District of New Mexico

ALBUQUERQUE – Brian Williams, 21, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Williams was arrested on Jan. 13, 2013, based on a criminal complaint charging him with assault with a dangerous weapon after he brandished a firearm at and threatened two car hops who were working at a Sonic Restaurant in Shiprock. 

During this morning’s proceedings, Williams admitted assaulting two women at the Sonic Restaurant in Shiprock on Jan. 12, 2013, by pointing a semi-automatic pistol at them and telling them to “watch out” because he would be back.  According to his plea agreement, Williams assaulted the victims because he was upset over his beverage order.

Williams has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Williams faces a maximum possible penalty of ten years in prison.

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback

ALBUQUERQUE – Preston Coriz, 32, a member of Kewa Pueblo, pleaded guilty this morning to an indictment charging him with aggravated sexual abuse of a child under the age of 12 year.  Under the terms of his plea agreement, Coriz will be will be sentenced to a federal prison term within the range of 15 to 18 years followed by a term of supervised release to be determined by the court.  Preston also will be required to register as a sex offender. 

Coriz’s guilty plea 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 DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Coriz was arrested in Nov. 2012, on an indictment charging him with sexually abusing a child in Nov. 2008, in Indian Country (Kewa Pueblo) within Sandoval County, N.M.  Today, Coriz entered a guilty plea to the indictment and admitted sexually assaulting a child under the age of 12 by touching the child’s genitals with his hand and finger.

This case was investigated by the Santa Fe office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.  It 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 – Anthony Wiggins, 54, and Alex Wiggins, 51, both of Farmington, N.M., were arraigned this morning on a four count indictment charging them with conspiracy and depredation of government property, announced U.S. Attorney Kenneth J. Gonzales, Bruce Bigelow, Assistant Special Agent in Charge of Region 5 of the Office of Law Enforcement Services of the Bureau of Land Management (BLM), and San Juan County Sheriff Ken Christesen.  The two men entered not guilty pleas to the indictment and were released pending trial.

The indictment charges Anthony Wiggins, the primary operator of A-1 Septic, a residential septic tank waste disposal company in Farmington, and his brother Alex Wiggins with conspiracy to depredate government property between Feb. 2013 and March 2013, in San Juan County, N.M., by dumping liquid waste pumped from residential septic tanks onto federal land administered by the BLM.  The indictment also charges the two men with three counts of depredation of government property for allegedly dumping residential septic tank waste onto federal lands on three separate occasions in March 2013.

Court filings reflect that the investigation of this case began in early March 2013, after a private citizen reported seeing a black sludge-like substance on a remote rural road in San Juan County to the San Juan County Sheriff’s Office (SJCSO).  After it was determined that the property at which the substance was dumped was federal land, the BLM partnered with the SJCSO to conduct the investigation.  During the course of the investigation, covert cameras photographed a septic vacuum pumper truck and the defendants as they allegedly dumped residential septic tank waste onto BLM administered federal lands on March 6 and 9, 2013.

“It is important that public lands, which are held in trust for the benefit of all citizens, are appropriately protected by our land management agencies,” said U.S. Attorney Kenneth J. Gonzales. “I commend the BLM and San Juan County Sheriff for their commitment to ensuring that those who unlawfully encroach on these lands and cause damage will be prosecuted.”

BLM Assistant Special Agent in Charge Bruce Bigelow said, “This investigation represents the strong partnership between the BLM and the San Juan County Sheriff’s Office and the dedication of both agencies towards the protection of New Mexico’s public lands.  The successes of this investigation would not have been possible without the diligence of the BLM Special Agents and Rangers and the assistance of the hard working men and women of the San Juan County Sheriff’s Office.”

“We are not going to tolerate people dumping raw sewage in San Juan County,” said Sheriff Ken Christesen

If convicted of the conspiracy charge, Anthony Wiggins and Alex Wiggins each face a maximum possible penalty of five years in prison and a $250,000 fine.  Each also faces a maximum possible sentence of ten years in prison and a $250,000 fine on each of the three depredation charges.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the BLM and the SCJSO and is being prosecuted by Assistant U.S. Attorney John C. Anderson.

• Indictment
  

ALBUQUERQUE – Bradley G. Christiansen, 47, of Albuquerque, N.M., pleaded guilty last week to criminal charges arising out of his role in a conspiracy to solicit and accept kickbacks in return for favorable treatment in awarding subcontracts relating to wartime rebuilding projects in Iraq and his efforts to evade federal taxes on the money and assets he received as kickbacks.

Christiansen’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Janice M. Flores, Special Agent in Charge of the Southwest Field Office of the Defense Criminal Investigative Service (DCIS), Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation, and Stuart W. Bowen, Jr., Special Inspector General for Iraq Reconstruction (SIGIR).

Christiansen, together with Neal Kasper, 63, and Tiffany White, 46, of Cibolo, Tex., all former officers of a New Mexico-based defense contractor, and four foreign nationals, was charged with conspiracy to defraud the United States of more than $5 million through wire fraud in a 91-count indictment filed in Feb. 2012. The indictment also charged the seven defendants with 74 substantive wire fraud offenses, and with offering and receiving illegal kickbacks. It also charged Christiansen, Kasper, White and Sara Christiansen, 48, with conspiracy to launder money and 11 substantive money laundering offenses, and Christiansen with three counts of tax evasion.

According to the indictment, during the Iraqi war and continuing through 2011, the United States funded numerous construction and rebuilding projects in Iraq and Jordan, including contracts administered by the United States Air Force Center for Engineering and the Environment (AFCEE). Laguna Construction Company, Inc. (LCC), a minority disadvantaged business wholly owned by the Pueblo of Laguna, successfully bid and was awarded multiple contracts, including AFCEE contracts, for wartime reconstruction and rebuilding projects in Iraq and Jordan. From 2003 through 2009, LCC administered more than $350 million of Iraqi and Jordanian reconstruction contracts.

LCC was required to award subcontracts to foreign companies by generating requests for proposals and soliciting independent subcontract bids from qualified foreign companies. All subcontract bids were required to be independently prepared by the subcontractors without collusion from LCC, and LCC was required objectively to evaluate the bids and to award the subcontracts to the lowest qualified bidders. LCC and its personnel were prohibited from accepting anything of value, whether gifts, bribes or kickbacks, from the bidders. According to the indictment, from Jan. 2004 through Feb. 2009, Kasper, Christiansen and White, who were officers and employees of LCC but not members of the Pueblo of Laguna, conspired with the four foreign nationals to defraud the United States of more than $5 million. They also allegedly conspired to launder the illegal kickbacks they received from the foreign nationals to conceal the unlawful nature of the proceeds.

During his plea hearing on July 2, 2013, Christiansen entered a guilty plea to a felony information charging him with conspiracy to provide, solicit and accept kickbacks. He also pleaded guilty to Counts 76 and 91 of the indictment, charging him with solicitation and receipt of kickbacks and tax evasion, respectively.

In his plea agreement, Christiansen acknowledged that AFCEE awarded two prime contracts to LCC relating to United States’ reconstruction efforts in Iraq, which required LCC to serve as a prime contractor and provide construction management services in response to task orders from AFCEE. From 2003 through 2009, LCC received and administered approximately $397 million through the two contracts which contemplated that LCC would award work to subcontractors to complete reconstruction projects. Christiansen was hired as a LCC division manager in 2002 by Kasper, who was then president of LCC, and becoming LCC’s operations manager and vice president of operations in 2005. In that capacity, he oversaw all LCC Iraq reconstruction projects under the supervision of Kasper, who was in charge of all of LCC’s construction operations, including those involving wartime reconstruction efforts in Iraq and Jordan.

According to the plea agreement, beginning in Dec. 2004, Christiansen, Kasper, White and others sought and obtained payments for task orders under the prime contracts under false pretenses by repeatedly certified that all subcontracts were awarded pursuant to competitive bidding procedures when in fact they were accepting kickbacks from subcontractors in return for awarding subcontracts to them. Specifically, Christiansen admitted that, from Dec. 2004 through Feb. 2009, Kasper, White, he and others conspired with the four foreign nationals to defraud the United States by soliciting and accepting kickbacks from the foreign nationals in return for awarding them subcontracts. Christiansen admitted accepting numerous kickbacks from the foreign nationals, and asserted that he had personal knowledge of Kasper accepting numerous kickbacks from the foreign nationals and directing them to send money to White.

Christiansen admitted receiving his first kickback in Dec. 2004, through Kasper, who had received a $20,000 kickback and shared half with Christiansen. According to Christiansen, from Jan. 2005 through Feb. 2009, Kasper and he received numerous kickbacks from the foreign nationals, which they split 50/50. In addition to approximately $360,000 in monetary kickbacks, Christiansen also admitting to receiving a 2006 Porsche Cayman valued at $65,163, a Ford GT350 Shelby valued at $290,000, several watches valued at an aggregate of $103,800 as kickbacks from the foreign nationals.

Christiansen also admitted that he willfully failed to declare the kickback payments and assets he received from the foreign nationals as personal income when filing his federal income tax returns in 2006, 2007 and 2008. As a result, Christiansen evaded approximately $389,413 in federal taxes.

At sentencing, Christiansen faces a maximum penalty of ten years in prison. The plea agreement also requires Christiansen to pay full restitution to the victims of his criminal conduct, including $389,413 in restitution to the IRS. The plea agreement also requires that Christiansen agree to the imposition of a money judgment against him in the amount of $1,687,310.84 and that he forfeit all assets derived from his criminal conduct, including his residence which was substantially remodeled with kickbacks from the foreign nationals. As required by the plea agreement, the United States has filed a motion to dismiss all charges against Sara Christiansen.

“While our brave men and women in uniform viewed the Iraq War as an opportunity to serve their country and make sacrifices for it, Bradley Christiansen saw it as an opportunity to enrich himself at the expense of the American taxpayers,” said U.S. Attorney Kenneth J. Gonzales. “However, the Pueblo of Laguna and its people also were harmed by Mr. Christiansen’s crimes and the crimes allegedly committed by his codefendants. As a result of their criminal activities, the Laguna Construction Company, a company that was once one of the largest U.S. contractors in Iraq and Jordan, has been dissolved and has ceased doing business. While this prosecution cannot restore what the Pueblo of Laguna has lost, I hope the community can take comfort in knowing that there is a dedicated team of agents, investigators and prosecutors who will make sure that those responsible are prosecuted to the fullest extent of the law. I also want to thank Governor Richard Luarkie and the Pueblo of Laguna for their cooperation during the investigation of this case.”

“The guilty plea in this matter demonstrates the Federal Government’s continuing resolve to ensure those who violate the law are brought to justice and held accountable for their actions and is an excellent example of cooperation amongst numerous law enforcement agencies, to include the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, and the Special Inspector General for Iraq Reconstruction (SIGIR),” said Janice M. Flores, Special Agent in Charge of the DCIS Southwest Field Office.

“Companies and individuals who do business with the federal government are held to high standards of responsibility and accountability. When they choose to enrich themselves at the public's expense, these entities can expect the FBI will come knocking on their door,” said Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI. “I would like to thank the FBI Special Agents, Professional Support Staff, U.S. Attorney's Office and our law enforcement partners whose hard work made today's plea and plea agreement possible. The FBI will continue to work closely with our partners to protect taxpayers by vigorously investigating companies and individuals who commit fraud both domestically and overseas.”

“Mr. Christiansen has taken responsibility for his role in this complex fraud scheme involving kickbacks and other illegal activity,” said Dawn Mertz , Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. “He defrauded the taxpayers of the United States by diverting government funds for his own benefit and also failed to report this income on his own tax returns.”

Special Inspector General for Iraq Reconstruction Stuart W. Bowen Jr. said, “Bradley G. Christiansen’s defrauding of the American taxpayer through contract kickbacks and other illegal practices is made even more egregious by his use of a disadvantaged minority business to gain Iraq reconstruction contracts.” IG Bowen praised the team effort put forth not only by SIGIR, but also, the FBI, the DCIS and IRS Criminal Investigation.

Kasper and White have entered not guilty pleas to the indictment and are currently scheduled for trial on Oct. 7, 2013. The four foreign nationals, Ramzi Snobar and Yacoub Snobar, citizens of Jordan, Mustapha Ahmad, a duel citizen of Lebanon and Great Britain, and Ali Al Aridhi, a citizen of Iraq, have not been arrested and are considered fugitives. The charges in the indictment against these six defendants are merely allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

This case is being prosecuted by Assistant U.S. Attorneys Mary L. Higgins, George C. Kraehe and Shana B. Long, and was investigated by the DCIS, the Albuquerque Division of the FBI, IRS Criminal Investigation, SIGIR and the Defense Contract Audit Agency. Assistant U.S. Attorney Stephen R. Kotz is handling the related forfeiture proceedings.

ALBUQUERQUE – Derek M. Schwartzrock, 34, 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, Schwartzrock will be sentenced to 97 months in federal prison followed by a term of supervised release to be determined by the court.  Schwartzrock 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).

In announcing Schwartzrock’s guilty plea, U.S. Attorney Gonzales said, “Protecting our children from the permanent scars left behind when this type of exploitation occurs is critically important work.  We have developed the expertise to responsibly gather the necessary evidence to charge these cases and, as demonstrated by today’s guilty plea, convictions on these charges carry serious penalties under federal law that should send a strong message of deterrence.”

“This case is particularly disturbing since Mr. Schwartzrock worked closely with children,” said HSI Special Agent in Charge Ulrich, who oversees HSI operations in New Mexico.  “However it serves as a warning to other child predators that HSI and its law enforcement partners aggressively investigate this type of depraved activity, punishable by harsh penalties.”

“The partnership and teamwork the State has with our federal partners cannot be understated in bringing child predators to justice,” said NMSP Chief Shilling.  “The exploitation of children on the Internet has no geographical or jurisdictional boundaries and requires that we share information, partner and work as a team when protecting our children.”

Schwartzrock was arrested by HSI and the NMSP on April 3, 2013, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M.  At the time, Schwartzrock was a children’s minister in an Albuquerque-area church.  He has been in federal custody since his arrest.  On April 24, 2013, Schwartzrock was indicted and charged with three counts of receipt of child pornography and two counts of possession of child pornography.

During today’s hearing, Schwartzrock entered a guilty plea to Count 2 of the indictment, charging him with receipt of child pornography.  In his plea agreement, Schwartzrock acknowledged that HSI and NMSP executed a search warrant at his residence on April 3, 2013 and seized computers and computer-related media.  The search warrant was issued based on an undercover investigation by HSI in Philadelphia that began in Oct. 2012, and targeted individuals who used a photo-sharing website to possess, receive and distribute child pornography.  HSI in Albuquerque began investigating Schwartzrock in mid-March 2013 after HSI in Philadelphia determined that an individual in Albuquerque was accessing the targeted website and learned that Schwartzrock was the subscriber for the IP Address that allegedly was used to download sexually explicit images of children.

Schwartzrock admitted voluntarily participating in a recorded interview on April 3, 2013.  During the interview, he admitted that he began looking for images of naked boys, with a preference for elementary school aged children, several months earlier and that he downloaded child pornography images from the Internet.  Schwartzrock also acknowledged that a forensic preview of his computers and computer-related media have uncovered over 12,000 images consistent with child pornography and child erotica.  The plea agreement also states that an extensive computer forensic examination of Schwartzrock’s computers and computer-related media is ongoing.

Schwartzrock remains in federal custody pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of HSI, the NMSP and the New Mexico Regional Forensic Lab, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees.  It 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 Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 – James Olsson, 60, of Albuquerque, N.M., was arraigned this morning on a two-count indictment charging him with possession of visual depictions of minors engaged in sexually explicit conduct.  Olsson entered a not guilty plea and was ordered detained pending trial.

The indictment charges Olsson with possessing child pornography on April 11, 2013, in Bernalillo County, N.M.  According to court filings, on that day, a state probation officer learned that Olsson possessed child pornography during a routine field visit with Olsson at his residence.  Olsson was arrested on state charges and has been in state custody until he was transferred to federal custody on June 26, 2013, to face the charges in the indictment.

If convicted, Olsson faces a maximum prison sentence of not less than ten years and not more than 20 years on each of the two possession of child pornography charges.  Olsson faces this enhanced sentence because he previously has been convicted of a child pornography offense.  The indictment against Olsson is merely an accusation and he is presumed innocent unless found guilty beyond a reasonable doubt. 

This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico Corrections Department Probation and Parole.  The case 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 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 – Adaucto Chavez-Meza, 20, was sentenced this morning to 135 months in federal prison for his methamphetamine trafficking conviction.  One of his co-defendant, Jesus Omar Lopez-Valle, 28, was sentenced on June 24, 2013 to 210 months in federal prison for his methamphetamine trafficking and firearms conviction.  Both men are Mexican nationals and will be deported after completing their prison sentences.

Chavez-Meza, Jesus Lopez-Valle and co-defendant Hector Manuel Lopez-Valle, 24, also a Mexican national, 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.
 
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.

Hector Lopez-Valle remains in federal custody pending his sentencing hearing, which is scheduled for July 22, 2103.  At sentencing, he faces a mandatory minimum ten years in prison and a maximum of life in prison, and will be deported after completing his prison sentence.

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.

Prosecution Brought as Part of a Federal Initiative to
Address the Epidemic Incidence of Violence against Native Women

            ALBUQUERQUE – Everett D. Williams, 24, an enrolled member of the Navajo Nation who resides in Nambe Pueblo, N.M., pleaded guilty this morning to federal assault and child abuse charges.  Williams’ guilty plea 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.

Williams was arrested in March 2013, based on a criminal complaint charging him with assaulting his intimate partner with a hammer and causing her to sustain serious bodily injury.  In April 2013, Williams was indicted and charged with one count of assault resulting in serious bodily injury, one count assault with a deadly weapon, and two counts of child abuse.  According to court filings, Williams assaulted the victim, a Kewa Pueblo woman, and endangered the health of two toddlers on Feb. 23, 2013, in a residence located on Nambe Pueblo.

During today’s plea hearing, Williams entered a guilty plea to all four counts of the indictment and admitted to striking the victim in the head with a hammer and causing her serious bodily injury.  The criminal complaint reflects that the victim required surgery to treat a gaping wound on her forehead.  Williams also admitted that, while swinging the hammer at the victim, he missed the victim and instead struck a three-year-old child in the back.  He further admitted that, while attempting to hit the victim with his fist, he struck a two-year-old child above the eye.

Williams has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Williams faces a maximum possible penalty of ten years in prison for each of the two assault charges and three years in prison for each of the child abuse charges.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Special Assistant U.S. Attorney David M. Adams.   The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Jennifer Janice Morgan, 21, an enrolled member of the Navajo Nation who resides in Ganado, Ariz., N.M., pleaded guilty this morning to harboring and concealing a person for the purpose of preventing his arrest on an arrest warrant.  Morgan, who has been in federal custody since her arrest on May 30, 2013, was sentenced to a year in prison, which was suspended, and a year of probation.

According to the criminal complaint, on May 21, 2013, Morgan evaded deputies of the McKinley County Sheriff’s Department as she drove from New Mexico towards Window Rock, Ariz., with a passenger who had an outstanding federal arrest warrant from the District of Arizona for violating the terms of his supervised release.  As Morgan drove past the New Mexico-Arizona state line, officers of the Navajo Nation Division of Public Safety, who had activated their vehicles’ sirens and emergency lights, took up the pursuit as Morgan continued to drive through Window Rock and towards Fort Defiance, Ariz. 

The officers finally were able to stop Morgan’s vehicle in Navajo, N.M.  When the officers took Morgan into tribal custody, she admitted that she and her passenger were fleeing from the officers because her passenger was the subject of an outstanding arrest warrant.  Morgan remained in tribal custody until her arrest on federal charges on May 30, 2013.

During today’s proceedings, Morgan entered a guilty plea to a misdemeanor information charging her with harboring and concealing a person from arrest.

This case was investigated by the Window Rock office of the Navajo Nation Department of Public Safety and the McKinley County Sheriff’s Department and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

tALBUQUERQUE – Lee Baca, 22, a U.S. Marine Reservist who resides in Albuquerque, N.M., was arraigned this morning on a five count indictment charging him with child pornography offenses.  Baca entered a not guilty plea to the indictment and was ordered detained pending trial, which has yet to be scheduled.

On June 26, 2013, a federal grand jury returned a sealed indictment charging Baca with three counts of receipt of visual depictions of minors engaged in sexually explicit conduct and two counts of possession of visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Baca received child pornography between Dec. 2012 and Feb. 2013, and possessed child pornography in March 2013.  The offenses allegedly occurred in Bernalillo County, N.M.  The indictment was unsealed after Baca was arrested on June 29, 2013 by Homeland Security Investigations (HSI) agents. 

If convicted, Baca faces a maximum prison sentence of not less than five years and not more than 20 years on each of the receipt of child pornography charges, and a maximum penalty of 20 years in prison on each of the possession of child pornography charges.  The indictment against Baca is merely an accusation and he is presumed innocent unless found guilty beyond a reasonable doubt. 

This case was investigated by the Sexual Predator and Exploitation Enforcement (SPEED) Task Force, which is comprised of HSI, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office, and the New Mexico Attorney General’s Office.  The case 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 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 – Reehahlio Carroll, 21, an enrolled member of the Navajo Nation from Navajo, N.M., was sentenced this afternoon to 40 years in federal prison followed by five years of supervised release for his second degree murder conviction.  Carroll also was ordered to pay $8,992.25 in restitution.  Carroll’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.
 
Carroll was arrested in Nov. 2009, based on federal charges arising out of the murder of Sister Marguerite Bartz of the Order of the Sisters of the Blessed Sacrament, which is part of the Diocese of Gallup, N.M.  The murder occurred on Nov. 1, 2009, during the burglary of Sister Bartz’s home on the Saint Berard Mission which is located on the Navajo Indian Reservation.  Proceedings in the case were delayed by protracted competency proceedings resulting in a judicial finding that Carroll was competent to stand trial.

Sister Bartz’s body was discovered in a pool of blood in the bedroom of her ransacked home, a double-wide trailer located next to the church, on the evening of Nov. 1, 2009, by a nun who was concerned about Sister Bartz’s failure to show up for mass in the Diocese’s church in Sawmill, Ariz.  On April 5, 2013, Carroll pled guilty to a felony information charging him with the second degree murder of Sister Bartz.  During his plea hearing, Carroll admitted that he killed Sister Bartz at approximately midnight on Nov. 1, 2009, after he broke into a trailer home on the grounds of the Catholic Church in Navajo for the purpose of stealing cash or items that he could readily sell for cash. 

According to court records, after Carroll broke a window to gain access to Sister Bartz’s trailer, he rummaged through drawers and cabinets searching for cash and items of value that he could sell for cash or trade for drugs or alcohol.  Carroll found a flashlight in a room that he used for illumination as he continued searching for items to steal.  When Carroll encountered Sister Bartz in one of the bedrooms and she attempted to defend herself by hitting him with a slipper, he brutally murdered her by beating her repeatedly with a flashlight and then, in an attempt to silence her, strangling her with a t-shirt.  The pathologist who performed the autopsy concluded that the cause of death was multiple blunt force head trauma and ligature strangulation.

Carroll was arrested on tribal charges on Nov. 5, 2009, after law enforcement officers learned that he had been observed driving a car that was reported stolen from the Mission’s grounds.  Following his arrest, Carroll provided a detailed confession in which he admitted murdering Sister Bartz while burglarizing her home.  Carroll remained in tribal custody until he was arrested on federal charges on Nov. 10, 2009.

This case was investigated by the Gallup office of the FBI and the Window Rock Police District of the Navajo Nation Division of Public Safety, with assistance from the New Mexico State Police.  It was prosecuted by Assistant U.S. Attorneys Presiliano A. Torrez and Paul H. Spiers.

ALBUQUERQUE – During a press conference this afternoon, federal, state and local officials announced the results of the multi-agency enforcement operation in New Mexico which was part of yesterday’s DEA-led enforcement operations in 35 states targeting the upper echelon of dangerous designer synthetic drug trafficking organizations that have operated without regard for the law or public safety. 

“Project Synergy” which was coordinated by DEA’s Special Operations Division, began in Dec. 2012.  Leading up to yesterday’s nationwide takedown, Project Synergy included 75 arrests, the seizure of nearly $15 million in cash and assets, and the seizure of more than 1550 kilograms of synthetic drugs at express consignment facilities.  According to DEA, during yesterday’s nationwide takedown, law enforcement executed more than 150 arrest warrants and 375 search warrants in 35 states, 49 cities and five countries.

New Mexico played a significant role in Project Synergy that involved a multi-agency investigation by the Albuquerque office of the DEA, the Albuquerque Police Department, the McKinley County Sheriff’s Office, the Grants Police Department and the Region II Narcotics Task Force that began in Nov. 2012.  The investigation, which was code-named “Operation Old Spice, New Money,” initially targeted synthetic cannabinoid (“Spice”) distribution in Cibola, McKinley and San Juan Counties and expanded to Bernalillo County.  During yesterday’s enforcement operation, officers arrested four individuals on federal charges and executed 28 federal search warrants and 22 seizure warrants resulting in the seizure of more than 100,000 retail sale packets of Spice and 15 pounds of bulk Spice, more than $1.2 million from bank accounts, more than $135,000 in cash, 18 vehicles and 13 firearms.

The results of the investigation were announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge of the El Paso Division of the Drug Enforcement Administration (DEA), U.S. Marshal Conrad E. Candelaria, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Field Division of the FBI, Chief Kyle Westall of the Farmington Police Department, Bernalillo County Sheriff Dan Houston, McKinley County Sheriff Felix T. Begay, San Juan County Sheriff Ken Christesen, and Fire Marshal Victor Padilla of the Albuquerque Fire Department.

In announcing New Mexico’s role in yesterday’s nationwide takedown, U.S. Attorney Gonzales said, “Synthetic cannabinoid products, commonly known as Spice, or packaged as purported incense or potpourri, are the latest dangerous designer drugs to reach our neighborhoods.  These products have proven to be a public health hazard with serious and sometimes deadly consequences.  It is imperative that everyone, especially unwary young people, realize that Spice is not for sport, and we will prosecute those who know the dangers but push it for profit behind a facade of a legitimate business.  I thank DEA and its federal, state and local partners here in New Mexico for working very hard not just to eradicate these dangerous drugs from our community but also for their efforts to educate the public about the dangers they present, particularly for our young people.”

“The abuse of dangerous synthetic drugs has become a nationwide concern.  DEA, in collaboration with our law enforcement partners, will continue to identify, investigate, arrest, and seize the illicit assets of those who manufacture and deal in these substances,” said DEA Special Agent in Charge Joseph M. Arabit.  “Individuals, retailers and organizations that continue to circumvent the law and engage in the trafficking of these dangerous drugs should be on notice that law enforcement agencies will utilize all available resources to hold them accountable for their actions.”

The individuals arrested yesterday are:  Khaled Assi, 39, of Gallup, N.M.; Mohammed Kayed Assi, 26, of Farmington, N.M.; Nael Assi, 41, of Gallup, N.M.; and Amro Assi, 33, of Grants, N.M.  Mohammed Assi is a United States citizen.  Khaled Assi is a Jordanian national pending an immigration review to continue to reside legally in the United States; and Nael and Amro Assi are Jordanian nationals who are legal permanent residents of the United States.  All four defendants made their initial appearances in federal court this morning and are temporarily detained pending detention hearings scheduled for tomorrow.

Khaled Assi, Mohammed Assi and Nael Assi are charged with conspiracy to distribute a controlled substance analogue in an indictment filed on June 25, 2013.  According to the indictment, these three defendants conspired to distribute Spice in San Juan and McKinley Counties from Jan. 2012 through April 2013.  The indictment also charges Khaled Assi with distributing Spice on Feb. 14, 2012 in San Juan County. Amro Assi is charged with conspiracy and distribution of a controlled substance analogue in a criminal complaint filed on June 26, 2013.  If convicted, each defendant faces a maximum penalty of 20 years in prison and Khaled Assi, Nael and Amro Assi will be deported after serving their prison sentences.

During yesterday’s enforcement operation, 15 search warrants were executed at the following businesses:  ABQ Shop, From Rags 2 Riches II, WARZONE aka Rags 2 Riches III, The Moon Smoke Shop, Pyros Smoke Shop and Pyros Smoke Shop 2 in Albuquerque, N.M.; VIP Smoke Shop and Rollet Smoke Shop in Kirtland, N.M.; Rollet Smoke Shop #1 in Aztec, N.M.; Cohiba Cigar Shop and Up N Smoke in Farmington; Fu King Smoke Shop #1, Fu King Smoke Shop #2, Fu King Smoke Shop #3, and Fu King Smoke Shop #4 in Gallup, N.M.; Santa Fe Smoke Shop in Grants, N.M., and Lava Lounge in Las Cruces, N.M.  Search warrants also were executed at six residences in Albuquerque, three residences in Gallup, two residences in Farmington and one residence in Grants.  Seizure warrants were executed on 21 checking accounts and one savings account.

“The joint federal and state multi-agency investigation that culminated in today’s charges demonstrates the seriousness and scope of the problem and the strength of our resolve to eradicate the threat posed by these synthetic drugs, said U.S. Marshal Conrad E. Candelaria.  “Synthetic marijuana, its producers, distributors and sellers have been added to our list of targets on our continuing war on drugs and the U.S. Marshals Service is proud to support that effort.”

FBI Special Agent in Charge Lee said, “Many communities in New Mexico are safer today because of the close collaboration and teamwork demonstrated by the federal, state and local law enforcement agencies involved in this operation.  I would like to congratulate the DEA for their leadership and also thank the FBI Special Agents and Professional Support staff from the Gallup and Farmington Resident Agencies who helped make this operation a success.”

Farmington Police Chief Kyle Westall added, “The regional distribution of synthetic cannabinoids has seen an exponential increase in our community in the past few years. Without the help of the DEA it would have been impossible for us to inhibit the flow of these dangerous drugs.”

“Synthetic drugs have been an increasing problem within McKinley County for some time now,” said McKinley County Sheriff Felix T. Begay.  “We have been receiving countless complaints from both citizens and the business community within McKinley County concerning the sales and the use and abuse of spice.  We are proud to have been involved in this operation and we applaud the Drug Enforcement Administration for their outstanding dedication to our community.”

Bernalillo County Sheriff Dan Houston said, “We at the Bernalillo County Sheriff’s Office very much value our partnerships with our local federal agencies.  In fighting crime, we know without a doubt that the more we work together, the harder it is for criminals to operate. We are proud to have been a part of this significant endeavor.”

The cases resulting out of “Operation Old Spice, New Money” are being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado and related forfeiture proceedings are being handled by Assistant U.S. Attorneys Stephen R. Kotz and Cynthia L. Weisman.  The cases were investigated by the Albuquerque Office of the DEA, the Albuquerque Police Department, the McKinley County Sheriff’s Office, the Grants Police Department, and the Region II Narcotics Task Force.  The following agencies participated in yesterday’s enforcement operation:  the Albuquerque, Farmington and Gallup offices of the FBI, the U.S. Marshals Service, the U.S. Fish & Wildlife Service, the U.S. Border Patrol, the New Mexico State Police, the Bernalillo County Sheriff’s Office, Albuquerque Fire Department, the Corrales Police Department, the Farmington Police Department, the Gallup Police Department, the San Juan County Sheriff’s Office, and the Region I Narcotics Task Force.

“Operation Old Spice, New Money” 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.  The investigation is continuing.

Background on Designer Synthetic Drugs

Designer synthetic drugs are often marketed as herbal incense, potpourri, bath salts, jewelry cleaner, or plant food, and have caused significant abuse, addiction, overdoses, and emergency room visits. Those who have abused synthetic drugs have suffered vomiting, anxiety, agitation, irritability, seizures, hallucinations, tachycardia, elevated blood pressure, and loss of consciousness. They have caused significant organ damage as well as overdose deaths.

Smokable herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular, particularly among teens and young adults, because they are easily available and, in many cases, they are more potent and dangerous than marijuana.  These products consist of plant material that has been impregnated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. Synthetic cannabinoids are sold at a variety of retail outlets, in head shops and over the Internet.   Brands such as “Spice,” “K2,” “Blaze,” and “Red X Dawn” are labeled as incense to mask their intended purpose. In 2012, a report by the Substance Abuse and Mental Health Services Administration (SAMHSA) reported 11,406 emergency department visits involving a synthetic cannabinoid product during 2010. In a 2013 report, SAMHSA reported the number of emergency department visits in 2011 involving a synthetic cannabinoid product had increased 2.5 times to 28,531. The American Association of Poison Control Centers reported 5,205 calls related to human exposure of synthetic cannabinoids.

For the past several years, there has also been a growing use of, and interest in, synthetic cathinones (stimulants/hallucinogens) sold under the guise of “bath salts” or “plant food.” Marketed under names such as “Ivory Wave,” “Purple Wave,” “Vanilla Sky,” or “Bliss,” these products are comprised of a class of dangerous substances perceived to mimic cocaine, LSD, MDMA, and/or methamphetamine. Users have reported impaired perception, reduced motor control, disorientation, extreme paranoia, and violent episodes. The long-term physical and psychological effects of use are unknown but potentially severe. The American Association of Poison Control Centers reported 2,656 calls related to synthetic cathinone (“bath salts”) exposures in 2012 and overdose deaths have been reported as well.

These products have become increasingly popular, particularly among teens and young adults and those who mistakenly believe they can bypass the drug testing protocols of employers and government agencies to protect public safety.  They are sold at a variety of retail outlets, in head shops, and over the Internet. However, they have not been approved by the Food and Drug Administration (FDA) for human consumption or for medical use, and there is no oversight of the manufacturing process.

Controlled Substance Analogue Enforcement Act

While many of the designer drugs being marketed today that were seized as part of Project Synergy are not specifically prohibited in the Controlled Substances Act (CSA), the Controlled Substance Analogue Enforcement Act of 1986 (AEA) allows many of these drugs to be treated as controlled substances if they are proven to be chemically and/or pharmacologically similar to a Schedule I or Schedule II controlled substance.  A number of cases that are part of Project Synergy will be prosecuted federally under this analogue provision, which is being utilized to combat these new and emerging designer drugs.

DEA has used its emergency scheduling authority to combat both synthetic cathinones (the so-called “bath salts” with names like Ivory Wave, etc.) and synthetic cannabinoids (the so-called incense products like K2, Spice, etc.), temporarily placing several of these dangerous chemicals into Schedule I of the CSA. Congress has also acted, permanently placing 26 substances into Schedule I of the CSA in 2012.

For more information about this operation and synthetic designer drugs, visit www.dea.gov<http://www.dea.gov>.

• Criminal Complaint

• Indictment

ALBUQUERQUE – Federal, state and local officials will hold a press conference on THURSDAY, JUNE 27, 2013 at 2:00 P.M. to discuss the role of New Mexico law enforcement community in yesterday’s nationwide synthetic drug takedown.

WHO: U.S. Attorney Kenneth J. Gonzales   Joseph M. Arabit, Special Agent in Charge, El Paso Division of the DEA   Other Federal, State and Local Law Enforcement Officials

WHAT:  Press conference to discuss role of New Mexico law enforcement community in   yesterday’s nationwide synthetic drug takedown.

WHEN:   THURSDAY, JUNE 27, 2013   2:00 P.M.

WHERE:   U.S. Attorney’s Office   10th Floor Multi-Media Room (Reception on 9th Floor)    201 Third Street NW   Albuquerque, NM 87102    OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Media may begin to arrive at 1:45 p.m. Press inquiries regarding logistics should be directed to Jessica Masoner at (505) 224-1448 or (505) 366-1463.

ALBUQUERQUE –Terrence Joseph Kie, 34, a member and resident of the Acoma Pueblo, N.M., was sentenced yesterday to 41 months in federal prison to be followed by seven years of supervised release for his child sexual abuse conviction.  Kie also will be required to register as a sex offender when he completes his prison sentence. 

Kie’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of the BIA’s Office of Justice Services, and Chief Vincent Mariano of the Acoma Tribal Police Department.

Kie was charged with the child sex abuse in an indictment that was filed In Sept. 2012.  He was arrested on Sept. 13, 2012, and has been in federal custody since that time.   On Dec. 17, 2012, Kie pleaded guilty to abusive sexual contact with a child under the age of 12 and admitted that on Aug. 9, 2011, he had unlawful sexual contact with a nine-year-old child by placing his hand on the child’s clothed genitalia and touching the child’s clothed genitalia.  Kie admitted that this unlawful conduct occurred on Acoma Pueblo. 

The case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Acoma Police Department, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Eddie Shirley, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to using and brandishing a firearm in relation to a crime of violence on the Navajo Indian Reservation.  Under the terms of his plea agreement, Shirley will be sentenced to not less than seven years in federal prison.

Shirley was arrested in Dec. 2012, on a criminal complaint charging him and co-defendant, Jerrileta Singer, 32, with the armed robbery of a Sonic Drive-In Restaurant in Shiprock on Nov. 30, 2012.  Singer subsequently was arrested in Jan. 2013.  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, Shirley entered a guilty plea to Count 2 of the indictment and admitted using a firearm to rob the Sonic Drive-In in Shiprock on Nov. 30, 2012.  Shirley acknowledged that a female participated in the robbery and that together they used force, intimidation and violence to take money from the restaurant’s employees. 

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

Singer has entered a not guilty plea to the indictment and is scheduled for trial on July 1, 2013.  The charges in the indictment against Singer are merely accusations and she is presumed innocent unless proven guilty beyond a reasonable doubt.

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 – Xavier Barela, 36, of Roswell, N.M., was sentenced today in Las Cruces Federal Court to 51 months in prison to be followed by three years of supervised release for being a felon in possession of a firearm.

Barela was arrested in May 2012, based on a criminal complaint charging him with being a felon in possession of a firearm and subsequently was indicted on that same charge.  The indictment charged Barela with unlawfully possessing a firearm in Chaves County, N.M., on April 21, 2012.  At the time, Barela was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses, including receiving and transferring a stolen motor vehicle, possession of a controlled substance, unlawful taking of a motor vehicle and the fraudulent use of a credit card, in the 5th Judicial District Court for the State of New Mexico.

Barela entered a conditional guilty plea to the indictment in Nov. 6, 2012, reserving the right to appellate review of the court’s denial of his motion to suppress evidence. 

            This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Roger L. Baeza, 31, of Jal, N.M., pleaded guilty this morning to 78 counts of securities fraud, one count of access device fraud and one count of aggravated identity theft, announced 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. 

Baeza was charged with fraud and identity fraud offenses in an 81-count indictment filed in Oct. 2012.  The indictment alleged that Baeza defrauded two Jal-based businesses, Lea Energy Services, LLC, and Fulfer Oil & Cattle Company, LCC, of more than $500,000 between June 2010 and Feb. 2012, while he was employed as the in-house accountant by the owners of the two businesses.  Today, Baeza pled guilty to all but one count of the indictment, an aggravated identity theft charge.

In his plea agreement, Baeza admitted from June 4, 2010 to Feb. 27, 2012, he embezzled approximately $311,960.08 from his employers’ companies by issuing checks on company accounts for cash or for goods and services for his personal use.  Baeza also admitted that he covered up his fraudulent conduct by modifying the companies’ accounting records to indicate that the checks had been issued for legitimate purposes. 

Baeza also admitted that from June 4, 2010 to Feb. 27, 2012, he used a company credit card issued in the names of his employers to receive payments and items of value in the aggregate amount of $189,267.02.  Finally, Baeza admitted using his employer’s name and identity in Feb. 2011, to issue and sign a check on a company account in the amount of $5000.00 and using the money for his personal use.

At sentencing, Baeza faces a maximum penalty of ten years in prison on each of the 78 securities fraud and access device fraud charges.  On the aggravated identity fraud charge, Baeza faces a penalty of two years in prison to be served consecutive to any sentence imposed on the fraud charges.  Under the terms of his plea agreement, Baeza will be ordered to pay $501,927.10 in restitution to the victims of his criminal conduct.  Baeza is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Roswell office of the FBI and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Jesus Omar Lopez-Valle, 28, a Mexican national from Culiacan, Sinaloa, Mexico, was sentenced this morning to 210 months in federal prison, announced U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the FBI’s Albuquerque Division.  Lopez-Valle will be deported after he completes his prison sentence.

Jesus Lopez-Valle, his brother Hector Manuel Lopez-Valle, 24, a Mexican national also from Culiacan, Sinaloa, Mexico, and Adaucto Chavez-Meza, 20, a legal permanent resident from Chihuahua, Mexico, were arrested on criminal complaints in March 2012, after they attempted to sell approximately four pounds of methamphetamine to an undercover officer.  At the time, the three men were living in Belen, N.M., and the Lopez-Valle brothers were illegally in the United States.

The three men were indicted on March 28, 2012, and charged with conspiracy and possession of methamphetamine with intent to distribute.  Jesus Lopez-Valle also was charged with being an illegal alien unlawfully in possession of a firearm.  Jesus Lopez-Valle entered a guilty plea to all three charges on March 8, 2013.

According to court filings, on Feb. 21, 2012, Chavez-Meza and the undercover officer discussed the prospect of a methamphetamine deal.  Thereafter, on Feb. 23, 2012, Chavez-Meza met the undercover officer at the Sandia Resort and Casino and agreed to sell the officer three pounds of methamphetamine at a price of $14,500 per pound.  Chavez-Meza arrived at the meeting site with Jesus Lopez-Valle who did not participate in the meeting.  On March 1, 2013, Chavez-Meza met the undercover officer at a gas station in the vicinity of Montgomery Blvd. NE and Interstate 25 in Albuquerque with the intention of selling four pounds of methamphetamine to the officer.  Chavez-Meza arrived in a vehicle driven by Hector Lopez-Valle and Jesus Lopez-Valle arrived at the meeting site in a separate vehicle.  After retrieving a package containing methamphetamine from the truck, Chavez-Meza entered the undercover officer’s vehicle and the officer drove to a nearby apartment complex followed by Jesus Lopez-Valle and Hector Lopez-Valle.  Shortly thereafter, FBI agents arrested Jesus Lopez-Valle, Chavez-Meza and Hector Lopez-Valle.

On Feb. 25, 2013, Chavez-Meza pleaded guilty to conspiracy and possession of methamphetamine with intent to distribute; he is scheduled for sentencing on July 8, 2013.  Hector Lopez-Valle pleaded guilty to the same two charges on March 8, 2013 and is scheduled for sentencing on July 22, 2013. Each faces a mandatory minimum ten years in prison and a maximum of life in prison.  They remain in custody pending their sentencing hearings.

This case was investigated by the Cross Border Drug Violence Squad of the FBI’s Albuquerque Division and the Las Cruces Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Nicholas Jon Ganjei. 

The FBI’s Cross Border Drug Violence Squad is a hybrid squad comprised of agents with various investigative backgrounds, including narcotics, white collar, public corruption and gang expertise, to promote more comprehensive investigations.  The FBI created hybrid squads along the Southwest Border which are dedicated to combating Mexican drug cartels and the violent crime threat along the border after Congress passed the Border Security Appropriations Bill in Aug. 2010, which directed and funded the FBI to create these squads.  The Albuquerque Division’s Cross Border Violence Squad focuses its investigative efforts on Mexican drug cartels and the major Mexican Drug Trafficking Organizations in New Mexico that support the cartels.

ALBUQUERQUE – Thomas Benally 53, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to a second degree murder charge under a plea agreement with the U.S. Attorney’s Office.

Benally and his co-defendant, Luke Spencer, 48, a Navajo man who also resides in Gallup, N.M., were indicted in March 2012.  Count 1 of the indictment charged Benally with second degree murder and Count 2 charged Spencer with aiding and abetting second degree murder.  According to the indictment, Benally, who was aided by Spencer, killed a man while driving under the influence of alcohol on the Navajo Indian Reservation between Oct. 1, 2010 and Oct. 2, 2010.           

During this morning’s hearing, Beanlly entered a guilty plea to second degree murder and admitted that on the night of Oct. 1, 2010 or early hours of Oct. 2, 2010, he drove Spencer’s truck despite being severely intoxicated.  While backing up, Benally ran over a 71-year-old Navajo man.  Benally further admitted that he and Spencer, who was in the passenger’s seat, drove away in the truck without making any effort to check on the victim’s condition or calling the authorities to report the accident.  The victim died of injuries he sustained and his remains were found by a passerby on Oct. 7, 2010. 

Under the terms of the plea agreement, Benally will be sentenced to a prison term within the range of 10 to 12 years followed by a term of supervised release to be determined by the court.  Benally has been in federal custody since his arrest on March 13, 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled.

On May 28, 2013, Spencer entered a guilty plea to a felony information charging him with involuntary manslaughter for permitting Benally to drive his truck while intoxicated.  At sentencing, Spencer faces a maximum penalty of eight years in prison.  Spencer remains in the custody of the U.S. Marshals Service pending his sentencing hearing which has not yet been scheduled.

            This case is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead based on an investigation by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.            

• Mascheroni Plea Agreement
• Roxby Mascheroni Plea Agreement

ALBUQUERQUE – Thomas Benally 53, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to a second degree murder charge under a plea agreement with the U.S. Attorney’s Office.

Benally and his co-defendant, Luke Spencer, 48, a Navajo man who also resides in Gallup, N.M., were indicted in March 2012.  Count 1 of the indictment charged Benally with second degree murder and Count 2 charged Spencer with aiding and abetting second degree murder.  According to the indictment, Benally, who was aided by Spencer, killed a man while driving under the influence of alcohol on the Navajo Indian Reservation between Oct. 1, 2010 and Oct. 2, 2010.           

During this morning’s hearing, Beanlly entered a guilty plea to second degree murder and admitted that on the night of Oct. 1, 2010 or early hours of Oct. 2, 2010, he drove Spencer’s truck despite being severely intoxicated.  While backing up, Benally ran over a 71-year-old Navajo man.  Benally further admitted that he and Spencer, who was in the passenger’s seat, drove away in the truck without making any effort to check on the victim’s condition or calling the authorities to report the accident.  The victim died of injuries he sustained and his remains were found by a passerby on Oct. 7, 2010. 

Under the terms of the plea agreement, Benally will be sentenced to a prison term within the range of 10 to 12 years followed by a term of supervised release to be determined by the court.  Benally has been in federal custody since his arrest on March 13, 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled.

On May 28, 2013, Spencer entered a guilty plea to a felony information charging him with involuntary manslaughter for permitting Benally to drive his truck while intoxicated.  At sentencing, Spencer faces a maximum penalty of eight years in prison.  Spencer remains in the custody of the U.S. Marshals Service pending his sentencing hearing which has not yet been scheduled.

This case is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead based on an investigation by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.

ALBUQUERQUE – Harlen Sam, 34, an enrolled member of the Navajo Nation who resides in Counselors, N.M., was sentenced this afternoon to 46 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction.

In Dec. 2012, Sam entered a guilty plea to two counts of involuntary manslaughter and admitted causing the death of two passengers in his vehicle on May 4, 2012, when he crashed while driving under the influence of alcohol.  The crash occurred on a dirt road about four miles east of the Ojo Encino Chapter House in Ojo Encino, N.M., which is located on the Navajo Indian Reservation.

Court records reflect that, on May 4, 2012, Sam was driving a vehicle with four adult and five child passengers when he crashed the vehicle.  An elderly woman and a four-year-old boy died after being ejected from the vehicle during the crash.  In his plea agreement, Sam admitted he was driving while intoxicated when he crashed and caused the deaths of the two victims.  Sam also acknowledged that his blood alcohol level was .08 when his blood was drawn within three hours of the collision.

Sam has been in federal custody since his arrest on May 4, 2012.

The case was investigated by the FBI, the Navajo Department of Public Safety and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Raymond Berger, 32, of Albuquerque, N.M., was arrested today by agents of Homeland Security Investigations (HSI) on an indictment charging him with enticing a minor to engage in sexual activity.  Berger made his initial appearance in federal court this morning and is temporarily detained pending his arraignment and a detention hearing, both of which are scheduled for June 24, 2013.

The indictment alleges that between May 2, 2013 and May 6, 2013, Berger used Craigslist and a cellular telephone to coerce and entice an individual whom he believed to be a minor to engage in sexual activity.  Berger allegedly committed the offense in Bernalillo County, N.M.  Berger was arrested on state charges of solicitation of a child with an electronic communications devise on May 6, 2013.

If convicted on the federal charge, Berger faces a mandatory ten year prison sentence and a maximum penalty of life in prison.  The indictment against Berger is merely an accusation and he is presumed innocent unless found guilty beyond a reasonable doubt. 

This case was investigated by the Sexual Predator and Exploitation Enforcement (SPEED) Task Force, which is comprised of HSI, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.  The case 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 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 – Earlier today, a federal jury sitting in Las Cruces, N.M., found Manuel Paulino Alvarez-Valdez, 36, of Juarez, Mexico, guilty on marijuana importation and trafficking charges after a three-day trial.  The jury’s guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) El Paso.

Alvarez-Valdez was arrested on marijuana importation and trafficking charges on Nov. 20, 2012, after U.S. Customs and Border Protection (CBP) officers found approximately 418 pounds of marijuana concealed in compartments under the bed and floorboards of his pickup truck during an inspection at the Santa Teresa, N.M., Port of Entry.  In Feb. 2013, Alvarez-Valdez was indicted on those same charges.  Trial of the case began on June 17, 2013, and concluded this afternoon when the jury returned a guilty verdict against Alvarez-Valdez on both counts of the indictment.

The evidence at trial established that, on Nov. 20, 2012, Alvarez-Valdez entered the United States at the Santa Teresa Port of Entry driving a pickup truck.  At the time, Alvarez-Valdez claimed ownership of the truck.  A CBP officer directed Alvarez-Valdez to a secondary inspection after evidence of tampering was found on the truck.  During the secondary inspection, the truck was next X-rayed and the X-ray showed anomalies in the bed area.  When the truck’s bed was dismantled, the officers found 228 bundles of marijuana weighing an aggregate of 418 pounds. 

After the marijuana was discovered, Alvarez-Valdez was arrested.  During post-arrest questioning, Alvarez-Valdez initially claimed that he borrowed the truck to travel to El Paso, Texas, where he intended to purchase two vehicles.  After the officers reminded Alvarez-Valdez that he previously had claimed ownership of the truck when he first entered the port of entry, Alvarez-Valdez admitted ownership of the truck.  Thereafter, Alvarez-Valdez claimed that the truck remained on a used car lot because he was making payments toward buying the truck, but  he claimed that he was permitted to borrow the truck as needed.

The jury deliberated approximately three hours before returning a guilty verdict.

Alvarez-Valdez has been in federal custody since his arrest in Nov. 2012, and remains detained pending his sentencing hearing which has yet to be scheduled.  At sentencing, Alvarez-Valdez faces a federal prison sentence of not less than five years and not more than 40 years.  Alvarez-Valdez will be deported after serving his prison sentence.

This case was investigated by HSI’s Las Cruces office and the CBP at the Santa Teresa Port of Entry, and is being prosecuted by Assistant U.S. Attorneys Brock Taylor and Mark Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Andrew Gene Alvarez, 60, of Wofford Heights, Calif., pleaded guilty this morning to a misdemeanor information charging him with misrepresenting that jewelry he made and offered for sale was made by an Indian.  After entering his guilty plea, Alvarez was sentenced to 30 months of probation to be followed by a year of supervised release.  As part of his sentence, Alvarez is prohibited from representing that any jewelry he produces is of Indian origin or Indian produced. 

Alvarez was indicted in Sept. 2012, and charged with violating the Indian Arts and Crafts Act, 18 U.S.C. § 1159, by falsely representing that jewelry he made and offered for sale was produced by an Indian.  According to the indictment, Alvarez made these misrepresentations in May 2011, during the Native Treasures Show at the Santa Fe Community Convention Center.

According to court filings, the FBI initiated an investigation into Alvarez in May 2010, after receiving a referral from the Indian Arts and Crafts Board (IACB) of the U.S. Department of the Interior.  The IACB asserted that Alvarez was a prominent jeweler who represented himself as alternatively Mescalero, Apache, Colville and Mayo Indian and marketed his jewelry at the Santa Fe Indian Market, as well as nationally at high-profile Indian arts and crafts events.   The IACB also asserted that after due inquiry, it determined that Alvarez was not an enrolled member of a recognized Native American tribe who was entitled to market his work in any manner which suggested that his work was an Indian product.

In May, 2010, Alvarez registered as an exhibitor at the Native Treasures Indian art show in Santa Fe and identified himself as “Andrew Redhorse Alvarez” and as a “Colville/Apache” Indian.  During the art show, Alvarez told an FBI agent who did not identify himself as a law enforcement officer that his father was Colville and his mother was Apache.  Thereafter, the FBI agent learned that Alvarez told an IACB employee that his heritage was Mescalero Apache, Colville and Mayo during the Santa Fe Indian Market in Aug. 2010. 

In May 2011, an FBI agent and a National Park Service criminal investigator made an undercover purchase of jewelry from Alvarez at the Native Treasures show in Santa Fe, where the program specified Alvarez’s tribal affiliation as Colville/Apache and his artistic medium as jewelry. While the officers examined Alvarez’s jewelry, they engaged Alvarez in conversation about his tribal affiliation, the nature of tribal registration, his family background, the Native American jewelry business and the Indian Arts and Crafts Act.  When the criminal investigator purchased three pieces of jewelry from Alvarez, Alvarez included three of his business cards on which he had written descriptions of the jewelry and his purported tribal affiliation as “Apache/Colville.”

Court records reflect that Alvarez’s birth certificate identifies both his parents as White with no reference to Indian blood or ancestry.  Other official records reflect that Alvarez’s maternal grandparents are of Mexican descent.

The Indian Arts and Crafts Act prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian and Indian tribe.  It is a “truth-in-advertising law designed to prevent products from being marketed as ‘Indian made, when the products are not, in fact, made by Indians as defined in the Act.”  The Indian Arts and Crafts Board was created by the Indian Arts and Crafts Act of 1935 to promote the economic development of American Indian and Alaska Natives through the expansion of the market of authentic Indian arts and crafts products.

The case was investigated by the FBI with assistance from the National Parks Service and the Department of the Interior’s Indian Arts and Crafts Board, and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Angelo Gutierrez, 22, of Santa Fe, N.M., was sentenced this morning to 84 months in federal prison followed by three year of supervised release for his conviction on conspiracy, Hobbs Act commercial robbery and firearms charges arising out of an armed robbery of a K-Mart Store in Santa Fe.

Angelo Gutierrez and his brother, Anthony Gutierrez, 43, were indicted in Jan. 2012, and charged with (1) conspiracy to violate the Hobbs Act by interfering with a business engaged in interstate commerce by robbery, (2) committing a Hobbs Act robbery, and (3) using and carrying a firearm in relation to a crime of violence.  These three charges arose out of the Oct. 21, 2011 armed robbery of the K-Mart Store located at 1712 Saint Michaels Drive in Santa Fe.  The indictment also charged Anthony Gutierrez, who previously had been convicted of residential burglary and larceny, with being a felon in possession of a firearm. 

Angelo Gutierrez was arrested on Feb. 8, 2012, after being transferred from state custody to federal custody.  He has been in federal custody since that time.  On Dec. 3, 2012, Angelo Gutierrez entered a guilty plea to the three counts of the indictment against him without the benefit of a plea agreement.

Anthony Gutierrez was arrested on Feb. 15, 2012, after being transferred from state custody to federal custody.  He has been in federal custody since that time.  On Nov. 21, 2012, Anthony Gutierrez pled guilty to using and carrying a firearm in relation to a crime of violence and to being a felon in possession of a firearm.  In entering his guilty plea, Anthony Gutierrez admitted entering the K-Mart Store on Oct. 21, 2011, with the intention of robbing the store of DVDs.  While Anthony Gutierrez was attempting to steal the DVDs, K-Mart’s loss prevention officers attempted to apprehend him and he fought against the officers.  During the fight, Anthony Gutierrez pointed a firearm at the officers causing the officers to release him and he fled from the scene with the firearm and the DVDs.  Anthony Gutierrez admitted that he had a prior felony conviction at the time of these events.  On March 27, 2013, Anthony Gutierrez was sentenced to 96 months in prison to be followed by three years of supervised release.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Santa Fe Police Department, with assistance from the K-Mart Store loss prevention officers.  It was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Holland S. Kastrin.

ALBUQUERQUE – Mika-Jon Lowley, 23, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Lowley was arrested on Sept. 20, 2012, based on a criminal complaint charging him with assault resulting in serious bodily injury.  Lowley subsequently was indicted and charged with (1) assault resulting in serious bodily injury; (2) assault with a dangerous weapon, and (3) robbery in Indian country.  According to the indictment, Lowley committed the offenses on March 12, 2012, in McKinley County, N.M., on the Navajo Indian Reservation.

During today’s proceedings, Lowley entered a guilty plea to Count 2, charging him with assault with a dangerous weapon.  Lowley admitted that on the night of March 12, 2012, he walked up to a couple in the parking lot of Fire Rock Casino, pulled out a BB gun and demanded money.  He further admitted that, when the couple did not immediately comply with his demand, Lowley shot the man in the face with the BB gun.

Lowley has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Lowley 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 Gallup 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 Mark T. Baker.

ALBUQUERQUE – Seven individuals were arrested this morning on federal narcotics trafficking charges as a result of a multi-agency investigation targeting heroin traffickers operating in the Northeast Height of Albuquerque, N.M., announced U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division.

Today’s arrests are the result of a 15-month investigation by the DEA, Albuquerque Police Department and Bernalillo County Sheriff’s Office into heroin traffickers operating in Albuquerque’s Northeast Heights, an area that has experienced a growing, wide-spread heroin abuse problem among teens and young adults in recent years.  The investigation was code-named “Balloon Fiesta,” a reference to the multi-colored balloons that heroin often is packaged in for retail distribution.  The investigation 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.

In announcing the results of the investigation, U.S. Attorney Gonzales said, “I commend the DEA, the Albuquerque Police Department and Bernalillo County Sheriff’s Office for their unrelenting commitment to bring to justice drug traffickers who relentlessly target any available customer, including our children, to push highly addictive and dangerous drugs in the Albuquerque metro area.  I also commend community groups and organizations like the Heroin Awareness Committee who have made it their mission to educate our children and our community about the perils of drugs, prevent teenage drug abuse, and advocate for treatment for those who have become addicted with the goal of preventing drug overdose deaths.  Working together, we can and will make a difference.”

“The investigation that resulted in these arrests and seizures was undertaken in response to a growing problem of heroin abuse in the North East Heights area of Albuquerque,” said Special Agent in Charge Joseph M. Arabit of the DEA.  “Heroin abuse and addiction exacts a tremendous toll on society, and these enforcement actions, which targeted dealers and their assets, strike a serious blow to trafficking in the area.  They are an important step in improving safety and security in the community, especially among our young people.”

Five of the defendants arrested this morning are charged with conspiracy to distribute heroin in an indictment that was filed under seal on June 12, 2013 and unsealed earlier today.  Four of those defendants, Angel Last Name Unknown (LNU), also known as “Abraham Miramonte,” 21, Miguel Bustamante-Conchas, 37, Baltazar Granados, 36, and Ruben Garcia Miranda, 47, were arrested in Albuquerque.  The fifth defendant, Ramon Cabrales-Guerra, 22, of Ellensburg, Wash., was arrested in Washington State.    If convicted on the conspiracy charge, each of the five defendants faces a minimum of five years to a maximum of 40 years in federal prison, and Angel LNU, Cabrales-Guerra and Granados, who are Mexican nationals illegally in the United States, will be deported after completing their prison sentences.

The remaining two other defendants, Joel Nunez-Haroz, 42, and Pablo Arturo Felix-Sicarios, 19, are charged in criminal complaints alleging possession of heroin with intent to distribute.  If convicted, each faces a maximum of 20 years in federal prison and both men, who are Mexican nationals illegally in the United States, will be deported after completing their prison sentences.

The six defendants arrested in Albuquerque made their initial appearances in federal court this afternoon.  They are temporarily detained pending detention hearings which have yet to be scheduled.  Cabrales-Guera will be transferred from Washington State to the District of New Mexico to face the charges against him.

During today’s arrest operation, the DEA seized approximately three pounds of heroin, a handgun and approximately $10,000 in cash pursuant to federal search warrants.  They also seized seven vehicles pursuant to federal seizure warrants.

These cases were investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office and are being prosecuted by Assistant U.S. Attorney Sean J. Sullivan and Shana B. Long.  The New Mexico State Police and Corrales Police Department assisted in this morning’s law enforcement operation.

Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

ALBUQUERQUE – Anthony Black, 28, of Mesilla Park, N.M., pleaded guilty this afternoon to an indictment charging him with two counts of distribution of visual depictions of minors engaged in sexually explicit conduct.  Black entered his guilty plea without the benefit of any plea agreement.  Black’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) El Paso.

Black initially was charged in Nov. 2012, in a criminal complaint with the distribution of child pornography in Doña Ana County, N.M., in April 2012.  According to the complaint, on Nov. 14, 2012, law enforcement officers obtained a federal search warrant for Black’s residence based on an investigation that revealed that an IP address subscribed to that residence was being used to distribute child pornography.  When the officers executed the search warrant the following day, they seized a laptop computer that was used to share child pornography in April and Oct. 2012.  Black subsequently was indicted in May 2013 and charged with two counts of distribution of child pornography.

During today’s plea hearing, Black pleaded guilty to both counts of the indictment.  At sentencing, Black faces a term of imprisonment of not less than five years and not more than 20 years.  Black has been in federal custody since his arrest on Nov. 15, 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by HSI, the Las Cruces Police Department, the New Mexico Attorney General’s Office (NMAGO), the New Mexico State Police and the New Mexico Internet Crimes Against Children (ICAC) Task Force 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 www.justice.gov/psc/.

The case also received support from the New Mexico ICAC Task Force, whose mission 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 New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

WASHINGTON – The Justice Department and U.S. Attorney Kenneth J. Gonzales of the District of New Mexico announced today that Science Applications International Corporation (SAIC) has paid $11.75 million to settle allegations filed in the U.S. District Court for the District of New Mexico that it violated the False Claims Act by charging inflated prices under grants to train first responder personnel to prevent and respond to terrorism attacks.  SAIC provides scientific, engineering, and technical services to commercial and government customers and is headquartered in Northern Virginia.
Between 2002 and 2012, the New Mexico Institute of Mining and Technology (New Mexico Tech) received six federal grants from the Department of Justice, the Department of Homeland Security, and the Federal Emergency Management Agency to train first responder personnel to prevent and respond to terrorism events involving explosive devices.  New Mexico Tech awarded subgrants to SAIC to provide course management, development, and instruction.  The United States alleged that SAIC’s cost proposals falsely represented that SAIC would use far more expensive personnel to carry out its efforts than it intended to use and actually did use, resulting in inflated charges to the United States.
“To ensure that federal tax dollars are properly spent, federal grant recipients and contractors must provide cost proposals and estimates that reflect their honest judgment about project costs,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice.  “We will continue to ensure that funds designated for vital programs such as this one are properly used for their intended purpose.”

The False Claims Act is sometimes referred to as “Lincoln’s Law” because it was enacted at the urging of President Lincoln to combat widespread fraud which was being perpetrated on the Union Army by Civil War defense contractors.  While originally enacted to combat defense contractor fraud, the False Claims Act has long been successfully employed to combat false claims against the United States in many other contexts, including healthcare fraud.  The Act prohibits the submission of false claims for government money or property and allows the United States to recover up to three times the actual damages and penalties for a violation. 

The lawsuit against SAIC was originally filed under the whistleblower provisions of the False Claims Act by Richard Priem, SAIC’s former project manager for the first responder training program.  Under the Act’s whistleblower provisions, a private party may file suit on behalf of the United States and share in any recovery, and the United States may elect to intervene and take over the case, as it did here.  Mr. Priem’s share has not yet been determined.

“The False Claims Act is a critical tool for weeding out fraud and protecting taxpayers,” said U.S. Attorney Kenneth J. Gonzales of the District of New Mexico.  “The Act provides an incentive for individuals with knowledge of fraud against the government to disclose that information.  When whistleblowers bring fraud allegations to the government’s attention and assist us in this public-private partnership to fight fraud, the public benefits and potential fraudsters are deterred.”

The case was jointly handled by Trial Attorneys Don Williamson and Daniel Hugo Fruchter of the Commercial Litigation Branch of the Justice Department’s Civil Division and Assistant U.S. Attorney Howard R. Thomas and Auditor Julie A. Ford of the U.S. Attorney’s Office for the District of New Mexico.  The claims resolved by this settlement are allegations only and there has been no determination of liability.  The case is United States ex rel. Priem v. SAIC, No-12-cv-148 (D.N.M.).

ALBUQUERQUE – Tenya Lester-Gonzales, 37, a member and resident of the Mescalero Apache Nation, pleaded guilty yesterday afternoon in Las Cruces federal court to a felony information alleging an assault with a dangerous weapon charge.

During her plea hearing, Lester-Gonzales admitting assaulting her husband with a hatchet in their home on the Mescalero Apache Reservation on March 30, 2012.  In her plea agreement, Lester-Gonzales acknowledged intentionally striking the victim in the head and causing him serious bodily injury.

According to court filings, Lester-Gonzales and the victim both were intoxicated when they got into a verbal fight outside their residence on the night of March 30, 2012.  After a witness separated the two, Lester-Gonzales went into the residence and returned with a hatchet which she used to strike the victim in the head.  The victim sustained a cut on the face that was four inches long and a quarter inch wide as a result of the assault.

Lester-Gonzales was arrested on assault charges in Jan. 2013, after she was transferred from state custody to federal custody and has been in federal custody since that time.  Lester-Gonzales remains detained pending her sentencing hearing, which has yet to be scheduled.  At sentencing, Lester-Gonzales faces a maximum penalty of ten years in prison and three years of supervised release. 

This case was investigated by the Las Cruces office of the FBI and 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.

ALBUQUERQUE – Danny Dan Don Brown, 25, a member of the Navajo Nation who resides in Church Rock, N.M., was sentenced this afternoon to 162 months in federal prison followed by two years of supervised release for his second degree murder conviction.  He also was ordered to pay restitution in the amount of $1200 to cover the cost of the victim’s funeral and related expenses. 

Brown and his co-defendant, Melvyn Lee Morgan, 29, a member of the Navajo Nation who resides in Gallup, N.M., were arrested on Dec. 27, 2011, based on a criminal complaint charging them with the Dec. 3, 2011 murder of Robert L. Smith, also a member of the Navajo Nation.  According to the criminal complaint filed in the case, the murder was committed in Church Rock, which is within the Navajo Indian Reservation.  Brown and Morgan, who have been in federal custody since their arrests, were indicted on Jan. 24, 2012, and charged with second degree murder.

According to court records, late on the night of Dec. 3, 2011, Brown, Morgan and the victim were involved in a fight after drinking alcohol.  During the fight, Brown and Morgan repeatedly kicked and punched the victim, who died as a result of injuries he sustained.   Brown entered a guilty plea to the indictment in March 2013.

Morgan has entered a not guilty plea to the indictment and is scheduled for trial on July 8, 2013.  The charges in the indictment as to Morgan are only accusations and he is presumed innocent unless proven guilty.

This case was investigated by the Gallup office of the FBI and the Crownpoint Office of the Navajo Nation Division of Public Safety with assistance from the McKinley County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Krisohn Adakai, 21, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., pleaded guilty this morning to a second degree murder charge under an agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Adakai will be sentenced to 11 years in federal prison followed by a term of supervised release to be determined by the court.

Adakai was arrested in July 2012, and charged by criminal complaint with the murder of Crystal Tom, a 26 year-old Navajo woman.  According to the criminal complaint, the murder occurred on July 28, 2012, at Adakai’s home in Beclabito, which is located on the Navajo Reservation.   Adakai and the victim got into a fight while drinking alcohol together.  During the fight, Adakai repeatedly punched and stabbed the victim, who died as a result of the injuries she sustained.  Adakai then fell asleep and awoke to find the victim’s unresponsive body.  Adakai attempted to conceal her crime by disposing of the body, the alcohol bottles and other evidence of the murder in a remote area on the Navajo Indian Reservation.  When confronted by law enforcement authorities on July 30, 2012, Adakai admitted committing the murder and led officers to the victim’s body and other evidence.

During today’s plea hearing, Adakai admitted that the United States would be able to prove beyond a reasonable doubt that she murdered a Navajo woman on July 28, 2013, in San Juan County, within the Navajo Indian Reservation.

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 – Raydell Billy, 22, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced yesterday afternoon to 81 months in federal prison followed by three years of supervised release for his conviction on assault and firearms charges.
 
Billy was arrested in Jan. 2013, on a criminal complaint charging him with assault and firearms offenses, and has been in federal custody since that time.  Billy subsequently was indicted and charged with two counts of being a felon in possession of a firearm, assault with a dangerous weapon; and using a firearm during a crime of violence.  Billy was charged with committing these offenses on the Navajo Indian Reservation in San Juan County, N.M., on Nov. 15, 2012 and Jan. 12, 2013.

Billy pled guilty on March 12, 2013 to a felony information charging him with assault with a dangerous weapon and using a firearm in furtherance of a crime of violence.  In entering his guilty plea, Billy admitted that on Jan. 12, 2013, he assaulted an individual with a .22 caliber Winchester rifle by pointing the rifle at the victim and pulling the trigger.  Billy also admitted hitting the victim in the head with the butt-stock of the rifle.

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

ALBUQUERQUE – Harley Harkness, 40, of Roswell, N.M., pleaded guilty this afternoon in Las Cruces federal court to being a felon in possession of firearms.  Harkness entered his guilty plea without the benefit of a plea agreement.

Harkness was arrested on March 13, 2013, on a criminal complaint charging him with unlawful possession of firearms and possession of a stolen firearm.  According to the criminal complaint, Harkness committed these offenses on Jan. 13, 2013.  At the time, Harkness was prohibited from possessing firearms or ammunition because he previously had been convicted of the following offenses in the 5th Judicial District Court for the State of New Mexico:  residential burglary and tampering with evidence in Oct. 2001 and battery against a household member in Oct. 2003.

Court filings reflect that the federal charges against Harkness arose out of a domestic violence incident on Jan. 13, 2013.  On that day, Roswell Police Department officers responded to a domestic violence call from Harkness’s wife who reported that Harkness hit her and pointed a firearm at her.  When the officers executed a search warrant at the Harkness residence in Roswell, they found two loaded pistols and ammunition.

During today’s plea hearing, Harkness pled guilty to a felony information charging him with being a felon in possession of a firearm and admitted that he unlawfully possessed two pistols on Jan. 13, 2013, in Chaves County, N.M.  At sentencing, which has yet to be scheduled, Harkness faces a maximum penalty of ten years in federal prison.  Harkness remains in custody pending his sentencing hearing.

This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – This morning, Oscar Marquez, 23, of Albuquerque, N.M., was sentenced to 20 years in federal prison followed by three years of supervised release for his conviction on Hobbs Act robbery and firearms charges arising out of a crime spree that involved robberies of four Albuquerque-area businesses at gunpoint during a two-week period.  Marquez’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, 2nd Judicial District Attorney Kari E. Brandenburg, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Chief Ray Schultz of the Albuquerque Police Department.

Marquez was charged in an eight-count indictment with four counts of violating the Hobbs Act by interfering with a business involved in interstate commerce by robbery, and four counts of using a firearm during and in furtherance of a crime of violence.  The indictment, which was filed in Oct. 2012, also charged co-defendant, Rebecca Aguilar, 25, of Albuquerque, with aiding and abetting one of the robberies.

The indictment charged Marquez with robbing the following four Albuquerque-area businesses:  the Captain D’s Restaurant on May 28, 2012 (Count 1); a Cricket Wireless Store on May 29, 2012 (Count 3); a King Wireless Store on June 7, 2012 (Count 5); and another Cricket Wireless Store on June 9, 2012 (Count 7).  Counts 2, 4, 6 and 8 charged Marquez with using a firearm during each of the four robberies.  It also charged Aguilar with aiding and abetting the May 9, 2012 robbery.

On Jan. 18, 2013, Marquez entered guilty pleas to Counts 3, 5, 6 and 7 of the indictment, and admitted robbing store clerks at three businesses at gunpoint between May 29 and June 9, 2012.  Marquez also pled guilty to an information charging him with the armed robbery of a store clerk at an Albuquerque-area Game Stop on June 10, 2012. 

During today’s sentencing hearing, Marquez also was ordered to pay restitution to the businesses that were the victims of his criminal conduct.  As required by the terms of his plea agreement, Counts 1, 2, 4 and 8 of the indictment against Marquez were dismissed after his sentence was imposed.
          
Aguilar, who was arrested on Oct. 15, 2012, entered a guilty plea on to Count 7 of the indictment, the sole charge against her on Feb. 6, 2013.  Aguilar is scheduled to be sentenced on July 9, 2013.  Under the terms of her plea agreement, she will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court.

This case was brought as part of a 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.  The new initiative is 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 FBI and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the 2nd Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Michael Segura, 36, was sentenced this afternoon to 100 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm.  Segura’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Segura was indicted in May 2012 and charged with being a felon in possession of a firearm and ammunition in March 2012, in Bernalillo County, N.M.  According to the indictment, Segura was prohibited from possessing firearms or ammunition because he previously had been convicted of two robberies and one escape from jail in the 2nd Judicial District Court for the State of New Mexico.  Segura was arrested in Sept. 2012, after he was transferred from state custody into federal custody.  He has been in federal custody since that time.
   
According to court filings, Segura was arrested on state charges on March 26, 2013, after his estranged wife called 911 and reported that Segura had discharged a firearm through the window of her apartment, placing her in fear for her safety and the safety of her three-year-old child.  At the time, she had a valid order of protection against Segura.  Court records reflect that, in addition to the three aforementioned felony convictions, Segura previously had been convicted of five separate domestic violence offenses between 1998 and 2011.  The state charges that arose out of this incident were dismissed after Segura was arrested on the federal indictment.

Segura pled guilty to the indictment on March 20, 2013, without the benefit of a plea agreement and admitted unlawfully possessing a .40 caliber semi-automatic pistol on March 26, 2012, in Bernalillo County, N.M. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol Tobacco, Explosives and Firearms and the Albuquerque Police Department. It was prosecuted by Assistant U.S. Attorney David M. Walsh and Raul Torrez 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 – Nathan R. Platero, 41, an enrolled member of the Navajo Nation who resides in Tohajiilee, N.M., was sentenced this morning to ten years in federal prison followed by ten years of supervised release for his child sex abuse conviction.  Platero will be required to register as a sex offender after he completes his prison sentence. 

Platero was arrested in Jan. 2012, on child sex abuse charges.  In Oct. 2012, Platero pleaded guilty to a felony information and admitted that, between Jan. 2005 through Dec. 2006, he engaged in and attempted to engage in sexual contact with a child victim who had attained the age of 12 but had not attained the age of 16.  Platero further admitted that the sexual contact consisted of the intentional touching of the child victim’s genitals through her clothing.   Court records reflect that the offense occurred in Platero’s residence in Tohajiillee, which is on the Navajo Indian Reservation. 

This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Delbert Begaye, 56, a member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to ten years in federal prison followed by five years of supervised release.  Begaye will be required to register as a sex offender after he completes his prison sentence.

Begaye was arrested on a criminal complaint charging him with child sex abuse offenses in Feb. 2012, and has been in federal custody since that time.  Begaye pleaded guilty in Sept. 2012 to a felony information charging him with two counts of aggravated sexual abuse of a child under the age of 12. 

As to the first count of the information, Begaye’s plea agreement states that between March 1989 and Oct. 1989, Begaye engaged in sexual acts with a child who was approximately ten years of age on approximately six occasions.  Begaye admitted that, on each of the six occasions, he forcibly grabbed and carried the child victim into her home where he sexually assaulted her.  The child victim did not disclose the assaults because Begaye threatened to physically harm the victim’s sibling.  The assaults occurred in Hogsback, N.M., which is located within the Navajo Indian Reservation.

As to the second count, Begaye’s plea agreement states that between Jan. 1991 and Dec. 1995, he engaged in sexual acts with a child who had not attained the age of 12.  Begaye admitted that he sexually assaulted the child victim on multiple occasions during this five year period.  The assaults occurred in Indian Village, N.M., which is located within the Navajo Indian Reservation.

Begaye’s criminal conduct first came to light in Feb. 2012, when a 32-year-old Navajo woman reported to the FBI and Navajo Nation Division of Public Safety that Begaye had sexually assaulted her in 1989, when she was a child.  Subsequent investigation revealed that Begaye also had sexually assaulted a second child victim referred to in the second count of the information. 

The 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 Niki Tapia-Brito 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 –Norma Mermejo, 62, a member and resident of Picuris Pueblo, was sentenced this morning to five years of probation for her conviction on an embezzlement and theft from an Indian tribal organization charge.  Mermejo also was ordered to pay $132,000 in restitution to Picuris Pueblo.

In Oct. 2012, Mermejo pleaded guilty to embezzling approximately $132,000 belonging to Picuris Pueblo between Feb. 2008 and April 2010.  At the time, Mermejo was employed as a file clerk in the Pueblo’s accounting office.  Picuris Pueblo terminated her employment in April 2010, when Pueblo officials learned of her unlawful activities.  During her plea hearing, Mermejo admitted embezzling an aggregate of $132,000 of funds belonging to Picuris Pueblo on 144 occasions during a two-year period.  She also admitted that she used the money to support her gambling habit and make ends meet with regard to such matters as utility bills.

The case was investigated by the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE –Norma Mermejo, 62, a member and resident of Picuris Pueblo, was sentenced this morning to five years of probation for her conviction on an embezzlement and theft from an Indian tribal organization charge.  Mermejo also was ordered to pay $132,000 in restitution to Picuris Pueblo.

In Oct. 2012, Mermejo pleaded guilty to embezzling approximately $132,000 belonging to Picuris Pueblo between Feb. 2008 and April 2010.  At the time, Mermejo was employed as a file clerk in the Pueblo’s accounting office.  Picuris Pueblo terminated her employment in April 2010, when Pueblo officials learned of her unlawful activities.  During her plea hearing, Mermejo admitted embezzling an aggregate of $132,000 of funds belonging to Picuris Pueblo on 144 occasions during a two-year period.  She also admitted that she used the money to support her gambling habit and make ends meet with regard to such matters as utility bills.

The case was investigated by the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Cruz Tenorio, 29, a member and resident of Kewa Pueblo, N.M., was sentenced this afternoon to six months in federal prison followed by six months in a half-way house.  He will then be on supervised release for a year.

Tenorio pleaded guilty on March 11, 2013, and admitted abusing a three-year-old Indian child in 2011 by negligently tattooing the letter “I” on the child’s arm.  Tenorio admitted using rudimentary, homemade instruments, tools and unsterilized materials to tattoo the child, and that he did not take sufficient precautions to prevent possible infection.  Tenorio also acknowledged that he had no formal training in the application of tattoo body art when he tattooed the child at his home on Kewa Pueblo. 

During today’s sentencing hearing, Tenorio also was ordered to pay restitution in an amount adequate to ensure that the child victim is able to obtain any psychological and medical services necessary arising from the offense, including the removal of the tattoo.  Tenorio also is required to pay restitution to cover the costs of removing the tattoos he applied to another victim in March 2012, when the victim was 15 years old.

The case was investigated by the Southern Pueblos Agency of BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Cruz Tenorio, 29, a member and resident of Kewa Pueblo, N.M., was sentenced this afternoon to six months in federal prison followed by six months in a half-way house.  He will then be on supervised release for a year.

Tenorio pleaded guilty on March 11, 2013, and admitted abusing a three-year-old Indian child in 2011 by negligently tattooing the letter “I” on the child’s arm.  Tenorio admitted using rudimentary, homemade instruments, tools and unsterilized materials to tattoo the child, and that he did not take sufficient precautions to prevent possible infection.  Tenorio also acknowledged that he had no formal training in the application of tattoo body art when he tattooed the child at his home on Kewa Pueblo. 

During today’s sentencing hearing, Tenorio also was ordered to pay restitution in an amount adequate to ensure that the child victim is able to obtain any psychological and medical services necessary arising from the offense, including the removal of the tattoo.  Tenorio also is required to pay restitution to cover the costs of removing the tattoos he applied to another victim in March 2012, when the victim was 15 years old.

The case was investigated by the Southern Pueblos Agency of BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – James Anzara, 34, a member and resident of the Isleta Pueblo, N.M., pleaded guilty this afternoon to an indictment charging him with involuntary manslaughter.  Anzara’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 Acting Police Chief Kevin Mariano of the Pueblo of Isleta Police Department.

During today’s plea hearing, Anzara admitted killing a man while driving while under the influence of alcohol on Iselta Pueblo on Apr, 21, 2012.  Anzara also acknowledged his blood alcohol concentration was .08 grams or higher within three hours after he killed the victim.

At sentencing, which has yet to be scheduled, Anzara faces a maximum penalty of egiht years of imprisonment to be followed by a term of supervised release to be determined by the court.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – Robert Chavarillo, 33, a member and resident of San Felipe Pueblo, N.M., was sentenced this afternoon to three years in federal prison followed by a year of supervised release for his child abuse conviction.  His girlfriend, Janaca Yatsattie, 29, also a San Felipe Pueblo member, was sentenced to three years of probation for her conviction for misprision of a felony.

In May 2012, Chavarillo and Yatsattie were charged in a two-count indictment alleging (1) assault resulting in serious bodily injury and (2) child abuse.  The charges against the couple were the result of an investigation that was initiated after a San Felipe Pueblo social worker contacted federal authorities to make a child abuse referral.  The investigation revealed that, in Dec. 2011, Chavarillo abused a child by burning the child in the groin area because the child wet the bed, and that Yatsittie was aware of the abuse but did not act to stop the abuse or report it to the authorities.   According to court filings, Chavarillo initially told law enforcement that burning  a child’s groin was part of a traditional Native American ceremony but other evidence in the case contradicted his claim.

Chavarillo pleaded guilty in Dec. 2012, to Count 2 of the indictment, charging him with child abuse, and admitted he endangered a child’s health by burning the child in the groin area.  On that same day, Yatsittie entered a guilty plea to a felony information charging her with misprision of a felony and admitted knowing that Chavarillo committed a felony but failing to report it to proper authorities.  Both admitted that their unlawful acts occurred in the San Felipe Indian Reservation. 

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Albuquerque Division of the FBI, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Shelda Sutton-Mendoza, 60, of Albuquerque, N.M., was sentenced this morning to ten months of home confinement with electronic monitoring followed by three years of supervised release for her federal tax evasion conviction.  Sutton-Mendoza also was ordered to pay $167,362.00 in restitution to the IRS.

Sutton-Mendoza was indicted in Dec. 2011, and charged with five counts of tax evasion.  At the time of the crimes charged in the indictment, Sutton-Mendoza was owner and sole shareholder of NYSNC Environmental, Inc. (NYSNC), an environmental clean-up and testing service established in 2000 and incorporated in Oct. 2003.  NYSNC contracted primarily with the New Mexico Environmental Department, where Sutton-Mendoza was employed in the Petroleum Storage Bureau for more than six years before leaving to establish NYSNC.  The indictment charged Sutton-Mendoza with evading federal personal and corporate taxes during tax years 2003, 2004 and 2005 by intentionally filing false tax returns that misrepresented her personal and corporate taxable income.

In March 2013, Sutton-Mendoza pled guilty to Count 1 of the indictment and admitted evading federal taxes.  In her plea agreement, Sutton-Mendoza admitted that she routinely used NYSYNC funds to pay for personal expenses.  In 2003 and 2004, she used more than $70,000.00 in company funds to pay for a custom designed in-ground swimming pool with custom mosaic murals and more than $200,000.00 in company funds to pay for personal clothing, handbags and cosmetics.  Sutton-Mendoza also admitted that paying for personal expenses with company funds rendered the money taxable as personal income to her, and that she knowingly concealed from the IRS the extent of both NYCYNC’s and her taxable income.

Sutton-Mendoza admitted that for tax years 2003 and 2004, she signed and filed false personal and corporate federal tax returns which omitted significant personal and corporate income.  She acknowledged intentionally filing a false tax return for NYSYNC for calendar year 2003 in which she reported only $1,447,855.00 of the company’s gross income of $1,803,844.52, and thus evaded $17,021.00 in federal taxes.  Sutton-Mendoza also intentionally evaded $76,660.00 in personal income taxes for calendar year 2003 by underreporting her gross income of $261,152.00.  For calendar year 2004, Sutton-Mendoza reported only $851,998.00 of NYSYNC’s gross income of $1,138,090.02, and thus evaded $2,121.00 in federal taxes.  She also intentionally evaded $71,560.00 in personal income taxes in calendar year 2004 by underreporting her gross income of $250,580.00.

The case was investigated by IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Mary L. Higgins.

ALBUQUERQUE – Lindsey Joe Brown, II, 40, of Farmington, N.M., was sentenced this morning to 17 years in federal prison followed by five years of supervised release for his methamphetamine trafficking and firearms conviction.  Brown’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, District Attorney Rick P. Tedrow for the 11th Judicial District of the State of New Mexico in San Juan County, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Director of the Region II Narcotics Task Force.

Brown was indicted in March 2012 and charged with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and using a firearm in relation to a drug trafficking crime.  According to the indictment, Brown committed these crimes in San Juan County, N.M., in Oct. 2011.  Brown was arrested on April 5, 2012, and has been in federal custody since that time.

On March 14, 2013, Brown pleaded guilty to possession of methamphetamine with intent to distribute and the firearms offense and admitted that, on Oct. 26, 2011, he agreed to sell methamphetamine to a person who unbeknownst to him was working as an informant.  Law enforcement officers conducted surveillance as Brown drove from Farmington to Cuba, N.M., where he purchased methamphetamine from his supplier.  While Brown was traveling back to Farmington, the officers obtained a search warrant for Brown’s 2009 Ford Mustang.  When the officers executed the search warrant, they found a box in the Mustang’s trunk that contained more than 200 grams of methamphetamine.  In the center console of the Mustang, the officers found a fully loaded .9 mm semi-automatic pistol and other .9 mm ammunition.  Brown was arrested on state charges, which were later dismissed after Brown was arrested on federal charges.

As required by the terms of his plea agreement, Brown forfeited the Mustang used to transport the methamphetamine and the firearm and ammunition found in the vehicle.

This case was investigated by HSI’s Albuquerque office and the Region II Narcotics Task Force, with assistance from the 11th Judicial District Attorney’s Office.  Assistant U.S. Attorney Lynn W.Y. Wang prosecuted the case and Assistant U.S. Attorney Cynthia L. Weisman handled the forfeiture proceedings.

ALBUQUERQUE – Joel Rodriguez, 37, of Albuquerque, N.M., pleaded guilty yesterday afternoon to robbing a business engaged in interstate commerce under a plea agreement with the U.S. Attorney’s Office.  Under the terms of his plea agreement, Rodriguez will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

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.  According to the indictment, Rodriguez robbed 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.   

Yesterday, Rodriguez pleaded guilty 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.

Rodriguez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be set.  Under the terms of the plea agreement, Count 2 of the indictment, charging Rodriguez with unlawful possession of a firearm, will be dismissed after Rodriguez is sentenced.

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 is being prosecuted by Assistant U.S. Attorneys Raul Torrez and Jon K. Stanford.

ALBUQUERQUE – Arturo Reynaga, 29, of Los Lunas, N.M., Joaquin Alire, 29, of Albuquerque, N.M., and Jose Lopez-Hernandez, 31, a Mexican national residing in Belen, N.M., made their initial appearance this morning in federal court on a criminal complaint charging them with conspiracy and possession of methamphetamine with intent to distribute.  All three remain in federal custody pending detention hearings scheduled for June 10, 2013.

Reynaga, Alire and Lopez-Hernandez were arrested yesterday by the FBI after they attempted to sell approximately 15 pounds of methamphetamine to an undercover officer.  According to the criminal complaint, the FBI arrested Reynaga in the vicinity of the Hard Rock Casino, located on Isleta Pueblo, N.M., and seized the methamphetamine from the vehicle in which Reynaga had traveled to the Casino.  The complaint further alleges that Alire and Lopez-Hernandez were arrested after additional investigation revealed that they allegedly supplied the methamphetamine that Reynaga was planning to sell to the undercover officer.  Alire also was arrested in the vicinity of the Hard Rock Casino and Lopez-Hernandez was arrested in Albuquerque. 

If convicted on the charges in the complaint, each of the three defendants faces a mandatory minimum of ten years to a maximum of life in prison and Lopez-Hernandez will be deported after serving his prison sentence. Charges in criminal complaints are only accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

            This case was investigated by the Albuquerque Division of the FBI with assistance from the Las Cruces-Doña Ana Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.

ALBUQUERQUE – Anthony Lusk, 24, of San Rafael, N.M., and Peter Valdez, 26, of Grants, N.M., pleaded guilty this morning to federal methamphetamine trafficking charges under plea agreements with the U.S. Attorney’s Office.

Lusk and Valdez were two of the 13 Cibola County, N.M., residents charged with drug trafficking and firearms offenses as a result of a 22-month multi-agency investigation into drug trafficking in Cibola County, which was led by the DEA and the New Mexico State Police with assistance from the Grants Police Department.  The investigation, which was code-named “Operation Ice Cave” and concluded with an arrest operation on March 5, 2013, was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.   Eight of the 13 defendants were charged with federal drug trafficking and firearms charges and the remaining five were charged with state drug trafficking charges.

Lusk and Valdez were arrested on March 5, 2013, based on a two-count federal indictment charging them with (1) conspiracy to distribute methamphetamine, and (2) distribution of methamphetamine.  During this morning’s plea hearings, Lusk and Valdez each entered a guilty plea to Count 1 of the indictment, the conspiracy count.

In his plea agreement, Lusk admitted that on Oct. 3, 2012, he negotiated a three ounce methamphetamine transaction with an individual who turned out to be an undercover officer.  In his plea agreement, Valdez admitted that on Oct. 3, 2012, he assisted Lusk in packaging the three ounces of methamphetamine that Lusk agreed to sell to the undercover officer.  Valdez also admitted that he delivered the three ounces of methamphetamine to the undercover officer in exchange for $4,050.  Both men acknowledged that the methamphetamine transaction took place in the vicinity of the Sky City Casino, which is located in Cibola County.

Lusk and Valdez are in federal custody pending their sentencing hearings, which have yet to be scheduled.  At sentencing, each man faces a maximum sentence of life in prison.

Paul Barker, 46, and Leena Martinez, 31, and Nestor Valdez, 49, of San Rafael, were charged with violating the federal narcotics laws.  Martinez and Nestor Valdez were arrested on March 5, 2013, and remain in federal custody.  Martinez and Nestor Valdez each entered a not guilty plea and each is scheduled for change for plea hearings next week.  Barker has yet to be arrested and is considered a fugitive.

Adrian O. Leyva-Villalobos, 41, is a Mexican national who was residing in San Rafael when he was arrested on a federal firearms charge on March 5, 2013.  Leyva-Villalobos has entered a not guilty plea and is scheduled for a change of plea hearing next week.

Rachel Basurto, 52, of Grants, who was arrested on federal drug trafficking charges, and Alberto Lujan-Ruiz, 50, a Mexican national who were residing in San Rafael, who was arrested on a federal firearms charge, have entered not guilty pleas and are pending trial. 

The charges against the defendants who have not entered guilty pleas are merely accusations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

These federal cases were investigated by the DEA and the New Mexico State Police with assistance from the Grants Police Department and are being prosecuted by Assistant U.S. Attorney Joel R. Meyers and Shammara H. Henderson.

ALBUQUERQUE – Jose A. Martinez, 40, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with possession of heroin and cocaine with intent to distribute and possession of firearms in furtherance of a drug trafficking crime.  Martinez remains in custody pending a detention hearing scheduled for June 11, 2013.

Martinez was arrested last night by the DEA after officers of the Bernalillo County Sheriff’s Office executed a state search warrant at his residence on the west side of Albuquerque and seized two kilograms of heroin, a kilogram of cocaine and 17 firearms.

If convicted on the drug trafficking charges in the complaint, Martinez faces a mandatory minimum of ten years to a maximum of life in prison.  If convicted on the firearms charges, Martinez faces five years in prison to be served consecutive to any sentence imposed on the drug trafficking charges.  Charges in criminal complaints are only accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Joel R. Meyers.