District of New Mexico

ALBUQUERQUE – James Ronquillo, 19, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with assault on a federal officer.  Ronquillo remains in custody pending a detention hearing, which has yet to be scheduled.

Ronquillo was arrested yesterday afternoon in southwest Albuquerque by the FBI following a undercover drug transaction during which Ronquillo allegedly delivered 207 grams of suspected crack cocaine to an undercover officer in exchange for $7000. 

According to the criminal complaint, FBI agents and task force officers conducted surveillance of Ronquillo after the transaction and observed him get into a vehicle and drive down the street.  Thereafter, an agent and officer continued surveillance of Ronquillo until they observed Ronquillo driving in the direction of their vehicle.  As Ronquillo drove toward them, the agent, who was wearing a bullet-proof vest with law enforcement markings and the word “Police” across the chest, got out of the front passenger seat of the vehicle while the task force officer remained in the driver’s seat.  Both the agent and officer observed that Ronquillo allegedly was driving towards them at a high rate of speed and continuing to accelerate.  Based on his belief that Ronquillo posed a serious threat of injury or death to the officer and to him, the agent fired his service weapon at Ronquillo immediately before Ronquillo’s vehicle collided with the unmarked vehicle in which the task force officer was seated.

Ronquillo faces a maximum sentence of 20 years in prison if convicted of the charge in the criminal complaint.  Allegations in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque Division of the FBI and Albuquerque Police Department officers assigned to the FBI’s Safe Streets Task Force.  Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.

ALBUQUERQUE – Jason Loera, 44, a political consultant and former resident of Albuquerque, N.M., was arrested Friday in Los Angeles, Calif., by the FBI.  Loera’s arrest was based on an indictment alleging child pornography charges that was filed last week in the U.S. District Court for the District of New Mexico.  Loera made his initial appearance in federal court in Los Angeles earlier this afternoon.  Loera was released on a $20,000.00 bond and under electronic monitoring, and ordered to report to the federal court in Albuquerque to face the charges in the indictment.

The three-count indictment charges Loera with two counts of receiving visual depictions of minors engaged in sexually explicit conduct and one count of possessing visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Loera allegedly committed these offenses in Sept. 2009 and Feb. 2010 in Bernalillo County, N.M.

If convicted of the offenses alleged in the indictment, Loera faces a maximum sentence of not less than five years or more than 20 years in prison.  Loera also would be required to register as a sex offender.  Charges in indictments are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque Division of the FBI and the New Mexico Regional Computer Forensic Laboratory.  It is being prosecuted by Assistant U.S. Attorney John C. Anderson 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 – Brendan Harry, 21, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning to an indictment charging him with three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury.

The charges to which Harry pleaded guilty arise out of a single motor vehicle crash that occurred on March 31, 2012, near Borrego Pass, N.M., on the Navajo Indian Reservation.  Three individuals who were passengers in the vehicle died as a result of injuries they sustained during the crash.  A fourth passenger suffered serious bodily injuries.  All four victims were members of the Navajo Nation.  During today’s plea hearing, Harry admitted that he was driving while intoxicated and caused the death of three of his passengers and serious injury to a fourth passenger when he crashed the vehicle.

Under the terms of his plea agreement, Harry will be sentenced to 57 months in federal prison followed by three years of supervised release.  Harry remains in federal custody pending his sentencing hearing which has yet to be scheduled.

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

ALBUQUERQUE – This morning, a federal jury sitting in Santa Fe, N.M., found Francisco Burciaga, 43, of El Paso, Texas, guilty on a heroin trafficking charge after a four-day trial.  The jury’s guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge of the El Paso Division of the DEA, Chief Eric R. Shelton of the New Mexico Motor Transportation Police and Chief Terry Sisneros of the Raton Police Department.

Burciaga was arrested on a heroin trafficking charge on June 24, 2008, after officers found 32 pounds of heroin secreted in his vehicle during a routine traffic stop in Colfax County, N.M.  In July 2008, Burciaga was indicted and charged with possession of heroin with intent to distribute.  An earlier trial in Nov. 2010 ended in a mistrial and proceedings in the case were stayed during the pendency of an interlocutory appeal.

The retrial of the case began on May 28, 2013, and concluded this morning when the jury returned a guilty verdict against Burciaga on the sole count of the indictment.

The evidence at trial established, on June 24, 2008, a New Mexico Motor Transportation Police officer executed a routine traffic stop of a vehicle driven by Burciaga on Interstate 25 just south of Raton, N.M.  When the officer approached Burciaga, who was traveling alone, Burciaga provided a Texas driver’s license and documents reflecting that the vehicle was registered to him at a Phoenix, Ariz., on June 23, 2008, and insured by him on that same day.  After the officer explained the traffic violation he observed, Burciaga admitted the violation and agreed to pay the fine.

While talking with Burciaga, the officer noticed a strong chemical odor coming from the vehicle and an air freshener hanging from the vehicle’s rear-view mirror.  Together with the vehicle’s recent registration, these observations raised the officer’s suspicions.  As a result, the officer asked Burciaga if he had anything illegal in the vehicle.  Burciaga responded by saying “you can take a look” and opening the vehicle’s hatchback.  Shortly thereafter, a New Mexico State Police officer arrived to assist and noticed fresh tool marks and spray paint on the underside of the vehicle and its back bumper area.  The officers then had a narcotics dog inspect the vehicle and vethe dog reacted to the back bumper area of the vehicle. 

When the officers removed the back bumper from Burciaga’s vehicle, they found a hidden compartment containing 24 sealed packages containing a white powdery substance.  Subsequent laboratory analysis revealed that the packaged contained 14.4 kilograms (32 pounds) of heroin that was 72% pure.  The Chief of the Indications and Warnings Section of DEA’s Intelligence Division in Washington, D.C., who testified as an expert, told the jury that the heroin seized from Burciaga was one of the top ten DEA heroin seizures in the United States in 2008 in terms of weight.  He also testified that, in Chicago, Ill., where Burciaga intended to deliver the heroin, the conservative retail, or street, value of the heroin in 2008 was at least $2,900,000.

Burciaga testified during the defense case, and claimed that he was unaware of the presence of the heroin in his vehicle and suggested that he was an unwitting carrier.

The jury deliberated approximately 30 minutes before returning a guilty verdict against Burciaga.

Burciaga has been in federal custody since his arrest in June 2008, and remains detained pending his sentencing hearing which has yet to be scheduled.  At sentencing, Burciaga faces a maximum penalty of life imprisonment with a mandatory minimum prison sentence of 20 years.  According to court filings, Burciaga’s faces this enhanced penalty because he previously was convicted of a felony drug trafficking crime in a Texas state court in 1996. 

This case was investigated by the Albuquerque office of the DEA, the New Mexico Motor Transportation Police and the Raton Police Department, with assistance from the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorneys Jon K. Stanford and C. Paige Messec.

ALBUQUERQUE – On Tuesday, a federal judge in Las Cruces, N.M., sentenced Basilio Flores, 29, of Carlsbad, N.M., to 78 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm.  Flores’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.

Flores was arrested on Feb. 3, 2012, on a criminal complaint, and has been in federal custody since that time.  Flores pled guilty to an indictment on July 2, 2012, that charged him with unlawfully possessing a .40 caliber semi-automatic pistol on Jan. 16, 2012, in Eddy County, N.M.  At the time, Flores was prohibited from possessing firearms or ammunition because he previously had been convicted of three felonies in the 5th Judicial District Court for the State of New Mexico, including armed robbery with a deadly weapon.

The case was investigated by the Roswell office of the Bureau of Alcohol Tobacco, Explosives and Firearms and the Carlsbad Police Department, and was prosecuted by Assistant U.S. Attorney Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, announced that a federal grand jury has indicted Jamie Estrada, 40, of Los Lunas, N.M., on computer intrusion and false statement charges.  The charges against Estrada arise out of the interception of wire communications intended for others, including New Mexico Governor Susana Martinez and members of her staff.

Counts 1 through 12 of the 14-count indictment allege that Estrada unlawfully intercepted wire communication intended for individuals who had email accounts on an internet domain owned by the Governor’s political organization.  According to the indictment, the unlawful interceptions occurred between July 2011 and June 2012.  Counts 13 and 14 charge Estrada with making false statements to the FBI in Sept. 2012, in which he allegedly denied taking certain actions to unlawfully intercept wire communications as charged in Counts 1 through 12 of the indictment.  Estrada’s arraignment hearing has yet to be scheduled.

In announcing the indictment, U.S. Attorney Gonzales said, “This indictment reflects the high value that my Office places on preserving the integrity of our electronic communications in a digital age.  In a time when so much of our personal, professional and financial information is repeatedly transmitted on a daily basis over email and other means of wire communication, it is of paramount importance that we protect electronic information from being diverted, stolen or otherwise misappropriated.”

Special Agent in Charge Lee added, “Thousands of intrusions into corporate networks, personal computers, and government systems occur daily, threatening our privacy, business secrets and even national security.  The Albuquerque FBI Division has devoted considerable resources into confronting this growing cyber threat, which is why this indictment today is so important to us.  I would like to congratulate the FBI Special Agents and professional staff for their hard work on this case, as well as the U.S. Attorney's Office.  The FBI will continue to aggressively pursue individuals who would violate other people’s privacy not by breaking into homes and offices, but by sneaking into computers and wireless devices.”

According to the indictment, in summer 2009, Governor Martinez, who was then the District Attorney in Dona Ana County, N.M., began assembling a political campaign as she prepared to enter the Nov. 2010 gubernatorial race.  In July 2009, one of the Governor’s early political supporters registered an internet domain that was designated as www.susana2010.com (the Domain) for a two-year period through an online service.  The supporter then donated the Domain, including its username and password, to the Governor’s political organization.  The username and password were required for making administrative changes to the Domain, including posting content to the Domain’s website and creating email accounts associated with the Domain.  The username and password also were required to renew the registration for the Domain, which was scheduled to expire on July 18, 2011.  As the owner of the Domain, the Governor’s political organization had the exclusive right to renew the registration before it expired and during a 42-day grace period following the expiration date.

The indictment alleges that, during the gubernatorial campaign, the Domain became an important tool for the Governor’s political organization.  Members of the campaign staff, including Governor Martinez, maintained email accounts on the Domain which they used to communicate with each other as well with the Governor’s political supporters and the media.  Estrada allegedly joined the Governor’s political organization as the campaign manager in July 2009, and, in that capacity, was provided with the username and password for the Domain.  Estrada allegedly left the campaign in Dec. 2009.  Before his departure, the Governor allegedly sent Estrada an email requesting that he return all information belonging to the campaign, including any usernames and passwords to any accounts.

After Governor Martinez was inaugurated in Jan. 2011, the Governor, members of her staff and others continued to use the email accounts associated with the Domain.  In July 2011, individuals who had email accounts on the Domain began receiving reports that emails sent to those accounts were bouncing back to the senders and soon determined that the emails were not getting delivered because the Domain had expired.  Their efforts to re-register the Domain were unsuccessful because they could not locate or recall the Domain’s username and password.  In July 2011 and as part of their efforts to locate the username and password, the Governor’s staff allegedly asked Estrada to provide this information and Estrada allegedly refused to comply with the request.

According to the indictment, in late July 2011, Estrada allegedly used the username and password to renew the Domain and to change the Domain’s settings so that, instead of going to their intended recipients, incoming email communications were directed to an email account on a different domain that was controlled by Estrada.  As a result, between late July 2011 and June 2012, Estrada allegedly received email communications intended for recipients, including Governor Martinez and members of her staff, who had email accounts associated with the Domain.

An indictment merely alleges that crimes have been committed, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys John C. Anderson and Fred J. Federici.

Indictment

ALBUQUERQUE – Frederick Gonzales, 42, and his wife Carey Gonzales, 36, both of Albuquerque, N.M., pleaded guilty this morning to federal child pornography charges announced U.S. Attorney Kenneth J. Gonzales, New Mexico Attorney General Gary K. King, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Bernalillo County Sheriff Dan Houston.

Frederick and Carey Gonzales were arrested on state child pornography charges on Jan. 11, 2013.  At that time, Frederick Gonzales was the incoming president of Albuquerque’s Young America Football League (YAFL), and Carey Gonzales was employed as a kindergarten teacher’s aide by the Albuquerque Public Schools (APS).  Shortly thereafter, the YAFL removed Frederick Gonzales from his position with the organization and APS fired Carey Gonzales.  The couple subsequently was arrested on criminal complaints alleging federal child pornography charges on Jan. 18, 2013, by members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.

Frederick and Carey Gonzales were indicted on Feb. 6, 2013.  The six-count indictment charged Frederick Gonzales 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, Frederick Gonzales committed these offenses in Bernalillo County between July 2012 and Jan. 2013.  The indictment charged Carey Gonzales with one count of possession of visual depictions of minors engaged in sexually explicit conduct and alleged that she committed the offense in Bernalillo County in Jan. 2013.

Court filings reflect that the charges against Frederick and Carey Gonzales were the result of an undercover investigation that was initiated by the New Mexico Attorney General’s Office in Sept. 2012, and identified an IP Address subscribed to Frederick Gonzales as one that was used to possess, receive and distribute child pornography.  As a result of the investigation,  on Jan. 11, 2013, the Bernalillo County Sheriff’s Office executed a search warrant at the Gonzales residence and seized computers and computer-related media that contained videos and images consistent with child pornography. 

This morning, Frederick Gonzales entered a guilty plea to Count 1 of the indictment charging him with receipt of child pornography.  Under the terms of his plea agreement, he will be sentenced to 97 months in federal prison followed by a term of supervised release to be determined by the Court.  Gonzales also will be required register as a sex offender.  In entering his guilty plea, Frederick Gonzales admitted that, on Jan. 11, 2013, he voluntarily participated in a recorded interview during which he admitted watching child pornography videos.  He also admitted that he had been downloading child pornography videos using a file-sharing program for approximately six months.

Carey Gonzales entered a guilty plea to Count 6 of the indictment charging her with possession of child pornography.  Under the terms of her plea agreement, Carey Gonzales will be sentenced to 36 months in federal prison followed by 20 years of supervised release.  She also will be required to register as a sex offender.  During her plea hearing, Carey Gonzales admitted that she too participated in a voluntary recorded interview while the search warrant was being executed at her residence on Jan. 11, 2013.  During that interview, Carey Gonzales admitted watching child pornography videos that her husband downloaded and saved.

Frederick Gonzales has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Carey Gonzales was remanded into federal custody after entering her guilty plea.  She too will remain in custody pending her sentencing hearing, which has yet to be scheduled.

The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees, and was investigated by the following members of the New Mexico ICAC Task Force:  the New Mexico Attorney General’s Office, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensic Lab.

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

            The case also was brought as part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Luke Spencer, 48, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to an involuntary manslaughter charge under a plea agreement with the U.S. Attorney’s Office.

Spencer and his cousin and co-defendant, Thomas Benally, 53, a Navajo man who also resides in Gallup, N.M., were indicted on March 1, 2012.  The indictment charged Benally with second degree murder and 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, Spencer entered a guilty plea to a felony information charging him with involuntary manslaughter.  In his plea agreement, Spencer admitted that, on the evening of Oct. 2, 2010, he permitted Benally to drive his truck even though he knew that Benally was intoxicated.  While driving the truck with Spencer’s permission and with Spencer as a passenger, Benally ran over their uncle, a 71-year-old Navajo man.  Spencer acknowledged that Benally and he 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 and his remains were found by a passerby on Oct. 7, 2010.  Today, Spencer admitted that he contributed to the victim’s death by giving the keys to his truck to Benally and permitting him to drive while intoxicated. 

At sentencing, Spencer faces a maximum penalty of eight years in prison.  Under the terms of the plea agreement, the second degree murder charge against Spencer will be dismissed after he is sentenced.

Benally has been in federal custody since his arrest on March 13, 2012.  He has entered a not guilty plea to the second degree murder charge against him, which is merely an accusation.  Benally is presumed innocent unless found guilty beyond a reasonable doubt.

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 – Michael Capps, 52, and his wife Roberta Capps, 52, both of Truth or Consequences, N.M., appeared in Las Cruces federal court this morning on criminal complaints charging them with conspiracy and the unlawful distribution of the prescription painkillers Oxymorphone and Oxycontin.  Roberta Capps waived a preliminary hearing and entered a not guilty plea to the charges against her before being released on conditions of release pending trial.  Michael Capps remains in custody pending a preliminary hearing and a detention hearing scheduled for May 29, 2013.

Michael and Roberta Capps were arrested on May 21, 2013, on criminal complaints alleging that they unlawfully distributed quantities of Oxycontin and Oxymorphone to a DEA confidential source on three occasions between Dec. 10, 2012 and Jan. 15, 2013.  The complaints allege that Michael and Roberta Capps sold 30 10mg pills of Oxycontin to the confidential source for $340 on Dec. 10, 2012, at the couple’s residence in Truth or Consequences.

According to the complaints, on Dec. 18, 2012, Roberta Capps allegedly sold 60 15mg pills of Oxycontin and five 10mg pills of Oxycontin to the confidential source for $950.  During the transaction, Roberta Capps allegedly stated that Michael Capps had obtained the pills from a pharmacy and was aware of the transaction between her and the confidential source.

On Jan. 15, 2013, Roberta Capps allegedly sold 48 10mg pills of Oxycontin, five 60mg pills of Oxycontin and 60 20mg pills of Oxymorphone to the confidential source in Truth or Consequences.  During a recorded conversation, Roberta Capps allegedly stated that Michael Capps had obtained the Oxymorphone and she had obtained the Oxycontin that she sold to the confidential source.  Roberta Capps also allegedly acknowledged knowing that it was a felony offense to sell the pills.

If convicted of the offenses charged in the criminal complaints, Michael and Roberta Capps each face a maximum penalty of 20 years in prison.  Charges in criminal complaints are merely accusations and all defendants are presumed innocent unless found guilty beyond a reasonable doubt.

These cases were investigated by the Las Cruces office of the DEA and the Truth or Consequences Police Department and are being prosecuted by Assistant U.S. Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Earlier today, Heather Atole, 28, a member of the Jicarilla Apache Nation, was sentenced in Las Cruces federal court to 20 months in federal prison followed by two years of supervised release for her federal assault conviction.  Atole also was ordered to pay $49,321.07 in restitution to cover the cost of medical treatment for the victim.

Atole initially was arrested by the Mescalero Agency of the BIA’s Office of Justice Services on tribal charges on Aug. 21, 2011, based on an assault that occurred on June 27, 2011.  She subsequently was arrested by the FBI on a federal criminal complaint on Nov. 22, 2011, and was indicted on Nov. 30, 2011.  The indictment charged Atole with (1) assault with a dangerous weapon and (2) assault resulting in serious bodily injury.

According to court filings, Atole repeatedly stabbed a 28-year-old Navajo woman in the early hours of June 27, 2011, during a party at a residence located on the Mescalero Apache Reservation.  The victim sustained stab wounds to the upper torso, shoulder and back.  Atole later told law enforcement officers that she stabbed the victim because she saw the victim kiss her boyfriend.

On Sept. 11, 2012, Atole pleaded guilty to both counts of the indictment.  In entering her guilty plea, Atole admitted stabbing the victim four times with an eight-inch kitchen knife because she perceived the victim to be a romantic rival.  Atole has been in federal custody since entering her guilty plea.

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 was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – U.S. Attorney Kenneth J. Gonzales and John Billison, Director of the Navajo Nation Division of Public Safety announced that Tina Benally, 38, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a federal assault charge.

Benally was indicted on Feb. 27, 2013, and charged with (1) assault resulting in serious bodily injury and (2) child abuse.  Benally was arrested on March 6, 2013, and has been in federal custody since that time.

During today’s proceedings, Benally pled guilty to the assault charge and admitting that on March 2, 2012, after drinking alcohol, she drove her vehicle at excessive speeds and crashed into a semi-truck.  There were two passengers, including a minor child, in Benally’s vehicle at the time of the collision and the adult passenger suffered multiple fractures that required surgery.

Benally remains in federal custody until her sentencing hearing, which has yet to be scheduled.  At sentencing, Benally 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 Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Julio Francia, 22, of Albuquerque, N.M., pled guilty this morning to robbing five Albuquerque-area businesses and to carrying a firearm during a crime of violence under a plea agreement with the U.S. Attorney’s Office.  Francia’s guilty plea 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.

According to court filings, Francia was arrested on state charges on Oct. 17, 2012, on allegations that he committed an armed robbery at a Subway Restaurant located at 8520 Montgomery Blvd. NE in Albuquerque.  After Francia admitted committing a number of armed at commercial businesses in Albuquerque, including the Subway Restaurant, between Aug. 2012 and Oct. 2012, the 2nd Judicial District Attorney’s Office charged Francia with numerous armed robbery offenses.

On Nov. 27, 2012, Francia was federally indicted and charged with violating the Hobbs Act by robbing a business engaged in interstate commerce and using a firearm during a crime of violence.  The charges in the indictment arose out of the armed robbery of the Subway Restaurant on Oct. 17, 2012.  On Feb. 6, 2013, Francia was transferred from state custody to federal custody to face the charges in the federal indictment and the state charges against Francia subsequently were dismissed.

During this morning’s proceedings, Francia pleaded guilty to the indictment charging him with a Hobbs Act robbery at the Subway Restaurant on Oct. 17, 2012, and using a firearm during a crime on violence on that same day.  Francia also entered a guilty plea to a four-count felony information charging him with committing Hobbs Act armed robberies at the following Albuquerque businesses:  (1) the Auto Zone, located at 12904 Lomas Blvd. NE, on Aug. 15, 2012; (2) the Auto Zone, located at 8820 Montgomery Blvd. NE, on Sept. 21, 2012; (3) the Taco Bell, located at 320 Eubank Blvd. NE, on Oct. 3, 2012; and (4) the Twister’s Restaurant, located at 740 Juan Tabo NE, on Oct. 4, 2012.

Francia has been in federal custody since Feb. 2012, and remains detained pending his sentencing hearing, which has yet to be set.  Under the terms of the plea agreement, Francia will be sentenced to a federal prison term of 15 to 20 years.

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.  It 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 2nd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict this afternoon against Cody Allen Little, 34, of Lovington, N.M., on a two-count superseding indictment alleging violations of the federal firearms laws after a two-day trial.  The verdict was announced by U.S. Attorney Kenneth J. Gonzales, 5th Judicial District Attorney Janetta B. Hicks, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment.  The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M.  At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County:  (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.  

According to the evidence at trial, on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington that was owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen.  Within days, law enforcement authorities and the FFL received tips that led officers to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.

On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips.  While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight.  When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position.  Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.

After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living.  The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house.  The second, a 12 gauge shotgun, was found under the bed in the well-house.  Two shot gun shells were found on a shelf above the bed.  Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011.  After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011. 

The jury deliberated approximately 50 minutes before returning a guilty verdict on both counts of the superseding indictment.

The state charges against Little were dismissed after he was arrested on federal charges.  Little has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled.  Little faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal.  In that event, Little faces a mandatory minimum sentence of 15 years in prison.
           
U.S. Attorney Kenneth J. Gonzales said that the case was prosecuted 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.

District Attorney Janetta B. Hicks noted, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in southeastern New Mexico.  It is imperative to remove armed felons from our community.”

“Anytime we can prevent a prohibited felon from possessing this much firepower, our communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team, in addition to the dedicated ATF agents and local law enforcement that perfected this criminal case.”

            The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga, Shaheen P. Torgoley and Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict this afternoon against Cody Allen Little, 34, of Lovington, N.M., on a two-count superseding indictment alleging violations of the federal firearms laws after a two-day trial.  The verdict was announced by U.S. Attorney Kenneth J. Gonzales, 5th Judicial District Attorney Janetta B. Hicks, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment.  The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M.  At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County:  (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.  

According to the evidence at trial, on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington that was owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen.  Within days, law enforcement authorities and the FFL received tips that led officers to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.

On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips.  While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight.  When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position.  Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.

After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living.  The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house.  The second, a 12 gauge shotgun, was found under the bed in the well-house.  Two shot gun shells were found on a shelf above the bed.  Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011.  After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011. 

The jury deliberated approximately 50 minutes before returning a guilty verdict on both counts of the superseding indictment.

The state charges against Little were dismissed after he was arrested on federal charges.  Little has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled.  Little faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal.  In that event, Little faces a mandatory minimum sentence of 15 years in prison.
           
U.S. Attorney Kenneth J. Gonzales said that the case was prosecuted 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.

District Attorney Janetta B. Hicks noted, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in southeastern New Mexico.  It is imperative to remove armed felons from our community.”

“Anytime we can prevent a prohibited felon from possessing this much firepower, our communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team, in addition to the dedicated ATF agents and local law enforcement that perfected this criminal case.”

            The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga, Shaheen P. Torgoley and Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict this afternoon against Cody Allen Little, 34, of Lovington, N.M., on a two-count superseding indictment alleging violations of the federal firearms laws after a two-day trial.  The verdict was announced by U.S. Attorney Kenneth J. Gonzales, 5th Judicial District Attorney Janetta B. Hicks, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment.  The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M.  At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County:  (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.  

According to the evidence at trial, on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington that was owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen.  Within days, law enforcement authorities and the FFL received tips that led officers to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.

On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips.  While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight.  When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position.  Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.

After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living.  The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house.  The second, a 12 gauge shotgun, was found under the bed in the well-house.  Two shot gun shells were found on a shelf above the bed.  Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011.  After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011. 

The jury deliberated approximately 50 minutes before returning a guilty verdict on both counts of the superseding indictment.

The state charges against Little were dismissed after he was arrested on federal charges.  Little has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled.  Little faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal.  In that event, Little faces a mandatory minimum sentence of 15 years in prison.
           
U.S. Attorney Kenneth J. Gonzales said that the case was prosecuted 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.

District Attorney Janetta B. Hicks noted, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in southeastern New Mexico.  It is imperative to remove armed felons from our community.”

“Anytime we can prevent a prohibited felon from possessing this much firepower, our communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team, in addition to the dedicated ATF agents and local law enforcement that perfected this criminal case.”

            The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga, Shaheen P. Torgoley and Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Jordan Vigil, 27, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning to a two-count indictment charging him with possession of marijuana with intent to distribute, and possession of psilocin (mushrooms) with intent to distribute.  Vigil entered his guilty plea without the benefit of any plea agreement.

Vigil was arrested on Jan. 18, 2013, following the filing of the indictment on Jan. 10, 2013.  The indictment alleges that Vigil was in possession of distribution amounts of marijuana and psilocin on March 10, 2012, in Rio Arriba County.  This morning, Vigil entered a guilty plea to the indictment.

At sentencing, Vigil faces a maximum penalty of five years in prison on the marijuana charge and twenty years on the psilocin charge.  His sentencing hearing has yet to be scheduled.

The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE –Derek Yabeny, 27, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced this morning to 25 months in prison followed by three years of supervised release for his assault conviction.  Yabeny also was ordered to participate in domestic violence counseling and counseling for substance abuse.

Yabeny was arrested on a criminal complaint in Oct. 2012, and has been in custody since that time.  He subsequently was indicted and charged with assault resulting in serious bodily injury, and abandonment or abuse of a child.  According to the criminal complaint, on Oct. 7, 2012, Yabeny assaulted his girlfriend, who is the mother of his two-year old toddler.  At the time of the assault, the victim was carrying her infant daughter.  The victim sustained two orbital fractures as a result of the assault. 

On Feb. 19, 2013, Yabeny entered a guilty plea to Count one of the indictment.  Yabeny admitted assaulting the victim, a Navajo woman, by striking her with his fists and causing her to suffer serious bodily injury.  The assault occurred on the grounds of the Shiprock Fair, which are located on the Navajo Indian Reservation, on Oct. 7, 2012.

As required by the terms of the plea agreement, Count 2 of the indictment, the child abuse charge, was dismissed after Yabeny was sentenced.

The case was investigated by the Albuquerque office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Special Assistant U.S. Attorney David M. Adams. 

This 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 – Jonathan Matthew Sandoval, 26, of Albuquerque, N.M., entered a guilty plea this morning to being a felon in possession of ammunition.  Under the terms of his plea agreement, Sandoval will be sentenced to 15 years in federal prison.  Sandoval’s guilty plea 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.

Sandoval pled guilty to Count 1 of a superseding indictment charging him with unlawfully possessing ammunition in Aug. 2011, in Bernalillo County, N.M.  At the time, Sandoval was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses in the 2nd Judicial District Court for the State of New Mexico, including four residential burglaries, an escape from community custody release program, and possession of a controlled substance.  Sandoval also previously had been convicted of residential burglary in the 13th Judicial District Court for the State of New Mexico.

During today’s proceedings, Sandoval admitted possessing 30 cartridges of ammunition on Aug. 24, 2011, found in the trunk of his vehicle by law enforcement officers.  Sandoval admitted telling the officers that the ammunition belonged to him and that he had purchased the ammunition at a shooting range.

Sandoval has been in federal custody since Dec. 2011, when he was transferred from state custody to face the charges in this case.  Sandoval will remain detained pending his sentencing hearing, which has yet to be scheduled, when he will be sentenced under the Armed Career Criminal Act, which requires a mandatory minimum 15 year prison sentence for career criminals.

Sandoval was prosecuted 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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office.  It is being prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.

ALBUQUERQUE – Shelly Nichols, 42, of Albuquerque, N.M., pleaded guilty this morning to identity theft and aggravated identity theft charges.  Nichols’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and Richard Ferretti, Resident Agent in Charge of the Albuquerque Resident Office of the U.S. Secret Service.

Nichols, who is now known by her married name Shelly Lopez, and her co-defendant, Donna Gabaldon, 41, of Rio Rancho, N.M., were charged in March 2012, in a 60-count indictment alleging identity theft, passing counterfeit checks with the intent to deceive bank officials, and aggravated identity theft charges. 

During this morning’s proceedings, Nichols pleaded guilty to one count of identity theft and two counts of aggravated identity theft.  Nichols admitted that from Oct. 2009 through June 2010, she and Gabaldon cashed fake payroll checks at Wal-Mart stores in New Mexico, Arizona, Utah, Colorado and Texas.  According to the plea agreement, Nichols created fake drivers’ licenses with false names, addresses and license numbers that had photographs of herself or Gabaldon on them.  Nichols also created fake checks made payable to the individuals identified in the fake drivers’ licenses.  Nichols and Gabaldon then used the fake drivers’ licenses to cash the fake checks at Wal-Mart stores.  When cashing the fake checks, Nichols and Gabaldon used the social security numbers of real people who did not know the women were using their social security numbers and had not given them permission to do so.  Gabaldon gave Nichols half of the money that she obtained from cashing the fake checks.

In her plea agreement, Nichols admitted that Gabaldon and she fraudulently received at least $141,233.57 by cashing fake payroll checks at Wal-Mart stores.  Nichols and Gabaldon obtained additional cash and other items of value by making purchases using fake personal checks that Nichols printed.

Under the terms of the plea agreement, Nichols will be sentenced to 25 months in federal prison followed by five years of supervised release.  Nichols also will have to pay $141,233.57 in restitution to the victims of her criminal conduct.  The restitution is to be paid jointly by Nichols and Gabaldon.  Nichols also will forfeit a 2009 Hummer, computers and other electronic equipment.  Nichols remains on conditions of release pending her sentencing hearing, which has not yet been scheduled.

Gabaldon pleaded guilty on May 25, 2012, to two counts of aggravated identity theft.  On Sept. 19, 2012, Gabaldon was sentenced to 24 months in prison followed by a year of supervised release.

“Shelly Nichols was a top five Property Crime Offender in the city of Albuquerque and State of New Mexico when she was arrested in this case,” said Richard Ferretti, Resident Agent in Charge of the Albuquerque Resident Office of the U.S. Secret Service.  “Identity theft related investigations are a top priority of the U.S. Secret Service in Albuquerque, and we work closely with our partners in the Albuquerque Financial Crimes Task Force to aggressively investigate, arrest, and prosecute those committing these crimes.”

            U.S. Attorney Kenneth J. Gonzales commended the U.S. Secret Service special agents who investigated the case and Assistant U.S. Attorney Cynthia L. Weisman who prosecuted the case.

ALBUQUERQUE – Lorenzo Begay, 49, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this afternoon to an aggravated sexual abuse charge.  Under the terms of the plea agreement, Begay will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court.  Begay also will be required to register as a sex offender.

Begay was arrested in Jan. 2012, on a criminal complaint alleging that he sexually abused a child under the age of 12 from July 2010 through June 2011, within the boundaries of the Navajo Nation Reservation.  Begay subsequently was indicted on that same charge.  According to court filings, the investigation into Begay was initiated after law enforcement authorities received a referral from the Navajo Nation Division of Social Services after the child victim disclosed the sexual abuse to a school social worker.

During today’s hearing, Begay entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim.  Begay was remanded into the custody of the U.S. Marshals Service after entering his guilty plea.  He will remain detained pending his sentencing hearing, which has yet to be scheduled.

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

ALBUQUERQUE – In Jan. 2012, the owners and operators of a pecan farm in Anthony, N.M., their two sons and four others were arrested on a 24-count indictment alleging federal drug trafficking and money laundering offenses.  A ninth defendant, who was separately charged, also was arrested.  By Aug. 2012, all nine defendants had pleaded guilty either to drug trafficking or money laundering charges, or both.  Today, the case concluded with the sentencing of Sandra L. Portillo.

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

The individuals charged in the indictment included Oscar L. Portillo, Sr., 55, and his wife Sandra L. Portillo, 52, who were part owners and operators of “Pettit Farms and Nursery,” a pecan farm and nursery in Anthony (the pecan farm), and their sons, Matthew Portillo, 27, and Oscar Portillo, Jr., 30.  Also charged were Cesar Ramos, 33, Fernando A. Ramos, 41, and Ruben Ortiz-Rivera, 48, of El Paso, Tex., and Natasha N. Coronado, 24, of Vinton, Tex.  April Garcia, 37, a codes enforcement officer employed by the Horizon City (Texas) Police Department, was charged with money laundering in a criminal complaint.

Count 1 of the indictment charged all eight defendants with conspiracy to distribute cocaine and heroin.  Count 2 charged certain defendants with maintaining a place for storing and distributing drugs.  Counts 3, 5, 9 and 21 charged certain defendants with distributing cocaine and aiding and abetting the distribution of cocaine.  Count 11 charged certain defendants with conspiracy to launder money and Counts 4, 6, 7, 8, 10, 12, 13, 14, 16, 22 and 23 charged certain defendants with money laundering.  Count 15 charged certain defendants with distribution of heroin.  Counts 17, 18, 19 and 20 charged certain defendants with using communication devises to further the commission of drug trafficking crimes.  Count 24 charged certain defendants with possession of cocaine with intent to distribute.

During their respective plea hearings, the defendants admitted conspiring to distribute cocaine and heroin in Dona Ana County, N.M., between Sept. 2011 and Jan. 2012.  Oscar L. Portillo, Sr., and Sandra L. Portillo used the pecan farm as a place to store and sell drugs, and the Portillos and their sons sold drugs to an undercover agent on five separate occasions.  The Portillos laundered the proceeds from some of these drug deals by (i) asking the undercover agent pay for the drugs with money orders which they subsequently cashed and deposited into bank accounts in the name of the pecan farm, and (ii) providing the agent with invoices that falsely asserted that the agent purchased pecan trees.  Cesar Ramos and Fernando Ramos and their subordinate, Ruben Ortiz-Rivera, were the sources of drug supply for the Portillo family.

Oscar L. Portillo, Sr., was charged in Counts 1 through 16, and 21 through 24 of the indictment.  Portillo pleaded guilty to each of these counts in Aug. 2012, and was sentenced to 98 months in prison followed by four years of supervised release on May 8, 2013.

Sandra L. Portillo was charged in Counts 1, 2, 10 through 14, and 18 of the indictment.  Portillo pled guilty to each of these counts in Aug. 2012.  Earlier today, Portillo was sentenced to 15 months in prison followed by three years of supervised release. 

Oscar L. Portillo, Sr. and Sandra L. Portillo also were ordered to forfeit $135,735.64, the value of their ownership interest in the pecan farm which was sold after they were arrested.  The court also entered a money judgment in the amount of $17,900.00 against the Portillos and their son Matthew Portillo.

Matthew Portillo was charged in Counts 1, 3, 4, 5, 6, 17, 18, 20 and 24 of the indictment.  Portillo pled guilty to each of these counts in Aug. 2012, and was sentenced on May 8, 2013, to five years in prison followed by four years of supervised release.

Oscar Portillo, Jr., was charged in Counts 1, 17, 22 and 23 of the indictment.  In May 2012, Portillo pleaded guilty to Count 23 of the indictment, and on Sept. 26, 2012, he was sentenced to 15 months in prison followed by three years of supervised release.

Cesar Ramos was charged in Counts 1, 3, 15, 16, 19, 21, 22 and 23 of the indictment.  In Aug. 2012, Cesar Ramos pleaded guilty to each of these counts, and on March 26, 2013, he was sentenced to ten years in prison.  Ramos is a Mexican national and he will be deported after he completes his prison sentence.

Fernando Ramos was charged in Count 1 of the indictment.  In Aug. 2012, Ramos pleaded guilty to that count, and on Jan. 30, 2013, he was sentenced to 30 months in prison followed by three years of supervised release.

Natasha N. Coronado was charged in Counts 1 and 20 of the indictment.  In May 2012, Coronado pled guilty to those two counts, and on Aug. 24, 2012, she was sentenced to time served (212 days) followed by three years of supervised release.

Ruben Ortiz-Rivera was charged in Counts 1 and 19 of the indictment.  In May 2012, Ortiz-Rivera pled guilty to those two counts, and on April 17, 2013, he was sentenced to 15 months in prison.  Ortiz-Rivera is a Mexican national and he will be deported after he completes his prison sentence.

In May 2012, April Garcia pleaded guilty to a felony information charging her with conspiracy to launder money.  On Feb. 12, 2013, Garcia was sentenced to a one-year term of probation.

            The cases were prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Sarah M. Davenport, and were investigated by DEA, IRS Criminal Investigation and FBI, with support from the Bureau of Alcohol, Tobacco, Firearms & Explosives, the New Mexico State Police, the Las Cruces Police Department, the El Paso County Sheriff’s Office, and the Las Cruces Metro Narcotics Task Force.  These cases were the result of a multi-agency investigation brought under 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.

ALBUQUERQUE – In Jan. 2012, the owners and operators of a pecan farm in Anthony, N.M., their two sons and four others were arrested on a 24-count indictment alleging federal drug trafficking and money laundering offenses.  A ninth defendant, who was separately charged, also was arrested.  By Aug. 2012, all nine defendants had pleaded guilty either to drug trafficking or money laundering charges, or both.  Today, the case concluded with the sentencing of Sandra L. Portillo.

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

The individuals charged in the indictment included Oscar L. Portillo, Sr., 55, and his wife Sandra L. Portillo, 52, who were part owners and operators of “Pettit Farms and Nursery,” a pecan farm and nursery in Anthony (the pecan farm), and their sons, Matthew Portillo, 27, and Oscar Portillo, Jr., 30.  Also charged were Cesar Ramos, 33, Fernando A. Ramos, 41, and Ruben Ortiz-Rivera, 48, of El Paso, Tex., and Natasha N. Coronado, 24, of Vinton, Tex.  April Garcia, 37, a codes enforcement officer employed by the Horizon City (Texas) Police Department, was charged with money laundering in a criminal complaint.

Count 1 of the indictment charged all eight defendants with conspiracy to distribute cocaine and heroin.  Count 2 charged certain defendants with maintaining a place for storing and distributing drugs.  Counts 3, 5, 9 and 21 charged certain defendants with distributing cocaine and aiding and abetting the distribution of cocaine.  Count 11 charged certain defendants with conspiracy to launder money and Counts 4, 6, 7, 8, 10, 12, 13, 14, 16, 22 and 23 charged certain defendants with money laundering.  Count 15 charged certain defendants with distribution of heroin.  Counts 17, 18, 19 and 20 charged certain defendants with using communication devises to further the commission of drug trafficking crimes.  Count 24 charged certain defendants with possession of cocaine with intent to distribute.

During their respective plea hearings, the defendants admitted conspiring to distribute cocaine and heroin in Dona Ana County, N.M., between Sept. 2011 and Jan. 2012.  Oscar L. Portillo, Sr., and Sandra L. Portillo used the pecan farm as a place to store and sell drugs, and the Portillos and their sons sold drugs to an undercover agent on five separate occasions.  The Portillos laundered the proceeds from some of these drug deals by (i) asking the undercover agent pay for the drugs with money orders which they subsequently cashed and deposited into bank accounts in the name of the pecan farm, and (ii) providing the agent with invoices that falsely asserted that the agent purchased pecan trees.  Cesar Ramos and Fernando Ramos and their subordinate, Ruben Ortiz-Rivera, were the sources of drug supply for the Portillo family.

Oscar L. Portillo, Sr., was charged in Counts 1 through 16, and 21 through 24 of the indictment.  Portillo pleaded guilty to each of these counts in Aug. 2012, and was sentenced to 98 months in prison followed by four years of supervised release on May 8, 2013.

Sandra L. Portillo was charged in Counts 1, 2, 10 through 14, and 18 of the indictment.  Portillo pled guilty to each of these counts in Aug. 2012.  Earlier today, Portillo was sentenced to 15 months in prison followed by three years of supervised release. 

Oscar L. Portillo, Sr. and Sandra L. Portillo also were ordered to forfeit $135,735.64, the value of their ownership interest in the pecan farm which was sold after they were arrested.  The court also entered a money judgment in the amount of $17,900.00 against the Portillos and their son Matthew Portillo.

Matthew Portillo was charged in Counts 1, 3, 4, 5, 6, 17, 18, 20 and 24 of the indictment.  Portillo pled guilty to each of these counts in Aug. 2012, and was sentenced on May 8, 2013, to five years in prison followed by four years of supervised release.

Oscar Portillo, Jr., was charged in Counts 1, 17, 22 and 23 of the indictment.  In May 2012, Portillo pleaded guilty to Count 23 of the indictment, and on Sept. 26, 2012, he was sentenced to 15 months in prison followed by three years of supervised release.

Cesar Ramos was charged in Counts 1, 3, 15, 16, 19, 21, 22 and 23 of the indictment.  In Aug. 2012, Cesar Ramos pleaded guilty to each of these counts, and on March 26, 2013, he was sentenced to ten years in prison.  Ramos is a Mexican national and he will be deported after he completes his prison sentence.

Fernando Ramos was charged in Count 1 of the indictment.  In Aug. 2012, Ramos pleaded guilty to that count, and on Jan. 30, 2013, he was sentenced to 30 months in prison followed by three years of supervised release.

Natasha N. Coronado was charged in Counts 1 and 20 of the indictment.  In May 2012, Coronado pled guilty to those two counts, and on Aug. 24, 2012, she was sentenced to time served (212 days) followed by three years of supervised release.

Ruben Ortiz-Rivera was charged in Counts 1 and 19 of the indictment.  In May 2012, Ortiz-Rivera pled guilty to those two counts, and on April 17, 2013, he was sentenced to 15 months in prison.  Ortiz-Rivera is a Mexican national and he will be deported after he completes his prison sentence.

In May 2012, April Garcia pleaded guilty to a felony information charging her with conspiracy to launder money.  On Feb. 12, 2013, Garcia was sentenced to a one-year term of probation.

            The cases were prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Sarah M. Davenport, and were investigated by DEA, IRS Criminal Investigation and FBI, with support from the Bureau of Alcohol, Tobacco, Firearms & Explosives, the New Mexico State Police, the Las Cruces Police Department, the El Paso County Sheriff’s Office, and the Las Cruces Metro Narcotics Task Force.  These cases were the result of a multi-agency investigation brought under 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.

ALBUQUERQUE – Robin Cash, 56, of Albuquerque, N.M., pleaded guilty this morning to a seven-count indictment charging her with four counts of theft concerning programs receiving federal funds, and three counts of willful failure to file a tax return.  Cash entered her guilty plea without the benefit of any plea agreement.  Cash’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.

At the time of the offenses to which she pleaded guilty, Cash was employed as the Executive Director of the La Pasada Halfway House (La Pasada), a residential center in Albuquerque that provides housing for defendants in the federal criminal justice system, including those awaiting trial and those who are re-entering society after serving a prison sentence.  Court filings reflect that the Pretrial Services Office (PTS) of the U.S. District Court for the District of New Mexico contracted with the not-for-profit corporation that operates La Pasada to cover the costs of providing a custodial residential environment for federal defendants.  PTS made monthly payments of approximately $60,000 to $80,000 to La Pasada to cover these costs, and La Pasada deposited the funds in its business bank account.

According to the indictment, after Cash became Executive Director of La Pasada in April 2008, she was added as a signatory on the halfway house’s business bank account and received a debit card for the account.  Between Sept. 2008 and Jan. 2011, Cash made unauthorized debits to La Pasada’s business bank account and used the proceeds for her own benefit and not for La Pasada’s benefit.  The unauthorized debits included checks written for services that were never provided to La Pasada; ATM withdrawals at various Albuquerque locations, including casinos; and debit card charges at casinos in Las Vegas, Nev. 

In April 2010, Cash opened a checking account and corresponding bank account in the name of La Pasada without authorization.  Thereafter and until Feb. 2011, Cash regularly took funds that La Pasada residents were required to pay to defray their housing costs and deposited the funds into the unauthorized account.  She then used the funds to pay for personal expenses that did not benefit La Pasada.

During today’s plea hearing, Cash pleaded guilty to Counts 1 through 4 of the indictment and admitted that, while acting as an agent of an organization that received at least $10,000 in funds on an annual basis under a federal program, she embezzled funds from the organization and converted those funds for her own use.  Cash also pleaded guilty to Counts 5 through 7 of the indictment and admitted that she failed to federal file income returns for calendar years 2008, 2009 and 2010.

At sentencing, Cash faces a maximum penalty of ten years in prison on each of the four theft offenses and a maximum penalty of one year in prison on each of the three tax offenses.  Her sentencing date has yet to be scheduled.
                                                                                                           
The case was investigated by IRS Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney John C. Anderson.

ALBUQUERQUE – Lauren Christine Nunez, 20, of Tucson, Ariz., pleaded guilty this afternoon in Las Cruces federal court to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.  Her co-defendant Kevin James Fitzgerald, 19, also of Tucson, pleaded guilty to the same methamphetamine trafficking charges on April 16, 2013.

Nunez and Fitzgerald were arrested on the night of Jan. 19, 2013, and charged with methamphetamine trafficking offenses after Border Patrol agents found 9.2 pounds of methamphetamine in a vehicle Nunez was driving and in which Fitzgerald was a passenger at the U.S. Border Patrol checkpoint on New Mexico Highway 26 near Truth or Consequences, N.M.  The methamphetamine, which was contained in tin foil and cellophane-wrapped bundles, was discovered after a narcotics canine alerted to the vehicle thus indicating that the vehicle contained controlled substances.

This afternoon, Nunez pleaded guilty to a two-count felony information charging her with conspiracy and possession of methamphetamine with intent to distribute.  In entering her plea, Nunez admitted that, in Jan. 2013, Fitzgerald and she agreed to transport methamphetamine from Arizona to Nebraska, where they intended to deliver the drugs to another person.   She also admitted that the methamphetamine had been delivered to Fitzgerald and her more than a week before they were arrested on Jan. 19, 2013, and acknowledged responsibility for the methamphetamine found in their vehicle that night.

Nunez was remanded into federal custody after entering her guilty plea.  She will remain detained pending her sentencing hearing, which has yet to be scheduled.  Fitzgerald also is in federal custody pending his sentencing hearing.  At sentencing, Nunez and Fitzgerald each face a mandatory minimum of ten years and a maximum of life in prison on each of the two offenses to which they pleaded guilty.

            This case was investigated by the Las Cruces office of the DEA and the Truth or Consequences Border Patrol Station of U.S. Customs and Border Protection, and is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Kenneth Morral, 31, of Alamogordo, N.M., pleaded guilty this afternoon to a bank robbery charge and admitted robbing the First New Mexico Bank in Hatch, N.M., on Oct. 19, 2012.  Morral entered his guilty plea without the benefit of any plea agreement.

The First New Mexico Bank was robbed in the early afternoon of Oct. 19, 2012, by two men who approached two bank tellers and verbally demanded money.  After obtaining money from the bank tellers, the men departed the bank and drove away in a grey colored vehicle.  On Oct. 21, 2012, U.S. Customs and Border Protection reported to the FBI the discovery of an abandoned car that matched the description of the getaway car.  The FBI found evidence in the vicinity of the vehicle linking it to the bank robbery and a check of the vehicle’s VIN led investigators to Ricky J. Garcia, 48, of Los Lunas, N.M.  Garcia was arrested the next day after sources identified him as one of the men who perpetrated the bank robbery.  Morral was identified as the other bank robber by a source on Oct. 25, 2012.

Jacleen Lorraine Henderson, 29, also of Los Lunas, assisted Garcia and Morral in the aftermath of the bank robbery after Garcia’s vehicle broke down by arranging for them to be picked up and by using proceeds of the bank robbery to purchase a vehicle and other items.  Henderson was arrested on Nov. 1, 2012, and charged with being an accessory after the fact.  Morral was arrested in Gallup, N.M., by the McKinley County Sheriff’s Office on Nov. 14, 2012. 

Morral has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  On Jan. 15, 2013, Garcia pleaded guilty to bank robbery.  Garcia too remains detained pending his yet to be scheduled sentencing hearing.  Morral and Garcia each face a maximum penalty of 20 years in prison when they are sentenced.   Henderson pleaded guilty to being an accessory after the fact on Jan. 29, 2013.  She is detained pending her sentencing hearing and faces a maximum penalty of ten years in prison.  

These cases are being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and E. Garreth Winstead of the U.S. Attorney’s Las Cruces Branch Office, and were investigated by the FBI and the Hatch Police Department with assistance from U.S. Customs and Border Protection and the McKinley County Sheriff’s Office.

ALBUQUERQUE – Richard D. Crisman, 28, of Rio Rancho, N.M., was sentenced today to 97 months in federal prison followed by 25 years of supervised release for his conviction for receipt of child pornography.  Crisman also was ordered to pay a $15,000.00 fine.  He will be required to register as a sex offender after he completes his prison sentence.  Crisman’s sentence 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.

           Crisman was arrested in Sept. 2011 as part of Operation Predator, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (ICAC) Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs.  Twenty-two search warrants were executed and eight defendants were arrested in Sept. 2010 as a result of Operation Predator.  All eight defendants have been convicted of child pornography offenses and are serving prison sentences.

            Crisman was charged with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct, and three counts of possession of a matter containing visual depictions of minors engaged in sexually explicit conduct.  In Feb. 2012, Crisman pleaded guilty to Count 2 of the indictment, a receipt of child pornography charge.

            According to court records, Crisman was arrested as a result of an undercover investigation that revealed that Crisman received and possessed child pornography images through a peer-to-peer file sharing program in Nov. 2009, Feb. 2010, April 2010, June 2010 and July 2010.  As a result of the investigation, in Sept 2010, law enforcement officers executed a search warrant at Crisman’s residence and seized computers and computer-related media that contained evidence of child pornography.  While the search warrant was executed, Crisman voluntarily participated in a recorded interview during which he admitted using his computers to view child pornography.

            Crisman has acknowledged that a forensic examination of his computers and computer-related media uncovered more than 14,000 images and 40 videos of child pornography.  He also has acknowledged that the National Center for Missing and Exploited Children determined that the child pornography images and videos found on his computers and computer-related media included 1,884 child pornography images of more than 100 children who have been identified as child pornography victims and have been rescued, and nine child pornography videos of five children who have been identified as child pornography victims and have been rescued.

            As required by Crisman’s plea agreement, Counts 1, 3 and 4 through 6 of the indictment were dismissed after Crisman was sentenced.

            The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees, and was investigated by HSI New Mexico, the New Mexico State Police, the New Mexico Regional Computer Forensic Lab and other agencies that participate in the New Mexico ICAC Task Force.   The law enforcement agencies that participated in Operation Predator include:  Albuquerque Police Department, Farmington Police Department, FBI, HSI, Las Cruces Police Department, New Mexico Attorney General’s Office, New Mexico State Police, Rio Rancho Police Department, Santa Fe Police Department, the United States Marshal’s Office in Las Cruces, the First Judicial District Attorney’s Office, the Fifth Judicial District Attorney’s Office, and the Eighth Judicial District Attorney’s Office.

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

            The case also was brought as part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Tony Andy Gonzales, 61, of Roswell, N.M., pleaded guilty this afternoon to carrying a firearm in relation to a drug trafficking crime under a plea agreement with the U.S. Attorney’s Office.  Gonzales’ guilty plea 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.

Gonzales was arrested on Nov. 15, 2012, on a criminal complaint charging him with being a felon in possession of a firearm and subsequently was indicted and charged with (1) being a felon in possession of a firearm, (2) possession of heroin with intent to distribute, and (3) carrying a firearm in relation to a crime of violence.  According to court records, Gonzales possessed a firearm and heroin on Sept. 27, 2012, in Chaves County, N.M.  At the time, Gonzales was prohibited from possessing firearms and ammunition because he previously had been convicted of burglary and drug trafficking felony charges in the 5th Judicial District Court for the State of New Mexico in Chaves County.

This afternoon, Gonzales entered a guilty plea to Count 3 of the indictment and admitted possessing a firearm to further his drug trafficking activity.  Gonzales acknowledged that on Sept. 27, 2012, officers executed a search warrant at his residence.  Gonzales admitted that, at the time the officers were executing the search warrant, he was in possession of 24 individually wrapped packets of heroin which he intended to distribute to others.  Gonzales also admitted that he was in possession of a loaded firearm that was easily accessible and located near a lockbox containing his drug proceeds.

Gonzales has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Gonzales faces a prison sentence of at not less than five years and not more than 40 years.  Under the terms of the plea agreement, Counts 1 and 2 of the indictment will be dismissed after Gonzales is sentenced.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, The Chaves County Metro Narcotics Task Force and the Roswell Police Department with assistance from the 5th Judicial District Attorney’s Office.  The case is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office 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 – Richard D. Crisman, 28, of Rio Rancho, N.M., was sentenced today to 97 months in federal prison followed by 25 years of supervised release for his conviction for receipt of child pornography.  Crisman also was ordered to pay a $15,000.00 fine.  He will be required to register as a sex offender after he completes his prison sentence.  Crisman’s sentence 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.

Crisman was arrested in Sept. 2011 as part of Operation Predator, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (ICAC) Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs.  Twenty-two search warrants were executed and eight defendants were arrested in Sept. 2010 as a result of Operation Predator.  All eight defendants have been convicted of child pornography offenses and are serving prison sentences.

Crisman was charged with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct, and three counts of possession of a matter containing visual depictions of minors engaged in sexually explicit conduct.  In Feb. 2012, Crisman pleaded guilty to Count 2 of the indictment, a receipt of child pornography charge.

According to court records, Crisman was arrested as a result of an undercover investigation that revealed that Crisman received and possessed child pornography images through a peer-to-peer file sharing program in Nov. 2009, Feb. 2010, April 2010, June 2010 and July 2010.  As a result of the investigation, in Sept 2010, law enforcement officers executed a search warrant at Crisman’s residence and seized computers and computer-related media that contained evidence of child pornography.  While the search warrant was executed, Crisman voluntarily participated in a recorded interview during which he admitted using his computers to view child pornography.

Crisman has acknowledged that a forensic examination of his computers and computer-related media uncovered more than 14,000 images and 40 videos of child pornography.  He also has acknowledged that the National Center for Missing and Exploited Children determined that the child pornography images and videos found on his computers and computer-related media included 1,884 child pornography images of more than 100 children who have been identified as child pornography victims and have been rescued, and nine child pornography videos of five children who have been identified as child pornography victims and have been rescued.

As required by Crisman’s plea agreement, Counts 1, 3 and 4 through 6 of the indictment were dismissed after Crisman was sentenced.

The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees, and was investigated by HSI New Mexico, the New Mexico State Police, the New Mexico Regional Computer Forensic Lab and other agencies that participate in the New Mexico ICAC Task Force.   The law enforcement agencies that participated in Operation Predator include:  Albuquerque Police Department, Farmington Police Department, FBI, HSI, Las Cruces Police Department, New Mexico Attorney General’s Office, New Mexico State Police, Rio Rancho Police Department, Santa Fe Police Department, the United States Marshal’s Office in Las Cruces, the First Judicial District Attorney’s Office, the Fifth Judicial District Attorney’s Office, and the Eighth Judicial District Attorney’s Office.

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

            The case also was brought as part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Kevin Cavazone, 30, a member and resident of the Jicarilla Apache Nation, pleaded guilty this afternoon to a felony information charging him with voluntary manslaughter.  Under the terms of the plea agreement, Cavazone will be sentenced to 66 months in federal prison followed by a term of supervised release to be determined by the court.

According to court filings, Cavazone killed David Cachucha, also a member of the Jicarilla Apache Nation, on Nov. 22, 2011, by stabbing him repeatedly in the torso.  The crime took place on the Jicarilla Apache Indian Reservation during a fight between Cavazone and the victim.  During today’s proceedings, Cavazone admitted stabbing the victim in the torso on Nov. 22, 2011, during a fight that began after the two men and several others had been drinking alcohol.

Cavazone has been in federal custody since his arrest on Nov. 28, 2011, and remains detained pending his sentencing hearing which has yet to be scheduled. 

This case was investigated by the Albuquerque and Farmington offices of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Mark T. Baker.

ALBUQUERQUE – Gary Sidney Vicenti, 53, a member and resident of the Jicarilla Apache Nation, pleaded guilty this afternoon to an aggravated sexual abuse charge under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Vicenti will be sentenced to 12 years in prison followed by a term of supervised release to be determined by the court.  Vicenti also will be required to register as a sex offender.

Vicenti’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 Police Chief Kendall P. Vicenti of the Jicarilla Apache Tribal Police Department.

Vicenti was arrested in Nov. 2012, on a criminal complaint alleging that he sexually abused a child under the age of 12 in summer 2011 on the Jicarilla Apache Reservation.  During today’s hearing, Vicenti entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the victim by touching the victim’s genitals.  Vicenti also admitted that this criminal offense occurred on June 1, 2011, in the Jicarilla Apache Reservation.

Vicenti was remanded into the custody of the U.S. Marshals Service after entering his guilty plea.  He will remain detained pending his sentencing hearing, which has yet to be scheduled.

The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department.  It is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez 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 – This morning, Francis Louis Carrillo, 49, of Albuquerque, N.M., was sentenced to 12 months in federal prison followed by three years of supervised release for his conviction for stealing money from a program receiving federal funds.  Carrillo also was ordered to pay restitution in the amount of $56,417.82.  Carrillo’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, and Phyllis Grissom-Robinson, Special Agent in Charge of Region 6 of the Office of Inspector General, U.S. Department of Housing and Urban Development (HUD), and William R. Jones, Acting Special Agent in Charge of the Washington Regional Office of Labor Racketeering and Fraud Investigations, U.S. Department of Labor (DOL).

Carrillo was indicted in May 2012, and charged with theft of government property and theft concerning programs receiving federal funds.  The six-count indictment charged Carrillo with embezzling thousands of dollars in federal funds provided through grant programs administered by HUD and the U.S. Department of Labor (DOL).  At the time of the offenses charged, Carrillo was employed as the Deputy Director of Community Programs at Goodwill Industries of New Mexico (Goodwill).

HUD funds the Supportive Housing Program (SHP) which provides affordable housing for low-income Americans and DOL funds the Senior Community Service Employment Program (SCSEP) which provides vocational training for older Americans.  Although funded by HUD and DOL, the SHP and SCSEP are administered at the local level by community organizations and not-for-profit corporations.  Goodwill, a not-for-profit corporation that provides skill development and vocational training opportunities to community members facing barriers to employment, received more than $80,000 per year in 2008, 2009 and 2010 through the SHP and SCSEP programs.  Goodwill was permitted to use these federal funds to provide short-term emergency rental assistance to local residents facing eviction and homelessness as the result of sudden job loss or other economic setback.  According to the indictment, between 2008 and 2010, Carrillo engaged in a scheme to steal funds from Goodwill, including funds received through the SHP and SCSEP programs, by issuing false and fraudulent checks for short-term rental assistance. 

In Oct. 2012, Carrillo entered a guilty plea to Count 6 of the indictment, charging him with theft concerning programs receiving federal funds.  According to the plea agreement, Carrillo was employed by Goodwill from 2004 to 2010, where he initially held the title of Program Manager and later was promoted to Deputy Director of Community Programs.  Carrillo’s responsibilities included administering programs that received federal funds and approving applications by low-income clients for emergency rental assistance. 

In entering his guilty plea, Carrillo admitted abusing his position at Goodwill by engaging in a scheme to approve and issue checks for false applications for emergency rental assistance.  Upon issuance of the checks, Carrillo would have the payees either cash the checks and provide him with the funds, or endorse the checks so that Carrillo could cash them himself.  Carrillo also admitted that, between 2006 and 2010, he caused approximately 130 checks to be issued by Goodwill under false pretenses and fraudulently converted the proceeds of those checks to his own use.  During the course of his illegal scheme, Carrillo embezzled approximately $80,000 from Goodwill.

As required by the terms of Carrillo’s plea agreement, the United States will move to dismiss Counts 1 through 5 of the indictment.

The case was investigated by HUD’s Office of Inspector General and DOL’s Office of Labor Racketeering and Fraud Investigations, and was prosecuted by Assistant U.S. Attorney John C. Anderson.

ALBUQUERQUE – Elizabeth D. Kupfer, 50, of Rio Rancho, N.M., was sentenced this afternoon to 36 months in federal prison followed by three years of supervised release for her tax evasion conviction.  Mrs. Kupfer also was ordered to pay $288,339 in restitution to the IRS.  The restitution is to be paid jointly by Mrs. Kupfer and her husband Joseph C. Kupfer, 49, who also was convicted of tax evasion.

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

“Paying taxes is an obligation of citizenship and it is every citizen’s duty to pay them honestly and fully,” said U.S. Attorney Kenneth J. Gonzales.  “When people like Elizabeth and Joseph Kupfer intentionally dodge their responsibility to pay taxes, honest Americans end up having to pay more.  The sentence imposed on Mrs. Kupfer should serve as a warning that those who seek to avoid their tax responsibilities will be prosecuted and punished to the fullest extent of the law.”

“IRS Criminal Investigation will continue to investigate those who cheat their fellow citizens by not paying their taxes. In this case, Mrs. Kupfer intentionally concealed over $750,000 of income. Those who are tempted to commit tax evasion should know that the end result will likely be time in a federal prison” said Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of Internal Revenue Service Criminal Investigation. 

Mr. and Mrs. Kupfer initially were charged in Dec. 2010, in a three-count indictment with evading more than $285,000 in federal taxes by failing to report at least $768,333 in taxable income during tax years 2004 through 2006.  In July 2011, an 11-count superseding indictment was filed which added Armando G. Gutierrez, 65, of Corpus Christi, Texas, as a defendant, and also added conspiracy and theft of government property charges against Mr. Kupfer and Mr. Gutierrez, and obstruction and money laundering charges against Mr. Gutierrez.  Thereafter, the court severed the three tax evasion counts against the Kupfers from the other eight counts in the superseding indictment for purposes of trial.

On Aug. 17, 2012, a federal jury convicted Mr. and Mrs. Kupfer on three tax evasion charges after a five-day trial.  The evidence established that, from 2004 through 2006, Mr. Kupfer received income from his business, Kupfer Consulting, and the Kupfers reported income from Kupfer Consulting on their joint personal tax returns.  Although Mr. Kupfer received $1,304,421 in revenue from Kupfer Consulting, the Kupfers reported only $502,541 on their federal tax returns and attempted to conceal approximately $768,333 in income by providing incomplete information to their tax preparer.  The Kupfers then signed false and fraudulent tax returns, which they submitted to the IRS.

More specifically, the Kupfers claimed $125,969 in taxable income for 2004 but failed to include at least another $140,000 in income, thus evading at least $51,054 in federal taxes.  They claimed $170,625 in taxable income for 2005 but failed to include another $170,000 in income, thus evading $64,651 in federal taxes.  Finally, they claimed $125,734 in taxable income for 2006 but failed to include at least another $458,333 in income, thus evading $170,470 in federal taxes.

On Jan. 31, 2013, a federal jury found Mr. Kupfer and Mr. Gutierrez guilty of conspiracy and theft of government property charges after an eight-day trial.  The jury also convicted Mr. Gutierrez on obstruction of justice and money laundering charges.  Sentencing hearings have yet to be set for Mr. Kupfer and Mr. Gutierrez.

This case was investigated by IRS Criminal Investigation and the Albuquerque office of the FBI, and is being prosecuted by Assistant U.S. Attorneys Tara C. Neda and Cynthia L. Weisman.

ALBUQUERQUE – Lawrence Presley O’Dell, 25, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., was sentenced this morning to 37 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction.  O’Dell also was ordered to pay $9,455.74 in restitution to cover funeral costs for the victim.

O’Dell was arrested in Oct. 2012, and charged with causing the death of a Navajo man, Ramus James, on June 25, 2012, while driving while intoxicated in Red Rock, N.M., which is located on the Navajo Indian Reservation.  O’Dell has been in federal custody since his arrest.

In Feb. 2013, O’Dell pleaded guilty to a felony information charging him with involuntary manslaughter.  In entering his guilty plea, O’Dell admitted driving his vehicle at a high rate of speed while under the influence of intoxicating beverages on June 25, 2012.  O’Dell admitted crashing the vehicle and killing the passenger in the vehicle.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Presiliano A. Torrez.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict against Myron Jim Harry, 26, on an indictment charging him with rape after a four-day trial.  The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales and John Billison, Director of the Navajo Nation Division of Public Safety.

Harry, an enrolled member of the Navajo Nation who resides in Hogback, N.M., was arrested in May 2010, based on a criminal complaint alleging that he sexually abused a Navajo woman in Shiprock, N.M., which is located on the Navajo Indian Reservation, on May 6, 2010.  According to the complaint, Harry committed the offense while the victim could not communicate her unwillingness to participate in the sexual act.  Harry subsequently was indicted on that same charge.

The evidence at trial established that, on the night of May 5, 2010, Harry, and several others drank alcoholic beverages during the victim’s birthday party in a Shiprock apartment.  The victim fell asleep next to another woman in a bedroom in the apartment.  Early the next morning, Harry made his way through the bedroom’s locked door to get to the victim and she awoke to find Harry raping her.  The other woman, who was awoken by the bed moving and the moaning of a male voice, observed that Harry was having sexual intercourse with the victim while the victim was asleep.  The woman yelled at Harry, told him to get off of the victim, and threw him out of the apartment.  Other witnesses in the apartment testified that the victim was in a state of shock and crying after being violated by Harry.

After sexually assaulting the victim, Harry fled the apartment but returned shortly thereafter because he had forgotten his keys.  While retrieving his keys, Harry was confronted by several angry women who accused him of raping the victim.  Another witness testified about receiving “text” messages from Harry in which, while not clear, Harry implied that he had done something wrong. 

The victim subsequently was examined at a medical facility where a sexual assault evidence kit was used to preserve evidence.  The examination revealed that the victim sustained physical injuries to her vaginal area.  DNA analysis also revealed that Harry’s semen was found on the victim.

Harry testified in his own defense and claimed that the victim consented to having sex with him.  A defense expert witness testified that there was no physical evidence to prove that this was a non-consensual intercourse.

The jury deliberated approximately five hours before returning a guilty verdict against Harry.

Harry was remanded into federal custody when the jury returned its verdict and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Harry faces a maximum penalty of life in prison.  Harry also will be required to register as a sex offender when he completes his prison sentence.

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback and Special Assistant U.S. Attorney David M. Adams.  It 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 – Twenty-nine residents of Doña Ana County, N.M., and El Paso County, Texas, including 22 who were arrested this morning, are facing federal drug trafficking charges as the result of a multi-agency investigation.  The charges and arrests were announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, Scott A. Luck, Chief Patrol Agent of the El Paso Sector of the U.S. Border Patrol, Chief Robert Shilling of the New Mexico State Police, Doña Ana County Sheriff Todd Garrison and Las Cruces Police Chief Richard Williams.

The defendants are charged in 13 criminal complaints with distributing cocaine, heroin, methamphetamine and marijuana in and around southern Doña Ana County.  One of the defendants also is charged with illegally entering the United States after having been deported and another is charged with being a felon in possession of firearms.  The criminal complaints, which were filed under seal on April 29, 2013 and May 6, 2013, were unsealed following an early morning law enforcement operation.  Five of the defendants have yet to be arrested and are considered fugitives.  Two others are in state custody on other charges and will be transferred to federal custody to face the charges in the complaints.  The defendants arrested today will make their initial appearances in federal court in Las Cruces later this week.

Of the 29 defendants charged, 17 are residents of Anthony, N.M., and four are residents of Anthony, Texas.  The eight remaining defendants reside in the following communities:  two in Berino, N.M., two in Las Cruces, N.M.; two in Canutillo, Texas, one in Los Lunas, N.M., and one in Vado, N.M. 

In announcing the charges and today’s arrests, U.S. Attorney Kenneth J. Gonzales commended the cooperative efforts of the federal, state and local law enforcement and said, “Today we embarked on a coordinated effort to crackdown on drug trafficking in Doña Ana County and improve the quality of life for people who live there.  These arrests are part of our statewide fight against drugs and the cycle of violence that goes hand in hand with drug trafficking.  The federal law enforcement community remains committed to working with its state and local partners to safeguard families throughout New Mexico.”

“The safety and security of our communities is the FBI's highest priority,” said Carol K.O. Lee Special Agent in Charge of the Albuquerque Division of the FBI.  “The scope of today's successful law enforcement operation demonstrates the commitment of a dedicated team of federal, state and local agencies to ridding our streets of violent drug traffickers.  I want to thank the FBI Special Agents, U.S. Attorney's Office, U.S. Border Patrol, FBI Southern New Mexico Gang Task Force, Las Cruces-Dona Ana Metro Narcotics Agency, Doña Ana County Sheriff's Office and our other partners who worked effectively together to make this day possible.”

“We have always enjoyed a strong working relationship with local law enforcement counterparts in New Mexico, and that is a big part of the success that we are seeing in cases like this,” stated Scott A. Luck, Chief Patrol Agent of the El Paso Sector of the U.S. Border Patrol. “We will continue to dedicate the necessary resources and to work jointly toward the dismantling of criminal elements.”

The charges against the 30 defendants are the result of an intensive four-month multi-agency investigation led by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad and Southern New Mexico Gang Task Force that targeted known drug dealers in southern Doña Ana County.  The U.S. Border Patrol and the Las Cruces- Doña Ana County Metro Narcotics Agency, which is comprised of officers from the New Mexico State Police, the Doña Ana County Sheriff’s Office and the Las Cruces Police Department, participated in the investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

During the course of the investigation, officers oversaw approximately 40 covert drug buys and the purchase of five firearms from the defendants.  This morning, teams of federal, state, county and local law enforcement officers participated in an enforcement operation that included the execution of six federal search warrants at residences in Anthony, N.M.

“Regarding the constant war against drugs, the New Mexico State Police will always be in the forefront assisting the U.S. federal agencies with this fight,” said Chief Robert Shilling of the New Mexico State Police.  “Operations like this target the violence associated with this epidemic, and create halcyon living conditions in our communities.”

“The protection of everyone in Doña Ana County is the primary function of the Doña Ana County Sheriff’s Department,” said Doña Ana County Sheriff Todd Garrison.  “This morning we were part of a multi-agency operation that concentrated on the community of Anthony, NM using every piece of intelligence and surveillance available to this department.  Working together on a larger scale such as this operation, the efforts of federal, state and local law enforcement resulted in safer streets for the residents in Anthony.  Today was a flawlessly executed example of that.”

“The use and distribution of illicit drugs in our community is a public safety issue and the Las Cruces Police Department is pleased to work alongside federal and regional law enforcement agencies in trying to eliminate this illegal activity,” said Las Cruces Police Chief Richard Williams.

These cases are being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport, Shaheen P. Torgoley and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.  They were investigated by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad and the Southern New Mexico Gang Task Force, the U.S. Border Patrol, the New Mexico State Police, the Dona Doña County Sheriff’s Office, the Las Cruces- Doña Ana County Metro Narcotics Agency and the Las Cruces Police Department.   The U.S. Marshals Service, the SWAT and other tactical units from the El Paso and Phoenix Divisions of the FBI and the New Mexico State Police assisted in today’s law enforcement operation.

SUMMARIES OF CRIMINAL COMPLAINTS

Criminal Complaint 13-MJ-1430 charges Jose Alvarez, 27, of Anthony, N.M., and Angel Herrera, 31, of Berino, N.M., with conspiracy to distribute heroin.  If convicted, Alvarez and Herrera each face a maximum penalty of 20 years in prison.  Alvarez was arrested today.

Criminal Complaint 13-MJ-1431 charges Angel Torres, 44, of Anthony, Texas, with conspiracy to distribute cocaine and distribution of cocaine.  If convicted, Torres faces a mandatory minimum five years and a maximum of 40 years in prison.  Torres was arrested today.

Criminal Complaint 13-MJ-1432 charges Rudy Portillo, 54, and Isaiah Portillo, 19, both of Anthony, N.M., and Victor Leos, 53, of Anthony, Texas, with conspiracy to distribute heroin.  If convicted, Rudy Portillo, Isaiah Portillo and Leos each face a maximum penalty of 20 years in prison.  Isaiah Portillo and Leos were arrested today.  Rudy Portillo has yet to be arrested and is considered a fugitive.

Criminal Complaint 13-MJ-1433 charges Daniel Arrieta, 37, of Anthony, N.M., with conspiracy to distribute heroin.  If convicted, Arrieta faces a maximum penalty of 20 years in prison.  Arrieta has yet to be arrested and is considered a fugitive.

Criminal Complaint 13-MJ-1434 charges Noe Perez-Rodriguez, 46, of Berino, N.M., and Larry Valles, Sr., 50, of Los Lunas, N.M., with conspiracy to distribute methamphetamine, distribution of methamphetamine and distribution of cocaine.  If convicted, Perez-Rodriguez and Valles each face a mandatory minimum five years and a maximum of 40 years in prison.  Perez-Rodriguez also is charged with illegally entering into the United States after having been previously deported.  If convicted of the immigration charge, Perez-Rodriguez faces a maximum of 20 years in prison.  Perez-Rodriguez and Valles were arrested today.

Criminal Complaint 13-MJ-1435 charges Michael Vega, 25, and Raul Martinez, 25, both of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine.  If convicted, Vega and Martinez each face a maximum penalty of 20 years in prison.  Martinez was arrested today.  Vega is in state custody on other charges and will be transferred to federal custody to face the charges in the complaint.

Criminal Complaint 13-MJ-1436 charges John Eric Sapien, 25, of Anthony, N.M., with distribution of cocaine.  If convicted, Sapien faces a maximum penalty of 20 years in prison.  Sapien is in state custody on other charges and will be transferred to federal custody to face the charges in the complaint.

Criminal Complaint 13-MJ-1437 charges Gerardo Garcia, 63, of Vado, N.M., and Jose Salcido, 51, of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine.  If convicted, Garcia and Salcido each face a maximum penalty of 20 years in prison.  Salcido was arrested today.  Garcia has yet to be arrested and is considered a fugitive.

Criminal Complaint 13-MJ-1438 charges Abel Romero, 29, of Anthony, N.M., Benjamin Ochoa, 30, of Las Cruces, N.M., Victor Alvarez, 43, of Las Cruces, N.M., Victor Cano, 30, of Anthony, N.M., and Jaime Cano, 29, of Canutillo, Texas, with conspiracy to distribute cocaine and marijuana and distribution of cocaine and marijuana.  If convicted, each of the five defendants faces a mandatory minimum five years and a maximum of 40 years in prison.  The complaint also charges Romero with being a felon in possession of a firearm.  If convicted of the firearm charge, Romero faces a maximum penalty of ten years in prison.  Romero, Ochoa and Victor and Jaime Cano were arrested today.  Alvarez has yet to be arrested and is considered a fugitive.

Criminal Complaint 13-MJ-1439 charges Eloy Rios-Montoya, 39, and Joey Martinez, 28, both of Anthony, Texas, and Sergio Cesar Reyes, 37, of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine.  If convicted, Rios-Montoya, Reyes and Martinez each face a maximum penalty of 20 years in prison.  Rios-Montoya, Martinez and Reyes were arrested today.

Criminal Complaint 13-MJ-1440 charges Javier Castruita, 45, Gloria Portillo Valdivia, 50, and Carlos Alberto Valdivia, 55, all of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine.  If convicted, Castruita, Portillo Valdivia and Valdivia each face a maximum penalty of 20 years in prison.  Castruita, Portillo Valdivia and Valdivia were arrested today.

Criminal Complaint 13-MJ-1441 charges Jesus M. Baeza-Lascano, 44, and Martin Nevarez, 49, both of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine.  If convicted, Baeza-Lascano and Nevarez each face a maximum penalty of 20 years in prison.  Baeza-Lascano was arrested today.  Nevarez has yet to be arrested and is considered a fugitive.

Criminal Complaint 13-MJ-1559 charges Roberto Andres Urquidi, 33, of Canutillo, Texas, and Freddy Sanchez-Ramirez, 55 of Anthony, N.M., with conspiracy to distribute heroin.  If convicted, Urquidi and Sanchez-Ramirez each face a maximum penalty of 20 years in prison.  Urquidi and Sanchez-Ramirez were arrested today.

Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

ALBUQUERQUE – Maximiliano Cordova, 19, of Albuquerque, N.M., was arrested by the FBI on May 6, 2013, on a criminal complaint alleging that Cordova distributed, received and possessed visual depictions of minors engaged in sexually explicit conduct.  Cordova made his initial appearance in federal court yesterday and waived his right to a detention hearing.  He will remain in federal custody pending trial, which has not yet been scheduled.

According to the criminal complaint, the investigation leading to Cordova’s arrest was initiated in mid Jan. 2013, after an FBI agent who was working in an undercover capacity in New Jersey signed into a publicly available peer-to-peer (P2P) file sharing network that was being used by individuals who were sharing child pornography images.  The agent learned that one of the individuals sharing child pornography images on the P2P network was using an IP Address that was subscribed to Cordova’s residential address.  On May 3, 2013, the FBI executed a search warrant at Cordova’s residence. 

While executing the search warrant, FBI agents observed a laptop computer on Cordova’s bed that was running and displaying information for the P2P network that was used for sharing child pornography.  The FBI seized the laptop computer, other computers and other computer-related media from Cordova’s residence.  A preliminary examination of the laptop computer confirmed that it contained child pornography images.

If convicted of the offenses alleged in the criminal complaint, Cordova faces a sentence of not less than five years or more than 40 years in prison.  He would also be required to register as a sex offender.  Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The case was investigated by FBI 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 – Lancelot Lapahie, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 50 months in federal prison followed by three years of supervised release for his conviction on assault and firearms charges.

Lapahie was arrested in March 2012, on a criminal complaint and subsequently charged in an indictment with (1) assault with a dangerous weapon, a machete; (2) assault resulting in serious bodily injury; (3) assault with a dangerous weapon, a baseball bat; (4) abuse of a child under the age of 18 years; and (5) possession of an unregistered firearm.  According to the indictment and other court filings, the offenses were committed during the late hours of March 23, 2012 and the early hours of March 24, 2012, at a Shiprock residence located within the Navajo Indian Reservation.

Lapahie pled guilty to Counts 2, 3 and 5 of the indictment on Nov. 8, 2012.  In his plea agreement, Lapahie stated that during the late hours of March 23, 2012 and early hours of March 24, 2012, he was drinking alcohol with several individuals when an argument broke out.  Lapahie admitted striking one man with a baseball bat and repeatedly striking another man about the head, arms and body with a machete.  The victim of the machete attack suffered multiple stab wounds and cuts to his head, face, forearm, leg and back.  While investigating the assaults, officers found an unregistered shotgun in Lapahie’s residence.  Lapahie admitted possession of the unregistered shotgun.

Lapahie has been in federal custody since his arrest.  As required by the plea agreement, Counts 1 and 4 of the indictment were dismissed after Lapahie was sentenced.

            The case was prosecuted by Assistant U.S. Attorneys Jack E. Burkhead and Novaline D. Wilson, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.

ALBUQUERQUE – Timothy Luke Perea, 41, a member and resident of Laguna Pueblo, was sentenced to 46 months in federal prison followed by two years of supervised release.  Perea’s sentence 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 Police Chief Michelle F. Ray of the Pueblo of Laguna Police Department.
           
Perea was arrested in Oct. 2012 on an indictment charging him with domestic assault by a habitual offender.  He has been in federal custody since that time.  On Jan. 4, 2013, Perea pled guilty to the indictment and admitted assaulting his wife, also a member of Laguna Pueblo, on March 6, 2011.

Perea was prosecuted federally for the March 6, 2011 assault because he had two prior domestic violence convictions.  Court records reflect that Perea was convicted of assault resulting in serious bodily injury on Aug. 29, 1997, in federal court in New Mexico.  Perea also was convicted of aggravated battery against a household member on Oct. 20, 1997, in the Second Judicial District Court for the State of New Mexico.   

This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department, and was prosecuted by Special Assistant U.S. Attorney David M. Adams.  It 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 – Nielson McKensley, 49, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to an indictment charging him with aiding and abetting an armed robbery in Indian Country.  Under the terms of his plea agreement, McKensley will be sentenced to a term of 46 to 57 months in prison.

McKensley was arrested on Nov. 13, 2012, on a criminal complaint charging him with being an accomplice to an armed robbery of a residence in Shiprock on Oct. 26, 2012.  He subsequently was indicted on that same charge.

According to court records, McKensley agreed to assist Randy Coolidge, 46, rob the residence of an acquaintance (victim) in the early hours of Oct. 27, 2012, by driving Coolidge to the residence and helping him with the robbery.  After putting duct tape over his face to conceal his identity, Coolidge approached the residence armed with a pistol.  As Coolidge tried to push his way into the residence, the victim attempted to take the pistol away from Coolidge.  As the two men fought over the pistol, the pistol discharged and Coolidge was shot in the chest and stomach.  Coolidge subsequently died of his wounds.  The victim then realized that another man (McKensley), whose face also was covered with black duct tape and who was armed with a steel pipe, was standing by his door.  After attempting unsuccessfully to drag Coolidge from the residence, McKensley left Coolidge behind and drove away.  Officers initiated the investigation leading to McKensley’s arrest after Coolidge’s body was found shortly thereafter.

During today’s plea hearing, McKensley admitted driving Coolidge to the victim’s residence knowing that Coolidge intended to take items of value from the victim by force and violence.  McKensley also admitted that he intended to help Coolidge rob the victim. 

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

This case was investigated by Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Mark T. Baker.

ALBUQUERQUE – Laurence Kasero, 38, a member and resident of Laguna Pueblo, N.M., was sentenced this morning in federal court to 24 months in prison followed by three years of supervised release for his assault conviction.  Kasero also was ordered to pay $29,177.18 in restitution to cover the victim’s medical expenses.  Kasero’s sentence 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 Police Chief Michelle F. Ray of the Pueblo of Laguna Police Department.

Kasero was indicted in Sept 2012, and charged with assault resulting in serious bodily injury.  He has been in federal custody since his arrest on Sept. 28, 2012.  On Jan. 31, 2013, Kasero pled guilty to the indictment.  In entering his guilty plea, Kasero admitted assaulting his wife, a member of Acoma Pueblo, at the Route 66 Casino parking lot on Laguna Pueblo on March 20, 2011.  Kasero admitted that, after he caused the victim to fall to the ground, he stomped on her ankles causing her to sustain serious bodily injury.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department, and was 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 – Permanuel Castillo, 22, an enrolled member of the Navajo Nation who resides in Ojo Encino, N.M., pleaded guilty this morning to using a firearm during a crime of violence, an assault with a dangerous weapon which resulted in serious bodily injury, under a plea agreement with the U.S. Attorney’s Office.

Castillo pled guilty to a charge arising out of the Sept. 27, 2012 shooting of his girlfriend.  According to court filings, on that day, New Mexico State Police officers responded to a call regarding a shooting at Castillo’s Ojo Encino residence, which is located on the Navajo Indian Reservation.  During questioning, Castillo initially claimed that his girlfriend had been the victim of a drive-by shooting.  After further questioning, Castillo admitted shooting the victim multiple times in the chest but claimed that it was an accident.  Castillo was arrested on tribal charges by officers of the Navajo Division of Public Safety and held in tribal custody.

Castillo was arrested on federal assault charges on Oct. 24, 2012, and has been in federal custody since that time.  Castillo subsequently was charged in a three-count indictment with (1) assault with a dangerous weapon, (2) assault resulting in serious bodily injury, and (3) use of a firearm during a crime of violence. 

During this morning’s proceedings, Castillo pled guilty to Count 3 of the indictment, charging him with using a firearm during a crime of violence, and admitted assaulting the victim by shooting her with a rifle.  As a result of the assault, the victim sustained three gunshot wounds to the chest.

Castillo remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Castillo faces a ten year prison sentence to be followed by not more than three years of supervised release.  Counts 1 and 2 of the indictment will be dismissed after Castillo is sentenced.

This case was investigated by the Albuquerque office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson. 

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 – Sampson Antonio, Jr., 24, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning to involuntary manslaughter under a plea agreement with the U.S. Attorney’s Office.

Antonio was arrested in July 2012, on a criminal complaint charging him with involuntary manslaughter in connection with the death of a 19-year-old Navajo woman in Mariano Lake, N.M., on April 21, 2012.  Antonio subsequently was indicted and charged with driving a vehicle while intoxicated and running over the victim and causing her death. 
           
During this morning’s proceedings, Antonio pled guilty to the indictment and admitted killing the victim on April 21, 2012, while driving under the influence of alcohol and driving recklessly.

Antonio was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and will be detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Antonio faces a maximum penalty of eight years in prison. 

            This case is being prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and David M. Adams, and was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety.

ALBUQUERQUE, N.M. – Jesse Bruner, 46, of Douglas, Ariz., was sentenced this afternoon to 120 months in federal prison followed by three years of supervised release for his marijuana trafficking conviction.  Bruner’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Dennis A. Ulrich, II, Special Agent in Charge of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.

Bruner and a co-defendant, a 72-year-old woman from Kentucky, were arrested by U.S. Border Patrol agents on April 7, 2011, in Hidalgo County, N.M., after finding approximately 239 pounds of marijuana in a vehicle driven by the woman and in which Bruner was a passenger.  Bruner alone was indicted on July 20, 2011, and charged with possession of marijuana with intent to distribute.  Bruner entered a guilty plea to the indictment on Oct. 6, 2011.  He has been in federal custody since his arrest.

Court records reflect that on April 7, 2011, U.S. Border Patrol agents followed the vehicle driven by the woman as it traveled north on Hidalgo County Road 1 toward Animas, N.M., and then abruptly turned onto a local ranch road and stopped at the only house on the road.  They observed Bruner get out of the vehicle and knock on the door to the house.  The woman then drove the vehicle around the back of the house and back to Hidalgo County Road 1 where she slowed down and stopped when she saw the agents.  When the agents approached the vehicle to speak with the woman, they observed large bundles on the back seat that were packaged in a manner consistent with packaging for marijuana.  After arresting the woman, the agents arrested Bruner who had remained in the vicinity of the house.  A search of the vehicle revealed that it contained ten bundles containing an aggregate of 238.95 pounds of marijuana.

The charges against the woman were dismissed before Bruner was indicted after law enforcement authorities determined that Bruner deceived her into participating in his drug trafficking activities.  Bruner also threatened her life when she objected to participating in the crime.

The case was investigated by HSI in Deming, N.M., and the U.S. Border Patrol in Lordsburg, N.M., and was prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and Luis A. Martinez.

ALBUQUERQUE – This morning, Jason Allen Hunter, 46, an enrolled member of the Navajo Nation who resides in Sheep Springs, N.M., was sentenced to four years in federal prison followed by three years of supervised release for his conviction on assault charges. 

On Nov. 14, 2012, Hunter pleaded guilty to two counts of assault with a dangerous weapon.  In entering his guilty plea, Hunter admitted that, on May 9, 2009, he fired a shotgun at two people in a truck as it drove past him.  Three small children were in the truck when Hunter fired the shots.  Hunter further admitted that, at the time he fired shots at the truck, he intended to cause those individuals bodily injury.  Hunter committed these unlawful acts near his home, which is located just outside Sheep Springs on the Navajo Indian Reservation.  Hunter has been in federal custody since entering his guilty plea.

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Farmington office of the FBI, and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Kyle T. Nayback.

ALBUQUERQUE – Five men have been indicted on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Albuquerque, N.M., and Santa Fe, N.M.

The five-count indictment, which was filed under seal on April 9, 2013, charges Gabriel Mirabal, 31, Dominic Anaya, 32, and Sam Elyicio, 36, of Albuquerque, and Michael Jaramillo, 22, and Robert Romero, 25, of Santa Fe, with conspiracy to distribute cocaine base in Bernalillo and Santa Fe Counties between May 2012 and April 2013.  Jaramillo also is charged with distributing cocaine base in Santa Fe in March 2012 and Romero is charged with possession of cocaine base with intent to distribute in Santa Fe in July 2012.  Romero also is charged with using and carrying a firearm in furtherance of a drug trafficking crime.  Mirabal also is charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.  The indictment was unsealed following the arrests of three of the defendants.

Mirabal, who was arrested on April 24, 2013, made his initial appearance in federal court on April 25, 2013 and was ordered detained pending trial following a detention hearing on April 26, 2013.  Jaramillo and Elyicio were arrested on April 25, 2013 and were ordered detained pending trial following detention hearings held earlier today.  Anaya and Romero, who both are currently in state custody on unrelated charges, will be transferred to federal custody to face the charges in the indictment.

If convicted of the drug trafficking charges against them, each of the defendants faces a maximum penalty of not less than five years or more than 40 years in prison.  If convicted of the firearms charge, Romero faces a five year prison sentence to run consecutive to any sentence imposed on the drug trafficking charges against him.  An indictment is merely an accusation.  All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.  The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program.  HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States.  The investigation leading to the indictment has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program,  a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

ALBUQUERQUE – Justin Kenneth, 20, a member and resident of the Navajo Nation, pleaded guilty last Thursday to an aggravated sexual abuse charge under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Kenneth will be sentenced to a federal prison term of eight to ten years followed by a term of supervised release of five years to life to be determined by the court.  Kenneth also will be required to register as a sex offender.

Kenneth was arrested in Dec. 2010, on a criminal complaint alleging that he sexually abused a child under the age of 12 in Oct. 2010, on the Navajo Indian Reservation.  During his plea hearing, Kenneth entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim by touching the child’s genitals.  Kenneth further admitted that he committed this crime on Oct. 6, 2010, at a residence located on the Navajo Indian Reservation.

Kenneth was remanded into the custody of the U.S. Marshals Service after entering his guilty plea.  He will remain detained pending his sentencing hearing, which has yet to be scheduled.

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

ALBUQUERQUE – Albuquerque real estate developer Vincent J. Garcia, 61, was sentenced this afternoon to 27 months in federal prison followed by five years of supervised release for his bank fraud conviction.  Garcia also was ordered to pay $722,543.76 in restitution to the banks that were the victims of his criminal conduct.  Garcia is required to surrender himself to a federal correctional institution to be designated by the U.S. Bureau of Prisons within 60 days to begin serving his prison sentence.

Garcia’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Gabriel L. Grchan, Acting Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation, David Anderson, Special Agent in Charge of the Kansas City Region of the Federal Deposit Insurance Corporation (FDIC), Office of Inspector General, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

Garcia pleaded guilty in Aug. 2011, to Count 3 of a 19-count superseding indictment charging him and co-defendants Derek Barnhill, 48, formerly of Rio Rancho, and David Garcia, 36, of Albuquerque, with bank fraud and money laundering charges in connection with three real estate development projects, including the Anaszai Downtown LLC (Anasazi Building).   In entering his plea, Garcia admitted committing bank fraud in the amount of $365,677.00, and acknowledged that the gross loss amount to the victims of his fraudulent activity was $842,237.44.

Garcia admitted executing a plan to obtain funding from the Columbian Bank & Trust Co. (Bank) by having Barnhill submit a bank construction loan drawn-down request containing a material misrepresentation.  Garcia then used $360,000.00 in construction loan proceeds to invest in a casino in Washington State.  To obtain these funds, Garcia had Barnhill submit a construction loan draw-down request in the amount of $365,677.00 to the Bank on Feb. 12, 2007.  The draw-down request falsely stated that the funds were needed for “materials and price lock” for construction services to be provided by a specific company. 

Garcia also admitted instructing Barnhill to draw down the construction loan knowing that the funds would not be directly utilized in the construction of the Anasazi Building.  In requesting that Barnhill submit the draw-down request, Garcia knew that the request would falsely represent that the money would be used for a direct construction expense.

In his plea agreement, Garcia stated that his company engaged his son, co-defendant David Garcia, to act as the general contractor for the Anasazi Building and the other real estate development projects, and that David Garcia was compensated in the form of labor and materials for construction work on his personal residence.  Garcia admitted submitting invoices for work performed on his son’s residence to the Bank and to the First Financial Credit Union and manipulated the invoices to appear to be direct expenses for his real estate development projects.  Garcia asserted that David Garcia was not aware that the invoices for work performed and labor provided at his residence were being submitted to the banks as direct project expenses.

In Dec. 2010, Barnhill entered a guilty plea to Count 3, a bank fraud offense, and Count 10, a money laundering offense, of the superseding indictment.  In his plea agreement, Barnhill provided a more expansive description of the bank fraud to which Garcia entered his guilty plea.  To that end, Barnhill said that, on Feb. 12, 2007, Garcia told Barnhill that he needed $360,000.00 for a “good faith payment” towards the purchase of a casino.  Garcia asked Barnhill to use an old bid for sheet rock for the Anasazi Building to get the money.  Barnhill altered the sheet rock bid to support a fictitious draw-down request for $365,677.00 and submitted the request based solely on the false invoice to the Bank.  After the Bank disbursed the money, Barnhill transferred the funds to an Anasazi account at New Mexico Bank and Trust.  The next day, Garcia and Barnhill went to New Mexico Bank and Trust and withdrew $360,000.00 of the proceeds and the money at Compass Bank in an account in the name of Albuquerque Downtown Partners.  Thereafter, Garcia flew to Washington State with a Compass Bank check for $360,000.00 to make a payment on the casino.  In entering his guilty plea, Barnhill did not implicate David Garcia in the criminal conduct charged in the superseding indictment.  The charges against David Garcia subsequently were dismissed.

Barnhill faces up to 20 years of imprisonment, a maximum $1,000,000 fine, and restitution as ordered by the court.  He remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.

            This case was investigated by IRS Criminal Investigation, the FDIC-OIG and the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.

ALBUQUERQUE – Gloria Vigil, 63, of Albuquerque, N.M., was sentenced earlier today to 41 months in federal prison followed by three years of supervised release for conspiring to distribute oxycodone outside the scope and usual course of professional practice and without a legitimate medical purpose.  Vigil’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Joseph M. Arabit, Special Agent in Charge of the El Paso Field Division of the DEA.

Vigil was arrested on federal drug trafficking charges in July 2010, and subsequently was charged with conspiracy to distribute oxycodone and the unlawful distribution of oxycodone.  At the time of her arrest, Vigil was a nurse practitioner.

The charges against Vigil were arrested as the result of a DEA into a prescription drug trafficking ring operating out of Vigil’s medical office, Clinica de la Gloria (Clinic of Glory), in southwest Albuquerque.  According to court filings, Vigil had engaged in a pattern and practice of writing fraudulent prescriptions for oxycodone for individuals who were never treated by her and did not have any medical provider-patient relationship with her medical office.  Vigil also sold fraudulent oxycodone prescriptions for up to $250 each, and enlisted others to help her distribute oxycodone.

Vigil pled guilty to conspiracy to distribute oxycodone in May 2011.  In entering her guilty plea, Vigil acknowledged that she operated her own medical clinic in Albuquerque and that, as a nurse practitioner, she was permitted by law to write prescriptions for controlled substances in the scope of her medical practice.  Vigil admitted writing and providing prescriptions for oxycodone for individuals with whom she had no patient/provider relationship and for whom she did not believe such drugs were medically necessary.  She further admitted that these individuals would provide her with names and dates of birth of others in whose names she would write prescriptions.  In order to avoid detection, Vigil created patient charts in each of these names so as to make it appear that she had a legitimate patient/provider relationship with these individuals.  In exchange for writing these fraudulent prescriptions, Vigil, received payment in cash. 

Vigil also admitted that, on two occasions in June 2010, she met with an individual for whom she had written numerous prescriptions for oxycodone in the past, and that, on these two occasions, she wrote a total of nine prescriptions for oxycodone various names provided to her by the individual.  These prescriptions were written outside the scope of her medical practice and without any legitimate medical justification.  Vigil later learned that this individual was working as an informant for the DEA. 

Vigil has been in federal custody since entering her guilty plea.

The case was prosecuted by Assistant U.S. Attorney John C. Anderson and was investigated by the Albuquerque office of the DEA in cooperation with the Albuquerque Police Department, Bernalillo County Sheriff’s Office, New Mexico Board of Pharmacy, and the Albuquerque Office of the FBI.

For more information on oxycodone and other drugs, the U.S. Attorney’s Office and the DEA El Paso Division encourage parents and their children to visit the following interactive DEA websites:  www.justthinktwice.com, www.GetSmartAboutDrugs.com and www.dea.gov.

ALBUQUERQUE – Adrian Chavez, 24, a member and resident of Kewa Pueblo, was sentenced earlier today to 192 months in prison followed by five years of supervised release for his second degree murder conviction.  His co-defendants, Derrick Chavez, 26, and Myron Garcia, 24, also members and residents of Kewa Pueblo, were sentenced for their convictions for being accessories after the fact to second degree murder.  Myron Garcia was sentenced to five years in prison followed by three years of supervised release, and Derrick Chavez was sentenced to 66 months in prison followed by three years of supervised release.

The sentences were 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.

Adrian Chavez pleaded guilty in June 2012, to killing Nevin Garcia, a 20-year-old member of Kewa Pueblo, with a machete on Oct. 21, 2009.  Also in June 2012, Derrick Chavez and Myron Garcia entered guilty pleas to being accessories after the fact and admitted helping Adrian Chavez bury Nevin Garcia’s remains.

According to court filings, the BIA learned about Nevin Garcia's murder when Adrian Chavez turned himself into the Kewa Pueblo Tribal Office on the night of Oct. 21, 2009.  Investigation revealed that, earlier that evening, Adrian Chavez, Nevin Garcia, Derrick Chavez and Myron Garcia were drinking alcoholic beverages on a plot of land located within Kewa Pueblo that had a mobile home and camper trailer.  While Derrick Garcia and Myron Chavez were inside the trailer, Adrian Chavez and Nevin Garcia began arguing.  As Myron Garcia came out of the trailer, he saw Adrian Chavez strike Nevin Garcia in the face with a machete.  Derrick Chavez came out of the trailer shortly thereafter.  Nevin Garcia was unresponsive after he was struck with the machete.  Derrick Chavez and Myron Garcia assisted Adrian Chavez in removing Nevin Garcia's clothing, wrapping him in a plastic tarp, and placing him in the back of a pickup truck.  The three men then drove to a location a short distance from the mobile home and trailer and buried Nevin Garcia’s remains.

Adrian Chavez has been in federal custody since his arrest in Oct. 2009, and Myron Garcia and Derrick Chavez have been in federal custody since their arrests in Jan. 2009.

The case was investigated by the Albuquerque office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Roberto D. Ortega.

ALBUQUERQUE – Frances Rivas, 42, formerly of Albuquerque but currently a resident of Amarillo, Texas, was sentenced this morning to 18 months in federal prison followed by a year of supervised release for her conviction for preparing a false federal income tax return.  Rivas also was ordered to pay $98,296.00 in restitution to the IRS and the other victims of her criminal conduct.  Rivas’ sentence was announced by U.S. Attorney Kenneth J. Gonzales and Gabriel L. Grchan, Acting Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.

Rivas pled guilty in Nov. 2012 to Count 16 of a 25-count indictment alleging that she prepared and presented false federal income tax returns.  In entering her guilty plea, Rivas admitted that between Jan. 2008 and April 2011, she willfully prepared and presented to the IRS federal tax returns that she knew to be materially false and fraudulent.  Rivas further admitted that she altered the tax return information provided by her clients by altering the clients’ filing status, number of defendants, exemptions or W-2 wage information to increase the federal tax refund generated by the return.  Rivas unlawfully caused at least $98,396.00 in tax harm as a result of her fraudulent activity.

Rivas was ordered to surrender to a federal correctional institution to be designated by the U.S. Bureau of Prison within 60 days to begin serving her prison sentence.

The case was investigated by the IRS Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Jeremy Pena.