District of New Mexico
Press releases recorded for this federal judicial district.
Santa Clara Pueblo Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Leon J. Tafoya, 19, a member and resident of Santa Clara Pueblo, N.M., pleaded guilty in federal court in Albuquerque, N.M., this morning to assault charges. Under the terms of his plea agreement, Tafoya will be sentenced within the range of five to seven years in federal prison.
Tafoya was arrested on Sept. 16, 2014, on a criminal complaint charging him with assault with a dangerous weapon, assault resulting in serious bodily injury, and aggravated assault while in Santa Clara Pueblo in Rio Arriba County, N.M. According to the criminal complaint on Sept. 7, 2014, officers of the Santa Clara Pueblo Tribal Police Department responded to a call reporting an assault. Tafoya was arrested after stabbing another member of the Santa Clara Pueblo Tribe three times and assaulting a tribal police officer who was responding to the stabbing. The complaint asserted that Tafoya attempted to gain control of the officer’s service weapon while the officer was placing Tafoya under arrest.
During today’s change of plea hearing, Tafoya entered a guilty plea to a felony information charging him with possession of a firearm during a crime of violence, aggravated assault with a deadly weapon and assault resulting in serious bodily injury. Tafoya admitted that on Sept. 7, 2014, in Rio Arriba County he possessed a firearm and assaulted a victim by displaying that firearm in a threatening manner. Tafoya also admitted to assaulting another victim resulting in serious bodily injury to that victim.
Tafoya has been in federal custody since his arrest. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI, the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Roswell Man Pleads Guilty to Federal Child Exploitation ChargeRead the Press Release
ALBUQUERQUE – Jim Walter Qualls Jr., 28, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to child exploitation charges. The plea was entered without the benefit of a plea agreement. The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas.
Qualls was arrested on child pornography charges on July 31, 2014, based on a criminal complaint charging him with receipt and distribution of child pornography, possession of child pornography and enticement of a minor to engage in any sexually explicit conduct for the purpose of producing visual depiction of such conduct. The criminal conduct occurred between Oct. 2013 and Feb. 2014, in Chaves County, N.M. According to the criminal complaint, HSI agents from Las Cruces, N.M., executed a search warrant on Qualls’ residence after the location was identified by law enforcement as having an internet protocol (IP) associated with uploaded images of child pornography to the internet. HSI agents confiscated Qualls’ cell phone which allegedly contained visual depictions of minors engaged in sexual activity.
Qualls subsequently was indicted on Oct. 16, 2014, and charged with four counts of persuading and enticing a minor child to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct and transporting those images through the internet.
During today’s proceedings, Qualls pled guilty to the indictment. At sentencing, Qualls faces a statutory mandatory minimum of 15 years and a maximum of 30 years in federal prison on each of the four counts in the indictment. If the court determines that Qualls’ criminal history includes a prior conviction for a sexual offense, Qualls faces a statutory mandatory minimum of 25 years and maximum of 50 years of imprisonment on each count of the indictment. Qualls remains in custody pending a sentencing hearing which has yet to be scheduled. Qualls will be required to register as a sex offender after completing his term of imprisonment.
“The United States Attorney’s Office, together with our federal, state, local and tribal partners, will continue to prioritize cases involving the exploitation of children,” U.S. Attorney Damon P. Martinez said today. “Those dedicated to investigating and prosecuting crimes against children will continue to search out those individuals who traffic in this obscene material and bring them to justice.”
“Investigations such as these underscore HSI's resolve to engaging our law enforcement partners to search out predators who sexually exploit young children,” said Waldemar Rodriguez, Special Agent in Charge of HSI El Paso.
This case was investigated by the Las Cruces office of HSI and the Roswell Police Department. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.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/.
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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Three Albuquerque Businessmen Plead Guilty to Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Three brothers, all naturalized U.S. citizens from Armenia, entered guilty pleas in Albuquerque, N.M., to conspiring with each other to defraud the United States of corporate income tax due and owing from their jointly owned business, announced U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Hrant Kostanian, 51, Hrair Kostanian, 55, and Gayk Kostanian, 59, were indicted on Sept. 23, 2014, and charged with one count of conspiracy and four counts of tax evasion. Count 1 of the indictment charged the three brothers with conspiracy to defraud the United States of corporate taxes owed on income generated by Pro Billiards, Inc., a New Mexico corporation jointly owned by the brothers that does business as “Billiards Palace” in northeast Albuquerque. The conspiracy count also alleges that the Kostanians also evaded personal income tax due and owing on their personal incomes. The brothers are charged with evading approximately $263,600.00 in corporate taxes during tax years 2007, 2008, 2009 and 2010. More specifically, the Kostanians evaded federal taxes owed by their business by underreporting their income as follows:
Count 2 charges the Kostanians with evading $58,834.00 in federal taxes by falsely claiming that their business had $694,293.00 in taxable income in 2007 when in fact it had $906,003.00 in taxable income that year. Count 3 charges the brothers with evading $25,521.00 in federal taxes by falsely claiming that their business had $624,034.00 in taxable income in 2008 when in fact it had $773,289.00 in taxable income that year. Count 4 charges them with evading $33,810.00 in federal taxes by falsely claiming that their business had $543,224.00 in taxable income in 2009 when in fact it had $684,694.00 in taxable income that year. Count 5 charges the Kostanians with evading $10,485.00 in federal taxes by falsely claiming that their business had $476,439.00 in taxable income in 2010 when in fact it had $773,289.00 in taxable income that year.
According to the indictment, the Kostanians perpetuated their fraud against the United States by maintaining false books and records for their business in order to conceal their actual corporate income. The brothers presented the false books and records to their corporate accountant, which caused their accountant to file false corporate income taxes with the IRS. The indictment also stated that the Kostanians diverted the unreported income to their own personal use and maintained a separate accounting ledger that showed their business’s actual income.
Today, the Kostanians each entered a guilty plea to Count 1 of the indictment. In their plea agreements, the brothers admitted conspiring with each other to defraud the United States by obstructing the IRS’s ability to collect corporate income taxes owed by their business. Each admitted that they maintained false books and records that they presented to their corporate accountant for use in preparing the business’s income taxes for 2007, 2008, 2009 and 2010. They also admitted maintaining a separate accounting ledger that showed their business’s actual income. The conspiracy was discovered in Jan. 2011 and Feb. 2011, when Hrair Kostanian and Gayk Kostanian discussed the prospect of selling the business with undercover IRS agents and revealed that the business generated more income than reflected on the business’s corporate tax returns. On Feb. 23, 2011, Hrair and Gayk Kostanian showed the undercover IRS agents documents that detailed the business’s additional, unreported income.
In their plea agreements, all three brothers admitted that they evaded an aggregate of $263,600.00 in federal corporate taxes for tax years 2007 through 2010, by intentionally understating their business’s income. In addition, each of the Kostanians admitted evading his own taxes during that same period by understating his personal income. To that end, Hrant Kostanian admitted evading $33,312.00 in individual taxes; Hrair Kostanian admitted evading $20,386.00 in individual taxes; and Gayk Kostanian admitted evading $16,059.00 in individual taxes.
At sentencing, each of the Kostanian brothers faces a statutory maximum sentence of five years in prison and a fine of $250,000.00. Under their plea agreements the Kostanians will be required jointly to pay $263,600.00 in restitution to the IRS. In addition, the brothers will be required to pay restitution to the IRS as follows: Hrant Kostanian, $33,312.00; Hrair Kostanian, $20,386.00; and Gayk Kostanian, $16,059.00. Sentencing hearings have yet to be scheduled.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.
Albuquerque Barber Sentenced for Defrauding the Federal Food Stamp ProgramRead the Press Release
ALBUQUERQUE – Joshua Moya, 33, of Albuquerque, N.M., was sentenced this morning in federal court to six months in prison, or time served, followed by three years of supervised release for defrauding the Supplemental Nutrition Assistance Program, more commonly known as the “Food Stamp” Program. Moya also was ordered to pay $2,444.00 in restitution.
Moya is one of six Albuquerque residents 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, Joseph Martin Padilla, 33, conspired with Moya, Sergio Escobedo, 36, Veronica Hernandez, 44, Justin Quintana, 28, and Wilfredo Lopez, 46, 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 where he allegedly was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.
According to the indictment, 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 the New Mexico Human Services Department. 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.
Count 1 of the indictment alleges that Padilla abused his position as a Family Assistance Analyst to conspire with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits. It alleges 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. Count 2 alleges that Padilla established a fraudulent SNAP account and used the account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself. Counts 3 through 27 of the indictment allege that Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits. Counts 28 through 32 allege that 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 March 9, 2015, Moya entered a guilty plea to Count 31 of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled. In his plea agreement, Moya admitted that in early Dec. 2009, Padilla approached him while he was working in an Albuquerque barber shop and provided him with an application to obtain food stamps. Moya admitted knowing that Padilla worked for the State of New Mexico and had the ability to register him for SNAP benefits. 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.
Padilla and his four remaining co-defendants 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 was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
California Man Pleads Guilty to Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Darmarvis Marquel Lee, 30, of San Bernardino, Calif., pleaded guilty this morning in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Lee was arrested on Aug. 22, 2014, at the Amtrak Train Station in Albuquerque after a consensual search of his baggage by DEA agents revealed that he was carrying approximately 2.28 kilograms of heroin concealed in a false compartment. Lee subsequently was indicted on Sept. 9, 2014, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Lee pled guilty to the indictment. In his plea agreement, Lee admitted that on Aug. 22, 2014, while on an Amtrak train and during a stop in Albuquerque, law enforcement officers recovered two wrapped bundles containing heroin from his baggage. Lee admitted that he was paid to transport and deliver the drugs.
At sentencing, Lee faces a maximum statutory penalty of 20 years in federal prison. Lee was remanded into federal custody after entering his guilty plea. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Rumaldo Armijo is prosecuting the case.
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.
Artesia Man Sentenced for Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Angel Guadalupe Ochoa, 38, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in federal prison followed by four years of supervised release for his methamphetamine trafficking and firearms convictions.
Ochoa was arrested on Feb. 28, 2014, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Eddy County, N.M., on Feb. 20, 2014. He subsequently was indicted on May 14, 2014.
The four- count indictment charges Ochoa with distribution of methamphetamine, possession of methamphetamine with intent to distribute, possession of a firearm in relation to a drug trafficking crime, and being a felon in possession of firearms. At the time of his arrest, Ochoa was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of methamphetamine and distribution of marijuana.
Ochoa pled guilty to the indictment on July 7, 2014, and admitted that on Feb. 20, 2014, he sold approximately one ounce of methamphetamine to another person in Carlsbad, N.M. Ochoa also admitted that on Feb. 28, 2014, agents executed a search warrant at his residence where they located approximately two ounces of methamphetamine and three firearms, and that at the time of his arrest he was prohibited from possessing a firearm and ammunition because he previously had been convicted of a felony.
This case was investigated by the Las Cruces office of the DEA, the New Mexico State Police and the Pecos Valley Drug Task Force, and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Armed Career Criminal from Albuquerque Sentenced to Fifteen Years for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Anthony Barela, 56, of Albuquerque, N.M., was sentenced today in federal court to 15 years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
Barela was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Barela was arrested in Nov. 2013, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Nov. 9, 2013, in Bernalillo County, N.M. According to the criminal complaint, officers of the Albuquerque Police Department apprehended Barela at a home in northwest Albuquerque when they responded to a call reporting a residential burglary. When the officers arrived at the residence and encountered Barela, he indicated that he had a pistol in his pocket which he admitted taking from the residence. At the time, Barela was prohibited from possessing firearms or ammunition because he previously had been convicted of armed bank robbery in the U.S. District Court for the District of New Mexico and armed robbery with a deadly weapon in the 2nd Judicial District Court for the State of New Mexico in Bernalillo County.
Barela was indicted for unlawfully possessing a firearm and ammunition on Dec. 4, 2013. On Sept. 24, 2014, Barela admitted that he possessed a pistol and ammunition on Nov. 9, 2013, and that he was prohibited from doing so because he was a convicted felon.
This case was investigated by the Albuquerque offices of the Drug Enforcement Administration and 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 Jack Burkhead prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Andres Salinas, 20, of Albuquerque, N.M., pled guilty today in federal court to possessing child pornography. Under the terms of his plea agreement, Salinas will be sentenced within the range of four to six years in prison followed by not less than 15 years of supervised release. He also will be required to register as a sex offender after completing his term of imprisonment.
Salinas was arrested by Homeland Security Investigations (HSI) agents on Sept. 4, 2014, and charged in a criminal complaint with receipt and possession of visual depictions of minors engaged in sexually explicit conduct. Salinas subsequently was indicted on Sept. 23, 2014, on the same charges.
Court filings reflect that HSI initiated an investigation into Salinas in July 2014, after receiving a referral from the New Mexico Office of the Attorney General, which is a member of the New Mexico Internet Crimes Against Children (ICAC) Task Force. In July 2014, investigators identified an IP address that was being used to download and share child pornography. Subsequent investigation revealed that the IP address was subscribed to the residence in which Salinas lived. In Sept. 2014, investigators interviewed Salinas at his residence and he admitted that he had used the file sharing network to download images and videos consistent with child pornography and child erotica. Investigators seized computers, a video recorder, a cellular phone and computer-related media that contained child pornography after learning that Salinas regularly used the computer while he lived in the residence.
During today’s change of plea hearing, Salinas pled guilty possession of a matter containing visual depictions of minors engaged in sexually explicit conduct, and admitted that from July 20, 2014 through Aug. 9, 2014, he possessed visual depictions of minors engaged in sexually explicit conduct. Salinas remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of HSI, the New Mexico Office of the Attorney General and the New Mexico ICAC Task Force, and is being prosecuted by Assistant U.S. Attorney Jacob Wishard.
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.
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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Los Lunas Man Pleads Guilty to Federal Child Exploitation ChargeRead the Press Release
ALBUQUERQUE – Victor Castellon, 51, of Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child exploitation charge. Under the terms of his plea agreement, Castellon will be sentenced within the range of ten to 15 years followed by a term of supervised release to be determined by the court. Castellon will also be required to register as a sex offender.
Castellon was arrested on Feb. 11, 2015, on an indictment charging him with using a cellular telephone in an attempt to entice a minor to engage in a sexual activity. According to the indictment, Castellon committed the offense on Sept. 17 and 18, 2014, in Bernalillo County, N.M.
During today’s change of plea hearing, Castellon pled guilty to the indictment. In his plea agreement, Castellon admitted that on Sept. 17, 2014, he responded to a notice on a website that appeared to be posted by a minor, and he initiated a conversation with the minor regarding the possibility of meeting on Sept. 18, 2014, for the purpose of engaging in sexual activity. Unbeknownst to Castellon, he was communicating with an undercover law enforcement agent posing as a child. Castellon was taken into state custody when he arrived at the location where he arranged to meet the “minor.”
Castellon has been in federal custody since his arrest on Feb. 11, 2015. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Sexual Predator and Exploitation Enforcement Detail (SPEED) of Homeland Security Investigations (HSI) Albuquerque office and the Albuquerque Police Department. The case is being prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
This 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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former Union Official Sentenced to Prison for Embezzling Money from UnionRead the Press Release
ALBUQUERQUE – Leonard Bridge, 45, of Albuquerque, N.M., was sentenced this morning to 12 months in federal prison followed by three years of supervised release for his conviction for embezzling assets from a labor organization. Leonard also was ordered to pay $140,877.56 in restitution to the International Union of Elevator Constructors, Local 131 (Union).
Bridge was indicted in Feb. 2014, and charged with 20 counts of embezzlement of assets from a labor organization. According to the indictment, Bridge embezzled money belonging to the Union on 20 separate occasions between April 2009 and Aug. 2011. Bridge perpetrated his embezzlement scheme by writing checks on the Union’s bank account, making cash withdrawals with the Union’s debit card, and making cash withdrawals from the Union’s bank account. During the period charged in the indictment, Bridge was employed as the Union’s business manager.
Bridge entered a guilty plea to Count 1 of the indictment on Sept. 2, 2014. In his plea agreement, Bridge admitted while he was the Union’s business manager, he was responsible for the day-to-day operations of the Union and that his financial responsibilities included preparing and signing checks from the Union’s bank accounts, making disbursements, maintaining financial records and reporting on the Union’s finances to the Union’s board and membership.
Bridge admitted that while serving as the Union’s business manager, he embezzled Union funds for his own use. Bridge accomplished the embezzlement in a variety of ways, including paying himself excess salary, writing unauthorized checks to himself, making unauthorized purchases on the Union’s debit card, and making unauthorized cash withdrawals from the Union’s bank account. Bridge acknowledged that when he took office, the Union had approximately $106,000.00 in its general account, and when he resigned, the general account had $2,400.00.
This case was investigated by the Office of Labor-Management Standards of the U.S. Department of Labor and was prosecuted by Assistant U.S. Attorneys C. Paige Messec and Samuel A. Hurtado.
Navajo Man from Thoreau, N.M., Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Bronson Ranger, 36, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with aggravated sexual abuse. Under the terms of his plea agreement, Ranger will be sentenced in the range of 120 to 140 months in federal prison followed by a term of supervised release to be determined by the court. Ranger will be required to register as a sex offender after completing his prison sentence.
Ranger was arrested on Dec. 12, 2012, on an indictment alleging that he sexually abused a child under the age of 12 from Aug. 1, 2008 through Oct. 30, 2008. The indictment alleged that Ranger violated the young victim in a location within the Navajo Indian Reservation in McKinley County, N.M.
During today’s plea hearing, Ranger entered a guilty plea to a felony information charging him with aggravated sexual abuse. In entering his guilty plea, Ranger admitted sexually molesting the victim between Aug. 1, 2008 and Oct. 30, 2008, in McKinley County, N.M., which is within the Navajo Indian Reservation.
Ranger has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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/.
Alleged Members of Grant County Methamphetamine Trafficking Ring Arrested on Federal ChargesRead the Press Release
ALBUQUERQUE – Twelve individuals are facing methamphetamine trafficking charges as the result of a DEA-led investigation targeting a methamphetamine trafficking ring operating in Grant County, N.M. The 13-month investigation culminated this morning when all 12 defendants were arrested during an early morning law enforcement operation. The charges were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Waldemar Rodriguez of HSI’s El Paso Division, and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
The charges against the defendants are the result of an investigation that began in March 2014, and targeted a drug trafficking organization allegedly led by Daniel Lee Jacquez, 33, of Silver City, N.M., that distributed methamphetamine in Grant County, N.M. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
In announcing the charges, U.S. Attorney Damon P. Martinez said, “Today we embarked on a coordinated effort to crackdown on drug trafficking in Grant County and improve the quality of life for people who live there. Today’s arrests are part of our statewide fight against drug trafficking. The federal law enforcement community remains committed to safeguarding families throughout New Mexico.”
“In Silver City, New Mexico, DEA and its law enforcement partners made it abundantly clear that we will use all of our investigative tools and resources to keep our smaller communities safe from drug trafficking organizations that think they can go unnoticed operating in our smaller cities and towns,” said Will R. Glaspy, Special Agent in Charge of the El Paso Division of DEA. “Today’s enforcement operations mark the culmination of a 13-month investigation that will have an enormous impact on the availability of drugs in the Silver City area and help keep this community safe.”
“Grant County, like so many of New Mexico's historic, scenic areas, offers lots for residents and visitors to do, but drug trafficking should not be one of them,” said FBI Special Agent in Charge Carol K.O. Lee. “The FBI is proud to have worked with the U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, U.S. Marshals Service, and the New Mexico State Police in dismantling this drug-trafficking organization. Working with the U.S. Attorney’s Office and our federal, state and local law enforcement partners, the FBI will continue to fight the spread of harmful, illegal drugs in our communities.”
The twelve alleged members of the methamphetamine trafficking ring are charged in a 34-count indictment that alleges a drug trafficking conspiracy, a series of substantive drug trafficking offenses, and a firearms offense. Count 1 alleges that from March 2014 through April 2015, all 12 defendants conspired to distribute methamphetamine in Grant County. Eight counts charge certain defendants with distributing or possessing with intent to distribute methamphetamine, 24 counts charge certain defendants with using communications devices (telephone) to facilitate drug trafficking crimes, and one charges a defendant with being a felon in possession of a firearm. The 12 defendants will make their initial appearances in federal court tomorrow.
During today’s law enforcement operation, officers executed federal search warrants at seven residences and one business in Grant County. Together with evidence obtained during the course of the investigation, seizures to date include: approximately seven ounces of methamphetamine, several pounds of marijuana, approximately $17,000.00 in cash, 28 firearms, three vehicles and seven motorcycles.
The case was investigated by the Las Cruces offices of the DEA, HSI and FBI. The U.S. Marshals Service and the New Mexico State Police participated in today’s law enforcement operation. Assistant U.S. Attorney E. Garreth Winstead of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.
Indictment in United States v. Jacquez, et al., 15-CR-1515-RB
Summary of the Charges
Count 1 of the Indictment charges all twelve defendants with conspiracy to distribute methamphetamine. The statutory maximum penalty for a conviction on this count for two of the defendants is imprisonment for up to 20 years and fine of up to $1,000,000.00; for two other defendants is imprisonment for not less than five years or more than 40 years and a $5,000,000.00 fine; and for the eight remaining defendants is imprisonment for not less than ten years or more than life, and a $10,000,000.00 fine.
Counts 2-4, 6, 33 and 34 charge certain defendants with distributing or possessing with intent to distribute methamphetamine. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than 20 years and a $1,000,000.00 fine.
Count 5 charges two defendants with distributing five grams and more of methamphetamine. The statutory maximum penalty for a conviction on this count is imprisonment for a mandatory minimum five years and a maximum of 40 years and a $5,000,000.00 fine.
Counts 7-12 and 15-32 charge certain defendants with using a communications device (telephone) to facilitate a drug trafficking crime. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than four years and a $250,000.00 fine.
Count13 charges one defendant with possessing with intent to distribute 50 grams and more of methamphetamine. The statutory maximum penalty for a conviction on this count is imprisonment for a mandatory minimum ten years and a maximum of life and a $10,000,000.00 fine.
Count 14 charges one defendant with being a felon in possession of a firearm. The statutory maximum penalty for a conviction on this count is imprisonment for not more than ten years and a $250,000.00 fine.
Charges Against Defendants
Daniel Lee Jacquez, 33, Silver City, N.M., is charged in Counts 1, 8-11, 15-30, 32 and 33 of the indictment.
Toby Chapin Padilla, 43, Santa Clara, N.M., is charged in Counts 1, 6, 8-14 and 24 of the indictment.
Judah Grande Mondello, 30, Arenas Valley, N.M., is charged in Counts 1 through 7of the indictment.
Eric James Ruiz, 36, Arenas Valley, N.M., is charged in Counts 1 through 7 of the indictment.
Gilbert J. Moreno, 25, Silver City, N.M., is charged in Counts 1, 16, 19, 22 and 31 of the indictment.
Anthony R. Davila, 24, Silver City, N.M., is charged in Counts 1, 20 and 23 of the indictment.
Gary Lee Romero, Jr., 30, Santa Clara, N.M., is charged in Counts 1, 15, 18 and 30 of the indictment.
Crystal Medina Gomez, 49, Silver City, N.M., is charged in Counts 1, 27 and 33 of the indictment.
Kevin R. Carter, 53, Glenwood, N.M., is charged in Counts 1, 17, 21, 26, 32, and 34 of the indictment.
Lynette Medina, 41, Silver City, N.M., is charged in Counts 1 and 29 of the indictment.
Freddy J. Lucero, 46, Silver City, N.M., is charged in Counts 1, 6 and 9 of the indictment.
Bernice Holguin Miranda, 49, Silver City, N.M., is charged in Counts 1 and 24 of the indictment.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
indictment_15-cr-1515-rb.pdf
Six Albuquerque Residents Indicted on Federal Robbery, Firearms and Prescription Drug Trafficking Crimes Arising Out of Pharmacy RobberiesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden Eden, Jr., of the Albuquerque Police Department convened a press conference today to announce the filing of indictments against six individuals who allegedly robbed retail pharmacies in Albuquerque, N.M., to illegally obtain Oxycodone and other highly addictive opioid painkillers.
U.S. Attorney Damon P. Martinez opened the conference by stating, “Like many communities across the country, retail pharmacies in the Albuquerque metropolitan area recently have become targets of individuals who rob them, often at gunpoint, to obtain Oxycodone and other opioid painkillers with the intention of illegally selling the pills for profit. Here in Albuquerque and throughout New Mexico, the recent rash of pharmacy robberies is an example of why New Mexico’s violent crime and opioid abuse and overdose death rates are among the highest in the country. The federal law enforcement community is working with its state and local partners to target pharmacy robbers for federal investigation and prosecution through two federal initiatives: the Worst of the Worst Anti-Violence Initiative and the HOPE Initiative.”
“These cases illustrate how a team of federal and local law enforcement agencies can work together to put a dent in the high rate of violent crime afflicting our area. The FBI brings years of experience fighting this type of crime, along with highly trained investigators and intelligence analysts always looking at the big picture and sharing information with our partners,” said FBI Special Agent Carol K.O. Lee. “These arrests were made possible thanks to the dedication and persistence of a team of FBI Special Agents and Professional Support staff, together with the U.S. Attorney’s Office, U.S. Drug Enforcement Administration, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Bernalillo County Sheriff’s Office, Metropolitan Detention Center, and the Albuquerque Police Department.”
“DEA is committed to thoroughly investigating and arresting anyone responsible for the diversion of opioids, whether it be individuals who are prescribed these medications and divert them for personal profit, or drug organizations who think they can violently rob pharmacies to sell these drugs in our communities,” said DEA Special Agent in Charge Will R. Glaspy. “We will continue to fight this epidemic and lock up anyone trying to profit from the sale of these dangerous and highly addictive drugs.”
Four indictments charging a total of six defendants with robbing retail pharmacies in Albuquerque were filed under seal yesterday and were unsealed earlier today. The indictments charge the following Albuquerque residents with crimes arising out of retail pharmacy robberies: Roy Christopher, 28, Josephine Duran, 23, Blake Gallardo, 22, Valentin Garcia, 22, Victor Hurtado, 20, and Joseph Montano, 22. Hurtado and Montano were arrested this morning. Christopher, who is currently in state custody, will be transferred to federal custody to face the charges against him. Duran, Gallardo and Garcia have yet to be arrested and are considered fugitives.
The indictments allege violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs. The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It creates penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
Gallardo and Duran are charged in Indictment 15-CR-1504-JB, with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence; (3) violating the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violating the Safe Doses Act by theft of medical products; and (5) possession of Oxycodone with intent to distribute. The charges against Gallardo and Duran arise out of the armed robbery of a Walgreens Pharmacy on Jan. 30, 2015.
Hurtado, Montano and Garcia are separately charged in two indictments with the same five crimes as Gallardo and Duran. Hurtado and Montano are charged in Indictment 15-CR-1506-JB, based on the armed robbery of a Smith’s Pharmacy on Jan. 6, 2015, and Garcia is charged in Indictment 15CR-1505-JB, based on the armed robbery of a Walgreens Pharmacy on Jan. 6, 2015.
Christopher is charged in Indictment 15-CR-1504-JB, with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) violating the Safe Doses Act by theft of medical products; and (3) possession of Oxycodone with intent to distribute. The charges against Christopher arise out of the robbery of a CVS Pharmacy on Aug. 14, 2014.
The charges in the indictments carry the following statutory maximum penalties on conviction: Hobbs Act – 20 years of imprisonment; robbery of controlled substances – 25 years of imprisonment; Safe Doses Act – 30 years of imprisonment; possession of Oxycodone with intent to distribute – 20 years in prison. The statutory maximum penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory seven years in prison to be served consecutive to any prison sentence on the other sentence imposed on the other charges.
“The Bernalillo County District Attorney's Office has been working with the U.S. Attorney’s Office, as well as local and federal law enforcement agencies, to ensure a smooth transition of cases from the state prosecution level to the federal prosecution level. We have maintained an open flow of communication by meeting with representatives of the various agencies and offices to discuss timelines and case developments, which has been particularly necessary given the new case management rules for the district court,” said 2nd Judicial District Attorney Kari E. Brandenburg. “Our goal is to facilitate justice at any level, and we value our partnership with the U.S. Attorney's Office.”
Noting that three of the four indictments include allegations that firearms were brandished at pharmacy employees during the robberies, ATF Special Agent in Charge Thomas G. Atteberry said, “Today's indictments are an excellent example of the law enforcement partnerships we share here in New Mexico. When violent individuals are taken off the street, our communities breathe a little easier. I want to acknowledge the leadership of U.S. Attorney Damon P. Martinez and his prosecution team for their tenacity and diligence.”
“APD is working with retail pharmacies to enhance their security systems in an effort to deter pharmacy robberies, identify pharmacy robbers, and prevent the illegal distribution of prescription opioids,” said APD Police Chief Gorden Eden, Jr. “APD appreciates the support of its federal counterparts in ensuring that violent individuals do not terrorize our local businesses, and is grateful for the support and leadership of the U.S. Attorney’s Office in these efforts.”
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
These cases are being prosecuted pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The cases also are 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 and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Photographs of the fugitives, Josephine Duran, Blake Gallardo and Valentin Garcia, are attached to this press release. Anyone with information on the whereabouts of this/these fugitive(s) is asked to contact the Albuquerque FBI (24 hours) at (505) 889-1300. Tips also can be submitted online at https://tips.fbi.gov.
15-cr-1503_jb_indictment_roy_christopher.pdf 15-cr-1503_jb_indictment_roy_christopher.pdf 15-cr-1505_jb_indictment_garcia.pdf 15-cr-1506_jb_indictment_hurtado_and_montano.pdf
Prior Sex Offender from Los Alamos Sentenced to Ten Years for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Kyle Morrow, 30, of Los Alamos, N.M., was sentenced this morning in federal court to 120 months in federal prison followed by ten years of supervised release for possession of a visual depiction of a minor engaged in sexually explicit conduct. Morrow will be required to register as a sex offender after completing his prison sentence.
Morrow was arrested on federal child pornography charges on Mar. 7, 2014, based on a criminal complaint alleging possession of child pornography. At the time of his arrest, Morrow was residing in a half-way house in Albuquerque as he was transiting from a federal prison for a prior child pornography conviction. According to the criminal complaint, FBI initiated an investigation into Morrow after staff at the half-way house found child pornography on his cellular phone and confiscated the phone. The FBI seized Morrow’s phone in Feb. 2014 pursuant to a search warrant and submitted the phone for forensic examination by the New Mexico Regional Forensic Laboratory. A forensic examination revealed that Morrow’s phone contained more than 1000 images consistent with child pornography.
On Jan. 28, 2015, Morrow entered a guilty plea to a federal information charging him with possession of a visual depiction of a minor engaged in sexually explicit conduct. In his plea agreement, Morrow admitted that on Feb. 4, 2014, he possessed visual depictions of child pornography while residing in a halfway house and while still in the custody of the Bureau of Prisons completing a 37-month sentence for a prior child pornography conviction. More specifically, Morrow admitted possessing child pornography images on his cellular phone.
This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
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/.
Albuquerque Man Sentenced to Thirteen Years for Conviction on Federal Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Gilbert Gonzales, 34, of Albuquerque, N.M., was sentenced today in federal court to 156 months in prison followed by three years of supervised release for violating the Hobbs Act and federal firearms laws. The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Gonzales was arrested in June 2013, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on May 25, 2013, in Bernalillo County, N.M. According to the criminal complaint, an APD officer found a firearm and ammunition in a vehicle Gonzales was driving during a routine traffic stop. At the time, Gonzales was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses in the 2nd Judicial District Court for the State of New Mexico.
In April 2014, a federal grand jury filed a five-count superseding indictment charging Gonzales with two counts of being a felon in possession of a firearm, possession of a stolen firearm, robbing a business engaged in interstate commerce, and brandishing a firearm during a crime of violence. According to the superseding indictment, Gonzales unlawfully possessed firearms in Bernalillo County on May 25, 2013 and June 5, 2013, and unlawfully possessed a stolen firearm on May 25, 2013. It also charged Gonzales with interfering with interstate commerce by robbing a commercial business at gunpoint on May 29, 2013, and with brandishing a firearm at an employee of the business during the robbery.
On Jan. 27, 2015, Gonzales pled guilty to the armed robbery of a business engaged in interstate commerce and to brandishing a firearm during that robbery. In his plea agreement, Gonzales admitted that on May 29, 2013, he obstructed interstate commerce by robbing Southwest Communications, located at 120 San Pedro SE in Albuquerque. Gonzales further admitted brandishing a firearm at an employee of that business during the armed robbery.
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. The case was prosecuted by Assistants U.S. Attorneys David M. Walsh and Louis E. Valencia as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
***media Advisory***Read the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Assistant Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant Special Agent in Charge Mark E. Godshall of Homeland Security Investigations in Albuquerque, and Chief Gorden Eden, Jr., of the Albuquerque Police Department will hold a press conference to discuss charges recently filed pursuant to two federal initiatives TODAY, APRIL 29, 2016 AT 1:00 P.M. at the U.S. Attorney’s Office. No further information will be released until the press conference.
WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico
Special Agent in Charge Carol K.O. Lee, FBI’s Albuquerque Division
Special Agent in Charge Will R. Glaspy, DEA’s El Paso Division
Assistant Special Agent in Charge Mark Murray, ATF’s Phoenix Division
Assistant Special Agent in Charge Mark E. Godshall, HSI Albuquerque
Police Chief Gorden Eden, Jr., APD
WHAT: Announcement of charges filed under two federal initiatives
WHEN: WEDNESDAY, APRIL 29, 2015, 1:00 P.M.
WHERE: U.S. Attorney’s Office
10th Floor Multi-Media Room (Reception on 9th Floor)
201 Third Street NW
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 12:45 pm. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
Pinedale Man Sentenced to Ten Years in Prison for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Alvin Charley, 36, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., was sentenced today in Albuquerque, N.M., to 120 months in federal prison followed by three years of supervised release for his voluntary manslaughter conviction.
According to court filings, Charley killed another Navajo man on Aug. 15, 2014, by stabbing him in the chest. The crime occurred on the Navajo Indian Reservation in McKinley County, N.M., during a fight between Charley and the victim.
On Jan. 28, 2015, Charley pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Charley admitted stabbing the victim in the chest during a fight that began after the two men had been drinking alcohol and arguing.
This case was investigated by the Albuquerque and Gallup offices of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
North Carolina Man Sentenced in New Mexico for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Travis Lavar Clark, 35, of Raleigh, N.C., was sentenced today in federal court in Las Cruces, N.M., to 51 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction. Clark’s crime of conviction involved possession of more than 750 grams of methamphetamine with intent to distribute.
Clark was arrested on Feb. 20, 2014, in El Paso, Texas, on an indictment filed in the U.S. District Court for the District of New Mexico on Feb. 19, 2014, charging him with possession of methamphetamine with intent to distribute on Nov. 12, 2013, in Doña Ana County, N.M.
On June 10, 2014, Clark pled guilty to the indictment and admitted that on Nov. 12, 2013, law enforcement officer found approximately 757.34 grams of methamphetamine and drug paraphernalia in the trunk of the vehicle he was driving. Clark also admitted that he was being paid to take the methamphetamine from El Paso to open up a “store” in Las Cruces to sell the methamphetamine.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’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.
Las Cruces Man Sentenced to Federal Prison for Possessing Child PornographyRead the Press Release
ALBUQUERQUE – Juan C. Rodriguez, 36, of Las Cruces, N.M., was sentenced in Las Cruces federal court this morning for his child pornography conviction. Rodriguez was sentenced to 37 months in federal prison to be followed by seven years of supervised release. He will be required to register as a sex offender after he completes his prison sentence.
Rodriguez was arrested on April 23, 2014, by the FBI on an indictment charging him with possession of matter containing visual depictions of minors engaged in sexually explicit conduct. The indictment alleged that Rodriguez possessed child pornography in Doña Ana County, N.M., between June 2013 and Aug. 2013.
On Aug. 12, 2014, Rodriguez pled guilty to the indictment and admitted that between June 6, 2013 and Aug. 22, 2013, he used a computer and computer-related media to download child pornography using a peer-to-peer network. Rodriguez acknowledged that law enforcement officers executed a search warrant at his residence on Aug. 22, 2013, and seized his computer and computer-related media. He further acknowledged that a forensic examination of those items uncovered approximately 30 still images and five videos consistent with child pornography.
This case was investigated by the Las Cruces office of FBI and the Regional Computer Forensics Laboratory with assistance from the Denver office of the FBI. The case was prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office.
This case was prosecuted 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/.
Las Cruces Man Pleads Guilty to Federal Narcotics Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Ronald Lee Gore, 30, of Las Cruces, N.M. entered a guilty plea yesterday in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges. The guilty plea was entered without the benefit of a plea agreement.
Gore and his co-defendant Marcus Dupre, 27, of Phoenix, Ariz., were charged in a criminal complaint on Oct. 6, 2014, with methamphetamine trafficking and firearms offenses. Gore, Dupre, Jose Miramontes, 35, and Ramona Baca, 30, both of Las Cruces, N.M., were subsequently indicted on Dec. 10, 2014.
The indictment charged Gore with three counts of conspiracy to distribute methamphetamine, three counts of distribution of methamphetamine, conspiracy to possess a fully automatic machinegun, possession of a machinegun, and being a felon in possession of firearms. At the time, Gore was prohibited from possessing firearms or ammunition because he previously had been convicted of theft in the first degree and burglary in the second degree. Gore was charged with committing these crimes between April 22, 2014 and Oct. 2, 2014, in Doña Ana County, N.M.
Dupre pled guilty on Jan. 20, 2015, to distribution of methamphetamine and conspiracy to distribute methamphetamine, and admitted that on Oct. 2, 2014, he conspired with Gore to sell methamphetamine to an undercover federal agent in exchange for a fully automatic machinegun. He remains in custody pending a sentencing hearing which has yet to be scheduled.
The indictment was superseded on Feb. 18, 2015, to add an extra count charging Miramontes with being a felon in possession of a firearm and ammunition on Dec. 15, 2014, in Doña Ana County. At the time, Miramontes was prohibited from possessing firearms or ammunition because he previously had been convicted of residential burglary.
During yesterday’s plea hearing, Gore pled guilty to the superseding indictment without the benefit of a plea agreement. At sentencing, Gore faces a statutory penalty of not less than five years and a maximum of 40 years in federal prison followed by at least four years of supervised release.
Miramontes and Baca have entered pleas of not guilty to the indictment. A trial has yet to be scheduled. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces offices of the FBI and DEA and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Crownpoint Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Ferlin Platero, 49, of Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., for failing to comply with the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Platero was arrested on Dec. 17, 2014, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Jan. 8, 2015, Platero was indicted for failing to update his registration between July 1, 2014 and Dec. 9, 2014, in McKinley County, N.M.
According to court filings, Platero was convicted of aggravated sexual abuse in Nov. 1993. On Feb. 24, 2004, he registered as a sex offender in the State of Arizona and agreed to notify the sheriff of the county to which he moved if he were ever to move out of the county. Platero last registered as a sex offender on Oct. 26, 2012, in Ariz., and subsequently failed to notify the New Mexico Department of Public Safety or the Navajo Nation Division of Public Safety that he was required to register as a sex offender when he moved to New Mexico
Today Platero pled guilty to a felony information charging him with failing to update his registration in McKinley County, N.M. He entered the guilty plea without the benefit of a plea agreement. At sentencing, Platero faces a maximum of ten years in federal prison. He will be required to register as a sex offender following his term of incarceration.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Sarah Mease.
Albuquerque Man Pleads Guilty to Federal Synthetic Drug Trafficking ChargeRead the Press Release
ALBUQUERQUE –Sabah Al-Washah, 48, of Albuquerque, N.M., entered a guilty plea in federal court this morning to a “spice” trafficking charge. His plea agreement requires the imposition of a prison sentence in the range of 48 to 60 months. Sabah Al-Washah is one of three men arrested in the District of New Mexico in May 2014, as part of Project Synergy Phase II, a nationwide investigative effort by the DEA, Customs and Border Protection, Homeland Security Investigations, FBI, IRS and other federal, state, and local partners. Project Synergy Phase II targeted every level of the dangerous global synthetic designer drug market. From Jan. 2014 through May 2014, nationwide enforcement operations took place targeting the drug trafficking organizations that have operated in communities across the country.
Sabah Al-Washah and his co-defendants, Iman Al-Washah, 24, and Amjad Al-Washah, 26, also of Albuquerque, were charged with “spice” trafficking charges in criminal complaints. Sabah Al-Washah, the owner of Carlos’ Smoke Shop, was charged with conspiracy and aiding and abetting the distribution of a controlled substance analogue based on a sale of synthetic cannabinoid to an undercover officer at the smoke shop on Jan. 7, 2014. Sabah Al-Washah also was charged with maintaining drug-involved premises. Amjad Al-Washah was charged with distribution of a controlled substance analogue based on his sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop at 806 Old Coors Drive SW in Albuquerque on Dec. 4, 2013. Iman Al-Washah was charged with conspiracy and distribution of a controlled analogue based on his participation in the sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop on Jan. 7, 2014.
The three men subsequently were charged in a four-count indictment filed on May 21, 2014. Count 1 charged the three men with conspiracy to distribute a controlled substance analogue from Dec. 4, 2013 through May 7, 2014. Count 2 charged Sabah Al-Washah and Amjad Al-Washah with distributing a controlled substance analogue on Dec. 4, 2013. Count 3 charged Sabah Al-Washah and Iman Al-Washah with distributing a controlled substance on Jan. 7, 2014, and Count 4 charged Sabah Al-Washah with maintaining a place, Carlos Smoke Shop, for the purpose of manufacturing, distributing, and using a controlled substance analogue. The indictment also called for the forfeiture of multiple vehicles and cash obtained through the drug offenses charged in the indictment.
During today’s proceedings, Sabah Al-Washah pled guilty to Count 3 of the indictment and admitted that Iman Al-Washah and he sold 30 packets of “spice” to an undercover law enforcement officer. Under the terms of his plea agreement, Sabah Al-Washah will be sentenced to a prison term in the range of 48 to 60 months, and will be required to forfeit a 2011 Cadillac, a 2012 Camaro, a 2013 Dodge Viper, a 2008 Lamborghini, a 2004 Dodge Viper, a 2005 Cadillac and a 2011 Camaro. His sentencing date has yet to be scheduled.
Amjad Al-Washah pled guilty on Feb. 11, 2015, to Count 2 of the indictment and admitted that on Dec. 4, 2013, he sold ten packets of “spice” to an undercover law enforcement officer for $200.00 at Carlos’ Smoke Shop. At his sentencing hearing, which has not been scheduled, Amjad Al-Washah faces a statutory maximum penalty of 20 years in federal prison followed by a minimum of three years of supervised release.
Iman Al-Washah pled guilty on April 9, 2015, to Count 3 of the indictment, and admitted that he sold 30 packets of “spice” along with Sabah Al-Washah to an undercover law enforcement officer. At his sentencing hearing, which has not be schedule, Sabah Al-Washah will be sentenced to zero to six months in federal prison followed by a term of supervised release to be determine by the court.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz.
The controlled substance analogues charged in the complaints and 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.
Shiprock Man Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Dexter Dez, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his assault conviction. Dez was sentenced to a 37 month term of incarceration followed by three years of supervised release.
Dez was arrested on July 11, 2013, on a criminal complaint charging him with assaulting a non-Indian man on May 17, 2013, at a residence in Two Gray Hills, N.M., which is within the Navajo Indian Reservation. Dez subsequently was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.
According to court filings, on the night of May 17, 2013, an intoxicated Dez entered the victim’s residence and punched him in the left eye with a box cutter. Dez then fled from the residence. The victim’s eyelids were severed as a result of the assault and the victim required surgery to repair his eyelid.
Dez entered a guilty plea to the indictment on April 17, 2014, without the benefit of a plea agreement.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Navajo Man from Sanostee Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Milton Washburn, 29, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault charges. Under the terms of his plea agreement Washburn will be sentenced to 46 months in federal prison followed by a term of supervised release to be determined by the court.
Washburn was arrested on Oct. 23, 2014, on a criminal complaint charging him with assaulting another Navajo man on Oct. 19, 2014, by running over the victim with a vehicle. Court filings reflect that officers of the Navajo Nation Division of Public Safety responded to a call reporting that the victim had been deliberately run over by a vehicle and was seriously injured. The victim was taken to the hospital where he received medical treatment for a number of internal injuries, including rib fractures, a collapsed lung, a damaged liver, and a spinal fracture.
On Nov. 5, 2014, Washburn was indicted and charged with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury. According to the indictment, Washburn committed these crimes within the Navajo Indian Reservation in San Juan County, N.M.
During today’s proceedings, Washburn pled guilty to one count of assault resulting in serious bodily injury and admitted that on Oct. 19, 2014, he ran over the victim with a vehicle after he engaged in an altercation with the victim. Washburn acknowledged that the victim suffered multiple injuries as a result of the assault.
Washburn has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez are prosecuting this case.
Multi-Agency Investigation Dismantles Marijuana Distribution Ring Operating in Southeastern New Mexico and West TexasRead the Press Release
ALBUQUERQUE – Twelve individuals are facing drug trafficking and money laundering charges as the result of a multi-agency investigation targeting marijuana traffickers and money launderers operating in southeastern New Mexico and west Texas. The investigation culminated this morning when ten of the defendants were arrested during an early morning law enforcement operation led by the DEA. Teams of federal, state, county and local law enforcement officers participated in the operation that included arrests in five cities and towns in New Mexico and Texas. The operation also included the execution of federal search warrants at six residences in Texas and one residence in New Mexico.
The results of the investigation were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
The charges against the defendants, which are contained in three separate federal indictments, are the result of an investigation that began in Oct. 2014, and initially targeted a marijuana trafficking organization allegedly led by Rodolfo Lopez, 31, of El Paso, Texas, that allegedly transported marijuana from El Paso to Chaves County, N.M., and Lubbock, Texas. The investigation expanded to include two smaller drug trafficking organizations that allegedly transported marijuana to Lubbock, Texas, through Chaves County and Eddy County, N.M. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
During the course of the investigation, law enforcement officers seized approximately 75 pounds of marijuana and $22,166.00 in cash. In addition, during today’s arrest operation, law enforcement officers seized approximately 40 pounds of marijuana, approximately $70,000 in cash, 14 vehicles, including a motorcycle and an ATV, and 16 firearms, including one reported stolen.
In announcing the results of the investigation, U.S. Attorney Damon P. Martinez said, “The indictments announced today should serve as a reminder that marijuana is a dangerous drug and the illegal distribution and sale of marijuana is a serious crime. The Justice Department continues to enforce the drug trafficking laws particularly when illegal marijuana trafficking provides a significant source of revenue for drug trafficking organizations.”
“Today’s arrests in El Paso and Lubbock, Texas, as well as Roswell, New Mexico are another excellent example of the ongoing collaboration between DEA and our federal, state and local law enforcement partners,” said Will R. Glaspy, Special Agent in Charge of the El Paso Division of DEA. “Criminal organizations should reconsider whether they can conduct their illegal activities undetected in our southern New Mexico and West Texas communities. The law enforcement community is committed to rooting out and dismantling these organizations so that they are no longer free to spread its poison in our neighborhoods.”
“It takes a lot of hard work, cooperation, and coordination to take down a multi-state drug trafficking organization with each agency contributing its own valuable knowledge and skills to the investigation” said Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of Internal Revenue Service Criminal Investigation.
Ten of the alleged members of the marijuana importation and distribution ring are charged in a 42 count indictment that alleges drug trafficking and money laundering conspiracies and a series of drug and money laundering substantive offenses. Count 1 of the indictment alleges that from Nov. 2014 through April 2015, all ten defendants participated in a marijuana trafficking conspiracy pursuant to which they distributed in excess of 100 kilograms of marijuana in Chaves County and other places. Count 2 charges six defendants with participating in a conspiracy to launder the proceeds of their alleged marijuana trafficking activities. Counts 3 and 4 of the indictment allege that certain defendants maintained premises in Roswell, N.M., for the purpose of storing marijuana. Three defendants are charged with using a communications facility, telephones, to further the commission of drug trafficking crimes. Twenty-six counts charge certain defendants with drug trafficking crimes and two counts charge certain defendants with money laundering.
Five defendants, including two charged in the ten-defendant indictment, are charged in a separate indictment with participating in a separate marijuana trafficking conspiracy. The indictment alleges that between March 1, 2015 and March 24, 2015, the four defendants conspired to commit a marijuana trafficking crime in Chaves County. It also charges the four defendants with possessing marijuana in Eddy County on March 23, 2015, with the intention of distributing it to others.
A third indictment charges three defendants, including one charged in the ten-defendant indictment, with conspiracy to commit a marijuana trafficking crime in Eddy County between Feb. 12, 2015 and Feb. 26, 2015. Two of the defendants are also charged with possession of marijuana in Eddy County on Feb. 26, 2015, with the intention of distributing it to others.
These cases are the result of an investigation by the Las Cruces offices of the DEA and IRS Criminal Investigation, the Hatch Police Department, the Sunland Police Department, the Chaves County Metro Narcotics Task Force, the Pecos Valley Drug Task Force, the Eddy County Sheriff’s Office. The El Paso office of the U.S. Attorney’s Office for the Western District of Texas and the Lubbock office of the U.S. Attorney’s Office for the Northern District of Texas assisted in the investigation. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting these cases.
The following additional law enforcement agencies participated in today’s law enforcement operation: the El Paso Division of the DEA, the U.S. Border Patrol, the Roswell Police Department, and the Lubbock Police Department.
The Chaves County Metro Narcotics Task Force is comprised of officers and investigators from the Chaves County Sheriff’s Office and the Roswell Police Department, and the Pecos Valley Drug Task Force is comprised of officers and investigators from the Artesia Police Department, Carlsbad Police Department, Eddy County Sheriff’s Office, FBI, HSI, the Probation and Parole Division of the New Mexico Corrections Department and the 5th Judicial District Attorney’s Office. Both Task Forces are part of the New Mexico HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Indictment in United States v. Lopez, et al., 15-CR-1415-RB
Summary of the Charges
Count 1 of the Indictment charges all ten defendants with conspiracy to possess marijuana with intent to distribute. The statutory maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5,000,000.00 fine.
Count 2 charges six defendants with conspiracy to launder money. The statutory maximum penalty for a conviction on this count is imprisonment for not more than 20 years and a $250,000.00 fine.
Counts 3 and 4 charge certain defendants with managing or controlling a residence for the purpose of storing a controlled substance. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than 20 years and a $500,000.00 fine.
Counts 5, 9, 10, 12, 16, 17, 20, 24, 29 and 35 charge certain defendants with using a communications device (telephone) to facilitate a drug trafficking crime. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than four years and a $250,000 fine.
Counts 6, 8, 11, 13, 15, 18, 21, 23, 25, 27, 28, 30, 32-34, 36, 38, 39 and 41 charge certain defendants with possession of marijuana with intent to distribute. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Counts 7, 14, 22, 26, 31, 37 and 40 charge certain defendants with distribution of marijuana. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Counts 19 and 42 charge certain defendants with money laundering. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than 20e years and a $250,000.00 fine.
Charges Against Defendants
Rodolfo Lopez, 31, of El Paso, Texas, is charged in Count 1 of the indictment. Lopez has yet to be arrested and is considered a fugitive.
Mayra Elizabeth Martinez-Giron, 24, of El Paso, Texas, is charged in Count 1 of the indictment. Martinez-Giron was arrested in El Paso.
Christian Hugo Contreras, 32, of El Paso, Texas, is charged in Counts 1, 2, 5, 6, 9, 10, 11, 12, 13, 17, 18, 20, 21, 24, 25, 28, 29, 30, 34, 35, 36, 39 and 42 of the indictment. Contreras was arrested in El Paso. Contreras also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Jesus Noe Lopez-Tellez, 34, of Wolfforth, Texas, is charged in Counts 1, 2, 3 and 19 of the indictment. Contreras was arrested in El Paso. Lopez-Tellez also is charged in the indictments filed in United States v. Lopez-Tellez, et al., 15-CR-1416-RB and United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Hugo Alejandro Lopez-Tellez, 27, of Roswell, N.M., Texas, is charged in Counts 1, 2, 3, 5, 7, 9, 10, 12, 14, 16, 17, 20, 22, 24, 26, 29, 31, 35, 37, 40 and 42 of the indictment. Lopez-Tellez was arrested in Roswell.
Andrew Ocanas Garza, 37, of Lubbock, Texas, is charged in Count 1 of the indictment. Garza was arrested in Lubbock. Garza also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1416-RB.
Douglas K. Mayes, 52, of Roswell, N.M., is charged in Counts 1, 4, 8, 15, 16, 23, 27, 32, 38, 41 and 42 of the indictment. Mayes was arrested in Roswell.
Claudia Berenice Hernandez, 33, of El Paso, Texas, is charged in Counts 1, 2, 6, 11, 13, 18, 19, 21, 25, 28, 30, 34, 36, 39 and 42 of the indictment. Hernandez was arrested in El Paso. Hernandez also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Omar Ortiz, 44, of El Paso, Texas, is charged in Counts 1, 2, 6, 11, 13, 18, 19, 21, 25, 28, 30, 34, 36, 39 and 42 of the indictment. Ortiz was arrested in El Paso. Ortiz also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Arthur Luna, 46, of Roswell, N.M., Texas, is charged in Counts 1 and 33 of the indictment. Lopez-Tellez was arrested in Roswell.
Indictment in United States v. Lopez-Tellez, et al., 15-CR-1416
Charges and Defendants
Count 1 of the indictment charges all three defendants with conspiracy to possess marijuana with intent to distribute, and Count 2charges two of the defendants with possession of marijuana with intent to distribute. The maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Jesus Noe Lopez-Tellez, 34, of Wolfforth, Texas, is charged in both counts of the indictment. Lopez-Tellez was arrested in Wolfforth. Lopez-Tellez also is charged in the indictments filed in United States v. Lopez-Tellez, 15-CR-1415-RB, and United States v. Lopez-Tellez et al., 15-CR-1417-RB.
Andrew Ocanas Garza, 37, of Lubbock, Texas, is charged in Count 1of the indictment. Garza was arrested in Lubbock. Garza also is charged in the indictment filed in United States v. Lopez et al., 15-CR-1415-RB.
Antonio Arreola-Herrera, 31, of El Paso, Texas, is charged in both counts of the indictment. Arreola-Herrera was arrested in El Paso.
Indictment in United States v. Lopez-Tellez, et al., 15-CR-1417
Charges and Defendants
Counts 1 and 2 of the indictment charge all four defendants with conspiracy to possess marijuana with intent to distribute and possession of marijuana with intent to distribute. The maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Emmanuel Lopez-Tellez, 31, a Mexican citizen residing in Ciudad Juarez, Mexico, has yet to be arrested and is considered a fugitive.
Jesus Noe Lopez-Tellez, 34, of Wolfforth, Texas, was arrested in Wolfforth. Lopez-Tellez also is charged in the indictments filed in United States v. Lopez, et al., 15-CR-1415-RB, and United States v. Lopez-Tellez et al., 15-CR-1416-RB.
Christian Hugo Contreras, 32, of El Paso, Texas, was arrested in El Paso. Contreras also is charged in the indictment filed in United States v. Lopez, et al., 15-CR-1415-RB.
Omar Ortiz, 44, of El Paso, Texas, was arrested in El Paso. Ortiz also is charged in the indictment filed in United States v. Lopez, et al., 15-CR-1415.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Photographs of the fugitives, Rodolfo Lopez and Emmanuel Lopez-Tellez, are attached to this press release. Anyone with information on the whereabouts of either of the fugitives is asked to call the DEA at 575-526-0700.
indictment_15cr1415.pdf indictment_15cr1416.pdf indictment_15cr1417.pdf photos_of_fugitives.pdf
Albuquerque Man Sentenced to Two Years for Federal Identity Theft ConvictionRead the Press Release
ALBUQUERQUE – David William Welbig, 66, of Albuquerque, N.M., was sentenced today in federal court to two years in prison followed by two years of supervised release for his aggravated identity theft conviction. The conviction arose out of his efforts to evade arrest on interstate transportation of stolen securities charges filed in April 1991 in the U.S. District Court for the District of Colorado.
Welbig was indicted on Nov. 4, 2014, and charged with using a fraudulently obtained passport and aggravated identity theft. The indictment alleged that in July 2014, Welbig concealed his identity and sought to evade arrest by using a passport issued to a person who was deceased. It also alleged that Welbig committed an aggravated identity theft offense by using a passport issued in the name of another person. Welbig was charged with committing these offenses in Bernalillo County, N.M.
On Feb. 19, 2015, Welbig pled guilty to Count 2 of the indictment, charging him with aggravated identity theft. In entering his guilty plea, Welbig admitted using the identification information of a deceased person to obtain a U.S. passport to evade arrest on an outstanding indictment and arrest warrant issued in the District of Colorado in 1991.
The indictment filed against Welbig in the District of Colorado was transferred to the District of New Mexico in Sept. 2014. In Oct. 2014, Welbig entered guilty pleas to all three counts of interstate transportation of stolen securities in the indictment.
This case was investigated U.S. Department of State’s Diplomatic Security Service and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Albuquerque Man Pleads Guilty to Trafficking Methamphetamine in Lea CountyRead the Press Release
ALBUQUERQUE – Michael Boyd, 40, of Albuquerque, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to trafficking methamphetamine in Lea County, N.M.
Boyd was arrested in Hobbs, N.M., on Feb. 20, 2015, after law enforcement officers seized 174 grams of methamphetamine, 110 grams of marijuana, 70 grams of heroin, drug paraphernalia and a handgun from the vehicle Boyd was driving.
During today’s change of plea hearing, Boyd pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty pleas, Boyd admitted that on Feb. 20, 2015, officers found 174 grams of methamphetamine, 70 grams of heroin and a firearm in the rental car he was driving. Boyd also admitted that he intended to distribute the methamphetamine and heroin in Hobbs.
At sentencing, Boyd faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by a minimum of four years of supervised release. He remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the Lea County Drug Task Force and is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Ring Leader of Methamphetamine Trafficking Ring in San Juan County Sentenced to 114 Months in Federal PrisonRead the Press Release
ALBUQUERQUE – Isaac Anaya, 31, of Farmington, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., for trafficking methamphetamine in San Juan County, N.M. Anaya will serve a 114 month prison sentence followed by three years of supervised release.
Anaya is one of 29 individuals charged in Feb. 2014, with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Thirteen of the defendants, including Anaya were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
Anaya was sentenced today based on his guilty plea to Count 1 of the indictment, which charged him and his co-defendants with conspiracy to distribute methamphetamine in San Juan County from May 28, 2013 through Sept 25, 2013.
U.S. Attorney Damon P. Martinez commended HSI and the local law enforcement agencies that comprise the HIDTA Region II Narcotics Task Force Metro Narcotics Task Force on the outstanding results of their investigation and said, “The convictions obtained as a result of this investigation illustrate the success of our District’s federal, state and local law enforcement collaboration in rooting out drug traffickers whether they operate in large communities or in rural counties.”
“Trafficking methamphetamine, as indicative of this sentence, is a serious crime,” said Waldemar Rodriguez, HSI Special Agent in Charge, El Paso, Texas. “HSI and its law enforcement partners will continue to work diligently to get this hideous, addictive drug and the callous criminals who distribute it out of our communities.”
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, the HIDTA Region II Narcotics Task Force, the Bloomfield Police Department, the Farmington Police Department and the Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II 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.
Kirtland Man Sentenced to 108 Months in Federal Prison for Trafficking Methamphetamine in San Juan CountyRead the Press Release
ALBUQUERQUE – Felix Trujillo, 52, of Kirtland, N.M., was sentenced late yesterday afternoon in Albuquerque, N.M., to 108 months in federal prison followed by four years of supervised release for his conviction on methamphetamine trafficking charges.
Trujillo was arrested on Oct. 28, 2014, on an indictment charging him with possession of methamphetamine with intent to distribute it in San Juan County, N.M., on July 28, 2014.
On Dec. 10, 2014, Trujillo pled guilty to the indictment and admitted that on July 28, 2014, he possessed more than 50 grams of methamphetamine with the intent to distribute it to other people.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the HIDTA Region II Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
The HIDTA Region II 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.
Anthony, N.M., Man Sentenced to Federal Prison for Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Fernando Garcia, 30, of Anthony, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 46 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Garcia and his co-conspirator Eddie Velarde-Carmona, 34, of San Luis, Ariz., were arrested on May 8, 2014, after attempting to sell methamphetamine to undercover FBI agents. According to the criminal complaint, Garcia and Velarde-Carmona had previously sold approximately 564 grams of methamphetamine to the undercover agent for $8,000.00 on April 17, 2014. On the date of the arrest, FBI agents uncovered approximately 1019 grams of methamphetamine in Garcia’s vehicle.
The two men were subsequently indicted on Aug. 20, 2014. Garcia and Velarde-Carmona were charged with conspiracy to distribute methamphetamine, distribution of methamphetamine and possession of methamphetamine. Velarde-Carmona also was individually charged with possession of methamphetamine with intent to distribute.
Garcia pled guilty to a felony information on Oct. 28, 2014, and admitted that on April 17, 2014, he and Velarde-Carmona sold approximately 564 grams of methamphetamine to an undercover law enforcement agent, and on May 8, 2014, the two men agreed to sell a kilogram of methamphetamine to the undercover agent but was arrested prior to the transaction. He further admitted that officers found approximately 1019 grams of methamphetamine mixture in his vehicle.
Velarde-Carmona pled guilty on Dec. 19, 2014, to the indictment. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’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.
Two Arizona Men and a Mexican National Sentenced in New Mexico for Marijuana Trafficking and Firearms ConvictionsRead the Press Release
ALBUQUERQUE – Two Arizona men and a Mexican national illegally in the United States were sentenced today in federal court in Las Cruces, N.M., for violating the federal narcotics and firearms laws.
Jonathan Gordon Marsh, 28, of Gilbert, Ariz., and Jason Daniel Smith, 27, of Apache Junction, Ariz., were sentenced based on their guilty pleas to marijuana trafficking and firearms charges. Marsh was sentenced to 61 months in prison followed by two years of supervised release, and Smith was sentenced to 68 months in prison followed by two years of supervised release. Hector Severiano-Borja, 24, of Cuauhtemoc, Mexico, was sentenced to 57 months in federal prison for his conviction on marijuana trafficking charges and his illegal re-entry into the United States. He will be deported following his prison sentence.
Marsh, Smith, and Severiano-Borja were charged on March 17, 2014, in a criminal complaint with conspiracy to possess marijuana with intent to distribute. Court records reflect that during a routine traffic stop on March 14, 2014, the Lordsburg Police Department and U.S. Border Patrol agents recovered approximately 95 pounds of marijuana and three firearms from the vehicle driven by Marsh and in which Smith and Severiano-Borja were passengers. The complaint alleged that Marsh and Smith had been hired by an individual in Mesa, Ariz., to pick up Severiano-Borja and the marijuana from milepost 33 on Interstate 10 in Hidalgo County, N.M.
Marsh and Severiano-Borja were subsequently charged on June 18, 2014, in a five-count indictment. The two men were charged with conspiracy to distribute marijuana. The indictment also charged Marsh with possession of marijuana with intent to distribute; carrying a firearm in relation to a drug trafficking crime; and transporting an illegal alien, and Severiano-Borja with illegal re-entry into the United States.
Severiano- Borja entered a guilty plea in July 2014, to the conspiracy and the unlawful reentry charges in the indictment without the benefit of a plea agreement. Marsh pled guilty on Sept. 3, 2014, to a felony information charging him with a marijuana trafficking conspiracy and carrying a firearm during and in relation to a drug trafficking crime. In entering the guilty plea, Marsh admitted that on March 14, 2014, Smith and he entered into an agreement with others to transport bundles of marijuana with the help of Severiano-Borja who had carried the marijuana from Mexico into the United States. He also admitted carrying a firearm for protection.
Smith pled guilty in a separate case on June 17, 2014, to a felony information charging him with conspiracy to possess marijuana with intent to distribute and carrying a firearm during and in relation to a drug trafficking crime. He admitted conspiring with Smith on March 14, 2014, to transport marijuana from Mexico to the United States, with the help of Severiano-Borja. Smith also admitted the he carried a firearm for protection.
This case was investigated by the Deming office of Homeland Security Investigations, the U.S. Border Patrol and the Lordsburg Police Department, and was prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.
Santa Fe Man Sentenced to Prison for Violating Federal Tax LawsRead the Press Release
ALBUQUERQUE – Andre Lewis, 34, of Santa Fe, N.M., was sentenced this morning in federal court to 30 months in prison followed by three years of supervised release for his conviction on federal tax offenses. Lewis also was ordered to pay $118,470.76, less any money already repaid by other tax payers, in restitution to the IRS. The sentence was announced by U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Lewis was arrested on May 8, 2014, on an eleven-count indictment. Count 1 of the indictment charged Lewis with conspiracy to defraud the IRS, and Count 2 charged him with making a materially false statement to a federal officer. Counts 3 through 11 charged Lewis with preparing and aiding and abetting the preparation and filing of false tax returns. Lewis committed the offenses between Feb. 2009 and Aug. 2009 in Bernalillo, County, N.M.
According to the indictment, from Feb. to July 2009, Lewis conspired with others to defraud the IRS by preparing and filing fraudulent claims for tax refunds. Lewis and his co-conspirators perpetuated the scheme by obtaining the names, identifiers and W-2 Forms for federal taxpayers, and using that information to electronically file federal income tax returns included either false claims for the First Time Home Buyer Credit or false withholding information. Lewis and his conspirators thus obtained tax refunds to which they were not entitled from the IRS.
On Dec. 18, 2014, Lewis entered guilty pleas to Counts 1 and 3 of the indictment charging him with conspiracy and aiding and abetting the preparation of a false and fraudulent tax return. In his plea agreement, Lewis admitted filing a false tax return in Feb. 2009, by which he fraudulently obtained $16,024.14 from the IRS by misrepresenting his tax withholdings. Lewis also admitted that in 2009 he was involved in filing at least ten false tax returns and fraudulently receiving refunds based on those returns. In his plea agreement, Lewis admitted defrauding the IRS of an aggregate of $118,470.76 through this unlawful scheme.
This case was investigated by IRS Criminal Investigation in Albuquerque and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Prior Sex Offender Arrested in Ohio on Federal Child Pornography Charges Filed in New MexicoRead the Press Release
ALBUQUERQUE – Michael Glover, 35, of Canton, Ohio, was arrested yesterday in Ohio on an indictment alleging child pornography charges that was filed on April 14, 2015, by a federal grand jury sitting in Albuquerque, N.M. Glover made his initial appearance on the indictment yesterday afternoon in the U.S. District Court in the Northern District of Ohio. During those proceedings, the court ordered the U.S. Marshals Service to transport Glover to the U.S. District Court for the District of New Mexico in Albuquerque, N.M., so he may face the charges against him.
The six-count indictment charges Glover, a former Albuquerque resident, with three counts of distribution of visual depictions of minors engaged in sexually explicit conduct and three counts of possession of visual depictions of minors engaged in sexually explicit conduct. The three distribution counts allege that Glover distributed child pornography in Bernalillo County, N.M., on May 27, 2013, Aug. 11, 2013, and Aug. 12, 2013. The three possession counts allege that Glover possessed child pornography in Bernalillo County during three periods in 2013: from May 24, 2013 to Aug. 19, 2013; from July 18, 2013 to Aug. 19, 2013; and from July 21, 2013 to Aug. 19, 2013. The indictment includes forfeiture provisions that seek forfeiture of Glover’s laptop computer and computer media.
The penalty upon conviction on each of the three distribution counts is a mandatory minimum of 15 years and a maximum of 40 years in federal prison. The penalty upon conviction on each of the three possession counts is a mandatory minimum of ten years and a maximum of 20 years in federal prison. Glover faces these enhanced penalties because of his status as a prior felon convicted on sex-related charges. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations, the New Mexico Office of the Attorney General, the Bernalillo County Sheriff’s Office and the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant U.S. Attorney Shammara H. Henderson is prosecuting the case.
The case is 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/.
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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Prior Felon from Albuquerque Sentenced to 103 Months in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Nicholas Richard Blume, 37, of Albuquerque, N.M., was sentenced this afternoon in federal court to 103 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
Blume was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Blume was arrested in Feb. 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Feb. 10, 2014, in Bernalillo County, N.M. Blume subsequently was indicted on that same charge on March 11, 2014. According to court filings, Blume was prohibited from possessing firearms and ammunition in Feb. 2014, because he previously had been convicted of receiving and transferring a stolen motor vehicle, aggravated battery with a deadly weapon causing great bodily harm, extortion, possession of an imitation controlled substance, possession of a methamphetamine and robbery.
On Sept. 24, 2014, Blume admitted to the possession of a semiautomatic handgun with a high capacity magazine and ammunition on Feb. 12, 2014. Blume acknowledged that he was prohibited from possessing the firearm and ammunition because he was a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Louis E. Valencia prosecuted the case.
Farmington Woman Pleads Guilty to Committing Wire Fraud to Facilitate Scheme to Defraud Insurance CompaniesRead the Press Release
ALBUQUERQUE – Michelle Smith, 33, of Farmington, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to committing wire fraud in furtherance of a scheme to defraud insurance companies. Under the terms of her plea agreement, Smith will be sentenced to a prison term within the range of 18 to 24 months. The plea agreement also provides for the entry of an order requiring Smith to pay restitution to the victims of her criminal conduct as well as the entry of a money judgment against Smith in the amount of $128,371.00, which represents a portion of the profit she derived from her criminal activity.
Smith was charged in Feb. 2014 in an indictment that included 14 counts of wire fraud and four counts of aggravated identity theft. The charges arose out of Smith’s scheme to defraud Allstate Workplace Division and American Heritage Life Insurance (Allstate) of approximately $224,000.00 in advance commissions by submitting fraudulent policy enrollments. At the time of the offenses charged in the indictment, Smith was employed by Wells Insurance Agencies (Wells), exclusive brokers for Allstate with offices in Farmington, as an insurance agent to sell Allstate insurance policies.
According to the indictment, Allstate paid its brokers a commission for each Allstate insurance policy the broker sold. When Allstate received a new policy enrollment, Allstate paid the broker an advance commission amounting to a percentage of six months’ work of premiums on the policy. If the enrollee canceled the policy or fails to pay premiums for six months, the broker was required to return the advance commission to Allstate. When Smith was employed by Wells, Wells paid Smith 70% of the advance commissions she generated by submitting Allstate insurance policy enrollments.
The indictment alleged that from Aug. 2009 through May 2010, Smith devised and engaged in a scheme to defraud Allstate and Wells by submitting fraudulent policy enrollments and obtaining advance commissions to which she was not entitled. During the ten month period, Smith submitted enrollments in the names of approximately 150 different enrollees for a total of approximately 505 Allstate insurance policy enrollments. The enrollment forms transmitted electronically to Allstate by Smith were in the names of individuals who had not purchased insurance from Allstate and had forged signatures. Between Nov. 2009 and April 2010, Smith received approximately $224,000.00 in advance commissions based on the fraudulent enrollments she submitted to Allstate.
Today Smith pled guilty to Count 13, a wire fraud charge, of the Indictment and admitted that between Nov. 2009 and April 2010, she devised a scheme to fraudulently obtain advance commission payments from Allstate and Wells. She further admitted facilitating the scheme by submitting 505 insurance policy enrollments to Allstate, all of which were fraudulent because none of the persons listed on the enrollment forms had agreed to purchase insurance policies from Allstate. Smith acknowledged that as a result of her fraudulent scheme, Allstate issued approximately $324,239.00 in advance commission payments and that she personally received at least $128,371.00 of those payments.
A sentencing hearing for Smith has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Chinese Nationals Sentenced in New Mexico for Conspiring to Violate Arms Export Control ActRead the Press Release
ALBUQUERQUE – This afternoon, a federal judge in the District of New Mexico sentenced two Chinese nationals for conspiring to violate the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR) by scheming to illegally export defense articles with military application to the People’s Republic of China, announced Assistant Attorney General for National Security John P. Carlin and U.S. Attorney Damon P. Martinez of the District of New Mexico.
Bo Cai, 29, of Nanjing, China, was sentenced to 24 months in prison and his cousin Wentong Cai, 30, of Chifeng, China, was sentenced to 18 months in federal prison. Both will be deported after completing their prison sentences. The two men were charged in three-count superseding indictment with a scheme to illegally export sensors primarily manufactured for sale to the U.S. Department of Defense for use in high-level applications, such as line-of-sight stabilization and precision motion control systems. The Arms Export Control Act and the ITAR prohibit the export of defense-related materials from the United States without obtaining a license or written approval from the U.S. Department of State.
Bo Cai entered a guilty plea to all three counts of the superseding indictment in July 2014, and Wentong Cai pleaded guilty to Count 3 of the superseding indictment in December 2014. In entering the guilty pleas, each admitted that from March 2012 to December 2013, they conspired with each other to illegally export sensors from the United States to China without first obtaining the required export license. Bo Cai admitted that in March 2012, while he was employed by a technology company in China, he embarked on an illegal scheme to smuggle sensors out of the United States to China for one of his customers despite knowledge that the sensors could not be exported without a license and that the United States did not issue licenses to export the sensors to China. Wentong Cai admitted that while he was in the United States on a student visa, Bo Cai enlisted him to acquire the sensors under the ruse that he planned to use the sensors at Iowa State University where he was a graduate microbiology student.
Court filings indicate that the investigation of this case began in October 2013, when an undercover U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI) agent responded to Wentong Cai’s overtures. After negotiations by telephone and email, in December 2013, Bo Cai and Wentong Cai traveled to New Mexico, where they obtained a sensor from undercover HSI agents and developed a plan for smuggling the sensor out of the United States to China. On Dec. 11, 2013, Bo Cai was arrested at an airport in Los Angeles, as he was preparing to board a flight to China, after the sensor was discovered concealed in a computer speaker in his luggage. Wentong Cai subsequently was arrested on Jan. 22, 2014, in Ames, Iowa.
The HSI Albuquerque, New Mexico, office led the investigation of this case with assistance from the U.S. Air Force Office of Special Investigations, the Defense Security Service, HSI in Iowa and Los Angeles, the FBI and the U.S. Department of State. Iowa State University cooperated throughout with HSI’s investigation. Assistant U.S. Attorneys Dean S. Tuckman and Fred J. Federici of the District of New Mexico prosecuted the case with assistance from Deputy Chief Deborah Curtis and Trial Attorneys David Recker and Brian Fleming of the Justice Department’s National Security Division. The U.S. Attorney’s Office of the Central District of California and the U.S. Attorney’s Office of the Southern District of Iowa also assisted in the prosecution.
Acoma Pueblo Man Sentenced to Federal Prison for Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Brian J. Juanico, 37, a member and resident of the Acoma Pueblo, N.M., was sentenced today in Albuquerque, N.M., to 18 months in federal prison followed by three years of supervised release for assaulting his intimate partner. He also was ordered to pay a fine in the amount of $53,424.00.
Juanico was arrested on Aug. 15, 2014, on a criminal complaint alleging that on April 6, 2014, he assaulted his intimate partner, an Acoma Pueblo woman, by strangulation. According to the complaint, Juanico committed the crime on the Acoma Indian Reservation in Cibola County, N.M. Court records reflect that Juanico was arrested on related tribal charges on May 1, 2014.
Juanico was indicted in Sept. 2014, in an indictment charging him with assaulting his intimate partner on April 6, 2014. The indictment alleged that Juanico strangled and attempted to suffocate the victim three separate and distinct times on that day.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Laguna Pueblo Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Lawrence Lockwood, 32, a member and resident of Laguna Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a misdemeanor assault charge.
Lockwood was arrested on Feb. 11, 2015, on a criminal complaint alleging that Lockwood assaulted his intimate partner on Jan. 5, 2015, during a domestic dispute by shoving her onto a bed and restricting her movement.
During today’s proceedings, Lockwood pled guilty to a misdemeanor information charging him with simple assault. In entering his guilty plea, Lockwood admitted that on Jan. 5, 2015, he forcefully pushed the victim at a location within the Pueblo of Laguna in Cibola County, N.M.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department and is being prosecuted by Assistant U.S. Attorneys Novaline Wilson and David Adams.
It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Jicarilla Apache Man Sentenced for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Terrance Julian, 30, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in federal prison followed by three years of supervised release for his federal assault conviction.
Julian was arrested on Aug. 21, 2014, on an indictment alleging that on Oct. 14, 2012, he assaulted a woman with a dangerous weapon, and brandished a firearm in relation to a crime of violence. The indictment alleged that Julian committed the crimes on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
On Nov. 26, 2014, Julian pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon. In entering his guilty plea, Julian admitted assaulting his intimate partner, a Jicarilla Apache woman, by striking her with a rifle.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former U.S. Border Patrol Agent Sentenced to Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Abel Michael Quiroz, 27, a former U.S. Border Patrol Agent who resides in Las Cruces, N.M., Quiroz was sentenced yesterday afternoon in federal court to 30 months in prison for his child pornography conviction. Quiroz will be on supervised release for five years after completing his prison sentence. He also will be required to register as a sex offender.
Quiroz was arrested on April 29, 2014, on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, Homeland Security Investigations (HSI) initiated an investigation into Quiroz after receiving information that an adult male, later confirmed to be Quiroz, was having inappropriate communications with a 15-year-old child (victim).
The complaint asserted that execution of a search warrant for the contents of an email address belonging to Quiroz revealed numerous sexually explicit communications between Quiroz and the victim as well as nude and sexually explicit photographs of the victim. On April 29, 2014, HSI special agents executed a federal search warrant at Quiroz’s residence where they seized digital media and arrested Quiroz. There was no evidence suggesting that Quiroz’s criminal activities were conducted with government-owned equipment or technology.
On Sept. 3, 2014, Quiroz entered a guilty plea to a felony information charging him with possession of child pornography. In entering his guilty plea, Quiroz admitted that from Feb. 2013 through Oct. 2013, he communicated with the victim, whom he knew to be a minor residing in a state other than New Mexico, through online chats, mail, email, telephone conversations and text messages. Quiroz also admitted receiving sexually explicit photographs of the victim via email and unlawfully possessing the photographs in his email account.
This case was investigated by the Child Exploitation Unit of HSI’s office in Las Cruces pursuant to Project iGuardian, an HSI initiative designed to reach children, parents and teachers and share information about the dangers of online environments, how to stay safe online and how to report abuse and suspicious activity. The Las Cruces Police Department assisted in the investigation of this case.
The case is being prosecuted by Assistant U.S. Attorney Alexander 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 Operation 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 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Colfax County Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Tommy Acevedo, 37, of Raton, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 55 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
The sentence was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald A. Gallegos, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief John Garcia of the Raton Police Department.
Acevedo was arrested on Dec. 17, 2013, on an indictment charging him with violating the federal firearms laws by unlawfully possessing a firearm and ammunition and unlawfully possessing an unregistered short-barreled shotgun in Colfax County, N.M., on June 19, 2013. At the time, Acevedo was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of forgery in the 8th Judicial District Court for the State of New Mexico and of robbery in the 5th Judicial District Court for the State of New Mexico.
On Aug. 13, 2014, pled guilty to Count 1 of the indictment and admitted possessing a 20 gauge sawed-off shotgun with obliterated serial number and eight rounds of ammunition on June 29, 2013, in Raton. Acevedo also admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office. Assistant U.S. Attorney Louis E. Valencia prosecuted the case.
This case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Navajo Man from Gallup Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Manuel Tsosie, 37, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a child sexual abuse charge. Under the terms of his plea agreement, Tsosie will be sentenced a term of incarceration not to exceed 33 months followed by a term of supervised release to be determined by the court. Tsosie will be required to register as a sex offender after completing his prison sentence.
Tsosie was arrested on June 3, 2014, on an indictment alleging the he sexually abused a child under the age of 12 years on a date between April 1, 2013 and Sept. 30, 2013. The indictment alleged that Tsosie violated the young victim in a location within the Navajo Indian Reservation in McKinley County, N.M.
During today’s hearing, Tsosie entered a guilty plea to a felony information charging him abusive sexual contact. In entering his guilty plea, Tsosie admitted that he intentionally touched the victim’s genitals at a residence located within Navajo Indian Reservation.
This case was investigated by the Gallup office of the FBI. The case is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Almundo Cruz Singer, 27, an enrolled member of the Navajo Nation who resides in Tseyatoh, N.M., pled guilty this morning to an indictment charging him with involuntary manslaughter.
Singer was arrested on Dec. 16, 2014, on a criminal complaint charging him with involuntary manslaughter. He subsequently was indicted on Jan. 8, 2015, and charged with killing a man on Dec. 9, 2014, while driving under the influence of alcohol on the Navajo Indian Reservation in McKinley County.
According to court filings, Singer killed a 36-year-old Navajo man who was walking across State Road 118 in Church Rock, N.M., by hitting him with his vehicle while driving under the influence of alcohol. Singer fled from the scene of the crash, but was arrested shortly thereafter in Gallup, N.M.
During today’s hearing, Singer pled guilty to the indictment and admitted to killing the victim by driving recklessly while under the influence of alcohol. Singer admitted that because of his intoxication, he was incapable of exercising clear judgment and a steady hand in operating a vehicle, and that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
At sentencing, Singer faces a statutory maximum penalty of eight years in federal prison. Maximum potential sentences are prescribed by Congress and are provided for informational purposes only. The sentence imposed on Singer will be determined by the court. Singer has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Sarah Jane Mease.
Kirtland Man Pleads Guilty to Second Degree Murder Charge Arising from Kidnapping and Murder of A Navajo Woman and an Assault Charge in A Separate CaseRead the Press Release
ALBUQUERQUE – A Navajo man who resides in Kirtand, N.M., entered guilty pleas today in federal court in Albuquerque, N.M., in two cases. Patrick Benally, 26, pled guilty to a second degree murder charge arising out of the kidnapping and murder of a Navajo woman. He also entered a guilty plea to an assault charge in a separate, unrelated case.
Patrick Benally and his four co-defendants, Justin Benally, 26, of Farmington, N.M., LaSheena Jacquez, 27, of Kirtland, Scott Thompson, 28 of Farmington, and Mariah Benally, 22, of Kirtland, all enrolled members of the Navajo Nation, were indicted in Jan. 2014, on criminal charges arising from the kidnapping and murder of a 28-year-old Navajo woman on Oct. 23, 2013. The indictment charged all five defendants with first degree murder, kidnapping, and conspiracy to kidnap. It also charged Justin Benally, Mariah Benally, Jacquez and Thompson with harboring Patrick Benally to prevent his arrest on charges arising out of an assault that was unrelated to the kidnapping and murder case. The crimes charged in the indictment occurred on the Navajo Indian Reservation within San Juan County, N.M. All five defendants previously had been arrested in Dec. 2013, on a criminal complaint filed after law enforcement authorities received information that the victim, who was missing in Nov. 2013, had been murdered. The victim’s remains were recovered on Dec. 9, 2013.
All four of Benally’s co-defendants have entered guilty pleas to second degree murder charges. Justin Benally, Mariah Benally and Jacquez pled guilty in Oct. and Nov. 2014, and Thompson entered a guilty plea in March 2015. All four have been in federal custody since they were arrested and remain detained pending their sentencing hearings, which have yet to be scheduled. Each faces a maximum statutory penalty of life imprisonment.
During today’s plea hearing, Patrick Benally pleaded guilty to a felony information charging him with second degree murder. In his plea agreement, Benally admitted that he caused the death of the victim by aiding and abetting others in the death of Jane Doe by preventing a witness from the leaving the scene of the murder, preventing the same witness from providing aid to Jane Doe, and preventing the same witness from reporting the crime by intimidating her at the scene.
Patrick Benally also pled guilty to an assault with a dangerous weapon charge in a separate case. In Oct. 2013, Patrick Benally was charged by criminal complaint with assault and firearms charges arising out of an Oct. 10, 2015 incident during which he shot a different Navajo woman in the face. Patrick Benally subsequently was indicted in this case in Jan. 2014, and was charged with assault with a dangerous weapon, assault resulting in serious bodily injury, and discharging a firearm during a crime of violence. According to court filings, Patrick Benally shot the victim in the face during an argument in the victim’s home in Fruitland, N.M.
Under the terms of his plea agreement, Patrick Benally will be sentenced to a federal prison term within the range of 18 to 21 years followed by a period of supervised release to be determined by the court. He remains detained pending a sentencing hearing, which has yet to be scheduled.
The kidnapping and murder case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office. The assault case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting both cases.
These cases were brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
California Man Pleads Guilty to Fleeing from A Border Patrol Checkpoint in New MexicoRead the Press Release
ALBUQUERQUE – Carlos Torres, 39, of Huntington Park, Calif., pleaded guilty today in federal court in Las Cruces, N.M., to fleeing from a U.S. Border Patrol checkpoint at a high rate of speed. The guilty plea was entered without the benefit of a plea agreement.
Torres was arrested on Jan. 28, 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, after Torres entered the checkpoint, Border Patrol agents directed him to a secondary inspection area. As agents were walking towards Torres’ vehicle, Torres drove away from the checkpoint and led agents in a high speed pursuit. When he was arrested, the agents found approximately 25 grams of methamphetamine in Torres’ vehicle.
During today’s plea hearing, Torres pled guilty to a felony information charging him with high speed flight from a immigration checkpoint and fleeing from federal law enforcement agents.
At sentencing, Torres faces a statutory maximum penalty of five years in federal prison. Torres’ sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III of the U.S. Attorney’s Las Cruces Branch Office.
Acoma Pueblo Man Sentenced for Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Eric J. Louis, Jr., 35, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to a two-year term of probation for his misdemeanor assault conviction.
Louis was arrested in Aug. 2013, on a criminal complaint alleging that he assaulted an officer of the Acoma Pueblo Tribal Police Department who responded to a domestic violence call at a residence within Acoma Pueblo. When the officer attempted to arrest Louis for disorderly conduct and intoxication, Louis assaulted the officer by wrestling with the officer and attempting to get the officer’s taser.
Louis was subsequently indicted on Sept. 10, 2013, and charged with committing an assault with a dangerous weapon on Aug. 14, 2013, in Cibola County, N.M.
On Aug. 8, 2014, Louis entered a guilty plea to a misdemeanor information charging him with assault by striking, beating or wounding, and admitted that he assaulted a tribal officer by striking him.
The case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Artesia Man Pleads Guilty to Violating the Federal Drug and Firearm LawsRead the Press Release
ALBUQUERQUE – Martin O. Madrid, 25, of Artesia, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges.
Madrid and a co-defendant, Lillian Crosby, 21, of Hope, N.M., were federally charged in Jan. 2015, in a criminal complaint with possession of methamphetamine with intent to distribute. According to the criminal complaint, the two were arrested on related state charges on July 12, 2014, by the Eddy County Sheriff’s Office after deputies found approximately 125 grams of methamphetamine, several scales and pipes, and other drug paraphernalia in a vehicle driven by Madrid with Crosby as his passenger. Madrid was arrested on the federal complaint in Jan. 2015, and Crosby was arrested in Feb. 2015.
During today’s plea hearing, Madrid entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. Madrid admitted that on July 12, 2014, he and his co-defendant were in a vehicle that contained approximately 125 grams of methamphetamine that he intended to distribute to others. He also admitted possessing a .40 caliber pistol which he was not permitted to possess because he previously had been convicted of a felony.
At sentencing, Madrid faces a statutory minimum sentence of five years and a maximum of 40 years in federal prison followed by a minimum of four years of supervised release. He remains detained pending a sentencing hearing, which has yet to be scheduled.
Crosby has entered a plea of not guilty to the criminal complaint. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt. A trial date has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force and the Eddy County Sheriff’s Office. Assistant U.S. Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch office is prosecuting this case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, the Artesia Police Department and the Carlsbad 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.
Previously Deported Mexican National Pleads Guilty to Immigration and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – A previously deported felon from Mexico pled guilty today in federal court in Las Cruces, N.M., to conspiracy to transport illegal aliens and unlawful re-entry into the United States.
Ricardo Rogelio Paez, 26, of Ciudad Juarez, Mexico, was charged on June 3, 2014, in a criminal complaint with attempting to bring illegal aliens into the United States. At the time, Paez himself was an illegal alien who previously had been deported from the United States after being convicted of aggravated felonies. Immigration records reflect that Paez had been deported to Mexico on July 3, 2013, based on two felony convictions for assault with a deadly weapon in Oct. 2007, and for being a felon in possession of a firearm in May 2012.
Paez subsequently was indicted on Dec. 3, 2014, and charged with conspiracy to transport illegal aliens from May 13 through May 16, 2014, two counts of attempting to move and transport illegal aliens within the United States, possession of more than 100 kilograms of marijuana with intent to distribute and unlawful re-entry into the United States. All offenses occurred in Doña Ana County, N.M., in May 2014.
During today’s plea hearing, Paez pled guilty to conspiracy to transport illegal aliens, possession of marijuana with intent to distribute, and unlawful re-entry of a removed alien. In entering his guilty plea, Paez admitted that on May 16, 2014, he conspired with others to drive a vehicle on New Mexico State Road 9 while transporting 14 illegal aliens. He also admitted possessing approximately 264 kilograms of marijuana in the vehicle he was driving on May 16, 2014, which he intended to distribute to others. Finally, Paez admitted that he unlawfully re-entered the United States after previously being deported and without obtaining the consent of the United States.
At sentencing, Paez faces a statutory minimum penalty of five years and a maximum penalty of 40 years in federal prison. Paez will be deported to Mexico after completing his prison sentence.
This case was investigated by the Santa Teresa, N.M., Station U.S. Border Patrol, U.S. Customs and Border Protection, and the Las Cruces office of Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Selesia Winston of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Woman from Arizona Pleads Guilty to Federal Assault and Child Abuse Charges in New MexicoRead the Press Release
ALBUQUERQUE – Bridget Wilson, 22, an enrolled member of the Navajo Nation who resides in Sawmill, Ariz., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault and child abuse charges.
Wilson was arrested on Feb. 10, 2015, on an indictment charging her with assault resulting in serious bodily injury and abuse of a child. According to the indictment, Wilson committed the offenses on April 4, 2014, within the Navajo Indian Reservation in San Juan County, N.M.
During today’s plea hearing, Wilson pled guilty the indictment and admitted that on April 4, 2014, she assaulted the victim, causing the victim to suffer serious bodily injury. She also acknowledged putting the victim, who was under the age of 18 years, in a situation that endangered the victim’s life or health.
According to the plea agreement, the parties will recommend that Wilson be sentenced to a term of probation to be determined by the court. Wilson’s sentencing hearing has yet to be scheduled.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Federal Grand Jury Returns Superseding Indictment Against Former Colfax County Sheriff’s DeputyRead the Press Release
ALBUQUERQUE – Yesterday a federal grand jury sitting in Albuquerque, N.M., returned a superseding indictment that adds new charges against a former Deputy of the Colfax County Sheriff’s Office previously charged with a drug trafficking offense. In addition to the original drug trafficking offense, the superseding indictment charges Vidal Sandoval, 45, of Cimarron, N.M., with two theft of government property offenses.
Sandoval was arrested by the FBI and the New Mexico State Police on March 13, 2015, on an indictment alleging that on Feb. 28, 2015, Sandoval aided and abetted an attempt to possess cocaine with intent to distribute in Colfax County, N.M. The indictment included forfeiture provisions seeking a money judgment in the amount of at least $19,500.00, the proceeds Sandoval allegedly obtained as a result of his unlawful conduct.
The two new theft of government charges in the superseding indictment allege that Sandoval stole money belonging to the FBI on Dec. 15, 2014 and Jan. 25, 2015. According to affidavits submitted in support of court-approved search warrants that were executed following Sandoval’s arrest, on those two dates, Sandoval allegedly stole money from undercover FBI agents who were posing as drug dealers during two traffic stops. During the Dec. 15, 2014 traffic stop, Sandoval allegedly stole $7,500.00 from the undercover agents, and during the Jan. 25, 2015 traffic stop, he allegedly stole $2,000.00 from them.
At the time of the offenses charged in the superseding indictment, Sandoval was a deputy of the Colfax County Sheriff’s Office. Sandoval resigned following his arrest. Sandoval was released from custody on conditions of release, including pretrial supervision, pending trial which currently is scheduled for June 15, 2015.
If convicted on the drug trafficking charge in the superseding indictment, Sandoval faces a mandatory minimum five years and a maximum of 40 years in federal prison. If convicted on the theft of government property charges, Sandoval faces a statutory maximum penalty of ten years in federal prison on each of the two charges. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe and Albuquerque offices of the FBI and the New Mexico State Police with assistance from the Colfax County Sheriff’s Office. Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case.