District of New Mexico
Press releases recorded for this federal judicial district.
Rio Arriba County Woman Pleads Guilty to Attempted Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Ashley Herrera, 28, of Espanola, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to attempted bank robbery.
Herrera was arrested in July 2016, on a criminal complaint charging her with attempting to rob the Bank of America branch located at 4037 Rodeo Road in Santa Fe, N.M., on Aug. 12, 2015. Herrera subsequently was indicted on Aug. 23, 2016, and charged with attempted bank robbery.
During today’s proceedings, Herrera pled guilty to the indictment. and admitted that on Aug. 12, 2015, she attempted to rob the bank by handing a bank teller a note in which she threatened to shoot if the bank teller did not give her money. Herrera acknowledged leaving the bank without obtaining any money. She was later arrested after one of her fingerprints was found on the demand note she handed the bank teller.
At sentencing, Herrera 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 FBI and the Santa Fe Police Department. Assistant U.S. Attorneys Shana B. Long and Peter J. Eicker are prosecuting the case.
One Albuquerque Resident Sentenced and Another Pleads Guilty to Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two Albuquerque residents appeared in federal court today in connection with pending drug trafficking charges. Daniel Griego, 31, was sentenced to 24 months in prison followed by three years of supervised release for his cocaine trafficking conviction. Robert Henry Lovato, 44, entered a guilty plea to a methamphetamine trafficking charge under a plea agreement stipulating to a 48-month term of imprisonment.
Griego and Lovato were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Griego was arrested on a criminal complaint charging him with possessing a distribution quantity of cocaine on July 6, 2016, in Bernalillo County. According to the complaint, on that day, Griego sold approximately 507 grams of cocaine to an individual working with law enforcement. Griego was indicted on July 28, 2016, and charged with distributing cocaine on July 6, 2016. Griego entered a guilty plea to the indictment on Sept. 2, 2016.
Lovato was arrested on July 6, 2017, on an indictment charging him with distributing methamphetamine on April 19, 2016, in Bernalillo County. During today’s proceedings, Lovato entered a guilty plea to a felony information charging him with distributing methamphetamine. A sentencing hearing has yet to be scheduled.
To date, 29 of the 104 defendants have entered guilty pleas and three have been sentenced. The remaining defendants, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of ATF. Assistant U.S. Attorney David M. Walsh prosecuted the case against Griego, and Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case against Lovato.
Navajo Man from Shiprock Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Terrell Ray Antonio, 41, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M. Antonio will serve a 46-month term of imprisonment followed by three years of supervised release for his conviction on an assault charge.
Antonio was arrested on Jan. 22, 2016, on a criminal complaint charging him with assault resulting in serious bodily injury. According to the complaint, on Jan. 17, 2016, struck the victim, a Navajo woman, with his car minutes after she got out the vehicle and started walking away from the vehicle following an argument between the two. The victim suffered a fractured hip, broken right upper arm and head trauma, and had to be airlifted to a hospital because of her injuries. committed the assault on the Navajo Indian Reservation in San Juan County, N.M.
Antonio was indicted on Feb. 24, 2016, and charged with assault resulting in serious bodily injury, and assault with a dangerous weapon, a vehicle.
On July 22, 2016, Antonio pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily. In entering the guilty plea, Antonio admitted assaulting the victim by striking her with his vehicle, and acknowledged that she suffered serious bodily injury as a result of the assault.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.
Assistant U.S. Attorney Niki Tapia-Brito prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native 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.
Navajo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Patrick Yazzie-Tso, 28, an enrolled member of the Navajo Nation who resides in Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 42 months in prison for his conviction on federal assault charges. Yazzie-Tso will be on supervised release for three years after completing his prison sentence.
Yazzie-Tso was arrested in Jan. 2016, on a federal criminal complaint charging him with assault. According to the complaint, on Dec. 13, 2015, the Pojoaque Pueblo Tribal Police Department learned of the assault when they responded to a domestic violence call on Pojoaque Pueblo in Santa Fe County, N.M. The complaint alleged that Yazzie-Tso assaulted the victim, a non-Indian woman, by punching her repeatedly on the head and face, slamming a large painting canvas on her, and strangling her by wrapping his hands around her neck and throat.
Yazzie-Tso was subsequently indicted on Feb. 9, 2016, and charged with assault resulting in serious bodily injury and strangling an intimate partner. On June 1, 2016, Yazzie-Tso pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Joseph Spindle.
MEDIA ADVISORY-- Federal and Local Authorities to Discuss Serious Threats Posed by Tax ScamsRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Ismael Nevarez, Jr. of the Phoenix Field Office of IRS Criminal Investigation, Chief Gorden E. Eden, Jr., of the Albuquerque Police Department, and Undersheriff Greg Rees of the Bernalillo County Sheriff’s Department will hold a press conference at 1:00 P.M. on WEDNESDAY, FEBRUARY 22, 2017, to discuss how New Mexicans can avoid falling for phone and phishing scams and becoming victims of identity theft. Vigilance is important because tax scams surge during the tax filing season, and phone scams alone have defrauded more than 100,000 victims of more than $54 million since Oct. 2013.
WHO:
U.S. Attorney Damon P. Martinez
Special Agent in Charge Ismael Nevarez Jr. of the Phoenix Field Office of IRS Criminal Investigation
Chief Gorden E. Eden, Jr., of the Albuquerque Police Department
Undersheriff Greg Rees of the Bernalillo County Sheriff’s Department
WHEN:
WEDNESDAY, FEBRUARY 22, 2017
1:00 p.m.
WHERE:
U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials (which must be worn around the neck or pinned to clothing at all times). Media may begin to arrive at 10:15 a.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
Laguna Pueblo Man Sentenced to Prison for Assault with a Dangerous WeaponRead the Press Release
ALBUQUERQUE – Kyle L. Mansfield, 26, an enrolled member of the Laguna Pueblo who resides in Casa Blanca, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for his conviction on an assault charge. Mansfield will be on supervised release for three years after completing his prison sentence.
Mansfield was arrested on May 12, 2016, on a criminal complaint charging him with assault with a dangerous weapon, a firearm, and assault resulting in serious bodily injury. According to the complaint, Mansfield shot the victim in the leg while driving past the victim’s residence. Mansfield committed the crime on May 9, 2016, on the Laguna Indian Reservation in Cibola County, N.M.
On Aug. 26, 2016, Mansfield pled guilty to a felony information charging him with assault with a dangerous weapon. In entering the guilty plea, Mansfield admitted that on May 9, 2016, he fired six or more shots from a pistol toward the ground in the direction of the victim with the intention of injuring the victim.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department and was prosecuted by Assistant U.S. Attorney Michael Murphy.
Jicarilla Apache Man Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Mylan Skye Velarde, 31, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today in federal court in Albuquerque, N.M., to 33 months in prison followed by three years of supervised release for his assault conviction. The sentence was announced by U.S. Attorney Damon P. Martinez and Chief Sylvester Stanley of the Jicarilla Apache Tribal Police Department.
Velarde was arrested in Dec. 2015, on an indictment charging him with assault with a dangerous weapon, a bat, with intent to do bodily harm. According to the indictment, Velarde committed the crime on March 18, 2015, in Indian Country in Rio Arriba County, N.M.
On June 24, 2016, Velarde pled guilty to the indictment. In entering the guilty plea, Velarde admitted that on March 18, 2015, he repeatedly struck the victim in the head and upper torso with a bat, causing the victim to suffer bodily injury.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Albuquerque Man Sentenced to Seven Years for Brandishing Firearm During Attempted Bank RobberyRead the Press Release
ALBUQUERQUE – Darrel Salazar, 48, of Albuquerque, N.M., was sentenced today in federal court to seven years in prison followed by three years of supervised release for brandishing a firearm during an attempted armed bank robbery. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD).
Salazar was arrested on Jan. 12, 2016, by the FBI on a criminal complaint charging him with attempted bank robbery. According to the complaint, on Jan. 11, 2016, Salazar attempted unsuccessfully to rob the Bank of America branch located at 3101 Carlisle Blvd. NE in Albuquerque. Salazar entered the bank where he passed a note demanding cash to a bank teller and brandished a firearm at the teller.
Salazar subsequently was indicted on Feb. 9, 2016, and charged with robbing the Wells Fargo Bank branch located at 5555 Montgomery Blvd., on Jan. 11, 2016; attempting to rob the Bank of America branch located at 3101 Carlisle Blvd. on Jan. 11, 2016; and brandishing a firearm during the attempted bank robbery of the Bank of America on Jan. 11, 2016. According to the indictment, Salazar committed the crimes in Bernalillo County, N.M.
On Oct. 17, 2016, Salazar pled guilty to brandishing a firearm during a crime of violence. In entering the guilty plea, Salazar admitted that on Jan. 11, 2016, he entered the Bank of America branch at 3101 Carlisle Blvd. in Albuquerque, armed with a firearm. Salazar further admitted approaching a bank teller, passing a handwritten note demanding money to the teller, and brandishing the firearm at the teller when the teller failed to comply with his demand.
This case was investigated by the Albuquerque office of the FBI and APD. Assistant U.S. Attorney David M. Walsh prosecuted the case.
Santa Fe Cardiologist Pleads Guilty to Federal Health Care Fraud ChargeRead the Press Release
ALBUQUERQUE – Roy G. Heilbron, 53, a cardiologist practicing in Santa Fe, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a health care fraud charge, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Under the terms of the plea agreement, Heilbron will be sentenced to two years in federal prison followed by a term of supervised release to be determined by the court.
Heilbron was charged with health care fraud and wire fraud charges in a 24-count indictment that was filed in June 2015. The indictment alleged that Heilbron, a physician licensed to practice medicine in New Mexico who specializes in cardiology, executed a scheme to defraud Medicare and other health care benefit programs between Jan. 2010 and May 2011 by submitting false and fraudulent claims. According to the indictment, Heilbron executed his fraudulent scheme by:
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Performing and billing for a wide array of unnecessary tests on every new patient and submitting false diagnoses with the billing claims to justify the tests to the insurance plans;
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Inserting false symptoms, observations, and diagnoses into patients’ medical charts to provide written support for the tests he ordered or performed;
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Inserting photocopied clinical notes, diagnostic test results, and ultrasound images in patients’ medical charts to create a written record of procedures that were either not performed or that had not been sufficiently documented to support the billing;
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Submitting the photocopied notes, results, and images to the insurance plans when the plans requested documentation to support the claims submitted;
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Submitting claims to health plans for procedures that were never performed;
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Submitting claims for procedures performed on two consecutive dates to increase the amount paid for services that were actually rendered together on one single date; and
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Misusing billing codes and modifiers in order to increase his rate of reimbursement.
Counts 1 through 9 of the indictment charged Heilbron with committing health care fraud by submitting false claims for medical services rendered to health care benefit programs on nine dates between July 13, 2010 and Feb. 10, 2011. 10-21 charged Heilbron with committing health care fraud by submitting falsified medical records for medical services to health care benefit programs on twelve occasions between Jan. 20, 2010 and May 5, 2011. 22 through 24 charged Heilbron with committing wire fraud by using wire communications to obtain payments from health care benefit programs.
During a change of plea hearing today, Heilbron pled guilty to Count 4 of the Indictment, a health care fraud charge. In his plea agreement, Heilbron acknowledged that at all times relevant to the crimes charged in the indictment, he was a doctor involved in the private practice of medicine. Heilbron further admitted from Dec. 2009 through Dec. 2011, he provided medical services as A Well for Health Church, Inc., a medical clinic in Santa Fe, where he contracted with several health care benefit programs including Blue Cross and Blue Shield of New Mexico and Medicare. Under the terms of those contracts, Heilbron would bill the programs for medical services he provided to patients covered by those programs and included his medical diagnosis or other justifications for the services for which he requested compensation. In his plea agreement, Heilbron admitted devising and executing a scheme to deceive and obtain money from health care programs that covered his patients by misrepresenting his patients’ diagnoses.
Although Heilbron pled guilty to only one count of the indictment, in his plea agreement, Heilbron agreed to pay restitution based on all of the criminal conduct charged in the indictment. The amount of restitution will be determined by the court after the presentation of evidence and argument by the parties.
This case was investigated by the Santa Fe and Albuquerque offices of the FBI and is being prosecuted by Assistant U.S. Attorneys Jeremy Pena, George C. Kraehe and C. Paige Messec.
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Navajo Man from Arizona Sentenced to Prison for Federal Assault Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Brandon Lee Walker, 22, an enrolled member of the Navajo Nation who resides in Sanders, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison for his assault conviction. Walker will be on supervised release for two years after completing his prison sentence.
Walker was arrested on July 22, 2015, on a criminal complaint charging him with committing an assault, which resulted in serious bodily injury, on the Navajo Indian Reservation in McKinley County, N.M. Court documents indicate that on June 7, 2015, Walker was involved in a high speed car chase that resulted in a crash which seriously injured a passenger in his vehicle. The victim was airlifted from the scene of the collision to University of New Mexico Hospital for injuries to her sternum and arm, which required surgical treatment.
Walker subsequently was indicted on Aug. 11, 2015, and charged with assault resulting in serious bodily injury. During a change of plea hearing on Dec. 22, 2015, Walker pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety, the Zuni Tribal Police Department, the McKinley County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Elaine Ramirez prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Jesse James Davis, 40, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, Davis will be sentenced within the range of ten to 15 years in prison followed by a term of supervised release to be determined by the court.
Davis and his co-defendant, Joshua Bright, 32, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Davis and Bright were indicted on June 30, 2016. The indictment charged both men with conspiracy and distributing methamphetamine on June 6, 2016. It also charged Bright alone with distributing methamphetamine on June 14, 2016. According to the indictment, the offenses took place in Bernalillo County, N.M. The indictment included forfeiture provisions requiring Davis and Bright to forfeit $4,600 to the United States.
During today’s proceedings, Davis pled guilty to Count 2 of the indictment charging him with distributing methamphetamine. In entering the guilty plea, Davis admitted that on June 6, 2016, he sold approximately 115 grams of methamphetamine to an undercover law enforcement agent. Davis remains in custody pending a sentencing hearing which has yet to be scheduled.
To date, 28 of the 104 defendants have entered guilty pleas and two have been sentenced. The remaining defendants including Bright, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.
Navajo Man from Kirtland Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Gary Begay, 23, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Begay will be sentenced to nine years in federal prison followed by a term of supervised release to be determined by the court.
Begay was arrested in June 2016, on an indictment charging him with sexual assault and assault resulting in serious bodily injury. According to the indictment, Begay committed the crimes on March 14, 2015, on the Navajo Indian Reservation in San Juan County, N.M.
During today’s proceedings, Begay pled guilty to Count 2 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Begay admitted assaulting the victim by striking the victim with his fists and a bottle, breaking the victim’s teeth and causing serious bodily injury to the victim. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI, the Navajo Nation Department of Public Safety and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Joseph Spindle is prosecuting the case.
Mexican National Sentenced for Conviction on Federal Methamphetamine Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Juan Merino-Guerrero, 29, was sentenced today in federal court in Albuquerque, N.M., to 40 months in prison for his conviction on methamphetamine trafficking and firearms charges. Merino-Guerrero is a Mexican national who was residing in Santa Fe, N.M., when he was arrested in this case. He will be deported after completing his prison sentence.
The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, and Chief Patrick Gallagher of the Santa Fe Police Department.
Merino-Guerrero was arrested on June 10, 2015, on a criminal complaint charging him with a methamphetamine trafficking offense. According to the criminal complaint, when the Santa Fe Police Department (SFPD) executed a search warrant on Merino-Guerrero’s vehicle on April 30, 2015, they found 226.5 grams of methamphetamine. Merino-Guerrero subsequently was indicted on June 24, 2015, and charged with possession of methamphetamine with intent to distribute and being an alien unlawfully in possession of a firearm.
On Sept. 30, 2015, Merino-Guerrero pled guilty to the indictment and admitted possessing methamphetamine on April 30, 2015, which he intended to distribute to others. Merino-Guerrero also admitted possessing a firearm even though he was in the United States in a non-immigrant status and was not permitted to possess firearms.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Santa Fe Police Department. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Adam Martinez, 42, of Albuquerque, N.M., pled guilty today in federal court to heroin, methamphetamine and cocaine trafficking charges. He also pled guilty to possessing two firearms in furtherance of his drug trafficking crimes. The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division.
Martinez was arrested in Aug. 2016, on a criminal complaint charging him with committing drug trafficking and firearms offenses in Bernalillo County, N.M. According to the complaint, Martinez was arrested on Aug. 24, 2016, after the DEA executed a search warrant at his Albuquerque residence and seized distribution quantities of heroin, methamphetamine, cocaine, other controlled substances and two firearms. At the time, Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking offense.
On Sept. 13, 2016, Martinez was charged in an eight-count indictment with distribution of methamphetamine on Aug. 5, 2016, and possessing distribution quantities of heroin, methamphetamine, cocaine, and other controlled substances on Aug. 24, 2016. The indictment also charged Martinez with possession of firearms in furtherance of his drug trafficking activities and being a felon in possession of firearms on Aug. 24, 2016. According to the indictment, Martinez committed the crimes in Bernalillo County.
During today’s proceedings, Martinez pled guilty to five counts of the indictment. Martinez admitted distributing methamphetamine on Aug. 5, 2016, and possessing heroin, methamphetamine and cocaine with intent to distribute on Aug. 24, 2016. He also admitted possessing firearms in furtherance of his drug trafficking crimes on Aug. 24, 2016.
In entering the guilty plea, Martinez admitted distributing drugs in Albuquerque from Jan. 2016 to Aug. 2016, and that his drug trafficking activities included selling approximately 27.8 grams of cocaine to a person working with law enforcement on Jan. 12, 2016. He also admitted selling drugs to an undercover officer on the following dates: approximately 27.4 grams of cocaine on Jan. 27, 2016; approximately 56.7 grams of methamphetamine on Feb. 5, 2016; and approximately 56.7 grams of methamphetamine on Aug. 5, 2016.
Martinez further admitted that on Aug. 24, 2016, law enforcement officers executed a search warrant on his residence and seized approximately 318 grams of heroin, 149.7 grams of 100% pure methamphetamine, 128 grams of cocaine, 250 tablets (27.59 grams) containing fentanyl, and 43 grams of marijuana. The officers also seized two firearms which were in close proximity to the drugs, and Martinez admitted possessing the firearms for purposes of protecting himself, his drugs, and his drug proceeds.
At sentencing, Martinez faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison on the drug trafficking charges. He also faces a mandatory minimum penalty of five years and a maximum of life in prison on the firearms charge that must be served consecutive to the prison sentence imposed on the drug trafficking charges. Martinez 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 Timothy S. Vasquez 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.
Las Cruces Woman Pleads Guilty to Stealing from and Defrauding Department of Veterans AffairsRead the Press Release
ALBUQUERQUE – Donah E. Davison, 54, of Las Cruces, N.M., pled guilty today in federal court to theft of government property and forgery charges arising out of a scheme to defraud the Department of Veterans Affairs (VA).
Davison was charged on Nov. 9, 2016, in a 36-count indictment. The first 27 counts of the indictment charged Davison with embezzling money belonging to the VA by depositing 27 “surviving-spouse” benefit checks to which she was not entitled into her own bank account. Davison was charged with committing these crimes in Dona Ana County, N.M., between Dec. 2011 and March 2014. The remaining nine counts of the indictment charged Davison with forging the intended payee’s name on checks nine times between April 2012 and Jan. 2014.
During today’s proceedings, Davison pled guilty to the 36-count indictment. In the plea agreement, Davison acknowledged that her mother began receiving “surviving-spouse” benefit checks from the VA in 1970 that were payable to her only. Davison admitted that when her mother died in 1997, she failed to inform the VA of her mother’s death and continued to collect and deposit the checks into her own bank account after signing her mother’s signature on the back of the checks. Davison further admitted that the VA’s records reflect that since 2003, she stole $147,557.69 from the VA. According to court records, the VA did not maintain records prior to 2003.
Under the terms of the plea agreement, Davison will be sentenced to four months in prison followed by four months of home confinement. Davison also will be required to serve a period of supervised release to be determined by the court. Davison will also be required to pay $147,557.69 in restitution to the VA. A sentencing hearing has yet to be scheduled.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division, and the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office.
Dona Ana County Man Sentenced to Ten Years for Federal Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Guillermo Ortega, 44, of Las Cruces, N.M., was sentenced today in federal court to 120 months in federal prison followed by four years of supervised release for his conviction on drug trafficking and firearms charges.
Guillermo Ortega and co-defendants Salvador Ortega, 36, and Steven Roman, 29, both of Las Cruces, were charged with methamphetamine trafficking offenses in a four-count indictment filed on June 18, 2014. The indictment charged Salvador Ortega and Guillermo Ortega with distributing methamphetamine on April 2, 2014; Guillermo Ortega and Roman with distributing methamphetamine on April 2, 2014; and Guillermo Ortega with distributing methamphetamine on April 2, 2014. It also charged Guillermo Ortega with being a felon in possession of a firearm and ammunition on April 14, 2014. According to the indictment, the three men committed these crimes in Doña Ana County, N.M.
- Ortega pled guilty on Sept. 3, 2015, and admitted that on April 2, 2014, he and his co-defendants distributed 95 grams of methamphetamine to a person working with law enforcement. further admitted that on April 14, 2014, he was prohibited from being in possession of firearms or ammunition because of his status as a convicted felon.
On Jan. 21, 2016, Salvador Ortega entered a guilty plea to Count 1 of the indictment without the benefit of a plea agreement. Salvador Ortega was sentenced on Dec. 1, 2016, to 24 months in prison followed by three years of supervised release.
Roman pled guilty to Count 2 of the indictment on Sept. 23, 2015, and admitted distributing 57 grams of methamphetamine to a person working with law enforcement on April 2, 2014. Roman admitted that, after being contacted by an individual who wanted to purchase methamphetamine, he contacted Guillermo Ortega and arranged the deal. Roman was sentenced on May 9, 2016, to 77 months in prison followed by four years of supervised release.
This case was investigated by the Las Cruces office of the FBI. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Artesia Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Londie Tarango, 23, of Artesia, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60 months in prison for his methamphetamine trafficking conviction. Tarango will be on supervised release for three years after completing his prison sentence.
Tarango was arrested on Oct. 6, 2015, on an indictment charging him with distributing methamphetamine on Aug. 1, 2014, in Eddy County, N.M. The indictment included forfeiture allegations seeking forfeiture of $2,400 in proceeds of the drug trafficking activity charged to the United States. On May 5, 2016, Tarango pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force. Assistant U.S. Attorney Brock Taylor 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.
Mexican Nationals Facing Federal Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – Earlier today, a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Jose de Jesus Abundis-Gonzales, 36, and Norberto Perez-Zepeda, 33, both Mexican nationals illegally residing in the United States, with heroin trafficking charges. The Magistrate Judge also entered orders requiring that the two men remain in custody pending trial.
Abundis-Gonzales and Perez-Zepeda were arrested on Feb. 7, 2017, after DEA executed search warrants at the Albuquerque residences of Abundis-Gonzales and Perez-Zepeda and seized a total of 239 grams of heroin, more than $12,000 in cash, and drug paraphernalia. According to the criminal complaint, the heroin allegedly was packaged in small balloons, ready for retail distribution.
If convicted of the charge in the criminal complaint, Abundis-Gonzales and Perez-Zepeda each face a statutory minimum penalty of five years and maximum of 40 years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and Homeland Security Investigations. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque-Area Construction Contractor Pleads Guilty to Federal Tax Evasion and Fraud ChargesRead the Press Release
ALBUQUERQUE – Joseph Dubois, 37, of Albuquerque, N.M., pled guilty last week in federal court to evading federal taxes evasion and fraudulently presenting a fictitious surety bond. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Ismael Nevarez Jr. of the Phoenix Field Office of IRS Criminal Investigation, and Special Agent in Charge David A. House of the Department of the Interior, Office of Inspector General.
Dubois, the owner and operator of Regency Development Group (RDG), a construction contractor located in Albuquerque, was charged by felony information with tax evasion and presenting a fictitious surety bond. According to the information, Dubois evaded his federal corporate tax obligations from Nov. 2011 to Oct. 2013, by opening and concealing a new bank account to circumvent tax liens, removing and dissipating assets to avoid their seizure, and by underreporting income and gross receipts. The information also alleged that Dubois created a materially false document, a surety bond, and fraudulently presented it as an actual security and financial instrument under the authority of a surety company.
On Feb. 8, 2017, Dubois pled guilty to the two charges in the information. In entering the guilty plea, Dubois admitted that as owner and operator of RDG, he evaded payment of $237,251 in federal employment taxes for tax years 2010 through 2012. Specifically, Dubois admitted that from Nov. 2011 through Oct. 2013, he opened a bank account which he used to divert funds in an attempt to circumvent liens and levies, and to evade payment of his tax liabilities. Dubois also acknowledged underreporting income and gross receipts to the IRS.
According to Dubois’s plea agreement, in Dec. 2011, RDG entered into contracts with the Ramah Navajo School Board to renovate a building at the Pine Hill School. The contracts required RDG to obtain and provide a surety bond. On Feb. 10, 2012, Dubois produced a materially false and fictitious surety bond which appeared to be an actual security under the authority of the Western Surety Company.
At sentencing, Dubois faces a statutory maximum penalty of 25 years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and Department of the Interior, Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Jeremy Pena.
Albuquerque Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jorge Chacon, 33, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully using and carrying a firearm in furtherance of a drug trafficking crime.
Chacon was arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Chacon was charged in a seven-count indictment filed on June 30, 2016. The indictment charged Chacon with distributing methamphetamine, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm on May 16, 2016; being a felon in possession of a firearm on May 19, 2016; being a felon in possession of a firearm and possession of firearms with obliterated serial numbers on May 26, 2016. According to the indictment, Chacon committed the offenses in Bernalillo County. Chacon was prohibited from possessing firearms or ammunition because of his prior felony convictions for burglary, aggravated battery and aggravated battery with a deadly weapon.
During today’s proceedings, Chacon pled guilty to Count 2 of the indictment charging him with carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Chacon admitted that on May 16, 2016, he carried a firearm in furtherance of the sale of methamphetamine. At sentencing, Chacon faces a statutory mandatory minimum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 27 of the 104 defendants have entered guilty pleas and two have been sentenced. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Norman Cairns is prosecuting the case.
Albuquerque Man Pleads Guilty to Aiding and Abetting Armed Bank RobberyRead the Press Release
ALBUQUERQUE – Christopher Gallegos, 33, of Albuquerque, N.M., pled guilty this morning in federal court to aiding and abetting the armed robbery of an Albuquerque-area bank.
Christopher Gallegos was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Greg Miera, 51, Martin Huerta, 43, Christian Herrera, 20, and Isaiah Gallegos, 20, all of Albuquerque, with bank robbery. According to the complaint, a source identified the co-defendants as the individuals involved in robbing the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. The complaint alleged that Albuquerque Police Department (APD) officers conducted surveillance as a vehicle with four men pulled up to the US Bank on the afternoon of March 30, 2016. The complaint alleged that three of the men remained in the vehicle while the fourth entered the bank, threatened to shoot the bank employees, and demanded that two bank tellers place cash into a plastic bag.
Miera, Huerta, Herrera, Isaiah Gallegos and Christopher Gallegos were subsequently indicted on an armed bank robbery charge on April 27, 2016.
During today’s proceedings, Christopher Gallegos entered a guilty plea to the indictment. In entering the guilty plea, Christopher Gallegos admitted aiding and abetting the armed robbery of the U.S. Bank branch on March 30, 2016, by conducting surveillance of various potential banks in the two days leading up to the robbery.
Co-defendant Huerta previously entered a guilty plea to the indictment on Sept. 9, 2016, and Miera entered a guilty plea on Oct. 11, 2016.
At sentencing, Christopher Gallegos, Miera and Huerta each face a statutory maximum penalty of 25 years in federal prison. The co-defendants remain in custody pending sentencing hearings.
The two remaining co-defendants have entered pleas of not guilty to the indictment. Charges in complaints and indictments are merely accusations and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Letitia Simms is prosecuting the case.
More Than a Pound of PCP Seized During Federal Drug Interdiction InvestigationRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Taylor Overton Foster, 28, of White Plains, N.Y., with a phencyclidine (PCP) trafficking offense. Foster was released pending trial to a halfway house and will be under pretrial supervision and other conditions of release.
Foster was arrested on Feb. 8, 2017, and was charged in a criminal complaint after the DEA and New Mexico State Police (NMSP) seized approximately 508.9 grams (1.12 pounds) of PCP from him during an interdiction investigation at the Amtrak Train Station in Albuquerque.
If convicted, Foster faces a statutory minimum penalty of ten years and a maximum of life in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA and the NMSP. Assistant U.S. Attorney Eva Fontanez is prosecuting the case.
Navajo Man from Fruitland Sentenced for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – George Begay, 47, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced today in federal court in Albuquerque, N.M., to a year and a day in prison for his conviction on a methamphetamine trafficking charge. Begay will be on supervised release for three years after completing his prison sentence.
Begay was arrested on May 11, 2016, on an indictment charging him with distributing methamphetamine on April 29, 2014, in San Juan County, N.M. On Sept. 28, 2016, Begay pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the HIDTA Region II Narcotics Task Force. Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the case.
The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department, Aztec Police Department and HSI Albuquerque, and is part of 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.
Isleta Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Felipe Lucero, 25, an enrolled member of the Isleta Pueblo who resides in Los Lunas, N.M., was sentenced today in federal court in Albuquerque, N.M., to 33 months in prison followed by three years of supervised release for his conviction on an assault charge.
Lucero was arrested on May 12, 2016, on an indictment charging him with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury. According to the indictment, Lucero committed the crimes on Dec. 27, 2015, on the Isleta Pueblo in Valencia County, N.M.
On Nov. 14, 2016, Lucero pled guilty to assault with a dangerous weapon and admitted that on Dec. 27, 2015, he injured the victim by intentionally driving a motor vehicle towards the victim and hitting him with an open car door.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Isleta Tribal Police Department. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
Federal Grand Jury Indicts Five in Connection with International Scheme to Fraudulently Import and Sell Filipino-Made Jewelry as Native American-MadeRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., returned an indictment on Tuesday charging five individuals with violating the Indian Arts and Crafts Act (IACA) by conspiring to import and fraudulently sell Filipino-made jewelry as Native American-made. This is the second indictment filed as the result of a continuing federal investigation that began in Jan. 2015 and is led by the U.S. Fish and Wildlife Service, with the assistance of the FBI and Homeland Security Investigations (HSI). The investigation targeted an international scheme to violate the IACA and has included the execution of eight search and seizure warrants and investigative activity in New Mexico, California, Alaska, Kentucky, Nevada and the Philippines.
The new indictment, which was publicly posted on the federal court’s website yesterday evening, was announced by U.S. Attorney Damon P. Martinez, Nicholas E. Chavez, Special Agent in Charge for the U.S. Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region, Terry Wade, Special Agent in Charge of the Albuquerque Division of the FBI, and Waldemar Rodriguez, Special Agent in Charge of HSI in El Paso, Tex.
“The indictments filed as a result of this continuing investigation are not only about enforcing the law, but also about protecting and preserving the cultural heritage of Native Americans,” said U.S. Attorney Damon P. Martinez. “The cultural heritage of American Indians is a precious national resource and it is critically important that we provide the proper respect to those whose creations are seen by some as simple retail commodities to be exploited for profit. 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.”
“The indictment we announce today is the result of the largest investigation ever into fraudulent Native American jewelry sales under the IACA,” said U.S. Fish and Wildlife Service Special Agent in Charge Nicholas E. Chavez. “We hope the charges filed as a result of this continuing investigation will deter this criminal activity, and we thank the law enforcement agencies that supported us and partnered with us during this investigation. Through these investigations, the U.S. Fish and Wildlife Service endeavors to protect and preserve the authenticity of jewelry produced by our country’s Native American artisans as it fulfills the commitment of the Secretary of the Department of the Interior to enforce this important law.”
FBI Special Agent in Charge Terry Wade said, “The FBI is proud to have worked with the U.S. Fish and Wildlife Service and the other agencies involved in this important investigation. Protecting the rich cultural heritage of Native Americans and other groups in this country is not just a law enforcement responsibility, it is the right thing to do.”
“HSI’s role in this investigation is another example of our commitment to protecting the intellectual property and cultural patrimony of Native Americans,” said HSI Special Agent in Charge Waldemar Rodriguez. “We will continue to support and assist our federal, tribal and local partners through the use of our cross border authority.”
The three-count indictment charges the following four defendants with conspiring to violate the IACA and the federal fraudulent importation, money laundering, wire fraud and mail fraud laws:
Imad Aysheh, 41, formerly of Gallup, N.M., who is identified as the owner and operator of Imad’s Jewelry, a jewelry manufacturing business in the Philippines;
Iyad Aysheh, 45, of Lodi, Calif., who is identified as the CEO and agent for IJ Wholesale, Inc., a California corporation that imports jewelry into the United States;
Nedal Aysheh, 37, formerly of Gallup, N.M., and
Raed Aysheh, 39, of American Canyon, Calif., who is identified as the owner and operator of Golden Bear & Legacy, LLC, a retail store in Calistoga, Calif., that specializes in Native American-style jewelry.
According to the indictment, from March 2014 through Oct. 2015, these four defendants conspired, to violate the IACA by displaying and offering for sale jewelry that was manufactured in the Philippines in a manner that suggested that it was Indian produced and the product of American Indian tribes. The indictment also alleges that these four defendants conspired to defraud the United States and its people of money by using the U.S. mail and wire communications to promote the importation and sale of the Filipino-made jewelry as Indian-made, and to launder the proceeds of those unlawful sales.
The indictment alleges that Imad Aysheh manufactured Indian-style jewelry using Filipino labor for import into the United States, and that Nedal Aysheh provided source material and trained the Filipino laborers who manufactured the jewelry. It further alleges that Iyad Aysheh imported the Filipino-made jewelry into the United States; Iyad Aysheh and Raed Aysheh accepted shipments of the Filipino-made jewelry in the United States; and that Iyad Aysheh, Nedal Aysheh and Raed Aysheh distributed the Filipino-made jewelry through jewelry stores purportedly specializing in the sale of Indian-made jewelry.
The indictment identifies 40 specific acts allegedly taken by the defendants in furtherance of the conspiracy, including several sales of the Filipino-made jewelry to individuals who were told that they were purchasing Indian-made jewelry in jewelry stores in Albuquerque and Santa Fe, N.M. It also identifies more than 50 financial transactions allegedly conducted by the defendants between April 2014 and Oct. 2015, involving more than $300,000, in amounts ranging from $1,100 to $60,000, in furtherance of the conspiracy.
Iyad Aysheh separately is charged with violating the IACA in Santa Fe County in the summer of 2015, by selling jewelry valued at more than $1,000 that was represented as Indian-made while knowing that the jewelry was not an Indian product.
A fifth defendant, Nael Ali, 53, of Albuquerque, who is identified as the owner and operator of Gallery 8 and Galleria Azul, two arts and crafts retail stores in Albuquerque’s Old Town, also is charged with violating the IACA in Bernalillo County in Oct. 2015. Ali is not charged in the conspiracy count.
The indictment includes forfeiture provisions which seek to forfeit to the United States any proceeds used in or traceable to the defendants’ alleged criminal activities. The indictment also seeks forfeiture of $20,109 in cash, $6,723.04 in a bank account, and more than 1,000 pieces of Indian-style jewelry seized pursuant to search and seizure warrants during the investigation.
The five defendants will be served with summonses requiring them to appear in federal court in Albuquerque to be arraigned on the indictment. If convicted of the charges against them, the defendants each face a statutory maximum penalty of five years in prison and a $250,000.00 fine. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
Nael Ali previously was charged in the first indictment filed as a result of this continuing investigation. That first indictment, filed in Oct. 2015, charged Ali and Mohammad Abed Manasra, also of Albuquerque, with conspiracy to violate the IACA and three substantive violations of the Act. Ali and Manasra have entered not guilty pleas to the charges against them and are presumed innocent unless convicted. Both are awaiting trial, which is scheduled for April 24, 2017.
The case was investigated by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service with assistance from the FBI and HSI. U.S. Marshals Service, DEA and New Mexico Department of Game and Fish assisted with investigation in New Mexico. 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.
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.
Aysheh IndictmentChaves County Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jose Villa, 35, of Lake Arthur, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on methamphetamine trafficking charges. Villa will be on supervised release for four years after completing his prison sentence.
Villa and his co-defendant Charles Edward Gist, 57, of Artesia, N.M., were arrested in Sept. 2015, on an indictment charging them with conspiracy to distribute methamphetamine from Nov. 17, 2014 through Nov. 20, 2014, and distribution of methamphetamine on Nov. 20, 2014. Villa was also charged with distribution of methamphetamine on Dec. 10, 2014. According to the indictment, the defendants committed the crimes in Eddy County, N.M.
On April 13, 2016, Villa pled guilty to a felony information charging him with conspiracy and two counts of distribution of methamphetamine. In entering the guilty plea, Villa admitted to conspiring with Gist and others to distribute methamphetamine in Nov. 2014. Villa admitted supplying approximately 56 grams of methamphetamine that was distributed to an undercover law enforcement officer on Nov. 20, 2014. He also admitted distributing 51 grams of methamphetamine to an undercover law enforcement officer on Dec. 10, 2014.
Gist pled guilty on April 1, 2016, to a felony information charging him with conspiracy and distribution of methamphetamine. In entering the guilty plea, admitted that he conspired with Villa and others to distribute methamphetamine from Nov. 17, 2014 through Nov. 20, 2014. further admitted that on Nov. 20, 2014, he agreed to sell 56 grams of methamphetamine to an undercover law enforcement officer. was sentenced on Aug. 24, 2016, to 21 months in prison followed by two years of supervised release.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Office Las Cruces Branch Office prosecuted the case.
Roswell Felon Sentenced to Five Years in Prison for Unlawfully Possessing Firearm and Violating Supervised Release ConditionsRead the Press Release
ALBUQUERQUE – Enrique Chavarria, 33, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 40 months in prison for violating the federal firearms laws by unlawfully possessing a firearm and ammunition. He also was sentenced to an additional 20 months in prison for violating the terms of his supervised release on a prior conviction, for a total sentence of 60 months of imprisonment. Chavarria will be on supervised release for three years after completing his prison sentence.
Chavarria was arrested on July 21, 2016, in Chaves County, N.M., by the U.S. Marshals Service, and was charged by criminal complaint with being a felon in possession of a firearm and ammunition. At the time, was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of methamphetamine and cocaine with intent to distribute.
On Sept. 16, 2016, Chavarria pled guilty to a felony information charging him with being a felon in possession of a firearm. Chavarria entered his guilty plea without the benefit of a plea agreement.
This case was investigated by the Las Cruces offices of the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
MEDIA ADVISORY-- U.S. Attorney and District Attorneys to Discuss Collaborative Efforts to Address New Mexico’s Violent Crime EpidemicRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, 1st Judicial District Attorney Marco P. Serna, 2nd Judicial District Attorney Raul Torrez, 3rd Judicial District Attorney Mark D’Antonio, 5th Judicial District Attorney Dianna Luce, and 11th Judicial District Attorney Robert P. “Rick” Tedrow will hold a press conference at 10:00 A.M. on THURSDAY, FEBRUARY 9, 2017, to discuss their collaborative efforts to address New Mexico’s violent crime epidemic.
WHO:
U.S. Attorney Damon P. Martinez
1st Judicial District Attorney Marco P. Serna
2nd Judicial District Attorney Raul Torrez
3rd Judicial District Attorney Mark D’Antonio
5th Judicial District Attorney Dianna Luce
11th Judicial District Attorney Robert P. “Rick” Tedrow
WHEN:
THURSDAY, FEBRUARY 9, 2017
10:00 a.m. MDT
WHERE:
U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials (which must be worn around the neck or pinned to clothing at all times). Media may begin to arrive at 9:45 a.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected]. Media outlets outside the Albuquerque-metropolitan area that wish to participate by telephone conference line should contact Ms. Ferda by 9:00 a.m. MDT on February 9, 2017.
New Mexico Law Enforcement Officers Participate in Justice Department’s Officer Safety TrainingRead the Press Release
ALBUQUERQUE – More than a hundred and twenty-five officers from federal, state, county, local and tribal law enforcement agencies from across the state are participating in the Department of Justice’s VALOR Training this week. The VALOR Training program, which is provided by the Justice Department’s Bureau of Justice Assistance (BJA), is designed for frontline law enforcement to promote officer safety and to help prevent the injuries and deaths of law enforcement officers and the people they serve.
The three-day VALOR Training is being hosted by U.S. Attorney Damon P. Martinez and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department, from Feb. 7 to 9, 2017, in Albuquerque, N.M. During the training, participants will learn the importance of observing and listening to individuals, which may help them locate hidden weapons, identifying indicators of a potential assault, or defusing dangerous situations, enhancing their resiliency, and implementing casualty and care tactics.
BJA launched the VALOR Initiative in 2010 in response to the startling increase in felonious assaults that have taken the lives of many law enforcement officers. Since then, the VALOR Initiative has evolved to provide all levels of law enforcement with tools to enhance their safety, wellness, resilience and survivability.
“Our law enforcement officers put their lives on the line every day as they safeguard our communities and us,” said U.S. Attorney Damon P. Martinez. “BJA’s VALOR Training is part of the Justice Department’s commitment to supporting our officers and providing them with the best training available to protect themselves and each other when they are on the job.”
“Having participated in this training myself, I am very grateful that the Department of Justice is bringing this training back to New Mexico,” said Chief Gorden E. Eden, Jr., of the Albuquerque Police Department.
VALOR is a comprehensive effort that includes classroom and Web-based training, research, and resources for sworn state, local, and tribal law enforcement officers. VALOR training provides critical nationwide, no-cost officer safety training to all levels of law enforcement. Both on-site and online training modules are developed using the latest expertise, analysis, tactics, techniques, and response methods to address alarming trends. Since the inception of the initiative, more than 21,000 law enforcement personnel across the country have received VALOR Training.
Member of Taos County-Based Heroin Trafficking and Money Laundering Ring Enters Guilty PleaRead the Press Release
ALBUQUERQUE – Nicholas Baca, 31, a members of a Taos County-based heroin and money-laundering ring has entered a guilty plea in federal court in Albuquerque, N.M., to a heroin trafficking charge. Under the terms of his plea agreement, Baca faces up to 33 months in federal prison followed by a term of supervised release to be determined by the court. Baca is one of nine defendants charged with heroin trafficking and money laundering offenses as the result of a 15-month DEA-led multi-agency investigation into a heroin trafficking organization led by Ivan Romero, 40. To date, seven of the nine defendants have entered guilty pleas.
Baca and seven co-defendants initially were charged with heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add Elena Carabajal, 26, as a ninth defendant and five additional charges. The superseding indictment charged Baca, Ivan Romero and seven other defendants with conspiring to distribute heroin from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, 29, Melissa Romero, 37, and Wilma Romero, 66, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against specific defendants including Baca, as well as provisions seeking forfeiture to the United States of any and all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
During today’s proceedings, Baca pled guilty to a felony information charging him with conspiracy to distribute heroin. In entering the guilty plea, Baca admitted that in early 2015 he began obtaining approximately 6 grams of heroin from Ivan Romero on a daily basis to sell to others in and around Questa, N.M. Baca admitted that Ivan Romero allowed him to keep approximately 2.5 grams of heroin daily for Baca’s personal use. Baca distributed between 100 grams and 400 grams of heroin during the period in which he participated in the conspiracy. According to the plea agreement, law enforcement seized approximately 6.2 grams of heroin from Baca on April 2, 2015, in Taos, N.M.
Six of Baca’s co-defendants previously entered guilty pleas in the case. On Dec. 5, 2016, Ivan Romero pled guilty to Counts 1 and 2 of the superseding indictment, charging him with participating in a heroin trafficking conspiracy and a money laundering conspiracy. Ricco Romero also pled guilty on Dec. 5, 2016, to participating in the heroin trafficking conspiracy and the money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities. Melissa Romero entered a guilty plea on Dec. 8, 2016, to Count 2 of the superseding indictment, charging her with participating in the money laundering conspiracy. Tyler Baker, 45, of Taos County, N.M., entered a guilty plea in October 2016 to participating in the heroin trafficking conspiracy. Elena Carabajal entered a guilty plea on Jan. 4, 2017, to possession of heroin with intent to distribute. Wilma Romero entered a guilty plea on Jan. 5, 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute.
According to the admissions contained in the plea agreements of the defendants who have entered guilty pleas as well as other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and his brother Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Baca was one such dealer who distributed heroin in and around Questa in early 2015.
According to court documents, on April 2, 2015, law enforcement officers observed Baca drive to Ivan Romero’s home where he picked up his daily allotment of heroin. Instead of returning directly to Questa, Baca drove toward Taos and stopped in a parking lot north of Taos where a law enforcement officer approached Baca, questioned him and seized packages containing approximately 6.2 grams of heroin.
Later that same day, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero subsequently assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288 and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence as well as at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
If the plea agreements are accepted by the court: Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months; Ricco Romero will be sentenced to a 120-month prison term; Carabajal will be sentenced to not more than 30 months in prison; Wilma Romero will be sentenced to not more than 24 months in prison; and Melissa Romero will be sentenced to a term of probation. Pursuant to their plea agreements, the defendants have agreed to forfeit $431,870 in heroin proceeds and firearms to the United States.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Jicarilla Apache Man Pleads Guilty to Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Rode Lyle Enjady, 38, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Enjady will be sentenced to 36 months in prison followed by a term of supervised release to be determined by the court.
Enjady was arrested in Oct. 2016, on an indictment charging him with assault with a dangerous weapon, a knife, with intent to do bodily harm, assault with a dangerous weapon, a metal weight, with intent to do bodily harm, assault resulting in serious bodily injury, and assault of an intimate partner by strangling or suffocating. According to the indictment, Enjady committed the crimes between Feb. 11, 2016 and Feb. 17, 2016, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
During today’s proceedings, Enjady pled guilty to Count 3 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Enjady admitted that between Feb. 11, 2016 and Feb. 17, 2016, he physically abused his intimate partner, a Jicarilla Apache woman, the victim by physically assaulting her. Enjady also admitted that he caused the victim to lose a tooth, suffer from bruising to the face, head, abdomen, back, pubic region, and legs as well as suffer from stab wounds to her legs. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former Supervisor at the Laguna Pueblo Superette Pleads Guilty to Federal Embezzlement ChargeRead the Press Release
ALBUQUERQUE – The former supervisor at the Laguna Pueblo Superette, pled guilty today in federal court in Albuquerque, N.M., to embezzling funds from the Pueblo of Laguna.
Marshall J. Cheromiah, 32, of Mesita, N.M., was charged in an indictment filed on Nov. 5, 2015, with embezzling approximately $48,953.47 from the Pueblo of Laguna. According to the indictment, Cheromiah was working as an employee or agent of an Indian Tribal Organization when he committed the crime between July 2013 and Oct. 2014, in Cibola County, N.M.
During today’s proceedings, Cheromiah pled guilty to the indictment and admitted that from July 2013 through Oct. 2014, he was employed as a supervisor at the Laguna Pueblo Superette, which is owned by the Laguna Development Corporation and the Pueblo of Laguna. Cheromiah further admitted that while working at the Laguna Pueblo Superette, he embezzled approximately $48,953.47 of money and funds belonging to the Pueblo of Laguna.
Cheromiah’s plea agreement states that Cheromiah was responsible for supervising the operation of the ATM machine and ordering cash deliveries from the Bank of Albuquerque for stocking the ATM with cash. In the plea agreement, Cheromiah admitted that, when the Bank delivered cash for the ATM, he would skim or siphon approximately $10,000 or $20,000 for himself, which he used for gambling, paying off loans for friends, and a pleasure trip to Las Vegas, Nevada.
At sentencing, Cheromiah faces a maximum penalty of five years in federal prison. Cheromiah will also be required to pay approximately $21,758 in restitution. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Laguna Police Department. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Felon from Farmington Pleads Guilty to Firearms Charge and Misrepresenting Himself as Recipient of Military HonorsRead the Press Release
ALBUQUERQUE – Anthony Lee Gambino, 44, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws and making false representations about having received military medals and decorations.
According to court filings, Gambino was the owner and operator of Gambino Security Safety Corp., a security company based in Aztec, N.M. 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 a discharge from the military, and that there were no records indicating that Gambino was 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.
During today’s proceedings, 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. At sentencing, Gambino faces a maximum penalty of ten years in prison. A sentencing hearing has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the San Juan County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Manuel Boydston, 36, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Boydston and his co-defendant Thomas Montoya, 40, also of Albuquerque, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Boydston and Montoya were charged in a three-count indictment filed on June 30, 2016. The indictment charged Montoya with distribution of methamphetamine on June 6, 2016, and Montoya and Boydston with conspiracy and distribution of methamphetamine on June 14, 2016. According to the indictment, the offenses took place in Bernalillo County.
During today’s proceedings, Boydston pled guilty to Count 3 of the indictment charging him with distributing methamphetamine. In entering the guilty plea, Boydston admitted that on June 14, 2016, he sold approximately 118 grams of methamphetamine to an undercover law enforcement agent.
At sentencing, Boydston faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 26 of the 104 defendants have entered guilty pleas and two have been sentenced. The remaining defendants, including Montoya, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Jacob Wishard is prosecuting the case.
Mexican National Facing Federal Charge Arising Out of Seizure of Ten Pounds of MethamphetamineRead the Press Release
ALBUQUERQUE – Earlier this week, a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a methamphetamine trafficking charge against Juan Carlos Corral-Garcia. Today the Magistrate Judge ordered Corral-Garcia, 28, a Mexican national illegally in the United States, detained pending trial based on findings that he poses a risk of flight and danger to the community.
Corral-Garcia is charged by criminal complaint with possessing methamphetamine with intent to distribute. The criminal complaint alleges that Corral-Garcia committed the crime on Jan. 27, 2017 in Bernalillo County, N.M. According to the complaint, a New Mexico State Police officer allegedly found 10.03 kilograms (22.12 pounds) of methamphetamine in Corral-Garcia’s vehicle during a routine traffic stop. The methamphetamine allegedly was contained in four clear packages each of which contained 20 smaller packages of methamphetamine.
If convicted of the charge against him, Corral-Garcia faces a statutory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by Homeland Security investigations and the New Mexico State Police. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
Former Albuquerque Post Office Employee Sentenced for Conviction on Theft of Government Funds ChargeRead the Press Release
ALBUQUERQUE – Janie M. Byrd, 53, of Albuquerque, N.M., pled guilty today in federal court to a misdemeanor theft of government funds charge. After entering her guilty plea, Byrd was sentenced to one year of probation and ordered to pay $949.13 in restitution and a $200 fine.
Byrd was charged in a misdemeanor information filed on Sept. 28, 2016, with theft of government funds in an amount less than $1,000. According to the information, Byrd committed the crime between May 2016 and July 2016, in Bernalillo County, N.M.
During today’s proceedings, Byrd entered a guilty plea to the information. In entering the guilty plea, Byrd admitted that between May 10, 2016 and July 28, 2016, she stole money from the United States by keeping for herself money belonging to the U.S. Postal Service for sales of Postal Service stamps. Byrd admitted that she sold the books of stamps but did not record the payments or submit the payment to the U.S. Postal Service.
This case was investigated by the U.S. Postal Service, Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Edward Han.
Roswell Woman Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Susana Ceballos, 36, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by three years of supervised release for her conviction on methamphetamine trafficking charges.
Ceballos is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 35, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Ceballos and 15 other federal defendants were charged in a 24-count indictment filed on Sept. 22, 2015. Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.
On Feb. 24, 2016, Ceballos pled guilty to participating in a methamphetamine trafficking conspiracy and to using a communication device to facilitate a drug trafficking crime. In entering the guilty plea, Ceballos admitted conspiring with her co-defendants to distribute methamphetamine in Chaves County from June 2015 through July 31, 2015. Ceballos further admitted that on July 17, 2015, July 19, 2015, and twice on July 24, 2015, she used a telephone to further the drug trafficking conspiracy. Ceballos further admitted that she was responsible for trafficking approximately 907.18 grams of methamphetamine.
To date, 12 of Ceballos’ co-defendants have entered guilty pleas and are awaiting sentencing. Three co-defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases.
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.
Prior Felon from McKinley County Sentenced to Seven Years for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steve Coleman, 56, of Thoreau, N.M., was sentenced today in federal court in Albuquerque, N.M., to 84 months in prison followed by three years of supervised release for violating the federal firearms laws.
Coleman was arrested on Feb. 4, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on Jan. 21, 2016, in McKinley County, N.M.
Coleman was subsequently indicted on Feb. 24, 2016, and charged with being a felon in possession of a firearm and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR). Coleman was prohibited from possessing firearms or ammunition because of his previous felony convictions which include, unlawful sale of migratory birds, dangerous use of explosives and bribery/retaliation of a witness.
On Nov. 3, 2016, Coleman pled guilty to being a felon in possession of firearms and admitted that on Jan. 21, 2016, he was in possession of two pistols, which he was not allowed to possess because of his prior felony convictions. Coleman further admitted that he discharged one firearm at his neighbor’s dogs.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the McKinley County Sheriff’s Department. Assistant U.S. Attorney Edward Han prosecuted the case.
Albuquerque Felon Sentenced to Federal Prison for Violating Firearms LawsRead the Press Release
ALBUQUERQUE – Adrian Banks, 28, of Albuquerque, N.M., was sentenced today in federal court to 64 months in prison for unlawfully possessing a firearm. Banks will be on supervised release for three years after completing his prison sentence.
Banks and his codefendants Marcus Sowell, 20, Damon Giles, 23, Michael Borrego, 25, and Marcus Lewis, 27, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Banks and his codefendants were charged in a 12-count indictment filed on June 30, 2016. The indictment charged the following:
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Sowell with possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) and engaging in the business of dealing firearms without a license on May 19, 2016;
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Giles with being a felon in possession of a firearm on May 19, 2016;
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Giles and Borrego with engaging in the business of dealing firearms without a license on May 31, 2016;
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Giles and Banks with engaging in the business of dealing firearms without a license on June 7, 2016;
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Banks with being a felon in possession of firearms on June 7, 2016;
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Borrego with engaging in the business of dealing firearms without a license on June 7, 2016 and June 10, 2016;
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Giles and Lewis with distribution of cocaine on June 9, 2016;
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Borrego with possession of a firearm not registered to him in the NFRTR on June 10, 2016;
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Giles with engaging in the business of dealing firearms without a license and being a felon in possession of firearms on June 13, 2016.
According to the indictment, the offenses were committed in Bernalillo County, N.M.\
On Nov. 4, 2016, Banks pled guilty to being a felon in possession of a firearm and admitted that on June 7, 2016, he was in possession of three firearms despite his status as a convicted felon. Banks was prohibited from possessing firearms or ammunition because of his felony convictions for kidnapping in the second degree and aggravated assault with a deadly weapon.
To date, 25 of the 104 defendants including Sowell, Giles, Borrego and Lewis have entered guilty pleas and two have been sentenced. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of ATF. Assistant U.S. Attorney James D. Tierney is prosecuting the case.
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Mescalero Apache Man Sentenced to Prison for Escaping from Half-Way House and Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Tyree Brent Mariano, 26, an enrolled member of the Mescalero Apache Nation residing in Albuquerque, N.M., was sentenced today in federal court to 21 months in prison followed by three years of supervised release for escaping from a half-way house and violating the Sex Offender Registration and Notification Act (SORNA). Mariano will also be required to register as a sex offender when he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Mariano was arrested on May 21, 2016, on an indictment charging him with violating SORNA by failing to update his sex offender registration and escaping from a half-way house where he was confined following his conviction on a child sexual abuse charge. According to the indictment Mariano failed to update his registration between July 8, 2015 and March 8, 2016, in Bernalillo County, N.M.
On Aug. 3, 2016, Mariano pled guilty to the indictment. In entering the guilty plea, Mariano admitted that he was a sex offender as a result of his child sexual abuse conviction on April 19, 2012. On June 11, 2015, Mariano registered as a sex offender with the Bernalillo County Sheriff’s Office and was residing in a halfway house in Albuquerque as a condition of his supervised release following his release from prison. Mariano admitted that on June 27, 2015, he left the halfway house without permission and did not return. He further admitted that he did not notify the Sheriff’s Office of his change of residence as required under SORNA when he absconded from the halfway house.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Mescalero Apache Man Sentenced for Federal Arson ConvictionRead the Press Release
ALBUQUERQUE – Theodore George Torres, 28, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 36 months in prison followed by three years of supervised release for his conviction on an arson charge. Torres also was ordered to pay restitution in the amount of $86,299.42 to the victim of his criminal conduct.
Torres was arrested on Dec. 15, 2015, on a federal criminal complaint charging with arson, and was indicted on that same charge on April 21, 2016. According to court filings, Torres set fire to the residence of a Mescalero Apache woman. Torres committed the crime on Oct. 30, 2014, on the Mescalero Apache Indian Reservation in Otero County, N.M. Torres previously had been arrested on related tribal charges on Dec. 11, 2014, and remained in tribal custody until his arrest on the federal arson charge.
On July 12, 2016, Torres pled guilty to the indictment, and admitted that on Oct. 30, 2014, he maliciously set fire to a dwelling located in Mescalero Apache Reservation. Torres acknowledged that the fire caused $86,299.42 worth of damage.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought 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.
Another Albuquerque Resident Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Julian Brown, 22, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws under a plea agreement with the U.S. Attorney’s Office.
Brown was arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Brown was arrested on Aug. 10, 2016, on an indictment charging him with distribution of heroin and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR). According to the indictment, Brown committed the offenses on July 11, 2016, in Bernalillo County, N.M.
During today’s proceedings, Brown pled guilty to Count 2 of the indictment charging him with possession of an unregistered firearm. In entering the guilty plea, Brown admitted that on July 11, 2016, he possessed and sold a weapon made from a shotgun not registered to him in the NFRTR. At sentencing, Brown faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 25 of the 104 defendants, have entered guilty pleas and one has been sentenced. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Edward Han is prosecuting the case.
Las Cruces Woman Sentenced to Prison for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Alejandra Gomez, 29, of Las Cruces, N.M., was sentenced today in federal court to 33 months in prison for her conviction on a heroin trafficking charge. Gomez will be on supervised release for three years after completing her prison sentence.
Gomez was arrested in Sept. 2015, on a criminal complaint charging her with distributing heroin in Doña Ana County, N.M. According to the criminal complaint, Gomez sold an aggregate of 241.6 grams of heroin to an undercover law enforcement agent on three occasions in July and Aug. 2015. On Sept. 9, 2015, law enforcement officers executed a federal search warrant on Gomez’s residence where they seized two firearms.
Gomez subsequently was indicted on Dec. 9, 2015, and charged with conspiracy to distribute heroin from July 2, 2015 through Aug. 19, 2015 and distributing heroin on July 2, 2015, July 16, 2015, and Aug. 19, 2015. According to the indictment, Gomez committed the crimes in Doña Ana County.
On July 13, 2016, Gomez pled guilty to a felony information charging her with conspiracy to possess heroin with intent to distribute. In entering the guilty plea, Gomez admitted that she distributed heroin to an undercover DEA agent on the following dates: on July 2, 2015, she distributed 12.9 grams of heroin; on July 16, 2015, she distributed 48.3 grams of heroin; and on Aug. 9, 2015 she distributed 68.5 grams of heroin.
This case was investigated by the Las Cruces office of the DEA. Assistant U.S. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office 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.
Las Cruces Man Sentenced to 12 Years for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE –Luis Cipriano, 43, of Las Cruces, N.M., was sentenced today in federal court to 144 months in prison followed by four years of supervised release for his convictions on cocaine and methamphetamine trafficking charges in two separate cases.
Luis Cipriano and his co-defendants, Christian Cipriano, 23 and Luis Manuel Enriquez-Ramirez, 37, also of Las Cruces, were charged in a two-count indictment, 15-CR-1798, on May 20, 2015, with participating in a methamphetamine trafficking conspiracy and distributing methamphetamine. According to the indictment, the three men conspired to distribute methamphetamine on Aug. 19, 2014, in Doña Ana County, N.M.
In a separate case, Luis Cipriano and co-defendant George Ventura, 47, also of Las Cruces, were charged in a four-count indictment, 15-CR-1799, on May 20, 2015, with participating in a cocaine trafficking conspiracy and distributing cocaine. According to this second indictment, Ventura and Luis Cipriano conspired to distribute cocaine from Aug. 5, 2014 through Nov. 13, 2014 in Doña Ana County. The indictment also charged Luis Cipriano with distributing cocaine on Aug. 5, 2014 and on Oct. 10-11, 2014, and Ventura and Luis Cipriano with distributing cocaine on Sept. 8, 2014.
On Jan. 8, 2016, Luis Cipriano pled guilty to charges in both of the indictments against him. With respect to Indictment 15-CR-1798, Luis Cipriano admitted that on Aug. 19, 2014, he and co-defendant Enriquez-Ramirez negotiated to sell methamphetamine to a person who unbeknownst to Luis Cipriano was working with law enforcement. With respect to Indictment 15-CR-1799, Luis Cipriano admitted that on numerous occasions from Aug. 5, 2014 through Nov. 13, 2014, he conspired with Ventura to distribute cocaine to an undercover agent.
Christian Cipriano also pled guilty to charges in Indictment 15-CR-1798 on Jan. 8, 2016. He admitted that on Aug. 19, 2014, he drove Luis Cipriano to meet with Enriquez-Ramirez to complete a pre-arranged transaction to sell cocaine to a person who unbeknownst to the three co-conspirators was working with law enforcement. Christian Cipriano was sentenced on Aug. 17, 2016, to a year and a day in prison followed by two years of supervised release.
Ventura pled guilty to charges in Indictment 15-CR-1799 on Dec. 15, 2015, and admitted participating in a cocaine distribution conspiracy and to distributing cocaine on Sept. 8, 2014. Ventura was sentenced on March 1, 2016, to 146 days in prison followed by two years of supervised release. Ventura was also ordered to forfeit $7,600.00, which represents the profits he derived from the drug trafficking offenses charged in the indictment.
Enriquez-Ramirez has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the Las Cruces office of the DEA and are being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Three Pounds of Heroin Seized During Federal Drug Interdiction InvestigationRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Juan de Dios Delgado-Garcia, 33, a Mexican national, with a heroin trafficking offense. Delgado-Garcia was ordered to remain in federal custody pending trial.
Delgado-Garcia was arrested on Jan. 26, 2017, and was charged in a criminal complaint after the DEA seized approximately 1.40 kilograms (3.09 pounds) of heroin from him during an interdiction investigation at the Greyhound Bus Station.
If convicted, Delgado-Garcia faces a statutory mandatory minimum of ten years and a maximum of life in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case against Delgado-Garcia was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Letitia C. Simms as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Felon Facing Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Moses Hernandez, 35, of Albuquerque, N.M., with violating federal firearms laws by unlawfully possessing a firearm and ammunition. Hernandez was remanded into federal custody pending trial which has yet to be scheduled.
Hernandez was arrested on Jan. 26, 2017, on a criminal complaint charging him with being a felon in possession of a firearm in Bernalillo County, N.M. According to the complaint, Hernandez was arrested on Jan. 26, 2017, after Hernandez allegedly discharged a firearm in the direction of Albuquerque Police Department (APD) officers. According to the complaint, Moses was prohibited from possessing firearms or ammunition because of his previous felony convictions for aggravated assault with a deadly weapon and two convictions for possession of a controlled substance.
If convicted of the charge in the criminal complaint, Hernandez faces maximum penalty of ten years in federal prison. If the court determines that Hernandez is an armed career criminal, he would face an enhanced penalty of not less than 15 years of imprisonment. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Federal Officials Destroy Drug Paraphernalia Valued at More than $220,000 with Assistance from the City of AlbuquerqueRead the Press Release
ALBUQUERQUE – Federal and City officials gathered this afternoon at the City of Albuquerque’s Cerro Colorado Landfill to witness the destruction of drug paraphernalia valued at more than $220,000. The drug paraphernalia was seized and forfeited in connection with several federal investigations into synthetic cannabinoid trafficking occurring in “smoke shops” in New Mexico and west Texas.
The destruction of the drug paraphernalia was coordinated by U.S. Marshal Conrad E. Candelaria and the U.S. Marshals Service, which serves as the primary custodian of seized and forfeited property for the Department of Justice’s Asset Forfeiture Program. “The federal asset forfeiture laws are used to remove financial incentives from crime by depriving criminals of the cash and other assets they rely upon to facilitate their illegal activity,” said Marshal Candelaria. “The money generated from the sale of forfeited assets is used to compensate victims, supplement funding for law enforcement crime fighting initiatives, and support community programs.”
Marshal Candelaria was joined by U.S. Attorney Damon P. Martinez, whose office prosecuted the criminal cases and litigated the civil forfeiture cases generated by the investigations, and Albuquerque Mayor Richard J. Berry, who made the resources of the City’s Solid Waste Management Department available to destroy and bury the drug paraphernalia. Also participating were DEA Assistant Special Agent in Charge Sean R. Waite and FBI Assistant Special Agent in Charge Derek A. Fuller, whose agencies conducted the investigations resulting in the seizure and forfeiture of the drug paraphernalia.
“When we forfeited the drug paraphernalia destroyed today, we took away the tools of the trade used by drug traffickers to perpetuate crime in our communities and we shut down businesses that served as fronts for drug trafficking,” said U.S. Attorney Martinez. “The asset forfeiture laws enable us to disrupt and dismantle criminal organizations that would continue to function if we only focused our efforts on prosecuting those arrested during our investigations.”
“The City of Albuquerque has a history of working on joint partnerships with our federal partners to create a net of security across our city,” said Mayor Richard J. Berry. “I am proud to, again, collaborate on this latest project to deter and stop illegal activity happening in our community.”
The drug paraphernalia destroyed today was seized pursuant to federal search and seizure warrants from smoke shops that operated in Albuquerque, Hobbs, Ruidoso and west Texas. The paraphernalia included thousands of bongs, “crack” pipes, and other glassware used to ingest illegal narcotics as well as packaging material. In addition to the drug paraphernalia, proceeds from the illegal sale of synthetic cannabinoids and drug paraphernalia were seized and forfeited to the United States. The locations from which the drug paraphernalia was seized included:
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The Snack & Smoke Shop, formerly located at 2118 Central Avenue SE in Albuquerque. Drug paraphernalia valued at more than $18,700 was seized during the execution of a search and seizure warrant in Sept. 2014.
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Just Smokes, formerly located at 216 University Blvd. in Lubbock, Texas. Drug paraphernalia valued at more than $37,500 was seized during the execution of a search and seizure warrant in June 2015.
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Just Smokes, formerly located at 2209 West 5th Street in Plainview, Texas. Drug paraphernalia valued at more than $33,800 was seized during the execution of a search and seizure warrant in June 2015.
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The Magic Mushroom, formerly located at 1407 Sudderth Drive in Ruidoso. Drug paraphernalia valued at more than $11,300 was seized during the execution of a search and seizure warrant in April 2015.
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Up in Smoke, formerly located at 220 East Marland Street in Hobbs. Drug paraphernalia valued at more than $53,800 was seized during the execution of a search and seizure warrant in June 2015.
The value of the drug paraphernalia destroyed today is exclusive of the value of other assets, currency and drugs seized and forfeited as a result of these investigations. For example, the investigation that targeted the smoke shops in Hobbs and west Texas resulted in the civil forfeiture of $2.8 million dollars in drug proceeds and assets in Nov. 2016.
Assistant U.S. Attorney Stephen R. Kotz is the Asset Forfeiture Coordinator for the U.S. Attorney’s Office, and was responsible for litigating the civil forfeiture cases and facilitating the administrative forfeiture processes resulting from these investigations. The criminal cases filed as a result of the investigations were prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
Synthetic cannabinoids 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” have become increasingly popular because they are easily available and, in many cases, are 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.
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Pojoaque Pueblo Man Sentenced to Twenty Years in Prison for Conviction on Federal Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – Gerald James Viarrial, 54, a member of Pojoaque Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court to 240 months in prison followed by five years of supervised release for his conviction on assault and firearms. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services, and Chief Frank Rael of the Pojoaque Pueblo Tribal Police Department.
Viarrial was arrested in Jan. 2015, and charged with assault, firearms and child abuse offenses in a seven-count indictment filed on Jan. 21, 2015. The indictment charged Viarrial with assaulting a female and two minors with a firearm; assaulting one of the minors by strangulation, causing him to suffer serious bodily injury; committing child abuse; and brandishing a firearm during a crime of violence. The indictment charged Viarrial with committing six of the seven crimes in Indian Country in Santa Fe County on a date between July 15, 2010 and Aug. 15, 2010, and committing the assault resulting in serious bodily injury occurred on March 24, 2014. The female victim was Viarrial’s former intimate partner and the mother of his children (the “mother”).
Law enforcement authorities first learned about Viarrial’s criminal conduct on March 24, 2014, when they received a verbal report of child abuse from a social service provider. The report indicated that a teenager, one of the minor male victims, had requested help to keep his mother, his siblings and himself safe from abuse from Viarrial. Upon receipt of that report, the BIA and Pojoaque Pueblo Tribal Police Department initiated an investigation which resulted in the filing of tribal charges against Viarrial on March 31, 2014, and subsequently, the filing of federal charges against Viarrial. The related tribal court charges against Viarrial were dismissed in favor of federal prosecution.
On Dec. 16, 2015, a federal jury returned a verdict finding Viarrial guilty on all four assault charges and the firearms charge after a three-day trial. The United States dismissed one of the child abuse charges before the case was submitted to the jury, and the jury acquitted Viarrial on the second child abuse charge.
During the trial, the mother testified that in Aug. 2010, Viarrial forced her and her seven children to accompany him to a shooting range located in Pojoaque Pueblo. Upon their return to their home, Viarrial became enraged when he could not locate keys for one of his vehicles. He angrily blamed the children for losing the keys, and forced the mother and the children back to the shooting range to search for the keys. When they were unable to find the keys, Viarrial ordered the mother and children to line up and paced in front of them, firearm in hand, as he yelled at them. The mother testified that Viarrial raised the handgun and pointed it at the two oldest children, who were then 11 and 13 years old, and threatened to kill them for being “worthless.” The mother observed this while holding her six-month old infant and thinking that Viarrial was going to kill all of them. At that point, Viarrial became distracted by a telephone call and eventually permitted the mother and children to return home.
The mother and two minor male victims, who also testified about the Aug. 2010 ordeal, testified that they were too scared of Viarrial to report the assault. The eldest of the two minor male victims testified that on March 23, 2014, he reported Viarrial’s continuing abusive behavior to the director of the Pojoaque Pueblo Social Services. The teenager told the director that he was worried about what Viarrial might do if he contacted law enforcement authorities. The day after the teenager reported Viarrial’s abusive behavior, Viarrial assaulted him by strangling him. Several witnesses witnessed the assault during which Viarrial told the teenager, “if you ever tell the police what I do, I will kill you.”
Viarrial testified in his own defense, and denied assaulting the mother and children in Aug. 2010. He also denied assaulting the teenager in March 2014.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department.
The case was prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and Novaline D. Wilson 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.
MEDIA ADVISORY-- Federal and City Officials to Hold Press Conference Regarding Destruction of Forfeited Drug ParaphernaliaRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, U.S. Marshal Conrad E. Candelaria, Albuquerque Mayor Richard J. Berry, DEA Assistant Special Agent in Charge Sean R. Waite, and FBI Assistant Special Agent in Charge Derek A. Fuller will hold a press conference tomorrow afternoon immediately preceding the destruction of a large quantity of drug paraphernalia seized and forfeited in connection with several federal narcotics trafficking investigations.
The press conference will take place at 2:00 p.m., Friday, January 27, 2017, at City of Albuquerque Solid Waste Facility located at 18000 Cerro Colorado SW (Cerro Colorado Landfill) in Albuquerque, N.M. The media will have the opportunity to film the destruction of the drug paraphernalia, which consists primarily of glassware, including numerous bongs and crack pipes, seized from “smoke shops” and “head shops,” and is valued at more than $220,000.
The destruction of drug paraphernalia is part of the U.S. Marshals Service’s asset forfeiture mission. It is a vital part of the federal government’s efforts to combat crime by stripping criminals of the tools of their trade and their ill-gotten gains.
WHO:
U.S. Attorney Damon P. Martinez
U.S. Marshal Conrad E. Candelaria
Albuquerque Mayor Richard J. Berry
DEA Assistant Special Agent in Charge Sean R. Waite
FBI Assistant Special Agent in Charge Derek A. Fuller
WHEN:
Friday, January 27, 2017 at 2:00 p.m.
WHERE:
City of Albuquerque Solid Waste Facility
Cerro Colorado Landfill
18000 Cerro Colorado SW
Albuquerque, NM 87121
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials.
Federal Jury Finds Roswell Felon Guilty of Illegally Possessing Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a verdict yesterday evening finding Michael Dalton, 34, of Roswell, N.M., guilty of unlawfully possessing firearms and ammunition after a three-day trial. The verdict was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Dianna Luce, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Phil Smith of the Roswell Police Department (RPD).
Dalton, who has seven prior felony convictions, is being prosecuted as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Dalton was arrested on a federal criminal complaint in June 2016, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges subsequently were dismissed in favor of federal prosecution.
The complaint charged Dalton with illegally possessing firearms and ammunition on Aug. 28, 2015, in Chaves County, N.M. Dalton was indicted on the same charge on June 30, 2016. The indictment was superseded on Oct. 25, 2016, to add a second offense charging Dalton with being a drug addict unlawfully in possession of firearms and ammunition on Aug. 28, 2015, in Chaves County. According to court documents, Dalton was prohibited from possessing firearms or ammunition because he had prior felony convictions for burglary, breaking and entering, forgery, aggravated fleeing from a law enforcement officer, possessing burglary tools, tampering with evidence, larceny, and possession of a controlled substance.
Dalton’s trial on the two-count superseding indictment began Jan. 23, 2017 and concluded yesterday evening when the jury returned a guilty verdict on both counts. The evidence at trial established that on Aug. 28, 2015, officers of the Roswell Police Department responded to Dalton’s residence after receiving a call from Dalton’s neighbor. The neighbor reported hearing Dalton threaten to shoot his girlfriend in the head during a fight between the couple that occurred outside Dalton’s residence. The neighbor also reported witnessing Dalton attempt to run over his girlfriend with his car before going into his residence with his three-year-old child. The neighbor then heard gunshots coming from Dalton’s residence.
Dalton barricaded himself in his residence, requiring a SWAT team to be dispatched to coax Dalton out of the residence. After an hour-long standoff, came out of the residence and he was identified as a convicted felon, leading the officers to obtain a search warrant for his residence. While executing the search warrant, the officers seized two rifles, a handgun and approximately 240 rounds of ammunition from ’s residence.
The evidence at trial also established that in addition to being a convicted felon, Dalton was a methamphetamine addict.
The jury deliberated approximately two hours before returning a guilty verdict.
Dalton has been in federal custody since his arrest in June 2016, and will remain detained pending a sentencing hearing which has yet to be scheduled. At sentencing, Dalton faces a statutory maximum penalty of ten years in prison on each of the two offenses.
This case was investigated by the Las Cruces office of the ATF and the Roswell Police Department. Assistant U.S. Attorneys Alexander B. Shapiro and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.