District of New Mexico

ALBUQUERQUE – Five members of the Syndicato New Mexico prison gang were sentenced to life in prison this week in federal court in Las Cruces, N.M. after juries convicted them in 2018 of committing murder in aid of racketeering.

            These defendants were previously charged along with 17 others for murder and other offenses in a superseding indictment.  Several of those charged went to trial while others pleaded guilty.  On March 12, 2018, a jury found Anthony Ray Baca, 55, of Albuquerque, N.M., and Carlos Herrera, XX, of XXX. N.M., guilty of conspiracy to commit murder and murdering a person identified as J.M. on March 7, 2014.   The jury also found Baca guilty of conspiracy to murder a person identified as D.S. and another person identified as G.M.

On May 25, 2018, a separate jury found Joe Gallegos, 48, of Los Lunas, N.M., Billy Garcia, 63, of Albuquerque, N.M., and Arturo Arnulfo Garcia, 38, of Denver, Colo., guilty of multiple offenses.  In particular, the jury found Joe Gallegos and Billy Garcia guilty of murdering a person identified as F.C. on March 26, 2001.  The jury also found Joe Gallegos guilty of conspiracy to commit murder and murdering a person identified as A.B. on November 12, 2012.  The jury also found Garcia guilty of murdering a person identified as R.G. on March 26, 2001.  The jury also found Arturo Arnulfo Garcia guilty of murdering F.S. on June 17, 2007.

On June 12, 2019, Baca was sentenced to life in prison for the murder of J.M., and to XXX for conspiracy to murder J.M. and conspiracy to murder D.S. and G.M.

On June 11, 2019, Herrera was sentenced to life in prison for the murder of J.M. and to 120 months in prison for conspiracy to murder J.M.  Herrera must serve these sentences consecutively to sentences previously imposed against him in the Second Judicial District Court of New Mexico.

On June 11, 2019, Gallegos was sentenced to life in prison for murdering F.C. and A.B. and to 120 months in prison for conspiring to murder A.B.  Billy Garcia was sentenced to life in prison for murdering F.C. and R.G.  Arthuro Arnulfo Garcia was sentenced to life in prison for murdering F.S.  

Other defendants in this case have also been sentenced.  In particular, Chris Garcia, 43, of Albuquerque, N.M. pleaded guilty on January 25, 2018, to conspiracy to murder G.M and being a felon in possession of a firearm.  He also pleaded guilty in separate cases to racketeering conspiracy, distribution of cocaine and heroin, and possession with intent to distribute heroin.  Garcia received a total sentence of 30 years in prison.   

Daniel Sanchez, 46, of Albuquerque, was found guilty along with Baca and Herrera for conspiring to murder and murdering J.M.  He received a sentence of XXX.  Edward Troup, 44, of Albuquerque, N.M., was found guilty along with Arturo Arnulfo Garcia of murdering F.S. Troup received a sentence of XXX.  Andrew Gallegos, XX, of XXX, N.M. was found guilty along with Joe Gallegos of conspiracy to murder and murdering A.B.  He received a sentence of XXX.

This case was investigated by the Albuquerque office of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correction Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI divisions.  Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.   

ALBUQUERQUE – Five members of the Syndicato New Mexico prison gang were sentenced to life in prison this week in federal court in Las Cruces, N.M. after juries convicted them in 2018 of committing murder in aid of racketeering.

            These defendants were previously charged along with 17 others for murder and other offenses in a superseding indictment.  Several of those charged went to trial while others pleaded guilty.  On March 12, 2018, a jury found Anthony Ray Baca, 55, of Albuquerque, N.M., and Carlos Herrera, XX, of XXX. N.M., guilty of conspiracy to commit murder and murdering a person identified as J.M. on March 7, 2014.   The jury also found Baca guilty of conspiracy to murder a person identified as D.S. and another person identified as G.M.

On May 25, 2018, a separate jury found Joe Gallegos, 48, of Los Lunas, N.M., Billy Garcia, 63, of Albuquerque, N.M., and Arturo Arnulfo Garcia, 38, of Denver, Colo., guilty of multiple offenses.  In particular, the jury found Joe Gallegos and Billy Garcia guilty of murdering a person identified as F.C. on March 26, 2001.  The jury also found Joe Gallegos guilty of conspiracy to commit murder and murdering a person identified as A.B. on November 12, 2012.  The jury also found Garcia guilty of murdering a person identified as R.G. on March 26, 2001.  The jury also found Arturo Arnulfo Garcia guilty of murdering F.S. on June 17, 2007.

On June 12, 2019, Baca was sentenced to life in prison for the murder of J.M., and to XXX for conspiracy to murder J.M. and conspiracy to murder D.S. and G.M.

On June 11, 2019, Herrera was sentenced to life in prison for the murder of J.M. and to 120 months in prison for conspiracy to murder J.M.  Herrera must serve these sentences consecutively to sentences previously imposed against him in the Second Judicial District Court of New Mexico.

On June 11, 2019, Gallegos was sentenced to life in prison for murdering F.C. and A.B. and to 120 months in prison for conspiring to murder A.B.  Billy Garcia was sentenced to life in prison for murdering F.C. and R.G.  Arthuro Arnulfo Garcia was sentenced to life in prison for murdering F.S.  

Other defendants in this case have also been sentenced.  In particular, Chris Garcia, 43, of Albuquerque, N.M. pleaded guilty on January 25, 2018, to conspiracy to murder G.M and being a felon in possession of a firearm.  He also pleaded guilty in separate cases to racketeering conspiracy, distribution of cocaine and heroin, and possession with intent to distribute heroin.  Garcia received a total sentence of 30 years in prison.   

Daniel Sanchez, 46, of Albuquerque, was found guilty along with Baca and Herrera for conspiring to murder and murdering J.M.  He received a sentence of XXX.  Edward Troup, 44, of Albuquerque, N.M., was found guilty along with Arturo Arnulfo Garcia of murdering F.S. Troup received a sentence of XXX.  Andrew Gallegos, XX, of XXX, N.M. was found guilty along with Joe Gallegos of conspiracy to murder and murdering A.B.  He received a sentence of XXX.

This case was investigated by the Albuquerque office of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correction Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI divisions.  Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.   

ALBUQUERQUE – Royce Aragon, 33, of Laguna Pueblo, N.M. was sentenced in federal court today to 18 months in prison for interference with interstate commerce by robbery and violence.     

Aragon previously pleaded guilty to this offense on February 6, 2019.  In her plea agreement, she admitted going to the Casa Blanca Travel Center on Laguna Pueblo on December 30, 2016.  Aragon kept watch at the front of the store while another person intimidated store clerks and stole money from a cash register.  Aragon then followed the other person out of the store and stayed at a hotel with the other person that night.   The robbery caused the travel center to close for several hours, preventing interstate travelers from purchasing gasoline and other items. 

Aragon is an enrolled member of Laguna Pueblo.  A co-defendant in this case, Cruz Abieta, received a prison sentence of 84 months on August 17, 2018.      

The Bureau of Indian Affairs investigated this case with the Laguna Pueblo Police Department.   Assistant U.S. Attorney Michael D. Murphy prosecuted the case.  

ALBUQUERQUE – Omil Cotto, 33, of Albuquerque, N.M., pleaded guilty in federal court yesterday to charges of methamphetamine possession with the intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime.

The evidence acquired during the investigation shows that at approximately 2:39 p.m., on May 31, 2018, multiple 911 calls were received regarding a road rage incident that occurred near the intersection of Edith and Montano in Albuquerque, New Mexico. Law enforcement obtained surveillance footage from a nearby business that showed Cotto was involved in a collision with another vehicle. The video showed Cotto exit his yellow Chevrolet Camaro and fire multiple rounds from a gun towards the other vehicle as it drove northbound on Edith Boulevard.

The subsequent investigation of the shooting led officers to a home in southwest Albuquerque where Cotto was found. Cotto was taken into custody and a search warrant was obtained for the home. Inside the home, officers found a backpack that contained two bundles of methamphetamine and a handgun. A rifle was also found in the residence.

According to his plea agreement, Cotto admitted that he possessed approximately 877 grams of pure methamphetamine and a pistol in his car while driving in Bernalillo County on May 31, 2018.  Cotto intended to distribute the methamphetamine in violation of federal law.  Cotto possessed the firearm for protection from anyone who tried to steal his methamphetamine. 

Cotto is currently in custody awaiting sentencing.  He faces 15 years in prison under 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 Department.  Assistant U.S. Attorney Peter J. Eicker is prosecuting the case.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. 

The Department of Justice today reached a settlement under the Americans with Disabilities Act (ADA) with McKinley County, New Mexico, to ensure that the County’s polling places are accessible to individuals with mobility and vision impairments.  The County is home to the Zuni Pueblo and parts of the Navajo Nation, and more than two dozen of the County’s polling places are located on Indian reservations.

Based on a complaint, the Department of Justice surveyed and assessed the County’s voting program for compliance with the ADA. The Department’s survey identified architectural barriers under the ADA at County polling places, including inaccessible parking, ramps that were too steep, and doorways that were too narrow. Under the ADA, counties that conduct local, state, or federal elections may not select polling places that are inaccessible during elections to individuals with disabilities. Under the terms of the settlement agreement, McKinley County will begin remediating its voting program in time for its next election. To make its selected polling places accessible, the County will employ temporary measures, such as portable ramps, signage, and propped open doors, as well as certain permanent changes, such as paved parking and ramps. In addition, the County will train its poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections. Furthermore, the County will survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreement requires the County to select locations that will be accessible during elections. The Department of Justice will monitor the County’s compliance with the agreement and provide the County with technical assistance. 

“Through this settlement, McKinley County will ensure that its polling places are accessible to voters with disabilities so that they have an equal opportunity to exercise one of their most fundamental rights, the right to vote,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We applaud the County’s commitment to providing equal access to the polls.” 

“The right to cast a ballot and participate in elections is at the heart of our democracy,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “Disability should never stand as an impediment to the exercise of this fundamental right. Today’s settlement ensures the citizens of McKinley County that their polling places will be accessible to all eligible voters.”

This settlement is part of the Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. Through this Initiative, the Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions, including Harris County, Texas; Chicago, Illinois; Richland County, South Carolina; and Dauphin County, Pennsylvania.

For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

The settlement agreement can be found here.

ALBUQUERQUE – Garrith Bitsilly, 32, of Toadlena, N.M., appeared in federal court yesterday on charges of aggravated sexual abuse and abusive sexual contact in Indian Country. 

According to a criminal complaint, Bitsilly allegedly committed numerous acts of sexual abuse against the victim, who was less than 12 years old, over the course of about seven months in 2014.  The victim was staying at Bitsilly’s home in San Juan County during this time while the victim’s mother was deployed to Afghanistan with the military.  Bitsilly is an enrolled member of the Navajo Nation. 

Criminal complaints are merely accusations.  A defendant is presumed innocent until proven guilty.   Bitsilly is currently on release to a halfway house pending trial.  He faces from 30 years to life in prison if convicted of aggravated sexual abuse.  Bitsilly faces up to life in prison if convicted of abusive sexual contact.

The Farmington office of the FBI investigated this case.  Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.  

ALBUQUERQUE – Dieter Douglas, 33, of Shiprock, N.M., appeared in federal court today on charges of assault by strangulation in Indian Country. 

According to a criminal complaint, Douglas allegedly committed this offense in San Juan County on May 14, 2019.  Douglas became drunk, assaulted the victim, and threatened to kill her.  He hit the victim in the head several times and bit her on the arm.  Douglas violently choked the victim three or four times causing her to lose consciousness.  Douglas is an enrolled member of the Navajo Nation.         

Criminal complaints are merely accusations and a defendant is presumed innocent until proven guilty.   Douglas is currently in custody awaiting trial.  He faces as much as 10 years in prison if convicted. 

The Farmington office of the FBI investigated this case with the Navajo Department of Criminal Investigations.  Assistant U.S. Attorney Novaline Wilson is prosecuting the case.  

ALBUQUERQUE – Charles Chavez, 27, of Albuquerque, N.M., appeared in federal court today on a criminal complaint charging him with two counts of carjacking and two counts of brandishing a firearm during and in relation to a crime of violence. 

According to the criminal complaint, Chavez rang the doorbell at a home in Albuquerque on January 8, 2019.   He asked to use the telephone, but the resident who answered the door said no.  Chavez then pointed a gun at the resident and demanded the keys to the resident’s truck.

Chavez then drove away in the truck and went to a gas station where he confronted a motorist who was pumping gas.  Chavez pointed a rifle at the motorist and demanded the keys to the motorist’s truck.  Chavez drove away in this second truck leaving behind the first truck he previously stole from the home. 

Chavez then drove to a drive-thru ATM machine.  He got out of the truck that he stole at the gas station and approached the occupants of another vehicle who were in the process of using the ATM.  Chavez pointed a rifle at them and demanded money.  Deputies from the Bernalillo County Sheriff’s Office saw Chavez committing this crime, approached him, and ordered him to surrender.  Chavez ignored them and drove away in the truck he stole from the gas station, but crashed a short distance away.  He tried to escape on foot, but deputies caught and arrested him.

Criminal complaints are only accusations.  Defendants are presumed innocent until proven guilty.  Chavez is currently in custody awaiting trial.  He faces up to 15 years in prison for each of the carjacking offenses and consecutive sentences of 7 years to life in prison for each of the firearm offenses. 

The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBUQUERQUE – Vernon Poleahla, 34, of Zuni, N.M., was sentenced in federal court yesterday to 79 months in prison for involuntary manslaughter and assault resulting in serious bodily injury in Indian Country. 

Poleahla previously pleaded guilty to these offenses on September 26, 2018.  According to Poleahla’s plea agreement, he committed these offenses following an argument on April 27, 2018.  Poleahla choked the first victim and stabbed him in the neck causing serious bodily injury.  When the second victim intervened to assist the first victim, Poleahla stabbed the second victim in the stomach causing his death.  Poleahla is an enrolled member of Zuni Pueblo.       

           The Gallup office of the FBI investigated the case with assistance from the Zuni Police Department.   Assistant U.S. Attorney Allison C. Jaros prosecuted the case.  

ALBUQUERQUE – Harrington Alonzo, 34, of Pine Hill, N.M., was arraigned in federal court today on an indictment charging him with assault with a dangerous weapon in Indian Country and carrying, brandishing, and discharging a firearm during and in relation to a crime of violence. 

According to a criminal complaint, Alonzo committed these offenses on April 24, 2019, within the boundaries of the Navajo Nation.  Alonzo became drunk and argued with his girlfriend.   She called the police to respond to their home.  When they arrived, Alonzo pulled a handgun and fired several shots at an officer.  The officer returned fire, but no one was hit or otherwise injured in the exchange of bullets.  Alonzo is an enrolled member of the Navajo Nation.      

The charges in an indictment and criminal complaint are only accusations.   A defendant is presumed innocent until proven guilty.   Alonzo is currently in custody pending trial.   He faces up to 10 years in prison if convicted of the assault charge and a consecutive sentence of from 10 years to life in prison if convicted of the firearm offense.  

            The Gallup office of the FBI investigated the case with assistance from the Ramah Navajo Police Department  and the Navajo Nation Police Department.   Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE – Jennifer Nelson, 30, of Vanderwagen, N.M., was sentenced in federal court today to 30 months in prison for involuntary manslaughter in Indian Country. 

Nelson previously pleaded guilty to this offense on February 8, 2019.  According to Nelson’s plea agreement, on October 16, 2016, she drove an automobile while drunk within the boundaries of the Navajo Nation.  Wilson attempted to pass another car while speeding, but struck the other car and caused it to flip over.  The driver of the other car was ejected from his own vehicle and crushed to death.  Nelson is an enrolled member of the Navajo Nation. 

            The FBI investigated the case with assistance from the Navajo Police Department, McKinley County Sheriff’s Department, and New Mexico State Police.     Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.  

ALBUQUERQUE – Mateo L. Maestas, 21, of Acoma Pueblo, N.M., appeared in federal court on Thursday on charges of involuntary manslaughter following a deadly automobile accident earlier this year.

According to a criminal complaint, Maestas was driving while intoxicated in Cibola County on April 16, 2019, when he crashed his car into another vehicle occupied by a woman and two children.  The woman died from injuries sustained in the crash.   She was an enrolled member of the Laguna Indian Tribe.   Maestas is an enrolled member of the Acoma Indian Tribe. 

Maestas is currently in custody.   He faces up to 8 years in prison if convicted of involuntary manslaughter.  

The Bureau of Indian Affairs investigated this case.  Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.  

ALBUQUERQUE – Turab Lookman, 67, of Santa Fe, N.M., made an initial appearance in federal court today on charges of making false official statements about his involvement with a program established by the Chinese government to recruit people with access to and knowledge of foreign technology and intellectual property.

The FBI arrested Lookman yesterday after a grand jury indicted him on Wednesday on three counts of making false official statements about being recruited by and applying to participate in China’s Thousand Talents Program for personal compensation.   The indictment alleges that Lookman made false statements about his involvement with China’s Thousand Talents Program on an employment questionnaire, in a debriefing with a Los Alamos National Laboratory counterintelligence officer, and to an investigator from the National Background Investigation Bureau/Office of Personnel Management.     

An indictment is only an accusation and a defendant is presumed innocent until proven guilty.  Lookman is currently in custody pending a detention hearing on Tuesday. He faces up to 5 years in prison if convicted.     

The Federal Bureau of Investigation investigated this case with support from Los Alamos National Laboratory.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.  

ALBUQUERQUE – Tyrone Coriz, 48, of San Felipe Pueblo, N.M., was convicted by a federal jury on Wednesday of two counts of aggravated sexual abuse of a child in Indian Country.   Coriz faces a mandatory sentence of life imprisonment based on his previous conviction for another federal sex crime in 1992. 

According to the evidence at trial, Coriz committed aggravated sexual abuse involving two different sex acts against the same victim between November 1, 2015, and December 27, 2015.  Coriz lived in the same home as the victim and other family members.   He committed these offenses at night while other household members were sleeping.  Coriz committed the abuse while covering the mouth of the victim and telling her to be quiet.  Two other previous victims testified that Coriz also abused them in similar ways at various times over more than twenty years.  Some of the victims also testified to witnessing Coriz sexually and physically abuse other victims.         

Coriz is currently in custody awaiting sentencing at a later date.   He was previously convicted of abusive sexual contact against a different victim in 1992.  Coriz faces a mandatory term of life imprisonment based on this prior conviction.  

The Bureau of Indian Affairs and Federal Bureau of Investigation investigated this case with assistance from the Santa Ana Police Department.  Assistant U.S. Attorneys Nicholas Marshall and Kyle Nayback are prosecuting the case.  

ALBUQUERQUE – Ryan Thompson, 32, of Tohatchi, N.M. was sentenced in federal court yesterday to 240 months in prison for kidnapping and sexually assaulting his former girlfriend within the boundaries of the Navajo Nation. 

Thompson previously entered a guilty plea to these charges on February 5, 2019.  According to court documents, Thompson kidnapped the victim and her child at a gas station in Gallup, N.M. on November 15, 2017.  Thompson then drove them to a remote location where he brutally beat and sexually assaulted the victim throughout the night.  Thompson confined the victim and her child for a total of two days before she finally escaped and alerted law enforcement. 

            The FBI investigated the case.   Assistant U.S. Attorney Joseph M. Spindle prosecuted the case. 

ALBUQUERQUE – Ryan Franklin, 30, of Shiprock, N.M., pleaded guilty in federal court on Monday to a charge of assaulting a woman in Indian Country resulting in serious bodily injury.  

According Franklin’s plea agreement, he committed the offense on August 25, 2018, within the boundaries of the Navajo Nation in San Juan County, N.M.  Franklin admitted he hit the victim in the face several times with his fists.  The victim suffered extreme pain, a fractured orbital socket, and disfigurement that still requires medical attention.  Franklin is an enrolled member of the Navajo Nation. 

Franklin is currently in custody awaiting sentencing.  He faces up to 10 years in prison.

            The FBI investigated the case with the Bureau of Indian Affairs and the Navajo Police Department.   Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case. 

ALBUQUERQUE – Twaine M. Willie, 28, of Farmington, N.M. was sentenced in federal court on Monday to 30 months in prison for assault causing serious bodily injury.     

Willie previously entered a guilty plea to this offense on May 8, 2018.   In his plea agreement, Willie admitted assaulting the victim within the Jicarilla Apache Nation on January 3, 2018.  Willie pushed and beat the victim causing serious bodily injury, including a compound fracture to the victim’s leg.   The victim suffered extreme pain and needed surgery to repair his broken bones.  Willie is an enrolled member of the Navajo Nation.    

            The Farmington office of the FBI investigated this case with the Jicarilla Apache Police Department.   Assistant U.S. Attorney Novaline D. Wilson prosecuted the case. 

ALBUQUERQUE – Presley Dexter Sandoval, 25, of Pueblo Pintado, N.M., pleaded guilty in federal court yesterday to committing aggravated sexual abuse against a child within the boundaries of the Navajo Nation.

Sandoval entered a plea of guilty to an information charging him with committing the offense in McKinley County between January 1, 2013, and September 30, 2015.  According to court documents, Sandoval engaged in forcible sexual acts with the child at a residence on at least two separate occasions. 

Sandoval is an enrolled member of the Navajo Nation.  He is currently in custody awaiting sentencing and faces a maximum term of life in prison.    

            The Gallup office of the FBI investigated the case.   Assistant U.S. Attorneys David Cowen, Allison Jaros, and Jennifer Rozzoni are prosecuting the case. 

Raymond Moya Convicted of Selling Heroin Resulting in Death of

18-Year-Old Cameron Weiss, a Former La Cueva High School Student who

Became Addicted to Opioids Following Treatment for a Sports-Related Injuries

           ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict early this afternoon finding Raymond Moya, 34, of Albuquerque, on two heroin trafficking offenses, including a distribution of heroin on Aug. 12, 2011, that resulted in the death of an Albuquerque teenager on Aug. 13, 2011.  The verdict was announced by U.S. Attorney John C. Anderson and Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division.

In announcing the verdict, U.S. Attorney Anderson said, “Hundreds of people die each year in New Mexico from heroin and opioid overdoses.  The U.S. Attorney’s Office is committed to working with the DEA and its other partners across federal, state, local and tribal law enforcement to combat the abuse of heroin and prescription opioids, which has had, and continues to have, devastating effects on victims, their families, and our communities.”

“New Mexico has been hit hard by the heroin and opioid epidemic that is plaguing our country,” said Kyle W. Williamson, Special Agent in Charge of DEA’s El Paso Division.  “Drug dealers who fuel this epidemic must be held accountable for their actions, which – all too often – have lethal consequences.  DEA will continue to work with our law enforcement partners to bring to justice those who prey on our communities and to do our part to reduce overdose deaths.”

            Moya was indicted on May 28, 2015, and charged with distributing heroin on Aug. 7, 2011, and distributing heroin on Aug. 12, 2011 resulting in Mr. Weiss’s death.  At the time the indictment was filed, Moya was serving a 72-month federal prison sentence for his conviction for committing a heroin trafficking crime in the northeast heights of Albuquerque in Nov. 2011.

Trial on the case began on May 6, 2019, and concluded early this afternoon when the jury returned a verdict of guilty on both counts of the indictment.  During the trial, numerous witnesses testified about final week of the life of Cameron Weiss, an 18-year-old who died of a heroin overdose on the morning of Aug. 13, 2011.  The jury learned that Mr. Weiss had been addicted to heroin for two years, after getting hooked on opiate painkillers to treat serious sports injuries sustained as a student athlete at La Cueva High School in Albuquerque. 

Mr. Weiss had spent time in rehab, but had relapsed and ended up in jail in Aug. 2011.  While in jail, Mr. Weiss learned that Moya was a source of heroin supply who could be contacted through go-betweens.  After he was released from jail on Aug. 7, 2011, Mr. Weiss contacted a go-between, who purchased heroin from Moya and delivered it to Mr. Weiss.  The following day, Mr. Weiss joined his family in California where they were vacationing; the family returned to Albuquerque on Aug. 11, 2011.  The next day, Aug. 12, 2011, Mr. Weiss met with another go-between, who purchased more heroin from Moya, including heroin which Mr. Weiss ingested over the course of the evening and into the night.  At the end of the night, a friend dropped Mr. Weiss off at home.  Mr. Weiss went into his bedroom and went to sleep; he never woke up.  A pathologist determined that Mr. Weiss died as the result of a heroin overdose.

            Moya remains in custody pending his sentencing hearing, which has yet to be scheduled.  Because of his status as a career offender, with a criminal history that includes at least four prior felony convictions, Moya faces the following enhanced penalties based on today’s verdict:  a maximum thirty years of imprisonment on Count 1 of the indictment, distribution of heroin; and a mandatory term of life imprisonment on Count 2, the distribution of heroin on Aug. 12, 2011 that resulted in the death of Mr. Weiss.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Sean J. Sullivan, Paul Mysliwiec, and Nicholas Jon Ganjei.  The U.S. Attorney’s Office prosecuted this case as part of the Department of Justice’s commitment in partnership with other law enforcement to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis. 

Physician’s Medical License Revoked in 2012

             ALBUQUERQUE – Pawankumar Jain, 66, a former physician, was sentenced today in federal court in Las Cruces, N.M., to 108 months in prison and three years of supervised release for unlawfully dispensing controlled substances and health care fraud.  The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.

            Jain previously entered guilty pleas on Feb. 11, 2016, to one count of unlawfully dispensing a controlled substance and one count of health care fraud.  In his plea agreement, Jain admitted that he previously was licensed to practice medicine in the State of New Mexico and was registered with the DEA to prescribe controlled substances, including pain medication.   Jain admitted that for several years he operated a high-volume “pain management” practice in Las Cruces, and frequently performed only “cursory” examinations of his patients before prescribing narcotics to them without documenting any therapeutic benefit for those drugs in his records.

            Jain specifically admitted examining one patient on Nov. 25, 2009, who is identified in the indictment as “M.E.B.”  Jain admitted that he conducted only a superficial examination of M.E.B. before writing M.E.B. two prescriptions for methadone that were outside the usual course of medical practice and not for any legitimate medical purpose.  Each prescription was for 270 tablets of 10 mg methadone.  Jain further admitted that he committed health care fraud because he knew these unlawful prescriptions would be submitted to Medicare for payment and that he intended for Medicare to pay for the prescriptions. 

            Jain also acknowledged that M.E.B. died two days after filling the second methadone prescription.  According to evidence at the sentencing hearing, M.E.B. died of respiratory depression due to the methadone Jain prescribed.  The New Mexico Medical Board suspended Jain’s license in June 2012, and revoked his license in Dec. 2012. 

“The U.S. Attorney’s Office and our law enforcement partners are committed to working together to aggressively target and hold drug traffickers accountable – both those who distribute on the street, and those who traffic as physicians writing prescriptions for no legitimate medical purpose,” said U.S. Attorney John C. Anderson.  “Doctors who betray our trust and put their own financial gain ahead of the well-being of their patients by prescribing narcotics without medical justification are directly fueling our nation’s opioid crisis.”

            “Doctors take an oath to treat and care for patients who come to them for help,” stated Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division.  “Dr. Jain ignored this oath and continued to overprescribe, which eventually resulted in the deaths of four patients. His sentencing today will send a message to other doctors that they are not above the law and DEA will continue to forcefully pursue and hold them accountable.”

            “Patients must be able to trust their physician,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.  “This doctor not only violated that trust but defrauded federal health care programs that many consumers depend on.  The FBI hopes this case sends a message that this kind of criminal behavior by someone who should have put his patients’ well-being first will not be tolerated.  We congratulate the DEA, U.S. Attorney's Office, the New Mexico Medical Board, and the New Mexico Board of Pharmacy on a successful prosecution.”

This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy.  The case was prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

            The U.S. Attorney’s Office prosecuted this case as part of the Department of Justice’s commitment in partnership with other law enforcement to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis. 

ALBUQUERQUE – David Castle, 76, of Albuquerque, N.M., pleaded guilty to a tax evasion charge on May 3, 2019, before U.S. Magistrate Judge Steven C. Yarborough, announced U.S. Attorney John C. Anderson and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS-Criminal Investigation.

           Castle, the owner and operator of the Gold and Silver Exchange (GSE), an Albuquerque-based store that focuses on the sale, purchase and repair of jewelry, was indicted in Feb. 2018, and was charged with obstructing the administration of the internal revenue laws and tax evasion. 

Count 1 of the indictment charged Castle with perpetuating a scheme to evade and defeat the assessment and payment of taxes to the United States from Dec. 2004 through Jan. 2018.  According to the indictment, Castle used several nominee businesses to conduct GSE’s financial operations to hide income generated by GSE from the IRS; executed his corrupt scheme by using bank accounts belonging to the nominee businesses; concealed personal income and expenditures; engaged in cash transactions; employed and paid GSE personnel in cash that could not easily be connected to GSE’s business operations; and deliberately failed to keep accurate business records reflecting GSE’s income and expenses.

            Count 2 of the indictment alleged that from Dec. 2008 through Dec. 2017, Castle attempted to evade federal taxes for the years 1992-1993, 1995-2002, 2005, and 2006 in the approximate amount of $104,446.81.  Castle committed this crime by concealing from the IRS the nature and location of his business revenue; placing funds in bank accounts belonging to nominee businesses; emphasizing cash operations in order to place the revenue beyond the reach of the legal process; and by failing to file personal and business income tax returns or by filing false or frivolous tax returns.

            On Friday, Castle pled guilty to Count 2.  In his plea agreement, Castle admitted from 2010 through 2013, while he was the sole owner and operator of GSE, he filed no tax returns for his business, his business provided no tax withholdings to the IRS, and he paid no taxes either for his business or his household.  Castle acknowledged relying on cash transactions to operate GSE, and using bank accounts that appeared to be unassociated with GSE to conceal the business’s revenue.  Castle agreed that his criminal conduct resulted in a tax loss of $211,829 during tax years 2010 through 2013.

At sentencing, Castle faces a maximum penalty of five years of imprisonment, a term of supervised release, a maximum fine of $250,000, and restitution.  A sentencing date has yet to be scheduled.

            This case was investigated by the Albuquerque office of IRS – Criminal Investigation and is being prosecuted by Assistant U.S. Shaheen P. Torgoley.

            ALBUQUERQUE –Brian Adrian Sloan, 33, an enrolled member of the Navajo Nation from Newcomb, N.M., was sentenced yesterday in Albuquerque federal court to life imprisonment for his conviction on aggravated child sexual abuse charges, announced U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.

            The FBI arrested Sloan, in Aug. 2016, on an indictment alleging child sexual abuse offenses.  The indictment was superseded in Jan. 2017, and charged Sloan with sexually abusing two children under the age of 12 years.  The four-count superseding indictment charged Sloan with violating one child on three occasions in 2007 and 2008, and another child in 2003, on the Navajo Indian Reservation in McKinley County, N.M.  Sloan was convicted on all four-counts of the superseding indictment by a jury in Nov. 2018, after a five-day trial.

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

ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has returned an indictment charging Larry Mitchell Hopkins, 69, of Flora Vista, N.M., with being a felon in possession of firearms and ammunition, announced New Mexico U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.

            Hopkins, who is also known as Johnny Horton, Jr., is scheduled for arraignment on the indictment at 9:30 a.m. on April 29, 2019, before U.S. Magistrate Judge Karen B. Molzen in the Rio Grande courtroom of the federal courthouse in Albuquerque.  Hopkins also is scheduled for a detention hearing at the same time. 

The indictment charges Hopkins with knowingly possessing firearms and ammunition in San Juan County, N.M., in Nov. 2017, despite having been convicted of at least one of the following felony crimes, which were punishable by at least a year of imprisonment:  being a felon in possession of a firearm; impersonating a peace officer; and possession of a loaded firearm by a convicted felon.

Hopkins has been in custody since he was arrested by the FBI, with assistance from the Sunland Park Police Department, on April 20, 2019, in Sunland Park, N.M.

If convicted on the charge in the indictment, Hopkins faces a maximum statutory penalty of ten years of imprisonment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Farmington Resident Agency of the FBI with assistance from the Las Cruces Resident Agency of the FBI.  The Sunland Park (N.M.) Police Department assisted in the arrest operation.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict against Yusef Casanova 46, of Albuquerque, on methamphetamine trafficking and firearms charges today after a four-day trial before Senior U.S. District Judge James A. Parker.  The verdict was announced by First Assistant U.S. Attorney Fred J. Federici, Special Agent in Charge Monique Y. Villegas of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Special Agent in Charge Kyle Williamson of the DEA’s El Paso Division.

Casanova was charged with violating the federal narcotics and firearms laws in an indictment originally filed in June 2016, and later superseded in March 2017.  The superseding indictment charged Casanova with distributing methamphetamine on June 7, 2016, in Bernalillo County, N.M.  It also charged Casanova with being a felon in possession of a firearm and ammunition, and with unlawfully possessing an unregistered firearm.  According to the superseding indictment, in June 2016, Casanova was prohibited from possessing firearms or ammunition because he previously had been convicted of distributing controlled substances, escape from jail, tampering with evidence, robbery, and receiving or transferring a stolen vehicle.

Trial on the three-count superseding indictment began on April 22, 2019, and concluded this afternoon, when the jury returned a verdict of guilty on each of the three counts. 

            The evidence at trial established that in early June 2016, an ATF Special Agent was supervising an informant on an undercover operation in southeast Albuquerque that targeted narcotics and firearms crimes.  On June 6, 2016, the informant obtained a telephone number for Casanova, with the understanding that Casanova would sell him methamphetamine.  That day, the informant had four recorded telephone calls with Casanova, during which Casanova negotiated the sale of two ounces of methamphetamine and a firearm, a sawed-off rifle, to the informant.

On June 7, 2016, the informant had another recorded telephone call with Casanova during which they negotiated the price for the methamphetamine and the firearm – a $1250 for the drugs and $100 for the gun – and agreed to meet later that day to complete the deal.  When Casanova failed to show up at the agreed upon location, another meeting was arranged.  At the new location, the parking lot of an Albuquerque-area fast food restaurant, federal agents video-recorded Casanova as he met with an unidentified man before meeting with the informant to complete the drug and gun deal. 

The jury heard the testimony of the ATF Special Agent who supervised the informant, the DEA Special Agents who arranged for the methamphetamine to be tested at the DEA lab, and the ATF Special Agent who confirmed that the gun traveled in interstate commerce and was shorter than permitted by law.  The jury also heard the telephone recordings between Casanova and the informant, saw the videotape of the meeting during which Casanova sold the methamphetamine and gun to the informant, and saw the gun and ammunition that Casanova sold to the informant.

The jury deliberated less than two hours before returning the guilty verdict.

Casanova was remanded into the custody of the U.S. Marshals Service after the jury rendered its verdict and will remain detained until his sentencing hearing, which has not been scheduled.  At sentencing, Casanova faces a statutory mandatory minimum of ten years and a maximum of life imprisonment.

This case was investigated by the ATF and DEA offices in Albuquerque.  Assistant U.S. Attorneys Samuel A. Hurtado and Mark C. Pfizenmayer are prosecuting the case.

WOMAN FACING FEDERAL DRUG TRAFFICKING CHARGE ARISING

OUT OF DEA SEIZURE OF 18 POUNDS OF FENTANYL IN NEW MEXICO

            ALBUQUERQUE – A U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Daniela Cota-Guitimea, with a fentanyl trafficking offense.  The charge arises from a DEA seizure of approximately 18.144 pounds of fentanyl in Albuquerque on April 16, 2019.  Cota-Guitimea was remanded into custody pending trial based on judicial findings that she poses a risk of flight and a danger to the community.

            The DEA arrested Cota-Guitimea, 21, a U.S. citizen who resides in Mexico, after seizing approximately 8.10 gross kilograms (18.144 pounds) of fentanyl from Cota-Guitimea’s luggage during an interdiction investigation in Albuquerque.

            The penalty for a conviction on the offense charged in the criminal complaint is a statutory minimum penalty of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the DEA, and Assistant U.S. Attorney Matthew T. Nelson is prosecuting the case.

Charges Arise Out of Scheme to Defraud Bank in Deming, N.M.

            ALBUQUERQUE – A U.S. citizen residing in Honduras has been extradited to the United States, and transferred to the District of New Mexico, where he stands accused of bank fraud, wire fraud, and conspiracy charges arising out of a scheme to defraud a bank in southern New Mexico, as well as other financial institutions and individual investors.

            The Honduras Transnational Criminal Investigative Unit (TCIU) of Homeland Security Investigations (HSI) arrested Bruce Beckner, 56, on a federal indictment on March 7, 2019, at the San Pedro Sula airport in Honduras.  At the time of his arrest, Beckner had been a resident of Roatan, Honduras, for several years.  Beckner remained incarcerated in Honduras until Honduras approved his extradition on April 11, 2019, and he was transferred into U.S. custody on April 16, 2019.

Beckner was arrested by HSI Albuquerque on the night of April 16, 2019, at the Albuquerque International Sunport, after he was extradited and flown in from Tegucigalpa under escort by HSI Honduras.  Beckner made his initial appearance in federal court in Albuquerque, N.M., on April 17, 2019. 

This morning, Beckner was arraigned on the indictment, and entered a not guilty plea.  During this morning’s proceedings, Beckner waived his right to a detention hearing and was ordered detained pending trial.

The indictment alleges that, from 2000 to 2011, Beckner and a co-defendant, Arthur Herlihy, 70, of Santa Fe, N.M., engaged in a fraudulent scheme to develop a business plan and secure financing to renovate a truck stop in Deming.  It further alleges that Beckner obtained business loans by making misrepresentations; made false statements to induce investors to invest in the truck stop; and diverted substantial portions of those funds for his personal benefit.

Herlihy pled guilty in Feb. 2017, to making a false statement to a bank on a loan document, and was sentenced in Aug. 2017

If convicted on the charges in the indictment, Beckner faces the following maximum statutory penalties:  30 years of imprisonment on the bank fraud charge; 20 years of imprisonment on the wire fraud charge; and a maximum of 30 years of imprisonment on the conspiracy charge.  Charges in indictments are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The case was investigated by Homeland Security Investigations, IRS Criminal Investigation, and the Special Investigations Division of the New Mexico Office of the Attorney General.  Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case.  The U.S. Department of Justice’s Office of International Affairs, HSI Honduras TCIU, and HSI ICE Country Attaché in Honduras assisted with the extradition.

ALBUQUERQUE – Larry Mitchell Hopkins, who is also known as Johnny Horton, Jr., 69, of Flora Vista, N.M., has been charged in a criminal complaint with being a felon in possession of firearms and ammunition announced New Mexico U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.

            Hopkins was arrested on the morning of April 20, 2019, by the FBI in Sunland Park, N.M., with assistance from the Sunland Park Police Department.  He made his initial appearance on the criminal complaint in federal court in Las Cruces, N.M., before U.S. Magistrate Judge Gregory B. Wormuth this morning. 

            According to the criminal complaint, Hopkins unlawfully possessed nine firearms and ammunition in his residence in San Juan County, N.M., in Nov. 2017.  The complaint alleges that Hopkins was prohibited from possessing firearms or ammunition because he previously had been convicted of at least three felony offenses, including possessing a loaded firearm in the state of Michigan in 1996; being a felon in possession of a firearm in the state of Oregon in 2006; and impersonating a peace officer in the state of Oregon in 2006.

Hopkins remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled to be held at 9:30 a.m. on April 29, 2019, before U.S. Magistrate Judge Karen B. Molzen in the Rio Grande courtroom of the federal courthouse in Albuquerque.

If convicted on the charge in the criminal complaint, Hopkins faces a maximum statutory penalty of ten years of imprisonment.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a count of law.

This case was investigated by the Farmington Resident Agency of the FBI with assistance from the Las Cruces Resident Agency of the FBI.  The Sunland Park (N.M.) Police Department assisted in the arrest operation.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.

Former Priest Extradited from Morocco in September 2018 Found

Guilty of Sexually Abusing Child on Kirtland Air Force Base and Santa Fe

National Cemetery in 1991-1992; Prosecuted Under Project Safe Childhood

ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a guilty verdict against Arthur Perrault on federal child sexual abuse charges today after an eight-day trial before the U.S. District Judge Martha Vazquez.  The verdict was announced by U.S. Attorney John C. Anderson for the District of New Mexico, Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, and Special Agent in Charge Nicholas J. Dorval of the Air Force Office of Special Investigations (AFOSI), Detachment 814.

     The jury convicted Perrault, 81, a former Catholic priest who served in New Mexico under the Archdiocese of Santa Fe from 1973 to 1992, on an indictment charging him with six counts of aggravated sexual abuse and one count of abusive sexual contact with a minor under the age of 12.  Perrault was found guilty of repeatedly sexually abusing the minor victim in 1991 and 1992 while on federally-protected land, Kirtland Air Force Base in Bernalillo County, N.M., and the Santa Fe National Cemetery in Santa Fe County, N.M.

     In announcing the guilty verdict, U.S. Attorney Anderson said, “Though the quest for justice can sometimes be long and difficult, today’s jury verdict makes clear that courageous victims and the relentless efforts of law enforcement can, together, make justice a reality.  Despite the passage of many years, and Arthur Perrault’s efforts to evade justice and deny his victims their day in court, he has at long last been held accountable for his crimes.  Although today’s verdict cannot heal the wounds Perrault inflicted on his victims, I am hopeful that it will afford them some measure of validation and closure.”

     “The FBI’s goal in this case was to make sure justice was served, regardless how long it took or how many miles we had to travel to make it happen,” said FBI Special Agent in Charge Langenberg. “As the defendant faces the consequences of his crimes, we would like to thank the victim and the other witnesses for their courage in coming forward. I appreciate the hard work and cooperation of everyone involved in this case, including the FBI agents and staff, U.S. Attorney’s Office, Air Force Office of Special Investigations, and the Moroccan government and our Legal Attaché in that nation.”

     “This conviction is a major step on the path to healing and justice for Perrault’s victims,” said Special Agent in Charge Dorval of AFOSI Detachment 814.  “AFOSI is dedicated to finding and helping to remove these kinds of predators from the street in order to protect our Airmen, their families and our greater military communities.  We would like to express our sincerest thanks for the partnership and assistance of the FBI and the U.S. Attorney’s office.  Without their unwavering assistance, this case would not have come to fruition.”

     The evidence at trial established that Perrault, then an ordained Catholic priest, was in New Mexico in the late 1960s and early 1970s, teaching at a private Catholic high school in Albuquerque.  Years later, one of Perrault’s victims revealed being sexually assaulted by Perrault when he was a student at the school.  The trial evidence established that Perrault continued molesting adolescent boys in New Mexico for decades, until the early 1990s.

     Around 1990, Perrault, then a parish priest in an Albuquerque Catholic church, befriended a nine-year-old altar boy and began grooming the child by giving him gifts, taking him on field trips, and making him feel special.  The child, now a grown man identified as the John Doe victim in the indictment, testified about how Perrault’s affectionate hugs and kisses gradually progressed to regular acts of sexual assault and abuse, some of which took place at Kirtland Air Force Base and the Santa Fe National Cemetery, over the next two years.

     Seven other victims testified about being sexually abused by Perrault in 1960s, 1970s, and 1980s when they were children, each describing traumatic experiences similar to those experienced by John Doe.  The victims described how Perrault used his position as a priest to gain their trust and their parents’ trust, and how he abused that trust to sexually assault and abuse them.

     The jury also heard testimony from a psychologist, an expert on child sex abuse, who testified about delayed disclosure, and explained that it is common for victims of sexual abuse to delay disclosing the abuse, sometimes for decades, sometimes forever.  She explained how traumatic events affect memory and the ability of victims of child sex abuse to recall that abuse over time.  The psychologist discussed “grooming” – the process of building an emotional connection with a child and sometimes the child’s family to gain their trust for the purpose of sexual abuse.

     Other witnesses testified about Perrault’s admissions of child molestation, including an FBI Special Agent, a State Department employee, and one of the victim’s parents.  The evidence against Perrault included two letters he wrote; one in which he apologized to the mother of another victim, and the other in which he admitted molesting “teens.”

     The jury also learned that Perrault partially was responsible for the delay in bringing him to justice.  The evidence established that in 1992, Perrault fled from New Mexico, eventually settling in Morocco, after learning that some of his victims intended publicly to reveal that he had sexually abused them. 

     Moroccan law enforcement authorities arrested Perrault on Oct. 12, 2017, in Morocco at the request of the United States on a provisional arrest warrant issued based on the indictment, which was filed on Sept. 21, 2017.  Morocco ordered his extradition and the FBI assumed custody of Perrault from Moroccan authorities on Sept. 20, 2018, and transported him to the United States.  He has been in federal custody since that time.

     Perrault will remain in federal custody until his sentencing hearing, which has yet to be scheduled.  At sentencing, Perrault faces a statutory maximum penalty of a lifetime term of imprisonment on the aggravated sexual abuse charges, and a maximum penalty of 10 years of imprisonment on the abusive sexual contact charge.

     This case was investigated by the FBI Albuquerque office with assistance from the AFOIS Detachment 814.  The extradition of Perrault from Morocco was the result of close cooperation between these two investigating agencies, the U.S. Attorney’s Office for the District of New Mexico, the Morocco Ministry of Justice, Moroccan law enforcement authorities, the Justice Department’s Office of International Affairs, and the FBI Legal Attaché in Morocco. 

     Assistant U.S. Attorneys Sean J. Sullivan and Holland S. Kastrin are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. 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 sexually abuse children and exploit children via the Internet, as well as to identify and rescue victims.  For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Information about this prosecution is available at https://www.justice.gov/usao-nm/priest-prosecution.  Individuals may provide information about other conduct by Perrault by emailing the U.S. Attorney’s Office at usanm-priest@usdoj.gov or calling the FBI’s Albuquerque Division at 1-800-CALL-FBI.

ALBUQUERQUE – Troy Livingston, 18, an enrolled member of the Navajo Nation who resides in Breadsprings, N.M., made his initial appearance in federal court in Albuquerque, N.M., this morning on a criminal complaint charging him with murdering a Navajo woman with malice aforethought.  Livingston remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for April 9, 2019.

            The criminal complaint alleges that Livingston beat the victim to death with a flashlight and his feet at a residence Breadsprings, which is located in the Navajo Indian Reservation, on April 6, 2019.  According to the criminal complaint, the victim was Livingston’s girlfriend. 

If convicted of the charge in the criminal complaint, Livingston faces a statutory maximum sentence of life imprisonment.  Charges in criminal complaints are only accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law. 

The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney David P. Cowen is prosecuting the case.

ALBUQUERQUE – Joel Aguilar Villanueva, 42, of Las Cruces, N.M., made his initial appearances in federal court in Las Cruces this morning on a criminal complaint charging him with transporting child pornography in interstate or foreign commerce and possession of child pornography.  According to the criminal complaint, Villanueva is the principal of a middle school in Las Cruces public school system.  Villanueva remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for April 9, 2019.

          The investigation resulting in the charges against Villanueva began in Oct. 2018, when the National Center for Missing and Exploited Children received a tip that a certain Twitter account was being used to share videos of suspected child pornography.  The investigation revealed that the Twitter account allegedly was subscribed to Villanueva, who listed a Las Cruces-area apartment as his residence.  On April 3, 2019, law enforcement officers executed a state search warrant at the apartment, and seized an external hard drive that contained suspected child pornography.  Villanueva was arrested while the officers were executing the search warrant.   

          If convicted of the charges in the criminal complaint, Villanueva faces a statutory mandatory minimum of five years and a maximum of 20 years of imprisonment on the transportation of child pornography charge, and a maximum 20 years of imprisonment on the possession of child pornography charge.

          Charges in criminal complaints are only accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law. 

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

ALBUQUERQUE – Selma Morales, 55, of Lubbock, Tex., was sentenced today in federal court in Santa Fe, NM, to 24 months of imprisonment followed by three years of supervised release for her conviction on a wire fraud charge arising from a scheme to defraud her employer.  Morales also was ordered to pay $924,311 in restitution to her former employer.

            According to court records, from May 2009 through May 2015, Morales engaged in a scheme to defraud her former employer, a law firm headquartered in Lubbock with offices in Albuquerque, Hobbs and Las Cruces, NM, of more than $550,000, which she used for unauthorized personal charges and expenditures.  At the time, Morales was the law firm’s financial manager and bookkeeper.

            Morales pleaded guilty in Sept. 2017, and admitted abusing her position as a trusted, high-level employee who managed the law firm’s day-to-day finances to perpetuate her fraudulent scheme.  She acknowledged having access to the law firm’s bank accounts and credit cards in connection with her employment, and using the law firm’s credit cards to pay for personal expenses, including meals, groceries, car repairs, car and home insurance, property taxes, funeral expenses for a relative, clothing, sports apparel and equipment, designer products, jewelry, and plastic surgery.  She also used the law firm’s credit cards to pay for family vacations and travel (including trips to San Francisco, Calif., Seattle, Wash., and Las Vegas, Nev.), entertainment (including season tickets to college athletic events, concerts and NBA playoff tickets), apartment rental payments, and college tuition payments.  Morales also used her position as well as information about her employer to conceal her fraudulent activity.

            The case was investigated by the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorneys Margaret M. Vierbuchen and Brandon L. Fyffe.

ALBUQUERQUE – This morning a federal judge in Albuquerque, NM, sentenced Thomas M. Navaho, 26, an enrolled member of the Navajo Nation who resides in Shiprock, NM, to 51 months of imprisonment based on his previously entered guilty plea to an assault charge.

          Navaho was convicted of assaulting a Navajo man on April 27, 2018, on the Navajo Indian Reservation in San Juan County, N.M.  Court documents reflect that Navaho punched, kicked, choked, and threatening to kill the victim because he believed the victim called the police regarding a fight Navaho previously had with another person.  The victim sustained serious bodily injuries, including bleeding on the brain, a broken rib, lacerations requiring stitches and a wound to his left hand which became infected and required surgery, as the result of the assault.

           This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.

ALBUQUERQUE – Stephen Mendoza Arellano, 31, of Las Cruces, N.M., was sentenced today in federal court to a 71 month term of imprisonment followed by 15 years of supervised release based on his previously entered guilty plea to the offense of traveling in interstate commerce for the purpose of engaging in sexual contact with a minor.

           Arellano pled guilty on April 9, 2018, and admitted that in the early summer of 2017, he began to pursue a romantic relationship with the 15-year-old minor victim, whom he knew through the Apostolic Assembly Church and their families’ relationship.  He further admitted that in June 2017, he traveled from Las Cruces to El Paso, Texas, with the intent to engage in illicit sexual contact with the victim. 

           According to court records, at the time he committed the offense, Arellano was an ordained minister of the Apostolic Assembly Church and was serving as the Church’s District of New Mexico Youth President.  He was also a National Ordained Minister for the Apostolic Assembly Church, at the time, held the title of District of New Mexico Youth President, and was a member of the same church as the victim.  The child victim who was 15-years-old when he began contacting her.  HSI initiated the investigation into Arellano after receiving a report from the parents of Arellano’s victim.

           This case was investigated by the Las Cruces office of HSI and the Las Cruces Police Department.  The case was prosecuted by Assistant U.S. Attorneys Marisa A. Ong and Aaron O. Jordan 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/.

A federal grand jury sitting in Albuquerque, New Mexico returned a superseding indictment on March 13 charging Jany Leveille, 36, Siraj Ibn Wahhaj, 40, Hujrah Wahhaj, 38, Subhanah Wahhaj, 36, and Lucas Morton, 41, with federal offenses related to terrorism, kidnapping and firearms violations.  The announcement was made by Assistant Attorney General John C. Demers for the National Security Division, U.S. Attorney John C. Anderson for the District of New Mexico, Assistant Director Michael McGarrity of the FBI’s Counterterrorism Division and Special Agent in Charge James Langenberg of the FBI’s Albuquerque Field Office.

These defendants were previously charged by indictment on Sept. 11, 2018, with a conspiracy relating to the possession of firearms and ammunition by an alien illegally and unlawfully in the United States.  The original indictment also charged Leveille with possessing firearms and ammunition as an alien illegally and unlawfully in the United States.

The superseding indictment charges all of the defendants with participating in a conspiracy from October 2017 to August 2018 to provide material support and resources, including currency, training, weapons, and personnel, knowing and intending that they were to be used in preparation for and in carrying out attacks to kill officers and employees of the United States, in violation of 18 U.S.C. § 2339A.

“The indictment alleges that the defendants conspired to provide material support in preparation for violent attacks against federal law enforcement officers and members of the military,” said Assistant Attorney General Demers.  “Advancing beliefs through terror and violence has no place in America, and the National Security Division continues to make protecting against terrorism its top priority.”

“The superseding indictment alleges a conspiracy to stage deadly attacks on American soil,” said U.S. Attorney John C. Anderson.  “These allegations remind us of the dangers of terrorism that continue to confront our nation, and the allegation concerning the death of a young child only underscores the importance of prompt and effective intervention by law enforcement.  I commend the FBI, DHS, ATF, Taos County Sheriff’s Office, and the Eighth Judicial District Attorney’s Office for their ongoing diligence and outstanding work in identifying and disabling imminent threats of targeted violence. ” 

“The defendants in this case allegedly were preparing for deadly attacks and their targets included law enforcement and military personnel, the very people who are committed to protecting all of us,” said Assistant Director McGarrity.  “We will continue to work with our law enforcement partners to uncover and put a stop to acts of terrorism.”

“During this lengthy and complex investigation, the safety of the community as well as that of the children at the Amalia compound has been our priority,” said Special Agent in Charge Langenberg.  “Cases such as these sometimes take a while, but the FBI will never give up until justice is done.”

 As alleged in the superseding indictment, these defendants conspired to provide material support in preparation for violent attacks against officers and employees of the United States.  According to the superseding indictment, Siraj Ibn Wahhaj and Hujrah Wahhaj gathered firearms and ammunition, and all of the defendants transported people, firearms, and ammunition across state lines and constructed a training compound where they stored firearms and ammunition.  The superseding indictment further alleges that Siraj Ibn Wahhaj and Morton constructed and maintained a firing range at the compound where they engaged in firearms and tactical training for other compound occupants, and that Leveille and Morton attempted to recruit others to their cause.

The superseding indictment also charges Leveille, Siraj Ibn Wahhaj, and Morton with conspiring to attack and kill officers and employees of the United States, in violation of 18 U.S.C. § 1117.  It was a part and an object of the conspiracy that the defendants would kill officers and employees of the United States, specifically, Federal Bureau of Investigation employees, government officials, and military personnel. 

The superseding indictment also charges Leveille, Hujrah Wahhaj, Subhanah Wahhaj, and Morton with kidnapping and conspiracy to commit kidnapping.  According to the superseding indictment, they kidnapped a child under the age of eighteen in Georgia and transported the child to New Mexico, where they concealed and held the child, resulting in the child’s death.

The superseding indictment also includes the charges from the original indictment.  All of the defendants are currently in custody awaiting trial.  

Indictments are only accusations.  Defendants are presumed innocent unless proven guilty in a court of law.

The Albuquerque Division of the Federal Bureau of Investigation investigated this case, with the assistance of the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Taos County Sheriff’s Office, and the Eighth Judicial District Attorney’s Office.  The prosecution of the case is being handled by Assistant U.S. Attorneys George C. Kraehe and Kimberly A. Brawley and Trial Attorneys Troy A. Edwards, Jr. and David Cora of the National Security Division’s Counterterrorism Section.

New Mexico residents Antoine Mitchell, Moses D. Dickens III, and Christopher Dominguez, were all sentenced in a Cheyenne federal court recently after pleading guilty to crimes related to a violent crime spree that included armed pharmacy robberies in Wyoming and New Mexico.

On October 6, 2016, the three men, disguised in ski masks, kidnapped a woman at gunpoint in Wheatland, Wyoming, and dropped her at a remote location west of Wheatland before driving her Ford Edge and their own car to the Medicap Pharmacy in Cheyenne, Wyoming. There, again disguised, they fired shots and demanded painkillers, including OxyContin and Oxycodone. After exchanging gunfire with the pharmacist, the robbers fled in the Ford Edge, abandoned it shortly thereafter, and left Wyoming in their own car.

Despite a detailed and thorough investigation by the Cheyenne Police Department, the crimes in Wyoming went unsolved until December 3, 2016, when Mitchell, Dickens, and Dominguez robbed another pharmacy at gunpoint in Raton, New Mexico, fleeing with OxyContin, Morphine, Promethazine, cough syrup, and Ketamine. After a high-speed chase with the Raton Police Department, the three men were apprehended and charged in federal court in New Mexico.

In a joint effort by the Federal Bureau of Investigation in Wyoming, the Platte County Sheriff’s Office, the Wheatland Police Department, the Cheyenne Police Department, the Wyoming State Crime Laboratory, and with the courageous assistance of the victims in Wyoming, Mitchell, Dickens, and Dominguez were linked to their crimes in Wheatland and Cheyenne. They were charged in federal court in Wyoming.

Eventually, both the Wyoming and New Mexico cases were consolidated before Federal Judge Nancy D. Freudenthal in Wyoming. Pursuant to a plea agreement with the United States Attorney’s Offices in New Mexico and Wyoming, Dickens, Dominguez, and Mitchell all entered pleas related to the carjacking and pharmacy robberies. Mitchell and Dickens received sentences of 35 years in prison. Dominguez will serve 28 years.

"This case is an outstanding representation of how close cooperation between federal and local law enforcement agencies across two states can put violent criminals and drug dealers behind bars," said Wyoming U.S. Attorney Mark Klaassen. "It is a perfect example of the kind of case that our President, our Attorney General, and the U.S. Attorney’s Offices in Wyoming and New Mexico are targeting to reduce violent crime and address the opiate epidemic in our respective communities. Here, we combined the resources of local, state, and federal law enforcement agencies and prosecutors’ offices across two states to find the most effective way to investigate and prosecute these violent actors, and to bring justice to the victims of violent crime, which is the mandate of the Department of Justice’s Project Safe Neighborhood initiative. I also want to highlight in particular the courage or the victims of these crimes in Wyoming. Without their assistance, these criminals may never have been accountable for their violent crimes here."

"Today’s sentencing of Antione Mitchell and the recent sentencings of Moses Dickens III and Christopher Dominguez illustrate the FBI’s commitment to work with its law enforcement partners to address violent crime in our community," said FBI Special Agent in Charge Dean Phillips. "This investigation was truly a collaborative multi-state effort between local and federal law enforcement. The community is safer with these individuals behind bars. And we are confident Mitchell, Dickens, and Dominguez’s sentencings sends a message to those involved in acts of violence that they will be aggressively investigated and prosecuted to the full extent of the law."

ALBUQUERQUE – Ten people are facing federal drug trafficking charges in New Mexico following an 11-month investigation led by the Drug Enforcement Administration and the Lea County Drug Task Force.

      Teams of federal, state, county, and local law enforcement officers conducted a major law enforcement operation on Thursday leading to the arrest of 5 defendants from New Mexico, Arizona, California, and Texas, and the execution of federal search warrants at residences in La Luz and Hobbs, New Mexico.  Officers arrested another defendant on February 5, 2019, and two defendants on February 6, 2019.  A grand jury previously indicted all of the defendants.  During the course of the investigation, law enforcement authorities seized approximately 53 kilograms of methamphetamine, 354 grams of heroin, and 20 firearms. 

      “This investigation exemplifies the cooperation among law enforcement agencies necessary to combat large-scale drug traffickers in our state,” said U.S. Attorney John C. Anderson.  “We are committed to dismantling these criminal organizations from the highest levels down.”

      “The trafficking and abuse of methamphetamine destroys lives,” said Special Agent in Charge Kyle W. Williamson of DEA’s El Paso Division.  “Through this investigation, DEA and our federal, state and local law enforcement partners have dismantled an organization responsible for trafficking significant quantities of methamphetamine, other dangerous drugs, and firearms in Hobbs and other communities. With these arrests and seizures, we are sending a strong, unified message that such criminal activity will not be tolerated, and that those who threaten the health and safety of our communities will be brought to justice.”

       “All agencies involved worked well together and it is shown in the results of the investigation,” said Lea County Drug Task Force Commander Sean Roach.  “This case will have a major impact on the methamphetamine trafficking in Lea County.   This investigation took many man hours and effort but in the end it all pays off to see the impact made in our communities.”

      “This operation is proof that when law enforcement agencies work together, anything can be accomplished,” said Lea County Sheriff Corey Helton.  “The multiple agencies worked seamlessly to apprehend major players in methamphetamine trafficking in our state.  I am proud of all the men and women who worked countless hours on this case.”

       The defendants in the case are Luis Batista-Felix, 47, of Phoenix, Ariz., Edwin Cervantes, 27, of Los Angeles, Cal., Patricia Chihuahua, 37, of Hobbs, N.M., Maria Dominguez, 41, of Jal, N.M., Ricardo Hernandez, 44, of Hobbs, N.M., Diane Medrano, 43, of La Luz, N.M., Isaac Miranda, 22, of El Paso, Tex., Abraham Navarrette, 59, of Hobbs, N.M., Anita Rios, 45, of Lovington, N.M., and Beatrice Sandoval, 39, of Hobbs, N.M.  All of these defendants have been arrested except for Hernandez and Rios.

       All of these defendants face charges of conspiracy to distribute controlled substances, including methamphetamine.  All defendants except Dominguez face a penalty of from 10 years to life in prison if convicted of this offense.  Dominguez, if convicted, faces a penalty of from 5 years to 40 years in prison.  Medrano also is charged with engaging in a conspiracy to export firearms to Mexico.  Medrano faces a penalty of up to 5 years in prison if convicted of this offense.   Some defendants also face additional charges.  Charges in indictments are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

      This case was investigated by the DEA, Lea County Drug Task Force, Chaves County Metro Narcotics Task Force, Pecos Valley Drug Task Force, United States Marshals Service, U.S. Border Patrol, Homeland Security Investigations, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, Bureau of Indian Affairs, United States Postal Inspection Service, Internal Revenue Service, New Mexico State Police, Lea County Sherriff’s Office, and Hobbs Police Department.  Other law enforcement agencies also provided assistance, including the Jal Police Department, Eunice Police Department, Lovington Police Department, Carlsbad Police Department, and the Eddy County Sheriff’s Office. 

      These agencies conducted this investigation as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  The U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Ten people are facing federal drug trafficking charges in New Mexico following an 11-month investigation led by the Drug Enforcement Administration and the Lea County Drug Task Force.

            Teams of federal, state, county, and local law enforcement officers conducted a major law enforcement operation on Thursday leading to the arrest of 5 defendants from New Mexico, Arizona, California, and Texas, and the execution of federal search warrants at residences in La Luz and Hobbs, New Mexico.  Officers arrested another defendant on February 5, 2019, and two defendants on February 6, 2019.  A grand jury previously indicted all of the defendants.  During the course of the investigation, law enforcement authorities seized approximately 53 kilograms of methamphetamine, 354 grams of heroin, and 20 firearms. 

            “This investigation exemplifies the cooperation among law enforcement agencies necessary to combat large-scale drug traffickers in our state,” said U.S. Attorney John C. Anderson.  “We are committed to dismantling these criminal organizations from the highest levels down.”

            “The trafficking and abuse of methamphetamine destroys lives,” said Special Agent in Charge Kyle W. Williamson of DEA’s El Paso Division.  “Through this investigation, DEA and our federal, state and local law enforcement partners have dismantled an organization responsible for trafficking significant quantities of methamphetamine, other dangerous drugs, and firearms in Hobbs and other communities. With these arrests and seizures, we are sending a strong, unified message that such criminal activity will not be tolerated, and that those who threaten the health and safety of our communities will be brought to justice.”

            “All agencies involved worked well together and it is shown in the results of the investigation,” said Lea County Drug Task Force Commander Sean Roach.  “This case will have a major impact on the methamphetamine trafficking in Lea County.   This investigation took many man hours and effort but in the end it all pays off to see the impact made in our communities.”

            “This operation is proof that when law enforcement agencies work together, anything can be accomplished,” said Lea County Sheriff Corey Helton.  “The multiple agencies worked seamlessly to apprehend major players in methamphetamine trafficking in our state.  I am proud of all the men and women who worked countless hours on this case.”

            The defendants in the case are Luis Batista-Felix, 47, of Phoenix, Ariz., Edwin Cervantes, 27, of Los Angeles, Cal., Patricia Chihuahua, 37, of Hobbs, N.M., Maria Dominguez, 41, of Jal, N.M., Ricardo Hernandez, 44, of Hobbs, N.M., Diane Medrano, 43, of La Luz, N.M., Isaac Miranda, 22, of El Paso, Tex., Abraham Navarrette, 59, of Hobbs, N.M., Anita Rios, 45, of Lovington, N.M., and Beatrice Sandoval, 39, of Hobbs, N.M.  All of these defendants have been arrested except for Hernandez and Rios.

            All of these defendants face charges of conspiracy to distribute controlled substances, including methamphetamine.  All defendants except Dominguez face a penalty of from 10 years to life in prison if convicted of this offense.  Dominguez, if convicted, faces a penalty of from 5 years to 40 years in prison.  Medrano also is charged with engaging in a conspiracy to export firearms to Mexico.  Medrano faces a penalty of up to 5 years in prison if convicted of this offense.   Some defendants also face additional charges.  Charges in indictments are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

            This case was investigated by the DEA, Lea County Drug Task Force, Chaves County Metro Narcotics Task Force, Pecos Valley Drug Task Force, United States Marshals Service, U.S. Border Patrol, Homeland Security Investigations, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, Bureau of Indian Affairs, United States Postal Inspection Service, Internal Revenue Service, New Mexico State Police, Lea County Sherriff’s Office, and Hobbs Police Department.  Other law enforcement agencies also provided assistance, including the Jal Police Department, Eunice Police Department, Lovington Police Department, Carlsbad Police Department, and the Eddy County Sheriff’s Office. 

            These agencies conducted this investigation as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  The U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE –Josephine Gervais, 39, of Albuquerque, N.M., appeared in federal court today on a charge of malicious damage by fire to federal property. 

     According to court documents, Gervais committed the offense on January 31, 2019, by setting fire to a sign and vegetation outside the FBI office in Albuquerque.  Albuquerque Fire and Rescue responded to the scene and put out the fire.  Gervais fled the scene.  Agents arrested her at her home later the same day.

     Gervais faces from 5 to 20 years in prison if convicted.   Allegations in indictments are only accusations. A criminal defendant is presumed innocent unless proven guilty beyond a reasonable doubt.

      The Albuquerque office of the FBI investigated the case with assistance from Albuquerque Fire and Rescue.  Assistant U.S. Attorney Howard R. Thomas is prosecuting the case.

ALBUQUERQUE – Ryan Thompson, 32, of Tohatchi, N.M., pleaded guilty today in federal court to charges of kidnapping and aggravated sexual abuse in Indian Country. 

           According to court documents, Thompson, an enrolled member of the Navajo Nation, kidnapped a woman and child from a gas station in Gallup on November 15, 2017.  He drove them to another location and forced the woman to drink alcohol. When Thompson briefly left the area, the woman tried to escape by driving way.  Thompson stopped her, pulled her out of the car, and beat her. 

            Thompson sexually abused the woman in front of the child.  He also threatened to kill the woman and child.  Thompson held them in his car overnight before taking them to a home where they stayed another night.  On November 17, 2017, Thompson stole property from another residence.  At that time, the woman drove away in her car with the child.  She encountered police a short time later.  Emergency responders took her to the hospital for treatment of her injuries, including a broken nose.

            At sentencing, Thompson faces from 15 to 20 years in prison.  The Gallup Resident Agency of the FBI investigated this case with assistance from the Navajo Nation Police Department.  Assistant U.S. Attorney Joseph Spindle is prosecuting the case.         

ALBUQUERQUE – Federal law enforcement officials have announced charges against five men and two businesses for conspiracy, smuggling goods into the United States, and misrepresentation of Indian produced goods and products.  The charges, which are contained in a five-count indictment, arise from a multi-year scheme to import Native American-style jewelry, arts, and crafts into the United States from the Philippines and sell these goods to customers based on false representations that the merchandise was made by Native Americans.

            According to the indictment, which was returned on December 19, 2018, Sterling Islands Inc., located in Albuquerque, N.M., imported Native American-style goods from a factory in the Philippines.  These goods were not indelibly marked with the country of origin as required by customs law.  The indictment alleges that Jawad Khalaf, 70, of Albuquerque, N.M., is the owner and president of Sterling Islands Inc.  Nader Khalaf, 41, of Albuquerque, N.M., is a manager. 

            As alleged, Al-Zuni Global Jewelers, Inc., a wholesale business in Gallup, N.M., received these illegally imported goods and distributed them to customers.  Nashat Khalaf, 71, of Gallup, N.M., is the owner and president of Al-Zuni Global Jewelers, Inc.  Zaher Mostafa, 51, of Gallup, N.M., is a manager. 

            The indictment further charges that on or about August 3, 2012, Nader Khalaf sent an email message to the Philippines ordering Native American-style canteens.  This email included a note from Mostafa requesting production.  On or about November 24, 2014, Mostafa sold canteens to a customer that he represented as made by Navajo when the canteens were actually made in the Philippines.

            As alleged, on or about July 23, 2013, Nader Khalaf processed an order from Taha Shawar, 47, of Breckenridge, Colo., for jewelry stamped “E.Y.”  On August 5, 2014, Shawar sold a necklace stamped “E.Y.” to customers, claiming the necklace was made by an actual Navajo artist with those initials.

            “Native Americans make tremendous contributions to the cultural and artistic heritage of our nation,” said New Mexico U.S. Attorney John C. Anderson.  “This case demonstrates the Justice Department’s commitment to preserving and protecting the rich culture and heritage of New Mexico’s Pueblos and Tribes while promoting confidence in New Mexico’s native art market.”

            The U.S. Fish and Wildlife Service is committed to safeguarding the rich culture, art and heritage of Native Americans," said Edward Grace, Acting Assistant Director of the Office of Law Enforcement for the U.S Fish and Wildlife Service. "We will continue to hold to account those who would attempt to sell fraudulent Indian art and craftwork in order to further their business dealings. We thank the U.S. Attorney's Office, Federal Bureau of Investigation, Homeland Security Investigations, U.S. Marshals Service, Drug Enforcement Administration, New Mexico Department of Game and Fish, and Indian Arts and Crafts Board for their assistance with this case."   

            “People from all over the country come to New Mexico to buy Native American jewelry, and they expect the real thing,” said Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division.  “When it's not, not only are they cheated, but so are the Native American artists who work hard to preserve their heritage.  The FBI and our partners are committed to vigorously investigating and prosecuting the counterfeiters who would threaten one of our country's most precious cultural resources.”

            “HSI special agents will continue to use their full authority to pursue the criminal organizations responsible for exploiting our tribal lands and cultural patrimony,” said Jack P. Staton, Special Agent in Charge of HSI El Paso.  “HSI’s unique cross-border authority is vital to the success of these investigations and we will continue to work with our federal, tribal, state, and local law enforcement partners to protect the Native American heritage of the pueblos and tribes in New Mexico.” 

            “The Indian Arts and Crafts Board is charged by statute to protect federally recognized American Indian and Alaska Native artists and their creative work through the Indian Arts and Crafts Act, thereby promoting tribal economies and preserving American Indian and Alaska Native cultural traditions,” said Indian Arts and Crafts Board Director Meridith Stanton.  “The Indian Arts and Crafts Board commends the Office of the U.S. Attorney in the District of New Mexico and the U.S. Fish and Wildlife Service Office of Law Enforcement for their outstanding work on the Al Zuni Indian Arts and Crafts Act investigation to protect the integrity and vitality of authentic Indian art.  This is particularly important in New Mexico, which relies on the creation and sale of authentic Indian art and craftwork as an important tourist draw and economic engine.” 

            The defendants face a maximum of 20 years in prison if convicted of the conspiracy and smuggling offenses.  They face up to 5 years in prison if convicted of misrepresentation of Indian produced goods and products. 

            Allegations in indictments are only accusations. Criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

            This investigation was led by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service with assistance from the Albuquerque Division of the FBI, Homeland Security Investigations, the Indian Arts and Crafts Board, the Drug Enforcement Administration, the U.S. Marshals Service, and the New Mexico Department of Game and Fish.  Assistant U.S. Attorneys Sean J. Sullivan, Kristopher N. Houghton, and Brandon L. Fyffe are prosecuted the case. 

ALBUQUERQUE – Cordelia Louisa Espinosa, 52, of Albuquerque, N.M., was sentenced in federal court today to 36 months in prison for conspiracy and distribution of at least 50 grams of methamphetamine. 

            According to court documents, Espinosa participated in a methamphetamine trafficking conspiracy from the beginning of April 2015 to February 9, 2017.  As part of the conspiracy, she participated in a drug transaction in Albuquerque on December 7, 2016.  Espinosa gave a gift bag containing approximately 553 grams of methamphetamine to another drug trafficker, who then gave the bag to an undercover law enforcement officer posing as a drug purchaser.  On February 9, 2017, Espinosa participated further in the conspiracy by coordinating a drug transaction by telephone involving more than 14 kilograms of methamphetamine. 

            The indictment against Espinosa also charged three co-defendants.  On January 3, 2019, Hector Hugo Magana, 35, of Redwood City, California, received a sentence of 70 months in prison after pleading guilty to distribution of 500 grams or more of methamphetamine. 

              On July 3, 2018, Efrain Espinoza-Pena, 45, of Mexico, pleaded guilty to conspiracy, distribution of at least 50 grams of methamphetamine, and possession with intent to distribute at least 50 grams of methamphetamine.    On September 13, 2018, Edgar Madrid-Rascon, 33, of Mexico, pleaded guilty to distribution of 500 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.  Both of these co-defendants are awaiting sentencing.

            The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with assistance from the Drug Enforcement Administration, the New Mexico State Police, and Immigration and Customs Enforcement.  Assistant U.S. Attorneys Paul J. Mysliwiec and David Cowen prosecuted the case. 

ALBUQUERQUE – Jackie Herron, 25, of Albuquerque, N.M., was sentenced in federal court today to 24 months in prison on three counts of assault on a federal employee involving the use of a deadly weapon.   

            According to court documents, Herron was involved in a confrontation with postal service workers in a gated, restricted parking lot for employees only.  When postal workers told her to leave, she revved the engine of her automobile and threatened to run them over.  When one of the postal workers went behind her car to take photographs of Herron’s license plate, she pulled out a gun and pointed it at them in a threatening manner.

            The Albuquerque office of the United States Postal Inspection Service investigated the case.  Assistant U.S. Attorneys Paul J. Mysliwiec and Eva Mae Fontanez prosecuted the case.       

ALBUQUERQUE – Thomas Abeyta, 35, of Alamo, N.M., made an initial appearance in federal court today on charges of aggravated sexual abuse in Indian Country. 

            According to a criminal complaint, Abeyta physically assaulted the victim at a residence on January 25, 2019.  Abeyta injected the victim with a substance and sexually abused her over the course of several hours.  The victim later went to the hospital for treatment of her injuries.  Hospital staff reported the matter to law enforcement.  Investigators have not confirmed the nature of the substance Abeyta injected into the victim.

            If convicted, Abeyta faces up to life in prison.  Charges in criminal complaints are merely accusations.  Defendants are presumed innocent unless found guilty in a court of law.

            The Albuquerque office of the FBI investigated this case with assistance from the Navajo Nation Police Department.  Assistant U.S. Attorney Frederick Mendenhall is prosecuting the case.          

ALBUQUERQUE – Kirby Cleveland, 35, an enrolled member of the Navajo Nation from Prewitt, New Mexico, pleaded guilty in federal court yesterday to second-degree murder for killing Houston James Largo, a tribal police officer for the Navajo Nation.

           Cleveland pleaded guilty to an information charging him with killing Largo, with malice aforethought, in McKinley County, New Mexico, on March 11, 2017.  According to public court records, Cleveland became drunk and angry while at home with his common law wife and children.  His common law wife called the police and Officer Largo responded to the home.  Cleveland went outside carrying a rifle and shot Largo in the head, killing him.  Cleveland then went back inside the house where he admitted shooting an officer before fleeing the scene.  State, local, and tribal law enforcement conducted a large-scale search for Cleveland and located him the next morning hiding under a rock about 1.5 miles away.

           Cleveland is currently in custody awaiting sentencing currently scheduled for March 20, 2020.  He faces up to life in prison for second-degree murder. 

           Cleveland also pleaded guilty to violating the terms of his supervised release from a previous assault conviction involving an attack on a woman with a baseball bat.  Cleveland failed to abstain from alcohol and complete a residential reentry program as ordered by the court.  He faces up to two years in prison for this offense

           The Gallup and Albuquerque offices of the FBI and the Crownpoint, Shiprock and Chinle offices of the Navajo Nation Department of Public Safety investigated this case with assistance from the New Mexico State Police, McKinley County Sheriff’s Office, Albuquerque Police Department and Burlington Northern Santa Fe Railroad.  Assistant U.S. Attorneys Joseph M. Spindle and Jeremy Peña are prosecuting the case.

The Department of Justice announced today the repatriation of an Acoma Shield and several other important items of historical and cultural significance to the Pueblo of Acoma and its members. 

U.S. Attorney John C. Anderson for the District of New Mexico participated in a repatriation ceremony earlier today with Special Agent Franklin Chavez of the Bureau of Indian Affairs and Governor Kurt Riley of the Pueblo of Acoma.  Other federal and tribal officials and community members also attended the event at the Sky City Cultural Center and Haak’u Museum. 

“The Department of Justice is committed to enforcing federal laws that preserve the historical, cultural, and religious heritage of Native Americans,” said Acting Attorney General Matthew G. Whitaker.  “This commitment includes ensuring sacred objects like the Acoma Shield are returned to their rightful owners.  Today’s announcement further demonstrates the Justice Department’s dedication to the safety, prosperity, and wellbeing of American Indian and Alaska Native people.”

BIA recovered the shield that was repatriated today after learning that it was offered for sale online by an art gallery in Montana.  Acoma Pueblo war shields are sacred pieces of cultural patrimony that date back hundreds of years and are at the heart of Acoma Pueblo’s heritage and identity.  Items such as the war shield are used for ceremonial purposes and are closely kept among traditional leaders of the Pueblo community.     

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law intended to return unlawfully obtained human remains and cultural objects to their Native American homelands. The U.S. Attorney’s Office and the BIA-Office of Justice Services Cultural Resources Division are dedicated to stemming the loss and trafficking of cultural patrimony by investigating and enforcing the NAGPRA. 

“Today, we celebrate the return of several items of cultural patrimony to their true owners: the Pueblo of Acoma,” said U.S. Attorney Anderson.  “Our ability to return these items is the result of years of hard work.  The Bureau of Indian Affairs, through Special Agent Frank Chavez’s dedicated efforts, discovered these sacred and historic items, and we, at the U.S. Attorney’s Office, are proud to partner with BIA in facilitating their return. Sadly, we all too often find sacred, religious, and culturally significant items being sold at art markets, flea markets and in galleries. In keeping with federal law, we will continue to do everything in our power to locate such objects and deliver them to their rightful homes.”

“I thank the Pueblo of Acoma for their due diligence in locating and reporting these precious objects to BIA and DOJ.  I want to acknowledge the voluntarily actions of those individuals who returned the items in their possession once they learned of the cultural significance to the Pueblo of Acoma tribal community,” said Assistant Secretary for Indian Affairs Tara Sweeney.  “The proactive work demonstrated by Special Agent Chavez in working closely with all involved makes us proud.”

"We have raised our voices internationally, in the halls of Congress and the legislative chambers here in New Mexico, drawing attention to the longstanding epidemic of theft, looting, and trafficking of our sacred items – all in violation of tribal and federal law. During the 2015 attempted sale of an Acoma Shield by the Eve Auction house in Paris, France, the Pueblo also identified a similar shield and other sensitive cultural items being sold here in the United States.  The amount of resources and energy, the Pueblo of Acoma has expended in this matter is a reflection of the seriousness with which we treat the protection of items uniquely distinct to our culture. That is why when U.S. Attorney Anderson informed us that these items of cultural patrimony, including another Acoma Shield, were coming home -- our hearts were overjoyed," said Governor Kurt Riley.

ALBUQUERQUE – Patrick Moquino, 39, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 21 months in prison followed by 3 years of supervised release for his conviction on an assault charge.

            On June 13, 2018, Moquino pled guilty to assault resulting in serious bodily injury.   He admitted assaulting an Apache man on March 14, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M., by punching and kicking the victim while the victim was lying on the ground.  Moquino further admitted that the victim suffered a fractured nose and head trauma as the result of the assault.

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

ALBUQUERQUE – Lawrence Marquez, 39, of Albuquerque, N.M., was sentenced today in federal court to 88 months in prison followed by three years of supervised release for heroin trafficking and firearms charges. 

Marquez pled guilty on Aug. 28, 2018 to one count of distribution of heroin and one count of using and carrying a firearm during and in relation to a drug trafficking crime.  He admitted that he possessed a firearm when he sold heroin on Feb. 23, 2017, in Albuquerque.

This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations.  Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the case as part of the Department of Justice’s commitment, in partnership with other law enforcement agencies, to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis. 

ALBUQUERQUE – Bentley Streett, 42, of Albuquerque, N.M., pled guilty this morning in federal court to interstate travel to engage in illicit sexual conduct with a minor, child exploitation and child pornography charges. 

According to court documents, Streett was arrested in Oct. 2014, by the FBI and the Bernalillo County Sheriff’s Office (BCSO) on federal child exploitation charges.  The investigation into Streett began in Oct. 2013, after the National Center for Missing and Exploited Children forwarded a tip to the New Mexico Internet Crimes Against Children (ICAC) Task Force. 

During today’s proceedings, Streett pled guilty to interstate travel to engage in illicit sexual conduct with a minor, two counts of production of visual depictions of minors engaged in sexually explicit conduct also known as child pornography, three counts of attempted production of child pornography, distribution of child pornography and possession of child pornography.

In entering the guilty plea, Streett admitted that between July 31, 2013, and Aug. 4, 2013, he traveled from Albuquerque to Sycamore, Ill., for the purpose of engaging in sexual conduct with a 14-year- old victim.  Streett also admitted that from May 2013 through at least Feb. 2014, he attempted to persuade minors to produce child pornography and send the images to him and sent one of those minors different images of child pornography.  Streett admitted that he saved multiple images of child pornography on his laptop.

At sentencing, Streett faces a statutory mandatory minimum of 15 years and a maximum of 30 years in federal prison.  Streett also will be required to register as a sex offender. 

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

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

ALBUQUERQUE – Justin Jr Watchman, 26, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to bank robbery.  Watchman entered the guilty plea without the benefit of a plea agreement.

The FBI arrested Watchman in Aug. 2018, for robbing the First Convenience Bank located inside the Walmart at 4600 East Main Street in Farmington on Aug. 17, 2018, by handing the bank teller a note demanding money.  Farmington Police Department (FPD) officers located Watchman later that same day.    At the time of arrest, he possessed a video game system still in the manufacturer’s box and a one-way bus ticket.  

Watchman will remain in custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Watchman faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. 

This case was investigated by the Albuquerque office of the FBI and the FPD. Assistant U.S. Attorney Howard Thomas is prosecuting the case.

ALBUQUERQUE – Ryan Schorr, 28, of Albuquerque, N.M., pled guilty today in federal court to robbing two branches of US Bank in New Mexico in Sept. and Oct. 2017.

The FBI arrested Schorr in April 2018, for robbing the US Bank located at 2015 Eubank Blvd on Sept. 21, 2017, and robbing the US Bank located at 3801 Isleta Blvd on Oct. 3, 2017.  According to court documents, Schorr robbed both banks by giving a handwritten note to the bank teller stating that he had a gun and was demanding money.  FBI agents located Schorr with the help of witnesses who were able to identify Schorr in security camera footage taken at both bank robberies.

Schorr will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Schorr faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. 

This case was investigated by the Albuquerque office of the FBI. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.