations.
Based on a complaint, the Department of Justice surveyed and assessed the County’s voting program for compliance with the ADA. The Department’s survey identified architectural barriers under the ADA at County polling places, including inaccessible parking, ramps that were too steep, and doorways that were too narrow. Under the ADA, counties that conduct local, state, or federal elections may not select polling places that are inaccessible during elections to individuals with disabilities. Under the terms of the settlement agreement, McKinley County will begin remediating its voting program in time for its next election. To make its selected polling places accessible, the County will employ temporary measures, such as portable ramps, signage, and propped open doors, as well as certain permanent changes, such as paved parking and ramps. In addition, the County will train its poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections. Furthermore, the County will survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreement requires the County to select locations that will be accessible during elections. The Department of Justice will monitor the County’s compliance with the agreement and provide the County with technical assistance.
“Through this settlement, McKinley County will ensure that its polling places are accessible to voters with disabilities so that they have an equal opportunity to exercise one of their most fundamental rights, the right to vote,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We applaud the County’s commitment to providing equal access to the polls.”
“The right to cast a ballot and participate in elections is at the heart of our democracy,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “Disability should never stand as an impediment to the exercise of this fundamental right. Today’s settlement ensures the citizens of McKinley County that their polling places will be accessible to all eligible voters.”
This settlement is part of the Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. Through this Initiative, the Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions, including Harris County, Texas; Chicago, Illinois; Richland County, South Carolina; and Dauphin County, Pennsylvania.
For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
The settlement agreement can be found here.
Man from Toadlena, N.m. Charged with Aggravated Sexual Abuse in Indian CountryRead the Press Release
ALBUQUERQUE – Garrith Bitsilly, 32, of Toadlena, N.M., appeared in federal court yesterday on charges of aggravated sexual abuse and abusive sexual contact in Indian Country.
According to a criminal complaint, Bitsilly allegedly committed numerous acts of sexual abuse against the victim, who was less than 12 years old, over the course of about seven months in 2014. The victim was staying at Bitsilly’s home in San Juan County during this time while the victim’s mother was deployed to Afghanistan with the military. Bitsilly is an enrolled member of the Navajo Nation.
Criminal complaints are merely accusations. A defendant is presumed innocent until proven guilty. Bitsilly is currently on release to a halfway house pending trial. He faces from 30 years to life in prison if convicted of aggravated sexual abuse. Bitsilly faces up to life in prison if convicted of abusive sexual contact.
The Farmington office of the FBI investigated this case. Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.
Man from Shiprock Charged with Assault by Strangulation in Indian CountryRead the Press Release
ALBUQUERQUE – Dieter Douglas, 33, of Shiprock, N.M., appeared in federal court today on charges of assault by strangulation in Indian Country.
According to a criminal complaint, Douglas allegedly committed this offense in San Juan County on May 14, 2019. Douglas became drunk, assaulted the victim, and threatened to kill her. He hit the victim in the head several times and bit her on the arm. Douglas violently choked the victim three or four times causing her to lose consciousness. Douglas is an enrolled member of the Navajo Nation.
Criminal complaints are merely accusations and a defendant is presumed innocent until proven guilty. Douglas is currently in custody awaiting trial. He faces as much as 10 years in prison if convicted.
The Farmington office of the FBI investigated this case with the Navajo Department of Criminal Investigations. Assistant U.S. Attorney Novaline Wilson is prosecuting the case.
Man from Albuquerque Faces Federal Charges of Carjacking Two Vehicles at GunpointRead the Press Release
ALBUQUERQUE – Charles Chavez, 27, of Albuquerque, N.M., appeared in federal court today on a criminal complaint charging him with two counts of carjacking and two counts of brandishing a firearm during and in relation to a crime of violence.
According to the criminal complaint, Chavez rang the doorbell at a home in Albuquerque on January 8, 2019. He asked to use the telephone, but the resident who answered the door said no. Chavez then pointed a gun at the resident and demanded the keys to the resident’s truck.
Chavez then drove away in the truck and went to a gas station where he confronted a motorist who was pumping gas. Chavez pointed a rifle at the motorist and demanded the keys to the motorist’s truck. Chavez drove away in this second truck leaving behind the first truck he previously stole from the home.
Chavez then drove to a drive-thru ATM machine. He got out of the truck that he stole at the gas station and approached the occupants of another vehicle who were in the process of using the ATM. Chavez pointed a rifle at them and demanded money. Deputies from the Bernalillo County Sheriff’s Office saw Chavez committing this crime, approached him, and ordered him to surrender. Chavez ignored them and drove away in the truck he stole from the gas station, but crashed a short distance away. He tried to escape on foot, but deputies caught and arrested him.
Criminal complaints are only accusations. Defendants are presumed innocent until proven guilty. Chavez is currently in custody awaiting trial. He faces up to 15 years in prison for each of the carjacking offenses and consecutive sentences of 7 years to life in prison for each of the firearm offenses.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Man from Zuni Pueblo Sentenced to 79 Months in Prison for Voluntary Manslaughter and Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
ALBUQUERQUE – Vernon Poleahla, 34, of Zuni, N.M., was sentenced in federal court yesterday to 79 months in prison for involuntary manslaughter and assault resulting in serious bodily injury in Indian Country.
Poleahla previously pleaded guilty to these offenses on September 26, 2018. According to Poleahla’s plea agreement, he committed these offenses following an argument on April 27, 2018. Poleahla choked the first victim and stabbed him in the neck causing serious bodily injury. When the second victim intervened to assist the first victim, Poleahla stabbed the second victim in the stomach causing his death. Poleahla is an enrolled member of Zuni Pueblo.
The Gallup office of the FBI investigated the case with assistance from the Zuni Police Department. Assistant U.S. Attorney Allison C. Jaros prosecuted the case.
Man from Pine Hill, N.m. Charged with AssaultRead the Press Release
ALBUQUERQUE – Harrington Alonzo, 34, of Pine Hill, N.M., was arraigned in federal court today on an indictment charging him with assault with a dangerous weapon in Indian Country and carrying, brandishing, and discharging a firearm during and in relation to a crime of violence.
According to a criminal complaint, Alonzo committed these offenses on April 24, 2019, within the boundaries of the Navajo Nation. Alonzo became drunk and argued with his girlfriend. She called the police to respond to their home. When they arrived, Alonzo pulled a handgun and fired several shots at an officer. The officer returned fire, but no one was hit or otherwise injured in the exchange of bullets. Alonzo is an enrolled member of the Navajo Nation.
The charges in an indictment and criminal complaint are only accusations. A defendant is presumed innocent until proven guilty. Alonzo is currently in custody pending trial. He faces up to 10 years in prison if convicted of the assault charge and a consecutive sentence of from 10 years to life in prison if convicted of the firearm offense.
The Gallup office of the FBI investigated the case with assistance from the Ramah Navajo Police Department and the Navajo Nation Police Department. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
Woman from Navajo Nation Sentenced to 30 Months in Prison for Involuntary Manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE – Jennifer Nelson, 30, of Vanderwagen, N.M., was sentenced in federal court today to 30 months in prison for involuntary manslaughter in Indian Country.
Nelson previously pleaded guilty to this offense on February 8, 2019. According to Nelson’s plea agreement, on October 16, 2016, she drove an automobile while drunk within the boundaries of the Navajo Nation. Wilson attempted to pass another car while speeding, but struck the other car and caused it to flip over. The driver of the other car was ejected from his own vehicle and crushed to death. Nelson is an enrolled member of the Navajo Nation.
The FBI investigated the case with assistance from the Navajo Police Department, McKinley County Sheriff’s Department, and New Mexico State Police. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Man from Acoma Pueblo Charged with Involuntary Manslaughter After Deadly Car CrashRead the Press Release
ALBUQUERQUE – Mateo L. Maestas, 21, of Acoma Pueblo, N.M., appeared in federal court on Thursday on charges of involuntary manslaughter following a deadly automobile accident earlier this year.
According to a criminal complaint, Maestas was driving while intoxicated in Cibola County on April 16, 2019, when he crashed his car into another vehicle occupied by a woman and two children. The woman died from injuries sustained in the crash. She was an enrolled member of the Laguna Indian Tribe. Maestas is an enrolled member of the Acoma Indian Tribe.
Maestas is currently in custody. He faces up to 8 years in prison if convicted of involuntary manslaughter.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.
Former Los Alamos National Laboratory Scientist Charged with Making False Official Statements About His Contacts and Involvement with a Chinese Government ProgramRead the Press Release
ALBUQUERQUE – Turab Lookman, 67, of Santa Fe, N.M., made an initial appearance in federal court today on charges of making false official statements about his involvement with a program established by the Chinese government to recruit people with access to and knowledge of foreign technology and intellectual property.
The FBI arrested Lookman yesterday after a grand jury indicted him on Wednesday on three counts of making false official statements about being recruited by and applying to participate in China’s Thousand Talents Program for personal compensation. The indictment alleges that Lookman made false statements about his involvement with China’s Thousand Talents Program on an employment questionnaire, in a debriefing with a Los Alamos National Laboratory counterintelligence officer, and to an investigator from the National Background Investigation Bureau/Office of Personnel Management.
An indictment is only an accusation and a defendant is presumed innocent until proven guilty. Lookman is currently in custody pending a detention hearing on Tuesday. He faces up to 5 years in prison if convicted.
The Federal Bureau of Investigation investigated this case with support from Los Alamos National Laboratory. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Federal Jury Convicts Man from San Felipe Pueblo of Sexually Abusing Child in Indian CountryRead the Press Release
ALBUQUERQUE – Tyrone Coriz, 48, of San Felipe Pueblo, N.M., was convicted by a federal jury on Wednesday of two counts of aggravated sexual abuse of a child in Indian Country. Coriz faces a mandatory sentence of life imprisonment based on his previous conviction for another federal sex crime in 1992.
According to the evidence at trial, Coriz committed aggravated sexual abuse involving two different sex acts against the same victim between November 1, 2015, and December 27, 2015. Coriz lived in the same home as the victim and other family members. He committed these offenses at night while other household members were sleeping. Coriz committed the abuse while covering the mouth of the victim and telling her to be quiet. Two other previous victims testified that Coriz also abused them in similar ways at various times over more than twenty years. Some of the victims also testified to witnessing Coriz sexually and physically abuse other victims.
Coriz is currently in custody awaiting sentencing at a later date. He was previously convicted of abusive sexual contact against a different victim in 1992. Coriz faces a mandatory term of life imprisonment based on this prior conviction.
The Bureau of Indian Affairs and Federal Bureau of Investigation investigated this case with assistance from the Santa Ana Police Department. Assistant U.S. Attorneys Nicholas Marshall and Kyle Nayback are prosecuting the case.
Man from Tohatchi, N.m., Sentenced to 240 Months in Prison for Kidnapping and Sexual Assault in Indian CountryRead the Press Release
ALBUQUERQUE – Ryan Thompson, 32, of Tohatchi, N.M. was sentenced in federal court yesterday to 240 months in prison for kidnapping and sexually assaulting his former girlfriend within the boundaries of the Navajo Nation.
Thompson previously entered a guilty plea to these charges on February 5, 2019. According to court documents, Thompson kidnapped the victim and her child at a gas station in Gallup, N.M. on November 15, 2017. Thompson then drove them to a remote location where he brutally beat and sexually assaulted the victim throughout the night. Thompson confined the victim and her child for a total of two days before she finally escaped and alerted law enforcement.
The FBI investigated the case. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Man from Shiprock, N.m., Pleads Guilty to Assault in Indian Country Resulting in Serious Bodily InjuryRead the Press Release
ALBUQUERQUE – Ryan Franklin, 30, of Shiprock, N.M., pleaded guilty in federal court on Monday to a charge of assaulting a woman in Indian Country resulting in serious bodily injury.
According Franklin’s plea agreement, he committed the offense on August 25, 2018, within the boundaries of the Navajo Nation in San Juan County, N.M. Franklin admitted he hit the victim in the face several times with his fists. The victim suffered extreme pain, a fractured orbital socket, and disfigurement that still requires medical attention. Franklin is an enrolled member of the Navajo Nation.
Franklin is currently in custody awaiting sentencing. He faces up to 10 years in prison.
The FBI investigated the case with the Bureau of Indian Affairs and the Navajo Police Department. Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.
Man from Farmington Sentenced to 30 Months in Federal Prison for Assault in Indian CountryRead the Press Release
ALBUQUERQUE – Twaine M. Willie, 28, of Farmington, N.M. was sentenced in federal court on Monday to 30 months in prison for assault causing serious bodily injury.
Willie previously entered a guilty plea to this offense on May 8, 2018. In his plea agreement, Willie admitted assaulting the victim within the Jicarilla Apache Nation on January 3, 2018. Willie pushed and beat the victim causing serious bodily injury, including a compound fracture to the victim’s leg. The victim suffered extreme pain and needed surgery to repair his broken bones. Willie is an enrolled member of the Navajo Nation.
The Farmington office of the FBI investigated this case with the Jicarilla Apache Police Department. Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.
Man from Pueblo Pintado, N.m., Pleads Guilty to Aggravated Sexual Abuse in Indian CountryRead the Press Release
ALBUQUERQUE – Presley Dexter Sandoval, 25, of Pueblo Pintado, N.M., pleaded guilty in federal court yesterday to committing aggravated sexual abuse against a child within the boundaries of the Navajo Nation.
Sandoval entered a plea of guilty to an information charging him with committing the offense in McKinley County between January 1, 2013, and September 30, 2015. According to court documents, Sandoval engaged in forcible sexual acts with the child at a residence on at least two separate occasions.
Sandoval is an enrolled member of the Navajo Nation. He is currently in custody awaiting sentencing and faces a maximum term of life in prison.
The Gallup office of the FBI investigated the case. Assistant U.S. Attorneys David Cowen, Allison Jaros, and Jennifer Rozzoni are prosecuting the case.
Federal Jury Finds Career Offender from Albuquerque Guilty of Distributing Heroin That Resulted in Teen’s Overdose DeathRead the Press Release
Raymond Moya Convicted of Selling Heroin Resulting in Death of
18-Year-Old Cameron Weiss, a Former La Cueva High School Student who
Became Addicted to Opioids Following Treatment for a Sports-Related Injuries
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict early this afternoon finding Raymond Moya, 34, of Albuquerque, on two heroin trafficking offenses, including a distribution of heroin on Aug. 12, 2011, that resulted in the death of an Albuquerque teenager on Aug. 13, 2011. The verdict was announced by U.S. Attorney John C. Anderson and Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division.
In announcing the verdict, U.S. Attorney Anderson said, “Hundreds of people die each year in New Mexico from heroin and opioid overdoses. The U.S. Attorney’s Office is committed to working with the DEA and its other partners across federal, state, local and tribal law enforcement to combat the abuse of heroin and prescription opioids, which has had, and continues to have, devastating effects on victims, their families, and our communities.”
“New Mexico has been hit hard by the heroin and opioid epidemic that is plaguing our country,” said Kyle W. Williamson, Special Agent in Charge of DEA’s El Paso Division. “Drug dealers who fuel this epidemic must be held accountable for their actions, which – all too often – have lethal consequences. DEA will continue to work with our law enforcement partners to bring to justice those who prey on our communities and to do our part to reduce overdose deaths.”
Moya was indicted on May 28, 2015, and charged with distributing heroin on Aug. 7, 2011, and distributing heroin on Aug. 12, 2011 resulting in Mr. Weiss’s death. At the time the indictment was filed, Moya was serving a 72-month federal prison sentence for his conviction for committing a heroin trafficking crime in the northeast heights of Albuquerque in Nov. 2011.
Trial on the case began on May 6, 2019, and concluded early this afternoon when the jury returned a verdict of guilty on both counts of the indictment. During the trial, numerous witnesses testified about final week of the life of Cameron Weiss, an 18-year-old who died of a heroin overdose on the morning of Aug. 13, 2011. The jury learned that Mr. Weiss had been addicted to heroin for two years, after getting hooked on opiate painkillers to treat serious sports injuries sustained as a student athlete at La Cueva High School in Albuquerque.
Mr. Weiss had spent time in rehab, but had relapsed and ended up in jail in Aug. 2011. While in jail, Mr. Weiss learned that Moya was a source of heroin supply who could be contacted through go-betweens. After he was released from jail on Aug. 7, 2011, Mr. Weiss contacted a go-between, who purchased heroin from Moya and delivered it to Mr. Weiss. The following day, Mr. Weiss joined his family in California where they were vacationing; the family returned to Albuquerque on Aug. 11, 2011. The next day, Aug. 12, 2011, Mr. Weiss met with another go-between, who purchased more heroin from Moya, including heroin which Mr. Weiss ingested over the course of the evening and into the night. At the end of the night, a friend dropped Mr. Weiss off at home. Mr. Weiss went into his bedroom and went to sleep; he never woke up. A pathologist determined that Mr. Weiss died as the result of a heroin overdose.
Moya remains in custody pending his sentencing hearing, which has yet to be scheduled. Because of his status as a career offender, with a criminal history that includes at least four prior felony convictions, Moya faces the following enhanced penalties based on today’s verdict: a maximum thirty years of imprisonment on Count 1 of the indictment, distribution of heroin; and a mandatory term of life imprisonment on Count 2, the distribution of heroin on Aug. 12, 2011 that resulted in the death of Mr. Weiss.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Sean J. Sullivan, Paul Mysliwiec, and Nicholas Jon Ganjei. The U.S. Attorney’s Office prosecuted this case as part of the Department of Justice’s commitment in partnership with other law enforcement to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis.
Former Dona Ana County Doctor Sentenced to 108 Months for Conviction on Unlawful Distribution of Prescription Painkillers and Health Care Fraud ChargesRead the Press Release
Physician’s Medical License Revoked in 2012
ALBUQUERQUE – Pawankumar Jain, 66, a former physician, was sentenced today in federal court in Las Cruces, N.M., to 108 months in prison and three years of supervised release for unlawfully dispensing controlled substances and health care fraud. The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.
Jain previously entered guilty pleas on Feb. 11, 2016, to one count of unlawfully dispensing a controlled substance and one count of health care fraud. In his plea agreement, Jain admitted that he previously was licensed to practice medicine in the State of New Mexico and was registered with the DEA to prescribe controlled substances, including pain medication. Jain admitted that for several years he operated a high-volume “pain management” practice in Las Cruces, and frequently performed only “cursory” examinations of his patients before prescribing narcotics to them without documenting any therapeutic benefit for those drugs in his records.
Jain specifically admitted examining one patient on Nov. 25, 2009, who is identified in the indictment as “M.E.B.” Jain admitted that he conducted only a superficial examination of M.E.B. before writing M.E.B. two prescriptions for methadone that were outside the usual course of medical practice and not for any legitimate medical purpose. Each prescription was for 270 tablets of 10 mg methadone. Jain further admitted that he committed health care fraud because he knew these unlawful prescriptions would be submitted to Medicare for payment and that he intended for Medicare to pay for the prescriptions.
Jain also acknowledged that M.E.B. died two days after filling the second methadone prescription. According to evidence at the sentencing hearing, M.E.B. died of respiratory depression due to the methadone Jain prescribed. The New Mexico Medical Board suspended Jain’s license in June 2012, and revoked his license in Dec. 2012.
“The U.S. Attorney’s Office and our law enforcement partners are committed to working together to aggressively target and hold drug traffickers accountable – both those who distribute on the street, and those who traffic as physicians writing prescriptions for no legitimate medical purpose,” said U.S. Attorney John C. Anderson. “Doctors who betray our trust and put their own financial gain ahead of the well-being of their patients by prescribing narcotics without medical justification are directly fueling our nation’s opioid crisis.”
“Doctors take an oath to treat and care for patients who come to them for help,” stated Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division. “Dr. Jain ignored this oath and continued to overprescribe, which eventually resulted in the deaths of four patients. His sentencing today will send a message to other doctors that they are not above the law and DEA will continue to forcefully pursue and hold them accountable.”
“Patients must be able to trust their physician,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division. “This doctor not only violated that trust but defrauded federal health care programs that many consumers depend on. The FBI hopes this case sends a message that this kind of criminal behavior by someone who should have put his patients’ well-being first will not be tolerated. We congratulate the DEA, U.S. Attorney's Office, the New Mexico Medical Board, and the New Mexico Board of Pharmacy on a successful prosecution.”
This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy. The case was prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The U.S. Attorney’s Office prosecuted this case as part of the Department of Justice’s commitment in partnership with other law enforcement to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis.
Albuquerque Businessman Pleads Guilty to Federal Tax Evasion ChargeRead the Press Release
ALBUQUERQUE – David Castle, 76, of Albuquerque, N.M., pleaded guilty to a tax evasion charge on May 3, 2019, before U.S. Magistrate Judge Steven C. Yarborough, announced U.S. Attorney John C. Anderson and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS-Criminal Investigation.
Castle, the owner and operator of the Gold and Silver Exchange (GSE), an Albuquerque-based store that focuses on the sale, purchase and repair of jewelry, was indicted in Feb. 2018, and was charged with obstructing the administration of the internal revenue laws and tax evasion.
Count 1 of the indictment charged Castle with perpetuating a scheme to evade and defeat the assessment and payment of taxes to the United States from Dec. 2004 through Jan. 2018. According to the indictment, Castle used several nominee businesses to conduct GSE’s financial operations to hide income generated by GSE from the IRS; executed his corrupt scheme by using bank accounts belonging to the nominee businesses; concealed personal income and expenditures; engaged in cash transactions; employed and paid GSE personnel in cash that could not easily be connected to GSE’s business operations; and deliberately failed to keep accurate business records reflecting GSE’s income and expenses.
Count 2 of the indictment alleged that from Dec. 2008 through Dec. 2017, Castle attempted to evade federal taxes for the years 1992-1993, 1995-2002, 2005, and 2006 in the approximate amount of $104,446.81. Castle committed this crime by concealing from the IRS the nature and location of his business revenue; placing funds in bank accounts belonging to nominee businesses; emphasizing cash operations in order to place the revenue beyond the reach of the legal process; and by failing to file personal and business income tax returns or by filing false or frivolous tax returns.
On Friday, Castle pled guilty to Count 2. In his plea agreement, Castle admitted from 2010 through 2013, while he was the sole owner and operator of GSE, he filed no tax returns for his business, his business provided no tax withholdings to the IRS, and he paid no taxes either for his business or his household. Castle acknowledged relying on cash transactions to operate GSE, and using bank accounts that appeared to be unassociated with GSE to conceal the business’s revenue. Castle agreed that his criminal conduct resulted in a tax loss of $211,829 during tax years 2010 through 2013.
At sentencing, Castle faces a maximum penalty of five years of imprisonment, a term of supervised release, a maximum fine of $250,000, and restitution. A sentencing date has yet to be scheduled.
This case was investigated by the Albuquerque office of IRS – Criminal Investigation and is being prosecuted by Assistant U.S. Shaheen P. Torgoley.
Navajo Man from Newcomb, N.m., Sentenced to Life for Conviction on Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE –Brian Adrian Sloan, 33, an enrolled member of the Navajo Nation from Newcomb, N.M., was sentenced yesterday in Albuquerque federal court to life imprisonment for his conviction on aggravated child sexual abuse charges, announced U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.
The FBI arrested Sloan, in Aug. 2016, on an indictment alleging child sexual abuse offenses. The indictment was superseded in Jan. 2017, and charged Sloan with sexually abusing two children under the age of 12 years. The four-count superseding indictment charged Sloan with violating one child on three occasions in 2007 and 2008, and another child in 2003, on the Navajo Indian Reservation in McKinley County, N.M. Sloan was convicted on all four-counts of the superseding indictment by a jury in Nov. 2018, after a five-day trial.
This case was investigated by the Gallup office of the FBI. Assistant U.S. Attorneys Novaline D. Wilson and Elisa C. Dimas prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Federal Grand Jury Returns Indictment Charging Larry Mitchell Hopkins with Firearms ChargeRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has returned an indictment charging Larry Mitchell Hopkins, 69, of Flora Vista, N.M., with being a felon in possession of firearms and ammunition, announced New Mexico U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.
Hopkins, who is also known as Johnny Horton, Jr., is scheduled for arraignment on the indictment at 9:30 a.m. on April 29, 2019, before U.S. Magistrate Judge Karen B. Molzen in the Rio Grande courtroom of the federal courthouse in Albuquerque. Hopkins also is scheduled for a detention hearing at the same time.
The indictment charges Hopkins with knowingly possessing firearms and ammunition in San Juan County, N.M., in Nov. 2017, despite having been convicted of at least one of the following felony crimes, which were punishable by at least a year of imprisonment: being a felon in possession of a firearm; impersonating a peace officer; and possession of a loaded firearm by a convicted felon.
Hopkins has been in custody since he was arrested by the FBI, with assistance from the Sunland Park Police Department, on April 20, 2019, in Sunland Park, N.M.
If convicted on the charge in the indictment, Hopkins faces a maximum statutory penalty of ten years of imprisonment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Farmington Resident Agency of the FBI with assistance from the Las Cruces Resident Agency of the FBI. The Sunland Park (N.M.) Police Department assisted in the arrest operation. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Federal Jury Convicts Albuquerque Man on Methamphetamine and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict against Yusef Casanova 46, of Albuquerque, on methamphetamine trafficking and firearms charges today after a four-day trial before Senior U.S. District Judge James A. Parker. The verdict was announced by First Assistant U.S. Attorney Fred J. Federici, Special Agent in Charge Monique Y. Villegas of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Special Agent in Charge Kyle Williamson of the DEA’s El Paso Division.
Casanova was charged with violating the federal narcotics and firearms laws in an indictment originally filed in June 2016, and later superseded in March 2017. The superseding indictment charged Casanova with distributing methamphetamine on June 7, 2016, in Bernalillo County, N.M. It also charged Casanova with being a felon in possession of a firearm and ammunition, and with unlawfully possessing an unregistered firearm. According to the superseding indictment, in June 2016, Casanova was prohibited from possessing firearms or ammunition because he previously had been convicted of distributing controlled substances, escape from jail, tampering with evidence, robbery, and receiving or transferring a stolen vehicle.
Trial on the three-count superseding indictment began on April 22, 2019, and concluded this afternoon, when the jury returned a verdict of guilty on each of the three counts.
The evidence at trial established that in early June 2016, an ATF Special Agent was supervising an informant on an undercover operation in southeast Albuquerque that targeted narcotics and firearms crimes. On June 6, 2016, the informant obtained a telephone number for Casanova, with the understanding that Casanova would sell him methamphetamine. That day, the informant had four recorded telephone calls with Casanova, during which Casanova negotiated the sale of two ounces of methamphetamine and a firearm, a sawed-off rifle, to the informant.
On June 7, 2016, the informant had another recorded telephone call with Casanova during which they negotiated the price for the methamphetamine and the firearm – a $1250 for the drugs and $100 for the gun – and agreed to meet later that day to complete the deal. When Casanova failed to show up at the agreed upon location, another meeting was arranged. At the new location, the parking lot of an Albuquerque-area fast food restaurant, federal agents video-recorded Casanova as he met with an unidentified man before meeting with the informant to complete the drug and gun deal.
The jury heard the testimony of the ATF Special Agent who supervised the informant, the DEA Special Agents who arranged for the methamphetamine to be tested at the DEA lab, and the ATF Special Agent who confirmed that the gun traveled in interstate commerce and was shorter than permitted by law. The jury also heard the telephone recordings between Casanova and the informant, saw the videotape of the meeting during which Casanova sold the methamphetamine and gun to the informant, and saw the gun and ammunition that Casanova sold to the informant.
The jury deliberated less than two hours before returning the guilty verdict.
Casanova was remanded into the custody of the U.S. Marshals Service after the jury rendered its verdict and will remain detained until his sentencing hearing, which has not been scheduled. At sentencing, Casanova faces a statutory mandatory minimum of ten years and a maximum of life imprisonment.
This case was investigated by the ATF and DEA offices in Albuquerque. Assistant U.S. Attorneys Samuel A. Hurtado and Mark C. Pfizenmayer are prosecuting the case.
Woman Facing Federal Drug Trafficking Charge Arising Out of DEA Seizure of 18 Pounds of Fentanyl in New MexicoRead the Press Release
WOMAN FACING FEDERAL DRUG TRAFFICKING CHARGE ARISING
OUT OF DEA SEIZURE OF 18 POUNDS OF FENTANYL IN NEW MEXICO
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Daniela Cota-Guitimea, with a fentanyl trafficking offense. The charge arises from a DEA seizure of approximately 18.144 pounds of fentanyl in Albuquerque on April 16, 2019. Cota-Guitimea was remanded into custody pending trial based on judicial findings that she poses a risk of flight and a danger to the community.
The DEA arrested Cota-Guitimea, 21, a U.S. citizen who resides in Mexico, after seizing approximately 8.10 gross kilograms (18.144 pounds) of fentanyl from Cota-Guitimea’s luggage during an interdiction investigation in Albuquerque.
The penalty for a conviction on the offense charged in the criminal complaint is a statutory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the DEA, and Assistant U.S. Attorney Matthew T. Nelson is prosecuting the case.
U.s. Citizen Residing in Honduras Extradited to Face Federal Charges in New MexicoRead the Press Release
Charges Arise Out of Scheme to Defraud Bank in Deming, N.M.
ALBUQUERQUE – A U.S. citizen residing in Honduras has been extradited to the United States, and transferred to the District of New Mexico, where he stands accused of bank fraud, wire fraud, and conspiracy charges arising out of a scheme to defraud a bank in southern New Mexico, as well as other financial institutions and individual investors.
The Honduras Transnational Criminal Investigative Unit (TCIU) of Homeland Security Investigations (HSI) arrested Bruce Beckner, 56, on a federal indictment on March 7, 2019, at the San Pedro Sula airport in Honduras. At the time of his arrest, Beckner had been a resident of Roatan, Honduras, for several years. Beckner remained incarcerated in Honduras until Honduras approved his extradition on April 11, 2019, and he was transferred into U.S. custody on April 16, 2019.
Beckner was arrested by HSI Albuquerque on the night of April 16, 2019, at the Albuquerque International Sunport, after he was extradited and flown in from Tegucigalpa under escort by HSI Honduras. Beckner made his initial appearance in federal court in Albuquerque, N.M., on April 17, 2019.
This morning, Beckner was arraigned on the indictment, and entered a not guilty plea. During this morning’s proceedings, Beckner waived his right to a detention hearing and was ordered detained pending trial.
The indictment alleges that, from 2000 to 2011, Beckner and a co-defendant, Arthur Herlihy, 70, of Santa Fe, N.M., engaged in a fraudulent scheme to develop a business plan and secure financing to renovate a truck stop in Deming. It further alleges that Beckner obtained business loans by making misrepresentations; made false statements to induce investors to invest in the truck stop; and diverted substantial portions of those funds for his personal benefit.
Herlihy pled guilty in Feb. 2017, to making a false statement to a bank on a loan document, and was sentenced in Aug. 2017
If convicted on the charges in the indictment, Beckner faces the following maximum statutory penalties: 30 years of imprisonment on the bank fraud charge; 20 years of imprisonment on the wire fraud charge; and a maximum of 30 years of imprisonment on the conspiracy charge. Charges in indictments are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by Homeland Security Investigations, IRS Criminal Investigation, and the Special Investigations Division of the New Mexico Office of the Attorney General. Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case. The U.S. Department of Justice’s Office of International Affairs, HSI Honduras TCIU, and HSI ICE Country Attaché in Honduras assisted with the extradition.
Larry Mitchell Hopkins Facing Federal Firearms Charge in New MexicoRead the Press Release
ALBUQUERQUE – Larry Mitchell Hopkins, who is also known as Johnny Horton, Jr., 69, of Flora Vista, N.M., has been charged in a criminal complaint with being a felon in possession of firearms and ammunition announced New Mexico U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.
Hopkins was arrested on the morning of April 20, 2019, by the FBI in Sunland Park, N.M., with assistance from the Sunland Park Police Department. He made his initial appearance on the criminal complaint in federal court in Las Cruces, N.M., before U.S. Magistrate Judge Gregory B. Wormuth this morning.
According to the criminal complaint, Hopkins unlawfully possessed nine firearms and ammunition in his residence in San Juan County, N.M., in Nov. 2017. The complaint alleges that Hopkins was prohibited from possessing firearms or ammunition because he previously had been convicted of at least three felony offenses, including possessing a loaded firearm in the state of Michigan in 1996; being a felon in possession of a firearm in the state of Oregon in 2006; and impersonating a peace officer in the state of Oregon in 2006.
Hopkins remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled to be held at 9:30 a.m. on April 29, 2019, before U.S. Magistrate Judge Karen B. Molzen in the Rio Grande courtroom of the federal courthouse in Albuquerque.
If convicted on the charge in the criminal complaint, Hopkins faces a maximum statutory penalty of ten years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a count of law.
This case was investigated by the Farmington Resident Agency of the FBI with assistance from the Las Cruces Resident Agency of the FBI. The Sunland Park (N.M.) Police Department assisted in the arrest operation. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Federal Jury Convicts Arthur Perrault on Federal Child Sexual Abuse ChargesRead the Press Release
Former Priest Extradited from Morocco in September 2018 Found
Guilty of Sexually Abusing Child on Kirtland Air Force Base and Santa Fe
National Cemetery in 1991-1992; Prosecuted Under Project Safe Childhood
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a guilty verdict against Arthur Perrault on federal child sexual abuse charges today after an eight-day trial before the U.S. District Judge Martha Vazquez. The verdict was announced by U.S. Attorney John C. Anderson for the District of New Mexico, Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, and Special Agent in Charge Nicholas J. Dorval of the Air Force Office of Special Investigations (AFOSI), Detachment 814.
The jury convicted Perrault, 81, a former Catholic priest who served in New Mexico under the Archdiocese of Santa Fe from 1973 to 1992, on an indictment charging him with six counts of aggravated sexual abuse and one count of abusive sexual contact with a minor under the age of 12. Perrault was found guilty of repeatedly sexually abusing the minor victim in 1991 and 1992 while on federally-protected land, Kirtland Air Force Base in Bernalillo County, N.M., and the Santa Fe National Cemetery in Santa Fe County, N.M.
In announcing the guilty verdict, U.S. Attorney Anderson said, “Though the quest for justice can sometimes be long and difficult, today’s jury verdict makes clear that courageous victims and the relentless efforts of law enforcement can, together, make justice a reality. Despite the passage of many years, and Arthur Perrault’s efforts to evade justice and deny his victims their day in court, he has at long last been held accountable for his crimes. Although today’s verdict cannot heal the wounds Perrault inflicted on his victims, I am hopeful that it will afford them some measure of validation and closure.”
“The FBI’s goal in this case was to make sure justice was served, regardless how long it took or how many miles we had to travel to make it happen,” said FBI Special Agent in Charge Langenberg. “As the defendant faces the consequences of his crimes, we would like to thank the victim and the other witnesses for their courage in coming forward. I appreciate the hard work and cooperation of everyone involved in this case, including the FBI agents and staff, U.S. Attorney’s Office, Air Force Office of Special Investigations, and the Moroccan government and our Legal Attaché in that nation.”
“This conviction is a major step on the path to healing and justice for Perrault’s victims,” said Special Agent in Charge Dorval of AFOSI Detachment 814. “AFOSI is dedicated to finding and helping to remove these kinds of predators from the street in order to protect our Airmen, their families and our greater military communities. We would like to express our sincerest thanks for the partnership and assistance of the FBI and the U.S. Attorney’s office. Without their unwavering assistance, this case would not have come to fruition.”
The evidence at trial established that Perrault, then an ordained Catholic priest, was in New Mexico in the late 1960s and early 1970s, teaching at a private Catholic high school in Albuquerque. Years later, one of Perrault’s victims revealed being sexually assaulted by Perrault when he was a student at the school. The trial evidence established that Perrault continued molesting adolescent boys in New Mexico for decades, until the early 1990s.
Around 1990, Perrault, then a parish priest in an Albuquerque Catholic church, befriended a nine-year-old altar boy and began grooming the child by giving him gifts, taking him on field trips, and making him feel special. The child, now a grown man identified as the John Doe victim in the indictment, testified about how Perrault’s affectionate hugs and kisses gradually progressed to regular acts of sexual assault and abuse, some of which took place at Kirtland Air Force Base and the Santa Fe National Cemetery, over the next two years.
Seven other victims testified about being sexually abused by Perrault in 1960s, 1970s, and 1980s when they were children, each describing traumatic experiences similar to those experienced by John Doe. The victims described how Perrault used his position as a priest to gain their trust and their parents’ trust, and how he abused that trust to sexually assault and abuse them.
The jury also heard testimony from a psychologist, an expert on child sex abuse, who testified about delayed disclosure, and explained that it is common for victims of sexual abuse to delay disclosing the abuse, sometimes for decades, sometimes forever. She explained how traumatic events affect memory and the ability of victims of child sex abuse to recall that abuse over time. The psychologist discussed “grooming” – the process of building an emotional connection with a child and sometimes the child’s family to gain their trust for the purpose of sexual abuse.
Other witnesses testified about Perrault’s admissions of child molestation, including an FBI Special Agent, a State Department employee, and one of the victim’s parents. The evidence against Perrault included two letters he wrote; one in which he apologized to the mother of another victim, and the other in which he admitted molesting “teens.”
The jury also learned that Perrault partially was responsible for the delay in bringing him to justice. The evidence established that in 1992, Perrault fled from New Mexico, eventually settling in Morocco, after learning that some of his victims intended publicly to reveal that he had sexually abused them.
Moroccan law enforcement authorities arrested Perrault on Oct. 12, 2017, in Morocco at the request of the United States on a provisional arrest warrant issued based on the indictment, which was filed on Sept. 21, 2017. Morocco ordered his extradition and the FBI assumed custody of Perrault from Moroccan authorities on Sept. 20, 2018, and transported him to the United States. He has been in federal custody since that time.
Perrault will remain in federal custody until his sentencing hearing, which has yet to be scheduled. At sentencing, Perrault faces a statutory maximum penalty of a lifetime term of imprisonment on the aggravated sexual abuse charges, and a maximum penalty of 10 years of imprisonment on the abusive sexual contact charge.
This case was investigated by the FBI Albuquerque office with assistance from the AFOIS Detachment 814. The extradition of Perrault from Morocco was the result of close cooperation between these two investigating agencies, the U.S. Attorney’s Office for the District of New Mexico, the Morocco Ministry of Justice, Moroccan law enforcement authorities, the Justice Department’s Office of International Affairs, and the FBI Legal Attaché in Morocco.
Assistant U.S. Attorneys Sean J. Sullivan and Holland S. Kastrin are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. 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 sexually abuse children and exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Information about this prosecution is available at https://www.justice.gov/usao-nm/priest-prosecution. Individuals may provide information about other conduct by Perrault by emailing the U.S. Attorney’s Office at [email protected] or calling the FBI’s Albuquerque Division at 1-800-CALL-FBI.