District of New Mexico

ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict on Saturday afternoon (Sept. 30, 2017) finding Brian Tony guilty on first-degree murder and witness tampering charges after a five-day trial, announced Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.

 

Tony, 46, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was arrested on June 3, 2016, on a criminal complaint charging him with killing a man by stabbing him in the head and neck and hitting him with a hammer.  According to the criminal complaint, Tony committed the murder on the Navajo Indian Reservation in McKinley County, N.M., on May 9, 2016.  At the time, Tony was on supervised release for a prior conviction on a federal assault charge.

 

In June 2016, a federal grand jury indicted Tony on a second-degree murder charge.  The indictment was superseded on Aug. 8, 2017.  The superseding indictment charged Tony with first-degree murder and two counts of witness tampering.  The superseding indictment charged Tony with murdering the victim deliberately and with premeditation by beating him with a hammer and rock and stabbing him with a knife on May 9, 2016, in McKinley County.  It also charged Tony with engaging in witness tampering between May 2016 and Aug. 2017, in Santa Fe County, N.M. 

 

Trial on the superseding indictment commenced on Sept. 25, 2017, and concluded the afternoon of Sept. 30, 2017 when the jury returned a guilty verdict on all three counts in the superseding indictment.  The evidence at trial established that on the evening of May 8, 2016, Tony, who was accompanied by his brother and his girlfriend, drove to a residence in Gallup, and picked up the victim and the victim’s friend.  While at the residence, Tony retrieved a hammer and placed it in his vehicle.

 

The victim’s friend testified that Tony drove the victim and the three others to a location called “Superman Canyon,” where Tony directed the victim to get out of the car and follow him to an area beyond the sight of those in the vehicle.  Thereafter, the victim’s friend attempted to get out of the vehicle after hearing the victim yell, but Tony’s brother prevented him from doing so by threatening him with violence.  The victim’s friend testified that Tony later returned to the vehicle covered in blood, without the victim, and with the victim’s knife sticking through his forearm.

 

While Tony and the victim were off on their own and out of the sight of the other three, the victim called “911,” and requested assistance.  The jury heard the victim’s nearly ten minute call to “911,” during which the victim said that he was on foot in a ditch and was bleeding as the result of having been hit in the head with a hammer.  The victim identified Tony as the person who hit him and described the vehicle in which they had traveled.  The call ended with the victim saying, “Hurry, here he comes now!  Hurry!”  The following day, law enforcement authorities found the victim’s body in a ravine located by Rock Flats Road near Churchrock, N.M.  A hammer was located in the ravine near the victim’s body and a large rock with bloodstains was next to the victim’s body.  The victim was wearing an empty knife sheath on his belt.  An autopsy revealed that the victim had been stabbed repeatedly in the head and neck and had blunt-force trauma wounds on his head.  

 

The evidence at trial established that, following Tony’s arrest in June 2016, he was detained at the Santa Fe County Detention Center from which he placed more than 1,000 calls to friends and relatives.  During these calls, which were recorded, Tony implored his friends and relatives to convince the victim’s friend to leave town and to prevent him from testifying.  The jury heard a number of these calls and heard Tony as he attempted to intimidate, threaten and persuade his girlfriend from cooperating with law enforcement authorities.

 

Tony testified in his own defense and claimed that he acted in self-defense when he killed the victim.  

 

The jury deliberated approximately 10 hours before returning the guilty verdict.  

 

Tony has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Tony faces a statutory mandatory sentence of life imprisonment.

 

This case was investigated by the Albuquerque and Gallup offices of the FBI and the Navajo Nation Division of Public Safety. 

 

Assistant U.S. Attorney’s Joseph M. Spindle and Nicholas J. Marshall are prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Jason Gene Lay, 35, of Park Hill, Okla., was sentenced yesterday in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on a methamphetamine trafficking charge.  Lay will be on supervised release for three years after completing his prison sentence.

 

Lay was arrested on March 28, 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Feb. 11, 2016, in Chaves County, N.M.  According to the complaint, law enforcement agents seized approximately 53.4 grams of crystal methamphetamine, three handguns, $4,000 cash and drug paraphernalia when they executed a search warrant at a hotel room in which Lay had been residing.

 

On Sept. 14, 2016, Lay pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Lay admitted that on Feb. 11, 2016, law enforcement agents executed a search warrant on his hotel room, and found methamphetamine hidden in false compartments inside two canisters, $4,000 and three handguns.  Lay further admitted that he planned to distribute the methamphetamine.

 

This case was investigated by the Las Cruces office of the DEA and the Chaves County Metro Narcotics Task Force.  Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case. 

 

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

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and U.S. Marshal Conrad E. Candelaria announced that a federal grand jury has charged Nathan Jensen, 34, of Albuquerque, N.M., with assaulting a federal employee.  Jensen entered a not guilty plea to the indictment this morning during an arraignment hearing in federal court.

 

The indictment, which was filed on Sept. 21, charges Jensen with assaulting a federal employee who was engaged in the performance of his official duties on May 11, 2017, in the Sandoval County Detention Center (assault case).  At the time, Jensen was detained pending sentencing in another federal case in which he had entered a guilty plea to being a felon in possession of a firearm and ammunition (firearms case).

 

Court records reflect that the U.S. Marshals Service’s Southwest Investigative Fugitive Team (USMS-SWIFT) arrested Jensen in the firearms case on May 16, 2016, while Jensen was on supervised release from a prior federal conviction for being a felon in possession of a firearm.  The federal court had issued a warrant for Jensen’s arrest on May 4, 2016, based on a petition filed by the U.S. Probation Office to revoke his supervised release.  According to the petition, Jensen had been released from the custody of the U.S. Bureau of Prisons on April 25, 2016, after completing an 84-month prison sentence, with directions to report to his probation officer and a halfway house at which he was to reside for up to six-months.  The arrest warrant issued after Jensen failed to report either to his probation officer or to the halfway house, and Jensen was in possession of a firearm and ammunition when the USMS-SWIFT arrested him. 

 

Jensen was indicted in the firearms case on June 14, 2016.  The indictment stated that  Jensen was prohibited from possessing firearms or ammunition on May 16, 2016, because he previously had been convicted of several felony offenses in the state courts of New Mexico in addition to his federal conviction for being a felon in possession of a firearm.  On Feb. 27, 2017,

Jensen pled guilty to the indictment and admitted that he unlawfully was in possession of a firearm and ammunition on May 16, 2016, when the USMS-SWIFT arrested him for violating the conditions of his supervised release. 

 

Jensen currently is scheduled for sentencing in the firearms case on Oct. 25, 2017, and faces a statutory mandatory minimum penalty of 15 years of imprisonment based on his status as an armed career criminal.  If convicted on the assault charge, Jensen faces a maximum penalty of ten years in federal prison.

 

The assault case was investigated by the USMS, and the firearms case was investigated by the Albuquerque office of ATF and the USMS-SWIFT.  Assistant U.S. Attorney Eva Mae Fontanez is prosecuting the two cases under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible..

ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 78 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 41 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

This week, another defendant entered a guilty plea and two other defendants were sentenced on guilty pleas previously entered.      

 

Albuquerque resident David Torrez, 32, entered a guilty plea on Sept. 26, 2017, to a methamphetamine trafficking charge.  Torrez and co-defendant Jeneill Ayala, 25, were charged by indictment on July 28, 2016, with conspiracy and distributing methamphetamine on June 21, 2016, in Bernalillo County.  Torrez pled guilty to Count 2 of the indictment and admitted selling approximately two ounces of methamphetamine to an undercover law enforcement agent on June 21, 2016.  At sentencing, Torrez faces a statutory penalty of not less than five years and not more than 40 years in federal prison.  His sentencing hearing has yet to be scheduled.  Ayala has entered a not guilty plea to the charges in the indictment and is pending trial, which is scheduled for Nov. 27, 2017.

 

Also on Sept. 26, 2017, two other Albuquerque residents were sentenced for their convictions on methamphetamine trafficking offenses.  Joshua Sedillo, 31, was sentenced to 140 months in federal prison followed by five years of supervised release, while his co-defendant Ramon Quezada, 33, was sentenced to 48 months in prison followed by three years of supervised release. 

 

Sedillo and Quezada were arrested in July 2016, on an indictment charging them with conspiracy to distribute methamphetamine on May 11, 2016, and Sedillo individually with distributing methamphetamine on May 25, 2016.  On Jan. 23, 2017, Quezada pled guilty to a felony information charging him with distributing methamphetamine and admitted that on May 11, 2016, he possessed approximately 90 grams of methamphetamine which he intended to transfer to another person.  Sedillo pled guilty to the indictment on April 18, 2017, without the benefit of a plea agreement.

 

Twenty-two of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   One defendant is a fugitive and the charges against two defendants have been dismissed.

 

These cases were investigated by the Albuquerque office of ATF.  Assistant U.S. Attorney Presiliano Torrez prosecuted Sedillo and Quezada, and Assistant U.S. Attorney Eva Fontanez is prosecuting Torrez.

ALBUQUERQUE – Last week, a federal grand jury returned an indictment charging Adonis Baker, 32, of Albuquerque, N.M., and Leotha Williams, 56, of Memphis, Tenn., with sex trafficking offenses.  Yesterday Baker was arraigned on the indictment in federal court in Albuquerque, entering a not guilty plea, and was ordered detained pending trial during a detention hearing this morning.  Williams was arrested in Little Rock, Ark., on Sept. 25, 2017, and is in the process of being transported to New Mexico to face the charges in the indictment.   

 

Baker and Williams are charged in a 12-count indictment, which was filed on Sept. 21, 2017, with committing a series of commercial sex trafficking offenses between June 2012 and June 2015.  The indictment charges Baker with forcing five adult victims and one victim under the age of 18 to engage in commercial sex acts, and transporting the victims across state lines for the purpose of engaging in prostitution.  The indictment charges Williams with forcing one of the adult victims to engage in commercial sex trafficking and transporting that victim across state lines for the purpose of engaging in prostitution.  According to the indictment, the defendants committed the crimes in Bernalillo County, N.M., from June 2012 through at least Aug. 2017.

 

If convicted on the crimes charged in the indictment, the defendants face the following penalties: 

• Baker and Williams each face a statutory mandatory minimum of 15 years and a maximum of life in prison on the sex trafficking by force, fraud or coercion charges;
• Baker and Williams each face a statutory maximum of 20 years in prison on the interstate transporting for illegal sexual activities charges;
• Baker faces a statutory mandatory minimum of 15 years and a maximum of life in prison on the sex trafficking of a child charge; and
• Baker faces a statutory mandatory minimum of ten years and a maximum of life in prison on the interstate transporting of a child for illegal sexual activity charge. 

 

Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

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

ALBUQUERQUE – Mark William Elliot, 46, of Raton, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition.  Elliot entered the guilty plea under a conditional plea agreement that permits him to withdraw his guilty plea if he is successful in challenging a court order denying his motion to suppress evidence seized from him when he was arrested, which included a firearm and ammunition. 

 

Elliot was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition and possession of methamphetamine with intent to distribute on March 25, 2016, in Bernalillo County, N.M.  According to the indictment, Elliot was prohibited from possessing firearms or ammunition because he previously had been convicted of five counts of receiving or transferring a stolen vehicle, tampering with evidence, forgery and shooting at an occupied building.

 

According to court documents, on March 25, 2016, Albuquerque Police Department (APD) officers found Elliot asleep on the sidewalk next to his motorcycle, which was illegally parked in the road next to a stop sign.  After waking Elliot, the officers observed a bulge in Elliot’s right front pocket.  When the officers realized there was a firearm in Elliot’s pocket, Elliot attempted to flee, ran into an APD officer, and was arrested.  APD officers recovered a loaded firearm and ammunition, approximately 18 grams of methamphetamine and drug paraphernalia from Elliot’s jacket during a search incident to his arrest. 

 

During today’s proceedings, Elliot pled guilty conditionally to Count 1 of the indictment charging him with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Elliot admitted possessing a loaded firearm in his right front pocket during an interaction with APD officers on March 25, 2016.  Elliot acknowledged that he was prohibited from possessing firearms or ammunition on March 25, 2016, because of his status as a convicted felon.

 

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

 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – Jimmie Joe Lucero, 51, of Albuquerque, N.M., was arraigned today in federal court on an indictment charging him with violating the federal firearms laws.  Lucero entered a not guilty plea to the indictment and remains detained pending trial, which has yet to be scheduled.

 

Lucero, whose prior criminal history includes at least eight prior felony convictions including convictions for assault, aggravated assault with a deadly weapon, and battery on a peace officer, is being prosecuted as part of the federal “worst of the worst” anti-violence initiative.  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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

The FBI arrested Lucero on June 15, 2017, based on a criminal complaint charging him with being a felon in possession of a firearm.  According to the criminal complaint, FBI agents found a firearm in Lucero’s vehicle during the execution of a search warrant at Lucero’s residence.  The indictment, which was filed on Sept. 21, 2017, charges Lucero with unlawfully possessing a firearm on June 15, 2017, in Bernalillo County, N.M., and alleges that Lucero was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

Lucero is detailed pending trial.  If convicted, Lucero faces a maximum penalty of ten years in federal prison for being a felon in possession of a firearm. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo.

ALBUQUERQUE – Lane Michael Reed, 23, of Killeen, Texas, was arraigned today in federal court in Albuquerque, N.M., on a seven-count indictment charging him with armed robbery of businesses involved in interstate commerce, carjacking and firearms offenses arising out of an alleged crime spree occurring on July 24-25, 2017.  Reed entered a not guilty plea to the indictment and remains detained pending trial, which has yet to be scheduled.

 

Acting U.S. Attorney James D. Tierney said Reed is being prosecuted as part of the federal “worst of the worst” anti-violence initiative.  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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

The indictment, which was filed on Sept. 21, 2017, charges Reed with armed robbery of two businesses involved in interstate commerce, carjacking, using, brandishing and discharging a firearm in relation to crimes of violence, and being a felon in possession of a firearm.  According to the indictment, Reed allegedly robbed a gas station and convenience store in Raton, N.M., on July 24, 2017, and allegedly brandished a firearm while committing that crime.  The indictment further alleges that Reed robbed a gas station and convenience store in San Jose, N.M., on July 25, 2017, and brandished a firearm while committing that crime.  The indictment also charges Reed with carjacking a pickup truck by brandishing a firearm at the vehicle’s owner on July 25, 2017, in San Miguel County, N.M., and with unlawfully possessing firearms and ammunition on July 24, 2017 and July 25, 2017, in Colfax, San Miguel, Santa Fe, and Sandoval Counties, N.M.  According to the indictment, Reed was prohibited from possessing firearms or ammunition because of his previous felony conviction for residential burglary.

 

Reed was arrested in July 2017, based on a 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 allegedly 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 allegedly brandished a firearm at the storeowner and robbed the storeowner of the keys to his vehicle and a firearm.  Reed allegedly 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 allegedly 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.

 

 If convicted of the charges in the indictment, Reed faces the following statutory maximum penalties:  20 years of imprisonment on the Hobbs Act robbery charges; 15 years of imprisonment on the carjacking charge; and ten years of imprisonment for being a felon in possession of a firearm.  Reed also faces the following statutory mandatory minimum penalties on three of the firearms charges:  seven years of imprisonment for brandishing a firearm in relation to the first robbery; 25 years of imprisonment for discharging a firearm in relation to the second robbery; and 25 years of imprisonment for brandishing a firearm in relation to the carjacking.  These sentences must be served consecutive to any sentence imposed on the Hobbs Act, carjacking and felon in possession of a firearm charges. 

 

Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

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 – Acting U.S. Attorney James D. Tierney and Inspector in Charge Keith Fixel of the Phoenix Division of the U.S. Postal Inspection Service (USPS) announced the arraignment this morning of four Albuquerque, N.M., residents in federal court on an indictment alleging conspiracy and bank fraud charges.  The charges arise out of an alleged scheme to steal mail from USPS collection boxes at U.S. Post Offices in the Albuquerque area in July and Aug. 2017.

 

The four defendants, Jorge R. Cabrera, 19, Hector Lau, 21, Yarelys Marquez, 19, and Fernando Cairo-Rosell, 29, are charged with conspiracy and nine counts of bank fraud in a ten-count indictment, which was filed on Sept. 21, 2017.  All four defendants entered not guilty pleas to the indictment during the arraignment hearings.

 

U.S. Postal Inspectors arrested the four defendants on Aug. 30, 2017, based on criminal complaints charging them with theft of mail and bank fraud charges.  The criminal complaint alleged that in July and Aug. 2017, mail collection boxes at USPS stations in Albuquerque repeatedly were broken into and mail was stolen.  The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks deposited in the mail collection boxes had been stolen, altered and deposited into accounts allegedly held by the defendants. 

 

According to the indictment, the four defendants participated in a conspiracy to commit bank fraud that began in July 2017 and continued until Aug. 2017, and operated in Bernalillo County, N.M.  The indictment also charges the four defendants with committing bank fraud against four credit unions that maintain branches in Albuquerque.  The indictment alleges that the defendants conspired to commit bank fraud by stealing checks that had been deposited in U.S. mail depositories, altering the checks, and attempting to pass the checks off as legitimate to banking institutions.  The indictment alleges that as part of their bank fraud scheme, the defendants deposited checks, which had been altered to make them payable to members of their conspiracy and in amounts ranging from $500 to $4,754, into bank accounts held by members of the conspiracy. 

           

If convicted, the defendants each face a statutory maximum penalty of five years in federal prison on the conspiracy charge and 30 years in prison on the bank fraud charges.  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 offices of the U.S. Postal Inspection Service and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.

ALBUQUERQUE – Martin Garcia, 37, of Socorro, N.M., was arraigned this morning on a five-count indictment charging him with violating the Hobbs Act and federal firearms laws.  The charges in the indictment arise out of an Aug. 29, 2017 crime spree during which Garcia allegedly robbed two commercial businesses at gunpoint, attempted to run over an officer, and shot a firearm in the direction of an officer who was trying to apprehend him.  Garcia entered a not guilty plea to the indictment.

 

The indictment, which was filed on Sept. 21, 2017, charges Garcia with violating the Hobbs Act by robbing two Albuquerque-area businesses engaged in interstate commerce, a wireless communications service provider and a pizza restaurant, at gunpoint on Aug. 29, 2017.  It also charges Garcia with brandishing a firearm during the first robbery and discharging a firearm during the second robbery, and with being a felon in possession of a firearm.  The indictment alleges that Garcia committed the five crimes in Bernalillo County.

 

According to court filings, Garcia robbed two employees of a wireless communications service provider at gunpoint on Aug. 29, 2017, and robbed two employees at a pizza restaurant at gunpoint later that same day.  Following the second robbery, a high-speed pursuit occurred as officers of the Albuquerque Police Department (APD) attempted to apprehend Garcia.  During the pursuit, Garcia allegedly rear-ended a civilian vehicle, attempted to run over an officer who was deploying a spike strip across the road, and discharged a firearm.  Officers arrested Garcia after he crashed his vehicle and ran into an abandoned residence.   Following the arrest, officers allegedly seized a loaded firearm from a closet in the abandoned residence, a shell casing on the floorboard of the vehicle Garcia had been driving, and a second shell casing on the ground near the driver’s side door of the vehicle. 

 

The FBI arrested Garcia on a federal criminal complaint on Sept. 8, 2017, and the related state charges subsequently were dismissed in favor of federal prosecution.  Garcia remains in federal custody pending trial based on judicial findings that he poses a risk of flight and a danger to the community. 

 

If convicted on the Hobbs Act robbery charges, Garcia faces a statutory maximum penalty of 20 years of imprisonment.  If convicted on the felon in possession of a firearms charge, Garcia faces a statutory maximum sentence of ten years of imprisonment unless he is deemed to be an armed career criminal, in which case, he faces an enhanced sentence of not less than 15 years of imprisonment.  Garcia also faces up a mandatory minimum of seven years of imprisonment for brandishing a firearm in relation to the first robbery and a mandatory minimum of 25 years of imprisonment for discharging a firearm in relation to and during the flight from the commission of the second robbery; these sentences must be served consecutive to any sentence imposed on the other charges. 

 

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 APD, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.   

ALBUQUERQUE – Jamell Damian Harris, Jr., 38, of Los Angeles, Calif., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office

 

The DEA arrested Harris in July 2017, after seizing approximately 470 grams (1.04 pounds) of heroin from him during an interdiction investigation at the Amtrak Train Station in Albuquerque.  The criminal complaint setting forth the charge against Harris indicated that the heroin was contained in a bundle that was concealed in a suitcase belonging to Harris’ travel companion.

 

Harris subsequently was indicted on Aug. 8, 2017, and was charged with conspiracy and possession of heroin with intent to distribute on July 13, 2017, in Bernalillo County, N.M.

 

During today’s change of plea hearing, Harris pled guilty to Count 2 of the indictment charging him with possession of heroin with intent to distribute.  In entering the guilty plea, Harris admitted transporting approximately 390.90 grams of heroin from Victorville, Calif., to Albuquerque on a on the Amtrak train by concealing the heroin in a bundle contained inside a shopping bag of men’s clothing in a suitcase belonging to another person with whom Harris was traveling.  Harris further admitted that he intended to give the heroin to another individual for further distribution once he reached his final destination of Chicago.

 

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

 

This case was investigated by the Albuquerque office of the DEA.  Assistant U.S. Attorney Rumaldo R. Armijo 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.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Robert Lorenzo Perea, 32, of Sandia Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 21 months in prison for violating federal firearms laws by unlawfully possessing a firearm and ammunition.  Perea will be on supervised release for three years after completing his prison sentence.

 

Perea was arrested in Nov. 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 31, 2016, in Sandoval County, N.M.  According to the indictment, Perea was prohibited from possessing firearms or ammunition because he previously had been convicted of child abuse and false imprisonment.

 

On Jan. 20, 2017, Perea pled guilty to the indictment.  In entering the guilty plea, Perea, admitted that on March 29, 2010, he was convicted of two counts of child abuse and false imprisonment and was therefore prohibited from possessing firearms or ammunition on Jan. 31, 2016.

 

This case was investigated by the Albuquerque office of the FBI and the Sandia Pueblo Police Department.  Assistant U.S. Attorney Joseph Spindle prosecuted the case.

ALBUQUERQUE – Jennifer Rene Barela, 48, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for her conviction on a methamphetamine trafficking charge.  The sentence was announced by Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA and Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sector

 

Acting U.S. Attorney Tierney said that Barela, whose criminal history includes prior felony convictions for methamphetamine trafficking, burglary, forgery and fraud, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

Barela was arrested in Dec. 2016, and was charged by criminal complaint with possessing heroin and methamphetamine with intent to distribute the drugs in Otero County, N.M.  Barela was arrested on Dec. 6, 2016, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint south of Alamogordo, N.M., seized approximately 191.08 grams of black tar heroin, a kilogram of methamphetamine, and drug paraphernalia from the vehicle in which Barela was traveling and from Barela herself.

 

On July 14, 2017, Barela pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Barela admitted that on Dec. 6, 2016, Border Patrol agents ordered her out of her vehicle at the U.S. Border Patrol checkpoint on New Mexico Highway 54, and discovered that Barela had approximately one kilogram of methamphetamine concealed on her person.  She further admitted that she intended to deliver the methamphetamine to other individuals in exchange for money. 

 

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol.  Assistant U.S. Attorney Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Timothy W. Mims, 28, of Albuquerque, N.M., made his initial appearance today in federal court on a criminal complaint charging him with violating the federal firearms laws by unlawfully possessing a firearm.  The firearm at issue allegedly was stolen from a bank security guard and used to perpetuate a bank robbery on Sept. 23, 2017.  Mims remains in custody pending a preliminary hearing and a detention hearing both of which are scheduled at 9:30 a.m. tomorrow morning.   

 

The Albuquerque Police Department (APD) arrested Mims on Sept. 23, 2017, in Bernalillo County, N.M., after observing Mims driving an alleged stolen vehicle and attempting to evade arrest.  According to the complaint, APD officers found a firearm in the vehicle during an inventory search incident to Mims’ arrest. 

 

The criminal complaint alleges that the firearm found in the vehicle on Sept. 23, 2017, allegedly was stolen on Sept. 14, 2017, by a man who entered the Bank of America located at 6605 Uptown Blvd. in Albuquerque, armed with a semi-automatic pistol.  The man allegedly pointed his pistol at an armed security guard, pressing the pistol into the ribs of the guard above his bulletproof vest.  The man then allegedly stole the security guard’s revolver and used it to rob the bank.  The serial number and description of the security guard’s revolver match the serial number and description of the firearm found in the stolen vehicle allegedly operated by Mims on Sept. 23, 2017. 

 

Mims was prohibited from possessing firearms or ammunition on Sept. 14, 2017 and Sept. 23, 2017, because of his prior convictions for felony offenses, which include convictions for aggravated assault with a deadly weapon and robbery.

 

If convicted of the crime charged in the criminal complaint, Mims faces a maximum penalty of ten years in federal prison.  Charges in criminal complaints are mere 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 APD.  Assistant U.S. Attorney Howard R. Thomas is prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 77 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 39 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

           

Two more Albuquerque residents pled guilty today in federal court to methamphetamine trafficking offenses.  Daniel Loya, 31, pled guilty to distributing methamphetamine, and Jennifer Padilla, 39, pled guilty to participating in a methamphetamine trafficking conspiracy.  Padilla entered her plea under a plea agreement that recommends a 24-month term of imprisonment.

 

Loya and co-defendants Guajira Maya Lovato, 44, and Richard Cortez, 37, were charged with conspiring to distribute methamphetamine from July 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016.  During today’s proceedings, Loya pled guilty to the distribution charge and admitted distributing 45 grams of methamphetamine to an undercover law enforcement agent on July 21, 2016.    At sentencing, Loya faces a maximum penalty of 20 years in federal prison; he remains detained pending a sentencing hearing, which has yet to be scheduled.  Loya’s co-defendants have entered guilty pleas to methamphetamine trafficking charges and are awaiting sentencing hearings.

 

Padilla’s co-defendant, Felix Ulibarri, 39, was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016.  The indictment was superseded on Aug. 9, 2016, to add Padilla, Leo Lopez, 28, and Joseph Sena, 40, as defendants.  The superseding indictment included two conspiracy charges; one charging Ulibarri and Padilla with conspiring to distribute methamphetamine in July 2016, and the other charging Padilla, Lopez and Sena with conspiring to distribute methamphetamine in July 2016.  It also charged Ulibarri with distributing methamphetamine on July 11, 2016, and Sena with distributing methamphetamine on July 26, 2016.  Today, Padilla pled guilty to a felony information charging her with conspiracy, and admitted facilitating a drug deal by introducing a buyer to Ulibarri, who supplied the methamphetamine.  Padilla remains in federal custody pending a yet to be scheduled sentencing hearing.  Her three co-defendants previously entered guilty pleas. 

 

Twenty-three of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   One defendant is a fugitive and the charges against two defendants have been dismissed.

 

These cases were investigated by the Albuquerque office of ATF.  Assistant U.S. Attorney Presiliano Torrez is prosecuting Loya, and Assistant U.S. Attorney Edward Han is prosecuting Padilla.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Police Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department announced that Justin Owen Poblano was sentenced today in federal court in Santa Fe, N.M., to five years in prison, including time already served, for his conviction on an aggravated child sexual abuse charge.  Poblano will be on supervised release for 15 years after completing his prison sentence and will be required to register as a sex offender.

 

Poblano, 25, an enrolled member and resident of Zuni Pueblo, N.M., was arrested in Aug. 2012, on an indictment charging him with engaging in a sexual act with a child between 12 and 16 years of age.  The indictment alleged that Poblano committed the crime on June 10, 2012, on the Zuni Pueblo in McKinley County, N.M.  Proceedings in the case were delayed during the pendency of competency proceedings, which concluded in Oct. 2014, when the Court found him competent to stand trial.  Poblano has remained in federal custody from the time of his arrest.

 

On July 12, 2017, Poblano pled guilty to a felony information charging him with aggravated sexual abuse.  In entering the guilty plea, Poblano admitted that on June 10, 2012, while at a residence on the Zuni Pueblo, he forced the victim to engage in a sexual act. 

 

This case was investigated by the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorney Kyle T. Nayback prosecuted this case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

 

The case also is being prosecuted under 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 – Robert T. Maestas, 26, an enrolled member of the Laguna Pueblo who resides in Paguate, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his conviction on an assault by strangulation charge.  Maestas will serve a 33-month prison term followed by three years of supervised release.

 

Maestas was arrested on March 17, 2017, on a criminal complaint charging him with domestic assault by a habitual offender and assault of an intimate partner by strangulation.  According to the complaint, Maestas assaulted the victim on Feb. 10, 2017, in the Laguna Pueblo within Cibola County, N.M., by holding her neck against a car door with his forearm prohibiting her from breathing, and by striking her on the chest and shoulder.

 

Maestas was indicted on March 28, 2017, and was charged with domestic assault by a habitual offender and assault of an intimate partner by strangulation or suffocating.  According to the indictment, Maestas previously was convicted in the Laguna Tribal Court of domestic violence offenses in Dec. 2011 and Jan. 2012.

 

On June 6, 2017, Maestas pled guilty to Count 2 of the indictment charging him with assaulting an intimate partner by strangulation.  In entering the guilty plea, Maestas admitted that on Feb. 10, 2017, after brandishing a shotgun at the victim, he assaulted her by grabbing her throat with his hand and applying pressure to cause pain, striking her rib and chest area, and using his forearm to apply pressure to her neck prohibiting her from breathing.  Maestas acknowledged that the victim suffered physical pain as well as bruising and marks to her forearms, neck, chest and shoulder as the result of the assault. 

 

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

ALBUQUERQUE – Armando Camarena, 34, of Rio Rancho, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a three-count indictment charging him with child pornography and cyberstalking charges.  Camarena entered the guilty plea under a plea agreement recommending a sentence of 12 years of imprisonment followed by a term of supervised release to be determined by the court.  He also will be required to register as a sex offender after he completes his prison sentence.

 

Homeland Security Investigations (HSI) arrested Camarena in July 2014 based on a criminal complaint charging him with distributing and possessing visual depictions of minors engaged in sexually explicit conduct.  According to the criminal complaint, HSI initiated the investigation leading to Camarena’s arrest after receiving a lead from HSI in Idaho Falls, Idaho, which reported that a 14-year-old girl had received child pornography, child erotica and threatening messages on her iPod from an individual the child met through social media.  Investigation revealed that the child pornography and threats were sent from an IP Address used by Camarena.  On July 30, 2014, HSI and the Albuquerque Police Department (APD) executed a federal search warrant at Camarena’s residence and seized computer images consistent with child pornography.  Camarena was taken into custody at that time.

 

Camarena was indicted on Aug. 12, 2014, and was charged with receipt of child pornography, possession of child pornography, and cyberstalking.  The indictment alleged that Camarena committed the crimes in Sandoval County, N.M., between Dec. 2013 and July 2014. 

 

During today’s change of plea hearing, Camarena pled guilty to the indictment.  In his plea agreement, Camarena admitted that in Dec. 2013, he used a social media application to initiate contact with a juvenile victim residing outside New Mexico.  When the juvenile victim sought to terminate contact with Camarena in Jan. 2014, Camarena sent the juvenile victim a series of messages in which he threatened to kill and inflict serious bodily injury on the victim and the victim’s family with the intention of causing them substantial emotional distress. 

 

In his plea agreement, Camarena also admitted that in July 2014, he possessed child pornography on his cellular telephone, which he downloaded and received from the internet.  Camarena acknowledged that law enforcement officers seized his cellular telephone when they executed a federal search warrant at his residence on July 30, 2014.

 

Camarena has been in custody since his arrest in July 2014.  He will remain detained pending his sentencing hearing, which has yet to be scheduled.

 

This case was investigated by SPEED, the Sexual Predator and Exploitation Enforcement Detail, which is comprised of officers from HSI-Albuquerque office, APD and the Bernalillo County Sheriff’s Office, with assistance from HSI-Idaho and the Idaho Fusion Center. 

 

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

 

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

ALBUQUERQUE – Today a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Trevor David Littleman, 25, an enrolled member of the Navajo Nation with violating the Hobbs Act and federal firearms laws.  Littleman remains in federal custody pending trial which has yet to be scheduled.

 

The criminal complaint alleges that on Sept. 8, 2017, Littleman robbed the Giants Gas Station and Convenience Store located on New Mexico State Road 371, Main Street in Crownpoint, N.M., at gunpoint.  Before departing from the store with packs of cigarettes and cash from the cash registers, Littleman allegedly fired one round of ammunition into the ceiling.  According to the complaint, a 9mm casing and shattered fluorescent light and debris were found on the floor of the gas station.

 

If convicted on the charges in the criminal complaint, Littleman faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge.  Littleman also faces a mandatory minimum of ten years of imprisonment for discharging a firearm, which must be served consecutive to any sentence imposed on the other charge.  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 Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.

ALBUQUERQUE – Darryl J. Gutierrez, 62, of Santa Fe, N.M., was sentenced today in federal court to 33 months in prison followed by one year of supervised release for violating the federal tax laws by obstructing and impeding the administration of the internal revenue laws and filing false tax returns. Gutierrez was also ordered to pay $174,196 in restitution to the Internal Revenue Service (IRS), a $15,000 fine and a $1,100 special penalty assessment.

 

Gutierrez was indicted on Nov. 5, 2015, and was charged with one count of obstructing and impeding the due administration of the internal revenue laws and ten counts of making and subscribing false tax returns.

 

Gutierrez proceeded to trial on the eleven-count indictment on March 27, 2017, and concluded March 30, 2017, when the jury returned a guilty verdict on all eleven counts of the indictment. During the trial, the jury learned that Gutierrez was an electrical engineer who worked at Los Alamos National Laboratory for almost 30 years, earning an annual salary ranging from $80,000 to $115,000 in tax years 2000 to 2009. The evidence at trial also established that Gutierrez, after years of regularly filing timely income tax returns with the IRS, stopped complying with the federal tax laws and began engaging in a pattern of obstructive conduct to prevent the IRS from assessing and collecting his taxes.

 

The evidence at trial showed that Gutierrez’s obstructive tactics included sending frivolous correspondence to the IRS, and, submitting, under penalty of perjury, false tax information to his employer and to the IRS. For instance, the evidence showed that Gutierrez submitted, under penalty of perjury, false withholdings information (Forms W-4) to his employer and false statements of his wages on his personal income tax returns (Forms 1040) filed with the IRS. The evidence further showed that between Nov. 2010 and Jan. 2011, Gutierrez filed ten false federal income tax returns for tax years 2000 to 2009 seeking a refund when in fact Gutierrez owed the IRS approximately $125,000.

 

This case was investigated by the Albuquerque office of IRS Criminal Investigation, and was prosecuted by Assistant U.S. Attorneys Margaret Vierbuchen and Holland S. Kastrin.

ALBUQUERQUE – Dale Dominic Galvan, 40, an enrolled member of the Zia Pueblo, pled guilty today in federal court to a felony child abuse charge. Under the terms of his plea agreement, Galvan will be sentenced within the range of six to 24 months in federal prison.

 

Galvan was indicted on May 12, 2015, and was charged with abandonment or abuse of a child under the age of 18 on April 15, 2014, on the Santa Clara Pueblo in Rio Arriba County, N.M.

 

During today’s proceedings, Galvan pled guilty to a felony information charging him with child abuse. In entering the guilty plea, Galvan admitted that on April 15, 2014, he exposed a two-year-old child to inclement weather by leaving the child in a vehicle for at least 20 to 45 minutes on a cold night with a temperature of about 29 degrees Fahrenheit. The child was dressed only in a t-shirt, without a diaper, socks, or pants and was found to be cold and shivering. Galvan further admitted that his actions caused and permitted a substantial and unjustifiable risk of serious harm to the safety and health of the child. A sentencing hearing has yet to be scheduled.

 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department. Special Assistant U.S. Attorney Lucy B. Solimon prosecuted the case.

ALBUQUERQUE – Brian Lee, 31, an enrolled member of the Navajo Nation who resides in Breadsprings, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse charges. Under the terms of his plea agreement, Lee will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court. Lee will also be required to register as a sex offender.

 

Lee was arrested on July 13, 2017, on a two-count indictment charging him with sexually abusing a child under the age of 12 on two separate occasions between July 2012 and July 2016, on the Navajo Indian Reservation in McKinley County, N.M.

 

During today’s proceedings, Lee pled guilty to a two-count felony information charging him with aggravated sexual abuse and sexual abuse. In entering the guilty plea, Lee admitted that between July 15, 2012 and July 15, 2016, he engaged in sexual acts with the victim on two separate and distinct occasions at his home in Breadsprings on the Navajo Indian Reservation. Lee further admitted that he likely was responsible for infecting the victim with a sexually transmitted disease. Lee remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Gallup office of the FBI. Special Assistant U.S. Attorney Lucy B. Solimon 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 –Michael Anthony Estrada, 23, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with using interstate communications to threaten the lives and safety of children at a Las Cruces public elementary school. Estrada remains in custody pending a preliminary hearing and a detention hearing, both of which are currently scheduled for Sept. 21, 2017.

 

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

 

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

 

This case was investigated by the 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 is prosecuting the case.

ALBUQUERQUE – Christian Herrera 21, of Albuquerque, N.M., was sentenced this morning in federal court to 37 months in prison followed by four years of supervised release for aiding and abetting the armed robbery of an Albuquerque-area bank.

 

Herrera was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Greg Miera, 51, Martin Huertta, 43, Christian Herrera, 21, Christopher Gallegos, 33, and Isaiah Gallegos, 22, all of Albuquerque, with robbing the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. According to the complaint, Albuquerque Police Department (APD) officers conducted surveillance as a vehicle with four men pulled up to the US Bank on the afternoon of March 30, 2016. Three of the men remained in the vehicle while the fourth entered the bank, threatened to shoot the bank employees, and demanded that two bank tellers place cash into a plastic bag.

 

Herrera, Huertta, Miera, Christopher Gallegos and Isaiah Gallegos were indicted on April 27, 2016, and were charged with bank robbery.

 

On Feb. 24, 2017, Herrera entered a guilty plea to the indictment. In entering the guilty plea, Herrera admitted aiding and abetting the armed robbery of the U.S. Bank branch on March 30, 2016, by acting as a lookout during the robbery.

 

Herrera’s four co-defendants have all entered guilty pleas and have been sentenced. Huertta pled guilty on Sept. 9, 2016 and was sentenced on March 14, 2017 to 108 months in prison followed by five years of supervised release. Miera pled guilty on Oct. 11, 2016, and was sentenced on June 8, 2017, to 78 months in prison followed by five years of supervised release. Isaiah Gallegos entered a guilty plea on April 25, 2017, and was sentenced on Aug. 15, 2017, to 37 months in prison followed by three years of supervised release. Christopher Gallegos pled guilty on Feb. 13, 2017, and was sentenced on Aug. 29, 2017, to 57 months in prison followed by five years of supervised release.

 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms prosecuted the case.

ALBUQUERQUE – Three Albuquerque, N.M., residents were sentenced this afternoon in federal court for their convictions on aggravated identity theft charges. Amelia Cordova, 35, Bridget Jessica Sanchez, 35, and Kenneth Webb, 50, were each sentenced to 24 months in prison followed by one year of supervised release.

 

Cordova, Sanchez and Webb were charged in a five-count indictment filed on Oct. 25, 2016, with conspiracy to commit bank fraud, aggravated identity theft, and receipt of stolen mail. The indictment was superseded on April 26, 2017, and charged the three defendants with participating in a conspiracy to commit bank fraud from Jan. 2015 through Feb. 2016. The superseding indictment also charged each of the three defendants with committing aggravated identity theft on the following dates: Cordova on Feb. 13, 2016; Sanchez on Jan. 19, 2015; and Webb on June 2, 2015. It also charged Cordova and Sanchez with theft or receipt of stolen mail on July 20, 2015. According to the superseding indictment, the defendants committed the crimes in Bernalillo County, N.M.

 

On June 15, 2017, Cordova and Sanchez each pled guilty to an aggravated identity theft charge. In their plea agreements, Cordova and Sanchez admitted that they conspired to defraud financial institutions, including First Financial Credit Union, Kirtland Federal Credit Union, Sandia Laboratory Federal Credit Union, Bank of America and Bank of the West. They also admitted that in furtherance of that conspiracy, they possessed mail and other information, including bank account, debit card and credit card numbers belonging to others, that had been stolen from a post office, mail receptacle, or mail carrier. Cordova and Sanchez admitted using the numbers for the bank accounts, credit cards and debit cards to make purchases, and forging signatures of others in making those purchases. Cordova and Sanchez also admitted using bank account numbers and bank routing numbers contained in the stolen mail to make counterfeit personal checks, which they used to make purchases.

 

In entering her guilty plea, Cordova admitted that between Feb. 13 and 21, 2016, she used credit card number information from two different people to commit bank fraud.

 

In entering her guilty plea, Sanchez admitted that on Jan. 19, 2015 and between June 15 and 24, 2015, she used bank account information belonging to another person to commit bank fraud. Sanchez also admitted using credit card number information of another person on Feb. 10, 20, and 21, 2016.

 

On June 19, 2017, Webb pled guilty to an aggravated identity theft charge and admitted that he conspired with his codefendants to defraud the financial institutions. In entering the guilty plea, Webb further admitted that between June 2, 2015 and June 19, 2015, he possessed and used bank account information of other individuals. Webb also admitted that on July 20, 2015, he possessed counterfeit checks, counterfeit New Mexico state identification cards and other identification that belonged to other individuals.

 

This case was investigated the U.S. Postal Service and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney George C. Kraehe.

ALBUQUERQUE – Alma Delia Perez, 29, of Las Cruces, N.M., pled guilty today in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

 

Perez was arrested in June 2017, on a criminal complaint charging her with possessing approximately .57 kilograms of heroin on June 13, 2017, in Dona Ana County, N.M. According to the complaint, Perez was arrested after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint in Las Cruces seized two packages of black tar heroin weighing approximately 570 grams that was concealed in the backseat of the vehicle in which Perez was traveling.

 

During today’s proceedings, Perez pled guilty to a felony information charging her with conspiracy and possession of heroin with intent to distribute. In entering the guilty plea, Perez admitted that on June 13, 2017, she entered the Border Patrol checkpoint on Interstate 25 in a vehicle containing approximately 570 grams of heroin concealed in a hallowed out portion of the backseat. Perez further admitted that she had conspired with others to deliver the heroin to individuals within the United States in exchange for money.

 

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

 

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Special Assistant U.S. Attorney Clara Cobos 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. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Joseph A. Jacobs, 35, of Silver City, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws under a plea agreement with the U.S. Attorney’s Office.

 

Jacobs was arrested in May 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Feb. 1, 2016, in Luna County, N.M. According to the indictment, Jacobs was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance with intent to distribute.

 

During today’s proceedings, Jacobs pled guilty to the indictment and admitted that on Feb. 1, 2016, he possessed a handgun and multiple rounds of ammunition despite his status as a convicted felon prohibited from possessing firearms or ammunition. At sentencing, Jacobs faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.

 

This case was investigated by Homeland Security Investigations and the Deming Police Department. Assistant U.S. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., found Jose Luis Zamora, 25, a legal permanent resident residing in Rincon, N.M., guilty on an indictment charging him with conspiracy and transporting illegal aliens. The guilty verdict was announced by Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and El Paso Sector Chief Border Agent Jeffrey D. Self of the U.S. Border Patrol.

 

Zamora was arrested on Feb. 14, 2017, on a criminal complaint charging him with conspiracy to transport illegal aliens. He subsequently was indicted on April 19, 2017, and charged with conspiracy and three counts of transporting illegal aliens. Zamora’s trial began on Sept. 11, 2017, and concluded late yesterday afternoon when the jury returned a guilty verdict on all four counts of the indictment.

 

The evidence at trial established that on Feb. 11, 2017, U.S. Border Patrol agents encountered seven individuals who were attempting to circumvent the U.S. Border Patrol Checkpoint on Highway 185 in Dona Ana County, N.M. The agents arrested the seven individuals after determining that they were undocumented aliens. Three of the undocumented aliens testified during the trial, stating that Zamora picked them up near the border in El Paso, Tex., after they were smuggled into the United States from Juarez, Mexico, on Feb. 8, 2017. They admitted paying $1,500, $4,000 and $4,500, respectively, to be smuggled into the United States.

 

The undocumented aliens testified that they crossed the border into the United States, Zamora picked them up in a van, and drove them to a trailer and later to a hotel in Las Cruces where they stayed for two days. On Feb. 11, 2017, Zamora drove the undocumented aliens north on Interstate 25 before pulling off the road before the U.S. Border Patrol checkpoint. Zamora instructed them to walk around the U.S. Border Patrol checkpoint so they would not be detected, telling them that he would pick them up in two hours. Border Patrol agents arrested the undocumented aliens as they were walking around the checkpoint to meet Zamora.

 

The jury deliberated approximately one hour before returning its guilty verdict.

 

Zamora has been in federal custody since his arrest and remains in federal custody pending a sentencing hearing, which has yet to be scheduled. At sentencing, Zamora faces a statutory maximum penalty of ten years in federal prison.

 

This case was investigated by the Las Cruces office of Homeland Security Investigations and U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez and Special Assistant U.S. Attorney Kathleen E. Robeson of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Bernalillo County Sheriff Manuel Gonzales, III, announced today that a federal judge has sentenced an Albuquerque-based methamphetamine trafficker with ties to the Sinaloa cartel to a 324-month term of imprisonment followed by five years of supervised release. Sandra Cook, 53, was sentenced based on her conviction by jury verdict on methamphetamine trafficking charges following a three-day trial in May 2017.

 

Cook was arrested on Feb. 24, 2016, on an indictment charging her with possessing methamphetamine with intent to distribute on June 30, 2015. The indictment was superseded on Feb. 28, 2017, to add another offense charging Cook with possessing methamphetamine with intent to distribute on Feb. 24, 2016. Cook’s trial on the two-count superseding indictment began on May 8, 2017, and concluded on May 11, 2017, when the jury returned a guilty verdict against Cook on both counts.

 

The trial testimony established that on June 30, 2015, officers of the Bernalillo County Sheriff’s Office (BCSO) seized multiple bundles of methamphetamine weighing approximately 3.2 kilograms (7.2 pounds) and over $22,000 in cash when they executed a search warrant at Cook’s residence. Following the filing of federal charges against Cook, she became a federal fugitive. In Feb. 2016, HSI used a court-authorized GPS tracker and data from Cook’s cell phone to locate Cook at a residence in Albuquerque. On Feb. 24, 2016, HSI and BSCO executed a search warrant at the residence where they located Cook standing near a kitchen table on which an open tool bag was sitting. The tool bag contained her driver’s license and a bag containing 441.6 grams of 100% pure methamphetamine.

 

This case was investigated by HSI and BCSO and was prosecuted by Assistant U.S. Attorneys Alexander M. Uballez and Peter J. Eicker.

ALBUQUERQUE – Pilar Angel Lucero, 33, of Albuquerque, N.M., was sentenced today to 48 months in prison for violating federal firearms laws by unlawfully possessing a firearm and ammunition. Lucero will be on supervised release for three years after completing his prison sentence.

 

Lucero was charged by criminal complaint on July 7, 2016, with being a felon in possession of a firearm and ammunition on June 16, 2016, in Bernalillo County, N.M., following a routine traffic stop by the Albuquerque Police Department (APD). subsequently was indicted on the same charge on July 28, 2016. According to the indictment, was prohibited from possessing firearms or ammunition because of his previous felony convictions for shooting at a dwelling, shooting at or from a motor vehicle, drug trafficking, child abandonment/abuse, conspiracy to traffic in controlled substances, being a felon in possession of a firearm, and conspiracy to commit burglary of a house.

 

On May 2, 2017, Lucero pled guilty to the indictment and admitted that on June 16, 2016, APD officers found a handgun with 11 rounds of ammunition in his vehicle during a traffic stop. Lucero further admitted purchasing the handgun by using a fake New Mexico driver’s license while knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

This case was investigated by the Albuquerque office of the FBI and the APD. Assistant U.S. Attorney Jennifer M. Rozzoni prosecuted the case.

ALBUQUERQUE – Martin Garcia, 37, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with violating the Hobbs Act and federal firearms laws. The charges against Garcia arise out of an Aug. 29, 2017 crime spree, during which Garcia allegedly robbed two commercial businesses at gunpoint, attempted to run over an officer, and shot a firearm in the direction of an officer who was trying to apprehend him. Garcia remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for Sept. 12, 2017.

 

Garcia is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

The criminal complaint alleges that on Aug. 29, 2017, Garcia robbed two employees of a wireless communications service provider in Albuquerque at gunpoint. Before departing from the store with cash from the cash registers, Garcia allegedly ordered the employees to the store’s back room and threatened to kill them if they left the room. Later that day, Garcia allegedly robbed two employees at a pizza restaurant in Albuquerque at gunpoint. As Garcia departed from the restaurant, he was followed by a third employee who provided information on Garcia’s path of travel to law enforcement authorities.

 

According to the criminal complaint, a high-speed pursuit occurred as officers attempted to apprehend Garcia. During the pursuit, Garcia allegedly rear-ended a civilian vehicle, attempted to run over an officer who was deploying a spike strip across the road, and fired a shot at an officer of the Albuquerque Police Department (APD) who was pursuing him. APD officers arrested Garcia in northeast Albuquerque after crashing his vehicle and running into an abandoned residence. Officers allegedly seized a loaded firearm from a closet in the abandoned residence, a shell casing on the floorboard of the vehicle Garcia had been driving, and a second shell casing on the ground near the driver’s side door of the vehicle.

 

Court records reflect that on Aug. 29, 2017, Garcia was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

Garcia has been in state custody since his arrest on Aug. 29, 2017. The FBI arrested Garcia on the charges in the federal criminal complaint today after he was transferred to federal custody from state custody. The related state charges will be dismissed in favor of federal prosecution.

 

If convicted on the charges in the criminal complaint, Garcia faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge and ten years in prison on the felon in possession of a firearms charge. Garcia also faces up a mandatory minimum of ten years of imprisonment for discharging a firearm, which must be served consecutive to any sentence imposed on the other two charges. 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 Albuquerque office of the FBI and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.

ALBUQUERQUE –Jeremias Robertson, 26, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. Robertson remains in federal custody pending a preliminary hearing and detention hearing, both of which are scheduled for Sept. 12, 2017.

 

The criminal complaint alleges that the Albuquerque Police Department (APD) arrested Robertson on Aug. 18, 2017, after he allegedly brandished a loaded firearm at an APD officer. According to the criminal complaint, the officer had been dispatched to downtown Albuquerque in response to calls reporting that a man was pointing a firearm at people in the area. When the officer arrived in the area, he observed Robertson holding a firearm. When the officer ordered Robertson to drop the firearm, he allegedly pointed the firearm at the officer. After Robertson allegedly continued to disregard the officer’s commands and brandished the firearm at the officer, the officer shot Robertson. After Robertson was arrested, APD recovered the firearm, which allegedly was loaded with eight rounds of ammunition.

 

Robertson was prohibited from possessing firearms or ammunition on Aug. 18, 2017, because of his previous felony conviction for aggravated battery resulting in great bodily harm out of a state court in Wisconsin. If convicted of the charge in the criminal complaint, Robertson faces a statutory maximum penalty of ten years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD and is being prosecuted by Assistant U.S. Attorney Howard Thomas. The case is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – This morning Morris Mora, 29, of Albuquerque, N.M., made his initial appearance before a U.S. Magistrate Judge on an indictment charging him with being a felon in possession of a firearm and ammunition. Mora remains in federal custody pending an arraignment hearing and detention hearing, both of which are scheduled for Sept. 12, 2017.

 

Mora is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

The indictment against Mora alleges that Mora unlawfully possessed a firearm and ammunition in Bernalillo County, N.M., on March 8, 2017. At the time, Mora was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated assault with a deadly weapon, aggravated assault on a peach officer with a deadly weapon, and aggravated fleeing from a law enforcement officer.

 

Court records reflect that officers of the Albuquerque Police Department (APD) arrested Mora on state charges, including a related firearms charge, in the North Valley of Albuquerque on March 8, 2017. Mora was arrested on the federal charge in the indictment today after he was transferred to federal custody from state custody. The related state firearms charge will be dismissed in favor of federal prosecution.

 

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

 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Howard R. Thomas is prosecuting the case.

ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 75 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 39 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

Josue Duarte, 31, of Albuquerque, was sentenced in federal court in Santa Fe, N.M., on Aug. 31, 2017, to 24 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction. Robert Henry Lovato, 44, also of Albuquerque, was sentenced in federal court on Sept. 6, 2017, to 48 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.

 

Antonio Perez-Contreras, 30, a Mexican national, pled guilty in Albuquerque federal court on Sept. 7, 2017, to violating federal drug trafficking and firearms laws. Under the terms of his plea agreement, Perez-Contreras will be sentenced to 108 months in federal prison.

 

Duarte and co-defendant Johnny Flores, 23, were charged in a four-count indictment filed on Aug. 9, 2016, with conspiracy to distribute methamphetamine from July 18, 2016 through July 26, 2016, and distribution of methamphetamine on July 22, 2016; Flores with distribution of methamphetamine on July 18, 2016; and Duarte with distribution of methamphetamine on July 26, 2016. According to the indictment, the offenses took place in Bernalillo County. On March 16, 2017, Duarte pled guilty to a felony information charging him with distribution of methamphetamine. In entering the guilty plea, Duarte admitted that on July 26, 2016, he arranged the sale of and sold methamphetamine to an undercover law enforcement agent. Flores pled guilty in Dec. 2016, and was sentenced in June 2017.

 

Lovato was arrested on July 6, 2017, on an indictment charging him with distributing methamphetamine on April 19, 2016, in Bernalillo County. On Feb. 21, 2017, Lovato entered a guilty plea to a felony information charging him with distributing methamphetamine.

 

Perez-Contreras and codefendant Jesus Manuel Garcia, 43, of Albuquerque, were charged by indictment on June 30, 2016, with methamphetamine trafficking, firearms and illegal reentry offenses. The indictment was superseded on July 28, 2016, and again on Jan. 12, 2017. The ten-count second superseding indictment charged Perez-Contreras and Garcia with conspiring to distribute methamphetamine from May 3, 2016 through July 6, 2016, and distributing methamphetamine on May 18, 2016 and July 6, 2016. Perez-Contreras was charged individually with being an alien in possession of a firearm and ammunition and illegal reentry into the United States on May 18, 2016, and distribution of methamphetamine on June 9, 2016. Garcia was charged individually with being a felon in possession of a firearm and ammunition on May 17, 2016, May 18, 2016, June 7, 2016, and July 6, 2016. On Sept. 7, 2017, Perez-Contreras pled guilty to a felony information and admitted that on May 18, 2016, he distributed approximately 415.4 grams of methamphetamine to an undercover law enforcement agent. Perez-Contreras further admitted that he possessed a firearm and ammunition on May 18, 2016, and was prohibited from possessing firearms and ammunition because he was an alien unlawfully in the United States. Perez-Contreras remains in custody pending a sentencing hearing which has yet to be scheduled.

 

Twenty-five of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. One defendant is a fugitive and the charges against two defendants have been dismissed.

 

These cases were investigated by the Albuquerque office of ATF. Duarte was prosecuted by Assistant U.S. Attorney Paul H. Spiers. Lovato was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley. Perez-Contreras is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.

ALBUQUERQUE – Antonio Ruelas, 33, of Algodones, N.M., pleaded guilty in federal court this morning to a felony information charging him with participating in a marijuana trafficking conspiracy. Ruelas entered the guilty plea under a plea agreement recommending a sentence not to exceed 36 months of imprisonment.

 

Ruelas 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, 31, 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.

 

Ruelas is the fourth defendant to enter a guilty plea. Ringleader Enrique Cavazos previously pled guilty on May 24, 2017, to marijuana trafficking and money laundering charges under a plea agreement that recommends a sentence within the range of 48 to 120 months of imprisonment. His wife, Lindsey A. Cavazos, 32, also pled guilty on May 24, 2017, to a money laundering charge under a plea agreement that recommends a sentence of a five-year term of probation. The Cavazos’ plea agreements also require the couple to forfeit the proceeds of their drug trafficking and money laundering activities, including real estate, vehicles, cash, weapons, and jewelry, which are valued at more than $1,883,500. A fourth defendant, Daniel Nieto, 30, of Carlsbad, N.M., pled guilty on May 25, 2017, to possessing hashish oil with intent to distribute, under a plea agreement.

 

These four defendants and four others (Felix Cavazos, 58, of Albuquerque, Joaquin Alaniz, 40, of Carlsbad, N.M., Eliberto Nava, 36, of Madera, Calif., Robert Moreno, 37, of Calif.) were charged in Nov. 2015, with marijuana trafficking and money laundering offenses in an indictment that alleging that they participated 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 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, 65, a retired school teacher. superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.

 

Sentencing hearings for Enrique Cavazos, Lindsey Cavazos, Nieto and Ruelas have yet to be scheduled. The remaining six defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which has yet to be scheduled. 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. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.

ALBUQUERQUE – Jaime Santiesteban, 36, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. Santiesteban was remanded into the custody of the U.S. Marshals Service pending a preliminary hearing and a detention hearing, both of which are scheduled for Sept. 11, 2017.

 

Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD) said that Santiesteban, whose prior criminal history includes eight prior felony convictions, will be prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

According to the criminal complaint, APD officers arrested Santiesteban in a residential neighborhood in the northeast heights of Albuquerque on Sept. 7, 2017, after Santiesteban allegedly discharged a firearm in the direction of an officer who was conducting surveillance in connection with an ongoing law enforcement operation. Santiesteban allegedly fled from the scene of the shooting in a truck, which he later abandoned while continuing his flight by foot. Officers who had received information regarding Santiesteban’s whereabouts from officers who were tracking his flight from a helicopter arrested Santiesteban shortly thereafter.

 

During the investigation of this case, officers found an ammunition magazine in the truck allegedly abandoned by Santiesteban and a firearm that was missing a magazine in the backyard of a residence along Santiesteban’s alleged flight path. According to the complaint, Santiesteban was prohibited from possessing firearms and ammunition because of his status as a convicted felon. Court records reflect that Santiesteban has eight prior felony convictions, including four drug-related convictions, a firearms-related conviction, and a conviction for battery on a peace officer.

 

If convicted on the charge in the complaint, Santiesteban faces a statutory maximum penalty of ten years of imprisonment. If the court determines that Santiesteban should be sentenced under the Armed Career Criminal Act, he faces an enhanced sentence of not less than 15 years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the ATF’s Albuquerque office and APD, and is prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.

ALBUQUERQUE – Markell Quashan Sweargin, 19, of Lubbock, Tex., pled guilty this afternoon in federal court in Las Cruces, N.M., to transporting a person for the purpose of engaging in prostitution.

 

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. The complaint alleged that 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.

 

During today’s proceedings, 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.

 

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

 

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 are prosecuting the case.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division announced that a federal grand jury has returned a new indictment charging Roy G. Heilbron, 54, a cardiologist residing in Santa Fe, N.M., with false statements and obstruction charges. The new charges against Heilbron arise out of his alleged attempt to obstruct and impede proceedings in a pending criminal case.

 

The two-count indictment, which was filed yesterday, charges Heilbron 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 a pending health care fraud prosecution. The new indictment alleges that Heilbron committed the two crimes in Bernalillo County, N.M., and elsewhere, between Aug. 3, 2017 and Aug. 7, 2017.

 

Heilbron pleaded guilty in federal court in Albuquerque, N.M., to a health care fraud charge on Feb. 17, 2017, under a plea agreement recommending a sentence of two years of imprisonment followed by a term of supervised release to be determined by the court. The Feb. 17, 2017 press release summarizing the proceedings in the health care fraud case in which Heilbron pleaded guilty is attached.

 

On Aug. 7, 2017, Heilbron’s attorney filed a motion to continue Heilbron’s sentencing hearing, which was 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 alleging the same charges as those contained in the new indictment. The complaint outlined the FBI’s investigation into the claims made in the “Clinical Summary” and “Treatment Protocol,” and alleged 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 allegedly 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 arrested by the FBI in Charlotte, N.C., on Aug. 19, 2017. Heilbron currently is in the custody of the U.S. Marshals Service, which is in the process of transporting Heilbron back to New Mexico to face the charges in the new indictment and sentencing in the health care fraud case.

 

If convicted on the charges in the new indictment, Heilbron faces a statutory maximum penalty of 15 years of imprisonment on the false statements charge and 30 years of imprisonment on the obstruction of justice charge. 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 Santa Fe and Albuquerque offices of the FBI, with assistance from Charlotte office of the FBI and the U.S. Marshals Service, and is being prosecuted by Assistant U.S. Attorneys Jeremy Peña and George C. Kraehe.

 

088-170217 Heilbron Fraud Plea       Heilbron Complaint      Heilbron New Indictment

ALBUQUERQUE – Jesus Rodriguez, 34, of Albuquerque, N.M., was sentenced today in federal court to 180 months in prison followed by five years of supervised release for unlawfully possessing a firearm and ammunition. Rodriguez was sentenced under the Armed Career Criminal Act, which requires the imposition of an enhanced sentence of not less than 15 years of imprisonment for offenders with three prior convictions for violent felonies, serious drug offenses, or a combination of both.

 

Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Marshal Conrad E. Candelaria, and Bernalillo Sheriff Manuel Gonzales, III, announced the sentence. In making the announcement, these officials said that Rodriguez was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

ATF arrested Rodriguez on April 19, 2016, based on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. According to the complaint, Rodriguez was in possession of a loaded firearm on Jan. 29, 2016, when the Bernalillo County Sheriff’s Office and U.S. Marshals Service’s South West Investigative Fugitive Team (SWIFT) arrested him on an outstanding state arrest warrant.

 

Rodriguez was indicted on May 10, 2016, and was charged with unlawfully possessing a firearm and ammunition on Jan. 29, 2016, in Bernalillo County, N.M. At the time, Rodriguez was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including aggravated assault against a household member, aggravated battery against a household member, child abuse, auto burglary, conspiracy to commit auto burglary, and battery on a peace officer.

 

Rodriguez entered a guilty plea to the indictment on March 22, 2017, without the benefit of a plea agreement.

 

This case was investigated by the ATF’s Albuquerque office, the U.S. Marshals Service’s SWIFT Team, and the Bernalillo County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Presiliano Torrez.

ALBUQUERQUE –Ashley Watson, 31, of Albuquerque, N.M., was sentenced today in federal court to 48 months of imprisonment for her conviction on synthetic cannabinoids trafficking charges. Watson will be on supervised release for five years after completing her prison sentence.

 

Watson and co-defendant Fidal Abdeljawad, 50, also of Albuquerque, were charged with trafficking in synthetic cannabinoids, more commonly known as “spice,” in an indictment that was filed in Sept. 2015, and 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. It also charged the defendants with possessing synthetic cannabinoids with intent to distribute on May 8, 2014, and Feb. 19, 2015, and Abdeljawad alone 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 substance analogues 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, and the jury returned a guilty verdict against Abdeljawad and Watson on all four counts of the superseding indictment on May 5, 2017.

 

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. Abdeljawad and Watson were arrested in Sept. 2015, after they were indicted.

 

Abdeljawad has been in federal custody since the jury returned its guilty verdict and remains detained pending his sentencing hearing, which is scheduled for Nov. 8, 2017. At sentencing, Abdeljawad faces a statutory maximum penalty of 20 years of imprisonment.

 

This case, which was investigated by the Albuquerque office of DEA, was designated 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 – Cory Werito, 33, of Farmington, N.M., was sentenced today in federal court in Albuquerque, N.M., for his healthcare fraud conviction, announced Acting U.S. Attorney James D. Tierney and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso. Werito was sentenced to a 30-month term of imprisonment followed by three years of supervised release. He also was ordered to pay $1,218,165 in restitution to the victim of his criminal conduct.

 

Werito and his co-defendant, Rosita Toledo, 48, of Kirtland, N.M., were charged in a ten-count indictment that was filed on June 15, 2016. The indictment included nine health care fraud charges against Werito and Toledo, and an aggravated currency structuring charge against Werito. The health care fraud charges arose out of the defendants’ roles in creating and operating a medical transportation company, CW Transport, a New Mexico company located in Farmington that provided non-emergency medical transportation to Arizona Medicaid recipients, funded by reimbursement payments from the Arizona Health Care Cost Containment System (AHCCCS), a healthcare benefit program. Over the course of two years between 2011 and 2013, CW Transport collected more than $1.9 million in Medicaid reimbursements from AHCCCS by submitting more than 18,000 claims for reimbursement, the vast majority of which were wholly or substantially false and fraudulent.

 

According to Count 10 of the indictment, the aggravated currency structuring charge, a Werito conducted financial transactions involving the proceeds of the health care fraud in a manner that avoided the filing of Currency Transaction Reports (CTRs). CTRs are reports which must be filed by financial institutions on transactions involving more than $10,000 during any business day and are used by law enforcement authorities to uncover a broad range of illegal activities including money laundering. From Aug. 2011 to July 2013, Werito conducted at least 200 cash withdrawals, each for several thousands of dollars but less than $10,000 and totaling at least $800,000, to avoid the filing of CTRs.

 

The indictment included forfeiture provisions seeking an order requiring Werito and Toledo to forfeit to the United States at least $1,959,405, the proceeds allegedly derived from the health care fraud alleged in Counts 1 through 9 of the indictment.

 

On March 9, 2017, Werito pled guilty to Count 1 of the indictment, charging him with committing health care fraud. Werito admitted, as the sole owner of CW Transport, he submitted approximately 18,765 claims for reimbursement to AHCCCS between July 2011 and July 2013. Because the claims were grouped in 140 invoices, Werito received 140 payments from AHCCCS in an amount totaling $1,959,405. Werito admitted submitting the claims for reimbursement as part of a scheme to defraud AHCCCS because he either never provided or provided in a substantially different manner many of the services for which he sought and received reimbursement.

 

On March 30, 2017, Toledo also entered a guilty plea to Count 1 of the indictment, and admitted her role in the health care fraud scheme. In entering her guilty plea, Toledo admitted that between July 2011 and July 2013 and in her capacity as the primary claims processor for CW Transport, she submitted 18,765 fraudulent claims for reimbursement, which caused AHCCCS to pay CW Transport a total of $1,959,405. A sentencing date for Toledo has yet to be scheduled.

 

The Albuquerque office of HSI investigated the case with assistance from the FBI, U.S. Marshals Service, San Juan County Sheriff’s Office, the Arizona Health Care Cost Containment System and New Mexico Office of the Attorney General. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.

ALBUQUERQUE – Lewayne Deray Jennings, 28, of Southfield, Mich., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Jennings is the second of three defendants to plead guilty to charges arising out of a seizure of 21.6 pounds of methamphetamine on Dec. 28, 2016, by the DEA and New Mexico State Police.

 

The DEA and New Mexico State Police arrested Jennings and co-defendants Marcus Bernard Harris, 22, of Detroit, Mich., and Jerrell Leveine Whitman-Crutcher, II, 31, of Warren, Mich., on Dec. 28, 2016, after seizing total of 9.8 kilograms (21.6 pounds) of methamphetamine from them during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The criminal complaint setting forth the charges against the three men indicated that the methamphetamine was contained in bundles that were concealed in duffle bags.

 

Jennings, Harris and Whitman-Crutcher subsequently were indicted on Jan. 24, 2017, and were charged with conspiracy and possession of methamphetamine with intent to distribute on Dec. 28, 2016, in Bernalillo County, N.M.

 

During today’s change of plea hearing, Jennings pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Jennings admitted transporting methamphetamine to Albuquerque on a Greyhound bus by concealing the methamphetamine in bundles in his luggage.

 

Harris pled guilty to a similar charge on June 1, 2017.

 

At sentencing, Jennings and Harris each face a maximum penalty of 20 years in federal prison. Sentencing hearings for the two men have yet to be scheduled.

 

Whitman-Crutcher has entered a plea of not guilty to the charges against him. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney David M. Walsh is prosecuting the case.

ALBUQUERQUE – Sabrina Morgan, 39, of Jeddito, Ariz., was sentenced today in federal court in Albuquerque, N.M., to five years of probation for her conviction on a larceny charge. The charge arose out of her stealing cash from a commercial business in Naschitti, N.M. Morgan also was ordered to pay $4,800.00 in restitution to the victim of her criminal conduct, and was ordered to perform 40 hours of community service.

 

Morgan was charged in an indictment filed on March 14, 2017, with stealing money belonging to the Red Mesa Trading Company, which is located on the Navajo Indian Reservation in San Juan County, N.M. At the time she committed the crime, Morgan was employed as the district supervisor of the Trading Company.

 

On April 26, 2017, Morgan entered a guilty plea to the indictment without the benefit of a plea agreement.

 

This case was investigated by the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.

ALBUQUERQUE – Alex Bernard Fletcher, 41, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his conviction on methamphetamine trafficking laws and firearms charges. Fletcher will be on supervised release for five years after completing his prison sentence and will be required to perform 50 hours of community service.

 

Fletcher was arrested on Nov. 5, 2015, on a criminal complaint charging him with drug trafficking and firearms offenses. The criminal complaint charged Fletcher with distributing approximately 51 grams of methamphetamine to an undercover law enforcement officer on Oct. 28, 2015, in Bernalillo County, N.M. As officers were closing in to make the arrest, they observed Fletcher reach into his waistband and throw a firearm to the ground in an attempt to conceal it from the officers.

 

Fletcher was indicted on Dec. 2, 2015, and was charged with being a felon in possession of a firearm and ammunition, distributing methamphetamine, and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, in late Oct. 2015, Fletcher was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses.

 

On Aug. 30, 2016, Fletcher pled guilty to a two-count information charging him with distribution of methamphetamine, and using and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Fletcher admitted selling 51 grams of methamphetamine to an undercover officer. Fletcher also admitted that he possessed a firearm during the drug deal in order to assist him facilitate his drug trafficking crime. Fletcher acknowledged that as a convicted felon, he was prohibited from possessing firearms or ammunition.

 

This case was investigated by Albuquerque office of Homeland Security Investigations and APD’s Central Narcotics Unit. Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.

ALBUQUERQUE – Selma Morales, 53, of Lubbock, Tex., pleaded guilty in federal court in Albuquerque, N.M., to a wire fraud charge arising from a scheme that defrauded her employer of more than $550,000. The guilty plea was announced by Acting U.S. Attorney James D. Tierney and Special Agent in Charge Terry Wade of the Albuquerque division of the FBI.

 

A federal grand jury charged Morales with committing wire fraud in an indictment filed on July 27, 2017. According to the indictment, from May 2009 through May 2015, Morales engaged in a scheme to defraud her employer, a law firm headquartered in Lubbock with offices in Albuquerque, Hobbs and Las Cruces, N.M., of more than $550,000, which she used for unauthorized personal charges and expenditures. At the time, Morales was the law firm’s financial manager and bookkeeper.

 

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

 

The plea agreement recommends that Morales be sentenced to a term of imprisonment not to exceed 24 months. It also requires that Morales make restitution to her former employer. Morales remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Margaret M. Vierbuchen.

 

morales_indictment.pdf

ALBUQUERQUE – Michael Dalton, 34, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison for unlawfully possessing firearms and ammunition. Dalton will be on supervised release for three years after completing his prison sentence.

 

Dalton, who has seven prior felony convictions, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” 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 for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Dalton was arrested on June 7, 2016, on a federal criminal complaint after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges subsequently were dismissed in favor of federal prosecution.

 

The criminal complaint charged Dalton with illegally possessing firearms and ammunition on Aug. 28, 2015, in Chaves County, N.M. Dalton was indicted on the same charge on June 30, 2016. The indictment was superseded on Oct. 25, 2016, to add a second offense charging Dalton with being a drug addict unlawfully in possession of firearms and ammunition on Aug. 28, 2015, in Chaves County. According to court documents, Dalton was prohibited from possessing firearms or ammunition because he had prior felony convictions for burglary, breaking and entering, forgery, aggravated fleeing from a law enforcement officer, possessing burglary tools, tampering with evidence, larceny, and possession of a controlled substance.

 

Dalton proceeded to trial on the two-count superseding indictment on Jan. 23, 2017, and the jury returned a guilty verdict on both counts on Jan. 25, 2017. The evidence at trial established that on Aug. 28, 2015, officers of the Roswell Police Department responded to Dalton’s residence in response to a call from Dalton’s neighbor. The neighbor testified that she called the police after hearing Dalton threaten to shoot his girlfriend in the head during a fight between the couple that occurred outside Dalton’s residence. The neighbor also testified that Dalton attempted to run over his girlfriend with his car before going into his residence with his three-year-old child. The neighbor then heard gunshots coming from Dalton’s residence.

 

Dalton barricaded himself in his residence, requiring a SWAT team to be dispatched to coax Dalton out of the residence. After an hour-long standoff, came out of the residence and he was identified as a convicted felon, leading the officers to obtain a search warrant for his residence. While executing the search warrant, the officers seized two rifles, a handgun and approximately 240 rounds of ammunition from ’s residence. The evidence at trial also established that in addition to being a convicted felon, was a methamphetamine addict.

 

This case was investigated by the Las Cruces office of the ATF and the Roswell Police Department. Assistant U.S. Attorneys Alexander B. Shapiro and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and U.S. Marshal Conrad E. Candelaria announced that the office of Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando), will close effective today, August 31, 2017. Despite the office’s closing, the U.S. Marshals Service (USMS) remains responsible for managing Ayudando’s business affairs under a protective restraining order issued by the U.S. District Court for the District of New Mexico, which authorized the USMS’s Complex Assets Unit to assume control of Ayudando’s business operations.

 

The U.S. Marshals Service took over Ayudando’s business operations on July 19, 2017, when federal officials announced the filing of a 28-count indictment against Ayudando and its co-founders, Susan Harris, 70, and Sharon Moore, 62. The indictment alleges conspiracy, fraud, theft and money laundering charges arising out of an alleged scheme to embezzle funds from client trust accounts managed by Ayudando, a non-profit corporation that provides guardianship, conservatorship and financial management services to hundreds of individuals with special needs. The federal court order authorized the USMS to operate the business to ensure that its assets were not improperly spent or removed, and that the interests of Ayudando clients were protected as the prosecution of the criminal case moves forward.

Acting under the federal court order, the USMS has facilitated the transfer of the vast majority of Ayudando’s approximately 1400 clients, including all clients who receive benefits from the U.S. Department of Veterans Affairs and U.S. Social Security Administration, to other service providers and/or new representative payees. In addition, the majority of clients for whom Ayudando was appointed as guardian by the state courts have also been transferred to temporary guardians pending final transfers in the coming weeks. As part of these processes, clients can expect to receive communication from their new representative payee, guardian, or fiduciary if they have not already.

 

Ayudando clients who are still awaiting transfers will receive services from providers that have entered into agreements with Ayudando and the USMS to provide temporary, interim services until long-term transfers can be accomplished:

• Ayudando clients who are part of the class of individuals covered by the New Mexico Office of Guardianship will receive services from either CNRAG, Inc., Tierra Alta Guardianship Services, LLC, or Quality of Life Guardians, LLC, until the courts can appoint new temporary or permanent guardians for those individuals, if appropriate.

• Any other Ayudando clients for whom Ayudando maintained guardianship, medical power of attorney accounts, private trust accounts or conservator services will receive guardianship services from Ascending Hope, LLC, or financial fiduciary services from Bridge to Success, Inc., until the courts can appoint new temporary or permanent guardians for those individuals, if appropriate.

 

Although the physical office space of Ayudando are now closed and other service providers are servicing Ayudando clients, the USMS remains responsible for managing Ayudando’s business affairs pursuant to the federal court order, and remains committed to ensuring continuity of service for Ayudando clients.

 

Harris and Moore have entered not guilty pleas to the charges in the indictment and are under pretrial supervision and other conditions of release pending trial, which has yet to be scheduled. The public is reminded that charges in indictments are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Information about the federal investigation into Ayudando, including the pending prosecution of Ayudando and its principals and the federal court order, is available at www.justice.gov/usao-nm/ayudando-guardians.

 

The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation. The Complex Assets Unit and the Albuquerque and Phoenix, Ariz., offices of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

ALBUQUERQUE – CHRISTUS St. Vincent Regional Medical Center (St. Vincent) and its partner, CHRISTUS Health (CHRISTUS), have agreed to resolve allegations that they violated the False Claims Act by making illegal donations to county governments, which were used to fund the state share of Medicaid payments to the hospital, the Department of Justice announced today. Under the settlement agreement, St. Vincent and CHRISTUS have agreed to pay $12.24 million, plus interest. St. Vincent is located in Santa Fe, New Mexico. CHRISTUS is based in Irving, Texas.

 

“Congress expressly intended that states and counties use their own money when seeking federal matching funds,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Using local funds provides an incentive for the counties and states to, among other things, hold down costs rather than rely on non bona-fide donations by private providers.”

 

New Mexico’s Sole Community Provider (SCP) program, which was discontinued in 2014, provided supplemental Medicaid funds to hospitals in mostly rural communities. The federal government reimbursed the state of New Mexico for approximately 75 percent of its health care expenditures under the SCP program. Under federal law, New Mexico’s 25 percent “matching” share of SCP program payments had to consist of state or county funds, and not impermissible “donations” from private hospitals. This restriction on the use of private hospital funds to satisfy state Medicaid obligations was enacted by Congress to curb possible abuses and ensure that states have sufficient incentive to curb rising Medicaid costs.

 

Between 2001 and 2009, St. Vincent and CHRISTUS allegedly made non-bona fide donations and thus caused the presentment of false claims by the state of New Mexico to the federal government under the Medicaid program.

 

“Protecting the integrity of the Medicaid program is crucial because millions of Americans, including hundreds of thousands of New Mexicans, depend on the program for medical care and related services,” said Acting U.S. Attorney James D. Tierney for the District of New Mexico. “This case illustrates our commitment to ensuring that government funds are legally obtained and used for their intended purposes. We will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud government health care programs.”

 

The settlement resolves allegations originally brought in a lawsuit filed by a former Los Alamos County, New Mexico Indigent Healthcare Administrator under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $2.249 million as her share of the recovery in this case.

 

The case was handled by the U.S. Attorney’s Office for the District of New Mexico with assistance from the Justice Department’s Civil Division and the U.S. Department of Health and Human Services Office of Inspector General.

 

The lawsuit is captioned U.S. ex rel. Stepan v. Christus St. Vincent Regional Medical Center Corp. et al., Civil Action No. 11-cv-572 (D.N.M.). The claims settled by this agreement are allegations only; there has been no determination of liability.

CHRISTUS St. Vincent Regional Medical Center (St. Vincent) and its partner, CHRISTUS Health (CHRISTUS), have agreed to resolve allegations that they violated the False Claims Act by making illegal donations to county governments, which were used to fund the state share of Medicaid payments to the hospital, the Department of Justice announced today. Under the settlement agreement, St. Vincent and CHRISTUS have agreed to pay $12.24 million, plus interest. St. Vincent is located in Santa Fe, New Mexico. CHRISTUS is based in Irving, Texas.

 

“Congress expressly intended that states and counties use their own money when seeking federal matching funds,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Using local funds provides an incentive for the counties and states to, among other things, hold down costs rather than rely on non bona-fide donations by private providers.”

 

New Mexico’s Sole Community Provider (SCP) program, which was discontinued in 2014, provided supplemental Medicaid funds to hospitals in mostly rural communities. The federal government reimbursed the state of New Mexico for approximately 75 percent of its health care expenditures under the SCP program. Under federal law, New Mexico’s 25 percent “matching” share of SCP program payments had to consist of state or county funds, and not impermissible “donations” from private hospitals. This restriction on the use of private hospital funds to satisfy state Medicaid obligations was enacted by Congress to curb possible abuses and ensure that states have sufficient incentive to curb rising Medicaid costs.

 

Between 2001 and 2009, St. Vincent and CHRISTUS allegedly made non-bona fide donations and thus caused the presentment of false claims by the state of New Mexico to the federal government under the Medicaid program.

 

“Protecting the integrity of the Medicaid program is crucial because millions of Americans, including hundreds of thousands of New Mexicans, depend on the program for medical care and related services,” said Acting U.S. Attorney James D. Tierney for the District of New Mexico. “This case illustrates our commitment to ensuring that government funds are legally obtained and used for their intended purposes. We will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud government health care programs.”

 

The settlement resolves allegations originally brought in a lawsuit filed by a former Los Alamos County, New Mexico Indigent Healthcare Administrator under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $2.249 million as her share of the recovery in this case.

 

The case was handled by the U.S. Attorney’s Office for the District of New Mexico with assistance from the Justice Department’s Civil Division and the U.S. Department of Health and Human Services Office of Inspector General.

 

The lawsuit is captioned U.S. ex rel. Stepan v. Christus St. Vincent Regional Medical Center Corp. et al., Civil Action No. 11-cv-572 (D.N.M.). The claims settled by this agreement are allegations only; there has been no determination of liability.

ALBUQUERQUE – Yvon Juteau, 32, a non-Indian man who resides in Rancho de Taos, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 30 months in prison for his conviction on an assault charge. Juteau will be on supervised release for three years after completing his prison sentence.

 

Juteau was arrested on Sept. 23, 2016, on an indictment charging him with assaulting an Indian man and an Indian woman resulting in serious bodily injury on July 10, 2013, on Taos Pueblo in Taos County, N.M.

 

On May 10, 2017, Juteau pled guilty to the indictment and admitted that on July 10, 2013, he drove a motor vehicle recklessly, causing a crash that seriously injured an Indian woman.

 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.