District of New Mexico

ALBUQUERQUE – This afternoon U.S. District Judge William P. Johnson sentenced Armando C. Gutierrez, 65, of Corpus Christi, Texas, to ten years in federal prison followed by three years of supervised release for his convictions for conspiracy, theft of government property, obstruction of justice and money laundering.  Gutierrez was ordered to pay $2,500,483 in restitution to the State of New Mexico, including $746,375 which is to be paid jointly with co-defendant Joseph C. Kupfer, 50, of Rio Rancho, N.M.  The court previously entered an order requiring Gutierrez to forfeit $2,500,483, including his interest in his Corpus Christi residence, to the United States.

Gutierrez’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, New Mexico Attorney General Gary K. King, Dawn Mertz, Special Agent in Charge of the Phoenix Division of the IRS Criminal Investigation, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

In announcing the sentence, Acting U.S. Attorney Steven C. Yarbrough said, “Those who do business with the government must be held to the same high standards as government officials.  When private citizens enter into contracts to provide services paid for with taxpayers’ monies, they become duty bound to provide honest services for the monies they receive.  The sentence imposed on Armando Gutierrez today appropriately penalizes him for violating that duty when he stole more than $2,500,000 in taxpayers’ monies and failed to provide any services for that money.  When individuals – whether public officials or government contractors – abuse the public’s trust in this way, they corrupt the system and erode the public’s confidence in their government.  I commend the New Mexico Attorney General's Office for initiating the investigation of this case, and the IRS and FBI for undertaking the comprehensive and complex investigation that permits us to hold Mr. Gutierrez responsible for stealing from the public he contracted to serve.”

New Mexico Attorney General Gary King said, “I am pleased that the fruits of our investigation were used to help secure convictions against those who violated the public trust.  I highly commend our AG investigators for their hard work in tracking down the misuse of public funds that led to this prosecution.  I very much appreciate the cooperation extended to my office by the U.S. Attorney’s Office.”

“A lengthy prison sentence is what happens when individuals steal federal funds then obstruct and conceal their crimes.  In this case, Mr. Gutierrez misappropriated voter education funds and used the money for his own benefit.  IRS Criminal Investigation, along with our law enforcement partners, will continue to aggressively investigate the theft of taxpayer dollars,” stated IRS Criminal Investigation Special Agent in Charge Dawn Mertz.

“Those of us in government entrusted with taxpayer’s hard earned funds have an obligation to see that money is properly spent,” said FBI Special Agent in Charge Carol K.O. Lee.  “In this situation, money that was designated to promote a fundamental right and civic obligation was instead stolen by greedy and unscrupulous individuals more concerned with their own comfort and wealth.  The FBI appreciates the efforts of its Special Agents, as well as the IRS Criminal Investigation and the New Mexico Attorney General’s Office, to bring these people to justice.”

This case was initiated in Dec. 2010, by the filing of a three-count indictment charging Kupfer and his wife, Elizabeth D. Kupfer, 51, with failing to report at least $768,333 in taxable income during tax years 2004 through 2006, and evading $286,175 in federal taxes.  An eleven-count superseding indictment was filed in July 2011, adding Gutierrez as a defendant and five counts charging Gutierrez and Kupfer with conspiracy and theft of government property relating to federal HAVA funds administered by former New Mexico Secretary of State (NMSOS) Rebecca Vigil-Giron.  The superseding indictment also charged Gutierrez with two counts of obstruction of justice relating to a federal audit and investigation into the misuse of federal HAVA funds and one count of laundering unlawfully obtained proceeds, and retained the original tax evasion charges against the Kupfers.  At the time of the events described in the superseding indictment, Gutierrez and Kupfer were providing consulting services to the NMSOS under HAVA contracts, and Mrs. Kupfer was an employee of the New Mexico Attorney General’s Office (NMAGO) who had been detailed to work for the NMSOS.

The court severed the three tax evasion counts from the other eight counts in the superseding indictment for purposes of trial, and scheduled separate trials for the Kupfers on the three tax evasion charges (the tax trial), and for Gutierrez and Kupfer on the conspiracy, theft, obstruction of justice and money laundering charges (the HAVA trial). 

The tax trial commenced on Aug. 13, 2012, and concluded on Aug. 17, 2012, when the jury returned a guilty verdict against the Kupfers on all three tax evasion charges.  The evidence established that, during the years 2004 through 2006, Kupfer received income including federal HAVA funds, from Kupfer Consulting (KC), a business owned and operated by Kupfer, and the Kupfers reported income from KC in their joint personal tax returns.  During those three years, the Kupfers received $1,304,421 in revenue from KC but reported only $502,541 in their tax returns.  The Kupfers concealed approximately $768,333 in income by providing incomplete information to their tax preparer and thus avoided paying taxes on that money.

The HAVA trial began on Jan. 22, 2012 and ended on Jan. 31, 2013, when the jury returned guilty verdicts against Gutierrez and Kupfer on the conspiracy and theft of government property charges, and against Gutierrez on the obstruction of justice and money laundering charges.  In summary, the evidence established that, between April 2003 and Dec. 2006, the NMSOS administered almost $20 million in federal HAVA funds, which were designated for voter education, increasing voter registration, and meeting new standards for election administration and voting systems, through a number of contracts.  The contracts included a multi-million dollar contract for voting-related advertising awarded to A. Gutierrez and Associates, Inc. (AGA), which was owned and operated by Gutierrez, and three small contracts for increasing voting accessibility for the disabled that were awarded to KC, Kupfer’s business. 

According to the evidence, Gutierrez and Kupfer conspired together to defraud the United States by stealing federal HAVA funds and converting the funds to their own use.  Between Sept. 2004 and Oct. 2006, AGA received a total of $6,271,810 in federal HAVA funds from the State of New Mexico but Gutierrez submitted documentation supporting only $3,385,151 in services and costs, resulting in an overpayment of $2,500,483 to which AGA was not entitled.  In addition to the three small contracts totaling $70,000 which were awarded to KC by the NMSOS, AGA made nine payments totaling $746,375 in federal HAVA funds to Kupfer between Oct. 2004 and Nov. 2006, which far exceeded the value of any work that Kupfer ever actually performed for AGA under the HAVA contract.

In early 2007, the Election Assistance Commission began an audit into the use of federal HAVA funds by the NMSOS.  The AGA HAVA contract immediately became the primary focus of the audit because AGA could not provide documentation to support the federal HAVA funds AGA received.  In an effort to provide documentation for the federal HAVA funds AGA received, AGA provided 187 fraudulent invoices totaling $1,137,000 that purported to represent payment to media vendors when in fact AGA never paid any vendors based on these invoices.  Subsequent to the EAC audit and in response to federal grand jury subpoenas, AGA and KC submitted fraudulent invoices that purported to support the nine payments totaling $746,375 that KC received from AGA between Oct. 2004 and Nov. 2006.  Three of these invoices sought payments in the aggregate amount of $236,605 for production of a poll worker training video that was actually produced by another subcontractor at the cost of $75,000.

On May 14, 2013, Mrs. Kupfer was sentenced on her tax evasion conviction to three years in prison followed by three years of supervised release.  Mrs. Kupfer also was ordered to pay $288,339 in restitution to the IRS. 

Kupfer’s sentencing hearing is scheduled for Sept. 11, 2013.  At sentencing, Kupfer faces a maximum penalty of five years in prison on the conspiracy charge, and a maximum penalty of ten years in prison on each of the theft of government property charges.  He also may be fined up to $250,000 on each count of conviction.

The case was investigated by the IRS Criminal Investigation and the Albuquerque office of the FBI, with assistance from the New Mexico Attorney General’s Office.  The case was prosecuted by Assistant U.S. Attorneys Tara C. Neda, Jeremy Peña and Cynthia L. Weisman.

ALBUQUERQUE – A California man was sentenced late Friday afternoon for his role in a scheme to fraudulently obtain high-value cellular phones from retail stores in California, Arizona and New Mexico and to resell the cellular phones for profit.  Joshua Ferdman, 25, of Woodland Hills, Cal., was sentenced to 15 months in federal prison followed by three years of supervised release.  Ferdman also was ordered to pay $45,715.59 restitution to the victims of the criminal scheme.

Ferdman’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Resident Agent in Charge Richard Ferretti of Albuquerque Resident Office of the U.S. Secret Service, and Chief Allen Banks of the Albuquerque Police Department.

Ferdman and his three co-defendants, Jeffrey Contella, 28, and Joseph Cohen, 26, both of Los Angeles, Cal., and Amir Meir Levi, 36, of Sherman Oaks, Cal., were indicted in Feb. 2012, and charged with (1) conspiracy to transport stolen property and commit access device fraud and (2) access device fraud.  Contella, Cohen and Levi entered guilty pleas to the indictment without the benefit of any plea agreement in Jan. 2013.  Ferdman entered a similar guilty plea in Feb. 2013. 

In entering their guilty pleas, the defendants admitted that, in May 2011, they engaged in a scheme to fraudulently obtain high-value cellphones, including smartphones, from Sprint stores, and resell the cellphones in a Van Nuys, Cal., store owned by Cohen and through an on-line store hosted by EBay.  The defendants traveled to Sprint stores throughout California, Arizona and New Mexico and fraudulently obtained significant quantities of cellphones by impersonating Sprint customers and the unauthorized use of the customers’ account numbers.  They obtained the phones free of cost by instructing store clerks to bill the cost of the phones to the accounts of the unwitting Sprint customers.

According to court filings, from May 10, 2011 through May 16, 2011, Ferdman and Levi traveled to Sprint stores in California, including stores in Fullerton, Los Angeles, Hollywood, San Francisco, Sacramento and Folsom, to perpetuate their fraudulent scheme.  From May 21, 2011 to May 24, 2011, Ferdman and Contella traveled to Sprint stores in Arizona and New Mexico for that same purpose.  During this period, Levi wired cash to Ferdman and Contella; Ferdman sent cellphones to Levi via Federal Express; Levi delivered the cellphones to Cohen; and Cohen sold the cellphones.  On May 25, 2011, Ferdman, Contella and Levi fraudulently obtained 13 smartphones from a Sprint store in Albuquerque through the unauthorized use of a Sprint customer’s account number.  That same day, Ferdman, Contella and Levi attempted to purchase an additional six smartphones from a Sprint store in Albuquerque.

Cohen’s sentencing hearing is scheduled on Sept. 6, 2013 and Levi’s sentencing hearing is set for Aug. 26, 2013.  Contella’s sentencing hearing has yet to be scheduled.  At sentencing, each faces a maximum penalty of five years in prison and a $250,000 fine on the conspiracy charge, and ten years in prison and a $250,000 fine on the access device fraud charge. 

In announcing Ferdman’s sentence, Richard Ferretti, Resident Agent in Charge of the Albuquerque office of the Secret Service, said, “The results of this investigation are an example of the strategic partnerships between the Secret Service, Albuquerque Police Department, United States Attorney’s Office, and our private sector partners.  We continue to prioritize investigative cases, focusing on electronic and financial crimes which have a significant community impact in New Mexico.”

The case was investigated by the U.S. Secret Service and the Albuquerque Police Department’s Organized Crime Unit, and is being prosecuted by Assistant U.S. Attorney John C. Anderson.

ALBUQUERQUE – Pamela Navasie, 42, an enrolled member of the Hopi Tribe who resides in Shiprock, N.M., was sentenced yesterday afternoon to 110 months in federal prison followed by five years of supervised release for her voluntary manslaughter conviction.

Navasie was arrested on Jan. 11, 2011, and charged with killing a 65-year-old Navajo woman at the victim’s Shiprock residence.  Navasie has been in federal custody since her arrest.

On Jan. 11, 2013, Navasie pleaded guilty to a felony information charging her with voluntary manslaughter and admitted stabbing the victim in the neck and causing the victim’s death.  Navasie admitted stabbing the victim in the heat of passion while the two women were quarreling.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Charles L. Barth.

ALBUQUERQUE – Charlie Cohoe, 33, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., was sentenced on Aug. 8, 2013, to 87 months in prison followed by three years of supervised release for his federal assault conviction.

Cohoe was arrested on Jan. 25, 2013, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury.  The criminal complaint alleged that, on Jan. 18, 2013, Cohoe repeatedly stabbed and slashed another Navajo man who had agreed to drive Cohoe to a friend’s residence.  The assault occurred in Cibola County within the Ramah Navajo Indian Reservation.

On April 10, 2013, Cohoe pled guilty to a felony information, charging him with assault with a dangerous weapon, and admitted assaulting the victim with a knife, causing life-threatening injuries that required surgery.  The victim’s face also was disfigured as a result of the assault.

The case was investigated by the Ramah Navajo Police Department with assistance from the New Mexico State Police, the Grants Police Department and the Cibola County Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Kenneth J. Gonzales is resigning as U.S. Attorney for the District of New Mexico today in anticipation of taking his judicial oath as a U.S. District Judge tomorrow, Aug. 9, 2013.

Mr. Gonzales was commissioned as U.S. Attorney by President Obama on April 30, 2010, after the U.S. Senate unanimously confirmed his appointment.  He was sworn in as the 44th U.S. Attorney for the District of New Mexico on May 3, 2010.  As U.S. Attorney, Mr. Gonzales served as the top federal law enforcement official in New Mexico and represented the United States interests in civil cases.  He also served as the Co-Chairman of the Border and Immigration Subcommittee of the Attorney General’s Advisory Committee (AGAC) in addition to serving on the AGAC’s Native American Issues Subcommittee, Civil Rights Subcommittee, Environmental Issues Working Group, and Resource Allocation Working Group.

“It has been an honor and a privilege to serve the United States and the people of New Mexico as U.S. Attorney and to work alongside the fine women and men of the U.S. Attorney’s Office (USAO), our partner federal, state, local and tribal law enforcement agencies, and the federal officials and employees we work with and represent on a daily basis,” said Mr. Gonzales.  “I am profoundly grateful for the trust placed in me by the President and the Attorney General, and am humbled by the opportunity to continue to serve the public as a federal judge.”

Shortly after assuming the mantle of U.S. Attorney, Mr. Gonzales restructured the USAO’s Criminal Division in Albuquerque to enable the Office to more expeditiously prosecute reactive cases and devote more time and expertise to significant investigations and prosecutions.  As reorganized, the Criminal Division was comprised of the General Crimes & Border Security Section (General Crimes), the OCDETF & Gangs Section (OCDETF), the Major Economic Public Integrity & Nation Security Section (Major Crimes), and the first Indian Country Crimes Section ever constituted in any USAO.

Although the Obama Administration and Justice Department identified public safety in Indian Country as a national priority, for Mr. Gonzales, who grew up in the vicinity of the Pueblos of Pojoaque, Tesuque and Nambe, this was a personal priority.  Accordingly, one of his first acts as U.S. Attorney was to replace the USAO’s Violent Crimes Section with an Indian Country Crimes Section devoted solely to combating crime in New Mexico’s Indian Country pursuant to a community prosecution strategy.  The strategy, based on the community policing model, requires immersion into in the community; getting to know the community’s leaders, police and social services providers; and developing a sense of confidence and trust in the community.  By fostering relationships of trust and developing confidence in the justice system, Mr. Gonzales sought to create an environment that encouraged members of New Mexico’s Native communities to more readily report crimes, fact witnesses to come forward, and victims to trust that federal prosecutors would seek justice for them.  To implement this strategy, Mr. Gonzales assigned Assistant U.S. Attorney (AUSAs) in the Section as Tribal Liaisons to individual pueblos and tribes, and tasked them with getting to know their assigned communities so that the USAO was better equipped to meet the public safety needs of each pueblo and tribe.  Examples of the cases routinely prosecuted by the Indian Country Crimes Section include a life sentence for Nathan Jack who was convicted of suffocating his common-law wife by packing her throat with dirt; a 40 year sentence for Reehahlio Carroll for the felony murder of a nun during a burglary; and a 50 year sentence for a Navajo man who kidnapped and sexually assaulted a disabled teenager.

Mr. Gonzales also implemented two Indian Country pilot projects and expanded on a third.  The first was one of only three community prosecution teams funded by the Justice Department as part of its on-going efforts to increase engagement, coordination and action on public safety in tribal communities.  Mr. Gonzales’ community prosecution team is stationed in the Eastern Agency of the Navajo Nation.  The second was the Tribal Special AUSA Pilot Project sponsored by the Justice Department’s Office on Violence Against Women in response to the epidemic of violence against Native women.  Through this pilot project, tribal prosecutors are trained in federal law, procedure and investigative techniques to increase the likelihood that violent offenses against Native women are prosecuted in federal court or tribal court, or both.  With respect to the third, Mr. Gonzales supported the Navajo Nation Department of Public Safety’s application to continue the Dlo’ ayazhi Indian Country Project Safe Neighborhoods (PSN) Pilot Project in the Crownpoint District and to expand the program to the Shiprock District.  This project – the first PSN project in Indian Country – supports an anti-gang, anti-drug and anti-firearms violence school-based prevention program and a domestic violence reduction program.

Mr. Gonzales charged the General Crimes Section with prosecuting immigration, firearms, bank robbery and non-Indian Country violent crime as well as reactive narcotics cases and discrete white collar crime cases thus enabling the OCDETF and Major Crimes Sections to focus on long-term, proactive investigations and prosecutions.  The Section also prosecutes cases brought under “the worst of the worst” anti-violence initiative implemented by Mr. Gonzales in summer of 2010.  Under this initiative, the USAO 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 them from communities in New Mexico for as long as possible.  Examples of the cases routinely prosecuted by the General Crimes Section include a sentence of life imprisonment for Jeremiah Jackson for killing two women while fleeing the scene of a bank robbery; 40 and 35 year sentences for two El Salvadorans for the felony murder of a cook at a Denny’s Restaurant; the conviction after trial of an El Paso man for possession of 32 pounds of heroin with a retail value of $2.9 million, one of the top ten heroin seizures in the U.S. that year; and a 40 year sentence for an Albuquerque armed career criminal convicted on drugs and firearms charges.  In addition, AUSAs in this Section and in the Las Cruces Branch Office prosecuted more than 2500 felony immigration cases and more than 2400 misdemeanor immigration cases. 

The OCDETF Section was charged with targeting and dismantling large-scale drug trafficking organizations, prosecuting gang violence, and facilitating enforcement actions against prescription drug trafficking.  AUSAs in this Section and in the USAO’s Las Cruces Branch Office lead the investigation and prosecution of major drug trafficking organizations through the OCDETF Program, the centerpiece of the DOJ counter-narcotics strategy that uses prosecutor-led, multi-agency task forces to combat the most serious drug cartels.  Given statistics reflecting that, per capita, New Mexico has the nation’s highest heroin and prescription drug overdose death rates and that its drug addiction rates are among the highest in the nation, Mr. Gonzales worked with federal law enforcement agencies and partnered with state, local and tribal law enforcement agencies to investigate and dismantle the drug trafficking organizations that distribute narcotics within New Mexico.  Their accomplishments included investigations that resulting in the arrests and prosecution of:  84 defendants in Chaves County on narcotics and firearms charges in Sept. 2011; 20 members of a methamphetamine ring operating in Eddy County in Nov. 2011; eight members of an Albuquerque prescription drug trafficking ring in Feb. 2012; 15 members of an Albuquerque methamphetamine trafficking ring in March 2012; ten members of a Las Cruces methamphetamine trafficking ring in May 2012; 14 members of a Santa Fe cocaine trafficking ring in June 2012; 25 defendants from San Miguel County on drug trafficking charges in Aug. 2012; 18 defendants from Lincoln and Otero Counties on drug trafficking charges in Aug. 2012; 20 individuals on marijuana and cocaine trafficking charges in Sept. 2012; nine defendants on methamphetamine trafficking charges in Oct. 2012; 19 members of an Albuquerque drug trafficking and money laundering ring in Dec. 2012; 21 individuals in Albuquerque on prescription drug charges in Feb. 2013; and 29 individuals from Dona Ana County on drug trafficking charges in May 2013.

Significant accomplishments in the area of political corruption by the Major Crimes Section include a 70 month sentence for Laurie Chapman, the former facilities manager for the New Mexico Corrections Department (NMCD), for soliciting and accepting bribes in exchange for steering NMCD jobs to a roofing company; the conviction after trial of former Albuquerque Police Officer Brad Ahrensfield for obstruction of justice; the convictions after trial of Joseph and Elizabeth Kupfer on tax evasion charges, and Joseph Kupfer and Armando Gutierrez for theft of $2.5 million in federal “Help America Vote Act” funds and obstruction of justice charges; guilty pleas from the former Executive Director of the Taos County Housing Authority and her husband for stealing more than $785,000 in federal funds; and the indictment of former Santa Ana Pueblo Governor Bruce Sanchez for allegedly embezzling $3.6 million from the Indian Pueblo Federal Development Corporation.

The Major Crimes Section’s accomplishments also include a 70 month sentence for a Washington, D.C.-based financial consultant following his conviction after trial on wire fraud charges; a 12 year sentence for Doug Vaughan for operating a Ponzi scheme that defrauded more than 600 investors of $74 million; a 27 month sentence for Albuquerque real estate developer Vincent Garcia for bank fraud; and the indictment of Governor Susana Martinez’s former campaign manager on computer intrusion and false statement charges.  On the national security front, the Major Crimes Section recently secured guilty pleas from a former Los Alamos National Laboratories scientist and his wife for violating the Atomic Energy Act and other charges relating to their communication of classified nuclear weapons data to a person they believed to be a Venezuelan government official, and the indictment of a scientist formerly employed by Sandia National Laboratories for allegedly using U.S. government resources and equipment to conduct research for Chinese research institutions.

Mr. Gonzales developed a strong partnership with the Justice Department’s Civil Rights Division that resulted in the joint prosecution of several significant cases and initiation of numerous investigations.  This partnership extends not only to criminal matters, but also to civil matters and Mr. Gonzales established a Civil Rights Unit, comprised of AUSAs from both the Criminal and Civil Divisions, to support this important partnership and facilitate its work.  Significant accomplishments in the civil rights arena include the conviction of three Farmington men for the racially-motivated assault on a young disabled Navajo man which included the branding of a swastika into the victim’s arm – this was the first case brought under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.  They also include the conviction of three former corrections officers in Albuquerque for beating a DUI suspect and attempting to obstruct the investigation into that beating.  On the civil front, the USAO obtained a favorable settlement for a disabled tenant in a Fair Housing Act case against his landlord, and reached a settlement with an Albuquerque restaurant under the Americans with Disabilities Act that ensures equal access for individuals with disabilities who use service animals.  The USAO’s Civil Division, together with the Special Litigation Unit of the Civil Rights Division, is investigating allegations that Albuquerque Police Department officers engaged in a pattern or practice of use of excessive force, including deadly force, in violation of individuals’ Fourth Amendment rights.  In addition to case related work, attorneys from the Civil Rights Division and USAO have collaborated in community outreach activities by making presentations at civil rights and Indian Country conferences and training programs, and have participated in community meetings relating to civil rights concerns within the District of New Mexico.

The USAO’s Civil Division, together with the Justice Department’s Commercial Litigation Branch secured an $11.75 million payment from Science Applications International Corporation to settle allegations that it violated the False Claims Act by charging inflated prices under federal grants to train first responder personnel to prevent and respond to terrorism attacks.  It also has developed an affirmative environment justice practice and works with the Justice Department’s Environmental and Natural Resources Division in representing the United States in matters concerning the stewardship of the nation’s natural resources and public lands.

Under Mr. Gonzales’s stewardship, the USAO’s prosecution of cases brought under Project Safe Childhood (PSC), a Justice Department initiative that combats the epidemic of child sexual exploitation and abuse, increased by almost 60% and the number of defendants sentenced to prison terms exceeding 60 months increased by more than 230%. 

In July 2011, Mr. Gonzales established a new Asset Recovery Unit staffed with USAO and U.S. Marshal Service personnel and tasked the Unit with responsibility for the USAO’s criminal and civil forfeitures and financial litigation.  The new Unit was part of Mr. Gonzales’s multi-pronged approach to combating and dismantling criminal organizations; targeting individuals who were profiting from their illicit activities; and putting the USAO in a stronger position to recover debts owed to the people of the United States.  The Asset Recovery Unit’s success is best demonstrated by the $9,841,037 it collected in calendar year 2012, including $8,735,655 collected for criminal and civil fines, penalties and debt, and $1,105,382 from criminal and civil forfeitures, which is almost tripled the amount collected by the USAO in 2011.

Mr. Gonzales, a native New Mexican from Pojoaque, received both his undergraduate and law degrees from the University of New Mexico.  After graduating from law school, he served as a Judicial Law Clerk to New Mexico Supreme Court Chief Justice Joseph F. Baca and then joined Senator Jeff Bingamans Washington Office as a Legislative Assistant.  From 1999 to May 2010, when he began his tenure as U.S. Attorney, Mr. Gonzales was an AUSA in the USAO for District of New Mexico and prosecuted a wide range of federal offenses.  Since 2001, he has served as a Judge Advocate in the United States Army Reserve, and currently holds the rank of Major.  He has served as Senior Trial Counsel for the Office of the Staff Judge Advocate, 18th Airborne Corps, Fort Bragg, North Carolina, in support of Operation Enduring Freedom.  He presently is assigned to The Judge Advocate Generals Legal Center and School in Charlottesville, Virginia, where he is an Adjunct Professor of Criminal Law.

The U.S. Attorney’s Office for the District of New Mexico is charged with enforcing federal criminal laws in New Mexico, and with representing the federal government in civil litigation in the District.  The Office is staffed by 76 AUSAs, four Special AUSAs, 66 support staff members and 14 contractors at offices in Albuquerque and Las Cruces.  First Assistant U.S. Attorney Steven C. Yarbrough will be Acting U.S. Attorney until a new U.S. Attorney is nominated by the President and confirmed by the Senate.

ALBUQUERQUE – Hector Manuel Lopez-Valle, 24, was sentenced yesterday to 135 months in federal prison for his methamphetamine trafficking conviction.  Two co-defendants previously were sentenced to federal prison terms.  Adaucto Chavez-Meza, 20, was sentenced last month to 135 months in federal prison for his methamphetamine trafficking conviction, and Jesus Omar Lopez-Valle, 28, was sentenced in June 2013 to 210 months in federal prison for his methamphetamine trafficking and firearms conviction. 

Chavez-Meza, Jesus Lopez-Valle and Hector Manuel Lopez-Valle, all Mexican nationals, were arrested on methamphetamine trafficking charges on March 1, 2012.  At the time, the three men were illegally present in the United States and living in Valencia County, N.M.  They will be deported after completing their prison sentences.

According to court filings, from Feb. 21, 2012 to March 1, 2012, Jesus Lopez-Valle and Hector Lopez-Valle conspired with Chavez-Meza to sell four pounds of methamphetamine to an individual who, unbeknownst to them, was an undercover officer.  The men were arrested in Albuquerque on March 1st, after they displayed more than four pounds of methamphetamine to the undercover officer.  During a post-arrest interview, Chavez-Meza admitted that they intended to sell the methamphetamine to the undercover officer for approximately $60,000.  Jesus Lopez-Valle also admitted that the three men intended to sell the methamphetamine to the undercover officer, and Hector Lopez-Valle admitted to transporting the methamphetamine from Belen to Albuquerque.

Chavez-Meza pleaded guilty on Feb. 25, 2013, to an indictment charging him with conspiracy and possession of methamphetamine with intent to distribute.  Jesus Lopez-Valle and Hector Lopez-Valle each pleaded guilty on March 1, 2013, to a superseding indictment charging them with conspiracy and possession of methamphetamine with intent to distribute.  Jesus Lopez-Valle also pleaded guilty to being an illegal alien in possession of firearms.  All three men entered their guilty pleas without the benefit of plea agreements.

The case was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Nicholas J. Ganjei and was investigated by the Cross Border Drug Violence Squad of the Albuquerque Division of the FBI and the Las Cruces/Doña Ana County Metro Narcotics Agency.

ALBUQUERQUE – Carmella Martinez, 42, and her husband Paul G. Martinez, 44, both of Arroyo Seco, N.M., each pleaded guilty this morning to conspiracy to commit theft concerning programs receiving federal funds and to commit theft of government property.   The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales, David A. Montoya, Inspector General, U.S. Department of Housing and Urban Development (HUD), and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

Carmella and Paul Martinez were charged in Dec. 2012 in a 49-count federal indictment with conspiracy, theft from programs receiving federal funds, and theft of government property.  According to the indictment, between Nov. 2003 and Dec. 2011, Carmella and Paul Martinez stole federal funds provided by HUD to the Taos County Housing Authority (TCHA) for a housing program that provides affordable housing for low-income Americans.  During that time, Camella Martinez was employed by the TCHA, initially as a Financial Specialist and later as its Executive Director.

HUD is a federal agency whose core mission is to make quality, affordable housing accessible to all Americans.  It oversees and funds programs designed to provide affordable housing to low-income Americans, including the Housing Choice Voucher Program which is commonly referred to as “Section 8.”  Through the Section 8 Program, HUD pays rent subsidies known as “Housing Assistance Payments” (HAP) to approved property owners and landlords on behalf of eligible low-income beneficiaries.  According to the indictment, the TCHA administers the Section 8 Program on behalf of HUD in Taos County and receives approximately $2.8 million in funds annually from HUD. 

According to the indictment, while employed by the TCHA, Carmella Martinez was responsible for processing HAP checks to approved Section 8 property owners and landlords and providing preliminary approval of requests for rent subsidies to property owners and landlords under the Section 8 Program.  She abused her position with TCHA by conspiring with her husband to engage in the theft of Section 8 housing funds.  Carmella Martinez stole the money by issuing fraudulent HAP checks for Section 8 housing assistance to payees, including to Paul Martinez and to bank accounts held by her and Paul Martinez.  Carmella and Paul Martinez then presented the fraudulent checks for payment at various locations.

During today’s proceedings, Camella and Paul Martinez each pleaded guilty to Count 1 of the indictment, charging them with conspiracy to commit theft concerning programs receiving federal funds and to commit theft of government property, and generally admitted the allegations in the indictment.

In her plea agreement, Camella Martinez admitted that she began issuing fraudulent, duplicate Section 8 HAP checks for the benefit of herself and her husband in 2000.  She further admitted that in 2003, Paul Martinez began conspiring with her to steal federal funds by engaging in a scheme to issue and to present fraudulent HAP checks for their mutual benefit.  Carmella Martinez admitted that she and her husband engaged in their unlawful scheme until Dec. 2011, when they learned they were the subjects of a criminal investigation.  Carmella Martinez acknowledged that she and her husband stole at least $786,014.04 in federal funds through their unlawful scheme.

In his plea agreement, Paul Martinez admitted that he began conspiring with his wife to steal funds from TCHA, a program that receives federal funds, in 2003, and that their scheme continued until Dec. 2011, when they learned about the criminal investigation that led to the indictment against them.

At their sentencing hearings, which have yet to be scheduled, Camella and Paul Martinez each face a maximum penalty of five years in federal prison and a $250,000 fine.  Under the terms of their plea agreements, the couple will be required to pay at least $786,014.04 in restitution to the victims of their criminal activities.  The United States will move to dismiss the remaining 48 counts of the indictment after Camella and Paul Martinez have been sentenced.

This case was investigated by the HUD Office of Inspector General and the Albuquerque Division of the FBI, and is being prosecuted by Assistant U.S. Attorney Shana B. Long.

ALBUQUERQUE – Marvin Aguilar-Lopez, 26, of El Salvador, was sentenced earlier today to 40 years in federal prison for his armed robbery and felony murder conviction.  He will be deported after he completes his prison sentence.  Aguilar-Lopez’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Chief Allen Banks of the Albuquerque Police Department. 

Aguilar-Lopez and his co-defendants, Pablo De Leon Ortiz, 34, and Francisco Melgar-Cabrera, 30, both of El Salvador, were indicted in Oct. 2009, and charged with robbery, felony murder and firearms offenses in a nine-count indictment stemming from the armed robbery of the Denny’s Restaurant located at 1602 Coors Blvd. NW in Albuquerque on June 20, 2009, and the murder of Stephanie Anderson, a cook at the restaurant.  Aguilar-Lopez and De Leon Ortiz, who had been in state custody since the day of the robbery and murder, were arrested on the federal charges on Oct. 19, 2009.

On April 14, 2010, a ten-count superseding indictment was filed adding Jose “Tito” Humberto Melgar-Cabrera, the brother of Francisco Melgar-Cabrera, as a defendant.  Jose Melgar-Cabrera was charged for being an accessory after the fact for assisting Francisco Melgar-Cabrera to avoid apprehension, and he was arrested on April 21, 2010.

A 14-count second superseding indictment was filed on October 14, 2010.  The new indictment added four new robbery and firearms offenses against De Leon Ortiz, Aguilar-Lopez and Francisco Melgar-Cabrera.  The new charges arose out of the armed robbery of the Lone Star Steakhouse & Saloon located at 10019 Coors Blvd. NW in Albuquerque on June 13, 2009.

On Sept. 30, 2011, Aguilar-Lopez entered guilty pleas to Counts 3 and 4 of the second superseding indictment charging him with the armed robbery of the Denny's Restaurant, and the felony murder of Ms. Anderson.  His sentencing hearing was delayed by competency proceedings which concluded with judicial findings of legal competency.

Jose Melgar-Cabrera pleaded guilty to Count 10 of the second superseding indictment charging him with being an accessory after the fact on Sept. 23, 2011, and admitted assisting his brother to flee to avoid apprehension on the day of the armed robbery of the Denny's Restaurant and Ms. Anderson's felony murder.  Melgar-Cabrera was sentenced to a 48-month term of imprisonment on Dec. 14, 2011, and faces deportation after he completes his prison sentence.

On Sept. 30, 2011, De Leon Ortiz entered a guilty plea to Counts 4 and 13 of the second superseding indictment, charging him with a felony murder committed during the June 20, 2009 armed robbery of an Albuquerque-area Denny's Restaurant, and the June 13, 2009 armed robbery of an Albuquerque-area Lone Star Steakhouse and Saloon.  De Leon Ortiz was sentenced to 35 years in federal prison on March 13, 2013, and will be deported after he completes his prison sentence.

Francisco Melgar-Cabrera has yet to be apprehended and is considered a fugitive.  The charges in the second superseding indictment against Francisco Melgar-Cabrera are only accusations, and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Albuquerque Police Department, the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Albuquerque Division of the FBI.  The case was prosecuted by Assistant U.S. Attorneys Louis E. Valencia, Presiliano A. Torrez and Roberto D. Ortega.

ALBUQUERQUE – Sherie Rena Pete, 24, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., pleaded guilty this morning to a felony information charging her with involuntary manslaughter.

Pete was arrested on May 14, 2013, on a criminal complaint charging her with involuntary manslaughter based on a single motor vehicle crash on May 5, 2013, in Iyanbito, which is located on the Navajo Indian Reservation that resulted in the death of a three-year old child.  Two other individuals were injured as a result of the crash. 

In her plea agreement, Pete admitted killing the victim while driving under the influence of alcohol.  Pete admitted that she had been drinking alcohol before driving her vehicle off the roadway, overcorrecting, and flipping the vehicle one and a half times.

Pete has been in federal custody since her arrest and remains detained pending her sentencing hearing.  At sentencing, Pete faces up to eight years in federal prison and will be required to pay restitution to the victims of her criminal conduct.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – Theodore Robert Larsen, 34, of Carlsbad, N.M., was sentenced this morning in Las Cruces federal court to 63 months in federal prison followed by five years of supervised release for his possession of child pornography conviction.  Larsen will be required to register as a sex offender after he completes his prison sentence.

Larsen was arrested in Sept. 2011, based on an investigation by Homeland Security Investigations (HSI), which included the execution of a federal search warrant at his Carlsbad residence.  The evidence seized during that search included computers and computer-related media containing child pornography. 

Larsen pleaded guilty to possession of child pornography in Nov. 2011, and subsequently entered into an amended plea agreement in April 2013.  In entering his guilty plea, Larsen admitted that he knowingly possessed the child pornography found in the residence.  Larsen also admitted that he used his computer and the Internet to access and retrieve child pornography, and that he possessed approximately 1,457 images and 264 video clips of child pornography.

This case was investigated by the Las Cruces office of HSI and the Carlsbad Police Department.  It was prosecuted by Assistant U.S. Attorney Marisa Lizarraga of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The Operation also was brought as a part of the New Mexico 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 64 federal, state and local law enforcement agencies associated with the 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.

ALBUQUERQUE – Tyrell Elliot Frank, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a federal assault charge.  Under the terms of his plea agreement, Frank will be sentenced to 41 months in federal prison followed by a term of supervised release to be determined by the court.

Frank was arrested in April 2012, based on a criminal complaint charging him with assault.  He subsequently was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to court filings, on April 1, 2012, Frank repeatedly struck another Navajo man with a machete.  As a result of the assault, the victim suffered severe cuts to his left arm and his back.

During today’s proceedings, Frank pleaded guilty to Count 2 of the indictment, charging him with assault resulting in serious bodily injury.  In his plea agreement, Frank admitted that during the early hours of April 1, 2012, people arrived at his residence and approached him.  Frank stated that, because he recently had been released from the hospital after having been assaulted, he struck a person he did not know with a machete causing him serious bodily injury.  Frank stated that he later learned that the victim did not intend to harm him.

Frank has been in federal custody since his arrest on April 1, 2012, and will remain 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 and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUEQUE – Louie Villegas, 48, of Desert Hot Springs, Calif., pleaded guilty this morning to a federal heroin trafficking charge.  Under the terms of his plea agreement, Villegas will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

Villegas was arrested on April 18, 2013, at the Greyhound Bus Station in Albuquerque, N.M., after DEA agents found more than a kilogram of heroin concealed in inside the inner soles of his tennis shoes.  He subsequently was indicted and charged with possession of heroin with intent to distribute.

During this morning’s proceedings, Villegas entered a guilty plea to the indictment and admitted that, while at the Greyhound bus station in Albuquerque on April 18, 2013, he had a consensual encounter with DEA agents and gave the agents permission to search him and his shoes for contraband.  When Villegas handed his left shoe to the agents, it was abnormally heavy.  Inside the inner sole of both shoes, the agents found approximately 1.3 kilograms of heroin.

Villegas 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 Interdiction Unit of the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.

ALBUQUERQUE – Hak Ghun, 62, of Durango, Colo., was sentenced this afternoon to imprisonment for a term of a year and a day followed by two years of supervised release for his tax evasion conviction.  Ghun also will be required to pay $249,567 in restitution to the IRS. 

Ghun was charged in April 2012, in a three-count indictment with evading an aggregate of $367,809 in federal taxes during tax years 2005, 2006 and 2007.  At that time, Ghun was the chief executive officer of BCDS Manufacturing, Inc. (BCDS), a manufacturing company located in Shiprock, N.M.  In 2003 and 2004, the Navajo Nation invested economic development funds in BCDS and became the majority owner of the company, and in 2006, obtained a $2.2 million loan for the purpose of expanding the BCDS facility in Shiprock.  The indictment alleged that between 2005 and 2007, Ghun used BCDS funds to pay his personal expenses and evaded his personal tax obligations on those funds by concealing his conduct from BCDS’s corporate accountant and by filing false corporate tax returns on behalf of BCDS.

On Feb. 21, 2013, Ghun entered a guilty plea to Count 2 of the indictment charging him with evading federal income taxes in 2006.  In entering his guilty plea, Ghun admitted that, during 2005, 2006 and 2007, he was the chief operating officer of BCDS, a company that sought military procurement contracts as a source of economic development for the Navajo Nation, and had access to the company’s bank accounts.  Ghun admitted withdrawing funds from BCDS’s bank accounts and spending a significant portion of the funds for himself.  Ghun used the funds to make support payments to his ex-wife and paying for luxury cars, hotels stays and gambling.  Ghun acknowledged that the funds he misused were taxable as personal income and that he failed to pay taxes on that income. 

Ghun admitted receiving gross income of $207,726 in calendar year 2005 and willfully evading approximately $29,197 in federal income taxes.  He also admitted receiving gross income exceeding $620,361 in calendar year 2006 and willfully evading approximately $145,156 in federal income taxes, and receiving gross income exceeding $251,435 in taxable income in 2007 and evading approximately $65,214 in taxes.

The case was investigated by the IRS, Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.

ALBUQUERQUE – Johncarlos Ortiz, 39, a non-native resident of Pojoaque Pueblo, N.M., pleaded guilty this morning to a felony information charging him with receipt of a visual depiction of a minor engaged in sexually explicit conduct charges under a plea agreement with the U.S. Attorney’s Office.

Ortiz was arrested in Sept. 2012, on a criminal complaint alleging that he possessed and distributed child pornography at his residence in Pojoaque Pueblo.   The investigation of this case was initiated in July 2012, after the National Center for Missing and Exploited Children (NCMEC) received information that images consistent with child pornography had been posted on a social networking site and sent the tip to the New Mexico Attorney General’s Office (NMAGO).  In early Aug. 2012, after determining that the images were posted using an email account subscribed to Ortiz, the NMAGO and the New Mexico Internet Crimes Against Children (ICAC) Task Force contacted the FBI.  On Sept. 11, 2012, the FBI executed a federal search warrant at Ortiz’s residence and seized a computer and a computer flash drive that contained images consistent with child pornography.

During this morning’s proceedings, Ortiz admitted receiving a visual depiction of a minor involved in sexual explicit conduct on Sept. 11, 2012.  Ortiz also admitted downloading images consistent with child pornography from various websites.  Court records reflect that Ortiz’s unlawful conduct occurred in a residence on the Pojoaque Pueblo.

Ortiz was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and he will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Ortiz faces a prison sentence of not less than five years and not more than 20 years followed by a term of supervised release to be set by the court.  Ortiz also will be required to register as a sex offender after he completes his prison sentence.

The case was investigated by the Santa Fe office of the FBI, the NMAGO and the New Mexico ICAC Task Force.  Assistant U.S. Attorney Jacob Wishard is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The Operation 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 64 federal, state and local law enforcement agencies associated with the 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.

ALBUQUERQUE – Late this afternoon a federal jury in Las Cruces found Ernest Joe Marquez, 44, of Las Cruces, N.M., and Melchor Arroyos, 52, of El Paso, Texas, guilty on methamphetamine trafficking charges after a three-day trial.  The guilty verdicts were announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge of the DEA’s El Paso Division, and Thomas G. Atteberry, Special Agent in Charge of the ATF’s Phoenix Division.

Marquez was one of ten defendants charged in a 16-count indictment filed in May 2012.  Marquez was arrested on May 24, 2013, as was Arroyos, who was separately charged in a criminal complaint.  A superseding indictment was filed in Oct. 2012, charging Marquez, Arroyo and eight co-defendants with participating in a conspiracy to possess methamphetamine with intent to distribute from Jan. 2012 through May 2012.  The superseding indictment alleged that members of the conspiracy transported methamphetamine from El Paso, Texas, and Phoenix, Ariz. to Doña Ana County, N.M., where the methamphetamine was distributed to local drug dealers.

Before the superseding indictment was filed, one defendant entered a guilty plea to a charge in the original indictment.  Thereafter, eight other defendants entered guilty pleas to various counts in the superseding indictment.  Marquez and Arroyos elected to proceed to trial on the following counts of the superseding indictment:  Count 1, charging both men with conspiracy to possess methamphetamine with intent to distribute; Count 13, charging Marquez with using a communication device (a telephone) to facilitate a drug trafficking crime; Count 16, charging Marquez with possession of methamphetamine with intent to distribute; and Count 17, charging Arroyos with possession of methamphetamine with intent to distribute.

Trial commenced on July 29, 2013, and concluded late this afternoon when the jury returned verdicts of guilty against Marquez and Arroyos on all counts against them.  The evidence at trial established that in March 2012, the DEA received court authorization to conduct a wiretap investigation and listen to communications occurring over Marquez’s telephone.  During the investigation, the investigators learned that Marquez was conspiring with others to bring large quantities of methamphetamine from Texas and Arizona to New Mexico so that the drugs could be divided up, repackaged, and sold on the streets of Las Cruces.  Among other things, the investigation revealed that in April 2012, Marquez sent two women to Arizona to pick up a pound of methamphetamine.  Through intercepted conversations, the investigators learned that, after taking possession of the methamphetamine, Marquez sold the methamphetamine to local drug dealers. 

The investigation also revealed that in May 2012, Marquez made arrangements for the delivery of another pound of methamphetamine.  This time, Arroyos was responsible for delivering the methamphetamine.  After Arroyos’ initial attempt to deliver the methamphetamine  to Marquez was unsuccessful, the two men had a telephone conversation during which they made arrangements for Arroyos to deliver the methamphetamine to Marquez at his home.  Before Arroyos could make the delivery, he was arrested by an officer who executed a traffic stop on Arroyos’ vehicle and found a pound of methamphetamine hidden in the engine area of the vehicle.

The jury deliberated for approximately four hours before returning guilty verdicts against Marquez and Arroyos. 

At sentencing, Marquez and Arroyos each faces a minimum of ten years to a maximum of life imprisonment and a $10 million fine.  Marquez and Arroyos have been in federal custody since their arrests in May 2012, and they remain detained pending their sentencing hearings which have yet to be scheduled.

The case was investigated by the Las Cruces offices of the DEA and ATF, with assistance from the U.S. Border Patrol, Hatch Police Department, Motor Transportation Division of the New Mexico Department of Public Safety, New Mexico State Police, Las Cruces/Doña Ana County Metro Narcotics Agency, and Las Cruces Police Department Gang Task Force.  It is being prosecuted by Assistant U.S. Attorneys Marisa Lizarraga, Aaron O. Jordan and Sarah M. Davenport.

The case was the result of a five-month investigation led by the DEA and ATF, which was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is 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.

ALBUQUERQUE – Joel Rodriguez, 37, a Cuban refugee who resides of Albuquerque, N.M., was sentenced this afternoon to ten years in federal prison followed by three years of supervised release for his Hobbs Act robbery conviction.

Rodriguez was arrested in Nov. 2011 in a two-count indictment charging him with (1) violating the Hobbs Act by robbing a business engaged in interstate commerce, and (2) being a felon in possession of a firearm.  The indictment charged Rodriguez with robbing a business engaged in payday and short term loans at gunpoint on May 17, 2011.  At the time, Rodriguez was prohibited from possessing firearms or ammunition because he previously had been convicted of three felony offenses in the Second Judicial District Court for the State of New Mexico, including trafficking in controlled substances and aggravated assault with a deadly weapon.   

Rodriguez pleaded guilty on June 6, 2013, to Count 1 of the indictment charging him with a Hobbs Act robbery at a Check ‘n Go, located at 2810 Coors Blvd. NW in Albuquerque on May 17, 2011.   In entering his guilty plea, Rodriguez admitted entering the business, threatening an employee with violence, and demanding money.

This case was brought as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

            The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Albuquerque Police Department and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Stanford Benally, 42, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., was sentenced this afternoon to 30 months in federal prison followed by five years of supervised release for his involuntary manslaughter conviction.

Benally was arrested on Sept. 11, 2012, on an indictment charging him with second degree murder and involuntary manslaughter.  The second degree murder charge alleged that, on May 19, 2012, Benally caused the death of a minor female by serving her liquor and failing to provide care and seek medical attention for her in a manner that evinced a callous and wanton disregard for human life.  The involuntary manslaughter charge alleged that Benally caused the death of the victim, who was unconscious and intoxicated, by negligently failing to provide care or to seek medical assistance for the victim. 

Benally pleaded guilty on March 22, 2013 to an involuntary manslaughter charge and admitted that on May 19, 2012, he killed his daughter by negligently failing to provide care or seeking medical assistance for her even though he knew she was unconscious and intoxicated.  He further admitted that his criminal act took place on the Navajo Indian Reservation.

As required by the plea agreement, the second degree murder charge was dismissed after Benally was sentenced.

This case was prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.

ALBUQUERQUE – Reese Chancellor, 31, of Albuquerque, pleaded guilty this morning to conspiracy and identity theft charges under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Chancellor will be subject to a ten month prison sentence followed by a term of supervised release to be determined by the court.  Chancellor also will be required to pay $124,708.71 in restitution to the businesses that were victims of his criminal conduct.

Chancellor and his co-defendants, Jeremy Bacuccini, 35, and Mitzi Marsh, 55, both of Albuquerque, were indicted in Nov. 2012, on identity theft, aggravated identity theft and conspiracy charges.  According to the 11-count indictment, the three defendants unlawfully used the identities of others to commit crimes in 2007 and 2008.  According to the indictment, the three defendants used counterfeit access devices, like credit cards, opened in the names of others and without their permission to fraudulently obtain items valued at more than $1,000.00.  Court filings indicate that the co-conspirators were responsible for approximately $124,708.71 in losses sustained by the retailers.

This morning, Chancellor entered guilty pleas to Counts 3 and 7 of the indictment, charging him with conspiracy to commit identity theft, and Count 8, charging him with identity theft.  In his plea agreement, Chancellor admitted that, while working at an Albuquerque apartment complex in Oct. 2007, he obtained unauthorized access to tenant files and used the names and identifiers of the tenants to make fake IDs and counterfeit checks.  Chancellor further admitted that Bacuccini and Marsh used the fake IDs and counterfeit checks to make fraudulent purchases at numerous retailers, including Home Depot, Zales, Lowe’s, Costco, Sears, Sam’s Club and Sears, valued in aggregate at approximately $124,708.71.

Co-defendant, Bacuccini pleaded guilty on June 17, 2013, to Count 6 of the indictment, charging him with aggravated identity theft.  In his plea agreement, Bacuccini admitted that, in Dec. 2007 and Jan. 2008, he used the names and personal identifiers of four individuals, which he obtained from Chancellor, to open accounts at businesses in Albuquerque and Santa Fe and make purchases.  He also admitted using fake checks in the names of two of the individuals to make purchases at Albuquerque businesses.  Bacuccini also admitted making fake checks using bank account numbers provided by Marsh, who worked at a physician’s office.  Bacuccini acknowledged that he and Chancellor are jointly responsible for $30,431.70 in losses sustained by retailers as a result of their criminal conduct.  Under the terms of his plea agreement, Bacuccini will be sentenced to two years in federal prison and will be required to make full restitution to the victims of his criminal conduct.  Bacuccini is in custody pending his sentencing hearing, which has yet to be scheduled.

Marsh has yet to be arrested and is considered a fugitive.  The charges against Marsh are merely accusations and she is presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

            This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Cynthia L. Weisman.

ALBUQUERQUE – Herbert Ben, Sr., 63, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty earlier today to sexually abusing a minor under a plea agreement with the U.S. Attorney’s Office.

Ben, Sr., and co-defendants Rosabelle Ben, 58, and Bruce Hamilton, 77, also members of the Navajo Nation from Shiprock, were arrested in May 2012, based on a criminal complaint alleging child sex abuse offenses.  All three subsequently were indicted and charged with sexual abuse of a child between the age of 12 and 16 years, and aiding and abetting the sexual abuse of a child.

Today Ben, Sr., entered a guilty plea to sexual abuse of a minor and admitted that, on a day between Aug. 2010 and Dec. 2011, he sexually abused the victim at a location within the Navajo Reservation. 

Under the terms of the plea agreement, Ben, Sr. will be sentenced to a federal prison term within the range of two to five years followed by a term of supervised release to be determined by the court.  Ben, Sr. also will be required to register as a sex offender.  Ben, Sr. was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and he will remain detained pending his sentencing hearing, which has yet to be scheduled. 

Co-defendants Rosabelle Ben and Hamilton have entered not guilty pleas and are pending trial.  The charges against Rosabelle Ben and Hamilton are merely accusations and they are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

The case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  The case is being prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and 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/.

ALBUQUERQUE – Veronica Benavidez, 38, of Bernalillo, N.M., pleaded guilty this morning to a federal wire fraud charge under a plea agreement with the U.S. Attorney’s Office.

During her plea hearing, Benavidez entered a guilty plea to a felony information charging her with wire fraud.  The information alleged that from Jan. 2010 through Dec. 2010, Benavidez engaged in a scheme to defraud major retailers, primarily Wal-Mart stores located throughout the country and outside of New Mexico, by falsely claiming that she purchased merchandise from the stores which was mistakenly sent to other customers.  Benavidez then requested and obtained refunds for merchandise that she had not purchased and to which she was not entitled.  To perpetuate the scheme, Benavidez requested refunds in her own name and several others and requested that the refunds be sent to various locations in New Mexico, including Albuquerque and Rio Rancho, in the form of MoneyGram wire transfers and Wal-Mart pre-paid money cards.  As a result of Benavidez’s illegal scheme, retailers transferred approximately $12,599.58 to Benavidez in New Mexico.

In her plea agreement, Benavidez admitted perpetuating the scheme described in the felony information.  She also admitted using cell phones to contact the stores to fraudulently claim refunds.  More specifically, Benavidez admitted using cell phones to make 26 calls to 26 stores between Jan. 12, 2010 and Dec. 31, 2010, and receiving approximately $12,599.58 in fraudulent refunds.

At sentencing, Benavidez faces a maximum possible sentence of 20 years in prison and a $250,000 fine.  The plea agreement requires that Benavidez make full restitution to the victims of her criminal conduct, which is estimated at $39,331.70.  Benavidez’s sentencing date has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Mary L. Higgins.

• Information

ALBUQUERQUE – Jerome Dominic Concha, 20, a member and resident of Jemez Pueblo, was sentenced this afternoon to 57 months in federal prison followed by three years of supervised release for two assault convictions.  Concha also was ordered to pay $13,359.38 to the Indian Health Services in Taos and Jemez Pueblos to cover the costs of medical care for the victims of Concha’s assaults.

Concha was arrested on Feb. 15, 2012, and charged with assaulting a Taos Pueblo man on Jan. 7, 2011.  Concha pleaded guilty to an assault charge on July 27, 2012, and admitted seeking the victim out, knocking him to the ground, and repeatedly striking him about the head and face.  The victim had to undergo surgery to repair the extensive damage to the bone structure of the orbit of the eye and nasal bone fractures he sustained as a result of Concha’s assault.

While on release under pretrial supervision and awaiting sentencing on the Jan. 7, 2011 assault, Concha was again arrested on Jan. 10, 2013, on another assault charge.  In Feb. 2013, Concha was indicted and charged with assault resulting in serious bodily injury.  According to court records, on Jan. 1, 2013, Concha repeatedly struck a Jemez Pueblo man in the face and head with a hatchet in a residence on Jemez Pueblo.  On April 22, 2013, Concha pleaded guilty to this second assault and admitted assaulting the victim with a hatchet.  The victim sustained serious injuries, including a depressed skull fracture, a fracture to the jaw and upper palate, and the loss of multiple teeth, as a result of the assault. 

These cases were investigated by the Albuquerque office of the FBI with assistance from the Taos Police Department and the Pueblo of Jemez Police Department, and were prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Jose Domingo Jasso-Topete, 34, a Mexican national illegally present in the United States, pleaded guilty this morning in Las Cruces federal court to conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute.  The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.

Jasso-Topete is one of eight Mexican nationals arrested shortly after midnight on March 24, 2012, by U.S. Border Patrol agents after agents observed five vehicles breach the International Border Fence south of Animas, N.M.  The agents conducted surveillance as the vehicles drove northbound in a convoy and moved in when four of the vehicles crashed into each other.  The agents eventually apprehended eight individuals and took control of the four vehicles which contained approximately 3,154 kilograms of marijuana.

The eight defendants initially were charged in four criminal complaints and subsequently indicted together and charged with conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute.  Four of the defendants also were charged with re-entering the United States after prior deportation. 

During today’s proceedings, Jasso-Topete entered guilty pleas to Counts 1 and 2 of the indictment charging him with conspiracy to possess marijuana with intent to distribute and possession of more than 1,000 kilograms of marijuana with intent to distribute.  In his plea agreement, Jasso-Topete acknowledged that on March 24, 2013, he was in a vehicle that was part of a five-vehicle convoy that smuggled approximately 3,000 kilograms of marijuana from Mexico into the United States.  Jasso-Topete admitted that on the night of March 24, 2013, he and seven others crossed from Mexico into New Mexico and drove through the desert until they were apprehended by Border Patrol Agents.  He further admitted that all five vehicles, which were covered with camouflage tarps and driven without headlights, were loaded with marijuana that they intended to deliver to other individuals in the United States.

At sentencing, Jasso-Topete faces a prison sentence of not less than ten years and not more than life imprisonment.  He will be deported after he completes his prison sentence.  Jasso-Topete has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

Co-defendant Francisco Flores-Enriquez, 26, also a Mexican national illegally present in the United States, entered a guilty plea on July 26, 2013, to Count 1 of the indictment, the conspiracy charge.  He, too, faces a prison sentence of not less than ten years and not more than life imprisonment and will be deported after he completes his prison sentence. 

The remaining six co-defendants have entered not guilty pleas and are detained pending trial.  The charges in the indictment against the co-defendants are merely accusations and the co-defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Deming, N.M., office of HSI and the Lordsburg, N.M., office of the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – John W. Vandermeer, 62, of Albuquerque, N.M., pleaded guilty this morning to receipt of a visual depiction of minors engaged in sexually explicit conduct.  Under the terms of his plea agreement, Vandermeer will be sentenced to 15 years in federal prison followed by a lifetime of supervised release.  Vandermeer also will be required to register as a sex offender.  The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Robert W. Shilling of the New Mexico State Police (NMSP).

Vandermeer was arrested on Dec. 4, 2012, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M., between Jan. 2011 and Nov. 2012.  On Dec. 19, 2012, Vandermeer was indicted and charged with three counts of receipt of child pornography and two counts of possession of child pornography.  The indictment alleged that Vandermeer received child pornography from Jan. 2009 through April 16, 2011 and that he possessed child pornography in Dec. 2012, in Bernalillo County.

During today’s proceedings, Vandermeer entered a guilty plea to Count 3 of the indictment charging him with receipt of child pornography.  In his plea agreement, Vandermeer acknowledged that HSI and NMSP executed a search warrant at his residence on Dec. 4, 2012 and seized computers and computer-related media.  The search warrant was issued based on an undercover investigation by the NMSP that began in Nov. 2012, and targeted individuals who possessed, received and distributed child pornography.  The investigation revealed that an IP Address which was subscribed to Vandermeer was being used to download child pornography images and videos through a peer-to-peer file-sharing program.

Vandermeer also acknowledged voluntarily participating in a recorded interview on Dec. 4, 2012, during which he admitted downloading child pornography images and videos of prepubescent children.  Vandermeer also admitted having a prior conviction for raping a child under the age of 14 years from Massachusetts.  According to court filings, during the interview, Vandermeer stated that he moved from Massachusetts to Albuquerque in 1987 after he was convicted of child rape.  Vandermeer also stated that he was involved in Albuquerque theater productions involving children. 

Vandermeer faces the enhanced penalty of a mandatory minimum 15 year prison sentence because of his prior sex offense conviction.  He remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Vandermeer will forfeit his computers and computer-related media.

This case was investigated by the Albuquerque office of HSI, the Online Predator Unit of the NMSP and the New Mexico Regional Computer Forensic Laboratory.  It is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees 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 64 federal, state and local law enforcement agencies associated with the 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.

ALBUQUERQUE – Timothy Ignacio Duboise, 28, an enrolled member of the Navajo Nation who resides in Chichilta, N.M., was sentenced this afternoon to ten years in federal prison followed by six years of supervised release for his aggravated child sexual abuse conviction.   Duboise will be required to register as a sex offender after he completes his prison sentence.

According to the criminal complaint filed in the case, the FBI initiated a criminal investigation into Duboise after the Navajo Division of Social Service reported an allegation of child sexual assault.  Duboise was arrested on July 30, 2012, and has been in federal custody since that time.

Duboise pleaded guilty on Feb. 27, 2013, to an aggravated sexual abuse charge and admitted that, between July 15, 2011 and Aug. 15, 2011, he sexually assaulted a Navajo child by touching the child’s genitals.  Duboise further admitted that the sexual assault occurred on the Navajo Indian Reservation.

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety and with the assistance of the Navajo Division of Social Services.  The case was prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Dennis George Cheresposy, 49, a member and resident of the Pueblo of Laguna, pleaded guilty this morning to two assault charges announced U.S. Attorney Kenneth J. Gonzales, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Chief Michelle F. Ray of the Pueblo of Laguna Police Department.

Cheresposy was arrested on Jan. 18, 2013, on a two-count indictment charging him with (1) assault with a dangerous weapon and (2) assault resulting in serious bodily injury.  According to the indictment, Cheresposy used his fists and boots to assault another man on Oct. 20, 2011, causing the victim to suffer serious injuries.

During this morning’s proceedings, Cheresposy pled guilty to Count 2 of the indictment, charging him with assault resulting in serious bodily injury, and a felony information charging him with assaulting a man with his hands and feet on May 3, 2012.

In entering his guilty plea to Count 2 of the indictment, Cheresposy admitted that on Oct. 20, 2011, he kicked and punched a Laguna Pueblo man, who suffered multiple rib fractures as a result of the assault.  Cheresposy also admitted that the assault occurred on a ranch run by the Pueblo of Laguna Cattle Association which is located in the Pueblo of Laguna.

In pleading guilty to the felony information, Cheresposy admitted that on May 3, 2012, he kicked and punched another Laguna Pueblo man who suffered a fractured eye orbit and bulging disc as a result of the assault.  Cheresposy further admitted that this second assault occurred in a location within the Pueblo of Laguna.

Cheresposy has been in federal custody since his arrest in Jan. 2013 and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Cheresposy will be sentenced to 30 months in federal prison followed by a term of supervised release to be determined by the court. 

These cases were investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department and are being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – James Phillip Tafoya, 43, of Albuquerque, N.M., entered a guilty plea this morning to using a firearm in relation to a crime of violence under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Tafoya will be sentenced to seven years in federal prison followed by a term of supervised release to be determined by the court. 

Tafoya was arrested in Jan. 2013 on a three-count indictment charging him with (1) violating the Hobbs Act by robbing a business involved in interstate commerce, (2) using a firearm in relation to a crime of violence, and (3) theft of medical products.  Count 1 of the indictment alleged that Tafoya robbed an employee of an Albuquerque-area CVS Pharmacy at gunpoint on Nov. 3, 2012, and stole Oxycodone and Oxycontin.  Count 2 alleged that Tafoya used a firearm to perpetuate the robbery, and Count 3 alleged that Tafoya used violence and the threat of violence to unlawfully take pre-retail medical products.

This morning, Tafoya pleaded guilty to Count 2 of the indictment.  In entering his guilty plea, Tafoya admitted that on Nov. 3, 2012, he committed armed robbery of the CVS store located at 9640 Menual Blvd NE, in Albuquerque.  Tafoya stated that he entered the store, displayed and brandished a firearm in order to intimidate the clerk, and demanded that the clerk give him Oxycodone and Oxycontin.  He also admitted knowing that CVS is a business engaged in interstate commerce, and that he used a firearm to knowingly and unlawfully take pre-retail medical products through the threat of violence or force.

Tafoya has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of the plea agreement, Counts 1 and 3 of the indictment will be dismissed after Tafoya is sentenced.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.  The case was brought as part of a new law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies.  This new initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under the anti-violence 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 our communities for as long as possible.

ALBUQUERQUE – Francisco Flores-Enriquez, 26, a Mexican national illegally present in the United States, entered a guilty plea this afternoon in Las Cruces federal court to conspiracy to possess more than 1,000 kilograms of marijuana with intent to distribute.  The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.

Flores-Enriquez was one of eight Mexican nationals arrested shortly after midnight on March 24, 2012, by U.S. Border Patrol agents after agents observed five vehicles breach the International Border Fence south of Animas, N.M.  The agents conducted surveillance as the vehicles drove northbound in a convoy and moved in when four of the vehicles crashed into each other.  The agents eventually apprehended eight individuals and took control of the four vehicles which contained approximately 3,154 kilograms of marijuana.

The eight defendants initially charged in four criminal complaints and subsequently indicted together and charged with conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute.  Four of the defendants also were charged with re-entering the United States after prior deportation. 

During today’s proceedings, Flores-Enriquez entered a guilty plea to Count 1 of the indictment charging him with conspiracy to possess marijuana with intent to distribute.  In his plea agreement, Flores-Enriquez admitted that on March 24, 2013, he was in a vehicle that was part of a five-vehicle convoy that smuggled approximately 3,000 kilograms of marijuana from Mexico into the United States.  Flores-Enriquez admitted that on the night of March 24, 2013, he and seven others crossed from Mexico into New Mexico and drove through the desert until they were apprehended by Border Patrol Agents.  He further admitted that all five vehicles, which were covered with camouflage tarps and driven without headlights, were loaded with marijuana that they intended to deliver to other individuals in the United States.

At sentencing, Flores-Enriquez faces a prison sentence of not less than ten years and not more than life imprisonment.  He will be deported after he completes his prison sentence.  Flores-Enriquez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

Flores-Enriquez’s seven co-defendants have entered not guilty pleas and are detained pending trial.  The charges in the indictment against the co-defendants are merely accusations and the co-defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Deming, N.M., office of HSI and the Lordsburg, N.M., office of the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict late yesterday afternoon against Yuren Aranda-Diaz, 34, a Mexican national illegally in the United States, on drug trafficking and firearms charges after a two-day trial.  The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Ray Schultz of the Albuquerque Police Department (APD).

Aranda-Diaz was arrested on Oct. 2, 2012, on a criminal complaint on drug trafficking, firearms and immigration charges after he sold heroin to an APD informant.  Thereafter, Aranda-Diaz was indicted and charged with (1) being an alien in possession of a firearm; (2) being a felon in possession of a firearm; (3) possession of heroin with intent to distribute; (4) distribution of heroin; (5) using and carrying a firearm in relation to a drug trafficking crime; and (6) unlawful re-entry into the United States after previously having been deported. 

Court filings reflect that Aranda-Diaz was prohibited from possessing firearms because he was an alien illegally in the United States.  He also was prohibited from possessing firearms because he previously had been convicted of re-entry by a deported alien on two occasions, being a felon in possession of a firearm, and being an alien in possession of a firearm in the U.S. District Court for the District of New Mexico.   He also previously had been convicted for possession of cocaine in the 2nd Judicial District Court for the State of New Mexico.

On the morning of July 24, 2013, Aranda-Diaz entered guilty pleas to Counts 1, 2 and 6 of the indictment and immediately thereafter proceeded to trial on Counts 3, 4 and 5 of the indictment.  The trial of the case concluded late yesterday afternoon when the jury returned a verdict finding Aranda-Diaz guilty on all three counts.

The evidence at trial established that on the afternoon of Oct. 2, 2012, a confidential informant working for APD purchased an ounce of heroin from Aranda-Diaz for $750.00, in the vicinity of 5th Street and Menaul Blvd. NW, in Albuquerque.  Shortly thereafter, APD officers arrested Aranda-Diaz and recovered the $750.00 used by the informant to purchase the heroin.  The officers also found a loaded pistol on the front seat of the passenger seat of Aranda-Diaz’s vehicle.  The jury deliberated for less than two hours before returning a guilty verdict on the three counts that were tried. 

Aranda-Diaz has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing,  Aranda-Diaz faces a maximum sentence of ten years in prison on each of Counts 1, 2 and 6 of the indictment and 20 years in prison on each of Counts 3 and 4.  Aranda-Diaz also faces a mandatory five years in prison on Count 5 which must be served consecutive to any prison sentence imposed on the other five counts of the indictment.

This case was investigated by the Albuquerque office of HSI and APD, and is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Novaline D. Wilson.

ALBUQUERQUE – Martin Moreno, 52, of Farmington, N.M., pleaded guilty earlier today to drug trafficking and firearms charges under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Moreno will be sentenced to 15 years in federal prison.  The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Commander of the Region II Narcotics Task Force.

Moreno was arrested on March 8, 2012, on a criminal complaint charging him with drug trafficking offenses.  Moreno subsequently was charged in a seven-count second superseding indictment with possession of methamphetamine, cocaine and marijuana with intent to distribute; using and carrying a firearm in furtherance of a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition.  According to court records, Moreno possessed the narcotics, numerous firearms and ammunition on Feb. 27, 2012, in San Juan County, N.M.  At the time, Moreno was prohibited from possessing firearms and ammunition because he previously had been convicted of trafficking cocaine in the 11th Judicial District Court for the State of New Mexico in San Juan County.  Moreno was arrested on state charges on Feb. 27, 2012, which were dismissed after the federal charges were filed.

The charges against Moreno arose from evidence seized on Feb. 27, 2012, when the Region II Narcotics Task Force and HSI executed a search warrant authorizing searches of Moreno’s residence, two storage lockers and truck.  They also were based on Moreno’s post-arrest statement which included an acknowledgement that he was the owner of the contents of the storage lockers and his truck.  

This morning, Moreno entered a guilty plea to all seven counts of the second superseding indictment.  In his plea agreement, Moreno admitted that on Feb., 27, 2012, he possessed approximately 120 grams of methamphetamine, a kilogram of cocaine and a kilogram of marijuana, all of which were stored in a storage locker in Farmington.  He also admitted keeping a stolen pistol and ammunition in the storage locker for the purpose of protecting the drugs.

Moreno also admitted that in a different storage locker, he stored 14 firearms, including a machine gun, shotguns, hunting rifles and semi-automatic rifles.  He acknowledged that as a convicted felon, he was prohibited from owning firearms.

In his plea agreement, Moreno also admitted possessing additional amounts of drugs, including a small amount of methamphetamine and a supply of marijuana, and a pistol at his residence.  Moreno also acknowledged that the $3,000 in cash were found in his bedroom and the $66,000 in cash found in his truck were the proceeds of his narcotics trafficking activities.

Moreno has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.  In addition to the 15 year prison sentence, the plea agreement also requires that Moreno forfeit the firearms, ammunition and narcotics proceeds seized on Feb. 27, 2012.

This case was investigated by the Albuquerque office of HSI and the Region II Narcotics Task Force.  The case is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Samuel A. Hurtado as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this anti-violence 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.

ALBUQUERQUE – Jerrileta Singer, 32, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to committing a robbery in Indian Country under a plea agreement with the U.S. Attorney’s Office.

Singer and her co-defendant, Eddie Shirley, 28, a Navajo man from Shiprock, were charged in Dec. 2012, with the armed robbery of a Sonic Drive-In Restaurant in Shiprock on Nov. 30, 2012.  The two were then indicted and charged with (1) robbery, and (2) using and brandishing a firearm during and in relation to a crime of violence.

During today’s plea hearing, Singer pleaded guilty to the robbery charge and admitted her role in robbing four individuals in the restaurant by use of force, violence and intimidation and taking money belonging to the restaurant.   At sentencing, Singer faces a maximum of 15 years in prison.

Shirley, Singer’s co-defendant, entered a guilty plea on June 25, 2013, to Count 2 of the indictment and admitted using a firearm to rob the Sonic Drive-In in Shiprock on Nov. 30, 2012.  Shirley has been in federal custody since his arrest and remains detained pending his sentencing hearing, which is scheduled for September 23, 2013.  Under the terms of his plea agreement, Shirley will be sentenced to not less than seven years in prison. 

This case was investigated by Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Nathaniel Chee, Jr., 53, a member and resident of the Mescalero Apache Nation, was sentenced yesterday afternoon to 30 months in prison followed by five years of supervised release for his abusive sexual contact conviction.  Chee will be required to register as a sex offender when he completes his prison sentence.

Chee was arrested on July 25, 2012, based on a criminal complaint alleging that he sexually abused a child between the age of 12 and 16 years.  He has been in federal custody since that time.  On Nov. 28, 2012, Chee pleaded guilty to a felony information charging him with abusive sexual contact.  In entering his guilty plea, Chee admitted sexually abusing a child on Nov. 11, 2009, on the Mescalero Apache Indian Reservation.

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office. 

The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Abran Felipe Armijo, 45, of Albuquerque, N.M., pleaded guilty this morning to a bank robbery charge under a plea agreement with the U.S. Attorney’s Office.  Under the terms of his plea agreement, Armijo will be sentenced to a federal prison term within the range of ten to fifteen years.

Armijo was arrested on Jan. 4, 2012, based on a criminal complaint charging him with bank robbery and subsequently was indicted on the same charge on Jan. 26, 2012.  According to the indictment, Armijo robbed the BBVA Compass Bank, located at 13140 Central Avenue SE in Albuquerque, on Jan. 4, 2012.

During today’s proceedings, Armijo entered a guilty plea to the indictment.  Armijo admitted that on Jan. 4, 2012, he walked into the BBVA Compass Bank, approached the bank teller and said, “This is a robbery,” and threatened to shoot the teller if he had to show the teller his gun.  Armijo admitted obtaining cash from the bank teller and fleeing on foot.  He further admitted that later that day, officers of the Albuquerque Police Department found him hiding in a closet in an apartment with a coat covering his head.  A bag containing the money he stole from the bank was found in the sleeve of the coat.  

Armijo 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 FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Louis E. Valencia.

ALBUQUERQUE – Prescott Apachito, 24, an enrolled member of the Navajo Nation who resides in Alamo, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Apachito was arrested on Feb. 11, 2013, based on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm.  Apachito subsequently was indicted and charged with two counts of assault with a dangerous weapon.  According to the indictment, Apachito committed the offense on Nov. 29, 2012, in Socorro County, N.M., on the Navajo Indian Reservation.

During today’s proceedings, Apachito entered a guilty plea to Count 2, charging him with assault with a dangerous weapon.  Apachito admitted that in the early morning hours of Nov. 29, 2012, during an argument with several others, he pulled a utility knife out of his pocket and cut a female victim by slicing her neck.  He further admitted stabbing a male victim in the stomach when the victim attempted to restrain him.  In his plea agreement, Apachito admitted committing this criminal conduct on the Navajo Indian Reservation.  

Apachito has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Apachito faces a maximum penalty of ten years in prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney David Adams.

ALBUQUERQUE – Gary Raymond Ahidley, Jr., 28, a member and resident of the Mescalero Apache Nation, was sentenced this morning in Las Cruces federal court to 37 months in prison followed by two years of supervised release for being a felon in possession of a firearm.  The sentence was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Ahidley pleaded guilty on April 11, 2013, to unlawfully possessing a firearm in Nov. 2010, in Otero County, N.M.  At the time, Ahidley was prohibited from possessing firearms or ammunition because he previously had been convicted on federal assault charges in Feb. 2007 and ordered to serve a 41 month prison sentence.

During his plea hearing, Ahidley admitted possessing a Luger 9 mm handgun in Nov. 2010.  Court records reflect that BIA agents learned about the firearm in Dec. 2010 from a Mescalero woman who reported that Ahidley had assaulted her on Nov. 30, 2010.  Based on information provided by the victim, the BIA agents were able to retrieve the weapon from a residence on the Mescalero Apache Reservation.

This case was investigated by the Mescalero Agency of the BIA Office of Justice Services and was prosecuted by Assistant U.S. Attorneys Mick I.R. Gutierrez and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – William Edward Jenne, 23, of Las Cruces, N.M., pleaded guilty this morning in Las Cruces federal court to possession of a visual depiction of minors engaged in sexually explicit conduct. 

Jenne was arrested by Homeland Security Investigations (HSI) agents on Dec. 4, 2012, on a criminal complaint alleging federal child pornography charges.  According to court filings, the investigation leading to Jenne’s arrest was initiated in mid-Nov. 2012, when an officer of the Las Cruces Police Department (LCPD) who was working online in an undercover capacity connected with an IP Address that was sharing files that appeared to contain child pornography.  After determining that the IP Address was subscribed to Jenne, HSI and LCPD executed a search warrant at Jenne’s residence and seized computers and computer-related media.  During an interview, Jenne admitted that the computers and computer-related media contained child pornography.

During today’s hearing, Jenne pleaded guilty to a felony information charging him with possession of child pornography in Dona Ana County, N.M.  Jenne admitted that from Aug. 2012 to Dec. 2012, he knowingly possessed child pornography.

Jenne was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Jenne faces a maximum ten years in federal prison followed by a term of supervised release to be determined by the court.  Jenne also will be required to register as a sex offender after he completes his prison sentence.

This case was investigated by the Las Cruces office of HSI and the LCPD and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.  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 64 federal, state and local law enforcement agencies associated with the 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.

ALBUQUERQUE – Jason Mooney, 36, a member and resident of Laguna Pueblo pleaded guilty this morning to an aggravated sexual abuse charge.  Under the terms of his plea agreement, Mooney will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.  Mooney also will be required to register as a sex offender. 

Mooney’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Chief Michelle F. Ray of the Pueblo of Laguna Police Department.

Mooney was arrested on June 12, 2008, based on a criminal complaint alleging that he sexually abused a child between the age of 12 and 16 years.  In July 2008, Mooney was indicted on aggravated sexual abuse charges.  Proceedings in the case were delayed by competency proceedings.

In his plea agreement, Mooney admitted that sexually abusing a minor child on a date between July 2003 and July 2004.  He further admitted that his unlawful conduct occurred on Laguna Pueblo. 

Mooney 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 Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department, 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/.

ALBUQUERQUE – Donald Keith Colvin, 40, of Hobbs, N.M., was sentenced this afternoon in Las Cruces federal court to 121 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.  Colvin’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, 5th Judicial District Attorney Janetta B. Hicks, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division, and Commander Michael Wilson of the Lea County HIDTA Drug Task Force.

Colvin was arrested on Oct. 9, 2012, on a criminal complaint alleging that he unlawfully possessed firearms in Lea County, N.M., on Sept. 14, 2012.  Colvin was prohibited from possessing firearms or ammunition because he previously had been convicted of involuntary manslaughter and negligent use of a deadly weapon.  On Jan. 16, 2013, Colvin entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute and was remanded into federal custody.

According to court filings, on Sept. 14, 2012, the Lea County HIDTA Drug Task Force executed a state search warrant at Colvin’s residence in Hobbs.  During the execution of the search warrant, the officers seized 59.91 net grams of methamphetamine which were found in Colvin’s bedroom and in a safe in his bathroom.  The officers also seized four operational firearms, including a loaded Smith & Wesson .38 special revolver, and a non-operational firearm from Colvin’s bedroom.  Colvin was arrested on state charges, which were dismissed after his arrest on federal charges.

“I want to commend all of the hard work of the officers and prosecutors in this case,” said District Attorney Janetta B. Hicks.  “It is that kind of cooperation between local law enforcement and our federal partners that make our community safer.”

This case was investigated by the Las Cruces offices of ATF and DEA and the Lea County HIDTA Drug Task Force, with assistance from officers of the Lea County Sheriff’s Department and the Hobbs Police Department, and was prosecuted by Senior Litigation Counsel Terri L. Abernathy of the U.S. Attorney’s Las Cruces Branch Office. 

The Lea County HIDTA Task Force is comprised of officers from the Lea County Sheriff’s Department, Hobbs Police Department, Eunice Police Department, Jal Police Department, Lovington Police Department and Tatum 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.

ALBUQUERQUE – Erick McDonald, 21, an enrolled member of the Navajo Nation who resides in Two Grey Hills, N.M., was sentenced yesterday afternoon to 37 months in federal prison followed by seven years of supervised release for his child sexual abuse conviction.  McDonald also will be required to register as a sex offender.

McDonald pleaded guilty on March 4, 2013, to a two-count information charging him with abusive sexual contact with a six-year-old Indian child and a 12-year-old Indian child on Sept. 19, 2012.  In entering his guilty plea, McDonald admitted that he intentionally touched the genitals and other body parts of the two victims.  Court records reflect that McDonald’s unlawful conduct occurred in a residence on the Navajo Indian Reservation.

This case was investigated by the Albuquerque and the Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Kirby Cleveland, 29, an enrolled member of the Navajo Nation who resides in Casamero Lake, N.M., pleaded guilty this morning to a federal assault charge.  Under the terms of his plea agreement, Cleveland will be sentenced to two-years in prison followed by a term of supervised release to be determined by the court.

Cleveland was arrested in July 2012, based on a criminal complaint and subsequently indicted and charged with assault with a dangerous weapon, assault resulting in serious bodily injury, and aggravated burglary.  According to the criminal complaint forcefully entered into a residence located on the Navajo Indian Reservation, armed with a baseball bat and assaulted a Navajo woman.

During this morning’s proceedings, Cleveland pleaded guilty to assault resulting in serious bodily injury and admitted assaulting the victim on May 14, 2012, at her family’s home.  According to his plea agreement, Cleveland went to the victim’s home looking for individuals who had threatened him earlier in the day.

Cleveland has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Jacob Wishard and Novaline D. Wilson.

ALBUQUERQUE – A federal grand jury has returned a seven-count indictment charging Carlos Jonathan Cruz, 30, the owner of Hobbs Satellite Company Guns & Ammo, and his parents, Carlos Carlon Cruz, 59, and Norma M. Cruz, 56, with violations of the federal firearms laws.  The three defendants were arraigned on the indictment today in Las Cruces federal court and entered not guilty pleas.  They were released under pretrial supervision pending trial of the case.

Counts 1 and 2 of the indictment allege that on two occasions in April 2013, the three defendants made 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.  Counts 3 and 4 charge Carlos Jonathan Cruz with unlawfully selling thousands of rounds of ammunition to an individual whom he had reason to believe was an alien illegally in the United States in April 2013 and May 2013.  Count 5 charges Carlos Jonathan Cruz with unlawfully possessing an unregistered sawed-off shot gun and Counts 6 and 7 charge him with unlawfully possessing firearms with obliterated serial numbers in May 2013.  The indictment alleges that all seven offenses were committed in Lea County, N.M.

Counts 1, 2, 6 and 7 of the indictment each carry a maximum possible sentence of five years in prison on conviction.  Counts 3, 4 and 5 each carry a maximum penalty of ten years in prison on conviction.  Charges in indictments are merely accusations and defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Drug Enforcement Administration 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.

ALBUQUERQUE – Homero Varela, 30, of Albuquerque, N.M., was sentenced today to 135 months in federal prison followed by five years of supervised release for his conviction on drug-trafficking and money laundering charges.  Varela also was ordered to pay a $150,000 money judgment and to forfeit his right, title and interest in his Albuquerque residence.

Varela’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Joseph M. Arabit of the El Paso Field Division of the DEA, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.

Varela was arrested in Jan. 2012, on a 29-count federal indictment charging him and 14 co-defendants with drug trafficking, money laundering and currency structuring offenses.  The indictment charged Varela and his 14 co-defendants with conspiracy to distribute cocaine, methamphetamine and marijuana in New Mexico between May 2011 and January 2012.  It also charged Varela and two co-defendants with participation in a money laundering conspiracy.  Varela also was charged with distributing methamphetamine, money laundering, and using a communications device to facilitate drug trafficking offenses.  The indictment included provisions seeking forfeiture of property constituting, or derived from proceeds obtained from the defendants’ illegal drug trafficking and financial crimes.

On Jan. 29, 2013, Varela pleaded guilty to the following three counts of the indictment:  Count 1, charging him with conspiracy to distribute controlled substances; Count 5, charging him with conspiracy to launder money; and Count 6, charging him with money laundering.   In entering his guilty plea, Varela admitted using cellular telephones on a regular basis to facilitate the distribution of illegal drugs in and about Albuquerque and his money laundering activities. 

In his plea agreement, Varela acknowledged the nature and extent of his drug trafficking activities by admitting that he distributed half a kilogram of methamphetamine to a DEA source in July 2011 and again in Sept. 2011.  He also admitted facilitating the distribution of 244 kilograms of marijuana and 26 kilograms of cocaine in early Nov. 2011.  The marijuana and cocaine were seized on Nov. 10, 2011, when law enforcement authorities arrested co-defendant Ramon Gonzales, Sr., as he was transporting the drugs.  Varela also admitted that he and co-defendant Roy Madrid arranged for others transport a large amount of currency to Mexico in July 2011.  On July 22, 2011, law enforcement authorities seized $112,270 from individuals who were taking drug proceeds from Varela’s drug trafficking activities to Mexico.  Varela also acknowledged the nature and extent of his money laundering activities in his plea agreement.

Seven of Varela’s co-defendants have entered guilty pleas.  Another six co-defendants have entered not guilty pleas to the indictment and are pending trial.  The 14th co-defendant, Manuel Villa-Mayorquin, has not been apprehended and is considered a fugitive.  The charges in the indictment against the seven co-defendants who have not pleaded guilty are only accusations, and they are presumed innocent unless proven guilty beyond a reasonable doubt.
   
The indictment in this case was the result of a multi-agency investigation into a major drug trafficking and money laundering organization operating out of the Albuquerque metropolitan area that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is 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.

This case was investigated by DEA, IRS and FBI with support from the New Mexico State Police, the Albuquerque Police Department and, the El Paso County Sheriff’s Office.  The case is being prosecuted by Assistant U.S. Attorney Reeve Swainston and Assistant U.S. Attorneys Stephen R. Kotz and Cynthia L. Weisman are handling the related forfeiture proceedings.

ALBUQUERQUE – Federal, state and local officials will hold a press conference on WEDNESDAY, JULY 17, 2013 at 10:00 A.M. to discuss their continuing efforts to combat drug trafficking and addiction in northern New Mexico, including a new push to encourage the public to anonymously report drug trafficking in their neighborhoods through the DEA’s tip line.

WHO: U.S. Attorney Kenneth J. Gonzales  

Special Agent in Charge Joseph M. Arabit, El Paso Division of the DEA

 

Secretary Gorden Eden, Jr., New Mexico Department of Public Safety
Mayor Alice A. Lucero, City of Espanola
Deputy Director Jose Ramirez, New Mexico HIDTA
Chairman Herman L. Silva, Northern New Mexico Anti-Drug Summit
Implementation Team
Members of the Northern New Mexico Anti-Drug Summit Implementation Team

WHAT:  Press conference to discuss a multi-agency continuing collaborative effort to  

combat drug trafficking and addiction in northern New Mexico.

WHEN:  

WEDNESDAY, JULY 16, 2013

 

10:00 A.M.

WHERE:   DEA Tip Line Billboard   US Highway 84/285 one mile north of Junction 503 (West Side)  

Pojoaque, NM

  (Map Attached)    OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Press inquiries regarding logistics should be directed to Ron Lopez at (505) 224-1466 or (505) 249-4702.

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ALBUQUERQUE – Alfonso Lezine, 40, of Albuquerque, N.M., was sentenced this afternoon to 15 years in federal prison followed by three years of supervised release for robbing four Albuquerque-area businesses and being a felon in possession of a firearm, announced U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Ray Schultz of the Albuquerque Police Department.

Lezine was arrested in Aug. 2012, on a six-count indictment charging him with four counts of violating the Hobbs Act by robbing businesses engaged in interstate commerce; one count of using a firearm during a crime of violence; and one count of being a felon in possession of a firearm.  The indictment alleged that Lezine committed four commercial robberies in Albuquerque between Oct. 2011 and March 2012.

On April 16, 2013, Lezine pleaded guilty to Counts 1, 3, 4 and 5 of the indictment, each of which charged him with a Hobbs Act robbery, and Count 6, which charged him with unlawful possession of a firearm.  In entering his guilty plea, Lezine admitted robbing the following Albuquerque businesses:  (1) the Family Dollar, located at 2001 2nd Street NW, on Oct. 15, 2011; (2) the same Family Dollar on March 6, 2012; (3) the Allied Cash Advance, located at 3821 Menaul NE, on March 20, 2012; and (4) the Family Dollar, located at 9550 Sage Road SW, on March 14, 2012.  Lezine also admitted that he unlawfully possessed a firearm on March 20, 2012.  According to court records, Lezine was prohibited from possessing firearms and ammunition because he previously had been convicted of residential burglary and a Hobbs Act robbery and using a firearm in relation to a crime of violence in California.
          
This case was brought as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this anti-violence 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.

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 District Attorney’s Office for the Second Judicial District of the State of New Mexico, and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Mark Anthony Harriman, 45, and Agustin Abascal, 27, both of Las Cruces, N.M., pleaded guilty earlier today to methamphetamine trafficking charges in the Las Cruces federal court, announced U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge, El Paso Division of the DEA, Bobby Holden, Special Agent in Charge of the Las Cruces/Doña Ana County Metro Narcotics Agency, and Chief Robert W. Shilling of the New Mexico State Police.

In mid-April 2013, Harriman and Abascal were arrested on a criminal complaint alleging that they conspired to distribute methamphetamine and did distribute methamphetamine in Doña Ana County, N.M., between Nov. 2012 and March 2013.  According to the criminal complaint, Harriman and Abascal sold quantities of methamphetamine to a New Mexico State Police officer who was working in an undercover capacity and an informant on several occasions during that period.

Today, Harriman entered a guilty plea to a felony information charging him with possessing methamphetamine with intent to distribute between Feb. 2013 through March 2013, and unlawfully possessing firearms and ammunition on March15, 2013.  Harriman was prohibited from possessing firearms and ammunition because he previously had been convicted of attempted assault in the first degree in Honolulu, Hawaii.  In his plea agreement, Harriman admitted that between Feb. 26, 2013 and March 14, 2013, he obtained methamphetamine from California and distributed it in Las Cruces.  Harriman further admitted that when he was arrested on state charges on March 15, 2013, he was traveling from California with approximately two ounces of methamphetamine.  

Under the terms of his plea agreement, Harriman will be sentenced to 20 years in federal prison.  Harriman also will be required to forfeit nine firearms, more than 1000 rounds of ammunition, a 2002 Mitsubishi Mirage and $13,940 in cash.

During today’s proceedings, Abascal entered a guilty plea to a felony information charging him with distribution of methamphetamine.  In his plea agreement, Abascal admitted selling methamphetamine on five occasions between Nov. 1, 2012 and March 7, 2013, to a person whom he later learned was an undercover officer.   At sentencing, Abascal faces a sentence of not less than ten years and not more than life in prison.

Both men have been in federal custody since their arrests and remain detained pending their sentencing hearings, which have yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA, the Las Cruces/Doña Ana County Metro Narcotics Agency, and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has returned a 38-count indictment charging Johannes Jarvis, 40, of Portland, Ore., and John Hope, 65, of Huntingdon Valley, Pa., with conspiracy, wire fraud and money laundering charges, announced U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.

The indictment charges Jarvis and Hope with a wire fraud conspiracy count, 21 counts of wire fraud and 16 counts of money laundering.  The indictment alleges that from late 2007 through April 2010, Jarvis and Hope conspired to defraud Kinesio USA LLC, a New Mexico Company that sells therapeutic elastic tape and related products, and its related company, Kinesio Holding Corporation (together, “Kinesio”), of approximately $4.3 million, at least $1.2 million of which Jarvis and Hope retained as profits.

At all times relevant to the indictment, Jarvis was the Director of Marketing for Kinesio and Hope owned a printing business that operated in China that had been hired to produce marketing materials for Kinesio.  According to the indictment, in late 2007 or early 2008, Kinesio directed Jarvis to locate a new manufacturer for its therapeutic elastic tape and Jarvis allegedly suggested searching for a manufacturer in China.  Thereafter, Jarvis allegedly reported that he had located a suitable manufacturer in China but that Kinesio would have to work through a broker to coordinate the business relationship.  In April 2008, Jarvis and Hope allegedly incorporated Grace International (HK) Limited (“Grace International”) in Hong Kong, of which they were the sole owners.  Thereafter, Jarvis allegedly represented to Kinesio that Grace International would broker the relationship between Kinesio and the tape manufacturer while concealing Jarvis’s and Hope’s ownership of and involvement in the company. 

The indictment alleges that relying on Jarvis’s misrepresentations, Kinesio entered into a contract with Grace International pursuant to which Kinesio paid Grace International more than $4.3 million for therapeutic elastic tape between July 2008 and Jan. 2010.  It further alleges that Jarvis and Hope defrauded Kinesio by having Grace International charge Kinesio a significant undisclosed markup above the manufacturer’s price for the tape, and that Jarvis and Hope shared the profits generated by the markup.

The indictment alleges that Jarvis and Hope facilitated 16 wire transfers of money, ranging from $23,490.00 to $657,120.00, from Kinesio to Grace International between July 2008 and Jan. 2010, in addition to other wire communications that were transited to perpetuate their unlawful scheme to defraud Kinesio.  It also charges Jarvis and Hope with laundering the proceeds of their unlawful scheme by depositing the money into various bank accounts.  The indictment also seeks forfeiture of assets which constitute or are derived from the unlawful scheme, including residences in Portland, Ore. and Huntingdon Valley, Pa., and a money judgment against Jarvis and Hope in the amount of $1,270,075.99.

If convicted, Jarvis and Hope each face a maximum possible penalty of 20 years in prison and a $250,000 fine on the wire fraud conspiracy and each of the 16 wire fraud charges.  Each also faces a maximum possible penalty of ten years in prison and a fine of either $250,000 or twice the amount involved for each of the 16 money laundering charges. 

Jarvis and Hope will be summoned to appear in federal court in Albuquerque to be arraigned on the indictment on Aug. 8, 2013.  Charges in indictments are merely accusations.  Defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Albuquerque office of the FBI and IRS Criminal Investigation in Albuquerque and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.

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ALBUQUERQUE –James Carney Ritterhoff, 40, of Albuquerque, N.M., was sentenced this morning to 90 months in prison followed by ten years of supervised release for his child pornography charges.  Ritterhoff will be required to register as a sex offender after he completes his prison sentence.  The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.

Ritterhoff is a former Aurora, Mo., police officer who was employed as an armed money courier in Albuquerque when he was arrested in June 2011, on a criminal complaint alleging child exploitation and pornography charges.  He has been in federal custody since his arrest.  In July 2011, Ritterhoff was charged in a seven-count indictment with one count of using the Internet to entice a minor to engage in sexual activity; two counts of soliciting child pornography; one count of sending apparent child pornography; two counts of receipt of child pornography; and one count of possession of child pornography. 
           
On Aug. 13, 2012, Ritterhoff entered guilty pleas to Counts 5 and 6 of the indictment charging him with receipt of child pornography, and admitted receiving two emails on June 6, 2011, which contained electronic images of child pornography.  As required by the plea agreement, the remaining counts of the indictment were dismissed after Ritterhoff was sentenced.

The case was investigated by HSI, the Bronx District Attorney’s NYPD Squad, and the New Mexico Attorney General’s Office (NMAGO) with assistance from the Las Cruces Police Department, and was prosecuted by Assistant U.S. Attorney Marisa Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.                                      

The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the 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 part of the New Mexico Internet Crimes Against Children Task Force whose mission it is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the 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.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict this afternoon against Clay O’Brien Mann, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., on involuntary manslaughter, assault and firearms charges after a five-day trial.   The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.

Mann was arrested in July 2010, on a criminal complaint alleging that he killed a Navajo man and assaulted another Navajo man and a Navajo woman with a dangerous weapon on the Navajo Indian Reservation, on July 24, 2010.  Mann subsequently was indicted and charged with first degree murder, two counts of assault with a dangerous weapon with intent to do bodily injury, two counts of assault resulting in serious bodily injury, and three counts of discharging a firearm in furtherance of an act of violence.  Proceedings in the case were delayed by competency proceedings.

Trial of the case began on July 8, 2013, and concluded earlier this afternoon when the jury returned a verdict finding Mann not guilty on the first degree murder charge but guilty on the lesser included charge of involuntary manslaughter.  The jury also found Mann guilty on two counts of assault resulting in serious bodily injury and two counts of discharging a firearm in furtherance of an act of violence.  It acquitted Mann on two counts of assault with a dangerous weapon with intent to do bodily injury and the third firearms charge.

The evidence at trial established that, at approximately 4:00 a.m. on July 24, 2010, an inebriated Mann drove his car to his neighbor’s property and launched an artillery shell into the neighbor’s property where the neighbor and his friends were socializing.  When Ames Joseph Jim and another man and a woman walked over to see what was going on, Mann fired a semi-automatic rifle at them, shooting Mr. Jim in the face and heart, the other man in the face and the woman in the neck.  Mr. Jim died as a result of his injuries and the other two victims sustained serious bodily injury.

Mann has been in federal custody since his arrest in July 2010, and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Mann faces a maximum eight years in prison on the involuntary manslaughter charge and a maximum ten years in prison on each of the two assault charges.  Mann also faces a mandatory 35 years in prison on the two firearms charges which must be served consecutive to any prison sentence imposed on the involuntary manslaughter and assault charges.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

ALBUQUERQUE – Antonio Gallegos, 48, of Albuquerque, N.M. was sentenced this afternoon to 188 months in federal prison followed by a lifetime of supervised release for his conviction for distribution and attempted distribution of child pornography.  Gallegos will be required to register as a sex offender after he completes his prison sentence.  Gallegos also was ordered to pay $500 in restitution to the victim whose image was at issue in his crime of conviction. 

Gallegos’ sentence was announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Chief Robert W. Shilling of the New Mexico State Police (NMSP).

Gallegos was arrested in April 2012, on a criminal complaint charging him with distribution, receipt and possession of child pornography, and has been in federal custody since that time.  In May 2012, Gallegos was indicted and charged with one count of distribution and attempted distribution of child pornography; three counts of receipt of child pornography; and one count of possession of child pornography.  In July 2012, Gallegos entered a guilty plea to Count 1 of the Indictment charging him with distribution and attempted distribution of child pornography.

In entering his guilty plea, Gallegos admitted that from Aug. 2011 through March 2012, he knowingly distributed and attempted to distribute child pornography through a peer-to-peer filing sharing program.  Gallegos acknowledged that investigators with the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a search warrant at his residence in March 2012, and seized computers and computer-related media containing child pornography.  The search warrant was based on a NMSP investigation that began in Sept. 2011, and monitored Internet Protocol (IP) addresses that appeared to be used to distribute, receive and possess child pornography.  IP addresses that were subscribed to Gallegos at his residence on the west side of Albuquerque were amongst the IP addresses identified by the investigation.
                                                                                   
Gallegos also acknowledged that a forensic examination of his computer and computer-related media revealed thousands of images and videos of child pornography.  The National Center for Missing and Exploited Children determined that the child pornography images and videos found on Gallegos’ computers and computer-related media include 20 images of 15 children who have been identified as child pornography victims and have been rescued.

The case against Gallegos was investigated by the FBI, the NMSP and the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees.  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 64 federal, state and local law enforcement agencies associated with the 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.

ALBUQUERQUE – Joe Herrera, Jr., 43, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., pleaded guilty this morning to unlawfully possessing a sawed-off shotgun that was not registered to him under a plea agreement with the U.S. Attorney’s Office.

Herrera was indicted in Feb. 2013, on the charge to which he pleaded guilty this morning.  According to the indictment, Herrera unlawfully possessed the unregistered sawed off shotgun on Aug. 16, 2011, in McKinley County, N.M.  Herrera admitted committing the offense when he entered his guilty plea this morning.

At sentencing, Herrera faces a maximum possible penalty of ten years in federal prison.  He remains on conditions of release under pretrial supervision pending his sentencing hearing, which has yet to be scheduled.

The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE – Chad F. Summers, 40, of Albuquerque, N.M., pleaded guilty this morning to receipt of a visual depiction of minors engaged in sexually explicit conduct.  Under the terms of his plea agreement, Summers will be sentenced to 15 years in federal prison followed by a lifetime of supervised release.  Summers also will be required to register as a sex offender.  The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, Chief Robert W. Shilling of the New Mexico State Police (NMSP), and Chief Ray Schultz of the Albuquerque Police Department (APD).

Summers was arrested on Feb. 12, 2013, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M., between Aug. 2012 and Feb. 2013.  The complaint also charged Summers with unlawfully possessing a firearm on Feb. 12, 2013.  At the time, Summers was prohibited from possessing firearms or ammunition because he previously had been convicted of child pornography offenses in an Oregon state court.  On March 5, 2013, Summers was indicted and charged with three counts of receipt of child pornography, one count of possession of child pornography, and being a felon in possession of a firearm.

During today’s hearing, Summers entered a guilty plea to Count 1 of the indictment, charging him with receipt of child pornography.  In his plea agreement, Summers acknowledged that HSI, NMSP and APD executed a search warrant at his residence on Feb. 12, 2013 and seized computers and computer-related media.  The search warrant was issued based on an undercover investigation by the NMSP that began in Oct. 2012, and targeted individuals who possessed, received and distributed child pornography.  The investigation revealed that an IP Address which was subscribed to Summers was being used to offer child pornography images and videos through a peer-to-peer file-sharing program.

Summers acknowledged voluntarily participating in a recorded interview on Feb. 12, 2013, during which he admitted downloading child pornography images of preteens.  He also admitted having a prior conviction for child pornography offenses from Oregon.  In his plea agreement, Summers acknowledged that a forensic examination of his computers and computer-media uncovered more than 1600 child pornography images and videos. 

 Summers faced the enhanced penalty of a mandatory minimum 15 year prison sentence because of his prior child pornography conviction.  Summers remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  Pursuant to his plea agreement, Summers will be required to forfeit his computers, computer-media and firearm.

This case was investigated by the Albuquerque office of HSI, NMSP and APD and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees.  Assistant U.S. Attorney Cynthia L. Weisman is handling the related forfeiture proceedings.

 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 64 federal, state and local law enforcement agencies associated with the 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.