District of New Mexico
Press releases recorded for this federal judicial district.
Shiprock Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Matthew Yazzie, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assault charges.
Yazzie was arrested on Sept. 21, 2015, on a federal indictment charging him with assaulting two women and a man on June 13, 2015, in Indian Country in San Juan County, N.M. According to the indictment, the victims suffered serious bodily injuries as a result of the assaults.
During today’s hearing, Yazzie pled guilty to the indictment without the benefit of a plea agreement. In its proffer of evidence, the United States indicated that Yazzie assaulted the victims by crashing the vehicle he was driving while under the influence of alcohol.
At sentencing, Yazzie faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI, the New Mexico State Police and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
California Man Pleads Guilty to Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Raul Fernandez, Jr., 29, of Simi Valley, Calif., pleaded guilty today to a heroin trafficking charge in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Fernandez was arrested on a criminal complaint charging him with possession of heroin with intent to distribute after the DEA seized approximately two kilograms (4.4 pounds) of heroin from him during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 19, 2015. The heroin was concealed in a false compartment in Fernandez’s luggage. Fernandez was indicted on the same charge on Nov. 17, 2015.
During today’s proceedings, Fernandez pled guilty to a felony information charging him with possession of heroin with intent to distribute and admitted that on Oct. 19, 2015, in Bernalillo County, N.M., he was in possession of two kilograms of heroin, which was concealed in a false compartment in his luggage, while traveling through Albuquerque on the Amtrak train. Fernandez further admitted that he was to be paid $5,000 for transporting the heroin from Simi Valley to Cincinnati, Ohio.
At sentencing, Fernandez faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Paul H. Spiers prosecuted the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
U.S. Attorney's Office Launches Social MediaRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that the U.S. Attorney’s Office for the District of New Mexico is using Twitter and Facebook to more effectively communicate with the public, the media, and its law enforcement and community partners.
“We are using social media to communicate with as many New Mexicans as possible. The Office’s Twitter and Facebook accounts will help inform the public about the work we are doing on behalf of the community, both in and out of the courtroom,” said U.S. Attorney Martinez.
The U.S. Attorney’s Office is using social media to provide information about the case work being handled by the Office and to send press releases, links to photos and media advisories. It also is using social media to promote the prevention and outreach work being done by the Office and by its law enforcement and community partners. The U.S. Attorney’s Office also maintains a website which remains the primary source of information for the Office.
Twitter: https://twitter.com/USAO_NM
Facebook: https://www.facebook.com/usaonm/
Website: https://www.justice.gov/usao-nm
Isleta Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Warren Chewiwi, 42, a member of Isleta Pueblo who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 23 months in prison for his domestic assault by a habitual offender conviction. He will be on supervised release for three years after completing his prison sentence.
Chewiwi was arrested on Aug. 12, 2015, on an indictment charging him with domestic assault of an intimate partner by a habitual offender on Sept. 8, 2013, in Isleta Pueblo in Valencia County, N.M. According to the indictment, Chewiwi was charged as a habitual offender based on his two prior domestic violence convictions in Isleta Pueblo Tribal Court. Isleta Tribal Pueblo Court records reflect that Chewiwi’s prior convictions occurred in 2010 and 2013.
On Dec. 1, 2015, Chewiwi pled guilty to the indictment and admitted that on Sept. 8, 2013, he assaulted the victim, his intimate partner, by grabbing her by the hair, jerking her around the room and hitting her with an open hand while he was under the influence of alcohol. He also acknowledged his two prior tribal court convictions.
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. The case was prosecuted by Assistant U.S. Attorney David Adams 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.
Alamogordo Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Tandee Sheree Bettag, 38, of Alamogordo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Bettag was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Bettag was arrested on Dec. 8, 2015, on an indictment charging her and seven other non-Natives with methamphetamine trafficking and money laundering offenses. The indictment charged Bettag with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and use of a communication device to facilitate a drug trafficking crime.
During today’s proceedings, Bettag pled guilty to the charges against her in the indictment, and admitted that from Aug. 2015 through Sept. 2015, a codefendant provided her with methamphetamine which she distributed; she repaid her supplier with proceeds she obtained from selling the drugs. Bettag further admitted that on Aug. 15, 2015, she used text messaging to arrange the delivery of money to a codefendant to cover a drug debt and pick up additional methamphetamine, and on Aug. 17, 2015, she used text messaging to discuss, money for a drug transaction.
At sentencing, Bettag faces a maximum of 20 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Bettag is the third of the 18 federal defendants to enter a guilty plea. On Feb. 17, 2016, Jerilyn Lee Munoz, 27, of Artesia, N.M., pled guilty to a money laundering conspiracy charge. In entering the guilty plea, Munoz admitted that between April 2015 and Oct. 2015, she maintained a bank account that was used by another person to deposit the proceeds of drug trafficking crimes in order to conceal the proceeds. Munoz admitted that the other person deposited approximately $25,000.00 into her bank account during that period. At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release. Her sentencing hearing has yet to be scheduled.
Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The remaining 15 federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
Former Corrections Officer Sentenced for Unlawfully Trafficking “Suboxone”Read the Press Release
ALBUQUERQUE – Edward Owens, 21, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to three years of probation for participating in a conspiracy to distribute Buprenorphine, more commonly known as “Suboxone,” in violation of the federal narcotics laws. At the time he committed the crime, Owens was employed as a corrections officer at the Santa Fe County Adult Correctional Facility.
Owens was arrested on Feb. 12, 2015, on an indictment charging him and codefendant James Barela, 41, of Santa Fe, with conspiracy and possession of Suboxone with intent to distribute. According to the indictment, Owens and Barela committed these crimes between Aug. 6, 2014 and Aug. 12, 2014, in Santa Fe County, N.M.
On Dec. 3, 2015, Owens pled guilty to the indictment and admitted that from Aug. 4, 2014 through Aug. 12, 2014, while he was employed as a corrections officer at the Santa Fe County Adult Correctional Facility, he agreed to bring contraband into the jail for Barela who was an inmate at the facility. Owens admitted that he agreed to smuggle 47 sublingual Suboxone strips into the jail in exchange for payment from Barela, but was apprehended while attempting to do so.
Barela pled guilty to participating in the Suboxone trafficking conspiracy on June 10, 2015, and admitted that from Aug. 4, 2014 through Aug. 12, 2014, while he was incarcerated he conspired with Owens to distribute Suboxone to inmates in the correctional facility. Barela was sentenced on Oct. 8, 2015, to 12 months and one day in federal prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of the FBI, the Santa Fe County Sheriff’s Office, and the Santa Fe Corrections Department with assistance from the First Judicial District Attorney’s Office.
Assistant U.S. Attorney Shaheen P. Torgoley prosecuted the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Columbus Man Pleads Guilty to Producing Child Pornography Involving Three Young ChildrenRead the Press Release
ALBUQUERQUE – Samuel Elliott, 32, of Columbus, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to producing child pornography involving three young children and possessing child pornography. Elliott entered his guilty plea under a plea agreement that permits him to appeal from a court order denying his motion to suppress evidence. Elliot will be permitted to withdraw his guilty plea if he prevails on his appeal.
Elliott’s guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., New Mexico State Police Chief Pete N. Kassetas and Las Cruces Police Chief Jaime Montoya.
Elliott was arrested on Nov. 21, 2014, on an eight-count indictment charging him with production and possession of child pornography. Counts 1 through 3 of the indictment alleged that between Dec. 2012 and July 2013, Elliott used three young children to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. According to the indictment, two of the children were between one and five years of age and the third child was over the age of five years. The remaining five counts alleged that Elliott possessed child pornography in July 2013. The indictment asserted that Elliott committed all eight crimes in Luna County, N.M. A superseding indictment alleging the same charges was filed in July 2015.
“By his own admission, Samuel Elliott violated three young children and produced images and videos memorializing their abuse, stripping them of their innocence and forever tarnishing their childhood,” said U.S. Attorney Damon P. Martinez. “The physical, emotional, and psychological harm children suffer from sexual abuse and sexual exploitation through molestation and the production of child pornography is well known. This case is no different. The tremendous harm these young victims have suffered at the hands of Elliott will significantly impact them for the rest of their lives. I commend Homeland Security Investigations, the New Mexico State Police and Las Cruces Police Department for devoting tremendous time and energy to an investigation that exposed this despicable behavior and holding Elliott accountable for preying on these innocent children.”
HSI Special Agent in Charge Waldemar Rodriguez said individuals who produce child pornography scar children – psychologically, physically and emotionally – for life. And child predators who trade those images, victimize children again and again. “Child exploitation is a heinous crime,” said Rodriguez. “But rest assured that HSI special agents together with our law enforcement partners stand firm in our commitment to investigate and prosecute child predators to the fullest extent of the law.”
During today’s change of plea hearing, Elliott pled guilty to all eight counts of the indictment. In his plea agreement, Elliott admitted using a video camera to record a video of himself engaging in sexually explicit conduct with a child between one and five years of age. Elliott also admitted using a video camera to produce sexually explicit visual depictions of a sleeping child between five and eleven years of age. Elliott admitted committing these two crimes between Dec. 2012 and July 2013. Elliott also admitted that on Dec. 10, 2012, he used his iPhone to produce sexually explicit depictions of a third child who was between one and five years of age.
In his plea agreement, Elliott also acknowledged that in July 2013, the New Mexico State Police executed a search warrant at his residence and seized his iPhone, two desktop computers and a hard-drive. He also acknowledged that HSI executed a search warrant on his Dropbox online storage account. Elliott acknowledged that forensic examinations recovered thousands of images of child pornography from his iPhone; 48 images of child pornography from his hard-drive, more than 900 images of child pornography from his desktop computers, and 72 videos of child pornography from his Dropbox online storage account.
Elliott has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Elliott faces a prison term of not less than 15 years and not more than 30 years on each of the three production of child pornography charges. He faces up to 20 years in prison on each of the five possession of child pornography charges. Elliott will have to serve at least five years of supervised release after completing his prison sentence. He also will be required to register as a sex offender.
In his plea agreement, Elliott agreed to pay $210,012 in restitution to each of the three victims associated with the three production of child pornography charges if they request restitution prior to sentencing. He also agreed to pay restitution of $25,000 to each victim associated with the five possession of child pornography charges who requests restitution prior to sentencing.
“This case is a great example of agencies working together to keep kids safe,” said New Mexico State Police Chief Pete Kassetas. “We will do whatever it takes to locate and apprehend child sexual predators!”
“Our computer forensics investigator spent a considerable amount of time delving into electronic files and recovering vital evidence,” said Las Cruces Police Chief Jaime Montoya. “This is a tremendous example of multiple law enforcement agencies working together to uncover evidence that helped build a strong case and ultimately led to today’s guilty plea.”
This case was investigated by the Las Cruces office of Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case is being prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
California Man Sentenced to Prison for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Phillip Tracy Rodgers, Sr., 61, of Long Beach, Calif., was sentenced this morning in federal court in Las Cruces, N.M., to 33 months in prison followed by two years of supervised release for his drug trafficking conviction.
Rodgers was arrested on Sept. 4, 2014, on a criminal complaint charging him with unlawfully possessing chemicals that could be used to manufacture a controlled substance. Rodgers was arrested by U.S. Border Patrol and DEA agents at the Border Patrol Checkpoint on I-10 in Las Cruces, after agents discovered that Rodgers was concealing gasoline canisters of chemicals used in the manufacture of PCP and methamphetamine. More specifically, Rodgers possessed 42 gallons of Diethyl Ether, ten gallons of Bromobenzene and five gallons of Cyclohexanone.
Rodgers was subsequently indicted on Dec. 10, 2014, and charged with possession of diethyl ether, while knowing that the chemical would be used to manufacture PCP. On April 28, 2015, Rodgers pled guilty to the indictment and admitted that on Sept. 4, 2014, he was in possession of 13 five-gallon gasoline containers containing Diethyl Ether, Bromobenzene, and Cyclohexanone when he was stopped at the U.S. Border Patrol checkpoint on I-10 in New Mexico. Rodgers admitted that he was transporting the chemicals from San Antonio, Texas, to Los Angeles, Calif., where he expected to be paid for delivering the chemicals.
This case was investigated by the Las Cruces office of the DEA and the Las Cruces Station of the U.S. Border Patrol. Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Former Officers of New Mexico-Based Defense Contractor Plead Guilty to Criminal Charges Relating to Iraq Rebuilding EffortsRead the Press Release
ALBUQUERQUE – Two former officers of a New Mexico-based defense contracting firm pleaded guilty on Feb. 26, 2016, to criminal charges arising out of their involvement in a scheme to solicit and accept kickbacks in return for favorable treatment in awarding subcontracts relating to wartime rebuilding projects in Iraq. Neal Kasper, 66, of Montana, and his wife Tiffany White, 49, of Cibolo, Tex., entered their guilty pleas in federal court in Albuquerque, N.M. Kasper pleaded guilty to wire fraud and conspiracy to solicit and accept kickbacks charges, and White pleaded guilty to wire fraud and tax charges.
The guilty pleas were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS Criminal Investigation, and Special Agent in Charge Janice M. Flores of the Defense Criminal Investigative Service Southwest Field Office in Arlington, Tex.
Kasper and White, together with codefendant Bradley G. Christiansen, 50, of Albuquerque, N.M., all former officers of a New Mexico-based defense contractor, and four foreign nationals, were charged with conspiring to defraud the United States of more than $5 million through wire fraud in an indictment filed in Feb. 2012. The indictment also charged the seven defendants with wire fraud offenses and with offering and receiving illegal kickbacks. In addition, Kasper, White, Christiansen and Sara Christiansen were charged with money laundering offenses, and Christiansen with tax evasion offenses. The indictment was superseded in Aug. 2013, after Christiansen entered a guilty plea and the charges against his wife, Sara Christiansen, were dismissed. The charges against one of the foreign nationals were also dismissed.“While our brave men and women in uniform in the Iraq War made sacrifices for their country, Neal Kasper and Tiffany White saw it as an opportunity to enrich themselves," said U.S. Attorney Damon P. Martinez. “The defendants corrupted the process by which the United States sought to help Iraqis recover from decades of dictatorship and devastation of warfare. The defendants solicited and received bribes from foreign businessmen as the price of participation in Iraq reconstruction. Our community can take comfort in knowing that there is a dedicated team of agents, investigators and prosecutors who will strive to make sure that those responsible for this kind of corruption are prosecuted and held accountable for their actions. I thank the Pueblo of Laguna for its cooperation during the investigation of this case.”
“Many brave Americans and Iraqi citizens made incredible sacrifices in this conflict. Iraq deserves the best help America has to offer, not criminals looking to make a quick buck. These guilty pleas send a clear message that unscrupulous business people who take advantage of an ally trying to get back on its feet will face justice,” said FBI Special Agent in Charge Terry Wade. “I congratulate the FBI Special Agents and support staff, U.S. Attorney's Office, IRS Criminal Investigation, Defense Criminal Investigative Service, Defense Contract Audit Agency and Laguna Pueblo for a job well done.”
According to court filings, during the Iraqi war and continuing through 2011, the United States funded numerous construction and rebuilding projects in Iraq and Jordan, including contracts administered by the United States Air Force Center for Engineering and the Environment (AFCEE). Laguna Construction Company, Inc. (LCC), a minority disadvantaged business wholly owned by the Pueblo of Laguna, successfully bid and was awarded multiple contracts, including AFCEE contracts, for wartime reconstruction and rebuilding projects in Iraq and Jordan. From 2003 through 2009, LCC administered more than $350 million of Iraqi and Jordanian reconstruction contracts.
LCC was required to award subcontracts to foreign companies by generating requests for proposals and soliciting independent subcontract bids from qualified foreign companies. All subcontract bids were required to be independently prepared by the subcontractors without collusion from LCC, and LCC was required objectively to evaluate the bids and to award the subcontracts to the lowest qualified bidders. LCC and its personnel were prohibited from accepting anything of value, whether gifts, bribes or kickbacks, from the bidders. According to the superseding indictment, from Jan. 2004 through Feb. 2009, Kasper, Christiansen and White, who were officers and employees of LCC but not members of the Pueblo of Laguna, conspired with the four foreign nationals to defraud the United States of more than $5 million. They also conspired to launder the illegal kickbacks they received from the foreign nationals to conceal the unlawful nature of the proceeds.
Court filings reflect that AFCEE awarded two prime contracts to LCC relating to United States’ reconstruction efforts in Iraq, which required LCC to serve as a prime contractor and provide construction management services in response to task orders from AFCEE. From 2003 through 2009, LCC received and administered approximately $397 million through the two contracts which contemplated that LCC would award work to subcontractors to complete reconstruction projects. Christiansen was hired as a LCC division manager in 2002 by Kasper, who was then president of LCC, and became LCC’s operations manager and vice president of operations in 2005. In that capacity, Christiansen oversaw all LCC Iraq reconstruction projects under the supervision of Kasper, who was in charge of all of LCC’s construction operations, including those involving wartime reconstruction efforts in Iraq and Jordan.
Beginning in Dec. 2004, Kasper, Christiansen, White and others sought and obtained payments for task orders under the prime contracts under false pretenses by repeatedly certifying that all subcontracts were awarded pursuant to competitive bidding procedures when in fact they were accepting kickbacks from subcontractors in return for awarding subcontracts to them.From Dec. 2004 through Feb. 2009, Kasper, Christiansen, White and others conspired with the four foreign nationals to defraud the United States by soliciting and accepting kickbacks from the foreign nationals in return for awarding them subcontracts.Kasper and Christiansen accepted numerous kickbacks from the foreign nationals.
During his change of plea hearing on Friday, Kasper pled guilty to one count of wire fraud and one count of conspiracy to provide, solicit and accept kickbacks. In his plea agreement, Kasper admitted that from Dec. 2005 through Feb. 2009, while he was President of LCC, he conspired with others to accept improper payments from subcontractors in connection with subcontracts let by LCC. Kasper also accepting wire transfers totaling $204,356 in improper payments from subcontractors between April 2007 and Nov. 2008.
White pleaded guilty to a wire fraud charge in the superseding indictment and a felony information charging her with one count of filing a false tax return. In her plea agreement, White admitted that while she was LCC’s Compliance Manager for federal contracts, she submitted subcontract bids to Kasper and Christiansen without proper compliance review and with knowledge that the bids would be altered so that particular subcontractors would be selected. The selected subcontractors then paid kickbacks to Kasper, Christiansen and White. White’s plea agreement provides details of how the kickback scheme operated and how Kasper, Christiansen and she used illegal kickbacks to pay for improvements to their homes and for other personal purposes. White also admitted failing to declare $93,912 she received in illegal kickbacks as income when she filed her 2008 federal tax return.
At sentencing, Kasper faces a statutory maximum penalty of 20 years in prison on the wire fraud charge and five years on the kickback conspiracy charge. Under the terms of his plea agreement, Kasper is required to forfeit to the United States $431,911, which represents part of the net profit he derived from the crimes charged in the superseding indictment. Of this amount, Kasper is wholly responsible for $303,084 and jointly responsible with White for $136,827.
Under the terms of her plea agreement, White will be sentenced to not more than six months in prison followed by not more than three years of supervised release. White also will have to pay restitution in the amount of $33,997 to the IRS and will be required to forfeit jointly with Kasper $136,827 to the United States.
Christiansen pled guilty in July 2014, to conspiracy to provide, solicit and accept kickbacks and to solicitation and receipt of kickbacks and tax evasion, respectively. In his plea agreement, Christiansen admitted receiving his first kickback in Dec. 2004, through Kasper, who had received a $20,000 kickback and shared half with Christiansen. According to Christiansen, from Jan. 2005 through Feb. 2009, Kasper and he received numerous kickbacks from the foreign nationals, which they split 50/50. In addition to approximately $360,000 in monetary kickbacks, Christiansen also admitting to receiving a 2006 Porsche Cayman valued at $65,163, a Ford GT350 Shelby valued at $290,000, several watches valued at an aggregate of $103,800 as kickbacks from the foreign nationals. Christiansen also admitted that he willfully failed to declare the kickback payments and assets he received from the foreign nationals as personal income when filing his federal income tax returns in 2006, 2007 and 2008. As a result, Christiansen evaded approximately $389,413 in federal taxes.
At sentencing, Christiansen faces a maximum penalty of ten years in prison.The plea agreement also requires Christiansen to pay full restitution to the victims of his criminal conduct, including $389,413 in restitution to the IRS.The plea agreement also requires that Christiansen agree to the imposition of a money judgment against him in the amount of $1,687,310.84 and that he forfeit all assets derived from his criminal conduct, including his residence which was substantially remodeled with kickbacks from the foreign nationals.As required by Christiansen’s plea agreement, the United States filed a motion to dismiss all charges against Sara Christiansen and the charges against her have been dismissed.
The three foreign nationals who remain under indictment, Ramzi Snobar and Yacoub Snobar, citizens of Jordan, and Mustapha Ahmad, a duel citizen of Lebanon and Great Britain, have yet to be arrested and are considered fugitives. The charges in the indictment against these three defendants are merely allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
“The defendants have taken responsibility for defrauding the citizens of the U.S. and the people of Iraq. Their sophisticated fraud scheme diverted U.S. taxpayer funds that were meant for wartime reconstruction and rebuilding projects in Iraq,” said Ismael Nevarez Jr., Special Agent in Charge of IRS Criminal Investigation.
“The Defense Criminal Investigative Service will continue to diligently work to protect the integrity of our public contracting system by pursuing those who seek to violate the system through corruption, especially where contractors have been engaged to supply critical support for the work of stabilizing Iraq and Afghanistan,” said Special Agent in Charge Janice M. Flores of the DCIS Southwest Field Office in Arlington, Tex. “This investigation should serve as a warning for those intent on defrauding the U.S. military and the American public that DCIS, and its law enforcement partners remain vigilant and committed to bringing individuals who subvert the acquisition system to justice.”
This case is being prosecuted by Assistant U.S. Attorneys Jonathon M. Gerson and Shana B. Long, and was investigated by the Albuquerque Division of the FBI, the Albuquerque office of IRS Criminal Investigation, the Southwest Field Office of the Defense Criminal Investigative Service and the Defense Contract Audit Agency. Assistant U.S. Attorney Stephen R. Kotz is handling the related forfeiture proceedings.
Albuquerque Women Plead Guilty to Federal Mail Theft ChargesRead the Press Release
ALBUQUERQUE – Crystal Devon Romero, 33, and Michelle Josephine Candelaria, 25, both of Albuquerque, N.M., pleaded guilty yesterday in federal court to theft of mail charges.
Romero and Candelaria were arrested on Jan. 19, 2016, on a criminal complaint charging them with theft of mail and conspiracy. The complaint alleged that the two women conspired with each other to steal mail in Jan. 2015, in Bernalillo County, N.M. Romero and Candelaria allegedly pried open cluster mailboxes and stole mail from them. A search of the truck Romero and Candelaria allegedly used to carry out their mail theft scheme uncovered stolen mail, including checks that had been altered and debit/credit cards.
During yesterday’s proceedings, Romero and Candelaria pled guilty to felony informations charging them stealing mail from Jan. 12, 2016 through Jan. 15, 2016. The guilty pleas were entered without the benefit of plea agreements.
At sentencing, Romero and Candelaria each face a maximum of five years in federal prison. Their sentencing hearings have yet to be scheduled.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
Indiana Man Pleads Guilty to Federal Narcotics Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Rashad Travon Woods, 28, of Indianapolis, Ind., pleaded guilty today to a methamphetamine trafficking charge in federal court in Albuquerque, N.M. Under the terms of his plea agreement, Woods will be sentenced to 132 months in federal prison followed by a term of supervised release to be determined by the court.
Woods was arrested on a criminal complaint charging him with a methamphetamine trafficking offense after the DEA seized 2.4 kilograms (5.28 pounds) of methamphetamine from him during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 30, 2015. The methamphetamine was concealed in clothes in Woods’ backpack. Woods was indicted on the same charge on Nov. 17, 2015.
During today’s proceedings, Woods pled guilty to the indictment and admitted that on Oct. 30, 2015, in Bernalillo County, N.M., he was in possession of 2.40 gross kilograms of methamphetamine while traveling through Albuquerque. Woods remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Albuquerque office of DEA and is being prosecuted by Assistant U.S. Attorney Edward Han.
Navajo Man from Littlewater Pleads Guilty to Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Eugene Kuhn, 52, a member of the Navajo Nation who resides in Littlewater, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer with a dangerous weapon. Under the terms of his plea agreement, Kuhn will be sentenced to 18 months in federal prison followed by a term of supervised release to be determined by the court.
Kuhn was arrested on June 14, 2015, on a criminal complaint charging him with assaulting a federal officer on the Navajo Indian Reservation in San Juan County, N.M. Kuhn was arrested after attacking a tribal police officer of the Navajo Nation Division of Public Safety with a metal bar in Littlewater on June 14, 201. Kuhn attacked the officer, who is commissioned as a special federal officer by the BIA, while the officer was attempting to arrest on unrelated charges. Kuhn was subsequently indicted on July 14, 2015.
During today’s proceedings, Kuhn pled guilty to the indictment and admitted that on June 14, 2015, he assaulted a federal officer with a metal bar while the officer was performing his official duties. Kuhn remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting this case.
Farmington Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Kenneth Verzani, 63, of Farmington, N.M., pleaded guilty yesterday in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Commander Phil Goodwin of the Region II HITDA Narcotics Task Force.
Verzani was arrested in Nov. 2015, on a five-count indictment charging him with methamphetamine trafficking offenses. According to the indictment, Verzani distributed methamphetamine on five occasions between May 3, 2015 and June 10, 2015, in San Juan County, N.M. The indictment included forfeiture allegations requiring Verzani to forfeit $4,260, proceeds of the drug trafficking charged, to the United States.
During yesterday’s proceedings, Verzani pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Verzani admitted selling quantities of methamphetamine to an undercover officer on the following dates: 56 grams on May 5, 2015; 28 grams on May 28, 2015; 56 grams on June 2, 2015; and 56 grams on June 7, 2015.
In his plea agreement, Verzani admitted that the drug deals took place in his vehicle or his residence. Verzani also admitted that on June 10, 2015, officers seized 1.29 kilograms (2.8 pounds) of methamphetamine from his residence. The plea agreement states that Verzani obtained the methamphetamine from his regular source of supply with the intention of distributing the drugs to the six or seven small-time methamphetamine dealers with whom he regularly dealt.
At sentencing, Verzani faces a statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the HIDTA Region II Narcotics Task Force. Assistant U.S. Attorney George C. Kraehe is prosecuting 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 and Aztec Police Department, 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.
Mescalero Apache Man Sentenced to 78 Months for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Jerrick Blake, 22, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in Las Cruces, N.M., to 78 months in federal prison followed by three years of supervised release for his voluntary manslaughter conviction.
According to court filings, Blake killed the victim on the afternoon of Nov. 3, 2014, by stabbing him in the chest with a knife. The crime occurred during an argument between Blake and the victim on the Mescalero Apache Reservation in Otero County, N.M.
On June 16, 2015, Blake pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Blake admitted killing the victim by stabbing him in the chest during a sudden quarrel.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and the Mescalero Apache Tribal Police Department. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Las Cruces Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ramiro Saenz, 28, of Las Cruces, N.M., was sentenced yesterday in federal court to 72 months in federal prison followed by three years of supervised release for violating the federal firearms laws.
Saenz was arrested in Sept. 2014, on a criminal complaint charging him with being a felon in possession of firearms and ammunition in Doña Ana County, N.M. According to the complaint, on Aug. 21, 2014, an officer of the Las Cruces Police Department recovered 1.6 grams of methamphetamine, a handgun and multiple rounds of ammunition from Saenz during a routine traffic stop.
Saenz was subsequently indicted on the same charge on Dec. 10, 2014. The indictment indicated that Saenz was prohibited from possessing firearms or ammunition because he previously had been convicted twice of being a felon in possession of a firearm and ammunition, aggravated assault and tampering with evidence. On March 12, 2015, Saenz pled guilty to the indictment.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Las Cruces Police Department and was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Gallup Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Dexter Diaz, 31, of Gallup, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Diaz will be sentenced within the range of 120 to 144 months in federal prison followed by a five year term of supervised release.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, McKinley County Sheriff Ronald Silversmith, and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department.
Diaz, whose criminal history includes felony convictions for three drug trafficking crimes, is being prosecuted as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including McKinley County, under this initiative.
Diaz was arrested in Sept. 2015, on an indictment charging him with distributing methamphetamine on March 26, 2015, in McKinley County, N.M. The indictment included forfeiture allegations requiring Diaz to forfeit $1,600 in drug proceeds to the United States.
During today’s proceedings, Diaz entered a guilty plea to the indictment. In entering the guilty plea, Diaz admitted that on March 26, 2015, he sold two ounces of methamphetamine to another person for $1,600.
Diaz has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA, the McKinley County Sheriff’s Office and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case.
El Paso Man Sentenced to Federal Prison for Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Arturo Martinez, 23, of El Paso, Texas, was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 54 months in prison followed by five years of supervised release for his heroin trafficking conviction. His co-defendant Bryan Marinelarena, 21, a Mexican national, was sentenced on Feb. 23, 2016 to three years in prison for his heroin conviction. Marinelarena will be deported after completing his prison sentence.
Martinez and Marinelarena were arrested on May 23, 2015, during a routine inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Doña Ana County, N.M. According to the criminal complaint, agents found approximately 6.6 kilograms (14.6 pounds) of heroin concealed in the vehicle in which Martinez and Marinelarena were driving from El Paso to California.
On Aug. 4, 2015, Marinelarena and Martinez each pled guilty to a felony information charging them with participating in a heroin trafficking conspiracy. Each admitted that on May 23, 2015, Border Patrol agents at the Interstate 10 checkpoint discovered 6.6 kilograms of heroin hidden in the engine of the SUV in which they were traveling.
In entering their guilty pleas, each man also admitted that he expected to be paid for transporting the heroin from El Paso to California. Martinez anticipated a $6,000 payment while Marinelarena expected to receive a $1,000 payment.
This case was investigated by the Las Cruces Station of the U.S. Border Patrol and the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
The case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Tohatchi Man Arrested on Federal Murder ChargeRead the Press Release
ALBUQUERQUE – Dennison Hale, 42, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., made his initial appearance today in federal court in Farmington, N.M., on a criminal complaint charging him with murder. Hale remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for February 26, 2016, in federal court in Albuquerque, N.M.
Hale was arrested on Feb. 23, 2016, by the FBI on a criminal complaint alleging that he murdered a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M. The criminal complaint alleges that on Feb. 20, 2016, Hale struck the victim in the head and fled from the scene, the victim’s home in Hogsback, N.M. The victim was subsequently transported by helicopter to the hospital, where she was pronounced dead.
If convicted of the crime charged in the criminal complaint, Hale faces a statutory maximum penalty of life imprisonment. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Steve Casaus Pleads Guilty to Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Steve Casaus, 43, of Albuquerque, N.M., pleaded guilty this morning in federal court to being a felon in possession of a firearm and ammunition. The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Casaus was charged in a criminal complaint on April 25, 2014, with unlawfully possessing a firearm and ammunition on April 21, 2014, in Bernalillo County, N.M. According to the criminal complaint, Casaus was arrested after APD officers after they observed what they believed to be a drug deal, and based on an outstanding arrest warrant for failing to appear on a pending state court case. The complaint alleged that at the time of his arrest, Casaus was in possession of $20,790.00 in cash, 1.3 grams of methamphetamine, drug paraphernalia, and a firearm loaded with six rounds of ammunition.
Casaus was subsequently indicted on June 11, 2014, and charged with being a felon in possession of firearms and ammunition on April 21, 2014, in Bernalillo County. Casaus was prohibited from possessing firearms or ammunition because of his prior felony convictions of disarming a peace officer, aggravated battery on a peace officer, trafficking by possession with intent to distribute and conspiracy to commit unlawful taking of a motor vehicle.
The federal prosecution of Casaus was stayed during the pendency of unrelated state court proceedings. Casaus was arrested on the federal charge in Jan. 2016, after he was transferred into federal custody from state custody.
During today’s change of plea hearing, Casaus pled guilty to the indictment. The guilty plea was entered without the benefit of a plea agreement.
At sentencing, Casaus faces a maximum sentence of ten years in federal prison. Casaus remains detained pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Albuquerque office of Homeland Security Investigations and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
The case is being prosecuted as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Eddy County Man Sentenced to Five Years in Prison for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Ernesto Flores, 44, of Hagerman, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his methamphetamine trafficking conviction. He will be on supervised release for four years after completing his prison sentence.
Flores was arrested on March 12, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. According to the criminal complaint, on Feb. 4, 2015, officers from the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office executed a search warrant on Flores’ residence in Hagerman. From a storage room on Flores’ property, the officers seized approximately 296.52 grams of methamphetamine. They also seized an AK-47, two handguns, a stolen handgun, $4,900 in cash and drug paraphernalia during the search.
On June 10, 2015, Flores pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Flores admitted possessing the 296.52 grams of methamphetamine found in his storage room on Feb. 4, 2015. He also admitted that he had been selling methamphetamine.
This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The 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.
Colorado Man Sentenced to Six Years for Federal Sex Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – A Colorado man was sentenced in federal court in Albuquerque, N.M., yesterday to six years in prison followed by ten years of supervised release for his sex trafficking conviction. The sentence was announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
David Justin Lynch, 39, of Colorado Springs, Colo., was charged by criminal complaint on March 24, 2011, with coercing a woman to travel in interstate commerce to engage in prostitution. Thereafter, on July 27, 2011, an indictment was filed charging Lynch with coercing the victim to travel in interstate commerce for prostitution and traveling in interstate commerce for the purpose of promoting prostitution. The criminal complaint and indictment remained under seal until Oct. 2014, while state prosecutors proceeded with the prosecution of related-state charges against Lynch. On April 7, 2015, Lynch was arrested on the federal charges after he was transferred from state custody to federal custody.
According to court documents, the FBI and APD initiated a federal human trafficking investigation into Lynch on March 22, 2011, the day after Lynch was arrested by APD on state charges. The investigation revealed that between Dec. 2010 and March 2011, Lynch coerced the victim to travel to Colorado, Idaho, Kansas, Missouri and New Mexico for the purpose of engaging in prostitution. Lynch and the victim remained in each location for a week or two, staying in different hotels, where the victim performed sexual acts with customers who responded to advertisements placed by Lynch on a website commonly used to post ads for prostitution.
Court documents reflect that initially, the victim was required to pay 50% of her earnings to Lynch but beginning in Jan. 2011, Lynch took all of the victim’s earnings, giving her only enough money to pay for the hotel room, food and basic necessities. Also in Jan. 2011, Lynch verbally threatened the victim, who felt that she could not stop working as a prostitute for Lynch. In Feb. 2011, Lynch allegedly held a knife to the victim’s throat and threatened her because she was not making enough money and “wasn’t nice enough” to the customers.
Lynch and the victim were arrested by APD on March 21, 2011, after APD responded to an ad placed by Lynch on a website commonly used to post ads for prostitution. After her arrest, the victim told officers that she wanted to leave Lynch and stop working as a prostitute but was afraid that Lynch would “track her down and kill her” if she left. The victim said she felt coerced to engage in prostitution for Lynch because of his threats against her and his control of her earnings.
On April 9, 2015, Lynch entered guilty pleas to both counts of the indictment charging him with coercing a woman to travel in interstate commerce for prostitution, and traveling in interstate commerce for the purpose of promoting prostitution. In his plea agreement, Lynch admitted that from Nov. 1, 2011 through March 21, 2011, he coerced the victim to travel in interstate commerce from Colorado to New Mexico and other places to engage in prostitution. Lynch also acknowledged that he traveled in interstate commerce to promote and facilitate prostitution.
This case was investigated by the Albuquerque office of the FBI and APD, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Norman Cairns.
Albuquerque Man Sentenced to Nine Years in Federal Prison for Robbing Businesses Engaged in Interstate CommerceRead the Press Release
ALBUQUERQUE – David Savoy Thomas, 56, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to nine years in federal prison for violating the Hobbs Act by robbing and attempting to rob commercial businesses involved in interstate commerce. Thomas will be on supervised release for three years following his term of incarceration.
Thomas was charged with four counts of violating the Hobbs Act by robbing and attempting to rob commercial businesses located in Bernalillo County, N.M., that were involved in interstate commerce, and one count of brandishing a firearm during and in relation to a crime of violence in a five-count indictment filed on Dec. 4, 2013. Thomas was arrested on Dec. 30, 2013, after he was transferred from state custody to federal custody to face the charges in the federal indictment.
Thomas proceeded to trial on March 30, 2015, which concluded on April 2, 2015, when the jury returned a verdict of guilty on the four Hobbs Act charges but was unable to reach a unanimous verdict on the firearms charge. The evidence at trial established that Thomas robbed one business in May 2010 and three businesses in 2013.
During the trial, APD officers testified that they responded to the scene of each of the four incidents and processed all available evidence, including fingerprints and surveillance videotape. After the fourth incident in Oct. 2013, an APD officer learned that a fingerprint expert had identified Thomas’s fingerprints on the glass door of the restaurant that was robbed in May 2010, and started an investigation into Thomas. After obtaining a photograph of Thomas and determining that Thomas matched the description of the man who robbed two Albuquerque businesses, the APD officer included Thomas’s photograph in a photo array of six men. The clerks from the two stores positively identified Thomas as the man who attempted to rob the Family Dollar on Aug. 16, 2013 and the Check and Go on Oct. 19, 2013.
This case was investigated by the Albuquerque office of the FBI and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Norman Cairns and Kimberly A. Brawley prosecuted the case.
This case 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 primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Texas Man Pleads Guilty in New Mexico to Scheme to Defraud Social Security AdministrationRead the Press Release
ALBUQUERQUE – Dannelly Labogin, 68, of Amarillo, Texas, pleaded guilty today in federal court in Las Cruces, N.M., to defrauding the Social Security Administration (SSA) of Social Security Child’s Insurance Benefits. Under the terms of his plea agreement, Labogin will be required to pay $82,483.00 in restitution to the SSA.
Labogin was charged in a two-count indictment on Sept.22, 2015. Count 1 of the indictment alleged that between June 2007 and Nov. 2013, Labogin executed a scheme to defraud the SSA by continuing to receive benefits on his daughter’s behalf even though the child had been adopted by others and was no longer in his care. As a result of this scheme, Labogin fraudulently received an aggregate of $82,483.00. Counts 2 through 36 of the indictment alleged that Labogin knowingly stole and embezzled an aggregate of $26,633.00 in Social Security Child’s Insurance Benefit payments from the SSA between Oct. 1, 2010 and Dec. 3, 2013. Labogin was arrested in Amarillo on Dec. 4, 2015, and was transferred to the District of New Mexico on Jan. 5, 2016, to face the charges against him.
During today’s plea hearing, Labogin pled guilty to Count 1 of the indictment. In entering the guilty plea, Labogin admitted that from June 2007 through Nov. 2013, he received Child’s Insurance Benefits from the SSA on behalf of his biological daughter even though he did not have custody of his biological daughter at the time he applied for and received the benefits.
At sentencing, Labogin faces a statutory maximum penalty of five years in prison. The sentencing hearing has yet to be scheduled.
This case was investigated by the SSA, Office of the Inspector General, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Otero County Prison Inmate Sentenced to 12.5 Years in Federal Prison for Scheme to Smuggle Drugs into Otero County PrisonRead the Press Release
ALBUQUERQUE – An inmate formerly housed at the Otero County Prison Facility (OCPF) in Chaparral, N.M., was sentenced today in federal court in Las Cruces, N.M., for his participation in a conspiracy to smuggle methamphetamine and heroin into the OCPF. Gary Borja, 28, of Albuquerque, N.M., was sentenced to 151 months in federal prison followed by three years of supervised release.
Borja was one of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF. The other defendants charged with participating in the conspiracy were Luis Delgadillo, 39, of El Paso, Texas, who was a corrections officer at OCPF during the conspiracy, Ana Lopez, 26, of Albuquerque, N.M., Nancy Salas, 37, of Alamogordo, N.M., and Armando Lopez, 29, of Anthony, Texas and Eric Lovato, 32, of Alamogordo, who were both inmates at the OCPF. All six defendants subsequently were indicted on Aug. 20, 2014, and charged with conspiracy to distribute methamphetamine and heroin from Dec. 2013 through April 26, 2014, in Otero County, N.M.
The FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF. The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who smuggled narcotics into the OCPF between Jan. 2014 and April 2014.
Borja pled guilty to the indictment on Nov. 12, 2014, and admitted to conspiring with his co-defendants to smuggle drugs into the OCPF, more specifically, Borja admitted recruiting Delgadillo to help smuggle the drugs into the jail. In Dec. 2013, Delgadillo smuggled one ounce of methamphetamine into the jail; on Feb. 5, 2014 and March 14, 2014, Delgadillo smuggled one ounce of heroin into the jail; and on April 26, 2014, a co-conspirator of Borja’s met with Delgadillo and gave him 25 grams of methamphetamine, 11 grams of heroin and ten Suboxone pills to smuggle into the jail.
The five co-defendants have entered guilty pleas to the indictment. On Jan. 12, 2016, Delgadillo was sentenced to 40 months in prison followed by three years of supervised release. On June 24, 2015, Ana Lopez was sentenced to 30 months in federal prison followed by two years of supervised release. On Feb. 18, 2016, Armando Lopez was sentenced to 84 months in prison followed by three years of supervised release and Lovato was sentenced to 70 months in prison followed by three years of supervised release. Salas has yet to be sentenced.
This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Former Residents of Las Vegas, N.M., Indicted on Federal Spice Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, announced today that two former residents of Las Vegas, N.M., who recently relocated to Kingman, Ariz., have been indicted on drug trafficking and money laundering charges.
Ray L. Smith, 50, and Tamara Phillips, 47, are charged in a four-count indictment filed in the U.S. District Court for the District of New Mexico on Feb. 9, 2016. The couple was arrested in Kingman on Feb. 18, 2016, and made their initial appearances in federal court in Flagstaff, Ariz., on Feb. 19, 2016. During the judicial proceedings in Arizona, the court ordered the U.S. Marshals Service to transfer Smith and Phillips to New Mexico to face the charges against them. Smith and Phillips remain in federal custody pending detention hearings that will be scheduled after they return to New Mexico.
The indictment charges Smith and Phillips with participating in a conspiracy to distribute synthetic cannabinoids, more commonly known as “spice,” maintaining premises for the purpose of distributing spice, and participating in a conspiracy to launder drug proceeds. The indictment alleges that between Feb. 2010 and Feb. 2016, Smith and Phillips participated in a conspiracy to distribute spice from three businesses in New Mexico and Arizona that are owned by Smith and jointly managed by Smith and Phillips
According to the indictment, Smith and Phillips used the three businesses, “Smokin Body Jewelry” stores located in Las Vegas, Raton and Kingman, to sell spice. The indictment alleges that employees at the three stores sold spice to customers while acting at the direction of Smith and Phillips. The indictment includes information about two alleged drug transactions that occurred on Sept. 29, 2015: the first involved the sale of $1,687.46 of spice by an employee at the Raton store, and the second involved the sale of $1,556.91 of spice by an employee at the Las Vegas store.
The indictment includes forfeiture allegations which seek to forfeit property and other assets that constitute the proceeds of the drug trafficking offenses charged in the indictment or were used to facilitate those crimes including eight parcels of real property located in New Mexico and Arizona, funds in 18 bank accounts, a safety deposit box, and three vehicles.
The indictment is the result of a year-long investigation led by the DEA’s offices in Albuquerque, N.M., and Flagstaff, Lake Havasu and Yuma, Ariz., with assistance from the Raton Police Department and the Mohave Area General Narcotics Enforcement Team. During the course of the investigation, approximately one pound of spice was allegedly purchased from businesses operated by Smith and Phillips and approximately 22 kilograms (48 pounds) of spice was seized from a storage facility allegedly rented by Smith and Phillips.
During law enforcement operations executed on Feb. 18, 2016, law enforcement agents and officers seized 18 bank accounts, a safety deposit box and the eight parcels of real property identified in the indictment. They also executed six search warrants, including search warrants for each of the three stores, a second commercial property in Kingman, and two residences in Kingman. The estimated aggregate value of the real property, currency and other assets seized on Feb. 18, 2016, exceeds $2.3 million, including approximately $220,000 in cash. The agents and officers also seized approximately 11 kilograms (24.2 pounds) of precursor chemicals allegedly shipped from China in the primary residence of Smith and Phillips. In addition, approximately 25 kilograms (55 pounds) of suspected spice with a street value of $250,000 was seized from the stores and the residence of Smith and Phillips.
If convicted on the charges in the indictment, Smith and Phillips each face a statutory maximum penalty of 20 years in prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the DEA’s offices in Albuquerque, N.M., and Flagstaff, Lake Havasu and Yuma, Ariz., with assistance from the Raton Police Department and the Mohave Area General Narcotics Enforcement Team. Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting the case.
The synthetic cannabinoids charged in the indictment are commonly referred to as synthetic marijuana or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Smith Phillips Indictment
Artesia Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eduardo Duran, Jr., 34, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Duran was arrested on May 6, 2015, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Eddy County, N.M., on Feb. 9, 2015. According to the complaint, Pecos Valley Drug Task Force agents executed a search warrant at a residence in Carlsbad where they seized a large sum of cash, several packages of Suboxone, a small amount of marijuana, drug paraphernalia and approximately 780 grams of methamphetamine.
On Oct. 7, 2015, Duran pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute. In entering the guilty plea, Duran admitted that on Feb. 9, 2015, he possessed approximately 780 grams of methamphetamine which was seized by officers who executed a search warrant at his residence.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force. Assistant U.S. Attorney Mark A. Saltman 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.
Albuquerque Man Sentenced to Ten Years for Distributing Child PornographyRead the Press Release
ALBUQUERQUE – Ruben Nieto, 45, of Albuquerque, N.M., was sentenced in federal court yesterday afternoon to 120 months in prison for his conviction for distributing child pornography. He will be on supervised release for five years after completing his prison sentence. Nieto was ordered to pay $1,000 to each of the two victims whose images were used in the child pornography distributed by Nieto. Nieto also will be required to register as a sex offender.
Nieto was arrested by the FBI on Nov. 13, 2014, on a criminal complaint charging him with distribution of a visual depiction of a minor engaged in sexually explicit conduct and possession of a visual depiction of a minor engaged in sexually explicit conduct. Nieto was charged with committing both offenses in Bernalillo County, N.M., from March 24, 2014 through March 27, 2014. On Dec. 3, 2014, Nieto was indicted and charged with distributing child pornography.
According to court filings, the FBI initiated a federal investigation into Nieto in May 2014, after receiving a referral from the Bernalillo County Sheriff’s Office (BCSO) and the New Mexico Office of the Attorney General (NMOAG), both of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. In Jan. 2014, investigators identified an IP address that was being used to download and share child pornography. Investigation revealed that the IP address was subscribed to the residence in which Nieto lived until April 2014. In May 2014, investigators executed a search warrant at the residence and seized computers and computer-related media that contained child pornography after learning that Nieto regularly used the computer while he lived in the residence.
On July 29, 2015, Nieto pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of the FBI, the BCSO, the NMOAG and the New Mexico ICAC Task Force.
The case was prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Pleads Guilty to Federal Firearms and Counterfeiting ChargesRead the Press Release
ALBUQUERQUE – Phillip Pacheco, 29, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and counterfeiting U.S. securities. Under the terms of his plea agreement, Pacheco will be sentenced to 84 months in federal prison followed by a term of supervised release to be determined by the court.
Pacheco was indicted on May 28, 2015, and charged with being a felon in possession of firearms and counterfeiting U.S. securities on July 1, 2013, in Bernalillo County, N.M. At the time, Pacheco was prohibited from possessing firearms because he previously had been convicted of marijuana trafficking, armed robbery, conspiracy to commit armed robbery, aggravated assault with a deadly weapon and being a felon in possession of a firearm.
Pacheco was arrested in Aug. 2015, after he was transferred to federal custody from state custody where he was being held on related state charges. The state charges have since been dismissed in favor of federal prosecution.
During today’s proceedings, Pacheco pled guilty to the indictment. In entering the guilty plea, Pacheco admitted that on July 1, 2013, he possessed three firearms even though he was prohibited from possessing firearms because of his status as a convicted felon. Pacheco further admitted that he fraudulently made 147 counterfeit Federal Reserve Notes with a total face value of $9,820.00.
Under the terms of his plea agreement, Pacheco must forfeit the three firearms found in his possession on July 1, 2013. He also must forfeit the equipment he used to make the counterfeit Federal Reserve Notes.
Pacheco remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Mexican National Sentenced to Five Years for Trafficking Methamphetamine in New MexicoRead the Press Release
ALBUQUERQUE – Francisco Calvillo, 52, a Mexican national illegally residing in El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his methamphetamine trafficking conviction. Calvillo will be deported following his term of incarceration.
Calvillo was arrested in April 2015, after U.S. Border Patrol agents at the Border Patrol Checkpoint on I-25 in Doña Ana County, N.M., found a handgun in the vehicle’s center console and approximately .77 kilograms (1.7 pounds) of methamphetamine concealed under Calvillo’s clothes.
On Aug. 17, 2015, Calvillo pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute. Calvillo admitted that on April 10, 2015, he drove his car to the Border Patrol checkpoint on I-25 where agents found .77 kilograms of methamphetamine in the waistband of his pants. Calvillo further admitted that he conspired with others to transport the methamphetamine from Mexico into the United States.
This case was investigated by the U.S. Border Patrol and the DEA and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Mexican National Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Massiel Segoviano-Fierro, 24, a Mexican national illegally residing in the United States, pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
Segoviano-Fierro and his co-defendant Juan Carlos Nieblas-Ruelas, 27, also a Mexican national illegally residing in the United States, were arrested in Nov. 2015, and charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute on Nov. 23, 2015, in Bernalillo Country N.M. The two men were arrested after Segoviano-Fierro attempted to sell approximately ten pounds of methamphetamine to an undercover law enforcement agent.
During today’s proceedings, Segoviano-Fierro pleaded guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty plea, Segoviano-Fierro admitted that on Nov. 23, 2015, in Bernalillo County, he attempted to sell methamphetamine to an individual who unbeknownst to him was an undercover law enforcement agent. Segoviano-Fierro further admitted that he collaborated with Nieblas-Ruelas to obtain approximately ten pounds of methamphetamine to sell and distribute in Albuquerque.
On Jan. 22, 2016, Nieblas-Ruelas plead guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted that on Nov. 23, 2015, he retrieved methamphetamine from a trailer house in Albuquerque which he then gave to Segoviano-Fierro to distribute and sell in Albuquerque.
At sentencing, Segoviano-Fierro and Nieblas-Ruelas each face a maximum penalty of 20 years in federal prison and will be deported following their terms of incarceration. Both men remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney David M. Walsh.
Mexican National Charged with Violating Federal Narcotics Trafficking Laws in New MexicoRead the Press Release
ALBUQUERQUE – Jose Tiburcio Hernandez-Aguilar, 57, a Mexican national, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with violating the federal narcotics trafficking laws. Hernandez-Aguilar remains in custody pending a preliminary hearing and a detention hearing which have yet to be scheduled.
Hernandez-Aguilar was arrested on Feb. 20, 2016, by the U.S. Border Patrol and the DEA for possession of methamphetamine with intent to distribute in Doña Ana County, N.M. The criminal complaint alleges that on that day, U.S. Border Patrol Agents allegedly found 14 bundles of methamphetamine weighing approximately 3.62 kilograms (eight pounds) in a hidden compartment in Hernandez-Aguilar’s vehicle.
If convicted of the crime charged in the criminal complaint, Hernadez-Aguilar faces a statutory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Luis Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Hobbs Man Pleads Guilty to Federal Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jestin White, 23, of Hobbs, N.M., pled guilty on Friday afternoon in federal court in Las Cruces, N.M., to cocaine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
White was arrested in May 2015, on a criminal complaint charging him with distribution of cocaine on May 19, 2015, in Lea County, N.M. According to the complaint, White distributed cocaine to an undercover law enforcement agent from Aug. 25, 2014 through May 19, 2015.
White was subsequently charged in a five-count indictment that was filed on Aug. 19, 2015. The indictment charged White with distributing cocaine on Sept. 4, 2014, Sept. 9, 2014, Oct. 23, 2014, Nov. 6, 2014, and May 19, 2015. The crimes charged in the indictment took place in Lea County. The indictment also included forfeiture allegations requiring White to forfeit $8,050.00 to the United States.
During Friday’s proceedings, White pled guilty to the indictment and admitted selling a total of 461 grams of cocaine to an undercover agent during five separate drug deals. More specifically White admitted selling the following quantities of cocaine to the agent: 2.1 grams on Sept. 4, 2014; 57 grams on Sept. 9, 2014; 57.5 grams on Oct. 23, 2014; 62 grams on Nov. 6, 2014; and 283 grams on May 19, 2015.
At sentencing, White faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. White remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lea County Drug Task Force. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Former Employee of New Mexico Human Services Department Sentenced to Prison for Defrauding Federal Food Stamp ProgramRead the Press Release
ALBUQUERQUE – A former employee of the Income Support Division of the New Mexico Human Services Department was sentenced for defrauding the federal food stamp program. Joseph Martin Padilla, 34, of Albuquerque, N.M., was sentenced in federal court today to one year and a day in prison followed by three years of supervised release. Padilla was also ordered to pay $181,398.76 in restitution to the U.S. Department of Agriculture.
Padilla is one of six defendants charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014. The indictment alleged that between Sept. 2009 to May 2010, Padilla, conspired with Wilfredo Lopez, 47, Joshua Moya, 33, Justin Quintana, 29, Sergio Escobedo, 36, and Veronica Hernandez, 41, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits. During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department (HSD) where he was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.
SNAP is funded by the U.S. Department of Agriculture and is administered by the States. The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households. In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of HSD. Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.
The indictment charged Padilla with abusing his position as a Family Assistance Analyst by conspiring with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits. It alleged that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value. It also charged Padilla with establishing and using a fraudulent SNAP account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself. According to the indictment, Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits. Additionally, Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.
On Nov. 23, 2015, Padilla pled guilty two counts of the indictment and admitted that he was previously employed by HSD and despite his awareness of the policies and procedures of HSD, he processed numerous applications for SNAP benefits in a fraudulent manner in exchange for cash payments. Padilla acknowledged that his illegal conduct resulted in an aggregate loss to the U.S. Department of Agriculture and the State of New Mexico of approximately $181,398.76.
On May 19, 2015, Lopez entered a guilty plea to one count of the indictment and admitted that he completed fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals. Lopez paid $100.00 to process each of the applications. Lopez was sentenced on Jan. 14, 2016, to four years of probation and was ordered to pay $8,382.00 in restitution to the USDA.
On May 18, 2015, Quintana pled guilty to one count of the Indictment, and admitted meeting Padilla through Moya, and knowing that Padilla had the ability to register people to receive food stamps. Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully. Quintana obtained $486.00 in SNAP benefits through his illegal conduct. He also received a fee for collecting SNAP applications from six other people and delivering the completed applications to Padilla for the purpose of assisting them in obtaining SPA benefits unlawfully. Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of $9,384.00. Quintana was sentenced on Aug. 17, 2015, to three years of probation and was ordered to pay $9,384.00 in restitution.
On March 9, 2015, Moya pled guilty to one count of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled. Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps. Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits. Moya admitted unlawfully receiving $866.00 in SNAP benefits. Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits. On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release. Moya also was ordered to pay $2,444.00 in restitution.
Escobedo and Hernandez have entered not guilty pleas to the charges in the indictment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture and the Office of Inspector General for New Mexico Human Services, and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Cochiti Pueblo Man Pleads Guilty to Federal Bank Robbery ChargesRead the Press Release
ALBUQUERQUE – Marcelino Chalan, 27, of Cochiti Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to bank robbery charges.
Chalan was arrested Sept. 16, 2015, on a criminal complaint charging him with robbing the Wells Fargo Bank branch inside the Albertson’s supermarket located at 3301 Southern Blvd. in Rio Rancho, N.M., on July 20, 2015. The complaint alleged that Chalan robbed the bank by handing a handwritten note with a robbery demand to a bank teller. The teller complied with Chalan’s written and verbal robbery demands and handed money over to Chalan. Chalan left the scene in a vehicle that appeared to be driven another individual. The investigation into Chalan began after the FBI received a tip identifying Chalan as the bank robber.
Chalan was subsequently indicted on Oct. 7, 2015, and charged with robbing the Wells Fargo Bank located at 3301 Southern Blvd. in Rio Rancho on July 20, 2015; robbing the First National Rio Grande Bank located at 7620 Jefferson St. in Albuquerque on July 27, 2015; and robbing the Santa Fe Federal Credit Union located at 7101 Jefferson St. in Albuquerque on Aug. 3, 2015.
During today’s plea hearing, Chalan entered a guilty plea to the indictment without the benefit of a plea agreement. At sentencing, Chalan faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Rio Rancho Police Department, the Albuquerque Police Department and the Cochiti Pueblo Tribal Police Department. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
Ramah Navajo Man Sentenced to 78 Months for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE — Allen Norton, 45, an enrolled member of the Navajo Nation who resides in Ramah, N.M., was sentenced today in federal court in Santa Fe, N.M., to 78 months in prison for his voluntary manslaughter conviction. He will be on supervised release for three years after completing his prison sentence.
Norton was arrested on April 27, 2015, on a criminal complaint charging him with killing a man on April 25, 2015, by stabbing him. The crime occurred at the victim’s residence on the Navajo Indian Reservation in McKinley County, N.M.
Norton was subsequently indicted on May 12, 2015, on a voluntary manslaughter charge. On Sept. 22, 2015, Norton pled guilty to the indictment and admitted killing the victim by stabbing him with a knife.
This case was investigated by the Albuquerque office of the FBI and the Ramah Navajo Tribal Police Department. Assistant U.S. Attorney Sarah Mease prosecuted the case.
Rio Rancho Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Trevor Bianchini, 24, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., for unlawfully possessing a firearm and ammunition. Bianchini was sentenced to 40 months in federal prison followed by three years of supervised release.
Bianchini was arrested in March 2015, on a two-count indictment charging him with (1) being a felon in possession of firearms and ammunition, and (2) possession of body armor by a person who had been convicted of a felony violent crime offense. According to the indictment, Bianchini committed the offenses on May 24, 2014, in Bernalillo County, N.M. At the time, Bianchini was prohibited from possessing firearms, ammunition, or body armor because he previously had been convicted of burglary of a vehicle, conspiracy to commit burglary of a vehicle, and two counts of residential burglary.
On Aug. 18, 2015, Bianchini pled guilty to both counts of the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Jacob Wishard prosecuted the case.
Rio Arriba County Man Sentenced to Five Years for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eugene Vigil, 37, of Truchas, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction.
Vigil was arrested on May 5, 2014, on an indictment charging him with participation in a heroin trafficking conspiracy and heroin trafficking. On Aug. 27, 2015, Vigil entered a guilty plea to a heroin distribution charge and admitted distributing more than 100 grams of heroin.
In his plea agreement, Vigil admitted purchasing ten ounces of heroin in Feb. 2014, with the intention of reselling and distributing the heroin to others in and around Rio Arriba County, N.M. According to the plea agreement, on Feb. 25, 2014, law enforcement officers went to Vigil’s residence inquiring about heroin. Vigil agreed to show the officers where he kept his heroin and led them to four guardrails along New Mexico Highway 76. There Vigil showed the officers where he hid his heroin and surrendered approximately 219.9 grams of heroin to the officers.
This case was investigated by the Albuquerque office of the DEA with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Resident Alien from Mexico Sentenced to 70 Months for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Francisco Hernandez-Hernandez, 24, a resident alien from Chihuahua, Mexico, who resides in Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 70 months in prison for his heroin trafficking conviction. He will be deported after completing his prison sentence.
Hernandez-Hernandez was arrested on May 4, 2014, on an indictment charging him with participation in a heroin trafficking conspiracy and using communication devices to facilitate drug trafficking crimes. On Oct. 13, 2015, Hernandez-Hernandez entered a guilty plea to a heroin distribution conspiracy charge and admitted being a member of a heroin distribution conspiracy.
In his plea agreement, Hernandez-Hernandez admitted joining the conspiracy in Dec. 2013, and participated in its activities until April 2014. Hernandez-Hernandez acknowledged that he delivered and sold heroin provided by organizers and managers of the conspiracy. On a typical day, he sold heroin to 30 customers. Hernandez-Hernandez also provided direction and guidance to less experienced deliverymen and helped coordinate delivery of the conspiracy’s heroin.
The plea agreement states that in April 2014, Hernandez-Hernandez traveled to California at the direction of the conspiracy’s organizer. In California, Hernandez-Hernandez purchased 750 grams of heroin which was concealed in a loudspeaker box. During his return to New Mexico, he detoured to Colorado where he left the heroin in a relative’s home after learning that law enforcement authorities were investigating the conspiracy’s drug trafficking activities. Hernandez-Hernandez was subsequently detained by law enforcement authorities and the heroin he left in Colorado was surrendered to law enforcement.
This case was investigated by the Albuquerque office of the DEA with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Previously Deported Mexican National Sentenced to Five Years for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Juan Reyes-Abarca, 31, a Mexican national from Tepic, Nayarit, Mexico, illegally residing in Albuquerque, N.M, was sentenced this morning in federal court in Santa Fe, N.M., to 70 months in prison for his heroin trafficking conviction. He will be deported after completing his prison sentence.
Reyes-Abarca was arrested on April 3, 2014, on a criminal complaint charging him with unlawfully reentering the United States after being convicted of an aggravated felony. According to the criminal complaint, Reyes-Abarca was arrested in Bernalillo County, N.M., while driving another person to retrieve heroin. It further alleged that Reyes-Abarca was deported in Dec. 2006, after he was convicted on state heroin trafficking charges in Bernalillo County. Reyes-Abarca subsequently was indicted and charged with conspiracy to distribute more than 100 grams of heroin.
On May 14, 2015, Reyes-Abarca pled guilty to participating in a conspiracy to distribute heroin. In his plea agreement, Reyes-Abarca admitted that in Jan. 2014, he joined a conspiracy that acquired and distributed heroin in Bernalillo County. His role in the conspiracy was to order and obtain heroin from suppliers and he frequently “processed bulk heroin received from suppliers by ‘cutting’ or diluting the heroin with sugar or other inert substances, dividing the … heroin into smaller portions, and re-packaging the heroin into small plastic bags for further distribution.” Reyes-Abarca also admitted that he also delivered and sold heroin himself.
This case was investigated by the Albuquerque office of the DEA with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Otero County Prison Inmates Sentenced to Federal Prison for Scheme to Smuggle Drugs into Otero County PrisonRead the Press Release
ALBUQUERQUE – Two inmates who were housed at the Otero County Prison Facility (OCPF) in Chaparral, N.M., were sentenced today in federal court in Las Cruces, N.M., for their participation in a conspiracy to smuggle methamphetamine and heroin into the OCPF. Armando Lopez, 29, of Anthony, Texas, was sentenced to 84 months in prison followed by three years of supervised release, and Eric Lovato, 32, of Alamogordo, N.M., was sentenced to 70 months in prison followed by three years of supervised release.
Lopez and Lovato were two of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF. The other defendants charged with participating in the conspiracy were Luis Delgadillo, 39, of El Paso, Texas, who was a corrections officer at OCPF during the conspiracy, Ana Lopez, 26, of Albuquerque, N.M., Nancy Salas, 37, of Alamogordo, N.M., and Gary Borja, 28, of Albuquerque. All six defendants subsequently were indicted on Aug. 20, 2014, and charged with conspiracy to distribute methamphetamine and heroin from Dec. 2013 through April 26, 2014, in Otero County, N.M.
The FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF. The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who smuggled narcotics into the OCPF between Jan. 2014 and April 2014.
Lovato pled guilty to the indictment in Oct. 2015, and Armando Lopez entered a similar guilty plea in Nov. 2015. Lovato admitted recruiting Salas to smuggle drugs into the prison and deliver the drugs to Delgadillo, and Lopez admitted recruiting Ana Lopez to do the same thing. On April 26, 2014, at Lopez’s direction, Ana Lopez met with Delgadillo and gave him 25 grams of methamphetamine, 11 grams of heroin and ten Suboxone pills for Delgadillo to smuggle into OCPF.
The four co-defendants have entered guilty pleas to the indictment. On Jan. 12, 2016, Delgadillo was sentenced to 40 months in prison followed by three years of supervised release. On June 24, 2015, Ana Lopez was sentenced to 30 months in federal prison followed by two years of supervised release. Borja and Salas have yet to be sentenced.
This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Mexican Springs Man Sentenced to Twenty Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – David Castillo, 38, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., was sentenced today in federal court in Santa Fe, N.M., to 20 years in federal prison for his child sexual abuse conviction. Castillo will be on supervised release for ten years after completing his prison sentence. He also will be required to register as a sex offender.
Castillo was arrested May 17, 2015, on a two-count indictment charging him with aggravated sexual abuse of a child under the age of 12. The indictment alleged that Castillo sexually assaulted a child on a date between May 1, 2006 and Sept. 4, 2006, and again on a date between Dec. 20, 2006 and Jan. 8, 2007. He was charged with committing the two crimes on the Navajo Indian Reservation in McKinley County, N.M.
On Sept. 14, 2015, Castillo pled guilty to a two-count felony information charging him with aggravated sexual abuse. In entering his guilty plea, Castillo admitted sexually assaulting the victim in the summer of 2006, when the victim was eight years old. He also admitted sexually assaulting the victim over the Christmas holiday in 2006, when the victim was nine years old. According to the plea agreement, Castillo sexually assaulted the victim five times during the periods of time on the Navajo Indian Reservation.
This case was investigated by the Gallup office of the FBI and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Sarah Mease.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Farmington Man Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Ulibarri, 29, of Farmington, N.M., made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. Ulibarri remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.
Ulibarri was arrested yesterday by the Bureau of Alcohol, Tobacco, Firearms and Explosives for unlawfully possessing a firearm and ammunition in San Juan County, N.M., on Aug. 15, 2015. The criminal complaint alleges that on that day, officers of the Farmington Police Department responded to a restaurant in Farmington after receiving a report that Ulibarri carried a rifle into the restaurant. The officers located Ulibarri in the restaurant; he allegedly was holding a rifle, which he refused to drop despite repeated commands from the officers. The complaint alleges that an officer had to forcibly remove the rifle, which was loaded with four rounds of ammunition, from Ulibarri.
The criminal complaint states that Ulibarri was prohibited from possessing firearms or ammunition on Aug. 15, 2015, because of his status as a convicted felon. Ulibarri previously had been convicted of residential burglary, larceny and criminal damage to property in the 11th Judicial District Court for the State of New Mexico.
Ulibarri was arrested on related state charges on Aug. 15, 2015. Those charges have been dismissed in favor of federal prosecution.
If convicted of the crime charged in the criminal complaint, Ulibarri faces a maximum penalty of ten years in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Farmington Police Department, with assistance from the 11th Judicial District Attorney’s Office. Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case.
This case 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 primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including San Juan County, under this initiative.
Tohatchi Man Sentenced to Almost 23 Years in Prison for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Donald Norton, 46, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., was sentenced today in federal court in Albuquerque, N.M., for his child sex abuse conviction. Norton was sentenced to 275 months in federal prison followed by ten years of supervised release. He also was ordered to pay a $1,000 fine. Norton will be required to register as a sex offender when he completes his prison sentence.
Norton’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.
Norton was arrested on Dec. 2, 2013, on a two-count indictment alleging that he sexually abused the victim in Dec. 2009 and on a date between May 2010 and Aug. 2010. The indictment alleged that Norton committed the crimes on the Navajo Indian Reservation in McKinley County, N.M.
On May 27, 2015, Norton pled guilty to a felony information charging him with one count of aggravated sexual abuse. In entering his guilty plea, Norton admitted sexually molesting a child in Dec. 2009.
This case was investigated by the Albuquerque office of the FBI and the Navajo Nation Division of Public Safety. The case was prosecuted by Assistant U.S. Attorney Jacob Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Farmington Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Michael Graham, 43, of Farmington, N.M., was sentenced today in federal court in Albuquerque, N.M., to 46 months in prison for unlawfully possessing a firearm and ammunition. He will be on supervised release for two years after completing his prison sentence.
Graham was charged in an indictment on Aug. 26, 2014, with being a felon in possession of firearms and ammunition on Feb. 9, 2014, in San Juan County, N.M. At the time, Graham was prohibited from possessing firearms or ammunition because he had previously been convicted of accessory to bringing contraband into a jail, aggravated assault, and being a felon in possession of a firearm.
Graham pled guilty to the indictment on July 8, 2015, and admitted that on Feb. 9, 2014, he possessed a loaded pistol with an obliterated serial number in Farmington. Graham also admitted knowing he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Farmington Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Artesia Woman Pleads Guilty to Federal Money Laundering ChargeRead the Press Release
ALBUQUERQUE – Jerilyn Munoz, 28, of Artesia, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to a money laundering conspiracy charge under a plea agreement with the U.S. Attorney’s Office.
Munoz was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Munoz was arrested on Nov. 20, 2015, on an indictment charging her and seven other non-Natives with methamphetamine trafficking and money laundering offenses. The indictment charged Munoz with participation in a methamphetamine trafficking conspiracy, participation in a money laundering conspiracy, and using a communications device, a telephone, to facilitate a drug trafficking crime.
During today’s change of plea hearing, Munoz pled guilty to the money laundering conspiracy charge. In entering the guilty plea, Munoz admitted that between April 2015 and Oct. 2015, she maintained a bank account that was used by another person to deposit the proceeds of drug trafficking crimes in order to conceal the proceeds. Munoz admitted that the other person deposited approximately $25,000.00 into her bank account during that period.
At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release. Her sentencing hearing has yet to be scheduled.
Munoz is the second of the 18 federal defendants to enter a guilty plea. Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
Santa Fe Man Pleads Guilty to Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Phillip Lovato, 30, of Santa Fe, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to heroin trafficking and firearms charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and New Mexico State Police Lt. Scott McFaul, the Commander of the HIDTA Region III Drug Task Force.
Lovato was arrested by the FBI on Feb. 10, 2015, on a criminal complaint charging him with distributing heroin, possessing heroin with intent to distribute, using and carrying firearms in furtherance of drug trafficking crimes, and being a felon in possession of a firearm and ammunition. According to the criminal complaint, Lovato sold heroin to a person working with law enforcement on Oct. 23, 2014 and Nov. 4, 2014. It also alleged that Lovato unlawfully possessed more than 40 grams of heroin and a firearm on Nov. 17, 2014, and more than 670 grams of heroin on Feb. 6, 2015. It also charged him with being a felon in possession of firearm on Feb. 10, 2015.
On Feb. 25, 2015, a federal grand jury returned a seven-count indictment against Lovato charging him with two counts of distributing heroin, two counts of possession of heroin with intent to distribute, two counts of being a felon in possession of firearms and ammunition, and one count of using and carrying a firearm in furtherance of a drug trafficking crimes. According to the indictment, Lovato committed these crimes in Santa Fe County.
Today Lovato entered guilty pleas to two counts of possession of heroin with intent to distribute, one count of using a firearm in furtherance of a drug trafficking crime, and one count of being a felon in possession of a firearm. In his plea agreement, Lovato admitted selling heroin from a residence on Alta Vista Street in Santa Fe on Nov. 17, 2014. On that day, Lovato was carrying a black backpack which contained heroin and a semi-automatic pistol that he used to protect the drugs he was carrying and the proceeds from his drug sales. Lovato admitted that after completing several drug transactions at the Alta Vista Street residence, he got into a pickup truck to go to another location where he intended to continue selling heroin. When the truck was stopped by law enforcement officers, Lovato admitted that he had heroin in the truck, and the officers seized 40 grams of heroin and the semi-automatic pistol from Lovato’s backpack.
Lovato admitted in his plea agreement that he subsequently acquired another firearm and additional heroin and resumed selling heroin in and around Santa Fe, storing his heroin and cash proceeds in a storage facility in Santa Fe. On Feb. 6, 2015, law enforcement officers executed a search warrant on the storage facility where they seized 665 grams of heroin and $49,242 in proceeds from Lovato’s heroin deals.
Lovato was arrested on Feb. 10, 2015, outside a residence in Santa Fe. Lovato admitted that before his arrest, he left a semi-automatic handgun inside the residence. Following Lovato’s arrest, law enforcement officers seized the handgun when they executed a consensual search of the residence. Lovato acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Under the terms of the plea agreement, Lovato will be sentenced to ten years in federal prison to be followed by at least four years of supervised release. The plea agreement also requires Lovato to forfeit the two firearms seized from him during the investigation of the case. He also must forfeit the $49,242 seized from his storage unit in Feb. 2016. Lovato remains in federal custody pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI and the HIDTA Region III Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Timothy S. Vasquez.
The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States. The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.
Lovato, who has two prior drug trafficking convictions and an aggravated assault conviction, 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 primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Santa Fe County, under this initiative.
This case also is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Los Ranchos Woman Sentenced for Robbing Bank in Albuquerque in March 2015Read the Press Release
ALBUQUERQUE – Denise Romero, 28, of Los Ranchos, N.M., was sentenced in federal court today to 37 months in prison for robbing the New Mexico Bank & Trust branch located on 4th Street NW in Albuquerque, N.M., in March 2015. She will be on supervised release for three years after completing her prison sentence. Romero also was ordered to pay full restitution to the bank.
Romero was arrested on March 20, 2015, on a criminal complaint alleging that she robbed the New Mexico Bank & Trust branch on March 16, 2015. According to the complaint, Romero approached the bank teller with a note to the teller suggesting that Romero had a gun. Romero used the money from the bank robbery to bail her boyfriend out of jail.
Romero was indicted on April 14, 2015, and charged with bank robbery. On Aug. 11, 2015, Romero pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Albuquerque Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Amanda Andrea Wyatt, 26, of Albuquerque, N.M., pleaded guilty today in federal court to a methamphetamine trafficking charge.
Wyatt was arrested on a criminal complaint after the DEA seized approximately 2.9 kilograms (6.38 pounds) of methamphetamine from her during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 18, 2015. The methamphetamine was contained in a large bundle that was concealed underneath Wyatt’s clothing. Wyatt was subsequently indicted on Nov. 5, 2015, and charged with possession of methamphetamine with intent to distribute.
During today’s hearing, Wyatt pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering the guilty plea, Wyatt admitted that on Oct. 18, 2015, she possessed methamphetamine, which was wrapped in bundles and strapped to her midsection while traveling through Albuquerque on the Amtrak train. She further admitted that she was to be paid $3,000.00 to transport the narcotics to Kansas City, Mo.
At sentencing, Wyatt faces a maximum penalty of 20 years in federal prison. Her sentencing hearing has not yet been scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Edward Han.
Albuquerque Man Sentenced to Ten Years for Armed Robbery Spree of Albuquerque-Area Businesses in Summer of 2014Read the Press Release
ALBUQUERQUE – Jose Rodriguez, 23, of Albuquerque, N.M., was sentenced today in federal court for violating the Hobbs Act and firearms laws by robbing eight businesses involved in interstate commerce at gunpoint. Rodriguez was sentenced to ten years in prison followed by three years of supervised release.
The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.
Rodriguez was charged in March 2015, in a four-count indictment alleging that he robbed two Albuquerque-area businesses that were engaged in interstate commerce. It further alleged that Rodriguez brandished firearms during each of the two robberies. Rodriguez was arrested on April 22, 2015, after he was transferred to federal custody from state custody where he was being held on related state charges which were later dismissed in favor of federal prosecution.
Rodriguez entered a guilty plea on October 1, 2015, to a nine-count felony information charging him with violating the Hobbs Act and federal firearms laws. The first eight counts of the information charged Rodriguez with interfering with interstate commerce by robbing the following eight businesses between June 2014 and Aug. 2014:
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Papa John’s Pizza on Gibson Blvd. SE in Albuquerque on June 29, 2014;
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Twisters on Gibson Blvd SW in Albuquerque on July 5, 2014;
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Flowers Bakery on Gibson Blvd. SE in Albuquerque on July 14, 2014;
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Pump-N-Save gas station on Menaul Blvd. NE in Albuquerque on July 17, 2014;
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Krispy Kreme on Wyoming Blvd NE in Albuquerque on July 30, 2014;
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M&M Gas Station on Coors Blvd. NW in Albuquerque on Aug. 5, 2014;
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Phillips 66 Gas Station on Coors Blvd. NW in Albuquerque on Aug. 6, 2014;
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Church’s Chicken on Central Ave NW in Albuquerque on Aug. 7, 2014.
The ninth count of the information charged Rodriguez with brandishing a firearm during a crime of violence, specifically, the robbery of the Church’s Chicken on Aug. 7, 2014. In addition, in his plea agreement, Rodriguez admitted that he used a firearm, which he brandished at employees of the businesses he robbed, during seven of the eight robberies.
According to court filings, Rodriguez is addicted to heroin and claimed that he robbed people at gunpoint to feed his addiction.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.
The case was prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei Rodriguez 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 primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
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Rufus Phelps Ordered Detained Pending Trial on Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge found probable cause to support a criminal complaint charging Rufus Phelps, 25, of Albuquerque, N.M., with being a felon in possession of a firearm and ammunition. Phelps was ordered detained pending trial.
Phelps was arrested by the U.S. Marshals Service on Feb. 5, 2016, on the federal criminal complaint which alleged that he unlawfully possessed a firearm and ammunition on Feb. 4, 2016, in Bernalillo County, N.M. According to the federal criminal complaint, Phelps was arrested on state charges on Feb. 4, 2016, after Albuquerque Police Department (APD) officers observed Phelps in a parked car and recognized him from previous encounters. The officers arrested Phelps after a warrant check revealed that there was an outstanding warrant for his arrest.
At the time of his arrest by APD, Phelps allegedly possessed a loaded firearm and a “golf ball size amount of methamphetamine.” At the time, Phelps was prohibited from possessing firearms or ammunition because he previously had been convicted for the unlawful taking of a motor vehicle.
If convicted of the federal offense against him, Phelps faces a maximum sentence of ten years in federal prison. The charges against Phelps are merely accusations and he is presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the U.S. Marshals Service. Assistant U.S. Attorney Eva M. Fontanez is prosecuting the case.
The case is being prosecuted as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.