FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Enrolled member of Mescalero Apache Tribe pleads guilty to abusive sexual contact in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – David Joe Melendrez, 55, of Mescalero, New Mexico pleaded guilty yesterday in federal court in Las Cruces, New Mexico, to abusive sexual contact with a child in Indian Country as part of a pattern of sexual abuse of children committed over the course of more than 20 years.
In Melendrez’s plea agreement, he admitted to abusive sexual contact with a child in December 2018 at a home within the boundaries of the Mescalero Apache Reservation. Melendrez, an enrolled member of the Mescalero Apache Tribe, sexually abused the victim as she was sleeping during the night. He continued to abuse her after she woke up. Melendrez also abused the victim, who is also a member of the Mescalero Apache Tribe, on other previous occasions over the course of seven years. Melendrez also admitted sexually abusing four other child victims in New Mexico and Arizona dating back to 1995. Three of these other victims are also members of the Mescalero Apache Tribe.
Melendrez is currently in custody awaiting sentencing. He faces up to life in prison.
The Las Cruces Resident Agency of the FBI investigated this case with the assistance of the Bureau of Indian Affairs. Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.
Man from Las Vegas, New Mexico pleads guilty to federal charge of possession with intent to distribute crack cocaineRead the Press Release
ALBUQUERQUE, N.M. – Anthony Paul Salazar, 23, of Las Vegas, New Mexico pleaded guilty in federal court in Albuquerque on Jan. 14 to a charge of possession with intent to distribute crack cocaine (cocaine base).
In Salazar’s plea agreement, he admitted committing this offense in San Miguel County on Sept. 19, 2019. Salazar stored 31 bundles of crack cocaine in a film container at his home in Las Vegas. He intended to sell this crack cocaine. The FBI and New Mexico State Police arrested Salazar and seized the drugs during the execution of a federal search warrant at his residence.
Salazar is currently out of custody awaiting sentencing. He faces up to 20 years in prison.
The FBI investigated this case with the New Mexico State Police. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Man from Albuquerque sentenced to more than 20 years in federal prison for methamphetamine trafficking and firearm possessionRead the Press Release
ALBUQUERQUE, N.M. – Waldo Nahle, 37, of Albuquerque, New Mexico was sentended in federal court in Santa Fe, New Mexico on Jan. 10 to more than 20 years (250 months) in prison on three counts of distribution of methamphetamine, two counts of conspiracy to distribute methamphetamine, and one count of being a felon in possession of a firearm.
Nahle previously pleaded guilty to these offenses on July 22, 2019. According to public court documents, Nahle participated in sales of methamphetamine to an undercover agent on three different occasions in July 2016. Nahle conspired with his supplier and another methamphetamine trafficker in obtaining the drugs provided to the undercover agent in these transactions.
Nahle also sold a pistol to the undercover agent and a confidential informant during the first transaction. Nahle was prohibited from possessing any firearms at the time of this offense based on prior felony convictions for armed robbery with a deadly weapon, battery of a peace officer, being a felon in possession of a firearm and shooting from a motor vehicle.
Following Nahle’s arrest for these offenses, he committed an additional offense of assaulting and impeding a federal employee. According to public court records, he assaulted a guard at the Sandoval County Detention Center on May 11, 2017. Nahle held the guard while another inmate kicked and punched the guard. Nahle pleaded guilty to this offense on Aug. 23, 2018. He is awaiting sentencing in this matter.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with assistance from the Drug Enforcement Administration. Assistant U.S. Attorneys Kimberly A. Brawley and Eva M. Fontanez prosecuted the case.
Man from Zuni Pueblo pleads guilty to assaulting two children in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Stanton Sanchez, 32, of Zuni, New Mexico, pleaded guilty in federal court in Albuquerque on Jan. 9 to two charges of assault of a minor resulting in serious bodily injury.
In Sanchez’s plea agreement, he admitted to committing the offenses on the Zuni Pueblo in McKinley County on July 22, 2018. Sanchez was intoxicated and driving too fast when he hit two children who were walking down a residential road. Sanchez’s blood alcohol content was more than twice the legal limit. Both children suffered serious injuries.
Sanchez is currently in custody pending sentencing. He will receive a sentence of 10 years in custody under the terms of his plea agreement.
The Pueblo of Zuni Tribal Police Department investigated this case. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Man from Pinehill, New Mexico pleads guilty to assault and firearms charges in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Harrington Alonzo, 34, of Pinehill, New Mexico, pleaded guilty in federal court in Albuquerque on January 6 to charges of assault with a dangerous weapon in Indian Country, and using and carrying a firearm during and in relation to a crime of violence, and possessing and discharging the firearm in furtherance of such crime.
A grand jury previously returned an indictment against Alonzo on May 22, 2019.
According to Alonzo’s plea agreement, he committed this crime in Cibola County on April 24, 2019. Alonzo unlawfully assaulted a Navajo Nation police officer by shooting at the officer with a semiautomatic handgun. The officer was responding to a domestic dispute between Alonzo and his girlfriend. Alonzo is an enrolled member of the Navajo Nation where this crime occurred. Alonzo is currently in custody pending sentencing.
The Gallup resident office of the FBI and the Ramah Navajo Police Department investigated this case. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
Man from Santo Domingo Pueblo sentenced to 15 years in federal prison for sexual abuseRead the Press Release
ALBUQUERQUE, N.M. – Clarence Garcia, 64, an enrolled member of the Santo Domingo Pueblo, who resides in Santo Domingo Pueblo, New Mexico, was sentenced today in federal court in Albuquerque to 15 years (180 months) in prison for abusive sexual contact.
Garcia pleaded guilty to this offense on Sept. 13, 2019. In his plea agreement, Garcia admitted that he committed the crime on the Santo Domingo Pueblo in Sandoval County on Nov. 10, 2013 by touching the genitalia of a girl under the age of 12 to gratify his own sexual desire.
The FBI and the Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Larry Mitchell Hopkins pleads guilty to federal firearm charge in New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Larry Mitchell Hopkins, who is also known as Johnny Horton Jr., 70, of Flora Vista, New Mexico, pleaded guilty in federal court in Albuquerque today to being a felon in possession of a firearm.
A grand jury indicted Hopkins for this offense on April 24, 2019. In his plea agreement, Hopkins admitted committing this offense in San Juan County by possessing nine pistols, rifles, and shotguns on Nov. 28, 2017. Hopkins also admitted possessing ammunition after being previously convicted of felony offenses in Michigan, Oregon, and South Dakota, including illegal weapon possession and impersonating a peace officer.
Hopkins is currently in custody awaiting sentencing. He faces up to 10 years in prison for this offense.
The FBI investigated this case. The Sunland Park Police Department assisted in arresting Hopkins. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Albuquerque Man Pleads Guilty to Three Armed Robberies at Local BusinessesRead the Press Release
ALBUQUERQUE, N.M. – Lalonzo Simmons, 44, of Albuquerque, NM, pleaded guilty today in federal court to committing three armed robberies with another man in 2018.
Simmons pleaded guilty to three counts of an indictment charging him with interference with commerce by robbery and violence and one count of using, carrying, brandishing, and discharging a firearm during a crime of violence. Simmons also pleaded guilty to a felony information charging him with being a felon in possession of a firearm.
Simmons admitted in his plea agreement that he committed these armed robberies at businesses in Albuquerque over the course of two months. Simmons admitted another man assisted him in these robberies, and that both of them possessed firearms during the crimes.
According to the plea agreement, Simmons and the other man robbed a fast food restaurant on March 19, 2018. During this robbery, Simmons accidentally discharged an assault rifle behind the counter. Later in the robbery, Simmons pressed his rifle to the back of a store employee to force the employee to open a cash register. The other man shot his gun while in a back room of the restaurant with another employee. Both Simmons and the other man fled the store with cash from the register.
In his plea agreement, Simmons admitted that he and the other man also robbed a marijuana dispensary on April 3, 2018. They ordered employees at gunpoint to sit down. The other man grabbed cash from a register. Both men also stole marijuana products from the store before fleeing.
Simmons also admitted that he and the other man also robbed a different marijuana dispensary on May 1, 2018. This time Simmons used a pistol in the offense. Simmons stood guard at the door while the other man fired his gun into the ceiling, threatened employees and customers, and stole money and marijuana products.
Police arrested Simmons at his home a few hours after the third robbery. Simmons had a rifle with an obliterated serial number at his home at the time of his arrest.
Simmons faces up to 20 years in prison for each count of interference with interstate commerce by robbery or violence. He faces from 10 years to life in prison for using, carrying, brandishing, and discharging a firearm and for being a felon in possession of a firearm.
Simmons currently is in custody awaiting sentencing. He previously was convicted of an unrelated charge of armed robbery with a deadly weapon, theft of means of transportation, aggravated battery with great bodily harm, conspiracy to commit aggravated burglary, and false imprisonment.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with the Albuquerque Police Department. Special Assistant U.S. Attorney Timothy Trembley prosecuted the case as part of the U.S. Attorney’s Office’s “SAUSA Partnership” with the 2nd Judicial District Attorney’s Office, a joint initiative designed to reduce violent crime in Albuquerque.
U.s. Attorney’s Office Collects $1,914,673.40 in Civil and Criminal Actions in Fiscal Year 2019Read the Press Release
ALBUQUERQUE, N.M. - U.S. Attorney John C. Anderson announced today that the United States Attorney’s Office for the District of New Mexico collected $1,914,673.40 in criminal and civil actions in Fiscal Year 2019. Of this amount, $1,411,492.49 was collected in criminal actions and $503,180.91 was collected in civil actions.
“One of the most powerful tools in the prosecution of drug, financial, and other crime is the ability to divest criminals of their ill-gotten gains and compensate victims for physical injury and monetary losses,” said U.S. Attorney John C. Anderson. “Collection is also effective in civil litigation to recover government money lost to fraud and penalize other misconduct. These impressive criminal and civil collections in 2018 demonstrate the commitment of the U.S. Attorney’s Office to providing economic justice to the people of New Mexico.”
As one example of the U.S. Attorney’s collection efforts, in Oct. 2018, the District of New Mexico recovered $184,251.79 from a defendant who filed false tax returns for 10 years. The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office for the District of New Mexico, working with partner agencies and divisions, collected $1,349,432 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Member of Syndicato de Nuevo Mexico prison gang faces federal charges of racketeering and firearm possessionRead the Press Release
ALBUQUERQUE, N.M. – Jody Rufino Martinez, 40, of Truchas, New Mexico appeared in federal court in Albuquerque yesterday for arraignment on a superseding indictment charging him with racketeering and being a felon in possession of a firearm.
A grand jury returned the superseding indictment charging these offenses on Dec. 11, 2019. A grand jury previously indicted Martinez on Oct. 16, 2019, for the firearm offense only. According to the superseding indictment, Martinez was a member of the Syndicato de Nuevo Mexico gang from 1998 through June 7, 2019. SNM is a powerful and violent prison gang formed soon after a deadly riot at the Penitentiary of New Mexico in 1980. SNM has allegedly controlled drug distribution and other illegal activities within the New Mexico prison system and engaged in street-level narcotics trafficking.
The superseding indictment accuses Martinez of racketeering conspiracy for conducting affairs of the SNM gang as a criminal enterprise through a pattern of criminal activity. This activity allegedly included beating a corrections officer on Oct. 31, 1999, and shooting a rival and intimidating a witness on Oct. 24, 2018.
Martinez is currently in custody awaiting trial on the superseding indictment. He faces up to 20 years in prison for racketeering and up to 10 years in prison for being a felon in possession of a firearm. An indictment is only an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
The FBI investigated this case with the New Mexico Corrections Department and the New Mexico State Police. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Man from Albuquerque sentenced to more than 14 years in prison for robbery and firearms chargesRead the Press Release
ALBUQUERQUE, N.M. – Anthony Romero, 38, of Albuquerque, New Mexico, was sentenced in federal court in Albuquerque on Dec.16 to more than 14 years (171 months) in prison for interference with interstate commerce by robbery and using, carrying, and discharging a firearm during and in relation to a crime of violence.
Romero pleaded guilty to these offenses on Sept. 3. In his plea agreement, he admitted robbing a pizza restaurant in Albuquerque on May 9, 2017. Romero went to a drive-through window and threatened an employee with a firearm. He fired two shots from a .45 caliber revolver and then entered the restaurant through the window where he forced the employee to empty three cash registers. Romero fled the scene with the money in a leather bag. In Romero’s plea agreement, he also admitted to committing other robberies the same day.
The FBI investigated the case with the Albuquerque Police Department. Special Assistant U.S. Attorney Timothy Trembley prosecuted the case as part of the U.S. Attorney’s Office’s “SAUSA Partnership” with the Bernalillo County District Attorney’s Office, a joint initiative designed to reduce violent crime in Albuquerque.
U.s. Attorney John C. Anderson of the District of New Mexico to Announce Stream of Law Enforcement Resources to Address Persistent Violent Crime in AlbuquerqueRead the Press Release
U.S. ATTORNEY JOHN C. ANDERSON OF THE DISTRICT OF NEW MEXICO TO ANNOUNCE STREAM OF LAW ENFORCEMENT RESOURCES TO ADDRESS PERSISTENT VIOLENT CRIME IN ALBUQUERQUE
****** MEDIA ADVISORY ******
ALBUQUERQUE, N.M. – United States Attorney John C. Anderson will announce Attorney General William P. Barr’s new initiative to reduce violent crime in Albuquerque.
WHO:
John C. Anderson
United States Attorney for the District of New Mexico
Sonya K. Chavez
United States Marshal for the District of New Mexico
James C. Langenberg
Special Agent in Charge of the Albuquerque Field Office
Federal Bureau of Investigation
Monique Y. Villegas
Special Agent in Charge of the Phoenix Field Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
Kyle W. Williamson
Special Agent in Charge of the El Paso Division
Drug Enforcement Administration
Mike Geier
Chief of Police
Albuquerque Police Department
Manuel Gonzales III
Sheriff
Bernalillo County Sheriff’s Office
WHAT:
The United States Attorney and Department of Justice law enforcement leaders will announce their participation in a new violent crime reduction initiative.
WHEN:
Wednesday, December 18, 2019
12:30 p.m. MST (2:30 P.M. EST)
WHERE:
The United States Attorney’s Office for the District of New Mexico
201 Third Street N.W.
Suite 900
Albuquerque, New Mexico 87102
OPEN PRESS
NOTE: All media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid
media credentials.
Media representatives must arrive by 12:00 p.m. MST. Inquiries regarding logistics should be directed to Assistant U.S. Attorney Sean J. Sullivan at 505-224-1514.
Do not reply to this message. If you have questions, please use the email addresses and telephone numbers for the contacts in the message.
Member of Zuni Pueblo pleads guilty in federal court to strangling and suffocating woman in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Ferrigno Yuselew, 37, of Zuni, New Mexico, pleaded guilty in federal court in Albuquerque yesterday to a charge of assault of an intimate partner by strangling or suffocating.
In Yuselew’s plea agreement, he admitted to committing the offense on the Zuni Pueblo in McKinley County on December 17, 2015. Yuselew put his hands around his wife’s neck and strangled her until she lost consciousness. The couple’s two children were at home during the assault. Yuselew is an enrolled member of Zuni Pueblo.
Yuselew is currently in custody pending sentencing. He faces up to 21 months in prison under the terms of his plea agreement.
The Pueblo of Zuni Tribal Police Department investigated this case. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Attorney General William P. Barr and U.S. Attorney John C. Anderson announce launch of Operation Relentless PursuitRead the Press Release
ALBUQUERQUE, N.M. - Attorney General William P. Barr and John C. Anderson, the U.S. Attorney for the District of New Mexico, announced today the launch of Operation Relentless Pursuit, an initiative aimed at combating violent crime in seven of America’s most violent cities – including Albuquerque - through a stream of federal resources.
At a press conference in Detroit, Attorney General Barr pledged to intensify federal law enforcement resources into Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee – seven American cities with violent crime levels several times the national average. Attorney General Barr was joined at the press conference by Acting Director Regina Lombardo of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Acting Administrator Uttam Dhillon of the Drug Enforcement Administration, Director Christopher Wray of the FBI, and Director Donald W. Washington of the U.S. Marshals Service.
United States Attorney John C. Anderson and Albuquerque-based federal and local law enforcement leaders announced their participation in the initiative in a press conference in Albuquerque immediately following the Attorney General’s press conference.
“Americans deserve to live in safety,” said Attorney General William P. Barr. “And while nationwide violent crime rates are down, many cities continue to see levels of extraordinary violence. Operation Relentless Pursuit seeks to ensure that no American city is excluded from the peace and security felt by the majority of Americans, while also supporting those who serve and protect in these communities with the resources, training, and equipment they need to stay safe.”
“We sincerely appreciate the commitment of Attorney General Barr and the Department of Justice to addressing violent crime in Albuquerque,” said U.S. Attorney Anderson. “Operation Relentless Pursuit comes at a time when sustained federal support is urgently needed to help all the brave men and women in law enforcement who are daily called upon to respond to acts of violent crime on the streets of Albuquerque. We stand by them, and we will continue to work to strengthen all of our existing partnerships to meet the challenges ahead.”
“The U.S. Marshals Service is proud to work jointly with our law enforcement partners here in New Mexico to bring new resources to our state and enhance our ability focus on high-crime areas,” said Sonya K. Chavez, United States Marshal for the District of New Mexico. “This initiative will also send a strong message to those who choose to repeatedly break the law. We are not going away and we will continue to work together as a community to provide safe streets and a safe environment for New Mexico families.”
“The men and women of the Albuquerque FBI Division are eager and ready to participate in this initiative not only because fighting crime is what we do, but also because we live here and care deeply about the safety of our communities,” said James C. Langenberg, Special Agent in Charge of FBI’s Albuquerque Field Office. “We will use the extra resources that will come through Operation Relentless Pursuit to continue to go after the violent repeat offenders responsible for much of the crime in our neighborhoods.
“Reducing violent crime in our community is a challenge that must be tackled head-on with our long standing partnership with state and local law enforcement professionals,” said ATF Special Agent in Charge Monique Villegas of the Phoenix Field Division. “Through the use of innovative crime gun enforcement strategies, combined with the skill sets and capabilities of all four of DOJ’s federal law enforcement agencies allows us to focus on those communities that are victimized by gun violence.”
“The DEA is proud to participate in this important nationwide initiative to reduce violent crime,” said Special Agent in Charge Kyle W. Williamson of DEA’s El Paso Division. “By working together with shared determination, law enforcement agencies can leverage their individual tools, resources and expertise to make a positive and lasting impact around the country and in our local communities like Albuquerque.”
Operation Relentless Pursuit will involve increasing the number of federal law enforcement officers to the selected cities, as well as bulking up federal task forces through collaborative efforts with state and local law enforcement partners. The surge in federal agents will be complemented by a financial commitment of up to $71 million in federal grant funding that can be used to hire new officers, pay overtime and benefits, finance federally deputized task force officers, and provide mission-critical equipment and technology.
Man from Las Cruces sentenced to more than 15 years in prison for illegal drug and gun possessionRead the Press Release
ALBUQUERQUE, N.M. – David Adrian Enriquez, 35, of Las Cruces, New Mexico was sentenced on December 13 in federal court in Las Cruces, New Mexico to 188 months in prison for possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.
Enriquez pleaded guilty to these offenses on July 2. In his plea agreement, he admitted to possessing a .45 caliber pistol illegally in his car when police stopped him for reckless driving on Dec. 25, 2018. Enriquez also possessed methamphetamine, cocaine, and prescription pills illegally at his home when police arrested him there on March 1, 2019. The methamphetamine weighed about 1109 grams. Enriquez intended to distribute it. Enriquez also possessed a small scale, plastic bags, $1050 in cash, and three counterfeit $100 bills. Enriquez also possessed another pistol, rifle, and ammunition at his home. Enriquez was forbidden from possessing these firearms and ammunition because of prior felony convictions.
The FBI investigated this case with the Las Cruces Police Department and the Las Cruces/Doña Ana County Metro Narcotics Agency. Assistant U.S. Attorney Randy Castellano of the Las Cruces Branch Office prosecuted the case.
Man from Las Cruces sentenced to 25 years in federal prison on child pornography chargesRead the Press Release
ALBUQUERQUE, N.M. – John Henry Bevel Jr., 44, of Las Cruces, New Mexico, was sentenced on Dec. 12 in federal court in Las Cruces, New Mexico to 25 years (300 months) in prison on child pornography charges. Bevel was also ordered to pay $25,000.00 in restitution to one of the victims of his crime.
Bevel pleaded guilty to advertising visual depictions of minors engaged in sexually explicit conduct, distribution of child pornography, receipt of child pornography, and possession of child pornography.
In Bevel’s plea agreement, he admitted using a messaging application on his cell phone between Oct. 17, 2017, and Oct. 18, 2017, to communicate with another person about receiving and exchanging videos and photographs of minors engaged in sexual activity. Bevel also admitted sending child pornography over a messaging application on Sept. 25, 2017. Bevel also admitted possessing child pornography in an online storage account on Sept. 24, 2017. Bevel previously lived in Albuquerque.
Homeland Security Investigations investigated this case with the assistance of the Las Cruces Police Department. Assistant U.S. Attorney Marisa A. Ong of the Las Cruces Branch Office prosecuted the case.
Man from Española pleads guilty to robbing restaurant and gas station on the Santa Clara PuebloRead the Press Release
ALBUQUERQUE – Michael Duran, 33, of Española, N.M., and a member of the Ohkay Owingeh tribe, pleaded guilty in federal court in Albuquerque on December 13 to robbing a restaurant and gas station on the Santa Clara Pueblo in October 2017.
Duran pleaded guilty to an information charging him with one count of interference with interstate commerce by robbery and violence, two counts of assault with a dangerous weapon, and one count of discharging a firearm during a crime of violence. According to the information and other public court records, Duran robbed a gas station convenience store in Española on Oct. 1, 2017, by entering the business, pointing a gun at the store clerk, and demanding money from the cash register. He got away with $50 in cash and several boxes of cigarettes.
On Oct. 16, 2017, Duran robbed a restaurant in Española. He approached the walk-up order window and demanded money while pointing a firearm at a restaurant employee. Duran fired his weapon into the business and fled the scene. No one was injured.
Duran is currently in custody awaiting sentencing. He faces a sentence of 198 months in prison under the terms of his plea agreement.
The Northern Pueblo Agency of the Bureau of Indian Affairs investigated this case with assistance from the Espanola Police Department. Assistant U.S. Attorneys David P. Cowen and Jennifer M. Rozzoni are prosecuting the case.
- Justice Department Awards More Than $333 Million to Fight Opioid Crisis
Saudi Arabian national and UNM engineering student arrested for being an alien in possession of a firearmRead the Press Release
ALBUQUERQUE, N.M. – Hassan Alqahtani, 28, of Saudi Arabia, made an initial appearance in federal court in Albuquerque today on a criminal complaint charging him with illegal possession of a firearm by an alien admitted to the United States under a nonimmigrant visa.
According to a criminal complaint, Alqahtani allegedly possessed a .380 caliber firearm at his residence when the FBI searched the property on December 12, 2019. Alqahtani is a citizen of Saudi Arabia. He was lawfully admitted into the United States on a student visa. Alqahtani is currently enrolled at the University of New Mexico School of Engineering.
Alqahtani is currently in custody pending a detention hearing on December 16. He faces up to ten years in prison if convicted of the charged offense. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
The Albuquerque office of the FBI investigated this case. Assistant U.S. Attorney George Kraehe is prosecuting the case.
Man from Albuquerque sentenced to more than 18 years in federal prison for two armed robberiesRead the Press Release
ALBUQUERQUE, N.M. – Eric Matthew Reddick, 23, of Albuquerque was sentenced in federal court on December 10 to 217 months in prison for two armed robberies he committed in 2017.
According to public court records, Reddick committed the first armed robbery in Albuquerque on October 3, 2017. Reddick and another man went inside a gas station carrying firearms. They wore masks, gloves, and hats to conceal their identities. Reddick and the other man pointed their guns at a clerk and demanded money. The clerk told them to calm down and assured them he would get the money. However, Reddick shot his pistol at shelves of liquor behind the clerk. The clerk then handed over money from the cash register. Reddick and the other man fled the store.
On October 6, 2017, Reddick went to a convenience store in Albuquerque. He picked up a pack of gum and put in on the counter with a dollar bill. When the clerk opened a cash register, Reddick pulled out a pistol and demanded money. This was the same gun Reddick used in the previous robbery three days earlier. Reddick took money from the clerk and left the store with two witnesses watching him. One of the witnesses took a cell photo picture of Reddick as he ran towards a car. Reddick fired several shots at the witnesses, striking one in the neck and the other in the leg. Reddick fled the scene in a stolen vehicle but police later tracked him down at a restaurant parking lot. Officers stopped the vehicle, arrested Reddick, and seized the gun used in the robberies.
On November 30, 2017, Reddick pleaded guilty to an indictment charging him with interference with interstate commerce by robbery and carrying, brandishing, and discharging a firearm during and in relation to a crime of violence. These charges stemmed from the robbery on October 6, 2017. On March 25, 2019, Reddick pleaded guilty to an information charging him with interference with interstate commerce by robbery. This charge stemmed from the robbery on October 3. Reddick received concurrent sentences of 97 months in prison for the two robbery offenses. He received a consecutive sentence of 120 months in prison for the firearm offense for a total sentence of 217 months imprisonment.
The FBI investigated this case with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Albuquerque Police Department. Special Assistant U.S. Attorney Timothy Trembley prosecuted the case as part of the U.S. Attorney’s Office’s “SAUSA Partnership” with the Bernalillo County District Attorney’s Office, a joint initiative designed to reduce violent crime in Albuquerque.
Woman from Santa Fe faces federal charges of illegally cashing more than $100,000 in checks drawn on U.S. TreasuryRead the Press Release
ALBUQUERQUE, N.M. – Zayra Olivia Alvarado, 36, of Santa Fe, New Mexico, appeared in federal court in Albuquerque on December 6 for an arraignment on an indictment charging her with theft of public money from the United States.
A grand jury returned an indictment against Alvarado on November 20. The indictment charged Alvarado with 100 counts of allegedly cashing checks drawn on the U.S. Department of Treasury each in the amount $1000 or more. Alvarado allegedly committed these offenses between February 17, 2015, and October 26, 2015, causing a loss to the Treasury of hundreds of thousands of dollars.
Alvarado is currently out of custody pending trial. She faces up to 10 years in prison for each offense. An indictment is only an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
The Internal Revenue Service Criminal Investigation investigated this case. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
Man from Roswell sentenced to 207 months in prison for firearm and drug offenses after shooting at police following high-speed chase in 2017Read the Press Release
ALBUQUERQUE, N.M. – Jose Manuel Diaz-Montelongo, 32, of Roswell, New Mexico was sentenced yesterday in federal court to 207 months in prison for discharging a firearm during a drug trafficking crime and possession with intent to distribute methamphetamine.
Diaz-Montelongo pleaded guilty to these offenses on February 21, 2018. According to public court documents, Diaz-Montelongo led police officers in Roswell on a high-speed chase on September 24, 2017. Diaz-Montelongo then barricaded himself inside his car for more than two hours before fleeing to a rifle range where he used a berm as cover while shooting at police officers and deputy sheriffs with an assault rifle. Diaz-Montelongo eventually surrendered to law enforcement. Police recovered the assault rifle, two pistols, and about 54.6 grams of methamphetamine from the scene.
Homeland Security Investigations investigated this case with assistance from the New Mexico State Police, Roswell Police Department, and Chaves County Sheriff’s Office. Assistant U.S. Attorney Aaron O. Jordan of the Las Cruces Branch Office prosecuted the case.
Former Civilian Employee of the U.S. Air Force Pleads Guilty to Making False StatementsRead the Press Release
A former civilian employee of the United States Air Force (USAF) pleaded guilty today for making false statements in connection with a federal investigation into the employee’s theft of government funds.
Gregory Burris, 48, of Miesau, Germany, pleaded guilty to one count of making false statements before U.S. Magistrate Judge Karen B. Molzen of the District of New Mexico. A sentencing date has not been set.
According to documents filed with the court and admissions made in connection with Burris’s plea, between approximately 2013 and 2016, Burris was employed by the USAF as a Resource Advisor and was assigned to a multinational electronic warfare training facility (Polygone) near Ramstein Air Base in Germany. In this position, Burris was responsible for, among other duties, generating and transmitting invoices and payment instructions to foreign militaries for their use of Polygone’s facilities.
Between early 2015 and early 2016, Burris generated and transmitted six invoices to foreign militaries for money owed to the U.S. government for expenses related to Polygone-sponsored training exercises. Burris directed these militaries to transmit payment of the invoices to Burris’s personal checking account at a German bank, held jointly with his wife, rather than the authorized Department of Defense (DOD) bank account. As a result of Burris’s instructions, foreign militaries unwittingly deposited approximately $144,953.41 into Burris’s personal bank account.
Federal investigators in Albuquerque, New Mexico, interviewed Burris on Aug. 29, 2018. During the interview, he falsely stated that after receiving the deposits from the foreign militaries in his personal bank account, he wire-transferred the funds from his personal bank account to the authorized DOD bank account by requesting and authorizing each transfer in person at his local bank branch in Germany. In fact, Burris used the entirety of these funds to pay for personal expenses.
The Air Force Office of Special Investigations and the Department of Defense Office of the Inspector General investigated this case. Trial Attorney Erica O’Brien Waymack of the Criminal Division’s Public Integrity Section is prosecuting the case.
Navajo Man Sentenced to 36-Months for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE, N.M. – Harry Jim, Jr., 36, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced on Dec. 3, 2019, in federal court in Albuquerque, N.M., to 36 months of imprisonment for his conviction on an assault resulting in serious bodily injury charge. Jim will be on supervised release for three years after completing his prison sentence.
Jim was arrested on July 13, 2018, on a criminal complaint charging him with assault resulting in serious bodily injury, and remained in custody since his arrest. Jim was indicted on Nov. 28, 2018. According to the indictment, Jim assaulted a man resulting in serious bodily injury on or about July 7, 2018, on the Navajo Indian Reservation in San Juan County, N.M.
Jim pleaded guilty to the indictment on June 13, 2019. In his plea agreement, Jim admitted that he operated a motor vehicle while under the influence of alcohol and caused a crash on the Navajo Nation. The crash caused a man in another vehicle to suffer a broken femur and finger.
The case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI, and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.
Former Private Prisoner Transport Officer Sentenced to Prison for Sexually Assaulting an Individual During a TransportRead the Press Release
James Baldinger, 51, a former private prisoner transport officer with the Prisoner Transportation Services of America LLC (PTS), was sentenced today in federal court in Albuquerque, New Mexico, to two years in prison for sexually assaulting a female during transport.
According to court documents, Baldinger worked as a transport officer for PTS, a private prisoner extradition company that contracts with government agencies to transport individuals arrested on out-state-warrants to the extraditing jurisdiction. On or about July 11-12, 2017, during a transport from Kentucky to Bernalillo County, New Mexico, Baldinger sexually assaulted a female who was in his custody. Specifically, he touched her while she was restrained and without her consent. As a result of Baldinger’s conduct, the victim suffered pain and injury. Baldinger admitted that he knew what he was doing was wrong and against the law, yet he did so anyway.
“The Department of Justice will hold accountable anyone who uses their law enforcement authority to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these despicable crimes.”
“Every individual has a fundamental right not be sexually assaulted. By taking advantage of his power over the victim, and sexually abusing her, this defendant committed a grievous violation of the public trust,” said U.S. Attorney John C. Anderson for the District of New Mexico. “Today’s sentence should send a clear message that the United States Attorney’s Office for the District of New Mexico will work tirelessly to bring to justice those who abuse their authority to perpetrate such appalling crimes.”
This case was investigated by the Albuquerque Division of the FBI and the New Mexico State Police. It was prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division of the U.S. Department of Justice, as well as Assistant United States Attorney Shaheen Torgoley, formerly of the District of New Mexico and Assistant United States Attorney Kimberly Brawley, of the District of New Mexico.
Accountant pleads guilty to tax evasion after failing to report more than $600,000 embezzled from non-profit foundation in Alamogordo, New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Marion L. Ledford, 65, of Alamogordo, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico today to tax evasion for failing to report income embezzled from the non-profit organization where Ledford was a director.
Ledford pleaded guilty to an information charging Ledford with submitting a personal income tax return on April 28, 2016, that substantially underreported Ledford’s taxable income for 2015. According to Ledford’s plea agreement, Ledford was a director for the Robert W. Hamilton Foundation, a non-profit organization providing scholarships to high school graduates in Otero County, New Mexico. Ledford controlled the foundation’s finances without oversight. This allowed Ledford to write $1,785,300 in checks to himself from the foundation’s accounts.
Ledford filed tax returns for 2011 to 2016 that reported some of Ledford’s income but did not report the additional money Ledford embezzled from the foundation by writing the checks. This caused a $629,289 loss in tax revenue for the United States.
Ledford is currently out of custody awaiting sentencing. Ledford faces up to five years in prison. He also agreed to pay $2,414,589 in restitution to the foundation and Internal Revenue Service.
The Internal Revenue Service – Criminal Investigation investigated this case. Assistant U.S. Attorney Richard C. Williams is prosecuting the case.
U.S. Attorney’s Office for the District of New Mexico Announces Successful Recovery of Acoma Shield for People of Acoma PuebloRead the Press Release
ALBUQUERQUE, N.M. – The U.S. Attorney’s Office for the District of New Mexico and the Money Laundering and Asset Recovery Section of the Department of Justice’s Criminal Division announced the successful return of an item of cultural patrimony, a ceremonial war shield (“Shield”) sacred to the Pueblo of Acoma. Acoma Pueblo is one of 22 federally recognized Native American tribes in New Mexico.
On July 20, 2016, the United States filed a civil complaint seeking forfeiture of the Acoma Shield from the Eve Auction House (“Eve”) in Paris, France. The complaint alleged that on May 27, 2016, the FBI in Albuquerque, N.M., learned that Eve had scheduled an auction for May 30, 2016 in Paris. Eve identified the Shield as one of the items for auction. The auction house numbered this item as Lot #68, describing it as: “BOUCLIER DE GUERRE PUEBLO PROBABLEMENT ACOMA OU JEMEZ XIX SIÈCLE OU PLUS ANCIEN CUIR.” (Shield of war pueblo probably Acoma or Jemez XIX century or more old leather). The lawsuit marks the first time the United States filed an action to forfeit an item of cultural patrimony from any European auction house.
On July 16, 2019, the United States, the Pueblo of Acoma, and the consignor of the Shield, Jerold Collings, entered into a settlement agreement to facilitate the Shield’s return to its home at the Pueblo of Acoma. In the agreement, the parties stipulated to the delivery of the Shield to the custody of a federal law enforcement agent at the U.S. Embassy in Paris, France. Following the delivery of the Shield, an agent will transport the Shield to the evidence room at the Bureau of Indian Affairs in Albuquerque. After the Shield arrives in Albuquerque, the United States will move for dismissal of the forfeiture case and release the Shield to the Pueblo of Acoma.
The Department of Justice’s Money Laundering and Asset Recovery Section, the Department of Justice’s Office of International Affairs, and the Department of Justice’s Attaché at the Embassy worked diligently with the French officials to ensure that Eve released the Shield to the custody of the United States. On Nov. 12, 2019, Eve surrendered the Shield to a Special Agent of the FBI’s Art Crime Team.
“The pursuit of this case demonstrates the United States’ commitment to protect and preserve sacred Native American items for the benefit of their rightful Native American owners,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “This case also serves to put merchants, traders, and collectors on notice that they have a duty to know the nature and origin of the items in which they deal so that they are not unwittingly trafficking or possessing precious items of Native American cultural patrimony.”
In the course of the FBI’s investigation, tribal leaders showed pictures of the Ceremonial Shield that was being offered for sale by the EVE Auction House to an enrolled member of the Pueblo of Acoma. The tribal member identified the photographs as depicting the exact Shield her grandfather had used in cultural and religious ceremonies for the Pueblo. Her grandfather had held the position of traditional kiva leader and cultural practitioner with the Pueblo. As such, he was the caretaker of this Ceremonial Shield, which was kept in the family home atop the mesa known as Sky City within the exterior boundaries of the Pueblo of Acoma.
The Shield is more than 100 years old and is a sacred item with historical, traditional, cultural and ongoing religious importance to the people of the Pueblo of Acoma. As such, it properly is entrusted solely to the care of the traditional leaders of the Pueblo of Acoma.
In the Eve Auction House catalog for Lot #68, an expert in American Indian artifacts wrote that this “very rare war shield” was either of the Acoma or Jemez Pueblos and estimated to be from the 19th century or older. The description also states that these shields were used by the pueblo people from 1700 to 1850, and “with a few exceptions they were no longer manufactured after that date.”
Under Pueblo of Acoma law, the Shield cannot be destroyed, alienated outside of the Pueblo, appropriated by someone outside of the Pueblo, or conveyed by any individual outside of the Pueblo.
The Department of Justice thanks its French partners for their assistance in this matter.
“The sale of Native American cultural and religious items in Europe and around the world have generated millions of dollars,” said James C. Langenberg, Special Agent in Charge of the FBI’s Albuquerque Division. “We will continue to work to prevent these sales and seek repatriation of invaluable cultural items to their Native American homes.”
Federal Officials and Acoma Pueblo Leaders to Hold Press Conference to Make Significant Announcement regarding Item of Cultural PatrimonyRead the Press Release
ALBUQUERQUE, N.M. – Federal officials and Tribal Leaders of the Pueblo of Acoma will hold a press conference at 10:00 a.m., on Monday, November 18, 2019, at the offices of the Bureau of the Indian Affairs in Albuquerque, New Mexico, to make a significant announcement regarding an important item of cultural patrimony.
WHO: The Honorable John C. Anderson
U.S. Attorney for the District of New Mexico
The Honorable Brian Vallo
Governor of the Pueblo of Acoma
James C. Langenberg
Special Agent in Charge, FBI Albuquerque Division
James “Jim” James
Deputy Bureau Director-Field Operations, Bureau of Indian Affairs
Member, Pueblo of Ohkay Owingeh
WHAT: Press Conference
WHEN: Monday, November 18, 2019 at 10:00 a.m. MST
WHERE: Bureau of Indian Affairs – Southwest Regional Office
Conference Room 133 on the First Floor
1001 Indian School Road NW
Albuquerque, NM 87104
OPEN PRESS
NOTE: All media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials when they check in with security upon entering the building. Media representatives may begin to arrive at 9:15 a.m. Inquiries regarding logistics should be directed to Sean Sullivan at 505-350-3153 or sean.j.sullivan@usdoj.gov.
NOTE ALSO: Due to ongoing construction at the BIA-SWRO, visitors are encouraged to use 12th Street and Indian School to enter the premises.
Federal Officials and Acoma Pueblo Leaders to Hold Press Conference to Make Significant Announcement regarding Item of Cultural PatrimonyRead the Press Release
ALBUQUERQUE, N.M. – Federal officials and Tribal Leaders of the Pueblo of Acoma will hold a press conference at 10:00 a.m., on Monday, November 18, 2019, at the offices of the Bureau of the Indian Affairs in Albuquerque, New Mexico, to make a significant announcement regarding an important item of cultural patrimony.
WHO: The Honorable John C. Anderson
U.S. Attorney for the District of New Mexico
The Honorable Brian Vallo
Governor of the Pueblo of Acoma
James C. Langenberg
Special Agent in Charge, FBI Albuquerque Division
James “Jim” James
Deputy Bureau Director-Field Operations, Bureau of Indian Affairs
Member, Pueblo of Ohkay Owingeh
WHAT: Press Conference
WHEN: Monday, November 18, 2019 at 10:00 a.m. MST
WHERE: Bureau of Indian Affairs – Southwest Regional Office
Conference Room 133 on the First Floor
1001 Indian School Road NW
Albuquerque, NM 87104
OPEN PRESS
NOTE: All media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials when they check in with security upon entering the building. Media representatives may begin to arrive at 9:15 a.m. Inquiries regarding logistics should be directed to Sean Sullivan at 505-350-3153 or sean.j.sullivan@usdoj.gov.
NOTE ALSO: Due to ongoing construction at the BIA-SWRO, visitors are encouraged to use 12th Street and Indian School to enter the premises.
U.S. Attorney John C. Anderson Announces Appointment of Full-Time Assistant U.S. Attorney in Roswell, New MexicoRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson announced today the appointment of a full-time Assistant U.S. Attorney to be stationed permanently in Roswell, N.M., to strengthen the efforts of the U.S. Attorney’s Office to serve the citizens of southeastern New Mexico, and to enhance the office’s partnerships with federal, state, local, and tribal law enforcement agencies in the region.
“We are the U.S. Attorney’s Office for the entire State of New Mexico, and Roswell has always been an important focal point for our prosecutions in the southeastern part of the state,” said U.S. Attorney Anderson. “This new on-the-ground presence in Roswell will provide us with valuable insight into the needs and priorities of the communities of southeastern New Mexico, and offer our law enforcement partners in this region closer coordination and immediate guidance on the most urgent crime reduction and other public safety matters.”
Officials of the U.S. Marshals Service, FBI, Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Internal Revenue Service Criminal Investigation (IRS-CI), U.S. Immigration and Custom Enforcement’s Enforcement and Removal Operations (ERO), U.S. Immigration and Customs Enforcement (ICE), and U.S. Border Patrol, joined the U.S. Attorney in making the announcement at the offices of the Roswell Police Department. These federal agencies routinely work with the U.S. Attorney’s Office to investigate and prosecute a wide-variety of federal criminal activity, including drug trafficking, human trafficking, firearms offenses, illegal immigration, violent crime in Indian Country, child exploitation, complex financial crime, public corruption, and national security offenses.
“Having a full-time prosecutor in Roswell, re-affirms our commitment in federal law enforcement to the Roswell and southeastern New Mexico communities,” said Sonya K. Chavez, U.S. Marshal for the District of New Mexico. “We are in this fight together and we are fully invested in continuing to support all law enforcement efforts and the people in this region of New Mexico.”
“The men and women at the FBI Roswell Resident Agency have investigated crimes ranging from drug-trafficking to bank robbery in southeast New Mexico for years,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division. “Having a permanently assigned Assistant U.S. Attorney here will give the FBI and our partners the ability to make an even greater impact in this important region of our state.”
“HSI is pleased to announce the opening of an investigations office in Roswell,” said Special Agent in Charge Jack P. Staton of the HSI’s El Paso Division. “HSI Special Agents assigned to the new office will increase our ongoing commitment and support to our local, state and federal law enforcement partners in eastern New Mexico.”
“Federal, state and local law enforcement have come together to meet the need for a greater presence in Roswell, New Mexico.” said Kyle W. Williamson, Special Agent in Charge of the DEA El Paso Division. “DEA is proud to work with our partners, leveraging our respective resources to pursue those who threaten our communities.”
“The U.S. Attorney’s Office has a long history of service to communities throughout New Mexico,” stated Special Agent in Charge Jeffrey C. Boshek II of the ATF Dallas Division.
“The addition of permanent services in Roswell is a tremendous enhancement to resources and strategies available to ATF, our law enforcement partners, community leaders, and residents of the area. We are thrilled with the announcement.”“IRS-CI is pleased to learn of the U.S. Attorney’s Office new presence in Southeastern New Mexico and we look forward to having an increased ability to investigate cases in a more effective and efficient manner in that part of the state,” said Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
“Officers with ICE Enforcement and Removal Operations have been living and working in Roswell for the past couple years, and we stand with all of our partners in our commitment to combat crime and threats to the safety of the citizens of Roswell,” said Corey A. Price, Field Office Director for ERO El Paso. “Our efforts to curb criminal activity are more effective when partnerships with local law enforcement are strong.”
The U.S. Attorney’s Office and its federal partners also work closely with state, local, and tribal law enforcement agencies towards the common goal of public safety. In addition to the Roswell Police Department, which hosted the press conference, the New Mexico State Police, Chaves County Sheriff’s Office, Eddy County Sheriff’s Office, Lea County Sheriff’s Department, Artesia Police Department, Carlsbad Police Department, and Hobbs Police Department joined U.S. Attorney Anderson in making the announcement.
“We at the Roswell Police Department not only welcome assistance from our federal partners, but we wholeheartedly appreciate this step toward making Roswell safer as a community,” said Phil Smith, Chief of Police for the City of Roswell.
“As the Chief of the New Mexico State Police, I understand the challenges associated with operating a law enforcement organization whose jurisdiction is the entire state,” said Tim Johnson, Chief of the New Mexico State Police. “Having an Assistant U.S. Attorney in Roswell will benefit and streamline communication not only for my officers, but also for all federal, state and local agencies in the southern part of New Mexico.”
“I sincerely support and welcome the addition of an AUSA in the Roswell area,” said Corey M. Helton, Lea County Sheriff. “This will greatly enhance our partnerships with all the Federal agencies involved.”
“The Carlsbad Police Department looks forward to working with the newly assigned Assistant U.S. Attorney and all our federal law enforcement partners,” said Brandon Skinner, Chief of Police for the City of Carlsbad. “The presence of the U.S. Attorney's Office in southeastern New Mexico will help us continue to serve those living and working in our community and in our effort to fight crime.”
“Federal prosecution of violent offenders has been, and continues to be, one of the cornerstones in the Artesia Police Department’s successful reduction of violent and drug crime within our community,” said Kirk E. Roberts, Chief of the Artesia Police Department. “The addition of a full-time federal prosecutor to Roswell will greatly enhance the effectiveness of the federal programs our agency and partners participate in.”
The U.S. Attorney’s Office for the District of New Mexico is one of 94 U.S. Attorney’s Offices in the United States. The District of New Mexico consists of 33 counties. The District's main office is located in Albuquerque. There is a staffed branch office in Las Cruces and an unstaffed branch office in Santa Fe.
Alleged Barrio Azteca Shooter Extradited from Mexico to United States to Face Charges Related to the U.S. Consulate Murders in Juarez, MexicoRead the Press Release
An alleged shooter and member of the Barrio Azteca (BA), a transnational border gang allied with the Juarez Cartel, was extradited from Mexico to the United States to face charges related to the March 2010 U.S. Consulate murders in Juarez, Mexico.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John F. Bash for the Western District of Texas, Special Agent in Charge Luis Quesada of the FBI’s El Paso Field Office and Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA) made the announcement.
Jose Guadalupe Diaz Diaz, aka “Zorro,” arrived in the United States yesterday and made his initial appearance today before U.S. Magistrate Judge Anne T. Berton in El Paso, Texas. Diaz is charged in a 12-count third superseding indictment unsealed in March 2011. According to court documents and previous trial testimony, Diaz allegedly participated in BA activities, including narcotics trafficking and acts of violence by BA members in Mexico. On March 13, 2010, Diaz allegedly shot and killed U.S. Consulate employee Leslie Ann Enriquez Catton and her husband, Arthur Redelfs.
A total of 35 BA members and associates based in the U.S. and Mexico were charged in the third superseding indictment for allegedly committing various criminal acts, including racketeering, narcotics distribution and importation, extortion, money laundering, obstruction of justice and murder. Of the 35 defendants, 10 Mexican nationals, including Diaz, were charged in connection with the murders of Enriquez Catton and Redelfs, as well as Jorge Alberto Salcido Ceniceros, the husband of a U.S. Consulate employee. If convicted, Diaz faces a maximum penalty of life in prison.
Of the 35 defendants charged, 34 have been apprehended. U.S. and Mexican law enforcement are actively seeking to apprehend the lone fugitive in this case, Luis Mendez.
Twenty-eight of those defendants have pleaded guilty, one was convicted by a jury, one is currently pending trial, one defendant committed suicide while imprisoned during his trial and three others are pending extradition from Mexico.
According to court documents and information presented in court throughout this case, the Barrio Azteca is a violent street and prison gang that began in the late 1980s and expanded into a transnational criminal organization. In the 2000s, the BA formed an alliance in Mexico with “La Linea,” which is part of the Juarez Drug Cartel (also known as the Vincente Carrillo Fuentes Drug Cartel or “VCF”). The purpose of the BA-La Linea alliance was to battle the Chapo Guzman Cartel and its allies for control of the drug trafficking routes through Juarez and Chihuahua. The drug routes through Juarez, known as the Juarez Plaza, are important to drug trafficking organizations because they are a principal illicit drug trafficking conduit into the United States.
The gang has a militaristic command structure and includes captains, lieutenants, sergeants and soldiers – all with the purpose of maintaining power and enriching its members and associates through drug trafficking, money laundering, extortion, intimidation, violence, threats of violence and murder.
Diaz’s extradition is the result of close coordination between U.S. law enforcement and the government of Mexico in the investigation and prosecution of this case. The cooperation and assistance of the government of Mexico was essential to achieving the successful extradition.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Trial Attorney Christina Taylor of the Criminal Division’s Organized Crime and Gang Section, Trial Attorney Jay Alan Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney John Gibson of the Western District of Texas are prosecuting the case. The U.S. Attorney’s Office for the District of New Mexico and the Criminal Division’s Offices of International Affairs and Enforcement Operations provided significant assistance in this case.
The FBI’s Safe Streets Task Force located at the Texas Anti-Gang Center in El Paso, FBI Albuquerque Field Office (Las Cruces Resident Agency), DEA Juarez and DEA El Paso investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Customs Enforcement; the U.S. Marshals Service; U.S. Customs and Border Protection; Federal Bureau of Prisons; U.S. Department of State's Diplomatic Security Service; the Texas Department of Public Safety; the Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, N.M., Sheriff’s Office; Las Cruces, N.M., Police Department; Southern New Mexico Correctional Facility and Otero County Prison Facility New Mexico provided special assistance.
Attorney General Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
ALBUQUERQUE, N.M. – Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.
“New Mexicans know all too well the devastating toll that gun violence takes on our communities. We welcome the Attorney General’s ongoing commitment to reducing gun violence, and we look forward to leveraging our existing partnerships amongst federal, state, local, and tribal law enforcement to that end,” said U.S. Attorney John C. Anderson for the District of New Mexico. “This announcement should serve as a warning to those who possess guns illegally, or participate in the unlawful purchase of firearms, that such offenses will not be tolerated and will be prosecuted vigorously.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level. For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
USMS-led Operation Triple Beam results in 327 Felony Arrests in Central, Northern New MexicoRead the Press Release
ALBUQUERQUE, N.M. – A large-scale, 90-day law enforcement operation, known as “Operation Triple Beam Albuquerque,” concluded on Oct. 31, 2019, with the arrests of 327 alleged fugitives from throughout Bernalillo County and the Albuquerque metropolitan area.
Led by the U.S. Marshals Southwest Investigative Fugitive Team (SWIFT), multiple federal, state and local law enforcement agencies concentrated their efforts on known violent offenders.
During OTB Albuquerque, SWIFT located and apprehended 327 alleged state, local and federal fugitives, including 59 state probation and parole absconders, 10 individuals wanted for homicide, 20 for weapons offenses, 13 for sex crimes, 50 for assault, and 91 on narcotics charges. In the Santa Fe and Farmington communities, investigators made 92 arrests.
The operation resulted in the seizure of 43 illegal firearms, more than 50 pounds of methamphetamine, four pounds of heroin, and two pounds of cocaine. In addition, 31 stolen vehicles were recovered and $50,000 was seized.
“I commend the work of the brave men and women of the U.S. Marshals Service on their outstanding execution of Operation Triple Beam, a nationwide effort by the Marshals to target violent, gang-related crime in some of America’s most dangerous cities,” said Attorney General William P. Barr. “The Marshals are truly America’s fugitive hunters, with a proud tradition dating back to the founding of the United States. Their unyielding commitment to justice, in partnership with our state and local colleagues, made this initiative a great success.”
“We brought Operation Triple Beam, our mobile gang enforcement platform, to Albuquerque to target the gang-related fugitives fueling the violent crime in the area,” said U.S. Marshals Service Director Donald Washington. “The U.S. Marshals in the District of New Mexico, along with dedicated inspectors in our Investigative Operations Division, and all of our partner agencies achieved results that illustrate our full commitment to make communities safer by addressing violent crime at its core and taking the worst of the worst off the streets. The good citizens of New Mexico have our enduring support.”
“The U.S. Attorney’s Office is committed to working with its law enforcement partners to combat violent crime throughout New Mexico,” said U.S. Attorney John C. Anderson. “We commend the U.S. Marshals Service for regularly leading multi-agency operations like Triple Beam throughout the state that have made our communities safer by taking hundreds of fugitives off our streets.”
“Operation Triple Beam was an outstanding public safety effort by all personnel involved, and the unified approach for law enforcement resulted in hundreds of arrests, including many for dangerous outstanding warrants. I remain committed to collaborating with local and federal authorities to keep our children, families, and businesses safe,” said Bernalillo County Sheriff Manuel Gonzales III.
OTB Albuquerque Participating Agencies
U.S. Marshals Service
U.S. Attorney’s Office
Bernalillo County Sheriff’s Office
New Mexico State Police
New Mexico Division of Probation and Parole
Farmington Police Department
San Juan County Sheriff’s Office
Espanola Police Department
Santa Fe County Sheriff’s Office
Albuquerque Police Department
Metropolitan Detention Center
Sandoval County Sheriff’s Office
Rio Rancho Police Department
Second Judicial District Attorney’s Office
New Mexico Attorney General’s Office
Drug Enforcement Administration
Bureau of Alcohol, Tobacco, Firearms and Explosives
Homeland Security Investigations
FBI
Links to public imagery
www.usmarshals.gov
OTB Albuquerque Photographs
OTB Albuquerque B-roll Footage
This is the second OTB conducted by the U.S. Marshals in New Mexico this year. OTB Las Cruces concluded April 12, 2019, with the arrest of 154 fugitives throughout Dona Ana County; there were 115 felony arrests within the City of Las Cruces.
OTB provides communities with immediate relief from violent, gang-related crime and targets fugitives who commit violent crime and those who provide them safe harbor. Since the Department of Justice reinvigorated Project Safe Neighborhoods in 2017, U.S. Marshals have launched 33 OTB collaborations of local, state, federal and tribal law enforcement agencies in some of the nation’s most violence-plagued communities, resulting in more than 6,000 arrests, 1,200 firearms confiscations, and the seizure of $1.8 million.
Albuquerque man pleads guilty to brandishing a firearm during crime of violenceRead the Press Release
ALBUQUERQUE, N.M. – Donovan Young, 22, of Albuquerque, N.M, pleaded guilty this morning in federal court to a felony information charging him with using, carrying and brandishing a firearm during a crime of violence. In entering the guilty plea, Young admitted brandishing a firearm while committing a carjacking on Nov. 2, 2018, in Albuquerque.
Court records reflect that officers of the Albuquerque Police Department and deputies of the Bernalillo County Sheriff’s Office arrested Young on state charges on Nov. 2, 2018. Thereafter, on Nov. 5, 2018, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Young on a federal criminal complaint that charged him with carjacking and brandishing a firearm during a crime of violence.
The criminal complaint charged Young with robbing the carjacking victim in the parking lot of a supermarket on Nov. 2, 2018. According to the complaint, Young took the victim’s keys, wallet, and cellphone by pointing an AK-type rifle at the victim and telling him that his belongings “aren’t worth your life.” After Young fled the scene in the victim’s pickup truck, officers located Young at a nearby gas station using a tracking feature for the victim’s phone. Young sped away when officers tried to arrest him, leading officers on a pursuit through residential neighborhoods reaching speeds more than 100 miles per hour. Officers arrested Young when he stopped his truck in a mound of dirt and recovered a rifle matching the victim’s description of the firearm used in the crime. The victim identified Young as the man who pointed the rifle at him at the supermarket.
A federal grand jury indicted Young on carjacking and firearms charges on Nov. 28, 2018.
In his plea agreement, Young admitted using a firearm to commit a carjacking offense in Bernalillo County on Nov. 2, 2018. Young also admitted threatening the victim, the owner of the vehicle, by pointing a firearm at the victim and demanding that the victim surrender the keys to his vehicle, his wallet and his phone. Young acknowledged that the victim complied with Young’s demands because he was intimidated by Young’s actions.
Young has been in federal custody since his arrest on the complaint, and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Young faces a maximum statutory mandatory minimum of seven years and a maximum of life imprisonment.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Albuquerque Police Department, and the Bernalillo County’s Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Navajo man from Shiprock pleads guilty to federal second degree murder chargeRead the Press Release
ALBUQUERQUE, N.M. – Zachariah Stanley Joe, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning in federal court in Albuquerque to a second degree murder charge. Joe entered the guilty plea pursuant to a plea agreement which the parties agree that Joe should be sentenced to 15 years of imprisonment.
Joe was arrested and was charged with killing a Navajo man in Shiprock, which is located on the Navajo Indian Reservation in San Juan County, N.M., on Jan. 3, 2019, in a criminal complaint that was filed on Jan. 4, 2019.
During today’s proceedings, Joe pled guilty to a felony information charging him with second degree murder. In his plea agreement, Joe admitted that on Jan. 3, 2019, he killed the victim with malice aforethought. Joe admitted that, while he drinking alcohol, he got into a fight with the victim at a residence in Shiprock. After locking the victim and another man out of the residence, Joe admitted arming himself with a kitchen knife and going out of the residence where he stabbed the victim, who was unarmed, approximately ten times in his chest, side, and neck. The victim died shortly thereafter.
Joe has been in federal custody since his arrest, and will remain detained pending his sentencing hearing.
The Farmington office of the FBI investigated this case with assistance from the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney David P. Cowen is prosecuting the case.
Three defendants plead guilty to federal charges in sex trafficking ringRead the Press Release
ALBUQUERQUE, N.M. – Three defendants pleaded guilty on Oct. 15 in federal court to charges of sex trafficking and coercion and enticement to engage in prostitution.
Adonis Baker, 35, of Albuquerque, pleaded guilty to sex trafficking of a child. He admitted meeting “Jane Doe 6,” a teen between the ages of 15 and 18, while in Phoenix between Aug. 15, 2017, and Aug. 17, 2017. Baker convinced “Jane Doe 6” to get into his car by offering her drugs. Baker then drove her to Albuquerque, and took her to his apartment where he told her she was to engage in commercial sex acts. Baker faces a sentence of 14 years in prison based on the terms of his plea agreement.
Inkosi Grandberry, 38, of Albuquerque, pleaded guilty to transportation for prostitution by coercion and enticement. Grandberry admitted in a plea agreement to committing this offense on June 3, 2015. Grandberry aided and abetted Adonis Baker in persuading “Jane Doe 1” to travel by automobile from Phoenix to Albuquerque for prostitution. Grandberry paid for a hotel in Phoenix as part of the offense. Grandberry faces up to 20 years in prison.
Leotha Williams, 58, of Memphis, Tennessee, also pleaded guilty to transportation for prostitution by coercion and enticement. Williams admitted in a plea agreement to approaching “Jane Doe 2” with Adonis Baker at a bus stop in Albuquerque between June 2016 and September 2016. Williams and Baker instructed “Jane Doe 2” to get into a vehicle with them. They then traveled to Colorado Springs, Colorado, where Williams ensured “Jane Doe 2” engaged in prostitution. Williams faces 36 months to 60 months in prison under the terms of the plea agreement. The defendants will be sentenced at a later date to be scheduled by the court.
Homeland Security Investigations investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Letitia Simms and Joseph M. Spindle are prosecuting the case.
Mexican National Charged with Smuggling Nine Kilograms of Heroin into United States at Port of Entry in Santa Teresa, N.M.Read the Press Release
ALBUQUERQUE, N.M. – Manuel A. Gonzalez, 49, a Mexican national residing in Bosque, New Mexico, appeared in federal court in Las Cruces, New Mexico yesterday for an initial appearance on a criminal complaint charging him with importation of a controlled substance.
According to the complaint, Gonzalez allegedly drove his pickup truck from Mexico to the Santa Teresa port of entry on October 10, 2019. Gonzalez allegedly had about nine kilograms of heroin concealed in the tailgate of his truck when U.S. Customs and Border Protection officers inspected his vehicle.
Gonzalez is a lawful permanent resident of the United States. He is currently in custody pending a detention hearing scheduled for October 18. He faces from ten years to life in prison if convicted of the charged offense. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
Homeland Security Investigations investigated the case with Customs and Border Protection. Assistant U.S. Attorney Joni A. Stahl of the Las Cruces Branch Office is prosecuting the case.
Chinese national faces federal charges of smuggling goods from United States and violating export control lawsRead the Press Release
ALBUQUERQUE, N.M. – Pengyi Li, 33, of Guangdong, China, appeared in federal court on Monday for arraignment on an indictment charging him with two counts of smuggling goods from the United States and two counts of violating the Export Control Reform Act.
A federal grand jury returned the indictment on August 29. It accuses Li of committing the offenses between May 30 and August 22. According to the indictment, Li allegedly attempting to export radiation-hardened drivers and microchips to China without obtaining a license and authorization from the Department of Commerce. According to a criminal complaint, Li’s illegal conduct allegedly included communicating with an undercover agent in New Mexico. The complaint also accuses Li of traveling from China to Hawaii to obtain the items and transport them back to China by airplane. However, the complaint further alleges that law enforcement officers arrested Li before he could leave the United States with the items.
Li appeared for his arraignment after being transported to New Mexico from Hawaii where agents from Homeland Security Investigations (HSI) arrested him on August 22. He is currently in custody awaiting placement at a halfway house. Li faces up to 10 years in prison if convicted of the smuggling offense and up to 20 years in prison if convicted of violating export control laws. An indictment is only an allegation. A defendant is presumed innocent until proven guilty.
HSI investigated this case with assistance from the Department of Commerce, Bureau of Industry and Security, FBI and U.S. Customs and Border Protection. Assistant U.S. Attorney Jon Stanford is prosecuting the case.
Man from Las Cruces, N.M., charged with impersonating deputy U.S. MarshalRead the Press Release
ALBUQUERQUE, N.M. – Aaron Tyler Stroud, 38, of Las Cruces, New Mexico, made his initial appearance in federal court in Las Cruces on Wednesday on a criminal complaint charging him with impersonating an officer of the United States.
According to the complaint, Stroud allegedly committed the offense in Doña Ana County, N.M., on September 29, 2019. He allegedly approached officers from the Las Cruces Police Department who were responding to a call from dispatch. Stroud allegedly provided the officers with a false name and told them he was a member of the U.S. Marshals Service from the El Paso sector. Stroud allegedly claimed he regularly patrolled the area. He was allegedly wearing a t-shirt with “U.S. Marshal” written on it and carrying a gun, radio, and badge with a six-point star.
Stroud is currently in custody awaiting preliminary and detention hearings scheduled for October 7. He faces up to three years in prison. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
The U.S. Marshals Service investigated this case with the FBI and Las Cruces Police Department. Assistant U.S. Attorney Joni Stahl of the Las Cruces Branch Office is prosecuting the case.
Fugitive extradited from Mexico to the United States to face federal racketeering charges allegedly involving Syndicato de Nuevo Mexico prison gangRead the Press Release
ALBUQUERQUE, N.M. – Angel DeLeon, 41, a Mexican national, made his initial appearance in federal court in Albuquerque, New Mexico today after being extradited from Mexico on a racketeering charge involving alleged violent criminal conduct by the Syndicato de Nuevo Mexico (SNM) prison gang.
DeLeon was one of 30 defendants charged in an indictment and two superseding indictments alleging the defendants violated federal racketeering and other laws by committing various crimes as members, prospects, and associates of SNM, a racketeering enterprise. According to these indictments, SNM is a powerful and violent prison gang formed soon after a deadly riot at the Penitentiary of New Mexico in 1980. SNM has allegedly controlled drug distribution and other illegal activities within the New Mexico prison system and engaged in street-level narcotics trafficking.
In particular, a second superseding indictment returned by a federal grand jury on March 9, 2017, accused DeLeon and four co-defendants of allegedly participated in the murder of a person identified as “F.C.” for the purpose of gaining entrance to and maintaining and increasing their positions with SNM.
DeLeon is currently in custody pending a detention hearing scheduled to be scheduled for next week. He faces up to life in prison if convicted of the charged offense. An indictment is only an allegation and a defendant is presumed innocent until proven guilty. All of the other defendants charged in the indictments have either proceeded to trial or pleaded guilty.
The Albuquerque Division of the FBI investigated this case with the New Mexico Corrections Department and the New Mexico State Police. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Man from Santa Fe, N.M., faces federal charges for allegedly robbing banks in Santa Fe and EspañolaRead the Press Release
The complaint further alleges Padilla committed the third bank robbery in Santa Fe on September 26. Padilla allegedly received money from a teller after presenting a demand note.
The FBI arrested Padilla yesterday in Santa Fe. He is currently in custody awaiting preliminary and detention hearings scheduled for tomorrow. Padilla faces up to 20 years in prison if convicted. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
The FBI investigated this case with assistance from the Espanola Police Department. Assistant U.S. Attorney Eva Fontanez is prosecuting the case.
Man from Albuquerque Sentenced to 15 Years in Federal Prison for Drug Trafficking and Weapon PossessionRead the Press Release
ALBUQUERQUE, N.M. – Omil Cotto, 33, of Albuquerque, New Mexico, was sentenced in federal court yesterday to 15 years (180 months) in prison for possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
Cotto previously pleaded guilty to these offenses on June 10, 2019. According to public court records, Cotto was involved in a car crash with another motorist in Albuquerque while driving to distribute methamphetamine on May 31, 2018. Cotto got out of his car holding a gun. Cotto then fired several shots at the other vehicle as it drove away.
Law enforcement officers located Cotto at his residence soon after the shooting. They obtained a warrant to search his home and found a backpack containing a pistol of the same caliber used in the shooting. Officers also found about 877.1 grams of methamphetamine in the backpack. Cotto possessed the pistol to protect his methamphetamine, according to his plea agreement.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Drug Enforcement Administration and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Peter J. Eicker prosecuted the case as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Fourth Defendant Pleads Guilty to Federal Charges in Commercial Sex Trafficking RingRead the Press Release
ALBUQUERQUE, N.M. – Keron Eugene Lucious, 22, of Albuquerque, New Mexico, pleaded guilty in federal court today to conspiracy to commit sex trafficking of a minor.
Lucious was one of eight defendants charged in a superseding indictment returned by a federal grand jury on April 10, 2018. The indictment charged the defendants with various crimes, including conspiracy to recruit and force minors to engage in commercial sex acts in New Mexico and Arizona. In Lucious’s plea agreement, he admitted participating in a conspiracy involving the prostitution of a child under 18 years old. Lucious transported the child in interstate commerce for purposes of prostitution. He paid for hotel rooms for the child to engage in commercial sex acts. Lucious shared the money earned from this prostitution with his co-conspirators. He also facilitated his criminal activity using a wireless telephone and social media.
Lucious is in custody awaiting sentencing. He faces from 10 years to life in prison. Three of the other defendants in the case have also pleaded guilty and await sentencing. Jason Jackson, 25, of Albuquerque, pleaded guilty on March 8, 2019. He is currently in custody and faces from 11 to 15 years in prison under the terms of his plea agreement. Devin Perkins, 23, of Albuquerque, pleaded guilty on May 9, 2019. Perkins is also in custody. He has agreed to a sentence of 10 years in prison. Chante Bickham, 26, of Albuquerque, pleaded guilty on August 9, 2019. She is out of custody awaiting sentencing where she faces up to six years in prison.
Charges are still pending against Camara Cherry-Amos, 25, Breeauna Langton, 21, and Andrew Wyatt, 30, all of Albuquerque, and John Dompierre, 46, of Phoenix, Arizona. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The charges is this case arose from a joint investigation involving the FBI, Homeland Security Investigations, the Bernalillo County Sheriff’s Office, the New Mexico Office of the Attorney General, and the Bernalillo County District Attorney’s Office. Assistant U.S. Attorney George C. Kraehe 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/.
Mescalero Apache Man Sentenced to 137 Months for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Stanislaus Venego III, 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced yesterday morning (Sept. 19, 2019) in federal court in Las Cruces, N.M., to 137 months of imprisonment for his conviction on a voluntary manslaughter charge. Venego will be on supervised release for three years after completing his prison sentence.
On March 11, 2019, Venego pled guilty to an indictment charging him with voluntary manslaughter. In his plea agreement, Venego admitted that on April 28, 2018, he punched and kicked the victim multiple times upon a sudden quarrel and in the heat of passion, and that the victim died as the result of the injuries he sustained. The incident occurred on the Mescalero Apache Reservation in Otero County, N.M.
The case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
DEA-Led Multi-Agency Investigation Dismantles Major New Mexico Poly-Drug Trafficking Drug Trafficking OrganizationRead the Press Release
ALBUQUERQUE – Twelve individuals are facing federal drug trafficking and firearms charges as the result of a two-year DEA-led multi-agency investigation into a major New Mexico-based poly-drug trafficking organization allegedly operating between Las Vegas, N.M., and Albuquerque, N.M., under the alleged leadership of Robert Padilla, 42, of Albuquerque. The investigation culminated this week when Padilla and eight other defendants were arrested yesterday and today by teams of federal, state, county, and local law enforcement officers.
U.S. Attorney John C. Anderson and Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division announced the results of the investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation, and Special Agent in Charge Monique Y. Villegas of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) joined the U.S. Attorney and the DEA in announcing the results of the investigation.
In announcing the results of the investigation, U.S. Attorney Anderson said, “This investigation and resulting prosecutions are about taking control of our streets. The charges filed and drugs seized as the result of this investigation demonstrate the success of the collaborative efforts of our federal, state, county and local law enforcement agencies to root out drug traffickers operating in New Mexico. Through today’s law enforcement action sends a clear message to those who traffic drugs in our communities that they cannot commit crimes in New Mexico without consequence.”
“Drug trafficking organizations have preyed upon the citizens of Las Vegas, New Mexico, for far too long,” said DEA Special Agent in Charge Williamson. “By having charges brought against these alleged drug traffickers, the DEA and its law enforcement partners are working to stop the harm, and to make the Las Vegas community a safer place to live and work.”
The charges against the defendants are the result of an investigation that began in 2017, and initially targeted Padilla, the alleged source of supply and leader of a drug trafficking organization operating in Las Vegas and Albuquerque that allegedly distributed cocaine, cocaine base (more commonly known as “crack”), heroin, fentanyl, and methamphetamine. During the course of the investigation, law enforcement authorities seized or documented approximately 1.39 kilograms of cocaine, 567 grams of cocaine base, 160 grams of heroin, 2.68 kilograms of methamphetamine, and 2,000 fentanyl pills. Investigators also recovered more than 30 firearms and seized approximately $14,000 in cash.
The charges against the 12 defendants are contained in an indictment that was filed under seal by a federal grand jury on Sept. 11, 2019, and was unsealed yesterday. According to the indictment and other court filings, Padilla allegedly led a New Mexico-based drug distribution network operating in several locations, including Albuquerque and Las Vegas, that distributed cocaine, “crack,” methamphetamine, heroin and fentanyl. Court filings allege that Padilla’s co-defendants participated in the network by distributing illegal controlled substances for profit. The indictment also charges a defendant with violating the federal firearms laws by possessing a firearm and ammunition after having been convicted of multiple felony offenses.
“The members of this drug trafficking organization have been charged with distributing dangerous narcotics. IRS-CI is fully committed in assisting DEA and other law enforcement agencies to dismantle drug organizations by tracing and seizing the monies they earn from trafficking drugs,” stated IRS Special Agent in Charge Nevarez.
“ATF is committed along with our law enforcement partners to removing these career criminals off the streets,” said ATF Special Agent in Charge Villegas. “We will use every means necessary to pursue and prosecute in federal court these violent criminals that try to victimize our community.”
Seven defendants who were arrested yesterday morning made their initial appearances in federal court in Albuquerque yesterday afternoon. Two other defendants were arrested today and will make their initial appearances in federal court on Monday. All nine arrested defendants will remain in federal custody pending detention hearings scheduled for next week. One other defendant is in state custody on unrelated charges, and will be transferred to federal custody to face the charges in the indictment. The remaining two defendants have yet to be arrested and are considered fugitives.
Summary of the Charges
Count 1 of the indictment charges all 12 defendants with conspiracy to distribute controlled substances. The maximum statutory penalty on conviction varies for each defendant.
Count 2 of the indictment charges one defendant with distributing 50 grams or more of a mixture and substance containing methamphetamine. The maximum statutory penalty on conviction is not less than five years or more than 40 years in prison.
Counts 3 and 6 of the indictment charge certain defendants with possession with intent to distribute fentanyl. The maximum statutory penalty on conviction for each count is up to 20 years in prison.
Count 4 of the indictment charges a defendant with distribution of fentanyl. The maximum statutory penalty on conviction is up to 20 years in prison.
Counts 5, 11, 14, 15, 16 and 18 of the indictment charge certain defendants with distribution of cocaine. The maximum statutory penalty on conviction on each count is up to 20 years in prison.
Counts 7 and 13 of the indictment each charge certain defendants with possession with intent to distribute cocaine. The maximum statutory penalty on conviction on each count is up to 20 years in prison.
Count 8 of the indictment charges one defendant with being a felon in possession of a firearm and ammunition. The maximum statutory penalty on conviction is up to 10 years in prison. However, if the Armed Career Criminal Act is found to apply to the defendant, the maximum statutory penalty is not less 15 years or more than life in prison.
Count 9 the indictment charges a defendant with possession with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine. The maximum statutory penalty on conviction is not less than five years or more than 40 years in prison.
Count 10 the indictment charges a defendant with possession with intent to distribute heroin. The maximum statutory penalty on conviction is up to 20 years in prison.
Count 12 of the indictment charges a defendant with possession with intent to distribute cocaine base. The maximum statutory penalty on conviction is not less 5 years or more than 40 years in prison.
Count 17 of the indictment charges a defendant with distribution of cocaine base. The maximum statutory penalty on conviction is not less 10 years or more than life in prison.
Count 19 of the indictment charges certain defendants with distribution of cocaine base. The maximum statutory penalty on conviction is not less 5 years or more than 40 years in prison.
Charges Against Defendants
Robert Padilla, 42, of Albuquerque, N.M., is charged in Counts 1, 3-5, 11-12, and 14-19. Padilla was arrested yesterday morning and is in custody.
Rose Ann Romero, 36, of Las Vegas, N.M., is charged in Count 1. Romero was arrested yesterday morning and is in custody.
Jonathan Vigil, 27, of Las Vegas, N.M., is charged in Count 1. Vigil was arrested yesterday morning and is in custody.
Robert Hockman, 35, of Rio Rancho, N.M., is charged in Counts 1, 2, and 10. Hockman was arrested earlier today and is in custody.
Marcos Ruiz, 40, of Las Vegas, N.M., is charged in Count 1 and 13. Ruiz is in state custody on other charges. He will be transferred into federal custody to face the charges in the federal indictment.
Luis Sanchez, 31, of Las Vegas, N.M., is charged in Counts 1, and 8-9. Sanchez was arrested yesterday morning and is in custody.
Ashley Romero, 27, of Las Vegas, N.M., is charged in count 1. Romero has yet to be arrested and is considered a fugitive.
Tomas Sanchez, 36, of Albuquerque, N.M., is charged in counts 1, and 6-7. Sanchez was arrested yesterday morning and is in custody.
Amanda Silva, 33, of Las Vegas, N.M., is charged in counts 1 and 14. Silva was arrested yesterday morning and is in custody.
Sergio Valdez, 28, of Las Vegas, N.M., is charged in counts 1 and 11. Valdez has yet to be arrested and is considered a fugitive.
Genevive Atencio, 24, of Las Vegas, N.M., is charged in counts 1, and 18-19. Atencio was arrested yesterday morning and is in custody.
Janaya Atencio, 25, of Las Vegas, N.M., is charged in counts 1, and 18-19. Atencio was arrested earlier today and is in custody.
Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
Fugitives: Photos of the fugitives, Ashley Romero and Sergio Valdez are attached to this press release. Individuals with information about the whereabouts of Ashley Romero and Sergio Valdez are asked to contact the DEA at (505) 452-4500.
The Albuquerque office of the DEA led the investigation leading to the charges in the indictment. DEA received assistance with the investigation and apprehension of the defendants from several federal law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Internal Revenue Service Criminal Investigation (IRS), U.S. Marshals Service, U.S. Probation and Pretrial Services, and the El Paso and Las Cruces offices of DEA. DEA task force officers from the Albuquerque Police Department, Pueblo of Laguna Police Department, Pueblo of Pojoaque Police Department, Rio Rancho Police Department, and Valencia County Sheriff’s Office also contributed along with the New Mexico State Police, New Mexico Region IV Narcotics High Intensity Drug Trafficking Area (HIDTA) Task Force, New Mexico Office of the Inspector General, San Miguel County Sheriff’s Office, and Las Vegas (N.M.) Police Department. Assistant U.S. Attorneys Kristopher N. Houghton and Robert I. Goldaris are prosecuting the defendants as part of the OCDETF Program.
Man from Santa Fe County Faces Federal Charges of Being a Felon in Possession of a Firerarm and AmmunitionRead the Press Release
ALBUQUERQUE – Rufino Jody Martinez, 40, of Santa Fe County, N.M., made an initial appearance in federal court today on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.
The charges against Martinez are the result of an FBI-led multi-agency effort to reduce violent crime in northern New Mexico communities. U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, New Mexico State Police Chief Tim Johnson, and Santa Fe County Sheriff Adan Mendoza announced the results of the multi-agency collaboration today in a series of press releases.
“Reducing violent crime in America is one of the Department of Justice’s highest priorities,” said First Assistant U.S. Attorney Fred Federici. “The U.S. Attorney’s Office is committed to working with our federal, state, and local law enforcement partners to protect the safety of New Mexicans by dismantling the violent criminal organizations that are responsible for so much of the violence in our communities, jails, and prisons.”
“The FBI has been working closely with our law enforcement partners for years to weaken and eventually eliminate this violent prison gang, arresting approximately 160 of its members and associates,” said Special Agent in Charge James C. Langenberg. “This latest arrest should send a clear message that those who plot to undermine the security of our communities and correctional system will be held accountable.”
“Today’s operation should make citizens of New Mexico proud in that many law enforcement agencies worked together for a common goal; to eliminate violent career criminals from our communities,” said New Mexico State Police Chief Tim Johnson. “80 New Mexico State Police officers were assigned to take part in today’s successful operation. The New Mexico State Police is excited to be part of the Violent Crimes Task Force. New Mexico State Police will continue to work together with law enforcement partners and conduct proactive police operations, targeting the most dangerous criminals in New Mexico. The New Mexico State Police is committed to addressing the concerns of New Mexicans impacted by crime.”
“Working in collaboration with local and federal law enforcement agencies is an important aspect of public safety, said Sheriff Mendoza. “This operation and arrest is a collaborative effort to enforce current state and federal gun laws to ensure that those who unlawfully posses firearms and terrorize our communities will be brought to justice.” According to the criminal complaint, Martinez allegedly committed this offense on October 24, 2018. The complaint alleges Martinez went to a residence in Cuarteles, N.M., where he shot another man in the groin. The victim drove himself to the hospital and received medical attention following the shooting. Martinez allegedly also possessed additional ammunition at his home on this date. Martinez was prohibited from possessing a firearm or ammunition based on previous felony convictions for aggravated battery, battery upon a police officer, attempted robbery, and possession of controlled substances.
Martinez is currently in custody awaiting trial. He faces up to 10 years in prison if convicted of the charged offense. A complaint is only an accusation. A criminal defendant is presumed innocent until proven guilty.
The Albuquerque office of the FBI investigated this case with the New Mexico State Police, New Mexico Corrections Department, and Santa Fe County Sheriff’s Office. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case as part of the OCDETF Program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Man from Las Vegas, N.m. Faces Federal Charges of Cocaine Possession and RobberyRead the Press Release
ALBUQUERQUE – Gary Coca, 46, of Las Vegas, N.M., appeared in federal court in Albuquerque today on a federal complaint charging him with possession with intent to distribute cocaine and robbery by interference with commerce by threats or violence.
The charges against Coca are the result of an FBI-led multi-agency effort to reduce violent crime in northern New Mexico communities. U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, New Mexico State Police Chief Tim Johnson, Las Vegas (New Mexico) Police Chief David T. Bibb, and Richard Flores, District Attorney for the Fourth Judicial District of New Mexico, announced the results of the multi-agency collaboration today in a series of press releases.
“Reducing violent crime in America is one of the Department of Justice’s highest priorities,” said First Assistant U.S. Attorney Fred Federici. “The U.S. Attorney’s Office is committed to working with our federal, state, and local law enforcement partners to protect the safety of New Mexicans by dismantling the violent criminal organizations that are responsible for so much of the violence in our communities, jails, and prisons.”
“The FBI has been working closely with our law enforcement partners for years to weaken and eventually eliminate this violent prison gang, arresting approximately 160 of its members and associates,” said Special Agent in Charge James C. Langenberg. “This latest arrest should send a clear message that those who plot to undermine the security of our communities and correctional system will be held accountable.”
“Today’s operation should make citizens of New Mexico proud in that many law enforcement agencies worked together for a common goal; to eliminate violent career criminals from our communities,” said New Mexico State Police Chief Tim Johnson. “80 New Mexico State Police officers were assigned to take part in today’s successful operation. The New Mexico State Police is excited to be part of the Violent Crimes Task Force. New Mexico State Police will continue to work together with law enforcement partners and conduct proactive police operations, targeting the most dangerous criminals in New Mexico. The New Mexico State Police is committed to addressing the concerns of New Mexicans impacted by crime.”
“I’ve often said that when different agencies work in a collaborated effort, great things can happen,” said District Attorney Flores. “I am very thankful to the United States Attorney’s Office and the FBI for spearheading this operation. It’s helped in making our community that much safer.”
According to the criminal complaint, police in Las Vegas, N.M., stopped Coca for driving erratically on May 2, 2019. Coca and a passenger allegedly ran from the vehicle and officers chased after them. During the chase, Coca allegedly took off his jacket and left it behind as he jumped a fence. Coca got away, but police located his jacket and searched it. They allegedly found a plastic bag containing about 13.5 grams of crack cocaine and a digital scale.
According to the criminal complaint, Coca allegedly went into a home improvement store in Albuquerque on August 7, 2019. He allegedly selected about $1003 worth of merchandise and went to leave the store without paying. When security tried to stop Coca, he allegedly pulled a handgun from his waistband and pointed it at a store employee. Coca got away in his car. Police officers from the Pueblo of Sandia arrested Coca on August 14, 2019.
Coca is currently in custody pending trial. He faces up to 20 years in prison for the drug and robbery offenses. A complaint is only an accusation and a defendant is presumed innocent until proven guilty.
The Albuquerque Office of the FBI investigated this case with assistance from the Albuquerque Police Department, Las Vegas Police Department, Sandia Police Department, and New Mexico State Police, with assistance from the 4th Judicial District Attorney’s Office. Assistant U.S. Attorneys Maria Armijo and Randy Castellano are prosecuting the case.
Man from Artesia Sentenced to 1o Years in Federal Prison for Methamphetamine and Gun PossessionRead the Press Release
ALBUQUERQUE – Adalberto Chavez-Chavez, 36, of Artesia, N.M., was sentenced in federal court in Las Cruces yesterday to 10 years (120 months) in prison for possession with intent to distribute 50 grams or more of methamphetamine and carrying a firearm during and in relation to a drug trafficking crime.
Chavez-Chavez previously pleaded guilty to these offenses on April 29, 2019. In his plea agreement, he admitted possessing 264 grams of methamphetamine and two loaded handguns in his car when police stopped him for a traffic infraction in Carlsbad, N.M., on December 13, 2018.
The Drug Enforcement Administration investigated the case with the Pecos Valley Drug Task Force and the Carlsbad Police Department. Assistant U.S. Attorney Renee L. Camacho of the Las Cruces Branch Office prosecuted the case.
Attorney and Client Indicted for Conspiracy to File False Federal Income Tax ReturnsRead the Press Release
ALBUQUERQUE – A grand jury in Albuquerque, N.M. has returned an indictment charging Victor Kearney, 55, of Zephyr Cove, Nev., and Robert Fiser, 58, of Albuquerque with preparing and filing false tax returns to conceal millions of dollars in income Kearney received as a beneficiary of two testamentary trusts.
The grand jury returned the indictment on August 27, 2019. It charges Kearney and Fiser with participating in a conspiracy to defraud the United States, from October 20, 2009, to November 4, 2016, by impairing the ability of the Internal Revenue Service (“IRS”) to assess and collect revenue in the form of income taxes. The indictment further charges Kearney with willfully making and subscribing a false personal income tax return on September 6, 2013, in which Kearney allegedly substantially underreported his income for 2011. The indictment further charges Fiser with allegedly aiding and assisting Kearney in the preparation of Kearney’s false return on September 4, 2013.
According to the indictment, Kearney allegedly received annual income as a beneficiary of Mary Pat Abruzzo-Kearney Trust B and C. Kearney hired Fiser, a licensed attorney in New Mexico, to prepare his tax returns. Both Kearney and Fiser knew Kearney received annual income from the Abruzzo-Kearney trusts, but they did not report that income to the IRS. Kearney and Fiser allegedly concealed their tax evasion by signing false returns and making false statements under oath at depositions in civil lawsuits.
Fiser appeared for arraignment in federal court earlier today. He is out of custody pending trial. Kearney is scheduled for arraignment on September 12, 2019. Kearney and Fiser each face a sentence of up to 5 years in prison if convicted of the conspiracy offense. Kearney faces up to 3 years in prison for making and subscribing a false return. Fiser also faces 3 years in prison for aiding and assisting in the preparation of the false return. Indictments are only accusations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Special agents with IRS Criminal Investigation investigated this case. Assistant U.S. Attorneys Kimberly Brawley and Sean Sullivan are prosecuting the case.
Federal Jury Convicts Man from Roswell of Drug Trafficking and Firearm PossessionRead the Press Release
ALBUQUERQUE – A federal jury in Las Cruces, N.M., found Jose Velarde-Pavia, 37, of Roswell, N.M., guilty at trial on August 28, 2019, of possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
According to court records and evidence presented at trial, law enforcement agents from the Chaves County Metro Narcotics Task Force observed Velarde-Pavia as the driver and only passenger of a pick-up truck driving in Roswell on June 11, 2018. The agents pulled Velarde-Pavia over with a warrant to search him and his car. Inside the car, the agents found methamphetamine weighing at least 50 grams and two pistols with ammunition. The evidence at trial proved Velarde-Pavia possessed the drugs and guns in violation of federal law.
Velarde-Pavia is currently in custody awaiting sentencing at a later date. He faces from 10 to 40 years in prison for methamphetamine possession and a consecutive sentence of five years in prison for possession of the firearm.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorneys Mark Saltman and Christopher Solis are prosecuting the case.