District of New Mexico

ALBUQUERQUE – Bree Lynn Coonsis, 25, a member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Coonsis entered the guilty plea under a plea agreement that recommends that she be sentenced to an eight-year term of imprisonment followed by a term of supervised release to be determined by the court

 

Coonsis was arrested on May 10, 2017, on a criminal complaint charging her with killing a woman on the Zuni Pueblo on April 29, 2017, in McKinley County, N.M. According to the criminal complaint, Coonsis killed the victim by hitting the victim with her car while Coonsis was driving under the influence of intoxicating liquor or drugs.

 

During today’s proceedings, Coonsis pled guilty to an information charging her with voluntary manslaughter. In entering the guilty plea, Coonsis admitted that on April 29, 2017, she killed the victim by striking the victim with a vehicle, while intending to cause the victim serious bodily injury. Coonsis remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police and is being prosecuted by Assistant U.S. Attorney Sarah Mease.

ALBUQUERQUE – Benjamin F. Chavez, 55, of Cubero, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Chavez’s plea agreement recommends a sentence of up to 87 months in prison followed by four years of supervised release. Chavez will also be required to forfeit five firearms.

 

Chavez was arrested on Feb. 22, 2016, on an indictment charging him with distributing methamphetamine on April 21, 2015, in Cibola County, N.M. The indictment includes a forfeiture provision requiring Chavez to forfeit $1,600 to the United States.

 

During today’s proceedings, Chavez pled guilty to a felony information charging him with distribution of methamphetamine and admitted that on April 21, 2015, he distributed approximately 55.74 grams of pure methamphetamine to an undercover law enforcement agent. Chavez remains in custody pending a sentencing hearing which has yet to be scheduled.

 

This case was investigated by Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Alexander M. Uballez.

ALBUQUERQUE – Patrick Begay, 43, an enrolled member of the Navajo Nation who resides in Churchrock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 216 months in prison followed by five years of supervised release for his conviction on an abusive sexual contact charge. Begay will also be required to register as a sex offender.

 

Begay was arrested in Nov. 2016, on a four-count indictment charging him with sexually abusing a child under the age of 12 years from Nov. 2013 through Dec. 2015, and engaging in sexual contact with a child under the age of 12 years on Jan. 6, 2016. Begay committed the offenses on the Navajo Indian Reservation in McKinley County, N.M.

 

On March 17, 2017, Begay pled guilty to Count 4 of the indictment charging him with abusive sexual contact with a child. In entering the guilty plea, Begay admitted that on Jan. 6, 2016, he engaged in sexual contact with the victim, who was then nine-years old. Begay further admitted that he repeatedly sexually abused the victim from the time she was seven-years old.

 

This case was investigated by the Gallup office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall prosecuted 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 – Adrian Soto, 32, of Phoenix, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 48 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.

 

Soto was arrested on March 29, 2016, and charged with a methamphetamine trafficking offense after the DEA seized a total of 4.95 kilograms (11.08 pounds) of methamphetamine during an interdiction investigation at the Greyhound Bus Station. The methamphetamine was concealed in various bundles inside Soto’s luggage.

 

Soto was subsequently indicted on April 27, 2016, and was charged with possession of methamphetamine with intent to distribute on March 29, 2016, in Bernalillo County, N.M.

 

On Sept. 19, 2016, Soto pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Soto admitted transporting methamphetamine to Albuquerque on a Greyhound bus by concealing the methamphetamine in a gift-wrapped package in his luggage.

 

This case was investigated by the Albuquerque office of the DEA and Assistant U.S. Attorney Paul H. Spiers prosecuted the case.

ALBUQUERQUE – Kenneth Columbus Burwell, 54, of Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 46 months in prison followed by three years of supervised release for his conviction on a bank robbery charge.

 

Burwell was arrested in Nov. 2016, on a criminal complaint charging him with robbing the US Bank branch located at 3000 Central Ave. SE in Albuquerque on Oct. 14, 2015. Burwell subsequently was indicted on Nov. 15, 2016, and charged with bank robbery.

 

On March 7, 2017, Burwell pled guilty to the indictment, and admitted that on Oct. 14, 2015, he robbed the US Bank branch by approaching the bank teller, demanding money, and threatening to shoot the teller if she pulled the alarm. Burwell further admitted that after threatening the teller, he pulled his shirt tight showing an impression of a gun-shaped item concealed beneath his clothing.

 

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

ALBUQUERQUE – This morning Abran Apodaca, 37, of Albuquerque, N.M., made his initial appearance before a U.S. Magistrate Judge on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. The charge arises from an Aug. 4, 2017 incident during which FBI Special Agents and a Task Force Officer fired at Apodaca after he allegedly pointed a rifle at an Agent.

 

The criminal complaint alleges that on Aug. 4, 2017, after learning that Apodaca had an active state arrest warrant for an alleged probation violation, FBI Special Agents and Task Force Officers conducted surveillance at Apodaca’s residence. During their surveillance, the agents and officers observed Apodaca and two other individuals drive up to the residence in a gray vehicle. After observing Apodaca enter and exit the residence and re-enter the gray vehicle, FBI Special Agents engaged their vehicles’ emergency lights and approached the gray vehicle with the intention of arresting Apodaca. Apodaca, who was driving the gray vehicle, allegedly responded by accelerating into an agent’s vehicle and maneuvering around the agent’s vehicle. Apodaca then allegedly pointed a rifle at the agent, and FBI Special Agents and a Task Force Officer responded by firing at Apodaca. Apodaca sustained a gunshot wound. Special Agents rendered aid to Apodaca, and then arrested him and transported him to a hospital.

 

According to the criminal complaint, FBI Special Agents and Task Force Officers seized a rifle, which was found adjacent to the gray vehicle in the area where they arrested Apodaca. The criminal complaint alleges that Apodaca was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

FBI agents arrested Apodaca on the criminal complaint this morning. Apodaca remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled at 9:30 a.m. tomorrow morning.

 

If convicted on the crime charged in the criminal complaint, Apodaca faces a statutory maximum penalty of ten years of imprisonment and a $250,000 fine. 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 with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.

 

Apodaca Complaint

ALBUQUERQUE – Santiago Aveles, 31, of Las Cruces, N.M., pled guilty on Aug. 4, 2017, in federal court to charges arising out of a scheme to obtain immigration status for foreign nationals through fraudulent marriages.

 

On April 19, 2017, Aveles and five co-defendants – Yi Lee, 44, a naturalized U.S. citizen residing in Santa Fe, N.M., and Chia-Jung Chang, 39, Dan Zheng, 32, Lian Xiang Deng, 42, and Xiao-Yin Le, 50, all Chinese nationals illegally in the United States – were indicted and charged with participating in a conspiracy to commit marriage fraud. The indictment also charged Aveles and Zheng with committing marriage fraud for the purpose of evading the federal immigration laws.

 

The indictment alleged that from June 2016 through March 2017, the six defendants conspired to obtain immigration status for foreign nationals by committing marriage fraud. The scheme involved having U.S. citizens enter into fraudulent marriages with foreign nationals in return for financial gain. Lee allegedly facilitated the conspiracy by arranging meetings between foreign nationals and U.S. citizens and assisting them in obtaining marriage licenses, working permits and green cards for the foreign nationals who paid Lee and the U.S. citizens. According to the indictment, Lee allegedly attempted to arrange fraudulent marriages between certain of his co-defendants and undercover law enforcement agents.

 

On Aug. 4, 2017, Aveles pled guilty to a felony information charging him with conspiracy and marriage fraud. In entering the guilty plea, Aveles admitted that from Jan. 2016 through April 30, 2017, he and others conspired to commit marriage fraud. Aveles also admitted that he entered into a sham marriage for the purpose of evading immigration laws and in exchange for a monetary payment.

 

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

 

Aveles’ co-defendants have entered pleas of not guilty to the charges in the indictment. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

This case was investigated by the Las Cruces office of HSI and is being prosecuted by Assistant U.S. Attorneys Dustin C. Segovia and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has filed a criminal complaint charging Gordon Schuler, 23, of Rio Rancho, N.M., with using fire to damage or destroy a building used in interstate commerce. The charge against Schuler arises out of a fire that was ignited at the Peace Lutheran Church in Rio Rancho, causing extensive damage to the church.

 

According to the criminal complaint, in the early hours of July 31, 2017, the Rio Rancho Fire Department observed and responded to a fire at the church. After extinguishing the fire, firefighters determined that the fire had caused extensive damage to the church’s sanctuary and heavy smoke damage to the rest of the church. During a neighborhood canvass of the area, ATF Special Agents learned that a business located near the church had surveillance cameras that allegedly recorded Schuler, who was wearing a backpack and carrying a hammer, as he walked through the business’s courtyard in the early hours of the morning. During their investigation, fire investigators allegedly found a backpack and a hammer in the church that appeared to be the ones in Schuler’s possession in the surveillance video footage.

 

The criminal complaint alleges that fire investigators determined that the fire at the church was purposely caused and the result of arson. It alleges also that the church engages in interstate commerce by donating a percentage of its income to an ecclesiastic council based in Wisconsin.

 

The Rio Rancho Police Department arrested Schuler on Aug. 1, 2017, on an outstanding state arrest warrant for absconding from probation on a state conviction. Schuler currently is in state custody and will be transferred into federal custody to face the charge in the criminal complaint.

 

If convicted on the crime charged in the criminal complaint, Schuler faces a statutory penalty of not less than five years nor more than 20 years of imprisonment and a $250,000 fine. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

This case was investigated by the ATF office in Albuquerque, Rio Rancho Police Department, Rio Rancho Fire Department, Bernalillo County Fire Department, and the State Fire Marshal’s Office of the New Mexico Public Regulation Commission. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.

 

Schuler Complaint

ALBUQUERQUE – Luther Whelan, 42, of Las Cruces, N.M., was sentenced today in federal court to 84 months in prison followed by four years of supervised release for his conviction on methamphetamine trafficking charges.

 

Whelan was arrested in Sept. 2015, on a criminal complaint charging him with methamphetamine trafficking offenses. According to the complaint, law enforcement officers seized approximately 101.5 grams of methamphetamine and drug paraphernalia from Whelan on Feb. 7, 2015, and approximately 24.4 grams of methamphetamine and 2.8 grams of heroin from Whelan on July 23, 2015.

 

Whelan was subsequently indicted on Dec. 9, 2015, and charged with possession of methamphetamine with intent to distribute on Feb. 7, 2015, and July 23, 2015. According to the indictment, Whelan committed the offenses in Dona Ana County, N.M.

 

On March 4, 2016, Whelan pled guilty to Count 1 of the indictment charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Whelan admitted that on Feb. 7, 2015, he possessed approximately 102 grams of methamphetamine with the intention of selling it to others.

 

This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a verdict yesterday afternoon finding Colorado Springs, Colo., resident Leroy Tchod Cameron Ravenell, 28, guilty on a cocaine trafficking charge after a three-day trial. Acting U.S. Attorney James D. Tierney, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sector announced the verdict.

 

U.S. Border Patrol agents arrested Ravenell on Nov. 11, 2016, after finding approximately .36 kilograms (.8 pounds) of cocaine and two firearms concealed in his vehicle during an inspection at the U.S. Border Patrol checkpoint near Alamogordo, N.M., in Otero County, N.M. Ravenell, who initially was charged in a criminal complaint, subsequently was indicted on May 17, 2017, and charged with possession of cocaine with intent to distribute.

 

Ravenell’s trial began on July 31, 2017, and concluded yesterday afternoon when the jury returned a guilty verdict against Ravenell on the sole count of the indictment.

 

The testimony at trial established that on Nov. 11, 2016, Ravenell was a passenger in his vehicle when it was driven into the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo. During a routine inspection of Ravenell’s vehicle, Border Patrol agents found approximately 243 grams of cocaine hidden in a small box and two firearms. Agents also located a large amount of cash on Ravenell’s person. Testimony during the trial established that Ravenell made a statement to law enforcement that he had bought the cocaine from another person in a parking lot in El Paso, Tex., on the morning of Nov. 11, 2016, with the intention of selling the cocaine to others.

 

The jury deliberated approximately three hours before returning its guilty verdict.

 

Ravenell was remanded into custody after the verdict was returned and will remain detained pending a sentencing hearing, which has yet to be scheduled. At sentencing, Ravenell faces a maximum penalty of 20 years in federal prison.

 

This case was investigated by the DEA and the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorneys John Balla and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

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 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 68 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 31 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.

 

Dwayne Cunningham, 49, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison followed by five years of supervised release for his conviction on a methamphetamine trafficking charge.

 

Cunningham and his co-defendants, Devell Devoual, 35, and Cedric Laneham, 39, were arrested in July 2016, on an indictment charging them with conspiring to distribute methamphetamine between May 16, 2016 and June 2, 2016; Devoual and Laneham with distributing methamphetamine on May 17, 2016; and Devoual and Cunningham with possessing methamphetamine with intent to distribute on June 2, 2016. According to the indictment, the defendants committed the offenses in Bernalillo County, N.M.

 

On May 2, 2017, Cunningham pled guilty to distributing more than 50 grams of methamphetamine on May 17, 2016. Co-defendant Devoual also has entered a guilty plea and remains in custody pending his sentencing hearing.

 

Co-defendant Laneham has entered a not guilty plea and remains in custody pending his trial, which is scheduled for Sept. 1, 2017. 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 ATF and was prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns.

ALBUQUERQUE – Ralph Eastman, 48, of Albuquerque, N.M., pled guilty yesterday in federal court to conspiracy, fraud, identify theft and theft of mail charges. Under the terms of Eastman’s plea agreement, he will be sentenced to 36 months in prison followed by a term of supervised release to be determined by the court.

 

Eastman and co-defendant Katie Carrillo, 26, also of Albuquerque, were charged in a 16-count indictment on Aug. 23, 2016, with conspiracy, ten counts of bank fraud, three counts of aggravated identity theft, and two counts of theft of mail. According to the indictment, the defendants committed the offenses from Dec. 2015 through April 2016, in Bernalillo County, N.M., by stealing mail and packages from cluster mailboxes located in apartment complexes. The mail stolen included checkbooks, checks, ATM cards, PIN numbers and personal identifiers of victims, which the defendants allegedly used to commit further crimes.

 

During yesterday’s change of plea hearing, Eastman pled guilty to the charges against him in the indictment, namely, conspiracy, eight counts of bank fraud, and two counts of theft of mail. Eastman also pled guilty to a felony information charging him with aggravated identify theft. In entering the guilty plea, Eastman admitted that from Dec. 2015 through April 2016, he conspired with others to steal mail and packages specifically to obtain financial information and forms of identification. Eastman further admitted that he and others altered checks and used them at local businesses in exchange for goods, services and online transactions. Eastman also admitted that he and others used stolen identifications and personal information to facilitate fraudulent transactions.

 

In his plea agreement, Eastman also acknowledged that he and others stole mail and packages from authorized depositories for the U.S. Postal Service through mailboxes located at an Albuquerque apartment complex on March 9, 2016 and March 12, 2016.

 

Carrillo has entered a plea of not guilty to the charges in the indictment. Charges in indictments are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

The U.S. Postal Service, the Albuquerque Police Department and the Sandoval County Sheriff’s Office investigated this case, which is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei and Paul Mysliwiec.

ALBUQUERQUE – Lucas James Maldonado, 35, of Albuquerque, N.M., was sentenced today in federal court to 102 months in prison for violating federal firearms laws. Maldonado will be on supervised release for three years after completing his prison sentence.

 

Maldonado was indicted on Dec. 3, 2014, and charged with being a felon in possession of a firearm on Feb. 20, 2014. The indictment was superseded on July 30, 2015, and charged Maldonado with a second felon in possession of a firearm and ammunition charge, and with being a violent felon in possession of body armor on June 10, 2015. The superseding indictment alleged that Maldonado committed the offenses in Bernalillo County, N.M. According to superseding indictment, Maldonado was prohibited from possessing firearms and ammunition because of his prior felony convictions for aggravated battery, false imprisonment, criminal damage to property and conspiracy to commit residential burglary.

 

On Feb. 9, 2017, Maldonado pled guilty to Count 2 of the superseding indictment charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Maldonado admitted that on June 10, 2015, law enforcement agents arrested him on several outstanding arrest warrants. Maldonado acknowledged that, during a search incident to arrest, the officer found a black semi-automatic handgun that was visible in the center console of his vehicle. Maldonado acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the New Mexico State Police. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.

ALBUQUERQUE – Tracey Beaver, 38, an enrolled member of the Navajo Nation who resides in Pinehill, N.M., was sentenced yesterday in federal court in Santa Fe, N.M., to 60 months of imprisonment on each of two counts of involuntary manslaughter to run consecutively for a total of 120 months of imprisonment. Beaver will be on supervised release for three years after completing his prison sentence.

 

Beaver was arrested on Sept. 24, 2016, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Beaver killed two victims when he crashed his vehicle on Sept. 9, 2016, on the Ramah Navajo Indian Reservation in Cibola County, N.M. At the time of the crash, Beaver was driving under the influence of alcohol.

 

On Nov. 16, 2016, Beaver pled guilty to a felony information charging him with two counts of involuntary manslaughter. In entering the guilty plea, Beaver admitted killing the two victims by driving recklessly while under the influence of alcohol. Beaver acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.

 

This case was investigated by the Gallup office of the FBI, the New Mexico State Police and the Ramah Navajo Police Department and was prosecuted by Assistant U.S. Attorney Nicholas Marshall.

ALBUQUERQUE – Seven residents of Lea County, N.M., including four Mexican nationals, and a resident of Yuma, Ariz., are facing federal narcotics trafficking and money laundering charges as the result of a multi-agency investigation led by the DEA into a significant drug trafficking organization based in Hobbs, N.M., that allegedly imported methamphetamine and cocaine into Lea County from Mexico through Arizona.

 

Acting U.S. Attorney James D. Tierney and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division announced the federal charges today following a law enforcement operation in Lea County that resulted in the arrest of seven of the eight defendants. Joining them in making the announcement were Special Agent in Charge Waldemar Rodriguez of HSI in El Paso, Commander Sean Roach of the Lea County Drug Task Force, Lea County Sheriff Byron Wester, and Hobbs Police Chief Chris McCall.

 

The charges in the 20-count indictment are the result of an investigation by the DEA, HSI and the Lea County Drug Task Force of HIDTA Region 6 into a Lea County-based drug trafficking organization allegedly led by Jose Raul Mendivil-Berrelleza, a Mexican national who resides in Hobbs. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

 

During the course of the investigation, law enforcement authorities seized 13 kilograms (28.6 pounds) of pure methamphetamine and 1.2 kilograms (2.6 pounds) of cocaine during a traffic stop in Lea County on Feb. 27, 2017. They also seized $14,000 in cash during a vehicle inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Dona Ana County, N.M., on July 5, 2017. During today’s law enforcement operation, law enforcement authorities executed federal search warrants at three residences and two travel trailers in Hobbs and seized approximately .25 kilograms (.55 pounds) of cocaine, a handgun and approximately $5000.

 

In announcing the results of the investigation, Acting U.S. Attorney James D. Tierney said, “This investigation was a coordinated effort to crackdown on drug trafficking in southeastern New Mexico. It is part of our statewide fight against illegal drugs and the cycle of violence that goes hand in hand with drug trafficking. Those who choose to engage in drug trafficking should be on notice that federal, state and local law enforcement are committed to working together to put them out of business and into prison cells.”

 

“Law enforcement at the local, state and federal levels have joined together to dismantle a criminal organization allegedly responsible for spreading poison on the streets of Hobbs and the surrounding area,” said Special Agent in Charge Will R. Glaspy of the DEA El Paso Division. “Today’s enforcement operation is part of DEA’s ongoing commitment to attack the drug trafficking that endangers our communities as well as the related violence that goes with it.”

 

“Today’s arrests and search warrants solidifies HSI’s cooperation with DEA and the U.S. Attorney’s Office to work jointly with our local law enforcement partners to identify transnational organizations that continue to poison our local communities with illegal narcotics,” said Special Agent in Charge Waldemar Rodriguez of HSI El Paso. “Our fight to bring those who violate narcotics trafficking laws to justice will continue unapologetically.”

 

The 20-count indictment charges alleged ringleader Mendivil-Berrelleza and seven co-defendants with conspiracy, methamphetamine and cocaine trafficking, and money laundering offenses. Count 1 of the indictment charges all eight defendants with participating in a conspiracy to traffic methamphetamine and cocaine in Lea County and elsewhere between Nov. 2016 and July 2017. Count 2 charges Mendivil-Berrelleza and Roberto Rendon-Duran, 70, of Yuma, Ariz., with participating in an international money-laundering conspiracy. Counts 3 through 5 charge certain defendants with methamphetamine trafficking offenses and Count 6 charges certain defendants with a cocaine trafficking offense. Counts 7 through 20 charge certain defendants with using communications devices to facilitate their drug trafficking activity.

 

Another defendant, who was arrested on June 13, 2017, also has been federally charged as the result of the investigation. Felipe T. Castillo, of Eunice, N.M., is charged in a criminal complaint with being a felon in possession of a firearm. The charge allegedly arises out of an incident during which Castillo, a convicted felon, pointed a firearm at an officer who was conducting surveillance in connection with the investigation.

 

Mendivil-Berrelleza and the other six defendants who were arrested yesterday and today as the result of the investigation are scheduled to make their initial appearances in federal court in Roswell, N.M., at 10:30 a.m. on Aug. 3, 2017. One defendant, Miguel Luna-Arredondo, has yet to be arrested and is considered a fugitive.

 

“This investigation has been a team effort between all agencies involved and it culminated with a safe takedown. Anytime you can take a large amount of narcotics off the streets is a good day,” said Commander Sean Roach of the Lea County Drug Task Force. “I cannot say thank you enough to all of the agencies that participated throughout the investigation. This investigation and arrests will have a major impact on the stream of narcotics coming into the Lea County area as well as the surrounding areas.”

 

“This investigation is an example of cooperation between local and federal law enforcement to combat the distribution of illegal narcotics within our community,” said Sheriff Byron Wester of the Lea County Sheriff’s Office. “The Lea County Drug Task Force and the Drug Enforcement Administration jointly completed a successful investigation and operation today that attempts to rid our community of illegal narcotics. I thoroughly appreciate their efforts to make our community a safer place.”

 

Chief Chris McCall of the Hobbs Police Department said, “The Hobbs Police Department was extremely happy to partner with the other agencies involved in this investigation and we appreciate the partnerships. The results of this investigation will undoubtedly slow the flow of drugs into our community and have a positive impact on the safety of our citizens.”

 

This case was investigated by the DEA and HSI offices in Las Cruces and the Lea County Drug Task Force with assistance from the Lea County Sheriff’s Office and the Hobbs Police Department. In addition, the following law enforcement agencies participated in today’s law enforcement operation: Hobbs Police Department, Jal Police Department, Lovington Police Department, New Mexico State Police, Dona Ana County Sheriff’s Office, IRS Criminal Investigation, U.S. Marshals Service and the U.S. Border Patrol. Assistant U.S. Attorneys Terri J. Abernathy and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

 

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

 

Indictment in United States v. Jose Raul Mendivil-Berrelleza, et al., 17-CR-1913

 

Summary of the Charges

 

Count 1 of the Indictment charges the eight defendants with participating in a conspiracy to distribute methamphetamine and cocaine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years nor more than life and a $10 million fine.

 

Count 2 charges two defendants with participating in an international money laundering conspiracy. The maximum statutory penalty for a conviction on this count is 20 years and a $500,000 fine.

 

Counts 3 and 4 charge certain defendants with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine. The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.

 

Count 5 charges certain defendants with possession with intent to distribute more than 50 grams of methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.

 

Count 6 charges certain defendants with possession with intent to distribute more than 500 grams of cocaine. The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.

 

Counts 7 through 20 charge certain defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.

 

Charges against Defendants

 

Jose Raul Mendivil-Berrelleza, 33, a Mexican national residing in Hobbs, N.M., is charged in Counts 1, 2, 4-6, 8-14, 16, 18 and 19 of the indictment. Mendivil-Berrelleza was arrested this morning.

 

Daniel L. Perea, 37, of Hobbs, N.M., is charged in Counts 1, 4-8, 10, 11, 14, 15, 17 and 20 of the indictment. Perea was arrested this morning.

 

Jeremy W. Gough, 40, of Hobbs, N.M., is charged in Counts 1, 3, 15 and 20 of the indictment. Gough was arrested this morning.

 

Miguel Angel Luna-Arredondo, 24, a Mexican national, is charged in Counts 1 and 4-6 of the indictment. Luna-Arredondo has yet to be arrested and is considered a fugitive.

 

Carlos Espinoza-Perez, 27, a Mexican national residing in Hobbs, N.M., is charged in Counts 1, 9, 12, 13 and 19 of the indictment. Espinoza-Perez was arrested this morning.

 

David Torres-Arellanes, 28, a Mexican national residing in Hobbs, N.M., is charged in Counts 1 and 16-18 of the indictment. Torres-Arellanes was arrested this morning.

 

Roberto Rendon-Duran, 70, of Yuma, Ariz., is charged in Counts 1 and 2 of the indictment. Rendon-Duran was arrested this morning.

 

Reco Curry, 37, of Hobbs, N.M., is charged in Counts 1, 4 and 7 of the indictment. Curry was arrested last night.

 

Criminal Complaint in United States v. Felipe T. Castillo, 17-MJ-1492

 

Felipe T. Castillo, 38, of Eunice, N.M., is charged with being a felon in possession of a firearm and ammunition. The criminal complaint alleges that Castillo, who has two prior felony convictions, unlawfully possessed a firearm and ammunition on May 31, 2017, in Hobbs, N.M. According to the criminal complaint, on May 31, 2017, Castillo pointed a firearm at a law enforcement officer who was conducting surveillance in connection with this investigation. If convicted, Castillo faces a maximum statutory penalty of ten years of imprisonment and a $250,000 fine. Castillo was arrested on June 13, 2017, and remains in federal custody pending trial.

 

Charges in indictments and criminal complaints are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

Mendivil Berrelleza et al Indictment

ALBUQUERQUE – Christopher Joshua Cortes, 32, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

 

Cortes was arrested on April 17, 2017, on an indictment charging him with conspiring to distribute methamphetamine from March 13, 2016 through June 6, 2016, and distributing methamphetamine on June 6, 2016. According to the indictment, Cortes committed the offenses in Dona Ana County, N.M. The indictment included forfeiture provisions requiring Cortes to forfeit $6,500, the money involved in the drug transaction, to the United States.

 

During today’s proceedings, Cortes pled guilty to the indictment and admitted that he voluntarily agreed with others to distribute methamphetamine in Dona Ana County from about March 13, 2016 through June 6, 2016. Cortes further admitted distributing approximately 407 grams of methamphetamine to an undercover law enforcement agent on June 6, 2016.

 

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

 

This case was investigated by Homeland Security Investigations and is being prosecuted by Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Adam Martinez, 42, of Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to 120 months in prison followed by five years of supervised release for his conviction on federal narcotics trafficking and firearms charges.

 

The DEA arrested Martinez on Aug. 24, 2016, on a criminal complaint charging him with possession of heroin, methamphetamine and cocaine with intent to distribute, using and carrying firearms in relation to drug trafficking crimes, and being a felon in possession of firearms and ammunition. According to the complaint, Martinez was arrested after the DEA executed a search warrant at his Albuquerque residence and seized distribution quantities of heroin, methamphetamine, cocaine, other controlled substances, and two firearms. At the time, Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking offense.

 

On Sept. 13, 2016, Martinez was charged in an eight-count indictment with distributing methamphetamine on Aug. 5, 2016, and possessing distribution quantities of heroin, methamphetamine, cocaine, and other controlled substances on Aug. 24, 2016. The indictment also charged Martinez with possessing firearms in furtherance of his drug trafficking activities and being a felon in possession of firearms on Aug. 24, 2016. According to the indictment, Martinez committed the crimes in Bernalillo County.

 

On Feb. 16, 2017, Martinez pled guilty to five counts of the indictment, and admitted distributing methamphetamine on Aug. 5, 2016, and possessing heroin, methamphetamine and cocaine with intent to distribute on Aug. 24, 2016. He also admitted possessing firearms in furtherance of his drug trafficking crimes on Aug. 24, 2016.

 

In entering the guilty plea, Martinez admitted distributing drugs in Albuquerque from Jan. 2016 to Aug. 2016, and that his drug trafficking activities included selling approximately 27.8 grams of cocaine to a person working with law enforcement on Jan. 12, 2016. He also admitted selling drugs to an undercover officer on the following dates: approximately 27.4 grams of cocaine on Jan. 27, 2016; approximately 56.7 grams of methamphetamine on Feb. 5, 2016; and approximately 56.7 grams of methamphetamine on Aug. 5, 2016.

 

Martinez further admitted that on Aug. 24, 2016, law enforcement officers executed a search warrant on his residence and seized approximately 318 grams of heroin, 149.7 grams of 100% pure methamphetamine, 128 grams of cocaine, 250 tablets (27.59 grams) containing fentanyl, and 43 grams of marijuana. The officers also seized two firearms which were in close proximity to the drugs, and Martinez admitted possessing the firearms for purposes of protecting himself, his drugs, and his drug proceeds.

 

This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez 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 – Tom Begaye, Jr., 28, entered a guilty plea this afternoon to a six-count indictment charging him with murder, aggravated sexual abuse and kidnapping offenses arising out of the abduction and murder of an 11-year-old Navajo child on May 2, 2016. Begaye entered the guilty plea under a plea agreement that requires the imposition of a mandatory term of life imprisonment without the possibility of release.

 

“The Navajo Nation mourned when we learned of the vicious murder of Ashlynne Mike. The Nation has carried this pain ever since. Today, as we learn that her murderer has pleaded guilty to the six charges against him, we have taken one-step forward in healing. We know the pain will be lifelong for Ashlynne’s parents and immediate family,” said President Russell Begaye. “The Navajo Nation is taking every step necessary to strengthen our laws and emergency response communication system. We are furthering the implementation of an Amber Alert System to protect our children from horrendous crimes such as this one. This tragedy reminds us, as Navajo people, that we must adhere to our traditional teachings of K’é and Hozho in respecting each other. We ask our people to continue to love their children, take care of them, and watch them closely. The Navajo Nation will continue to move forward in protecting our children so that no other life is taken in such a tragic manner.”

“Today’s guilty plea, which holds Tom Begaye, Jr., fully accountable for kidnapping, sexually abusing and murdering Ashlynne Mike, and for the trauma he inflicted on her brother, is the result of the strong evidence developed by our law enforcement partners who worked tirelessly on this case to secure justice for the victims,” said Acting U.S. Attorney James D. Tierney. “Although the guilty plea cannot return Ashlynne to her family or relieve their profound sorrow, we hope that the mandatory sentence of life imprisonment that awaits Begaye will bring a measure of solace to the family and some comfort to a community that was shocked to its core by these brutal crimes. Little in life is more emotionally taxing than losing a child to violence, and we commend Ashlynne’s parents for channeling their grief into advocacy to improve the Amber Alert System on the Navajo Nation and other tribal communities in the hope that other families can be spared the heartbreak they have endured.”

 

“The death of any innocent crime victim is tragic, but when it’s a child, the impact on law enforcement is doubly hard. We hope today’s plea brings justice and some measure of comfort to Ashlynne Mike’s family, friends and the community that came together to express its sorrow after her death,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI thanks the U.S. Attorney's Office and our other partners who worked so hard on this case.”

 

“This case was very unfortunate, as it startled every community within and outside the Navajo Nation. We remain very emotional and devastated over the loss of a little Navajo child from the Shiprock community. It was especially hard for officers of the Navajo Nation Division of Public Safety and other public safety agencies from the surrounding areas who responded and worked this case us. To the citizens of Shiprock who responded and assisted us with the search, I thank each and every one of you,” said Director Jesse Delmar of the Navajo Nation Division of Public Safety. “The law enforcement response in this case was exceptional. I praise and thank the core investigators from our Division, the FBI and the U.S. Attorney’s office for their excellence and hard work in bringing justice to the victims and their family.”

 

The FBI and Navajo Nation Division of Public Safety arrested Begaye, an enrolled member of the Navajo Nation from Waterflow, N.M., on May 4, 2016, on a criminal complaint charging Begaye with kidnapping, sexually abusing and murdering an 11-year-old Navajo child on May 2, 2016, on the Navajo Indian Reservation in San Juan County, N.M. On May 24, 2016, a federal grand jury returned an indictment charging Begaye with six offenses: first-degree murder, felony murder, kidnapping resulting in death, aggravated sexual abuse resulting in death (two counts), and kidnapping of a minor. According to the indictment, Begaye killed a female child under the age of 12 years by striking her with a tire iron, and caused her death while kidnapping and sexually assaulting her. The indictment also charged Begaye with kidnapping a second victim, a male child under the age of 18 years.

 

During today’s change of plea hearing, Begaye pled guilty to all six-counts of the indictment. According to the plea agreement, Begaye kidnapped the 11-year-old victim and her nine-year-old brother on May 2, 2016, by tricking the children into getting into his van by offering to drive them to their home. Instead, Begaye drove them to a location near the Shiprock Monument where he led the victim away from the van to an area beyond her brother’s field of view. Begaye sexually assaulted the victim before killing her by strangling her and repeatedly hitting her on the head and face with a tire iron. Begaye then returned to his van, directed the victim’s brother to get out of the van, and drove away, leaving the child behind.

 

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

 

The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the FBI Child Abduction Rapid Deployment Team, U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department. Assistant U.S. Attorneys Niki Tapia-Brito and Jennifer M. Rozzoni are prosecuting the case.

 

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 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.

ALBUQUERQUE – Yesterday afternoon, Robert O. Moore, 68, of Albuquerque, N.M., was sentenced in federal court for his bank fraud conviction. Moore was sentenced to a 27-month term of imprisonment followed by three years of supervised release. Moore also was ordered to pay $150,535.10 in restitution to the victim of his criminal conduct.

 

On April 26, 2016, a federal grand jury filed an indictment charging Moore, a licensed real estate broker, with bank fraud and aggravated identity theft. According to the indictment, between April 2014 and Sept. 2014, Moore perpetuated a scheme to defraud a loan and finance business that was involved in real estate closings and settlement out of more than $150,000, and facilitated the scheme by using the identification of another person.

 

On Nov. 10, 2016, Moore entered a guilty plea to a felony information charging him with bank fraud. In entering the guilty plea, Moore admitted fraudulently transferring the ownership of a house that he was leasing to himself by presenting fraudulent documents to a financial institution so that he could obtain a mortgage against the house. Moore admitted that he used the name of an actual person as the notary public on the warranty deed without authorization.

 

The case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.

ALBUQUERQUE – Audrina Veneno, 23, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today in federal court in Albuquerque, N.M., to fourteen-months of imprisonment prison followed by one year of supervised release for her conviction on a child abuse charge.

 

Veneno was arrested in March 2015, on an indictment charging her with assaulting the victim, a child under the age of 16 years. The indictment alleged that Veneno committed the crime on Nov. 6, 2014, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.

 

On July 27, 2017, Veneno pled guilty to an information charging her with child abuse. In entering the guilty plea, Veneno admitted that on Nov. 6, 2014, she recklessly permitted the victim, an eight-month old infant, to be placed in a situation that endangered the victim’s life or health. Veneno further admitted that the victim suffered swelling and bruising to the victim’s face.

 

This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted 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 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 68 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 30 of them have been sentenced.

 

Juan Jose Rivas, 33, and Guajira Maya Lovato, 44, both pled guilty yesterday in federal court to methamphetamine trafficking charges. Lovato, who was charged in three indictments filed as the result of the investigation, pled guilty under a plea agreement requiring a five-year prison sentence.

 

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.

 

One indictment charged Rivas, Lovato and their co-defendants Janet Bowman, 40, and Anthony Barela, 34, with a methamphetamine trafficking offense. The indictment was superseded to add a fifth defendant, Maria Citlaly Beltran-Ahumada, 37, and another methamphetamine trafficking charge. The superseding indictment charged the five defendants with conspiracy to distribute methamphetamine from June 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on June 22, 2016.

 

A second indictment charged Lovato and co-defendant Desiree Otero, 24, with conspiracy to distribute heroin from July 20, 2016 through Aug. 9, 2016 and with distributing heroin on July 20, 2016. A third indictment charged Lovato and co-defendants Daniel Loya, 31, and Richard Cortez, 37, with conspiracy to distribute methamphetamine from July 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016.

 

During yesterday’s proceedings, Rivas pled guilty to an information charging him with distributing methamphetamine, and admitted that on June 22, 2016, he participated in the sale of two ounces of methamphetamine to another individual. At sentencing, Rivas faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.

 

Lovato entered a guilty plea in the same case to a methamphetamine distribution charge, and admitted that on June 22, 2016, she communicated with a drug purchaser regarding the price for two ounces of methamphetamine and later helped to complete the transaction. Her sentencing hearing also has yet to be scheduled.

 

The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

These cases were investigated by the Albuquerque office of ATF and are being prosecuted by Assistant U.S. Attorney Presiliano Torrez.

ALBUQUERQUE – Joseph Ray Mendiola, 36, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 144 months in prison followed by five years of supervised release for his conviction on cocaine and methamphetamine trafficking charges. Mendiola was also ordered to forfeit 14 firearms and ammunition.

 

Mendiola, whose prior criminal history includes two prior methamphetamine trafficking convictions and a conviction for being a felon in possession of a firearm, 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 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.

 

Mendiola is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.

 

The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) led by Mendiola, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program 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.

 

Mendiola and 15 other federal defendants were charged in a 24-count indictment filed on Sept. 22, 2015. Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.

 

During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.

 

On Oct. 18, 2016, Mendiola pled guilty to conspiracy to possess methamphetamine and cocaine with intent to distribute and possession of methamphetamine with intent to distribute. In entering the guilty plea, Mendiola admitted conspiring with his co-defendants to distribute methamphetamine and cocaine in Chaves County from June 2015 through July 31, 2015. Mendiola also admitted that on July 25, 2015, and July 31, 2015, he and a co-defendant arranged to purchase two pounds of methamphetamine with the intention of distributing it to others.

 

To date, 13 of Mendiola’s co-defendants have entered guilty pleas and two have been sentenced. Three co-defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases.

 

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 – Jose Alfredo Martinez-Salas, 37, a Mexican national, pled guilty today in federal court in Albuquerque, N.M., to a cocaine trafficking charge.

 

Martinez-Salas and co-defendants Omar Garcia, 34, of Albuquerque, N.M., and Abraham Andres Rios, 37, a Mexican national, were arrested in Sept. 2016, on a criminal complaint charging them with cocaine and heroin trafficking offenses. According to the complaint, federal agents arrested the three defendants after they attempted to distribute approximately 6.1 kilograms of cocaine and a kilogram of heroin to undercover Homeland Security Investigations (HSI) agents.

 

Martinez-Salas and his co-defendants were subsequently charged in a four-count indictment on Oct. 12, 2016. The indictment charged Garcia and Rios with conspiracy and possession of cocaine and heroin with intent to distribute, and Martinez-Salas with distribution of cocaine. According to the indictment, the defendants committed the crimes on Sept. 15, 2016, in Bernalillo County, N.M.

 

During today’s proceedings, Martinez-Salas pled guilty to Count 4 of the indictment charging him with distribution of cocaine. In entering the guilty plea, Martinez-Salas admitted that on Sept. 15, 2016, he distributed approximately 3.2 kilograms of cocaine to other individuals. Martinez-Salas admitted picking up a backpack containing the cocaine in Taos, N.M., with the intention of delivering the cocaine to individuals in Albuquerque. Law enforcement officers arrested Martinez-Salas in a restaurant parking lot in northwest Albuquerque after he delivered the cocaine to other individuals.

 

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

 

Garcia and Rios have entered pleas of not guilty to the charges in the indictment. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the Albuquerque offices of HSI and DEA. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.

ALBUQUERQUE – Luis Mejia, 32, of Albuquerque, N.M., was sentenced today in federal court to 70 months in prison for violating the federal firearms laws by unlawfully possessing a firearm and ammunition. Mejia will be on supervised release for three years after completing his prison sentence.

 

Mejia was arrested on Dec. 12, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on Nov. 29, 2016. According to the complaint, law enforcement officers located a firearm and ammunition on Mejia incident to his arrest after executing a traffic stop on Mejia’s vehicle.

 

Mejia was subsequently indicted on Dec. 20, 2016, and was charged with being a felon in possession of a firearm and ammunition on Nov. 29, 2016, in Bernalillo County, N.M. At the time, Mejia was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated assault with a deadly weapon, aggravated fleeing a law enforcement officer, aggravated battery with a deadly weapon causing great bodily harm and possession of a controlled substance. Mejia pled guilty to the indictment without the benefit of a plea agreement on April 20, 2017.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney David M. Walsh prosecuted the case.

ALBUQUERQUE – Yesterday morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support criminal complaints that separately charged Francisco Alberto Guerrero-Rodriguez, 20, and Noe Lucero-Ceniceros, 28, both Mexican nationals, illegally in the United States, with cocaine trafficking offenses. The charges against the two defendant arise out of seizures of large quantities of cocaine at two U.S. Border Patrol checkpoints in southern New Mexico. Guerrero-Rodriguez and Lucero-Ceniceros both were remanded into custody pending their trials, which have yet to be scheduled.

 

Border Patrol agents arrested Guerrero-Rodriguez on July 20, 2017, after they allegedly seized 8.8 kilograms (19.4 pounds) of cocaine from his vehicle. The cocaine was found during an inspection at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M., in Otero County, N.M. According to the criminal complaint, the cocaine was contained in seven bundles that were concealed in an “after-market compartment above the gas tank” that was accessed through a trap door under the vehicle’s back seat.

 

Border Patrol agents arrested Lucero-Ceniceros on July 21, 2017, after they allegedly seized approximately 8.68 kilograms (19.14 pounds) of cocaine from his vehicle. The cocaine was found during an inspection at the U.S. Border Patrol checkpoint on Interstate 25 near Hatch, N.M., in Dona Ana County, N.M. According to the complaint, the cocaine was found in a concealed compartment that was accessible through a trapdoor that was only accessible after removing the vehicle’s rear passenger compartment.

 

If convicted of the charges in the criminal complaints, Guerrero-Rodriguez and Lucero-Ceniceros each face a statutory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Assistant U.S. Attorney Mark A. Saltman is prosecuting the case against Guerrero-Rodriguez, and Assistant U.S. Attorney Dustin C. Segovia is prosecuting the case against Lucero-Ceniceros.

ALBUQUERQUE – Chad L. Lovato, 23, an enrolled member of Kewa Pueblo from Santo Domingo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Lovato’s plea agreement recommends a sentence of a year and a day in prison followed by a term of supervised release to be determined by the court.

 

Lovato was arrested on Feb. 4, 2017, on a criminal complaint charging him with assaulting three Kewa Pueblo tribal members with a firearm on Jan. 23, 2017, on the Kewa Pueblo in Sandoval County, N.M. According to the complaint, Lovato assaulted the tribal members by brandishing a firearm at them while a tribal official was transporting Lovato to the Governor’s Chambers in Kewa Pueblo. The complaint further alleges that Lovato engaged in a lengthy standoff in the Governor’s Chambers before law enforcement officers were able to take Lovato into custody safely.

 

During today’s proceedings, Lovato pled guilty to an information charging him with assault with a dangerous weapon. In entering the guilty plea, Lovato admitted that on Jan. 23, 2017, he assaulted a Kewa Pueblo tribal official with a BB gun with intent to do bodily harm. Lovato admitted that he pointed and aimed the BB gun at the victim, and then barricaded himself in the Tribal Governor’s office until he was apprehended by law enforcement. A sentencing hearing has yet to be scheduled.

 

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

ALBUQUERQUE – Randal Gordon Paul, 48, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 120 months in prison followed by a lifetime of supervised release for his conviction on a federal child pornography charge. Paul also was ordered to pay $1,000 in restitution to victims of Paul’s criminal conduct. Paul will be required to register as a sex offender when he completes his prison sentence.

 

Paul was arrested on Dec. 2, 2016, on a criminal complaint charging him with possessing and distributing visual depictions of minors engaged in sexually explicit activity from June 2015 through Nov. 2016, in Bernalillo County, N.M. According to the criminal complaint, the investigation into Paul began in Nov. 2014, after an email address belonging to Paul, was used to register an account with a website known to show images of minors engaged in sexually explicit conduct. Further investigation revealed that Paul was a registered sex offender with two prior convictions; the first in 1996 for lewd and lascivious acts with a child under 14, and the second in 1998 for aggravated sexual abuse. On Nov. 16, 2016, law enforcement searched Paul’s residence and found a computer containing a video and at least 30 images of child pornography.

 

On March 7, 2017, Paul pled guilty to a felony information charging him with possessing child pornography between Dec. 2012 and Nov. 2016, in Bernalillo County. In his plea agreement, Paul admitted downloading child pornography from the internet and saving them on electronic devices, including a desktop computer.

 

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

ALBUQUERQUE – Joshua Greene, 19, of Albuquerque, N.M., was sentenced yesterday afternoon in federal court to 87 months in prison followed by four years of supervised release for his conviction on heroin trafficking charges. Green also was ordered to forfeit $28,135 in cash, a handgun, and a gold necklace set with 1,728 natural diamonds valued at $11,555 to the United States, and to pay a money judgment in the amount of $28,250.

 

Greene and co-defendant Kayleb Reyos, 23, of Rio Rancho, N.M., were arrested in May 2016, as the result of a DEA investigation into heroin and methamphetamine trafficking in northwest Albuquerque. The complaint alleges that Greene and Reyos sold an aggregate of 36 ounces (2.25 pounds) of heroin and 3 ounces (.18 pounds) of methamphetamine to undercover law enforcement agents during a series of transactions occurring between Feb. 2016 and May 2016. The two men were arrested when the DEA executed a federal search warrant at their residence in northwest Albuquerque. During the search, the DEA seized an additional pound of heroin, bulk amounts of cash, a handgun, and drug paraphernalia.

 

Greene and Reyos subsequently were charged in a ten-count indictment filed on June 14, 2016. The indictment charged Greene and Reyos with conspiracy to distribute heroin from Feb. 2016 to May 2016. It also charged the two defendants with distributing heroin on Feb. 25, 2016, April 12, 2016, and May 4, 2016, and distributing methamphetamine on March 23, 2016. Greene separately was charged with distributing heroin on Feb. 4, 2016, March 9, 2016, and March 22, 2016, and possessing heroin with intent to distribute on May 17, 2016. Reyos separately was also charged with possessing heroin with intent to distribute on May 17, 2016.

 

On April 11, 2017, Greene pled guilty to a felony information charging him with conspiracy and distribution of heroin. In entering the guilty plea, Green admitted that from Feb. 4, 2016 through May 17, 2016 he directed a small-scale drug trafficking organization in northwest Albuquerque. Greene further admitted that on March 22, 2016, he sold approximately 135.1 grams of heroin to an undercover law enforcement agent.

 

On May 23, 2017, Reyos pled guilty to a felony information charging him with conspiracy and distribution of heroin. In entering the guilty plea, Reyos admitted that from Feb. 4, 2016 through May 17, 2016, he was part of a small-scale drug trafficking organization that operated in northwest Albuquerque. Reyos admitted that on April 12, 2016, he drove Greene to a parking lot in Albuquerque, where Greene sold approximately 423.8 grams of heroin to an undercover law enforcement agent. Reyos faces a maximum penalty of 20 years in federal prison. Reyos is scheduled to be sentenced on Aug. 25, 2017, in Albuquerque.

 

This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorneys Kristopher Houghton and Alexander Uballez are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, Bernalillo County Commissioner Maggie Hart Stebbins, Albuquerque City Councilor Diane Gibson, 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 – Sean Stinson, 33, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to using interstate communications to threaten the lives and safety of Las Cruces Police Department (LCPD) officers.

 

Stinson was arrested on Sept. 2, 2016, for making telephone calls from El Paso to individuals in Las Cruces during which he threatened the lives of LCPD officers. According to the criminal complaint, Stinson had several telephone calls, some of which were recorded, with LCPD officers during which Stinson threatened to shoot, kill and otherwise injure specific officers.

 

Stinson subsequently was indicted on Sept. 21, 2016, and charged with seven counts of transmitting interstate communications with intent to threaten to injure another person. According to the indictment, Stinson committed the crimes between Aug. 24, 2016 and Sept. 2, 2016.

 

During today’s proceedings, Stinson pled guilty to the indictment and admitted that on Aug. 24 and 25, 2016, he made several telephone calls from El Paso to the LCPD during which he threatened to injure an LCPD officer. Stinson acknowledged that he intended his calls to be perceived as threats.

 

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

 

This case was investigated by the Las Cruces office of the FBI, the U.S. Marshals Service and the LCPD. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – William Colbert, 38, of Albuquerque, N.M., was sentenced on July 21, 2017, in federal court to 41 months in prison followed by three years of supervised release for his conviction on bank robbery charges.

 

Colbert and co-defendants Joleen Sedillo, 42, and Abel Lopez, 31, both of Albuquerque, were arrested in July 2016, on a criminal complaint charging them with bank robbery charges. The criminal complaint alleges that Colbert, Sedillo, and Lopez robbed Bank of the West branches located at 5401 Central Ave. NE and 7900 Wyoming Blvd. NE on June 22, 2016 and June 27, 2016, respectively, and attempted to rob the Bank of the West branch located at 5228 Central Ave. SW on July 14, 2016.

 

Colbert, Sedillo, and Lopez were indicted on Aug. 10, 2016, and charged with conspiracy to commit bank robbery in June and July 2016; bank robbery on June 22, 2016 and June 27, 2016; and attempted bank robbery on July 14, 2016. According to the indictment, the three defendants committed the crimes in Bernalillo County, N.M.

 

On April 5, 2017, Colbert pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. In entering the guilty plea, Colbert admitted accompanying Sedillo and Lopez to the Bank of the West branches they planned to rob. Colbert further admitted that on July 14, 2016, he entered a Bank of the West branch while disguised with the intent to commit a robbery but left without obtaining any money.

 

On April 7, 2017, Lopez pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Under the terms of his plea agreement, Lopez will be sentenced within the range of 27 to 33 months in federal prison followed by a term of supervised release to be determined by the court. A sentencing hearing has yet to be scheduled.

 

On March 28, 2017, Sedillo pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Sedillo was sentenced on July 14, 2017, to 27 months in prison followed by three years of supervised release.

 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.

ALBUQUERQUE – Brandon Maestas, 32, of Nambe, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by using and carrying firearms in furtherance of a drug trafficking crime.

 

Maestas was arrested on March 4, 2016, on a criminal complaint charging him with violating federal drug trafficking and firearms laws. According to the complaint, law enforcement officers found approximately 150 grams of cocaine, marijuana, drug paraphernalia and multiple firearms and ammunition while executing a state search warrant at Maestas’ residence in Nambe, N.M.

 

Maestas was indicted on March 23, 2016, and charged with drug trafficking and firearms offenses. The indictment, which was superseded on April 11, 2017, charged Maestas with possession of cocaine with intent to distribute, maintaining a residence for the purpose of drug trafficking, unlawful possession of a firearm and ammunition, and possessing firearms in furtherance of a drug trafficking crime. According to the superseding indictment, Maestas committed the crimes on Feb. 19, 2016, in Santa Fe County, N.M.

 

During today’s proceedings, Maestas pled guilty to Count 4 of the superseding indictment charging him with possessing firearms in furtherance of a drug trafficking crime. In entering the guilty plea, Maestas admitted that on Feb. 19, 2016, he possessed four pistols and multiple rounds of ammunition in relation to a drug trafficking crime, specifically possession of cocaine with intent to distribute.

 

At sentencing, Maestas faces a mandatory penalty of five years in federal prison. Maestas remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the FBI and the HIDTA Region III Narcotics Task Force. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.

 

The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States. The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.

ALBUQUERQUE – Ben E. Aragon, 26, an enrolled member of the Pueblo of Isleta who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 12 months in prison for assaulting a federal officer. Aragon will be on supervised release for three years after he completes his prison sentence.

 

Aragon was charged by criminal complaint on July 28, 2016, with assaulting an officer of the Isleta Pueblo Tribal Police Department, who is commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Aragon assaulted the officer while he was attempting to arrest Aragon on tribal charges of aggravated assault and criminal trespass, and an outstanding tribal arrest warrant.

 

Aragon was indicted on Sept. 13, 2016, and charged with assaulting a federal officer who was engaged in the performance of her official duties on July 23, 2016, on the Isleta Pueblo in Bernalillo County, N.M. Aragon pled guilty to the indictment on July 5, 2017, without the benefit of a plea agreement.

 

This case was investigated by the Isleta Pueblo Tribal Police Department and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE – Xavior Akina, 20, of Albuquerque, N.M., entered a guilty plea today in federal court to violating the Hobbs Act by robbing a pizza delivery person on March 7, 2016.

 

Akina was charged in a three-count indictment filed on May 10, 2016, with violating the Hobbs Act on March 6, 2016, by robbing a Domino’s Pizza employee at gunpoint, and on March 7, 2016, by robbing a Papa John’s Pizza employee at gunpoint, and violating the firearms laws by brandishing a firearm during those crimes of violence. According to the indictment, Akina committed the offenses in Bernalillo County, N.M.

 

During today’s proceedings, Akina pled guilty to Count 2 of the indictment charging him with violating the Hobbs Act and to Count 3 of the indictment charging him with brandishing a firearm during a crime of violence. In entering the guilty plea, Akina admitted that on March 7, 2016, he threatened the victim with a firearm and demanded money from the victim while the victim was delivering pizza.

 

At sentencing, Akina faces a maximum penalty of 20 years in federal prison on the Hobbs Act charge, and a mandatory seven-year prison sentence for brandishing a firearm, which must be served consecutive to any sentence imposed on the Hobbs Act charge. Akina remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

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

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney will hold a press conference at 1:00 P.M., on THURSDAY, JUNE 20, 2017, to discuss the indictment against Ayudando Guardians, Inc., and its principals, and the court order authorizing the U.S. Marshals Service to take control of its business operations. Acting U.S. Attorney Tierney will be joined by Special Agent in Charge Ismael Nevarez Jr. of the Phoenix Field Office of IRS Criminal Investigation, Assistant Special Agent in Charge Derek A. Fuller of the Albuquerque Division of the FBI, Special Agent in Charge Carl D. Scott of the Criminal Investigation Division of the U.S. Department of Veterans Affairs’ Office of Inspector General, and Resident Agent in Charge Ron Trevino of the Dallas Field Division of the U.S. Social Security Administration’s Office of the Inspector General.

 

WHO:

Acting U.S. Attorney James D. Tierney

Special Agent in Charge Ismael Nevarez Jr., Phoenix Field Office of IRS Criminal Investigation

Assistant Special Agent in Charge Derek A. Fuller, Albuquerque Division of the FBI

Special Agent in Charge Carl D. Scott, Criminal Investigations Division of the U.S. Department of Veterans Affairs’ Office of Inspector General

Resident Agent in Charge Ron Trevino, Dallas Field Division of the U.S. Social Security Administration’s Office of the Inspector General

 

WHEN:

THURSDAY, JULY 20, 2017

1:00 P.M.

 

WHERE:

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

201 Third Street NW

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

Albuquerque, NM 87102

OPEN PRESS

 

NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. Media may begin to arrive at 10:45 a.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.

U.S. Marshals Service Assumes Control of Ayudando Guardians, Inc.,

to Ensure Continuity of Services for Special Needs Clients

 

ALBUQUERQUE – Federal law enforcement officials today announced the filing of conspiracy, fraud, theft and money laundering charges against Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando), and its co-founders, Susan Harris, 70, and Sharon Moore, 62, both residents of Albuquerque, N.M. The charges, which are contained in a 28-count indictment, arise out of an alleged decade-long sophisticated 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.

 

According to the indictment, Ayudando – which means “helping” in Spanish – receives government benefit payments from the U.S. Department of Veterans Affairs (VA) and U.S. Social Security Administration (SSA) on behalf of many of its clients, and acts as a fiduciary or representative payee for these clients by paying their expenses and maintaining the balances for the benefit of the clients. The indictment alleges that Harris and Moore, the primary owners and operators of Ayudando, have embezzled millions of dollars from their special needs clients to support lavish lifestyles for themselves and their families.

 

The charges against Ayudando, Harris and Moore are the result of an ongoing multi-agency investigation by the FBI, IRS Criminal Investigation, U.S. Marshals Service (USMS), VA Office of Inspector General and SSA Office of Inspector General. This morning federal law enforcement agents arrested Harris and Moore. Harris and Moore made their initial appearances in federal court in Albuquerque this morning. They are scheduled to return to court at 9:30 a.m. tomorrow, July 20, 2017, to be arraigned on the indictment and for detention hearings.

 

Federal authorities also enforced a federal court order that authorized the USMS’s Complex Assets Unit to assume control of Ayudando’s business operations. The court order appoints the USMS as the Receiver and Monitor of Ayudando, including all its financial accounts. The order authorizes the USMS to operate the business to ensure that its assets are not improperly spent or removed, and that the interests of Ayudando clients are protected as the prosecution of the criminal case goes forward. The USMS’s operation of Ayudando will ensure continuity of services for Ayudando clients.

 

The charges against Ayudando, Harris and Moore were announced by Acting U.S. Attorney James D. Tierney, U.S. Marshal Conrad E. Candelaria, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation, Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA’s Office of Inspector General, and Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA’s Office of the Inspector General.

 

In making the announcement, Acting U.S. Attorney James D. Tierney said, “This case is all about the victims. The victims in this case relied upon Ayudando to manage their finances and meet their needs. If the allegations in the indictment are true, the principals of Ayudando cruelly violated the trust of their clients and looted their benefits. Federal law enforcement has now stepped in to ensure that the looting stops. The U.S. Attorney’s Office and its partners will conduct this prosecution in a manner that provides for the continued receipt of benefits by Ayudando’s clients, while holding the principals of the company accountable for their conduct.”

 

“This morning the U.S. Marshals Service assumed control of Ayudando’s business operations to ensure that the victims of the crimes charged in the indictment, which include our disabled veterans, and other Ayudando clients will continue to receive the services they deserve and are entitled to,” said U.S. Marshal Conrad E. Candelaria. “The U.S. Marshals Service also will continue to assist its law enforcement partners in the continuing investigation.”

 

“Many of our most vulnerable Americans, such as those with special needs, trust fiduciaries to handle their government benefits for them. Unfortunately, there are plenty of criminals willing to steal what could be a person’s only source of income, using the money to support a lavish lifestyle,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI, working with our law enforcement and government partners, is committed to bringing to justice those individuals whose greed destroys the lives and dreams of innocent people.”

 

“The indictment alleges that, instead of helping people with special needs, the defendants were greedy and helped themselves to their clients’ money,” said Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation. “IRS Criminal Investigation will always investigate individuals who misuse non-profit businesses and cause harm to those whose needs are supposed to be served by those businesses.”

 

“Professional fiduciaries who defraud vulnerable veterans are reprehensible,” said Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA Office of Inspector General. “The VA OIG will continue to work with other law enforcement agencies to expose those who harm veterans or exploit VA benefits systems and bring them to justice.”

 

“The SSA OIG is committed to investigating cases of suspected representative payee fraud, which can involve the theft of government funds and harm some of our most vulnerable citizens,” said Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA Office of the Inspector General. “We will continue to work with our law enforcement partners and the U.S. Attorney's Office on this case.”

 

The 28-count indictment, which was filed under seal on July 11, 2017 and was unsealed and publicly posted earlier today, includes two conspiracy counts, ten counts of mail fraud, nine counts of aggravated identify theft and six counts of money laundering. According to the indictment, from Nov. 2006, when Harris and Moore founded Ayudando, and continuing until July 2017, Ayudando, Harris and Moore embezzled millions of dollars from Ayudando client accounts to cover their personal expenses and support lavish lifestyles for themselves and their families. The indictment alleges that Harris and Moore perpetuated the embezzlement scheme by:

• Establishing Ayudando as a non-profit corporation in Nov. 2006, to position it as a guardian, conservator, fiduciary and representative payee for individuals needing assistance with their financial affairs;

• Setting up client trust and company bank accounts which only they controlled;

• Transferring funds from client accounts to Ayudando company accounts;

• Using client funds to pay off more than $4 million in charges on a company credit card account used by Harris, Moore and their families for personal purposes;

• Writing checks from Ayudando company accounts to themselves, cash and to cover personal expenses;

• Replenishing depleted client accounts with funds taken from other clients;

• Mailing fraudulent statements and certifications to the VA; and

• Forging and submitting forged bank statements to the VA.

 

The indictment identifies some of the ways in which Harris and Moore used the money they allegedly stole from Ayudando clients. For example, the indictment alleges that between June 2011 and March 2014, Harris wrote 12 checks in the total amount of $457,883 on the Ayudando client reimbursement account for personal purpose, including a $50,950 check made out to Mercedes Benz of Albuquerque and a $26,444 check made out to Myers RV Center. It also alleges that between Jan. 2013 and Feb. 2017, Harris used an Ayudando company credit card to pay $140,790 to cover luxury vacations for herself and others, including cruises in the Caribbean isles and a “Final Four” basketball junket, while knowing that Moore would pay off the charges using client funds.

 

The mail fraud charges in the indictment describe some of the fraudulent documents allegedly mailed by Ayudando, Harris and Moore to the VA to perpetuate and conceal their embezzlement scheme. For example, between Jan. 2016 and Nov. 2016, Moore allegedly mailed fraudulent documents to the VA that falsely represented the balances in ten client accounts. According to the indictment, the documents falsely claimed that the ten client accounts had an aggregate balance of $1,906,908, when the actual value of the ten accounts was only $72,281. The ten client accounts identified in the indictment are examples of the fraud allegedly perpetrated by the defendants as part of their embezzlement scheme.

 

According to the indictment, Ayudando, Harris and Moore also engaged in aggravated identify theft by using their clients’ names, dates of birth, Social Security Numbers and VA file numbers to commit mail fraud offenses. Harris and Moore also allegedly committed money-laundering offenses by using $392,623 from the Ayudando client reimbursement account to pay off balances on a company credit card used by the defendants and their families for personal purposes. The indictment includes forfeiture provisions that seek forfeiture to the United States of any proceeds and property involved in, or derived from, the defendants’ unlawful conduct.

 

If the defendants are convicted on the crimes charged in the indictment, they face the following maximum statutory penalties:

• Count 1, conspiracy – 30 years of imprisonment and a $250,000 fine;

• Counts 2-11, mail fraud – 30 years of imprisonment and a $250,000 fine;

• Counts 12-21, aggravated identity theft – a mandatory two-years of imprisonment that must be served consecutive to any other sentence imposed on other counts and a $250,000 fine;

• Counts 22-27, money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime; and

• Count 28, conspiracy to commit money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime.

 

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 office 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.

 

Ayudando clients or family members of Ayudando clients who need to speak with someone about their accounts or expenses should call Ayudando, which is now being operated by the U.S. Marshals Service, at 505-332-4357.

 

Starting tomorrow, information about the federal investigation into Ayudando, including the indictment and the federal court order, will be available at www.justice.gov/usao-nm/ayudando-guardians. Also starting tomorrow, Ayudando clients can direct their comments or concerns to the U.S. Attorney’s Office at USANM.Ayudando@usdoj.gov or 505-346-6902.

 

Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

Ayudando Indictment

ALBUQUERQUE – Odis Levi Booher, 28, of Artesia, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to violating the federal firearms and drug trafficking laws. Under the terms of the plea agreement, Booher will be sentenced to ten years in prison followed by a term of supervised release to be determined by the court.

 

Booher was arrested on Nov. 15, 2016, on a criminal complaint charging him with committing firearms and methamphetamine trafficking offenses in Chaves County, N.M. According to the complaint, on Nov. 10, 2016, law enforcement agents found approximately 511.2 grams of methamphetamine, a handgun and $2,205 in cash while executing search warrants on Booher and his vehicle.

 

During yesterday’s proceedings, Booher pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute, possession of a handgun in relation to a drug trafficking crime, and being a felon in possession of a firearm. In entering the guilty plea, Booher admitted that on Nov. 10, 2016, he possessed the methamphetamine, firearm and ammunition found inside his truck by law enforcement officers. Booher acknowledged that on Nov. 10, 2016, he was prohibited from possessing firearms or ammunition because of his prior felony conviction for residential burglary. Booher remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Metro Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorney Dustin C. Segovia of the U.S. Attorney’s Las Cruces Branch Office.

 

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

ALBUQUERQUE – Jordan Roybal, 25, an enrolled member of the San Ildefonso Pueblo who resides in San Felipe Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer.

 

Roybal was arrested on March 3, 2017, on a criminal complaint charging him with assaulting a federal officer. According to the criminal complaint, Roybal was arrested on tribal charges on Nov. 21, 2016, after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA). Roybal committed the assault on San Ildefonso Pueblo in Santa Fe County, N.M., by resisting arrest and challenging the officer to fight. During the assault, Roybal bit the officer on the wrist. The officer also sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist as the result of the assault.

 

Roybal was subsequently charged in a two-count indictment on March 28, 2017, with assaulting a federal officer on Nov. 21, 2016 in Santa Fe County, and assaulting a federal officer on Jan. 26, 2017, in Rio Arriba County, N.M.

 

During today’s proceedings, Roybal pled guilty to Count 1 of the indictment charging him with assaulting a federal officer. In entering the guilty plea, Roybal admitted that on Nov. 21, 2016, he assaulted a BIA officer while the officer was attempting to arrest him on tribal offenses by lying about his identity, cursing at the officer, resisting arrest, throwing his elbow into the officer, biting the officer, and verbally threatening the officer.

 

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

 

This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.

ALBUQUERQUE – Richard G. Thyberg, 28, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by four years of supervised release for his conviction on heroin and methamphetamine trafficking charges and for violating the conditions of his supervised release on a prior conviction.

 

Thyberg was arrested on Nov. 4, 2016, on a criminal complaint charging him methamphetamine and heroin trafficking offenses in Chaves County, N.M. According to the complaint, Thyberg sold 15.4 grams of methamphetamine to an individual working with law enforcement on May 18, 2016. The complaint further alleges that on June 28, 2016, law enforcement agents found 319.4 grams of methamphetamine, 91.5 grams of heroin, Suboxone strips, marijuana, $4,033.95 in cash, and drug paraphernalia inside Thyberg’s vehicle while executing a search warrant. At the time of the offenses, Thyberg was on supervised release for a federal conviction in 2009.

 

On March 8, 2017, Thyberg pled guilty to a felony information charging him with possession of methamphetamine and heroin with intent to distribute and violating the terms of his supervised release for his prior conviction. In entering the guilty plea, Thyberg admitted that on June 28, 2016, he possessed the methamphetamine and heroin officers found in his vehicle, and that he intended to sell the drugs to others. Thyberg also admitted violating the conditions of his supervised release, which included prohibitions against committing another federal, state or local crime and unlawfully possessing a controlled substance by possessing methamphetamine and heroin with the intent to distribute on June 28, 2016.

 

This case was investigated by the HIDTA Chaves County Metro Narcotics Task Force which 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.

 

This case was prosecuted by Assistant U.S. Attorney Selesia Winston of the U.S. Attorney’s Las Cruces Branch Office 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 – Randy Payton, 35, an enrolled member of the Navajo Nation who resides in Churchrock, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Payton entered the guilty plea under a plea agreement that recommends that he be sentenced to a term of imprisonment within the range of seven to 13 years followed by a term of supervised release to be determined by the court

 

Payton was arrested on Oct. 19, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on Oct. 14, 2016. According to the criminal complaint, Payton killed the victim by hitting and kicking him repeatedly during a fight. Payton was subsequently indicted on the same charge on Nov. 15, 2016.

 

During today’s proceedings, Payton pled guilty to the indictment and admitted killing the victim during a fight on Oct. 14, 2016. Payton remains in custody pending his sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Gallup office of the FBI and the Navajo Nation Department of Public Safety and was prosecuted by Assistant U.S. Attorney Novaline Wilson.

ALBUQUERQUE – Richard Ruiz Leyva, 37, of Las Cruces, N.M., was sentenced today in federal court to 82 months in prison for assaulting federal law enforcement officers. Leyva will be on supervised release for three years after completing his prison sentence.

 

Leyva was arrested in Aug. 2016, and charged by a criminal complaint with assaulting and resisting local law enforcement officers who were federally commissioned by the U.S. Marshals Service (USMS). According to the complaint, Leyva assaulted the officers by using his vehicle as a weapon by repeatedly running into law enforcement vehicles as the officers attempted to conduct a traffic stop on Leyva. Leyva also drove his vehicle directly at an officer who had exited his vehicle after Leyva had rendered the officer’s vehicle inoperable by crashing into the law enforcement vehicle.

 

On March 22, 2017, Leyva pled guilty to a felony information charging him with two counts of assaulting, resisting and interfering with federal officers engaged in the performance of their official duties. In entering the guilty plea, Leyva admitted that on Aug. 19, 2016, he used his vehicle as a deadly weapon in an attempt to flee from federal and local law enforcement officers because of an outstanding warrant for his arrest. Leyva further admitted that he drove directly at an officer but turned away when the officer fired his weapon at Leyva in an effort to stop Leyva.

 

This case was investigated by the Las Cruces offices of the FBI and the USMS and the Las Cruces Police Department. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – There is insufficient evidence to pursue federal criminal civil rights charges against Albuquerque Police Department (APD) officers involved in the fatal shooting of James Boyd, the Justice Department announced today. Officials from the Department’s Civil Rights Division, the U.S. Attorney’s Office for the District of New Mexico and FBI met today with Boyd’s family and their representative to inform them of this decision. Boyd, who had a long history of mental illness, was shot and killed following a lengthy standoff with law enforcement officers after he was discovered camping illegally in the foothills of the Sandia Mountains.

 

Career prosecutors and investigators at the Justice Department conducted a comprehensive independent review of the events surrounding the March 16, 2014, shooting that resulted in Boyd’s death. The investigation reviewed all of the material and evidence in the state case, which was provided by the APD, the New Mexico State Police (NMSP) and the Bernalillo County Sheriff’s Department, including witness statements, recordings from video and audio recording devices worn by officers, dispatch records, photos and recordings by civilian witnesses, crime scene evidence, ballistics evidence, and medical reports. The Department also reviewed the evidence presented in state court during the preliminary hearing and trial by the Special Prosecutor appointed by the Second Judicial District Attorney’s Office.

 

The federal review sought to determine whether the evidence of the events that led to Boyd’s death were sufficient to prove beyond a reasonable doubt that any officer’s actions violated the federal criminal civil rights statutes. Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. Courts define “willfully” to require proof that a defendant knew his acts were unlawful, and committed those acts in open defiance of the law. It is one of the highest standards of intent imposed by law.

 

After a careful and thorough review into the facts surrounding the shooting, federal investigators determined that there is insufficient evidence prove beyond a reasonable doubt a violation of the federal statute. The evidence, when viewed as whole, indicates that the officers fired only after reasonably perceiving that Boyd posed a serious threat of physical harm to a fellow officer. At the time of the shooting, Boyd was brandishing two knives and was in close proximity to a canine handler. Additionally, the officers were aware of Boyd’s violent criminal history, mental health issues, and his repeated threats to kill officers during the standoff. Consequently, there is insufficient evidence to prove that the officers’ uses of deadly force were objectively unreasonable.

 

Accordingly, the investigation into this incident has been closed. This decision is limited strictly to the Department’s inability to meet the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the shooting.

 

The Justice Department is committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.

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 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 66 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 29 of them have been sentenced.

 

Davon Johnson, 44, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, Johnson will be sentenced to five years in prison followed by a term of supervised release to be determined by the court.

 

Johnson is one of 104 individuals who were charged as the result of the investigation that began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.

 

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.

 

Johnson was arrested on July 6, 2016, on an indictment charging him with distribution of MDMA on Jun 9, 2016, in Bernalillo County, N.M. During today’s proceedings, Johnson pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Johnson admitted that on June 9, 2016, he sold approximately 100 pills containing methamphetamine to another individual in exchange for money. Johnson remains in custody pending a sentencing hearing which has yet to be scheduled.

 

The remaining defendants have entered not guilty pleas. 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 ATF and is being prosecuted by Assistant U.S. Attorney Presiliano Torrez

ALBUQUERQUE – Steven Morales, 38, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a round of ammunition. At sentencing, Morales faces a maximum penalty of ten years of imprisonment unless the court determines that he is an armed career criminal. In that event, Morales will face an enhanced sentence of a statutory mandatory minimum penalty of 15 years in prison and a maximum of life imprisonment.

 

Morales is being 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 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.

 

Morales was arrested in July 2015, on an indictment charging him with being a felon in possession of ammunition on Jan. 28, 2015 in Bernalillo County, N.M. According to the indictment, Morales was prohibited from possessing firearms or ammunition because of his numerous felony convictions. According to court filings, Morales has at least five felony convictions for offenses involving burglary, larceny, criminal damage, receiving stolen property, escape from jail, possession of methamphetamine, disarming a police officer, and aggravated fleeing a law enforcement officer.

 

During today’s proceedings, Morales pled guilty to the indictment without the benefit of a plea agreement. Morales remains in custody pending his 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, the U.S. Marshals Service and the Bernalillo County Sheriff’s Department. Assistant U.S. Attorney Samuel A. Hurtado 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 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 65 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 29 of them have been sentenced.

 

The following Albuquerque residents recently entered guilty pleas in federal court in Albuquerque, N.M.:

• Brandon Jason Hunt, 27, pled guilty to cocaine trafficking charges on July 6, 2017. Under the terms of his plea agreement, Hunt will be sentenced to a year and a day in prison. However, if the court determines that Hunt is a career offender, he will be sentenced to 96 months in prison.

• Margarito Ruiz, 36, pled guilty to methamphetamine trafficking charges on July 6, 2017.

• Cody Jones, 32, and Dustin Swint, 30, each pled guilty to methamphetamine trafficking charges on July 13, 2017.

In addition, the following two Albuquerque residents were sentenced:

• Mikai Cropsey, 42, was sentenced on July 11, 2017, to 51 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.

• Adrian D. Hammond, 30, was sentenced on July 13, 2017, to 36 months in prison followed by three years of supervised release for being a felon in possession of a firearm.

 

These six defendants were amongst the 104 who were charged as the result of the investigation that began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.

 

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.

 

Hunt was arrested in Oct. 2016, on an indictment charging him with distributing cocaine on May 5, 2016, and June 1, 2016, and being a felon in possession of a firearm on May 19, 2016. Hunt was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated battery with a deadly weapon and attempt to commit an aggravated burglary. According to the indictment, Hunt committed the offenses in Rio Arriba County, N.M. On July 6, 2017, Hunt pled guilty to distributing cocaine and admitted that on May 5, 2016, he distributed cocaine to an undercover law enforcement agent. A sentencing hearing is currently scheduled for Oct. 5, 2017.

 

Hunt was arrested in Jan. 2017, on an indictment charging him with distributing methamphetamine on May 23, 2016, and being a felon in possession of a firearm on May 25, 2016. was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of a controlled substance and shoplifting. According to the indictment, committed the offenses in Bernalillo County, N.M. On July 6, 2017, pled guilty to a methamphetamine trafficking charge, and admitted that on May 23, 2016, he distributed approximately two ounces of methamphetamine to an undercover law enforcement agent. At sentencing, faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.

 

Jones and Swint were arrested in Aug. 2016, on an indictment charging the two men with participating in a methamphetamine trafficking conspiracy and distributing methamphetamine on May 16 and 17, 2016. The indictment also charged Jones alone with distributing methamphetamine on June 6, 2016, June 7, 2016, and June 15, 2016. According to the indictment, Jones and Swint committed the crimes in Bernalillo County. On July 13, 2017, Jones and Swint each pled guilty to methamphetamine trafficking charges and admitted that on May 17, 2016, they conspired to distribute approximately two ounces of methamphetamine to an undercover law enforcement agent. At sentencing, Jones and Swint each face a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. Sentencing hearings have yet to be scheduled.

 

Cropsey and his codefendant Bernadette Aurora Tapia, 49, also of Albuquerque, were arrested in Aug. 2016, on an indictment charging them with conspiracy and distribution of methamphetamine on June 14, 2016, in Bernalillo County. On Dec. 22, 2016, Cropsey pled guilty to conspiracy and admitted that on June 14, 2016, he agreed with another person to sell methamphetamine to a person Cropsey believed was a drug customer.

 

Hammond was charged in a criminal complaint on June 27, 2016, with being a felon in possession of a firearm and ammunition on June 26, 2016, in Bernalillo County. Hammond was subsequently indicted on the same charge on July 12, 2016. According to the indictment, Hammond was prohibited from possessing firearms or ammunition because of his prior felony convictions for theft by taking, obstruction of law enforcement officer, being a felon in possession of a firearm, false imprisonment and aggravated assault with a deadly weapon. On April 12, 2017, Hammond pled guilty to the indictment and admitted that he was prohibited from possessing firearms or ammunition on June 26, 2016, because of his status as a convicted felon.

 

The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

These cases were investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case against Hunt. Assistant U.S. Attorney Eva M. Fontanez is prosecuting the case against Ruiz. Assistant U.S. Attorney Rumaldo A. Armijo is prosecuting the case against Jones and Swint. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case against Cropsey. Assistant U.S. Attorney Presiliano Torrez prosecuted the case against Hammond.

ALBUQUERQUE – Justin Krantz, 32, of Aztec, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 57 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.

 

Krantz arrested in Nov. 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 4, 2016, in San Juan County, N.M. According to the indictment, Krantz was prohibited from possessing firearms or ammunition because of his prior conviction on drug trafficking charges.

 

On April 11, 2017, Krantz pled guilty to the indictment and admitted that on May 4, 2016, he was in possession of a firearm and ammunition. Krantz further admitted that he was prohibited from being in possession of firearms or ammunition because of his prior felony convictions.

 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Eva Fontanez prosecuted the case.

ALBUQUERQUE – Joleen Sedillo, 42, of Albuquerque, N.M., was sentenced this morning in federal court to 27 months in prison followed by three years of supervised release for her conviction on bank robbery charges.

 

Sedillo and co-defendants Abel Lopez, 31, and William Colbert, 38, both of Albuquerque, were arrested in July 2016, on a criminal complaint charging them with bank robbery charges. The criminal complaint alleges that Sedillo, Lopez and Colbert robbed Bank of the West branches located at 5401 Central Ave. NE and 7900 Wyoming Blvd. NE on June 22, 2016 and June 27, 2016, respectively, and attempted to rob the Bank of the West branch located at 5228 Central Ave. SW on July 14, 2016.

 

Sedillo, Lopez and Colbert were indicted on Aug. 10, 2016, and charged with conspiracy to commit bank robbery in June and July 2016; bank robbery on June 22, 2016 and June 27, 2016; and attempted bank robbery on July 14, 2016. According to the indictment, the three defendants committed the crimes in Bernalillo County, N.M.

 

On March 28, 2017, Sedillo pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. In entering the guilty plea, Sedillo admitted driving Lopez and Colbert to the Bank of the West branches they planned to rob. Sedillo further admitted that on July 14, 2016, she drove her co-defendants away from a branch of Bank of the West branch that Colbert attempted to rob. She also admitted concealing the clothing Colbert wore during the attempted robbery.

 

On April 5, 2017, Colbert pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Under the terms of his plea agreement, Colbert will be sentenced within the range of 41 to 51 months in federal prison followed by a term of supervised release to be determined by the court. On April 7, 2017, Lopez pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Under the terms of his plea agreement, Lopez will be sentenced within the range of 27 to 33 months in federal prison followed by a term of supervised release to be determined by the court. Colbert and Lopez are currently scheduled for sentencing hearings on July 21, 2017

 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.

ALBUQUERQUE – Jeremy L. Lara, 37, of Albuquerque, N.M., was sentenced this afternoon in federal court to 30 months in prison followed by three years of supervised release for his conviction on federal fraud and theft or mail charges.

 

Lara was arrested in May 2016, on a criminal complaint charging him with theft of mail on May 19, 2016, in Sandoval County, N.M., after law enforcement officers found Lara in the process of stealing mail from a community mailbox. According to the complaint, officers recovered a counterfeited USPS arrow key as well as stolen mail from inside Lara’s vehicle.

 

Lara was subsequently charged in a ten-count indictment on June 14, 2016. Lara was charged with the following: three counts of bank fraud and three counts of aggravated identity theft on Nov. 11, 2015, Nov. 13, 2015, and Nov. 15, 2015; two counts of possession of a counterfeit postal key on Dec. 19, 2015 and May 19, 2016; and three counts of theft or receipt of stolen mail on Dec. 21, 2015 and May 19, 2016. The indictment alleges that the crimes took place in Bernalillo and Sandoval Counties, N.M. The indictment includes forfeiture provisions requiring Lara to forfeit $4,870.28 to the United States.

 

On Oct. 13, 2016, Lara pled guilty to all counts of the indictment. In entering the guilty plea, Lara admitted that he stole mail by using a counterfeit USPS arrow key that he created. Lara further admitted that he specifically sought out driver’s licenses, bank cards and other personal identifying information to access the bank accounts of legitimate card holders, and impersonated the account holders by using their bank cards and PIN numbers to withdraw cash from ATMs.

 

This case was investigated by the U.S. Postal Inspection Service and the Rio Rancho Police Department. Assistant U.S. Attorney Nicholas Jon Ganjei prosecuted the case.

ALBUQUERQUE – Justin Owen Poblano, 24, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an aggravated child sexual abuse charge under a plea agreement that recommends a maximum sentence of 15 years of imprisonment. Poblano will be required to register as a sex offender after completing his prison sentence. The guilty plea was announced by Acting U.S. Attorney James D. Tierney and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department.

 

Poblano 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 on June 10, 2012, on the Zuni Pueblo in McKinley County, N.M. According to court documents, proceedings in the case were delayed during the pendency of competency proceedings. Poblano remained in federal custody from the time of his arrest until the court found him competent in Oct. 2014.

 

During today’s proceedings, 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. Poblano remains in custody pending a sentencing hearing, which is scheduled for July 25, 2017, in Santa Fe, N.M.

 

This case was investigated by the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Kyle T. Nayback is prosecuting 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 – Bobby Willis, 45, a resident of Kirtland, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to wire fraud charges under a plea agreement recommending a maximum sentence of 24 months in federal prison. The plea agreement also requires Willis to pay restitution to the victims of his fraudulent conduct.

 

Willis was charged in a two-count indictment, which was filed on Oct. 20, 2015, alleging that, from March 2010 through Aug. 2011, Willis executed an illegal scheme to defraud two victims out of $1,000,000. According to the indictment, Willis offered the victims an opportunity to purchase a five-percent interest in a real estate investment company for $1,000,000 with the understanding that he and other individuals had also invested millions of dollars in the company. Willis then spent $995,000 of the victims’ $1,000,000 instead of investing the funds.

 

Count 1 of the indictment alleges that on Oct. 25, 2010, Willis caused $900,000 to be wire transferred from the bank account of the real estate investment company to his and his wife’s bank account. Count 2 alleges that on Nov. 12, 2010, Willis caused another $95,000.00 to be wire transferred from the real estate investment company’s bank account to his and his wife’s bank account.

 

During today’s proceedings, Willis pled guilty to the two-count indictment. In entering the guilty plea, Willis admitted meeting the victims in 2010 and devising a plan to cause the victims to give him $1,000,000 to invest in a real estate LLC created by Willis. Willis further admitted directing the victims to work with his associates to invest the money in a real estate company. That same real estate company transferred $995,000 into an account held by Willis and his wife on Oct. 25, 2010 and Nov. 18, 2010.

 

In his plea agreement, Willis admitted that he and his wife spent the victims’ money. Willis also admitted that he did not invest the victims’ money in any real estate, and when the victims inquired about the status of their investment, he had associates falsely assure the victims that their investment had grown in value. A sentencing hearing 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 C. Paige Messec.

ALBUQUERQUE – Nochise Martinez, 23, an enrolled member of the Navajo Nation who resides in Ramah, N.M., was sentenced today in federal court in Albuquerque, N.M., to 48 months in prison for his conviction on a voluntary manslaughter charge. Martinez will be on supervised release for three years after he completes his prison sentence.

 

Martinez was arrested on Jan. 4, 2017, on a criminal complaint charging him with killing a Navajo man on the Ramah Navajo Indian Reservation in Cibola County, N.M., on Dec. 31, 2016. According to the criminal complaint, Martinez stabbed the victim multiple times during a fight.

 

On March 27, 2017, Martinez pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Martinez admitted that on Dec. 31, 2016, he killed the victim by stabbing him in the chest with a knife during a fight between the two men.

 

This case was investigated by the Gallup office of the FBI and the Ramah Navajo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Joseph Spindle.