District of New Mexico
Press releases recorded for this federal judicial district.
Zuni Pueblo Man Pleads Guilty to Federal Assault and Voluntary Manslaughter ChargesRead the Press Release
ALBUQUERQUE – Vernon Poleahla, 34, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assault and voluntary manslaughter charges.
The FBI arrested Poleahla on May 3, 2018, charging him with killing one man and assaulting another man on Zuni Pueblo in McKinley County, N.M., on April 27, 2018. According to the complaint, Poleahla killed the first victim by stabbing him in the abdomen and assaulted the second victim by strangling him and stabbing him in the neck.
The Zuni Pueblo Tribal Police Department arrested Poleahla on tribal charges on April 27, 2018. Poheahla remained in tribal custody until he was arrested by FBI on May 3, 2018.
During today’s proceedings, Poleahla pled guilty to a felony information charging him with voluntary manslaughter and assault resulting in serious bodily injury. In entering the guilty plea, Poleahla admitted that on April 27, 2018, during an argument with one of the victims, he killed the first victim by stabbing him in the stomach. Poleahla also admitted assaulting the second victim by strangling and stabbing him in the neck. Poleahla acknowledged that the second victim became unconscious and suffered hypoxia and a four-centimeter laceration on his neck as the result of the assault.
At sentencing, Poleahla faces a statutory maximum penalty of 15 years in federal prison for the voluntary manslaughter charge and a maximum penalty of ten years in federal prison for the assault charge. He remains in federal custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the FBI and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Zuni Pueblo Man Pleads Guilty to Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Ernest Bewanika, 62, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty yesterday afternoon in federal court in Albuquerque, N.M., to abusive sexual contact of a minor charges. Bewanika’s plea agreement recommends a prison sentence within the range of 180 to 240 months followed by a term of supervised release to be determined by the court. Bewanika also will be required to register as a sex offender.
Bewanika was arrested on April 3, 2018, on a two-count indictment charging him with sexually abusing a child under the age of 12 years on two occasions; the first time between Nov. 2014 and Nov. 2015, and the second time between Nov. 2015 and Jan. 2016. According to the indictment, Bewanika committed the offenses on the Zuni Pueblo in McKinley County, N.M.
During yesterday’s proceedings, Bewanika pled guilty to a felony information charging him with two counts of abusive sexual contact. In entering the guilty plea, Bewanika admitted that he engaged in sexual contact with the victim between Nov. 6, 2014 and Nov. 5, 2015, when the victim was seven-years-old. Bewanika further admitted that he engaged in sexual contact with the same victim between Nov. 6, 2015 and Jan. 31, 2016, when the victim was eight-years-old. Bewanika remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Elisa Dimas is prosecuting 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/.
Laguna Pueblo Man Sentenced to Prison for Federal Arson ConvictionRead the Press Release
ALBUQUERQUE – Brian Dyea, 30, an enrolled member of Laguna Pueblo who resides in Mesita, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison followed by three years of supervised release for his conviction on an arson charge.
Dyea was arrested in Dec. 2017, on an indictment charging with him arson. According to the indictment, Dyea committed the crime by setting fire to and burning a building on Laguna Pueblo in Cibola County, N.M., on June 17, 2016.
On March 5, 2018, Dyea pled guilty to the indictment and admitted that on June 17, 2016, he set fire to his father’s trailer, which was located on the Laguna Pueblo, causing thousands of dollars of damage to the trailer. Dyea further admitted that he set the fire while his father was still inside the trailer, and his father suffered minor smoke inhalation.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department and was prosecuted by Assistant U.S. Attorney Elisa Dimas.
Roswell Man Charged with Federal Child Pornography OffensesRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., today found probable cause to support a criminal complaint charging Dain Justin Adams, 37, of Roswell, N.M., with child pornography offenses. The Magistrate Judge also remanded Adams into custody pending trial, which has yet to be scheduled.
The FBI arrested Adams on Sept. 19, 2018, on a criminal complaint charging him with possessing and distributing child pornography from May 2018 through June 2018, in Chaves County, N.M. According to the complaint, the investigation leading to Adams’ arrest began in May 2018, when a special agent of the New Mexico Attorney General’s Office who was working in an undercover capacity signed into a peer-to-peer file-sharing network which allegedly was used by individuals who shared child pornography. The special agent learned that an IP Address subscribed to Adams’ residence in Roswell allegedly was being used to share child pornography.
On June 27, 2018, state law enforcement executed a state search warrant on Adams’ residence. While executing the search warrant, law enforcement seized multiple devices including a computer, which allegedly contained at least seven videos of suspected child pornography.
The statutory penalty for a conviction on a distribution of child pornography charge is a mandatory minimum of five years and maximum of 20 years of imprisonment. The statutory penalty for a conviction on a possession of child pornography charge is a maximum of 20 years in 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 Roswell office of the FBI, the New Mexico Attorney General’s Office and the Chaves County Sheriff’s Office. Assistant U.S. Attorneys Marisa A. Ong and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting 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.
Rio Rancho Woman Pleads Guilty to Federal Charges Arising Out of Mail Theft SchemeRead the Press Release
ALBUQUERQUE – Felicia Gonzales, 31, of Rio Rancho, N.M., pled guilty today in federal court in Albuquerque, N.M, to a series of federal charges uncovered by a U.S. Postal Inspection Service investigation into a mail theft scheme. Gonzales entered her guilty plea without the benefit of a plea agreement.
U.S. Postal Inspectors arrested Gonzales on April 23, 2018, on a criminal complaint charging her with theft of mail, bank fraud, and identity theft. According to the complaint, the investigation revealed that in March 2018 and April 2018, Gonzales used a counterfeit U.S. Postal Service “arrow key” to access community mailboxes in neighborhoods throughout Albuquerque and steal mail. The investigation also revealed that Gonzales made unauthorized purchases using credit cards that were not delivered to their intended recipients. When she was arrested, Gonzales was armed with a pistol.
Gonzales subsequently was charged in an eleven-count indictment on May 9, 2018, with one count of being a felon in possession of a firearm and ammunition, four counts of possession of stolen mail, two counts of possession of a counterfeit U.S. Postal Service “arrow key,” three counts of bank fraud, and one count of aggravated identity theft. According to the indictment, Gonzales committed the offenses between Feb. 24, 2018 and April 23, 2018, in Bernalillo County, N.M., and elsewhere. The indictment charged Gonzales with committing the postal theft offenses by stealing mail from mailboxes by using a counterfeit U.S. Postal Service “arrow key.” The mail stolen included debit and credit cards with personal identifiers of victims, which were used to commit the bank fraud offenses.
During today’s change of plea hearing, Gonzales plead guilty to all eleven counts of the indictment.
Gonzales’ sentencing hearing has yet to be scheduled. At sentencing, Gonzales faces a maximum penalty of 30 years in federal prison on the bank fraud charges, ten years on the firearms charge, five years on the postal theft charges, and ten years on arrow key theft charges. Gonzales also faces a mandatory term of imprisonment of two years on the aggravated identity theft charge, which must be served consecutive to any other sentence imposed on the other charges.
The U.S. Postal Inspection Service investigated this case, which is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Rio Rancho Felon Sentenced to Seven Years in Prison for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Cory G. Bates, 29, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to 84 months in prison for violating the federal firearms laws by unlawfully possessing a firearm. Bates will be on supervised release for three years after completing his prison sentence.
Bates, whose prior criminal history includes felony convictions for aggravated burglary with a deadly weapon, armed robbery, aggravated battery with a deadly weapon, and cocaine trafficking, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Bates was arrested in June 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 9, 2016, in Bernalillo County, N.M. According to the indictment, Bates was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
On Feb. 5, 2018, Bates pled guilty to the indictment and admitted that on Jan. 9, 2016, he possessed a firearm and ammunition despite his status as a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney George C. Kraehe prosecuted the case.
Navajo Man from Socorro County Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Zane Vicente, 26, an enrolled member of the Navajo Nation who resides in Magdalena, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Vicente’s plea agreement recommends that he be sentenced within the range of 24 to 30 months in prison followed by a term of supervised release to be determined by the court.
Vicente was arrested on Sept. 29, 2017, on a criminal complaint charging him with stabbing a Navajo man with a knife. Vicente subsequently was indicted on Oct. 24, 2017, and was charged with assault resulting in serious bodily injury on July 29, 2017, on the Navajo Indian Reservation in Socorro County, N.M.
During today’s proceedings, Vicente pled guilty to the indictment, and admitted that on July 29, 2017, he stabbed the victim in the torso with a knife. Vicente acknowledged that the victim underwent surgery to repair a hernia to his diaphragm and other injuries caused by the stab wound he inflicted.
Vicente has been in custody since Jan. 2018, and will remain detained pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Michael D. Murphy.
Kewa Pueblo Man Sentenced to 18 Years for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Emery Calabaza, 50, an enrolled member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 216 months in prison followed by ten years of supervised release for his conviction on an aggravated sexual abuse of a minor charge. Calabaza will be required to register as a sex offender after completing his prison sentence.
Calabaza was arrested in June 2017, on a criminal complaint charging him with sexually abusing a Kewa Pueblo child under the age of 12 years on May 30, 2017. Calabaza subsequently was indicted on June 28, 2017. The indictment charged Calabaza with sexually abusing a minor under the age of 12 years on two occasions between May 1, 2017 and June 6, 2017, on Kewa Pueblo in Sandoval County, N.M.
On April 17, 2018, Calabaza pled guilty to a felony information charging him with aggravated sexual abuse. In entering the guilty plea, Calabaza admitted that between May 1, 2017 and June 6, 2017, he sexually abused the victim, who was under the age of 16-years-old.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Previously Convicted Sex Offender from Albuquerque Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Russell Young, 39, of Albuquerque, N.M., a sex offender serving a term of supervised release from a prior child pornography conviction, pled guilty yesterday in federal court in Las Cruces, N.M., to new child pornography charges.
The FBI arrested Young on June 15, 2018, on a criminal complaint charging him with distribution and possession of child pornography in Dona Ana County, N.M. According to the criminal complaint, on Oct. 13, 2011, Young was convicted of receiving child pornography, and was sentenced to 77 months of imprisonment followed by ten years of supervised release. The complaint charged Young with violating the terms of his supervised release in March 2017, Oct. 2017, and Nov. 2017, by unlawfully possessing cellular smartphones with internet access. The cellular smartphone seized from Young in Nov. 2017, contained multiple images of child pornography.
During yesterday’s change of plea hearing, Young pled guilty to a felony information charging him with distributing and possessing child pornography. In entering the guilty plea, Young admitted that on Nov. 4, 2017, he sent an image containing child pornography to another individual through social media. Young also admitted that on Nov. 8, 2017, law enforcement located multiple images of child pornography which were stored on Young’s smartphone.
At sentencing, on the distribution charge, Young faces an enhanced penalty of a mandatory minimum term of imprisonment of 15 years and a maximum of 40 years instead of the otherwise applicable penalty of five to 20 years of imprisonment. On the possession charge, Young faces an enhanced penalty of a mandatory minimum term of imprisonment of ten years and a maximum of 20 years instead of the otherwise applicable penalty of a ten-year maximum term of imprisonment. Young faces these enhanced penalties because of his prior child pornography conviction.
This case was investigated by the Las Cruces office of the FBI. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch office is prosecuting 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, visit http://www.justice.gov/psc/.
The case also is being prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
MEDIA ADVISORY-- Federal Officials to Hold Press Conference to Make Significant Law Enforcement AnnouncementRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the Albuquerque Division of the FBI, and Commander Todd J. Turner of the Air Force Office of Special Investigations, Detachment 814, will hold a press conference at 11:00 AM, TODAY, FRIDAY, SEPTEMBER 21, 2018, at the U.S. Attorney’s Office in Albuquerque, N.M., to make a significant law enforcement announcement.
WHO:
U.S. Attorney John C. Anderson
Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division
Commander Todd J. Turner of the Air Force Office of Special Investigations, Detachment 814
WHAT:
Press Conference
WHEN:
TODAY, FRIDAY, SEPTEMBER 21, 2018
11:00 A.M.
WHERE:
U.S. Attorney’s Office, District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 10:30 a.m. Inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at 505-224-1480 or [email protected].
Former Priest Extradited from Morocco to Face Federal Child Sexual Abuse Charges in New MexicoRead the Press Release
ALBUQUERQUE – 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, Detachment 814, announced today that Arthur Perrault has been extradited from Morocco to the United States to face federal child sexual abuse charges in New Mexico.
Perrault, 80, a former Catholic priest who served in New Mexico under the Archdiocese of Santa Fe from 1973 to 1992, is charged in a seven-count indictment with engaging in acts constituting aggravated sexual abuse and abusive sexual contact with a minor under the age of 12. The indictment alleges that Perrault repeatedly sexually abused 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.
“The indictment alleges a profound breach of trust by an individual who was widely perceived as a mentor to young people and a respected figure in the community,” said U.S. Attorney Anderson. “Although the indictment charges acts allegedly committed many years ago, this indictment should make clear that the U.S. Attorney’s Office will pursue justice for victims despite the passage of time or the many miles this defendant sought to put between himself and these alleged offenses.”
“Bringing Arthur Perrault back to New Mexico took a lot of patience and perseverance, but the FBI and our partners were determined to make sure he faced justice, no matter how long it took or how far we had to go to get him,” said FBI Special Agent in Charge Langenberg. “We also owed it to this victim. The FBI would like to thank the U.S. Attorney’s Office and the Air Force Office of Special Investigations for their support during this long investigation, and also extend our gratitude to the Moroccan government and our staff in that country for helping make this day possible.”
“The involvement of the Air Force Office of Special Investigations in this investigation was predicated on its role as the primary federal investigative agency for serious criminal issues affecting U.S. Air Force installations and personnel worldwide, and its responsibility to advise senior Air Force military and civilian leadership on all criminal issues affecting the Air Force,” said AFOSI Special Agent in Charge Dorval. “Our partnership with the FBI and the U.S. Attorney’s Office brought key capabilities to this investigation that were essential to filing charges in this case.”
Moroccan law enforcement authorities arrested Perrault on Oct. 12, 2017, in Morocco on a provisional arrest warrant issued based on the charges in the indictment, which was filed under seal on Sept. 21, 2017. The FBI assumed custody of Perrault from Moroccan authorities on Sept. 20. The indictment was unsealed earlier today after the U.S. Attorney’s Office notified the Court that the FBI had arrested Perrault and transported him from Morocco to the United States, and was in the process of transporting him to the District of New Mexico. Perrault is scheduled to make his initial appearance before U.S. Magistrate Judge Karen B. Molzen later this afternoon.
If convicted of the aggravated sexual abuse charges in the indictment, Perrault faces a statutory maximum penalty of a lifetime term of imprisonment. The abusive sexual contact charge carries a maximum penalty of 10 years of imprisonment. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI Albuquerque office with assistance from the Air Force Office of Special Investigations, Detachment 814, and is being prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Holland S. Kastrin of the District of New Mexico. The extradition of Perrault is the result of close cooperation between these investigating agencies and prosecutors, the Morocco Ministry of Justice, Moroccan law enforcement authorities, the Justice Department’s Office of International Affairs, and the FBI Legal Attaché in Morocco.
Perrault is being prosecuted 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 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/.
Starting today, information about the federal prosecution of Perrault, including the indictment, will be available at https://www.justice.gov/usao-nm/priest-prosecution. Also starting today, individuals may inquire about the pending charges or 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.
Perrault IndictmentEx-Sacerdote Extraditado De Marruecos Para Hacer Frente A Cargos Federales De Abuso Sexual De Menores En Nuevo MéxicoRead the Press Release
ALBUQUERQUE - John C. Anderson, Fiscal Federal de los EE. UU. por el Estado de Nuevo México, James C. Langenberg, Agente Especial Encargado, División de Albuquerque del Negociado Federal de Investigaciones (FBI por sus siglas en inglés) y Nicholas J. Dorval, Agente Especial Encargado, Oficina de Investigaciones Especiales de la Fuerza Aérea, Destacamento 814, anunciaron hoy que Arthur Perrault ha sido extraditado de Marruecos a los Estados Unidos para hacer frente a cargos federales de abuso sexual de menores en Nuevo México.
Perrault (80), un exsacerdote católico que cumplió con sus funciones de sacerdote bajo la Arquidiócesis de Santa Fe del 1973 at 1992, ha sido imputado en una acusación formal de siete cargos, de haber tomado parte en actos que constituyen abuso sexual con agravantes y conducta sexual abusiva con un menor de 12 años de edad. La acusación formal alega que Perrault repetitivamente abusó sexualmente de la víctima, un menor de edad, en 1991 y 1992, estando en propiedad federal protegida, la Base Aérea de Kirkland en el Condado de Bernalillo, N.M., y en el Cementerio Nacional de Santa Fe, en el Condado de Santa Fe, N.M.
“La acusación formal supone un gran abuso de confianza por parte de un individuo mayormente considerado consejero de gente joven y una figura respetada en la comunidad”, dijo Anderson, Fiscal Federal de los EE. UU. “Aunque la acusación formal imputa actos que supuestamente fueron cometidos hace muchos años, esta acusación formal deberá dejar claro que la Oficina del Fiscal Federal buscará justicia para las víctimas a pesar del paso del tiempo y las distancia que este acusado intentó poner entre él y las presuntas ofensas”.
“Traer a Arthur Perrault de regreso a Nuevo México tomó mucha paciencia y perseverancia, pero el FBI y nuestros compañeros estábamos decididos a asegurarnos que se enfrentaría a la justicia, sin importar la distancia ni el tiempo que tomara capturarlo”, dijo Langenberg, Agente Especial Encargado. “También se lo debíamos a la víctima. El FBI quisiera dar las gracias a la Oficina del Fiscal Federal de los EE. UU., y a la Oficina de Investigaciones Especiales de la Fuerza Aérea por su apoyo durante esta larga investigación y también extender nuestra gratitud al gobierno de Marruecos, así como a nuestro personal en ese país, por ayudar a que este día fuera posible”.
“La participación de la Oficina de Investigaciones Especiales de la Fuerza Aérea en ésta investigación se basó en el papel que desempeña como agencia federal que investiga asuntos criminales serios que afectan instalaciones de la Fuerza Aérea de los EE. UU. y a su personal en todo el mundo, y en su responsabilidad de asesorar al liderazgo mayor militar y civil de la Fuerza Aérea sobre asuntos criminales afectando a la Fuerza Aérea”, dijo Dorval, Agente Especial a cargo de la Oficina de Investigaciones Especiales de la Fuerza Aérea, (AFOSI por sus siglas en inglés). “Nuestra asociación con el FBI y con la Oficina del Fiscal Federal trajo a la luz partes claves a la investigación, mismas que fueron esenciales en la presentación de cargos”.
Autoridades policiacas Marroquíes arrestaron a Perrault en 12 de octubre, 2017 en Marruecos bajo una orden de arresto provisional basada en los cargos de la acusación formal que había sido presentada bajo sello el 21 de septiembre, 2017. El FBI asumió custodia de Perrault de autoridades Marroquíes el 20 de septiembre. La acusación formal se abrió oficialmente hoy, después que la oficina del fiscal federal le notificara al tribunal que el FBI había arrestado a Perrault y lo había transportado de Marruecos a los Estados Unidos, y estaba en proceso de transportarlo al Distrito de Nuevo México. Perrault está programado para hacer su comparecencia inicial ante la Juez Magistrada de los Estados Unidos, Karen B. Molzen esta tarde.
De ser encontrado culpable de los cargos de abuso sexual con agravantes tal como se le imputa, Perrault enfrenta una pena legal máxima de cadena perpetua. El cargo de contacto sexual abusivo conlleva una pena máxima de diez años de prisión. Cargos en acusaciones formales son simplemente acusaciones, y los acusados se presumen inocentes hasta ser hallados culpables más allá de duda razonable.
Este caso fue investigado por la oficina del FBI de Albuquerque con la ayuda de la Oficina de Investigaciones Especiales de la Fuerza Aérea, Destacamento 814, y está siendo encausado por los Fiscales Federales Auxiliares Sean J. Sullivan y Holland S. Kastrin del Distrito de Nuevo México. La extradición de Perrault es el resultado de la cooperación estrecha entre estas agencias investigativas y fiscales, el Ministerio de Justicia de Marruecos, autoridades policiacas de Marruecos, la Oficina de Asuntos Internacionales del Departamento de Justicia y el agregado legal del FBI en Marruecos.
Perrault está siendo procesado como parte del Proyecto Niñez Segura (Project Safe Childhood), una iniciativa nacional que comenzó en Mayo de 2006 y fue creada por el Departamento de Justicia para combatir la creciente epidemia de explotación y abuso sexual de menores. Encabezado por oficinas de los Fiscales Federales de los Estados Unidos, la Sección de Obscenidad y Explotación de Menores de la División Criminal del Departamento de Justicia, alguaciles federales del Proyecto Niñez Segura y recursos locales y estatales para localizar, arrestar y procesar a individuos que explotan a los niños a través de la Internet, así como también para identificar y rescatar a víctimas. Para información sobre el Proyecto Niñez Segura, por favor visite http://www.justice.gov/psc/.
A partir de hoy, información sobre el procesamiento federal de Perrault, incluyendo la acusación formal, estará disponible en http://www.justice.gov/usao-nm/priest-prosecution. También a partir de hoy, personas pueden obtener información sobre los cargos pendientes o dar información acerca de otra conducta de Perrault, enviando un correo electrónico a la oficina del Fiscal Federal de los Estados Unidos por el Distrito de Nuevo México a [email protected] o llamando al FBI, División de Albuquerque at 1-800-CALL-FBI.
Perrault Acusacion FormalAncien Prêtre Extradé Du Maroc Pour Répondre À Des Accusations Fédérales D’abus Sexuels Sur Une Personne Mineure Au Nouveau-MexiqueRead the Press Release
ALBUQUERQUE – Aujourd’hui, le procureur fédéral John C. Anderson du district du Nouveau-Mexique et l’agent spécial en charge James C. Langenberg de l’antenne régionale du FBI à Albuquerque, avec l’agent spécial en charge Nicholas J. Dorval du Bureau d’enquêtes spéciales des Forces aériennes des États-Unis, détachement no 814, ont annoncé qu’Arthur Perrault a été extradé du Maroc vers les États-Unis pour répondre à des accusations fédérales d’abus sexuel d’un enfant au Nouveau-Mexique.
Perrault, âgé de quatre-vingt (80) ans et un ancien prêtre catholique ayant servi au Nouveau-Mexique dans l’archidiocèse de Santa Fe de 1973 à 1992, est inculpé de sept chefs d’accusations relatives à des abus sexuels qualifiés et au contact sexuel abusif avec un mineur qui n’avait pas encore atteint l’âge de douze (12) ans. L’acte d’accusation soutient que Perrault a abusé sexuellement de la victime mineure à plusieurs reprises en 1991 et en 1992 pendant qu’il se trouvait sur la base aérienne Kirtland dans le comté de Bernalillo et au cimetière national Santa Fe dans le comté de Santa Fe, lesquels sont des territoires protégés par le gouvernement fédéral.
Selon le procureur fédéral Anderson, « L’acte d’accusation soutient un abus de confiance grave par un individu généralement considéré comme un mentor pour les jeunes et une personne respectée dans la communauté ». Il continue : « Bien que l’acte d’accusation l’accuse d’actes qui auraient étés commises il y a longtemps, cette accusation devrait indiquer clairement que le Bureau du procureur fédéral demandera justice pour les victimes malgré le passage du temps ou la grande distance que l’accusé a essayé d’établir entre lui et ces infractions alléguées ».
Il a fallu beaucoup de patience et de détermination pour ramener Arthur Perrault au Nouveau-Mexique, mais le FBI et nos partenaires étaient résolus à le traduire en justice, quelle que soit la durée des affaires ou la distance parcourue pour le trouver », a remarqué l’agent spécial en charge Langenberg. « En outre, nous le devions à la victime. Le FBI souhaite remercier le Bureau du procureur fédéral et le Bureau d’enquêtes spéciales des Forces aériennes des États-Unis pour leur soutien durant cette longue enquête. Nous souhaitons également remercier vivement le gouvernement du Maroc et notre personnel sur place sans lesquels rien de tout cela n’aurait été possible ».
Le Bureau d’enquêtes spéciales des Forces aériennes des États-Unis a participé dans cette enquête, compte tenu de leur rôle en tant qu’agence fédérale principale chargée d’enquêter sur les affaires pénales graves ayant lieu sur les installations des Forces aériennes ou impliquant du personnel des Forces aériennes au niveau mondial, et leur responsabilité de conseiller la haute direction militaire et civile des Forces aériennes sur toute affaire pénale touchant les Forces aériennes », a ajouté l’agent spécial en charge Nicholas J. Dorval. « Les capacités clés issues de notre partenariat avec le FBI et le Bureau du procureur fédéral ont permis de déposer lesdites accusations dans cette affaire ».
Des autorités des forces de l’ordre marocaines ont arrêté Perrault le 12 octobre 2017 au Maroc sur base d’un mandat d’arrestation provisoire délivré comme résultat des chefs figurant sur l’acte d’accusation, lequel a été déposé sous scellé le 21 septembre 2017. Les autorités marocaines ont délivré Perrault aux autorités du FBI le 20 septembre. Le scellé a été levé plus tôt aujourd’hui après que le Bureau du procureur fédéral a avisé la Cour de l’arrestation de Perrault par le FBI et le transport de l’accusé du Maroc aux États-Unis, et que le FBI était en train de le transporter vers le district du Nouveau-Mexique. Il est prévu que Perrault comparaîtra pour la première fois devant le juge d’instruction fédéral Karen B. Molzen cet après-midi.
S’il est condamné des accusations d’abus sexuel qualifié figurant sur l’acte d’accusation, Perrault est passible d’une peine statutaire maximale d’emprisonnement à vie. L’accusation de contact sexuel abusif est passible d’une peine maximale de dix (10) ans de prison. Les chefs dans un acte d’accusation ne sont que des allégations et les accusés sont présumés innocents jusqu’à ce que leur culpabilité soit établie au-delà de tout doute raisonnable devant un tribunal.
L’antenne régionale du FBI à Albuquerque, avec l’aide du Bureau d’enquêtes spéciales des Forces aériennes des États-Unis, détachement no 814, a mené cette enquête, et les procureurs fédéraux adjoints Sean J. Sullivan et Holland S. Kastrin du district du Nouveau-Mexique engagent les poursuites. L’extradition de Perrault est le résultat d’une étroite collaboration entre ces agences d’enquête, les procureurs, le Ministère de la Justice du Maroc, des autorités des forces de l’ordre marocaines, le Bureau des affaires internationales du Département de la Justice des États-Unis et l’Attaché juridique près l’ambassade des États-Unis au Maroc.
Perrault sera poursuivi en justice dans le cadre du projet « Project Safe Childhood », un effort national initié en mai 2006 par le Département de la Justice pour combattre l’épidémie croissante de l’exploitation et abus sexuel des enfants. Mené par les bureaux des procureurs fédéraux et la Branche sur l’exploitation infantile et l’obscénité au sein de la Division contre la criminalité du Département de la Justice, le « Project Safe Childhood » a pour objet de localiser, interpeller et poursuivre en justice les individus qui exploitent les enfants en utilisant l’Internet, et d’identifier et sauver les victimes en rassemblant les ressources de l’État, des régions et des localités. Pour plus de renseignements sur « Project Safe Childhood », veuillez consulter le site Web http://www.justice.gov/psc/.
À partir d’aujourd’hui, des informations sur les poursuites fédérales contre Perrault, y compris l’acte d’accusation, seront disponibles sur https://www.justice.gov/usao-nm/priest-prosecution. En outre, pour demander des renseignements sur les accusations contre lui ou pour fournir des informations sur d’autres activités de Perrault, on vous invite désormais à contacter le Bureau du procureur fédéral par courriel à l’adresse [email protected] ou de téléphoner à l’antenne régionale du FBI à Albuquerque au 1-800-2255-324.
Perrault Acte D' AccusationKewa Pueblo Woman Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Lena Quintana, 44, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to a voluntary manslaughter charge.
Quintana was arrested on Nov. 27, 2017, on an indictment charging her with second degree murder on Sept. 7, 2016, on the Kewa Pueblo in Sandoval County, N.M. According to the indictment, Quintana killed the victim by hitting him with a vehicle.
During yesterday’s proceedings, Quintana pled guilty to a felony information charging her with voluntary manslaughter. In entering the guilty plea, Quintana admitted that on Sept. 7, 2016, she killed the victim by driving her vehicle at a high rate of speed towards the victim and hitting him while he was walking on the side of the road. Quintana acknowledged that the victim died as the result of her actions.
At sentencing, Quintana faces a statutory maximum penalty of 15 years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.
MEDIA ADVISORY-- U.S. Attorney’s Offices for the Districts of Utah, New Mexico, Arizona and Colorado to Hold 26th Annual Four Corners Indian Country Conference in Santa Fe, N.M.Read the Press Release
ALBUQUERQUE – The U.S. Attorney’s Office for the District of Utah along with the U.S. Attorney’s offices for the Districts of New Mexico, Colorado and Arizona will host the 26th Annual Four Corners Indian Country Conference at the Buffalo Thunder Hotel in Santa Fe, N.M., on Sept. 18-20, 2018.
The annual conference, which is sponsored by the U.S. Department of Justice’s Office for Victims of Crime and the U.S. Attorneys for the Districts of Utah, New Mexico, Colorado and Arizona, promotes a collaborative approach to addressing the needs of victims of crime in Indian Country in the Four Corners’ region. In addition to representatives of the four U.S. Attorney’s Offices and other DOJ agencies, conference participants will include tribal leaders, victim advocates and social services providers, tribal judges and prosecutors, and law enforcement officers.
This annual conference, which is hosted by each of the four districts on a rotating basis, exemplifies the Justice Department’s commitment to addressing the high rates of victimization of our women and children in our Native communities. The conference theme – “Exploring the Power of our Work: Building our Capacity to Assist Victims and Strengthening our Own Ability to be Resilient” – embodies what the Department of Justice is striving to achieve in Indian Country; helping victims overcome trauma, and preventing these crimes from reoccurring in the future. The conference provides a forum for developing strategies for assisting victims of crime and tackling other serious public safety challenges confronting our Native communities. It provides an opportunity for DOJ officials to hear from members of our Native communities about their needs and to work with them to address their unique challenges.
The opening session of the 26th Annual Four Corners Indian Country Conference on Tuesday, Sept. 18, 2018, will be open press and will include welcoming remarks by Utah U.S. Attorney John W. Huber, New Mexico U.S. Attorney John C. Anderson, Colorado First Assistant U.S. Attorney Matthew Kirsch and Arizona First Assistant U.S. Attorney Elizabeth A. Strange. The opening session on the second day of the conference on Wednesday, Sept. 19, 2018, will also be open press and will include opening remarks from Jesse Panuccio, Principal Deputy Associate Attorney General of the U.S. Department of Justice. Justice Department officials will be available for interviews at the conclusion of the opening sessions.
WHO:
Principal Deputy Associate Attorney General Jesse Panuccio of the Department of Justice
U.S. Attorney John W. Huber for the District of Utah
U.S. Attorney John C. Anderson for the District of New Mexico
First Assistant U.S. Attorney Matthew Kirsch for the District of Colorado
Fist Assistant U.S. Attorney Elizabeth A. Strange for the District of Arizona
WHAT:
Opening sessions of the 26th Annual Four Corners Indian Country Conference
WHEN:
TUESDAY, SEPT. 18, 2018, 1:00 P.M. – 2:00 P.M.
WEDNESDAY, SEPT. 19, 2018, 8:30 A.M. – 9:00 A.M.
WHERE:
Hilton Santa Fe Buffalo Thunder
20 Buffalo Thunder Trail
Santa Fe, N.M., 87506
OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-366-1463 or [email protected].
Navajo Man from McKinley County Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Joe Lee Haines, 36, an enrolled member of the Navajo Nation who resides in Tinian, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child abuse charge. Haines’ plea agreement recommends a prison sentence of a year and a day followed by a term of supervised release to be determined by the court.
Haines was arrested on Sept. 21, 2017, on a criminal complaint charging him with child abuse. According to the complaint, Haines placed the barrel of a firearm into the mouth of an 11-year-old child. Haines subsequently was indicted on Oct. 11, 2017, and charged with child abuse on Sept. 1, 2017, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Haines pled guilty to the indictment and admitted that on Sept. 1, 2017, while he was intoxicated, he accused a child under the age of 18 years of stealing money from his wallet. After the child fell asleep, Haines admitted that he placed a rifle into the child’s mouth, accused the child of taking money and threatened to pull the trigger.
A sentencing hearing has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.
Grant County Man Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Timothy Marquez, 23, of Bayard, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with receiving and possessing child pornography. Marquez remains in federal custody pending a preliminary hearing and a detention hearing, both of which are currently scheduled for Sept. 25, 2018.
According to the criminal complaint, the investigation leading to Marquez’s arrest began in Dec. 2017, when the New Mexico State Police (NMSP) followed up on a report from the National Center for Missing and Exploited Children regarding an email address subscribed to Marquez’s Bayard residence that allegedly was used to upload at least 22 files of child pornography. On May 15, 2018, the NMSP executed a search warrant at the residence.
While executing the search warrant, the officers seized several items including several digital media devices. The complaint further alleges that Marquez used online social networking websites to receive and view child pornography.
The statutory penalty for a conviction on a receipt of child pornography charge is a statutory mandatory minimum penalty of five years and maximum penalty of 20 years of imprisonment. The statutory penalty for a conviction on a possession of child pornography charge is a statutory maximum penalty of ten years imprisonment. 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 Homeland Security Investigations, the NMSP and the Las Cruces Police Department. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting 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/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.
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.
San Felipe Pueblo Man Pleads Guilty to Aggravated Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Alvin J. Valencia, 60, an enrolled member and resident of San Felipe Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an aggravated sexual abuse charge. Valencia entered the guilty plea under a plea agreement that recommends a term of imprisonment within the range of 180 to 240 months followed by a term of supervised release to be determined by the court. Valencia also will be required to register as a sex offender.
Valencia was arrested in Feb. 2018, on a criminal complaint charging him with repeatedly sexually abusing a San Felipe Pueblo child between the ages of 12 and 16 years from Jan. 2017 through Dec. 2017.
Valencia subsequently was charged in a two-count indictment filed on Feb. 14, 2018, with sexually abusing a minor between the ages of 12 and 16 years from May 2017 through Sept. 2017, on the San Felipe Pueblo in Sandoval County, N.M.
During today’s proceedings, Valencia pled guilty to a felony information charging him with aggravated sexual abuse. In entering the guilty plea, Valencia admitted that between May 2017 and Sept. 2017, he sexually abused a 14-year-old victim.
Valencia was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Joseph M. Spindle is prosecuting this 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/.
Navajo Man from Mexican Springs, N.M., Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Daniel Jimmy Morgan, 29, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge.
The FBI arrested Morgan on Aug. 3, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on July 29, 2016. According to the criminal complaint, Morgan killed the victim by kicking the victim in the head and hitting him in the back and knees with a sledgehammer.
Morgan was indicted on Aug. 23, 2016, and was charged with second-degree murder. According to the indictment, Morgan committed the offense on July 29, 2016, in McKinley County.
During today’s proceedings, Morgan pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Morgan admitted that on July 29, 2016, he killed the victim by striking the victim in the head and chest with the intent to cause serious bodily injury.
The Navajo Nation Division of Public Safety arrested Morgan on tribal charges on July 30, 2016. Morgan was transferred into federal custody when he was arrested by the FBI on Aug. 3, 2016. Morgan has been in federal custody since that time and will remain detained until his sentencing hearing, which has yet to be scheduled. At sentencing, Morgan faces a maximum penalty of 15 years in federal prison.
The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Sarah Mease.
El Paso, Texas, Man Pleads Guilty to Federal Drug Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Luis Trejo, 54, of El Paso, Texas, pled guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Trejo was arrested on April 16, 2018, on a three-count indictment charging him with distributing methamphetamine on three dates in June 2017. According to the indictment, Trejo committed the offenses in Dona Ana County, N.M.
During today’s proceedings, Trejo pled guilty to the indictment and admitted distributing quantities of methamphetamine to an undercover law enforcement agent on the following dates: approximately 52 grams on June 13, 2017; approximately 55 grams on June 15, 2017; and approximately 52 grams on June 21, 2017. Trejo acknowledged obtaining the methamphetamine from an individual and distributing the methamphetamine to others in exchange for money.
At sentencing, Trejo faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Deming Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Christopher Hernandez Meza, 35, of Deming, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to distributing child pornography. Based on his guilty plea, Meza faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in prison. He also will be required to register as a sex offender after he completes his prison sentence.
Meza was arrested in May 2018, on a criminal complaint charging him with possessing and distributing child pornography from March 2018 through April 2018, in Luna County, N.M. According to the criminal complaint, the investigation leading to Meza’s arrest was initiated in March 2018, after an FBI agent who was working in an undercover capacity in Oklahoma signed into a publicly available peer-to-peer file-sharing network that was being used by individuals who were sharing child pornography images and videos. The agent learned that an IP Address and email address subscribed to Meza were being used to share child pornography.On May 3, 2018, the FBI executed a search warrant at Meza’s residence. While executing the search warrant, FBI agents seized a computer that contained more than a dozen video files and more than a hundred image files of child pornography.
During today’s proceedings, Meza pled guilty to a felony information charging him with distributing child pornography. In entering the guilty plea, Meza admitted that on March 27, 2018, he distributed child pornography by giving another person, who unbeknownst to Meza was an undercover law enforcement agent, access to a password protected online file folder, which contained numerous images of minors engaged in sexually explicit conduct.
Meza has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Las Cruces office of the FBI with assistance from the Deming Police Department and the Deming office of New Mexico State Probation. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting 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/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the National Center for Missing and Exploited Children at 1-800-THE-LOST.
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.
Another Texas Businessman Pleads Guilty to Participating in Multi-Million Dollar Fraud Scheme that Exploited Big Crow Program Office at Kirtland Air Force BaseRead the Press Release
ALBUQUERQUE – Arturo Vargas, 55, a businessman from El Paso, Texas, pleaded guilty today in federal court in Albuquerque, N.M., to participating in a fraudulent scheme to defraud the United States out of millions of dollars through contracts involving the now defunct Big Crow Program Office at Kirtland Air Force Base in Bernalillo County, N.M.
Vargas entered the guilty plea to one of the conspiracy charges in the 46-count indictment charging him with conspiring to defraud the United States with respect to claims. Vargas’s plea agreement, attached to this press release, includes a five-page admission of facts in which he acknowledges and accepts responsibility for the criminal conduct attributed to him in the indictment.
Vargas remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. Under the terms of the plea agreement, Vargas will be sentenced to a term of imprisonment within the range of 0 to 21 months, and the Court will determine any fine, restitution, and the length and conditions of supervised release imposed on Vargas. The United States has agreed to move to dismiss the remaining charges against Vargas after he is sentenced.
Vargas’s business partner, Jose Diaz, 59, also of El Paso, previously entered a guilty plea and admitted his involvement in the fraudulent scheme in April 2018. Diaz pled guilty to three counts, a conspiracy charge and two fraud charges, of the indictment and acknowledged the criminal conduct attributed to him in the indictment. Diaz remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. His sentencing exposure is discussed below. The United States will move to dismiss the remaining charges against Diaz after he is sentenced.
Summary of the Indictment
Vargas, Diaz, and their co-defendants, Milton Boutte, 73, of Moriarty, N.M., and George Lowe, 56, of Fort Washington, Md. were indicted in Nov. 2017, in a 46-count indictment charging them with perpetuating a fraudulent scheme to defraud the United States from Oct. 2004 through Feb. 2009, in Bernalillo County, N.M., and elsewhere. The indictment generally alleged that the defendants perpetuated their scheme by submitting fraudulent invoices to federal agencies and fraudulently participating in a government program intended to promote minority-owned small businesses. According to the indictment, beginning in fall 2004, Boutte, who was then the Director of the Big Crow Program Office, and Lowe, a lobbyist, conspired and schemed with Diaz and Vargas, owners of minority-owned small businesses who had contracts with the Big Crow Program Office, to pay lobbyists, consultants and contractors with funds fraudulently obtained from the United States. The defendants allegedly did so even though the Big Crow Program Office was not authorized to lobby or to expend appropriated funds for lobbying activities under the contracts they were operating under.
The indictment alleged that the defendants facilitated their fraudulent scheme by exploiting a U.S. Small Business Administration (SBA) program intended to promote the development of small businesses owned by socially and economically disadvantaged individuals by making them eligible to obtain sole-source contracts from government agencies without competitive bidding. In April 1995, Diaz enrolled his company, Miratek, in the SBA program and in 2004 Miratek received a sole-source contract to provide technical and managerial support for the Big Crow Program Office. After the sole-source contract was awarded to Miratek, the defendants allegedly conspired fraudulently to misapply funds to pay Lowe and other lobbyists for lobbying on Big Crow’s behalf, allegedly diverting at least $529,000 of the contract funds to pay Lowe and his firm, Broadcreek Associates. This allegedly violated the conditions of the SBA program and of Miratek’s contract because lobbying services were not within the authorized scope of work and because Lowe was not an employee of Miratek. In furtherance of their alleged frauds, the defendants allegedly disguised the nature of the claims for services purportedly provided by Lowe and other lobbyists.
The indictment alleged that, in April 2004, after Miratek’s eligibility for the SBA program expired, the defendants created a joint venture to take its place in the fraudulent scheme. According to the indictment, Diaz and Vargas created a joint venture known as Vartek, LLC, to afford Diaz the ability to continue to have access to sole-source contracts under the SBA program and to enable the defendants to continue to perpetuate their scheme to defraud the United States. The SBA relied on the promises and representations of Diaz and Vargas and approved the Vartek joint venture on Dec. 20, 2005. Vartek was awarded two sole-source contracts, valued at approximately $3,209,116 and $3,847,939, respectively, to provide technical and analytical support for the Big Crow Program Office similar to the contracts previously awarded to Miratek.
The indictment further alleged that Diaz and Vargas misappropriated funds authorized under the Vartek contracts to pay Lowe and other unauthorized lobbyists, consultants and contractors at Boutte’s direction. Diaz and Vargas submitted fraudulent invoices to the U.S. Army Contracting Agency containing claims for payment for services purportedly provided by Lowe and other lobbyists, consultants and contractors. To conceal and disguise the nature of those payments, Diaz and Vargas misrepresented in those invoices that Lowe and other lobbyists, consultants and contractors were Vartek employees. To further disguise the diversion of large sums, Diaz and Vargas made fictional claims for work purportedly performed under the contracts by other persons. Diaz and Vargas fabricated the hours that those purported employees worked on the contracts. Diaz and Vargas falsely represented that the lobbyists and consultants were “project managers” and billed the government at or near the highest rate allowed under the contracts. In aggregate, Diaz and Vargas fraudulently claimed and obtained payments under the Vartek contracts totaling more than $5,800,000 for lobbyists, consultants and unauthorized contractors, of which at least $506,000 was diverted and paid to Lowe and his firm, Broadcreek Associates. Diaz also falsified and fabricated the hours that he himself worked under those contracts.
The indictment includes forfeiture provisions requiring that the defendants forfeit to the United States any property, real or personal, which constitutes or is derived from proceeds of their crime if the defendants are convicted of the offense of conspiracy to commit wire fraud.
Statutory Penalties for Charges in Indictment 17-CR-3338-JB
Count 1 charges Boutte, Diaz, Vargas and Lowe with conspiracy to defraud the United States with respect to claims, in violation of 18 U.S.C. § 286, and carries a maximum penalty of ten years of imprisonment and a fine of not more than $250,000 or twice the pecuniary loss or gain.
Count 2 charges Boutte, Diaz, Vargas and Lowe, with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and carries a maximum penalty of 20 years of imprisonment and a fine of not more than $250,000 or twice the pecuniary loss or gain.
Counts 3 and 4 charge Boutte, Diaz and Vargas with fraud against the United States, in violation of 18 U.S.C. § 1031, and aiding and abetting such fraud, in violation of 18 U.S.C. § 2. Each charge carries a maximum penalty of 20 years of imprisonment and a fine not more than $5,000,000 if the loss is less than $500,000, but not to exceed $10,000,000 in the aggregate.
Counts 5 through 46 charge certain of the defendants with making false, fictitious and fraudulent claims, in violation of 18 U.S.C. § 287, and aiding and abetting the making of such claims, in violation of 18 U.S.C. § 2. Each charge carries a maximum penalty of five years of imprisonment and a fine of not more than $250,000. Counts 5 through 9 charge Boutte, Diaz and Lowe; Counts 10 through 22 charge Boutte, Diaz, Vargas and Lowe; Counts 23 through 24 charge Boutte, Diaz and Vargas; and Counts 25 through 46 charge Boutte, Diaz and Vargas.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Major Procurement Fraud Unit of the U.S. Army Criminal Investigations Command, Defense Criminal Investigations Services, Defense Contract Audit Agency – Investigative Support, and U.S. Small Business Administration Office – Office of Inspector General, and General Services Administration – Office of Inspector General. Assistant U.S. Attorneys Timothy S. Vasquez and Jeremy Peña are prosecuting the case.
Vargas Plea AgreementSan Felipe Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Jordan Sandoval, 34, an enrolled member and resident of San Felipe Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Sandoval entered his guilty plea without the benefit of a plea agreement.
Sandoval was arrested in April 2018, on an indictment charging him with assaulting a woman, resulting in serious bodily injury. According to the indictment, Sandoval committed the offense on the San Felipe Pueblo in Sandoval County, N.M.
Sandoval was remanded into custody after entering his guilty plea and will remain detained pending his sentencing hearing. At sentencing, Sandoval faces a maximum statutory penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Sandoval County Sheriff’s Office. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
Federal Grand Jury Indicts Amalia Compound Defendants on Firearms and Conspiracy ChargesRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has indicted Jany Leveille, 35, Siraj Ibn Wahhaj, 40, Hujrah Wahhaj, 37, Subhanah Wahhaj, 35, and Lucas Morton, 40, on firearms and conspiracy charges, announced U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.
The indictment, which was filed this afternoon, charges the five defendants, residents of a compound in Amalia, in Taos County, N.M., with conspiring knowingly to provide an alien illegally and unlawfully in the United States, possession of firearms and ammunition. The indictment also charges Leveille, a Haitian national illegally and unlawfully in the United States, with possession of firearms and ammunition.
The conspiracy charge alleges that the defendants conspired to provide Leveille, an alien unlawfully in the United States, with firearms and ammunition from at least Nov. 2017 through Aug. 2018. The indictment alleges that, as part of the conspiracy, the defendants transported firearms and ammunition from Georgia to New Mexico in Dec. 2017. The indictment further alleges that, between Dec. 2017 and Aug. 2018, the defendants established a training camp and firing range in Taos County, where they stored firearms and ammunition and engaged in firearms and tactical training as part of their common plan to prepare for violent attacks on government, military, educational, and financial institutions.
The FBI arrested the defendants on Aug. 31, 2018, on a federal criminal complaint that charged Leveille with being an alien unlawfully in possession of firearms and ammunition. The complaint also charged Leveille’s four co-defendants with aiding and abetting her in committing the offense, and with conspiring with her to commit the offense.
The defendants are scheduled to appear in federal court in Albuquerque at 1:00 pm, tomorrow, Sept. 12, 2018, to be arraigned on the indictment and for detention hearings.
If convicted on the conspiracy charge, the five defendants each face a statutory penalty of five years of imprisonment. If convicted on the firearms charge, Leveille faces a statutory maximum penalty of ten years of imprisonment and deportation upon completion of her sentence. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The Albuquerque Division of the FBI investigated the case, with the assistance of the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, and the 8th Judicial District Attorney’s Office. Assistant U.S. Attorneys George C. Kraehe and Kimberly A. Brawley are prosecuting the case.
Leveille IndictmentAlbuquerque Woman Pleads Guilty to Federal Production of Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Danielle Glotfelty, 32, of Albuquerque, N.M., pleaded guilty this morning in federal court to a production of child pornography charge. Danielle Glotfelty entered the guilty plea under a plea agreement that recommends that she be sentenced to an 18-year term of imprisonment followed by at least five years of supervised release. Danielle Glotfelty also will be required to register as a sex offender after she completes her prison sentence.
The FBI charged Danielle Glotfelty in a criminal complaint filed on June 6, 2017, with producing child pornography in April 2014, in Bernalillo County, N.M. According to the complaint, the Albuquerque Police Department (APD) initiated an investigation into Danielle Glotfelty’s co-defendant Christopher Glotfelty, 36, also of Albuquerque, in May 2017, after receiving information and evidence supporting allegations that Christopher Glotfelty produced child pornography of himself engaging in sexual activity with two minor victims. The complaint alleged that images of child pornography were contained in four thumb drives, two memory sticks, and a camera that allegedly belonged to Christopher Glotfelty.
Danielle Glotfelty and Christopher Glotfelty subsequently were charged with child pornography offenses in a six-count indictment filed on July 11, 2017. The indictment charged Danielle Glotfelty and Christopher Glotfelty with producing child pornography on March 5, 2014. It also charged Christopher Glotfelty with producing child pornography on April 29, 2014, and possessing child pornography on two thumb drives and a memory stick within a camera on May 11, 2017. According to the indictment, the defendants committed the crimes in Bernalillo County.
During today’s proceedings, Danielle Glotfelty pled guilty to one count of producing child pornography. In entering the guilty plea, Danielle Glotfelty admitted that in March 2014 and April 2014, she aided and abetted Christopher Glotfelty in producing child pornography involving a seven-year-old child. Danielle Glotfelty’s plea agreement recommends that she serve her federal sentence concurrently with any prison sentence imposed in the state case in which she is being prosecuted on related state charges.
On July 25, 2018, Christopher Glotfelty pled guilty to one count of producing child pornography and one count of possessing child pornography. In entering the guilty plea, Christopher Glotfelty admitted that on March 5, 2014, he used a digital camera to produce child pornography of a seven-year-old child, and saved the video recording on a memory stick within the digital camera. Christopher Glotfelty also admitted that from 2014 through May 2017, he possessed a thumb drive that contained approximately 297 images and nine videos of child pornography. Under the terms of his plea agreement, Christopher Glotfelty will be sentenced to 25 years of imprisonment followed by 15 years of supervised release. Christopher Glotfelty will also be required to register as a sex offender after he completes his prison sentence.
Danielle Glotfelty and Christopher Glotfelty have been in federal custody since their arrests and will remain detained pending their sentencing hearing, which have yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the APD. Assistant U.S. Attorney Jonathon M. Gerson is prosecuting 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.
Albuquerque Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Jesus Manuel Almanza, 23, of Albuquerque, N.M., pled guilty yesterday in federal court to a bank robbery charge. Almanza entered the guilty plea without the benefit of a plea agreement.
The FBI arrested Almanza in April 2018, on a criminal complaint charging him with robbing the Wells Fargo bank branch located at 7827 4th Street NW, in Albuquerque on April 24, 2018. According to the complaint, Almanza jumped over the teller station in the bank, demanded money, opened the bank teller’s drawer, and took its contents. Almanza then stole money from another bank teller before casually walking out of the bank and departing the area in a vehicle.
According to the complaint, the Bernalillo County Sheriff’s Office (BCSO) was able to obtain a residential address in Albuquerque, based on the registered owner of the vehicle in which Almanza left the scene of the bank robbery. Later that day, BCSO deputies arrested Almanza at the Albuquerque residence. Thereafter, the FBI executed a consensual search at the residence with the homeowner’s consent and seized a large sum of cash and found the vehicle in the garage.
Almanza was indicted on May 9, 2018, and was charged with bank robbery on April 24, 2018, in Bernalillo County, N.M.
Almanza was remanded into custody after entering his guilty plea; he will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Almanza faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Howard Thomas is prosecuting the case.
Texas Woman Sentenced to Prison for Federal Cocaine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Candy May Gonzales, 34, of Canutillo, Texas, entered a guilty plea today in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of 4.06 kilograms (8.95 pounds) of cocaine at the U.S. Border Patrol Checkpoint near Las Cruces. Immediately following the change of plea hearing, Gonzales was sentenced to 37 months in prison followed by four years of supervised release.
The DEA arrested Gonzales and co-defendant Carlos Ivan Todd, 31, also of Canutillo, Texas, in Oct. 2017, on a criminal complaint charging them with possession of 4.0 kilograms of cocaine with intent to distribute in Dona Ana County, N.M. According to the complaint, U.S. Border Patrol agents arrested Todd and Gonzales at the U.S. Border Patrol Checkpoint on I-25 near Las Cruces after the agents seized three bundles of cocaine concealed in the vehicle in which Todd and Gonzales were traveling.
Gonzales subsequently was indicted and charged with participating in a cocaine trafficking conspiracy from Aug. 2017 through Oct. 8, 2017, and possessing cocaine with intent to distribute on Oct. 8, 2017. According to the indictment, Gonzales committed the offenses in Dona Ana County.
During today’s proceedings, Gonzales pled guilty to a felony information charging her with conspiracy and possession of cocaine with intent to distribute. In entering the guilty plea, Gonzales admitted that on Oct. 8, 2017, she and her co-defendant drove a vehicle containing approximately 4.06 kilograms of cocaine hidden in a compartment in the vehicle into the U.S. Border Patrol Checkpoint on I-25 north of Las Cruces. Gonzales further admitted that she and her co-defendant agreed with others to drive the cocaine from El Paso, Texas to Albuquerque, N.M., where the drugs would be distributed further.
On Jan. 4, 2018, Todd pled guilty to similar charges, and was sentenced on May 16, 2018.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Non-Indian Man Residing on Laguna Pueblo Sentenced for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Aris Jaramillo, 36, a non-Indian man residing in the Village of Encinal, in the Pueblo of Laguna, N.M., was sentenced today in federal court in Albuquerque, N.M., to one year of probation for his conviction on a child abuse charge.
Jaramillo was arrested in Aug. 2017, on a criminal complaint charging him with child abuse on Aug. 13, 2017, on the Laguna Pueblo in Cibola County, N.M. According to the complaint, Jaramillo struck a Laguna Pueblo child on the head repeatedly.
On March 27, 2018, Jaramillo pled guilty to an information charging him with child abuse. In entering the guilty plea, Jaramillo admitted that on Aug. 13, 2017, he became upset and hit the victim several times in the head and left red marks on the victim’s head.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
East Mountain Family Practice Doctor Pays $300,000 to Resolve Alleged False Claims to Federal Healthcare Programs for Services Rendered While Out of CountryRead the Press Release
ALBUQUERQUE – Orrin K. McLeod, D.O., a family practitioner licensed to practice medicine in the state of New Mexico, has paid $300,000 to resolve allegations under the civil False Claims Act that he submitted, or caused to be submitted, claims for payment for services and prescriptions under federal healthcare programs while he was out of the country. The $300,000 payment also resolves allegations under the Controlled Substances Act that Dr. McLeod left signed, but otherwise blank, prescriptions for use by other healthcare providers while McLeod was out of the country.
Dr. McLeod made the payment pursuant to a settlement with the U.S. Department of Justice and the Office of the New Mexico Attorney General based on an investigation by the DEA’s Tactical Diversion Squad.
In announcing the settlement, U.S. Attorney John C. Anderson said, “Healthcare professionals hold positions of trust in our community, and the privilege of writing prescriptions for controlled substances comes with great responsibility. The integrity of our healthcare system and the well-being of our citizens depend upon the proper exercise of this privilege. My office will vigorously pursue allegations that this privilege has been abused for private gain.”
“Healthcare professionals cannot be allowed to fraudulently take funds that are meant to be used for New Mexicans’ healthcare needs,” said New Mexico Attorney General Hector Balderas. “New Mexican families can rest assured that our office is continually working with all federal and state entities, to achieve a safer, more prosperous State, and a reliable healthcare system that will last citizens years into the future.”
“The penalties levied against Dr. McLeod sends the message, to medical professionals who endanger the safe and legal dispensation of pharmaceutical drugs, that they will be investigated and sanctioned to the fullest extent of the law,” stated Kyle Williamson, DEA El Paso Division Special Agent in Charge.
Dr. McLeod is a New Mexico healthcare service provider with offices in Moriarty, Edgewood and Cedar Crest, N.M. The United States and the State of New Mexico contend that he submitted, or caused to be submitted, claims for payment to the Medicare, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program.
With respect to the False Claims Act allegations, the United States and State of New Mexico contend that, Dr. McLeod submitted claims for services to these programs while he was out of the country on various dates between May 21, 2012 and May 6, 2015. They further contend that Dr. McLeod submitted or caused to be submitted claims for prescription medications when he was out of the country on various dates between May 19, 2012 and Jan. 6, 2018.
With respect to the Controlled Substances Act allegations, the United States contends that in July 2013, while he was out of the country, Dr. McLeod left signed, but otherwise blank, prescriptions in his office for use by healthcare workers to write prescriptions for controlled substances.
The settlement amount, $300,000, which was paid by Dr. McLeod earlier today, includes $53,724.04 in restitution, the amount the United States and the State of New Mexico contend was improperly claimed by Dr. McLeod. The balance, $246,275.96, represents penalties paid by Dr. McLeod under the False Claims Act and Controlled Substances Act.
The settlement is the result of a coordinated effort by Assistant U.S. Attorneys Michael H. Hoses and Ruth F. Keegan of the Civil Division of the U.S. Attorney’s Office, Assistant Attorneys General John Grubesic and Emily Luke of the Office of the New Mexico Attorney General, and the Tactical Diversion Squad of the DEA office in Albuquerque.
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.
Claims settled by this agreement are allegations only. There have been no admissions of liability by Dr. McLeod.
Albuquerque Felon Sentenced to Eight Years for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Morris Mora, 30, of Albuquerque, N.M., was sentenced this morning in federal court to 96 months in prison followed by three years of supervised release for violating the federal firearms laws by being a felon in possession of a firearm and ammunition. Mora was ordered to serve his federal sentence consecutive to a seven-year sentence previously imposed on a related state conviction in the 2nd Judicial District Court for the State of New Mexico.
Mora, whose criminal history includes convictions for aggravated assault with a deadly weapon, aggravated assault on a peace officer with a deadly weapon, and aggravated fleeing from a law enforcement officer, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Mora was charged by criminal complaint on Aug. 7, 2017, with being a felon in possession of a firearm and ammunition. According to the complaint, officers of the Albuquerque Police Department (APD) arrested Mora on state charges, including a related firearms charge, in the North Valley of Albuquerque on March 8, 2017, after the APD officers located a firearm and ammunition in Mora’s backpack incident to his arrest for allegedly driving a stolen vehicle. Mora was transferred to federal custody from state custody in Sept. 2017. The related state firearms charges were dismissed in favor of federal prosecution.
Mora subsequently was indicted on Sept. 6, 2017, and was charged with being a felon in possession of a firearm and ammunition on March 8, 2017, in Bernalillo County, N.M. At the time, Mora was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
On May 4, 2018, Mora pled guilty to the indictment and admitted that on March 8, 2017, he was in possession of a firearm and ammunition which were located inside a backpack when Mora was stopped by law enforcement officers while driving a vehicle. Mora acknowledged that he was prohibited from possessing firearms or ammunition in March 2017, because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Howard R. Thomas prosecuted the case.
Two Mexican Nationals Facing Heroin Trafficking Charges Arising Out of Seizure of Five Pounds of HeroinRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging two Mexican nationals with heroin trafficking offenses arising from a New Mexico State Police seizure of approximately 5.3 pounds of heroin in southern New Mexico on Aug. 27, 2018. The Magistrate Judge also remanded Gerardo Hoyos-Hernandez, 29, and Antonio Mohamed Perez-Llanes, 22, into custody pending trial, which has yet to be scheduled, during this morning’s proceedings.
According to the criminal complaint, a New Mexico State Police officer executed a traffic stop on a vehicle, which Hoyos-Hernandez was driving and in which Perez-Llanes was a passenger, while on patrol in Anthony, N.M., on Aug. 27, 2018. During the traffic stop, the officer requested and allegedly obtained consent to search the vehicle. During his search of the vehicle, the officer allegedly found approximately 2.4 kilograms (5.3 pounds) of heroin in the vehicle.
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. If convicted, the defendants will be deported after serving any prison sentence imposed. 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 Homeland Security Investigations and the New Mexico State Police. Special Assistant U.S. Attorney Joni Autrey is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Jemez Pueblo Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
ALBUQUERQUE – Gerald Toya, 40, an enrolled member and resident of Jemez Pueblo, N.M., pled guilty on Aug. 31, 2018, to assaulting a federal officer.
Toya was arrested on May 24, 2018, on a two-count indictment charging him with assaulting a federal officer, and assault with a dangerous weapon. According to the indictment, Toya committed the offenses on Nov. 28, 2017, on the Jemez Pueblo in Sandoval County, N.M.
On Aug. 31, 2018, Toya pled guilty to assaulting a federal officer. In entering the guilty plea, Toya admitted that on Nov. 28, 2017, he threw a glass bottle at a federal law enforcement officer engaged in the performance of his official duty. Toya acknowledged that the glass bottle struck the officer in the hip.
At sentencing, Toya faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Pueblo of Jemez Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Joseph M. Spindle.
FBI Arrests Amalia Compound Residents on Federal Firearms and Conspiracy ChargesRead the Press Release
ALBUQUERQUE – The FBI has arrested five residents of a compound in Amalia, in Taos County, N.M. (Amalia Compound), on a federal criminal complaint charging them with violating the federal firearms and conspiracy laws. The arrests were announced by U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.
The defendants, Jany Leveille, 35, a Haitian national illegally present in the United States, Siraj Ibn Wahhaj, 40, Hujrah Wahhaj, 37, Subhanah Wahhaj, 35, and Lucas Morton, 40, are charged in a criminal complaint that was filed earlier today in the U.S. District Court for the District of New Mexico. The criminal complaint charges Jany Leveille with being an alien unlawfully in possession of firearms and ammunition in the District of New Mexico from Nov. 2017 through Aug. 2018. The criminal complaint charges the other four defendants with aiding and abetting Leveille in committing the offense, and with conspiring with Leveille to commit the offense.
According to the criminal complaint, on Aug. 3, 2018, law enforcement officers of the Taos County Sheriff’s Office executed search warrants at the Amalia Compound, where the five defendants were residing, and allegedly seized at least eleven firearms and a large quantity of ammunition. The complaint alleges that the firearms were transported from Georgia and/or Alabama to New Mexico in Leveille’s vehicle.
The FBI arrested the defendants without incident in Taos, N.M., this afternoon with the assistance of the Taos County Sheriff’s Office. The defendants will make their initial appearances in federal court in Albuquerque on September 4, 2018.
If convicted of the charge against her, Leveille faces a statutory maximum penalty of ten years of imprisonment and deportation upon completion of her sentence. If convicted of aiding and abetting Leveille, Leveille’s co-defendants each face a statutory maximum penalty of ten years of imprisonment. If convicted on the conspiracy charge, the five defendants each face a statutory penalty of five years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The Albuquerque Division of the FBI investigated the case, with the assistance of the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, and the 8th Judicial District Attorney’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
U.S. Attorney John C. Anderson and FBI Special Agent in Charge James C. Langenberg thanked the Taos County Sheriff’s Office and 8th Judicial District Attorney’s Office for supporting the federal investigation.
Leveille ComplaintNavajo man from Shiprock pleads guilty to federal assault chargeRead the Press Release
ALBUQUERQUE – Thomas M. Navaho, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.
Navaho was arrested in July 2018, on a criminal complaint charging him with assaulting a Navajo man on April 27, 2018, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, Navaho assaulted the victim by punching, choking and kicking him on the side of the body and face, causing him to sustain serious bodily injury
During today’s proceedings, Navaho pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Navaho admitted punching, kicking and chocking the victim, and threatening to kill the victim because he believed the victim called the police regarding a fight Navaho previously had with another person. Navaho acknowledged that the victim sustained serious bodily injuries, including bleeding on the brain, broken ribs, lacerations requiring stitches and a wound to his left hand which became infected and required surgery, as the result of the assault.
At sentencing, Navaho faces a statutory maximum penalty of ten years in federal prison. Navaho has been in federal custody since his arrest and remains detained pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Los Lunas Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – David Villegas, 29, of Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
Villegas is charged in a one-count indictment which was filed on Feb. 28, 2017, with possession of methamphetamine with intent to distribute. According to the indictment, Villegas committed the offense on June 13, 2016, in Bernalillo County, N.M.
During today’s proceedings, Villegas pled guilty to the indictment, and admitted that on June 13, 2016, he was arrested by DEA agents while in possession of methamphetamine which he intended to sell to other individuals. In entering the guilty plea, Villegas admitted that the DEA agents found approximately 654.3 grams of pure methamphetamine inside his vehicle. Villegas also admitted that, when he was arrested, he informed the DEA agents that they would find proceeds from his methamphetamine trafficking activities hidden in his residence. DEA agents subsequently seized approximately $9,200 in cash from Villegas’ residence.
Villegas was remanded into custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Villegas faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Former New Mexico State Taxation and Revenue Department employee sentenced to 46 months of Imprisonment for federal extortion convictionRead the Press Release
ALBUQUERQUE – U.S. District Judge Martha Vazquez sentenced Larry Mendoza, a former Revenue Agent of the New Mexico Taxation and Revenue Department, to 46 months of imprisonment for his conviction on Hobbs Act extortion charges in federal court today in Santa Fe, N.M. Mendoza will be on supervised release for three years after completing his prison sentence. Judge Vazquez also ordered Mendoza to pay $43,380 in restitution.
In announcing Mendoza’s sentence, U.S. Attorney John C. Anderson said, “Public employees violate a sacred trust when they use the instruments of government for self-enrichment, and this Office will vigorously pursue and prosecute such abuses.”
“The hard-working people of New Mexico deserve and expect honest public servants who will make sure every tax dollar goes toward making this state a great place to live,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division. “While most government employees perform their duties without reproach, the few who seek only to line their own pockets undermine the public’s confidence in our democracy. The FBI hopes this case sends a strong message that civil servants who victimize the people who pay their salaries will be held accountable.”
Mendoza, 45, of Santa Fe, pled guilty on Nov. 17, 2017, to a three-count felony information charging him with Hobbs Act extortion under color of official right. The felony information charged Mendoza abusing his position as a state Revenue Agent between Feb. 2017 and May 2017, to extort $2,500 from a business owner in return for reducing the business owner’s tax liability.
According to court records, the New Mexico State Taxation and Revenue Department employed Mendoza from 2007 through 2017. Beginning in Oct. 2013, Mendoza began working as a Revenue Agent with responsibilities that included collecting outstanding taxes owed by New Mexico business owners. In Feb. 2017, Mendoza approached a business owner with a proposal that the business owner pay him $500 a month in exchange for Mendoza lowering the business owner’s tax obligation to the State of New Mexico.
After the business owner gave Mendoza $500 in Feb. 2017 and another additional $500 in March 2017, Mendoza logged onto his work computer on May 11, 2017 and reduced the business owner’s tax liability to the State of New Mexico by $8,000. On that same day (May 11, 2017), Mendoza solicited another $1,500 from the business owner in exchange for reducing his tax obligation. On May 24, 2017, the business owner gave $1,500 to Mendoza in exchange for Mendoza’s reduction of the business owner’s tax obligation to the State of New Mexico.
In entering his guilty plea, Mendoza admitted that the money he solicited and received from the business owner was for his personal use and benefit, and that he was not entitled to that money. Mendoza also admitted that he engaged in a similar pattern of criminal conduct with other business owners and that his criminal conduct was responsible for losses in excess of $40,000.
The New Mexico State Taxation and Revenue Department placed Mendoza on administrative leave on May 24, 2017, and his employment was terminated shortly thereafter.
The FBI offices in Albuquerque and Santa Fe investigated the case, which was prosecuted by Assistant U.S. Attorney Holland S. Kastrin.
California Woman Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Tracy Estelle Fuentez, 43, of Fresno, Calif., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
The DEA arrested Fuentez in April 2017, after seizing approximately 1.5 kilograms (3.31 pounds) of methamphetamine from her luggage during an interdiction investigation on April 27, 2017, in Albuquerque. Fuentez was indicted on May 24, 2017, and was charged with possession of methamphetamine with intent to distribute on April 27, 2017, in Bernalillo County, N.M.
During today’s proceedings, Fuentez pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering the guilty plea, Fuentez admitted possessing methamphetamine while traveling through Albuquerque on April 27, 2017, and that she intended to distribute the methamphetamine to other individuals.
At sentencing, Fuentez faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. She remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Howard R. Thomas.
Two Californians Plead Guilty to Federal Drug Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Brian Kishawn Philson, 28, and Nekia Tiara Martin, 21, both of Stockton, Calif., pled guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking offenses. The defendants entered their guilty pleas to charges arising out of the seizure of approximately 4.3 pounds of methamphetamine during a DEA interdiction investigation in March 2018.
The DEA arrested Philson and Martin in March 2018, after seizing approximately .95 kilograms (2.09 pounds) of methamphetamine from Philson and approximately one kilogram (2.2 pounds) of methamphetamine from Martin on March 26, 2018, in Albuquerque. Philson and Martin were subsequently indicted on April 24, 2018, and charged with conspiracy and possession of methamphetamine with intent to distribute on March 26, 2018, in Bernalillo County, N.M.
During today’s proceedings, Philson and Martin each entered a guilty plea to Count 2 of the indictment charging them with possession of methamphetamine with intent to distribute. In entering their guilty pleas, Philson and Martin admitted possessing approximately 864 grams of methamphetamine while traveling through Albuquerque. They also admitted that they intended to deliver the methamphetamine to others when they arrived at their final destination.
Philson and Martin have been in federal custody since their arrests and will remain detained pending their sentencing hearings, which have yet to be scheduled. Under the terms of his plea agreement, Philson faces a sentence of ten years of imprisonment followed by a term of supervised release to be determined by the court. Martin faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney James D. Tierney.
Navajo Man from To’hajiilee Sentenced for Federal Misdemeanor Assault ConvictionRead the Press Release
ALBUQUERQUE – Bruce Piaso, 37, an enrolled member of the Navajo Nation from To’hajiilee, N.M., was sentenced today in federal court in Albuquerque, N.M., to three years of probation for his conviction on a misdemeanor assault charge.
Piaso was arrested on June 3, 2016, on a criminal complaint charging him with assaulting a federal officer. The complaint charged Piaso with attacking a tribal officer of the Navajo Nation Division of Public Safety, who was federally commissioned by the BIA’s Office of Justice Services, on May 28, 2016, on the Navajo Indian Reservation by punching and kicking the officer while attempting to avoid arrest. The complaint alleged that Piaso jumped on the officer and attempted to take control of the officer’s weapon. Piaso was taken into tribal custody on May 28, 2016, and remained in tribal custody until he was arrested on the federal charge.
Piaso was indicted on June 30, 2016, and was charged with assault on a federal officer resulting in bodily injury, and assault on a federal officer with a dangerous weapon. The indictment alleged that Piaso committed the crimes on May 28, 2016, in Cibola County, N.M. On Dec. 21, 2017, a federal jury found Piaso guilty of the lesser included offense of simple assault, a misdemeanor, and acquitted Piaso on the other charges in the indictment, after a three-day trial.
This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.
Navajo Man from Shiprock Sentenced to Five Years in Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Lance Wilson, 31, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Santa Fe, N.M., to 60 months in prison for his conviction on an assault charge. Wilson will be on supervised release for three years after completing his prison sentence.
Wilson was arrested in Jan. 2017, on a criminal complaint charging him with assaulting a Navajo man by striking him in the head with a pair of wire cutters on the Navajo Indian Reservation in San Juan County, N.M.
Wilson subsequently was indicted on Jan. 24, 2017. The two-count indictment charged Wilson with assault with intent to commit murder and assault resulting in serious bodily injury. The indictment alleged that Wilson committed the crimes on Dec. 24, 2016, on the Navajo Indian Reservation in San Juan County.
On Oct. 2, 2017, Wilson pled guilty to Count 2 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Wilson admitted that on Dec. 24, 2016, he struck the victim twice in the head with a cable-cutting tool because he was angry with the victim. Wilson further admitted that as the result of the assault, the victim required multiple surgeries including one to place a plate in his skull. Wilson acknowledged that, as the result of the assault, the victim suffered permanent injuries including memory loss and loss of speech, requires the use of a wheelchair, and resides in a health care facility.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Ronald P. Lopez, 25, of Albuquerque, N.M., pled guilty this morning in federal court to a bank robbery charge. Lopez entered the guilty plea without the benefit of a plea agreement.
The FBI arrested Lopez on March 14, 2018, on a criminal complaint charging him with robbing the US Bank branch located at 2015 Eubank Blvd., in Albuquerque on Feb. 26, 2018. Lopez subsequently was indicted on April 10, 2018, and was charged with bank robbery on Feb. 26, 2018, in Bernalillo County, N.M.
At sentencing, Lopez faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. Lopez has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Texas Man Sentenced to Almost 12 Years for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Antonio Ulises Mireles, 24, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 142 months of imprisonment for his conviction on a methamphetamine trafficking charge. Mireles will be on supervised release for five years after completing his prison sentence. Mireles also was ordered to pay a $7,000 money judgment and $500 in community restitution.
Mireles was arrested on Aug. 11, 2017, on a criminal complaint charging him with drug trafficking offenses in Dona Ana County, N.M. According to court documents, Mireles distributed quantities of drugs to an undercover law enforcement agent on the following dates:
- Approximately 572 grams of methamphetamine on June 9, 2017;
- Approximately 856 grams of methamphetamine and 493 grams of heroin on July 13, 2017;
- Approximately 458 grams of methamphetamine on July 28, 2017; and
- Approximately 1,209 grams of methamphetamine on Aug. 11, 2017.
On Nov. 8, 2017, Mireles pled guilty to a felony information charging him with conspiracy and distribution of methamphetamine. In entering the guilty plea, Mireles admitted that from June 2017 through Aug. 2017, he conspired with others to distribute methamphetamine. Mireles further admitted that during that time, he was responsible for distributing approximately 3.3 kilograms of methamphetamine in Dona Ana County.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Brock E. Taylor.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Owner of Old Town Albuquerque Jewelry Stores Sentenced to Six Months for Fraudulently Selling Filipino-Made Jewelry as Native American-MadeRead the Press Release
ALBUQUERQUE – U.S. District Judge Judith C. Herrera of the District of New Mexico today sentenced Nael Ali, 54, of Albuquerque, N.M., for violating the Indian Arts and Craft Act (IACA) by fraudulently selling counterfeit Native American jewelry as Indian-Made. Judge Herrera sentenced Ali, who previously pled guilty to two felony IACA charges, to six months of imprisonment followed by a year of supervised release. Ali also was ordered to pay $9,048.78 in restitution.
The IACA prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe. The law is designed to prevent products from being marketed as “Indian made,” when the products are not, in fact, made by Indians. It covers all Indian or Indian-style traditional and contemporary arts and crafts produced after 1935, and broadly applies to the marketing of arts and crafts by any person in the United States. IACA provides critical economic benefits for Native American cultural development by recognizing that forgery and fraudulent Indian arts and crafts diminish the livelihood of Native American artists and craftspeople by lowering both market prices and standards.
“The tremendous contributions made by Native Americans to the cultural and artistic heritage of our nation must be preserved and protected,” said New Mexico U.S. Attorney John C. Anderson. “This case and the continuing investigation demonstrates the Justice Department’s commitment to safeguard the rich culture and heritage of New Mexico’s Pueblos and Tribes while promoting confidence in New Mexico’s rich art market.”
“We applaud the outstanding work conducted by the Office of the U.S. Attorney in District of New Mexico, the U.S. Fish and Wildlife Service Special Agents who conduct Act investigations on behalf of the Board, and all others who have assisted in this landmark case,” said Harvey Pratt, Chairman, Indian Arts and Crafts Board, U.S. Department of the Interior. “Their commitment to combating the onslaught of counterfeit Indian art is to be highly commended. The Board firmly believes that robust Indian Arts and Crafts Act enforcement is imperative to protecting and strengthening Indian Country's economies, artistic traditions, and cultural heritage for both current and future generations.”
“This landmark investigation has brought much needed attention to the rampant problem of counterfeit Native American jewelry and art in the marketplace,” said Edward Grace, Acting Assistant Director of the Office of Law Enforcement for the U.S Fish and Wildlife Service. “We hope today’s sentencings will deter others who would seek to defraud consumers and undermine Native American artists.”
“Native American art is more than stunning jewelry. It also is a critical source of income for the many different tribes that create it and share with the world their culture and history,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division. “The FBI worked closely with our partners on this case, which we hope demonstrates our commitment to protecting one of our country’s most precious resources.”
The charges against Ali and co-defendant Mohammad Manasra, 58, also of Albuquerque, were the result of an ongoing federal investigation led by the U.S. Fish and Wildlife Service (FWS) and FBI into an international scheme to violate the IACA. During a law enforcement operation in Oct. 2015, federal agents executed 15 search warrants in New Mexico and one in California. Eight of the search warrants were executed in Albuquerque including four at retail and wholesale jewelry businesses. In addition, search warrants were executed at three jewelry stores in Gallup, three jewelry stores in Santa Fe, and a jewelry production shop in Zuni. Federal agents also executed a search warrant at a jewelry store in Calistoga, Calif. Three federal seizure warrants also were executed on bank accounts in a Charlotte, N.C., bank and a San Francisco, Calif., bank. In addition, the Philippines National Bureau of Investigations conducted a series of investigative interviews at two factories in Cebu City, Philippines.
Ali and Manasra were charged in Oct. 2015, in a four-count indictment with conspiracy to violate the IACA and three substantive violations of the Act. A superseding indictment was filed in March 2016, charging Ali and Manasra with conspiracy and substantive violations of the IACA, mail fraud, and wire fraud. The superseding indictment charged Ali, the owner of two jewelry stores, Gallery 8 and Galleria Azul, in Albuquerque’s Old Town specializing in Native American jewelry, and Manasra, a wholesaler of Native American jewelry, with violating IACA by conspiring to import and fraudulently sell Filipino-made jewelry as Native American-made.
Ali pled guilty on Oct. 18, 2017, to violating IACA by selling counterfeit Native American-style jewelry out of two retail jewelry stores located in Albuquerque’s Old Town. In entering the guilty plea, Ali admitted selling Native American-style jewelry made by laborers in the Philippines; mixing Filipino-made jewelry with Native American-made jewelry without labeling the Filipino-made jewelry with the country of origin; intentionally stocking the Filipino-made jewelry in a manner that falsely suggested that it was Native-American made; providing lists for the employees to reference symbols and initials to falsely suggest the jewelry was Native American-made; and training employees to tell customers the jewelry was Native American-made.
Manasra pled guilty to a misdemeanor charge of violating IACA on Oct. 5, 2017, and admitted fraudulently selling a Kokopelli pendant and earing set, two rings, a bracelet and an orange cluster pendant to an undercover agent. Manasra acknowledged knowing the jewelry was made in the Philippines even though he intentionally told the undercover agent that the Kokopelli set was “Zuni” and the rings, bracelet and cluster set were “Navajo,” and displaying the Filipino-made jewelry to suggest that it was made by members of federally recognized Indian Tribes. Manasra was sentenced on May 10, 2018, to two days of imprisonment and a year of supervised release. Manasra also was ordered to forfeit 5,268 pieces of Native-American style jewelry and to pay a $500 money judgment.
“HSI will continue to work with our federal, tribal and local law enforcement partners to protect the intellectual property and cultural patrimony of Native Americans,” said HSI Special Agent in Charge Jack P. Staton. “We will be relentless and use our cross-border authority to make sure individuals, who want to profit from crimes such as these, are brought to justice.”
“It was an honor to assist with this unique and important case to help protect something truly exclusive to this region. It has been a recent trend that when our two agencies work together, great things happen,” said Captain Tim Cimbal, Northwest Area Field Operations, State of New Mexico Department of Game and Fish.
The continuing investigation is led by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service and the Albuquerque Division of the FBI with assistance from Homeland Security Investigations (HSI), the Indian Arts and Crafts Board, and the State of New Mexico Department of Game and Fish. The U.S. Marshals Service and DEA assisted in the investigation of this case. The U.S. Fish and Wildlife Service’s Office of Law Enforcement for Region Eight and California Department of Fish and Wildlife provided support in Calistoga, Calif., and HSI provided support in La Habra, Calif. The U.S. Fish and Wildlife Service Attaché for Southeast Asia and the Philippine National Bureau of Investigations provided support in Cebu City, Philippines. Assistant U.S. Attorneys Kristopher N. Houghton and Sean J. Sullivan prosecuted the case and are assisting in the continuing investigation.
Multi-Agency Investigation Disrupts Heroin Trafficking Pipeline Between Ciudad Juarez and Las Cruces, N.M., Facilitated by Social Media Messaging PlatformRead the Press Release
ALBUQUERQUE – Fourteen residents of Las Cruces, N.M., and a Mexican national are facing federal heroin trafficking charges as the result of a two-year multi-agency investigation into Jesus Salvador Otero-Martinez, 32, of Ciudad Juarez, the alleged source of heroin supply for numerous street-level heroin traffickers in Las Cruces. The investigation culminated today when 13 of the defendants were arrested in Las Cruces by teams of federal, state, county and local law enforcement officers during an early morning law enforcement operation. During the course of the investigation, law enforcement authorities arrested 24 Las Cruces residents on various state charges. Otero-Martinez is one of the two federal defendants who was were arrested during today’s law enforcement operation, and is considered a fugitive.
U.S. Attorney John C. Anderson, 3rd Judicial District Attorney Mark D’Antonio, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Captain Bobby Holden of the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, announced the results of the investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The charges against the defendants are the result of an investigation that began in 2016, and targeted Otero-Martinez, the alleged source of supply for a heroin trafficking operation that allegedly continuously provided heroin to couriers who smuggled heroin in their body cavities from Ciudad Juarez, into El Paso, Texas, and Las Cruces, where it was delivered to street-level dealers. According to court filings, the defendants used social media messaging platforms to facilitate their heroin trafficking activities. During the course of the investigation, law enforcement authorities seized approximately 1.17 kilograms of heroin, $6,150.00 in cash, nine firearms, and 465 cartridges of various calibers of ammunition.
On Aug. 22, 2018, a federal grand jury returned four federal indictments charging 15 defendants with conspiracy and heroin trafficking offenses. Otero-Martinez is charged in each of the four federal indictments with participating in heroin trafficking conspiracies. The conspiracy counts in the four federal indictments include detailed “overt act” sections that describe the manner in which Otero-Martinez and his co-conspirators allegedly used social media messaging platforms to negotiate numerous heroin transactions and to facilitate their heroin trafficking activities. The conspiracy counts also detail how couriers allegedly obtained heroin from Otero-Martinez in Juarez; smuggled the heroin into the United States through El Paso; and delivered the heroin to purchasers, including undercover agents and individuals cooperating with law enforcement authorities, in Las Cruces.
The 13 federal defendants who were arrested today will make their initial appearances in federal court in Las Cruces tomorrow morning.
The state defendants have been charged in criminal complaints filed by the 3rd Judicial District Attorney’s Office in the 3rd Judicial District Court for the State of New Mexico.
These cases were investigated by the FBI, DEA, HSI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. The New Mexico State Police, Las Cruces Police Department and Dona Ana County Sheriff’s Office assisted with today’s law enforcement operation.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorneys of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and many other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
SUMMARY OF CHARGES IN FEDERAL INDICTMENTS
INDICTMENT: United States v. Otero-Martinez, Silva, et al., 18-CR-2754-RB
Charges: Count 1 of the Indictment charges Jesus Salvador Otero-Martinez, Alfred Silva and Joseph Gonzalez with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine. Count 2 charges Silva, who has a prior felony conviction for distributing a controlled substance, with being a felon in possession of ammunition. The statutory penalty for a conviction on this charge is a maximum of ten years in prison and a $250,000 fine.
Defendants: Jesus Salvador Otero-Martinez, 32, Ciudad Juarez, Mexico, has yet to be arrested and is considered a fugitive. Alfred Silva, 34, was arrested on June 1, 2018, on a related charge, and Joseph Gonzalez, 23, was arrested this morning.
INDICTMENT: United States v. Otero-Martinez, DeLeon, et al., 18-CR-2755-RB
Charges: Count 1 of the Indictment charges Otero-Martinez, Erik DeLeon, Matthew Torres, and Donnie Edward Baca with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge for Otero-Martinez, DeLeon and Torres is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine; for Baca, the penalty is a maximum of 20 years in prison and a $1 million fine. Count 2 charges DeLeon and Baca with distributing heroin. The statutory penalty for a conviction on this charge is a maximum of 20 years in prison and a $1 million fine.
Defendants: Otero-Martinez has yet to be arrested and is considered a fugitive. Erik DeLeon, 27, Matthew Torres, 33, and Donnie Edward Baca, 26, were arrested this morning.
INDICTMENT: United States v. Otero-Martinez, Romero, et al., 18-CR-2756-RB
Charges: The single-count Indictment charges Jesus Salvador Otero-Martinez, Brenda Romero, Nathan Gonzales, Desiree M. Vallejos, Samantha M. Ybarra-Ochoa, Elaine Zubiran and Misty A. Baca with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge for Otero-Martinez, Romero, Gonzales, Vallejos, Ybarra-Ochoa, and Zubiran is a mandatory minimum of five years and a maximum of 40 years in prison; for Baca, the penalty is a maximum of 20 years in prison and a $1 million fine.
Defendants: Otero-Martinez has yet to be arrested and is considered a fugitive. Brenda Romero, 39, Nathan Gonzales, 32, Desiree M. Vallejos, 29, Misty A. Baca, 36, were arrested this morning; and Samantha M. Ybarra-Ochoa, 26, surrendered to the FBI this morning. Elaine Zubiran, 27, was arrested on state charges on Aug. 17, 2018, and will be transferred into federal custody to face the charge in the indictment.
INDICTMENT: United States v. Otero-Martinez, Crespin, et al., 18-CR-2757-RB
Charges: Count 1 of the Indictment charges Otero-Martinez, Michael Crespin, Gabriel Soltero, and Gerardo Zamarripa with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge for Otero-Martinez, Crespin and Soltero is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine; for Zamarripa, the penalty is a maximum of 20 years in prison and a $1 million fine. Count 2 charges Soltero and Crespin with possessing heroin with intent to distribute, and Count 3 charges Crespin and Zamarripa with the same offense. The statutory penalty for a conviction on this charge is a maximum of 20 years in prison and a $1 million fine.
Defendants: Otero-Martinez has yet to be arrested and is considered a fugitive. Michael Crespin, 60, and Gabriel Soltero, 35, were arrested this morning. Gerardo Zamarripa, 32, has yet to be arrested and is considered a fugitive.
Fugitives: Photos of the fugitives, Jesus Salvador Otero-Martinez and Gerardo Zamarripa, are attached to this press release. Individuals with information about the whereabouts of Otero-Martinez or Zamarripa are asked to contact the FBI at 505-889-1300 or tips.fbi.gov.
Charges in indictments and criminal complaints are only accusations. Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Indictment 18CR2754 Indictment 18CR2755 Indictment 18CR2756 Indictment 18CR2757Albuquerque Man Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Lawrence Marquez, 39, of Albuquerque, N.M., pled guilty today in federal court to heroin trafficking and firearms charges. Marquez entered his guilty plea under a plea agreement that recommends that he be sentenced to 88 months of imprisonment followed by a term of supervised release to be determined by the court.
Marquez and his co-defendants, Angela Marquez, 28, and Jesus Valdez, 38, both of Albuquerque, were charged in a six-count indictment filed on Dec. 6, 2017, with drug trafficking and firearms offenses. The indictment charged Marquez, Angela Marquez and Valdez with participating in a heroin trafficking conspiracy in Feb. 2017, and distributing heroin on Feb. 23, 2017. It also charged Marquez and Valdez with distributing heroin on Feb. 23, 2017; Marquez and Angela Marquez with possessing firearms in furtherance of a drug trafficking crime on Feb. 23, 2017; and Marquez was charged with being a felon in possession of a firearm on Feb, 23, 2017. Marquez was prohibited from possessing firearms or ammunition because of his status as a convicted felon. According to the indictment, the defendants committed offenses in Bernalillo County, N.M.
During today’s proceedings, Marquez pled guilty to distributing heroin, and using and carrying a firearm during and in relation to a drug trafficking crime. In entering the guilty plea, Marquez admitted that he was armed with a firearm when he sold heroin to a person he later learned was an undercover law enforcement agent on Feb. 23, 2017.
Valdez pled guilty on April 24, 2018, to distributing heroin and methamphetamine. In entering his guilty plea, Valdez admitted distributing heroin to an undercover law enforcement agent on Feb. 23, 2017, and approximately 232 grams of methamphetamine to an undercover law enforcement agent on Dec. 7, 2017. Valdez was sentenced on Aug. 20, 2018, to 46 months in prison followed by three years of supervised release.
Angela Marquez has entered a not guilty plea to the charges in the indictment and is pending trial, which is scheduled for Sept. 2018. Charges in indictments and criminal complaints are only accusations. Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Mescalero Apache Man Sentenced for Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Ellis Arkie Sago, 24, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to serve ten months in custody, five of which are to be served in prison and the remaining five in a halfway house, for assaulting a federal officer. Sago will be on supervised release after completing his custodial sentence.
The BIA arrested Sago on Feb. 2018, on a criminal complaint charging him with assaulting a federal officer. According to the criminal complaint, Sago was arrested on tribal charges after he assaulted a BIA officer. Sago committed the assault on the Mescalero Apache Indian Reservation in Otero County, N.M., on Sept. 9, 2017, by kicking the officer in the legs while the officer was arresting Sago.
Sago subsequently was indicted on April 18, 2018, and was charged with assaulting a federal officer in Otero County on Sept. 9, 2017.
On May 30, 2018, Sago pled guilty to the indictment and admitted that on Sept. 9, 2017, he assaulted a BIA officer by kicking the officer in the legs.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Miranda Gilbert Sentenced to 188 Month for Being an Armed Career Criminal and Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Miranda Gilbert, 31, a resident of Albuquerque, N.M., was sentenced this morning by Senior U.S. District Judge James A. Parker to 188 months (15.6 years) of imprisonment for being an armed career criminal in possession of a firearm and ammunition and for assaulting a federal officer. To violate the Armed Career Criminal Act, a defendant must have at least three prior convictions for a violent felony or serious drug offense, or both. Armed career criminals are subject to an enhanced penalty of not less than 15 years of imprisonment if convicted of possessing firearms or ammunition instead of the otherwise applicable penalty of a maximum ten years of imprisonment. Gilbert will be on supervised release for three years after completing her prison sentence.
U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Michael Geier of the Albuquerque Police Department (APD) announced Gilbert’s sentence. The law enforcement officials said that Gilbert, whose criminal history includes ten prior felony state court convictions for which Gilbert has served approximately four years and six months of incarceration, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
In announcing the sentence, U.S. Attorney John C. Anderson commended ATF and APD for their commitment to protecting the residents of Albuquerque from violent, repeat offenders like Miranda Gilbert. The U.S. Attorney said, “My Office will continue to work with its federal, state, local and tribal partners to identify the criminals responsible for significant violent crime in our communities, and will use the substantial tools available to us, like the Armed Career Criminal Act, in the federal judicial system to hold them accountable.”
“ATF is committed to aggressively investigate and pursue armed career criminals such as Miranda Gilbert that prey upon our community,” said ATF Special Agent in Charge John J. Durastanti. “Gilbert will have plenty of time to reflect on her crimes while serving her lengthy sentence in federal prison.”
“It is imperative that we use the full weight of the law to prosecute dangerous, career criminals who are willing to violate federal firearm laws and assault law enforcement officers,” APD Chief Michael Geier said. “Offenders who have no regard for law enforcement are more of a threat to civilians and a risk to public safety.”
Gilbert was charged in Oct. 2017, in a criminal complaint with being a felon in possession of a firearm and ammunition on Aug. 20, 2017. According to the criminal complaint, APD officers responded to a call reporting shots fired at a residence in northeast Albuquerque. APD officers learned that when the homeowners arrived at their home, they observed Gilbert parked in a vehicle in their driveway and attempted to block her in the driveway. Gilbert responded by pulling a handgun out of her purse, threatening the homeowners, and firing shots close to where one of the homeowners was standing before leaving the area. Gilbert was arrested the next day after attempting to flee from police, and ultimately causing an accident with a federal law enforcement officer.
Gilbert was indicted on Nov. 1, 2017. The three-count indictment charged Gilbert with being a felon in possession of a firearm and ammunition in in Bernalillo County, N.M., on Aug. 20, 2017, and in Guadalupe County, N.M., on Aug. 21, 2017, and with assaulting a federal officer in Guadalupe County on Aug. 21, 2017. According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses.
On May 16, 2018, Gilbert pled guilty to the indictment without the benefit of a plea agreement. During Gilbert’s change of plea hearing, the United States proffered a summary of the evidence that it would have introduced had the case proceeded to trial. That evidence would have included the firearm, a 9 mm caliber pistol, Gilbert possessed, brandished, and discharged in Bernalillo County on Aug. 20, 2017, and also possessed in Guadalupe County on Aug. 21, 2017. The evidence also would have established that on Aug. 21, 2017, in Guadalupe County, Gilbert forcibly assaulted a Supervisory Deputy U.S. Marshal, whom she knew to be engaged in the performance of his official duty based upon her own post-arrest statements made to law enforcement authorities. As Gilbert fled from law enforcement authorities in an attempt to avoid apprehension, Gilbert used a vehicle as a dangerous weapon and in an effort to strike the Supervisory Deputy U.S. Marshal, who was inside his vehicle and was required to take evasive action to avoid being struck by Gilbert’s vehicle.
The United States’ proffer of evidence also included Gilbert’s ten prior felony convictions:
- residential burglary;
- conspiracy to commit residential burglary;
- trafficking controlled substances (possession with intent to distribute) (heroin);
- receiving or transferring a stolen motor vehicle (possession);
- conspiracy to commit receiving or transferring a stolen motor vehicle (possession);
- receiving or transferring stolen property (over $500 but not more than $2,500);
- escape from a community custody release program;
- possession of a controlled substance (methamphetamine);
- conspiracy to commit possession of a controlled substance (methamphetamine); and
- felon in possession of a firearm.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD investigated the case with assistance from the U.S. Marshals Service, New Mexico State Police, and the New Mexico Adult Probation and Parole Division of the New Mexico Corrections Department. Assistant U.S. Attorneys Niki Tapia-Brito and Jack E. Burkhead prosecuted the case.
Felon from Las Cruces Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Dominic C. Garcia, 28, of Las Cruces, with violating the federal firearms laws by being a felon in possession of a firearm. Garcia was remanded into custody pending trial, which has yet to be scheduled.
The FBI arrested Garcia on Aug. 14, 2018, in Las Cruces after Task Force Officers of the FBI’s Southern New Mexico Safe Streets Violent Gang Task Force came upon him while seeking to execute an arrest warrant for another individual. According to the criminal complaint, Task Force Officers allegedly observed Garcia pull a firearm out of his waistband as he attempted to flee from the Officers. The complaint alleges that the Task Force Officers subsequently found a firearm on the roof of a nearby residence, and allegedly found ammunition in Garcia’s pocket during a search incident to his arrest.
According to court documents, Garcia is prohibited from possessing firearms or ammunition because of his felony conviction in Sept. 2011, for drug trafficking.
If convicted, Garcia faces a maximum statutory penalty of ten years in federal prison. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the FBI’s Southern New Mexico Safe Streets Violent Gang Task Force, which is comprised of Special Agents from the FBI’s office in Las Cruces, N.M., Agents of the U.S. Border Patrol, and Officers of the Las Cruces Police Department. Assistant U.S. Attorney Sarah Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The FBI’s Safe Streets Violent Gang Task Force is the vehicle through which all federal, state, and local law enforcement agencies collaboratively address violent crime plaguing communities. The FBI’s Safe Streets and Gang Unit administers 160 Violent Gang Safe Streets Task Forces nationwide. The task forces pursue violent gangs through sustained, proactive, coordinated investigations to obtain prosecutions on violations such as racketeering, drug conspiracy, and firearms violations. The Safe Streets Task Force concept expands cooperation and communication among federal, state, and local law enforcement agencies, increasing productivity and avoiding duplication of investigative efforts.
Christopher Blattner Sentenced to 30 Years for Using Firearms in Furtherance of Drug Trafficking CrimesRead the Press Release
ALBUQUERQUE – U.S. District Judge James O. Browning sentenced Christopher Blattner, 38, of Albuquerque, N.M., to 30 years of imprisonment this morning for possessing firearms during and in furtherance of drug trafficking crimes. The Judge ordered Blattner’s federal sentence to run consecutive to the 28-year sentence Blattner already is serving for convictions on second-degree murder (firearms enhancement) and aggravated assault on a peace office with a deadly weapon (firearms enhancement), and voluntary manslaughter in the 2nd Judicial District Court (Bernalillo County) for the State of New Mexico. Blattner will be on supervised release for five years after completing his prison sentence.
In announcing the sentence, U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD) said that Blattner was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
Blattner was charged in Feb. 2013, with violating the federal narcotics and firearms laws in a five-count indictment. Counts 1 and 5 of the indictment charged Blattner with distributing methamphetamine in Bernalillo County, N.M., on Aug. 6, 2012 and Aug. 17, 2012, respectively. Count 2 charged Blattner with possessing a firearm during and in relation to a drug trafficking crime on Aug. 6, 2012. Counts 3 and 4 charged Blattner with being a felon in possession of firearms and ammunition on Aug. 6, 2012 and Aug. 17, 2012. Blattner’s prior criminal history includes four prior narcotics trafficking convictions in the 2nd and 13th Judicial District Courts for the State of New Mexico
In Aug. 2014, a federal grand jury filed an eight-count superseding indictment that added Blattner’s wife, Brittany Blattner, 29, as a co-defendant. The superseding indictment charged Blattner with two counts of methamphetamine distribution; two counts of using and carrying a firearm in relation to a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition. It also charged Blattner and Brittany Blattner with one count of jointly distributing methamphetamine. According to the indictment, Blattner and his wife committed the crimes charged in Bernalillo County, N.M., in Aug. 2012.
On April 10, 2015, Blattner entered a guilty plea to Counts 2 and 5 of the superseding indictment, each of which charged him with possessing a firearm in furtherance of a drug trafficking crime. In his plea agreement, Blattner admitted possessing two Glock semi-automatic pistols on Aug. 6, 2012, in furtherance of a methamphetamine trafficking crime. Blattner also admitted possessing two different Glock semi-automatic pistols on Aug. 17, 2012, in furtherance of another methamphetamine trafficking crime.
On March 24, 2015, Brittany Blattner entered a guilty plea to a felony information charging her with simple possession of methamphetamine. In entering the guilty plea, she admitted possessing methamphetamine on Aug. 17, 2012, in Bernalillo County. Brittany Blattner was sentenced on June 29, 2015, to two years of probation.
This case was investigated by ATF’s Albuquerque office and APD, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
19th Member of Mexican Drug Trafficking Organization Pleads Guilty to Drug Trafficking Charges, and Co-Defendant is Sentenced to Five Years in PrisonRead the Press Release
ALBUQUERQUE – One of the 22 defendants charged with federal drug trafficking and international money laundering charges in a superseding indictment filed in Aug. 2017, was sentenced today in federal court in Las Cruces, N.M. One of his co-defendants entered a guilty plea, becoming the 19th defendant to plead guilty in the case.
Twenty-three defendants were charged on April 19, 2017, in a 44-count indictment, as the result of a 16-month DEA-led federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois. During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles. The investigation concluded in April 2017, with a multi-agency law enforcement operation that included the execution of arrest warrants in New Mexico and Texas, and six search warrants in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.
A superseding indictment was filed on Aug. 16, 2017, that included all of the charges from the indictment but removed one defendant. The superseding indictment charged the 22 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017. It also charged nine of the defendants with participating in an international money laundering conspiracy during that same period in time. The superseding indictment also charged certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities, and one defendant with a firearms offense.
The superseding indictment included 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy, which described the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved. For example, the overt acts set forth in the superseding indictment alleged that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; to Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin and 3.56 kilograms of methamphetamine from a courier at a U.S. Border Patrol checkpoint in Oct. 2016.
The superseding indictment also included forfeiture allegations, which sought forfeiture to the United States of the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation.
Today, Diego Armando Rivas-Aguilar, 24, a Mexican national, was sentenced to 63 months in federal prison. Rivas-Aguilar previously pled guilty to conspiracy to distribute methamphetamine and heroin, and to using a communication device in furtherance of a drug trafficking crime on June 29, 2018. Rivas-Aguilar admitted that between April 2016 and Feb. 2017, he maintained a stash house in El Paso, Texas, where he distributed drugs imported into the United States, and the drugs were then transported to Albuquerque and other locations. Rivas-Aguilar admitted that during this period, law enforcement agents seized approximately 15.2 kilograms of methamphetamine and 11.38 kilograms of heroin that had been delivered to the stash house and that Rivas-Aguilar subsequently delivered to transportation crews within the DTO. Rivas-Aguilar is pending sentencing in another case in the U.S. District Court for the Western District of Texas. He will be deported after completing his prison sentences in both cases.
Martin J. Contreras, 26, of Rio Rancho, N.M., entered a guilty plea today to conspiracy and possession of methamphetamine and heroin with intent to distribute. Contreras admitted that in Oct. 2016, he worked with others to distribute controlled substances in New Mexico by driving a vehicle loaded with drugs from Las Cruces to Albuquerque, and that on Oct. 10, 2016, law enforcement agents seized approximately 4.82 kilograms of methamphetamine and 2.38 kilograms of heroin that were concealed in his vehicle. At sentencing, Contreras faces a statutory mandatory minimum of ten years and a maximum of life imprisonment followed by a period of supervised release to be determined by the court.
To date, 19 of the 22 defendants have entered guilty pleas. One defendant has been sentenced. Three defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from IRS Criminal Investigation, the U.S. Border Patrol, New Mexico State Police and Hatch Police Department. Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.