District of New Mexico

ALBUQUERQUE – Eric Multine, 33, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for unlawfully possessing a firearm and ammunition, and discharging a firearm near a school.  Multine will be on supervised release for three years after completing his prison sentence.

The FBI arrested Multine on Dec. 26, 2017, on a criminal complaint charging him with being a felon in possession of a firearm on Dec. 20, 2017, on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, officers of the Navajo Nation Division of Public Safety (NNDPS) responded to a shots fired call for service near an elementary school on the Navajo Indian Reservation on Dec. 20, 2017.  The NNDPS officers arrested Multine on tribal charges and found a firearm in his pocket incident to the arrest.  Multine was federally charged after it was determined that he was prohibited from possessing a firearm or ammunition because of his prior conviction for possessing a firearm during and in relation to a crime of violence.

On March 16, 2018, Multine pled guilty to a two-count felony information charging him with being a felon in possession of a firearm and ammunition and with discharging a firearm in a school zone.  In entering the guilty plea, Multine admitted being unlawfully in possession of a firearm and ammunition on Dec. 20, 2017, despite his status as a convicted felon.  Multine also admitted discharging the firearm within 1,000 feet of an elementary school. 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the NNDPS.  Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.

ALBUQUERQUE – Timothy Gregg Enjady, 54, 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 18 months in prison for his conviction on an assault charge.  Enjady will be on supervised release for two years after completing his prison sentence.

The BIA arrested Enjady in Aug. 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on June 7, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M.  According to the complaint, Enjady assaulted the woman by hitting her in the face with his fist, hitting her with an object, and placing his thumb in her eye.

Enjady was indicted on Jan. 17, 2018, and was charged with assault with a dangerous weapon, an aluminum crutch, with intent to do bodily harm. 

On May 1, 2018, Enjady pled guilty to the indictment, and admitted that on June 7, 2017, he assaulted the victim by striking her in the face and head with an aluminum crutch.  Enjady further admitted that the victim suffered facial contusions, head lacerations, and a corneal abrasion 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 was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – Cody Payton, 25, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with fleeing from a U.S. Border Patrol checkpoint at a high rate of speed.  Payton remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for Oct. 22, 2018.

Border Patrol agents arrested Payton in the early hours of Oct. 15, 2018, after he entered and allegedly fled from the U.S. Border Patrol checkpoint on Interstate 25 in Doña Ana County, N.M.  According to the criminal complaint, after Payton drove into the checkpoint, Border Patrol agents directed him to a secondary inspection area based on Payton’s allegedly unusual behavior and hesitant responses while in the checkpoint’s primary inspection area.  Payton allegedly disregarded agents’ directions and allegedly drove away from the checkpoint, leading agents in a high-speed pursuit.  Agents arrested Payton approximately an hour after he allegedly fled from the immigration checkpoint.  

The statutory penalty for a conviction on a high-speed flight from an immigration checkpoint charge is a maximum of five years 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 Las Cruces office of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Nicole Hammond of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Robert Isaac Banda, 29, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking offense arising out of the seizure of more than two pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico in Aug. 2018.

U.S. Border Patrol agents arrested Banda on Aug. 9, 2018, after seizing approximately 1.16 kilograms (2.56 pounds) of methamphetamine concealed on Banda’s body.  According to the complaint, the agents found the methamphetamine after conducting a search on Banda’s person and his vehicle at the U.S. Border Patrol checkpoint on Highway 70 in Alamogordo, N.M.

During today’s proceedings, Banda pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Banda admitted that on Aug. 9, 2018, he entered a U.S. Border Patrol checkpoint in Otero County, N.M., where he consented to a canine search of his vehicle and pulled into the secondary inspection area.  Banda admitted that as he got out of his vehicle, the agents noticed a bulge in his pants and subsequently found approximately 1.16 kilograms of methamphetamine concealed on his body.  Banda further admitted that he intended to transport the methamphetamine from Mexico to Roswell, N.M., where he intended to distribute the drugs to others.

At sentencing, Banda faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  Banda remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol station in Alamogordo.  Assistant U.S. Attorney Mark A. Saltman is prosecuting the case.

ALBUQUERQUE – Mauricio Varela, 48, of Silver City, N.M., was sentenced today in federal court in Las Cruces, N.M., to 168 months of imprisonment followed by three years of supervised release for his conviction on racketeering and assault charges.

Varela and his three co-defendants, David Calbert, 42, Robert Martinez, 54, and Mario Rodriguez, 33, were charged with racketeering offenses in a four-count indictment filed in Dec. 2015.  The indictment charged the four defendants with participating in a criminal organization known as the Syndicato de Nuevo Mexico (SNM) Prison Gang that engaged in acts of violence and other criminal activities, including murder, kidnapping, attempted murder, conspiracy to manufacture and distribute narcotics, and firearms trafficking.  The indictment alleged that the defendants were members and associates of the SNM Prison Gang, a statewide gang operating in New Mexico prisons and in communities throughout the state.  According to the indictment, the SNM Prison Gang was formed in the early 1980s at the Penitentiary of New Mexico after the prison riot in Feb. 1980, and expanded throughout the New Mexico penal system.  The indictment alleged that gang members and associates are expected to remain loyal to the Gang and work to further its objectives after they have completed their prison sentences and those who do not are subject to violent forms of discipline.  According to the indictment, significant goals of the SNM Prison Gang included controlling and profiting from drug trafficking both within and outside the penal system; intimidating and influencing other gangs for the purpose of expanding the network for its illegal activities; and engaging in violence to assert its gang identity and protect its territory.

The indictment charged Varela and Calbert with conspiring to murder an individual referred to as P.S. in March 2011, and with assaulting P.S. with a deadly weapon on March 14, 2011.  It also charged Martinez and Rodriguez with conspiring to murder an individual referred to as A.S., in June 2011, and with assaulting A.S. resulting in serious bodily injury on June 24, 2011.  The indictment charged the four defendants with committing the offenses in Santa Fe County, N.M.

On Oct. 19, 2017, Varela pled guilty to assault with a dangerous weapon in aid of the racketeering enterprise.  In entering the guilty plea, Varela admitted that in 2000, while incarcerated in the New Mexico Department of Corrections, he became a member of the SNM Prison Gang and thus became engaged in racketeering activity.  Varela further admitted that in March 2011, he and another SNM Prison Gang member assaulted P.S. by hitting and holding P.S. while the other SNM member stabbed P.S. with a dangerous weapon, which resulted in serious bodily injury to P.S.  Varela acknowledged committing this assault because of his SNM membership and to increase his status within the Prison Gang.

Varela’s three co-defendants have previously entered guilty pleas and are awaiting sentencing.

This case was investigated by Albuquerque Division of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correctional 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 – David Dobbs, 28, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by being in possession of a firearm during and in relation to a drug trafficking crime.

Dobbs was arrested in Aug. 2018, on an indictment charging him with cocaine trafficking and firearms offenses.  According to the indictment, Dobbs distributed cocaine on Nov. 9, 2017, Dec. 7, 2017 and Feb. 7, 2018; possessed cocaine with intent to distribute on Feb. 26, 2018; and possessed a firearm during and in relation to a drug trafficking crime on Feb. 26, 2018.  The indictment charged Dobbs with committing the crimes in San Juan County, N.M.

During today’s proceedings, Dobbs pled guilty to possessing a firearm during and in relation to a drug trafficking crime.  In entering the guilty plea, Dobbs admitted that on Feb. 26, 2018, law enforcement officials found approximately 1011 grams of cocaine and a firearm in his vehicle during a traffic stop.  Dobbs acknowledged that he intended to distribute the cocaine to others and that he possessed the firearm to protect himself and the drugs associated with his drug trafficking activities.

At sentencing, Dobbs faces a mandatory minimum penalty of five years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the HIDTA Region II Task Force and is being prosecuted by Assistant U.S. Attorney Allison Jaros.

The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Senior U.S. District Judge James A. Parker today sentenced David Scott Glasrud, 51, the former administrator of Southwest Learning Centers in Albuquerque, N.M., to 60 months of imprisonment for his conviction on federal theft, fraud and false statement charges arising out of a nearly 15-year scheme to defraud the public charter schools he founded out of millions of dollars.  Glasrud was ordered to serve a three-year term of supervised release after completing his prison sentence.  Judge Parker also ordered Glasrud to pay $3 million in restitution to the victims of his crimes.

U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the Albuquerque Division of the FBI announced Glasrud’s sentence, which was imposed based on a guilty plea entered by Glasrud on Oct. 25, 2017.  Glasrud entered the guilty plea to a nine-count felony information charging him with two counts of theft from programs receiving federal funds, three counts of wire fraud, two counts of mail fraud, and two counts of making false statements.  

According to the felony information, Glasrud established the public charter school, Southwest Secondary Learning Center, in Albuquerque in Dec. 1999, and later established three other public charter schools in Albuquerque:  Southwest Primary Learning Center, Southwest Intermediate Learning Center, and Southwest Aeronautics, Mathematics & Science Academy.  The four schools collectively are known as the Southwest Learning Center Schools (Charter Schools) and operate with public funds, including federal funds. 

Glasrud served as the Head Administrator for, and exercised financial oversight over, the Charter Schools until Aug. 2014.  As the Head Administrator and an employee of the Charter Schools, Glasrud had a duty to use his best efforts on behalf of the Charter Schools in all matters of trust and confidence, and not to act for his own benefit at the expense of the Charter Schools.  In his plea agreement, Glasrud admitted violating this duty of trust repeatedly over the course of 15 years by engaging in an ongoing series of schemes to defraud the Charter Schools for his personal benefit.  Glasrud also acknowledged making false statements to FBI Special Agents who were investigating his criminal conduct.

The felony information charged, and Glasrud admitted, that from Nov. 2000, Glasrud was doing business in his personal capacity as Southwest Educational Consultants, which he incorporated as Southwest Educational Consultants, Inc. (SEC) in March 2002.  Glasrud served as SEC’s registered agent, director and President, and his personal expenses were paid out of an SEC bank account.  Glasrud used SEC to facilitate his schemes to defraud the Charter Schools.

For example, from Nov. 2000 through Aug. 2014, Glasrud devised and executed a scheme to defraud that involved leasing a building at 9904 Montgomery Blvd. NE (Building) in Albuquerque to one of the Charter Schools (Charter School 1) by misrepresenting, concealing and omitting material facts from Charter School 1, and by breaching duties that he owed to Charter School 1.  In Nov. 2000, while doing business as SEC, Glasrud leased the entire Building.  Days later, on Dec. 1, 2000, still acting as SEC, he subleased the Building to Charter School 1 for twice the rent that SEC was paying and without disclosing this material information to Charter School 1.  As part of his scheme, by 2007, Glasrud had arranged for SEC to sublease a majority of the square footage of the Building to another tenant, with whom Glasrud had a close familial relationship.

Glasrud admitted that as part of his fraudulent scheme, Charter School 1 paid more than double the rent that SEC paid to lease the entire Building, but occupied less than half the Building.  Glasrud also admitted causing Charter School 1 to pay SEC approximately four to five times as much as the other tenant for use of less than half of the Building it was sharing.  When the New Mexico Public Education Department (PED) raised concerns about Charter School 1’s sublease, Glasrud caused a school representative to misrepresent to PED and the school board the amount of profit that SEC was realizing off the sublease.  In his plea agreement, Glasrud admitted that SEC, his personally owned business, made more than $700,000 in profits as the result of this scheme.

In entering his guilty plea, Glasrud also acknowledged devising and executing a series of other schemes to defraud the Charter Schools.  In pleading guilty to one of the three wire fraud charges, Glasrud admitted that in Feb. 2004, he and SEC created a bogus business called Media Learning Solutions (MLS) with an “office” address at a mail drop in Las Vegas, NV.  Thereafter, Glasrud caused the Charter Schools to pay capital outlay money to MLS based on fraudulent proposals and invoices.  Most of the money MLS received from the Charter Schools was not spent on the items for which it was intended or for the benefit of the Charter Schools, and instead was used for Glasrud’s personal benefit.  For example, in 2009 and 2010, the Charter Schools paid MLS approximately $265,000, which Glasrud expended as follows:  $199,000 to pay down his personal line of credit; $50,000 transferred into his personal bank account; $12,000 for personal items; and $4,000 spent at a casino in Las Vegas, NV.

Another of Glasrud’s fraudulent schemes began in Dec. 2002 and continued until Aug. 2014, and involved Charter School 1’s Extended Learning Program (ELP).  The ELP offered students the opportunity to earn school credits using online, computer-based courses.  Students paid to receive official school credit from Charter School 1, and Glasrud diverted almost all of the payments into an SEC bank account he controlled.  Glasrud admitted that from 2007 to 2014, more than $1,000,000 in payments for the ELP that should have gone to Charter School 1 was deposited into a bank account for SEC, Glasrud’s personal business.

These three schemes are examples of the fraudulent schemes that Glasrud perpetuated over the 15-year period during which he served as the Head Administrator of the Charter Schools and by which he betrayed the trust and confidence placed in him.  Glasrud admitted devising and executing each of these three schemes as well as the other schemes described in the felony information and the plea agreement when he entered his guilty plea this morning.    

The case was investigated by the Albuquerque Division of the FBI with the assistance of the U.S. Department of Education, Office of Inspector General.  Assistant U.S. Attorneys Fred J. Federici and Holland S. Kastrin prosecuted the case.

ALBUQUERQUE – Michael Scott Freeman, 42, of Silver City, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm.  The firearms at issue allegedly were stolen during a home burglary in Grant County, N.M., in Aug. 2017. 

The FBI arrested Freeman on May 31, 2018, on a criminal complaint charging him with being a felon in possession of firearms in Grant County.  According to the criminal complaint, the Grant County Sheriff’s Office (GCSO) responded to a home burglary in Aug. 2017, during which a number of firearms were stolen from a large gun safe.  In Oct. 2017, an individual reported purchasing two firearms and additional cylinders from Freeman.  The individual subsequently surrendered the firearms and cylinders to the GCSO, suspecting that the firearms and cylinders were stolen.  The serial numbers and descriptions of the firearms matched the serial numbers and descriptions of two of the firearms allegedly stolen during the Aug. 2017 home burglary.

Freeman subsequently was indicted on Aug. 22, 2018, and was charged with being a felon in possession of a firearm in Grant County.  According to the indictment. Freeman was prohibited from possessing firearms or ammunition between Aug. 2017 and Oct. 2017, because of his prior convictions for unlawful taking of a motor vehicle, escape, and use of a phone to terrify, intimidate or threaten.

During today’s proceedings, Freeman pled guilty to the indictment and admitted that between Aug. 19, 2017, and Oct. 31, 2017, he possessed and sold two handguns and multiple extra cylinders to another individual in Grant County.  Freeman acknowledged that he was prohibited from possessing any firearms or ammunition because of his status as a convicted felon.

At sentencing, Freeman faces a maximum penalty of ten years in federal prison.  Freeman remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the FBI and the Grant County Sheriff’s Office with assistance from the Silver City Police Department, New Mexico State Police and the 6th Judicial District Attorney’s Office.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – Jeffrey Blake Vanover, 53, of Roswell, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to unlawfully possessing explosives.  Vanover entered his guilty plea without the benefit of a plea agreement.

Vanover was arrested on April 7, 2018, on an indictment charging him with being a prohibited person in possession of explosives on Feb. 12, 2017, in Chaves County, N.M.  According to the indictment, Vanover was prohibited from possessing explosives because he was an unlawful drug user and addict and because he was a convicted felon.  The indictment stated that Vanover had prior felony convictions for distribution of methamphetamine, conspiracy to distribute methamphetamine, and commercial burglary. 

At sentencing, Vanover faces a maximum penalty of ten years.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the HIDTA Chaves County Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.

The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Robert Pena, 38, of Hobbs, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal drug trafficking and firearms laws.  Pena’s plea agreement recommends a prison sentence of 15 years followed by a term of supervised release to be determined by the court.

Pena was charged with federal drug trafficking and firearms offenses in a federal criminal complaint filed on April 26, 2018, and was arrested on May 8, 2018, after he was transferred from state custody to federal custody.  According to the criminal complaint, Hobbs Police Department (HPD) officers arrested Pena in Jan. 2018, after finding a firearm and ammunition, approximately 152 grams (5.3 ounces) of methamphetamine, a small amount of cocaine and marijuana, and drug paraphernalia in Pena’s vehicle while executing a search warrant following a routine traffic stop.

A federal grand jury indicted Pena on July 18, 2018, and charged him with possession of methamphetamine with intent to distribute and possession of a firearm during and in relation to a drug trafficking crime.  According to the indictment, Pena committed the offenses on Jan. 25, 2018, in Lea County, N.M.

During today’s proceedings, Pena pled guilty to the indictment and admitted that HPD officers stopped him on Jan. 25, 2018, because of a brake light malfunction on his vehicle, and during a canine sniff search, the narcotics canine alerted to the presence of drugs in his vehicle.  Pena further admitted that the HPD officers subsequently found approximately 146.3 grams of pure methamphetamine and a loaded firearm in his vehicle during the execution of a search warrant.  Pena admitted that he intended to distribute the methamphetamine to others in exchange for money, and that he carried the loaded firearm to protect himself and the drugs in furtherance of his drug trafficking activities. 

Pena has been in custody since his state arrest in Jan. 2018, and will remain in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the DEA, the Hobbs Police Department, and the Lea County Drug Task Force with assistance from the 5th Judicial District Attorney’s Office.  Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Gabriel Stephens, 37, of Albuquerque, N.M., pled guilty today in federal court to bank robbery and firearms charges. 

The FBI, with assistance from the Rio Rancho Police Department, arrested Stephens in Feb. 2018, on a criminal complaint charging him with robbing the Mountain America Credit Union located at 9200 Golf Course Rd. NW in Albuquerque on Feb. 7, 2018, and the Rio Grande Credit Union located at 1526 Unser Blvd., in Rio Rancho, N.M., on Feb. 17, 2018.  During both robberies, Stephens gave bank tellers a note demanding money and the bank tellers responded by placing money into Stephens’ backpack.  During the Feb. 7, 2018, bank robbery, Stephens motioned as though he was holding a firearm inside his backpack, and during the Feb. 17, 2018, bank robbery he showed the bank teller a firearm located inside his backpack. 

Stephens was indicted on March 13, 2018, and was charged with armed bank robbery and with using and carrying a firearm during and in relation to a crime of violence.  The indictment was superseded on April 24, 2018, and charged Stephens with bank robbery of the Mountain America Credit Union on Feb. 7, 2018, in Bernalillo County, N.M.; armed bank robbery of the Rio Grande Credit Union on Feb. 17, 2018, in Sandoval County, N.M.; and using and carrying a firearm during and in relation to a crime of violence on Feb. 17, 2018, in Sandoval County.

During today’s proceedings, Stephens pled guilty to armed bank robbery and using and carrying a firearm during and in relation to a crime of violence.  In entering the guilty plea, Stephens admitted that on Feb. 17, 2018, he entered the Rio Grande Credit Union and gave the teller a note, which demanded money.  Stephens further admitted that as the teller was handing him money, Stephens opened his bag so the teller could see the firearm that was inside the bag.

At sentencing, Stephens faces a maximum penalty of 25 years in federal prison on the armed bank robbery charge and a mandatory minimum penalty of five years in federal prison for using and carrying a firearm during and in relation to a crime of violence, which must be served consecutive to the sentence imposed on the bank robbery charge.  Stephens remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department.  Assistant U.S. Attorney James D. Tierney is prosecuting the case.

ALBUQUERQUE – Javece Lyndale Wilson, 38, of Maywood, Ill., was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for his conviction on a cocaine trafficking charge.  Wilson will be on supervised release for four years after completing his prison sentence.

The DEA arrested Wilson in Dec. 2017, after seizing approximately 550 grams of cocaine from his luggage during an interdiction investigation on Dec. 11, 2017, in Albuquerque.  Wilson was indicted on Dec. 20, 2017, and was charged with possession of cocaine with intent to distribute on Dec. 11, 2017, in Bernalillo County, N.M.

On April 20, 2018, Wilson pled guilty to the indictment and admitted possessing more than 500 grams of cocaine concealed in his luggage while traveling through Albuquerque on Dec. 11, 2017.  Wilson further admitted that he was transporting the cocaine with the intent to distribute the cocaine to other individuals.

This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Eva Fontanez.

ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., today ordered that Kory Dwayne Adams, 35, of Roswell, N.M., remain in custody pending trial on charges of using interstate communications to threaten to injure another individual.  Trial has yet to be scheduled.

The FBI arrested Kory Adams on Sept. 28, 2018, for allegedly posting a message on social media which threatened to injure an individual.  According to the complaint, Kory Adams’ brother, Dain Justin Adams, 37, also of Roswell, was arrested on Sept. 19, 2018, on a federal criminal complaint alleging child pornography offenses.  On Sept. 25, 2018, the FBI received information that a social media account allegedly belonging to Kory Adams had posted a threatening communication directed at a particular individual and the threat allegedly appeared to have been related to Dain Adams’ child pornography charges.

If convicted of the charges in the criminal complaint, Kory Adams faces a statutory maximum penalty of five years in prison.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Roswell office of the FBI and is being prosecuted by Assistant U.S. Attorneys Dustin Segovia and Marisa A. Ong.

ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Alfonso Vazquez, 31, of Roswell, N.M., with a methamphetamine trafficking offense.  The charge arises from the distribution of approximately 56.5 grams of methamphetamine to an undercover law enforcement agent.  Vazquez was remanded into custody pending trial, which has yet to be scheduled.

According to the criminal complaint, Vazquez distributed approximately 56.5 grams of methamphetamine to an undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on Aug. 10, 2018, in Chaves County, N.M. 

The penalty for a conviction on the offense charged in the criminal complaint is a statutory minimum penalty of five years and a maximum of 40 years 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 Las Cruces offices of the ATF, DEA and Homeland Security Investigations and the HIDTA Chaves County Metro Narcotics Task Force.  Assistant U.S. Attorney Sarah M. Davenport is prosecuting the case.

The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Stephanie Murray, 30, of Loving, N.M., was sentenced today in federal court in Las Cruces, N.M., to 41 months in prison for her conviction on narcotics trafficking charges arising out of the sale of methamphetamine to an undercover law enforcement agent.  Murray will be on supervised release for three years after completing her prison sentence. 

Murray and her co-defendants, Jimmy Myers, 24, of Lockhart, Texas, and Jesus Sanchez, 31, of Carlsbad, N.M., were charged with methamphetamine trafficking offenses in an indictment filed on Dec. 13, 2017.  The three-count indictment charged Murray, Myers and Sanchez with participating in a methamphetamine trafficking conspiracy and distributing methamphetamine on April 28, 2017.  It also charged Myers with distributing methamphetamine on May 18, 2017.  According to the indictment, the defendants committed the crimes in Eddy County, N.M.

On June 7, 2018, Murray pled guilty to conspiracy and distributing methamphetamine.  In entering the guilty plea, Murray admitted that on April 28, 2017, she provided methamphetamine to an individual who then distributed the methamphetamine to an undercover law enforcement agent. 

Myers previously entered a guilty plea on May 8, 2018, and faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison at sentencing.  Myers is scheduled to be sentenced on Oct. 10, 2018.  Sanchez entered a guilty plea on June 12, 2018, and faces a maximum of 30 years in federal prison at sentencing.  Sanchez remains in custody pending a sentencing hearing, which has yet to be scheduled.    

This case was investigated by Homeland Security Investigations and the New Mexico State Police.  Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Edward Hartley, 37, of Las Cruces, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of firearms and ammunition.

Hartley was arrested on June 27, 2018, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on June 8, 2018, in Dona Ana County, N.M.  According to the complaint, Las Cruces Police Department (LCPD) officers responded to a weapons call at a residence in Las Cruces that an individual allegedly pointed a gun at a female and a child.  When the LCPD officers arrived at the scene, they observed Hartley walking down the street, and after seeing the LCPD officers, Hartley attempted to flee the area and was seen throwing  a firearm into the front yard of a residence.  Officers subsequently located a handgun magazine loaded with ammunition and a loaded firearm in front yards near the area where Hartley was running.

According to the criminal complaint, Hartley, who was then under state indictment for being a felon in possession of a firearm or destructive device, had multiple prior felony convictions including convictions for second degree murder, drug trafficking, conspiracy to commit drug trafficking, possession of a firearm or destructive device by a felon, and possession of drug paraphernalia.  He was prohibited from possessing firearms or ammunition because of his prior felony convictions.

During today’s change of plea hearing, Hartley pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Hartley admitted that on June 8, 2018, he fled from LCPD officers, and during his flight, discarded a firearm.  Hartley acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. 

At sentencing, Hartley faces a maximum penalty of ten years in federal prison.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department.  Assistant U.S. Attorney Luis A. Martinez is prosecuting the case.

ALBUQUERQUE – Robert C. Ponce, 43, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to drug trafficking and firearms offenses.  Ponce is the eighth of the ten defendants charged as the result of a multi-agency investigation into a criminal organization that was trafficking large quantities of methamphetamine and firearms in southeastern New Mexico to plead guilty. 

The investigation initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force and initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico that was supplied by Daniel P. Bruton, 39, of Artesia, N.M., and Marcos A. Martinez, 31, of Roswell, N.M.  The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other drug traffickers in Eddy and Chaves Counties.  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.  During the investigation, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.

Ponce, Bruton and Martinez were charged along with seven other co-defendants in a 34-count indictment filed on Oct. 3, 2017.  The indictment alleged that Martinez, Bruton and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico.  The indictment includes 55 overt acts that discussed the conspiracy’s operations, including the quantities of methamphetamine, ranging from multiple ounces to five pounds, allegedly distributed by the defendants on a routine basis.  It also describes the firearms, including assault rifles that allegedly were to be smuggled into Mexico, allegedly used by the defendants in relation to their drug trafficking activities. 

During today’s proceedings, Ponce pled guilty to conspiracy, use of a communication facility to further the commission of a drug trafficking crime, possession of methamphetamine with intent to distribute and being a felon in possession of a firearm.  In entering the guilty plea, Ponce admitted that during July 2017, he conspired with his co-defendants to distribute methamphetamine in Eddy County.  Ponce further admitted that on July 28, 2017, he was in possession of approximately two ounces of methamphetamine and a loaded firearm located in his vehicle when he fled from law enforcement officers.  Ponce admitted that if the methamphetamine had not been seized by law enforcement, it was his intention to distribute the methamphetamine to other individuals.  Ponce acknowledged that he was prohibited from possessing firearms or ammunition in July 2017, because of his prior felony convictions for possession of a controlled substance, being a felon in possession of a firearm, aggravated assault with a deadly weapon and forgery.

At sentencing, Ponce faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.

Seven of Ponce’s co-defendants have entered guilty pleas and three have been sentenced:  Chelcy A. Vasquez, 26, of Dexter, N.M., pled guilty on Feb. 5, 2018, and was sentenced on July 18, 2018; Erick L. Miranda-Santos, 22, of Artesia pled guilty on April 5, 2018, and was sentenced on Sept. 18, 2018; Kenneth R. Dickerson, 57, of Carlsbad, pled guilty on June 27, 2018, and was sentenced on Sept. 6, 2018; Isela Hernandez, 27, of Roswell pled guilty on April 16, 2018; Martinez pled guilty on June 14, 2018; Linda M. Watts, 28, of Carlsbad pled guilty on June 20, 2018; and Burton pled guilty on July 6, 2018. 

Sentencing hearings for Ponce, Burton, Martinez, Watts and Hernandez have yet to be scheduled.

Two co-defendants, Jerry O. Twaddle, 38, and Ethan G. Watts, 28, both of Carlsbad, have entered pleas of not guilty to the charges against them.  Charges in indictments and criminal complaints are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office.  Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – John Hanrahan, 57, of Albuquerque, N.M., pled guilty today in federal court to heroin and methamphetamine trafficking charges without the benefit of a plea agreement.  At sentencing, Hanrahan faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  However, if the court determines that Hanrahan is a career offender, he faces a prison sentence within the range of 30 years to a maximum of life imprisonment. 

Hanrahan, whose prior criminal history includes felony convictions for conspiracy, armed robbery, conspiracy to commit fraudulent use of credit cards, aggravated battery on a police officer, and aggravated assault with a deadly weapon, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

DEA agents arrested Hanrahan in March 2016, when they executed a state search warrant at his residence and seized approximately 1961 grams of heroin, 128 grams of methamphetamine and more than $15,000 in cash. 

Hanrahan subsequently was indicted on April 12, 2016, and was charged with possession of heroin and methamphetamine with intent to distribute.  According to the indictment, Hanrahan committed the offenses on March 17, 2016, in Bernalillo County, N.M.

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

This case was investigated by the Albuquerque offices of the DEA and FBI.  Assistant U.S. Attorneys Kristopher N. Houghton and Alexander M. Uballez are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. 

ALBUQUERQUE – Patrick Walela, 33, a member and resident of Zuni Pueblo, N.M., was sentenced today to 120 months in prison for his conviction on a second-degree murder charge in federal court in Albuquerque, N.M.  Walela will be on supervised release for three years after completing his prison sentence.

The FBI arrested Walela on Dec. 29, 2017, on a criminal complaint charging him with second degree murder and assault resulting in serious bodily injury.  The complaint alleged that Walela killed a 45-year-old Zuni Pueblo man and seriously injured a 52-year-old Zuni Pueblo man on Dec. 20, 2017, when he caused a single motor vehicle crash in Zuni Pueblo on Dec. 20, 2017.  According to the complaint, Walela was intoxicated while driving the vehicle in which the two victims were passengers at an excessive rate of speed.  Information extracted from his vehicle’s event data recorder indicated that his vehicle was traveling at speeds between 86 and 97 miles per hour in the seconds leading up to the crash.

Walela was indicted in April 2018 and was charged with second degree murder and assault resulting in serious bodily injury.  The indictment charged Walela with committing the crimes on Dec. 20, 2017 in McKinley County, N.M.

On June 21, 2018, Walela pled guilty to the second-degree murder charge.  In entering the guilty plea, Walela admitted killing the victim with malice aforethought.  Walela admitted consuming alcohol to the point that he could not operate a vehicle safely, and that he drove a vehicle even though he previously had been convicted of three DUI-related offenses in Zuni Tribal Court and had completed both a “victim impact panel” and “first offender” program informing him of the dangers of drinking and driving.  Walela admitted that at the time of the crash, he drove the vehicle in excess of the speed limit and lost control of the vehicle and the victim died as the result of injuries he sustained in the crash.

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorneys Michael D. Murphy prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.   Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – John Vaughn Rohan, 38, of Taos County, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to theft and destruction of U.S. Government property charges.

Rohan and his co-defendant, Joey Angelo Cruz, 38, of Trampas, N.M., were charged in a six-count indictment filed on Jan. 11, 2018, with three counts of theft of government property and three counts of destruction of government property.  The indictment alleged that the defendants committed the offenses by breaking and entering into the Pilar Maintenance Storage Yard, which was maintained by the Bureau of Land Management in Taos County, on Nov. 23, 2016, March 12, 2017, and March 26, 2017.  It further alleges that on each date, the defendants stole property valued in excess of $1,000, and destroyed property belonging to the United States.

During yesterday’s change of plea hearing, Rohan pled guilty to one count of theft from the United States and one count of destruction of U.S. property.  In entering the guilty plea, Rohan admitted that on March 26, 2017, he broke into a storage container and stole more than $1,000 worth of equipment with the intention of selling the equipment for money.  Rohan acknowledged that he later learned that the Bureau of Land Management owns the land he broke into and owned the property he stole.

At sentencing, Rohan faces a statutory maximum penalty of ten years in federal prison and a fine up to $250,000.  A sentencing hearing has yet to be scheduled.

Cruz has entered a plea of not guilty to the charges against him.  Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Bureau of Land Management and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Jason Christopher Davis, 46, of Las Cruces, N.M., pled guilty today in federal court to a child pornography charge.  Davis entered the guilty plea under a plea agreement that recommends a 15-year prison sentence followed by 20 years of supervised release.  Davis will also be required to register as a sex offender

Davis was arrested in May 2018, on a criminal complaint charging him with receiving child pornography in April 2018, in Dona Ana County, N.M.  According to the complaint, the Las Cruces Police Department executed a search warrant on an email account subscribed to Davis that was used to upload a video file containing child pornography.  The complaint further stated that on May 15, 2018, Homeland Security Investigations and the Las Cruces Police Department seized numerous items including digital media containing child pornography while executing a state search warrant at Davis’ residence.  At the time of these events, Davis was employed as a Supervisory U.S. Border Patrol Agent.

During today’s proceedings, Davis pled guilty to a felony information charging him with production of a visual depiction of a minor engaged in sexually explicit conduct.  In entering the guilty plea, Davis admitted that on May 17, 2015, he produced a child pornography video of a five-year-old minor child and uploaded the video onto his laptop computer.

Davis has been in federal custody since his arrest and will remain detained pending a sentencing hearing, which has yet to be scheduled.

The case was investigated by the Las Cruces office of HSI, the Office of Inspector General of the U.S. Department of Homeland Security, and the Las Cruces Police Department with assistance from the Office of Professional Responsibility of the U.S. Customs and Border Protection, the Management Inquiry Team of the U.S. Border Patrol, the FBI, and the New Mexico Attorney General’s Office. 

Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 – Senior U.S. District Judge Robert C. Brack sentenced Peter John Zayas, 33, this afternoon in federal court in Las Cruces, N.M., to 15 years of imprisonment followed by five years of supervised release for his conviction on a child abuse resulting in great bodily harm charge.  Peter Zayas’ conviction arose out of conduct occurring between Aug. 2007 and Oct. 2007, resulting in the death of his two-month-old daughter.  Judge Brack sentenced Peter Zayas based on a guilty plea entered on Feb. 19, 2014.  Judge Brack sentenced Sophia Zayas, Peter Zayas’ wife, on Sept. 27, 2018, to 15 years of imprisonment followed by five years of supervised release for her conviction for child abuse resulting in great bodily harm and death. 

U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, and Special Agent in Charge Nicholas J. Dorval of the Air Force Office of Special Investigations, Detachment 814, announced Peter Zayas’ sentence. 

The FBI and the Air Force Office of Special Investigations arrested Peter Zayas and his wife Sophia Monique Zayas, 36, in April 2012 on charges that between Oct. 21, 2007 and Oct. 22, 2007, the couple caused the death of their two-month-old infant daughter.  In Nov. 2012, a 16-count superseding indictment was filed charging the couple with second-degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses.  At the time of the offenses alleged in the superseding indictment, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.

Peter Zayas pleaded guilty to negligent child abuse on Feb. 19, 2014.  In his plea agreement, Peter Zayas admitted that from Aug. 16, 2007 through Oct. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in Sophia Zayas’ care knowing that Sophia Zayas had a history of alcohol abuse.  Peter Zayas acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given her alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007. 

On Feb. 24, 2014, Sophia Zayas pleaded guilty to child abuse resulting in great bodily harm and admitted that from Aug. 16, 2007 through Oct. 22, 2007, she placed her daughter in a situation, which endangered the infant’s life.  In her plea agreement, Sophia Zayas admitted that the infant suffered posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of her conduct.  The infant died of her injuries on Oct. 22, 2007.

This case was investigated by the FBI and the Air Force Office of Special Investigations and was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and John A. Balla of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Wesley Lawless, 41, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., pled guilty yesterday in federal court to sexual abuse charges.  Lawless’ plea agreement recommends that he be sentenced to a term of imprisonment within the range of 17 to 20 years followed by a term of supervised release to be determined by the court.  Lawless will also be required to register as a sex offender.

Lawless and his co-defendants, John B. Henry, 50, an enrolled member of the Navajo Nation who resides in Albuquerque, and Robert Henry Jr., 52, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., were charged in a 12-count indictment filed on June 15, 2016.  The co-defendants were charged with two counts of kidnapping, two counts of conspiracy to commit a kidnapping, seven counts of aggravated sexual abuse, and one count of child abuse.  According to the indictment, the defendants committed the offenses on June 18 and 19, 2011, on the Navajo Indian Reservation in McKinley County, N.M.

During yesterday’s proceedings, Lawless pled guilty to a two-count felony information charging him with aggravated sexual abuse and attempted aggravated sexual abuse. 
According to Lawless’ plea agreement, on June 18, 2011, Lawless, two other men, and two female victims was driving around the Navajo Indian Reservation while drinking alcohol.  At some point that evening, the female victims wanted to return to town but Lawless did not allow it.  During a vehicle stop, Lawless sexually abused one victim and during another stop, he attempted unsuccessfully to sexually abuse the other victim. 

Lawless remains in custody pending a sentencing hearing, which has yet to be scheduled.

Co-defendants John B. Henry and Robert Henry have entered pleas of not guilty to the charges against them.  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 Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Guy Bell, 29, of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison for his conviction on drug trafficking and firearms charges.  Bell will be on supervised release for six years after completing his prison sentence.

Bell was arrested on Aug. 16, 2017, on an indictment charging him with distributing methamphetamine near a school, being a felon in possession of a firearm, and using and carrying a firearm in relation to a drug trafficking crime.  According to the indictment, Bell committed the offenses on Nov. 2, 2016, in Dona Ana County, N.M.  Bell was prohibited from possessing firearms or ammunition because he previously has been convicted of larceny of a firearm and tampering with evidence. 

On Jan. 25, 2018, Bell pled guilty to a felony information charging him with distribution of methamphetamine near a school, being a felon in possession of a firearm, and using and carrying a firearm in relation to a drug trafficking crime.  In entering the guilty plea, Bell admitted that on Nov. 2, 2016, he facilitated the sale of approximately 27 grams of pure methamphetamine between an undercover law enforcement agent and his (Bell’s) source of supply, by driving the agent to the residence of the source of supply, which was located approximately 500 feet away from an elementary school.  Bell also admitted carrying a loaded pistol during the drug transaction for his protection.  Bell acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorneys John Balla and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Trevor David Littleman, 25, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the Hobbs Act, assault, and firearms charges.  Littleman’s plea agreement recommends that he be sentenced to a ten-year term of imprisonment followed by a term of supervised release to be determined by the court. 

Littleman was arrested on Sept. 18, 2017, on a criminal complaint charging him with the armed robbery of the Giants Gas Station and Convenience Store located on New Mexico State Road 371, Main Street in Crownpoint, N.M.  According to the complaint, before departing from the store with cigarettes and cash from the cash registers, Littleman fired a round of ammunition into the ceiling.  Officers allegedly found a 9mm casing and shattered fluorescent light and debris on the floor of the gas station.

Littleman subsequently was indicted on Oct. 11, 2017, and was charged with robbing the gas station, a business engaged in interstate commerce, assault with a dangerous weapon with intent to do bodily harm, and using and brandishing a firearm during and in relation to a crime of violence.  The indictment charged Littleman with committing the offenses on Sept. 8, 2017, on the Navajo Indian Reservation in McKinley County, N.M.

During today’s proceedings, Littleman pled guilty to the indictment, and admitted that on Sept. 8, 2017, he robbed the gas station at gunpoint, demanding cigarettes and money, and threatening to shoot the clerk if he did not comply.  Littleman further admitted discharging his firearm by firing a round into the ceiling of the store before running out of the store and leaving the area in a vehicle that was waiting for him. 

Littleman remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Crownpoint office of the Navajo Nation Division

ALBUQUERQUE – A U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Alfred Galaviz, 54, of Calexico, Calif., with a fentanyl trafficking offense.  The charge arises from a DEA seizure of approximately 45.92 pounds of fentanyl in Albuquerque on Sept. 27, 2018.  Galaviz was remanded into custody pending trial, which has yet to be scheduled.

The DEA arrested Galaviz on Sept. 27, 2018, after seizing approximately 20.5 kilograms (45.92 pounds) of fentanyl from Galaviz’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 Paul Schied is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. 

ALBUQUERQUE – Senior U.S. District Judge Robert C. Brack sentenced Sophia Monique Zayas, 36, this afternoon in federal court in Las Cruces, N.M., to 15 years of imprisonment followed by five years of supervised release for her conviction on a child abuse resulting in great bodily harm charge.  Sophia Zayas’ conviction arose out of conduct occurring on October 21 and 22, 2007, that resulted in the death of her two-month-old daughter.  Judge Brack sentenced Sophia Zayas based on a guilty plea entered on Feb. 24, 2014.

U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, and Special Agent in Charge Nicholas J. Dorval of the Air Force Office of Special Investigations, Detachment 814, announced Sophia Zayas’ sentence. 

The FBI and the Air Force Office of Special Investigations arrested Sophia Zayas, 32, and her husband Peter John Zayas, 33, in April 2012 on charges that between Oct. 21, 2007 and Oct. 22, 2007, the couple caused the death of their two-month-old infant daughter.  In Nov. 2012, a 16-count superseding indictment was filed charging the couple with second-degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses.  At the time of the offenses alleged in the superseding indictment, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.

On Feb. 24, 2014, Sophia Zayas pleaded guilty to child abuse resulting in great bodily harm and admitted that from Aug. 16, 2007 through Oct. 22, 2007, she placed her daughter in a situation, which endangered the infant’s life.  In her plea agreement, Sophia Zayas admitted that the infant suffered posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of her conduct.  The infant died of her injuries on Oct. 22, 2007.

Peter Zayas pleaded guilty to negligent child abuse five-days earlier, on Feb. 19, 2014.  In his plea agreement, Peter Zayas admitted that from Aug. 16, 2007 through Oct. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in Sophia Zayas’ care knowing that Sophia Zayas had a history of alcohol abuse.  Peter Zayas acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given her alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007. 

Sophia Zayas and Peter Zayas have been in federal custody since their arrests.  Peter Zayas is scheduled for sentencing on Oct. 2, 2018.

This case was investigated by the FBI and the Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and John A. Balla of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Fabian I. Sanchez, 38, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition.

Sanchez, whose criminal history includes convictions for aggravated assault with a deadly weapon, possession of a controlled substance and burglary of a dwelling, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

Sanchez was charged on May 9, 2017, with violating the federal firearms laws by being a felon in possession of a firearm and ammunition.  The indictment was superseded on Aug. 14, 2018, to charge Sanchez with being a felon in possession of a firearm and ammunition and included forfeiture allegations requiring Sanchez to forfeit two firearms and ammunition to the United States.  According to the superseding indictment, the offense took place on Nov. 30, 2016, in Sandoval County, N.M. 

During today’s proceedings, Sanchez pled guilty to the superseding indictment and admitted that on Nov. 30, 2016, he was in possession of a firearm and approximately five rounds of ammunition.  Sanchez acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

At sentencing, Sanchez faces a maximum statutory penalty of ten years of imprisonment.   However, if the court determines that Sanchez is an armed career criminal, he faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment.  Sanchez remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department.  Assistant U.S. Attorney Eva Fontanez and Niki Tapia-Brito are prosecuting the case.

ALBUQUERQUE – Vernon Poleahla, 34, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assault and voluntary manslaughter charges.

The FBI arrested Poleahla on May 3, 2018, charging him with killing one man and assaulting another man on Zuni Pueblo in McKinley County, N.M., on April 27, 2018.  According to the complaint, Poleahla killed the first victim by stabbing him in the abdomen and assaulted the second victim by strangling him and stabbing him in the neck.

The Zuni Pueblo Tribal Police Department arrested Poleahla on tribal charges on April 27, 2018.  Poheahla remained in tribal custody until he was arrested by FBI on May 3, 2018.

During today’s proceedings, Poleahla pled guilty to a felony information charging him with voluntary manslaughter and assault resulting in serious bodily injury.  In entering the guilty plea, Poleahla admitted that on April 27, 2018, during an argument with one of the victims, he killed the first victim by stabbing him in the stomach.  Poleahla also admitted assaulting the second victim by strangling and stabbing him in the neck.  Poleahla acknowledged that the second victim became unconscious and suffered hypoxia and a four-centimeter laceration on his neck as the result of the assault. 

At sentencing, Poleahla faces a statutory maximum penalty of 15 years in federal prison for the voluntary manslaughter charge and a maximum penalty of ten years in federal prison for the assault charge.  He remains in federal custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – Ernest Bewanika, 62, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty yesterday afternoon in federal court in Albuquerque, N.M., to abusive sexual contact of a minor charges.  Bewanika’s plea agreement recommends a prison sentence within the range of 180 to 240 months followed by a term of supervised release to be determined by the court.  Bewanika also will be required to register as a sex offender.

Bewanika was arrested on April 3, 2018, on a two-count indictment charging him with sexually abusing a child under the age of 12 years on two occasions; the first time between Nov. 2014 and Nov. 2015, and the second time between Nov. 2015 and Jan. 2016.  According to the indictment, Bewanika committed the offenses on the Zuni Pueblo in McKinley County, N.M.

During yesterday’s proceedings, Bewanika pled guilty to a felony information charging him with two counts of abusive sexual contact.  In entering the guilty plea, Bewanika admitted that he engaged in sexual contact with the victim between Nov. 6, 2014 and Nov. 5, 2015, when the victim was seven-years-old.  Bewanika further admitted that he engaged in sexual contact with the same victim between Nov. 6, 2015 and Jan. 31, 2016, when the victim was eight-years-old.  Bewanika remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorney Elisa Dimas 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 – Brian Dyea, 30, an enrolled member of Laguna Pueblo who resides in Mesita, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison followed by three years of supervised release for his conviction on an arson charge.

Dyea was arrested in Dec. 2017, on an indictment charging with him arson.  According to the indictment, Dyea committed the crime by setting fire to and burning a building on Laguna Pueblo in Cibola County, N.M., on June 17, 2016.

On March 5, 2018, Dyea pled guilty to the indictment and admitted that on June 17, 2016, he set fire to his father’s trailer, which was located on the Laguna Pueblo, causing thousands of dollars of damage to the trailer.  Dyea further admitted that he set the fire while his father was still inside the trailer, and his father suffered minor smoke inhalation.      

This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department and was prosecuted by Assistant U.S. Attorney Elisa Dimas.

ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., today found probable cause to support a criminal complaint charging Dain Justin Adams, 37, of Roswell, N.M., with child pornography offenses.  The Magistrate Judge also remanded Adams into custody pending trial, which has yet to be scheduled.

The FBI arrested Adams on Sept. 19, 2018, on a criminal complaint charging him with possessing and distributing child pornography from May 2018 through June 2018, in Chaves County, N.M.  According to the complaint, the investigation leading to Adams’ arrest began in May 2018, when a special agent of the New Mexico Attorney General’s Office who was working in an undercover capacity signed into a peer-to-peer file-sharing network which allegedly was used by individuals who shared child pornography.  The special agent learned that an IP Address subscribed to Adams’ residence in Roswell allegedly was being used to share child pornography.

On June 27, 2018, state law enforcement executed a state search warrant on Adams’ residence.  While executing the search warrant, law enforcement seized multiple devices including a computer, which allegedly contained at least seven videos of suspected child pornography.

The statutory penalty for a conviction on a distribution of child pornography charge is a mandatory minimum of five years and maximum of 20 years of imprisonment.  The statutory penalty for a conviction on a possession of child pornography charge is a maximum of 20 years in 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 Roswell office of the FBI, the New Mexico Attorney General’s Office and the Chaves County Sheriff’s Office.  Assistant U.S. Attorneys Marisa A. Ong and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. 

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 – Felicia Gonzales, 31, of Rio Rancho, N.M., pled guilty today in federal court in Albuquerque, N.M, to a series of federal charges uncovered by a U.S. Postal Inspection Service investigation into a mail theft scheme.  Gonzales entered her guilty plea without the benefit of a plea agreement. 

U.S. Postal Inspectors arrested Gonzales on April 23, 2018, on a criminal complaint charging her with theft of mail, bank fraud, and identity theft.  According to the complaint, the investigation revealed that in March 2018 and April 2018, Gonzales used a counterfeit U.S. Postal Service “arrow key” to access community mailboxes in neighborhoods throughout Albuquerque and steal mail.  The investigation also revealed that Gonzales made unauthorized purchases using credit cards that were not delivered to their intended recipients.  When she was arrested, Gonzales was armed with a pistol.

Gonzales subsequently was charged in an eleven-count indictment on May 9, 2018, with one count of being a felon in possession of a firearm and ammunition, four counts of possession of stolen mail, two counts of possession of a counterfeit U.S. Postal Service “arrow key,” three counts of bank fraud, and one count of aggravated identity theft.  According to the indictment, Gonzales committed the offenses between Feb. 24, 2018 and April 23, 2018, in Bernalillo County, N.M., and elsewhere.  The indictment charged Gonzales with committing the postal theft offenses by stealing mail from mailboxes by using a counterfeit U.S. Postal Service “arrow key.”  The mail stolen included debit and credit cards with personal identifiers of victims, which were used to commit the bank fraud offenses.

During today’s change of plea hearing, Gonzales plead guilty to all eleven counts of the indictment.

Gonzales’ sentencing hearing has yet to be scheduled.  At sentencing, Gonzales faces a maximum penalty of 30 years in federal prison on the bank fraud charges, ten years on the firearms charge, five years on the postal theft charges, and ten years on arrow key theft charges.  Gonzales also faces a mandatory term of imprisonment of two years on the aggravated identity theft charge, which must be served consecutive to any other sentence imposed on the other charges. 

The U.S. Postal Inspection Service investigated this case, which is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Cory G. Bates, 29, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to 84 months in prison for violating the federal firearms laws by unlawfully possessing a firearm.  Bates will be on supervised release for three years after completing his prison sentence.

Bates, whose prior criminal history includes felony convictions for aggravated burglary with a deadly weapon, armed robbery, aggravated battery with a deadly weapon, and cocaine trafficking, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

Bates was arrested in June 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 9, 2016, in Bernalillo County, N.M.  According to the indictment, Bates was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

On Feb. 5, 2018, Bates pled guilty to the indictment and admitted that on Jan. 9, 2016, he possessed a firearm and ammunition despite his status as a convicted felon. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorney George C. Kraehe prosecuted the case.

ALBUQUERQUE – Zane Vicente, 26, an enrolled member of the Navajo Nation who resides in Magdalena, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.  Vicente’s plea agreement recommends that he be sentenced within the range of 24 to 30 months in prison followed by a term of supervised release to be determined by the court.

Vicente was arrested on Sept. 29, 2017, on a criminal complaint charging him with stabbing a Navajo man with a knife.  Vicente subsequently was indicted on Oct. 24, 2017, and was charged with assault resulting in serious bodily injury on July 29, 2017, on the Navajo Indian Reservation in Socorro County, N.M.

During today’s proceedings, Vicente pled guilty to the indictment, and admitted that on July 29, 2017, he stabbed the victim in the torso with a knife.  Vicente acknowledged that the victim underwent surgery to repair a hernia to his diaphragm and other injuries caused by the stab wound he inflicted.

Vicente has been in custody since Jan. 2018, and will remain detained pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Michael D. Murphy.

ALBUQUERQUE – Emery Calabaza, 50, an enrolled member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 216 months in prison followed by ten years of supervised release for his conviction on an aggravated sexual abuse of a minor charge.  Calabaza will be required to register as a sex offender after completing his prison sentence.

Calabaza was arrested in June 2017, on a criminal complaint charging him with sexually abusing a Kewa Pueblo child under the age of 12 years on May 30, 2017.  Calabaza subsequently was indicted on June 28, 2017.  The indictment charged Calabaza with sexually abusing a minor under the age of 12 years on two occasions between May 1, 2017 and June 6, 2017, on Kewa Pueblo in Sandoval County, N.M.

On April 17, 2018, Calabaza pled guilty to a felony information charging him with aggravated sexual abuse.  In entering the guilty plea, Calabaza admitted that between May 1, 2017 and June 6, 2017, he sexually abused the victim, who was under the age of 16-years-old. 

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

ALBUQUERQUE – Russell Young, 39, of Albuquerque, N.M., a sex offender serving a term of supervised release from a prior child pornography conviction, pled guilty yesterday in federal court in Las Cruces, N.M., to new child pornography charges. 

The FBI arrested Young on June 15, 2018, on a criminal complaint charging him with distribution and possession of child pornography in Dona Ana County, N.M.  According to the criminal complaint, on Oct. 13, 2011, Young was convicted of receiving child pornography, and was sentenced to 77 months of imprisonment followed by ten years of supervised release.  The complaint charged Young with violating the terms of his supervised release in March 2017, Oct. 2017, and Nov. 2017, by unlawfully possessing cellular smartphones with internet access.  The cellular smartphone seized from Young in Nov. 2017, contained multiple images of child pornography. 

During yesterday’s change of plea hearing, Young pled guilty to a felony information charging him with distributing and possessing child pornography.  In entering the guilty plea, Young admitted that on Nov. 4, 2017, he sent an image containing child pornography to another individual through social media.  Young also admitted that on Nov. 8, 2017, law enforcement located multiple images of child pornography which were stored on Young’s smartphone.

At sentencing, on the distribution charge, Young faces an enhanced penalty of a mandatory minimum term of imprisonment of 15 years and a maximum of 40 years instead of the otherwise applicable penalty of five to 20 years of imprisonment.  On the possession charge, Young faces an enhanced penalty of a mandatory minimum term of imprisonment of ten years and a maximum of 20 years instead of the otherwise applicable penalty of a ten-year maximum term of imprisonment.  Young faces these enhanced penalties because of his prior child pornography conviction.

This case was investigated by the Las Cruces office of the FBI.  Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch office 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, visit http://www.justice.gov/psc/.

The case also is being prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the Albuquerque Division of the FBI, and Commander Todd J. Turner of the Air Force Office of Special Investigations, Detachment 814, will hold a press conference at 11:00 AM, TODAY, FRIDAY, SEPTEMBER 21, 2018, at the U.S. Attorney’s Office in Albuquerque, N.M., to make a significant law enforcement announcement.

WHO:            

U.S. Attorney John C. Anderson

Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division

Commander Todd J. Turner of the Air Force Office of Special Investigations, Detachment 814

WHAT:         

Press Conference

WHEN:         

TODAY, FRIDAY, SEPTEMBER 21, 2018

11:00 A.M.

WHERE:      

U.S. Attorney’s Office, District of New Mexico

201 Third Street NW

10th Floor Multi-Media Room (Reception on Ninth Floor)

Albuquerque, NM 87102

OPEN PRESS

 NOTE:  All media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials.  Media representatives may begin to arrive at 10:30 a.m.  Inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at 505-224-1480 or alyssa.ferda@usdoj.gov.

ALBUQUERQUE – 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, Detachment 814, announced today that Arthur Perrault has been extradited from Morocco to the United States to face federal child sexual abuse charges in New Mexico.

Perrault, 80, a former Catholic priest who served in New Mexico under the Archdiocese of Santa Fe from 1973 to 1992, is charged in a seven-count indictment with engaging in acts constituting aggravated sexual abuse and abusive sexual contact with a minor under the age of 12.  The indictment alleges that Perrault repeatedly sexually abused 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.  

“The indictment alleges a profound breach of trust by an individual who was widely perceived as a mentor to young people and a respected figure in the community,” said U.S. Attorney Anderson.  “Although the indictment charges acts allegedly committed many years ago, this indictment should make clear that the U.S. Attorney’s Office will pursue justice for victims despite the passage of time or the many miles this defendant sought to put between himself and these alleged offenses.”

“Bringing Arthur Perrault back to New Mexico took a lot of patience and perseverance, but the FBI and our partners were determined to make sure he faced justice, no matter how long it took or how far we had to go to get him,” said FBI Special Agent in Charge Langenberg.  “We also owed it to this victim.  The FBI would like to thank the U.S. Attorney’s Office and the Air Force Office of Special Investigations for their support during this long investigation, and also extend our gratitude to the Moroccan government and our staff in that country for helping make this day possible.”

“The involvement of the Air Force Office of Special Investigations in this investigation was predicated on its role as the primary federal investigative agency for serious criminal issues affecting U.S. Air Force installations and personnel worldwide, and its responsibility to advise senior Air Force military and civilian leadership on all criminal issues affecting the Air Force,” said AFOSI Special Agent in Charge Dorval.  “Our partnership with the FBI and the U.S. Attorney’s Office brought key capabilities to this investigation that were essential to filing charges in this case.”

Moroccan law enforcement authorities arrested Perrault on Oct. 12, 2017, in Morocco on a provisional arrest warrant issued based on the charges in the indictment, which was filed under seal on Sept. 21, 2017.  The FBI assumed custody of Perrault from Moroccan authorities on Sept. 20.  The indictment was unsealed earlier today after the U.S. Attorney’s Office notified the Court that the FBI had arrested Perrault and transported him from Morocco to the United States, and was in the process of transporting him to the District of New Mexico.  Perrault is scheduled to make his initial appearance before U.S. Magistrate Judge Karen B. Molzen later this afternoon.

If convicted of the aggravated sexual abuse charges in the indictment, Perrault faces a statutory maximum penalty of a lifetime term of imprisonment.  The abusive sexual contact charge carries a maximum penalty of 10 years of imprisonment.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the FBI Albuquerque office with assistance from the Air Force Office of Special Investigations, Detachment 814, and is being prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Holland S. Kastrin of the District of New Mexico.  The extradition of Perrault is the result of close cooperation between these investigating agencies and prosecutors, the Morocco Ministry of Justice, Moroccan law enforcement authorities, the Justice Department’s Office of International Affairs, and the FBI Legal Attaché in Morocco.

Perrault is being prosecuted 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 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/.

Starting today, information about the federal prosecution of Perrault, including the indictment, will be available at https://www.justice.gov/usao-nm/priest-prosecution.  Also starting today, individuals may inquire about the pending charges or 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.

Perrault Indictment

ALBUQUERQUE -   John C. Anderson, Fiscal Federal de los EE. UU. por el Estado de Nuevo México, James C. Langenberg, Agente Especial Encargado, División de Albuquerque del Negociado Federal de Investigaciones (FBI por sus siglas en inglés) y Nicholas J. Dorval, Agente Especial Encargado, Oficina de Investigaciones Especiales de la Fuerza Aérea, Destacamento 814, anunciaron hoy que Arthur Perrault ha sido extraditado de Marruecos a los Estados Unidos para hacer frente a cargos federales de abuso sexual de menores en Nuevo México.

Perrault (80), un exsacerdote católico que cumplió con sus funciones de sacerdote bajo la Arquidiócesis de Santa Fe del 1973 at 1992, ha sido imputado en una acusación formal de siete cargos, de haber tomado parte en actos que constituyen abuso sexual con agravantes y conducta sexual abusiva con un menor de 12 años de edad.  La acusación formal alega que Perrault repetitivamente abusó sexualmente de la víctima, un menor de edad, en 1991 y 1992, estando en propiedad federal protegida, la Base Aérea de Kirkland en el Condado de Bernalillo, N.M., y en el Cementerio Nacional de Santa Fe, en el Condado de Santa Fe, N.M.    

“La acusación formal supone un gran abuso de confianza por parte de un individuo mayormente considerado consejero de gente joven y una figura respetada en la comunidad”, dijo Anderson, Fiscal Federal de los EE. UU.  “Aunque la acusación formal imputa actos que supuestamente fueron cometidos hace muchos años, esta acusación formal deberá dejar claro que la Oficina del Fiscal Federal buscará justicia para las víctimas a pesar del paso del tiempo y las distancia que este acusado intentó poner entre él y las presuntas ofensas”.

“Traer a Arthur Perrault de regreso a Nuevo México tomó mucha paciencia y perseverancia, pero el FBI y nuestros compañeros estábamos decididos a asegurarnos que se enfrentaría a la justicia, sin importar la distancia ni el tiempo que tomara capturarlo”, dijo Langenberg, Agente Especial Encargado.  “También se lo debíamos a la víctima.  El FBI quisiera dar las gracias a la Oficina del Fiscal Federal de los EE. UU., y a la Oficina de Investigaciones Especiales de la Fuerza Aérea por su apoyo durante esta larga investigación y también extender nuestra gratitud al gobierno de Marruecos, así como a nuestro personal en ese país, por ayudar a que este día fuera posible”.

“La participación de la Oficina de Investigaciones Especiales de la Fuerza Aérea en ésta investigación se basó en el papel que desempeña como agencia federal que investiga asuntos criminales serios que afectan instalaciones de la Fuerza Aérea de los EE. UU. y a su personal en todo el mundo, y en su responsabilidad de asesorar al liderazgo mayor militar y civil de la Fuerza Aérea sobre asuntos criminales afectando a la Fuerza Aérea”, dijo Dorval, Agente Especial a cargo de la Oficina de Investigaciones Especiales de la Fuerza Aérea, (AFOSI por sus siglas en inglés).  “Nuestra asociación con el FBI y con la Oficina del Fiscal Federal trajo a la luz partes claves a la investigación, mismas que fueron esenciales en la presentación de cargos”. 

Autoridades policiacas Marroquíes arrestaron a Perrault en 12 de octubre, 2017 en Marruecos bajo una orden de arresto provisional basada en los cargos de la acusación formal que había sido presentada bajo sello el 21 de septiembre, 2017.  El FBI asumió custodia de Perrault de autoridades Marroquíes el 20 de septiembre.  La acusación formal se abrió oficialmente hoy, después que la oficina del fiscal federal le notificara al tribunal que el FBI había arrestado a Perrault y lo había transportado de Marruecos a los Estados Unidos, y estaba en proceso de transportarlo al Distrito de Nuevo México.  Perrault está programado para hacer su comparecencia inicial ante la Juez Magistrada de los Estados Unidos, Karen B. Molzen esta tarde. 

De ser encontrado culpable de los cargos de abuso sexual con agravantes tal como se le imputa, Perrault enfrenta una pena legal máxima de cadena perpetua.  El cargo de contacto sexual abusivo conlleva una pena máxima de diez años de prisión.  Cargos en acusaciones formales son simplemente acusaciones, y los acusados se presumen inocentes hasta ser hallados culpables más allá de duda razonable. 

Este caso fue investigado por la oficina del FBI de Albuquerque con la ayuda de la Oficina de Investigaciones Especiales de la Fuerza Aérea, Destacamento 814, y está siendo encausado por los Fiscales Federales Auxiliares Sean J. Sullivan y Holland S. Kastrin del Distrito de Nuevo México.  La extradición de Perrault es el resultado de la cooperación estrecha entre estas agencias investigativas y fiscales, el Ministerio de Justicia de Marruecos, autoridades policiacas de Marruecos, la Oficina de Asuntos Internacionales del Departamento de Justicia y el agregado legal del FBI en Marruecos. 

Perrault está siendo procesado como parte del Proyecto Niñez Segura (Project Safe Childhood), una iniciativa nacional que comenzó en Mayo de 2006 y fue creada por el Departamento de Justicia para combatir la creciente epidemia de explotación y abuso sexual de menores.   Encabezado por oficinas de los Fiscales Federales de los Estados Unidos, la Sección de Obscenidad y Explotación de Menores de la División Criminal del Departamento de Justicia, alguaciles federales del Proyecto Niñez Segura y recursos locales y estatales para localizar, arrestar y procesar a individuos que explotan a los niños a través de la Internet, así como también para identificar y rescatar a víctimas.   Para información sobre el Proyecto Niñez Segura, por favor visite http://www.justice.gov/psc/.

A partir de hoy, información sobre el procesamiento federal de Perrault, incluyendo la acusación formal, estará disponible en http://www.justice.gov/usao-nm/priest-prosecution.  También a partir de hoy, personas pueden obtener información sobre los cargos pendientes o dar información acerca de otra conducta de Perrault, enviando un correo electrónico a la oficina del Fiscal Federal de los Estados Unidos por el Distrito de Nuevo México a usanm-priest@usdoj.gov o llamando al FBI, División de Albuquerque at 1-800-CALL-FBI. 

Perrault Acusacion Formal

ALBUQUERQUE – Aujourd’hui, le procureur fédéral John C. Anderson du district du Nouveau-Mexique et l’agent spécial en charge James C. Langenberg de l’antenne régionale du FBI à Albuquerque, avec l’agent spécial en charge Nicholas J. Dorval du Bureau d’enquêtes spéciales des Forces aériennes des États-Unis, détachement no 814, ont annoncé qu’Arthur Perrault a été extradé du Maroc vers les États-Unis pour répondre à des accusations fédérales d’abus sexuel d’un enfant au Nouveau-Mexique.

Perrault, âgé de quatre-vingt (80) ans et un ancien prêtre catholique ayant servi au Nouveau-Mexique dans l’archidiocèse de Santa Fe de 1973 à 1992, est inculpé de sept chefs d’accusations relatives à des abus sexuels qualifiés et au contact sexuel abusif avec un mineur qui n’avait pas encore atteint l’âge de douze (12) ans. L’acte d’accusation soutient que Perrault a abusé sexuellement de la victime mineure à plusieurs reprises en 1991 et en 1992 pendant qu’il se trouvait sur la base aérienne Kirtland dans le comté de Bernalillo et au cimetière national Santa Fe dans le comté de Santa Fe, lesquels sont des territoires protégés par le gouvernement fédéral.

Selon le procureur fédéral Anderson, « L’acte d’accusation soutient un abus de confiance grave par un individu généralement considéré comme un mentor pour les jeunes et une personne respectée dans la communauté ». Il continue : « Bien que l’acte d’accusation l’accuse d’actes qui auraient étés commises il y a longtemps, cette accusation devrait indiquer clairement que le Bureau du procureur fédéral demandera justice pour les victimes malgré le passage du temps ou la grande distance que l’accusé a essayé d’établir entre lui et ces infractions alléguées ».

Il a fallu beaucoup de patience et de détermination pour ramener Arthur Perrault au Nouveau-Mexique, mais le FBI et nos partenaires étaient résolus à le traduire en justice, quelle que soit la durée des affaires ou la distance parcourue pour le trouver », a remarqué l’agent spécial en charge Langenberg. « En outre, nous le devions à la victime. Le FBI souhaite remercier le Bureau du procureur fédéral et le Bureau d’enquêtes spéciales des Forces aériennes des États-Unis pour leur soutien durant cette longue enquête. Nous souhaitons également remercier vivement le gouvernement du Maroc et notre personnel sur place sans lesquels rien de tout cela n’aurait été possible ».

Le Bureau d’enquêtes spéciales des Forces aériennes des États-Unis a participé dans cette enquête, compte tenu de leur rôle en tant qu’agence fédérale principale chargée d’enquêter sur les affaires pénales graves ayant lieu sur les installations des Forces aériennes ou impliquant du personnel des Forces aériennes au niveau mondial, et leur responsabilité de conseiller la haute direction militaire et civile des Forces aériennes sur toute affaire pénale touchant les Forces aériennes », a ajouté l’agent spécial en charge Nicholas J. Dorval. « Les capacités clés issues de notre partenariat avec le FBI et le Bureau du procureur fédéral ont permis de déposer lesdites accusations dans cette affaire ».

Des autorités des forces de l’ordre marocaines ont arrêté Perrault le 12 octobre 2017 au Maroc sur base d’un mandat d’arrestation provisoire délivré comme résultat des chefs figurant sur l’acte d’accusation, lequel a été déposé sous scellé le 21 septembre 2017. Les autorités marocaines ont délivré Perrault aux autorités du FBI le 20 septembre. Le scellé a été levé plus tôt aujourd’hui après que le Bureau du procureur fédéral a avisé la Cour de l’arrestation de Perrault par le FBI et le transport de l’accusé du Maroc aux États-Unis, et que le FBI était en train de le transporter vers le district du Nouveau-Mexique. Il est prévu que Perrault comparaîtra pour la première fois devant le juge d’instruction fédéral Karen B. Molzen cet après-midi.

S’il est condamné des accusations d’abus sexuel qualifié figurant sur l’acte d’accusation, Perrault est passible d’une peine statutaire maximale d’emprisonnement à vie. L’accusation de contact sexuel abusif est passible d’une peine maximale de dix (10) ans de prison. Les chefs dans un acte d’accusation ne sont que des allégations et les accusés sont présumés innocents jusqu’à ce que leur culpabilité soit établie au-delà de tout doute raisonnable devant un tribunal.

L’antenne régionale du FBI à Albuquerque, avec l’aide du Bureau d’enquêtes spéciales des Forces aériennes des États-Unis, détachement no 814, a mené cette enquête, et les procureurs fédéraux adjoints Sean J. Sullivan et Holland S. Kastrin du district du Nouveau-Mexique engagent les poursuites. L’extradition de Perrault est le résultat d’une étroite collaboration entre ces agences d’enquête, les procureurs, le Ministère de la Justice du Maroc, des autorités des forces de l’ordre marocaines, le Bureau des affaires internationales du Département de la Justice des États-Unis et l’Attaché juridique près l’ambassade des États-Unis au Maroc.

Perrault sera poursuivi en justice dans le cadre du projet « Project Safe Childhood », un effort national initié en mai 2006 par le Département de la Justice pour combattre l’épidémie croissante de l’exploitation et abus sexuel des enfants. Mené par les bureaux des procureurs fédéraux et la Branche sur l’exploitation infantile et l’obscénité au sein de la Division contre la criminalité du Département de la Justice, le « Project Safe Childhood » a pour objet de localiser, interpeller et poursuivre en justice les individus qui exploitent les enfants en utilisant l’Internet, et d’identifier et sauver les victimes en rassemblant les ressources de l’État, des régions et des localités. Pour plus de renseignements sur « Project Safe Childhood », veuillez consulter le site Web http://www.justice.gov/psc/.

À partir d’aujourd’hui, des informations sur les poursuites fédérales contre Perrault, y compris l’acte d’accusation, seront disponibles sur https://www.justice.gov/usao-nm/priest-prosecution. En outre, pour demander des renseignements sur les accusations contre lui ou pour fournir des informations sur d’autres activités de Perrault, on vous invite désormais à contacter le Bureau du procureur fédéral par courriel à l’adresse USANM.priest@usdoj.gov ou de téléphoner à l’antenne régionale du FBI à Albuquerque au 1-800-2255-324.

Perrault Acte D' Accusation

ALBUQUERQUE – Lena Quintana, 44, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to a voluntary manslaughter charge.

Quintana was arrested on Nov. 27, 2017, on an indictment charging her with second degree murder on Sept. 7, 2016, on the Kewa Pueblo in Sandoval County, N.M.  According to the indictment, Quintana killed the victim by hitting him with a vehicle.

During yesterday’s proceedings, Quintana pled guilty to a felony information charging her with voluntary manslaughter.  In entering the guilty plea, Quintana admitted that on Sept. 7, 2016, she killed the victim by driving her vehicle at a high rate of speed towards the victim and hitting him while he was walking on the side of the road.  Quintana acknowledged that the victim died as the result of her actions.

At sentencing, Quintana faces a statutory maximum penalty of 15 years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services.  Assistant U.S. Attorney Elisa Dimas is prosecuting the case.

ALBUQUERQUE – The U.S. Attorney’s Office for the District of Utah along with the U.S. Attorney’s offices for the Districts of New Mexico, Colorado and Arizona will host the 26th Annual Four Corners Indian Country Conference at the Buffalo Thunder Hotel in Santa Fe, N.M., on Sept. 18-20, 2018. 

The annual conference, which is sponsored by the U.S. Department of Justice’s Office for Victims of Crime and the U.S. Attorneys for the Districts of Utah, New Mexico, Colorado and Arizona, promotes a collaborative approach to addressing the needs of victims of crime in Indian Country in the Four Corners’ region.  In addition to representatives of the four U.S. Attorney’s Offices and other DOJ agencies, conference participants will include tribal leaders, victim advocates and social services providers, tribal judges and prosecutors, and law enforcement officers.

This annual conference, which is hosted by each of the four districts on a rotating basis, exemplifies the Justice Department’s commitment to addressing the high rates of victimization of our women and children in our Native communities.  The conference theme – “Exploring the Power of our Work: Building our Capacity to Assist Victims and Strengthening our Own Ability to be Resilient” – embodies what the Department of Justice is striving to achieve in Indian Country; helping victims overcome trauma, and preventing these crimes from reoccurring in the future.  The conference provides a forum for developing strategies for assisting victims of crime and tackling other serious public safety challenges confronting our Native communities.  It provides an opportunity for DOJ officials to hear from members of our Native communities about their needs and to work with them to address their unique challenges.

The opening session of the 26th Annual Four Corners Indian Country Conference on Tuesday, Sept. 18, 2018, will be open press and will include welcoming remarks by Utah U.S. Attorney John W. Huber, New Mexico U.S. Attorney John C. Anderson, Colorado First Assistant U.S. Attorney Matthew Kirsch and Arizona First Assistant U.S. Attorney Elizabeth A. Strange.  The opening session on the second day of the conference on Wednesday, Sept. 19, 2018, will also be open press and will include opening remarks from Jesse Panuccio, Principal Deputy Associate Attorney General of the U.S. Department of Justice.  Justice Department officials will be available for interviews at the conclusion of the opening sessions.

WHO:            

Principal Deputy Associate Attorney General Jesse Panuccio of the Department of Justice

U.S. Attorney John W. Huber for the District of Utah

U.S. Attorney John C. Anderson for the District of New Mexico

First Assistant U.S. Attorney Matthew Kirsch for the District of Colorado

Fist Assistant U.S. Attorney Elizabeth A. Strange for the District of Arizona

WHAT:         

Opening sessions of the 26th Annual Four Corners Indian Country Conference

WHEN:         

TUESDAY, SEPT. 18, 2018, 1:00 P.M. – 2:00 P.M.

WEDNESDAY, SEPT. 19, 2018, 8:30 A.M. – 9:00 A.M.

WHERE:      

Hilton Santa Fe Buffalo Thunder

20 Buffalo Thunder Trail

Santa Fe, N.M., 87506

OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Inquiries regarding logistics should be directed to Alyssa Ferda at 505-366-1463 or alyssa.ferda@usdoj.gov.

ALBUQUERQUE – Joe Lee Haines, 36, an enrolled member of the Navajo Nation who resides in Tinian, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child abuse charge.  Haines’ plea agreement recommends a prison sentence of a year and a day followed by a term of supervised release to be determined by the court.

Haines was arrested on Sept. 21, 2017, on a criminal complaint charging him with child abuse.  According to the complaint, Haines placed the barrel of a firearm into the mouth of an 11-year-old child.  Haines subsequently was indicted on Oct. 11, 2017, and charged with child abuse on Sept. 1, 2017, on the Navajo Indian Reservation in McKinley County, N.M.

During today’s proceedings, Haines pled guilty to the indictment and admitted that on Sept. 1, 2017, while he was intoxicated, he accused a child under the age of 18 years of stealing money from his wallet.  After the child fell asleep, Haines admitted that he placed a rifle into the child’s mouth, accused the child of taking money and threatened to pull the trigger.

A sentencing hearing has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.

ALBUQUERQUE – Timothy Marquez, 23, of Bayard, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with receiving and possessing child pornography.  Marquez remains in federal custody pending a preliminary hearing and a detention hearing, both of which are currently scheduled for Sept. 25, 2018.

According to the criminal complaint, the investigation leading to Marquez’s arrest began in Dec. 2017, when the New Mexico State Police (NMSP) followed up on a report from the National Center for Missing and Exploited Children regarding an email address subscribed to Marquez’s Bayard residence that allegedly was used to upload at least 22 files of child pornography.  On May 15, 2018, the NMSP executed a search warrant at the residence.

While executing the search warrant, the officers seized several items including several digital media devices.  The complaint further alleges that Marquez used online social networking websites to receive and view child pornography.

The statutory penalty for a conviction on a receipt of child pornography charge is a statutory mandatory minimum penalty of five years and maximum penalty of 20 years of imprisonment.  The statutory penalty for a conviction on a possession of child pornography charge is a statutory maximum penalty of ten years imprisonment.  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 Homeland Security Investigations, the NMSP and the Las Cruces Police Department.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 – Alvin J. Valencia, 60, an enrolled member and resident of San Felipe Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an aggravated sexual abuse charge.  Valencia entered the guilty plea under a plea agreement that recommends a term of imprisonment within the range of 180 to 240 months followed by a term of supervised release to be determined by the court.  Valencia also will be required to register as a sex offender.

Valencia was arrested in Feb. 2018, on a criminal complaint charging him with repeatedly sexually abusing a San Felipe Pueblo child between the ages of 12 and 16 years from Jan. 2017 through Dec. 2017.  

Valencia subsequently was charged in a two-count indictment filed on Feb. 14, 2018, with sexually abusing a minor between the ages of 12 and 16 years from May 2017 through Sept. 2017, on the San Felipe Pueblo in Sandoval County, N.M.

During today’s proceedings, Valencia pled guilty to a felony information charging him with aggravated sexual abuse.  In entering the guilty plea, Valencia admitted that between May 2017 and Sept. 2017, he sexually abused a 14-year-old victim. 

Valencia was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services.   Assistant U.S. Attorney Joseph M. Spindle is prosecuting this 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 – Daniel Jimmy Morgan, 29, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. 

The FBI arrested Morgan on Aug. 3, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on July 29, 2016.  According to the criminal complaint, Morgan killed the victim by kicking the victim in the head and hitting him in the back and knees with a sledgehammer.

Morgan was indicted on Aug. 23, 2016, and was charged with second-degree murder.  According to the indictment, Morgan committed the offense on July 29, 2016, in McKinley County.

During today’s proceedings, Morgan pled guilty to a felony information charging him with voluntary manslaughter.  In entering the guilty plea, Morgan admitted that on July 29, 2016, he killed the victim by striking the victim in the head and chest with the intent to cause serious bodily injury. 

The Navajo Nation Division of Public Safety arrested Morgan on tribal charges on July 30, 2016.  Morgan was transferred into federal custody when he was arrested by the FBI on Aug. 3, 2016.  Morgan has been in federal custody since that time and will remain detained until his sentencing hearing, which has yet to be scheduled.  At sentencing, Morgan faces a maximum penalty of 15 years in federal prison.

The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Sarah Mease.

ALBUQUERQUE – Luis Trejo, 54, of El Paso, Texas, pled guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

Trejo was arrested on April 16, 2018, on a three-count indictment charging him with distributing methamphetamine on three dates in June 2017.  According to the indictment, Trejo committed the offenses in Dona Ana County, N.M.

During today’s proceedings, Trejo pled guilty to the indictment and admitted distributing quantities of methamphetamine to an undercover law enforcement agent on the following dates: approximately 52 grams on June 13, 2017; approximately 55 grams on June 15, 2017; and approximately 52 grams on June 21, 2017.  Trejo acknowledged obtaining the methamphetamine from an individual and distributing the methamphetamine to others in exchange for money. 

At sentencing, Trejo faces a maximum penalty of 20 years in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by Homeland Security Investigations and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Christopher Hernandez Meza, 35, of Deming, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to distributing child pornography.  Based on his guilty plea, Meza faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in prison.  He also will be required to register as a sex offender after he completes his prison sentence.    
Meza was arrested in May 2018, on a criminal complaint charging him with possessing and distributing child pornography from March 2018 through April 2018, in Luna County, N.M.  According to the criminal complaint, the investigation leading to Meza’s arrest was initiated in March 2018, after an FBI agent who was working in an undercover capacity in Oklahoma signed into a publicly available peer-to-peer file-sharing network that was being used by individuals who were sharing child pornography images and videos.  The agent learned that an IP Address and email address subscribed to Meza were being used to share child pornography. 

On May 3, 2018, the FBI executed a search warrant at Meza’s residence.  While executing the search warrant, FBI agents seized a computer that contained more than a dozen video files and more than a hundred image files of child pornography.

During today’s proceedings, Meza pled guilty to a felony information charging him with distributing child pornography.  In entering the guilty plea, Meza admitted that on March 27, 2018, he distributed child pornography by giving another person, who unbeknownst to Meza was an undercover law enforcement agent, access to a password protected online file folder, which contained numerous images of minors engaged in sexually explicit conduct. 

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

The case was investigated by the Las Cruces office of the FBI with assistance from the Deming Police Department and the Deming office of New Mexico State Probation.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the National Center for Missing and Exploited Children at 1-800-THE-LOST.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 – Arturo Vargas, 55, a businessman from El Paso, Texas, pleaded guilty today in federal court in Albuquerque, N.M., to participating in a fraudulent scheme to defraud the United States out of millions of dollars through contracts involving the now defunct Big Crow Program Office at Kirtland Air Force Base in Bernalillo County, N.M. 

Vargas entered the guilty plea to one of the conspiracy charges in the 46-count indictment charging him with conspiring to defraud the United States with respect to claims.  Vargas’s plea agreement, attached to this press release, includes a five-page admission of facts in which he acknowledges and accepts responsibility for the criminal conduct attributed to him in the indictment.

Vargas remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.  Under the terms of the plea agreement, Vargas will be sentenced to a term of imprisonment within the range of 0 to 21 months, and the Court will determine any fine, restitution, and the length and conditions of supervised release imposed on Vargas.  The United States has agreed to move to dismiss the remaining charges against Vargas after he is sentenced.

Vargas’s business partner, Jose Diaz, 59, also of El Paso, previously entered a guilty plea and admitted his involvement in the fraudulent scheme in April 2018.  Diaz pled guilty to three counts, a conspiracy charge and two fraud charges, of the indictment and acknowledged the criminal conduct attributed to him in the indictment.  Diaz remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.  His sentencing exposure is discussed below.  The United States will move to dismiss the remaining charges against Diaz after he is sentenced.

Summary of the Indictment

Vargas, Diaz, and their co-defendants, Milton Boutte, 73, of Moriarty, N.M., and George Lowe, 56, of Fort Washington, Md. were indicted in Nov. 2017, in a 46-count indictment charging them with perpetuating a fraudulent scheme to defraud the United States from Oct. 2004 through Feb. 2009, in Bernalillo County, N.M., and elsewhere.  The indictment generally alleged that the defendants perpetuated their scheme by submitting fraudulent invoices to federal agencies and fraudulently participating in a government program intended to promote minority-owned small businesses.  According to the indictment, beginning in fall 2004, Boutte, who was then the Director of the Big Crow Program Office, and Lowe, a lobbyist, conspired and schemed with Diaz and Vargas, owners of minority-owned small businesses who had contracts with the Big Crow Program Office, to pay lobbyists, consultants and contractors with funds fraudulently obtained from the United States.  The defendants allegedly did so even though the Big Crow Program Office was not authorized to lobby or to expend appropriated funds for lobbying activities under the contracts they were operating under.

The indictment alleged that the defendants facilitated their fraudulent scheme by exploiting a U.S. Small Business Administration (SBA) program intended to promote the development of small businesses owned by socially and economically disadvantaged individuals by making them eligible to obtain sole-source contracts from government agencies without competitive bidding.  In April 1995, Diaz enrolled his company, Miratek, in the SBA program and in 2004 Miratek received a sole-source contract to provide technical and managerial support for the Big Crow Program Office.  After the sole-source contract was awarded to Miratek, the defendants allegedly conspired fraudulently to misapply funds to pay Lowe and other lobbyists for lobbying on Big Crow’s behalf, allegedly diverting at least $529,000 of the contract funds to pay Lowe and his firm, Broadcreek Associates.  This allegedly violated the conditions of the SBA program and of Miratek’s contract because lobbying services were not within the authorized scope of work and because Lowe was not an employee of Miratek.  In furtherance of their alleged frauds, the defendants allegedly disguised the nature of the claims for services purportedly provided by Lowe and other lobbyists.

The indictment alleged that, in April 2004, after Miratek’s eligibility for the SBA program expired, the defendants created a joint venture to take its place in the fraudulent scheme.  According to the indictment, Diaz and Vargas created a joint venture known as Vartek, LLC, to afford Diaz the ability to continue to have access to sole-source contracts under the SBA program and to enable the defendants to continue to perpetuate their scheme to defraud the United States.  The SBA relied on the promises and representations of Diaz and Vargas and approved the Vartek joint venture on Dec. 20, 2005.  Vartek was awarded two sole-source contracts, valued at approximately $3,209,116 and $3,847,939, respectively, to provide technical and analytical support for the Big Crow Program Office similar to the contracts previously awarded to Miratek.

The indictment further alleged that Diaz and Vargas misappropriated funds authorized under the Vartek contracts to pay Lowe and other unauthorized lobbyists, consultants and contractors at Boutte’s direction.  Diaz and Vargas submitted fraudulent invoices to the U.S. Army Contracting Agency containing claims for payment for services purportedly provided by Lowe and other lobbyists, consultants and contractors.  To conceal and disguise the nature of those payments, Diaz and Vargas misrepresented in those invoices that Lowe and other lobbyists, consultants and contractors were Vartek employees.  To further disguise the diversion of large sums, Diaz and Vargas made fictional claims for work purportedly performed under the contracts by other persons.  Diaz and Vargas fabricated the hours that those purported employees worked on the contracts.  Diaz and Vargas falsely represented that the lobbyists and consultants were “project managers” and billed the government at or near the highest rate allowed under the contracts.  In aggregate, Diaz and Vargas fraudulently claimed and obtained payments under the Vartek contracts totaling more than $5,800,000 for lobbyists, consultants and unauthorized contractors, of which at least $506,000 was diverted and paid to Lowe and his firm, Broadcreek Associates.  Diaz also falsified and fabricated the hours that he himself worked under those contracts.

The indictment includes forfeiture provisions requiring that the defendants forfeit to the United States any property, real or personal, which constitutes or is derived from proceeds of their crime if the defendants are convicted of the offense of conspiracy to commit wire fraud.

Statutory Penalties for Charges in Indictment 17-CR-3338-JB

Count 1 charges Boutte, Diaz, Vargas and Lowe with conspiracy to defraud the United States with respect to claims, in violation of 18 U.S.C. § 286, and carries a maximum penalty of ten years of imprisonment and a fine of not more than $250,000 or twice the pecuniary loss or gain.

Count 2 charges Boutte, Diaz, Vargas and Lowe, with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and carries a maximum penalty of 20 years of imprisonment and a fine of not more than $250,000 or twice the pecuniary loss or gain.

Counts 3 and 4 charge Boutte, Diaz and Vargas with fraud against the United States, in violation of 18 U.S.C. § 1031, and aiding and abetting such fraud, in violation of 18 U.S.C. § 2.  Each charge carries a maximum penalty of 20 years of imprisonment and a fine not more than $5,000,000 if the loss is less than $500,000, but not to exceed $10,000,000 in the aggregate.

Counts 5 through 46 charge certain of the defendants with making false, fictitious and fraudulent claims, in violation of 18 U.S.C. § 287, and aiding and abetting the making of such claims, in violation of 18 U.S.C. § 2.  Each charge carries a maximum penalty of five years of imprisonment and a fine of not more than $250,000.  Counts 5 through 9 charge Boutte, Diaz and Lowe; Counts 10 through 22 charge Boutte, Diaz, Vargas and Lowe; Counts 23 through 24 charge Boutte, Diaz and Vargas; and Counts 25 through 46 charge Boutte, Diaz and Vargas. 

Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The case was investigated by the Major Procurement Fraud Unit of the U.S. Army Criminal Investigations Command, Defense Criminal Investigations Services, Defense Contract Audit Agency – Investigative Support, and U.S. Small Business Administration Office – Office of Inspector General, and General Services Administration – Office of Inspector General.  Assistant U.S. Attorneys Timothy S. Vasquez and Jeremy Peña are prosecuting the case.

Vargas Plea Agreement