District of New Mexico
Press releases recorded for this federal judicial district.
Bloomfield Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Orlando Harvey, 24, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., pleaded guilty this morning to a sexual abuse of a minor charge under a plea agreement with the U.S. Attorney’s Office.
Harvey was arrested on Dec. 22, 2014, on an indictment charging him with four counts of sexual abuse of a minor. According to the indictment, Harvey engaged in a sexual act with the victim who was under 16 years of age on four occasions between Aug. 2014 and Oct. 2014. The indictment alleged that the crimes occurred on the Navajo Indian Reservation in San Juan County, N.M.
During today’s hearing, Harvey entered a guilty plea to Count 1 of the indictment, and admitted engaging in a sexual act with the 15-year-old victim in Aug. 2014. Harvey admitted knowing that the victim was only 15 years old when he picked her up at school and drove her to his residence where they engaged in a sexual act. Harvey then drove the victim back to school. He acknowledged that he manipulated the victim into engaging in a sexual act with him.
Harvey has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Harvey faces a statutory maximum penalty of 15 years in prison.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorneys Raquel Ruiz Velez and Elaine 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/.
Albuquerque Man Arrested on Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Michael Stewart, 55, of Albuquerque, N.M., appeared in federal court this morning on a criminal complaint charging him with possession of methamphetamine with intent to distribute. During his hearing, Stewart entered a not guilty plea to the charge against him and was ordered detained pending trial.
Stewart was arrested on Feb. 19, 2015, after DEA Task Force officers allegedly seized approximately 611.9 gross grams of methamphetamine and approximately $24,000.00 in cash from him and his vehicle during a traffic stop in northwest Albuquerque.
If convicted of the charge in the criminal complaint, Stewart faces a sentence of a mandatory minimum ten years in prison and a maximum of life imprisonment. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA, Homeland Security Investigations and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Shana B. Long.
Farmington Man Sentenced to Five Years in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Brandon Smith, 29, of Farmington, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his methamphetamine trafficking conviction. Smith was sentenced to five years in federal prison followed by three years of supervised release. He also was ordered to forfeit $3,520.00 in cash found in his possession when he was arrested in Feb. 2014.
Smith was one of 29 individuals charged in Feb. 2014, with drug trafficking charges 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 Isaac 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 ringleader Isaac Anaya, 31, of Farmington, N.M., 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.
To date, seven of the 13 federal defendants, including Isaac Anaya, have entered guilty pleas and are pending sentencing. Five of the federal defendants have entered not guilty pleas to the indictment; they are presumed innocent unless found guilty beyond a reasonable doubt.
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, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and 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.
Albuquerque Man Pleads Guilty to Federal Identity Theft ChargeRead the Press Release
ALBUQUERQUE – David William Welbig, 66, of Albuquerque, N.M., pleaded guilty this morning in Albuquerque federal court to an aggravated identity theft charge. The charge to which Welbig pleaded guilty today arose out of his efforts to evade arrest on interstate transportation of stolen securities charges filed 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 passport obtained by a false statement, 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 aggravated identity theft by using the identification, namely, a passport, of another person. Welbig was charged with committing these offenses in Bernalillo County, N.M.
During this morning’s proceedings, Welbig pled guilty to Count 2 of the indictment, charging him with aggravated identity theft. Welbig admitted that in order to evade arrest by law enforcement officials on an outstanding indictment and arrest warrant issued in the District of Colorado in 1991, he used the identification information of a deceased person to obtain a U.S. passport. At sentencing, Welbig faces a statutory penalty of two years in federal prison and a year of supervised release following his term of imprisonment. His sentencing hearing has yet to be scheduled.
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. Welbig is scheduled to be sentenced on those charges on April 14, 2015, and faces a maximum statutory penalty of ten years in prison followed by three years of supervised release on each of the three counts.
This case was investigated U.S. Department of State’s Diplomatic Security Service and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Sheepsprings, N.M., Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Jeremiah Ray Johnson, 39, an enrolled member of the Navajo Nation who resides in Sheepsprings, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a misdemeanor assault charge.
Johnson was indicted on Aug. 12, 2014, and charged with assault resulting in serious bodily injury. The indictment alleged that Johnson assaulted the victim in San Juan County, N.M, on April 3, 2013.
During today’s proceedings, Johnson pled guilty to an information charging him with a misdemeanor assault charge. Johnson admitted that on April 3, 2013, while at a residence in Sheepsprings, N.M., he punched and stabbed a Navajo man with a knife during a fight. The victim required hospitalization as a result of his injuries.
At sentencing, Johnson faces a statutory maximum penalty of one year in federal prison and a maximum of five years of probation. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Jacob Wishard is prosecuting this case.
Newcomb, N.M., Man Pleads Guilty to Federal Aggravated Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Michael Randolph, 31, an enrolled member of the Navajo Nation who resides in Newcomb, N.M., pleaded guilty this morning to an aggravated sexual abuse charge. Under the terms of his plea agreement, Randolph will be sentenced to a term of incarceration within the range of 96 to 144 months followed by a term of supervised release to be determined by the court. Randolph also will be required to register as a sex offender.
Randolph was arrested on Dec. 30, 2013, on a criminal complaint alleging that he sexually abused a child under the age of 12 years on Dec. 19, 2013, within the Navajo Indian Reservation in San Juan County, N.M. Randolph subsequently was indicted on that same charge.
During today’s hearing, Randolph entered a guilty plea to a felony information charging him with aggravated sexual abuse. Randolph admitted to assaulting the victim by intentionally touching the victim’s genitalia with his hands and fingers.
Randolph remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Office of 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/.
Navajo, N.M., Man Sentenced to Federal Prison for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Harold Anthony Nez, 36, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 15 months in federal prison followed by three years of supervised release for his federal assault conviction.
Nez was arrested on Feb. 20, 2014, on a criminal complaint alleging that he assaulted his intimate partner, a Navajo woman, on Jan. 16, 2014, by driving into her with a vehicle and pinning her left leg against a fence. The assault occurred in Navajo in McKinley County, N.M. Nez subsequently was indicted and charged with assault with a dangerous vehicle and assault resulting in serious bodily injury.
On Nov. 10, 2014, Nez pled guilty to an assault resulting in serious bodily injury charge. In his plea agreement, Nez admitted assaulting his intimate partner by hitting her with a vehicle. Nez admitted that as a result of the assault, the victim suffered extreme physical pain and severe bruising to the leg that required medical attention.
This case was investigated by the Window Rock, Arizona office of the Navajo Nation Division of Public Safety 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.
Albuquerque Man Sentenced to Fifteen Years for Federal Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Charles Padilla, 46, of Albuquerque, N.M., was sentenced this morning to 15 years in federal prison followed by five years of supervised release for his conviction on methamphetamine trafficking and firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division, and Albuquerque Police Chief Gorden Eden, Jr.
Padilla was arrested on Nov. 30, 2012, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. Padilla subsequently was indicted in Dec. 2012, and charged with two counts of possession of methamphetamine with intent to distribute and two counts of using and carrying firearms in furtherance of drug trafficking crimes.
According to court filings, on Nov. 30, 2012, law enforcement officers seized approximately 21 pounds of methamphetamine that were concealed in an underground storage area when they searched a residence located in southwest Albuquerque. Thereafter, officers surreptitiously recorded a telephone conversation during which Padilla acknowledged ownership of the methamphetamine. Following Padilla’s arrest, officers searched his residence and seized 19 firearms.
On July 28, 2014, Padilla pled guilty to a methamphetamine trafficking charge and a firearms count. In his plea agreement, Padilla admitted that on Nov. 30, 2012, he unlawfully possessed methamphetamine with the intention of distributing it to others. He also admitted possessing a firearm in furtherance of a drug trafficking crime.
This case was investigated by the Albuquerque office of the DEA and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long.
Albuquerque Man Sentenced to 72 Months for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Faviano Lopez, 28, of Albuquerque, N.M., was sentenced this morning in federal court to 72 months in federal prison followed by five years of supervised release for receipt of a visual depiction of a minor engaged in sexually explicit conduct. Lopez will also be required to register as a sex offender. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas; New Mexico State Police Chief Pete Kassetas, and Albuquerque Police Chief Gorden Eden, Jr.
Lopez was arrested on July 11, 2014, on a criminal complaint alleging federal child pornography charges. According to the criminal complaint, the investigation into Lopez was initiated by the Homeland Security Investigations and the New Mexico State Police in Nov. 2013, after the NMSP obtained information indicating that an IP address subscribed to the residence in which Lopez was residing was being used to share video and image files consistent with child pornography. In Feb. 2014, HSI and the Albuquerque Police Department executed a federal search warrant at Lopez’s residence and seized computer and computer-related media containing video and image files consistent with child pornography from Lopez’s bedroom. Lopez was arrested on state charges for violating his probation in Feb. 2014; those charges were later dismissed in favor of federal prosecution.
On Oct. 20, 2014, Lopez entered a guilty plea to a felony information charging him with receipt of child pornography. In his plea agreement, Lopez admitted receiving child pornography from May 2013 to Feb. 2014, by downloading images and videos of child pornography using a peer-to-peer file sharing system.
This case was investigated by the Albuquerque office of HSI, the New Mexico State Police and the Albuquerque Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. It 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/.
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 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.
Santa Fe Man Pleads Guilty to Federal Crack Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Matthew J. Holmes, 30, of Santa Fe, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to crack cocaine trafficking charges. Under the terms of his plea agreement, Holmes will be sentenced to a prison term within the range of nine to twelve years in federal prison followed by a term of supervised release to be determined by the court.
Holmes was arrested on Feb. 24, 2015, and charged in a criminal complaint with possession of crack cocaine with intent to distribute. According to the complaint, on Feb. 24, 2014, the Santa Fe Police Department (SFPD) received information that Holmes had an outstanding state arrest warrant. Based on that information, SFPD officers initiated a traffic stop on Holmes’ vehicle. After a brief foot pursuit, the officers were able to apprehend Holmes. At the time of his arrest, Holmes possessed a distribution quantity of crack cocaine and drug paraphernalia. Holmes subsequently was indicted and charged with possession of crack cocaine with intent to distribute.
During today’s proceedings Holmes pled guilty to the indictment and admitted that on Feb. 24, 2014, he possessed approximately 74.3 grams of crack cocaine in three plastic bags and $4,146.00 in cash. Holmes further admitted that he possessed the crack cocaine with the intent to distribute it to others.
Holmes 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 Santa Fe office of the FBI and the HIDTA Region III Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns.
The HIDTA Region III Narcotics Task Force is comprised of officers from the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Woman from Colorado Sentenced for Federal Child Abuse Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Lorrena Ann Yazzie, 27, an enrolled member of the Navajo Nation who resides in Durango, Colo., was sentenced this morning in federal court to three years of probation for her child abuse conviction.
Yazzie was arrested on April 7, 2014, on a criminal complaint alleging an assault charge. According to the criminal complaint, Yazzie injured an infant who was a passenger in a vehicle she was driving when Yazzie caused a single-car collision by falling asleep at the wheel. Yazzie allegedly was intoxicated at the time of the collision. The collision occurred on April 2, 2014, south of Shiprock, N.M., which is located within the Navajo Indian Reservation. Yazzie subsequently was indicted and charged with assault resulting in serious bodily injury and child abuse.
On Nov. 7, 2014, Yazzie entered a guilty plea to the child abuse charge and admitted placing a child in a situation that endangered the child’s life or health.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
Rio Rancho Man Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Mark Herrera, 29, of Rio Rancho, N.M., pleaded guilty this morning in federal court to heroin trafficking and firearms charges under a plea agreement with the U.S. Attorney’s office.
Herrera was arrested in Aug. 2014, on a criminal complaint after law enforcement officers executed a federal search warrant on his vehicle and residence and found more than seven ounces of heroin, marijuana, approximately $5,000.00 in cash, firearms and ammunition, and drug paraphernalia. The officers also seized a semi-automatic pistol and ammunition during the search. During a post-arrest statement, Herrera allegedly told the officers that he sold six to eight ounces of heroin to others every two to three days, and that he possessed the firearm for protection.
During today’s proceedings, Herrera pled guilty to a two-count felony information charging him with being a felon in possession of a firearm and ammunition and possession of heroin with intent to distribute. In entering the guilty plea, Herrera admitted that on Aug. 1, 2014, law enforcement officers searched his vehicle and residence and seized seven ounces of heroin, drug paraphernalia, $5,000.00 in cash, and a loaded semi-automatic pistol. At the time of the arrest, Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and escape in Colorado.
At sentencing, Herrera faces a statutory maximum penalty of ten years in prison for the firearms charge and a statutory maximum penalty of 20 years in prison on the heroin trafficking charge. Herrera remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the ATF and the DEA and the Rio Rancho Police Department. Assistant U.S. Attorney Presiliano Torrez 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 collaboration 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.
Prior Felon from Carlsbad Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Eduardo Lerma, Jr., 32, of Carlsbad, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to being a felon in possession of a firearm.
Lerma was arrested in Aug. 2014, by the Bureau of Alcohol, Tobacco, Firearms and Explosives on a criminal complaint alleging that he unlawfully possessed a firearm on Aug. 14, 2014, in Eddy County, N.M. Lerma subsequently was indicted on that same charge on Nov. 12, 2014. According to court filings, Lerma was prohibited from possessing firearms because he previously had been convicted of two drug trafficking crimes and receiving stolen property.
Today Lerma entered a plea of guilty to the indictment charging him with being a felon in possession of a firearm; he also admitted violating the conditions of his supervised release. In entering his guilty plea, Lerma admitted being in possession of two rifles on Aug. 14, 2014. Lerma also acknowledged that he was prohibited from possessing firearms because he was a convicted felon and by the conditions of his supervised release.
Lerma has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Lerma faces a maximum penalty of ten years in federal prison for being a felon in possession of a firearm
At the time of his arrest, Lerma was under supervised release for a prior federal previous conviction. A petition against Lerma for violating the conditions of supervision release is pending.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the HITDA Region VI Pecos Valley Drug Task Force, the Carlsbad Police Department, and the Eddy County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HITDA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’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.
Former Bank of the West Employee Pleads Guilty to Federal Embezzlement ChargesRead the Press Release
ALBUQUERQUE – Angela Giddings, 38, of Albuquerque, N.M., pled guilty today to one count of embezzlement by a bank employee and embezzlement from Indian tribal organizations. Under the terms of her plea agreement she will serve 24 months in federal prison as well as a term of supervised release to be determined by the court.
Giddings was indicted on Dec. 16, 2014, and charged with 12 counts of embezzlement by a bank employee; six counts of embezzlement from Indian tribal organizations; and four counts of aggravated identity theft. The indictment alleges that Giddings committed these crimes in Bernalillo County, N.M., between Feb. 2, 2013, and July 18, 2014. At the time, Giddings was employed as a customer service manager for Bank of the West.
According to the indictment, Giddings embezzled funds entrusted to the bank by withdrawing and transferring funds from the accounts of customers without authorization and for her own use. The indictment alleges that Giddings’ allegedly unlawful withdraws and transfers ranged from $15,000.00 to $60,000.00. It also alleges that the victims of Giddings’ criminal conduct included the To’hajilee Community School Board and the Cañoncito Band of Navajos. The aggravated identity theft charges allege that Giddings used the names, addresses, and personal identifiers of individuals to commit felony offenses.
During today’s proceedings, Giddings pled guilty to one count of embezzlement by a bank employee and one count of embezzlement from an Indian tribal organization. In entering the guilty plea, Giddings admitted that between Jan. 9, 2012 and July 18, 2014, she misapplied and embezzled money by making unauthorized withdrawals and transfers for her own benefit. She further admitted that on July 18, 2014, she transferred $55,000.00 from a private individual’s account and $60,000.00 from the To’hajilee Community School Board account without authorization and for her own purposes with the intent to defraud.
This case was investigated by the Albuquerque office of the FBI and the Office of Inspector General of the Federal Deposit Insurance Corporation, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Navajo Man from Arizona Pleads Guilty to Federal Misdemeanor Assault Charge in New MexicoRead the Press Release
ALBUQUERQUE – Calvin Fuson, 44, an enrolled member of the Navajo Nation who resides in Winslow, Ariz., pleaded guilty this morning in federal court in Albuquerque, N.M., to a misdemeanor assault charge.
Fuson was arrested on April 17, 2014, on a criminal complaint alleging that on Dec. 25, 2013, Fuson assaulted a Navajo man by stabbing the victim with a knife. According to the complaint, officers of the Navajo Nation Division of Public Safety responded to a call reporting a stabbing that occurred in Naschitti, N.M., which is located on the Navajo Indian reservation. The victim was treated for a stab wound approximately five centimeters long. Fuson subsequently was indicted and charged with assault resulting in serious bodily injury and assault with a dangerous weapon.
During today’s proceedings, Fuson pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding. In entering his guilty plea, Fuson admitted that on Dec. 25, 2013, while at his family’s residence in Naschitti, N.M., he stabbed the victim, a 50-year-old Navajo man, with a knife during a fight. Fuson required medical treatment for injuries he sustained during the fight.
At sentencing Fuson faces a statutory maximum penalty of a year in federal prison and a maximum of 12 months of supervised release. Fuson 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 Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Paul H. Spiers is prosecuting this case.
Kewa Pueblo Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE –Ambrose Atencio, 51, a member and resident of Kewa Pueblo, N.M., pleaded guilty this morning to a misdemeanor information charging him with assaulting an Indian woman.
Atencio was arrested on Sept. 25, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation. According to the complaint, on Sept. 12, 2014, BIA officers responded to a report of assault on Kewa Pueblo in Sandoval County, N.M. The complaint alleged that Atencio assaulted the victim, a Kewa woman, by striking her in the face and strangling the victim. Atencio was indicted on Oct. 21, 2014, and charged with assaulting an intimate partner by strangulation.
During today’s proceedings, Atencio entered a guilty plea to a misdemeanor information and admitted assaulting the victim by striking her with his hands on her face. Atencio also admitted grabbing the victim’s throat. As a result of the assault, the victim sustained bruises and contusions on her body, neck and facial area.
At sentencing, Atencio faces a penalty of up to 12 months in federal prison and up to five years of supervised release. Atencio 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 Southern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Linda Mott is prosecuting this case.
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.
Hobbs Man Sentenced to Ten Years in Federal Prison for Methamphetamine Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Clinton Leroy Skippings, 58, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction. The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division and Commander Byron Wester of the Lea County Drug Task Force (LCDTF).
Skippings was arrested on Dec. 18, 2013, on a criminal complaint charging him with possession methamphetamine and cocaine with intent to distribute in Lea County, N.M. According to the complaint, on Oct. 10, 2013, LCDTF officers executed search warrants on Skippings, his residence and his vehicle, and seized quantities of methamphetamine, cocaine and marijuana, more than $6,800.00 in cash, and packaging materials and other drug paraphernalia.
On Mar. 17, 2014, Skippings pled guilty to a felony information charging him with possession with intent to distribute methamphetamine. Skippings admitted that when he was stopped by LCDTF officers on Oct. 10, 2013, he was in possession of methamphetamine and crack cocaine which he intended to sell to another person who unbeknownst to him was cooperating with law enforcement. Skippings also admitted that on that same day, officers executed a search warrant at his residence and seized methamphetamine, cocaine and crack cocaine which he intended to distribute to others.
This case was investigated by the Lea County Drug Task Force, the Las Cruces office of the DEA and was 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.
California Man Sentenced to Ten Years for Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Paul Anthony Diaz, 48, of Desert Hot Springs, Calif., was sentenced this morning in federal court in Albuquerque, N.M., to 120 months in prison followed by five years of supervised release for his heroin trafficking conviction.
Diaz was arrested on Feb. 11, 2014, at the Amtrak train station in Albuquerque after a consensual search of Diaz by DEA agents revealed that Diaz had concealed bundles containing more than one kilogram of heroin underneath his clothing. Diaz subsequently was indicted on Feb. 26, 2014, and charged with possession of heroin with intent to distribute.
Diaz entered a guilty plea to the indictment on Aug. 18, 2014. The guilty plea was entered without the benefit of a plea agreement.
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 Paul Mysliwiec prosecuted 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 collaboration 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 to Prison for Trafficking Methamphetamine in Lea and Eddy CountiesRead the Press Release
ALBUQUERQUE – Mario Flores, 28, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Flores was one of five defendants indicted in June 2014, as result of a multi-agency investigation primarily targeting drug traffickers in Lea and Eddy Counties, N.M. The seven-count indictment charged Flores, Leroy Castillo, 33, Joe Padilla, 33, and Rolando Cantu, 39, all residents of Hobbs, N.M., and Anthony Pisana, 29, of Roswell, N.M., with methamphetamine trafficking and conspiracy charges.
Count 1 of the indictment charged all five defendants with conspiracy to distribute methamphetamine from Feb. 2014 through May 2014. Counts 2 charged Castillo, Flores and Pisana with possession of methamphetamine and Count 3 charged Cantu with the same crime. Counts 4 through 7 charged the defendants with using communication devices, phones, to facilitate drug trafficking crimes.
Flores was arrested on Aug. 30, 2014, in Carlsbad, N.M. On Oct. 17, 2014, Flores pled guilty to Counts 1 and 2 of the indictment. In entering his guilty plea, Flores admitted that on Mar. 4, 2014, officers found 83 grams of pure methamphetamine hidden in his vehicle during a routine traffic stop in Eddy County. Flores admitted that he was delivering the methamphetamine to another individual when he was stopped.
Pisana was arrested on June 23, 2014, and pled guilty on Sept. 16, 2014, to Count 1 of the indictment. Pisana admitted facilitating a methamphetamine purchase on behalf of a codefendant in Feb. 2014. He further admitted that in June 2014, agents executing a federal search warrant found 967 grams of methamphetamine in his Roswell residence. At sentencing Pisana faces a statutory minimum of five years and a maximum of 40 years in federal prison and at least four years of supervised release. His sentencing hearing has not been scheduled.
Cantu, who was arrested on July 7, 2014, has entered a not guilty plea to the indictment. He remains in federal custody pending trial which [is currently scheduled for June 2015]. Castillo and Padilla have yet to be arrested and are considered fugitives. Individuals with information regarding the whereabouts of Castillo or Padilla are asked to call the FBI at 505-622-6001. The charges in the indictment against Cantu, Castillo and Padilla are merely accusations and these defendants are presumed innocent unless proven guilty. If convicted on the charges in the indictment, each defendant faces a mandatory minimum of five years to a maximum of 40 years in prison.
This case is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office. The investigation of this case was led by the Las Cruces and Roswell offices of the FBI and Lea County Drug Task Force with assistance from the Las Cruces office of the DEA and New Mexico State Police. 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.
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 HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Man Pleads Guilty to May 2014 Robbery of Bank of America BranchRead the Press Release
ALBUQUERQUE – Randy Lee Gallahan, 55, of Albuquerque, N.M., pleaded guilty this morning to robbing the Bank of America branch located on 4th Street NW in Los Ranchos de Albuquerque, N.M., in May 2014.
Gallahan was arrested on May 3, 2014, on a criminal complaint alleging that he robbed the Bank of America branch that day. On May 21, 2014, Gallahan was indicted and charged with armed bank robbery.
During today’s change of plea hearing, Gallahan pled guilty to an information, and admitted robbing the bank by approaching a bank teller and suggesting to the teller that he had a gun or weapon. Gallahan further admitted confessing to the robbery several hours later when police tracked him down at an apartment complex. At the time, Gallahan was wearing the same clothes he wore when he committed the bank robbery, had proceeds from the robbery in pants pocket, and a replica handgun in his jacket.
Gallahan has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled. At sentencing, Gallahan faces a statutory maximum penalty of 20 years in prison.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
San Juan County Man Pleads Guilty to Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Casey Wayne Stallings, 30, of Kirtland, N.M., entered a guilty plea in federal court this morning to methamphetamine trafficking and firearm charges. Under the terms of his plea agreement, Stallings will be sentenced to 15 years in federal prison. His co-defendant, Jessica Chance Lucero, 25, also of Kirtland, N.M., entered a guilty plea to misprision of a felony.
Stallings and Lucero were arrested on May 22, 2014, on an indictment charging them with methamphetamine trafficking and firearms charges. Counts 1 and 2 charged Stallings and Lucero with conspiracy and possession of methamphetamine with intent to distribute. Count 3 charged the defendants with using and carrying a firearm in relation to a drug trafficking crime. Counts 4 and 5 respectively charged Stallings and Lucero with being felons in possession of a firearm. According to the indictment, the defendants committed the five offenses in San Juan County, N.M., on Jan. 27, 2014.
During today’s change of plea hearing, Stallings pled guilty to Counts 2 and 3 of the indictment. In his plea agreement, Stallings admitted that he was a drug dealer and that on Jan. 27, 2014, he possessed a large quantity of methamphetamine at his residence that he intended to sell to his drug customers. Stallings also admitted that he kept a firearm in his residence for the purpose of protecting himself from drug customers and other drug dealers who might try to rob him. Stallings admitted that he was prohibited from possessing firearms and ammunition due to his previous felony convictions of charges of robbery, possession of a controlled substance, possession of marijuana, and aggravated assault with a deadly weapon.
Lucero pled guilty to an information charging her with misprision of a felony, and admitted that on Jan. 27, 2014, she failed to report to law enforcement that Stallings was committing federal felony offenses at their residence. More specifically, Lucero admitted knowing that Stallings was selling methamphetamine out of their residence and that he possessed a firearm despite his status as a convicted felon.
Under the terms of his plea agreement, Stallings will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court. Lucero faces a statutory maximum penalty of three years of imprisonment of three years. Their sentencing hearings have yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Region II HIDTA Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys Lynn Wei-Yu Wang and Samuel A. Hurtado.
The Region II HIDTA Narcotics Task Force is comprised of officers from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
San Felipe Pueblo Man Sentenced to Federal Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Daniel Phillip Tenorio, 55was sentenced today in federal court in Santa Fe, N.M., to 51 months in prison to be followed by five years of supervised release. He will be required to register as a sex offender after completing his prison sentence. Tenorio was sentenced based on a jury’s guilty verdict on sexual abuse charges. Tenorio’s sentence was announced by U.S. Attorney Damon P. Martinez and William McClure, Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Tenorio, 55, a member and resident of San Felipe Pueblo in Sandoval County, N.M., was indicted in Sept. 2013, and charged with two counts of abusive sexual contact by use of force. According to the indictment, Tenorio had unlawful sexual contact with the victim between Jan. 2011 and Dec. 2011, in locations with San Felipe Pueblo in Sandoval County, N.M. Tenorio was convicted on both counts of the indictment on Aug. 21, 2014, following a four-day trial.
The evidence at trial established that on Jan. 24, 2012, the BIA initiated an investigation into Tenorio after receiving a referral from a school counselor reporting that a 16-year-old San Felipe Pueblo girl had disclosed possible sexual abuse. The victim testified about Tenorio’s practice of grabbing and fondling her breasts and bottom and making sexually explicit comments about what he wanted to do to her. Witnesses testified that they observed Tenorio grab and fondle the victim and direct sexually explicit remarks to her.
The evidence before the jury included two audio-taped interviews of Tenorio. During the first interview, Tenorio denied the victim’s allegations, but later admitted touching the victim in inappropriate ways and discussing sex in front of her. During the second interview, Tenorio admitted grabbing and fondling the victim’s chest and bottom and saying that he wanted to engage in sexual acts with her. He also admitted lying to the law enforcement officers when he initially denied the victim’s allegations. The evidence also included a handwritten statement by Tenorio in which he admitted having lied to the BIA and FBI when he denied the victim’s allegations, apologized for the way he treated the victim, and expressed remorse for his improper conduct. Tenorio testified in his own defense and claimed that he was coerced into admitting that he had improper sexual contact with the victim.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and Novaline D. Wilson.
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.
Otero County Man Charged with Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – David Ausborn Hiles, 48, of La Luz, N.M., has been charged with violating the federal firearms laws in a criminal complaint filed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. During proceedings in federal court in Las Cruces, N.M., earlier today, Hiles pleaded not guilty to the charges in the criminal complaint, and was ordered detained pending trial based on a judicial finding that he poses a danger to the community.
The criminal complaint charges Hiles with being a felon in possession of firearms and ammunition. It alleges that Hiles unlawfully possessed 36 firearms and ammunition at his residence in Otero County, N.M., on Nov. 25, 2014. According to the criminal complaint, the New Mexico State Police found the firearms and ammunition while executing a search warrant at Hiles’ residence. In Nov. 2014, Hiles was prohibited from possessing either firearms or ammunition because he previously has been convicted of the felony offense of aggravated assault with a deadly weapon.
If convicted of the charges in the criminal complaint, Hiles faces up to ten years in federal prison. Charges in criminal complaints are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police, with assistance from the 12th Judicial District Attorney’s Office for the State of New Mexico. Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.
Anthony, N.M., Man Sentenced to Almost Eleven Years for Violating Federal Firearms and Narcotics LawsRead the Press Release
ALBUQUERQUE – Abel Romero, 31, of Anthony, N.M., was sentenced today in federal court in Las Cruces, N.M., to 131 months in prison followed by three years of supervised release for violating the federal firearms and narcotics laws. Romero was sentenced based on a guilty plea entered on Dec. 5, 2013.
Romero and co-defendants, Jaime Cano, 31, of El Paso, Texas, and Victor Cano, 31, of Anthony, N.M., were arrested in May 2013, on a criminal complaint charging them with drug trafficking and firearms offenses. The three co-defendants subsequently were indicted on Aug. 14, 2013, in a ten-count indictment. Counts 1, 2 and 3 charged Romero, Victor Cano and Jaime Cano with conspiracy to distribute cocaine and distribution of cocaine in Doña Ana County, N.M., between Feb. 5, 2013 and Feb. 19, 2013.
The remaining seven counts of the indictment charged Romero with violating the federal narcotics and firearms laws. Counts 5, 7 and 9 charged Romero with distributing cocaine on three occasions between Feb. 11, 2013 and Feb. 19, 2013. Counts 6, 8 and 10 charged Romero with being a felon in possession of firearms and ammunition on four dates in Feb. 2013. At the time, Romero was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated assault, distribution of marijuana, and aggravated assault with a deadly weapon.
According to court filings, Romero sold ounce quantities of cocaine and firearms and ammunition to an individual working with law enforcement on four separate dates in Feb. 2013. Romero obtained the cocaine with the help of Victor Cano and Jaime Cano.
Romero pled guilty to all ten counts of the indictment on Dec. 5, 2013. In entering the guilty plea, Romero admitted that from Feb. 5, 2013 through Feb. 19, 2013, he obtained quantities of cocaine from a source of supply and sold the cocaine to another person. Romero admitted receiving and selling an aggregate of 154.5 grams of cocaine to the buyer during this time period. Romero also admitted that during this time he unlawfully possessed a number of firearms and ammunition knowing that as a result of his prior felony conviction of aggravated assault with a deadly weapon he could not lawfully possess firearms.
On Nov. 7, 2013, Jaime Cano and Victor Cano each pled guilty to Counts 2 and 3 of the indictment. Each admitted to conspiring with the other to distribute quantities of cocaine to Romero. Victor Cano was sentenced on Mar. 6, 2014, to 37 months in federal prison followed by three years of supervised release. Jaime Cano was sentenced on June 4, 2014, to 40 months in federal prison followed by three years of supervised release.
This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Shaheen P. Torgoley of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Sentenced to Probation for Stealing from Department of Veterans AffairsRead the Press Release
ALBUQUERQUE – Scott Till, 57, of Albuquerque, N.M., was sentenced today to two years of probation for his theft of government funds conviction. Till also was ordered to pay restitution in the amount of $179,492.00 to the Department of Veterans Affairs
Till, who is not a veteran, pled guilty to a felony information on Oct. 6, 2014, and admitted that in Nov. 2011, he took money from the government to which he was not entitled. Till committed the crime by keeping open a bank account into which the Department of Veterans’ Affairs was depositing money, specifically to maintain sole access to that money, knowing that he was not entitled to it. Till committed the crime in Bernalillo County, N.M.
This case was investigated by the Department of Veterans Affairs Office of Inspector General and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Georgia Couple Arrested in New Mexico on Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Alex Thomas Burns, 24, of Atlanta, Ga., and Riana Latel Cunningham, 22, of Stockebridge, Ga., entered not guilty pleas this morning to a criminal complaint charging them with methamphetamine trafficking charges.
Burns and Cunningham were arrested on Feb. 3, 2015, in Albuquerque, N.M., on a criminal complaint charging them with possession of methamphetamine with intent to distribute. According to the criminal complaint, Burns and Cunningham were arrested after officers allegedly found more than nine kilograms of methamphetamine in their vehicle during a routine traffic stop on Interstate 40 on the west side of Albuquerque. The methamphetamine was found after Burns allegedly consented to have the officer search the vehicle.
If convicted of the charges in the criminal complaint, Burns and Cunningham each face a statutory maximum penalty of not less than ten years and not more than life in prison. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Joel R. Meyers.
California Woman Arrested on Federal Heroin and Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Graciela Meraz, 38, of Chula Vista, Calif., entered a not guilty plea this morning in federal court in Albuquerque, N.M., to a criminal complaint charging her with heroin and methamphetamine trafficking offenses. Meraz remains in custody pending trial which has yet to be scheduled.
Meraz was arrested on Feb. 4, 2015, and was charged with possession of heroin and methamphetamine with intent to distribute. According to court documents Meraz was arrested by DEA agents at the Greyhound Bus Station in Albuquerque after a consensual search of her baggage revealed that she was carrying more than a kilogram of heroin and more than four kilograms of methamphetamine.
If convicted on the charges in the criminal complaint, Meraz faces a maximum statutory sentence of not less than ten years and not more than life in prison. Charges in criminal complaints are merely accusation, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
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 Nicholas J. Ganjei 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 collaboration 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.
Owner of Hobbs Gun Shop Sentenced to Twelve Months for Federal Firearms ConvictionRead the Press Release
ALBUQUERQUE – The owner of a gun shop in Hobbs, N.M., was sentenced this morning in in federal court in Las Cruces, N.M., twelve months in federal prison followed by three years of supervised release for violating the federal firearms laws, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Carlos Jonathan Cruz, 32, the owner of Hobbs Satellite Company Guns & Ammo, and his parents who assisted their son in operating the gun shop, Carlos Carlon Cruz, 61, and Norma M. Cruz, 57, were indicted in June 2013. The three defendants were charged with violating federal firearms laws by making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser” and buying firearms on behalf of others. Carlos Jonathan Cruz also was charged with unlawfully selling thousands of rounds of ammunition to an alien illegally in the United States, unlawfully possessing an unregistered sawed-off shotgun, and unlawfully possessing firearms with obliterated serial numbers.
On Jan. 7, 2014, Carlos Jonathan Cruz pled guilty to a felony information charging him with (1) making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and (2) unlawfully possessing firearms with obliterated serial numbers. In entering his guilty plea, Carlos Jonathan Cruz admitted that on April 23, 2013, he knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF. Cruz also admitted possessing a firearm with an obliterated serial number on May 29, 2013.
Carlos Jonathan Cruz’s parents each pled guilty to a felony information charging them with (1) making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and (2) unlawfully selling ammunition to a prohibited person. In entering their guilty pleas, Carlos Carlon Cruz and Norma Cruz admitted that on April 9, 2013, they sold 2,500 rounds of ammunition to an alien who was illegally in the United States. They also admitted that on April 23, 2013, they knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF.
Under the terms of his plea agreement, Carlos Carlon Cruz will be sentenced to a prison term not to exceed 41 months of imprisonment and Norma Cruz will be sentenced to a prison term not to exceed 30 months of imprisonment. They also are required, along with Carlos Jonathon Cruz, to forfeit approximately 165 firearms, 25,703 rounds of ammunition and six silencers. Their sentencing hearings have yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the DEA and the Hobbs Police Department, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office. Assistant U.S. Attorney Stephen R. Kotz is handling the related forfeiture proceedings.
Las Cruces Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – David Enriquez, 27, of Las Cruces, N.M., pled guilty this morning in Las Cruces federal court to methamphetamine trafficking charges.
Enriquez is one of three residents of Las Cruces who were charged in a four-count indictment that was filed in June 2014. Enriquez and co-defendant Josh Almaguer, 32, were arrested in Aug. 2014; their co-defendant Renelle Serna, 24, previously was arrested in July 2014. The indictment charged the three with trafficking methamphetamine in Doña Ana County, N.M., in May 2014.
During today’s proceedings, Enriquez pled guilty to Counts 1 and 2 of the indictment charging him with distributing methamphetamine on two occasions in May 2014. In entering his guilty plea, Enriquez admitted distributing a gram of methamphetamine to an undercover agent on May 9, 2014. Enriquez also admitted that he and his co-defendants distributed 14 grams of methamphetamine to an undercover agent on May 20, 2014.
Serna pled guilty on Jan. 6, 2014, to a felony information charging her with two counts of distributing methamphetamine and two counts of possession of more than 50 grams of methamphetamine with intent to distribute. In entering her guilty plea, Serna admitted that she and her co-defendants distributed methamphetamine to an undercover agent on two occasions on May 20, 0214. The first distribution involved 14 grams of methamphetamine and the second involved 28 grams. Serna also admitted possessing 146 grams of methamphetamine with intent to distribute on May 23, 2014. She also admitted that on July 25, 2014, she possessed 134.6 grams of methamphetamine with the intention of distributing the drugs.
At sentencing, Enriquez faces a statutory maximum penalty of 20 years, and Serna faces a minimum of five years and a maximum of 40 years in prison. Both remain in federal custody pending their sentencing hearings which have yet to be scheduled.
Almaguer has entered a plea of not guilty to the indictment. The charges in the indictment are merely accusations and Almaguer is presumed innocent unless proven guilty.
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. The case 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.
California Man Sentenced in New Mexico for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eddieberto Garcia, 36, of Oceanside, Calif., was sentenced today in federal court in Las Cruces, N.M., to 97 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction. Garcia’s crime of conviction involved possession of approximately two kilograms of methamphetamine with intent to distribute.
Garcia was arrested on Aug. 22, 2013, in Las Cruces, N.M., on a criminal complaint alleging possession of methamphetamine with intent to distribute following a routine traffic stop. According to the complaint, Garcia was stopped on July 27, 2013, in Doña Ana County, N.M., for speeding. After issuing a citation to Garcia, the officer requested and obtained Garcia’s consent to a search of his vehicle. After a narcotics canine alerted to narcotics, the officer found three bundles containing methamphetamine that were wrapped in cellophane and concealed within the vehicle’s door panels. Garcia subsequently was indicted in a two-count indictment charging him with conspiracy and possession of methamphetamine with intent to distribute.
Garcia pled guilty on Feb. 14, 2014, to possession of methamphetamine with intent to distribute. In entering his guilty plea, Garcia admitted that on July 27, 2013, he possessed 2.06 kilograms of methamphetamine with intent to distribute. He further admitted that on that date he was driving to meet another individual and planning to deliver the methamphetamine to that individual.
This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorney Alexander B. Shapiro 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.
Albuquerque Man Arraigned on Federal Conspiracy, Hobbs Act and Firearms ChargesRead the Press Release
ALBUQUERQUE – Raymond Castillo, 25, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with violating the Hobbs Act and the federal firearms laws. Castillo entered a not guilty plea to the charges against him. Castillo will remain in federal custody pending trial of this case which has yet to be scheduled.
Castillo was arrested on Dec. 12, 2014, on a criminal complaint charging him with conspiracy to rob a business involved in interstate commerce at gunpoint in violation of the Hobbs Act. The criminal complaint alleged that Castillo and an unidentified co-conspirator robbed a convenience store located at 1111 Lomas Blvd. NW in Albuquerque at gunpoint on Dec. 7, 2014. It further alleges that the co-conspirator, who was wearing a hooded sweatshirt and a bandana that covered his face, shot and injured the store clerk during the robbery, and that Castillo drove the co-conspirator away from the scene of the robbery.
On Jan. 21, 2015, a federal grand jury returned a five-count indictment charging Castillo and five co-defendants with commercial armed robbery and firearms charges. The charges in the indictment are unrelated to the charges in the criminal complaint.
Count 1 of the indictment charges Castillo, Daniel Maestas, 34, Johnny Ramirez, 30, Frank Gallegos, 29, Reyes Lujan, 26, and Henry Lujan, 21, with conspiracy to violate the Hobbs Act. Count 2 alleges that the six men interfered with interstate commerce by robbing a Wal-Mart Store located in Bernalillo County, N.M., on Oct. 29, 2014. Count 3 charges Castillo with discharging a firearm during the robbery of the Wal-Mart store, and Count 4 charges Maestas with using and carrying a firearm during that robbery. Count 5 charges Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
Gallegos was arraigned on the indictment on Feb. 3, 2015, after he was transferred from state custody to federal custody to face the charges in this case. Gallegos entered a not guilty plea to the indictment and was ordered detained pending trial. The remaining four defendants are in state custody and will be transferred to federal custody to face the charges in the indictment.
With the exception of Castillo, the defendants each face a statutory maximum penalty of 20 years in prison if convicted on Counts 1 and 2, the conspiracy and Hobbs Act charges. With the exception of Castillo, the defendants each face a mandatory five-year prison sentence if convicted of using and carrying a firearm or aiding and abetting that crime. The five-year sentence must be served consecutive to any sentence imposed on the conspiracy and Hobbs Act charges.
On Feb. 1, 2015, the United States filed a prior felony information against Castillo under 18 U.S.C. § 3559(c), the federal “three strikes” law, based on Castillo’s prior serious felony convictions. Consequently, if convicted of any of the three charges against him, Castillo faces the enhanced sentence of mandatory life imprisonment. If convicted of the crimes charged in the criminal complaint, Castillo faces a statutory maximum penalty of 20 years in prison on the Hobbs Act count and a mandatory ten year prison sentence for aiding and abetting the discharge of a firearm during a crime of violence. The ten-year sentence must be served consecutive to any sentence imposed on the Hobbs Act charges.
Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Previously Deported Mexican National Sentenced to Prison for Unlawful Re-Entry into United StatesRead the Press Release
ALBUQUERQUE – A previously deported Mexican national was sentenced today in federal court in Las Cruces, N.M., to a 57-month prison term for illegally re-entering the United States.
Alejandro Soto-Robledo, 23, was sentenced for his illegal re-entry conviction and for having violated his previous deportation status following an aggravated felony conviction. Soto-Robledo was deported to Mexico in Sept. 2011, following an aggravated felony conviction for drug trafficking in Colorado. He was arrested in this case on April 25, 2014, by U.S. Border Patrol Agents near Sunland Park, N.M. Soto-Robledo was indicted on July 16, 2014, for illegally reentering into the United States without having first obtained the consent of the Department of Homeland Security to reapply for admission to the U.S.
Soto-Robledo will be deported to Mexico after completing his prison sentence.
This case was investigated by the U.S. Border Patrol and was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Major Albuquerque-Area Drug Trafficker Sentenced to Twelve and a Half Years in Federal PrisonRead the Press Release
ALBUQUERQUE – Alfredo Ochoa, 41, a Mexican national with legal permanent resident status in the United States, was sentenced today in federal court for his conviction on methamphetamine, crack cocaine and cocaine trafficking charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division and Director Mark Payne of New Mexico HITDA.
Ochoa was sentenced to 150 months in federal prison. He also was ordered to pay a money judgment in the amount of $500,000.00, which represents a portion of the proceeds he derived from his drug trafficking activities. Ochoa, a resident of Albuquerque, N.M., will be deported after completing his prison sentence.
Ochoa was one of 15 defendants charged in late 2011 and early 2012 as a result of an investigation by the DEA and the HIDTA Region I Narcotics Task Force into drug trafficking in Bernalillo County, N.M. During the course of the investigation, law enforcement authorities seized $211,404 in currency, four pounds of methamphetamine, 397 grams of crack cocaine, 199 grams of cocaine and 157.8 grams of Oxycodone, seven vehicles and a firearm. 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.
Ochoa and a codefendant were arrested on a criminal complaint in Sept. 2011, and have been in federal custody since that time. The two men subsequently were indicted on methamphetamine trafficking charges in Oct. 2011. In Feb. 2012, the indictment was superseded to add 13 more codefendants and include additional drug trafficking charges involving the distribution of methamphetamine, crack cocaine, cocaine and heroin. To date, 14 of the 15 defendants charged have been arrested and one remains a fugitive. Twelve of the defendants have entered guilty pleas, and two have entered not guilty pleas and are pending trial.
Ochoa pleaded guilty to three narcotics trafficking conspiracy charges in Aug. 2014, and admitted his role in conspiracies to distribute methamphetamine, crack cocaine and cocaine. In entering his guilty plea, Ochoa admitted his involvement in multiple conspiracies to distribute drugs in Albuquerque between June 2010 and Sept. 2011. Ochoa acknowledged that he frequently sold large quantities of methamphetamine, crack cocaine and cocaine to individuals who resold the drugs to others.
This case was investigated by the Albuquerque office of the DEA and the HITDA Region I Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Linda Mott. The HITDA Region I Narcotics Task Force is comprised of agents and officers from the DEA, Albuquerque Police Department, Sandoval County Sheriff’s Office, Valencia County Sheriff’s Office, Rio Rancho Police Department and the Pueblo of Pojoaque Tribal Police Department. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Colorado Man Pleads Guilty to Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Martin Pelayo, 39, of Colorado Springs, Colo., pleaded guilty this morning in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Pelayo was arrested on Sept. 29, 2014, at the Greyhound Bus Station in Albuquerque, N.M., after a consensual search of his baggage by DEA agents revealed that he was carrying more than a kilogram of heroin concealed in a sleeping bag. Pelayo subsequently was indicted on Oct. 21, 2014, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Pelayo pled guilty to a felony information charging him with possession of heroin with intent to distribute. In his plea agreement, Pelayo admitted that on Sept. 26, 2014, he was traveling on a Greyhound Bus from Los Angeles, Calif., to Charlotte, N.C. During a stop in Albuquerque, Pelayo had a conversation with a law enforcement officer during which he permitted the officer to search his luggage. The search revealed two bundles of heroin which were concealed within Pelayo’s sleeping bag. Pelayo admitted that he was planning to deliver the heroin to another person in exchange for money.
At sentencing, Pelayo faces a maximum statutory penalty of 20 years in federal prison. Pelayo was remanded into federal custody after entering his guilty plea. He will remain 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 Jacob Wishard 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 collaboration 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.
Community Health Systems Professional Services Corporation and Three Affiliated New Mexico Hospitals to Pay $75 Million to Settle False Claims Act AllegationsRead the Press Release
ALBUQUERQUE – Community Health Systems Professional Services Corporation (CHSPSC) and three affiliated New Mexico hospitals (collectively CHS) have agreed to pay the United States $75 million to settle allegations that they violated the False Claims Act by making illegal donations to county governments which were used to fund the state share of Medicaid payments to the hospitals, the Justice Department announced today. CHSPSC is based in Franklin, Tennessee, and manages more than 200 affiliated hospitals in 29 states. The three New Mexico hospitals are Eastern New Mexico Medical Center in Chaves County, Mimbres Memorial Hospital and Nursing Home in Luna County and Alta Vista Regional Medical Center in San Miguel County.
“Congress expressly intended that states and counties use their own money when seeking federal matching funds in order to encourage them to join the federal government in ensuring that Medicaid funds are spent on the needs of beneficiaries,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “When private hospitals violate the rules against hospital donations funding the state share, that important protection of the Medicaid program is destroyed.”
New Mexico’s Sole Community Provider (SCP) program, which was discontinued in 2014, provided supplemental Medicaid funds to hospitals in mostly rural communities. The federal government reimbursed the state of New Mexico for approximately 75 percent of its health care expenditures under the SCP program. Under federal law, New Mexico’s 25 percent “matching” share of SCP program payments had to consist of state or county funds, and not impermissible “donations” from private hospitals. This restriction on the use of private hospital funds to satisfy state Medicaid obligations was enacted by Congress to curb possible abuses and ensure that states have sufficient incentive to curb rising Medicaid costs.
The United States alleged that from Aug. 1, 2000, through Dec. 31, 2010, CHS knowingly caused the state of New Mexico to present false claims to the United States for payments made to CHS under the SCP program by making improper donations to Chaves, Luna, and San Miguel counties, which were then used by the counties, and subsequently the state, to obtain federal matching payments. The government alleged that CHS concealed the true nature of these donations to avoid detection by federal and state authorities, and as a result of its scheme, received SCP payments which were funded by the United States in the amount of three times CHS’ “donations.”
“Hundreds of thousands of New Mexicans depend on Medicaid for medical care and other services,” said U.S. Attorney Damon P. Martinez for the District of New Mexico. “This litigation underscores the importance of maintaining the integrity of the Medicaid Program. Those who violate the law in order to profit from the Medicaid Program undercut the financial integrity of the program and can thus put at risk the availability of medical care and other services to those in need. We are committed to protecting the integrity of the Medicaid Program no matter the effort required or the time it may take, even in the face of the most vigorous litigation.”
“Hospitals that make provider donations with the expectation that they will receive a windfall from the Medicaid program threaten the integrity of the Medicaid program and will be held accountable,” said Special Agent in Charge Mike Fields for the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas region.
The settlement announced today stems from a whistleblower complaint filed by a former CHSPSC revenue manager, Robert Baker, pursuant to the qui tam provisions of the False Claims Act, which permit persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit. The act also permits the government to intervene in and take over the lawsuit, as it did in this case as to some of Baker’s allegations. The United States did not intervene in Baker’s allegations as to SCP payments made to two other affiliated New Mexico hospitals, Carlsbad Medical Center and Lea Regional Medical Center. Today’s settlement also resolves these other allegations. Baker will receive $18,671,561 as his share of the government’s recovery.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.5 billion through False Claims Act cases, with more than $15 billion of that amount recovered in cases involving fraud against federal health care programs.
The investigation and litigation of this case was conducted by Assistant U.S. Attorney Howard R. Thomas of the U.S. Attorney’s Office for the District of New Mexico and Senior Trial Counsel Robert J. McAuliffe and Elizabeth A. Rinaldo and Trial Attorney Adam R. Tarosky of the Justice Department’s Civil Division, with assistance from HHS-OIG and the Office of General Counsel of HHS. The case is captioned United States ex rel. Baker v. Community Health Systems Professional Services Corporation, et al., Civ. Action No. 05-279 (D. N.M.). The claims settled by this agreement are allegations only and there has been no determination of liability.
Albuquerque Accountant Pleads Guilty to Misusing Treasury Department Names and SymbolsRead the Press Release
ALBUQUERQUE – James A. Vaughn, 64, of Albuquerque, N.M., pleaded guilty this morning to the misdemeanor offense of misusing Department of Treasury names and symbols. Under the terms of his plea agreement, Vaughn will be sentenced to a year of probation.
Vaughn, a certified public accountant, was indicted in April 2014. The two-count indictment charged Vaughn with misusing Treasury Department names and symbols and mail fraud. Count 1 of the indictment alleged that in connection with his accounting practice, Vaughn used the words “Department of the Treasury” and “Internal Revenue Service” to convey the false impression that his business activity had been approved or endorsed by the Treasury Department or IRS. Count 2 charged Vaughn with sending his client a bill by mail for work that had not actually been done, by falsely representing to a client that the client’s tax lien had been resolved by the Treasury Department and IRS, as described in Count 1.
Today Vaughn pled guilty to misusing Treasury Department names and symbols. In entering his guilty plea, Vaughn admitted that in Jan. 2013, a client requested his services in resolving a federal tax lien. Rather than actually resolving the tax lien, Vaughn admitted that he created a false document that used the Treasury symbol and stated that the tax lien had been resolved. Vaughn committed this offense on Jan. 30, 2013, in Bernalillo County, N.M.
Vaughn’s sentencing date has yet to be scheduled. In addition to his probationary sentence, he faces a fine not to exceed $10,000.00.
The case was investigated by the Treasury Inspector General for Tax Administration and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
DEA Augments Tactical Diversion Squad with Officers from Santa Fe and Albuquerque Police DepartmentsRead the Press Release
ALBUQUERQUE – The Albuquerque office of the DEA has expanded its Tactical Diversion Squad (TDS) to include two Santa Fe Police Department officers and an Albuquerque Police Department officer. DEA’s TDSs 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.
The expansion of the TDS in Albuquerque was undertaken as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, which was launched earlier this month to address New Mexico’s heroin and opioid crisis. The HOPE Initiative is a collaboration between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center working in partnership with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in Mexico. The Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.
“New Mexico’s opioid addiction and overdose death rates have been at or near the top of the national scale for years,” said U.S. Attorney Damon P. Martinez. “We are pleased to have local officers from communities hardest hit by this crisis join our efforts to take on this deadly epidemic.”
Assistant Special Agent in Charge Sean R. Waite said, “DEA’s efforts in New Mexico are impossible without the support of our local partners. We value the relationships we have developed with the Santa Fe and Albuquerque Police Departments. Together we will continue to attack heroin and opioid trafficking in our communities.”
“The Santa Fe Police Department is committed to being part of this multi-agency response to a vicious epidemic that has trapped too many New Mexicans in a vicious cycle of drugs, criminality, incarceration and death,” said Santa Fe Police Chief Eric Garcia. “We will work aggressively with our partners on the DEA’s Tactical Diversion Squad to keep our streets safe and our children free from drug addiction and abuse.”
“Heroin deaths have reached epidemic levels in the state,” said Albuquerque Police Chief Gorden E. Eden. “The Drug Enforcement Agency has expanded its tactical diversion task force to target heroin dealers and the diversion of licit pharmaceuticals. This expanded partnership will also focus on prevention, education and restoring our communities.”
The newly-expanded TDS will focus its efforts on the prevention and education and law enforcement components of the HOPE Initiative. On the law enforcement front, the TDS will investigate violations of the Controlled Substances Act and other laws pertaining to the diversion of controlled substance pharmaceuticals. It will prioritize investigating, disrupting and dismantling individuals and organizations involved in diversion schemes (e.g., “doctor shopping,” prescription forgery rings, and doctors or pharmacists who illegally diverts prescription controlled substances. The TDS’s efforts on the prevention and education front will include educating medical professionals about how prescription drug trafficking and abuse contributes to New Mexico’s heroin and opioid epidemic, and making presentations on the dangers of prescription drug abuse to teenagers and their parents.
Acoma Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Robert Lucero, 45, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 24 months in federal prison followed by two years of supervised release for his assault conviction.
Lucero was arrested on May 21, 2014, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Lucero subsequently was charged in a two-count indictment with assault with a dangerous weapon and assault resulting in serious bodily injury. According to court filings, Lucero assaulted the victim, also an Acoma Pueblo man, with a wooden bat or stick on May 1, 2014 within the boundaries of the Pueblo of Acoma Reservation.
On Sept. 29, 2014, Lucero entered a guilty plea to Count 2 of the indictment, and admitted assaulting the victim with a wooden axe handle on May 1, 2014. Court filings reflect that the victim sustained several lacerations to the head that required medical stapling and stitching.
This case was investigated by the Albuquerque office of the FBI and Acoma Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Prior Sex Offender from Albuquerque Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Kyle Morrow, 30, of Albuquerque, N.M., pled guilty this morning to possession of a visual depiction of a minor engaged in sexually explicit conduct. Morrow’s plea agreement requires that he be sentenced to 120 months in prison because of his prior child pornography conviction.
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 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 it. 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.
Today 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.
Morrow has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled. Under the terms of his plea agreement, Morrow will be sentenced to 120 months in federal prison followed by a term of supervised release to be determined by the court. As part of the conditions of release Morrow will be required to register as a sex offender after completing his prison sentence.
This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Forensic Laboratory, and is being 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/.
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 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 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.
Pinedale Man Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Alvin Charley, 36, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., pleaded guilty this morning to a voluntary manslaughter charge. Under the terms of the plea agreement, Charley will be sentenced to 120 months in federal prison followed by a term of supervised release to be determined by the court.
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.
During today’s proceedings, 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.
Charley 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 Albuquerque and Gallup offices of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting this case.
Non-Indian Man from Isleta Pueblo Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE—Gabriel Chavez, 32, a non-Indian residing in Isleta Pueblo, N.M., pleaded guilty this morning to a child sexual abusive charge. Under the terms of his plea agreement, Chavez will be sentenced to 30 months in federal prison followed by a term of supervised release to be determined by the court. He will be required to register as a sex offender after completing his prison sentence.
Chavez was arrested on July 29, 2014, on a five-count indictment alleging that he sexually abused two Indian children between Aug. 2012 and July 2013, in Indian Country in Bernalillo County, N.M. Counts 1 through 3 charged Chavez with abusive sexual contact involving a child victim between the age of 12 and 16 years. Counts 4 and 5 charged Chavez with abusive sexual contact involving a second child victim under the age of 12 years.
Today Chavez entered a guilty plea to Count 1 of the indictment charging him with abusive sexual contact involving a child victim between the age of 12 and 16 years. Chavez admitted engaging in sexual contact with the child victim which included touching the victim’s genitals and other parts of her body.
Chavez remains in the custody of the U.S. Marshals Service pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson 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/.
Last of Three Deming Drug Traffickers Pleads Guilty to Federal Methamphetamine ChargesRead the Press Release
ALBUQUERQUE – Sylvia Grado, 31, of Deming, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Sylvia Grado was arrested in July 2014, together with co-defendants Juan Grado, 34, and Carlos Magallanes, 34, also of Deming, N.M., on a seven-count indictment alleging methamphetamine trafficking charges. Count 1 charged the three defendants with conspiracy to distribute methamphetamine in Luna County, N.M., between Oct. 2012 and May 2013. Counts 2 through 6 charged Juan Grado and Magallanes with distributing methamphetamine in Luna County on several occasions. Count 7 charged Sylvia Grado with distributing methamphetamine on May 14, 2013.
During yesterday’s hearing, Sylvia Grado pled guilty to Counts 1 and 7 of the indictment. In her plea agreement, Sylvia Grado admitted that between Oct. 2012 and May 2013, she conspired with Juan Grado and Magallanes to distribute methamphetamine. She further admitted that on May 14, 2013, she distributed approximately 28 grams of methamphetamine to an undercover law enforcement officer.
Juan Grado pled guilty on Jan. 2, 2015, to Counts 1, 3, and 6 of the indictment, and admitted distributing approximately 453 grams of pure methamphetamine. Magallanes pled guilty on Jan. 16, 2015, to Counts 1, 2, 4, and 5 of the indictment, and admitted to conspiring with Juan Grado and others to distribute methamphetamine from Oct. 2012 through Jan. 2013.
At sentencing, Sylvia Grado and Juan Grado each face a mandatory minimum of ten years and a maximum of life in federal prison. Magallanes faces a mandatory minimum of five years and a maximum of 40 years in prison at sentencing. Sylvia Grado remains on conditions of release and under pretrial supervision pending her sentencing hearing, while Juan Grado and Magallanes remain in federal custody pending their sentencing hearings.
This case was investigated by the Las Cruces office of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Former Los Alamos National Laboratory Scientist Sentenced to Prison for Atomic Energy Act ViolationsRead the Press Release
ALBUQUERQUE – Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Damon P. Martinez for the District of New Mexico, Assistant Director Randall C. Coleman of the FBI’s Counterintelligence Division and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division announced that Pedro Leonardo Mascheroni, a scientist formerly employed at the Los Alamos National Laboratory (LANL), was sentenced this morning for Atomic Energy Act and other violations relating to his communication of classified nuclear weapons data to a person he believed to be a Venezuelan government official.
Mascheroni, 79, a naturalized U.S. citizen from Argentina, was sentenced in Albuquerque, New Mexico, by U.S. District Judge William P. Johnson to 60 months in federal prison followed by the three years of supervised release. His wife, Marjorie Roxby Mascheroni, 71, previously was sentenced in August 2014 to a year and a day of imprisonment followed by three years of supervised release for her conviction on conspiracy and false statement charges.
“The public trusts that the government will do all it can to safeguard Restricted Data from being unlawfully transmitted to foreign nations not entitled to receive it,” said Assistant Attorney General Carlin. “We simply cannot allow people to violate their pledge to protect the classified nuclear weapons data with which they are entrusted. Today’s sentencing should leave no doubt that counterespionage investigations remain one of our most powerful tools to protect our national security. I thank the many people who worked to bring these convictions to fruition.”
“Our laws are designed to prevent ‘Restricted Data’ from falling into the wrong hands because of the potential harm to our national security,” said U.S. Attorney Martinez. “Those who work at our country’s national laboratories are charged with safeguarding that sensitive information, and we must and will vigorously prosecute anyone who compromises our nation’s nuclear secrets for profit. I commend the many agents, analysts and prosecutors who worked tirelessly to bring about the convictions in this case. I also thank the Los Alamos National Laboratory for cooperating fully in the investigation and prosecution of this case.”
“This case demonstrates the consequences that result when those charged with protecting our nation’s secrets violate the trust placed in them by the American people,” said Assistant Director Coleman. “Safeguarding classified material is vital to the public interest, and the FBI will continue to hold accountable those who knowingly and willfully threaten the national security of the United States through the unauthorized disclosure of protected information.”
“America trusts those who work with our country's classified information to keep it away from those who would harm us. Anyone who betrays that trust for his own gain puts our nation's security up for auction, and the price for us all could be very high indeed,” said Special Agent in Charge Carol K.O. Lee of the FBI Albuquerque Division. “Since World War II, the FBI has worked tirelessly to protect U.S. nuclear weapons data, and we are proud of our investigation in this case.”
Mascheroni, a Ph.D. physicist, worked as a scientist at LANL from 1979 to 1988 and held a security clearance that allowed him access to certain classified information, including “Restricted Data.” Roxby Mascheroni worked at LANL between 1981 and 2010, where her duties included technical writing and editing. She also held a security clearance at LANL that allowed her access to certain classified information, including “Restricted Data.” As defined under the Atomic Energy Act, “Restricted Data” is classified information concerning the design, manufacture or use of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy.
Mascheroni and Roxby Mascheroni were indicted in September 2010 and charged with conspiracy to communicate and communicating Restricted Data to an individual with the intent to secure an advantage to a foreign nation, as well as conspiracy to convey and conveying classified information. The indictment also charged Mascheroni with concealing and retaining U.S. records with the intent to convert them to his own use and gain, and both defendants with making false statements.
Mascheroni pleaded guilty in June 2013, to counts seven and eight of the indictment, charging him with conversion of government property and retention of U.S. records, and counts 10 through 15, charging him with making false statements. Mascheroni also pleaded guilty to a felony information charging him with two counts of communication of Restricted Data and one count of retention of national defense information.
In entering his guilty plea, Mascheroni admitted that in November 2008 and July 2009, he unlawfully communicated Restricted Data to another individual with reason to believe that the data would be utilized to secure an advantage to Venezuela. He also admitted unlawfully converting Department of Energy information to his own use and selling the information in November 2008 and July 2009, and failing to deliver classified information relating to the United States’ national defense to appropriate authorities and instead unlawfully retaining the information in his home. Finally, Mascheroni admitted making materially false statements to the FBI when he was interviewed in October 2009.
Roxby Mascheroni pleaded guilty in June 2014, to count six of the indictment, charging her with conspiracy, and counts 16 through 22, charging her with making false statements. She also pleaded guilty to a felony information charging her with conspiracy to communicate Restricted Data. Roxby Mascheroni admitted that between October 2007 and October 2009, she conspired with Mascheroni to convey Restricted Data belonging to the United States to another person with reason to believe that the information would be used to secure an advantage to Venezuela. She also admitted making materially false statements to the FBI when she was interviewed in October 2009.
The indictment in this case did not allege that the government of Venezuela or anyone acting on its behalf sought or was passed any classified information, nor did it charge any Venezuelan government officials or anyone acting on their behalf with wrongdoing. The indictment also did not allege any wrongdoing by other individuals working at LANL.
This investigation was conducted by the FBI’s Albuquerque Division with assistance from the Department of Energy and LANL. The prosecution was handled by Assistant U.S. Attorneys Fred J. Federici, Dean Tuckman and Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Senior Counsel Kathleen Kedian and Trial Attorney David Recker of the Counterespionage Section of the Justice Department’s National Security Division.
Former Governor of Santa Ana Pueblo Pleads Guilty to Federal Embezzlement and Tax ChargesRead the Press Release
ALBUQUERQUE – A former Governor of Santa Ana Pueblo and a real estate consultant pleaded guilty this morning to federal embezzlement and tax charges arising out of a scheme to embezzle approximately $3,575,000.00 from the Indian Pueblo Federal Development Corporation (IPFDC), an Indian tribal organization formed by the 19 Pueblos of New Mexico for the purpose of developing land that once had been the site of the Albuquerque Indian School.
Bruce Sanchez, 60, a member, resident and former Governor of Santa Ana Pueblo, N.M., entered a guilty plea to embezzlement from an Indian tribal organization and tax evasion charges. His co-defendant Thomas Keesing, 61, of Pecos, N.M., pled guilty to aiding and abetting embezzlement from an Indian tribal organization and the willful failure to file a tax return. The guilty pleas were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Dawn Mertz of the Phoenix Field Office of IRS Criminal Investigation, and Matthew Elliot, Deputy Assistant Inspector General for Investigations for the Department of the Interior.
Sanchez and Keesing were indicted in Oct. 2012, and charged with a conspiracy offense and ten substantive embezzlement offenses arising out of the scheme to steal funds belonging to the IPFDC. The 15-count indictment also charged Sanchez with three tax evasion counts alleging an aggregate federal tax loss of $655,276.00, and a misdemeanor count of willful failure to file a tax return. In Aug. 2013, Keesing was charged by information with three misdemeanor counts of failure to file tax returns and those tax charges were consolidated into the case. The information charged Keesing with failure to file federal tax returns for calendar years 2006, 2007 and 2008, even though he received gross income in the aggregate amount of $2,771,250.00 during those three years.
According to the indictment, between 2003 and 2009, Sanchez and Keesing conspired to embezzle approximately $3,575,000.00 from the IPFDC. During that time, Sanchez was the president and chief executive officer of the IPFDC. Keesing, a commercial real estate developer and the owner of New Mexico Real Estate, Inc. (NMREI), worked as a consultant for IPFDC in 2002 and 2003. Sanchez and Keesing engaged in a scheme to unlawfully profit from the development of the Albuquerque Indian School property by having Keesing submit false and fraudulently inflated invoices for payment from NMREI to the IPFDC. Sanchez approved the invoices even though the payments were vastly in excess of the value of any services provided by Keesing and NMREI. Keesing then shared the proceeds of the fraudulently obtained IPFDC payments with Sanchez. Between 2003 and 2008 and as a result of this illegal scheme, Keesing and NMREI received $3,775,000.00 in payments from the IPFDC, including $3,575,000.00 that was fraudulently obtained. During that same period, Sanchez and Tsachu, LLC, his solely-owned consulting company, received approximately $1,722,823.04 from Keesing and NMREI.
This morning, Sanchez entered guilty pleas to Counts 3 and 13 of the indictment charging him with embezzlement from an Indian tribal organization and tax evasion, respectively. Sanchez’s plea agreement details the embezzlement scheme through which Sanchez and Keesing defrauded the IPFDC of $3,575,000.00. Sanchez brought Keesing onto the IPFDC development team in 2002 and Keesing performed services for the IPFDC in 2002 and 2003. Thereafter, Sanchez and Keesing entered into a brokerage and development agreement that was never presented to the IPFDC board for approval, and used the agreement as the vehicle to perpetuate their embezzlement scheme. Between Jan. 2005 and Nov. 2008, Keesing and NMREI submitted more than 100 invoices for professional services purportedly provided in connection with the development of the Albuquerque Indian School site. Sanchez arranged for the IPFDC to pay the invoices, and in return, Sanchez and Tsachu, LLC, received more than 100 checks in the aggregate amount of $1,652,823.04 from Keesing and NMREI. Although this illegally obtained money was taxable income, Sanchez did not report the income to the IRS.
Keesing pled guilty to Count 3 of the indictment charging him with aiding and abetting embezzlement from an Indian tribal organization, and Count 1 of the misdemeanor information charging him with the willful failure to file an income tax return. Keesing’s plea agreement sets forth a detailed description of his role in the embezzlement scheme that defrauded the IPFDC of $3,575,000.00. According to his plea agreement, Keesing shared these illegally obtained proceeds with Sanchez with Sanchez taking $1,652,823.00, and Keesing retaining the balance. Keesing acknowledged that Sanchez provided nothing of value in return for this money and used Keesing as a conduit to receive IPFDC funds to which he was not entitled. Keesing participated in the scheme to obtain additional compensation for work he previously performed on behalf of the IPFDC and for which he felt he was not adequately compensated. Although the proceeds Keesing obtained from the IPFDC were taxable income, he failed to file federal tax returns reporting the income.
Sanchez and Keesing remain on conditions of release and under pretrial supervision pending their sentencing hearings, which have yet to be scheduled. At sentencing, Sanchez faces a statutory maximum penalty of five years in prison on each of the two counts of conviction. Keesing faces a statutory maximum of five years in prison on the embezzlement count and up to one year in prison on the tax count. The plea agreements also require that Sanchez and Keesing pay full restitution to the IPFDC for the losses it sustained as a result of their criminal conduct.
In announcing the guilty pleas, U.S. Attorney Damon P. Martinez said, “The IPFDC was established to develop real estate for the benefit of the 19 Pueblos of New Mexico and their people. Bruce Sanchez was entrusted to spearhead that development. Instead, Sanchez betrayed the people he was duty-bound to serve.”
“Mr. Sanchez and Mr. Keesing used their positions of power to line their own pockets at the expense of the members of New Mexico’s Pueblos. By pleading guilty today and accepting responsibility, the defendants have taken a positive first step in making amends for the harm they have caused,” stated IRS Criminal Investigation Special Agent in Charge Dawn Mertz.
“The investigation and successful prosecution of Sanchez and Keesing exemplifies the good that occurs when law enforcement agencies and the Department of Justice collaborate in the public interest,” said Matthew Elliott, Deputy Assistant Inspector General for Investigations for the Department of the Interior.
The case was investigated by the IRS Criminal Investigation and the Department of the Interior’s OIG, and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
Las Cruces Man Sentenced to Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Justin E. Clark, 22, of Las Cruces, N.M., was sentenced today in Las Cruces federal court to 63 months in federal prison for violating the federal firearms laws. Clark will be on supervised release for 3 years after completing his term of incarceration.
Clark was arrested on April 22, 2014, on a criminal complaint charging him with distribution of a controlled substance, possession of a machine gun, possession of a firearm by a drug addict, possession of a firearm with an obliterated serial number, and possession of a silencer. Clark has been in federal custody since his arrest.
On Sept. 3, 2014, Clark pled guilty to a two-count felony information charging him with being a drug addict in possession of a firearm, and unlawfully possessing a machinegun. In his plea agreement, Clark admitted that on April 18, 2014, he illegally purchased and possessed a fully automatic machinegun that had an obliterated serial number and silencer. Clark further admitted that he possessed the firearm at a time when he was addicted to crack cocaine.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Region VII 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 for Unlawful Possession of Forged and Counterfeit Postage StampsRead the Press Release
ALBUQUERQUE – James H. Clark, Jr., 62, of Las Cruces, N.M., was sentenced late yesterday afternoon in Las Cruces federal court for possession with intent to use forged and counterfeited postage meter stamps. Clark was sentenced to five years of probation and was ordered to pay $365,827.00 in restitution to the U.S. Postal Service.
Clark, the owner and operator of a business selling books through internet websites, was indicted on Feb. 19, 2014, and charged with possession with intent to use forged and counterfeited postage meter stamps. He pled guilty to the indictment on April 10, 2014.
In entering his guilty plea, Clark admitted that on Oct. 19, 2010, he knowingly possessed 1,527 forged and counterfeited postage meter stamps that he created by copying original postage meter stamps that he purchased from stamps.com. Clark also admitted that he intended to use the forged and counterfeited stamps to mail packages through the U.S. Postal Service. He acknowledged that the total face value of the forged and counterfeited stamps was $9,142.98. In his plea agreement, Clark acknowledged that the U.S. Postal Service sustained $365,827.00 in losses as a result of his criminal activities, and agreed to pay restitution in that amount.
This case was investigated by the U.S. Postal Inspection Service and was prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Woman Sentenced for Attempted Theft from Laguna Pueblo’s Route 66 CasinoRead the Press Release
ALBUQUERQUE – Charlene Baca, 44, of Albuquerque, N.M., was sentenced today to time-served (189 days in custody) followed by three years of supervised release for her conviction for theft from an Indian gaming establishment.
Baca was arrested on Oct. 5, 2013, on a criminal complaint charging her with threatening a cashier and attempting to rob the Route 66 Casino located on Laguna Pueblo in Cibola County, N.M. According to the complaint, Baca told the cashier that she had a bomb in the casino and demanded money.
On Sept. 17, 2014, Baca entered a guilty plea to a felony information and admitted that she attempted to steal money belonging to the Route 66 Casino on Oct. 5, 2013, by suggesting to the cashier that there was a destructive device in the Casino that would explode in seconds and that she could remotely deploy the bomb if the cashier did not give her money. Baca was arrested by officers of the Pueblo of Laguna Trial Police Department shortly thereafter. No explosive device was found during the course of the investigation.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Programs, the Pueblo of Laguna Pueblo Tribal Police Department, the Bernalillo County Sheriff’s Office, the New Mexico State Police and the Albuquerque Police Department. The case was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Albuquerque Man Pleads Guilty to Federal Commercial Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Gilbert Gonzales, 34, of Albuquerque, N.M., pleaded guilty today to violating the Hobbs Act and federal firearms laws. Under the terms of his plea agreement, Gonzales will be sentenced to 156 months (13 years) in federal prison followed by a term of supervised release to be determined by the court.
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 officer of the Albuquerque Police Department found a firearm and ammunition in a vehicle Gonzales was driving following 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.
Gonzales subsequently was indicted in April 2014, in a five-count superseding indictment charging him with two counts of being a felon in possession of a firearm, one count of possession of a stolen firearm, one count of commercial robbery , and using and brandishing a firearm in relation to a crime of violence. The indictment alleged that Gonzales unlawfully possessed firearms in Bernalillo County on May 25, 2013 and June 5, 2013. It further alleged that he possessed a stolen firearm on May 25, 2013. It also alleged that Gonzales interfered with interstate commerce by robbing a commercial business at gunpoint on May 29, 2013, and brandishing a firearm at an employee of the business during the robbery.
During today’s proceedings, Gonzales pled guilty to the armed robbery of a business engaged in interstate commerce and to brandishing a firearm during the 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.
Gonzales 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 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. Assistants U.S. Attorneys David M. Walsh and Louis E. Valencia are prosecuting this case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Arizona Man Pleads Guilty to Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – David Mendez Bojorquez, 59, of Phoenix, Ariz., pleaded guilty this morning in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Mendez Bojorquez was arrested on Dec. 8, 2014, at the Greyhound Bus Station in Albuquerque, N.M., after DEA agents and task force officers executed a federal search warrant on his suitcase and found a package containing more than a gross kilogram of heroin. Mendez Bojorquez subsequently was indicted on Dec. 16, 2014, and charged with possession of a mixture and substance containing a detectable amount of heroin.
During today’s change of plea hearing, Mendez Bojorquez pled guilty to a felony information charging him with possession with intent to distribute a mixture and substance containing a detectible amount of heroin. In his plea agreement, Mendez Bojorquez admitted that he had heroin in his suitcase when he was encountered by law enforcement officers at the Greyhound Bus Station on Dec. 7, 2014. He further admitted that the officers found and seized the heroin after obtaining a search warrant for his suitcase.
Mendez Bojorquez will be in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, he faces a statutory maximum sentence of 20 years in federal prison.
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. The case is being prosecuted by Assistant U.S. Attorney David Walsh.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration 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.
Federal Officials Participate in New Mexico Pharmacists Association’s Mid-Winter MeetingRead the Press Release
ALBUQUERQUE – Representatives from the U.S. Attorney’s Office and the DEA participated in the New Mexico Pharmacists Association’s Mid-Winter Meeting held this weekend in Albuquerque, N.M., for the purpose of educating the Association’s membership about how prescription drug trafficking and abuse contributes to New Mexico’s heroin and opioid epidemic and enlisting their support in combatting the epidemic.
Group Supervisor Richard Stark of the Tactical Diversion Squad at the Albuquerque Office of the DEA delivered a presentation entitled, “The Prescription Drug Epidemic in New Mexico: How Promoting a Partnership between the DEA and Pharmacists Can Help.” Assistant U.S. Attorney Joel R. Meyers, Supervisor of the Organized Crime Section of the U.S. Attorney’s Office, discussed the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. This Initiative, which was launched earlier this month, is a collaboration between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center in partnership 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.
“New Mexico’s opioid addiction and overdose death rates have been at or near the top of the national scale for years,” said U.S. Attorney Damon P. Martinez. “Under the HOPE Initiative, one way we will take on this epidemic is by educating medical professionals about how they can educate their patients, particularly young adults, about the dangers of prescription drug abuse.”
Special Agent in Charge Will Glaspy of DEA’s El Paso Division added, “DEA is committed to developing and maintaining strong working relationships with pharmacists and other registrants. By ensuring that pharmacists have the education and tools they need so they can educate parents and young people about the dangers of prescription drug misuse and abuse, we can and will make a difference in combatting this deadly epidemic.”
The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The participation of the U.S. Attorney’s Office and the DEA in the New Mexico Pharmacists Association’s Med-Winter Meeting was undertaken under the prevention and education component of the HOPE Initiative.