District of New Mexico
Press releases recorded for this federal judicial district.
Albuquerque Man Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Randy K. Lovett, 34, of Albuquerque, N.M., was sentenced today in federal court to a 77-month term of imprisonment followed by three years of supervised release for his conviction on a bank robbery charge.
Lovett was arrested in April 2017, on a criminal complaint charging him with robbing the Bank of America located at 7644 Jefferson St. NE, in Albuquerque, on April 19, 2017. According to the complaint, Lovett robbed the Bank of America by handing a bank teller a note in which he claimed to have a gun, demanded money, and informed the teller she had 30 seconds to comply. Lovett subsequently was indicted on May 9, 2017, on a bank robbery charge.
On June 28, 2017, Lovett pled guilty to the indictment. In his plea agreement, Lovett admitted presenting a demand note to a bank teller with a message that was intended to intimidate and threaten the teller into complying with his demand. The note stated that Lovett was armed and demanded cash in denominations of $50 and $100 bills.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Howard Thomas prosecuted the case.
Silver City Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Cruz Jose Martinez, 32, of Silver City, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Martinez was arrested in June 2016, and was charged by criminal complaint with possessing methamphetamine with intent to distribute on June 8, 2016, in Dona Ana County, N.M. According to the complaint, law enforcement officers found approximately 338.6 grams of methamphetamine in the backseat of a vehicle in which Martinez was a passenger during a traffic stop.
Martinez subsequently was indicted on Sept. 21, 2016, and was charged with possession of methamphetamine with intent to distribute. On Nov. 16, 2016, Martinez pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the FBI, the New Mexico State Police and the Las Cruces Police Department. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Felon from Roswell Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Gilbert Dutchover, 58, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to an 18-month term of imprisonment for violating the federal firearms laws. Dutchover will be on supervised release for two years after completing his prison sentence.
Dutchover was arrested on May 5, 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Aug. 18, 2014, in Chaves County, N.M. According to the indictment, Dutchover previously was convicted of unlawful carrying of a firearm into a licensed liquor establishment, being a felon in possession of a firearm or destructive device, receiving stolen property, and cocaine trafficking.
On July 10, 2017, Dutchover pled guilty to the indictment and admitted that on Aug. 18, 2014, law enforcement officers found a pistol and ammunition in his garage while executing a search warrant at his residence. Dutchover further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chaves County Sheriff’s Office and the Pecos Valley Drug Task Force. Assistant U.S. Attorneys Luis A. Martinez and Selesia L. Winston of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
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.
Valencia County Man Pleads Guilty to Violating Federal Drug Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – William Douglas Warwick, 53, of San Clemente, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating federal drug trafficking and firearms laws. Warwick entered the guilty plea under a conditional plea agreement under which he reserved the right to appeal from the court’s denial of his motion to suppress evidence, and with the understanding that if he prevails on his appeal, he will be permitted to withdraw his guilty plea.
Warwick was arrested on Nov. 7, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on Aug. 3, 2016, in Valencia County, N.M. According to the complaint, FBI agents located two rifles, multiple rounds of ammunition and methamphetamine in Warwick’s residence during the execution of a search warrant.
Warwick was charged in a two-count indictment filed on Dec. 7, 2016, with being an addict and a convicted felon in possession of firearms. The indictment was superseded on March 28, 2017, and charged Warwick with being an addict and convicted felon in possession of firearms on Aug. 3, 2016 and Nov. 7, 2016, and possession of methamphetamine with intent to distribute on Nov. 7, 2016. According to the superseding indictment, Warwick committed the crimes in Valencia County. Warwick was prohibited from possessing firearms or ammunition because he previously had been convicted of manufacturing methamphetamine and tampering with evidence.
During today’s proceedings, Warwick entered a guilty plea under a conditional plea agreement to Counts 1 and 3 of the superseding indictment charging him with being an addict and felon in possession of a firearm and possession of methamphetamine. In entering the guilty plea, Warwick admitted that on Aug. 3, 2016, he was an unlawful user of controlled substances and a convicted felon while in possession of a rifle. Warwick further admitted that on Nov. 7, 2016, law enforcement agents located approximately 45.7 grams of pure methamphetamine on his person during the execution of a search warrant.
At sentencing, Warwick 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 FBI and is being prosecuted by Assistant U.S. Attorney’s Matthew Beck and Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Non-Indian Man from Albuquerque Pleads Guilty to Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Vincent P. Luciani, 26, a non-Indian man from Albuquerque, N.M., pled guilty today in federal court to assaulting a federal officer. Luciani’s plea agreement recommends a six-month term of imprisonment followed by a period of supervised release to be determined by the court.
Luciani was arrested on July 3, 2017, and was charged by criminal complaint with assaulting an officer of the Pueblo of Laguna Tribal Police Department, who is commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Luciani assaulted the officer by threatening the officer following a routine traffic stop. Luciani committed the offense on June 30, 2017, on Laguna Pueblo in Cibola County, N.M.
Luciani was subsequently indicted on July 27, 2017, and charged with assault on a federal officer with a deadly and dangerous weapon on June 30, 2017, in Cibola County.
During today’s proceedings, Luciani pled guilty to a misdemeanor information charging him with assault on a federal officer. In entering the guilty plea, Luciani admitted that on June 30, 2017, he was stopped by a Laguna Police officer who was commissioned as a Special Law Enforcement Officer by the BIA because he was driving his vehicle recklessly and at a high rate of speed. Luciani further admitted that when the officer pulled him to the side of the road, Luciani exited his vehicle with a black object in his hand, threatened to injure the officer if the officer approached him and continued to threaten and yell at the officer until his arrest. Luciani acknowledged that officers located a firearm in plain view in his vehicle during a search incident to Luciani’s arrest. A sentencing hearing has yet to be scheduled.
This case was investigated by the Pueblo of Laguna Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Farmington Felon Sentenced for Conviction on Firearms Charge and Stolen ValorRead the Press Release
ALBUQUERQUE – Anthony Lee Gambino, 45, of Farmington, N.M., was sentenced on Nov. 9, 2017, in federal court in Albuquerque, N.M., to six months in prison for violating the federal firearms laws and making false representations about having received military medals and decorations. Gambino will be on supervised release for three years after completing his prison sentence.
According to court filings, Gambino was the owner and operator of Gambino Security Safety Corp., a security company based in Aztec, N.M. An investigation revealed that Gambino was producing commercial videos and photos for his company advertising different types of tactical and firearms training which depicted Gambino armed with a rifle, holstered side arms and hand guns. Gambino also represented to a prospective vendor of his commercial tactical services that he was a combat veteran who had earned medals and ribbons including the Purple Heart. Court filings indicate that Gambino fraudulently enlisted in the U.S. Marine Corps which resulted in an other than honorable discharge. Gambino was never in combat and was not awarded the Purple Heart or the Marine Corps Combat Action Ribbon.
Gambino was arrested in May 2016, on a criminal complaint charging him with being a felon in possession of firearms and making false representations about receiving military medals and decorations. Gambino was subsequently indicted on the same charges on May 25, 2016. According to the indictment, Gambino was prohibited from possessing firearms or ammunition because he previously had been convicted on charges of commercial burglary, failure to appear, and menacing involving a deadly weapon. According to the indictment, Gambino committed the crimes on May 12, 2016, in San Juan County, N.M.
On Feb. 7, 2017, Gambino pled guilty to the indictment and admitted that on May 12, 2016, he was in possession of six firearms and multiple rounds of ammunition despite his status as a convicted felon prohibited from possessing firearms or ammunition. Gambino further admitted that he fraudulently held himself out to be a recipient of a Purple Heart and a Combat Action Ribbon with intent to obtain money, property or other tangible benefit.
This case was investigated by Homeland Security Investigations and the San Juan County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe prosecuted the case.
Previously Convicted Child Sex Offender from Albuquerque Sentenced to 25 Years for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE –David Abrisz, 56, of Albuquerque, N.M., was sentenced this afternoon in federal court to 25 years in federal prison followed by ten years of supervised release for his conviction on child pornography charges. Abrisz will be required to register as a sex offender after he completes his prison sentence. Abrisz also was ordered to pay $5,000 in restitution to the victims of his crimes.
Acting U.S. Attorney James D. Tierney and Bernalillo County Sheriff Manuel Gonzales, III, said that Abrisz, a previously convicted child sex offender, 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 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 exploitation of children on the Internet has no geographical or jurisdictional boundaries and requires that we share information and work as a team to protect our children,” said Acting U.S. Attorney James D. Tierney. “This case is an example of the law enforcement community’s commitment to identifying, locating and prosecuting predators who exploit children and undermine the normalization of child sexual abuse.”
“The Bernalillo County Sheriff’s Office is committed to collaborating with federal agencies to proactively investigate crimes against children,” said Bernalillo County Sheriff Manuel Gonzales, III. “As recent high profile events have shown us, adults who fantasize about sexual relations with kids can turn deadly. Let this serve as a warning to all those who seek out children as victims, we are dedicated to identifying anyone who preys on children and we will hold those who commit these repulsive crimes accountable.”
The Bernalillo County Sheriff’s Office arrested Abrisz in Aug. 2016, on an indictment charging him with one count of distributing child pornography and three counts of possessing child pornography. The indictment charged Abrisz with distributing child pornography from July 2013 through Dec. 2015, and possessing child pornography on two computers and a thumb drive from Aug. 2014 through Feb. 2016. Abrisz committed the crimes in Bernalillo County, N.M.
Abrisz pled guilty to the indictment on June 28, 2017. In entering the guilty plea, Abrisz admitted committing the following criminal acts: (i) distributing approximately 80 child pornography files between July 2013 and Dec. 2015; (ii) possessing a computer that contained approximately two video files and 880 image files of child pornography from Dec. 2014 through Feb. 2015; (iii) possessing a second computer that contained approximately 145 image files of child pornography from Dec. 2014 through Feb. 2015; and (iii) possessing a thumb drive that contained approximately 147 video files and one image file of child pornography from Aug. 2014 through Feb. 2015.
This case was investigated by the Bernalillo County Sheriff’s Office and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorney Sarah Mease prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Child hood, please visit http://www.justice.gov/psc/.
San Juan County Woman Sentenced to Prison for Federal Health Care Fraud ConvictionRead the Press Release
ALBUQUERQUE – Rosita Toledo, 48, of Kirtland, N.M., was sentenced today in federal court in Albuquerque, N.M., for her healthcare fraud conviction. Toledo was sentenced to a 25-month term of imprisonment followed by three years of supervised release, during which she will be required to perform 40 hours of community service each year. Toledo also was ordered to pay, jointly with her co-defendant, $1,218,165.00 in restitution to the victim of their criminal conduct.
Toledo and co-defendant Cory Werito, 33, of Farmington, N.M., were charged in a ten-count indictment that was filed on June 15, 2016. The indictment included nine health care fraud charges against Toledo and Werito, and an aggravated currency structuring charge against Werito. The health care fraud charges arose out of the defendants’ roles in creating and operating a medical transportation company, CW Transport, a New Mexico company located in Farmington that provided non-emergency medical transportation to Arizona Medicaid recipients, funded by reimbursement payments from the Arizona Health Care Cost Containment System (AHCCCS), a healthcare benefit program. Over the course of two years between 2011 and 2013, CW Transport collected more than $1.9 million in Medicaid reimbursements from AHCCCS by submitting more than 18,000 claims for reimbursement, the vast majority of which were wholly or substantially false and fraudulent.
According to Count 10 of the indictment, the aggravated currency structuring charge, Werito conducted financial transactions involving the proceeds of the health care fraud in a manner that avoided the filing of Currency Transaction Reports (CTRs). CTRs are reports which must be filed by financial institutions on transactions involving more than $10,000 during any business day and are used by law enforcement authorities to uncover a broad range of illegal activities including money laundering. From Aug. 2011 to July 2013, Werito conducted at least 200 cash withdrawals, each for several thousands of dollars but less than $10,000 and totaling at least $800,000, to avoid the filing of CTRs.
The indictment included forfeiture provisions seeking an order requiring Toledo and Werito to forfeit to the United States at least $1,959,405, the proceeds allegedly derived from the health care fraud alleged in Counts 1 through 9 of the indictment.
On March 30, 2017, Toledo entered a guilty plea to Count 1 of the indictment, and admitted her role in the health care fraud scheme. In entering her guilty plea, Toledo admitted that between July 2011 and July 2013 and in her capacity as the primary claims processor for CW Transport, she submitted 18,765 fraudulent claims for reimbursement, which caused AHCCCS to pay CW Transport a total of $1,959,405.
On March 9, 2017, Werito pled guilty to Count 1 of the indictment, charging him with committing health care fraud. Werito admitted, as the sole owner of CW Transport, he submitted approximately 18,765 claims for reimbursement to AHCCCS between July 2011 and July 2013. Because the claims were grouped in 140 invoices, Werito received 140 payments from AHCCCS in an amount totaling $1,959,405. Werito admitted submitting the claims for reimbursement as part of a scheme to defraud AHCCCS because he either never provided or provided in a substantially different manner many of the services for which he sought and received reimbursement. On Sept. 6, 2017, Werito was sentenced to 30 months in prison followed by three years of supervised release, and was ordered to pay $1,218,165 in restitution to the victim of his criminal conduct.
The Albuquerque office of HSI investigated the case with assistance from the FBI, U.S. Marshals Service, San Juan County Sheriff’s Office, the Arizona Health Care Cost Containment System and New Mexico Office of the Attorney General. Assistant U.S. Attorney Jeremy Peña prosecuted the case.
Isleta Pueblo Man Sentenced for Federal Misdemeanor Assault ConvictionRead the Press Release
ALBUQUERQUE – Abel A. Orozco, 38, an enrolled member and resident of Isleta Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to a term of time already served (approximately eight months of imprisonment) for his misdemeanor assault conviction and one year of supervised release.
Orozco was arrested on March 20, 2017, on a criminal complaint charging him with assaulting an Isleta Pueblo man by pushing him into a wall, striking and punching him in the body, chest and head, and threatening him with a log in Oct. 2016, on the Isleta Pueblo. According to the complaint, the victim suffered a fractured rib, pain to the right side of his head and an injured left shoulder as the result of the assault.
Orozco was indicted on April 11, 2017, and was charged with assault resulting in serious bodily injury on Oct. 2, 2016, on Isleta Pueblo in Bernalillo County, N.M.
On Aug. 4, 2017, Orozco pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding. In entering the guilty plea, Orozco admitted that on Oct. 2, 2016, he assaulted the victim by striking and hitting him with his fists and elbows.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.
Former IRS Employee Sentenced to 27 Months for Conviction on Aggravated Identity Theft and False Statement ChargesRead the Press Release
ALBUQUERQUE – Joan D. Mobley, 55, of Socorro, N.M., was sentenced today in federal court in Santa Fe, N.M., to 27 months in prison followed by three years of supervised release for her conviction on a false statement charge and two aggravated identity theft charges. Mobley also was ordered to pay restitution to the IRS in the amount of $39,738.32 and a $4,000.00 fine. Acting U.S. Attorney James D. Tierney and Cordale Lamb of Denver Field Division of the Treasury Inspector General for Tax Administration (TIGTA) announced the sentence.
Mobley is a former employee of the Internal Revenue Service (IRS). She began working for the IRS in 1986 and was a revenue agent at the IRS office in Albuquerque at the time she committed the crimes to which she pleaded guilty. As a revenue agent, Mobley was responsible for performing audits of small businesses and self-employed taxpayers.
On Jan. 3, 2014, a federal grand jury filed a 28-count indictment charging Mobley with 14 counts of making false statements and 14 counts of aggravated identity theft. According to the indictment, between Jan. 2011 and Dec. 2011, Mobley falsely stated and represented to the IRS that certain taxpayers either had consented to extending the time for assessing employment taxes or agreed to the collection and assessment of additional taxes. The indictment also alleged that Mobley used the identification of those taxpayers in making those false statements without obtaining consent.
On March 13, 2017, Mobley pled guilty to one false statements charge and two aggravated identity theft charges. In her plea agreement, Mobley acknowledged that while she was employed as a revenue agent for the IRS and was responsible for conducting audits of small businesses, she was assigned to audit a business located in California. Mobley acknowledged that, instead of completing the audit as required, she falsified official records to indicate that she had completed the audit. Mobley also acknowledged signing the name of the business’s president on the records even though she did not have permission to do so.
Mobley falsified these records knowing that they constituted false statements under federal laws and concerned matters that were within the jurisdiction of the IRS. One of the records falsified by Mobley was dated Jan. 10, 2011, and stated that a representative of the aforementioned California-based business had agreed to an extension of time to assess employment taxes. Another record, dated April 7, 2011, falsely stated that the business had agreed to the assessment and collection of additional taxes. Mobley falsified these records knowing that no representative of the business had agreed either to the extension or to the assessment and collection of additional taxes. She acknowledged falsifying the records while in New Mexico.
This case was investigated by the Denver Field Division of TIGTA and was prosecuted by Assistant U.S. Sean J. Sullivan.
Federal Grand Jury Charges Miranda Gilbert with Violating Federal Firearms Laws and Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – A federal grand jury has filed an indictment charging Miranda Gilbert, 30, of Albuquerque, N.M., with violating the federal firearms laws by unlawfully possessing firearms and ammunition and with assaulting a federal officer.
Acting U.S. Attorney James D. Tierney said that Gilbert, whose criminal history includes at least ten prior felony convictions, will be prosecuted under the federal “worst of the worst” anti-violence initiative. 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 and repeat offenders, primarily based on their prior felony convictions, for federal prosecution with the goal of removing them from communities in New Mexico for as long as possible.
Gilbert is charged in a three-count indictment that was filed under seal on Nov. 1, 2017 and was unsealed earlier today. The indictment charges Gilbert with unlawfully possessing a firearm and ammunition in Bernalillo County, N.M., on Aug. 20, 2017, and again in Guadalupe County, N.M., on Aug. 21, 2017. According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses. The indictment also alleges that Gilbert assaulted a federal officer in Guadalupe County on Aug. 21, 2017.
Gilbert faces a maximum statutory penalty of ten years of imprisonment on each of the two felon in possession of firearms charges. However, if the court determines that Gilbert is an armed career criminal, she faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment on the firearms charges. Gilbert also faces a statutory maximum penalty of 20 years of imprisonment on the assault on a federal officer charge. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Gilbert is currently in state custody in connection with violation of probation proceedings and will be transferred to federal custody to face the charges in the indictment.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case with assistance from the U.S. Marshals Service, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Former Resident of Las Vegas, N.M., Pleads Guilty to Synthetic Cannabinoid Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Ray L. Smith, 51, a former resident of Las Vegas, N.M., who now resides in Kingman, Ariz., pled guilty today in federal court in Albuquerque, N.M., to drug trafficking and money laundering charges. Smith entered the guilty plea under a plea agreement that recommends a prison sentence within the range of 12 to 57 months followed by a term of supervised release to be determined by the court.
The DEA arrested Smith and co-defendant Tamara Phillips, 47, also of Kingman, on Feb. 19, 2016, who were charged in a four-count indictment that was filed in the U.S. District Court for the District of New Mexico on Feb. 9, 2016. The indictment subsequently was superseded on May 24, 2017, to charge Smith and Phillips with conspiring to distribute synthetic cannabinoids, maintaining premises for the purpose of distributing synthetic cannabinoids, and participating in a conspiracy to launder drug proceeds. According to the superseding indictment, between Feb. 2010 and Feb. 2016, Smith and Phillips participated in a conspiracy to distribute synthetic cannabinoids from three businesses in New Mexico and Arizona owned by Smith that were jointly managed by Smith and Phillips
The superseding indictment alleged that Smith and Phillips used the three businesses – “Smokin Body Jewelry” stores located in Las Vegas, Raton and Kingman – to sell synthetic cannabinoids. Employees at the stores allegedly sold synthetic cannabinoids to customers while acting at the direction of Smith and Phillips. The superseding indictment included information about two alleged drug transactions occurring on Sept. 29, 2015; the first involved the sale of $1,687.46 of synthetic cannabinoids by an employee at the Raton store, and the second involved the sale of $1,556.91 of synthetic cannabinoids by an employee at the Las Vegas store. The superseding indictment included forfeiture allegations seeking forfeiture of property and other assets constituting the proceeds of the drug trafficking offenses charged in the superseding indictment or that were used to facilitate those crimes including seven parcels of real property located in New Mexico and Arizona, funds in 20 bank accounts, a safety deposit box, and four vehicles.
During law enforcement operations executed on Feb. 18, 2016, law enforcement agents and officers seized 18 bank accounts, a safety deposit box and the eight parcels of real property identified in the indictment. They also executed six search warrants, including search warrants for each of the three stores, a second commercial property in Kingman, and two residences in Kingman. The estimated aggregate value of the real property, currency and other assets seized on Feb. 18, 2016, exceeded $2.3 million, including approximately $220,000 in cash. The agents and officers also seized approximately 11 kilograms (24.2 pounds) of precursor chemicals allegedly shipped from China in the primary residence of Smith and Phillips. In addition, approximately 25 kilograms (55 pounds) of suspected synthetic cannabinoids with a street value of $250,000 were seized from the three stores and the residence of Smith and Phillips.
During today’s proceedings, Smith pled guilty to four counts of the superseding indictment charging him with conspiracy to distribute synthetic cannabinoids, two counts of maintaining a drug-involved premises, and conspiracy to commit money laundering. In entering the guilty plea, Smith acknowledged that from Feb. 2010 through Feb. 2016, he was the founder, owner and proprietor of “Smokin’ Body Jewelry,” which operated at various times from 2010 through 2016 in New Mexico and Arizona. Smith admitted that during that timeframe, he conspired to sell large quantities of synthetic cannabinoids to the general public.
Smith further admitted that synthetic cannabinoids were “Smokin Body Jewelry’s” best-selling item, and that he engaged in the routine practice of mixing, transferring and spreading deposits throughout personal and business bank accounts in order to conceal the source of his revenue as primarily derived from the unlawful sale of synthetic cannabinoids. Smith admitted he used revenue from the sale of synthetic cannabinoids to pay for his personal salary and the salaries of store employees, and to purchase several parcels of land, property and vehicles.
A sentencing hearing for Smith has yet to be scheduled.
Phillips has entered a plea of not guilty to the charges in the superseding indictment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the DEA’s offices in Albuquerque, N.M., and Flagstaff, Lake Havasu and Yuma, Ariz., with assistance from the Raton Police Department and the Mohave Area General Narcotics Enforcement Team. Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting the case.
The synthetic cannabinoids charged in the indictment are commonly referred to as “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Las Cruces Felon Sentenced for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Jesus Manuel Aguilar Jr., 55, of Las Cruces, N.M., was sentenced today in federal court to 46 months in prison followed by three years of supervised release for unlawfully possessing a firearm and ammunition.
Aguilar and co-defendant Thomas Julian Aguilera, 28, also of Las Cruces, were charged in a four-count indictment filed on Nov. 12, 2014. Aguilera was charged with unlawfully possessing a firearm on May 11, 2012, June 14, 2012, and July 11, 2012, and Aguilar was charged with unlawfully possessing a firearm on July 11, 2012. According to the indictment, the defendants committed the crimes in Dona Ana County, N.M. At the time, Aguilera was prohibited from possessing firearms or ammunition because he previously had been convicted of contributing to the delinquency of a minor, and Aguilar was prohibited from possessing firearms or ammunition because he previously had been convicted of distribution and possession of a controlled substance and being a felon in possession of a firearm.
On Feb. 15, 2017, Aguilar pled guilty to being a felon in possession of a firearm and admitted that on July 11, 2012, he sold a firearm to an undercover law enforcement agent. Aguilar acknowledged that he was prohibited from possessing firearms or ammunition on July 11, 2012, because of his status as a convicted felon.
Aguilera pled guilty to being a felon in possession of a firearm on April 16, 2015, and was sentenced on Sept. 24, 2015.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dona Ana County Sheriff’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Colorado Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Adrian Chavez, 24, of Greeley, Colo., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
The DEA arrested Chavez in Aug. 2016, after seizing approximately 2.80 kilograms (6.27 pounds) of crystal methamphetamine from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The methamphetamine was contained in five clear plastic containers inside Chavez’s backpack.
Chavez subsequently was indicted on Aug. 23, 2016, and was charged with possession of methamphetamine with intent to distribute on Aug. 12, 2016, in Bernalillo County, N.M.
During today’s change of plea hearing, Chavez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Chavez admitted that on Aug. 12, 2016, he possessed methamphetamine that was concealed inside five plastic containers wrapped with grey duct tape inside his backpack.
At sentencing, Chavez 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 Paul H. Spiers.
Texas Man Pleads Guilty to Violating Federal Drug Trafficking and Firearms Laws in New MexicoRead the Press Release
ALBUQUERQUE – Michael Dwain Samples, 25, of Monahans, Tex., pled guilty today in federal court in Las Cruces, N.M., to violating federal drug trafficking and firearms laws under a plea agreement with the U.S. Attorney’s Office.
Samples’ co-defendant, Nicolas Robert Muniz, 26, also of Monahans, Tex., was charged by criminal complaint on June 5, 2017, after law enforcement officers seized approximately 504 grams of methamphetamine, 50 grams of marijuana, and firearms and ammunition from Muniz’s vehicle following a routine traffic stop. During the traffic stop, Muniz allegedly acted suspicious and nervous causing the officers to deploy a drug detection canine on the vehicle, and the canine allegedly alerted the officers to the presence of controlled substances in the vehicle.
Samples and Muniz were subsequently charged in a six-count indictment on Sept. 13, 2017. Samples and Muniz were charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. Muniz was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime. Samples was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime. According to the indictment, the offenses took place on May 16, 2017, in Lea County, N.M. Samples was prohibited from possessing firearms or ammunition because he was previously convicted of possession of a controlled substance. Muniz was prohibited from possessing firearms or ammunition because he was previously convicted of theft of property.
During today’s proceedings, Samples pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition. In entering the guilty plea, Samples admitted that on May 16, 2017, he traveled with another individual from Monahans, Tex., to Carlsbad, N.M., to purchase approximately 469 grams of methamphetamine with the intention of distributing the methamphetamine to other people in exchange for money. Samples further admitted that on May 16, 2017, he was in possession of a firearm and ammunition despite his status as a convicted felon.
At sentencing, Samples faces a statutory minimum penalty of ten years and a maximum of life in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
Muniz has entered a plea of not guilty to the charges in the indictment, and is currently scheduled for trial in Jan. 2018. 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 Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Roswell Woman Sentenced to 63 Months for Federal Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Renee Rodriguez, 33, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison for her conviction on methamphetamine trafficking and firearms charges. Rodriguez will be on supervised release for three years after completing her prison sentence.
Rodriguez and co-defendant Joseph Vallejos, 25, 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, Rodriguez and Vallejos 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.
Rodriguez and Vallejos subsequently were charged in a nine-count indictment that was filed on Dec. 17, 2015. The indictment charged Rodriguez and Vallejos 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. 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.
On Aug. 3, 2016, Vallejos pled guilty to a conspiracy charge and four methamphetamine distribution charges. At sentencing, Vallejos faces a statutory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Vallejos also will be ordered to pay $750.00 in restitution to the United States, which represents the proceeds he derived from the drug trafficking offenses to which he pleaded guilty. Vallejos remains in custody pending a sentencing hearing, which has yet to be scheduled.
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.
Navajo Man from Shiprock Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Aaron Curley, 55, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in prison for his conviction on an assault charge. Curley will be on supervised release for three years after completing his prison sentence.
Curley was arrested in Nov. 2016, on a criminal complaint charging him with assaulting a Navajo woman by stabbing her in the leg and sternum area with a knife. Curley was indicted on Dec. 20, 2016, and charged with assault with a dangerous weapon, a knife, with intent to do bodily injury and assault resulting in serious bodily injury. According to the indictment, the offenses took place on Nov. 20, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
On July 10, 2017, Curley pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon. In entering the guilty plea, Curley admitted that on Nov. 20, 2016, he assaulted the victim by stabbing her in the left leg and caused the victim to sustain cuts to her left arm and hand as she was defending herself.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted this 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 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.
California Man Sentenced to Ten Years for Violating Federal Firearms and Drug Trafficking Laws in New MexicoRead the Press Release
ALBUQUERQUE – Miguel Angel Arias, 26, of Oxnard, Calif., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison for violating the federal firearms and drug trafficking laws. Arias will be on supervised release for five years after completing his prison sentence.
Arias and co-defendant Marco Antonio Valero, 54, also of Oxnard, Calif., were arrested in Jan. 2017, and were charged by criminal complaint with methamphetamine trafficking and federal firearms offenses on Jan. 26, 2017, in Hidalgo County, N.M. According to the criminal complaint, Special Agents of Homeland Security Investigations and officers of the Lordsburg Police Department arrested Arias and Valero after finding eight bundles of methamphetamine weighing approximately 4.2 kilograms (9.26 pounds) and a firearm and ammunition in the defendants’ vehicle during a traffic stop in Lordsburg, N.M.
Arias and Valero subsequently were charged on April 19, 2017, in a five-count indictment with participating in a methamphetamine trafficking conspiracy between Jan. 21, 2017 and Jan. 27, 2017. The indictment also charged Arias with possessing methamphetamine with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm and ammunition, and Valero with possessing methamphetamine with intent to distribute. At the time, Arias was prohibited from possessing firearms or ammunition because he previously had been convicted on a marijuana trafficking charge.
On June 30, 2017, Arias pled guilty to conspiracy, possession of methamphetamine with intent to distribute, and being a felon in possession of a firearm. In entering the guilty plea, Arias admitted that on Jan. 26, 2017, law enforcement officers found methamphetamine concealed in his vehicle when he was stopped in Lordsburg for speeding and following too closely. Arias also admitted possessing a handgun, which was located under the driver seat of his vehicle, despite the fact that he was prohibited from possessing firearms or ammunition because of his previous felony conviction.
On June 7, 2017, Valero pled guilty to possessing methamphetamine with intent to distribute, and admitted possessing the methamphetamine, which was concealed in the vehicle in which he was a passenger on Jan. 26, 2017. Valero was sentenced on Oct. 24, 2017, to 63 months in prison followed by three years of supervised release.
This case was investigated by Homeland Security Investigations and the Lordsburg Police Department, and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
48th 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 48 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, Margarito Ruiz, 36, was sentenced in federal court to 120 months in prison followed by four years of supervised release for distributing methamphetamine.
Ruiz was arrested in Jan. 2017, on an indictment charging him with distributing methamphetamine on May 23, 2016, and with being a felon in possession of a firearm on May 25, 2016. In May 2016, Ruiz was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of a controlled substance and shoplifting. According to the indictment, Ruiz committed the offenses in Bernalillo County, N.M. On July 6, 2017, Ruiz pled guilty to a methamphetamine trafficking charge, and admitted that on May 23, 2016, he distributed approximately two ounces of methamphetamine to an undercover law enforcement agent.
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 and was prosecuted by Assistant U.S. Attorney Eva Fontanez.
Non-Indian Man Residing in Isleta Pueblo Pleads Guilty to Unlawfully Possessing FirearmRead the Press Release
ALBUQUERQUE – Edward A. Garcia, 51, a non-Indian man residing in Isleta Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm.
The Isleta Pueblo Tribal Police Department arrested Garcia on a criminal complaint in July 2017, for assaulting an Isleta Pueblo woman by biting her and striking her on the face and threatening her with a sledgehammer. The complaint alleged that Garcia committed the assault in Isleta Pueblo in Bernalillo County, N.M.
Garcia subsequently was charged in a four-count indictment that was filed on July 27, 2017. The indictment charged Garcia with two assault offenses: assault of an intimate partner resulting in substantial bodily injury on June 6, 2017, and assault with a dangerous weapon, a sledgehammer, on June 7, 2017. It also charged Garcia with using a cellphone to engage in a course of conduct that caused substantial emotional distress to the victim and placing her in fear of death and serious bodily injury from June 7, 2017 through July 6, 2017, and with unlawfully possessing a firearm in July 2017. According to the indictment, Garcia was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance.
During today’s change of plea hearing, Garcia pled guilty to being a felon in possession of a firearm. In entering the guilty plea, Garcia admitted that on July 7, 2017, when he was arrested by law enforcement authorities, he was in possession of a handgun. Garcia admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Garcia faces a maximum penalty of ten years in federal prison. Garcia remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Isleta Pueblo Tribal Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Novaline D. Wilson 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.
Las Cruces Man Arrested on Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – John Bevel, 42, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with possessing child pornography. Bevel remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for Nov. 2, 2017.
The criminal complaint alleges that Bevel possessed child pornography in Oct. 2017, in Dona Ana County, N.M. According to the complaint, Homeland Security Investigations and the Las Cruces Police Department initiated an investigation into Bevel in early Oct. 2017, when Dropbox Inc., an online storage account system, reported to the National Center for Missing and Exploited Children that Bevel’s account allegedly contained approximately 15 files containing child pornography. The complaint further alleges that Bevel’s smartphone contained hundreds of images of child pornography.
If convicted of possessing child pornography, Bevel faces a statutory maximum penalty of 20 years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Las Cruces Police Department. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Alabama Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Ralonte Terrell Swain, 25, of Jasper, Ala., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Swain entered the guilty plea under a plea agreement that recommends a sentence of a five-year term of imprisonment.
The DEA arrested Swain in June 2017, after seizing approximately 244.20 grams (.54 pounds) of crystal methamphetamine from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The criminal complaint setting forth the charge against Swain indicated that the crystal methamphetamine was contained in a clear plastic, oblong shaped bundle concealed inside of a travel neck-type pillow.
Swain subsequently was indicted on June 28, 2017, and was charged with possession of methamphetamine with intent to distribute on June 5, 2017, in Bernalillo County, N.M.
During today’s change of plea hearing, Swain pled guilty to the indictment and admitted that on June 5, 2017, he possessed approximately 244.40 grams of methamphetamine that was concealed inside of a travel neck pillow while traveling through Albuquerque. Swain further admitted that he intended to deliver the methamphetamine to another individual for further distribution when he reached his intended destination. Swain 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 Paul H. Spiers.
Laguna Pueblo Man Pleads Guilty to Federal Assault by Strangulation ChargeRead the Press Release
ALBUQUERQUE – Howard Francis, 53, an enrolled member and resident of Laguna Pueblo, N.M., pleaded guilty yesterday in federal court in Albuquerque, N.M., to an assault by strangulation charge. Under the terms of his plea agreement, Francis will be sentenced within the range of 27 to 30 months in prison followed by a term of supervised release to be determined by the court.
Francis was arrested on Oct. 18, 2016, on a criminal complaint charging him with assault of an intimate partner by strangulation. According to the complaint, Francis assaulted the victim, a Navajo woman, on Oct. 11, 2016, in the Laguna Pueblo within Cibola County, N.M., by grabbing the victim’s hair, and hitting her in the face with a closed fist. It also alleged that Francis used his forearm to pin the victim by the neck to the bed, making it difficult for the victim to breathe, and placed a pillow over the victim’s face while attempting to suffocate her.
Francis was indicted on Nov. 1, 2016, and was charged with assault of an intimate partner by strangulation or suffocating and attempting to assault an intimate partner by suffocating.
During yesterday’s proceedings, Francis pled guilty to Count 1 of the indictment, which charged him with assaulting an intimate partner by strangulation. In entering the guilty plea, Francis admitted that on Oct. 11, 2016, he grabbed the victim by the hair and hit her in the face while demanding the victim’s cellular phone. Francis further admitted that as the victim attempted to leave the room, he grabbed her by the hair, dragged her back to the bed, and placed his forearms across her neck and applying pressure to her throat. As the result of the assault, the victim sustained injuries to her face, throat and body, including bruising and red petechiae. 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 Raquel Ruiz-Velez 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.
Felon from Laguna Pueblo Pleads Guilty to Unlawfully Possessing FirearmRead the Press Release
ALBUQUERQUE – Michael Shane Riley, 45, an enrolled member and resident of Laguna Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm. Under the terms of his plea agreement, Riley will be sentenced to 37 months of imprisonment followed by a term of supervised release to be determined by the court.
Riley was arrested on Jan. 23, 2017, on an indictment charging him with being a felon in possession of a firearm on May 30, 2016, in Cibola County, N.M. According to the indictment, Riley was prohibited from possessing firearms or ammunition because he previously had been convicted of assault and battery with a dangerous weapon.
During today’s change of plea hearing, Riley pled guilty to the indictment and admitted that on May 30, 2016, he possessed a firearm while on the Pueblo of Laguna in Cibola County. Riley acknowledged that he was prohibited from possessing a firearm because he previously had been convicted of assault and battery with a dangerous weapon in 2002.
Riley has been in custody since his arrest and remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Laguna Pueblo Tribal Police Department. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
DEA Taking Back Unwanted Prescription Drugs at Locations Around New Mexico on SaturdayRead the Press Release
ALBUQUERQUE – The U.S. Attorney’s Office and UNM’s Health and Sciences Center are encouraging the public to participate in DEA’s 14th National Prescription Drug Take-Back Day on Saturday, Oct. 28, 2017 from 10:00 a.m. to 2:00 pm as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
During the last National Prescription Drug Take-Back Day in April 2017, Americans turned in 900,386 pounds – 450 tons – of prescription drugs at 5,498 sites staffed by DEA and more than 4,000 of its state, local and tribal law enforcement partners. Here in New Mexico, DEA and nearly 50 law enforcement partners collected more than 6,000 pounds of medication at 74 collection sites throughout the state.
“Prescription drug abuse is the nation’s fastest growing drug problem. More people die each year from prescription painkiller overdoses than from heroin, cocaine or any other illegal drug,” said Karen I. Flowers, Special Agent in Charge of the Drug Enforcement Administration-El Paso Division. “By continuing to offer safe and secure options for our citizens to dispose of their unwanted prescription drugs, we are reducing the threat that these drugs pose to public health.”
“Properly disposing of unused prescription drugs is a simple and easy way for all of us to help fight this deadly epidemic that’s killing too many people and the problem is getting worse,” said Acting U.S. Attorney James D. Tierney. “Protect our families by properly disposing of your unused, unwanted and expired medicine.”
DEA’s National Take Back Initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
Unused medicines in the home are a problem because the majority of the 6.4 million Americans who abused prescription drugs in 2015, including almost 4 million who abused prescription painkillers, say they obtained those drugs from friends and family, including from a home medicine cabinet, according to the National Survey on Drug Use and Health released last month. Some painkiller abusers move on to heroin: four out of five new heroin users started with painkillers. Almost 30,000 people – 78 a day – died from overdosing on these painkillers or heroin in 2014, according to the Centers for Disease Control and Prevention.
Members of the public can find a nearby Prescription Drug Take-Back collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and entering their zip code into the search window, or they can call 800-882-9539. Only pills and other solids, like patches, will be accepted at DEA Drug Take Back collection sites – the public should not bring liquids, needles or other sharp items to take back sites. This service is free and anonymous, no questions asked.
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. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Another 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 47 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, N.M., resident Luis Arreola-Palma, 24, was sentenced in federal court to 48 months in prison followed by three years of supervised release for conspiring to distribute methamphetamine.
Arreola-Palma’s co-defendant Daniel Carmona, 31, was charged by criminal complaint with possession of methamphetamine with intent to distribute on Aug. 3, 2016, in Bernalillo County, N.M., after Carmona allegedly distributed approximately 67 grams of methamphetamine to undercover law enforcement agents. Thereafter, Arreola-Palma, Carmona and Gaspar Leal, 47, were indicted on Aug. 9, 2016, and charged with conspiring to distribute methamphetamine from July 21, 2016 through July 25, 2016. In addition, Carmona 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. According to the indictment, the defendants committed the offenses in Bernalillo County, N.M.
On July 28, 2017, Arreola-Palma pled guilty to an information charging him with conspiracy, and admitted that from July 21, 2016 through July 25, 2016, he conspired with others to distribute methamphetamine to another person. Carmona and Lael have entered not guilty pleas to the charges in the indictment. Both are detained pending trial.
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 and was prosecuted by Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado.
Mexican National Sentenced to Five Years for Federal Drug Trafficking and Illegal Re-Entry ConvictionRead the Press Release
ALBUQUERQUE – Rogelio Delgado, 25, a Mexican national illegally residing in Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on methamphetamine trafficking and illegally re-entry charges. Delgado will be deported after completing his prison sentence.
Delgado was arrested on Nov. 17, 2016, on a criminal complaint charging him with possession of a firearm by an illegal alien and possession of methamphetamine with intent to distribute on Nov. 16, 2016, in Chaves County, N.M. According to the complaint, law enforcement officers seized 4.05 pounds of methamphetamine, drug paraphernalia, a handgun and ammunition during the execution of a search warrant at Delgado’s residence.
On April 14, 2017, Delgado pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and re-entry of a removed alien. In entering the guilty plea, Delgado admitted that on Nov. 16, 2016, law enforcement officers found approximately 1.8 kilograms of methamphetamine in his residence while executing a search warrant, and acknowledged that it was his intention to sell the drugs to others. Delgado also admitted that he was a citizen of Mexico without any legal right to be present in the United States and previously had been removed from the United States on June 13, 2013.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney John Balla prosecuted the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. 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.
Federal Jury Returns Guilty Verdict Against Arizona Man on Marijuana Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – This afternoon, a federal jury sitting in Las Cruces, N.M., found John Leroy Milne, 56, of Phoenix, Ariz., guilty on marijuana trafficking charges and acquitted his co-defendant following a three-day trial. Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA and Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sectorannounced the verdict.
The DEA and U.S. Border Patrol arrested Milne on June 23, 2017, on a criminal complaint charging him with possessing 111.58 kilograms (245.99 pounds) of marijuana with intent to distribute. Milne and his co-defendant, Manuel Pavon-Rodriguez, 36, a Mexican national illegally in the United States, subsequently were indicted on July 19, 2017, and were charged with participating in a marijuana trafficking conspiracy and possession of marijuana with intent to distribute. According to the indictment, the defendants committed the crimes on June 23, 2017, in Hidalgo County, N.M.
The evidence at trial established that U.S. Border Patrol agents encountered Milne in Rodeo, N.M., on June 23, 2017, after Milne stopped his vehicle in front of the agents, got out of the vehicle, and initiated a conversation with the agents. The agents had been following Milne because Milne’s vehicle did not have a visible license plate. Agents testified that Milne gave conflicting and confusing accounts about this his travel plans until the agents asked him to show them the paper license plate for his vehicle. The agents testified that they observed five burlap backpacks and detected the strong scent of marijuana from the back of vehicle as Milne attempted to remove the paper license plate from the back window of his vehicle.
When the agents opened the back of the vehicle to inspect the backpacks, they observed Pavon-Rodriguez, who was wearing camouflage clothing, attempting to hide in the back of the vehicle with the backpacks so he could illegally enter the United States. The five burlap backpacks contained 12 square bales of marijuana, weighing approximately 246 pounds that were wrapped in duct tape.
The jury deliberated approximately two hours before returning a guilty verdict against Milne and a not guilty verdict against Pavon-Rodriguez.
At sentencing, Milne faces a statutory mandatory minimum penalty of five years and maximum of 40 years in federal prison. Milne remains in custody pending sentencing hearings, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorneys Alfred J. Perez and Kathleen Robeson of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Gabriel Sanchez, 29, of Albuquerque, N.M., pled guilty today in federal court to firearms charges under a plea agreement that recommends a seven-year prison sentence.
Sanchez’s co-defendant Virgal Malott, 23, also of Albuquerque, was charged by criminal complaint on Feb. 18, 2015. According to the complaint, officers of the Albuquerque Police Department (APD) arrested Malott on outstanding state felony warrants on Feb. 14, 2015. Thereafter, APD executed a state search warrant at Malott’s residence as part of an investigation into a series of armed robberies of Albuquerque-area businesses. During the search, APD found a loaded firearm, which provided the basis for a federal criminal complaint charging Malott with being a felon in possession of a firearm and ammunition that was filed on Feb. 18, 2015, by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In June 2015, Malott was charged in an 11-count indictment with violating the Hobbs Act by robbing seven businesses engaged in interstate commerce, carjacking, using and brandishing a firearm during crimes of violence, and with being a felon in possession of a firearm. The indictment alleged that Malott committed the crimes in Bernalillo County, N.M., between Dec. 2014 and Jan. 2015.
The indictment was superseded in Aug. 2015, to add two more defendants, Sanchez and Paul Lujan, 22, also of Albuquerque, and two more charges. The superseding indictment charged the three men with conspiring to violate the Hobbs Act by robbing businesses engaged in interstate commerce in Jan. 2015, the armed robbery of five Albuquerque-area businesses, and using and brandishing firearms during crimes of violence. It also charged Malott alone with the armed robbery of two additional Albuquerque-area businesses, carjacking, and with being a felon in possession of a firearm. The superseding indictment alleged that the three men committed the crimes in Bernalillo County between Dec. 2014 and Jan. 2015.
During today’s change of plea hearing, Sanchez entered a guilty plea to Count 12 of the superseding indictment, which charged him with using and carrying a firearm during and in relation to a crime of violence. In entering the guilty plea, Sanchez admitted that on Jan. 30, 2015, he carried and brandished a firearm during the armed robbery of the Title Max Loans located at 3900 San Mateo Blvd. NE in Albuquerque.
Malott previously entered a guilty plea on Aug. 17, 2017, to three counts of the superseding indictment charging him with the armed robbery of a business engaged in interstate commerce, carjacking, and using and brandishing a firearm during a crime of violence. In entering the guilty plea, Malott admitted robbing a title loan business located in Albuquerque on Dec. 22, 2014. Malott acknowledged that he was armed when he committed the robbery, and that he pointed the firearm at the business’s three employees and threatening to kill them. Malott also admitted committing a carjacking on Jan. 19, 2015, by pointing a firearm at an individual at an Albuquerque convenience store and demanding his wallet and keys. Malott fled from the scene in the victim’s vehicle. Under the terms of his plea agreement, Malott will be sentenced to a term of 15 to 20 years of imprisonment to be followed by a term of supervised release to be determined by the court.
On Aug. 15, 2017, Lujan pled guilty to a felony information charging him with using and carrying a firearm during a crime of violence, and Lujan admitted that on June 30, 2015, he acted as the getaway driver during the armed robbery of the Loan Max Title Loan in Albuquerque. Lujan admitted that he discarded a firearm while running from the police after the robbery. Under the terms of his plea agreement, Lujan will be sentenced to 60 months of imprisonment followed by a term of supervised release to be determined by the court.
Malott was arrested in Nov. 2015, and Sanchez and Lujan were arrested in Dec. 2015. The three men remain detained pending sentencing hearings, which have yet to be scheduled.
This case was investigated by the Albuquerque office of ATF with assistance from APD and the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Rumaldo A. Armijo and David M. Walsh are prosecuting the case.
Mescalero Apache Man Pleads Guilty to Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Ronald Roy Blaylock, Sr., 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to assaulting a federal officer.
Blaylock was arrested on June 1, 2017, on a criminal complaint charging him with assaulting a federal officer. According to the criminal complaint, Blaylock was arrested on tribal charges after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA). Blaylock committed the assault on the Mescalero Apache Indian Reservation in Otero County, N.M., on Jan. 30, 2016, by head-butting the officer while the officer was arresting Blaylock. The officer sustained a bump and bruise to his head as the result of the assault.
Blaylock was subsequently charged by indictment on Oct. 19, 2017, with assaulting a federal officer on Jan. 30, 2016, in Otero County.
During yesterday’s proceedings, Blaylock pled guilty to the indictment and admitted that on Jan. 30, 2016, he assaulted a BIA officer by intentionally head-butting the officer. At sentencing, Blaylock faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Founder and Former Administrator of Group of Public Charter Schools in Albuquerque Pleads Guilty to Federal Theft, Fraud and False Statements ChargesRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI announced today that David Scott Glasrud, the former administrator of Southwest Learning Centers in Albuquerque, N.M., has pleaded guilty to federal theft, fraud and false statement charges arising out of a 15-year scheme to defraud millions of dollars from the group of public charter schools he founded.
During this morning’s proceedings, Glasrud, 50, entered a guilty plea to a nine-count felony information charging him with two counts of theft from programs receiving federal funds, three counts of wire fraud, two counts of mail fraud, and two counts of making false statements. Glasrud entered the guilty plea under an agreement that recommends a term of imprisonment within the range of 48 to 63 months. Glasrud also will be required to pay restitution in an amount to be determined by the court.
According to the felony information, Glasrud established the public charter school Southwest Secondary Learning Center in Albuquerque in Dec. 1999, and later established three other public charter schools in Albuquerque: Southwest Primary Learning Center, Southwest Intermediate Learning Center, and Southwest Aeronautics, Mathematics & Science Academy. The four schools collectively are known as the Southwest Learning Center Schools (Charter Schools) and operate with public funds, including federal funds.
Glasrud served as the Head Administrator for, and exercised financial oversight over, the Charter Schools until Aug. 2014. As the Head Administrator and an employee of the Charter Schools, Glasrud had a duty to use his best efforts on behalf of the Charter Schools in all matters of trust and confidence, and not to act for his own benefit at the expense of the Charter Schools. In his plea agreement, Glasrud admitted violating this duty of trust repeatedly over the course of 15 years by engaging in an ongoing series of schemes to defraud the Charter Schools for his personal benefit. Glasrud also acknowledged making false statements to FBI Special Agents who were investigating his criminal conduct.
The felony information alleges, and Glasrud has admitted, that from Nov. 2000, Glasrud was doing business in his personal capacity as Southwest Educational Consultants, which he incorporated as Southwest Educational Consultants, Inc. (SEC) in March 2002. Glasrud served as SEC’s registered agent, director and President, and his personal expenses were paid out of an SEC bank account. Glasrud used SEC to facilitate his schemes to defraud the Charter Schools.
For example, from Nov. 2000 through Aug. 2014, Glasrud devised and executed a scheme to defraud that involved leasing a building at 9904 Montgomery Blvd. NE (Building) in Albuquerque to one of the Charter Schools (Charter School 1) by misrepresenting, concealing and omitting material facts from Charter School 1, and by breaching duties that he owed to Charter School 1. In Nov. 2000, while doing business as SEC, Glasrud leased the entire Building. Days later, on Dec. 1, 2000, still acting as SEC, he subleased the Building to Charter School 1 twice the rent that SEC was paying and without disclosing this material information to Charter School 1. As part of his scheme, by 2007, Glasrud had arranged for SEC to sublease a majority of the square footage of the Building to a tenant, with whom Glasrud had a close familial relationship.
Glasrud admitted that as part of his fraudulent scheme, Charter School 1 paid more than double the rent that SEC paid to lease the entire Building, but occupied less than half the Building. Glasrud also admitted causing Charter School 1 to pay SEC approximately four to five times as much as the other tenant for use of less than half of the Building it was sharing. When the New Mexico Public Education Department (PED) raised concerns about Charter School 1’s sublease, Glasrud caused a school representative to misrepresent to PED and the school board the amount of profit that SEC was realizing off the sublease. In his plea agreement, Glasrud admitted that SEC, his personally owned business, made more than $700,000 in profits as the result of this scheme.
During today’s proceedings, Glasrud also acknowledged devising and executing a series of other schemes to defraud the Charter Schools. In pleading guilty to one of the three wire fraud charges, Glasrud admitted that in Feb. 2004, he and SEC created a bogus business called Media Learning Solutions (MLS) with an “office” address at a mail drop in Las Vegas, NV. Thereafter, Glasrud caused the Charter Schools to pay capital outlay money to MLS based on fraudulent proposals and invoices. Most of the money MLS received from the Charter Schools was not spent on the items for which it was intended or for the benefit of the Charter Schools, and instead was used for Glasrud’s personal benefit. For example, in 2009 and 2010, the Charter Schools paid MLS approximately $265,000, which Glasrud expended as follows: $199,000 to pay down his personal line of credit; $50,000 transferred into his personal bank account; $12,000 for personal items; and $4,000 spent at a casino in Las Vegas, NV.
Another of Glasrud’s fraudulent schemes began in Dec. 2002 and continued until Aug. 2014, and involved Charter School 1’s Extended Learning Program (ELP). The ELP offered students the opportunity to earn school credits using online, computer-based courses. Students paid to receive official school credit from Charter School 1, and Glasrud diverted almost all of the payments into an SEC bank account he controlled. Glasrud admitted that from 2007 to 2014, more than $1,000,000 in payments for the ELP that should have gone to Charter School 1 was deposited into a bank account for SEC, Glasrud’s personal business.
These three schemes are examples of the fraudulent schemes that Glasrud perpetuated over the 15-year period during which he served as the Head Administrator of the Charter Schools and by which he betrayed the trust and confidence placed in him. Glasrud admitted devising and executing each of these three schemes as well as the other schemes described in the felony information and the plea agreement when he entered his guilty plea this morning.
Glasrud was released pending sentencing under pretrial supervision and other conditions of release. A sentencing date has not yet been scheduled.
The case was investigated by the Albuquerque Division of the FBI with the assistance of the U.S. Department of Education, Office of Inspector General. Assistant U.S. Attorneys Fred J. Federici and Holland S. Kastrin are prosecuting the case.
Glasrud Information Glasrud Plea AgreementDona Ana County Man Facing Federal Child Sexual Exploitation and Child Pornography ChargesRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., today found probable cause to support a criminal complaint charging Juan Martin Rosales, 48, of Chaparral, N.M., with sexual exploitation of children and receipt and possession of child pornography. During today’s proceedings, Rosales was ordered detained pending trial.
The criminal complaint alleges that Rosales sexually exploited children and received and possessed child pornography from Oct. 2015 through Oct 16, 2017, in Dona Ana County, N.M. According to the complaint, the investigation into Rosales was initiated in April 2017, when Rosales’ neighbors went to the Dona Ana County Sheriff’s Office to report that Rosales allegedly possessed a tablet computer containing child pornography. The complaint further alleges that Rosales used a cellular phone to take photographs of children engaged in sexually explicit conduct. During the execution of a search warrant on Oct. 16, 2017, law enforcement agents allegedly recovered numerous SD cards, cellular phones, a tablet computer and other electronic devices from Rosales’ home, which allegedly contain child pornography. Rosales was arrested that day on related state charges.
If convicted of the child sexual exploitation charge, Rosales faces a statutory mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison. If convicted of receiving child pornography, Rosales faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in federal prison. If convicted of possessing child pornography, Rosales faces a statutory maximum penalty of 20 years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of Homeland Security Investigations, the Dona Ana County Sheriff’s Office, Las Cruces Police Department and the Otero County Sheriff’s Office. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center tipline at (575) 526-3437.
Las Cruces Man Sentenced to 78 Months in Prison for Federal Cocaine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Daniel Alan Aran, 30, of Las Cruces, N.M., was sentenced today in federal court to 78 months in prison followed by three years of supervised release for his conviction on a cocaine trafficking charge.
Aran was arrested in June 2016, on a criminal complaint charging him possession of cocaine with intent to distribute on Jan. 28, 2016, in Dona Ana County, N.M. According to the complaint, law enforcement officers seized 36.5 grams of cocaine, marijuana and drug paraphernalia from Aran, his vehicle and his residence during the execution of a search warrant. According to the complaint, Aran was on probation at the time.
Aran subsequently was indicted on Nov. 9, 2016, and was charged with possession of cocaine with intent to distribute. On Feb. 1, 2017, Aran pled guilty to the indictment and admitted that on Jan. 28, 2016, law enforcement officers observed Aran throw a bag of cocaine out of his vehicle and later located a small bag of cocaine in his pants pocket and 36 grams of cocaine, drug paraphernalia and marijuana inside his apartment. Aran further admitted that he intended to distribute the cocaine to other individuals.
This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Felon Sentenced to 63 Months for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – James S. Sedillo, 40, of Las Cruces, N.M., was sentenced today in federal court to 63 months in prison for violating the federal firearms laws by unlawfully possessing a firearm and ammunition. Sedillo will be on supervised release for three years after completing his prison sentence.
Sedillo was arrested in Aug. 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Oct. 24, 2015, in Dona Ana County, N.M. According to the indictment, Sedillo was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a firearm or destructive device by a felon and possession of a controlled substance.
On March 3, 2017, Sedillo pled guilty to the indictment and admitted that on Oct. 24, 2015, he possessed a firearm and two rounds of ammunition despite being prohibited from possessing firearms and ammunition due to his status as a convicted felon.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Roswell Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Daniel Jojola, 34, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by three years of supervised release for violating the federal firearms laws.
Jojola was arrested on June 19, 2017, on a criminal complaint charging him with being a felon in possession of a firearm and possession of heroin and methamphetamine with intent to distribute on March 30, 2017, in Chaves County, N.M. According to the complaint, Chaves County Metro Narcotics Task Force (CCMNTF) agents seized approximately 55.2 grams of heroin, 7.0 grams of methamphetamine, a firearm, ammunition and drug paraphernalia from Jojola’s hotel room during the execution of a search warrant. According to court documents, Jojola was prohibited from possessing firearms or ammunition because he previously had been convicted of unlawful taking of a motor vehicle, conspiracy, burglary, contributing to delinquency of a minor, cocaine trafficking and possession of a controlled substance.
On Aug. 9, 2017, Jojola pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Jojola admitted that on March 30, 2017, law enforcement agents executed a search warrant on the hotel room he was occupying and observed Jojola lying on a bed on top of a handgun. Jojola further admitted that he was prohibited from possessing a firearm or ammunition because of his prior felony convictions.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CCMNTF. Special Assistant U.S. Attorney Clara Cobos prosecuted the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. 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.
Naturalized U.S. Citizen Residing in Albuquerque Pleads Guilty to Federal Marriage Fraud ChargeRead the Press Release
ALBUQUERQUE – Yi Lee, 44, a naturalized U.S. citizen residing in Albuquerque, N.M., pled guilty today in federal court in Las Cruces, N.M., to a felony charge arising out of a scheme to obtain immigration status for foreign nationals through fraudulent marriages.
On April 19, 2017, Lee and his five co-defendants –Chia-Jung Chang, 39, Dan Zheng, 33, Lian Xiang Deng, 42, and Xiao-Yin Le, 50, all Chinese nationals illegally in the United States, and Santiago Aveles, 31, of Las Cruces – were indicted and charged with participating in a conspiracy to commit marriage fraud. The indictment also charged Aveles and Zheng with committing marriage fraud for the purpose of evading the federal immigration laws.
The indictment alleged that from June 2016 through March 2017, the six defendants conspired to obtain immigration status for foreign nationals by committing marriage fraud. The scheme involved having U.S. citizens enter into fraudulent marriages with foreign nationals in return for financial gain. Lee allegedly facilitated the conspiracy by arranging meetings between foreign nationals and U.S. citizens and assisting them in obtaining marriage licenses, working permits and green cards for the foreign nationals who paid Lee and the U.S. citizens. According to the indictment, Lee allegedly attempted to arrange fraudulent marriages between certain of his co-defendants and undercover law enforcement agents.
During today’s proceedings, Lee pled guilty to Count 1 of the indictment charging him with conspiracy to commit marriage fraud. In entering the guilty plea, Lee admitted that from Jan. 2016 through May 2017, he recruited United States citizens including Aveles and other individuals who unbeknownst to Lee were undercover law enforcement agents to enter into fraudulent marriages with foreign nationals for the purpose of evading immigration laws. According to the plea agreement, Lee told the sham marriage participants to document their respective relationships by taking photos together, exchanging messages, opening joint bank accounts, renting properties together and having bills put under both participants’ names. Lee further admitted that he assisted the participants with immigration paperwork and in passing off the fraudulent marriages as legitimate during interviews with United States Citizenship and Immigration Services.
In entering the guilty plea, Lee also admitted that he coordinated a payment schedule for the United States citizens participating in the fraudulent marriages, who were to receive payments after taking certain steps such as obtaining a marriage license, participating in a fraudulent marriage, submitting paperwork, and participating in interviews. Lee further admitted that each United States citizen participant was paid approximately $25,000, and Lee also received payment for his role in the conspiracy in return for citizenship for the foreign nationals.
On Aug. 4, 2017, Aveles pled guilty to a felony information charging him with conspiracy and marriage fraud. Zheng pled guilty and was sentenced on Aug. 28, 2017. Charges against Deng were dismissed on July 25, 2017.
At sentencing, Lee and Aveles each face a maximum penalty of five years in federal prison and a fine of up to $250,000. Sentencing hearings have yet to be scheduled.
Chang has entered a plea of not guilty to the indictment. Le has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of HSI and is being prosecuted by Assistant U.S. Attorneys Dustin C. Segovia and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Man Sentenced to Life Imprisonment for Kidnapping, Sexually Assaulting and Murdering 11-Year-Old Navajo ChildRead the Press Release
ALBUQUERQUE – U.S. District Judge William P. “Chip” Johnson of the District of New Mexico sentenced Tom Begaye, Jr., 29, to a term of life imprisonment without the possibility of release for his conviction on murder, aggravated sexual abuse and kidnapping charges arising out of the abduction, rape and murder of an 11-year-old Navajo child on May 2, 2016.
President Russell Begaye of the Navajo Nation, Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, and Director Jesse Delmar of the Navajo Nation Division of Public Safety made the announcement.
“The Nation has mourned the loss of our daughter Ashlynne Mike ever since learning of her horrific death. The sheer brutality of the crimes committed against this child were so deplorable that it was difficult to fathom justice in this matter,” said Navajo Nation President Russell Begaye. “Tom Begaye Jr., received life in prison today for kidnapping, raping, strangling and ultimately killing Ashlynne Mike. In hearing the details of these tragic crimes, we feel just as Ashlynne’s family and her home community feel: can justice truly be served in this case? No child deserves to die in this way and the Navajo Nation will continue to work to strengthen protections for all our children and tribal members.”
“Today’s hearing brings to a close the criminal case against Tom Begaye, Jr., and the sentence of life imprisonment holds him fully accountable for kidnapping, sexually assaulting and murdering Ashlynne Mike and for the trauma he inflicted on her brother. Although the prosecution is over, the pain and loss experienced by Ashlynne’s family and community will continue well into the future,” said Acting U.S. Attorney James D. Tierney. “I commend the FBI and the Navajo Nation Department of Public Safety for their extraordinary and tireless efforts during the investigation of Begaye’s heinous crimes. I also thank all the law enforcement partners who came together with the common goal of finding Begaye and bringing him to justice.”
“The man responsible for one of the worst tragedies to hit the Navajo Nation is going to prison for a long time,” said Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI. “The FBI and its tribal and other partners worked together to bring Ashlynne's killer to justice. Many people who never met Ashlynne joined to share their grief with her family, and we hope today's sentencing gives them some measure of solace.”
“This case was very unfortunate because of the age of the victim. The Navajo people cherish our little young ones, and so this case was so extreme and so shocking to us all. It was especially hard for the law enforcement personnel who had to deal with this case directly,” said Director Jesse Delmar of the Navajo Nation Division of Public Safety. “I thank the Navajo Nation law enforcement personnel, the FBI, the San Juan County Sheriff’s Office, and the U.S. Attorney’s Office for their work on this case and for bringing Justice to the victim and her family today. Today has been an emotional day for all of us as we continue to grieve the loss of our little one, our Ashlynn Mike.”
The FBI and Navajo Nation Division of Public Safety arrested Begaye, an enrolled member of the Navajo Nation from Waterflow, N.M., on May 4, 2016, on a criminal complaint charging Begaye with kidnapping, sexually abusing and murdering an 11-year-old Navajo child on May 2, 2016, on the Navajo Indian Reservation in San Juan County, N.M. On May 24, 2016, a federal grand jury returned an indictment charging Begaye with six offenses: first-degree murder, felony murder, kidnapping resulting in death, aggravated sexual abuse resulting in death (two counts), and kidnapping of a minor. According to the indictment, Begaye killed a female child under the age of 12 years by striking her with a tire iron, and caused her death while kidnapping and sexually assaulting her. The indictment also charged Begaye with kidnapping a second victim, a male child under the age of 18 years.
Begaye pled guilty on Aug. 1, 2017, to all six-counts of the indictment. In his plea agreement, Begaye admitted kidnapping the 11-year-old victim and her nine-year-old brother on May 2, 2016, by tricking the children into getting into his van by offering to drive them to their home. Instead, Begaye drove them to a location near the Shiprock Monument where he led the victim away from the van to an area beyond her brother’s field of view. Begaye sexually assaulted the victim before killing her by strangling her and repeatedly hitting her on the head and face with a tire iron. Begaye then returned to his van, directed the victim’s brother to get out of the van, and drove away, leaving the child behind.
The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the FBI Child Abduction Rapid Deployment Team, U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department. Assistant U.S. Attorneys Niki Tapia-Brito and Jennifer M. Rozzoni prosecuted the case.
The U.S. Attorney’s Office prosecuted Begaye under its anti-violence initiative, which 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.
Taos County Man Sentenced to Four Years in Federal Prison for Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joseph Cordova, 31, of Chamisal, N.M., was sentenced today in federal court in Albuquerque, N.M., to a 48-month prison term followed by three years of supervised release for his conviction on an Oxycodone trafficking charge. The sentence was announced by Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA, and New Mexico State Police Chief Pete N. Kassetas.
Cordova appeared in court on Sept. 30, 2016, on an indictment charging him with possessing Oxycodone, heroin, cocaine and methadone with intent to distribute. The indictment alleged that Cordova committed the crimes on June 5, 2016, in Taos County, N.M.
On June 5, 2017, Cordova pled guilty to Count 1 of the indictment charging him with possessing Oxycodone with intent to distribute. In entering the guilty plea, Cordova admitted that on June 5, 2016, officers of the New Mexico State Police found more than 1,000 Oxycodone pills while searching Cordova’s vehicle. Cordova admitted that he intended to distribute the pills to others.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Peter J. Eicker 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.
Colfax County Man Sentenced to 92 Months in Prison for Assaulting Federal EmployeeRead the Press Release
ALBUQUERQUE – Cody Martinez, 31, of Raton, N.M., was sentenced today in federal court in Santa Fe, N.M., to 92 months in prison followed by three years of supervised release for assaulting a federal employee. The sentence was announced by Acting U.S. Attorney James D. Tierney, 8th Judicial District Attorney Donald Gallegos, and Inspector in Charge Keith Fixel of the Phoenix Division of the U.S. Postal Inspection Service.
Martinez was arrested on Jan. 29, 2016, on a federal criminal complaint for assaulting a U.S. Postal Service (USPS) letter carrier. According to the criminal complaint, Martinez struck the victim in the back of the head with a brick while the victim was delivering mail in Colfax County, N.M., on Jan. 20, 2016. Martinez was apprehended shortly thereafter while attempting to flee from law enforcement officers. The victim sustained serious injuries as a result of the assault.
Martinez was indicted on Feb. 24, 2016, and was charged with assaulting a federal employee resulting in bodily injury. On Nov. 4, 2016, Martinez pled guilty to the indictment and admitted that on Jan. 20, 2016, he assaulted a federal employee, a mail carrier, by striking him in the head with a dangerous weapon, a brick, causing bodily injury.
Martinez was arrested on Jan. 20, 2016 on local charges filed by the 8th Judicial District Attorney’s Office. Those charges were dismissed in favor of federal prosecution.
This case was investigated by the U.S. Postal Inspection Service and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.
45th 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 45 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, Albuquerque, N.M., resident Matthew Sandoval, 38, was sentenced to 60 months in prison followed by three years of supervised release for his conviction on a heroin trafficking charge.
Sandoval and co-defendant Keith Thompson, 48, were arrested in July 2016, and were charged in a two-count indictment with distributing heroin on May 9, 2016, and distributing methamphetamine on May 19, 2016. Sandoval entered a guilty plea on June 30, 2017, and Thompson entered a guilty plea on June 29, 2017. In entering their guilty pleas, Sandoval and Thompson both admitted that on May 9, 2016, they sold heroin to another individual. Thompson is currently scheduled to be sentenced on Oct. 31, 2017.
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 against Sandoval was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Owner of Old Town Albuquerque Jewelry Stores Pleads Guilty to Fraudulently Selling Filipino-Made Jewelry as Native American-MadeRead the Press Release
ALBUQUERQUE – Nael Ali, 53, of Albuquerque, N.M., pled guilty today in federal court to violating the Indian Arts and Crafts Act (IACA) by selling counterfeit Native American-style jewelry out of two retail jewelry stores located in Albuquerque’s Old Town. Ali entered a guilty plea to two felony charges under a plea agreement that recommends up to 18 months of imprisonment followed by a term of supervised release to be determined by the court.
The IACA prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian and Indian tribe. The law is designed to prevent products from being marketed as “Indian made,” when the products are not, in fact, made by Indians. It covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935, and broadly applies to the marketing of arts and crafts by any person in the United States. IACA provides critical economic benefits for Native American cultural development by recognizing that forgery and fraudulent Indian arts and crafts diminish the livelihood of Native American artists and craftspeople by lowering both market prices and standards.
“Today’s guilty plea is a victory for Native Americans and the protection of their cultural heritage. Southwest Native American jewelry is world renowned for its craftsmanship and beauty. Those who pay top dollar to own these treasures should be able to trust their authenticity and know their money supports real Native Americans and their tribes,” said Acting U.S. Attorney James D. Tierney. “Convictions of profiteers like the defendant in this case restore trust in that marketplace and prevent the exploitation of Native Americans.”
“As Chairman of the Indian Arts and Crafts Board, U.S. Department of the Interior, I want to again convey the Board’s deep appreciation for the outstanding leadership and contributions provided by the U.S Attorney’s Office for the District of New Mexico and the U.S. Fish and Wildlife Service, along with the other agency partners who participated in bringing this landmark enforcement action under the Indian Arts and Crafts Act,” said Chairman Harvey Pratt of the Indian Arts and Crafts Board. “When Indian artists are undercut by the sale of fake Indian art, the integrity of authentic Indian art and artists suffer. Eliminating the flow of counterfeit Native American art and craftwork provides a level playing field for the highly talented, dedicated, and hard-working producers of genuine Native American art. “
“This case brought much needed attention to the issue of counterfeit Native American arts and crafts,” said Nicholas E. Chavez, Special Agent in Charge for the United States Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region. “The U.S. Fish and Wildlife Service will continue to work closely with our tribal, federal, and state partners to investigate and prosecute individuals who would threaten the livelihoods of Native American artisans through forgery and fraud.”
“The beautiful and unique jewelry made by Native Americans is one of our country's most precious cultural resources,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI is committed to investigating any attempt to cheat these artists out of the fruits of their labor, as well as the collectors who admire their work.”
Ali and co-defendant Mohammad Manasra, 57, also of Albuquerque, were charged in Oct. 2015, in a four-count indictment with conspiracy to violate the IACA and three substantive violations of the Act. A ten-count superseding indictment was filed in March 2016, charging Ali and Manasra with conspiracy and substantive violations of the IACA, mail fraud and four counts of wire fraud. According to the superseding indictment, Ali owned two jewelry stores, Gallery 8 and Galleria Azul, in Albuquerque’s Old Town specializing in Native American jewelry, and Manasra was a wholesaler of Native American jewelry. The superseding indictment alleged that Ali and Manasra violated the IACA by conspiring to import and fraudulently sell Filipino-made jewelry as Native American-made.
The charges against Ali and Manasra were the result of an ongoing federal investigation led by the U.S. Fish and Wildlife Service (FWS) and FBI into an international scheme to violate the IACA. During a law enforcement operation in Oct. 2015, federal agents executed 15 search warrants in New Mexico and one in California. Eight of the search warrants were executed in Albuquerque including four at retail and wholesale jewelry businesses. In addition, search warrants were executed at three jewelry stores in Gallup, three jewelry stores in Santa Fe, and a jewelry production shop in Zuni. Federal agents also executed a search warrant at a jewelry store in Calistoga, Calif. Three federal seizure warrants also were executed on bank accounts in a Charlotte, N.C., bank and a San Francisco, Calif., bank. In addition, the Philippines National Bureau of Investigations conducted a series of investigative interviews at two factories in Cebu City, Philippines.
During today’s change of plea hearing, Ali pled guilty to a two-count felony information charging him with violating the IACA. In his plea agreement, Ali admitted operating Gallery 8, a store in Old Town Albuquerque, where he sold Native American-style jewelry made by laborers in the Philippines. Ali admitted mixing Filipino-made jewelry with Native American-made jewelry without labeling the Filipino-made jewelry with the country of origin. Ali also admitted intentionally stocking the Filipino-made jewelry in a manner that falsely suggested that it was Native-American made; providing lists for the employees to reference symbols and initials to falsely suggest the jewelry was Native American-made; and training employees to tell customers the jewelry was Native American-made. Ali also admitted that on Feb. 26, 2014, an employee acting at Ali’s direction sold ten rings, which he represented as Navajo-made but were actually Filipino-made, to an undercover law enforcement agent for $1,115.
According to the plea agreement, from Oct. 8 2015 through Oct. 28, 2015, Ali operated two stores in Albuquerque’s Old Town – Gallery 8 and Galleria Azul – where Ali personally displayed and offered Filipino-made Native American-style jewelry for sale as Native American-made. Ali admitted that he personally represented to another undercover agent that all of his Native American-style jewelry had been made by Native Americans and members of tribes, including the Navajo Nation and Zuni Pueblo. Ali acknowledged that the total value of Filipino jewelry offered and displayed for sale in his stores as Native American-made far exceeded $1,000 in retail and wholesale price.
On Oct. 5, 2016, Manasra entered a guilty plea to a misdemeanor information charging him with violating IACA. In entering the guilty plea, Manasra admitted that on Oct. 19, 2014, he fraudulently sold a Kokopelli pendant and earing set, two rings, a bracelet and an orange cluster pendant to an undercover law enforcement agent. Manasra further admitted that he knew the jewelry was made in the Philippines even though he intentionally told the undercover agent that the Kokopelli set was “Zuni” and the rings, bracelet and cluster set were “Navajo.” Manasra admitted that Filipino-made jewelry had been displayed, offered and sold falsely to suggest that it had been made by members of federally recognized Indian Tribes. At sentencing, Manasra faces a maximum penalty of one year in prison or a maximum of five years of probation.
Sentencing hearings for Ali and Manasra have yet to be scheduled.
The case was investigated by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service and the Albuquerque Division of the FBI with assistance from Homeland Security Investigations (HSI), U.S. Marshals Service, DEA and New Mexico Department of Game and Fish. The U.S. Fish and Wildlife Service’s Office of Law Enforcement for Region Eight and California Department of Fish and Wildlife provided support in Calistoga, Calif., and HSI provided support in La Habra, Calif. The U.S. Fish and Wildlife Service Attaché for Southeast Asia and the Philippine National Bureau of Investigations provided support in Cebu City, Philippines. Assistant U.S. Attorneys Kristopher N. Houghton and Sean J. Sullivan are prosecuting the case.
Las Cruces Man Pleads Guilty to Unlawfully Possessing Firearm While Being Subject to a Protective OrderRead the Press Release
ALBUQUERQUE – Joseph Torrez, 31, of Las Cruces, N.M., pled guilty yesterday afternoon in federal court to violating federal firearms laws by unlawfully possessing a firearm and ammunition while being subject to a protective order. Torrez’s plea agreement recommends a sentence within the range of 15 to 18 months in prison followed by a term of supervised release to be determined by the court.
Torrez was arrested on June 1, 2017, on a criminal complaint charging him with violating the federal firearms laws on Feb. 7, 2017, in Dona Ana County, N.M. According to the criminal complaint, on Feb. 11, 2017, a fugitive investigator of the New Mexico Division of Adult Probation and Parole (NMDAPP) observed Torrez carry a gun case containing a rifle into a gun shop in Las Cruces. Based on that information, an officer of the NMDAPP obtained a state arrest warrant for Torrez, who was prohibited from possessing firearms as a condition of the probationary term he was serving as the result of a misdemeanor conviction for aggravated assault. On Feb. 13, 2017, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) assisted the NMDAPP in arresting Torrez and executing a probationary inspection at Torrez’s residence. During the search, the agents and officers seized a shotgun and boxes of ammunition.
During yesterday’s proceedings, Torrez pled guilty to a felony information charging him with possession of a firearm while under a court order of protection. In entering the guilty plea, Torrez admitted that on Feb. 7, 2017, he possessed an AR-15 rifle and numerous rounds of ammunition. Torrez further admitted that on Feb. 7, 2017, he was subject to a protective order placed against him on June 8, 2012 that expires on June 8, 2026, and prohibits Torrez from possessing firearms or ammunition. A sentencing hearing has yet to be scheduled.
The case against Torrez was investigated by the Las Cruces office of ATF and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Laguna Pueblo Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Quentin DeLoris, 23, an enrolled member of the Laguna Pueblo who resides in Mesita Laguna, N.M., pled guilty today in federal court in Albuquerque, N.M., to a statutory rape charge. Under the terms of his plea agreement, DeLoris will be sentenced to 15 months in federal prison followed by a term of supervised release to be determined by the court. DeLoris will also be required to register as a sex offender.
During today’s proceedings, DeLoris pled guilty to a felony information charging him with committing statutory rape on Dec. 25, 2016, on the Pueblo of Laguna in Cibola County, N.M. In entering the guilty plea, DeLoris admitted that on Dec. 25, 2016, he engaged in a sexual act with the victim who was between the age of 12 and 16 years. DeLoris’s sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services. Special Assistant U.S. Attorney Lucy B. Solimon 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.
Isleta Pueblo Man Sentenced to Seven Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Juan Larry Lujan, 63, a member and resident of Isleta Pueblo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 84 months in prison for his conviction on an abusive sexual contact charge. Lujan will be on supervised release for five years after completing his prison sentence and also will be required to register as a sex offender.
Lujan was arrested in Feb. 2016, on an indictment charging with sexually abusing a child under the age of 12 on the Pueblo of Isleta in Valencia County, N.M.
On Nov. 16, 2016, Lujan pled guilty to a felony information charging him with abusive sexual contact. In entering the guilty plea, Lujan admitted sexually abusing a child under the age of 12 between Nov. 2011 and Nov. 2013.
This case was investigated by the Albuquerque office of the FBI. The case was prosecuted by Assistant U.S. Attorney Joseph Spindle 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/.
Carlsbad Felon Pleads Guilty to Federal Kidnapping and Firearms ChargesRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Kent Waller of the Carlsbad Police Department (CPD) announced that Richard Fierro, 43, of Carlsbad, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to kidnapping and firearms charges. Fierro’s plea agreement recommends a sentence of 15 years in prison followed by a term of supervised release to be determined by the court.
Fierro 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.
Fierro was arrested in Nov. 2016, on a criminal complaint charging him violating the federal firearms laws on Oct. 28, 2016, in Eddy County, N.M. According to the complaint, Fierro forced two children into his vehicle at gunpoint, crashed the vehicle, and attempted to flee the scene before being arrested by CPD officers. Officers found a firearm, ammunition, and marijuana in Fierro’s vehicle during a search incident to arrest. During a subsequent search of Fierro’s residence pursuant to a search warrant, officers seized ammunition, suspected quantities of cocaine and heroin, and drug paraphernalia.
Fierro was indicted on Feb. 15, 2017, and was charged with kidnapping two victims and with being a felon in possession of a firearm and ammunition on Oct. 28, 2016, in Eddy County. According to the indictment, Fierro was prohibited from possessing firearms or ammunition because he previously had been convicted on cocaine trafficking, aggravated battery, possession of a firearm by a felon, and possession of cocaine base with intent to distribute.
During yesterday’s proceedings, Fierro pled guilty to the indictment. In entering the guilty plea, Fierro admitted that on Oct. 28, 2016, he forced the two juvenile victims into his vehicle based on his mistaken belief that he needed to kidnap them to protect his daughter from harm. Fierro further admitted kidnapping the two victims he drove around Carlsbad until he crashed into another vehicle and fled the scene. Fierro acknowledged possessing a firearm and ammunition during the kidnapping although he was prohibited from possessing firearms and ammunition due to his status as a convicted felon. Fierro 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 Carlsbad Police Department. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Man from Grants Sentenced to Nine Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Moises Eufelio Martinez, Jr., 43, of Grants, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 108 months in prison for his conviction on a methamphetamine trafficking charge. Martinez will be on supervised release for four years after completing his prison sentence.
Martinez was arrested in Jan. 2017, on a criminal complaint charging him with possessing methamphetamine with intent to distribute and possessing firearms in furtherance of a drug trafficking crime. The complaint alleged that Martinez committed the crimes on Dec. 19, 2016, in Lea County, N.M. According to the complaint, officers of the Lea County Drug Task Force seized approximately 901.5 gross grams of methamphetamine, drug paraphernalia, firearms and ammunition from Martinez and his hotel room during the execution while executing search warrants.
On June 22, 2017, Martinez pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute. In entering the guilty plea, Martinez admitted that on Dec. 19, 2016, he possessed two bags containing methamphetamine and a loaded handgun when he was searched by Lea County Drug Task Force officers. Martinez acknowledged that he intended to distribute the methamphetamine to others and that he was carrying the firearm to protect himself, the methamphetamine, and any money he received from selling the methamphetamine.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
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 New Mexico 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.
Colorado Man Arraigned on Federal Stalking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Peter Fitzpatrick, 42, of Wheat Ridge, Colo., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with three counts of stalking. During his arraignment hearing, Fitzpatrick entered a not guilty plea to the indictment, and was released pending trial under pretrial supervision and other conditions of release.
Fitzpatrick was arrested on Oct. 4, 2017, in Denver, Colo., and was transported to New Mexico by the U.S. Marshals Service to face the charges in the three-count indictment, which was filed by a federal grand jury on Sept. 21, 2017. According to the indictment, between Feb. 1, 2016 and Sept. 1, 2017, Fitzpatrick used interstate communication devises, including a telephone, to engage in a course of conduct against the three victims that placed the victims in reasonable fear of death and serious bodily injury.
If convicted of the crimes charged in the indictment, Fitzpatrick faces a maximum penalty of five years in federal prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service and the U.S. Postal Inspection Service. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.
Albuquerque Man Facing Federal Robbery and Prescription Drug Trafficking Charges Arising Out of Pharmacy RobberyRead the Press Release
ALBUQUERQUE – Abraham Martinez, 35, of Albuquerque, N.M., made his initial appearance this morning in federal court on a criminal complaint charging him with violating the Hobbs Act and prescription drug trafficking. The charges against Martinez arise out of the alleged armed robbery of an Albuquerque-area pharmacy on Oct. 13, 2017. Martinez remains in custody pending a preliminary hearing and a detention hearing both of which are scheduled for Oct. 17, 2017.
The criminal complaint charges Martinez with violating the Hobbs Act by robbing a business engaged in interstate commerce and possession of Xanax with intent to distribute. According to the criminal complaint, Martinez allegedly committed the offenses by robbing the Walgreens pharmacy located at 2625 San Pedro Dr. NE in Albuquerque, by threatening the pharmacist with a knife and demanding Xanax.
If convicted of the charges in the criminal complaint, Martinez faces a statutory maximum penalty of 20 years in federal prison for violating the Hobbs Act and a statutory maximum penalty of 10 years in federal prison for possession of prescription drug with intent to distribute. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque and the Albuquerque Police Department. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Assistant U.S. Attorney Joel R. Meyers 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.
Mexican National Pleads Guilty to Aggravated Identity Theft and Passport Fraud ChargesRead the Press Release
ALBUQUERQUE – Juan Manuel Almanza-Martinez, 58, a Mexican national illegally residing in the United States, pled guilty yesterday in federal court in Las Cruces, N.M., to making false statements on a passport application and aggravated identity theft charges.
Almanza-Martinez was arrested on July 19, 2017, on a criminal complaint charging him with making a false statement in an application for a passport in Dona Ana County, N.M. An investigation into Almanza-Martinez was initiated in Feb. 2017, by the Las Cruces office of Homeland Security Investigations (HSI) after agents received information that Almanza-Martinez was illegally residing in Anthony, N.M. According to the complaint, the Social Security Administration (SSA) interviewed Almanza-Martinez in 2015, after he applied for Social Security benefits in El Paso, Tex., after learning that the Social Security number Almanza-Martinez provided had been reported stolen from the victim approximately 30 years earlier. The complaint further alleged that Almanza-Martinez fraudulently used the victim’s Social Security number to apply for replacement Social Security cards in Jan. 2008 and Sept. 2008; for a passport in Nov. 1999, March 2009, and Dec. 2009; and for unemployment benefits in July 2015.
Court filings reflect that Almanza-Martinez was previously deported from the United States in 1982, following a felony conviction for second-degree burglary in Colorado. They further reflect that in 1990, Almanza-Martinez admitted lying to the U.S. Immigration and Naturalization Service (USINS) in 1982, about his name and being a Mexican national, and provided the USINS with a false birth certificate from the State of California. Due to a lack of available information, the USINS was unable to verify Almanza-Martinez’s citizenship and no further action was taken against Almanza-Martinez at that time. On March 3, 2017, a certified copy of Almanza-Martinez’s Mexican birth certificate was provided to HSI confirming that Almanza-Martinez was born in Chihuahua, Mexico in 1959.
During yesterday’s proceedings, Almanza-Martinez pled guilty to a felony information charging him with making a false statement in an application for a passport on Dec. 10, 2009, and aggravated identity theft on July 18, 2017. According to the information, Almanza-Martinez committed the offenses in Dona Ana County. The guilty plea was entered without the benefit of a plea agreement.
At sentencing, Almanza-Martinez faces a maximum penalty of five years in federal prison on the false statement on an application for a passport charge. He also faces a mandatory minimum penalty of two years in federal prison on the aggravated identify theft charge which must be served consecutive to any other sentence imposed. A sentencing hearing has yet to be scheduled.
This case was investigated by the Diplomatic Security Service of the U.S. Department of State, Las Cruces office of HSI and the SSA Office of Inspector General. Assistant U.S. Attorneys John Balla and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Acoma Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Anthony Phillips, 27, an enrolled member and resident of Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Phillips will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.
Phillips was arrested on March 30, 2017, on an indictment charging him with assault resulting in serious bodily injury on Jun 19, 2016, on the Acoma Indian Reservation in Cibola County, N.M.
During today’s proceedings, Phillips pled guilty to the indictment and admitted that on June 19, 2016, on the Acoma Indian Reservation, he assaulted a Laguna Pueblo woman by wrapping his arms around her, kicking her legs out from under her, and taking her to the ground and handcuffing her. Phillips further admitted that the victim suffered an avulsion facture to her knee and a torn ACL as the result of the assault. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services. Assistant U.S. Attorney Elisa C. 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.