District of New Mexico

ALBUQUERQUE – Daniel Penrod, 29, of Albuquerque, N.M., was sentenced today in federal court to 96 months (eight years) of imprisonment followed by three years of supervised release for violating the federal firearms laws by being a felon in possession of a firearm and ammunition.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Penrod in Jan. 2018, on a criminal complaint that charged Penrod with being a felon in possession of a firearm and ammunition on Jan. 16, 2018, in Bernalillo County, N.M.  According to the criminal complaint, while Deputy U.S. Marshals were executing an arrest warrant on Penrod for a probation violation, Penrod attempted to flee.  During the pursuit that ensued, Penrod turned towards a Deputy U.S. Marshal and drew a loaded firearm out of his waistband, whereupon the Deputy U.S. Marshal disarmed and arrested Penrod. 

On May 3, 2018, Penrod pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Penrod admitted that he possessed a firearm, which he pulled from his waistband as he turned toward the Deputy U.S. Marshal who was pursuing him on Jan. 16, 2018.  Penrod acknowledged that at the time, he was prohibited from possessing firearms or ammunition because of his prior felony convictions for receiving or transferring a stolen motor vehicle, 2nd degree murder, and battery upon a police officer. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service.  Assistant U.S. Attorney Kimberly A. Brawley 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 – Ronald J. Martinez, 44, an enrolled member and resident of Ohkay Owingeh Pueblo, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition.

Martinez was arrested in April 2017, on a criminal complaint charging him with assaulting an officer of the Ohkay Owingeh Tribal Police Department (Police Department) with a dangerous weapon and being a felon in possession of a firearm.  According to the complaint, the offenses occurred when the officer responded to a call reporting that Martinez was threatening to shoot himself.  When the officer arrived at the scene, Martinez assaulted the officer by threatening him with a large wooden stick.  A shotgun was seized from the residence after Martinez was subdued and taken into custody. 

Martinez was indicted on May 24, 2017, and was charged with assault with a dangerous weapon and with being a felon in possession of a firearm and ammunition.  The indictment alleged that Martinez committed the crimes in April 2017, on Ohkay Owingeh Pueblo in Rio Arriba County, N.M.  At the time, Martinez was prohibited from possessing firearms or ammunition because of his prior felony convictions for shooting at a dwelling, unlawful use of a firearm, assault resulting in serious bodily injury, and discharging of a firearm during a crime of violence. 

During today’s change of plea hearing, Martinez pled guilty to being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Martinez admitted that on April 20, 2017, he unlawfully possessed a loaded firearm on Ohkay Owingeh Pueblo.  Martinez acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

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

This case was investigated by the Northern Pueblos Agency of the BIA’s, Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.

ALBUQUERQUE – Asa Jake, 40, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse charges.  Jake’s plea agreement recommends a 15-year prison sentence followed by a term of supervised release to be determined by the court.  He also will be required to register as a sex offender.

Jake was arrested on April 25, 2018, on an eight-count indictment charging him with sexually abusing a child under the age of 12 between Nov. 2013 and Dec. 2015.  The indictment alleged that Jake committed two acts of abusive sexual contact between Aug. 2015 and Dec. 2015, and six acts of aggravated sexual abuse between Nov. 2013 and Dec. 2015.  According to the indictment, Jake committed the crimes on the Navajo Indian Reservation in McKinley County, N.M.

During today’s proceedings, Jake pled guilty to two counts of abusive sexual contact.  In entering the guilty plea, Jake admitted sexually abusing the child, who was under the age of 12, on two separate occasions between Aug. 2015 and Dec. 2015, at a location on the Navajo Indian Reservation. 

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

This case was investigated by the Gallup office of the FBI and the Ramah Navajo Tribal Police Department.  Assistant U.S. Attorney Elisa C. Dimas 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 – Steven Vaillancourt, II, 45, of Las Cruces, N.M., was arraigned this morning in federal court on an indictment charging him with child pornography offenses.  Vaillancourt entered a not guilty plea to the charges during this morning’s arraignment hearing, and was ordered detained pending trial based on judicial findings that he poses a risk of flight and a danger to the community.

The indictment on which Vaillancourt was arraigned during today’s proceedings was filed on July 18, 2018.  It charges Vaillancourt with two counts of distributing child pornography and three counts of possessing child pornography.  According to the indictment, Vaillancourt committed the offenses in March 2018 in Dona Ana County, N.M. 

Vaillancourt was arrested on child pornography offenses in March 2018.  According to the criminal complaint in which he was charged, Homeland Security Investigations executed a search warrant on an email account, which revealed that Vaillancourt allegedly had been communicating with another individual about sharing and producing child pornography of that individual’s minor children.  Vaillancourt also allegedly sent three child pornography images to the individual’s cellular phone through text messaging.

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 and indictments 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 Homeland Security Investigations and the Las Cruces Police Department with assistance from the National Recognizance Office, Office of Inspector General.  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 – Christopher Glotfelty, 36, of Albuquerque, N.M., pleaded guilty this morning in federal court to production and possession of child pornography charges.  Glotfelty entered the guilty plea under a plea agreement that recommends that he be sentenced to a 25-year term of imprisonment followed by 15 years of supervised release.  Glotfelty also will be required to register as a sex offender after he completes his prison sentence.

The FBI charged Glotfelty in a criminal complaint filed on June 6, 2017, with producing and possessing child pornography from March 2014 through May 2017, in Bernalillo County, N.M.  According to the complaint, the Albuquerque Police Department (APD) initiated an investigation into Glotfelty in May 2017, after receiving information and evidence supporting allegations that Glotfelty produced child pornography of himself engaging in sexual activity with two minor victims.  The complaint alleged that images of child pornography were contained in four thumb drives, two memory sticks, and a camera that allegedly belonged to Glotfelty. 

Glotfelty and his co-defendant and wife, Danielle Glotfelty, 32, were charged with child pornography offenses in a six-count indictment that was filed on July 11, 2017.  The indictment charged Glotfelty and Danielle Glotfelty with producing child pornography on March 5, 2014.  It also charged Glotfelty with producing child pornography on April 29, 2014, and possessing child pornography on two thumb drives and a memory stick within a camera on May 11, 2017.  According to the indictment, the defendants committed the crimes in Bernalillo County.

During today’s change of plea hearing, Glotfelty pled guilty to one count of producing child pornography and one count of possessing child pornography.  In entering the guilty plea, Glotfelty admitted that on March 5, 2014, he used a digital camera to produce child pornography of a seven-year-old child, and saved the video recording on a memory stick within the digital camera.  Glotfelty also admitted that from 2014 through May 2017, he possessed a thumb drive that contained approximately 297 images and nine videos of child pornography. 

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

Danielle Glotfelty has entered a plea of not guilty to the charges against her and is pending trial.  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 Albuquerque office of the FBI and the APD.  Assistant U.S. Attorney Jonathon M. Gerson 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/.

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 – A federal jury sitting in Albuquerque, N.M., returned a verdict today finding Anthony Cordova, 53, of Albuquerque, guilty of racketeering and murder charges following a two-and-a-half-week trial before U.S. District Judge James O. Browning. 

Cordova and 11 co-defendants were charged with racketeering offenses in a four-count indictment filed in April 2016.  Thereafter, three defendants entered guilty pleas.  In March 2017, Cordova and nine co-defendants were charged in a three-count superseding indictment. 

The superseding indictment charged the ten 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 superseding indictment alleged that the defendants were members and associates of the SNM Prison Gang, a state-wide gang operating in New Mexico prisons and in communities throughout the state.  According to the superseding 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.  Gang members and associates allegedly 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 allegedly subject to violent forms of discipline.  The superseding indictment alleged that 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 superseding indictment also charged Cordova and Christopher Garcia, 43, of Albuquerque, with committing murder in aid of the racketeering enterprise on Feb. 4, 2005, and Cordova with using a firearm to cause a death on Feb. 4, 2005.  The superseding indictment charged Cordova and his co-defendants with committing the crimes charged in Bernalillo County, N.M., and other locations in New Mexico for the purpose of gaining entrance into and maintaining and increasing their stature within the SNM Prison Gang.

Trial on the two charges in the superseding indictment against Cordova began on July 9, 2018, and concluded this afternoon when the jury returned guilty verdicts against Cordova on the offenses of committing murder in aid of a racketeering enterprise and using a firearm to commit that murder. 

Testimony at trial established how the SNM Prison Gang was born out of one of the bloodiest prison riots in U.S. history.  In the 1980s, the Gang grew until it became the largest prison gang in New Mexico and controlled the prisons through acts of violence including murder, assault, acts of extortion, and drug trafficking.  Jurors learned that the Gang’s main rule is that the SNM Prison Gang comes first regardless, and if someone disrespects a Gang member in any way, the SNM Prison Gang must retaliate.  The penalty for violating the SNM Prison Gang’s rules – including cooperating with law enforcement, being a member of a rival gang, or disrespecting an SNM gang member – is death.  Jurors learned that the importance of drugs, power, and respect of the SNM Prison Gang is not confined within prison walls, but extend beyond those walls.    

The jury also learned about the SNM Prison Gang’s structure from several SNM Prison Gang members and former members who testified during the trial.  They learned about “associates” like Cordova, who are non-gang members who associate with the Gang and help the Gang’s cause by running drugs for SNM drug dealers and sending drugs and money to SNM Prison Gang members serving prison sentences.  “Prospects” of the SNM Prison Gang are individuals interested in becoming members of the Gang.  “Soldiers” are Gang members who commit the violence and enforce the rules at the direction of Gang leaders.  “Hitters” are members who traffic drugs for the SNM Prison Gang, supply members with drugs and use drugs as a means of controlling individuals, including corrections officials.  “Key holders” are those at each prison facility who are control and call the shots within the facility.  The main leader is in charge of the entire SNM Prison Gang and gang members carry out his orders. 

Jurors heard from law enforcement officers and cooperating Gang members that when an SNM member is released from prison, they are expected to continue to support the Gang through criminal activity, including by drug trafficking.  Garcia was the main drug dealer and supplier for the SNM Prison Gang and held significant power outside of prison.  SNM members released from prison were sent to Garcia for their “starter kit” of drugs to start dealing.  The victim in this case, “S.D.,” was a problem for the SNM Prison Gang beginning in approximately 2001, and in Feb. 2004, he made the fatal mistake of disrespecting Garcia, a SNM Prison Gang member, by shooting him in the stomach.  SNM had to retaliate against that disrespect and a bounty was placed for the murder of “S.D.”

Testimony at trial established that in Feb. 2005, Cordova and another individual agreed with Garcia to murder “S.D.”  Garcia planned a trip to Las Vegas, Nev., so that he would have an alibi, and provided Cordova with firearms to use in murdering “S.D.”  Evidence established that on the evening of Feb. 4, 2005, Cordova and the other individual drove to a gas station where “S.D.” was known to sell drugs, and Cordova told the other individual to kill “S.D.”  The other individual did not ultimately shoot “S.D.,” so Cordova took it upon himself to commit the murder.  Cordova followed “S.D.,” on a secluded road, and fired five shots, killing “S.D.,” by shooting him in the neck and chest.  Testimony established that Cordova killed “S.D.,” in exchange for payment in money and drugs from Garcia in retaliation for “S.D.,” disrespecting SNM when he shot Garcia.   

The jury deliberated approximately seven hours before returning the guilty verdict.          

At sentencing, Cordova faces a statutory mandatory penalty of life imprisonment.  Cordova has been in custody since his arrest in May 2016, and will remain detained pending a sentencing hearing which has yet to be scheduled.

Cordova’s nine co-defendants in the superseding indictment have pleaded guilty or have been convicted in related prosecutions to the SNM prison gang.

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 – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Mario Javier Jauregui-Alvidrez, 43, a Mexican national, with a methamphetamine trafficking offense arising out of the seizure of ten pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico on July 16, 2018.  Jauregui-Alvidrez was remanded into custody pending trial, which has yet to be scheduled.

U.S. Border Patrol agents arrested Jauregui-Alvidrez on July 16, 2018, after seizing approximately 4.5 kilograms (10.1 pounds) of methamphetamine allegedly concealed in Jauregui-Alvidrez’s vehicle.  According to the criminal complaint, the agents allegedly found the methamphetamine while inspecting Jauregui-Alvidrez’s vehicle at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces, in Dona Ana County, N.M.

If convicted of the charges in the criminal complaint, Jauregui-Alvidrez faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison, and will be deported after serving his term of incarceration.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA.  Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Nathan Little, 31, an enrolled member of the Mescalero Apache Nation who resides in Ruidoso, N.M., pled guilty on July 20, 2018, in federal court in Las Cruces, N.M., to assaulting a federal officer.

The BIA arrested Little on April 27, 2018, on a criminal complaint charging him with assaulting a federal officer in Nov. 2017.  According to the criminal complaint, Little assaulted a BIA officer on Nov. 18, 2017, punching him in the face repeatedly while he was being booked into custody at the Lincoln County Detention Center in Lincoln County, N.M., following a traffic stop that revealed that Little had outstanding warrants.             

On July 20, 2018, Little pled guilty to a felony information charging him with assault on a federal officer.  In entering the guilty plea, Little admitted assaulting a BIA officer on Nov. 18, 2017, by punching him in the face. 

Little has been in federal custody since his arrest on the criminal complaint and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Little faces a maximum penalty of eight years in federal prison.  A sentencing hearing has yet to be scheduled.

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

ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Jorge Luis Vargas-Talamantes, 29, a legal permanent resident from Mexico who resides in El Paso, Texas, with a cocaine trafficking offense.  The charge arises from a U.S. Border Patrol seizure of 12.57 pounds of cocaine at a checkpoint in southern New Mexico on July 16, 2018.  Vargas-Talamantes was remanded into custody pending trial, which has yet to be scheduled.

U.S. Border Patrol agents arrested Vargas-Talamantes on July 16, 2018, after seizing approximately 5.7 kilograms (12.57 pounds) of cocaine allegedly concealed in Vargas-Talamantes’ vehicle.  According to the criminal complaint, the agents allegedly found the cocaine while inspecting Vargas-Talamantes’ vehicle at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M., in Otero County, N.M.

If convicted of the charges in the criminal complaint, Vargas-Talamantes faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison, and will be deported after serving his term of incarceration.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA.  Assistant U.S. Attorney Clara Cobos is prosecuting the case.

ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, and Chief Patrol Agent Aaron A. Hull of the U.S. Border Patrol El Paso Sector announced that a Mexican national has pleaded guilty to heroin and fentanyl trafficking charges.  Roberto Esmerardo Lopez-Gaxiola, 35, pled guilty yesterday in federal court in Las Cruces, N.M., to charges arising out of the seizure of more than nine pounds of heroin and more than a pound of fentanyl at a U.S. Border Patrol checkpoint in southern New Mexico in March 2018.

U.S. Border Patrol agents arrested Lopez-Gaxiola on March 14, 2018, after seizing approximately 4.2 kilograms (9.25 pounds) of heroin and 661.6 grams (1.46 pounds) of fentanyl concealed in Lopez-Gaxiola’s vehicle.  According to the criminal complaint, the agents found the heroin and fentanyl in Lopez-Gaxiola’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 north of Las Cruces near Truth or Consequences, N.M., in Sierra County, N.M.

During yesterday’s change of plea hearing, Lopez-Gaxiola pled guilty to a felony information charging him with possession of heroin and fentanyl with intent to distribute.  In entering the guilty plea, Lopez-Gaxiola admitted that on March 14, 2018, U.S. Border Patrol agents found seven bundles containing approximately 4.2 kilograms of heroin and six bundles containing approximately 641.25 grams of fentanyl concealed in his vehicle during a routine inspection.  Lopez-Gaxiola admitted that he intended to deliver the drugs to others in Albuquerque, N.M., in exchange for payment.

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

This case was investigated by the U.S. Border Patrol and the Las Cruces Office of the DEA.  Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office 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 – Four more of the 22 defendants charged with federal drug trafficking and international money laundering charges in a superseding indictment filed in Aug. 2017, entered guilty pleas in federal court in Las Cruces, N.M., this week

Twenty-three defendants were charged on April 19, 2017, in a 44-count indictment, as the result of a 16-month DEA-led federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois.  During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles.  The investigation concluded in April 2017, with a multi-agency law enforcement operation that included the execution of arrest warrants in New Mexico and Texas, and six search warrants in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.

A superseding indictment was filed on Aug. 16, 2017, that included all of the charges from the indictment but removed one defendant.  The superseding indictment charged the 22 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017.  It also charged nine of the defendants with participating in an international money laundering conspiracy during that same period in time.  The superseding indictment also charged certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities, and one defendant with a firearms offense.

The superseding indictment included 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy, which described the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved.  For example, the overt acts set forth in the superseding indictment alleged that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; to Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin and 3.56 kilograms of methamphetamine from a courier at a U.S. Border Patrol checkpoint in Oct. 2016.

The superseding indictment also included forfeiture allegations, which sought forfeiture to the United States of the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation. 

The following four defendants entered guilty pleas this week:

• Omar Fernandez, 22, of Albuquerque, N.M., pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and using a communication facility in furtherance of a drug trafficking crime.  Fernandez admitted that between June 2016 and Nov. 2016, he conspired with others to distribute drugs in New Mexico and elswhere by receiving drugs that had been transported from El Paso, Texas, and southern New Mexico to Albuquerque.  Fernandez acknowledged responsibility for trafficking approximately 11.64 kilograms of methamphetamine and 5.38 kilograms of heroin while he was involved in the conspiracy.  At sentencing, Fernandez faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment.
• Joshua Jande Carmona, 24, of El Paso, Texas, pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, international money laundering, and possession of methamphetamine and heroin with intent to distribute.  Carmona admitted in April 2017, he obtained drugs brought into the United States in southern New Mexico and El Paso, Texas, and transported and arranged delivery of the drugs to Albuquerque and other locations.  Carmona acknowledged responsibility for attempting to traffick at least 21.99 kilograms of methamphetamine, six kilograms of heroin and $15,300 in drug proceeds from April 2016 through Oct. 2016.  Carmona’s plea agreement recommends that he be sentenced to a term of imprisonment within the range of 180 and 240 months followed by a term of supervised release to be determined by the court.
• Rosa M. De Santiago, 44, of Sunland Park, N.M., pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, and possession of methamphetamine and heroin with intent to distribute.  De Santiago entered her guilty plea without the benefit of a plea agreement.  At sentencing, De Santiago faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
• Vanessa Reyes, 27, of El Paso, Texas, pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine, conspiracy to commit international money laundering, international money laundering, possession of methamphetamine with intent to distribute, and using a communication facility in furtherance of a drug trafficking crime.  Reyes admitted that in April 2017, she worked with others to transport and distribute drugs in New Mexico and other locations.  Reyes admitted that in Oct. 2017, she transported approximately 4.98 kilograms of methamphetamine from El Paso, Texas, to Albuquerque, and $32,000 in drug proceeds from Albuquerque to El Paso, Texas.  At sentencing, Reyes faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment.

To date, 13 of the 22 defendants have entered guilty pleas and are awaiting sentencing.  Six defendants have entered pleas of not guilty and are pending trial.  Three defendants have yet to be arrested and are considered fugitives.  Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from IRS Criminal Investigation, the U.S. Border Patrol, New Mexico State Police and Hatch Police Department.  Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

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 – U.S. Attorney John C. Anderson and Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division announced today that Fidal Abdeljawad, 51, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 132 months of imprisonment for his conviction on synthetic cannabinoids trafficking charges.  Abdeljawad will be on supervised release for three years after completing his prison sentence.

Abdeljawad and co-defendant Ashley Watson, 31, also an Albuquerque resident, were charged with trafficking in synthetic cannabinoids in an indictment that was filed in Sept. 2015, and was superseded in Dec. 2015.  The four-count superseding indictment charged Abdeljawad and Watson with participating in a synthetic cannabinoids trafficking conspiracy from March 2014 through Feb. 2015.  The superseding indictment also charged the defendants with possessing synthetic cannabinoids with intent to distribute on May 8, 2014, and Feb. 19, 2015, and Abdeljawad with possessing synthetic cannabinoids with intent to distribute on May 7, 2014.  Abdeljawad and Watson committed the crimes in Bernalillo County, N.M.

The controlled substances charged in the indictment are commonly referred to as synthetic cannabinoids or “spice.”  According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids.  Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana.  These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana.  These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process.  Synthetic cannabinoids often are labeled as incense to mask their intended purpose.

Abdeljawad and Watson proceeded to trial on May 1, 2017.   The jury returned a guilty verdict against Abdeljawad on all four counts of the superseding indictment on May 5, 2017.  The jury also returned a guilty verdict against Watson on three counts of the superseding indictment charging her with conspiracy, possession of synthetic cannabinoids with intent to distribute and attempt to possess synthetic cannabinoids with intent to distribute.

Testimony at trial established that the DEA initiated an investigation into synthetic cannabinoids trafficking in Albuquerque in 2014, after receiving information that Abdeljawad, the owner of “Sean’s Smoke Shop” on Central Avenue SE in Albuquerque, and others were distributing synthetic cannabinoids.  Law enforcement officers testified that on May 7, 2014, they executed searches of “Sean’s Smoke Shop” and Abdeljawad’s van, and seized 97 packets of synthetic cannabinoids and bundles of cash totaling more than $10,000.  Abdeljawad was arrested that day on state charges and later was released on bond.  The next day, the DEA learned that Abdeljawad had a storage unit near “Sean’s Smoke Shop,” which was leased in Watson’s name.  During a search of the storage unit, the DEA seized 549 additional packets of synthetic cannabinoids.

Other evidence at trial, including telephone conversations and text messages captured through court-authorized wire-taps, established that despite his arrest on state charges, Abdeljawad continued to distribute synthetic cannabinoids in collaboration with Watson.  Abdeljawad would order shipments of synthetic cannabinoids from suppliers, who delivered the synthetic cannabinoids to Watson and she distributed the synthetic cannabinoids to others in exchange for money.  On Feb. 19, 2015, the DEA intercepted a package that had been shipped to Watson.  The DEA opened the package pursuant to a search warrant, and found that it contained 100 packets of synthetic cannabinoids.  The DEA arrested Abdeljawad and Watson in Sept. 2015, after they were indicted.

Watson was sentenced on Sept. 7, 2017, to 48 months in prison followed by five years of supervised release.

The Albuquerque office of the DEA investigated this case as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  Assistant U.S. Attorneys Timothy S. Vasquez and Kristopher N. Houghton prosecuted the case.

ALBUQUERQUE – Markell Quashan Sweargin, 20, of Lubbock, Tex., was sentenced this morning in federal court in Las Cruces, N.M., to 30 months in prison for transporting a person in interstate commerce for the purpose of engaging in prostitution.  Sweargin will be on supervised release for 15 years after completing his prison sentence.

Sweargin was arrested in June 2017, on a criminal complaint charging him with transporting a person in interstate commerce for the purpose of forcing the person to engage in a commercial sex act.  According to the complaint, on June 14, 2017, officers of the Hobbs Police Department arrested Sweargin on state charges after responding to a domestic disturbance call from a woman (victim) who claimed that Sweargin strangled and assaulted her during an altercation arising from her refusal to engage in a sexual act with another man for money. 

According to the criminal complaint, Sweargin, the victim and another person traveled from Lubbock to a hotel in Hobbs, N.M.  Once in the hotel room, Sweargin attempted to coerce the victim into having sex with other men for money, and became angry when the victim refused.  When Sweargin and the other person left the hotel room, a man came to the room with the expectation of having sex with the victim.  After the victim refused to have sex with him, the man departed the room after telling the victim that he had come in response to an advertisement on a webpage known to advertise prostitution services.  When Sweargin returned to the hotel room, he was very angry because the victim did not have sex with the man in return for money, began to hit the victim, and blocked the door to the hotel room to prevent the victim or the third person from leaving.  The victim and third person fled from the room when Sweargin stepped away from the door.

On Sept. 7, 2018, Sweargin pled guilty to a felony information charging him with transporting a person across state lines for the purpose of engaging in prostitution.  In entering the guilty plea, Sweargin admitted that on June 14, 2017, he traveled from Lubbock to Hobbs with the victim with the intention of having the victim engage in prostitution in New Mexico.

This case was investigated by the Homeland Security Investigations Las Cruces office and the Hobbs Police Department.  Assistant U.S. Attorneys Marisa A. Ong and Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Lane Michael Reed, 24, of Killeen, Texas, pled guilty today in federal court in Albuquerque, N.M., to armed robbery, carjacking and firearms charges arising out of a two-day violent crime spree in July 2017.  Reed entered the guilty plea under a plea agreement that recommends that he be sentenced to 25 years of imprisonment followed by a term of supervised release to be determined by the court.

U.S. Attorney John C. Anderson said Reed 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 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.

Reed was arrested in Aug. 2017, on a federal criminal complaint charging him with interfering with interstate commerce by robbery, taking a vehicle from another by force and violence, using, brandishing and discharging a firearm during crimes of violence, and being a felon in possession of firearms and ammunition.  According to the criminal complaint, on the morning of July 25, 2017, Reed robbed a gas station and convenience store in San Jose, N.M., by brandishing a firearm at a clerk and a small child and taking money from the cash register.  Shortly thereafter, the storeowner entered the store and Reed brandished a firearm at the storeowner and robbed the storeowner of the keys to his vehicle and a firearm.  Reed then departed the store in the storeowner’s vehicle and soon encountered officers of the New Mexico State Police and Santa Fe County Sheriff’s Office who responded to a “be on the lookout” callout for Reed.  While driving on the frontage road to Interstate 25 and southbound on the Interstate and seeking to evade the officers, Reed discharged a firearm in the direction of the officers, some of whom returned fire.

Officers of the New Mexico State Police and Santa Fe County Sheriff’s Office arrested Reed without incident on Interstate 25 near Mile Post 247, on state charges filed by the 1st Judicial District Attorney’s Office.  Reed remained in state custody until he was transferred to federal custody on Aug. 28, 2017, to face the federal charges against him.

Reed was indicted on Sept. 21, 2017.  The seven-count indictment charged Reed with robbing a gas station and convenience store, a business engaged in interstate commerce, in Raton, N.M., on July 24, 2017 and brandishing a firearm during the robbery.  The indictment also charged Reed with robbing a gas station and convenience store, also a business engaged in interstate commerce, in San Jose, N.M., on July 25, 2017, and brandishing a firearm during that robbery.  It also charged Reed with carjacking a vehicle in San Miguel County on July 25, 2017, and discharging a firearm during that carjacking.  Finally, the indictment charged Reed with being a convicted felon unlawfully in possession of a firearm on July 24 and 25, 2017.

During today’s proceedings, Reed pled guilty to robbing the gas station and convenience store in San Miguel County and brandishing a firearm during the robbery, and to the carjacking charge.  In entering the guilty plea, Reed admitted that on July 25, 2017, he violated the Hobbs Act by entering the Pecos River Station convenience store, pointing a firearm at the store clerk, threatening her with a firearm, and demanding money and keys to a vehicle.  Reed also admitted confronting the storeowner, who was armed, and disarming the storeowner and taking his firearm and the keys to his vehicle.

In his plea agreement, Reed admitted that after robbing the Pecos River Station convenience store, he attempted to evade arrest by driving at speeds up to 140 miles an hour and discharged his firearm at the law enforcement officers who were pursuing him.  During the pursuit, Reed caused extensive damage to the vehicle he stole as well as extensive damage to the law enforcement vehicles that were pursuing him.

Reed has been in federal custody since his arrest in Aug. 2017.  He remains detained pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Santa Fe office of the FBI, the New Mexico State Police and the Santa Fe County Sheriff’s Office.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.

ALBUQUERQUE – Ruben Cheykaychi, 29, an enrolled member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 28 months in prison followed by three years of supervised release for his conviction on an assault charge.

The BIA arrested Cheykaychi in May 2017, on an indictment charging him with assault with a dangerous weapon with intent to do bodily harm.  According to the indictment, Cheykaychi committed the crime on April 20, 2016, on the Kewa Pueblo Indian Reservation in Sandoval County, N.M.

On Feb. 27, 2018, Cheykaychi pled guilty to the indictment and admitted assaulting his former girlfriend on April 20, 2016, after seeing her vehicle parked in an area of Kewa Pueblo.  In his plea agreement, Cheykaychi stated that, after a failed attempt to engage the victim in conversation, he became upset and began yelling at her.  Cheykaychi admitted retrieving a BB gun, which resembled a real handgun, from his vehicle and holding it to the victim’s head while threatening to shoot her.  He also admitted putting the BB gun in the victim’s mouth while continuing to yell at her and threatening her, and attempting to take her car keys from her to prevent her from escaping.

This case was investigated by Southern Pueblos Agency of the BIA, Office of Justice Services.  Assistant U.S. Attorney Nicholas J. Marshall prosecuted 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 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 – Barry Romero, 38, of Belen, N.M, was sentenced today in Albuquerque, N.M., to eight years in federal prison for his conviction on unlawfully possessing body armor and oxycodone trafficking charges.  Romero will be on supervised release for three years after completing his prison sentence.

Romero 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 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.

Romero was arrested on Sept. 28, 2016, on a two-count indictment charging him with being a felon in possession of a firearm and ammunition and possession of body armor by a felon who had been convicted of a crime of violence.  Romero committed the crimes on Nov. 10, 2015, in Valencia County, N.M.  At the time, Romero was prohibited from possessing firearms, ammunition or body armor because of his prior felony convictions. 

On Jan. 12, 2018, Romero pled guilty to a felony information charging him with possession of body armor by a felon who has been convicted of a crime of violence and possession of oxycodone with intent to distribute.  In entering the guilty plea, Romero admitted that on Nov. 10, 2015, he was arrested at his residence in Belen, by Deputy U.S. Marshals who had a warrant for Romero’s arrest on a parole violation.  During the execution of a search warrant on Romero’s residence incident to his arrest, law enforcement agents located body armor, two handgun cases, ammunition, oxycodone, and drug paraphernalia.  Romero also admitted possessing the oxycodone with the intention of distributing it to others.  Romero acknowledged that he was convicted of armed robbery in 2005, prior to unlawfully obtaining the body armor. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance of the U.S. Marshals Service.  Assistant U.S. Attorney Norman Cairns 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 – A U.S. Magistrate Judge sitting in Las Cruces, N.M., today found probable cause to support a criminal complaint charging Jose Alberto Garcia, 19, of El Paso, Texas, with conspiring to transport illegal aliens within the United States.  During today’s proceedings, Garcia was ordered detained pending trial, which has yet to be scheduled

U.S. Border Patrol agents arrested Garcia on July 11, 2018, on the offense of conspiracy to transport illegal aliens within the United States.  According to the criminal complaint, the U.S. Border Patrol allegedly found 12 illegal aliens in Garcia’s vehicle on July 11, 2018, while conducting an inspection at the U.S. Border Patrol Checkpoint on Interstate 25 north of Las Cruces.  Garcia allegedly was being paid to transport the 12 illegal aliens to Albuquerque, N.M.

If convicted of the charge in the criminal complaint, Garcia faces a statutory maximum penalty of ten years of imprisonment.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Luis Molina, 33, of Santa Fe, N.M., pled guilty today in federal court in Albuquerque, N.M., to a kidnapping charge.  In entering the guilty plea, Molina acknowledged kidnapping and carjacking two women at the Ohkay Owingeh Casino and Resort in Ohkay Owingeh Pueblo, N.M., in Dec. 2015, and robbing them. 

Molina was indicted in Dec. 2016, and was charged with two counts of kidnapping and one count of carjacking.  The indictment alleged that Molina committed the crimes on Dec. 31, 2015, in Rio Arriba County, N.M. 

The FBI arrested Molina on April 26, 2017, after he was transferred into federal custody from state custody where he was being held on unrelated state charges.

During today’s proceedings, Molina pled guilty to one of the kidnapping charges.  In entering the guilty plea, Molina admitted that on Dec. 31, 2015, he was outside the Ohkay Owingeh Casino and Hotel and followed the two victims to their vehicle.  In his plea agreement, Molina admitted that he got into the backseat of the victims’ vehicle, told the victims that he had a gun, directed them to drive away, and threatened to hurt them if they did not follow his instructions.  Molina also admitted forcing the victims to drive to an ATM machine where they withdrew money, which they gave to Molina.  Molina then directed the victims to drive him to Espanola, N.M., where he stole their credit cards, drivers’ licenses and social security cards.

 At sentencing, Molina faces a statutory maximum penalty of life in federal prison.  Molina has been in federal custody since his arrest in April 2017 and he will remain detained pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Santa Fe office of the FBI with assistance from the New Mexico State Police, the Santa Fe Sheriff’s Office, the Ohkay Owingeh Police Department and Espanola Police Department.  Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case. 

ALBUQUERQUE – Michael Anthony Estrada, 24, of Las Cruces, N.M., was sentenced yesterday afternoon in federal court to 30 months in prison for his conviction on a felony information charging him with using interstate communications to threaten the lives and safety of children at a Las Cruces public elementary school.  Estrada will be on supervised release for three years after completing his prison sentence.

Estrada was arrested on a criminal complaint on Sept. 15, 2017, for using social media platforms to post threats to shoot children at a Las Cruces public elementary school.  According to the complaint, the threats posted by Estrada led local schools authorities in Las Cruces to shelter students in place and shut down operations until Estrada was apprehended. 

On Dec. 11, 2018, Estrada pled guilty to a felony information charging him with threatening to injure through the use of interstate communications.  In entering the guilty plea, Estrada admitted that on Sept. 15, 2017, he posted a threat on social media that he was going to shoot up a Las Cruces public elementary school.  Estrada further admitted that as a result of his actions, the elementary school he threatened and several other Las Cruces elementary schools were placed on lock down.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department.  Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Yesterday, a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Johnny C. Black with committing an assault with a dangerous weapon by allegedly firing shots at a New Mexico State Police officer on Santa Clara Pueblo land.  Black, 32, an enrolled member of the Noorvik Native Community Tribe in Alaska who resides in Santa Fe, N.M., was ordered detained pending trial, which has yet to be scheduled, based on judicial findings that he poses a risk of flight and a danger to the community. 

The FBI arrested Black on July 11, 2018, on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm.  According to the complaint, Black allegedly used a firearm to fire multiple shots at a New Mexico State Police officer after fleeing from a routine traffic stop.  Black allegedly committed the offense on June 25, 2018, on Santa Clara Pueblo in Santa Fe County, N.M.

The FBI took custody of Black on July 11, 2018, after he was arrested by Santa Ana Pueblo Tribal Police Department on Santa Ana Pueblo, N.M. 

If convicted of the charge in the complaint, Black faces a maximum penalty of ten years in federal prison.  Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Santa Fe office of the FBI and the New Mexico State Police with assistance from the Santa Ana Pueblo Tribal Police Department.  Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

ALBUQUERQUE – Ruben James Torrez, 31, of Hurley, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on a methamphetamine trafficking charge.  Torrez will be on supervised release for four years after completing his prison sentence. 

The DEA arrested Torrez on June 23, 2017, on a criminal complaint charging him with possessing methamphetamine with intent to distribute on April 24, 2017, in Grant County, N.M.  According to the complaint, Torrez was arrested after the Silver City Police Department and the DEA found approximately 58.01 grams of methamphetamine in his vehicle while executing a search warrant.

 On Aug. 8, 2017, Torrez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Torrez admitted that on March 30, 2017, he agreed to sell methamphetamine to an individual, who unbeknownst to him, was working with law enforcement authorities.  Torrez acknowledged that before he arrived at the location for the drug transaction, Silver City Police Department officers stopped him and executed a search warrant on his vehicle, and found the methamphetamine that he intended to sell to the individual working with law enforcement.

This case was investigated by the DEA and the Silver City Police Department.  Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Jackie Herron, 25, of Albuquerque, N.M., pled guilty today in federal court to assaulting three federal employees with deadly weapons.  Herron entered the guilty plea without the benefit of a plea agreement.

Herron was arrested on Feb. 22, 2018, on a three-count indictment charging her with assaulting three U.S. Postal Service (USPS) employees who were engaged in their official duties in Bernalillo County, N.M. on Dec. 22, 2017.  According to the indictment, Herron assaulted the first employee by threatening to run over her and pointing a firearm at her; the second employee by threatening to run over her with a car; and the third employee by pointing a firearm at him.

At sentencing, Herron faces a maximum penalty of 20 years in federal prison and up to a $250,000 fine.  A sentencing hearing has yet to be scheduled.

This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department.  Assistant U.S. Attorneys Eva Fontanez and Paul Mysliwiec are prosecuting the case.

ALBUQUERQUE – Jesus Gerardo Prieto, Jr., 39, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for his conviction on heroin and methamphetamine trafficking charges.

U.S. Border Patrol agents arrested Prieto in Oct. 2017, on heroin and methamphetamine trafficking offenses in Dona Ana County, N.M.  Prieto was arrested at the U.S. Border Patrol checkpoint in Las Cruces after the agents seized approximately 432 grams of methamphetamine and 117 grams of heroin that were concealed inside Prieto’s vehicle.

Prieto subsequently was charged in a five-count indictment on Jan. 17, 2018, with distributing methamphetamine on Aug. 29, 2017, in Dona Ana County; distributing methamphetamine and heroin on Oct. 6, 2017, in Luna County, N.M.; and possession of methamphetamine and heroin with intent to distribute on Oct. 19, 2017, in Dona Ana County.  On Feb. 26, 2018, Prieto pled guilty to the indictment without the benefit of a plea agreement. 

This case was investigated by the U.S. Border Patrol and the Border Enforcement Security Taskforce of Homeland Security Investigations.  The case was prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office pursuant to 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 – Fabian Louis Bailon, 39, an enrolled member of Kewa Pueblo, N.M., who resides in Santa Fe, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer. 

Bailon was arrested on Jan. 12, 2018, on a criminal complaint charging him with assaulting a federal officer.  According to the criminal complaint, Bailon was arrested on tribal charges on Nov. 26, 2017, after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA).  Bailon committed the assault on San Felipe Pueblo in Sandoval County, N.M., by punching the officer in the face while the officer was conducting a traffic stop. 

During today’s proceedings, Bailon pled guilty to a felony information charging him with assaulting a federal officer.  In entering the guilty plea, Bailon admitted that on Nov. 26, 2017, he assaulted a BIA officer by punching the officer while the officer was conducting a traffic stop on a vehicle in which Bailon was a passenger. 

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

This case was investigated by the Albuquerque office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services.  Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

ALBUQUERQUE – Jeremy Brown, 26, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by possessing a firearm in furtherance of a drug trafficking crime.  In entering the guilty plea, Brown admitted possessing a loaded firearm on May 1, 2017, to facilitate his fentanyl trafficking activities.

The DEA arrested Brown in May 2017, and charged him with possession of fentanyl with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime on May 1, 2017.  According to the complaint, DEA agents found marijuana, cocaine, methadone, $700, and several counterfeit oxycodone pills in Brown’s vehicle incident to his arrest following an investigation into Brown for suspected drug trafficking activity.  The complaint alleged that the DEA previously had found that similar counterfeit oxycodone pills contained fentanyl or a combination of fentanyl and other substances. 

Brown and co-defendant Crystal Campos, 33, also of Albuquerque, subsequently were charged in a five-count indictment on May 24, 2017, with drug trafficking and firearms offenses.  The indictment charged Brown and Campos with conspiring to distribute controlled substances from March 9, 2017 through March 11, 2017.  The indictment charged Campos with distributing a controlled substance on March 10, 2017 and Brown with distributing a Schedule II controlled substance on March 10, 2017.  It also charged Brown with possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime on May 1, 2017.  The indictment alleged that the defendants committed the crimes in Bernalillo County, N.M.

During today’s proceedings, Brown pled guilty to possessing a firearm in furtherance of a drug trafficking crime.  In entering the guilty plea, Brown admitted that on May 1, 2017, the DEA arrested him as he was attempting to meet with an individual for the purpose of selling pills containing fentanyl.  Brown admitted that when he was arrested, he consented to a search of his vehicle where DEA agents found metal canisters containing fentanyl pills and a loaded firearm.  Brown acknowledged that he intended to distribute the fentanyl pills to others and that he used the firearm for protection during drug trafficking transactions.

At sentencing, Brown faces a statutory mandatory minimum penalty of five years and a maximum of life in federal prison.  A sentencing hearing has yet to be scheduled. 

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Peter J. Eicker 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.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE, N.M. – Marivel Cantu-Madril, 40, of Oro Valley, Ariz., was arraigned today in federal court in Tucson, Ariz., on an indictment charging her with mail fraud and forging judicial signatures.  Cantu-Madril entered a not guilty plea during the arraignment hearing and was released on conditions of release pending trial, which has not been scheduled.

Cantu-Madril is an attorney admitted to the State Bar of Arizona who practiced immigration and criminal defense law in Tucson, Ariz., for several years.  She currently is suspended from the practice of law. 

The three-count indictment, which was filed on July 3, 2018, charges Cantu-Madril with one count of mail fraud and two counts of forgery of judicial signature, and with aiding and abetting the three offenses.

Count One of the indictment charges Cantu-Madril with mailing, or causing to be mailed, an “I-765, Application for Employment Authorization,” in which she allegedly included false information about a non-citizen client seeking government approval to work in the United States to the U.S. Citizenship and Immigration Services.  As alleged in the indictment, Cantu-Madril intentionally entered false information into the application to improve the prospect of approval by immigration authorities by misrepresenting the date on which her client last entered the United States, and by falsely asserting that her client was legally residing in the United States.  

Counts Two and Three of the indictment allege that Cantu-Madril forged the signature of a clerk of court for the U.S. Court of Appeals for the Ninth Circuit.  As alleged in the indictment, Cantu-Madril falsely authenticated two payment receipts from the Ninth Circuit by forging the clerk’s signature on the documents.

If convicted, Cantu-Madril faces maximum statutory penalty of twenty years of imprisonment on mail fraud offense and five years of imprisonment on the forgery offenses. 

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

The investigation of the case, which is ongoing, is being handled by the Tucson field office of ICE Homeland Security Investigations (HSI).  Assistant U.S. Attorney Sean J. Sullivan of the U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.  Individuals who may have information that is pertinent to the investigation are asked to contact HSI at 866-347-2423. 

Cantu Madril Indictment

ALBUQUERQUE – James Highfield, 63, of Albuquerque, N.M., was arraigned this morning in federal court on an indictment charging him with child pornography offenses and committing a federal sex offense involving a minor while required to register as a sex offender.  Highfield entered a not guilty plea to the charges during this morning’s arraignment hearing.  Highfield was ordered detained pending trial based on judicial findings that he poses a risk of flight and a danger to the community.

U.S. Attorney John C. Anderson said that Highfield, whose criminal history includes two prior convictions for sex offenses including a child sex offense and who was required to register as a sex offender, 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 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.

The indictment, which was filed on June 26, 2018, charges Highfield with six counts of production of child pornography and one count of commission of a felony sex offense involving a minor by an individual required to register as a sex offender.  The first six counts of the indictment allege that on six dates in Sept. 2017 and Oct. 2017, Highfield persuaded, enticed and coerced a child under the age of 18 to engage in sexually explicit conduct so he could produce child pornography.  Count 7 alleges that Highfield, an individual required to register as a sex offender, committed the sex offenses involving a minor that are charged in the first six counts of the indictment.  The indictment alleges that Highfield committed the offenses in Bernalillo County, N.M.

Highfield was arrested on the indictment earlier today after he was transferred into federal custody from state custody where he was being held on related state charges filed by the 2nd Judicial District Attorney’s Office.

The penalty for a conviction on a production of child pornography charge is a statutory mandatory minimum of 15 years and a maximum of 30 years of imprisonment.  A defendant with one prior qualifying sex offense conviction faces an enhanced penalty of a statutory mandatory minimum of 25 years and a maximum of 50 years of imprisonment.  A defendant with two prior qualifying sex offense convictions faces an enhanced penalty of a statutory mandatory minimum of 35 years and a maximum of life imprisonment. 

The penalty for a conviction for committing a felony sex offense involving a minor by an individual required to register as a sex offender is ten years of imprisonment, which must be served consecutive to any sentence imposed on other offenses.

The Bernalillo County Sheriff’s Office investigated the case, with assistance from the Albuquerque office of Homeland Security Investigations and the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Sarah Mease 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/.

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 – This morning in federal court in Las Cruces, N.M., three individuals made their initial appearances on heroin trafficking charges arising out of the seizure of more than 15 pounds of heroin at a U.S. Border Patrol checkpoint in southern New Mexico on July 10, 2018.  The three defendants are temporarily detained pending preliminary hearings and detention hearings, which have yet to be scheduled.

Goretty Aguirre, 18, a Mexican national, and Mario Chavez, Jr., 18, and Nicholas Ramon Diaz, 18, both of El Paso, Texas, are charged in a criminal complaint with conspiracy and possession of heroin with intent to distribute.  According to the criminal complaint, U.S. Border Patrol Agents arrested the defendants on July 10, 2018, after seizing approximately seven kilograms (15.43 pounds) of heroin allegedly concealed in a vehicle driven by Chavez and in which Aguirre and Diaz were passengers.  The agents allegedly found the heroin while inspecting Chavez’s vehicle at the U.S. Border Patrol checkpoint near Alamogordo, N.M., in Otero County, N.M.

If convicted of the charges in the criminal complaint, Aguirre, Chavez and Diaz each face a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA.  Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office 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 – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Perfecto Lopez-Olivas, 44, a Mexican national, with a methamphetamine trafficking offense arising out of the seizure of 26 pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico on July 7, 2018.  Lopez-Olivas was remanded into custody pending trial, which has yet to be scheduled.

U.S. Border Patrol agents arrested Lopez-Olivas on July 7, 2018, after seizing approximately 12.09 kilograms (26.65 pounds) of methamphetamine allegedly concealed in the gas tank of Lopez-Olivas’ vehicle.  According to the criminal complaint, the agents allegedly found the methamphetamine while inspecting Lopez-Olivas’ vehicle at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M., in Otero County, N.M.

If convicted of the charges in the criminal complaint, Lopez-Olivas faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison, and will be deported after serving his term of incarceration.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA.  Special Assistant U.S. Attorney Joni Autrey is prosecuting the case.

ALBUQUERQUE – Clayton Arellano, 39, of Albuquerque, N.M., who was charged as the result of a DEA-led investigation targeting a Bernalillo County-based drug trafficking organization that distributed heroin and methamphetamine in the Albuquerque-area, pled guilty yesterday in federal court to a heroin trafficking charge.

 Clayton Arellano’s co-defendant Orlando Romero, 30, also a resident of Albuquerque, was charged in a criminal complaint filed in Aug. 2016, with five counts of possession of heroin with intent to distribute and one count of possession of methamphetamine with intent to distribute.  The complaint alleged that Romero committed the offenses between Oct. 26, 2015 and June 7, 2016 in Bernalillo County, N.M.  Romero subsequently was charged in a six-count indictment filed on Sept. 13, 2016, with heroin and methamphetamine trafficking offenses. 

In Dec. 2016, the indictment was superseded to add three co-defendants, including Clayton Arellano, and two additional charges.  The superseding indictment charged Romero, Clayton Arellano, Bart Arellano, 36, and Clayton Arellano, Jr., 20, all residents of Albuquerque, with conspiring to distribute heroin from Jan. 2015 through Dec. 2015, in Bernalillo County.  It also charged Romero with distributing heroin on five occasions between Oct. 2015 and April 2016, and with distributing heroin and methamphetamine in June 2016, and Clayton Arellano and Clayton Arellano, Jr., with possession of heroin with intent to distribute in July 2016.  The superseding indictment charged the defendants with committing the offenses in Bernalillo County.

During yesterday’s proceedings, Clayton Arellano pled guilty to possession of heroin with intent to distribute.  In entering the guilty plea, Clayton Arellano admitted that from Jan. 20, 2015 until his arrest in Dec. 2016, he conspired with others to purchase bulk quantities of heroin, store the heroin in stash locations, and distribute the heroin to others.  Clayton Arellano also admitted regularly using his cellular phone to arrange for the supply and distribution of heroin to other distributors and drug users in Albuquerque, and that he subsequently learned that law enforcement authorities intercepted his communications pursuant to court orders. 

According to the plea agreement, law enforcement authorities intercepted various calls and text messages between Clayton Arellano and individuals interested in buying drugs from Clayton Arellano on multiple occasions from May 2016 through July 2016, during which they discussed the locations, distribution and sale of heroin using coded language.  Clayton Arellano acknowledged that during the course of the conspiracy, he was responsible for possessing more than 100 grams of heroin with the intention of distributing the heroin to others.

At sentencing, Clayton Arellano faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  A sentencing hearing has yet to be scheduled.

Clayton Arellano’s three co-defendants have entered not guilty pleas to the charges against them and are awaiting trial.  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 Albuquerque office of the DEA as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which 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. 

Assistant U.S. Attorneys Kristopher N. Houghton and Joel R. Meyers are prosecuting this 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 – This week the Albuquerque Police Department (APD) collaborated with the U.S. Attorney’s Office, the Boys & Girls Club of Central New Mexico, Albuquerque Fire and Rescue, DEA, New Mexico State Police, New Mexico Army National Guard, and Isleta Pueblo Tribal Police Department to host its second week of Camp Fearless, a summer youth prevention program. 

U.S. Attorney John C. Anderson, Albuquerque Police Chief Michael Geier and other officials will join the campers for the second week of Camp Fearless during a graduation ceremony scheduled for tomorrow, Friday, July 13, 2018, at 1:15 p.m., at the Boys & Girls Club of Central New Mexico at 3333 Truman Street NE in Albuquerque.  The graduation ceremony is OPEN PRESS.

The 2018 Camp Fearless Program marks the 22nd year that the U.S. Attorney’s Office and its law enforcement and outreach partners have collaborated to operate summer youth camps with a youth drug, gang and gun violence prevention emphasis.  The summer camp program originated as part of the Justice Department’s Weed & Seed Project and its Project Safe Neighborhoods program.  This year, APD assumed leadership of the summer camp program as part of its Community Policing Program.

 The two one-week camps, which were free of charge to youth from nine to 12 years of age, were designed to keep youth free of substance abuse and criminal involvement by providing physically challenging recreational and life skills activities, interaction with positive role models, and evidence-based gang and substance abuse resistance training.  Campers also participated in a field trip to the Albuquerque Fire and Rescue training complex, an APD crime lab simulation, low ropes and obstacle courses, bowling and other fun physical activities, and classes during which law enforcement officers and Guardsmen made presentations on drug, gang and violence prevention.

WHO:            

U.S. Attorney John C. Anderson

Albuquerque City Councilor Diane G. Gibson, District 7

APD Police Chief Michael Geier

APD Deputy Police Chief Harold J. Medina

Albuquerque Fire and Rescue Deputy Chief Gene Gallegos

Tim Sheahan, President, Boys & Girls Clubs of Central New Mexico

WHEN:         

Friday, July 13, 2018, 1:15 p.m.

WHERE:      

Boys & Girls Club of Central New Mexico, 3333 Truman Street NE, Albuquerque, NM 87110

NOTE:  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 1:00 p.m.  RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or alyssa.ferda@usdoj.gov.

ALBUQUERQUE – Chief U.S. District Judge William P. “Chip” Johnson sentenced Roy G. Heilbron in federal court in Albuquerque, N.M., this afternoon to 51 months of imprisonment for his convictions on health care fraud and obstruction of justice charges.  The sentence was announced by U.S. Attorney John C. Anderson, Acting Special Agent in Charge Maxwell D. Marker of the FBI’s Albuquerque Division, and U.S. Marshal Sonya K. Chavez. 

Heilbron, 54, a cardiologist residing in Santa Fe, N.M., was sentenced to 24 months for his conviction on a health care fraud charge, and 27 months for his conviction on an obstruction of justice charge arising out of his attempt to obstruct and impede sentencing proceedings on the health care fraud case.  Heilbron was ordered to serve the two sentences consecutively for an aggregate of 51 months of imprisonment.  Heilbron will be on supervised release for three years after completing his prison sentence.  Heilbron also was ordered to pay $623,477.25 in restitution to the victims of his health care fraud crimes. 

A federal grand jury indicted Heilbron in June 2015, and charged him with health care fraud and wire fraud offenses.  The 24-count indictment charged Heilbron, a physician who was then licensed to practice medicine in New Mexico who specialized in cardiology, with executing a scheme to defraud Medicare and other health care benefit programs between Jan. 2010 and May 2011 by submitting false and fraudulent claims.  According to the health care fraud indictment, Heilbron executed his scheme by:

• Performing and billing for a wide array of unnecessary tests on every new patient and submitting false diagnoses with the billing claims to justify the tests to the insurance plans;
• Inserting false symptoms, observations, and diagnoses into patients’ medical charts to provide written support for the tests he ordered or performed;
• Inserting photocopied clinical notes, diagnostic test results, and ultrasound images in patients’ medical charts to create a written record of procedures that were either not performed or that had not been sufficiently documented to support the billing;
• Submitting the photocopied notes, results, and images to the insurance plans when the plans requested documentation to support the claims submitted;
• Submitting claims to health plans for procedures that were never performed;
• Submitting claims for procedures performed on two consecutive dates to increase the amount paid for services that were actually rendered together on one single date; and  

• Misusing billing codes and modifiers in order to increase his rate of reimbursement.

On Feb. 17, 2017, Heilbron pled guilty to one count of health care fraud.  In his plea agreement, Heilbron acknowledged that at all times relevant to the crimes charged in the indictment, he was a doctor involved in the private practice of medicine.  Heilbron further admitted from Dec. 2009 through Dec. 2011, he provided medical services as A Well for Health Church, Inc., a medical clinic in Santa Fe, where he contracted with several health care benefit programs including Blue Cross and Blue Shield of New Mexico and Medicare.  Under the terms of those contracts, Heilbron would bill the programs for medical services he provided to patients covered by those programs and included his medical diagnosis or other justifications for the services for which he requested compensation.  In his plea agreement, Heilbron admitted devising and executing a scheme to deceive and obtain money from health care programs that covered his patients by misrepresenting his patients’ diagnoses. 

On Aug. 7, 2017, Heilbron’s attorney filed a motion to continue Heilbron’s sentencing hearing on the health care fraud charge, which was then scheduled for Aug. 28, 2017, to permit Heilbron to begin chemotherapy in Costa Rica for prostate cancer.  The motion included two attachments:  a one-page “Treatment Protocol for Roy Heilbron” dated Aug. 3, 2017, which purported to detail Heilbron’s alleged prostate cancer diagnosis, and a three-page “Clinical Summary” dated June 24, 2017, which purported to outline a four-cycle chemotherapy treatment plan.  The two documents purported to be authored by a physician with offices in San Jose, Costa Rica, and Miami, Fla.

On Aug. 9, 2017, a U.S. Magistrate Judge issued a warrant for Heilbron’s arrest based on a criminal complaint charging him with making and presenting fraudulent documents regarding his medical condition to a U.S. Probation Officer, and submitting the fraudulent documents for the purpose of postponing or avoiding sentencing in the pending health care fraud prosecution.  The complaint outlined the FBI’s investigation into the claims made in the “Clinical Summary” and “Treatment Protocol,” and asserted that Heilbron created the two documents himself and that Heilbron was not a patient of the physician whose name appears on the fraudulent documents.  According to the complaint, Heilbron provided the fraudulent documents to his U.S. Probation Officer on Aug. 4, 2017, in support of a request to postpone his sentencing hearing.  Heilbron was subsequently charged on Sept. 6, 2017, in a two-count indictment setting forth the same charges as those contained in the complaint.  The indictment alleged that Heilbron committed the two crimes in Bernalillo County, N.M., and elsewhere, between Aug. 3, 2017 and Aug. 7, 2017.

On Feb. 2, 2018, Heilbron entered a guilty plea to the obstruction of justice charge of the indictment.  In his plea agreement, Heilbron acknowledged that he previously pled guilty to a health care fraud charge on Feb. 17, 2017, and had a sentencing hearing on Aug. 28, 2017.  Heilbron also admitted that on Aug. 4, 2017, he sent his Probation Officer an email requesting to postpone his sentencing hearing based on the representation that he was scheduled to begin chemotherapy treatments in Costa Rica on Aug. 14, 2017.  In support of his request, Heilbron attached a clinical summary and treatment protocol purportedly authored by Heilbron’s physician.  Heilbron admitted that the email was false and created for the purpose of delaying or avoiding the sentencing hearing on his health care fraud plea, and at the time he made the request for the postponement, he was on vacation in Europe with no intention of beginning chemotherapy treatments in Costa Rica beginning on Aug. 14, 2017. 

In entering the guilty plea, Heilbron acknowledged that when he sent the false email, he was on release under a July 1, 2015 order of the U.S. District Court for the District of New Mexico relating to his health care fraud charge that put him on notice of the effect of committing crimes while on presentence release. 

The obstruction of justice case was investigated by the Santa Fe and Albuquerque offices of the FBI, with assistance from the Charlotte office of the FBI and the U.S. Marshals Service, and the Santa Fe office of the FBI investigated the health care fraud case.  Assistant U.S. Attorneys George C. Kraehe, Jeremy Peña and Paige Messec prosecuted the cases.

ALBUQUERQUE – Spencer C. Lovato, 26, of Clovis, N.M., pled guilty today in federal court in Albuquerque, N.M., to an indictment charging him with two counts of distributing child pornography and one count of receiving child pornography. 

At sentencing, Lovato faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in federal prison.  Lovato will also be required to register as a sex offender.  Lovato has been in custody since his arrest in April 2017.  He will remain detained pending his sentencing hearing, which has yet to be scheduled.

The FBI arrested Lovato in April 2017, on a criminal complaint charging him with child pornography offenses in Dec. 2016, in Curry and San Miguel Counties, N.M.  According to the complaint, the investigation leading to Lovato’s arrest began in Dec. 2016, when the FBI received a report about video and image files containing child pornography that were being shared by individuals on an online messaging platform.  During the investigation, the FBI obtained two IP addresses, email accounts and telephone account records identifying Lovato as the subscriber of accounts used to distribute and receive child pornography.

Lovato subsequently was charged in a three-count indictment on May 9, 2017, with distributing child pornography on Dec. 27, 2016, in Curry County, and with distributing and receiving child pornography on Jan. 5, 2017, in New Mexico.

During today’s proceedings, Lovato pled guilty to all three counts of the indictment.  In entering the guilty plea, Lovato admitted that on Dec. 27, 2016, he sent a message on his phone that included a digital video of a minor involved in sexually explicit conduct.  Lovato also admitted that on Jan. 5, 2017, he sent a message and received a message that included digital videos of minors involved in sexually explicit conduct.

This case was investigated by the Santa Fe office of the FBI and the Clovis Police Department.  Assistant U.S. Attorney Paul Mysliwiec 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 – Ericka Chavez, 22, of Albuquerque, N.M., pled guilty today in federal court to bank fraud, identify theft and theft of mail charges. 

U.S. Postal Inspectors arrested Chavez on March 21, 2018, on a criminal complaint charging her with theft of mail.  The complaint alleged that in Oct. 2017 and Feb. 2018, mail boxes at two Albuquerque-area apartment complexes were broken into and mail was stolen.  The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks stolen from the mail boxes had been altered and used to pay for memberships to Albuquerque stores.     

Chavez was subsequently charged in a 19-count indictment on April 10, 2018, with three counts of theft of mail, eight counts of bank fraud and eight counts of aggravated identity theft.  According to the indictment, Chavez committed the offenses from Oct. 2017 through March 2018, in Bernalillo County, N.M., by stealing mail from cluster mailboxes located in apartment complexes.  The mail stolen included checkbooks, checks, and personal identifiers of victims, which Chavez used to commit further crimes. 

During today’s proceedings, Chavez pled guilty one count of theft of mail, one count of bank fraud and one count of aggravated identity theft.  In entering the guilty plea, Chavez admitted that on Nov. 5, 2017, she pried open a mailbox at an apartment complex in southeast Albuquerque and stole mail from inside the mailbox.  Chavez also admitted that on Oct. 24, 2017, she executed a scheme to defraud the Bank of Albuquerque by writing a check to an Albuquerque store that was drawn on an account at Bank of Albuquerque in the name of a victim and also fraudulently signed the check with the victim’s name.  Chavez acknowledged that she used the victim’s name, address and bank account number without the victim’s permission in order to defraud the bank, the store and the victim. 

Chavez has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled.  At sentencing, Chavez faces a maximum penalty of 30 years in federal prison including 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 was prosecuted by Assistant U.S. Attorney Jeremy Pena.

ALBUQUERQUE – Jade Tiffany Laurezo, 34, a native of the Philippines, made her initial appearance yesterday in federal court in Roswell, N.M., on a criminal complaint charging her with possessing child pornography.  Laurezo, who has been in the United States for several months on a visitor’s visa, remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for July 11, 2018, in Las Cruces, N.M.

According to the criminal complaint, the investigation leading to Laurezo’s arrest began in March 2018, when the Chaves County Sheriff’s Office (CCSO) followed up on a report from the National Center for Missing and Exploited Children regarding an email address subscribed to a Roswell residence where Laurezo was residing that allegedly was used to upload three files of child pornography.  On June 27, 2018, the CCSO executed a state search warrant at the residence. 

While executing the search warrant, the officers seized a cellular phone, which allegedly belonged to Laurezo.  On July 3, 2018, the CCSO executed a state search warrant on the cellular phone and found that it contained four videos of child pornography.

If convicted of possession of child pornography, Laurezo faces up to ten years of imprisonment and will be deported after completing any prison sentence imposed.  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, Homeland Security Investigations, and the Chaves County Sheriff’s Office.  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 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 – Dennis Griego, 36, of Edgewood, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to violating the federal firearms laws by being a felon in possession of firearms and ammunition.  Griego entered the guilty plea under an agreement recommending a sentence of 188 months of imprisonment followed by a term of supervised release to be determined by the court.  Griego faced an enhanced penalty of a mandatory minimum sentence of 15 years of imprisonment based on his status as an armed career criminal.

Griego’s guilty plea was announced by U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Albuquerque Police Chief Michael Geier. 

Griego, whose criminal history includes prior felony convictions for commercial-automotive burglary, possession of a controlled substance, residential burglary, being a felon in possession of a firearm, and aggravated battery against a household member 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 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.

The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Griego on Dec. 6, 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on April 29, 2016, in Bernalillo County, N.M.  Griego was prohibited from possessing firearms and ammunition because of his prior felony convictions.

During yesterday’s change of plea hearing, Griego pled guilty to the indictment and admitted that he committed the offense on April 29, 2016, when officers of the Albuquerque Police Department served a state warrant for his arrest and executed a state search warrant at his residence.  When the officers arrived at his residence, Griego barricaded himself in his residence, resulting in a prolonged standoff with the officers.  The officers seized a firearm and ammunition from Griego’s residence when Griego surrendered and the officers were able to arrest him and execute the search warrant. 

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

The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated the case, which is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, New Mexico State Police Chief Pete Kassetas, and Deputy Chief Justin Dunivan of the Las Cruces Police Department announced that a resident of Columbus, N.M., was sentenced late yesterday afternoon in federal court in Las Cruces, N.M., to 170 years of imprisonment for convictions on child pornography and alien transporting charges in two separate cases.

 U.S. District Judge Robert C. Brack sentenced Samuel Elliott, 34, to 170 years of imprisonment in the first case for his conviction on three counts of production of child pornography and four counts of possession of child pornography.  Elliott also was ordered to pay $210,012 in restitution to each of the three children victimized by Elliott’s child pornography production scheme.  Judge Brack sentenced Elliott to 15 months of imprisonment in the second case for his conviction on an alien transporting charge, to be served concurrent to the sentence imposed on the child pornography charges.

In announcing the sentence, U.S. Attorney John C. Anderson commended the exemplary collaborative investigative efforts of HSI, the New Mexico State Police and the Las Cruces Police Department for the investigation leading to Elliott’s conviction and for rescuing his victims.  The U.S. Attorney added, “The victims in cases like this one are children who cannot protect themselves from harm.  As the result of the sentence imposed, this sexual predator will never again exploit another child.  His sentence should send a forceful message that law enforcement in New Mexico is committed to the protection of our children and will vigorously investigate and prosecute predators who exploit and abuse them.”

“Yesterday’s 170-year sentencing is an example of the U.S. government’s assurance that individuals will be held accountable for heinous acts committed against children,” said Jack P. Staton, Special Agent in Charge of HSI El Paso. “HSI and our law enforcement partners stand firm in our commitment to investigate and prosecute criminals whose heinous acts victimize and scar children for life.”

“I’m proud of the men and women of the New Mexico State Police and their dedication to keeping the children of New Mexico safe,” said New Mexico State Police Chief Pete Kassetas. “I’m pleased that justice was served and this predator can no longer harm our kids.”

“The Las Cruces Police Department is honored to work alongside our counterparts, from local and federal agencies, to help protect our children from offenders that are poisoning our communities,” said Las Cruces Police Deputy Chief Justin Dunivan.  “We believe our actions will have a significant impact and ensure that the defendant never harms another child.”

In the alien transporting case, Elliott and his brother Robert Steven Elliott, II, 35, also a resident of Columbus, were charged by criminal complaint on Sept. 4, 2013, with conspiring to transport illegal aliens on Aug. 28, 2013, in Luna County, N.M.  The two were indicted on the same charge on Dec. 11, 2013.  Robert Steven Elliott pled guilty to the indictment charging him with conspiring to transport illegal aliens on Jan. 22, 2014, and was sentenced on Oct. 1, 2014, to time served followed by three years of supervised release.  Elliott pled guilty to the same charges on March 20, 2014. 

In the child pornography case, Elliott was charged in an eight-count indictment with production and possession of child pornography.  Counts 1 through 3 of the indictment alleged that between Dec. 2012 and July 2013, Elliott used three young children to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.  According to the indictment, two of the children were between one and five years of age and the third child was over the age of five years.  The remaining five counts alleged that Elliott possessed child pornography in July 2013.  The indictment asserted that Elliott committed all eight crimes in Luna County, N.M.  A superseding indictment alleging the same charges was filed in July 2015.

On June 26, 2018, Elliott pled guilty to three counts of producing visual depictions of minors engaged in sexually explicit conduct and four counts of possessing material containing images of child pornography.  In his plea agreement, Elliott admitted using a video camera to record a video of himself engaging in sexually explicit conduct with a child between one and five years of age.  Elliott also admitted using a video camera to produce sexually explicit visual depictions of a sleeping child between five and eleven years of age.  Elliott admitted committing these two crimes between Dec. 2012 and July 2013.  Elliott also admitted that on Dec. 10, 2012, he used his iPhone to produce sexually explicit depictions of a third child who was between one and five years of age.

In his plea agreement, Elliott also acknowledged that in July 2013, the New Mexico State Police executed a search warrant at his residence and seized his iPhone, a desktop computer and a hard-drive.  He also acknowledged that HSI executed a search warrant on his Dropbox online storage account.  Elliott acknowledged that forensic examinations recovered thousands of images of child pornography from his iPhone; 48 images of child pornography from his hard-drive, approximately 300 images of child pornography from his desktop computer, and 72 videos of child pornography from his Dropbox online storage account.

The case was investigated by the Las Cruces office of Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. 

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

The case also was brought as a part of the New Mexico 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 NMOAG.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – U.S. Attorney John C. Anderson, Acting Special Agent in Charge Maxwell D. Marker of the FBI’s Albuquerque Division, New Mexico State Police (NMSP) Chief Pete Kassetas, San Juan County Sheriff Ken Christesen, and Director Kevin Burns of the HIDTA Region II Narcotics Task Force announced today that a NMSP officer has been arrested and is charged with violating the federal drug laws.

NMSP Officer Daniel Capehart, 33, of Bloomfield, N.M., was arrested by the FBI, NMSP, San Juan County Sheriff’s Office (SJCSO), and HIDTA Region II Narcotics Task Force on June 29, 2018.  At the time of his arrest, Capehart was assigned to patrol duty in Farmington and San Juan County, N.M.  Upon arrest, Capehart was placed on administrative leave. 

Capehart made his initial appearance in federal court in Farmington, N.M., this morning before U.S. Magistrate Judge B. Paul Briones on a criminal complaint charging him with distribution of marijuana and methamphetamine.  Capehart remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for July 5, 2018, in federal court in Albuquerque, N.M.

The criminal complaint generally alleges that Capehart abused his position as a law enforcement officer by stealing quantities of drugs seized during arrests and giving the drugs to females with whom he was interested in pursuing romantic or sexual relationships.   To this end, the complaint alleges that on June 15, 2018, Capehart initiated a “flirtatious” “texting” relationship with a 16-year-old female who was a passenger in a friend’s vehicle, which was the subject of a traffic stop.  After Capehart allegedly agreed to dismiss the friend’s citations, Capehart allegedly sent a number of text messages to set up two clandestine deliveries of marijuana to the minor on June 21 and 23, 2018. 

The complaint alleges that unbeknownst to Capehart, the minor had turned her cellphone over to a SJCSO Detective on June 19, 2018, and Capehart allegedly had been communicating with the SJCSO Detective instead of the minor.  According to the complaint, investigators conducted surveillance as Capehart allegedly left the marijuana at the designated drop locations as discussed in the text messages, and collected the marijuana after Capehart departed from the areas.

According to the complaint, a confidential source (Source), known to Capehart as a methamphetamine user, informed the investigators that Capehart had been texting her for approximately nine months and that Capehart had contacted her by text as recently as June 5, 2018.  The Source reported that the texting relationship with Capehart also began with a traffic stop and was sexual in nature.  The Source permitted an FBI Special Agent to take control of her cellphone and pose as the Source beginning on June 27, 2018. 

The complaint alleges that during text messaging on June 28, 2018, between the FBI Special Agent posing as the Source and Capehart, the FBI Special Agent asked Capehart if he could “make me happy or vice versa,” and Capehart allegedly responded “if you know someone I can bust tomorrow then it makes my job easy.  Whatever I get I just split it.”  After the FBI Special Agent sent text messages to Capehart setting up a sting, the investigators put a plan into place to have an undercover officer, posing as a methamphetamine dealer and carrying 24 grams of methamphetamine, accompany the Source to the SunRay Casino in Farmington. 

According to the complaint, on the night of June 28, 2018, while the undercover officer and the Source were driving to the casino, Capehart allegedly executed a traffic stop on the undercover officer’s vehicle, arrested the undercover officer, and seized the methamphetamine.  In subsequent text messaging, Capehart allegedly told the FBI Special Agent, whom he believed to be the Source, that he would arrange for her to get her share of the methamphetamine after he booked the drug dealer. 

In the early hours of June 29, 2018, investigators conducted surveillance as Capehart allegedly drove from the San Juan County Detention Center to a park in Bloomfield, and walked into and out of the bathroom area in the park.  After Capehart departed the area, investigators went into the bathroom area and found a plastic container containing approximately 5.7 grams of methamphetamine.  The description and location of the container were consistent with information Capehart allegedly previously sent to the FBI Special Agent, whom he believed to be the Source, by text message.  Investigators arrested Capehart shortly thereafter at the Farmington office of the NMSP.

“As guardians of our communities, police officers have a solemn trust and responsibility to uphold the law. Any suggestion that an officer has breached that trust demands prompt action,” said U.S. Attorney John C. Anderson.  “My office will work closely with FBI, NMSP, SJCSO, and HIDTA Region II Narcotics Task Force to ensure that any violation of the public trust is addressed swiftly, thoroughly and in accordance with law.”

“The majority of law enforcement officers perform their duty with dedication and integrity, putting their lives on the line every day to keep our communities safe,” said Acting Special Agent in Charge Maxwell D. Marker of the FBI’s Albuquerque Division.  “It is a sad day when the FBI and our partners investigate someone accused of betraying their solemn oath to uphold the law, but it is a task we perform thoroughly and vigorously because the public must be able to trust their protectors.  We hope this arrest sends a clear message that misconduct by any law enforcement officer or any public official will not be tolerated.”

“The State Police is fully cooperating with the FBI in their investigation and we look forward to justice being served,” said New Mexico State Police Chief Pete Kassetas.  “Police officers take an oath to uphold the law and any violations of that oath are unacceptable.”

“The vast majority of law enforcement officers fulfill their duty with integrity and honor,” said San Juan County Sheriff Ken Christesen, “The small fraction that does not will not be tolerated in San Juan County or the State of New Mexico.”

“Police officers are entrusted by the citizens of New Mexico to uphold their oath with limited supervision.  It is always unfortunate when law enforcement officers have to investigate one of their own,” said Director Kevin Burns of the HIDTA Region II Narcotics Task Force.  “We are pleased with the hard work of our task force officers and our collaboration with the FBI on an investigation to uphold the integrity of our profession.”

If convicted on the marijuana distribution offenses, Capehart faces a statutory maximum penalty of five years of imprisonment.  If convicted on the methamphetamine distribution offense, Capehart faces a statutory maximum penalty of 20 years of imprisonment.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The investigation of his case, which is ongoing, is a collaborative effort by the Farmington office of the FBI, the New Mexico State Police, the San Juan County Sheriff’s Office, and the HIDTA Region II Narcotics Task Force.  Assistant U.S. Attorneys Peter J. Eicker and Shaheen P. Torgoley are prosecuting the case.

The HIDTA Region II Narcotics 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.

Capehart Complaint

ALBUQUERQUE – Darius L. James, 41, an enrolled member and resident of Acoma Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 15 years in prison for his conviction on voluntary manslaughter and firearms charges.  James will be on supervised release for three years after completing his prison sentence.

James was arrested on Aug. 24, 2017, on a criminal complaint charging him with killing an Acoma Pueblo man by shooting him on the Acoma Pueblo Indian Reservation in Cibola County, N.M.  According to the complaint, James found the victim hidden in a bedroom closet in his [James’] residence.  As the victim fled the scene, James followed him into a nearby field and fired several shots, hitting the victim three times and killing him.  At the time, James was prohibited from possessing firearms or ammunition because he was a convicted felon. 

On Jan. 11, 2018, James pled guilty to a felony information charging him with voluntary manslaughter and brandishing a firearm during a crime of violence.  In entering the guilty plea, James admitted that on July 24, 2017, he shot the victim with a rifle.  James acknowledged that he was prohibited from possessing firearms because he was a convicted felon, and agreed to forfeit his firearms and ammunition. 

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA Office of Justice Services and the Acoma Pueblo Tribal Police Department.  Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.

ALBUQUERQUE – Joaquin Alaniz, 41, of Carlsbad, N.M., pled guilty in federal court in Albuquerque, N.M., to marijuana trafficking and money laundering charges.  Alaniz’s plea agreement recommends a prison sentence of 42 months followed by a period of supervised release to be determined by the court.

Alaniz is one of ten defendants charged as the result of a two-year investigation by the FBI and IRS-Criminal Investigation into a drug trafficking organization led by Enrique Cavazos, 32, of Tijeras, N.M., that distributed high-grade marijuana throughout New Mexico and across the country.  The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.

Alaniz, Enrique Cavazos, his wife Lindsey Cavazos, 33, his father Felix Cavazos, 59, of Albuquerque, Daniel Nieto, 40, of Carlsbad, Eliberto Nava, 36, of Madera, Calif., Antonio Ruelas, 32, of Rio Rancho, N.M., and Robert D. Moreno, 38, of Ukiah, Calif., were charged by indictment in Nov. 2015, with marijuana trafficking and money laundering offenses.  The indictment charged the co-conspirators with participating in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.

According to court filings, Enrique Cavazos operated a marijuana trafficking business by directing his co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country.  Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds.  The couple engaged in a money laundering conspiracy and used bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.

The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants:  Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher.  The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.

During today’s proceedings, Alaniz pled guilty to a felony information charging him with conspiracy to distribute marijuana and conspiracy to commit money laundering.  In entering the guilty plea, Alaniz admitted that from at least Jan. 1, 2008 through Nov. 17, 2015, he participated in a conspiracy to cultivate, ship and sell marijuana to wholesalers and users by purchasing marijuana from Enrique Cavazos and distributing the marijuana in New Mexico for approximately a decade.  Alaniz further admitted that from at least April 10, 2013 through Nov. 17, 2015, he conspired with his codefendants to launder cash proceeds from the marijuana distribution conspiracy by transferring at least $50,850 of funds derived from the illegal sale of marijuana from his bank accounts to accounts controlled by Enrique and Lindsey Cavazos.  A sentencing hearing has yet to be scheduled.

Six of Alaniz’s co-defendants have entered guilty pleas, and four have been sentenced.  Nieto pled guilty on May 25, 2017, and was sentenced on June 26, 2018 to 36 months in prison followed by three years of supervised release.  Lindsey A. Cavazos pled guilty on May 24, 2017, and was sentenced on June 27, 2018 to five years of probation.  Enrique Cavazos pled guilty on May 24, 2017, and was sentenced on May 9, 2018, to 72 months in federal prison followed by three years of supervised release.  Ruelas pled guilty on Sept. 8, 2017, and was sentenced on May 2, 2018, to 30 months in federal prison followed by three years of supervised release.  Navia pled guilty on May 22, 2018, and Moreno pled guilty on June 12, 2018.  Sentencing hearings for Navia and Moreno are currently scheduled for Sept. 13, 2018.

The remaining three defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which is currently scheduled for July 2018.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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.  It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department.  Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case, and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.

ALBUQUERQUE – Five of the 22 defendants charged with federal drug trafficking and international money laundering charges in a superseding indictment filed in Aug. 2017, entered guilty pleas in federal court in Las Cruces, N.M., recently under plea agreements recommending sentences ranging from 36 months to 20 years of imprisonment.

Twenty-three defendants were charged on April 19, 2017, in a 44-count indictment, as the result of a 16-month DEA-led federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois.  During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles.  The investigation concluded in April 2017, with a multi-agency law enforcement operation that included the execution of arrest warrants in New Mexico and Texas, and six search warrants in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.

A superseding indictment was subsequently filed on Aug. 16, 2017, that included all of the charges from the indictment but removed one defendant.  The superseding indictment charged the 22 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017.  It also charged nine of the defendants with participating in an international money laundering conspiracy during that same period in time.  The superseding indictment also charges certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities.  It charges one defendant with a firearms offense.

The superseding indictment included 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy which describe the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved.  For example, the overt acts alleged that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin and 3.56 kilograms of methamphetamine from a courier at a U.S. Border Patrol checkpoint in Oct. 2016.

The superseding indictment also included forfeiture allegations, which sought forfeiture to the United States of the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation. 

The following five defendants have entered guilty pleas in the past two weeks:

• Jose Manuel Ortiz-Campos, 28, a legal permanent resident residing in El Paso, Texas, pleaded guilty on June 19, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, possession of methamphetamine and heroin with intent to distribute, and international money laundering.  Ortiz-Campos admitted that in April 2017, he obtained drugs brought into the United States in the southern New Mexico and El Paso, Texas areas, and transported and delivered the drugs to Albuquerque and other locations.  Ortiz-Campos admitted  collecting drug proceeds for delivery to Mexico.  Under the terms of his plea agreement, Ortiz-Campos will be sentenced within the range of 180 to 240 months in federal prison and will then be deported.
• Manuel German Ibarra, 34, of Albuquerque, N.M., pled guilty on June 26, 2018 to conspiracy to distribute methamphetamine, conspiracy to commit international money laundering, using a communication facility in furtherance of a drug trafficking crime, and international money laundering.  Ibarra admitted that in April 2017, he worked with others to distribute drugs in New Mexico and other locations by receiving and storing drugs in Albuquerque.  Ibarra also delivered drug proceeds to couriers who transported the money to Mexico.  Ibarra was responsible for trafficking approximately 3.6 kilograms of methamphetamine and three kilograms of cocaine.  At sentencing, Ibarra faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
• Daisy Hidalgo, 23, of Anthony, N.M., and Jasmine Lucia Soto, 20, of Chaparral, N.M., pled guilty on June 27, 2018, to conspiring to distribute methamphetamine and heroin, and possessing methamphetamine and heroin with intent to distribute.  Each admitted that in Nov. 2016, they drove or rode in vehicles loaded with drugs through checkpoints, and on Nov. 22, 2016, they were stopped for traffic violations in Belen, N.M., and law enforcement seized approximately 6.82 kilograms of pure methamphetamine and 3.0 kilograms of heroin from their vehicles.  At sentencing, Hidalgo faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  Soto entered her guilty plea under a plea agreement recommending a sentence of 36 months of imprisonment.
• Today, Diego Armando Rivas-Aguilar, 24, of El Paso, Texas, pled guilty to conspiracy to distribute methamphetamine and heroin, and to using a communication device in furtherance of a drug trafficking crime.  Rivas-Aguilar admitted that between April 2016 and Feb. 2017, he maintained a stash house in El Paso, Texas, where he distributed drugs imported into the United States, and the drugs were then transported to Albuquerque and other locations.  Rivas-Aguilar admitted that during this period, law enforcement agents seized approximately 15.2 kilograms of methamphetamine and 11.38 kilograms of heroin that had been delivered to the stash house and that Rivas-Aguilar subsequently delivered to transportation crews within the DTO.  Rivas-Aguilar pled guilty under a plea agreement recommending a sentence of 63 months of imprisonment followed by a term of supervised release to be determined by the court. 

To date, eight of the 22 defendants have entered guilty pleas and are awaiting sentencing.  Twelve defendants have entered pleas of not guilty and are pending trial.  Three defendants have yet to be arrested and are considered fugitives.  Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from the U.S. Border Patrol, New Mexico State Police and Hatch Police Department.  Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

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 – Daniel Nieto, 40, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his conviction on a hashish oil trafficking charge.

Nieto is one of ten defendants charged as the result of a two-year investigation by the FBI and IRS-Criminal Investigation into a drug trafficking organization led by Enrique Cavazos, 32, of Tijeras, N.M., that distributed high-grade marijuana throughout New Mexico and across the country.  The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.

Nieto, Enrique Cavazos, his wife Lindsey Cavazos, 33, his father Felix Cavazos, 59, of Albuquerque, Joaquin Alaniz, 41, of Carlsbad, Eliberto Nava, 36, of Madera, Calif., Antonio Ruelas, 32, of Rio Rancho, N.M., and Robert D. Moreno, 38, of Ukiah, Calif., were charged by indictment in Nov. 2015, with marijuana trafficking and money laundering offenses.  The indictment charged the co-conspirators with participating in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.

According to court filings, Enrique Cavazos operated a marijuana trafficking business by directing his co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country.  Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds.  The couple engaged in a money laundering conspiracy and used bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.

The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants:  Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher.  The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.

On May 25, 2017, Nieto pled guilty to one count of possession of hashish oil with intent to distribute.  In entering the guilty plea, Nieto admitted that as part of the investigation into his co-defendants, law enforcement officers learned that Nieto had been selling marijuana and hashish oil primarily provided to Nieto by his co-defendants for approximately seven to eight years.  Nieto further admitted that during a search of his residence in May 2015, law enforcement officers located approximately two pounds of hashish oil, prescription pills and two firearms.  Nieto acknowledged that the hashish oil that was found in his residence was to be distributed to other individuals.

Six of Nieto’s co-defendants have entered guilty pleas, and two have been sentenced.  Enrique Cavazos pled guilty on May 24, 2017, and was sentenced on May 9, 2018, to 72 months in federal prison followed by three years of supervised release.  Ruelas pled guilty on Sept. 8, 2017, and was sentenced on May 2, 2018, to 30 months in federal prison followed by three years of supervised release.  Lindsey A. Cavazos pled guilty on May 24, 2017, Navia pled guilty on May 22, 2018, and Moreno pled guilty on June 12, 2018.  Sentencing hearings for these three defendants have yet to be scheduled.

The remaining four defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which is currently scheduled for July 2018.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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.  It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department.  Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case, and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.

ALBUQUERQUE – Richard Fierro, 43, of Carlsbad, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 15 years of imprisonment for his conviction on kidnapping and firearms charges.  Fierro will be on supervised release for three years after completing his prison sentence.  U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Shane Skinner of the Carlsbad Police Department (CPD) announced the sentence.

Fierro 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 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.

The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Fierro in Nov. 2016, on a criminal complaint charging him with violating the federal firearms laws on Oct. 28, 2016, in Carlsbad, in Eddy County, N.M.  According to the complaint, Fierro forced two children into his vehicle at gunpoint, crashed the vehicle, and attempted to flee the scene before CPD officers arrested him.  Officers found a firearm, ammunition, and marijuana in Fierro’s vehicle during a search incident to the arrest.

Fierro was indicted on Feb. 15, 2017, and was charged with kidnapping two victims, and with being a felon in possession of a firearm and ammunition on Oct. 28, 2016, in Eddy County.  According to the indictment, Fierro was prohibited from possessing firearms or ammunition because he previously had been convicted on cocaine trafficking, aggravated battery, possession of a firearm by a felon, and possession of cocaine base with intent to distribute.

On Oct. 17, 2017, Fierro pled guilty to the indictment.  In entering the guilty plea, Fierro admitted that on Oct. 28, 2016, he forced the two juveniles into his vehicle based on the belief that he needed to kidnap them in order to protect his daughter from harm.  He later realized that this was not true.  Fierro admitted driving around Carlsbad with the two kidnapped victims until he crashed into another vehicle and fled the scene.  Fierro also admitted possessing a firearm and ammunition during the kidnapping even though he was prohibited from possessing firearms and ammunition due to 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 the Carlsbad Police Department and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – A registered nurse, formerly employed by an Albuquerque-area hospice care provider, was sentenced yesterday afternoon in federal court in Albuquerque, N.M., for her conviction on a prescription opioid conspiracy charge.  Desiree Ulibarri, 32, of Albuquerque, will serve 36 months in federal prison followed by three years of supervised release.

Ulibarri and co-defendant Annabel Debari, 37, also of Albuquerque were charged in August 2016, in a two-count indictment with conspiracy to distribute oxycodone, and conspiracy to acquire and obtain oxycodone by fraud and deceit.  According to the indictment, the two women committed the crimes in Bernalillo County, N.M., between April 2016 and July 2016. 

The investigation of this case began on July 21, 2016, after Ulibarri’s employer, a hospice care provider, contacted DEA to report suspicions that Ulibarri was engaged in prescription pill diversion.  The employer became suspicious because Ulibarri was documenting patients’ prescriptions in a way that made it difficult to reconcile the medications and because Ulibarri was picking up patients’ prescription pills at Federal Express instead of having the medication delivered to the patients.

On July 22, 2016, DEA agents seized 80 10-mg oxycodone pills from Ulibarri, which she obtained from packages she retrieved from Federal Express.  When DEA agents conducted a consensual search of Ulibarri’s cellular phone, they allegedly found evidence that Ulibarri had been conspiring with a co-worker, who is also a registered nurse, to illegally distribute prescription pills since April 2016.  Additionally, a review of records of missing packages revealed that at least 3,870 pills, an aggregate of 42,150 mgs of oxycodone, had been diverted during the course of the conspiracy.

On June 15, 2017, Ulibarri pled guilty to the indictment.  In her plea agreement, Ulibarri admitted that she was a registered nurse in March 2016, when she was hired by a hospice care provider, and in April 2016, she began to abuse her position to divert prescription medications from their intended recipients.  She acknowledged that she recommended oxycodone prescriptions for patients who did not need oxycodone with the intention of selling the pills to others.  Ulibarri admitted arranging for a courier service to hold packages of oxycodone intended for patients for pickup instead of delivering the medication to the patients, and picking up the medication herself so she could divert the oxycodone for distribution and her own personal use.  Ulibarri also admitted recommending that her employer hire Debari, who was also a registered nurse, so that Debari could assist her in diverting and distributing oxycodone pills in New Mexico. 

Debari entered a guilty plea to similar charges on Dec. 9, 2016.  In entering her guilty plea, Debari admitted that she personally diverted at least 750 10-milligram oxycodone pills in furtherance of Ulibarri’s diversion scheme.  As part of that scheme, on June 7, 2016, Ulibarri called the courier service and pretended to be the intended recipient of the oxycodone pills, and requested that the courier service release the medication to Debari.  Debari also admitted that on July 18, 2016, she helped Ulibarri conceal their diversion scheme from their employer by arranging for another person to call their employer and falsely claim to be an employee of the courier service who was reporting that the oxycodone pills had gone missing. 

Debari’s sentencing hearing has yet to be scheduled.

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

Assistant U.S. Attorneys Alexander M. Uballez and Kristopher N. Houghton are prosecuting the case pursuant to 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.

Media Availability to Follow Consultation

 

ALBUQUERQUE – U.S. Department of Justice Opioid Coordinator Mary Daly and U.S. Attorney John C. Anderson will consult with Tribal Leaders from Pueblos in northern New Mexico which have been deeply affected by the heroin and opioid epidemic.  The consultation, undertaken as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, a partnership between the UNM Health Sciences Center and the U.S. Attorney’s Office, will take place at 1:00 pm on June 25, 2018, at the offices of the Eight Northern Indian Pueblos Council (ENIPC) in Ohkay Owingeh, N.M. 

The consultation will provide tribal leaders and officials an opportunity to discuss the devastating impact heroin and opioids have had on tribal communities in northern New Mexico.  Ms. Daly and U.S. Attorney Anderson will discuss the Justice Department’s programs and initiatives for combatting the opioid crisis, particularly in Indian Country.

Tribal Leaders, Ms. Daly and U.S. Attorney Anderson will be available to meet with the media at 2:30 p.m. at the ENIPC offices in Ohkay Owingeh following the consultation.

WHO:            

Tribal Leaders, Ms. Daly and U.S. Attorney Anderson will be available to meet with the media at 2:30 pm following the consultation.

Participants in Consultation (in formation)

Mary Daly, U.S. Department of Justice Opioid Coordinator

U.S. Attorney John C. Anderson

Governor J. Michael Chavarria of Santa Clara Pueblo, Chairman of ENIPC

Governor Phillip A. Perez of Nambe Pueblo

Governor Joseph Talachy of Pojoaque Pueblo

Governor Perry Martinez of San Ildefonso Pueblo

WHAT:         

Media Availability following DOJ Consultation with Tribal Leaders

WHEN:         

Monday, June 25, 2018 at 2:30 p.m.

WHERE:      

ENIPC Offices

327 Eagle Drive

Ohkay Owingeh Pueblo, NM

OPEN PRESS

NOTE:  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 8:00 a.m.  RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or alyssa.ferda@usdoj.gov.

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.

ALBUQUERQUE – U.S. Department of Justice Opioid Coordinator Mary Daly will join federal and tribal officials, including U.S. Attorneys John C. Anderson for the District of New Mexico and Kurt G. Alme for the District of Montana, at a two-day training conference aimed at strengthening law enforcement efforts to fight opioids and other dangerous drug trafficking in Indian Country.

The training, entitled “Investigative Techniques Related to the Enforcement of Illicit Drug Trafficking in Indian Country” will take place Tuesday and Wednesday, JUNE 26 and 27, 2018, in Albuquerque, N.M.  The U.S. Drug Enforcement Administration (DEA), Bureau of Indian Affairs Office of Justice Services, FBI, and tribal police officials will participate in the two-day event focused on drug identification for dangerous drugs, such as fentanyl, and strengthening law enforcement investigations and responses.  Opening remarks on both days are OPEN PRESS.

WHEN:                     

Tuesday, June 26, 2018, 8:30 a.m. – 9:15 a.m. MST 

Opening Remarks

John C. Anderson, United States Attorney, District of New Mexico 

Mary Daly, Opioid Coordinator, Office of the Deputy Attorney General, U.S. Department of Justice

Kyle Williamson, Special Agent in Charge, DEA, El Paso Field Division

Charles Addington, Director, BIA Office of Justice Services

Derek Fuller, Assistant Special Agent in Charge, FBI Albuquerque

Robert Kennedy, Staff Coordinator, DEA

Wednesday, June 27, 2018, 8:30 a.m. - 9:00 a.m. MST

Keynote Address

Kurt G. Alme, United States Attorney,

District of Montana and Vice Chair of the Attorney General’s Native American Issues Subcommittee

WHERE:                  

Bureau of Indian Affairs-Office of Justice Services District IV

1011 Indian School Road NW

Rooms 233-234

Albuquerque, NM 87104

NOTE:  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 8:00 a.m.  RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or alyssa.ferda@usdoj.gov.

ALBUQUERQUE – Alan William Weber, 37, of Clovis, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to the 49 days of time he has already served in custody to be followed by three years of supervised release for violating the federal firearms laws by possessing an unregistered sawed-off shotgun.  Weber’s term of supervised release will include 15 months of home detention under electronic monitoring during which time Weber will be required to comply with a curfew.  Weber also was ordered to forfeit the eight firearms seized from his residence in Jan. 2017.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Weber on Feb. 23, 2017, on a criminal complaint charging him with firearms offenses.  According to the complaint, Weber pointed a firearm at an EMS crewmember on Jan. 30, 2017, during a call for service at Weber’s residence.  Law enforcement agents subsequently found a large gun safe in Weber’s residence containing multiple firearms and ammunition while executing a search warrant incident to Weber’s arrest on local charges.  Subsequent investigation in Feb. 2017 by ATF revealed that Weber did not have any firearms registered to him in the National Firearms Registration and Transfer Record (NFRTR) and that Weber previously had been convicted of a misdemeanor domestic violence offense.

Weber was indicted on July 27, 2017, and was charged with being a person previously convicted of a misdemeanor domestic violence offense in possession of a firearm, and possession of an unregistered firearm on Jan. 30, 2017, in Curry County, N.M. 

On Nov. 17, 2017, Weber pled guilty possession of an unregistered firearm.  In entering the guilty plea, Weber admitted that on Jan. 30, 2017, he possessed a sawed-off shotgun that was not registered to him in the NFRTR.

This case was investigated by the ATF office in Albuquerque and the Clovis Police Department and was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.

ALBUQUERQUE – Russell Young, 39, of Albuquerque, N.M., a prior sex offender who is serving a term of supervised release from a prior child pornography conviction, is facing new child pornography charges in a criminal complaint filed by the FBI in federal court in Las Cruces, N.M.  Young made his initial appearance in federal court in Las Cruces, N.M., on June 18, 2018, and this morning, a U.S. Magistrate Judge in Las Cruces found probable cause to support the charges in the criminal complaint.  The Magistrate Judge also ordered Young detained pending trial based on findings that he poses a danger to the community.

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 alleges that Young violated 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, allegedly contained multiple images of child pornography. 

If convicted 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 five to 20 years because of his prior child pornography conviction.  If convicted 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 ten year maximum penalty because of his prior child pornography conviction.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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 – James Baldinger, 51, of Minnesota, and a transport officer with the Prisoner Transportation Services of America (PTS), appeared in federal court today in Duluth, Minn., after a federal grand jury sitting in Albuquerque, N.M., indicted him on charges related to his sexual assaults of a female in his custody, and using his firearm in furtherance of those assaults. Counts One and Two of the indictment charge Baldinger with committing civil rights offenses that resulted in bodily injury, including aggravated sexual abuse and the use of a deadly weapon.  Count Three charges Baldinger with knowingly possessing a firearm in furtherance of these crimes of violence.

Baldinger faces a maximum of life in prison if convicted of the crimes charged, and a mandatory minimum of five years in prison for possession of the firearm.

An indictment is merely a formal accusation of criminal conduct, and Baldinger is presumed innocent unless proven guilty.

This case is being investigated by the Albuquerque Division of the FBI in cooperation with the New Mexico State Police.  It is being prosecuted by Assistant U.S. Attorney Shaheen Torgoley of the District of New Mexico, and Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice. 

ALBUQUERQUE – Jeffrey Antonio, 36, an enrolled member and resident of Laguna Pueblo, N.M., was sentenced yesterday evening in federal court in Albuquerque, N.M., to 20 years of imprisonment for his second-degree murder conviction.  Antonio will serve a three-year term of supervised release after completing his prison sentence.  The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services, and Bernalillo County Sheriff Manuel Gonzales, III.

Antonio was indicted on March 23, 2016, on a second-degree murder charge.  The indictment alleged that Antonio committed the offense on July 31, 2015, on the Sandia Pueblo Indian Reservation in Bernalillo County, N.M.

A federal jury found Antonio guilty on the sole count of the indictment on April 19, 2017, after a three day trial.   The evidence at trial established that on July 31, 2015, Antonio was driving a truck on the Sandia Pueblo Indian Reservation when he swerved into oncoming traffic and crashed head-on into another vehicle, injuring the driver and killing the passenger.  Law enforcement officers who responded to the scene of the crash observed a cold four-pack of beer in Antonio’s truck that was missing two cans and noted that Antonio smelled of alcohol.  The results of a blood test at a hospital following the crash revealed that Antonio had a BAC of .19.

During the trial, the jury learned that Antonio has two prior convictions for driving under the influence of alcohol; one in 2008 and another in 2011, which required that Antonio complete a first offender program.  The program incorporates educational aspects of the risks associated with driving while impaired.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Bernalillo County Sheriff’s Department.  Assistant U.S. Attorneys Joseph Spindle and Michael D. Murphy prosecuted the case.