District of New Mexico

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Pedro Lee Benally made an initial appearance in federal court facing two charges of aggravated sexual abuse in Indian Country. Benally, 29, of Montezuma Creek, Utah, and an enrolled member of the Navajo Nation, will remain in custody pending a detention and preliminary hearing held on March 2, 2023.

A federal grand jury indicted Benally on February 23. According to the indictment and other court records, Benally allegedly engaged in a sexual act with a child, identified as Jane Doe. The alleged assault occurred in San Juan County, New Mexico, on the Navajo Nation.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Benally may face up to life in in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.

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23-38

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Sergio Ruiz was sentenced to 240 months in prison. A federal jury convicted Ruiz, 58, of Columbus, New Mexico, on one count each of conspiracy to distribute 500 grams and more of a mixture and substance containing methamphetamine, possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, and importation of 500 grams and more of a mixture and substance containing methamphetamine into the United States on June 8.

A federal grand jury indicted Ruiz on March 23. According to the indictment and other court records, on April 28, 2021, Ruiz attempted to cross into the United States at the Columbus Port of Entry, coming from Palomas, Chihuahua, Mexico. Ruiz, a regular crosser at Columbus, was carrying a large amount of cinder blocks and two 55-gallon drums and was directed to the secondary inspection area. A scan revealed an anomaly in the spare tire, prompting inspection by a U.S. Customs and Border Protection (CBP) canine unit that resulted in a positive alert.

CBP officers removed and inspected the spare tire. Inside the tire, inspectors found five packages containing a substance that tested positive for methamphetamine. The total weight of the five packages was 20.8 kilograms (45.76 pounds).

Upon his release from prison, Ruiz will be subject to 5 years of supervised release.

Homeland Security Investigations and Customs and Border Protection investigated this case. Assistant United States Attorneys Joni Autrey Stahl and Randy M. Castellano are prosecuting the case.

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23-39

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Mariah Chapo was arraigned in federal court on February 23, 2023, on a charge of involuntary manslaughter. Chapo, 26, an enrolled member of Navajo Nation, will remain on conditions of release pending trial.

A grand jury indicted Chapo on January 25, 2023.  According to the indictment and other records, on February 11, 2022, Chapo crashed her vehicle after driving at a high rate of speed while intoxicated, ultimately killing an unsecured eight-month-old John Doe. The alleged homicide occurred within the exterior boundaries of the Navajo Nation.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.  If convicted, Chapo faces up to eight years in prison. 

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.

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23-35

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Melisa Llosa, Inspector in Charge of the Phoenix Division of U.S. Postal Inspection Service, announced that Cisco Casaus-Alires was sentenced to 20 years in prison. Casaus-Alires, 21, of Albuquerque, pleaded guilty on June 29 to robbery of mail, money and other property of the United States and brandishing a firearm during and in furtherance of a crime of violence.

On Nov. 7, 2020, Casaus-Alires robbed a United States Postal Service (USPS) letter carrier at gunpoint in southeast Albuquerque, demanding the letter carrier’s cell phone, USPS keys and mail. On Dec. 26, 2020, in southwest Albuquerque, Casaus-Alires robbed another letter carrier at gunpoint. Casaus-Alires demanded the letter carrier’s wallet, phone and USPS keys, and then demanded that the letter carrier load parcels into Casaus-Alires’ vehicle.

On Dec. 28, 2020, in south Albuquerque, Casaus-Alires robbed a third letter carrier at gunpoint, demanding the letter carrier’s wallet, phone and USPS keys. As Casaus-Alires took mail and parcels from the USPS vehicle, he asked the letter carrier where “the good stuff” is delivered, then fled the area.

“USPS Letter Carriers walk our streets on a daily basis to bring us everything from checks to medicine to gifts,” said United States Attorney Alexander M.M. Uballez. “Delivering mail should not be a dangerous job. We will hold accountable anyone who threatens the safety of those who work tirelessly to serve our community.”

“The highest priority of the U.S. Postal Inspection Service is investigating acts of violence against USPS employees,” stated Melisa Llosa, Inspector in Charge of the Phoenix Division.  “Through collaboration with our law enforcement partners, Casuas-Alires is no longer a threat to USPS Letter Carriers or the public.  This substantial sentence is a message to all criminals.  If you rob a USPS employee, Postal Inspectors will not stop until you are brought to justice.  We thank the U.S. Attorney’s Office, U.S. Marshals Service, Homeland Security Investigations, Bernalillo County Sheriff’s Office, and the Albuquerque Police Department for their support on this investigation.”

The United States Postal Inspection Service investigated this case with assistance from the United States Marshals Service. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

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23-36

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Tyrone Atcitty Nez pleaded guilty to voluntary manslaughter. Nez, 33, of Sanostee, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, on June 8, 2022, Nez fatally assaulted a man, identified as John Doe, in the home where Nez resides near Sanostee on the Navajo Nation. Nez allegedly punched John Doe in the face, rendering John Doe unconscious. Nez then allegedly stomped the victim in the face several times. John Doe died as a result of his injuries.

Nez faces up to 17 years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.

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23-33

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Christian Apachito pleaded guilty to sexual abuse of a minor on Feb. 15, 2023. Apachito, 28, of Tohajiilee, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not yet been scheduled.

In his plea agreement, Apachito admitted that on or about November 11, 2020, he engaged in a sexual act with the victim, identified as Jane Doe. The victim is also a member of the Navajo Nation and was at least the age of 12 years but not yet 16 years old at the time. The abuse took place on the Navajo Nation.

By the terms of the plea agreement, Apachito faces not more than 15 years in prison and must register as a sex offender.

This case was investigated by the FBI Albuquerque Field Office with assistance from the Navajo Department of Criminal Investigation. Assistant United States Attorneys Kimberly N. Bell and Mark Pfizenmayer are prosecuting the case.

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23-31

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Steven Williams was charged by complaint with assault with a deadly weapon and assault by strangulation. Williams, 28, of the Caddo Nation of Oklahoma, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not yet been scheduled.

According to the criminal complaint, over the course of three days in February, Williams allegedly beat his pregnant girlfriend, identified in court records as Jane Doe, so badly she needed immediate medical care at San Juan Regional Medical Center. Jane Doe’s injuries included a broken hand, severe bruising, and  knife wounds to her neck, arms, and hands.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Williams faces up to twenty years in prison.

The FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Special Assistant United States Attorney Mark A. Probasco is prosecuting the case.

Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/

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23-34

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Billy George West was sentenced to 14 years in prison and order to pay a $5,000 fine pursuant to the Justice for Victims of Trafficking Act of 2015. West, 79, of Carlsbad, New Mexico, pleaded guilty on January 10, 2022.

According to the plea agreement and other court records, on April 30, 2021, West exchanged sexually explicit messages via telephone with a nine-year old girl in Florida. During the exchange, West using the screen name “Piper,” sent a photo of his genitalia and received a photo of the victim’s genitalia. West admitted that he knew the victim was a minor.

Upon his release from prison, West will be subject to 5 years of supervised release and must register as a sex offender.

The FBI Albuquerque Field Office and the Carlsbad Police Department investigated this case with assistance from the Eddy County Sheriff’s Office. Assistant United States Attorneys Marisa A. Ong and R. Eliot Neal are prosecuting the case.

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23-30

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Alexis Riego was sentenced to 70 months in prison and a five thousand dollar fine. A federal jury convicted Riego, 50, of Merritt Island, Florida, on Sept. 28, 2022, of four counts of involuntary manslaughter and two counts of assault resulting in serious bodily injury committed in 2019.

According to the indictment and other court records, on Sept. 7, 2019, Riego, a commercial motor vehicle driver, recklessly crashed into a line of stationary traffic in a construction zone on Interstate 40 within the Laguna Pueblo. At the time of the crash, Mr. Riego was speeding and using his cellular telephone. The crash caused a six-car pile-up that killed four people and seriously injured two. The crash caused the closure of interstate 40 for several hours.

“When we take the wheel, we take on a collective responsibility for the families who share our highways,” said United States Attorney Alexander M.M. Uballez. “The consequences for failing in that responsibility are grave and irrevocable. While this sentence will not restore the lives that were lost, it serves as a sobering reminder that a moment on video chat can forever change your life, and end the lives of others.”

“The impact of Mr. Riego’s reckless decisions and actions will remain for a long time,” said Raul Bujanda, FBI Special Agent in Charge. “I would like to commend our partners at the Laguna Police Department, New Mexico State Police, and the U.S. Attorney’s Office for working with us to investigate this crime and bringing justice to the victims and their loved ones.”

Upon his release from prison, Riego will be subject to 3 years of supervised release.

The FBI Albuquerque Field Office investigated this case with assistance from the Laguna Police Department and the New Mexico State Police. Assistant United States Attorneys Joseph M. Spindle, Elisa Dimas and Matthew Nelson are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Christopher Hannaweeke Sr. and Christopher Hannaweeke Jr. made an initial appearance in federal court facing a charge of assault resulting in serious bodily injury in Indian Country. Hannaweeke Sr., 48, and Hannaweeke Jr., 29, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, will remain detained pending a preliminary hearing scheduled for Feb. 16.

According to a criminal complaint, on Jan. 27, the victim’s mother witnessed a car hit the family’s dog. The victim exited his residence on foot and chased the vehicle suspected of hitting the dog. When the vehicle stopped, the victim recognized the occupants as the defendants. The defendants and a third individual exited the vehicle and Hannaweeke Sr. struck the victim over the head with an unknown object. Once the victim was on the ground, the defendants assaulted the victim by punching and kicking the victim. Multiple witnesses observed the assault as it occurred and intervened. A witness identified one of the assailants as Hannaweeke Jr. The victim suffered serious bodily injury as a result and required surgery.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Hannaweeke Sr. and Hannaweeke Jr. face up to ten years in prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.

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23-27

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Margarito Serena and David Aguilar made an initial appearance in court where they were charged by criminal complaints with federal firearms violations. Aguilar, 26, of Las Cruces, is charged with being a felon in possession of a firearm and ammunition. Serena, 29, of Las Cruces, is charged with being a felon in possession of a firearm and ammunition. Both men will remain in custody pending a preliminary and detention hearing scheduled for this week.

According to the complaints, on Jan. 30, Las Cruces Police Officers responded to a report of a gunshot victim at an apartment in Las Cruces, New Mexico. Upon arrival, officers located a deceased victim. The victim’s neighbor told officers that they went to the victim’s apartment after hearing sounds of an argument followed by a loud bang because they knew the victim has previous arguments and altercations with Aguilar. The neighbor stated that Aguilar opened the door holding a black 12-guage shotgun and asked the neighbor to call the police because the victim had shot herself. The neighbor saw Serena sitting on a couch in the apartment’s living room. The neighbor returned to their apartment to dial 911 and later witnessed Aguilar and Serena fleeing the scene.

Following the interview, Las Cruces Police Officers apprehended Aguilar and Serena. When questioned, both Serena and Aguilar admitted to handling the shotgun.

In 2016, Aguilar was convicted of Armed Robbery and Attempted Armed Robbery. In 2013, Serena was convicted of Possession of an Unregistered Firearm. As previously convicted felons, neither Aguilar nor Serena can legally possess firearms or ammunition.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Aguilar and Serena face up to 15 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorney Maria Y. Armijo is prosecuting the case.

Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/.

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23-25

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jerry Segura, Jr., 34, an enrolled member of the Pueblo of Ohkay Owingeh, was arraigned in federal court on Feb. 13 on a two-count indictment charging him with assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence. Segura will remain in custody pending trial, which is set for April 17, 2023.

A grand jury indicted Segura on Jan. 25. According to the indictment and other court records, on March 13, 2022, Segura and his father drunkenly drove to Segura’s then-girlfriend’s house. When they arrived at their destination, Segura fired at least 11 gunshots at or near her home from his car. Segura’s girlfriend, her daughter, and the daughter’s three-year-old son were in the home at the time. Segura fired directly at his girlfriend’s daughter when she spotted him through the living-room window. No one was hit by gunfire or otherwise injured.

The alleged assault occurred on the Pueblo of Ohkay Owingeh.

Segura was arrested on Feb. 8 and made an initial appearance in court on Feb. 9.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Segura faces up to 10 years in prison for assault with a dangerous weapon and a minimum of  10 years in prison for discharging a firearm during and in relation to a crime of violence.

The Bureau of Indian Affairs investigated this case with assistance from the Ohkay Owingeh Police Department and Espanola Police Department. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

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23-26

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Feb. 10, Lynnette Chavez pleaded guilty to assault upon a federal officer. Chavez, 36, of New Laguna, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

In the plea agreement, Chavez admitted to assaulting a Laguna Police Officer by kicking them multiple times. The assault occurred on the Pueblo of Laguna.

At sentencing, Chavez faces up to two years in prison followed by up to three years of supervised release.

The Bureau of Indian Affairs investigated this case with the assistance of the Laguna Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

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23-28

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Department of the Interior (DOI) Office of Inspector General  announced today that James I. Matison, 57, of Boulder, CO, and Jeffrey Ham, 46, of El Prado, NM, made initial appearances in federal court on a indictment charging them with conspiracy to commit wire fraud and money laundering.

According to court documents, from February 2015 through April 2019, Matison and Ham conspired to inflate hours billed to Matison’s employer, WildEarth Guardians, by using the company Ham owned, Timberline Environmental, LLC. All told, Matison and Ham diverted more than $250,000 from WildEarth Guardians.

“The Environmental Protection Agency Office of Inspector General is committed to providing strong oversight for grants and contracts,” said Special Agent in Charge Garrett J. Westfall of the EPA OIG’s Western Division.  “With our law enforcement partners, we will hold recipients accountable for ensuring that they use taxpayer funds for their intended purposes in accordance with federal regulations.”

“The Department of the Interior (DOI) Office of Inspector General is committed to working with our law enforcement partners in protecting the integrity of taxpayer funds and aggressively investigating allegations of theft within DOI and other federal programs,” said Jamie DePaepe, Special Agent in Charge, Department of the Interior Office of Inspector General’s Western Region.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Matison and Ham both face 20 years in prison.

Environmental Protection Agency Office of Inspector General investigated this case with assistance from Department of the Interior Office of Inspector General. Assistant United States Attorney Jeremy Peña is prosecuting the case.

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23-23

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Elias Gallegos was sentenced to more than 4 years in prison. A federal jury convicted Gallegos, 27, of Albuquerque, on October 25, 2022, of assaulting a federal officer using a deadly or dangerous weapon.

According to court documents, Gallegos assaulted a U.S. Postal Service letter carrier on Sept. 17, 2021, as the letter carrier was delivering mail on foot near the corner of Constitution Avenue NE and Monroe St. NE in Albuquerque. Gallegos brandished a knife at the letter carrier, chased him, and then threw a rock at him, which missed.

The letter carrier returned to his mail truck and called 911. As Albuquerque police responded to the scene and attempted to approach Gallegos, Gallegos fled on foot. Gallegos jumped several residential backyard fences before police contained him to a shed in the backyard of a residence on Manzano Street. When Gallegos attempted to approach the back door of the residence, officers apprehended him. During a search of the shed where Gallegos had been hiding, officers found a torch lighter and the pocketknife used in the assault.

“The men and women of the U.S. Postal Service brave our streets daily in service of the public,” said United States Attorney Alexander M.M. Uballez. “When those streets level senseless threats, the United States will protect the federal employees who serve our nation and hold accountable those who plague our community with violence.”

“Today’s sentencing of Elias Gallegos shows the determination of the U.S. Postal Inspection Service, along with their law enforcement partners, to vigorously pursue and bring criminals to justice who attempt to commit crimes or harm any postal employee” stated Melisa Llosa, Inspector in Charge of the USPIS Phoenix Division.

Upon his release from prison, Gallegos will be subject to 3 years of supervised release.

The U.S. Postal Inspection Service and the Albuquerque Police Department investigated this case. Assistant United States Attorneys Samuel A. Hurtado and Patrick Cordova prosecuted the case.

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23-22

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Guy Rosenschein was sentenced to over 17 years in prison. Rosenschein, 68, of Albuquerque, pleaded guilty in federal court on Oct. 15 to seven counts of distribution of visual depictions of minors engaged in sexually explicit conduct and one count of possession of visual depictions of minors engaged in sexually explicit conduct.

Rosenschein first came to the attention of law enforcement in 2016 following two CyberTipline Reports submitted to the National Center for Missing and Exploited Children (NCMEC) by the online chat provider Chatstep. Chatstep reported that images containing child sexual abuse material (CSAM) were posted by a user in Albuquerque, New Mexico. NCMEC forwarded the CyberTipline Reports to the New Mexico Attorney General’s Office, Internet Crimes Against Children (ICAC) Task Force, which submitted the reports to the Bernalillo County Sheriff’s Office (BCSO) for investigation.

BCSO learned that the posts on Chatstep were made from the residence of Rosenschein, then employed as a pediatric urologist and surgeon at Presbyterian Hospital in Albuquerque, New Mexico. Based on that information, BCSO Detectives obtained a state search warrant for Rosenschein’s residence. The search revealed numerous electronic devices which contained CSAM.

After BCSO conducted their search, the Federal Bureau of Investigation (FBI) learned of the existence of a hidden room, containing a safe, located inside Rosenschein’s residence. The room, which was said to be behind a false wall inside a closet underneath the stairs, was present in the home before Rosenschein purchased it. The FBI obtained a second search warrant to reenter the residence, where they located two safes inside the hidden room. Inside one of the safes, agents located additional CSAM.

In total, law enforcement located approximately 19,116 images and 2,092 videos depicting CSAM on the devices seized from Rosenschein.

In addition to New Mexico, the investigation revealed that Rosenschein worked as a pediatric surgeon in several locations in the United States, including New York, Arkansas, and Missouri. Law enforcement learned of additional allegations in other states that Rosenschein had befriended young male patients before sexually abusing the young boys. The investigation to date has revealed three alleged victims of sexual abuse committed by Rosenschein and charges are pending in Arkansas in association with two of these alleged victims.

“Dr. Rosenschein’s conduct was shameful and heinous,” said United States Attorney Alexander M.M. Uballez. “Distribution and possession of material depicting the sexual assault of children are serious offenses that cause ongoing harm to the victims and encourage the sexual exploitation and rape of minors.  These offenses are horrific when committed by any offender, but it is all the more egregious that the offender in this case was a pediatric surgeon.  Using a position of trust to exploit the most vulnerable should always come with the maximum penalties under the law.”

“This sentence serves as an important reminder to our community that even a trusted physician has the capability to pursue and possess horrendous materials involving children,” said New Mexico Attorney General Raúl Torrez. “I thank all parties involved for holding Mr. Rosenschein accountable and commend the hard work that my ICAC team dedicated towards this effort.”

“I am proud of our detective's hard work on this case and their collaboration with the FBI,” said Bernalillo County Sheriff John Allen. “Thank you to the United States Attorney for the District of New Mexico for prosecuting this horrific case. This is a heartbreaking example of true evil lurking in our community, and I am relieved knowing Rosenschein has been sentenced to prison.”

Upon his release from prison, Rosenschein will be subject to 10 years of supervised release and must register as a sex offender.

The FBI Albuquerque Field Office and the Bernalillo County Sheriff’s Office investigated this case with assistance from the New Mexico Regional Computer Forensics Laboratory. Assistant U.S. Attorneys Sarah J. Mease and Holland S. Kastrin are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

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23-20

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Julius Scott Mendez pleaded guilty to assault of a spouse, intimate partner or dating partner resulting in substantial bodily injury and assault of a spouse, intimate partner or dating partner by strangling. Mendez, 30, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.

In the plea agreement, Mendez admitted to attacking the victim, who is also an enrolled member of the Mescalero Apache Tribe by kicking, punching, and strangling her until she lost consciousness. As a result of Mendez’s assault, the victim suffered substantial bodily injury to her head, face, and neck and had severe bruising over most of her body. The assault occurred on the Mescalero Apache Reservation.

At sentencing, Mendez faces up to ten years in prison followed by three years of supervised release.

The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Matilda McCarthy Villalobos and Eliot Neal are prosecuting the case.

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23-19

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Anthony Buntyn was sentenced to 24 months in prison. A federal jury convicted Buntyn, 55, a former prisoner transport officer, on September 28, 2022, of willfully violating the Due Process rights of the detainees in his custody.

According to court documents and the evidence introduced at trial, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was the supervising officer on a March 2017 PTS transport that stopped in New Mexico during a cross-country trip. Evidence at trial established that Buntyn knowingly created, and otherwise subjected the detainees to, dangerous, painful, and unhealthy conditions on the prisoner transport van. Specifically, evidence at trial showed that Buntyn would retaliate against detainees who complained of transport conditions by handcuffing the detainees behind their backs and forcing them to remain for hours in a small segregation cage inside the van, depriving detainees of meals and access to water while they remained in the cage, cranking up the heat in the already-hot van in retaliation for detainees complaining that, as they passed through the southwestern desert, they were in danger of overheating, and failing to provide the detainees with required restroom breaks until the detainees were left with no choice but to urinate in empty bottles or on the floor.

“Prisoner transport officers, even when they are employed by private companies, must abide by the laws and protect the constitutional rights of the people in their custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The department will continue to vigorously enforce our nation’s laws to ensure that officers who break the law — including those who are driving the nation’s backroads in prisoner transport vans and may therefore wrongly believe they can act with impunity — are held accountable.”

“Detainees are entitled to basic human dignity,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Those who are responsible for their detention, from transport personnel to law enforcement and corrections officers, have the same duty to protect the rights and safety of their charges. Any abuse of detainees or failure to provide necessities is a violation of that trust and a violation of the law, and it will be roundly prosecuted.”

“During the cross-country transport of these individuals, a stop was made by the PTS at the Shawnee County Detention Center in Topeka, Kansas. If not for the Detention Center notifying the FBI of the detainees’ condition upon arrival, the FBI may have never known or been able to seek justice for these victims. Buntyn’s actions disparage the very core of what he was employed to do – protect these individuals while in his custody,” said Special Agent in Charge Charles Dayoub of the Kansas City Field Office. “He knowingly disregarded the detainees’ basic civil rights, putting these individuals in harm’s way. Today’s sentencing demonstrates the FBI’s unique ability to conduct a successful nationwide investigation alongside our law enforcement partners. ”

Upon his release from prison, Buntyn will be subject to 1 year of supervised release.

This case was investigated by the FBI Kansas City Field Office. Assistant U.S. Attorney Kimberly A. Brawley for the District of New Mexico and Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Division, with assistance from Special Litigation Counsel Samantha Trepel prosecuted the case.

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23-18

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Guillermo Rodriguez Garcia was sentenced to 30 years in prison. Garcia, 40, of Deming, New Mexico, pleaded guilty in federal court on July 6, 2022, to production of a visual depiction of a minor engaging in sexually explicit conduct.

According to court records, Garcia came to the attention of the Deming Police Department in 2020 when officers responded to an incident relating to an accusation of sexual abuse of a child. During a follow-up interview, Garcia admitted that he had sexually molested a 12-year-old in his care “numerous times,” as well as another minor beginning when they were 10 years old. Garcia was arrested on state charges at that time. Garcia was federally arrested when it was discovered he had produced videos of himself sexually abusing the 12-year-old.

“Child victims of sexual assault are often doomed to a life sentence in the shadow of their abuse,” said United States Attorney Alexander M.M. Uballez. “While Garcia will spend three decades in prison, the effects of his heinous actions will echo for far longer. That is why, during my term as the United States Attorney, I have personally prosecuted sex offenders and will use the weight of the federal government to protect our children from these pernicious predators.”

“This sentence matches the revolting actions of a despicable criminal who exploited innocent children for his personal gratification,”  said Francisco B. Burrola, special agent in charge of HSI El Paso. “Homeland Security Investigations will never relent in our efforts to put child predators where they belong – behind bars!”

Upon his release from prison, Garcia will be subject to lifetime supervised release and must register as a sex offender.

Homeland Security Investigations (HSI) investigated this case with assistance from the Sixth Judicial District Attorney’s Office and the Deming Police Department. Assistant United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are 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/.

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23-21

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Martin Perea was sentenced to 25 years in prison. Perea, 42, of Los Lunas, pleaded guilty on Aug. 17, 2022, to two counts of production of a visual depiction of a minor engaging in sexually explicit conduct.

According to court records, on July 1, 2015, the victim’s mother discovered pornographic content of the eight-year-old victim on a memory card from Perea’s cellular telephone. The victim’s mother confronted Perea who apologized and blamed the victim’s mother for his conduct. Then, Perea threatened to burn the victim’s mother and her house down. The victim and her mother fled to Spokane, Washington where they contacted the Spokane Police Department.

The Federal Bureau of Investigation later recovered numerous video files of child pornography on the memory card.

In his plea agreement, Perea admitted that from Oct. 8, 2014, to March 2015, he knowingly used the victim to engage in sexually explicit conduct for the purpose of producing child pornography. Perea acknowledged that the victim was seven and eight years old at the time Perea committed the crimes.

Upon his release from prison, Martin will be subject to 25 years of supervised release and must register as a sex offender.

This case was investigated by the FBI Albuquerque Field Office with assistance from the Valencia County Sheriff’s Office, the Spokane Police Department and the New Mexico Computer Forensic Laboratory as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. United States Attorney Alexander M.M. Uballez and Assistant United States Attorney Jaymie L. Roybal prosecuted 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/.

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23-16

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced yesterday that George Martinez was sentenced to 94 months in prison. Martinez, 46, of Albuquerque, pleaded guilty on July 11, 2022, to 42 counts each of wire fraud and aggravated identity theft and six counts of money laundering.  The Court ordered Martinez to pay $1,216,205 in restitution, and issued a forfeiture money judgment in the amount of $689,797.

From 2009 through July 16, 2018, Martinez used his position as the Unit Supervisor/Bureau Chief of the Questionable Refund Unit at the New Mexico Taxation and Revenue Department to fraudulently alter tax refunds and direct them to bank accounts that he controlled. Martinez perpetrated the fraud by copying tax returns that had already been processed or creating new returns in taxpayers’ accounts. He altered information such as taxpayers’ Social Security numbers, bank account numbers and withholding amounts in the returns. By changing the withholding amounts, he increased the amounts of the refunds. Martinez fraudulently directed $1,216,205 into accounts in his control.

“Today’s sentence sends a strong message: If you abuse the public trust, you will pay the price,” said New Mexico Taxation and Revenue Secretary Stephanie Schardin Clarke.

“We will aggressively protect your tax dollars from fraud, especially when driven by the greed of a corrupt government official,” stated United States Attorney Alexander M.M. Uballez. “Our system of governance depends on the trust and faith of the people we serve. There are few more important pressure points for our democracy than the system that funds it. We work tirelessly with our partners to ensure public dollars serve the public.”

“New Mexico taxpayers expect their public servants to be honest, ethical and beyond reproach,” stated IRS Criminal Investigation Special Agent in Charge Albert Childress. “In this case, the defendant not only violated the public trust, he personally enriched himself by committing identity theft, altering tax refunds and directing nearly $700,000 of ill-gotten gains to himself.”

“When a supervisor entrusted with the taxpayers’ money enriches himself like this defendant did, it’s a serious crime that can shake people’s confidence in their government,” said Raul Bujanda, FBI Special Agent in Charge. “That’s why the FBI teamed up with IRS Criminal Investigation and the New Mexico Taxation and Revenue Department to aggressively investigate this case and make sure justice was done. We hope today’s sentencing sends a warning to anyone in government who might be tempted to illegally help themselves to the public till: The FBI will come after you and will make sure you pay for every penny you stole.”

Upon his release from prison, Martinez will be subject to 3 years of supervised release.

The FBI Albuquerque Field Office and the IRS Criminal Investigation Phoenix Field Office investigated this case with assistance from the New Mexico Taxation and Revenue Department’s Tax Fraud Investigations Division. Assistant U.S. Attorneys Paul Schied and Jeremy Peña prosecuted the case. Taxation and Revenue has strengthened its internal controls by overhauling system access privileges and updating business procedures. Officials continue to monitor daily business activity for abnormalities and suspicious transactions.

TFID also provides training to employees on how to spot potential fraud and operates a hotline for employees and the public to report suspicious activity. Possible fraud can be reported by calling 1-866-457-6789 or by email at Tax.Fraud@state.nm.us.

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23-15

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Dennett Jerome Chee was arraigned on Jan. 20 on an indictment charging him with assault resulting in serious bodily injury in Indian Country. Chee, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Chee on Jan. 10. According to the indictment and other court records, in May of 2022, Chee allegedly assaulted a victim, identified as John Doe, in Otero County, New Mexico, on the Mescalero Apache reservation. The assault resulted in serious bodily injury to John Doe.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Chee faces up to 10 years in prison.

The FBI and the Bureau of Indian Affairs investigated this case. Assistant United States Attorney Eliot Neal is prosecuting the case.

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23-13

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Joseph Wayne Gadman was charged with attempted coercion and enticement of a minor. Gadman, 40, of Tucumcari, New Mexico, appeared in federal court on Jan. 19 for a detention hearing and will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on Jan. 4, Gadman allegedly used a foreign fetish website called Fetlife to contact a user who, unbeknownst to Gadman, was an undercover agent of the FBI. Under the username Gadmanj40, Gadman allegedly indicated that he was interested in the undercover agent’s interests. Believing that the user with whom he was communicating had children, Gadman allegedly arranged to meet the undercover agent’s “family” for the purposes of engaging in sexual acts with two minors – a 12-year-old and an 8-year-old. On Jan. 13, Gadman travelled from Tucumcari to Albuquerque, where he was arrested. At the time of his arrest, Gadman was in possession of $60 to pay the “mother,” as arranged, and had KitKat bars and condoms in his vehicle for the “children.”

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Gadman faces a mandatory minimum of 10 years and up to life in prison.

The FBI Albuquerque Field Office investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

Assistant United States Attorney Jaymie L. Roybal is prosecuting the case as part of Project Safe Childhood (PSC), 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/.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Richard Mascarenas pleaded guilty on Jan. 13 to one count each of kidnapping, assault resulting in serious bodily injury, and assault of an intimate partner by strangling and suffocating. Mascarenas, 37, of Taos Pueblo, and an enrolled member of the Pueblo of Taos, will remain in custody pending sentencing, which is scheduled for April 19, 2023.

According to the plea agreement and other court records, from April 17, 2022, to May 4, 2022, Mascarenas assaulted Jane Doe and held her against her will at a residence in Taos Pueblo. In his plea, Mascarenas admitted that he would not allow Jane Doe to leave, contact her family or report the assaults because he did not want anyone to know how severely he had hurt her.

Mascarenas admitted that he pushed, pulled, threw, grabbed, and punched Jane Doe, causing serious bodily injury. Mascarenas also assaulted Jane Doe by strangling and suffocation. Medical imaging and records show that Jane Doe suffered blood clots and a stroke, as well as tears to her carotid artery.

The kidnapping and assaults took place on the Taos Pueblo in Indian Country.

By the terms of the plea agreement, Mascarenas faces nine years in prison.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office and the Taos Pueblo Department of Public Safety investigated this case. Assistant United States Attorney Novaline D. Wilson is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Faith Nicholle Sullivan was sentenced on Jan. 9 to five years and ten months in prison. Sullivan, 28, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on July 12 to assault with a dangerous weapon in Indian Country.

On June 8, 2021, Navajo Police responded to a report of a fight involving Sullivan at her residence in Shiprock on the Navajo Nation. As one of the responding officers was speaking with Sullivan outside the residence, Sullivan, who was intoxicated, pulled a knife and began to swing it at the officer. The officer tackled Sullivan and took away the knife. A second officer deployed a taser and the officers subdued Sullivan.

During the assault, Sullivan stabbed the first officer in the leg. The officer was transported to the Northern Navajo Medical Center for care.

Upon her release from prison, Sullivan will be subject to three years of supervised release.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigation and the Navajo Police Department. Assistant United States Attorney Alexander F. Flores prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Everett Paquin was sentenced to four years and nine months in prison. Paquin, 59, of Bosque Farms, New Mexico, and an enrolled member of the Pueblo of Isleta, pleaded guilty on Sept. 6 in federal court to assault with a dangerous weapon and being felon in possession of a firearm and ammunition.

On Dec. 21, 2020, Paquin assaulted his then-girlfriend, identified in court records as Jane Doe, at his home on the Pueblo of Isleta. Paquin admitted to pushing, slapping, punching and kicking the victim, as well threatening and injuring her with a utility knife. During the assault, Paquin would not allow the victim to leave and repeatedly threatened her and her family with harm and death. Jane Doe is also an enrolled member of the Pueblo of Isleta.

At the time of the assault, Paquin possessed a loaded shotgun in his home. As a convicted felon, Paquin could not legally possess a firearm or ammunition.

Upon his release from prison, Paquin will be subject to three years of supervised release. The terms of the agreement also require Paquin to complete inpatient and outpatient substance abuse programs, an anger management program and a domestic violence prevention program.

The Isleta Police Department investigated this case. Assistant United States Attorney Alexander F. Flores prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Bruce Beckner was sentenced on Jan. 4 to 17 years and six months in prison. A federal jury convicted Beckner, 60, on April 7, 2022, on one count of bank fraud, one count of wire fraud and one count of conspiracy to commit fraud.

Beckner was convicted of major financial crimes in California before relocating to New Mexico, where he assumed the alias “Bill Evans” and orchestrated a new multimillion-dollar fraud scheme involving a truck stop business. Beckner recruited co-defendant Arthur Herlihy, 74, of Santa Fe, New Mexico, in 2007 to join him in developing a business plan and securing financing to renovate a truck stop in Deming, New Mexico.

On July 7, 2009, Beckner and Herlihy obtained a loan for $135,165 from First New Mexico Bank. The stated purpose of the loan was to pay off a prior loan secured by a liquor license, and Beckner and Herlihy pledged the liquor license as collateral for the new loan as part of the transaction. At the time it received the loan from First New Mexico Bank, the truck stop business did not own the liquor license outright, but still owed money to the broker who financed the earlier liquor license transaction, which occurred in December 2008. Herlihy and Beckner falsely represented to the bank that the liquor license would be held free and clear of any liens or lawsuits.  Beckner also signed the transaction documents using his alias, “Bill Evans,” and submitted an inaccurate personal financial statement to the bank concealing outstanding restitution debt he owed as the result of his prior criminal conviction. Rather than pay off the license, Beckner and Herlihy used the loan for other expenses and the license remained encumbered to the previous loan. In 2011, the truck stop business defaulted on the loan from First New Mexico Bank.

On Oct. 2, 2009, Beckner and his associates obtained over $16 million in loans for Fuel4Less, LLC, through the New Mexico Finance Authority, including $12 million from Virtual Realty Enterprises and $4 million from U.S. Bank Development Corporation. Beckner signed several documents associated with the loan under the false name “Bill Evans,” representing himself as facilities and operating manager of Fuel4Less. Beckner also submitted a false résumé under the name “Bill Evans” that omitted material information and claimed experience and previous employment he did not have. These loans also went into default in 2011, after which a New Mexico state judge turned the business over to a court-appointed receiver, who filed a bankruptcy petition.

Beckner and others solicited money from various investors purportedly to be used in a “fuel factoring opportunity.”  They told investors that this opportunity would involve one component of the enterprise purchasing fuel from outside suppliers that would then be sold back to another component at a higher price, and the profits from the internal sales would be shared by the investors. Instead, there were no internal sales, and the investments, some of which were sent by wire transfers, were used to repay other investors or to cover various operational expenses, including Becker’s salary.

Beckner and his associates sent investors promissory notes and other documents stating their investments were secured by truck stop assets. They did not tell investors that the pre-existing loans made the promissory notes essentially worthless.

Soon after law enforcement confronted him in 2011, Beckner fled the United States and relocated permanently to the island of Roatan in Honduras. Beckner was arrested by the Honduras Transnational Criminal Investigative Unit (TCIU) of Homeland Security Investigations (HSI) on March 7, 2019, at the San Pedro Sula airport in Honduras. At the time of his arrest, Beckner had been residing on Roatan for several years. Honduras approved his extradition on April 11, 2019, and he was transferred into U.S. custody on April 16, 2019.

Upon his release from prison, Beckner will be subject to five years of supervised release.

Herlihy pled guilty in Feb. 2017, to making a false statement to a bank on a loan document, and was sentenced on Aug. 11, 2017, to three years of supervised release.

HSI, IRS Criminal Investigation and the Special Investigations Division of the New Mexico Office of the Attorney General investigated this case. Assistant U.S. Attorneys Sean J. Sullivan and Taylor F. Hartstein are prosecuting the case. The U.S. Department of Justice’s Office of International Affairs, HSI Honduras TCIU, and the HSI ICE Country Attaché in Honduras assisted with the extradition.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Robert Fiser was sentenced to one year and three months in prison. Fiser, 62, of Albuquerque, pleaded guilty on July 11, 2022, to one count each of conspiracy and aiding and assisting in preparation of a false and fraudulent return.

At the time of the offenses, Fiser was a registered attorney in New Mexico specializing in tax law and the preparation of federal income tax returns. One of his clients was Victor Kearney. From October 2009 to November 2013, Fiser assisted Kearney in preparing income tax returns for tax years 2007 through 2011. Fiser signed each of these returns, knowing that they did not include taxable income that Kearney received in those years from the Mary Pat Abruzzo-Kearney Testamentary Trust B and C.

On Nov. 20, 2013, Fiser signed amended tax returns for Kearney for tax years 2009, 2010 and 2011 and a tax return for Kearney for tax year 2012, falsely stating on each of them that he had signed on June 1, 2013.

In his plea agreement, Fiser admitted that on Oct. 1, 2014, he sent an email message to Kearney advising him not to contact the Internal Revenue Service (IRS) about the failure to file tax returns. On Sept. 2, 2016, Fiser had a conversation with Kearney about not filing income tax returns. Fiser falsely stated under oath at a deposition on Nov. 4, 2016, that the reason that he and Kearney did not report income from the Mary Pat Abruzzo-Kearney Testamentary Trust B and C in Kearney’s original tax returns for 2008-2011 was that they intended to file amended returns after filing those original returns, though Fiser knew he and Kearney had no intention to do so.

Upon his release from prison, Fiser will be subject to three years of supervised release.

Kearney is currently awaiting trial, scheduled to begin March 6.

IRS Criminal Investigation investigated this case. Assistant United States Attorneys Kimberly A. Brawley and Sean J. Sullivan are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Nathan Singer Lee was sentenced on Dec. 22, 2022, to seven and a half years in prison. On Aug. 25, 2021, Lee, 28, of Mentmore, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty to an indictment charging him with assault resulting in serious bodily injury, obstructing justice by retaliating against a witness, victim, or informant resulting in bodily harm, and carjacking resulting in serious bodily injury.

Lee had been staying at the home of the victim, an enrolled member of the Navajo Nation, identified in court records as Jane Doe, in Ramah, New Mexico, since Jan. 26, 2020. On Jan. 28, Jane Doe and her boyfriend traveled to Albuquerque, where they had been summoned to testify before a grand jury in a matter involving an individual known by Lee. Jane Doe and her boyfriend told Lee that they were both witnesses in the case against the other individual, and Lee travelled to Albuquerque with them.

On Jan. 31, 2020, Lee and Jane Doe’s boyfriend were arrested in connection with a dispute with a neighbor. Lee was released from custody around 1:30am on Feb. 1, 2020, and returned to Jane Doe’s home. Jane Doe provided Lee with blankets to sleep, then proceeded to clean her room before going to bed.

Around 3:00am, Jane Doe went to the kitchen for a mop and encountered Lee, who told her he had been waiting for her. Lee threw Jane Doe to the floor and punched and kicked her repeatedly. When she tried to get up, he threw her to the floor again, causing an injury to her head. She asked Lee why he was doing this, and he told her it was because she and her boyfriend were “snitches.” At another point during the assault, Lee also said, “I don’t care, I’ll [expletive] kill you.”

As Lee continued to assault Jane Doe, she attempted to call the police. Lee took her cell phone and tried to break it with his hands, then used a hatchet to break it. Lee reached into Jane Doe’s pockets and took her EBT card and her keys. After recovering some of his belongings, Lee fled in Jane Doe’s vehicle.

Upon his release from prison, Lee will be subject to three years of supervised release.

The FBI’s Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Assistant United States Attorney Alexander F. Flores prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that John Lopez was arraigned on a 27-count indictment charging him with 16 counts of wire fraud and 11 counts of mail fraud. Lopez, 71, of Flagstaff, Arizona, will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Lopez on Dec. 20, 2022. According to the indictment and other court records, Lopez was the founder and president of Personal Money Management Company (PMMCO), which ostensibly provided financial management services to clients, many of whom were retired or near retirement. Beginning in 2014, Lopez held himself out as an investment advisor with considerable expertise who could consistently and substantially beat the market average return on investment.

Lopez allegedly communicated to clients and prospective clients various false promises and misrepresentations related to his investment ability and strategy. As alleged in the indictment, Lopez falsely told clients and prospective clients that he could guarantee annual returns of 10 percent on their principal investment no matter how volatile the stock market might be, and that he could make an annualized 19.2-percent return on a retirement investment, in which clients would keep their initial principal investment as well. Lopez allegedly claimed that he had developed a computer program or algorithm that resulted in consistent and substantial above-average market returns on investments.  He allegedly told clients and prospective clients that he would invest their money primarily in stocks and bonds, moving their money between those two investment instruments when market indicators or his computer algorithm told him to move them between the two.

From February 2014 through November 2021, Lopez received approximately $19.4 million from clients. During that same period, rather than invest primarily in stocks and bonds, Lopez allegedly purchased $13.3 million in precious metals, such as gold and silver. Lopez disbursed approximately $6.1 million to clients, which he allegedly represented as investment gains.

After securing client money, Lopez allegedly generated periodic account statements, purportedly showing substantial investment gains. For example, in November 2021, a client received a purported account statement reflecting that an investment of $200,000 with Lopez and PMMCO in 2016 had grown to $3,289,273, a 1,544-percent increase over an approximate five-year period. This growth calculation excluded a $565,000 withdrawal during 2021. In October 2021, those statements represented that PMMCO client account values were collectively worth approximately $39 million.

On Nov. 9 and 10, 2021, government agents seized PMMCO assets, mostly comprising precious metals, which were valued at less than $15 million.

Lopez allegedly continued to generate deceptive PMMCO account statements after the government seized PMMCO’s assets. On May 31, 2022, those statements represented PMMCO client account values worth approximately $49 million.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lopez faces up to 20 years in prison.

The FBI Albuquerque Field Office and the U.S. Marshals Service investigated this case. The U.S. Attorney’s Office is prosecuting the case.

The U.S. Attorney’s Office brought a separate civil forfeiture action on April 15, 2022, seeking to forfeit assets seized in November 2021. Litigation in the civil proceeding is ongoing.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Zachary Dosch pleaded guilty on Dec. 20, 2022, to cyberstalking, receipt of child pornography, and distribution of child pornography. Dosch, 23, of Albuquerque, will remain in custody pending sentencing, which has not been scheduled.

According to court records, on Nov. 30, 2019, a Snapchat user reported to the National Center for Missing and Exploited Children (NCMEC) that the user had received threats through Snapchat, and that a friend had received possible child sexual abuse material (CSAM). Both the threat and the CSAM were sent from an account with the same username as a Kik profile used by Dosch. Additionally, from Oct. 29, 2019, through May 12, 2021, NCMEC received numerous Cybertips regarding CSAM related to a Discord username associated with Dosch.

In his plea agreement, Dosch admitted that beginning at least in October 2019 and continuing until his arrest on June 17, 2021, he targeted minors online for sexual extortion, and, using various social media platforms, received, uploaded and shared CSAM. He also acknowledged extorting sexually explicit material from minors and causing them significant emotional distress.

By the terms of the plea agreement, Dosch faces up to 50 years in prison and will be required to register as a sex offender.

The FBI Albuquerque Field Office investigated this case with assistance from the Bernalillo County Sheriff’s Office and the Regional Computer Forensics Laboratory as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood (PSC), 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/.

For more information on sextortion and how to get help, visit the FBI website.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Joshua Rico pleaded guilty on Dec. 22 to five counts of coercion and enticement of minors. Rico, 26, of Pecos, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

Beginning as early as January 2018, Rico used multiple profiles on the social media platform Snapchat to coerce minor girls into sending him sexually explicit photos and videos and engage in sexual acts. Rico used fictitious profiles under the names “Chris Lujan” and “Erik Romero” as well as a profile in his own name to threaten, coerce and manipulate at least four victims who were between 14 and 16 years old.

In each case, Rico used one or both of his fake profiles to persuade the victims into sending compromising photos, then used the threat of exposing the photos to coerce the victims into engaging in sexual acts and sending him videos of the acts. In two cases, after using a fake profile to demand that the victims engage in sexual acts and provide videos, he offered to “help” the victims by allowing them to perform the sexual act with him. Rico coerced at least one of the victims into engaging in sexual acts with him.

Rico faces up to life in prison and will be required to register as a sex offender.

The New Mexico State Police, the FBI, and the Regional Computer Forensic Laboratory investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

Assistant U.S. Attorneys Sarah Mease and Jaymie L. Roybal are prosecuting the case as part of Project Safe Childhood (PSC), 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/.

For more information on sextortion and how to get help, visit the FBI website.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, is promoting information and resources to highlight environmental justice and assist the public in reporting criminal environmental violations.

In May, U.S. Attorney General Merrick B. Garland announced the launch the Justice Department’s new Office of Environmental Justice as well as the Department’s environmental justice enforcement strategy. This strategy will guide the Justice Department’s litigators, investigators and U.S. Attorneys’ Offices nationwide to advance the cause of environmental justice through the enforcement of federal laws. Developed by the Department’s Environment and Natural Resources Division (ENRD) in partnership with the Environmental Protection Agency, the strategy will ensure that the entire Department is using all available legal tools to promote environmental justice.

The U.S. Attorney’s Office (USAO) enforces federal laws that protect communities against harm caused by environmental crime, pollution and climate change. The USAO works in conjunction with federal, state, local and Tribal government partners to address human health and environmental harms that disproportionately affect overburdened and underserved low-income communities, communities of color, and Tribal and Indigenous communities.

The district’s Environmental Justice Coordinator receives reports of environmental violations within the district and engages in outreach to promote greater public participation in environmental justice efforts. Additionally, the Environmental Justice Coordinator is a member of the Environmental Crimes Task Force, a group convened by the New Mexico Environment Department (NMED) and the U.S. Environmental Protection Agency (EPA) to increase federal, Tribal and state cooperation in investigating and prosecuting criminal violations of environmental laws.

"Low-income communities and communities of color have disproportionately borne the burden of environmental crime," said U.S. Attorney Uballez. "Through the Environmental Crimes Task Force, we will bring fair treatment and meaningful involvement of underserved communities that have been historically marginalized and overburdened by systemic environmental violations, pollutions, climate change and abuse of natural resources."

Information available on the website includes an explanation of what environmental justice is and examples of what constitutes criminal environmental violations. The website also provides links to additional resources and partnering agencies, as well as contact information for reporting criminal environmental violations.

Anyone who wants to report known or suspected environmental violations within the District of New Mexico can email the district’s Environmental Justice Coordinator at USANM.Environment@usdoj.gov.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Karl Shroulote, Sr., pleaded guilty to sexual abuse in Indian Country. Shroulote, 46, of Acoma, New Mexico, and an enrolled member of the Pueblo of Acoma, will remain on conditions of release pending sentencing, which has not been scheduled.

In his plea agreement, Shroulote admitted that on April 29, 2018, he sexually assaulted a victim, identified in court records as Jane Doe, while she was unconscious in his home on the Acoma Pueblo.

By the terms of the plea agreement, Shroulote faces between five years and three months and six and a half years in prison, and must register as a sex offender.

The Bureau of Indian Affairs investigated this case with assistance from the Pueblo of Acoma Police Department. Assistant United States Attorneys Alexander F. Flores is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal jury on Dec. 16 returned a guilty verdict on James Anthony Sandoval, 57, of Rio Rancho, New Mexico. The jury convicted Sandoval on 33 counts of theft of government property and one count each of making false statements and false statements on a Social Security form.

Sandoval became entitled to receive disability benefits in 2008. In 2016 and 2019, he reported to the Social Security Administration (SSA) that he had not worked since becoming ill in 2007. He also reported having difficulty performing simple daily tasks such as any physical activity and engaging in social interactions.

On Feb. 19, 2020, Sandoval was interviewed by the Cooperative Disability Investigations (CDI) Unit at the SSA office in Rio Rancho. During the interview, Sandoval reported he had not worked since 2002 or 2003, and he used an oxygen tank at all times. Sandoval refused to answer any questions regarding his business and denied making a profit or working at a jewelry business.

On March 15, 2021, Sandoval signed and dated an SSA Work Activity Report form in which he stated he was not able to work and had not received any income other than his SSA Disability Insurance benefits. The CDI investigation, however, uncovered facts contrary to these statements.  Records from the New Mexico Office of the Secretary of State show that Traditions Past and Present, Inc., is an active, for-profit corporation. The business was incorporated in 2016 with Sandoval as the registered agent, director, director of operations and incorporator. The official address for the business was listed as Sandoval’s current residential address. According to bank records, Sandoval’s jewelry business was also generating a profit.

During the trial, the jury heard evidence including observations of agents and videos of Sandoval at the business location where he was working and identified himself as the owner. Other evidence included reports and photographs of Sandoval working at a vendor booth for his jewelry business at a trade show in Texas. During these observations, some of which lasted approximately an hour, Sandoval did not utilize an oxygen tank and indicated he had attended multiple shows across the United States promoting his business and selling his jewelry.

The prosecution also presented bank records of Traditions Past and Present and Sandoval’s personal bank records from 2014 to 2019. Those records included several transactions from the jewelry business to Sandoval’s personal accounts, all of which were controlled by Sandoval. According to bank records, Sandoval was the only known withdrawer from the accounts.

Sandoval will remain on conditions of release pending sentencing, which has not been scheduled. He faces up to 10 years in prison.

The SSA Office of the Inspector General Albuquerque CDI Unit investigated this case with assistance from the New Mexico Disability Determination Services, the New Mexico Office of Attorney General and SSA. Assistant United States Attorneys Raquel Ruiz-Velez and Kristopher N. Houghton are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Darrell Desiderio was sentenced on Dec. 16 to 25 years in prison. Desiderio, 45, of Gallup, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on July 26, 2021, to second degree murder in Indian Country.

On June 7, 2018, Desiderio and an accomplice, conspired to kidnap a victim, identified as John Doe, and take the victim’s truck. The accomplice lured John Doe to Desiderio to assist Desiderio in acquiring a vehicle. Under the pretense that Desiderio “knew some women who would want to ‘party,’” the accomplice and John Doe picked up Desiderio and drove north of Gallup to a remote area. Desiderio ordered John Doe to pull over and pressed a knife to John Doe’s throat. During a struggle for the keys to the vehicle, Desiderio stabbed John Doe. The victim died as a result of the wounds inflicted by Desiderio. The murder occurred in McKinley County, New Mexico, on the Navajo Nation.

Upon his release from prison, Desiderio will be subject to five years of supervised release.

The Gallup resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Gallup Police Department, McKinley County Sheriff’s Office and the Navajo Police Department. Assistant United States Attorney Joseph Spindle prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal jury on Dec. 12 returned a guilty verdict on Derris Deshune Carpenter. The jury convicted Carpenter, 40, of Las Cruces, New Mexico, for being a felon in possession of a firearm.

On April 29, Carpenter was travelling on Interstate 25 north of Las Cruces when he approached a Border Patrol checkpoint. Before reaching the checkpoint, Carpenter turned around in an area that was not designated for turning, and proceeded south. U.S. Border Patrol Agents pursued Carpenter and stopped him. Inside the vehicle’s glove compartment, agents located a 9mm handgun.

At the time, Carpenter had previously been convicted of possession with intent to distribute a controlled substance in 2011. As a previously convicted felon, Carpenter cannot legally possess firearms or ammunition.

Carpenter will remain in custody pending sentencing, which has not been scheduled. He faces up to 10 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from U.S. Border Patrol. Assistant United States Attorneys Randy M. Castellano and Christopher McNair are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Gerardo Rafael Lara-Yanez was charged in federal court with intent to distribute 400 grams and more of fentanyl, possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine, conspiracy, being a felon in possession of a firearm, being an unlawful drug user in possession of a firearm, and possession of firearm in furtherance of a drug trafficking crime. Lara-Yanez, 24, of Albuquerque, will remain in custody pending trial, which has not been scheduled.

According to the complaint, in October the FBI Violent Gangs Task Force (VGTF) were investigating Jeffrey Alan Chavez, 35, of Albuquerque, for overseeing drug sales from at least three drug houses in southeast Albuquerque. Chavez allegedly employed Lara-Yanez to run one of the drug houses. In November, an FBI undercover employee (UCE) made contact with Lara-Yanez and Chavez, and Chavez allegedly indicated he could supply methamphetamine and fentanyl. The UCE met Lara-Yanez and Chavez at a drug house, where they allegedly provided 141.4 grams of methamphetamine and 550.1 grams of fentanyl pills in exchange for $9,250. During the transaction, Lara-Yanez allegedly handled multiple firearms, including a short-barreled shotgun and multiple pistols.

Lara-Yanez was arrested on Dec. 12. A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lara-Yanez faces a minimum of ten years and up to life in prison.

Chavez is charged with possession with intent to distribute 400 grams and more of fentanyl, possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine, conspiracy, being a felon in possession of a firearm and ammunition, being an unlawful drug user in possession of a firearm, and possession of firearm in furtherance of a drug trafficking crime. Chavez will remain in custody pending trial, which has not been scheduled.

Assistant United States Attorney Paul J. Mysliwiec is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Eric Chandler Watson made an initial appearance in federal court on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country. Watson, 21, of Tohatchi, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for Dec. 16.

According to the complaint, on Dec. 9, Watson allegedly was involved in argument with his grandfather at a residence in Tohatchi, on the Navajo Nation. After Watson allegedly pushed his grandfather in the chest, Watson’s uncle, identified as John Doe, attempted to intervene, and Watson and John Doe began to fight. When Watson’s grandparents attempted to break up the fight, Watson’s grandmother was knocked to the ground.

John Doe went inside the residence to get Watson’s Play Station gaming console. When Watson’s grandparents attempted to stop John Doe and take the Play Station, Watson allegedly began stabbing John Doe in the back with a pocketknife. The grandparents called the Navajo Police Department and Navajo Nation EMS. EMS assessed John Doe, and John Doe was transported to Gallup Indian Medical Center for care. In addition to multiple stab wounds, John Doe suffered a collapsed lung as a result of the assault.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Watson faces up to 10 years in prison.

The Navajo Department of Criminal Investigation and the FBI investigated this case with assistance from the Navajo Police Department. Special Assistant United States Attorney Mark Probasco is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Juan Rodriguez was charged by criminal complaint with sex trafficking of children. Rodriguez, 38, of Roswell, New Mexico, will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, the investigation of Rodriguez began on Nov. 18 when law enforcement officers in Chavez County, New Mexico, responded to a reported sexual assault involving a 12-year-old victim, identified as Jane Doe 1. Rodriguez allegedly had paid money to Jane Doe 1 in exchange for engaging in sexual activity on three occasions, beginning in September.

Rodriguez allegedly first contacted Jane Doe 2 via Snapchat two or three years earlier, when she was 10 or 11 years old. Rodriguez learned of Jane Doe 2’s address and parked outside her residence. Rodriguez allegedly gave $90 to Jane Doe 2 and another victim, identified as Jane Doe 3, for sexual activity.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Rodriguez faces a minimum of 15 years and up to life in prison.

The FBI’s Albuquerque Division Child Exploitation and Human Trafficking Task Force investigated this case with assistance from the Roswell Police Department. Assistant United States Attorney Joni Autrey Stahl 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/.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Audera Lee was sentenced to five years and 10 months in prison. Lee, 38, of Farmington, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on Oct. 15, 2021, to assault with a dangerous weapon.

On Oct. 23, 2020, Lee was driving a vehicle on Interstate 40 while severely intoxicated. An off-duty Cibola County Sheriff’s deputy, identified in court records as John Doe, observed her erratic driving and followed her down an off-ramp. After Lee stopped, John Doe, who was in full uniform with his badge displayed, removed her from her car. While John Doe attempted to call for assistance, Lee reentered her car and began driving the wrong way onto I-40.

John Doe pursued Lee, and Lee eventually pulled over. As John Doe approached Lee’s car, Lee got out of her vehicle, retrieved a knife from her pocket, and attempted to slash John Doe. John Doe drew his firearm and told Lee to drop the knife. Instead, Lee lunged at John Doe, who fired one shot, striking Lee in the torso. John Doe and emergency medical services immediately rendered aid to Lee.

The assault occurred in Cibola County on the Laguna Pueblo.

Upon her release from prison, Lee will be subject to three years of supervised release.

The FBI Albuquerque Field Office investigated this case with assistance from the Cibola County Sheriff’s Office. Assistant United States Attorney Joseph Spindle prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Alfonso Salcido Herrera, Jr., made an initial appearance in federal court on Dec. 12 on a criminal charging him with coercion and enticement of minors, sex trafficking of children, and transportation of minors. Herrera, 45, of Alamogordo, New Mexico, will remain in custody pending a preliminary and detention hearing scheduled for Dec. 20.

According to the complaint, beginning in 2018 and continuing into 2022, Herrera allegedly groomed and sexually abused at least four children who were between nine and 13 years old at the time of the abuse. Herrera allegedly used such “gifts” as vape pens, alcohol, sex toys and travel to coerce and entice the minor victims to engage in sexual acts with him. On various occasions, Herrera allegedly transported the victims from New Mexico into Texas and back for the purposes of engaging in sexual activities with the victims.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Herrera faces a mandatory minimum of 15 years and up to life in prison.

Homeland Security Investigations (HSI) investigated this case with assistance from the Alamogordo Police Department. Assistant United States Attorneys Joni Autrey Stahl and Matilda McCarthy Villalobos are 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/.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Paul Michael Astorga was sentenced on Dec. 8 to 26 years and eight months in prison. A federal jury convicted Astorga, 36, of Las Cruces, New Mexico, on Dec. 16 on one count each of being a felon in possession of a firearm and ammunition, possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime.

On Jan. 21, 2016, Astorga was sentenced three years and five months in prison, followed by a three-year term of supervised release with special conditions. Due to several violations of the terms of Astorga’s supervised release, a Petition for Revocation of Supervised Release was filed on Oct. 27, 2020, and an arrest warrant was issued on Oct. 28, 2020. On Nov. 3, 2020, Astorga was found in possession of a loaded 9mm handgun and 66 fentanyl pills.

Astorga was previously convicted of multiple felonies, including robbery, possession of a controlled substance, tampering with evidence, trafficking by possession with intent to distribute, and being a felon in possession of a firearm and ammunition. As a previously convicted felon, Astorga cannot legally possess firearms or ammunition.

Upon his release from prison, Astorga will be subject to three years of supervised release.

The FBI, United States Marshals Service and Las Cruces Police Department Metro Narcotics Taskforce investigated this case. Assistant United States Attorneys Maria Y. Armijo and Joni Autrey Stahl prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jeffrey Alan Chavez and Estevan Antonio Ramirez appeared in federal court facing drug trafficking and firearms charges. They will remain detained pending preliminary and detention hearings scheduled for Dec. 12.

Chavez, 35, of Albuquerque, is charged with possession with intent to distribute 400 grams and more of fentanyl, possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine, conspiracy, being a felon in possession of a firearm and ammunition, being an unlawful drug user in possession of a firearm, and possession of firearm in furtherance of a drug trafficking crime.

Ramirez, 18, of Albuquerque, is charged with possession with intent to distribute alprazolam (Xanax), being an unlawful drug user in possession of a firearm, possession of machineguns, and possession of a firearm in furtherance of a drug trafficking crime.

A third defendant, Gerardo Rafael “Alex” Lara-Yanez, 24, of Albuquerque, is currently wanted for arrest.

According to criminal complaints filed in court, in October the FBI Violent Gangs Task Force (VGTF) were investigating Chavez for overseeing drug sales from at least three drug houses in southeast Albuquerque. Chavez allegedly employed Lara-Yanez to run one of the drug houses. In November, an FBI undercover employee (UCE) made contact with Chavez and Lara-Yanez, and Chavez allegedly indicated he could supply methamphetamine and fentanyl. The UCE met Chavez and Lara-Yanez at a drug house, where they allegedly provided 141.4 grams of methamphetamine and 550.1 grams of fentanyl pills in exchange for $9,250. During the transaction, Lara-Yanez allegedly handled multiple firearms, including a short-barreled shotgun and multiple pistols.

Later in November, the UCE communicated with Chavez to request a pound of methamphetamine. Chavez allegedly agreed to supply a pound of methamphetamine, as well as additional fentanyl pills because the earlier amount sold had been short. The UCE met Chavez at a local restaurant to complete the transaction. However, Chavez allegedly arrived with the wrong order, instead bringing eight ounces of methamphetamine and 8,000 fentanyl pills. Chavez allegedly sold the methamphetamine and fentanyl pills to the UCE for $2,690.

On Dec. 7, the FBI along with the New Mexico State Police, Albuquerque Police Department, and Bernalillo County Sheriff’s Office executed seven federal search warrants. One of the premises searched was an apartment on High Street SE in Albuquerque, where agents located Ramirez in his bedroom. In the bedroom, agents found 1,312 Xanax tablets, two machineguns, 11 full-automatic selector switches, 4 full-automatic drop-in auto sear devices, several high-capacity ammunition magazines, drug packaging materials and $3,000 in U.S. currency.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty.

Assistant United States Attorney Paul J. Mysliwiec is prosecuting the case.

Wanted by the FBI: Gerardo Rafael “Alex” Lara-Yanez

Race: Hispanic

Age: 24

Height: 6'1

Weight: 150 pounds

Eyes: Brown

Hair: Black

Tattoos on forearms

Last known address: 8100 block Kathryn Street SE, Albuquerque, NM 87108

Vehicles:

Silver 2009 Audi 4 door, NM 22T-059274

White 2003 lnfini 4 door, NM ARHR09

Caution: Should be considered armed and dangerous

Anyone with information on this suspect’s whereabouts is asked to immediately contact the FBI at 1-800-CALL-FBI.

Gerardo Rafael “Alex” Lara-Yanez is charged in a federal criminal complaint with possession with intent to distribute 400 grams and more of fentanyl, possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine, conspiracy, being a felon in possession of a firearm, being an unlawful drug user in possession of a firearm, and possession of firearm in furtherance of a drug trafficking crime.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Martin Eriacho was sentenced to 10 years in prison. Eriacho, 52, of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, pleaded guilty on Sept. 7 to assault with a dangerous weapon and brandishing a firearm in furtherance of a crime of violence.

Just after midnight on Jan. 9, 2021, Eriacho drove to a residential area on the Zuni Reservation. From inside his car, Eriacho discharged a firearm twice, drawing attention from nearby residents. Several residents began to investigate the gunshots, including the victim, identified as John Doe. As he walked outside his residence, John Doe saw Eriacho, who he did not know, in a gray vehicle. When John Doe was about twenty feet away from Eriacho, Eriacho fired two more shots, one of which struck Doe in the arm, causing several fractures that required surgery.

Upon his release from prison, Eriacho will be subject to three years of supervised release.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorneys Joseph Spindle and Zachary Jones prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Willard Haven Dedios was arraigned on Dec. 2 on a two-count indictment charging him with production of child pornography and sexual abuse of an incapacitated person. Dedios, 59, of Farmington, New Mexico, and an enrolled member of the Jicarilla Apache Tribe, will remain in custody pending trial, which is scheduled for Feb. 6, 2023.

A federal grand jury indicted Dedios on Nov. 9. According to the indictment, on May 26, Dedios allegedly engaged in and attempted to engage in sexual acts with a minor, identified as Jane Doe, while the victim was incapacitated. Dedios also allegedly photographed the victim during the sexual abuse.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Dedios faces 15 to 30 years in prison for production of child pornography and up to life in prison for sexual abuse of an incapacitated person.

The FBI and the Jicarilla Apache Police Department investigated this case. Assistant United States Attorney Alexander F. Flores 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/.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal jury returned a guilty verdict on Rafael Columbie on Dec. 1. The jury convicted Columbie, 53, of Albuquerque, on one count each of conspiracy, possession with intent to distribute 50 grams and more of methamphetamine, and possession with intent to distribute 100 grams and more of heroin.

The case against Columbie was part of a long-term investigation into a conspiracy to distribute methamphetamine. On July 18, 2018, Columbie was traveling east on Interstate 40 when a New Mexico State Police Officer stopped Columbie for speeding. During a consensual search of the vehicle, officers found over 2.5 kilograms of methamphetamine and over 200 grams of heroin in bundles within a Coca-Cola soda box behind the driver seat.

Columbie will remain in custody pending sentencing, which has not been scheduled. He faces a minimum of 10 years and up to life in prison.

The Drug Enforcement Administration investigated this case with assistance from the New Mexico State Police. Assistant United States Attorneys Peter J. Eicker and David B. Hirsch are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jeremiah Tenorio has been charged in connection with a shooting on the San Felipe Pueblo. Tenorio, 26, and an enrolled member of the San Felipe Pueblo, appeared in federal court on Nov. 28 for a detention hearing, facing charges of assault with a dangerous weapon, assault resulting in serious bodily injury, and discharging a firearm in relation to a crime of violence. Tenorio will remain on conditions of release pending trial, which has not been scheduled.

According to a criminal complaint, on Nov. 2, Tenorio and others allegedly arrived at the residence of the victim, identified as John Doe, in response to an altercation earlier that day. The group allegedly mistook John Doe for one of the people involved in the altercation. Tenorio allegedly shot John Doe twice before the group fled.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Tenorio faces up to 10 years in prison for assault with a dangerous weapon and assault resulting in serious bodily injury, and a minimum of 10 years and up to life in prison for discharging a firearm in relation to a crime of violence.

The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Djuan Anthony Aldredge was charged with possession with intent to distribute methamphetamine and possession of firearms in furtherance of drug trafficking. Aldredge, 30, of Las Cruces, New Mexico, appeared in federal court on Nov. 30 for a detention hearing and will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on July 1, FBI agents and officers with the Southern New Mexico Safe Streets Gang Task Force executed a federal search warrant for Aldredge, his residence in Las Cruces and his vehicle. In Aldredge’s bedroom, investigators found 305.8 grams of methamphetamine, two pistols, a 60-round ammunition drum, multiple ammunition magazines, assorted ammunition, body armor and firearms accessories. Investigators also found another pistol in Aldredge’s vehicle, and two rifles in the closet of another bedroom in the residence.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Aldredge faces a potential mandatory minimum sentence of five years and up to 40 years in prison for possession with intent to distribute methamphetamine and a minimum of five years and up to life in prison for possessing firearms in furtherance of drug trafficking.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Southern New Mexico Safe Streets Gang Task Force and the Las Cruces/Dona Ana County Metro Narcotics Agency. Assistant United States Attorney Matthew Ramirez is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jesus Manuel Castaneda-Villa pleaded guilty on Nov. 29 to carjacking resulting in serious bodily injury. Castaneda-Villa, 32, of Las Cruces, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, on Dec. 3, 2021, the victim allegedly met with Castaneda-Villa, her ex-boyfriend, in a La Quinta hotel in Las Cruces. After the two began to argue, Castaneda-Villa threw a toolbox at the victim. He demanded her car keys, threatened to put a “bullet through your head,” then pointed a firearm at her and took her purse and cell phone. As Castaneda-Villa was going through her purse, the victim jumped from an open window to escape. Castaneda-Villa then fled in the victim’s vehicle.

During her escape, the victim broke her right wrist, which caused her extreme physical pain and resulted in the protracted impairment of her ability to use her right hand.

 By the terms of the plea agreement, Castaneda-Villa faces 11 years and eight months in prison.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the U.S. Marshals Service, Las Cruces Police Department, New Mexico State Police and District Attorney's Office for the 3rd Judicial District of New Mexico. Assistant United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case.

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