District of New Mexico

ALBUQUERQUE – Dannelly Labogin, 68, of Amarillo, Texas, was arraigned today in federal court in Las Cruces, N.M., on a 36-count indictment charging him with defrauding the Social Security Administration (SSA) of $82,483.00 in Social Security Child’s Insurance Benefits and theft of government property.  Labogin entered a not guilty plea to the indictment and was released on his own recognizance.

Count 1 of the indictment alleges that between June 2007 and Nov. 2013, Labogin executed a scheme to defraud the SSA by continuing to receive benefits on his daughter’s behalf even though the girl had been adopted by others and was no longer in his care.  It further alleges that as a result of this scheme, Labogin fraudulently received an aggregate of $82,483.00.  Counts 2 through 36 of the indictment allege that Labogin knowingly stole and embezzled an aggregate of $26,633.00 in Social Security Child’s Insurance Benefit payments from the SSA between Oct. 1, 2010 and Dec. 3, 2013.

Labogin was arrested in Amarillo on Dec. 4, 2015, and was transferred to the District of New Mexico on Jan. 5, 2016, to face the charges against him.

If convicted, Labogin faces a statutory maximum penalty of five years in prison on the fraud charge and ten years in federal prison on each of the theft of government property charges.  Maximum potential sentences are prescribed by Congress and the sentence imposed on a defendant is determined by the court. 

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

This case was investigated by the Social Security Administration, Office of the Inspector General, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Clayton Norvelle Scott, 39, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in Albuquerque, N.M., to 80 months in prison for his assault conviction.  He will be on supervised release for three years after completing his prison sentence.

Scott was arrested on July 10, 2015, on a criminal complaint charging him with assault resulting in serious bodily injury and assault with a dangerous weapon.  According to the complaint, on Aug. 16, 2014, Scott assaulted two Navajo men with a knife, requiring the two victims to get medical treatment that included numerous stitches.

 Scott was subsequently indicted on July 30, 2015, and charged with two counts of assault resulting in serious bodily injury and two counts of assault with a dangerous weapon.

On Oct. 8, 2015, Scott pled guilty to two counts of assault resulting in serious bodily injury.  Scott admitted that on Aug. 16, 2014, he encountered the two victims at a home in Shiprock, and during an argument he swung a knife at the faces of both victims.  Scott acknowledged that the injuries he caused to the victims required medical attention and caused the victims to suffer extreme physical pain.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.

ALBUQUERQUE – Two Las Cruces, N.M., men pleaded guilty today in federal court to narcotics trafficking charges under plea agreements with the U.S. Attorney’s Office.  Luis Cipriano, 42, pled guilty to cocaine and methamphetamine trafficking charges filed in two separate cases, and his son, Christian Cipriano, 22, pled guilty to methamphetamine trafficking charges in one of the cases.

Luis Cipriano, Christian Cipriano and Luis Manuel Enriquez-Ramirez, 36, also of Las Cruces, were charged in a two-count indictment, 15-CR-1798, on May 20, 2015, with participating in a methamphetamine trafficking conspiracy and distribution of methamphetamine. According to the indictment, the three men conspired to distribute methamphetamine on Aug. 19, 2014, in Doña Ana County, N.M.    

In a separate case, Luis Cipriano and co-defendant George Ventura, 46, also of Las Cruces, were charged in a four-count indictment, 15-CR-1799, on May 20, 2015, with participating in a cocaine trafficking conspiracy and distribution of cocaine.  According to this indictment, Ventura and Luis Cipriano conspired to distribute cocaine from Aug. 5, 2014 through Nov. 13, 2014 in Doña Ana County.  The indictment also charged Luis Cipriano with distributing cocaine on Aug. 5, 2014 and on Oct. 10-11, 2014, and Ventura and Luis Cipriano with distributing cocaine on Sept. 8, 2014.

During today’s change of plea hearing, Luis Cipriano pled guilty to charges in both of the indictments against him.  With respect to Indictment 15-CR-1798, Luis Cipriano admitted that on Aug. 19, 2014, he and co-defendant Enriquez-Ramirez negotiated to sell methamphetamine to a person who unbeknownst to Luis Cipriano was working with law enforcement.  With respect to Indictment 15-CR-1799, Luis Cipriano admitted that on numerous occasions from Aug. 5, 2014 through Nov. 13, 2014, he conspired with Ventura to distribute cocaine to an undercover agent.  Under the terms of his plea agreement, Luis Cipriano will be sentenced to 12 years in federal prison followed by a term of supervised release to be determined by the court.  Luis Cipriano remains in custody pending a sentencing hearing which has yet to be scheduled.

Christian Cipriano also pled guilty to charges in Indictment 15-CR-1798 today.  He admitted that on Aug. 19, 2014, he drove Luis Cipriano to meet with Enriquez-Ramirez to complete a pre-arranged transaction to sell cocaine to a person who unbeknownst to the three co-conspirators was working with law enforcement.  At sentencing, Christian Cipriano faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release.  Christian Cipriano remains in custody pending a sentencing hearing which has yet to be scheduled

Ventura pled guilty to charges in Indictment 15-CR-1799 on Dec. 15, 2015, and admitted participating in a cocaine distribution conspiracy and to distributing cocaine on Sept. 8, 2014.  At sentencing, Ventura faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.  Under the terms of his plea agreement, Ventura will forfeit $7,600.00, which represents the profits he derived from the drug trafficking offenses charged in the indictment.  Ventura remains in custody pending a sentencing hearing which has yet to be scheduled.

Enriquez-Ramirez has yet to be arrested and is considered a fugitive.  Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

These cases were investigated by the Las Cruces office of the DEA and are being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Michael Lippke, 71, a previously convicted sex offender from Albuquerque, N.M., pleaded guilty today in federal court to possessing child pornography.  Under the terms of his plea agreement, Lippke will be sentenced to ten years in federal prison followed by five years of supervised release.  He will be required to register as a sex offender following his term of incarceration.

Lippke was arrested on July 16, 2015, on an indictment charging him with two counts of distribution of visual depictions of minors engaged in sexually explicit conduct and seven counts of possession of visual depictions of minors engaged in sexually explicit conduct.  The indictment alleged that Lippke distributed child pornography on July 20, 2014 and July 22, 2014.  It also alleged that Lippke possessed child pornography between Aug. 21, 2010 and Dec. 10, 2014, on several computers and computer-related media.  According to the indictment, the nine offenses were committed in Bernalillo County, N.M.

During today’s change of plea hearing, Lippke pled guilty to the seven possession of child pornography charges, and admitted that he possessed child pornography from Aug. 21, 2010 through Dec. 10, 2014.  Lippke remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the Homeland Security Investigations and the Office of the New Mexico Attorney General, with assistance from the 2nd Judicial District Attorney’s Office.  All are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. 

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

The case was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement. This case was investigated by the ATF office in Albuquerque and APD. 

The case also is brought as part of the federal “worst of the worst” anti-violence initiative.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

ALBUQUERQUE – Douglas Burt, 19, a member and resident of Zuni Pueblo, pled guilty today in federal court in Albuquerque, N.M., to a second degree murder charge.  Under the terms of his plea agreement, Burt he will be sentenced within the range of 204 to 264 months in federal prison followed by a term of supervised release to be determined by the court.

Burt and his co-defendant Dusty Chavez, 23, also a member and resident of Zuni Pueblo, were arrested in Nov. 2014, on a criminal complaint charging them with murdering a man on Oct. 28, 2014, in the Zuni Indian Reservation in McKinley County, N.M.  Burt and Chavez were subsequently indicted on a murder charge on Nov. 19, 2014.

During today’s change of plea hearing, Burt pled guilty to a felony information charging him with second degree murder.  According to the plea agreement, Burt and Chavez instigated a fight with the victim during which Chavez threw the victim to the ground and started kicking and punching the victim.  Burt also kicked the victim; Chavez hit the victim in the head with a rock, and Burt stabbed the victim in the chest.  The autopsy report revealed that the victim died as a result of blunt force trauma to the head and stab wounds to the chest.

Chavez has entered a not guilty plea to the indictment.  Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

Burt has been in federal custody since his arrest.  He remains detained pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorneys Elaine Y. Ramirez and Kyle T. Nayback are prosecuting the case.

ALBUQUERQUE – Gregory Kyle Chavez, Jr., 29, a resident and member of San Felipe Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 14 months in prison for his assault conviction.  Chavez will be on supervised release for three years following his incarceration.

Chavez was arrested on July 6, 2015, on a criminal complaint charging him with assault resulting in substantial bodily injury.  According to the complaint, on June 13, 2015, in Kewa Pueblo in Sandoval County, N.M., Chavez assaulted a two-year Kewa Pueblo child.  The child victim suffered injuries to the left facial and forehead area including dark bruising and swelling to the left eye, left cheek, right jaw and bruising on the neck as a result of the assault.

On Sept. 29, 2015, Chavez pled guilty to a felony information charging him with assault resulting in substantial bodily injury, and admitted assaulting the child on June 13, 2015, causing the child serious bodily injury.

This case was investigated by the Southern Pueblos Agency of the BIA Office of Justice Services and was prosecuted by Assistant U.S. Attorney Sarah Mease.

ALBUQUERQUE – Randy P. Shutiva, 54, a member of the Acoma Pueblo who resides in San Fidel, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to eight months in federal prison followed by one year of supervised release for his assault conviction.

Shutiva was arrested on Dec. 19, 2014, on a criminal complaint charging him with assaulting his intimate partner, an Acoma Pueblo woman, by punching her in the face and head and kicking her body.  The criminal complaint alleged that Shutiva committed the assault on Dec. 6, 2014, in Acoma Pueblo within Cibola County, N.M.  The victim lost the hearing in one ear and sustained other injuries as a result of the assault.

On Aug. 25, 2015, Shutiva pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding, and admitted assaulting the victim. 

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department.  Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez prosecuted this case.

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

ALBUQUERQUE – Anthony J. Hamilton, 30, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 41 months in federal prison for his assault conviction.  Hamilton will be on supervised release for three years following his term of incarceration.

Hamilton was arrested on June 11, 2015, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country.  Court documents indicate that the investigation of this matter began on May 18, 2015, when law enforcement officers were notified that Hamilton had assaulted his girlfriend, a Navajo woman, and two Navajo men in McKinley County, N.M. 

On Sept. 29, 2015, Hamilton pled guilty to a felony information charging him with two counts of assault resulting in serious bodily injury.  In entering the guilty plea, Hamilton admitted that on May 18, 2015, he repeatedly struck two individuals on the face, head and body with his fists and elbows.  As a result of Hamilton’s criminal acts, one of the victims suffered an acute depressed fracture and a concussion and the other victim suffered an acute bilateral fracture to the bones within his orbital and sinus structures.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

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

ALBUQUERQUE – Shane Lewis Vigil, 29, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assault charges.  Under the terms of his plea agreement, Vigil will be sentenced within the range of 60 to 71 months in federal prison followed by a term of supervised release to be determined by the court.  Vigil also will be required to pay restitution to the victims of his crimes.

Vigil was arrested on July 24, 2015, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to the complaint, Vigil assaulted his girlfriend, a Jicarilla Apache woman, with an aluminum baseball bat on July 20, 2015.  According to court records, law enforcement authorities learned about the assault when a social worker reported that the victim had been admitted to a hospital after being severely beaten with a baseball bat. 

Vigil was indicted on Aug. 12, 2015, and charged with assault with a dangerous weapon, an aluminum baseball bat, and assault resulting in serious bodily injury.  The indictment alleged that Vigil committed the crime on July 20, 2015, in Indian Country in Rio Arriba County, N.M. 

During today’s proceedings, Vigil pled guilty to a three-count felony information.  With respect to Counts 1 and 2, which charged Vigil with assault with a dangerous weapon and assault resulting in serious bodily injury, Vigil admitted assaulting a female victim with a baseball bat on July 20, 2015, in Rio Arriba County, causing the victim to suffer multiple serious injuries.  With respect to Count 3, Vigil admitting assaulting a male victim on Nov. 21, 2014, in Rio Arriba County, and causing him to suffer serious bodily injury.

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

This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department.  Assistant U.S. Attorneys Raquel Ruiz-Velez and Kyle T. Nayback are prosecuting the case. 

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

ALBUQUERQUE – Anthony F. Romero, Jr., 37, of Albuquerque, N.M., was sentenced today in federal court to 15 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA).  Romero will be required to register as a sex offender following his term of incarceration.  The sentence was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.

Romero was arrested on May 26, 2015, on an indictment charging him with violating SORNA by failing to update his sex offender registration in Bernalillo County, N.M.  Court records reflect that Romero was required to register as a sex offender because he was previously convicted of a sexual abuse crime in 2008.

On Oct. 6, 2015, Romero pled guilty to a felony information and admitted that his last registration as a sex offender was on Nov. 20, 2014, and that at the time of his arrest he had not renewed nor attempted to renew his registration.

This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE – Richard Escobar, 69, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Escobar was arrested in Jan. 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Dec. 24, 2014, in Chaves County, N.M.  According to the complaint, on Dec. 24, 2014, the Chaves County Metro Narcotics Task Force executed a search warrant on Escobar’s residence, vehicle and a storage unit, and seized approximately 312.2 grams of methamphetamine, $17,620.00 in cash, drug paraphernalia, and a firearm and ammunition.  Escobar was subsequently indicted on the same charge on June 17, 2015. 

During today’s proceedings, Escobar pleaded guilty to the indictment and admitted that on Dec. 24, 2014, officers found 312 grams of methamphetamine in a closet in his bedroom.   Escobar also admitted that he intended to distribute the methamphetamine to others. 

At sentencing, Escobar faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.  Escobar was remanded into custody after entering his guilty plea.  He will remain detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Roswell office of the FBI and the Chaves County Metro Narcotics Task Force.  Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

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

ALBUQUERQUE – John Gabriel Fierro, 26, a non-Native man who resides in Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge.

Fierro was arrested in Oct. 2015, on a criminal complaint charging him with assaulting an Indian woman and causing her serious bodily injury.  He subsequently was indicted on the same charge in Nov. 2015.  According to court filings, Fierro assaulted his girlfriend, a Navajo woman, in the early hours of Sept. 4, 2015, by kicking her and hitting her in the head.  The victim suffered serious injuries which required that she be hospitalized for treatment.

During today’s change of plea hearing, Fierro plead guilty to the indictment and admitted forcibly striking his girlfriend about the face, head and body with his hands and feet.Fierro acknowledged that the victim, a Navajo woman, was hospitalized to receive treatment for the multiple injuries she sustained as a result of the assault.The victim’s injuries included multiple rib fractures, a mild left pneumothorax associated with the rib fractures and multiple fractures to her thoracic vertebrae.Fierro further admitted that he committed the assault near the Navajo Agricultural Products Incorporated (NAPI), which is within the Navajo Indian Reservation.

Under the terms of the plea agreement, Fierro will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.  He also will be required to pay restitution to the victim.  Fierro remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case. 

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

ALBUQUERQUE – Brandon Lee Walker, 21, an enrolled member of the Navajo Nation who resides in Sanders, Ariz., pleaded guilty last week in federal court in Albuquerque, N.M., to an assault charge.

Walker was arrested on July 22, 2015, on a criminal complaint charging him with assault resulting in serious bodily injury in Indian Country.  Court documents indicate that on June 7, 2015, Walker was involved in a high speed car chase that resulted in a crash that seriously injured a female passenger in Walker’s vehicle.  The victim had to be airlifted from the crash scene to University of New Mexico Hospital for injuries to her sternum and arm, and required surgery to place a plate over her sternum to stabilize her chest movement.

Walker was subsequently indicted on Aug. 11, 2015, and charged with assault resulting in serious bodily injury on June 7, 2015, in Indian Country in McKinley County, N.M.  During a change of plea hearing on Dec. 22, 2015, Walker pled guilty to the indictment without the benefit of a plea agreement.

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

This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety, the Zuni Tribal Police Department, the McKinley County Sheriff’s Office and the New Mexico State Police.  Assistant U.S. Attorney Elaine Ramirez is prosecuting the case.

ALBUQUERQUE – Last week, a federal grand jury indicted eight individuals on heroin trafficking and money laundering charges based on a DEA-led investigation into an organization that allegedly distributed heroin in Taos County, N.M., announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division. 

Five of the eight defendants were arrested on Dec. 18, 2015, and made their initial appearances in federal court in Albuquerque, N.M., this morning.  Four remain in custody pending arraignment and detention hearings scheduled for tomorrow.  The fifth was released on conditions of release and under pretrial supervision pending trial.  Of the three remaining defendants, one is in state custody on unrelated charges, another has been summoned to appear in federal court on Dec. 23, 2015, and the last has yet to be arrested and is considered a fugitive.

The eight-count indictment is the result of a 15-month investigation targeting a drug trafficking organization allegedly led by Ivan Romero, 39, of El Prado, N.M., that allegedly distributed heroin in Taos County.  The indictment alleges that Ivan Romero and six co-conspirators, including three members of Romero’s family, participated in a heroin and methamphetamine trafficking conspiracy that existed from at least June 2012 and continued until Dec. 2015.  It also alleges that Ivan Romero and three members of his family participated in a money laundering conspiracy to conceal and disguise the nature of their drug trafficking proceeds.  The indictment includes forfeiture provisions that seek to forfeit to the United States any and all property derived, either directly or indirectly, from proceeds obtained from the criminal activity charged in the indictment.

During the course of the investigation, law enforcement officers seized more than $378,000, more than 500 grams of heroin and seven kilograms of marijuana.  Additionally, during the arrest operation on Dec. 18, 2015, officers seized more than $70,000, several ounces of heroin, and three firearms and ammunition.

The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives. 

Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

 Indictment in United States v. Ivan Romero, et al., 15-CR-4512

Summary of the Charges

Count 1 of the Indictment charges seven defendants with participating in a heroin and methamphetamine trafficking conspiracy in Taos County and elsewhere in the District of New Mexico from at least June 2012 through Dec. 2015.  The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life.

Count 2 charges four defendants with participating in a money laundering conspiracy in Taos County from April 2015 through July 2015.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years.

Counts 3, 4 and 7 charge certain defendants with distributing heroin in Taos County on   July 7, 2014, April 2015 and June 2015.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years. 

Count 5 charges Ivan Romero with distributing heroin in Taos Count in April 2015.  The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years. 

Count 6 charges Ivan Romero with distributing marijuana in Taos County in April 2015.  The statutory maximum penalty for a conviction on this count is imprisonment for five years.

Count 8 charges Wilma Romero with being a felon in possession of a firearm and ammunition in Taos County on June 29, 2015.  On that day, Wilma Romero was prohibited from possessing firearms or ammunition because she previously had been convicted of a drug trafficking crime and unlawful possession of a firearm.  The statutory maximum penalty for a conviction on this count is imprisonment for ten years. 

Defendants Charged in Indictment

Ivan Romero, 39, a resident of El Prado, N.M., is charged in Counts 1, 2, 5 and 6.  Ivan Romero has been arrested.

Ricco Romero, 28, of El Prado, N.M., is charged in Counts 1 and 2.  Ricco Romero, the brother of Ivan Romero, has been arrested.

Wilma Romero, 65, of Arroyo Hondo, N.M., is charged in Counts 1, 2, 7 and 8.  Wilma Romero, the mother of Ivan and Ricco Romero, has been arrested.

Nicholas Baca, 29, of El Prado, N.M., is charged in Counts 1 and 4.  Nicholas Baca is in state custody on other charges and will be transferred to federal custody to face the charges in the indictment.

Tyler Baker, 44, of Carson, N.M., is charged in Counts 1 and 3.  Tyler Baker has been arrested.

Juanita Romero, 34, of Penasco, N.M., is charged in Count 1.  Juanita Romero has been yet to be arrested and is considered a fugitive.

Jason Duran, 41, of Albuquerque, N.M., is charged in Count 1.  Jason Duran has been arrested.

Melissa Romero, 28, of El Prado, N.M., is charged in Count 2.  Melissa Romero, is married to Ivan Romero, has been arrested.  Melissa Romero was released on conditions of release under pretrial supervision.

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

Romero Indictment

ALBUQUERQUE – Charles Hodge, 42, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of a firearm.  Hodge entered his guilty plea without the benefit of a plea agreement.

Hodge was arrested in Nov. 2015, on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on Oct. 28, 2015, in Bernalillo County, N.M.  According to the complaint, law enforcement officers conducted a traffic stop on Hodge’s vehicle because his vehicle had an expired registration tag.  During the stop, the officers learned that Hodge did not have a valid driver’s license or insurance, and advised Hodge that they would have to impound the vehicle.  In response to questions regarding whether his vehicle contained any contraband, Hodge told the officers that he had a firearm and ammunition in the vehicle.  Thereafter, the officers retrieved a loaded pistol from the center console of the vehicle.

Hodge was subsequently indicted for unlawful possession of a firearm and ammunition on Dec. 2, 2015.  Hodge was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including second degree murder, being a felon in possession of a firearm, receiving or transferring a stolen motor vehicle, auto burglary and possession of cocaine. 

During today’s proceedings, Hodge pled guilty to the indictment.  At sentencing Hodge faces a statutory maximum penalty of ten years in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

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

The case 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 prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

ALBUQUERQUE – A real estate developer working with the Indian Pueblo Federal Development Corporation (IPFDC) was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., for his conviction on embezzlement and tax charges arising out of a scheme to embezzle approximately $3,575,000.00 from the IPFDC.  The IPFDC is an Indian tribal organization formed by the 19 Pueblos of New Mexico for the purpose of developing land that once had been the site of the Albuquerque Indian School.

Thomas Keesing, 62, of Pecos, N.M., was ordered to serve 35 months in federal prison to be followed by three years of supervised release.  Keesing also was ordered to pay, jointly with his co-defendant, restitution in the amount of $3,575,000 to the IPFDC.  In addition, he also was ordered to pay $554,250, the federal taxes owed on the money he embezzled from the IPFDC and failed to report to the IRS, and to perform 360 hours of community service as special conditions of his supervised release.  Keesing also was ordered to pay a $40,000 fine.

Keesing and co-defendant Bruce Sanchez, 61, a former Governor of Santa Ana Pueblo, were indicted in Oct. 2012, and charged with a conspiracy offense and ten substantive embezzlement offenses arising out of the scheme to steal funds belonging to the IPFDC.  The 15-count indictment also charged Sanchez with three tax evasion counts alleging an aggregate federal tax loss of $655,276, and a misdemeanor count of willful failure to file a tax return.  In Aug. 2013, Keesing was charged by information with three misdemeanor counts of failure to file tax returns and those tax charges were consolidated into the case.  The information charged Keesing with failure to file federal tax returns for calendar years 2006, 2007 and 2008, even though he received gross income in the aggregate amount of $2,771,250 during those three years.

Between 2003 and 2009, Sanchez and Keesing conspired to embezzle approximately $3,575,000 from the IPFDC.  During that time, Sanchez was the president and chief executive officer of the IPFDC.  Keesing, a commercial real estate developer and the owner of New Mexico Real Estate, Inc. (NMREI), worked as a consultant for IPFDC in 2002 and 2003.  Together, Sanchez and Keesing engaged in a scheme to unlawfully profit from the development of the Albuquerque Indian School property by having Keesing submit false and fraudulently inflated invoices for payment from NMREI to the IPFDC.  Sanchez approved the invoices even though the payments were vastly in excess of the value of any services provided by Keesing and NMREI.  Keesing then shared the proceeds of the fraudulently obtained IPFDC payments with Sanchez.  Between 2003 and 2008 and as a result of this illegal scheme, Keesing and NMREI received $3,775,000 in payments from the IPFDC, including $3,575,000 that was fraudulently obtained.  During that same period, Sanchez and Tsachu, LLC, his solely-owned consulting company, received approximately $1,722,823 from Keesing and NMREI.

Keesing entered a guilty plea on Jan. 28, 2015, to aiding and abetting embezzlement from an Indian tribal organization and to a misdemeanor charge of willful failure to file an income tax return in a plea agreement that detailed his role in the embezzlement scheme that defrauded the IPFDC of $3,575,000.  According to the plea agreement, Keesing shared the illegally obtained proceeds with Sanchez with Sanchez taking $1,652,823 and Keesing retaining the balance.  Keesing acknowledged that Sanchez provided nothing of value in return for this money and used Keesing as a conduit to receive IPFDC funds to which he was not entitled.  Keesing participated in the scheme to obtain additional compensation for work he previously performed on behalf of the IPFDC and for which he felt he was not adequately compensated.  Although the proceeds Keesing obtained from the IPFDC were taxable income, he failed to file federal tax returns reporting the income.

On Jan. 28, 2015, Sanchez entered a guilty plea to embezzlement from an Indian tribal organization and tax evasion.  Sanchez’s plea agreement detailed the embezzlement scheme through which Sanchez and Keesing defrauded the IPFDC of $3,575,000.  It states that Sanchez brought Keesing onto the IPFDC development team in 2002 and Keesing performed services for the IPFDC in 2002 and 2003.  Thereafter, Sanchez and Keesing entered into a brokerage and development agreement that was never presented to the IPFDC board for approval, and used the agreement as the vehicle to perpetuate their embezzlement scheme.   Between Jan. 2005 and Nov. 2008, Keesing and NMREI submitted more than 100 invoices for professional services purportedly provided in connection with the development of the Albuquerque Indian School site.  Sanchez arranged for the IPFDC to pay the invoices, and in return, Sanchez and Tsachu, LLC, received more than 100 checks in the aggregate amount of $1,652,823 from Keesing and NMREI.  Although this illegally obtained money was taxable income, Sanchez did not report the income to the IRS.

Sanchez was sentenced on Sept. 16, 2015, to 51 months in prison to be followed by three years of supervised release.  He also was ordered to pay, jointly with his co-defendant, restitution in the amount of $3,575,000 to the IPFDC.  The court also ordered Sanchez to pay the IRS $655,276.00 the federal taxes owed on the money he embezzled from the IPFDC and failed to report to the IRS, as a special condition of his supervised release.

The case was investigated by IRS Criminal Investigation and the Department of the Interior’s OIG, and was prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.

ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict last night finding Gerald James Viarrial guilty on assault and firearms charges after a three-day trial.  The guilty verdict was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services.

Viarrial, 53, a member of Pojoaque Pueblo who resides in Santa Fe, N.M., was charged with assault, firearms and child abuse offenses in a seven-count indictment filed on Jan. 21, 2015.  The indictment charged Viarrial with assaulting a female and two minors with a firearm; assaulting one of the minors by strangulation, causing him to suffer serious bodily injury; committing child abuse; and brandishing a firearm during a crime of violence.  The indictment alleged that Viarrial committed six of the seven crimes in Indian Country in Santa Fe County on a date between July 15, 2010 and Aug. 15, 2010, and that the assault resulting in serious bodily injury occurred on March 24, 2014.  The female victim is Viarrial’s former intimate partner and the mother of his children (mother). 

Law enforcement authorities first learned about Viarrial’s criminal conduct on March 24, 2014, when they received a verbal report of child abuse from a social service provider.  The report indicated that a teenager, one of the minor male victims, had requested help to keep his mother, his siblings and himself safe from abuse from Viarrial.  Upon receipt of that report, the BIA and Pojoaque Pueblo Tribal Police Department initiated an investigation which resulted in the filing of tribal charges against Viarrial on March 31, 2014, and subsequently, the filing of federal charges against Viarrial.  The related tribal court charges against Viarrial were dismissed in favor of federal prosecution.

Trial of the case began on Dec. 14, 2015, and concluded last night around 9:00 p.m., when the jury returned a verdict finding Viarrial guilty on all four assault charges and the firearms charge.  The United States dismissed one of the child abuse charges before the case was submitted to the jury, and the jury acquitted Viarrial on the second child abuse charge.

During the trial, the mother testified that in Aug. 2010, Viarrial forced her and her seven children to accompany him to a shooting range located in Pojoaque Pueblo.  Upon their return to their home, Viarrial became enraged when he could not locate keys for one of his vehicles.  He angrily blamed the children for losing the keys, and forced the mother and the children back to the shooting range to search for the keys.  When they were unable to find the keys, Viarrial ordered the mother and children to line up and paced in front of them, firearm in hand, as he yelled at them.  The mother testified that Viarrial raised the handgun and pointed it at the two oldest children, who were then 11 and 13 years old, and threatened to kill them for being “worthless.”  The mother observed this while holding her six-month old infant and thinking that Viarrial was going to kill all of them.  At that point, Viarrial became distracted by a telephone call and eventually permitted the mother and children to return home.

The mother and two minor male victims, who also testified about the Aug. 2010 ordeal, testified that they were too scared of Viarrial to report the assault.  The eldest of the two minor male victims testified that on March 23, 2014, he reported Viarrial’s continuing abusive behavior to the director of the Pojoaque Pueblo Social Services.  The teenager told the director that he was worried about what Viarrial might do if he contacted law enforcement authorities.  The day after the teenager reported Viarrial’s abusive behavior, Viarrial assaulted him by strangling him.  Several witnesses witnessed the assault during which Viarrial told the teenager, “if you ever tell the police what I do, I will kill you.”

Viarrial testified in his own defense, and denied assaulting the mother and children in Aug. 2010.  He also denied assaulting the teenager in March 2014.

“The Justice Department has made the safety of Native American women a top priority because violence against them and their children has a devastating impact throughout tribal communities,” said U.S. Attorney Damon P. Martinez.  “We are committed to working with tribal communities to decrease the number of Native American women who fall victim to violence; to strengthen the capacity of tribal governments to respond to violent crimes; and to ensure that abusers are held accountable.”

“BIA’s Office of Justice Services is committed to providing the necessary resources to enhance the federal response to addressing violence against Native women and to assist tribes in their efforts to ensure safety for Native women and their children,” said BIA Special Agent in Charge William McClure.  “I commend the BIA agents and the officers of the Pojoaque Pueblo Tribal Police Department for the exemplary way in which they responded to the report of abuse that ultimately led to last night’s guilty verdict against Viarrial.”

At sentencing, Viarrial faces a statutory maximum penalty of ten years in prison on each of the four assault charges, and a mandatory minimum penalty of seven years on the firearms charge.  The sentence imposed on the firearms charge must be served consecutive to any sentence imposed on the assault charges.  Viarrial remains in federal custody pending sentencing which has yet to be scheduled.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department.

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

ALBUQUERQUE – Marquis Pounds, 28, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and ammunition.  Under the terms of the plea agreement, Pounds will be sentenced within the range of seven to eight years in federal prison.

Pounds was arrested in June 2015, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on June 5, 2015, in Bernalillo County, N.M.  According to the criminal complaint, law enforcement officers executed search warrants on Pounds’ residence in northeast Albuquerque and seized a revolver and ammunition.  Subsequent investigation revealed that revolver and ammunition had been reported stolen from a pawn shop in Los Lunas, N.M.  Pounds was subsequently indicted on July 14, 2015, on the same charge.

According to court documents, Pounds was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, tampering with evidence, possession of narcotics with intent to distribute, conspiracy to possess narcotics with intent to distribute, and embezzlement.

During today’s hearing, Pounds pled guilty to the indictment and admitted that on June 5, 2015, he possessed a firearm despite the fact that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.  Pounds remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Los Lunas Police Department with assistance from the 2nd Judicial District Attorney’s Office. 

Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case as part of the federal “worst of the worst” anti-violence initiative.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

ALBUQUERQUE – George Ventura, 46, of Las Cruces, N.M., pleaded guilty yesterday afternoon in federal court in to cocaine trafficking charges under a plea agreement with the U.S. Attorney’s Office.

Ventura and his co-defendant Luis Cipriano, 42, also of Las Cruces, were charged in a four-count indictment on May 20, 2015, with a conspiracy charge and three cocaine distribution charges.  According to the indictment, Ventura and Cipriano conspired to distribute cocaine from Aug. 5, 2014 through Nov. 13, 2014 in Doña Ana County, N.M.  The indictment also charged Cipriano with distributing cocaine on Aug. 5, 2014 and on Oct. 10-11, 2014, and Ventura and Cipriano with distributing cocaine on Sept. 8, 2014.

 During his change of plea hearing, Ventura pled guilty to participating in a cocaine distribution conspiracy and to distributing cocaine on Sept. 8, 2014.  In entering his guilty plea, Ventura admitted that the cocaine he distributed on Sept. 8, 2014, was subsequently distributed to a person who unbeknownst to him was an undercover agent. 

At sentencing, Ventura faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.  Under the terms of his plea agreement, Ventura will forfeit $7,600.00, which represents the profits he derived from the drug trafficking offenses charged in the indictment.  Ventura remains in custody pending a sentencing hearing which has yet to be scheduled.

Cipriano has entered a not guilty plea to the indictment, and is in custody pending trial which is currently scheduled for Jan. 2016.  Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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

ALBUQUERQUE – Gilbert G. Caldwell, 24, of Las Cruces, N.M., pleaded guilty yesterday afternoon in federal court to a cocaine trafficking charge.  Under the terms of his plea agreement, Caldwell will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

Caldwell was arrested in Feb. 2015, and charged by criminal complaint with attempting to possess cocaine with intent to distribute.  According to the complaint, Caldwell attempted to purchase 125 grams of cocaine from undercover law enforcement agents on Feb. 12, 2015, in Doña Ana County, N.M.  Caldwell was subsequently indicted on the same charge on May 28, 2015. 

During yesterday’s proceedings, Caldwell pled guilty to the indictment.  Caldwell admitted meeting with a person who unbeknownst to him was an undercover narcotics agent at the Sunland Park Casino on Feb. 12, 2015.  Caldwell gave the undercover agent $4,500.00 in exchanged for a white powdery substance that he believed was cocaine but was in fact fake cocaine.  Caldwell made the purchase with the intention of selling cocaine to others. 

Caldwell remains in federal custody pending a sentencing hearing which has yet to be scheduled.

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

ALBUQUERQUE – Roberto Marquez, 38, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 168 months in prison followed by five years of supervised release for violating federal narcotics trafficking laws.

Marquez was arrested in July 2012, on two indictments charging him with separate drug trafficking offenses.  One indictment charged Marquez with trafficking in methamphetamine and the other charged him with trafficking in marijuana.

 On Jan. 30, 2013, Marquez pled guilty to both indictments.  In pleading guilty to trafficking in methamphetamine, Marquez admitted that between May 6, 2012 and June 1, 2012, he accepted delivery of 3.99 kilograms of methamphetamine which were seized by law enforcement authorities in Las Cruces. 

With respect to the indictment charging him with trafficking in marijuana, Marquez admitted that he participated in transporting a series of loads of marijuana from Texas to other locations throughout the United States.  In his plea agreement, Marquez specifically identified his role in the following marijuana trafficking offenses:

• Between Oct. 14, 2011 and Oct. 16, 2011, Marquez arranged for 369.45 kilograms of marijuana to be transported from Horizon City, Texas to Oklahoma City, Okla.

• In Sept. 2011, Marquez arranged for 324.32 kilograms of marijuana to be delivered to Cedar Rapids, Iowa.

• On Feb. 7, 2012, Marquez conspired to take possession of 317.51 and 453.59 kilograms of marijuana that was to be delivered to Horizon City and loaded onto a semi-truck to be transported elsewhere, but the delivery of the marijuana never took place.

• Between March 4, 2012 and March 10, 2012, Marquez negotiated a drug deal involving 317.51 to 453.59 kilograms of marijuana that were to be delivered to Horizon City and thereafter transported to Oklahoma City.The drug deal was not consummated.

In aggregate, Marquez admitted possessing 693.77 kilograms of marijuana with intent to distribute.  He further acknowledged that he conspired to possess between 1124.68 and 1600.95 kilograms of marijuana with intent to distribute.

These cases were investigated by the Las Cruces office of the DEA and the U.S. Border Patrol.  Assistant U.S. Attorney Alfred Perez of the U.S. Attorney’s Las Cruces Branch Office prosecuted both cases.

ALBUQUERQUE – Edwin Rodriguez, 34, of Bell Gardens, Calif., pleaded guilty today to a heroin trafficking charge in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.

Rodriguez was arrested on a criminal complaint charging him with a heroin trafficking offense after the DEA seized 2.3 kilograms of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque on Feb. 4, 2015.  The heroin was concealed in a false compartment in Rodriguez’s baggage.  Rodriguez was indicted on Feb. 25, 2015, and charged with possession of heroin with intent to distribute.

During today’s proceedings, Rodriguez pled guilty to possession of heroin with intent to distribute and admitted that on Feb. 4, 2015, he possessed 2.3 kilograms of heroin, which he wrapped in bundles and concealed in his suitcase while traveling through Albuquerque on the Greyhound Bus.

At sentencing, Rodriguez faces a maximum penalty of 20 years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles.  Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting the case.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M., was sentenced today in federal court to 15 years in federal prison for being an armed career criminal.  Ponce will be on supervised release for three years following his term of incarceration. 

The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.

U.S. Attorney Damon P. Martinez said that Ponce was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders based primarily on their prior felony convictions for federal prosecution.  At the time of his arrest in this case, Ponce had been convicted of two counts of aggravated assaults with a deadly weapon, aggravated battery with a deadly weapon causing great bodily harm, and trafficking a controlled substance in the Second Judicial Court for the State of New Mexico in Bernalillo County.  Ponce also had a prior federal conviction on a cocaine trafficking charge.  When arrested in this case, Ponce was also on supervised release after having served a sentence of incarceration on the federal conviction.

Ponce was arrested on July 13, 2015, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on June 27, 2015, in Bernalillo County, N.M.  According to the criminal complaint, on June 27, 2015, APD officers responding to reports of a shooting in downtown Albuquerque observed a vehicle driven by Ponce as it struck another vehicle as Ponce attempted to flee from the area.  APD officers pursued Ponce into a residential neighborhood where they took him into custody.   As they were arresting Ponce, the officers observed a firearm cartridge in Ponce’s vehicle.  Before they arrested Ponce, the APD officers also observed Ponce throw an item from his vehicle, and later found a semiautomatic pistol in the area where they had observed Ponce throw the object.

Ponce was subsequently indicted on July 30, 2015, and charged with being a felon in possession of a firearm and ammunition. 

On Sept. 16, 2015, Ponce pled guilty to the indictment and admitted that on June 27, 2015, he possessed a semi-automatic pistol even though he was prohibited from possessing firearms and ammunition due to his prior felony convictions.

The statutory maximum sentence for being a felon in possession of a firearm is ten years in prison.  The sentence is enhanced to a mandatory minimum of 15 years in prison for defendants like Ponce who are deemed to be armed career criminals. 

This case was investigated by the ATF office in Albuquerque and APD with assistance from the Bernalillo County Sheriff’s Office and the 2nd Judicial District Attorney’s Office.

Assistant U.S. Attorney Paul Mysliwiec prosecuted the case as part of the federal “worst of the worst” anti-violence initiative.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

ALBUQUERQUE – Francisco Javier Paez-Sianez, 33, a Mexican national, made his initial appearance yesterday in federal court in Las Cruces, N.M., on a criminal complaint charging him with methamphetamine trafficking offenses.  Paez-Sianez remains in federal custody pending a preliminary hearing and a detention hearing which have yet to be scheduled.

Paez-Sianez was arrested on Dec. 12, 2015, after U.S. Border Patrol agents at the Border Patrol Checkpoint on I-10 in Las Cruces, allegedly found approximately 7.3 kilograms of methamphetamine concealed in the gas tank of Paez-Sianez’s vehicle during a routine inspection.  According to the criminal complaint, Paez-Sianez allegedly was paid $1,000.00 to transport the methamphetamine from Mexico to Santa Fe, N.M.

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

This case was investigated by the Las Cruces Station of the U.S. Border Patrol and the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late yesterday afternoon finding Gabriel Mirabal guilty on narcotics trafficking and firearms charges after a six-day trial.  The guilty verdict was announced by U.S. Attorney Damon P. Martinez, 1st Judicial District Attorney Angela R. “Spence” Pacheco, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, and New Mexico State Police Lt. Scott McFaul who serves as the Commander of the HITDA Region III Drug Task Force.

U.S. Attorney Damon P. Martinez said that Mirabal, a 34-year-old Albuquerque resident, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” violent and repeat offenders for federal prosecution.  “Since turning 18, Mirabal has engaged in criminal conduct resulting in state felony convictions in Bernalillo, McKinley and Santa Fe Counties for aggravated assault with a deadly weapon, cocaine and methamphetamine trafficking, aggravated battery with a deadly weapon, and assault on an officer.  This conviction – Mirabal’s one and only federal conviction – will make our communities safer by taking Mirabal off our streets for 30 years.”

“This conviction is a significant step towards making our communities safer by rooting out drug dealers and other criminal elements.  We are pleased to have worked with the U.S. Attorney's Office, the DEA and the HIDTA Region III Drug Task Force to bring this career offender to justice,” said 1st Judicial District Attorney Angela R. Pacheco.

This is a prime example of how the ‘worst of the worst’ initiative is making a difference in New Mexico.  For over 15 years, Mr. Mirabal had no regard for the law or the safety of this community, endangering the lives of New Mexicans,” said DEA Special Agent in Charge Will Glaspy.  “Now he’s looking at a good 30 years of sitting in a prison cell to think about his actions.”

Lt. Scott McFaul, Commander of the HIDTA Region III Drug Task Force, added, “This is another great example of what can happen when agencies share information, combine resources, and work together.” 

Mirabal was one of five men indicted in April 2013, on narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA investigation into an organization led by Mirabal that manufactured and distributed cocaine base, more commonly known as “crack,” in Bernalillo and Santa Fe Counties, N.M.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative 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, which utilized electronic surveillance (wiretaps), law enforcement officers seized more than 100 grams of crack, over a kilogram of cocaine, a loaded firearm and assorted ammunition, and body armor.     

The investigation resulted in the filing of a five-count indictment in April 2015, that charged Mirabal and four co-defendants, Santa Fe residents Robert Romero, 27, and Michael Jaramillo, 25, and Albuquerque residents Sam Elyicio, Jr., 39, and Dominic Anaya, 34, with conspiracy to distribute crack in Bernalillo and Santa Fe Counties between May 2012 and April 2013, and substantive crack trafficking offenses.  After his four co-defendants entered guilty pleas, Mirabal was charged in a six-count superseding indictment with participating in a crack distribution conspiracy, two counts of possession of cocaine with intent to distribute, using a firearm in furtherance of a drug trafficking crime, being a felon in possession of a firearm and ammunition, and being a felon in possession of body armor.

Mirabal’s trial on the six-count superseding indictment began on Dec. 7, 2015, and concluded late yesterday when the jury returned a verdict finding Mirabal guilty on four of the six counts.  The jury convicted Mirabal on the conspiracy charge, one count of possession of cocaine with intent to distribute, and being a felon in possession of a firearm, ammunition and body armor.  It acquitted him on one count of possession of cocaine with intent to distribute and using a firearm in furtherance of a drug trafficking crime.    

Mirabal remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Mirabal faces an enhanced penalty of not less than 20 years to life imprisonment on the narcotics trafficking charges based on his prior drug trafficking conviction.  Because of his status as a career offender, Mirabal also faces an enhanced sentence of 30 years to life imprisonment. 

The charges against Mirabal’s co-defendants have been resolved as follows:

• Jaramillo pled guilty on March 21, 2014, to a conspiracy charge, and was sentenced on July 30, 2014, to 78 months in prison followed by four years of supervised release.

• Romero pled guilty on May 13, 2014, to crack trafficking and firearms charges, and was sentenced on Aug. 13, 2014, to 120 months in prison followed by four years of supervised release.

• Elyicio pled guilty on June 23, 2014, to a conspiracy charge, and was sentenced on Sept. 22, 2014, to 125 months in prison followed by four years of supervised release.

• Anaya pled guilty on Aug. 5, 2014, to a conspiracy charge, and remains in custody pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Nicholas J. Ganjei and Joel R. Meyers.   

The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department, the Santa Fe County Sheriff’s Office and the Rio Arriba County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program.  HIDTA is a program of the White House Office of National Drug Control Policy that 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. 

Mirabal was prosecuted under the federal “worst of the worst” anti-violence.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

ALBUQUERQUE – Emanuel Yazzie, 23, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a sexual abuse of a minor charge.  Under the terms of his plea agreement, Yazzie will be sentenced to 36 months in federal prison followed by a term of supervised release to be determined by the court.  Yazzie also will be required to register as a sex offender.

Yazzie was arrested on March 5, 2015, on an indictment charging him with sexual abuse of a minor.  According to the indictment, Yazzie engaged in a sexual act with the victim who was under 16 years of age from March 28, 2014 through April 20, 2014, in Indian Country in San Juan County, N.M.

During today’s hearing, Yazzie entered a guilty plea to the indictment.  Yazzie is in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

This case is being prosecuted 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 – Thirty-four individuals are facing federal and tribal drug charges as the result of an 18-month multi-agency investigation spearheaded by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation.  Eighteen defendants, including five members of the Mescalero Apache Tribe and thirteen non-Natives are charged in six indictments and a criminal complaint filed in the U.S. District Court for the District of New Mexico in Nov. and Dec. 2015.  Sixteen other members of the Mescalero Apache Tribe are charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.

The investigation leading to the federal and tribal charges was initiated in May 2014 in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users.  The investigation initially targeted a drug trafficking organization allegedly led by Lorenzo Saenz, a member of the Mescalero Apache Tribe, which distributed methamphetamine within the Reservation.  It later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. 

In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country.  More than ten kilograms of methamphetamine were seized during the course of the investigation.

“Methamphetamine has a disproportionate devastating impact on tribal communities, accounting for up to 40% of violent crime on reservations,” said District of New Mexico U.S. Attorney Damon P. Martinez.  “This investigation is an example of the Justice Department’s commitment to working with Tribal Governments to improve the safety of Native communities and increase awareness of the dangers of methamphetamine use.”

“I want to thank the BIA’s Division of Drug Enforcement and Office of Justice Services, the DEA and the U.S. Attorney’s Office for the many, many hours they put forth during this investigation,” said President Danny Breuninger of the Mescalero Apache Tribe.  “Before and since taking Office as the President of the Mescalero Apache Tribe, I heard complaints from our Tribal Members and saw the pain and suffering caused by illegal drug use and sales on our Reservation.  Many of our young people are being poisoned by methamphetamine and lives are being shattered by senseless drug-related injuries and deaths.  As the leader of my Tribe, it is my job to do all I can to preserve the safety and welfare of our people and to preserve our culture, traditions and customs.  The great majority of our Tribal Members are great people who work hard every day to support their families and raise their children with the values and traditions that have been passed down generation after generation.  But continuing to do this is very hard when our Tribal Members’ lives are being torn apart by illegal drug use.  I call on the Federal Government, including the President, the Attorney General and Congress, to continue supporting and working with BIA and tribal police departments in these types of collaborative efforts throughout Indian Country.  Thank you again for all of the support and dedication in serving the Mescalero Apache Tribe.”

Saenz and four other members of the Mescalero Apache Tribe are charged in four federal indictments with distributing methamphetamine within the Mescalero Apache Reservation.  Saenz and a co-defendant are alleged to have participated in a methamphetamine trafficking conspiracy during which they sold methamphetamine to undercover agents on multiple occasions.  Saenz was one of two federal defendants arrested on Dec. 11, 2015, when 13 of the 16 tribal defendants were also arrested.  A third federal Mescalero Apache defendant is in state custody on unrelated charges and the remaining two have yet to be arrested.    

Thirteen non-Natives, alleged members of two drug trafficking organizations that supplied the methamphetamine distributed within the Mescalero Apache Reservation, are charged in two other federal indictments and a federal criminal complaint.  Eight of the non-Natives are charged with methamphetamine trafficking and money laundering offenses in a 24-count indictment; three are charged with methamphetamine trafficking offenses in a five-count indictment; and two are charged with methamphetamine trafficking offenses in a criminal complaint.  Eight of the non-Natives have been arrested, two are in state custody on unrelated charges, and three have yet to be arrested.

“The DEA and Bureau of Indian Affairs dismantled three drug trafficking organizations distributing methamphetamine on the Mescalero Apache Reservation and across southeastern New Mexico,” said Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division. “This is our warning to others who think they can hide their crimes on Tribal Lands:  we are coming for you.”

“The BIA would like to thank the DEA and the U.S. Attorney’s Office for an outstanding collaborative effort that shows the resolve of our law enforcement partners to address the issue of illicit drug use in Indian Country and their dedication to provide safe communities for Indian people,” said Special Agent in Charge William McClure of District IV of BIA’s Office of Justice Services.  “The many hours and resources that went in to this operation have increased the safety of tribal community members and reduced their fear of the danger posed by these individuals charged and their associates.”

“Methamphetamine continues to have a devastating effect on Native American families and communities throughout Indian Country,” said Gary Cunningham, Regional Agent in Charge of BIA’s Division of Drug Enforcement.  “The results of this multi-agency investigation are a great example of what can be accomplished when the Bureau of Indian Affairs and other federal, state and local law enforcement agencies combine efforts and resources to remove these drug trafficking organizations from our communities.  Indian Country is grateful for these partnerships and BIA will continue to work with our law enforcement partners to aggressively remove these negative elements from our communities.”

The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. 

The following additional agencies assisted the investigating agencies with law enforcement operations on Nov. 20, 2015 and Dec. 11, 2015:  U.S. Marshals Service, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Border Patrol, New Mexico State Police, HIDTA Interagency Metro Narcotics, New Mexico National Guard, Chaves County Metro Narcotics Task Force, Pecos Valley Drug Task Force, Alamogordo Police Department, Ruidoso Police Department, Socorro Police Department Sunland Park Police Department and Tularosa Police Department.

Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.

Defendants Charged in Federal Indictments

The indictment filed in United States v. Saenz, 15-CR-4105 RB, charges Alvino L. Saenz, 49, a member of the Mescalero Apache Tribe, with distribution of methamphetamine.  Saenz was arrested on Dec. 11, 2015.

The indictment filed in United States v. Lester, 15-CR-4106 RB, charges Glen Joel Lester, 38, a member of the Mescalero Apache Tribe, with distribution of methamphetamine.  Lester has yet to be arrested and is considered a fugitive.

The indictment filed in United States v. Saenz, et al., 15-CR-4110 RB, charges Lorenzo Y. Saenz, 51, and Rona Antone Morin, 44, both members of the Mescalero Apache Tribe, with conspiracy and distribution of methamphetamine.  Saenz was arrested on Dec. 11, 2015.  Morin has yet to be arrested and is considered a fugitive.

The indictment filed in United States v. Tafoya, et al., 15-CR-4112 RB, charges the following eight non-Natives with methamphetamine trafficking and money laundering offenses:

• Carlos Tafoya, Jr., 34, of Socorro, N.M., was arrested on Nov. 13, 2015.

• Robin Lee Lovelace, 55, of Alamogordo, N.M., was arrested on Nov. 13, 2015.

• Jerilyn Lee Muñoz, 27, of Artesia, N.M., was arrested on Nov. 20, 2015.

• Patricia Kay Portillo, 54, of Carrizozo, N.M., is in state custody on unrelated charges and will be transferred to federal custody to face the charges in the indictment.

• Robert Alan Rutledge, 33, of Alamogordo, N.M., was arrested on Dec. 2, 2015.

• Justin Aaron Hudkins, 33, of Alamogordo, N.M., was arrested on Nov. 20, 2015.

• Audrey J. Gomez, 30, of Hobbs, N.M., was arrested on Nov. 20, 2015.

• Tandie Sheree Bettag, 37, of Alamogordo, N.M., was arrested on Dec. 8, 2015, after she was transferred from state custody to federal custody.

The indictment filed in United States v. Herrera, et al., 15-CR-4407 RB, charges the following three non-Natives with methamphetamine trafficking offenses:

• Octavio Herrera, 53, of Ruidoso Downs, N.M., has yet to be arrested and is considered a fugitive.

• Rumaldo Varela Enriquez, 45, of Lovington, N.M., has yet to be arrested and is considered a fugitive.

• Johnny Flowers, 50, of Hobbs, N.M., has yet to be arrested and is considered a fugitive.

The criminal complaint filed in U.S. v. Boutte, et al., 15-MJ-4009, charges the following two non-Natives with methamphetamine trafficking offenses:

• Cedric James Boutte, 32, of Clovis, N.M., is in state custody on unrelated charges and will be transferred to federal custody to face the federal charges against him.

• Tanya Schree Cain, 33, of Clovis, N.M., was arrested on Nov. 20, 2015.

Members of the public with information on the whereabouts of the five federal fugitives (Rumaldo Varela Enriquez, Johnny Flowers, Octavio Herrera, Glen Joel Lester and Rona Antone Morin) are asked to contact the DEA in Las Cruces at (575) 526-0700.  Tips also can be “texted” to Tip411.

Defendants Charged in Tribal Criminal Complaints

The following members of the Mescalero Apache Tribe are charged in Mescalero Apache Tribal Court with conspiracy and possession of methamphetamine:

• Geraldine Jacqueline Baca, 45 (not arrested)

• Wynette R. Baca, 48

• Niles Caje

• Lydia Yolanda Cervantes, 57

• Teresa Cooper

• Raenette Rose Evans, 34

• Louise Glossop, 28

• Rosemary Harrington, 32

• Timothy R. Johnson, 26

• Cullen Kaydahzinne, 27

• Theresa Rae Lester, 25 (not arrested)

• Bryan P. Martinez, 32 (not arrested)

• Ventura Peralta, 35

• Sheri R. Platero, 36

• Jeanette Robinson

• Rebekah J. Victor, 32

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

Thirty-four individuals are facing federal and tribal drug charges as the result of an 18-month multi-agency investigation spearheaded by the Drug Enforcement Administration (DEA) and Bureau of Indian Affairs (BIA) into methamphetamine trafficking on the Mescalero Apache Reservation.  Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives are charged in six indictments and a criminal complaint filed in the U.S. District Court for the District of New Mexico in November and December 2015.  Sixteen other members of the Mescalero Apache Tribe are charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.

The investigation leading to the federal and tribal charges was initiated in May 2014 in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users.  The investigation initially targeted a drug trafficking organization allegedly led by Lorenzo Saenz, a member of the Mescalero Apache Tribe, which distributed methamphetamine within the Reservation.  It later expanded to include two other drug trafficking organizations in southern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the reservation. 

In August 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country.  More than ten kilograms of methamphetamine were seized during the course of the investigation.

“Methamphetamine has a disproportionate devastating impact on tribal communities, accounting for up to 40 percent of violent crime on reservations,” said U.S. Attorney Damon P. Martinez of the District of New Mexico.  “This investigation is an example of the Justice Department’s commitment to working with Tribal Governments to improve the safety of Native communities and increase awareness of the dangers of methamphetamine use.”

“I want to thank the BIA’s Division of Drug Enforcement and Office of Justice Services, the DEA and the U.S. Attorney’s Office for the many, many hours they put forth during this investigation,” said President Danny Breuninger of the Mescalero Apache Tribe.  “Before and since taking Office as the President of the Mescalero Apache Tribe, I heard complaints from our Tribal Members and saw the pain and suffering caused by illegal drug use and sales on our Reservation.  Many of our young people are being poisoned by methamphetamine and lives are being shattered by senseless drug-related injuries and deaths.  As the leader of my Tribe, it is my job to do all I can to preserve the safety and welfare of our people and to preserve our culture, traditions and customs.  The great majority of our Tribal Members are great people who work hard every day to support their families and raise their children with the values and traditions that have been passed down generation after generation.  But continuing to do this is very hard when our Tribal Members’ lives are being torn apart by illegal drug use.  I call on the federal government, including the President, the Attorney General and Congress, to continue supporting and working with BIA and tribal police departments in these types of collaborative efforts throughout Indian Country.  Thank you again for all of the support and dedication in serving the Mescalero Apache Tribe.”

Saenz and four other members of the Mescalero Apache Tribe are charged in four federal indictments with distributing methamphetamine within the Mescalero Apache Reservation.  Saenz and a co-defendant are alleged to have participated in a methamphetamine trafficking conspiracy during which they sold methamphetamine to undercover agents on multiple occasions.  Saenz was one of two federal defendants arrested on Dec. 11, when 13 of the 16 tribal defendants were also arrested.  A third federal Mescalero Apache defendant is in state custody on unrelated charges and the remaining two have yet to be arrested.   

Thirteen non-Natives, alleged members of two drug trafficking organizations that supplied the methamphetamine distributed within the Mescalero Apache Reservation, are charged in two other federal indictments and a federal criminal complaint.  Eight of the non-Natives are charged with methamphetamine trafficking and money laundering offenses in a 24-count indictment; three are charged with methamphetamine trafficking offenses in a five-count indictment; and two are charged with methamphetamine trafficking offenses in a criminal complaint.  Eight of the non-Natives have been arrested, two are in state custody on unrelated charges and three have yet to be arrested.

“The DEA and Bureau of Indian Affairs dismantled three drug trafficking organizations distributing methamphetamine on the Mescalero Apache Reservation and across southeastern New Mexico,” said Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division. “This is our warning to others who think they can hide their crimes on Tribal Lands:  we are coming for you.”

“The BIA would like to thank the DEA and the U.S. Attorney’s Office for an outstanding collaborative effort that shows the resolve of our law enforcement partners to address the issue of illicit drug use in Indian Country and their dedication to provide safe communities for Indian people,” said Special Agent in Charge William McClure of District IV of BIA’s Office of Justice Services.  “The many hours and resources that went in to this operation have increased the safety of tribal community members and reduced their fear of the danger posed by these individuals charged and their associates.”

“Methamphetamine continues to have a devastating effect on Native American families and communities throughout Indian Country,” said Regional Agent in Charge Gary Cunningham of BIA’s Division of Drug Enforcement.  “The results of this multi-agency investigation are a great example of what can be accomplished when the Bureau of Indian Affairs and other federal, state and local law enforcement agencies combine efforts and resources to remove these drug trafficking organizations from our communities.  Indian Country is grateful for these partnerships and BIA will continue to work with our law enforcement partners to aggressively remove these negative elements from our communities.”

The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. 

The following additional agencies assisted the investigating agencies with law enforcement operations on Nov. 20 and Dec. 11:  U.S. Marshals Service, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Border Patrol, New Mexico State Police, HIDTA Interagency Metro Narcotics, New Mexico National Guard, Chaves County Metro Narcotics Task Force, Pecos Valley Drug Task Force, Alamogordo Police Department, Ruidoso Police Department, Socorro Police Department Sunland Park Police Department and Tularosa Police Department.

Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.

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

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, President Danny Breuninger of the Mescalero Apache Nation, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Assistant Special Agent in Charge John R. Burge of District IV of the BIA’s Office of Justice Services will hold a press conference to discuss charges recently filed pursuant to two federal initiatives on MONDAY, DECEMBER 14, 2015 AT 11:30 A.M. at the Las Cruces office of the DEA.  No further information will be released until the press conference.

WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico

President Danny Breuninger of the Mescalero Apache Nation

Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division

Assistant Special Agent in Charge John R. Burge of District IV, BIA Office of Justice Services

Gary Cunningham, Regional Agent in Charge, BIA’s Division of Drug Enforcement

WHAT:  Announcement of Results of Significant Investigation in Mescalero Apache Nation and Southern New Mexico

WHEN: MONDAY, DECEMBER 14, 2015, 11:30 A.M.

WHERE: DEA Office

2290 E. Griggs Avenue

Las Cruces, NM 88001

OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Media may begin to arrive at 11:15 am.  Inquiries regarding logistics should be directed to Laila Rico at 915-832-6074 or 915-892-4733 or Laila.X.Rico@usdoj.gov.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD) announced today that Thomas Martinez, 26, of Albuquerque, N.M., pleaded guilty this morning to federal carjacking and firearms charges.  Under the terms of his plea agreement, Martinez will be sentenced within the range of 20 to 35 years in prison followed by a term of supervised release to be determined by the court. 

The U.S. Attorney said that Martinez was being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  “As a general matter, this initiative targets violent and repeat offenders based on their prior criminal convictions.  Periodically, we prosecute individuals who do not have any prior convictions because they are alleged to have engaged in extraordinary violent conduct that seriously jeopardized the community’s safety,” said U.S. Attorney Martinez.  “Federal prosecution of Martinez under the initiative is based on his one-day violent crime spree on July 22, 2015.”

Martinez was charged with carjacking and firearms offenses in a criminal complaint filed on July 23, 2015.  He subsequently was indicted on Aug. 11, 2015, and charged with two counts of carjacking and two counts of brandishing and discharging a firearm during a crime of violence.  According to the indictment, Martinez committed all four crimes on July 22, 2015, in Bernalillo County, N.M., as he attempted to evade APD officers who were seeking to arrest him on a warrant arising out of an unrelated state court case.

Court filings reflect that Martinez committed the first carjacking as he attempted to flee from officers who were conducting surveillance in the vicinity of a hotel in northeast Albuquerque.  Martinez ran to a sedan occupied by a driver and three children as the driver was entering a ramp onto Interstate 40.  Martinez brandished a firearm at the driver, pushed the driver into the sedan’s passenger seat, and used the sedan to continue his flight from the officers.  The children were able to get out of the vehicle before Martinez drove away with the driver.  An APD officer who was attempting to prevent the carjacking was dragged by the Chevrolet as Martinez drove away.  As Martinez continued his flight, the driver of the sedan attempted to get Martinez to stop the vehicle, and Martinez responded by discharging the firearm in an attempt to shoot the driver.  When Martinez slowed down, the driver was able to jump out of the sedan.

Martinez continued his flight in the sedan and abandoned the vehicle in a neighborhood in southeast Albuquerque.  There Martinez forced his way into another vehicle which was occupied by an older man seated in the front passenger seat.  As Martinez began to drive away, another man confronted Martinez, got into the vehicle, and began fighting with Martinez.  During the fight, Martinez attempted to discharge his gun at the man.  Shortly thereafter, the man was able to disarm Martinez, and Martinez was arrested by APD officers on state charges.

Martinez was arrested on the federal charges on Oct. 7, 2015, after he was transferred from state custody to federal custody.  The related state charges against Martinez have been dismissed in favor of federal prosecution.

During today’s proceedings, Martinez pled guilty to two counts of carjacking and one count of discharging a firearm during a crime of violence.  Martinez remains in federal custody pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the ATF office in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of the “worst of the worst” anti-violence initiative.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

ALBUQUERQUE – Derek C. Toledo, 28, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an arson charge under a plea agreement with the U.S. Attorney’s Office.

Toledo was arrested in May 2015, on a criminal complaint charging him with arson and was indicted on that same charge on June 9, 2015.  According to court filings, Toledo set fire to the residence of a Navajo woman and her three children on May 9, 2015, on the Navajo Indian Reservation in San Juan County, N.M., following an argument. 

During today’s proceedings, Toledo pled guilty to the indictment and admitted that on May 9, 2015, he maliciously set fire to the residence of his former girlfriend and her two children.  Toledo admitted using a hand lighter to ignite charcoal lighter fluid he had sprayed inside the home and onto flammable items he had thrown on the floor. 

At sentencing, Toledo faces a statutory maximum penalty of life in federal prison.  Toledo is in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case. 

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

ALBUQUERQUE – Tomas Jaramillo, 55, of Albuquerque, N.M., pleaded guilty today in federal court to submitting false and fraudulent claims to the Veterans Affairs Medical Center (VAMC) in Albuquerque.  Under the terms of his plea agreement, Jaramillo will be sentenced to five years of probation and will be ordered to pay $11,439.90 in restitution to the VAMC as the victim of his crimes.

Jaramillo was charged by information on Aug. 18, 2015, with submitting fraudulent vouchers to collect payments for roundtrip travel to attend medical appointment.  He was subsequently charged by indictment on Sept. 22, 2015, with submitting 173 fraudulent claims to the VAMC for travel beneficiary payments from June 2009 through July 2010.

During today’s change of plea hearing, Jaramillo admitted that from June 2009 through July 2010, he travelled to the VAMC in Bernalillo County, N.M., to obtain medical treatment and falsely claimed that he traveled from Socorro, N.M., to do so.  Jaramillo admitted that he submitted fraudulent vouchers to VAMC to receive payment for roundtrip travel which he did not actually make to attend his medical appointments.  Jaramillo acknowledged receiving $11,439.90 in travel reimbursements to which he was not entitled.

This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.

ALBUQUERQUE – Two women made their initial appearances this morning in federal court in Albuquerque, N.M., on a criminal complaint charging them with possession of approximately 15 pounds of heroin with intent to distribute.  Vicenta Ramona Garcia, 28, a U.S. citizen, and Guadalupe Ofelia Lopez-Vasquez, 59, a Mexican national, both of whom reside in San Luis Rio Colorado, Sonora, Mexico, remain in federal custody pending a preliminary hearing and a detention hearing which are scheduled for Dec. 14, 2015.

Garcia and Lopez-Vasquez were arrested yesterday after DEA agents allegedly seized approximately 15 pounds of heroin from them during consensual searches at the Greyhound Bus Station in Albuquerque.  According to the criminal complaint, both women allegedly had heat-sealed bundles of substances that tested positive for heroin strapped to their backs and waists.   

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

This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles.  Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Cheryl Ann Gruette, 51, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Gruette and her co-defendant Cecil Edward Sexton, 73, also of Roswell, were arrested on June 16, 2015, on a criminal complaint charging them with heroin trafficking offenses.  According to the complaint, on Jan. 2, 2015, the Chaves County Metro Narcotics Task Force executed a state search warrant on Sexton’s vehicle and residence in Roswell and seized 273.6 grams of heroin, $1,352.00 in cash, pill bottles, prescription slips in Sexton’s name, drug paraphernalia and two rifles.

Gruette and Sexton were subsequently indicted on Sept. 16, 2015, and charged with conspiracy to distribute heroin from Sept. 25, 2014 through Jan. 2, 2015, and possession of heroin with intent to distribute on Jan. 2, 2015.  The indictment alleged that the pair committed the crimes in Chaves County, N.M. 

During today’s plea hearing, Gruette pled guilty to a felony information charging her with conspiracy to possess heroin with intent to distribute.  Gruette admitted that on Jan. 2, 2015, she and Sexton traveled to Albuquerque, N.M., where they obtained 179.3 grams of heroin from their source of supply, and then returned to Roswell.   Gruette further acknowledged that, after they returned to Roswell, officers found the heroin while executing a state search warrant in addition to another 94.3 grams of heroin that were in Sexton’s residence.  Gruette and Sexton intended to distribute the heroin to others. 

Sexton pled guilty to similar charges on Nov. 13, 2015.  At sentencing, Gruette and Sexton each face a maximum of 20 years in federal prison followed by not less than three years of supervised release.  Both remain in custody pending sentencing hearings which have yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA, the Chaves County Metro Narcotics Task Force and the Roswell Police Department.  Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

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

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Victor Hurtado, 21, of Albuquerque, N.M., was sentenced today in federal court to 141 months in federal prison for his conviction on Hobbs Act, drug trafficking and firearms charges arising out of a pharmacy robbery in Jan. 2015, and a traffic stop in March 2015.  Hurtado will be on supervised release for five years after completing his prison sentence.  

The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Acting Special Agent in Charge Bryan Finnegan of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division,   Chief Gorden Eden, Jr., of the Albuquerque Police Department, Chief Pete N. Kassetas of the New Mexico State Police.

U.S. Attorney Damon P. Martinez noted that pharmacy robberies are where New Mexico’s high violent crime rates and prescription drug crisis intersect.  “Pharmacy robbers put innocent people at risk when they rob pharmacies at gunpoint to obtain opioids that they then sell on the street at astronomical prices to addicts.  Law enforcement investigations reveal that pharmacy robbers often engage in serial robberies, compounding the negative impacts of their criminal behavior.  This is why targeting these criminals for federal investigation and prosecution is a priority for the entire law enforcement community.”

“Another conviction and sentencing under the Worst of the Worst Initiative equals another big step for our community in the fight against the criminal element.  We are so pleased to have worked with the U.S. Attorney's Office to ensure this case would receive fair, swift, and just prosecution,” said 2nd Judicial District Attorney Kari E. Brandenburg.

“One way to stop violent criminals who endanger our communities is for law enforcement and prosecutors to work together,” said Acting Special Agent in Charge Bryan Finnegan.  “This case is a good example of how this kind of partnership makes a difference:  the individual sentenced today was among six Albuquerque residents indicted earlier this year for a string of drug store robberies, thanks to a multi-agency investigation.  FBI Special Agents and staff worked closely on this case with the U.S. Attorney's Office, Drug Enforcement Administration, Albuquerque Police Department and New Mexico State Police.”

Hurtado and his co-defendant, Joseph Montano, 23, also of Albuquerque, were two of six defendants charged in four indictments with robbing retail pharmacies in Albuquerque.  The indictment against Hurtado and Montano alleged that the two men (1) violated the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandished a firearm during a crime of violence; (3) violated the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violated the Safe Doses Act by theft of medical products; and (5) possessed Oxycodone with intent to distribute.  The charges against Hurtado and Montano arose from the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque.

On July 1, 2015, Hurtado pled guilty to robbing a commercial business engaged in interstate commerce; brandishing a firearm during a crime of violence, and possession of Oxycodone with intent to distribute.  In entering the guilty plea, Hurtado admitted that on Jan. 6, 2015, he entered the Smith’s Pharmacy, jumped over the counter while brandishing a firearm, and ordered the pharmacist to open the safe where controlled substances were kept.  He also admitted pointing the firearm at the pharmacy employees to gain their compliance, and stealing bottles of Oxycodone and other drugs from the pharmacy’s inventory.

Hurtado also pled guilty on July 1, 2015, to possession of methamphetamine with intent to distribute, and admitted that he was arrested on state charges on March 5, 2015, after the New Mexico State Police found 54 grams of heroin and 133 grams of methamphetamine in the vehicle Hurtado was driving.

Montano has entered a not guilty plea to the indictment.  He remains in federal custody pending trial which is currently scheduled for Jan. 29, 2016.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

“DEA and our partners are committed to thoroughly investigating, arresting and punishing anyone responsible for the diversion of opioids, whether it be individuals who are prescribed these medications and divert them for personal profit, or drug organizations who think they can violently rob pharmacies to sell these drugs in our communities,” said DEA Special Agent in Charge Will R. Glaspy.  “Opioid addiction is an epidemic and we will continue to lock up anyone trying to profit from the sale of these dangerous and highly addictive drugs.”

“We are all committed to curbing crime, especially violent crime, in our city,” said Albuquerque Police Chief Gorden Eden, Jr.  “Our partnerships and collaborative efforts continue to ensure we rid our streets of the Worst of the Worst offenders. We truly appreciate the work of our local and federal partners and know our community is safer following this sentencing and the corresponding indictments.”

“This is another great example of agencies working together to make our communities safer,” said New Mexico State Police Chief Pete Kassetas.  “We are committed to bringing these violent criminals to justice.  We will continue to dedicate our resources to track down, and apprehend individuals involved in the drug trade.  I cannot express my gratitude enough to all the agencies involved.” 

This case was investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, the Albuquerque Police Department and the New Mexico State Police, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County.  The case is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley. 

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

These cases are 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 for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Jose Luis Castillo-Marchado, 31, and Luis Lopez-Felix, 33, both Mexican nationals illegally in the United States, made their initial appearances this morning in federal court in Las Cruces, N.M., on a criminal complaint charging them with violating the federal narcotics trafficking laws.  Both men were detained pending a preliminary hearing and detention hearing which have not yet been scheduled. 

The criminal complaint charges Castillo-Marchado and Lopez-Felix with possession of marijuana with intent to distribute and alleges that they committed the offense on Dec. 8, 2015, in Hidalgo County, N.M.  According to the complaint, Castillo-Marchado and Lopez-Felix were arrested on Dec. 8, 2015, by U.S. Border Patrol agents near New Mexico Highway 338, after agents allegedly discovered approximately 2,774.45 pounds of marijuana concealed in Castillo-Marchado and Lopez-Felix’s vehicle. 

If convicted of the marijuana trafficking charge, Castillo-Marchado and Lopez-Felix each face a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the El Paso office of the DEA and the Lordsburg station of the U.S. Border Patrol.  Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Anthony Shendo, 17, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to five years of probation for his burglary conviction. 

Shendo pled guilty on July 15, 2015, to an information charging him with burglary.  In entering the guilty plea, Shendo admitted that on Feb. 16, 2014, he entered a residence on the Mescalero Apache Reservation in Otero County, N.M., without authorization and with intent to commit a theft.  In his plea agreement, Shendo voluntarily waived his right to be prosecuted as a juvenile and agreed to be prosecuted as an adult. 

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and the New Mexico State Police.  Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Orlando Harvey, 25, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 18 months in prison for sexually abusing a minor.  Harvey will be on supervised release for five years following his prison sentence.  He also will be required to register as a sex offender.

Harvey was arrested on Dec. 22, 2014, on an indictment charging him with four counts of sexual abuse of a minor.  According to the indictment, Harvey engaged in a sexual act with the victim, who was under 16 years of age, on four occasions between Aug. 2014 and Oct. 2014, on the Navajo Indian Reservation in San Juan County, N.M.

On Feb. 20, 2015, Harvey entered a guilty plea to Count 1 of the indictment, and admitted engaging in a sexual act with the 15-year-old victim in Aug. 2014.  Harvey admitted knowing that the victim was only 15 years old when he picked her up at school and drove her to his residence where they engaged in a sexual act.  He also acknowledged manipulating the victim into engaging in a sexual act with him.

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

ALBUQUERQUE – A U.S. Magistrate Judge has appointed a receiver for High Plains Livestock, LLC (HPL), a livestock auction business located in Portales, N.M.  The receiver will be responsible for conducting a review of HPL’s viability and, if viable, will take over all aspects of HPL’s operations. 

The court’s order was entered yesterday in a civil case initiated in Aug. 2015, by the United States against HLP, its owner Michael Flen, and its operators Darcie and Calvin Pareo.  In its civil complaint, the United States alleged that HLP, Flen and the Pareos were violating the Packers and Stockyards Act (PSA) which outlaws unfair and deceptive practices in the cattle livestock market.  According to the civil complaint, HPL operates a stockyard that primarily auctions cows from the dairy industry for a commission; the auctioned cows are sold to buyers who resell the cows for slaughter.  HPL allegedly violated the PSA by failing to properly maintain custodial accounts, misusing custodial accounts, failing to maintain accurate records, generating false documents, altering sales documents, and misrepresenting the true purchasers of livestock.The order appointing the receiver was entered in response to the United States’ motion for a preliminary injunction and after a four-day hearing on the motion.  According to the order, the court found “overwhelming and uncontroverted evidence of rampant violations of the PSA,” including the altering auction records, known as scale tickets, and falsifying buyer and seller invoices.  “A review of the hundreds of scale tickets admitted into evidence that appear altered, the testimony of auction clerks that they do not fix mistakes in this way, and the admission of the Pareos that they altered scale tickets makes it extraordinarily probable that fraudulent conduct has occurred,” the court found.  Prices were marked down after auction to benefit the Pareos, and they were sometimes marked up at the expense of the buyer of the cattle.  The order noted that at least once, Mr. Pareo even marked a particular cow dead to avoid paying the seller for it, only to turn around and pocket the money he got by sending the live cow to the slaughterhouse.

The order noted that the Pareos compounded their wrongdoing by lying repeatedly to law enforcement to avoid detection.  As the court found, “the Pareos demonstrate no remorse for their violations of the PSA and no intent to rectify those deficiencies.  Instead, the Pareos have shown an absolute willingness to mislead authorities.”

The court appointed a receiver to, first, audit HPL’s business and determine whether it is viable as an ongoing business.  If it is not viable, the court will determine whether a receiver will oversee HPL’s “winding up.”  If the receiver determines the business can afford to continue operations, “the receiver will be responsible for overseeing all aspects of HPL’s operations, including all financial decisions, banking, recordkeeping, and regulation compliance.”  Meanwhile, “Defendants Calvin and Darcie Pareo and Michael Flen will have no control over the business.”

This case was investigated by the Grain Inspection, Packers and Stockyards Administration of the U.S. Department of Agriculture.  Assistant U.S. Attorneys Ruth F. Keegan and Karen F. Grohman are litigating the case on behalf of the United States with assistance from Auditor Julie Chappell.

ALBUQUERQUE – Alberto Armendariz, 56, of Chaparral, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction.

Armendariz was arrested in May 2015, and charged by criminal complaint with possessing heroin with intent to distribute in Doña Ana County, N.M., on May 5, 2015.  On that day, the DEA found approximately 299.3 grams of heroin and a shotgun in a Chaparral residence where Armendariz was residing.  At the time of his arrest, Armendariz was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

On July 22, 2015, Armendariz pled guilty to a felony information charging him with possession of heroin with intent to distribute.  In entering the guilty plea, Armendariz admitted that the heroin seized by the DEA on May 5, 2015 belonged to him and that he intended to sell the drugs to others.

This case was investigated by the Las Cruces office of the DEA.  Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Randy Martinez, Jr., 20, of Albuquerque, N.M., was arraigned this morning in federal court on an indictment charging him with child pornography offenses.  During today’s proceedings, Martinez entered a not guilty plea to the indictment.  Martinez was ordered detained pending trial based on a judicial finding that he poses a danger to the community.

Martinez was charged on Nov. 17, 2015, in a five-count indictment with advertisement, receipt and possession of visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Martinez published an advertisement in which he offered to distribute and exchange child pornography from Aug. 9, 2015 through Aug. 17, 2015, and received child pornography on Aug. 9, 2015.  The indictment also alleges that Martinez possessed child pornography from Nov. 5, 2014 through Aug. 17, 2015.  Martinez allegedly committed the crimes in Bernalillo County, N.M. 

According to court filings, the investigation into this case was initiated after the National Center for Missing and Exploited Children (NCMEC) received a cryptic Cybertip on Aug. 17, 2015, in which the sender reported himself for offenses involving the online sexual exploitation of children.  After the tip was forwarded to law enforcement authorities in New Mexico, investigation by the Bernalillo County Sheriff’s Office determined the address the tip was sent from and later identified Martinez as the sender of the Cybertip.  Thereafter, law enforcement authorities executed a search warrant on Martinez’s phone and allegedly found nearly 3,000 files containing child pornography on the phone.  Further investigation allegedly revealed that Martinez also possessed two online cloud storage accounts containing over 5,000 child pornography videos and images.

The search of Martinez’s phone also allegedly revealed that he was an active participant in an online messaging application community devoted to advertising and trading child pornography.  Martinez allegedly used this messaging application to receive and share child pornography with other members of the messaging community.  The continuing investigation has led to the identification of approximately 70 unique users who allegedly engaged in trading images and videos depicting the sexual exploitation of children, both in the United States and abroad.

Martinez was arrested on Dec. 7, 2015, on the federal warrant.  Prior to his arrest, Martinez was in state custody on the related state charges that were dismissed in favor of federal prosecution.

The statutory penalty upon conviction on the advertisement of child pornography charge is a mandatory minimum of 15 years and a maximum of 30 years in federal prison.  The penalty upon conviction on the receipt charge is a mandatory minimum of five years and a maximum of 20 years in federal prison, and the penalty upon conviction on the three possession charges is a maximum of 20 years in federal prison.  Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Bernalillo County Sheriff’s Office, Albuquerque office of the FBI and the New Mexico Office of the Attorney General with assistance from the New Mexico Regional Computer Forensics Laboratory, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. 

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

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Ruben Cantu, 43, of Hobbs, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to being a felon in possession of a firearm and ammunition.  Under the terms of his plea agreement, Cantu will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court.

U.S. Attorney Damon P. Martinez said that Cantu was 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 for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Lea County, under this initiative.

Cantu was arrested on July 7, 2014, on an indictment charging him with two counts of being a felon in possession of a firearm and ammunition.  The indictment alleged that Cantu committed the crimes on March 5, 2014, in Lea County, N.M.  At the time, Cantu was prohibited from possessing firearms and ammunition because he previously had been convicted of a marijuana trafficking crime.

During today’s proceedings, Cantu pled guilty to the indictment and admitted that on March 5, 2014, he was in possession of a firearm and multiple rounds of ammunition.  He further acknowledged that he was prohibited from possessing firearms or ammunition based on his status as a convicted felon.

In entering the guilty plea, Cantu reserved the right to appeal from an order of the court denying his motion to suppress evidence, including the firearms and ammunition at issue in the case, seized pursuant to a state search warrant.  He remains in federal custody pending his 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, the Roswell office of the FBI, the Lea County Drug Task Force and the Hobbs Police Department.  Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

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

ALBUQUERQUE – Andres Munoz, 59, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 70 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.

Munoz and his co-defendant Guadalupe Romero, 38, also of Deming, were arrested in Dec. 2014, on a criminal complaint alleging conspiracy and possession of methamphetamine with intent to distribute.  The complaint alleged that the pair committed the crimes on Dec. 18, 2014, in Luna County, N.M.  According to the complaint, Homeland Security Investigations (HSI) executed a search warrant at the residence of Munoz and Romero and seized quantities of methamphetamine hidden throughout the residence.  Munoz and Romero were subsequently indicted on March 18, 2015.

On July 9, 2015, Munoz pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering his guilty plea, Munoz admitted that on Dec. 18, 2014, he and Romero possessed approximately 226 grams of methamphetamine in a residence they shared.  He also acknowledged that they intended to distribute the drugs.

Romero pled guilty on July 21, 2015, to a felony information charging her with possession of methamphetamine with intent to distribute, and admitted that on Dec. 18, 2014, she and Munoz jointly possessed approximately 226 grams of methamphetamine with intent to distribute.  Romero was sentenced on Oct. 29, 2015, to 27 months in federal prison followed by two years of supervised release.

This case was investigated by the Deming office of HSI and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – John Allen Pierceall, 54, of Denver, Colo., pleaded guilty this morning in federal court in Las Cruces, N.M., to committing three banks robberies, two in Colorado and one in New Mexico, between Aug. 2014 and Aug. 2015.

Pierceall was arrested on Aug. 24, 2015, on a criminal complaint charging him with robbing the US Bank located at 901 East University Ave. in Las Cruces, on Aug. 24, 2015.  According to the complaint, Pierceall robbed the bank by presenting a bank teller with a demand note stating that he was armed and would shoot if she did not comply with his demand for cash.

On Dec. 2, 2015, Pierceall was indicted in the District of Colorado, and charged with two counts of bank robbery.  The indictment alleged that Pierceall robbed the Vectra Bank Colorado in Denver twice, once on Aug. 14, 2014 and again on Oct. 7, 2014.

During today’s proceedings, Pierceall plead guilty to a felony information charging him with three counts of bank robbery.  In entering the guilty plea, Pierceall admitted that on Aug. 14, 2014, and Oct. 7, 2014, he robbed the Vectra Bank Colorado, and on Aug. 24, 2015, he robbed the US Bank in Las Cruces.  Pierceall further admitted that he committed all three bank robberies by handing the teller a demand note which stated that he was armed and would shoot if his demands for cash were not met.

In his plea agreement, Pierceall waived his right to have the Colorado bank robberies prosecuted in the U.S. District Court for the District of Colorado, and agreed to have a federal judge in the District of New Mexico accept his guilty plea on those crimes. 

At sentencing, Pierceall faces a statutory maximum penalty of 20 years in federal prison followed by up to three years of supervised release.  Pierceall remains in custody pending a sentencing hearing which has yet to be scheduled. 

This case was investigated by the Las Cruces office of the FBI, the Las Cruces Police Department and the Denver Police Department with assistance from the U.S. Attorney’s Office for the District of Colorado.  Assistant U.S. Attorney Marisa A. Lizarraga is prosecuting the case.

ALBUQUERQUE – Jacob J. Loredo, 29, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 87 months in prison followed by four years of supervised release for violating the federal firearms and drug trafficking laws. 

Loredo was arrested on Feb. 19, 2015, and charged in a criminal complaint with conspiracy to possess methamphetamine with intent to distribute in Eddy County, N.M. According to the criminal complaint, on that day, agents with the Pecos Valley Drug Task Force executed a search warrant on Loredo’s residence and vehicle where they seized ammunition, two firearms, $4,955.00 in cash, methamphetamine, scales and other drug paraphernalia.  According to court documents, at the time, Loredo was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of cocaine, a felony offense.

On June 2, 2015, Loredo pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm.  Loredo admitted that on Feb. 19, 2015, law enforcement officers recovered methamphetamine and two firearms from his residence in Carlsbad.  Loredo further admitted that he had previously been convicted of possession of a controlled substance in Dec. 2008, and was prohibited from possessing firearms or ammunition. 

As required by the terms of his plea agreement, Loredo was ordered to forfeit the $4,995.00 seized from this residence as well as the firearms and ammunition. 

This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and was prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office.

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The 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 – Sammie Joe Peralta, 39, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison for his methamphetamine trafficking conviction.  Peralta will be on supervised release for four years after completing his term of incarceration.

Peralta was arrested on May 8, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute in Eddy County, N.M., on Jan. 20, 2015.  On that day, the Pecos Valley Drug Task Force and the Probation and Parole Division of the New Mexico Corrections Department executed a search warrant on Peralta’s vehicle and seized approximately 280.84 grams of methamphetamine, drug paraphernalia and a loaded handgun.  Court records reflect that in Jan. 2015, Peralta had an active bench warrant for his arrest for absconding from supervision.    

On Aug. 17, 2015, Peralta pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering his guilty plea, Peralta admitted that on Jan. 20, 2015, he had an active bench warrant for his arrest for absconding from supervision.  Peralta also admitted that on that day, a probation officer discovered approximately 280.84 grams of methamphetamine, which he intended to distribute to others, and a handgun in his vehicle. 

This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force and the Probation and Parole Division of the New Mexico Corrections Department, and was prosecuted by Assistant U.S. Attorney Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The 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 –Albuquerque, N.M., resident Joshua Weitz, 39, was arraigned this morning in federal court on a six-count indictment charging him with distribution and possession of visual depictions of minors engaged in sexually explicit conduct.  During this morning’s proceedings, Weitz entered a not guilty plea to the indictment.  Weitz remains on conditions of release which include the condition that he reside at a halfway house under pretrial supervision pending trial.

The federal indictment filed on Dec. 2, 2015, charges Weitz with four counts of distribution of child pornography from Oct. 11, 2015 through Oct. 22, 2015, and two counts of possession child pornography from Dec. 14, 2014 through Nov. 4, 2015 and Feb. 4, 2013 through Nov. 4, 2015.  The indictment alleges that Weitz committed the crimes in Bernalillo County, N.M.

Weitz was arrested Nov. 11, 2015, on a criminal complaint alleging that he distributed, received and possessed child pornography between Oct. 11, 2015 and Oct. 22, 2015, in Bernalillo County.  At the time, Weitz allegedly committed these offenses while he was employed as a kindergarten teacher by the Albuquerque Pubic Schools (APS).  APS suspended Weitz’s employment following his arrest in early Nov. 2015, on related state charges.

According to the criminal complaint, the investigation into Weitz began on Oct. 11, 2015, when an agent of the New Mexico Internet Crimes Against Children (ICAC) Task Force identified a computer with a specific IP address that was being used to share child pornography files.  The criminal complaint alleges that between Oct. 11, 2015 and Oct. 22, 2015, the investigators were able to download a number of child pornography files from the computer at the IP address. 

The criminal complaint alleges that further investigation revealed that the aforementioned IP address was subscribed to Weitz.  On Nov. 4, 2015, a state court search warrant was executed at Weitz’ residence, and ICAC Task Force agents found Weitz allegedly in possession of a computer containing 40 files of child pornography.  Weitz was arrested that day on related state charges, which have since been dismissed in favor of federal prosecution.

If convicted of the federal distribution or receipt of child pornography charges, Weitz faces a mandatory minimum of five years and a maximum of 20 years in prison.  If convicted of the federal possession of child pornography, he faces a maximum of 20 years in prison. 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 New Mexico ICAC Task Force, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory with assistance from the New Mexico Office of the Attorney General.  Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Darryl J. Gutierrez, 60, of Santa Fe, N.M., was arraigned yesterday on an eleven-count indictment alleging federal tax charges, announced U.S. Attorney Damon P. Martinez and Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. 

Gutierrez was arrested on Dec. 2, 2015, on the indictment which was filed on Nov. 5, 2015.  Gutierrez made his initial appearance in federal court in Albuquerque, N.M., yesterday.  During those proceedings, Gutierrez entered a not guilty plea and was released on conditions of release and under pretrial supervision pending trial.

Count 1 of the indictment charges Gutierrez with evading his federal tax obligations during tax years 2000 through 2009 by falsely claiming tax refunds totaling $173,526.00, when he was not entitled any tax refunds but instead owed approximately $125,624.00 in income taxes.  According to the indictment, Gutierrez’s alleged tax liability increased the amount of his false claims to approximately $299,150.00, exclusive of interest and penalties.  Counts 2 through 11 of the indictment allege that Gutierrez subscribed and filed individual tax returns for calendar years 2000 through 2009 that were materially false.  Each of the charges alleges that Gutierrez’s tax returns falsely reported wages earned and other income during those calendar years.

If convicted, Gutierrez faces a statutory maximum penalty of five years in federal prison on the tax evasion charge and a statutory maximum penalty of three years in federal prison on the subscribing false tax returns charges.  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 IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.

ALBUQUERQUE – A federal grand jury has returned two indictments charging a total of 25 defendants with participating in a violent racketeering enterprise known as the Syndicato de Nuevo Mexico (SNM) Prison Gang.  The racketeering indictments, which were filed on Dec. 1, 2015, and were unsealed yesterday, allege that the defendants conspired to violate federal racketeering laws by conspiring to commit violent crimes, including murder, attempted murder and assault, in aid of their racketeering enterprise.  The indictments are the result of a multi-agency investigation led by the Albuquerque Division of the FBI that culminated yesterday with a law enforcement operation during which all but two of the defendants charged were arrested.

The racketeering indictments and the results of yesterday’s law enforcement operation were announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Acting Special Agent in Charge Bryan Finnegan of the FBI’s Albuquerque Division, Director Jerry Roark of the Adult Prison Division of the New Mexico Corrections Department, U.S. Marshal Conrad E. Candelaria, New Mexico State Police Chief Pete N. Kassetas, Bernalillo County Sheriff Manuel Gonzales, III, and Albuquerque Police Chief Gorden Eden, Jr.

In announcing the indictments, U.S. Attorney Damon P. Martinez said “The results of this investigation demonstrate the resolve of the law enforcement community in New Mexico to work together to make our communities safer and better places to live, work and raise families.”  The U.S. Attorney noted that the two cases are 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 for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates are amongst the highest in the nation, New Mexico’s law enforcement community has been collaborating to target repeat offenders from counties with the highest violent crime rates under this initiative.

“Our office has worked in close conjunction with the U.S. Attorney’s Office with tremendous success, and this matter is an excellent example of that relationship,” said 2nd Judicial District Attorney Kari E. Brandenburg. “Our community is best served by this type of collaboration amongst law enforcement agencies, and we are pleased to be a part of that process. Federal prosecution of those involved will ensure they are held accountable at the strongest and most stringent level, and put our community another step ahead of the criminal element trying to underscore public safety on our streets and in our neighborhoods.” 

 “Nothing is more important to the FBI than protecting the American people.  That's why we teamed up with our partners and set our sights on a large, violent prison gang that for more than 30 years used murder, kidnapping and assault to intimidate their fellow inmates as well as our communities,” said Acting Special Agent in Charge Bryan Finnegan.  “The FBI will continue to strengthen our partnerships, share intelligence, and look for ways to pool our resources to get violent criminals off our streets – and keep them from operating in our prisons when we put them there.  I want to thank not only the Albuquerque FBI Special Agents and support staff who worked on this investigation, but also the U.S. Attorney's Office, the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI Divisions, U.S. Marshal's Service, New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff's Department and Metropolitan Detention Center, and the Albuquerque Police Department.”

“Today is a realization towards true public safety and the New Mexico Corrections Department is proud to contribute,” said Jerry Roark, Director of the Adult Prison Division of the New Mexico Corrections Department. “These arrests help us in our mission is to provide safer prisons for those in our care.”

The two racketeering indictments allege that the 25 defendants charged were members and associates of the SNM Prison Gang, a state-wide gang operating in New Mexico prisons and in communities throughout the state.  According to the racketeering indictments, the SNM Prison Gang was formed in the early 1980s at the Penitentiary of New Mexico after the prison riot in Feb. 1980, and expanded throughout the New Mexico penal system.  Gang members and associates allegedly are expected to remain loyal to the Gang and work to further its objectives after they have completed their prison sentences and those who do not are allegedly subject to violent forms of discipline.  The racketeering indictments allege that significant goals of the SNM Prison Gang include controlling and profiting from drug trafficking both within and outside the penal system; intimidating and influencing other gangs for the purpose of expanding the network for its illegal activities; and engaging in violence to assert its gang identity and protect its territory.

The first of the racketeering indictments charges 24 alleged SNM Prison Gang members and associates with committing four murders, conspiring to commit three murders and conspiring to commit a violent assault for the purpose of gaining entrance to and maintaining and increasing their positons within the SNM Prison Gang, an enterprise engaged in racketeering activity.  The indictment includes Notices of Special Findings against the 12 defendants alleged to have committed murder in aid of the Gang’s racketeering affairs.  The decision whether or not to seek the death penalty will be made by the Attorney General of the United States based on the recommendations of the U.S. Attorney and after carefully considering each defendant’s background and the circumstances of his crimes.

The second racketeering indictment charges four alleged SNM Prison Gang members and associates, including three charged in the first racketeering indictment, with conspiring to commit two murders and committing two violent assaults for the purpose of gaining entrance to and maintaining and increasing their positons within the SNM Prison Gang.

Twenty-three defendants, including 13 who were in state custody, were arrested during yesterday’s law enforcement operation; one of the defendants was arrested in Tennessee.  Two defendants have yet to be apprehended and are considered fugitives.  The defendants arrested in New Mexico made their initial appearances in federal court earlier today.  All remain in federal custody pending arraignment and detention hearings which will be scheduled for next week.

More than 500 federal, state, county and local law enforcement and corrections officers were involved in yesterday’s law enforcement operation.  In addition to the arrests, the law enforcement operation included the execution of 12 federal search warrants in New Mexico and one in Tennessee; a lockdown of three prison facilities in the state for the purpose of conducting cell searches; and more than 50 probation and parole searches throughout the state.  The following agencies were involved in the law enforcement operation:  Albuquerque Division of the FBI, New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correctional Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI Divisions.

“Deputy U.S. Marshals and Special Deputized Marshals enhance the safety of our citizens and communities by regularly contributing their expertise in apprehending violent offenders to operations like the one the U.S. Marshals Service participated in yesterday,” said U.S. Marshal Conrad E. Candelaria.  “The U.S. Marshals Service will continue to support the prosecution of these racketeering cases as they proceed through the criminal justice system in front of a federal judge.”

“The citizens of New Mexico are safer today because of the collaborative effort between law enforcement agencies.  When law enforcement agencies combine resources and assets, we are able to prevent violent crimes,” said New Mexico State Police Chief, Pete Kassetas.  “These cases are great examples of how local, county, state and federal agencies are working with State District Attorneys and the U.S. Attorney to prevent violent crimes.  This operation reinforces that there are consequences to those that choose to conspire to commit violent crimes in our state.”

“The collaboration between law enforcement and corrections has proven to be highly effective in proactively preventing crime and making our community a safer place to live, work, and visit,” said Bernalillo County Sheriff Manuel Gonzales, III.  “This operation has created the opportunity to partner with our state and federal partners to remove and prosecute those who continually participate in criminal activity and sends a clear message that we have a strategy to keep our community safer by holding criminals accountable.”

“This is a monumental accomplishment for our agencies. These arrests will help rid our streets of systematic, organized crime and violent, illegal activities perpetuated by accused repeat offenders,” said Chief Gorden Eden, Jr., of the Albuquerque Police Department.  “We are extremely thankful for the collaborative efforts of our law enforcement partners which ensure cases like this have a powerful impact – one that will positively affect our community for years to come.”

INDICTMENT IN UNITED STATES v. DELEON et al., 15-CR-4268 KG

Summary of the Charges

Indictment 15-CR-4268 KG charges 24 defendants with participating in a racketeering enterprise, the SNM Prison Gang, and committing violent acts to achieve the objectives of their enterprise. 

Counts 1, 2, 3 and 5 charge certain defendants with committing four murders in Doña Ana County, N.M.   Counts 1 and 2 charge the murders of persons identified as F.C. and R.G. on March 26, 2001.  Count 3 charges the murder of a person identified as F.S. on June 17, 2007, and Count 5 charges the murder of a person identified as J.M. on March 7, 2014.  If convicted, the defendants each face a statutory penalty of life imprisonment and are eligible for the death penalty.

Counts 4, 7 and 8 charge certain defendants with conspiring to murder three persons in Doña Ana County, N.M.  Count 4 charges a conspiracy to murder a person identified as J.M. on March 7, 2014, and Counts 7 and 8 charge conspiracies to murder persons identified as D.S and G.M. from 2013 until Dec. 1, 2015.  If convicted, the defendants each face a statutory maximum penalty of ten years in prison.

Count 6 charges certain defendants with conspiring to commit assault resulting in serious bodily injury to a person identified as J.R. in Dona Ana County, N.M., from 2003 until July 13, 2015.  If convicted, the defendants each face a statutory maximum penalty of 20 years in prison.

Defendants Charged in Indictment

• Angel DeLeon, 38, a Mexican national, is charged in Count 1.DeLeon has yet to be arrested and is considered a fugitive.

• Joe Gallegos, 46, of Albuquerque, N.M., is charged in Count 1.

• Edward Troup, 41, of Albuquerque, N.M., is charged in Counts 1 and 3.

• Leonard Lujan, 49, of Albuquerque, N.M., who was in state custody, is charged in Counts 1 and 2.

• Billy Garcia, 61, of Albuquerque, N.M., who was in state custody, is charged in Counts 1 and 2.

• Eugene Martinez, 36, of Albuquerque, N.M., is charged in Count 2.

• Allen Patterson, 45, of Silver City, N.M., is charged in Count 2.

• Christopher Chavez, 39, of Albuquerque, N.M., is charged in Count 2.

• Javier Alonso, 36, of Roswell, N.M., who was in state custody, is charged in Count 3.

• Arturo Arnulfo Garcia, 48, of Denver, Colo., is charged in Count 3.Garcia has yet to be arrested and is considered a fugitive.

• Benjamin Clark, 37, of Las Cruces, N.M., who was in state custody, is charged in Count 3.

• Ruben Hernandez, 42, of Clovis, N.M., is charged in Count 3.

• Jerry Armenta, 35, of Merced, Calif., who was in state custody, is charged in Counts 4 and 5.

• Jerry Montoya, 35, of Albuquerque, N.M., who was in state custody, is charged in Counts 4 and 5.

• Mario Rodriguez, 31, of Silver City, N.M., who was in state custody, is charged in Counts 4 and 5.Rodriguez also is charged in Indictment 15-CR-4269 KG.

• Timothy Martinez, 32, of Santa Fe, N.M., who was in state custody, is charged in Counts 4 and 5.

• Mauricio Varela, 45, of Albuquerque, N.M., who was in state custody, is charged in Counts 4 and 5. Varela also is charged in Indictment 15-CR-4269 KG.

• Daniel Sanchez, 43, of Albuquerque, N.M., who was in state custody, is charged in Counts 4 and 5.

• Gerald Archuleta, 49, of McMinnville, Tenn., is charged in Count 6.Archuleta was arrested in Tennessee and will be transferred to the District of New Mexico to face the charges against him.

• Conrad Villegas, 31, of Deming, N.M., who was in state custody, is charged in Count 6.

• Anthony Ray Baca, 52, of Albuquerque, N.M., who was in state custody, is charged in Counts 4, 6, 7 and 8.

• Robert Martinez, 51, of Santa Fe, N.M., who was in state custody, is charged in Counts 7 and 8.Martinez also is charged in Indictment 15-CR-4269 KG.

• Roy Paul Martinez 43 of Albuquerque, N.M., who was in state custody, is charged in Counts 7 and 8.Martinez,

• Christopher Garcia, 40, of Albuquerque, N.M., is charged in Count 8.

This case was investigated by the Albuquerque Division of the FBI, New Mexico Corrections Department, New Mexico State Police and the New Mexico Office of the Medical Investigator, and is being prosecuted by Assistant U.S. Attorneys in the U.S. Attorney’s Las Cruces Branch Office.

INDICTMENT IN UNITED STATES v. VARELA, et al., 15-CR-4269 KG

Summary of the Charges

Indictment 15-CR-4269 KG charges four defendants with participating in a racketeering enterprise, SNM, and committing violent acts to achieve the objectives of their enterprise. 

Counts 1 and 3 charge the four defendants with conspiring to murder two persons in Santa Fe County, N.M.  Count 1 charges a conspiracy to murder a person identified as P.S. in March 2011, and Count 3 charges a conspiracy to murder a person identified as A.S. in June 2011.  If convicted, the defendants each face a statutory maximum penalty of ten years in prison.

Counts 2 and 4 charge the four defendants with committing violent assaults in aid of racketeering in Santa Fe County, N.M.  Count 2 charges an assault with a dangerous weapon on a person identified as P.S. on March 14, 2011, and Count 4 charges an assault resulting in serious bodily injury on a person identified as A.S. on June 24, 2011.  If convicted, the defendants each face a statutory maximum penalty of 20 years in prison.

 Defendants Charged in Indictment

• Mauricio Varela, 45, of Albuquerque, N.M., who was in state custody, also is charged in Indictment 15-CR-4268 KG.

• David Calbert, 39, of Clovis, N.M., was in state custody.

• Robert Martinez, 51, of Santa Fe, N.M., who was in state custody, also is charged in Indictment 15-CR-4268 KG.

• Mario Rodriguez, 31, of Silver City, N.M., who was in state custody, also is charged in Indictment 15-CR-4269 KG.

This case was investigated by the Albuquerque Division of the FBI, New Mexico Corrections Department and New Mexico State Police, and it is being prosecuted by Assistant U.S. Attorneys in the U.S. Attorney’s Las Cruces Branch Office.

The public is reminded that charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

Photographs of the two fugitives, Angel DeLeon and Arturo Arnulfo Garcia, are attached to this press release.  Anyone with information on the whereabouts of this/these fugitive(s) is asked to contact the Albuquerque FBI (24 hours) at (505) 889-1300. Tips also can be submitted online at https://tips.fbi.gov.

SNM- DeLeon Indictment    SNM- Varela Indictment

  

ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that the District of New Mexico collected $12,080,100.80 in criminal and civil actions in Fiscal Year 2015.  Of this amount, $2,489,785.93 was collected in criminal actions and $9,590,314.87 was collected in civil actions. 

Additionally, the Office worked with other components of the Justice Department to collect an additional $78,200,000.00 in civil cases pursued jointly.  The Office, working with partner agencies and divisions, also collected $2,039,813.00 in asset forfeiture actions.

Attorney General Loretta E. Lynch announced that the Justice Department collected $23.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2015.  The more than $23.1 billion in collections in Fiscal Year 2015 represents more than seven and a half times the approximately $2.93 billion of the Justice Department’s combined appropriations for the 94 U.S. Attorneys’ Offices and the main litigating divisions in that same period.

“The Department of Justice is committed to upholding the rule of law, safeguarding taxpayer resources, and protecting the American people from exploitation and abuse,” said Attorney General Loretta Lynch.  “The collections we are announcing today demonstrate not only the strength of that commitment, but also the significant return on public investment that our actions deliver.  I want to thank the prosecutors and trial attorneys who made this achievement possible, and to reiterate our dedication to this ongoing work.”

“The U.S. Attorney’s Office is dedicated to protecting the public by recovering funds wrongfully taken from the taxpayers and obtaining restitution for victims of federal crimes,” said U.S. Attorney Damon P. Martinez.  “By holding accountable those who defraud the taxpayers and criminals who seek to profit from their illegal activities, we seek not only to ensure that justice is served but also deliver a valuable return to the people of New Mexico.”

U.S. Attorney Martinez commended Assistant U.S. Attorneys Howard R. Thomas, Ruth F. Keegan, Stephen R. Kotz and Brock Taylor and staff members Julie Chappell, Lois Agnes, Feather Astor, Lois Golden, Melinda Quick and Roxanne Castillo for their combined efforts in recovering funds on behalf of the United States.  He also commended U.S. Marshal Conrad E. Candelaria and the U.S. Marshals Service for facilitating the collection of funds from the criminal and civil forfeiture actions.

The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government moneys lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.  Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.