District of New Mexico
Press releases recorded for this federal judicial district.
Navajo Man Pleads Guilty to Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Zachary Wilson, 27, an enrolled member of the Navajo Nation who resides in Dulce, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to sexual abuse charges. Under the terms of his plea agreement, Wilson will be sentenced within the range of 24 to 36 months in prison followed by a term of supervised release to be determined by the court. Wilson also will be required to register as a sex offender.
Wilson was arrested on May 1, 2017, on a two-count indictment charging him with sexual abuse and abusive sexual contact on July 30, 2016, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
During today’s change of plea hearing, Wilson pled guilty to Count 2 of the indictment charging him with abusive sexual contact and to a felony information charging him with abusive sexual contact. In entering the guilty plea, Wilson admitted that on July 30, 2016, he engaged in two acts of sexual contact with a Jicarilla Apache woman who had not reached the age of majority. Wilson also admitted that the victim was incapable of declining to participate in or communicate the unwillingness to engage in a sexual act. Wilson remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney Elisa Dimas 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.
McKinley County Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Jothonnie Yazzie, 29, of Rocksprings, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an indictment charging him possessing child pornography. Yazzie entered the guilty plea under a plea agreement recommending a sentence within the range of 37 to 63 months in prison followed by ten years of supervised release. He also will be required to register as a sex offender after he completes his prison sentence.
The FBI and McKinley County Sheriff’s Office arrested Yazzie on Dec. 20, 2016, on the indictment, which was filed on Dec. 7, 2016, and charged him with possessing visual depictions of minors engaged in sexually explicit conduct. According to the indictment, Yazzie committed the crime between Jan. 2016 and May 2016, in McKinley County, N.M.
During today’s change of plea hearing, Yazzie pled guilty to the indictment. In his plea agreement, Yazzie admitted that from Jan. 2016 through May 2016, he downloaded videos and images of child pornography from the internet and saved them onto his cellular phone. Yazzie further admitted that the phone contained approximately 366 images and 61 videos of child pornography. Yazzie 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 McKinley County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 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 Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Felon from Carlsbad Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ricardo Javier Garza, 41, of Carlsbad, N.M., pled guilty this morning in Las Cruces, N.M., federal court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Garza on May 4, 2017, on a criminal complaint charging him with being a felon in possession of a firearm on March 5, 2014, in Eddy County, N.M. According to the complaint, law enforcement officers found a firearm and multiple rounds of ammunition in Garza’s residence after receiving a tip from Eddy County Crime Stoppers that Garza, a convicted felon, was in possession of stolen firearms.
Garza subsequently was indicted on Sept. 13, 2017, and was charged with being a felon in possession of a firearm and ammunition on March 5, 2014, in Eddy County. According to the indictment, Garza was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated burglary, larceny with a firearm, and receiving stolen property.
During today’s proceedings, Garza entered a guilty plea to the indictment without the benefit of a plea agreement. At sentencing, Garza faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. 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.
Farmington Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Alexis Tarango, 22, of Farmington, N.M., pled guilty last week in federal court in Santa Fe, N.M., to a methamphetamine trafficking charge.
Tarango was arrested on July 13, 2017, on indictment charging him with possession of more than 50 grams of methamphetamine with intent to distribute on Jan. 30, 2016, in San Juan County, N.M. On Jan. 5, 2018, Tarango entered a guilty plea to the indictment without the benefit of a plea agreement.
At sentencing, Tarango faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison.
This case was investigated by the Farmington office of the FBI and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Margaret M. Vierbuchen is prosecuting the case.
Isleta Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – David Lucero, 40, an enrolled member and resident of Isleta Pueblo, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Lucero will be sentenced to a maximum of 24 months in federal prison.
Lucero was arrested in Nov. 2016, on an indictment charging him with assault resulting in serious bodily injury and assault resulting in substantial bodily injury. According to the indictment, Lucero committed the crimes between May 9 and 10, 2016, on the Isleta Pueblo in Bernalillo County, N.M.
During today’s proceedings, Lucero pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury. According to the plea agreement, during the night of May 9, 2016 and into the early morning of May 10, 2016, Lucero was intoxicated and argued with the victim, Lucero’s intimate partner. Lucero became upset and struck the victim in the face. As the result of the assault, the victim suffered a cut on her eyelid and a torn tear duct, and required surgery to repair these injuries.
This case was investigated by the Isleta Pueblo Tribal Police Department. Assistant U.S. Attorneys Nicholas J. Marshall and Jennifer Rozzoni are prosecuting the case 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 largely driven 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.
Texas Man Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Carlos Ivan Todd, 30, of Canutillo, Texas, pled guilty 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.
The DEA arrested Todd and co-defendant Candy May Gonzales, 33, 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, Todd and Gonzales were arrested after Border Patrol Agents at the U.S. Border Patrol Checkpoint on I-25 near Las Cruces, seized three bundles of cocaine concealed in Todd’s vehicle.
During today’s proceedings, Todd pled guilty to a felony information charging him with conspiracy and possession of cocaine with intent to distribute. In entering the guilty plea, Todd admitted that on Oct. 8, 2017, he drove a vehicle containing 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. Todd admitted that he previously agreed with other individuals to drive the cocaine from El Paso, Texas to Albuquerque, N.M., for further distribution.
At sentencing, Todd faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
Co-defendant Gonzales has waived the right to a preliminary hearing and a grand jury presentment, and has been ordered detained pending trial.
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 is prosecuting the case.
California Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Geoffrey Lawrence Marshall, Jr., 25, of La Palma, Calif., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge arising out of a seizure of almost 11 pounds of methamphetamine.
The DEA arrested Marshall in June 2017, after seizing approximately 4.95 kilograms (10.91 pounds) of crystal methamphetamine from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The methamphetamine was contained in eight bundles inside of Marshall’s luggage.
Marshall subsequently was indicted on July 11, 2017, and was charged with possession of methamphetamine with intent to distribute on June 26, 2017, in Bernalillo County, N.M.
During today’s change of plea hearing, Marshall pled guilty to the indictment and admitted that on June 26, 2017, he transported approximately 4.95 kilograms of methamphetamine to Albuquerque on the Greyhound Bus. Marshall further admitted that the methamphetamine was concealed inside cereal cardboard boxes and cardboard drink boxes inside of his luggage.
At sentencing, Marshall faces a mandatory minimum penalty of ten years and a maximum of life in federal prison. Marshall 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 Kimberly A. Brawley.
55th Defendant Sentenced on Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 84 of these defendants have been convicted, including 83 who have entered guilty pleas, and 55 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Yesterday, Albuquerque resident Jennifer Padilla, 39, was sentenced to 24 months in prison for her conviction on a methamphetamine trafficking charge. Padilla will be on supervised release for three years after completing her prison sentence.
Padilla’s co-defendant, Felix Ulibarri, 39, was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016. The indictment was superseded on Aug. 9, 2016, to add Padilla, Leo Lopez, 29, and Joseph Sena, 40, as defendants. The superseding indictment included two conspiracy charges; one charging Ulibarri and Padilla with conspiring to distribute methamphetamine in July 2016, and the other charging Padilla, Lopez and Sena with conspiring to distribute methamphetamine in July 2016. It also charged Ulibarri with distributing methamphetamine on July 11, 2016, and Sena with distributing methamphetamine on July 26, 2016. On Sept. 22, 2017, Padilla pled guilty to a felony information charging her with conspiracy, and admitted facilitating a drug deal by introducing a buyer to Ulibarri, who supplied the methamphetamine. Her three co-defendants previously entered guilty pleas, and Lopez was sentenced on June 19, 2017 to 60 months in prison followed by four years of supervised release.
Sixteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
This case was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Edward Han.
Albuquerque Man Sentenced to Twenty Years for Bank Robbery Spree in August 2016Read the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief of Police Michael Geier of the Albuquerque Police Department (APD) announced today that Christopher James Baum, 37, of Albuquerque, N.M., was sentenced to 20 years in prison for his conviction on federal bank robbery charges. Baum will be on supervised release for three years after completing his prison sentence.
Baum, whose criminal history included three prior bank robbery convictions, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The FBI and APD arrested Baum in Aug. 2016, on a criminal complaint charging him with robbing four banks and attempting to rob a fifth bank in Bernalillo County, N.M. According to the complaint, Baum committed the bank robberies between Aug. 16, 2016 and Aug. 24, 2016, by entering Albuquerque-area banks and demanding money from bank tellers.
On Nov. 3, 2016, Baum pled guilty to a felony information charging him with six counts of bank robbery. In entering the guilty plea, Baum admitted the following criminal conduct:
- Robbing the Bank of the West branch located at 5901 Menaul Blvd. NE on Aug. 16, 2016;
- Robbing the Bank of the West branch located at 2101 Eubank Blvd. NE on Aug. 19, 2016;
- Attempting to rob the Bank of Albuquerque branch located at 4201 Wyoming Blvd. NE on Aug. 23, 2016;
- Robbing the Nusenda Credit Union branch located at 7517 Montgomery Blvd. NE on Aug. 23, 2016;
- Robbing the Wells Fargo Bank branch located at 4700 Tramway Blvd. NE on Aug. 24, 2016; and
- Robbing the Bank of the West branch located at 780 Juan Tabo Blvd. NE on Aug. 30, 2016.
Baum also admitted brandishing a pistol at a bank teller when he committed the Aug. 30, 2016 bank robbery.
This case was investigated by the Albuquerque office of the FBI and APD and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.
Arizona Man Pleads Guilty to Intimidating Flight Crew and Flight Attendants Resulting in Emergency Landing in New MexicoRead the Press Release
ALBUQUERQUE – Robert Tomblin, 55, of Phoenix, Ariz., pled guilty today in federal court in Albuquerque, N.M., to interfering and intimidating flight crew members and flight attendants requiring an emergency landing in New Mexico.
Tomblin was arrested in Aug. 2017, on a criminal complaint charging him with assaulting and intimidating flight crew members and flight attendants while on an aircraft. According to the complaint, on Aug. 21, 2017, a flight from Roswell, N.M., to Phoenix, Ariz., was diverted to the Albuquerque airport due to Tomblin’s belligerent behavior towards the flight crew.
Tomblin was subsequently indicted on Sept. 6, 2017, and charged with interference and intimidating flight crew members and flight attendants by refusing to comply with necessary safety requirements on Aug. 21, 2017. During today’s proceedings, Tomblin pled guilty to the indictment without the benefit of a plea agreement.
According to court documents, approximately five minutes after takeoff, the airline captain was informed by a flight attendant that Tomblin, who was seated in an emergency exit row, appeared to be intoxicated, was acting belligerent and intimidating the flight crew. After observing that Tomblin appeared to be intoxicated, flight attendants asked Tomblin to move to a seat that was not in an emergency exit row due to safety concerns. Tomblin refused to comply with requests from flight attendants, got up from his seat during landing, continued to make phone calls during takeoff and landing of the airplane, and yelled profanity. After landing at the Albuquerque airport, Albuquerque Police Department (APD) officers attempted to escort Tomblin from the airplane, but Tomblin resisted attempts to restrain him, kicked an officer in the leg and head butted two officers before being carried off the plane by officers.
At sentencing, Tomblin faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the APD. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Two More Defendants Sentenced and Two Others Plead Guilty to Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 82 of these defendants have been convicted, including 81 who have entered guilty pleas, and 54 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Last week, two more Albuquerque residents entered guilty pleas. On Dec. 15, 2017, Daniel Carmona, 31, pled guilty to violating federal firearms laws by using and carrying a firearm in relation to a drug trafficking crime. Under the terms of his plea agreement, Carmona will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court. Also on Dec. 15, 2017, in a separate case, Patrick Zamora, 22, pled guilty to a methamphetamine trafficking charge.
This week two other Albuquerque residents were sentenced for their convictions on drug trafficking and firearms charges. Keith Thompson, 49, was sentenced on Dec. 19, 2017, to 70 months in prison followed by three years of supervised release for distributing heroin, and Alex Villarreal, 35, was sentenced on Dec. 19, 2017, to 66 months in prison followed by four years of supervised release for being a felon in possession of firearms and distributing methamphetamine.
Carmona was charged in a criminal complaint with distributing methamphetamine on Aug. 3, 2016, in Bernalillo County, N.M., after he sold approximately 67 grams of methamphetamine to undercover law enforcement agents. Thereafter, on Aug. 9, 2016, Carmona and co-defendants Luis Arreola-Palma, 24, and Gaspar Leal, 47, were indicted and charged with conspiring to distribute methamphetamine from July 21, 2016 through July 25, 2016. Carmona also was charged with distributing methamphetamine on July 25, 2016 and Aug. 3, 2016, and using and carrying a firearm in relation to a drug trafficking crime on Aug. 3, 2016. On Dec. 15, 2017, Carmona pled guilty to carrying a firearm in relation to a drug trafficking crime, and admitted that on Aug. 3, 2016, he carried a firearm when he delivered approximately 55.3 actual grams of methamphetamine to another individual. Arreola-Palma pled guilty on July 28, 2017, and was sentenced on Oct. 26, 2017, to 48 months in prison followed by three years of supervised release. Leal has entered a plea of not guilty to the charges in this case and is pending trial.
Zamora was charged by criminal complaint with distributing approximately 116.8 grams of methamphetamine to an undercover law enforcement agent on June 20, 2016, in Bernalillo County. Zamora’s co-defendants Noe Urias and co-defendant Angelica Marie Santiesteban, 40, were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses. The indictment was superseded on July 28, 2016, to include Zamora and an additional methamphetamine trafficking charge. The superseding indictment charged all three defendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distribution of methamphetamine on June 20, 2016; Urias and Santiesteban with distribution of methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distribution of methamphetamine on May 18, 2016. On Dec. 15, 2017, Zamora pled guilty to a felony information charging him with distribution of methamphetamine, and admitted that on June 20, 2016, he sold methamphetamine to another individual in exchange for money. At sentencing, Zamora faces a maximum penalty of 20 years in federal prison. Urias pled guilty on March 9, 2017, and was sentenced to 41 months in prison followed by three years of supervised release on Dec. 6, 2017. Santiesteban pled guilty on Dec. 8, 2016, and was sentenced to 63 months in prison followed by five years of supervised release on June 27, 2017.
Thompson and his co-defendant Matthew Sandoval, 38, were arrested in July 2016, and charged in a two-count indictment with distributing heroin on May 9, 2016, and distributing methamphetamine on May 19, 2016. Thompson entered a guilty plea on June 29, 2017 and Sandoval entered a guilty plea on June 30, 2017, to heroin trafficking charges. In entering their guilty pleas, Thompson and Sandoval both admitted that on May 9, 2016, they sold heroin to another individual. Sandoval was sentenced on Oct. 19, 2017, to 60 months in prison followed by three years of supervised release.
Villarreal was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 23, 2016, and distributing methamphetamine on May 25, 2016. At the time, Villarreal was prohibited from possessing firearms or ammunition because he was previously convicted on larceny, conspiracy to commit larceny, possession of marijuana with intent to distribute, and aggravated assault. On Aug. 18, 2017, Villarreal pled guilty to the indictment and admitted selling four firearms to an undercover law enforcement agent on May 23, 2016, and 115 grams of methamphetamine to the agent on May 25, 2016. Villarreal acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Seventeen of the defendants charged as the result of the ATF investigation have entered not guilty pleas. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. The case against Carmona is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado. The case against Zamora is being prosecuted by Assistant U.S. Attorney Edward Han. The case against Thompson was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado, and the case against Villarreal was prosecuted by Assistant U.S. Attorney Presiliano Torrez.
Acoma Pueblo Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Mykal Concho, 23, an enrolled member and resident of Acoma Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a statutory rape charge. Concho entered the guilty plea without the benefit of a plea agreement.
Concho was arrested on May 23, 2017, on an indictment charging him with sexually abusing a minor between 12 and 16 years of age. According to the indictment, Concho committed the crime between Nov. 24, 2014 and Dec. 31, 2014, on the Laguna Pueblo in Cibola County, N.M.
During today’s proceedings, Concho pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Concho faces a statutory maximum penalty of 15 years in federal prison. He will also be required to register as a sex offender after he completes his prison sentence. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Elisa Dimas is prosecuting the case 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 largely driven 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.
Last Member of Taos County-Based Drug Trafficking and Money Laundering Ring Pleads GuiltyRead the Press Release
ALBUQUERQUE – Jason Duran, 43, of Albuquerque, N.M., pled guilty yesterday afternoon in federal court in Santa Fe, N.M., to a drug trafficking charge as the result of a 15-month DEA-led multi-agency investigation into a Taos County-based drug trafficking organization led by Ivan Romero, 41, of El Prado, N.M. Under the terms of his plea agreement, Duran will be sentenced to a maximum of 100 months in federal prison followed by a term of supervised release to be determined by the court.
Duran, Ivan Romero and six co-defendants initially were charged with methamphetamine trafficking, heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add a ninth defendant, Elena Carabajal, 27, of El Prado, and five additional charges. The superseding indictment charged Ivan Romero, Duran and his seven co-defendants with conspiring to distribute heroin and methamphetamine from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, 28, of Taos, Melissa Romero, 38, of El Prado, and Wilma Romero, 67, of Taos, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against specific defendants as well as provisions seeking forfeiture to the United States of any and all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
During yesterday’s proceedings, Duran pled guilty to an information charging him conspiracy to possess heroin with intent to distribute. In entering the guilty plea, Duran admitted that he conspired with others to distribute heroin in Taos County from 2012 through 2015. As part of the conspiracy, Duran admitted that he purchased bulk quantities of heroin from heroin suppliers in Bernalillo County, N.M., then transported the heroin to Taos County where it was sold and distributed by other individuals. Duran further admitted that after the heroin was sold, he transported the cash proceeds from the sale of heroin in Taos County back to the suppliers in Bernalillo County. Duran remains in custody pending a sentencing hearing which has yet to be scheduled.
Duran’s codefendants have all entered guilty pleas, and the following five have been sentenced:
- Nicholas Baca, 31, of Cerro, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Juanita Romero, 36, of Chamisa, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Melissa Romero pled guilty in Dec. 2016, to participating in the money laundering conspiracy, and was sentenced on June 14, 2017, to three years of probation;
- Elena Carabajal pled guilty in Jan. 2017, to possession of heroin with intent to distribute, and was sentenced on June 13, 2017, to a year and a day in prison followed by five years of supervised release; and
- Wilma Romero, pled guilty in Jan. 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute, and was sentenced on Nov. 9, 2017 to 24 months in prison followed by five years of supervised release.
The following three defendants remain in custody pending sentencing hearings:
- Tyler Baker, 36, of Albuquerque, N.M., pled guilty in Oct. 2016 to participating in the heroin trafficking conspiracy;
- Ivan Romero pled guilty in Dec. 2016, to participating in a heroin trafficking conspiracy and a money laundering conspiracy. Under the terms of his plea agreement, Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months; and
- Ricco Romero, pled guilty in Dec. 2016, to participating in the heroin trafficking conspiracy and the money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities. Under the terms of his plea agreement, Ricco Romero will be sentenced to a 120-month prison term.
Under the terms of their plea agreements, the defendants to this case are required to forfeit $431,870 in heroin proceeds and firearms to the United States.
According to the admissions contained in the plea agreements of the defendants who have entered guilty pleas as well as other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and his brother Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Juanita Romero was one such dealer who distributed heroin in and around Penasco.
In April 2015, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero subsequently assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288 and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence as well as at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez 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.
Albuquerque Man Pleads Guilty to Brandishing Short-Barreled Shotgun During Armed Robbery of Convenience StoreRead the Press Release
ALBUQUERQUE – William L. Thrash, 51, of Albuquerque, N.M., pled guilty in federal court yesterday to violating the federal firearms laws by brandishing a short-barreled shotgun during the armed robbery of an Albuquerque-area convenience store in March 2017. The guilty plea was entered under a plea agreement that recommends that Thrash be sentenced to 12 years of imprisonment followed by a term of supervised release to be determined by the court.
Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Thrash in Sept. 2017, on a criminal complaint. The criminal complaint charged Thrash with him with violating the Hobbs Act by robbing two businesses engaged in interstate commerce at gunpoint, brandishing a firearm during crimes of violence, and being a felon in possession of a firearm. According to the criminal complaint, Thrash committed one of the Hobbs Act robberies on March 14, 2017 by robbing an Albuquerque-area convenience store on March 14, 2017, and the second robbery on April 15, 2017, by robbing a medical marijuana dispensary located in Bernalillo County, N.M. According to the criminal complaint, Thrash during each of the two robberies.
On April 19, 2017, officers of the Albuquerque Police Department (APD) arrested Thrash on state charges, which have since been dismissed in favor of federal prosecution, while executing a state search warrant at a hotel room in which Thrash was residing. During the search, the officers seized a firearm and ammunition. At the time, Thrash was prohibited from possessing firearms or ammunition because he previously had been convicted on numerous felony offenses, including being a felon in possession of a firearm, auto burglary, escape, child abuse or abandonment, battery on a peace officer, and possession of a deadly weapon or an explosive by a prisoner.
During yesterday’s change of plea hearing, Thrash pled guilty to a felony information charging him with using and brandishing a firearm during a crime of violence. In entering the guilty plea, Thrash admitted brandishing a short-barreled shotgun at store employees when he robbed an Albuquerque-area convenience store on March 14, 2017.
Thrash has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Non-Indian Man from Albuquerque Pleads Guilty to Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Daniel A. Mendoza, 20, a non-Indian man from Albuquerque, N.M., pled guilty today in federal court to assaulting a federal officer.
Mendoza was arrested on Nov. 22, 2016, and was charged by criminal complaint with assaulting an officer of the Pueblo of Isleta Tribal Police Department, who is commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Mendoza assaulted the officer by running his vehicle into the officer’s vehicle while attempting to evade arrest. Mendoza committed the offense on Sept. 22, 2016, on the Isleta Pueblo in Bernalillo County, N.M.
Mendoza was subsequently indicted on Dec. 20, 2016, and charged with assault on a federal officer with a deadly and dangerous weapon, a vehicle, on Sept. 22, 2016, in Bernalillo County.
During today’s proceedings, Mendoza pled guilty to the indictment and admitted that on Sept. 22, 2016, in order to avoid arrest, he backed his truck into an Isleta Pueblo Police patrol vehicle that was being operated by an Isleta Pueblo Police Sergeant who was commissioned as a Special Law Enforcement Officer by the BIA. Mendoza further admitted that he then intentionally drove his truck forward and reversed a second time at a high rate of speed into the Isleta Pueblo Police Sergeant’s patrol vehicle.
At sentencing, Mendoza faces a maximum penalty of 20 years in federal prison. Mendoza remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Pueblo of Isleta Tribal Police Department and the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Mexican National Sentenced to Ten Years for Conviction on Federal Drug Trafficking and Immigration ChargesRead the Press Release
ALBUQUERQUE – Giovanni Montijo-Dominguez, 37, a Mexican national illegally in the United States, was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for his conviction on federal cocaine trafficking and illegal reentry charges. Montijo-Dominguez will be deported after completing his prison sentence.
Montijo-Dominguez and co-defendant Luis Mendoza-Alarcon, 46, also a Mexican national, were arrested on Oct. 7, 2014, and were charged by criminal complaint with cocaine trafficking offenses. They were indicted on Nov. 5, 2014, and both were charged with cocaine trafficking offenses, while Montijo-Dominguez also was charged with illegal reentry to the United States. Mendoza-Alarcon and Montijo-Dominguez subsequently were charged in a superseding indictment on June 30, 2016. The superseding indictment charged Mendoza-Alarcon and Montijo-Dominguez with conspiracy to possess cocaine with intent to distribute from Oct. 3, 2014 through Oct. 7, 2014; Mendoza-Alarcon with carrying a firearm in relation to a drug trafficking crime on Oct. 7, 2014; and Montijo-Dominguez with illegal reentering the United States on Oct. 7, 2014. According to the superseding indictment, the defendants committed the offenses in Bernalillo County, N.M.
On June 2, 2017, after a two-week trial, a federal jury convicted Mendoza-Alarcon and Montijo-Dominguez of conspiring to possess at least five kilograms of cocaine with intent to distribute it to others.
The evidence at trial established that between Oct. 3, 2014 and Oct. 7, 2014, Mendoza-Alarcon negotiated the sale of approximately six kilograms of cocaine from an undercover law enforcement agent. On Oct. 7, 2014, Mendoza-Alarcon and Montijo-Dominguez arrived in a white Chevrolet Tahoe in the parking lot of a store in southwest Albuquerque to meet with undercover agents. Although Mendoza-Alarcon expressed concern to the undercover agents that the parking lot might be occupied by law enforcement, the defendants proceeded with the sale by presenting the undercover agents with a large sum of cash in order to buy six kilograms of cocaine. Law enforcement agents testified that, once the signal to arrest Mendoza-Alarcon and Montijo-Dominguez was given, Montijo-Dominguez attempted to run away, but was quickly caught and arrested. The agents searched the defendants’ white Chevrolet Tahoe, and found a functional firearm loaded with live ammunition.
On July 27, 2017, Montijo-Dominguez pled guilty to Count 3 of the superseding indictment charging him with illegal reentering the United States. In entering the guilty plea, Montijo-Dominguez admitted that he was prohibited from being in the United States on Oct. 7, 2014, because he was previously deported on Dec. 3, 2009 and did not have permission to reenter the United States.
This case was investigated by the Albuquerque office of Homeland Security Investigations and was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec.
Santa Fe Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Daniel M. Schiffmiller, 24, of Santa Fe, N.M., was sentenced last week in federal court in Albuquerque, N.M., for his conviction on firearms-related charges. Schiffmiller was sentenced on Dec. 6, 2017, to 19 months in prison followed by three years of supervised release.
The FBI arrested Schiffmiller on Oct. 21, 2016, on a criminal complaint that charged him with violating the federal firearms laws on Sept. 14, 2016, in Santa Fe County, N.M. According to the criminal complaint, on Sept. 14, 2016, FBI Special Agents seized a modified firearm that had no serial number when they executed a search warrant at Schiffmiller’s storage locker. At the time the FBI executed the search warrant, Schiffmiller was incarcerated at the Santa Fe County Adult Detention Facility.
Schiffmiller subsequently was indicted on Nov. 15, 2016, and was charged with possessing an unregistered firearm and possessing a firearm that had no serial number. According to court documents, Schiffmiller did not have any firearms registered to him in the National Firearms Registration and Transfer Record (NFRTR).
On July 3, 2017, Schiffmiller pled guilty to the indictment and admitted that on Sept. 14, 2016, he possessed a modified shotgun that was not registered to him in the NFRTR. He also admitted that the modified firearm did not have a serial number.
This case was investigated by the Santa Fe office of the FBI and was prosecuted by Assistant U.S. Attorney George C. Kraehe.
Las Cruces Man Pleads Guilty to Using Interstate Communications to Threaten Elementary School StudentsRead the Press Release
ALBUQUERQUE – Michael Anthony Estrada, 24, of Las Cruces, N.M., pled guilty today in federal court to a felony information charging him with using interstate communications to threaten the lives and safety of children at a Las Cruces public elementary school.
Estrada was arrested on a criminal complaint on Sept. 15, 2017, for using social media platforms to post threats to shoot children at a Las Cruces public elementary school. According to the complaint, the threats posted by Estrada led local schools authorities in Las Cruces to shelter students in place and shut down operations until Estrada was apprehended.
During today’s proceedings, Estrada pled guilty to a felony information charging him with threatening to injure through the use of interstate communications. In entering the guilty plea, Estrada admitted that on Sept. 15, 2017, he posted a threat on social media that he was going to shoot up a Las Cruces public elementary school. Estrada further admitted that as a result of his actions, the elementary school he threatened and several other Las Cruces elementary schools were placed on lock down.
At sentencing, Estrada faces a maximum penalty of five years in federal prison. Estrada remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department. Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Laguna Pueblo Man Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Arnold Jones, 33, an enrolled member and resident of Laguna Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child abuse charge under a plea agreement with the U.S. Attorney’s Office.
Jones was arrested in June 2017, on an indictment charging him with engaging in child abuse by operating a motor vehicle recklessly on Dec. 28, 2015, on the Laguna Pueblo in Cibola County, N.M.
During today’s proceedings, Jones entered a guilty plea to the indictment. In entering the guilty plea, Jones admitted that on Dec. 28, 2015, he operated a motor vehicle recklessly within the Laguna Pueblo while under the influence of alcohol. Jones further admitted that his actions endangered the health and wellbeing of his six-year-old child who was a passenger in the vehicle.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Elisa C. Dimas.
Tohatchi Man Sentenced to 210 Months in Prison for Federal Murder ConvictionRead the Press Release
ALBUQUERQUE – Dennison Hale, 44, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., was sentenced today in federal court in Albuquerque, N.M., to 210 months in prison for his conviction on a second-degree murder charge. Hale will be on supervised release for five years after completing his prison sentence.
Hale was arrested on Feb. 23, 2016, by the FBI on a criminal complaint alleging that he murdered a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, on Feb. 20, 2016, Hale struck the victim in the head and fled from the scene of the crime, the victim’s home in Hogsback, N.M. The victim was transported by helicopter to the hospital, where she was pronounced dead. Hale was later indicted on a murder charge on March 23, 2016.
On Feb. 28, 2017, Hale pled guilty to a felony information charging him with second degree murder. In entering the guilty plea, Hale admitted that on Feb. 20, 2016, he killed the victim by striking her twice in the head with a crowbar.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.
This case was brought as part of 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 American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven 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.
Roswell Man Sentenced to Five Years for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joseph Vallejos, 25, of Roswell, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on methamphetamine trafficking charges. Vallejos will be on supervised release for four years after completing his prison sentence.
Vallejos and co-defendant Renee Rodriguez, 33, also of Roswell, were charged in a criminal complaint filed in Sept. 2015, with conspiracy, distribution of methamphetamine, and firearms offenses in Chaves County, N.M. According to the criminal complaint, Vallejos and Rodriguez sold an aggregate of 157.7 grams of methamphetamine to undercover law enforcement officers during nine separate transactions between July 2015 and Sept. 2015. The complaint further charged Rodriguez with brandishing a handgun during a methamphetamine transaction on July 8, 2015.
Vallejos and Rodriguez subsequently were charged in a nine-count indictment that was filed on Dec. 17, 2015. The indictment charged Vallejos and Rodriguez with conspiring to distribute methamphetamine from July 1, 2015 through July 30, 2015. It also charged Rodriguez with distributing methamphetamine on three occasions in July 2015, and Vallejos and Rodriguez with distributing methamphetamine on four occasions in July 2015. Rodriguez also was charged with brandishing a firearm during a drug trafficking crime on July 8, 2015. According to the indictment, Vallejos and Rodriguez committed the nine crimes in Chaves County.
On Aug. 3, 2016, Vallejos pled guilty to a conspiracy charge and four methamphetamine distribution charges. In entering the guilty plea, Vallejos admitted that he was responsible for distributing approximately 52.6 grams of methamphetamine in Chaves County in July 2015.
On Aug. 12, 2016, Rodriguez pled guilty to two of the distribution of methamphetamine charges and to brandishing a firearm during a drug trafficking crime. In entering the guilty plea, Rodriguez admitted that on July 8, 2015, she distributed approximately 15 grams of methamphetamine to an undercover law enforcement officer, and during that transaction she used and carried a firearm. Rodriguez further admitted that she distributed approximately 11.9 grams of methamphetamine to an undercover law enforcement officer on July 30, 2015. Rodriguez was sentenced on Oct. 31, 2017, to 63 months in prison followed by three years of supervised release.
This case was investigated by the Roswell office of the FBI and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Federal Jury Convicts Albuquerque Resident on Drug Trafficking Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict yesterday afternoon finding Gaspar Leal, 47, guilty of participating in a methamphetamine trafficking conspiracy after a three-day trial, announced Acting U.S. Attorney James D. Tierney and Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents, including Leal, with federal firearms and narcotics trafficking offenses. To date, 81 of the 103 defendants charged as the result of this investigation have been convicted, including 80 who have pleaded guilty, and 52 have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
This week, in addition to the guilty verdict against Leal, two other Albuquerque residents were sentenced for their convictions on federal firearms and drug trafficking offenses.
Guilty Verdict in Trial against Gaspar Leal
Leal and co-defendants Candace Tapia, 23, Bernadette Aurora Tapia, 49, and Brandon Candelaria, 22, were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County. Bernadette Aurora Tapia pled guilty on Dec. 13, 2016, and was sentenced to 21 months in prison followed by three years of supervised release on April 7, 2017. Candace Tapia pled guilty on June 1, 2017, and was sentenced to 18 months in prison followed by three years of supervised release on Oct. 3, 2017. The charges against Candelaria were dismissed on July 18, 2017.
Trial against Leal on the two-count indictment commenced on Dec. 4, 2017, and concluded the afternoon of Dec. 6, 2017, when the jury convicted Leal on Count 1, charging Leal with conspiracy to distribute methamphetamine, and acquitting him on Count 2, charging him with possession of methamphetamine with intent to distribute. The evidence at trial established that in May and June 2016, Leal facilitated the sale of approximately 59.2 grams of methamphetamine to an individual working with the ATF. The jury deliberated approximately three-and-a-half hours before returning its verdict.
At sentencing, Leal faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. Leal has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
United States v. Noe Urias, et al.
Noe Urias and co-defendant Angelica Marie Santiesteban, 40, were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses. The indictment was superseded on July 28, 2016, to include Patrick Zamora, 22, and an additional methamphetamine trafficking charge. The superseding indictment charged all three defendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distribution of methamphetamine on June 20, 2016; Urias and Santiesteban with distribution of methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distribution of methamphetamine on May 18, 2016.
On March 9, 2017, Urias pled guilty to Count 3 of the superseding indictment charging him with distribution of methamphetamine and admitted that on May 18, 2016, he sold methamphetamine in exchange for money. Santiesteban pled guilty on Dec. 8, 2016, and was sentenced to 63 months in prison followed by five years of supervised release on June 27, 2017.
Noe Urias, 35, was sentenced on Dec. 6, 2017, to 41 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Zamora has entered a plea of not guilty and is pending trial.
United States v. Jorge Chacon
Jorge Chacon was charged in a seven-count indictment filed on June 30, 2016, with drug trafficking and firearms offenses. Chacon was charged with distributing methamphetamine and using and carrying a firearm in relation to a drug trafficking crime on May 16, 2016; being a felon in possession of a firearm on May 16, 2016, May 19, 2016, and twice on May 26, 2016; and possession a firearm with an obliterated serial number on May 26, 2016. According to the indictment, Chacon was prohibited from possessing firearms or ammunition because he previously been convicted of burglary, aggravated battery and aggravated assault with a deadly weapon.
On Feb. 13, 2017, Chacon pled guilty to Count 2 of the indictment charging him with carrying a firearm during and in relation to a drug trafficking crime, and admitted that on May 16, 2016, he possessed a firearm during the sale of methamphetamine. Chacon, 34, was sentenced on Dec. 6, 2017, to 60 months in prison followed by three years of supervised release for using and carrying a firearm in furtherance of a drug trafficking crime.
Nineteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas or have been found guilty to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. The case against Leal is being prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Kimberly A. Brawley. The case against Urias is being prosecuted by Assistant U.S. Attorney Edward Han. The case against Chacon was prosecuted by Assistant U.S. Attorney Norman Cairns.
Federal Grand Jury Files Superseding Indictment in Criminal Case Against Co-Founders of Ayudando GuardiansRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., filed a superseding indictment on Dec. 5, 2017, in the criminal case against Susan Harris, 71, and Sharon Moore, 62, the co-founders of Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando Guardians or Ayudando), a now defunct non-profit Albuquerque-based corporation that provided guardianship, conservatorship and financial management services to hundreds of individuals with special needs. The superseding indictment amends the original indictment by adding two new defendants, William S. Harris, 56, and Craig M. Young, 52, the husband and son, respectively, of defendant Susan Harris, and five new counts of money laundering.
The superseding indictment, which was filed under seal, was unsealed earlier today after the Special Agents of the FBI and IRS Criminal Investigation arrested William Harris and Young, both of whom made their initial appearances before U.S. Magistrate Judge Steven C. Yarbrough in federal court in Albuquerque this morning. William Harris and Curtis are scheduled to return to court tomorrow morning for detention hearings, when they also will be arraigned on the superseding indictment. Moore is scheduled to be arraigned on the superseding indictment on Dec. 11, 2017, and Susan Harris is scheduled for arraignment on Dec. 12, 2017.
The Original Indictment
The original indictment, which was filed on July 11, 2017, generally alleged that Susan Harris and Moore perpetuated a decade-long sophisticated scheme to embezzle funds from client trust accounts managed by Ayudando Guardians. According to the indictment, Ayudando Guardians received government benefit payments from the U.S. Department of Veterans Affairs (VA) and U.S. Social Security Administration (SSA) on behalf of many of its clients, and acted as a fiduciary or representative payee for these clients by paying their expenses and maintaining the balances for the benefit of the clients. The indictment alleged that Harris and Moore, the primary owners and operators of Ayudando, embezzled millions of dollars from their special needs clients to support lavish lifestyles for themselves and their families.
The original indictment was comprised of 28-counts, including two conspiracy counts, ten counts of mail fraud, ten counts of aggravated identify theft and six counts of money laundering. It alleged that from Nov. 2006, when Harris and Moore founded Ayudando, and continuing until July 2017, Ayudando, Harris and Moore embezzled millions of dollars from Ayudando client accounts to cover their personal expenses and support lavish lifestyles for themselves and their families. According to the indictment, Harris and Moore perpetuated the embezzlement scheme by:
- Establishing Ayudando as a non-profit corporation in Nov. 2006, to position it as a guardian, conservator, fiduciary and representative payee for individuals needing assistance with their financial affairs;
- Setting up client trust and company bank accounts which only they controlled;
- Transferring funds from client accounts to Ayudando company accounts;
- Using client funds to pay off more than $4 million in charges on a company credit card account used by Harris, Moore and their families for personal purposes;
- Writing checks from Ayudando company accounts to themselves, cash and to cover personal expenses; replenishing depleted client accounts with funds taken from other clients; mailing fraudulent statements and certifications to the VA; and
- Forging and submitting forged bank statements to the VA.
The mail fraud charges in the original indictment described some of the fraudulent documents allegedly mailed by Ayudando, Harris and Moore to the VA to perpetuate and conceal their embezzlement scheme. For example, between Jan. 2016 and Nov. 2016, Moore allegedly mailed fraudulent documents to the VA that falsely represented the balances in ten client accounts. The documents falsely claimed that the ten client accounts had an aggregate balance of $1,906,908, when the actual value of the ten accounts was only $72,281. The original indictment identified the ten client accounts as examples of the fraud allegedly perpetrated by the defendants as part of their embezzlement scheme.
According to the original indictment, Ayudando, Harris and Moore also engaged in aggravated identify theft by using their clients’ names, dates of birth, Social Security Numbers and VA file numbers to commit mail fraud offenses. Harris and Moore also allegedly committed money-laundering offenses by using $392,623 from the Ayudando client reimbursement account to pay off balances on a company credit card used by the defendants and their families for personal purposes.
The original indictment included forfeiture provisions seeking forfeiture to the United States of any proceeds and property involved in, or derived from, the defendants’ unlawful conduct.
The Superseding Indictment
The superseding indictment is the result of an ongoing multi-agency investigation by the FBI, IRS Criminal Investigation, U.S. Marshals Service (USMS), VA Office of Inspector General and SSA Office of Inspector General. It amends the original indictment by adding William Harris and Young as defendants to the two conspiracy counts, ten mail fraud counts, and eight of the ten substantive money laundering counts. The superseding indictment also adds several new overt acts to Count 1, the conspiracy charge, including the following:
- From Oct. 2010 through July 2017, Susan Harris, Moore and Young allegedly paid Young’s personal mortgage through a series of 83 checks totaling $206,970 from Ayudando bank accounts.
- From March 2013 through July 2017, Susan Harris, William Harris, Moore and Young maintained a private box at the University of New Mexico basketball arena, also known as the “Pit,” and allegedly provided $304,863 in Ayudando client funds to the UNM Lobo Club, UNM Athletic Department, UNM Catering and UNM Ticketing Services.
- In March 2014, Susan Harris and Moore allegedly invested $100,000 in Ayudando client funds to a fantasy football software company.
- Between July 2014 and July 2017, Susan Harris, William Harris, Moore and Young, allegedly paid $20,900 in Ayudando client funds to William Harris’s mother in exchange for a recreational vehicle.
- Between Nov. 2014 and Oct. 2015, Susan Harris, William Harris and Moore allegedly used $15,700 of Ayudando client funds to pay a New Mexico state tax liability incurred by William Harris while operating an unrelated business.
- In March 2017, Susan Harris, William Harris and Moore allegedly applied for a $250,000 business loan supposedly to expand Ayudando’s business but actually to “pay back” clients from whom they had taken money without authorization.
The superseding indictment also includes the following two new counts of money laundering against Susan Harris and Moore. Counts 22 and 23 allege that on Feb. 28 and 29, 2016, Susan Harris and Moore engaged in financial transactions intended to conceal that they involved the proceeds of mail fraud when they made payments to the UNM Lobo Club. It also includes three new counts of money laundering against all four defendants. Counts 26 and 27 charge the four defendants with engaging in financial transactions involving the alleged $100,000 investment in the fantasy football software company, and Count 30 charges the four defendants with a money laundering charge relating to the use of Ayudando client funds for “Pit” related expenses.
The forfeiture provisions in the superseding indictment are amended to seek forfeiture of the following parcels of real estate and the following vehicles:
- The Albuquerque residence of Susan Harris and William Harris;
- The Albuquerque residence of Moore;
- The Albuquerque residence of Young;
- Two Albuquerque residences owned by Moore;
- A 2018 5th Wheel Vehicle owned by Susan Harris and William Harris; and
- A 2014 Jeep Wrangler.
Ayudando Guardian, as a corporate entity, was charged as a defendant in the original indictment but to date has not had an attorney enter an appearance on its behalf. On July 19, 2017, the USMS took over Ayudando’s business operations under a federal court order authorizing it to operate the business so that its assets were not improperly spent or removed, and so that the interests of Ayudando clients were protected as the prosecution of the criminal case moved forward. On Aug. 31, 2017, the USMS announced that it was closing the offices of Ayudando Guardians while continuing to be responsible for managing Ayudando’s business affairs under a protective restraining order issued by the federal court. Ayudando Guardians is not named as a defendant in the superseding indictment.
Statutory Penalties for Charges in Superseding Indictment
If the defendants are convicted on the crimes charged in the superseding indictment, they face the following maximum statutory penalties:
- Count 1, conspiracy – 30 years of imprisonment and a $250,000 fine;
- Counts 2-11, mail fraud – 30 years of imprisonment and a $250,000 fine;
- Counts 12-21, aggravated identity theft – a mandatory two-years of imprisonment that must be served consecutive to any other sentence imposed on other counts and a $250,000 fine;
- Counts 22-23, money laundering – 20 years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime;
- Counts 23-32, money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime; and
- Count 33, conspiracy to commit money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime.
Susan Harris and Moore have entered not guilty pleas to the original indictment. Arraignment hearings on the superseding indictment for the four defendants have not yet been scheduled.
The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the superseding indictment, and are leading the continuing investigation. The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.
Information about the federal investigation into Ayudando Guardians is available at www.justice.gov/usao-nm/ayudando-guardians.
Charges in indictments are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Ayudando Superseding IndictmentColorado Man Sentenced to 121 Months for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Saul Cerros, 36, of Northglenn, Colo., was sentenced today in federal court in Las Cruces, N.M., to 121 months in prison for his conviction on methamphetamine trafficking charges. Cerros will be on supervised release for five years after completing his prison sentence.
Cerros was arrested on Sept. 28, 2016, on a four-count indictment charging him with methamphetamine trafficking offenses. Cerros was charged with conspiring to distribute methamphetamine from March 27, 2015 through March 31, 2015, and with distributing methamphetamine twice on March 27, 2015, and again on March 31, 2015. According to the indictment, Cerros committed the offenses in Dona Ana County, N.M.
On April 10, 2017, Cerros pled guilty to the indictment. In entering the guilty plea, Cerros admitted selling an aggregate of 891.56 grams of pure methamphetamine to undercover law enforcement agents on three separate occasions; twice on March 27, 2015, and a third time on March 31, 2015. Cerros further admitted that he personally smuggled the methamphetamine involved in one of the drug deals into the United States from Mexico.
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 Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office.
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.
Navajo Man from McKinley County Pleads Guilty to Federal Child Abuse ChargesRead the Press Release
ALBUQUERQUE – Roland Skeets, 27, an enrolled member of the Navajo Nation who resides in Smith Lake, N.M., pled guilty today in federal court in Albuquerque, N.M., to child abuse charges. Skeets’ plea agreement recommends that he be sentenced to a prison term within the range of 15 to 21 months.
Skeets was arrested in Aug. 2017, on an indictment charging him with child abuse resulting in great bodily injury to a male victim and child abuse endangering a female victim. According to the indictment, the crimes took place on March 25, 2016, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Skeets pled guilty to an information charging him with assault resulting in substantial bodily injury. In entering the guilty plea, Skeets admitted that on March 25, 2016, he assaulted a four-year-old child by pushing the child to the ground and yanking him back up by the arm, which fractured the child’s clavicle. Skeets acknowledged that at the time he assaulted the child, he was intoxicated. Skeets further admitted that, after assaulting the child, he continued yelling, causing his girlfriend to flee with the injured child and other children to a neighbor’s house in order to call police.
Skeets remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Navajo Man from Hogback, N.M, Sentenced to Nine Years for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Gary Begay, 24, an enrolled member of the Navajo Nation who resides in Hogback, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 108 months in prison for his conviction on an assault charge. Begay will be on supervised release for three years after completing his prison sentence.
Begay was arrested in June 2016, on an indictment charging him with sexual assault and assault resulting in serious bodily injury. According to the indictment, Begay committed the crimes on March 14, 2015, on the Navajo Indian Reservation in San Juan County, N.M.
On Feb. 16, 2017, Begay pled guilty to Count 2 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Begay admitted assaulting the victim by striking the victim with his fists and a bottle, breaking the victim’s teeth and causing serious bodily injury to the victim.
This case was investigated by the Farmington office of the FBI, the Navajo Nation Department of Public Safety and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
Laguna Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Waylon D. Victorino, 25, an enrolled member and resident of Laguna Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 15 months in prison for his assault conviction. Victorino will be on supervised release for three years after completing his prison sentence.
Victorino was arrested in Dec. 2016, on a criminal complaint charging him with assaulting a man and woman from Laguna Pueblo resulting in serious bodily injury. According to the complaint, Victorino first assaulted the female victim causing swelling and bruising on her right eye, bruising on her arms and a visible bite mark on the victim’s right wrist. The complaint further alleges that the male victim attempted to intervene between the Victorino and the female victim, at which point, Victorino began hitting the male victim in the face resulting in the male victim losing consciousness.
Victorino subsequently was indicted on Jan. 24, 2017, and was charged with assaulting a man and woman resulting in serious bodily injury on Dec. 11, 2016, on the Laguna Pueblo in Cibola County, N.M.
On March 16, 2017, Victorino pled guilty to one count of assault resulting in serious bodily injury and admitted that on Dec. 11, 2016, he assaulted a male victim resulting in serious bodily injury. In his plea agreement, Victorino admitted that he was assaulting a female victim when a male victim attempted to help her. Victorino admitted that he responded by hitting, punching and kicking the male victim. Victorino further admitted that as the result of the assault, the male victim required medical attention, suffered bruising, and one of his eyes was blind and swollen shut for a week.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Special Assistant U.S. Attorney Lucy Solimon prosecuted the case 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 largely driven 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.
Albuquerque Woman Pleads Guilty to Federal Drug Trafficking and Mail Theft ChargesRead the Press Release
ALBUQUERQUE – JoAnn Bell, 37, of Albuquerque, N.M., pled guilty today in federal court to drug trafficking and theft of mail charges under a plea agreement with the U.S. Attorney’s Office that recommends a five year term of imprisonment.
Bell and co-defendant Nathan Berke, 37, also of Albuquerque, were indicted on May 24, 2017. The 14-count indictment charges Bell and Berke with conspiracy to possess methamphetamine with intent to distribute, possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime and possession of stolen mail on July 28, 2016, in Bernalillo County, N.M. Bell was charged individually with being a felon in possession of a firearm on July 28, 2016, in Bernalillo County. Berke was charged individually with possession of methamphetamine with intent to distribute on Aug. 9, 2016, in San Juan County, N.M.; being a felon in possession of a firearm on July 28, 2016, in Bernalillo County; possession of stolen mail on Aug. 9, 2016, in San Juan County; and three counts of bank fraud and three counts of aggravated identity theft from July 23, 2016 through July 25, 2016, in New Mexico and Colorado.
During today’s proceedings, Bell pled guilty to conspiracy, possession of methamphetamine with intent to distribute and possession of stolen mail. In entering the guilty plea, Bell admitted that on July 28, 2016, she and another individual were in possession of approximately 100 grams of methamphetamine which they intended to distribute to others. Bell further admitted that on that same day, she was in possession of mail belonging to others that had been stolen from an authorized depository for United States mail.
Berke has entered a plea of not guilty to the charges against him and is pending trial. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
Bell was previously arrested in Sept. 2016, on a criminal complaint charging her with repeatedly stealing mail from U.S. Postal Service mail collection boxes located outside of U.S. Post Offices in Albuquerque by using a “fishing” device she fed into the mailbox to “fish” mail out. Bell was indicted in this case on Oct. 12, 2016, and was charged with stealing and receiving stolen mail on Sept. 18, 2016 in Bernalillo County. On March 30, 2017, Bell pled guilty to the indictment and admitted using a “fishing” device to pull mail out of USPS collection boxes on Sept. 17 and 18, 2016. The sentence imposed in this case will run concurrent to the five-year term of imprisonment Bell has agreed to in her guilty plea entered today.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Sean J. Sullivan.
Albuquerque Man Pleads Guilty to Federal Conspiracy and Bank Fraud Charges Arising Out of Mail Theft SchemeRead the Press Release
ALBUQUERQUE – Fernando Cairo-Rosell, 29, of Albuquerque, N.M., pled guilty today in federal court to conspiracy and bank fraud charges arising out of a scheme to steal mail from USPS collection boxes at U.S. Post Offices in the Albuquerque area in July and Aug. 2017.
U.S. Postal Inspectors arrested Cairo-Rosell and co-defendants Jorge R. Cabrera, 20, Hector Lau, 21, and Yarelys Marquez, 19, all of Albuquerque, on Aug. 30, 2017, based on criminal complaints charging them with theft of mail and bank fraud charges. The criminal complaint alleged that in July and Aug. 2017, mail collection boxes at USPS stations in Albuquerque repeatedly were broken into and mail was stolen. The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks deposited in the mail collection boxes had been stolen, altered and deposited into accounts allegedly held by the defendants.
The four defendants were subsequently charged with conspiracy and nine counts of bank fraud in a ten-count indictment, which was filed on Sept. 21, 2017. According to the indictment, the four defendants participated in a conspiracy to commit bank fraud that began in July 2017 and continued until Aug. 2017, and operated in Bernalillo County, N.M. The indictment also charges the four defendants with committing bank fraud against four credit unions that maintain branches in Albuquerque. The indictment alleges that the defendants conspired to commit bank fraud by stealing checks that had been deposited in U.S. mail depositories, altering the checks, and attempting to pass the checks off as legitimate to banking institutions. The indictment alleges that as part of their bank fraud scheme, the defendants deposited checks, which had been altered to make them payable to members of their conspiracy and in amounts ranging from $500 to $4,754, into bank accounts held by members of the conspiracy.
During today’s proceedings, Cairo-Rosell pled guilty to conspiracy and five counts of bank fraud under a plea agreement with the U.S. Attorney’s Office. In entering the guilty plea, Cairo-Rosell admitted that from July 10, 2017 through Aug. 9, 2017, he conspired with others to deposit altered checks which Cairo-Rosell knew had been stolen from mailboxes throughout Albuquerque. Cairo-Rosell further admitted that on at least four occasions, he allowed his bank account at an Albuquerque-area credit union to be used to deposit checks in exchange for a portion of the check-cashing proceeds.
At sentencing, Cairo-Rosell faces a maximum penalty of 30 years in federal prison. A sentencing hearing has yet to be scheduled.
Cabrera, Lau and Marquez have entered pleas of not guilty to the charges against them and are pending trial. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Alrenzon Yazzie, 20, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Yazzie was arrested in Sept. 2017, on a criminal complaint charging him with killing a Navajo woman on Sept. 3, 2017, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, Yazzie killed the victim by running her over with a vehicle. At the time Yazzie ran over the victim, Yazzie was driving under the influence of alcohol.
During today’s proceedings, Yazzie pled guilty to a felony information charging him with involuntary manslaughter and admitted killing the victim by striking her with his vehicle while driving recklessly while under the influence of alcohol. Yazzie acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
At sentencing, Yazzie faces a maximum statutory penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
California Woman Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Toniette Rochelle Doty, 47, of San Bernardino, Calif., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
The DEA arrested Doty in March 2017, after seizing approximately 1.10 kilograms (2.42 pounds) of marijuana and 0.9 kilograms (1.98 pounds) of methamphetamine from her during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The marijuana and methamphetamine were contained in eight bundles inside of Doty’s luggage.
Doty subsequently was indicted on March 14, 2017, and was charged with possession of methamphetamine with intent to distribute on March 1, 2017, in Bernalillo County, N.M.
During today’s change of plea hearing, Doty pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering the guilty plea, Doty admitted that on March 1, 2017, she transported approximately 0.9 kilograms of methamphetamine from Los Angeles, Calif., to Albuquerque on the Greyhound Bus. Doty further admitted that she intended to give the methamphetamine to another individual when she reached her destination of Little Rock, Arkansas, for further distribution.
At sentencing, Doty faces a maximum penalty of 20 years in federal prison. A sentencing hearing 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 Rumaldo R. Armijo.
Eric Matthew Reddick Pleads Guilty to Federal Armed Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Eric Matthew Reddick, 22, of Albuquerque, N.M., pled guilty today in federal court to a two-count indictment charging him with violating the Hobbs Act and federal firearms laws. The charges against Reddick arise out of the armed robbery of a convenience store on Oct. 6, 2017, during which Reddick shot and injured two individuals. Reddick entered the guilty plea without the benefit of a plea agreement.
Acting U.S. Attorney James D. Tierney said that Reddick is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The FBI arrested Reddick on Oct. 12, 2017, on a criminal complaint charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce and with discharging a firearm during a crime of violence on Oct. 6, 2017, in Bernalillo County, N.M. According to the criminal complaint, on Oct. 6, 2017, Reddick entered an Albuquerque-area convenience store and placed a pack of gum and a dollar bill on the counter. When the store clerk opened the cash drawer, Reddick pointed a firearm at the store clerk, and demanded and obtained cash from the store clerk. As he left the convenience store, Reddick fired several rounds of ammunition at the store clerk and a witness who was taking photographs of him with a cellular telephone, hitting and injuring both of them.
Later that day, officers of the Albuquerque Police Department (APD) arrested Reddick, who was in the vehicle in which he used to flee from the convenience store, on related state charges, which have been dismissed in favor of federal prosecution. In the vehicle, the officers observed a firearm during an inventory search.
Reddick was subsequently indicted on Oct. 24, 2017, and charged with violating the Hobbs Act by robbing a business engaged in interstate commerce and brandishing and discharging a firearm during and in relation to a crime of violence on Oct. 6, 2017, in Bernalillo County.
At sentencing, Reddick faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge. Reddick also faces a statutory mandatory minimum of ten years of imprisonment for discharging a firearm during a crime of violence, which must be served consecutive to any sentence imposed on the other charge.
This case was investigated by the Albuquerque office of the FBI and APD. Special Assistant U.S. Attorney Timothy Trembley is prosecuting the case.
Albuquerque Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Jonathan James, 44, of Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
James was arrested on Aug. 25, 2017, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, James was convicted in Nov. 2005, of sexual abuse of a minor in Indian Country, and was sentenced to 121 months in prison. According to court documents, James violated the conditions of his supervised release after completing his prison sentence when he repeatedly failed to notify his probation officer to any change in residence or employment.
James subsequently was charged by indictment on Sept. 21, 2017, with violating SORNA by failing to update his sex offender registration in Bernalillo County, N.M., between June 2017 and Aug. 2017.
During today’s proceedings, James pled guilty to a felony information charging him with failing to update his sex offender registration between June 2017 and Aug. 2017, in Bernalillo County. James entered the guilty plea without the benefit of a plea agreement. At sentencing, James faces a maximum penalty of ten years in federal prison followed by a minimum of five years to a lifetime of supervised release. James will also be required to register as a sex offender when he completes his prison sentence pursuant to his previous sexual abuse conviction. James remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and was prosecuted by Special Assistant U.S. Attorney Lucy Solimon.
Federal Grand Jury Charges Four Men with Exploiting Big Crow Program Office at Kirtland Air Force Base to Perpetuate Multi-Million Dollar Fraud SchemeRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., returned an indictment yesterday charging four men with exploiting the now defunct Big Crow Program Office at Kirtland Air Force Base to perpetuate a multi-million dollar scheme to defraud the United States. The 46-count indictment charges Milton Boutte, 72, of Moriarty, N.M., George Lowe, 55, of Fort Washington, Md., and Jose Diaz, 58, and Arturo Vargas, 54, both of El Paso, Texas, with perpetuating the fraudulent scheme from Oct. 2004 through Feb. 2009, in Bernalillo County, N.M., and elsewhere.
Acting U.S. Attorney James D. Tierney announced the filing of the indictment after it was posted on the court’s website this morning. The four defendants will be summoned into federal court in Albuquerque for arraignment hearings on dates that have yet to be scheduled.
The indictment generally alleges that the defendants perpetuated their scheme to defraud the United States 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 alleges 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 received a sole-source contract valued at $1,332,109 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 alleges 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 indictment alleges 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 alleges that Diaz and Vargas misappropriated funds authorized under the Vartek contracts to pay Lowe and other unauthorized lobbyists, consultants and contractors. Diaz and Vargas allegedly 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, the defendants allegedly misrepresented in those invoices that Lowe and other lobbyists, consultants and contractors were Vartek employees. To further disguise the diversion of large sums, the defendants made fictional claims for work purportedly performed under the contracts by other persons. The defendants allegedly fabricated the hours that those purported employees worked on the contracts. Diaz and Vargas allegedly 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, the defendants 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 allegedly 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.
Indictment 17-CR-3338-JB
Charges and Statutory Penalties
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.
Boutte IndictmentAlamogordo Felon Sentenced for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Colby Edward Steele, 32, of Alamogordo, N.M., was sentenced today in federal court in Las Cruces, N.M., for violating the federal firearms laws by unlawfully possessing a firearm and ammunition. Steele will serve 41 months in prison followed by three years of supervised release.
Steele was arrested on Feb. 3, 2017, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Feb. 2, 2017. According to the complaint, Steele was arrested in the desert near Alamogordo while attempting to flee from law enforcement officers who were executing a warrant for Steele’s arrest on a parole violation out of Arizona. Officers located a firearm with a chambered round in Steele’s pants pocket and multiple rounds of ammunition in the sand near Steele incident to Steele’s arrest. Steele was prohibited from possessing firearms or ammunition because he previously had been convicted in 2003 of possession of a controlled substance in Otero County, N.M., and in 2008 for being a felon in possession of a firearm in Dona Ana County, N.M.
On May 2, 2017, Steele pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Steele admitted that on Feb. 2, 2017, he possessed a handgun and ammunition when he was arrested by law enforcement. Steele acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Las Cruces office of the FBI, the U.S. Marshals Service and the U.S. Border Patrol. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Paul Donisthorpe Pleads Guilty to Federal Wire Fraud and Money Laundering Charges Arising Out of Scheme to Embezzle $4.8 Million from Client Trust AccountsRead the Press Release
ALBUQUERQUE – Paul Donisthorpe, 62, pleaded guilty this morning in federal court in Albuquerque, N.M., to wire fraud and money laundering charges arising out of a fraudulent scheme to embezzle more than $4.8 million from client trust accounts managed by Desert State Life Management (DSLM), a trust company he operated and controlled. Donisthorpe entered the guilty plea under a plea agreement that recommends that he be sentenced to eight-to-twelve years of imprisonment followed by a term of supervised release to be determined by the court. The plea agreement also requires that Donisthorpe pay $4,812,857 in restitution to the victims of his crimes and that he forfeit the proceeds of his criminal activities.
In announcing the guilty plea, Acting U.S. Attorney James D. Tierney said, “This case is about the victims. Victims who were clients of Paul Donisthorpe and his trust company and who relied on Donisthorpe to manage their finances. This morning, Paul Donisthorpe stood up in federal court and admitted violating his clients’ trust and looting their benefits for his personal benefit. The U.S. Attorney’s Office and its partners can now focus their efforts on ensuring that the victims receive the restitution to which they are entitled, and that Donisthorpe spends sufficient time behind bars to consider the impact of his criminal conduct on his clients.”
“This was a heartbreaking case of an individual stealing millions of dollars from elderly, disabled and other New Mexicans with special needs who depended on him to make sure their rent, medical bills and living expenses were paid,” said Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI. “The FBI worked with the U.S. Attorney’s Office and our federal and state partners to obtain justice for these victims, and we hope today’s guilty plea sends a message that these types of crimes will not go unpunished.”
“This investigation revealed that Paul Donisthorpe, the CEO of a non-profit trust agency, was motivated by greed and abused the trust he owed to his clients by stealing $4.8 million of their money. The investigative work of IRS Criminal Investigation revealed that Donisthorpe misused his clients’ money to support a lavish lifestyle and that he concealed his theft by having his employees report incorrect balances in client accounts,” said Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS Criminal Investigation. “IRS Criminal Investigation is proud to have partnered with the Department of Justice to investigate this case, and is committed to protecting New Mexicans from financial harm.”
“At the Financial Institutions Division of the New Mexico Regulation and Licensing Department, we are committed to doing everything in our power to assist the victims who were so cruelly taken advantage of by Paul Donisthorpe, in obtaining restitution. We are also committed to working to strengthen our laws and regulations concerning New Mexico trust companies in order to prevent this type of tragedy from happening to anyone else,” said Christopher Moya, Acting Director of the Financial Institutions Division of the New Mexico Regulation and Licensing Department.
Donisthorpe, a former resident of Albuquerque who currently resides in Bloomfield, N.M., pled guilty this morning to a two-count felony information charging him with wire fraud and money laundering before U.S. Magistrate Judge Laura Fashing. According to the felony information, Donisthorpe was the sole owner and operator of DSLM, a trust company that provided trustee and representative payee services for individuals requiring assistance with their financial affairs. As detailed in the felony information, Donisthorpe perpetuated a decade-long fraudulent scheme pursuant to which he transferred more than $4.8 million from client trust accounts managed by DSLM into accounts he controlled and then used the money for his own personal purposes.
In his plea agreement, Donisthorpe acknowledged that as the chief executive officer, sole owner and operator of DSLM, he was entrusted to provide trustee services and representative payee services to more than 75 clients. Donisthorpe admitted that from at least 2009 through 2016, he violated his duty of trust to his clients by fraudulently transferring client funds from individual client investment accounts to accounts he controlled, converting those client funds to his own use. Donisthorpe made these fraudulent transfers knowing that he was not entitled to the funds; knowing that the clients were not informed of the transfers; and knowing that the clients would not have approved of the transfers if they had been informed. Donisthorpe also admitted concealing his fraudulent scheme by causing his accounting staff to falsely record clients’ balances in DSLM records, and by presenting false and fraudulent documents to the Financial Institutions Division of the New Mexico Regulations and Licensing Department.
The plea agreement includes Donisthorpe’s admission that he regularly used wire communications to facilitate his fraudulent scheme, and includes as an example a reference to a May 10, 2016 email pursuant to which Donisthorpe directed an asset manager to liquidate $95,000 of client investments. Donisthorpe later transferred $50,000 of those funds into an account he controlled. The plea agreement also includes Donisthorpe’s admission that he conducted numerous monetary transactions using the proceeds of his embezzlement scheme and includes as an example his use of a $100,000 check to pay the mortgage for property related to his cattle business knowing that he had stolen the funds from DSLM client accounts.
In his plea agreement, Donisthorpe admitted spending the illegally obtained funds on personal items including business ventures, his home mortgage, the mortgage for a vacation home in Angel Fire, N.M., vehicles, credit card expenditures, and paying off IRS debts.
Under the terms of the plea agreement, Donisthorpe is required to pay restitution in the amount of $4,812,857. Donisthorpe also must forfeit any interest he has in assets derived from or used in the commission of the offenses to which he pleaded guilty. Donisthorpe also agreed to the imposition of a money judgment against him in the amount of $4,812,857, and to the immediate forfeiture of the real properties that are the subject of the pending civil forfeiture action in the case United States v. 130 Hidden Lake Cir., Angel Fire, NM 87710, et al., 17-cv-00644 LF-JHR, including a luxury lodge in Angel Fire, N.M., DSLM’s office building in Albuquerque, a residence in Albuquerque, and a 120-acre cattle ranch in Henderson County, Texas.
After entering the guilty plea, Donisthorpe was released under the supervision of the U.S. Probation Services and other conditions of release pending his sentencing hearing, which has yet to be scheduled.
The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the felony information and the filing of the civil forfeiture case, with assistance from the New Mexico Regulations and Licensing Department’s Financial Institutions Division. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.
Navajo Man from Crownpoint Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Shayliss Ellsworth, 24, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to assault charges. Under the terms of his plea agreement, Ellsworth faces a prison sentence within the range of 70 to 87 months followed by a term of supervised release to be determined by the court.
Ellsworth was arrested on June 21, 2017, on a criminal complaint charging him with stabbing two Navajo women with a knife on June 17, 2017, on the Navajo Indian Reservation in McKinley County, N.M. As the result of the assault, the first victim suffered a cut across her face through her mouth, stab wounds on her left side and right breast, and a cut and stab wound to her left arm which cut her artery causing profuse bleeding. The second victim suffered cuts on her neck and finger and a stab wound on her right arm. According to the complaint, the first victim underwent multiple surgeries including a surgery to amputate her left arm as the result of the assault.
Ellsworth was subsequently charged in a four-count indictment on July 11, 2017, with two counts of assault with a dangerous weapon, a knife, and two counts of assault resulting in serious bodily injury. According to the indictment, the crimes took place on June 17, 2017, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Ellsworth pled guilty to two counts of assault resulting in serious bodily injury. In the plea agreement, Ellsworth admitted that on June 17, 2017, he assaulted two women with a knife causing serious bodily injury to both. Ellsworth further admitted that the first victim suffered stab wounds to her right chest, cuts to her left arm, a deep puncture wound that cut an artery and disfiguring cuts to her face. The first victim underwent multiple surgeries and eventually had her left arm amputated as the result of the injuries caused by Ellsworth. Ellsworth also admitted that the second victim suffered stab wounds to her right shoulder and neck, which required surgery to close.
Ellsworth remains in custody 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. Attorneys Jennifer M. Rozzoni and Niki Tapia-Brito are prosecuting the case as part of 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 largely driven 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.
MEDIA ADVISORY-- Federal and State Officials to Make Significant Law Enforcement AnnouncementRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney will make a significant law enforcement announcement at 2:00 P.M., TODAY, NOVEMBER 27, 2017, at the U.S. Attorney’s Office in Albuquerque, N.M. Acting U.S. Attorney Tierney will be joined by Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Special Agent Clement Rogers of IRS Criminal Investigation in Albuquerque, and Christopher Moya, Acting Director of the New Mexico Regulations and Licensing Department’s Financial Institutions Division.
WHO:
Acting U.S. Attorney James D. Tierney
Special Agent in Charge Terry Wade, Albuquerque Division of the FBI
Special Agent Clement Rogers of IRS Criminal Investigation in Albuquerque
Christopher Moya, Acting Director of the New Mexico Regulations and Licensing Department’s Financial Institutions Division
WHAT:
Significant law enforcement announcement
WHEN:
TODAY (MONDAY), NOVEMBER 27, 2017
2:00 P.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 1:45 p.m. Inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at 505-224-1480 or [email protected].
Carlsbad Man Sentenced to Seven Years for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eric Anthony Lopez, 32, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison for his conviction on methamphetamine and heroin trafficking charges. Lopez will be on supervised release for four years after completing his prison sentence.
Lopez was arrested on March 31, 2017, on a criminal complaint charging him with drug trafficking offenses on Oct. 28, 2015, in Eddy County, N.M. According to the complaint, Lopez was arrested after law enforcement agents located approximately 461 grams of methamphetamine, 39 grams of heroin and $5,620 in cash in Lopez’s vehicle during the execution of a search warrant.
On June 5, 2017, Lopez pled guilty to a felony information charging him with possession of methamphetamine and heroin with intent to distribute. In entering his guilty plea, Lopez admitted that on Oct. 28, 2015, law enforcement found approximately 461 grams of methamphetamine and 39 grams of heroin during a search of his vehicle. Lopez further admitted that he possessed the methamphetamine and heroin with the intent to distribute the substances to other individuals.
This case was investigated by the Las Cruces office of the FBI and the Pecos Valley Drug Task Force. The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. 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. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office prosecuted 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
Navajo Man Sentenced to 97 Months for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Larry June, 58, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 97 months in prison for his conviction on a voluntary manslaughter charge. June will be on supervised release for three years after completing his prison sentence.
The FBI and Navajo Nation Division of Public Safety arrested June in Nov. 2016, on a criminal complaint charging him with killing a Navajo woman by stabbing her with a knife on Nov. 25, 2016, on the Navajo Indian Reservation in San Juan County, N.M. June was subsequently indicted on Dec. 20, 2016, and was charged with second-degree murder.
On Aug. 21, 2017, June pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, June admitted that on Nov. 25, 2016, he stabbed the victim multiple times with a knife during a heated argument, and that the victim died as the result of the injuries she sustained.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Niki Tapia-Brito and Michael D. Murphy prosecuted the case as part of 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 largely driven 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.
Non-Indian Man from Santa Fe County Sentenced for Assault on Indian WomanRead the Press Release
ALBUQUERQUE – Manuel A. Caudillo, 29, a non-Indian man from Alcalde, N.M., was sentenced today in federal court in Albuquerque, N.M., to nine months in prison followed by one year of supervised release for his conviction on a battery on a household member charge.
Caudillo was charged in a criminal complaint filed on Feb. 4, 2016, with assault of an intimate partner by strangulation. According to the complaint, Caudillo assaulted the victim, a Pojoaque Pueblo woman, on Jan. 24, 2016, in the Pojoaque Pueblo within Santa Fe County, N.M., by strangling the victim with his hands to the point the victim lost consciousness, and by attempting to wrap a cord around the victim’s neck. The victim suffered bruising to her forehead, redness to her neck consistent with being strangled and bruising to her arms and knees.
Caudillo was subsequently charged in a four-count indictment on March 8, 2016, with three counts of assault of an intimate partner by strangulation or suffocating, and assault with a dangerous weapon with intent to do bodily harm. According to the indictment, Caudillo committed the crimes on Jan. 24, 2016, on the Pojoaque Pueblo in Santa Fe County.
On Aug. 18, 2017, Caudillo pled guilty to an information charging him with three counts of battery against a household member. In entering the guilty plea, Caudillo admitted that on Jan. 24, 2016, he got into a verbal and physical fight with the victim. During the fight, Caudillo grabbed the victim and pushed her onto a couch, and angrily grabbed and shoved her in a hallway. Police noticed injuries that Caudillo inflicted on the victim.
This case was investigated by the Northern Pueblos Agency of the BIA, Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall and Special Assistant U.S. Attorney Lucy B. Solimon 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 largely driven 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.
Felon from Hobbs Sentenced to Five Years in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jesus Fabian Jimenez, 41, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for violating the federal firearms laws by unlawfully possessing firearms and ammunition. Jimenez will be on supervised release for three years after completing his prison sentence.
Jimenez was arrested on Nov. 10, 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 9, 2014, in Lea County, N.M. According to the indictment, Jimenez was prohibited from possessing firearms or ammunition because he previously had been convicted on battery on a peace officer, larceny and trafficking a controlled substance.
On March 3, 2017, Jimenez pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lea County Drug Task Force and was prosecuted by Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. 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.
Belen Man Sentenced to Six Years for Conviction on Federal Conspiracy, Fraud, Identity Theft and Theft of Mail ChargesRead the Press Release
ALBUQUERQUE – Michael Vallejos, 42, of Belen, N.M., was sentenced today in federal court in Albuquerque, N.M., to 72 months in prison followed by three years of supervised release for his conviction on conspiracy, fraud, identify theft and theft of mail charges. During the sentencing hearing, the Court found that Vallejos was a leader and organizer of the conspiracy and that his criminal conduct resulted in a loss of $95,000 to $150,000.
Vallejos and co-defendants Brandon Sanchez, 24, also of Belen, and Manuel Chavez, 36, Marissa Rios, 27, and Elisha Muller, 32, all of Albuquerque, were charged in a 16-count indictment filed on Dec. 7, 2016, with conspiracy and eight counts of bank fraud. The indictment also charged Vallejos with theft of mail, aggravated identity theft, and tendering of a stolen and altered postal money order, and Sanchez with theft of mail. According to the indictment, the defendants committed the crimes from Nov. 2014 through March 2016, in Bernalillo and Valencia Counties, N.M., by stealing mail from authorized U.S. Mail depositories and from other individuals who had stolen mail. The mail stolen included checks and personal identifiers of victims, which the defendants used to commit further crimes.
On July 25, 2017, Vallejos pled guilty to conspiracy, three counts of theft or receipt of stolen mail, two counts of bank fraud, two counts of aggravated identity theft and one count of tendering of an altered postal money order. In entering the guilty plea, Vallejos admitted the following:
- Between Nov. 12, 2014 and March 26, 2015, Vallejos conspired with others to cash stolen checks that he fraudulently endorsed by forging the legitimate account holder’s name and then split the proceeds from the cashed checks;
- On Nov. 11, 2014, Vallejos stole letters and mail from a U.S. Post Office in Jarales, N.M.;
- On Jan. 2, 2015, and Jan. 14, 2015, Vallejos possessed mail he knew had been stolen;
- On March 20, 2015, Vallejos personally cashed a stolen check that he had previously endorsed to himself;
- On March 26, 2015, Vallejos attempted to cash a stolen check, but the check was rejected;
- On April 6, 2016, Vallejos attempted to pass a stolen and altered postal money order at a U.S. Post Office; and
- On March 20 and 26, 2015, Vallejos used the identity of another person to carry out fraudulent check transactions.
Three of Vallejos’ four co-defendants have entered guilty pleas and have been sentenced. Sanchez pled guilty on April 18, 2017, and was sentenced on July 11, 2017. Chavez pled guilty on March 22, 2017, and was sentenced on June 29, 2017. Muller pled guilty on June 1, 2017, and was sentenced on Sept. 21, 2017.
Rios has yet to be arrested and is considered a fugitive. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The U.S. Postal Inspection Service investigated this case, which is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
Rio Arriba County Man Pleads Guilty to Misdemeanor Offense for Failing to Follow Direction of U.S. Forest Service OfficerRead the Press Release
ALBUQUERQUE – Daniel K. Gonzalez, 35, of Gallina, N.M., pled guilty today in federal court in Albuquerque, N.M., to a misdemeanor offense of interfering with a U.S. Forest Service Officer under a plea agreement that recommends a sentence of 68 days of incarceration or time served.
Gonzalez was charged in a criminal complaint with resisting a U.S. Forest Service officer and recklessly operating a vehicle on July 24, 2017, in Rio Arriba County, N.M. According to the complaint, Gonzalez disregarded commands from the officer to stop his vehicle by fleeing from the officer and driving recklessly through the Santa Fe National Forest.
Gonzalez subsequently was charged in a misdemeanor information filed on Sept. 15, 2017, with resisting and interfering with a U.S. Forest Service Officer, and recklessly operating a vehicle on a National Forest Service System road on July 24, 2017, in Rio Arriba County.
During today’s proceedings, Gonzalez pled guilty to a misdemeanor charge of interfering with a U.S. Forest Service officer. In entering the guilty plea, Gonzalez admitted that on July 24, 2017, he was approached by a U.S. Forest Service officer who was engaged in the performance of his official duties in the protection of the National Forest System. After giving the officer his identifying information, the officer informed Gonzalez that there was an active arrest warrant for Gonzalez out of Bernalillo County, N.M., and that Gonzalez could not leave. Gonzalez admitted driving away and ignoring the officer’s commands to stop. After fleeing from the officer, Gonzales drove his vehicle onto Forest Road 103, turned into and drove through the forest and a barbed wire fence before getting back onto the State Highway.
This case was investigated by the U.S. Forest Service and is being prosecuted by Assistant U.S. Attorney Letitia C. Simms.
Navajo Woman Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Bryana Agnes Henio, 30, an enrolled member of the Navajo Nation who resides in Little Water, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge under a plea agreement with the U.S. Attorney’s Office
Henio was arrested in Oct. 2017, on a criminal complaint charging her with involuntary manslaughter. According to the complaint, Henio killed a man by hitting him with a vehicle on Sept. 8, 2017, on the Navajo Indian Reservation in McKinley County, N.M. At the time Henio ran over the victim, Henio was driving under the influence of alcohol.
During today’s proceedings, Henio pled guilty to a felony information charging her with involuntary manslaughter and admitted killing the victim by driving recklessly while under the influence of alcohol. Henio acknowledged that the alcohol rendered her incapable of exercising clear judgment and a steady hand in operating the vehicle.
At sentencing, Henio faces a maximum statutory penalty of eight years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
Former Employee of New Mexico State Taxation and Revenue Department Pleads Guilty to Federal Extortion ChargesRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division announced today that Larry Mendoza, a former Revenue Agent of the New Mexico Taxation and Revenue Department, has pleaded guilty to Hobbs Act extortion charges in federal court in Albuquerque, N.M.
Mendoza, 44, of Santa Fe, N.M., pled guilty today to a three-count felony information charging him with Hobbs Act extortion under color of official right. The felony information alleges that, between Feb. 2017 and May 2017, Mendoza abused his position as a state Revenue Agent to extort an aggregate of $2,500 from a business owner in return for reducing the business owner’s tax liability. Mendoza entered the guilty plea under a plea agreement with the U.S. Attorney’s Office.
According to the plea agreement, Mendoza was employed by the New Mexico State Taxation and Revenue Department 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.
At sentencing, Mendoza faces a statutory penalty of imprisonment for not more than 20 years and a fine not to exceed $250,000. Mendoza was released under pretrial supervision and other conditions of release pending his sentencing hearing, which has yet to be scheduled.
The FBI offices in Albuquerque and Santa Fe investigated the case, which is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin.
Mendoza Information Mendoza Plea AgreementClovis Man Pleads Guilty to Violating Federal Firearms Laws by Possessing Unregistered Sawed-Off ShotgunRead the Press Release
ALBUQUERQUE – Alan William Weber, 37, of Clovis, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to violating the federal firearms laws by possessing an unregistered sawed-off shotgun.
Weber was arrested on Feb. 23, 2017, on a criminal complaint charging him with firearms offenses. According to the complaint, Weber pointed a firearm at an EMS crewmember following a call for service at Weber’s residence. Law enforcement agents subsequently located a large gun safe in Weber’s residence that contained multiple firearms and ammunition during the execution of a search warrant incident to Weber’s arrest. Further inquiry revealed that on Feb. 23, 2017, Weber did not have any firearms registered to him in the National Firearms Registration and Transfer Record (NFRTR).
Weber was charged in a two-count indictment on July 27, 2017, with being a person previously convicted of a misdemeanor domestic violence offense in possession of a firearm and possession of an unregistered firearm on Jan. 30, 2017, in Curry County, N.M.
During this morning’s change of plea hearing, Weber pled guilty to Count 2 of the indictment charging him with possession of an unregistered firearm. In entering the guilty plea, Weber admitted that on Jan. 30, 2017, he was in possession of a sawed-off shotgun that was not registered to him in the NFRTR.
At sentencing, Weber faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Clovis Police Department and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Acoma Pueblo Man from Cibola County Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Anthony P. Castillo, 49, an enrolled member of the Acoma Pueblo who resides in San Fidel, N.M., pled guilty today in federal court in Albuquerque, N.M., to abusive sexual contact charges. Castillo’s plea agreement recommends a prison sentence within the range of 12 to 18 years followed by a term of supervised release to be determined by the court. Castillo will also be required to register as a sex offender.
Castillo was arrested in April 2017, on a criminal complaint charging him with sexually abusing a Navajo child under the age of 12 years between Jan. 1, 2017 and Feb. 28, 2017, on the Acoma Pueblo in Cibola County, N.M.
During today’s proceedings, Castillo pled guilty to a two-count felony information charging him with abusive sexual contact. In entering the guilty plea, Castillo admitted that between Jan. 1, 2017 and Feb. 27, 2017, he engaged in sexual contact with two child victims under the age of 12 years at a residence on the Acoma Pueblo. Castillo remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez 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/.
50th Defendant Sentenced on Federal Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 80 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 50 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Today, Simon Shields, 37, of Bernalillo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 63 months in prison followed four years of supervised release for his methamphetamine trafficking conviction
Shields and his co-defendant Ray Martinez, 46, were charged in an indictment with conspiracy and methamphetamine trafficking offenses. The indictment was subsequently superseded on July 28, 2016, to include David Corral-Valenzuela, 45. The superseding indictment charged Martinez and Shields with conspiracy to distribute methamphetamine and distribution of methamphetamine on June 13, 2016, Shields and Corral-Valenzuela with conspiracy and distribution of methamphetamine on June 21, 2016, and Corral-Valenzuela with being an alien in possession of a firearm and illegal reentry into the United States on July 6, 2016. The superseding indictment included forfeiture provisions requiring the co-defendants to forfeit $6,550 to the United States. On April 12, 2017, Shields pled guilty to Count 2 of the superseding indictment charging him with distribution of methamphetamine and admitted that on June 13, 2016, he aided and abetted his co-defendant by transporting approximately 56.8 grams of methamphetamine, which was later sold to an undercover law enforcement agent. Shields further admitted that he assisted another co-defendant in selling methamphetamine on June 21, 2016. Martinez entered a guilty plea on Sept. 2, 2016, and was sentenced on Dec. 15, 2016, to 77 months in prison followed by four years of supervised release. Corral-Valenzuela is currently scheduled for trial in Feb. 2018.
Twenty of the defendants charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
This case was investigated by the Albuquerque office of ATF is being prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Paul Mysliwiec
Member of Sunland Park Heroin Trafficking Ring Sentenced to Prison for Federal Narcotics Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eleodoro Sanchez, 62, of Canutillo, Texas, was sentenced today in federal court in Las Cruces, N.M., to 36 months in prison for his conviction on heroin trafficking charges resulting from a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M. Sanchez will be on supervised release for three years after completing his prison sentence.
Sanchez was a member of a heroin trafficking organization operating out of Sunland Park, N.M., that was targeted by a DEA-led investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. 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.
Ten members of the heroin trafficking ring were charged in July 2016, in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The indictment charged all ten defendants with conspiring to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also included 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.
According to the indictment, Sanchez routinely distributed heroin for Raymundo Muñoz, 69, of Sunland Park, the leader of the drug trafficking organization, which was smuggled by couriers into the United States across the international border in El Paso. Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to Sanchez and others. Members of the conspiracy used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.
On March 7, 2017, Sanchez entered a guilty plea to the conspiracy charge and to three counts of possession of heroin with intent to distribute. In entering the guilty plea, Sanchez admitted that from April 2016 through July 2016, he participated in a heroin trafficking conspiracy by obtaining heroin from Munoz and reselling the heroin to others. Specifically, Sanchez admitted that on at least six dates in April and May 2016, he purchased and distributed more than 57 grams of heroin to other individuals on behalf of Munoz.
The following defendants previously entered guilty pleas in the case:
- Raymundo Munoz pled guilty on March 1, 2017, and was sentenced on Aug. 15, 2017, to 72 months in prison followed by four years of supervised release;
- Juan Francisco Rivera, 61, of El Paso, Texas, pled guilty on Feb. 7, 2017, and was sentenced on Oct. 18, 2017, to 108 months in prison followed by five years of supervised release;
- Salvador Delgadillo, 39, of La Mesa, N.M., pled guilty on Aug. 31, 2017, and is pending sentencing;
- Carlos Diaz, 37, of El Paso, Texas, pled guilty on Jan. 24, 2017, and was sentenced on June 29, 2017, to 18 months in prison followed by three years of supervised release;
- Sandra Francis Guzman, 53, of El Paso, Texas, pled guilty on March 21, 2017, and was sentenced on July 25, 2017, to 18 months in prison followed by three years of supervised release;
- Blanca Elisa Tovar, 43, of Phoenix, Ariz., pled guilty on Dec. 13, 2016, and was sentenced on Aug. 23, 2017, to 24 months in prison followed by three years of supervised release;
- Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and was sentenced on May 24, 2017 to time served followed by one year of supervised release; and
- Armando Daniel Marquez, 54 of Sunland Park, N.M., pled guilty on Feb. 23, 2017, and was sentenced on Sept. 19, 2017, to time served followed by three years of supervised release.
The remaining codefendant has yet to be arrested and is considered a fugitive. 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 office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these 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 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.