District of New Mexico

ALBUQUERQUE – Adele Antonio, 35, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to a year and a day in federal prison followed by one year of supervised release for assaulting a tribal police officer.

Antonio was arrested Feb. 23, 2015, on a criminal complaint charging her with assaulting an officer of the Acoma Tribal Police Department resulting in serious bodily injury on Feb. 12, 2015.  The assault occurred on Acoma Pueblo in Cibola County, N.M., after the tribal officer responded to a call from Antonio’s residence.  The tribal police officer received serious injury to his neck as a result of extreme physical pain inflicted by being kicked by the Antonio. As a precautionary measure the tribal police officer was airlifted to the hospital in Albuquerque, N.M.  Antonio was subsequently indicted on the same charge on March 10, 2015.

On May 8, 2015, Antonio pled guilty to a felony information charging her with aggravated battery on a peace officer.  Antonio admitted that after the Acoma Tribal Police officer placed her under arrest, she kicked the tribal police officer in the neck while he was attempting to place Antonio’s partner under arrest, and that the assault occurred in Indian Country in Acoma Pueblo.

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

ALBUQUERQUE – Leon J. Tafoya, 20, a member and resident of Santa Clara Pueblo, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 84 months in prison followed by five years of supervised release for his assault conviction.

Tafoya was arrested on Sept. 16, 2014, on a criminal complaint charging him with assault with a dangerous weapon, assault resulting in serious bodily injury, and aggravated assault.  According to the complaint, Tafoya committed the crimes in Santa Clara Pueblo in Rio Arriba County, N.M.  The complaint alleged that on Sept. 7, 2014, officers of the Santa Clara Pueblo Tribal Police Department responded to a call reporting an assault.  They arrested Tafoya for stabbing another member of the Santa Clara Pueblo three times and assaulting a tribal police officer who responded to the stabbing.  The complaint asserted that Tafoya attempted to gain control of the officer’s service weapon while the officer was placing Tafoya under arrest.

On May 7, 2015, Tafoya entered a guilty plea to a felony information charging him with possession of a firearm during a crime of violence, aggravated assault with a deadly weapon and assault resulting in serious bodily injury.  In entering the guilty plea, Tafoya admitted that on Sept. 7, 2014, he possessed a firearm and assaulted a victim by displaying that firearm in a threatening manner.  Tafoya also admitted to assaulting another victim resulting in serious bodily injury to that victim.

This case was investigated by the Santa Fe office of the FBI, the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department.  The case was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Ida Rodriguez, 46, of Hobbs, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking laws.  Under the terms of her plea agreement, Rodriguez will be sentenced to 60 months in prison followed by a term of supervised release to be determined by the court.

Rodriguez was arrested on June 10, 2015, on a criminal complaint charging her with possession with intent to distribute methamphetamine in Lea and Doña Ana Counties, N.M.  According to the complaint, Rodriguez sold methamphetamine to an undercover DEA agent in July 2014 and Aug. 2014.  It also alleged that on Aug. 16, 2015, deputies of the Lea County Sherriff’s Office (LCSO) executed a traffic stop on Rodriguez and found her to be in possession of 168 grams of methamphetamine.

During today’s proceedings, Rodriguez pled guilty to a three-count felony information charging her with distribution of methamphetamine and possession of methamphetamine with intent to distribute.  In entering the guilty plea, Rodriguez admitted that (1) on July 29, 2014, she sold 28 grams of methamphetamine to an undercover agent in Hobbs, (2) on Aug. 4, 2014, she sold 56 grams of methamphetamine to an undercover agent in Las Cruces, N.M., and (3) on Aug. 16, 2014, she was stopped by LCSO deputies for a traffic violation during which the deputies found 168 grams of methamphetamine in her vehicle.  Rodriguez further admitted that she had obtained the methamphetamine in Phoenix, Ariz., and planned to sell it in Hobbs.

Rodriguez has been in federal custody since her arrest on June 10, 2015, and remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force with assistance from the 5th Judicial District Attorney’s Office for the State of New Mexico.  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 – Amir Meir Levi, 38, of Canoga Park, Calif., was sentenced this morning to 21 months in prison followed by three years of supervised release for his role in a scheme to fraudulently obtain high-value cellular phones from retail stores in California, Arizona and New Mexico and to resell the cellular phones for profit.

Levi and his three co-defendants, Joshua Ferdman, 35, Jeffrey Contella, 30, and Joseph Cohen, 28, all of Los Angeles, Calif., were indicted in Feb. 2012, and charged with conspiracy to transport stolen property and commit access device fraud, and access device fraud.  Contella, Cohen and Levi each entered guilty pleas to the indictment without the benefit of plea agreements in Jan. 2013.  Ferdman entered a similar guilty plea in Feb. 2013.

In entering their guilty pleas, the defendants admitted that, in May 2011, they engaged in a scheme to fraudulently obtain high-value cellphones, including smartphones, from Sprint stores, and resell the cellphones in a Van Nuys, Calif., store owned by Cohen and through an on-line store hosted by EBay.  The defendants traveled to Sprint stores throughout California, Arizona and New Mexico and fraudulently obtained significant quantities of cellphones by impersonating Sprint customers and the unauthorized use of the customers’ account numbers.  They obtained the phones free of cost by instructing store clerks to bill the cost of the phones to the accounts of the unwitting Sprint customers.

According to court filings, from May 10, 2011 through May 16, 2011, Ferdman and Levi traveled to Sprint stores in California, including stores in Fullerton, Los Angeles, Hollywood, San Francisco, Sacramento and Folsom, to perpetuate their fraudulent scheme.  From May 21, 2011 to May 24, 2011, Ferdman and Contella traveled to Sprint stores in Arizona and New Mexico for that same purpose.  During this period, Levi wired cash to Ferdman and Contella; Ferdman sent cellphones to Levi via Federal Express; Levi delivered the cellphones to Cohen; and Cohen sold the cellphones.  On May 25, 2011, Ferdman, Contella and Levi fraudulently obtained 13 smartphones from a Sprint store in Albuquerque through the unauthorized use of a Sprint customer’s account number.  That same day, Ferdman, Contella and Levi attempted to purchase an additional six smartphones from a Sprint store in Albuquerque.

Contella was sentenced on Sept. 13, 2014, to two years of probation and was ordered to pay $21,777.00 in restitution in restitution to the victims of his criminal activity.  Ferdman was sentenced on Nov. 8, 2013, to 15 months in federal prison followed by three years of supervised release.  Cohen was sentenced on May 6, 2014, to three months in prison followed by three years of supervised release, and was ordered to pay a $17,090.13 fine.  Ferdman and Cohen also were ordered to pay, jointly with their co-defendants, $45,715.59 in restitution to the victims of the criminal scheme.

The case was investigated by the U.S. Secret Service and the Albuquerque Police Department’s Organized Crime Unit, and was prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Stephen R. Kotz.

ALBUQUERQUE – Joe Anthony Reza, 33, of Artesia, N.M., pled guilty this morning in federal court in Las Cruces, N.M., to violating federal firearms and drug trafficking laws.  Under the terms of his plea agreement, Reza will be sentenced to 120 months in prison followed by a term of supervised release to be determined by the court.

Reza was arrested on June 6, 2015, on a criminal complaint charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime on Feb. 24, 2015, in Eddy County, N.M.  According to the complaint, agents with the Pecos Valley Drug Task Force executed a search warrant at Reza’s residence on Feb. 24, 2015, and seized approximately 117.93 grams of methamphetamine, three firearms, a marijuana plant and digital scales.  At the time, Reza was arrested on state charges which were later dismissed in favor of federal prosecution.

During today’s proceedings, Reza pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime.  In entering his guilty plea, Reza admitted that on Feb. 24, 2015, law enforcement officers seized 117 grams of methamphetamine and a handgun from his residence.  Reza further admitted that he possessed the handgun for protection of his drug trafficking activities.

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

This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force with assistance from the 5th Judicial District Attorney’s Office.  The case is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

The 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 – Pablo Salgado-Cervantes, 25, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act and the federal firearms laws by brandishing a firearm during an armed robbery of a McDonald’s restaurant on Sept. 3, 2014.

Salgado-Cervantes was charged on Sept. 4, 2014, in a criminal complaint with robbing the McDonald’s restaurant located at 5900 Menaul NE in Albuquerque at gunpoint on three separate occasions:  July 1, 2014, July 9, 2014 and Sept. 3, 2014.  The criminal complaint also charged him with robbing the McDonald’s restaurant located at 8315 Montgomery Blvd. NE in Albuquerque at gunpoint on July 9, 2014.

On Jan. 21, 2015, Salgado-Cervantes was charged in a five-count indictment with four counts of violating the Hobbs Act by robbing a business involved in interstate commerce and one count of brandishing firearms during crimes of violence.

Salgado-Cervantes was arrested on the federal charges on Feb. 9, 2015, after he was transferred into federal custody from state custody where he was facing related state charges.  The state charges were subsequently dismissed in favor of federal prosecution.

During today’s proceedings, Salgado-Cervantes pled guilty to Counts 4 and 5 of the indictment.  In entering his guilty plea, Salgado-Cervantes admitted that on Sept. 3, 2014, he robbed the McDonald’s restaurant located at 5900 Menaul NE.  He also admitted brandishing a firearm to coerce an employee to give him money from the safe.  Salgado-Cervantes further admitted hitting the employee with the butt of his firearm before fleeing from the restaurant with the cash he stole.

At sentencing, Salgado-Cervantes faces a maximum penalty of 20 years in prison for the Hobbs Act violation.  He faces a mandatory minimum of seven years in prison on the firearms charge which must be served consecutive to any sentence imposed on the Hobbs Act charge.  Salgado-Cervantes remains in custody pending sentencing 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 with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.

ALBUQUERQUE – Raiff Hayes, 24, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with violating the Hobbs Act and federal firearms laws by robbing a commercial business at gunpoint.  Hayes remains in federal custody pending a detention hearing scheduled for tomorrow morning.

The criminal complaint, which was filed on Aug. 5, 2015, alleges that Hayes robbed ABQ Interlock, a business located at 2444 Menaul Blvd. NE in Albuquerque on the afternoon of July 27, 2015.  According to surveillance video from ABQ Interlock, Hayes allegedly pointed a firearm at two employees, fired a shot into the ceiling, placed a bag on the counter, and demanded that the employees place cash into his bag.  On July 28, 2015, one of the employees allegedly identified Hayes as the robber from a photo array.  

Hayes was arrested on the federal charges on Aug. 18, 2015, after he was transferred to federal custody from state custody where he was being held on related state charges.

If convicted on the Hobbs Act charge, Hayes faces a statutory maximum penalty of 20 years in federal prison.  If convicted of discharging a firearm during a crime of violence, Hayes faces a statutory mandatory minimum of ten years that must be served consecutive to any sentence imposed on the Hobbs Act charge.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the ATF office in Albuquerque and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Norman Cairns is prosecuting the case.

ALBUQUERQUE – Trevor Bianchini, 24, of Rio Rancho, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws.  The guilty plea was entered without the benefit of a plea agreement.

Bianchini was arrested in March 2015, on a two-count indictment charging him with (1) being a felon in possession of firearms and ammunition, and (2) possession of body armor by a person who had been convicted of a felony violent crime offense.  According to the indictment, Bianchini committed the offenses on May 24, 2014, in Bernalillo County, N.M.  At the time, Bianchini was prohibited from possessing firearms, ammunition, or body armor because he previously had been convicted of burglary of a vehicle, conspiracy to commit burglary of a vehicle, and two counts of residential burglary.

During today’s proceedings, Bianchini pled guilty to both counts of the indictment.  At sentencing, he faces a statutory maximum of ten years in prison for being a felon in possession of firearms and ammunition, and a maximum of three years in prison for being a felon in possession of body armor.  Bianchini remains detained 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 Jacob Wishard is prosecuting the case.

ALBUQUERQUE – Jovan Martinez, 29, of Albuquerque, N.M., was sentenced today in federal court to 144 months in prison followed by three years of supervised release for his methamphetamine trafficking and firearms conviction.  The sentence was announced by U.S. Attorney Damon P. Martinez.

Martinez, who has four prior convictions for residential burglary, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  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.

Martinez was charged in a criminal complaint filed on June 17, 2014, with being a felon in possession of a firearm and ammunition.  According to the complaint, Martinez was arrested on June 16, 2015, by the Albuquerque Police Department (APD) for stealing a bait vehicle.  At the time of his arrest, Martinez was in possession of a revolver and ammunition.

Martinez was indicted on July 10, 2014, and charged with being a felon in possession of a firearm and ammunition on June 16, 2014, in Bernalillo County, N.M.  Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of residential burglary twice in 2007 and twice in 2008. 

On May 15, 2015, Martinez pled guilty to a two-count felony information charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.  In entering the guilty plea, Martinez admitted that on June 16, 2014, he was in possession of a firearm and ammunition.  He further admitted that he purchased the firearm and ammunition for $80.00 and some methamphetamine.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD.  Assistant U.S. Attorney Presiliano A. Torrez prosecuted the case.

ALBUQUERQUE – Michael V. Tenorio, 23, a member and resident of San Felipe Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for assaulting his intimate partner.

Tenorio was arrested on Nov. 18, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation and assault with a dangerous weapon.  According to the complaint, on Nov. 7, 2014, BIA agents responded to a call reporting an assault occurring on San Felipe Pueblo in Sandoval County, N.M.  The complaint alleged that Tenorio assaulted the victim, a non-Indian woman, by threatening her with a rifle and choking her.  Tenorio was subsequently indicted on Dec. 16, 2014, and charged with assault of an intimate partner by strangulation and assault with a dangerous weapon.

On May 12, 2015, Tenorio pled guilty to assault of an intimate partner by strangulation.  In entering his guilty plea, Tenorio admitted that on Nov. 7, 2014, he choked the victim by wrapping his hands around her neck and squeezing, causing her breathing to be affected by the pressure.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

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 – Conrad Vasquez Salazar, 43, of Las Cruces, N.M., pleaded guilty this afternoon to conspiracy and firearms charges.  Under the terms of his plea agreement, Salazar will be sentenced to 20 years in federal prison followed by a term of supervised release to be determined by the court.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Las Cruces Police Chief Jaime Montoya.

Conrad Vasquez Salazar (Salazar), Clifford Raymond Salas, and Andres Linares-Baca, 32, both of Las Cruces, and Thomas Vasquez Salazar (Vasquez Salazar), 39, of Odessa, Tex., were charged with violating the federal conspiracy, explosives and narcotics laws in a series of complaints and indictments, the first of which was filed in Sept. 2012.  Salas, Salazar and Vasquez Salazar were charged with conspiracy and explosives charges that arose out of the firebombing of a tattoo parlor in Las Cruces on Aug. 31, 2012.  Proceedings against Salazar were delayed by competency proceedings, and today, the court found him competent to stand trial.

During this afternoon’s proceedings, Salazar pled guilty to conspiracy and being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Salazar admitted that on Aug. 31, 2012, he conspired with other individuals to firebomb Irish Ink Tattoo.  Salazar also admitted producing two Molotov cocktails at his residence and instructing two co-conspirators on how to use them to set fire to Irish Ink Tattoo in Doña Ana County.  Salazar further admitted that on Sept. 22, 2012, he possessed a handgun and ammunition even though he previously had been convicted of residential burglary, conspiracy to commit first degree murder and aggravated battery on a peace officer and was prohibited from possessing firearms and ammunition.

In Sept. 2013, Vasquez Salazar entered a guilty plea to conspiracy and explosives charges; his sentencing hearing has yet to be scheduled.  Also in Sept. 2013, Linares-Baca pled guilty to conspiracy to distribute heroin and a heroin distribution charge; he was sentenced in Jan. 2014, to 15 months in prison followed by three years of supervised release.

On March 9, 2015, Salas proceeded to trial on a superseding indictment charging him with participating in a conspiracy between July 15, 20112 and Aug. 31, 2012, to commit arson by maliciously damaging and destroying the Irish Ink Tattoo, located at 2245 South Main Street in Las Cruces.  The indictment also charged Salas with maliciously damaging and destroying the Irish Ink Tattoo on Aug. 31, 2012, by throwing at least one Molotov cocktail into the building, using a destructive device in furtherance of an act of violence; and being a felon in possession of an explosive.   Trial against Salas concluded on March 11, 2015, when the jury returned a verdict of guilty on all four counts of the superseding indictment.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department.  Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

ALBUQUERQUE – Willie Collier, 65, of Macon, Ga., pleaded guilty this morning in federal court in Albuquerque, N.M., to a cocaine trafficking charge.  Under the terms of the plea agreement, Collier will be sentenced to 60 months in federal prison followed by not less than four years of supervised release.

Collier was arrested on Jan. 21, 2014, at the Greyhound Bus Station in Albuquerque after a search of his baggage by DEA agents revealed that Collier was carrying approximately 5.85 kilograms of cocaine inside a backpack.  Collier was subsequently charged in a superseding indictment filed on June 24, 2015 with possession of cocaine with intent to distribute on Jan. 21, 2014, in Bernalillo County.

During today’s proceedings, Collier pled guilty to the superseding indictment.  He admitted to possessing approximately 4.037 kilograms of cocaine on Jan. 21, 2014, which Collier was to be paid to transport from Phoenix, Ariz., to Memphis, Tenn., to give to another individual.

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.

ALBUQUERQUE – Kristi K. Sepkowitz, 56, of Alto, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to three years of probation and a $1,000.00 fine for embezzling money belonging to the United States.  Sepkowitz was the Postmaster of the Capitan Post Office in Lincoln County, N.M., when she committed the offense.

In her plea agreement, Sepkowitz acknowledged that as Postmaster of the Capitan Post Office, she held a position of trust with respect to funds belonging to the U.S. Postal Service that came into her possession.  Sepkowitz admitted that between Feb. 2012 and Dec. 2013, she betrayed that trust by engaging in an unlawful scheme pursuant to which she embezzled and converted funds, including cash and money orders, belonging to the U.S. Postal Service to her own use.

During the course of the scheme, Sepkowitz issued postal money orders to herself without making appropriate payment.  She also took cash from daily postal deposits and used the cash for her own purposes.  Sepkowitz attempted to pay back the postal funds she embezzled by writing checks on her personal bank account and depositing the checks with the daily postal deposits.

According to court filings, Sepkowitz embezzled and converted more than $450,000.00 in postal funds over the course of the scheme.  She has fully repaid the U.S. Postal Service for the postal funds she embezzled and converted to her own use.

This case was investigated by the U.S. Postal Service, Office of Inspector General and was prosecuted by Assistant U.S. Attorney Brock E. Taylor, of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Thomas Murray, 62, a non-Indian who resides in Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a federal child pornography charge.

Murray is a physician who relocated to New Mexico in Oct. 2014, from Ohio to take a position as a general practitioner with Indian Health Services at the Acoma-Canoncito-Laguna Service Unit located in Acoma Pueblo.  Murray was charged in a criminal complaint with transporting, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.

According to the criminal complaint, the FBI initiated the federal investigation leading to Murray’s arrest on Dec. 19, 2014, after receiving a report from the New Mexico Attorney General’s Office.  The report alleged that investigation by an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Murray’s residential address in Acoma was being used to download and distributing images consistent with child pornography.  According to the criminal complaint, the FBI arrested Murray and executed a federal search warrant at his residence on Jan. 5, 2015.

Murray was subsequently indicted on Jan. 21, 2015, and charged with receiving and possessing child pornography from Oct. 19, 2014 through Jan. 5, 2015, in Cibola County, N.M.

During today’s change of plea hearing, Murray pled guilty to possession of child pornography under a plea agreement with the U.S. Attorney’s Office.

At sentencing, Murray faces a maximum penalty of 20 years in federal prison.  Murray will be required to register as a sex offender after completing his prison sentence.

This case was investigated by the Albuquerque office of the FBI, the New Mexico Attorney General’s Office, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Laboratory.  The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard 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 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 NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Joseph Wallace Apodaca, 39, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and ammunition.

Apodaca was arrested on August 21, 2014, on an indictment charging him with being a felon in possession of firearms and ammunition on May 14, 2014, in Bernalillo County, N.M.  The indictment was superseded on Jan. 21, 2015.  Apodaca was prohibited at the time from being in possession of firearms and ammunition because he had previously been convicted of aggravated burglary, conspiracy to commit aggravated burglary, tampering with evidence and residential burglary.

During today’s proceedings, Apodaca pled guilty to the superseding indictment and admitted that on May 14, 2014, he was approached by Albuquerque Police Department (APD) officers as he was exiting his vehicle, where APD officers viewed a handgun in his vehicle.  Apodaca further admitted that he told officers he was a convicted felon in possession of a handgun.

At sentencing, Apodaca faces a maximum of ten years in prison followed by not more than three years of supervised release.  He remains detained 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 Norman Cairns is prosecuting this case.

ALBUQUERQUE—Farrell Bowman, 28, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., pleaded guilty this morning in Albuquerque, N.M., to involuntary manslaughter charges under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, Bowman will be sentenced to 74 months in prison followed by a term of supervised release to be determined by the court.

Bowman was arrested in Jan. 2015, on a criminal complaint charging him with involuntary manslaughter.  According to the complaint, Bowman killed two Native American men with his vehicle when he crashed into their vehicle head on while he was driving under the influence of alcohol.  The crash occurred on July 3, 2014, in a location within the Navajo Indian Reservation in San Juan County, N.M.  Bowman was subsequently indicted on the same charges on Jan. 21, 2015.

During today’s plea hearing, Bowman pled guilty to the indictment and admitted killing the victims by driving recklessly while under the influence of alcohol which rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle.  Bowman acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.

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

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the San Juan County Sheriff’s Office.  Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting this case.

ALBUQUERQUE – Victor Castellon, 52, of Los Lunas, N.M., was sentenced today in federal court in Albuquerque, N.M., to 180 months in prison followed by ten years of supervised release for his child exploitation conviction.  Castellon will also be required to register as a sex offender.

Castellon was arrested on Feb. 11, 2015, on an indictment charging him with using a cellular telephone in an attempt to entice a minor to engage in a sexual activity.  According to the indictment, Castellon committed the offense on Sept. 17 and 18, 2014, in Bernalillo County, N.M.

On May 4, 2015, Castellon pled guilty to the indictment.  In his plea agreement, Castellon admitted that on Sept. 17, 2014, he responded to a notice on a website that appeared to be posted by a minor, and he initiated a conversation with the minor regarding the possibility of meeting on Sept. 18, 2014, for the purpose of engaging in sexual activity.  Unbeknownst to Castellon, he was communicating with an undercover law enforcement agent posing as a child.  Castellon was taken into state custody when he arrived at the location where he had arranged to meet the “minor.”

This case was investigated by the Sexual Predator and Exploitation Enforcement Detail (SPEED) of Homeland Security Investigations (HSI) Albuquerque office and the Albuquerque Police Department.  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/.

This case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 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 – PC Specialists Inc., doing business as Technology Integration Group (TIG), has agreed to pay the United States $5.9 million to settle allegations that the company inflated the price of computers sold through another company to the National Nuclear Security Administration (NNSA) for use at Sandia National Laboratories in Albuquerque, New Mexico.  TIG, headquartered in San Diego, buys computers and other technology products for resale to other purchasers.

“The resources available to achieve the important goals carried out by our national laboratories are precious and limited,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “Today’s settlement demonstrates that diverting funds from the critical mission of the laboratories by inflating costs and making false claims or causing others to make false claims for government funds will not be tolerated.”

From 2003 to 2013, TIG sold Dell computers to Sandia Corporation for resale to the United States under Sandia’s contract with the NNSA.  The NNSA purchased the computers for use at Sandia National Laboratories.  The United States alleged that TIG knowingly inflated the amounts it charged Sandia by failing to give credits for rebates and discounts it received from Dell as required by its contract and causing false claims to the government for the inflated prices. 

“Fraud involving government contracts will be zealously pursued in New Mexico,” said U.S. Attorney Damon P. Martinez of the District of New Mexico.  “The U.S. Attorney’s Office and its law enforcement partners are committed to recovering losses, preventing fraud, holding accountable those who exploit government contracts and ensuring that the taxpayers’ monies are properly spent.”

In a separate but related matter, in April 2015, TIG entered into a non-prosecution agreement with the U.S. Attorney’s Office of the District of New Mexico regarding allegations that three employees in TIG’s Albuquerque branch office engaged in a scheme to defraud the United States by inflating the amounts it charged Sandia for computers.  The non-prosecution agreement in that matter required TIG to terminate the employment of the three employees in its Albuquerque branch office – a vice president, a senior account executive and an accounts executive – who participated in and profited from the scheme.  The non-prosecution agreement also required TIG to retain and pay for an independent monitor selected by the U.S. Attorney’s Office who is responsible for monitoring TIG’s compliance with the agreement, and TIG policies, procedures and training relating to federal government contracts over the agreement’s three-year term. 

The allegations resolved by the civil settlement announced today arose from a lawsuit filed by Maverick Granger, a former TIG executive in Albuquerque, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and share in the recovery.  Mr. Granger’s share of the settlement has not yet been determined.

These resolutions were the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office of the District of New Mexico and the U.S. Department of Energy’s Office of Inspector General (DOE-OIG).  The criminal investigation was conducted by DOE-OIG, the FBI’s Albuquerque Division and the Albuquerque Office of the Internal Revenue Service-Criminal Investigation.

The False Claims Act lawsuit is captioned United States ex rel. Granger v. PC Specialists, Inc. d/b/a/ Technology Integration Group, No. 14-cv-00633 (D.N.M.).  The claims resolved by today’s civil settlement and the earlier non-prosecution agreement are allegations only; there has been no determination of guilt or liability.

ALBUQUERQUE—Denise Romero, 27, of Los Ranchos, N.M., pleaded guilty today to robbing the New Mexico Bank & Trust branch located on 4th Street NW in Albuquerque, N.M., in March 2015.  The guilty plea was entered without the benefit of a plea agreement.

Romero was arrested on March 20, 2015, on a criminal complaint alleging that she robbed the New Mexico Bank & Trust branch on March 16, 2015.  According to the complaint, Romero approached the bank teller with a note to the teller suggesting that Romero had a gun. The complaint further alleges that Romero used the money from the bank robbery to bail her boyfriend out of jail.

Romero was indicted on April 14, 2015, and charged with bank robbery of the New Mexico Bank & Trust branch in Bernalillo County, N.M.

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

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – Rick J. Serrano, 43, of Albuquerque, N.M., was sentenced this morning in federal court to three years of probation for submitting false and fraudulent claims to the Veterans Affairs Medical Center (VAMC) in Albuquerque.  Serrano also was ordered to pay $23,399.78 in restitution to VAMC which represents the money he fraudulently obtained from the VAMC.

Serrano was indicted on April 24, 2013, on an indictment alleging that he submitted 146 fraudulent claims to the VAMC for travel beneficiary payments.  Serrano pled guilty on Nov. 4, 2014, to a felony information charging him with making false, fictitious and fraudulent claims.  In entering his guilty plea, Serrano admitted that from Sept. 2010 through Oct. 2012, he periodically traveled to the VAMC in Bernalillo County, N.M., to obtain authorized medical treatment and falsely claimed he travelled from Roswell, N.M., to do so.  Serrano admitted his claims for travel cost reimbursement were false claims because they exceeded the costs for which he was entitled to reimbursement.  Serrano acknowledged receiving $23,399.78 in travel cost reimbursements to which he was not entitled.

This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, and was prosecuted by Assistant U.S. Attorneys Presiliano Torrez and William J. Pflugrath.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict this afternoon finding Gavin Yepa guilty on a felony murder charge after a ten-day trial, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Yepa, 30, a member and resident of Jemez Pueblo, was arrested on Jan. 3, 2012, on a criminal complaint charging him with killing a 38-year-old Navajo woman during a sexual assault that took place at Yepa=s residence on Jemez Pueblo on the night of December 28, 2011.  Yepa previously had been arrested on tribal charges on Dec. 28, 2011, and remained in tribal custody until his arrest on the criminal complaint.

In Jan. 2012, a federal grand jury indicted Yepa on a felony murder alleging that the victim died as the result of an aggravated sexual assault by Yepa.  Trial of the case was delayed by interlocutory appeals.  The trial commenced on July 27, 2015, and concluded this afternoon when the jury returned a guilty verdict on the sole charge before them.

The evidence at trial established that Yepa met the victim in San Ysidro, N.M., on the evening of Dec. 28, 2011, and took her to his residence.  Shortly before midnight, Yepa contacted tribal officials and reported that there was a woman in his home who was not breathing.  When Yepa escorted the officials into his residence, they observed a large amount of blood on the floor throughout the house and found the victim’s nude body, which was covered with blood, in a bedroom.

After finding the victim’s body, the tribal officials notified the Jemez Pueblo Trial Police Department who then notified the FBI.  The FBI then initiated an investigation into the victim’s death.  The investigation revealed that Yepa had numerous scratches and abrasions on his arms, torso and legs as well as blood on his hands, feet and clothing.  Forensic investigation determined that the victim was the source of the blood on Yepa.

An examination of the victim’s body revealed that she had been brutally sexually assaulted, and the investigation revealed that a water bottle, a liquor bottle and the handle of a shovel, all of which were found at the crime scene, were used to assault her.  DNA analysis confirmed that the victim’s blood was all three items.

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

This case was investigated by the Albuquerque office of the FBI with assistance from the Jemez Pueblo Tribal Officials, the Jemez Pueblo Tribal Police Department and the Crime Scene Unit of the New Mexico State Police.  Assistant U.S. Attorney Niki Tapia-Brito and Linda Mott are prosecuting the case.

The prosecution of this case is 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—Julian Concha, 26, a member and resident of Taos Pueblo, N.M., pleaded guilty this morning in Albuquerque, N.M., to federal assault charges.  Under the terms of his plea agreement, he will be sentenced to 37 months in prison followed by a term of supervised release to be determined by the court.

Concha was arrested on Feb. 13, 2015, on an indictment charging him assault resulting in serious bodily injury and two counts of assault with a dangerous weapon.  The indictment alleged that the crimes were committed on Jan 15, 2013, in Taos Pueblo in Taos County, N.M.

During today’s proceedings, Concha pled guilty to a felony information charging him with assault resulting in serious bodily injury and assault by striking, beating or wounding.  Concha admitted that on Jan. 15, 2013, he assaulted a woman by striking her on the face and head resulting in permanent damage to her left eye, and he assaulted a man by striking, beating and wounding the man’s face and head.

A sentencing hearing has yet to be scheduled.

This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Police Department.  Assistant U.S. Attorneys Kristopher N. Houghton and Niki Tapia-Brito are prosecuting the 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 – Martin Perea, 35, of Los Lunas, N.M., was arrested yesterday by the FBI on a criminal complaint charging him with production and possession of visual depictions of minors engaged in sexually explicit conduct.  During proceedings in federal court in Albuquerque, N.M., this morning, a U.S. Magistrate Judge ordered Perea detained pending trial.

 According to the criminal complaint charges, the FBI began an investigation into Perea on July 24, 2015, when the Valencia County Sheriff’s Office reported receiving information from the Spokane (Washington) Police Department alleging that Perea sexually abused an eight-year-old child and produced child pornography.

The complaint alleges that on July 1, 2015, the victim’s mother discovered pornographic images and videos of Perea and the victim on a memory card she took from Perea’s cellular telephone.  The mother allegedly confronted Perea, her former boyfriend, about the pornographic photographs and videos later that day.  Two days later, the mother fled with the victim to Spokane, Wash., after Perea allegedly threatened to burn her and her home if she did not return the memory card to him.  Once in Spokane, the mother contacted local law enforcement authorities to file a complaint against Perea.

After the memory card was transferred from the Spokane Police Department to the Valencia County Sheriff’s Office, the FBI obtained a federal search warrant for the card.  On July 28, 2015, the search warrant was executed at the New Mexico Regional Computer Forensic Laboratory where the contents of the memory card were downloaded.  The complaint alleges that the memory card contained approximately 111 video files and more than 980 image files, including multiple videos and images which allegedly contained child pornography.

If convicted on the production of child pornography charge, Perea faces a prison sentence of not less than five years and not more than 20 years.  If convicted on the possession charge, he faces a federal prison term of up to ten years.  Perea also would be required to register as a sex offender.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the FBI, the Valencia County Sheriff’s Office and the New Mexico Computer Forensic Laboratory with assistance from the Spokane Police Department.

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

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – An Albuquerque man entered a guilty plea to a misdemeanor hate crime arising out of anti-Semitic threats he made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen and Bakery in Albuquerque.  After Ng entered his guilty plea, he was sentenced to four years of probation.Ng was arrested by the FBI on March 7, 2014, on a criminal complaint charging him with interfering with the victim’s federally protected rights by threatening her and interfering with her business because of her religion and because she owned a Jewish restaurant.

Proceedings in the case were delayed during the pendency of competency proceedings.  Ng remained in federal custody from the time of his arrest until the court found him competent in May 2015, at which time he was released on conditions that included supervision by the U.S. Pretrial Services Agency.According to the indictment filed on April 23, 2014, Ng posted threatening, anti-Semitic notes on the door of the victim’s business on Jan. 22, 2014, and Feb. 8, 2014.  One of the notes read, “TO: The [racial slur] who should die.”  Another read, “FROM:  The one you scarred for life scumbags[;] TO: The [racial slur] who will die like rats.”

During today’s proceedings, Ng pled guilty to the second count of the indictment, and admitted posting anti-Semitic notes on the door of the victim’s business on Feb. 8, 2014.  Ng acknowledged that he intentionally posted the notes knowing that or in reckless disregard of the fact that notes would be perceived as threatening.  Ng also admitted that on Feb. 11, 2014, he told the FBI that he had a bad history with Jews and targeted the Nosh Jewish Delicatessen because he believed it was a good location to ensure that his message would reach as many Jews as possible.

This matter was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney Angie Cha of the U.S. Department of Justice’s Civil Rights Division.

ALBUQUERQUE – Jeffrey J. Franklin, 31, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today in Albuquerque, N.M., to violating the federal firearms laws by discharging a firearm during an act of violence.  Under the terms of his plea agreement, Franklin will be sentenced to ten years in federal prison.

Franklin was arrested in Aug. 2014, on a criminal complaint charging him with assault with a dangerous weapon and abusing a child by placing the child in a situation that could endanger the child’s life.  The complaint alleged that Franklin committed these crimes on Aug. 9, 2014, on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, on Aug. 9, 2014, Franklin assaulted four Indian women and two Indian children by firing shots while inside the residence of one of the victims and by firing shots at the victims’ vehicles.  Two children were inside one of the vehicles when Franklin shot at the vehicle.

Franklin was subsequently indicted on Nov. 19, 2014, and charged with four counts of assault with a dangerous weapon with intent to do bodily harm, negligently placing minors in a situation that endangered the children’s health, and two counts of using and discharging a firearm during and in relation to a crime of violence.

During today’s proceedings, Franklin pled guilty to one count of using and discharging a firearm during and in relation to a crime of violence.

 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. Attorneys Novaline D. Wilson and Kyle T. Nayback are prosecuting the 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 – Carlos Carlon Cruz, the father of a the former owner of a gun shop in Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., for violating the federal firearms laws.  Carlos Carlon Cruz was sentenced to 18 months in prison followed by three years of supervised release.  His wife, Norma M. Cruz was sentenced last week to three years of supervised release for her conviction on firearms charges.  Their son, Carlos Jonathan Cruz was sentenced on Feb. 4, 2015, to 12 months and one day in prison followed by three years of supervised release.

Carlos Carlon Cruz, 61, Norma M. Cruz, 58, and their son Carlos Jonathan Cruz, 32, the former owner of Hobbs Satellite Company Guns & Ammo, were indicted in June 2013.  The indictment charged the three defendants with violating federal firearms laws by making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser” and buying firearms on behalf of others.  Carlos Jonathan Cruz also was charged with unlawfully selling thousands of rounds of ammunition to an alien illegally in the United States, unlawfully possessing an unregistered sawed-off shotgun, and unlawfully possessing firearms with obliterated serial numbers.

Carlos Carlon Cruz and Norma M. Cruz pled guilty on Jan. 7, 2014, to felony informations charging them with making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and unlawfully selling ammunition to a prohibited person.  In entering their guilty pleas, the couple admitted that on April 9, 2013, they sold 2,500 rounds of ammunition to an alien who was illegally in the United States.  They also admitted that on April 23, 2013, they knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at the gun shop for an individual who was working as a confidential informant for the ATF.

Carlos Jonathan Cruz also pled guilty on Jan. 7, 2014, to a felony information charging him with making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and unlawfully possessing firearms with obliterated serial numbers.  In entering his guilty plea, Carlos Jonathan Cruz admitted that on April 23, 2013, he knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF.  Cruz also admitted possessing a firearm with an obliterated serial number on May 29, 2013.

Under the terms of their plea agreements, all three defendants are required to forfeit approximately 165 firearms, 25,703 rounds of ammunition and six silencers.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the DEA and the Hobbs Police Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.  Assistant U.S. Attorney Stephen R. Kotz is handling the related forfeiture proceedings.

ALBUQUERQUE – Arturo Martinez, 23, of El Paso, Texas, and Bryan Marinelarena, 20, a Mexican national, each pleaded guilty this morning in federal court in Las Cruces, N.M., to a federal heroin trafficking charge.

Martinez and Marinelarena were arrested on May 23, 2015, during a routine inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Doña Ana County, N.M.  According to the criminal complaint, agents found approximately 6.6 kilograms of heroin concealed within the vehicle that Martinez and Marinelarena were driving from El Paso to California.

During today’s proceedings, Martinez and Marinelarena each pled guilty to a felony information charging them with conspiracy to possess heroin with intent to distribute.  Each admitted that on May 23, 2015, in Doña Ana County, Border Patrol agents discovered approximately 6.6 kilograms of heroin hidden in the engine of the SUV in which they were traveling.  The two men further admitted that they were paid to transport the heroin from El Paso to California.

Under the terms of their respective plea agreements, Martinez and Marinelarena each will be sentenced to 87 months in prison followed by a term of supervised release to be determined by the court.  Both remain in custody pending sentencing hearings which have yet to be scheduled.

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

This case was 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 – Ricardo Rodriguez-Magallanes, 38, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by two years of supervised release for his methamphetamine trafficking conviction.

Rodriguez-Magallanes was indicted in Oct. 2012, in a multi-defendant indictment and charged with participating in a Deming-based methamphetamine trafficking ring.  The indictment charged the defendants with conspiracy to distribute methamphetamine between April 2012 and Oct. 2012.  It also included seven substantive drug trafficking charges, and alleged that members of the conspiracy distributed large quantities of methamphetamine in southern New Mexico communities, including Deming, Las Cruces and Sunland Park. The eight-count indictment also sought forfeiture of property and proceeds derived from or involved in the defendants’ illegal activities.

The charges against the defendants were the result of a multi-agency investigation initiated early in 2012, involving DEA and HSI agents who were acting in undercover capacities and were able to infiltrate the conspiracy.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is 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.

According to court filings, during the seven-month investigation, the undercover agents engaged in a series of meetings with members of the conspiracy during which they negotiated numerous transactions involving large quantities of methamphetamine.  During the course of the investigation, law enforcement officers seized and purchased approximately two kilograms of methamphetamine and seized approximately $235,206.00 in cash.

On Oct. 18, 2012, law enforcement officers arrested six of the defendants, including Rodriguez-Magallanes, and executed search warrants at residences in Deming, Las Cruces, N.M., and Albuquerque, N.M.  Two defendants have yet to be apprehended and are considered fugitives.

Rodriguez-Magallanes, who was charged in three counts of the indictment, pled guilty on March 12, 2013, to participation in a methamphetamine trafficking conspiracy and distribution of methamphetamine.  In entering his guilty plea, he admitted that between April and Oct. 2012, he sold and facilitated the sale of methamphetamine to a person, who unbeknownst to him was an undercover law enforcement agent.

The following defendants have entered guilty pleas and have been sentenced as follows:

• Gildardo Majalca-Aguilar,  47, a Mexican national who is a legal permanent resident and resides in Albuquerque, pled guilty on March 29, 2013, and was sentenced on Aug. 23, 2013, to 168 months in prison followed by five years of supervised release
• Ivan Jesus Majalca, 29, of Deming, pled guilty on April 8, 2013, and was sentenced on Sept. 11, 2014, to 87 months in prison followed by two years of supervised release.
• Eleazar Olivas-Mendoza, 47, a Mexican national who is a legal permanent resident and resides in Las Cruces, pled guilty on March 19, 2013, and was sentenced on June 24, 2014, to 108 months in prison followed by five years of supervised release.
• Adam Galindo, 47, of Deming, pled guilty on May 2, 2013, and was sentenced on Aug. 26, 2014, to 24 months in prison followed by one year of supervised release.
• Jose Angel Morales, 25, of Deming, pled guilty on March 8, 2013, and was sentenced on Dec. 5, 2013, to 46 months in prison followed by two years of supervised release.

Carolina Gonzales-Hermosillo, 21, and Karla Iveth Nunez-Ortega, 33, are Mexican nationals who have yet to be arrested and are considered fugitives.

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

Anyone with information on the whereabouts of these fugitives is asked to contact the Las Cruces DEA at (575) 526-0700.

The case is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.  It was investigated by the DEA in Las Cruces, HSI in Las Cruces and Deming, the FBI in Roswell and the HIDTA Las Cruces Metro Narcotics Agency.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  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 – Richard J. Dates, 70, of Grants, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a distribution of child pornography charge.  Under the terms of his plea agreement, Dates will be sentenced within the range of five to 12 years in prison followed by not less than five years of supervised release.  Dates will be required to register as a sex offender upon his release from prison.

Dates was arrested in Grants in Aug. 2012, on a criminal complaint charging him with possession of visual depictions of minors engaged in sexually explicit conduct from Aug. 23, 2009 through Aug. 23, 2012.  According to court documents, Dates was arrested by Homeland Security Investigations (HSI) agents after an investigation by HSI in Boston, Mass., identified him as an individual who was distributing child pornography images through the internet.

Dates was indicted on Sept. 5, 2012, and charged with possession of visual depictions of minors engaging in sexually explicit conduct from Aug. 23, 2009 through Aug. 23, 2012.  A superseding indictment was filed on Sept. 25, 2013, charging Dates with two counts of distribution of child pornography, two counts of receiving child pornography, and possession of visual depictions of child pornography.  A second superseding indictment was filed on June 24, 2014, charging Dates with one count of advertising child pornography, three counts of distribution of child pornography, two counts of receipt of child pornography, and seven counts of possession of child pornography.

During today’s proceedings, Dates pled guilty to one count of distribution of child pornography, and admitted distributing child pornography on June 15, 2011.  Dates has been in federal custody since his arrest, and remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of HSI and is being prosecuted by Assistant U.S. Attorneys Jacob Wishard and Marisa A. Lizarraga 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 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 NMOAG.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Ruben Nieto, 45, of Albuquerque, N.M., pleaded guilty this morning in federal court to an indictment charging him with distributing child pornography.  The guilty plea was entered without the benefit of a plea agreement.

Nieto was arrested by the FBI on Nov. 13, 2014, based on a criminal complaint charging him with distribution of a visual depiction of a minor engaged in sexually explicit conduct and possession of a visual depiction of a minor engaged in sexually explicit conduct.  Nieto was charged with committing both offenses in Bernalillo County, N.M., from March 24, 2014 through March 27, 2014.  On Dec. 3, 2014, Nieto was indicted and charged with distributing child pornography.

According to court filings, the FBI initiated a federal investigation into Nieto in May 2014, after receiving a referral from the Bernalillo County Sheriff’s Office (BCSO) and the New Mexico Office of the Attorney General (NMOAG), both of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.  In Jan. 2014, investigators identified an IP address that was being used to download and share child pornography.  Investigation revealed that the IP address was subscribed to the residence in which Nieto lived until April 2014.  In May 2014, investigators executed a search warrant at the residence and seized computers and computer-related media that contained child pornography after learning that Nieto regularly used the computer while he lived in the residence.

Nieto remains in federal custody pending his sentencing hearing.  At his sentencing hearing, which has not yet been scheduled, Nieto faces a federal prison term of not less than five years and not more than 20 years.  He also will be required to register as a sex offender when he completes his prison sentence.   

This case was investigated by the Albuquerque office of the FBI, the BCSO, the NMOAG and the New Mexico ICAC Task Force.

The case was prosecuted by Assistant U.S. Attorney Shammara H. Henderson 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 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 NMOAG.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Natali Arvilla Castro, 28, of Horizon City, Texas, was sentenced this morning in federal court in Las Cruces, N.M., to 45 months in prison followed by three years of supervised release for her methamphetamine trafficking conviction.

Castro and Travis Lavar Clark, 36, of Raleigh, N.C., were arrested on May 5, 2014, on a criminal complaint charging them with possession of methamphetamine with intent to distribute.  According to the complaint, on Nov. 12, 2013, FBI agents encountered Clark and Castro at a hotel in Doña Ana County, N.M., after receiving information that the couple was transporting methamphetamine from El Paso, Texas to Las Cruces, N.M.

On Sept. 23, 2014, Castro pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute.  In entering her guilty plea, Castro admitted that on Nov. 12, 2013, Clark and she possessed approximately 757.34 grams of methamphetamine with intent to distribute.  Castro further admitted that the methamphetamine was seized by law enforcement from a suitcase in the vehicle she was driving.  Castro acknowledged that the pair were being paid to take the methamphetamine from El Paso to open up a “store” in Las Cruces where they intended to sell methamphetamine.

Clark was indicted in Feb. 2014, and charged with possession of methamphetamine with intent to distribute.  Clark entered a guilty plea on June 10, 2014, to an indictment charging him with possession of methamphetamine with intent to distribute and acknowledged possessing 757.34 grams of pure methamphetamine.  Clark was sentenced on April 28, 2015, to 51 months in prison followed by three years of supervised release.

This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’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 – A U.S. Magistrate Judge of the U.S. District Court for the Southern District of Indiana has ordered the transfer of Joe Medina, 37, of Rio Rancho, N.M., from Indiana to New Mexico to face a criminal complaint charging him with kidnapping and transporting a minor in interstate commerce for purposes of engaging in sexual activity.  The order was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Chief Michael Geier of the Rio Rancho Police Department (RRPD).

Medina was arrested in Indianapolis, Ind., on July 20, 2015, on a federal arrest warrant issued based on a criminal complaint filed by the FBI in the U.S. District Court for the District of New Mexico.  The criminal complaint charges Medina with kidnapping and transporting a minor in interstate commerce for the purpose of engaging in sexual activity.

According to the criminal complaint, on July 9, 2015, the victim’s mother filed a missing person’s report to the RRPD asserting that the victim had been taken from their home and was missing.  The complaint alleges that after the mother learned that Medina and the victim had been communicating with each other without her knowledge, she forced the victim to terminate communications with Medina.  The mother reported that on July 7, 2015, Medina allegedly called the victim and threatened to kidnap her and kill her mother if he was denied contact with the victim.

Thereafter, the RRPD’s investigation revealed that Medina allegedly took the victim to Denver, Colo., where they boarded a bus.  On July 12, 2015, Medina was arrested on a New Mexico state warrant when Medina and the victim were found on a bus that had stopped in Indianapolis.  The criminal complaint alleges that the victim told the Indiana State Police that Medina had taken her against her will.

During a July 13, 2015, interview with the FBI, the victim reiterated that Medina had taken her from outside of her home against her will on July 9, 2015.  The victim also told the FBI that Medina took her from Albuquerque to Denver where they abandoned Medina’s car and boarded a bus.  After departing Denver, Medina and the victim allegedly traveled on a series of buses until they were stopped in Indianapolis.

If convicted on the kidnapping charge, Medina faces a statutory maximum penalty of life in prison.  If convicted for transporting a minor in interstate commerce to engage in sexual activity, Medina faces a mandatory minimum of ten years and a maximum of life in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The U.S. Marshals Service is in the process of transporting Medina to New Mexico.

This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department, Corrales Police Department, and Denver Police Department with assistance from the 13th Judicial District Attorney’s Office, the U.S. Marshals Service, the Indiana State Police and the FBI in Indianapolis.  Assistant U.S. Attorney Sarah Mease is prosecuting the case.

The case is brought 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 – Christopher Roybal, 35, the former leader of an Albuquerque-based drug trafficking organization, was sentenced this morning in federal court to 168 months in prison followed by five years of supervised release for his conviction on cocaine trafficking and money laundering charges.  Roybal also is required to pay a $184,080.00 money judgment under the terms of his plea agreement.

Roybal was one of the 19 defendants charged in Dec. 2012, with drug trafficking and money laundering charges in a 60-count indictment.  The indictment was superseded twice; first in Feb. 2014, to add a 20th defendant and a witness tampering charge, and again in Sept. 2014, to add another witness tampering charge and a heroin trafficking charge.

The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Roybal by which was led by the FBI, IRS and Albuquerque Police Department with assistance from the DEA, the HIDTA Region I Narcotic Task Force and the Bernalillo County Sheriff’s Office.  The investigation, code-named “Operation Rain Check,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

The original indictment charged Christopher Roybal and ten others, with conspiracy to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012.  It also charged Christopher Roybal and nine others with conspiracy to distribute marijuana between Oct. 2011 and Dec. 2012.  Additionally, the indictment included three separate money laundering conspiracies, 22 money laundering offenses, and 18 “telephone counts,” offenses alleging the use of a communications device to facilitate a drug trafficking offense.  The indictment was superseded in May 2014, to add a new charge against George Roybal, 53, of Albuquerque, alleging that he threatened an FBI informant to prevent the informant from testifying at the trial of this case which was then scheduled to begin on May 19, 2014.  It was superseded again in Sept. 2014, to add two new charges alleging another defendant attempted to murder an FBI informant to prevent that informant from testifying at the trial of this case which was then scheduled to begin on Nov. 10, 2014, and with distributing heroin in Bernalillo County, N.M., in May 2014.

On Feb. 25, 2015, Christopher Roybal pled guilty to Counts 1, 37, 38, 39 and 40 of the second superseding indictment, charging him with participating in a cocaine trafficking conspiracy, three money laundering conspiracies, and a substantive money laundering offense.  In entering his guilty plea, Christopher Roybal admitted that between Aug. 2011 and Dec. 2012, he conspired with others to distribute kilogram quantities of cocaine in Albuquerque and Las Vegas, N.M.  He also admitted participating in three conspiracies that laundered the proceeds of his drug trafficking organization.  One conspiracy involved the transportation of drug proceeds from Albuquerque to California to pay for marijuana that was distributed by Christopher Roybal’s organization.  The second and third conspiracies involved the laundering of Christopher Roybal’s drug proceeds through accounts at a bank and a credit union.   As part of his plea agreement, Roybal agreed to forfeit his Albuquerque residence and a 1967 Chevrolet Camaro.

With the exception of one defendant who is participating in a pretrial diversion program under the supervision of the U.S. Probation Office, all 18 defendants have entered guilty pleas.

This case was investigated by the Albuquerque office of the FBI, IRS Criminal Investigation and the Albuquerque Police Department, with assistance from the DEA, the HIDTA Region I Narcotics Task Force and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long prosecuted the case.  Assistant U.S. Attorney Stephen R. Kotz is responsible for litigating the related civil asset forfeiture actions.

The HIDTA Region I Narcotics Task Force is comprised of the Albuquerque Police Department, Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office and the Valencia County Sheriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Jose Valladolid, 45, of Columbus, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 51 months in prison followed by three years of supervised release for being a felon in possession of firearms.

Valladolid was arrested on Aug. 6, 2014, at the Columbus International Port of Entry (POE) in Luna County, N.M., for being a felon in possession of firearms, and attempting to export those firearms out of the United States.  U.S. Customs and Border Protection Officers at the Columbus Port of Entry together with U.S. Border Patrol Agents assisting them with vehicle inspections arrested Valladolid after they found two semi-automatic rifles and ammunition in his vehicle.  At the time, Valladolid was prohibited from possessing firearms because he previously had been convicted of a marijuana trafficking crime.

Valladolid was indicted in Nov. 2014, on a two-count indictment charging him with being a felon in possession of a firearm, and fraudulently attempting to smuggle two rifles out of the United States.

On Dec. 11, 2014, Valladolid pled guilty to Count 1 of the indictment and admitted possessing the two semi-automatic rifles and ammunition discovered in his vehicle on Aug. 6, 2014, which he was attempting to smuggle into Mexico in order to deliver to another person.  He also admitted that he was prohibited from possessing the firearms because he was a convicted felon.

This case was investigated by the Deming office of HSI, U.S. Border Patrol, U.S. Customs and Border Protection, the Las Cruces office of the Bureau of Alcohol, Tobacco and Firearms and Explosives, and the Las Cruces office of the DEA.  Assistant U.S. Attorney Brock  Taylor of the Las Cruces Branch Office of the U.S. Attorney’s Office prosecuted the case.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, 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 that Thomas Martinez, 26, of Albuquerque, N.M., has been charged with violating the federal carjacking and firearms laws in a criminal complaint filed earlier today.  Martinez’s initial appearance in federal court has yet to be scheduled.

The criminal complaint charges Martinez with two counts of carjacking and two counts of using and carrying a firearm during and in relation to a crime of violence.  The criminal complaint alleges that Martinez committed all four crimes in Albuquerque on July 22, 2015, as he allegedly attempted to evade APD officers who were seeking to arrest him on a warrant arising out of an unrelated state court case.

According to the criminal complaint, Martinez allegedly committed the first carjacking as he attempted to flee from officers conducting surveillance in the vicinity of a hotel in northeast Albuquerque.  Martinez allegedly ran to a Chevrolet sedan occupied by a driver and three children as the driver was entering a ramp to Interstate 40.  Martinez allegedly brandished a firearm at the driver, pushed the driver into the passenger seat of the Chevrolet, and used the Chevrolet to continue his flight from the officers.  The children were able to get out of the vehicle before Martinez drove away with the driver in tow.  An APD detective 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 Chevrolet began to fight with Martinez in an effort to get him to stop the vehicle.  Martinez allegedly responded by discharging a firearm in an attempt to shoot the driver.  When Martinez slowed down, the driver was able to jump out of the Chevrolet.

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

If convicted, Martinez faces a statutory maximum penalty of 15 years in federal prison on each of the carjacking charges.  Martinez faces a statutory mandatory minimum of seven years if he is convicted of brandishing a firearm during a carjacking, and a statutory mandatory minimum of ten years if convicted of discharging a firearm during a carjacking.  The sentences imposed on the firearms charges must be served consecutive to any sentence imposed on the carjacking charges.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the ATF office in Albuquerque and APD.  Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case 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.

martinez_complaint.pdf (162.28 KB)

ALBUQUERQUE – Nora Asusena Amador-Beltran, 38, a Mexican national illegally in the United States, pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.  The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.

Amador-Beltran was arrested on March 11, 2015, at the Greyhound Bus Station in Albuquerque after DEA agents found approximately 2.64 pounds of heroin concealed in her jacket during a consensual search.  Amador-Beltran was indicted on March 24, 2015, and charged with possession of heroin with intent to distribute.

During today’s proceedings, Amador-Beltran pled guilty to a felony information charging her with possession of heroin with intent to distribute, and admitted that she was in possession of a kilogram of heroin on March 11, 2015.  She further admitted that DEA agents found the heroin while the Greyhound Bus on which she was traveling made a stop in Albuquerque.  Although Amador-Beltran was traveling under a false name, the DEA found identification documents in her true name and $6,400.00 cash in her belongings.

At sentencing, Amador-Beltran faces a statutory maximum penalty of 20 years in prison.  She will be deported after completing her prison sentence.  Amador-Beltran remains in custody pending a sentencing hearing which 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 Shana B. Long 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 – Rosa Esmeralda Balderrama-Mendivil, 39, a Mexican national residing in Nogales, Ariz., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.

Balderrama-Mendivil and her co-defendant Jesus Francisco Javier Morales-Rivas, 30, of Sinaloa, Mexico, were arrested on March 31, 2015, at the Greyhound Bus Station in Albuquerque after DEA agents found approximately 2.75 pounds of heroin in Balderrama-Mendivil’s baggage during a consensual search.  On April 14, 2015, Balderrama-Mendivil and Morales-Rivas were charged in a two-count indictment with participating in a heroin trafficking conspiracy and possession of heroin with intent to distribute.  The indictment alleged that both offenses were committed on March 31, 2015, in Bernalillo County, N.M.

During today’s proceedings, Balderrama-Mendivil pled guilty to a felony information charging her with conspiracy to possess heroin with intent to distribute.  In entering the guilty plea, Balderrama-Mendivil admitted that she was in possession of heroin on March 31, 2015, and that she intended to deliver the heroin to another person upon her arrival in Albuquerque.

 At sentencing, Balderrama-Mendivil faces a statutory maximum penalty of 20 years in prison.  She will be deported after completing her prison sentence.  Balderrama-Mendivil remains in custody pending a sentencing hearing which has yet to be scheduled.

Morales-Rivas has entered a not guilty plea to the complaint and indictment and remains in custody pending trial which has yet to be scheduled.  Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the 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 Paul Mysliwiec 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 – Louisa Gabaldon, 44, of Belen, N.M., was sentenced today in federal court in Albuquerque, N.M., to six months in prison followed by six months of home confinement with radio frequency monitoring for her bank fraud conviction.  Thereafter, Gabaldon will be on supervised release for five years.  Gabaldon also was ordered to pay $118,376.56 in restitution to the victims of her criminal conduct.

Gabaldon was indicted on Aug. 7, 2013, and charged with 12 counts of bank fraud.  The indictment alleged that from Jan. 2004 through July 2010, Gabaldon engaged in an illegal scheme to defraud her employer, the Belen Railroad Employees Credit Union (Credit Union) by making fraudulent withdrawal of funds from accounts belonging to the Credit Union’s customers.

On Oct. 21, 2014, Gabaldon pled guilty to Count 5 of the indictment charging her with fraudulently withdrawing $31,000.00 from a customer’s account on July 31, 2006.  The plea agreement, however, required that Gabaldon to pay $118,376.56 in restitution to the Credit Union to cover the losses associated with all 12 counts in the indictment as well as related losses suffered by the Credit Union.

In entering her guilty plea, Gabaldon admitted that, while employed by the Credit Union, she had loan approval which permitted her – when authorized by customers – to make withdrawals from customers’ accounts, transfer funds among their accounts, increase the amount of their loan accounts and open new loans in their names.  Gabaldon admitted that, without the knowledge or permission of Credit Union customers, she added amounts to customers’ existing loan accounts and opened new loans in their names and used the funds to pay for her own debts and to make a partial payment for the purchase of a home.  In order to conceal her fraudulent activity, Gabaldon moved funds among customers’ accounts to make it appear as if loans had been repaid or funds were replaced.

This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.

ALBUQUERQUE – Tina Tafoya, 33, of Deming, N.M., was sentenced today in Albuquerque, N.M., to 78 months in prison for her methamphetamine trafficking conviction.  Tafoya will be on supervised release for five years after completing her prison sentence.

Tafoya and her three co-defendants, Christopher Jason Kidd, 38, Jeanette Driever, 37, and John Jesse Perez, Jr., 46,  all of Clovis, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges.  Count 1 of the three-count indictment charged the four defendants with conspiring to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013.  Count 2 charged Kidd and Tafoya with possession of methamphetamine with intent to distribute on Nov. 6, 2013.  Count 3 charged Driever and Perez with possession of methamphetamine with intent to distribute also on Nov. 6, 2013.

According to court filings, during the course of the conspiracy charged in the indictment, Kidd and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the drugs in smaller quantities to users.  On Nov. 9, 2013, Kidd and Tafoya supplied a pound of methamphetamine to Driever and Perez.  On that day, Kidd and Tafoya possessed another half-pound of methamphetamine at their residence.  The methamphetamine was seized later that day pursuant to search warrants.

Tafoya pleaded guilty to participating in a methamphetamine conspiracy on Dec. 17, 2014.  Kidd entered a guilty plea on Nov. 17, 2014, and admitted that he conspired with his co-defendants to distribute methamphetamine in Curry County. Kidd was sentenced on June 16, 2015, to 78 months in prison followed by five years of supervised release.

Driever and Perez entered guilty pleas to federal drug trafficking charges on Nov. 20, 2014.  Both pled guilty to participating in a conspiracy to distribute methamphetamine in Curry County.  Driever and Perez remain in federal custody pending their sentencing hearings, which have not been scheduled.  Under the terms of their plea agreements, Driever will be sentenced to 60 months and Perez will be sentenced to 36 months.  Each will serve a five-year term of supervised release after completing his or her prison sentence.

This case was investigated by the Las Cruces Agency Office of the FBI’s Albuquerque Division, the Region V Drug Task Force and the New Mexico State Police, with assistance from the Ninth Judicial District Attorney’s Office.  The Region V Drug Task Force is comprised of the Clovis Police Department, the Portales Police Department, Curry County Sheriff’s Office and the Roosevelt County Sheriff’s Office.  Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case.

ALBUQUERQUE – Graciela Meraz, 38, of Chula Vista, Calif., pleaded guilty this morning in federal court in Albuquerque, N.M., to heroin and methamphetamine trafficking charges.

Meraz was arrested on Feb. 4, 2015, and was charged in a criminal complaint with possession of heroin and methamphetamine with intent to distribute.  According to court documents, Meraz was arrested by DEA agents at the Greyhound Bus Station in Albuquerque after a consensual search of her baggage revealed that she was carrying more than a kilogram of heroin and more than four kilograms of methamphetamine.  Meraz was subsequently indicted on those same charges on Feb. 25, 2015.

During today’s proceedings, Meraz pled guilty to a two-count felony information charging her with possession of methamphetamine and heroin with intent to distribute.  In entering the guilty plea, Meraz admitted that on Feb. 4, 2015, she was paid by an individual to transport approximately 9.24 pounds of methamphetamine and 2.53 pounds of heroin from Los Angeles, Calif. to Oklahoma City, Okla., when she was arrested by DEA agents.

At sentencing, Meraz faces a statutory minimum of five years and a maximum of 40 years in prison followed by not less than four years of supervised release. Meraz remains in custody pending a sentencing hearing which 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 Nicholas J. Ganjei 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 – Jeremy Boucher, 28, of Albuquerque, N.M., was sentenced this morning to 39 months in federal prison followed by three years of supervised release for his mail fraud and identity theft convictions.  Boucher was also ordered to pay restitution to the victims of his crimes.

Boucher was arrested on Nov. 25, 2014, on a criminal complaint charging him with mail theft and possession of stolen mail from Dec. 2013 through Oct. 2014, in Bernalillo County, N.M.  The complaint alleged that on Nov. 14, 2014, U.S. Postal Inspectors and the Albuquerque Police Department executed a search warrant on Boucher’s residence where they uncovered large amounts of stolen mail, including financial documents, dating back to Dec. 2013.

Boucher was subsequently charged in a four-count indictment on Jan. 8, 2015.  Counts 1 and 2 charged Boucher with mail theft from Nov. 2013 through Oct. 2014.  Count 3 charged Boucher with an attempt to execute a scheme to obtain money by false pretenses through the use of another person’s bank accounts, and Count 4 charged Boucher with identity theft.  All offenses charged occurred in Bernalillo County.

On March 27, 2015, Boucher pled guilty to the four-count indictment without the benefit of a plea agreement.

This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Joseph Raymond, 33, of Rio Rancho, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 39 months in prison followed by two years of supervised release for being a felon in possession of firearms and ammunition.

Raymond was arrested on Feb. 7, 2014, based on a criminal complaint alleging that he unlawfully possessed firearms and ammunition on Feb. 5, 2014, in Bernalillo County, N.M. Raymond was subsequently indicted on Feb. 26, 2014, and charged with unlawfully possessing a rifle and multiple rounds of ammunition.  At the time, Raymond was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery in the state of Nevada.

On March 2, 2015, Raymond entered a guilty plea to the indictment, and admitted that on Feb. 5, 2014, a search warrant was executed as his residence where agents from the United States Postal Inspectors Service (USPIS) found a rifle and multiple rounds of ammunition.  Raymond also admitted that USPIS agent also located evidence that he was involved in possession of stolen mail, and that from Dec. 2013 through Feb. 2014, he conspired with others to steal mail from mail receptacles to obtain checks, debit cards and other mail that might benefit Raymond and his co-conspirators.

This case was investigated by the USPIS and the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorney Linda Mott.

ALBUQUERQUE – Anthony Riley, 38, pleaded guilty this morning in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge.  Under the terms of his plea agreement, Riley will be sentenced to a federal prison term within the range of 13 to 18 months followed by a term of supervised release to be determined by the court.

Riley, a member and resident of Laguna Pueblo, N.M., was arrested on May 1, 2015, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on March 4, 2015, in Indian Country in Cibola County, N.M.  According to the criminal complaint, Riley was charged as a habitual offender based on his two prior domestic violence convictions in Laguna Tribal Court.         Laguna Tribal Court records reflect that Riley’s prior convictions occurred in 2005 and 2009, and that the victim was also an intimate partner.

Riley was subsequently indicted on the same charge on May 28, 2015.

During today’s proceedings, Riley pled guilty to the indictment and admitted that on March 4, 2015, he assaulted the victim, his intimate partner by striking her in the head and face with his fists.  He also acknowledged his prior tribal court convictions.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department.  The case is being prosecuted by Assistant U.S. Attorney David Adams 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 – Christopher Perea, 30, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act by robbing 16 businesses involved in interstate commerce.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).

Perea was arrested in Oct. 2012, based on an indictment charging him with violating the Hobbs Act by robbing an Albuquerque business that was engaged in interstate commerce.

During today’s proceedings, Perea entered a guilty plea to the one-count indictment and a 15-count felony information charging him with interfering with interstate commerce by robbing the following 16 businesses between May 2012 and July 2012:

• Satellite Coffee on Montgomery Blvd. NW in Albuquerque on May 11, 2012;
• Subway located on Louisiana NE in Albuquerque on June 1, 2012;
• Kentucky Fried Chicken on San Mateo NE in Albuquerque on June 7, 2012;
• Radio Shack on Lomas NE in Albuquerque on June 10, 2012;
• Subway on Jefferson NE in Albuquerque on June 17, 2012;
• Subway on Montgomery Blvd. NW in Albuquerque on June 21, 2012;
• Flower Company on Juan Tabo NW in Albuquerque on June 21, 2012;
• GameStop on Lamar Blvd. in Austin, Texas, on June 26, 2012;
• GameStop on Brodie Lane in Sunset Valley, Texas, on June 27, 2012;
• GameStop on N IH 35 in Austin, Texas, on June 28, 2012;
• GameStop on The Lakes Blvd. in Austin, Texas, on July 2, 2012;
• Radio Shack on Colorado Blvd. in Denver, Colo., on July 5, 2012;
• GameStop on E. Quincy Ave. in Aurora, Colo., on July 7, 2012;
• Radio Shack on Colfax Ave. in Denver, Colo., on July 7, 2012;
• Hobby Lobby on S. Monaco Pkwy. in Denver, Colo., on July 9, 2012; and
• GameStop on Southgate Rd. in Colorado Springs, Colo., on July 10, 2012.

In entering guilty pleas to the robberies he committed in Texas and Colorado, Perea waived his right to be tried separately in Texas and Colorado for the crimes committed in those states, and instead agreed to consolidate all the proceedings in the District of New Mexico.

Perea has been in federal custody since his arrest in Oct. 2012, and remains detained pending his sentencing hearing.  Perea faces a statutory maximum sentence of 20 years on each of the 16 Hobbs Act counts to which he pleaded guilty.

This case was investigated by the Albuquerque office of the FBI.  The FBI partnered with APD to investigate the Albuquerque robberies; it partnered with the Austin (Texas) Police Department to investigate the Texas robberies and with the Aurora (Colorado) Police Department to investigate the Colorado robberies.

Assistant U.S. Attorney Jon K. Stanford is prosecuting the case 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.

ALBUQUERQUE – George B. Lamonda, 44, of Santa Fe, N.M., was sentenced today to 63 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.

 Lamonda and co-defendant Jared Ray Behrends, 33 of Albuquerque, N.M., were arrested on a criminal complaint in Feb. 2014.  A third defendant, Jason Parris, 35, of Rio Rancho, N.M., was arrested in Mar. 2014.  According to court filings, on Feb. 12, 2014, the New Mexico State Police found approximately 502.7 grams of methamphetamine concealed within a Tupperware container that was in a bag of dog food when they searched Lamonda’s vehicle during a routine traffic stop.

The three defendants were indicted in Mar. 2014, in an eight-count indictment charging Lamonda, Behrends and Parris with conspiring to distribute methamphetamine, Count 2 charges Lamonda and Behrends with possession of methamphetamine with intent to distribute, Counts 3 and 4 charge Parris with using a telephone to facilitate a drug trafficking crime, and Counts 5 through 8 charge Parris with distributing methamphetamine.  The indictment alleged that the defendants committed these offenses between Oct. 2013 and Jan. 2014, in Bernalillo County, N.M.

Lamonda pled guilty on March 20, 2015, to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Lamonda admitted that on Feb. 11, 2014, he travelled with Behrends to Phoenix, Ariz., to purchase methamphetamine knowing that the drugs would be distributed in Albuquerque.  He further admitted that they hid the drugs in a bag of dog food before returning to Albuquerque, where they were stopped by law enforcement and found to be in possession of approximately 442.9 grams of methamphetamine.

Behrends pled guilty on Sept. 9, 2014, to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Behrends admitted that on Feb. 11, 2014, he travelled with Lamonda to Phoenix, Ariz., to purchase methamphetamine knowing that drugs would be distributed in Albuquerque.  He further admitted that they hid the drugs in a bag of dog food before returning to Albuquerque.  Behrends also acknowledged making a similar trip to Phoenix with Lamonda and that he received $500.00 when they returned to Albuquerque.  Behrends was sentenced on March 6, 2015, to 60 months in prison followed by three years of supervised release.

Parris pled guilty on Sept. 11, 2014, to Count 8 of the indictment charging him with distribution of methamphetamine. He admitted that on Jan. 27, 2014, he sold 27.9 grams of methamphetamine to an undercover law enforcement officer. Parris was sentenced on Feb. 18, 2015, to 51 months in federal prison followed by three years of supervised release.

This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz prosecuted the case.

ALBUQUERQUE – Michael Lippke, 71, of Albuquerque, N.M., made his initial appearance in federal court on a nine-count indictment charging him with child pornography charges.  Lippke remains in custody pending a detention hearing, which is scheduled for July 20, 2015.

Lippke was arrested yesterday on an indictment that charges 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 alleges that Lippke distributed child pornography on July 20, 2014 and July 22, 2014.  It also alleges that Lippke possessed child pornography between Sept. 16, 2014 and Dec. 10, 2014 on various computers and computer-related media.  Lippke is alleged to have committed the nine offenses in Bernalillo County, N.M.

If convicted on a distribution charge, Lippke faces a statutory mandatory minimum of 15 years and a maximum of 40 years in prison.  If convicted on a possession charge, Lippke faces a statutory mandatory minimum of ten years to a maximum of 20 years in prison.  Lippke also would be required to register as a sex offender.  Lippke faces an enhanced sentence because he previously was convicted on a child pornography charge.

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 Albuquerque office of the Homeland Security Investigations and the New Mexico Office of the Attorney General, with assistance from the 2nd Judicial District Attorney’s Office.  All three entities 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 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 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 NMAGO.  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 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.

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 a federal grand jury has filed an indictment charging Kevin Folse, 30, of Albuquerque, N.M., with firearms and carjacking charges.

Folse made his initial appearance in federal court on the three-count indictment this morning.  He was remanded into the custody of the U.S. Marshals Service and will be detained pending trial.

Folse initially was charged on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition.  The indictment subsequently was filed on July 14, 2015, and charged Folse with (1) being a felon in possession of a firearm, (2) carjacking, and (3) brandishing a firearm during a crime of violence.  The indictment alleges that Folse committed the three crimes on July 2, 2015, in Bernalillo County, N.M.

Court filings allege that between June 30, 2015 and July 2, 2015, Folse committed a number of violent crimes as he eluded arrest by APD officers.  On the morning of July 2, 2015, Folse allegedly threw a semiautomatic pistol out of a vehicle he was driving while being pursued by APD officers.  APD officers subsequently recovered the firearm from an individual who was working in the vicinity of the area that the firearm was thrown.  Folse allegedly wrecked the vehicle he was driving and continued his flight on foot.  APD officers then observed Folse allegedly commit a carjacking and flee in the carjacked vehicle.

According to court records, Folse was prohibited from possessing firearms or ammunition on July 2, 2015, because he was a convicted felon.  Court records reflect that Folse had been convicted for receiving or transferring a stolen vehicle, marijuana trafficking, and aggravated battery with a deadly weapon and being a felon in possession of a firearm.

Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department.  Folse remained in state custody on related state charges until today when he was transferred to federal custody.  The state charges against Folse will be dismissed in favor of federal prosecution.

If convicted of the charges in the indictment, Folse faces a statutory maximum penalty of ten years in federal prison for unlawfully possessing a firearm and ammunition and ten years on the carjacking charge.  If convicted for brandishing a firearm during a crime of violence, Folse faces a statutory mandatory minimum of seven years in prison which must be served consecutive to any sentence imposed on the felon in possession and carjacking charges.  Charges in criminal complaints and indictments are mere accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the Second Judicial District Attorney’s Office.  Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.

This 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 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 – Michael Benally, 31, an enrolled member of the Navajo Nation who resides in Littlewater, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 41 months in prison followed by three years of supervised release for his assault conviction.  Benally is the last of three defendants to be sentenced in this case.

Benally and co-defendants Gabriel Largo, 28, and Joshua Largo, 20, both enrolled members of the Navajo Nation who reside in Crownpoint, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a Navajo man with a sledgehammer and a rock and causing him serious bodily injury.  According to the complaint, the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.

The three co-defendants subsequently were indicted on Oct. 7, 2014, in a four-count indictment. Count 1 charged Benally with assaulting the victim and causing him serious bodily injury on July 30, 2014.  Count 2 charged Benally, Gabriel Largo and Joshua Largo with conspiring to assault the victim by chasing the victim, throwing rocks at him, kicking him, and striking him with a sledgehammer on Sept. 5, 2014.  Counts 3 and 4 charged the three defendants with assault resulting in serious bodily injury and assault with a dangerous weapon.

On March 27, 2015, Benally pled guilty to a felony information charging him with conspiracy to commit assault resulting in bodily injury and assault with a dangerous weapon.  Benally admitted that on Sept. 5, 2014, he and his co-defendants approached the victim who was selling firewood.  When the victim ran away from them, Benally and his co-defendants chased the victim, threw rocks at him and knocked him down.  The three men then hit and kicked the victim.  In his plea agreement, Benally admitted taking a sledgehammer from his truck and striking the victim in the legs with it with the intention of injuring and harming him.  Benally further admitted that at some point he handed the sledgehammer to Gabriel Largo who used it to strike the victim.

On March 5, 2015, Gabriel Largo pled guilty to a felony information charging him with assault, and admitted that on Sept. 5, 2014, he and his co-defendants assaulted the victim.  When the victim ran away from them, Gabriel Largo and his co-defendants chased the victim, threw rocks at him and knocked him down.  In his plea agreement, Gabriel Largo admitted obtaining a sledgehammer from Benally and using it to strike the victim.

Joshua Largo also pled guilty to a felony information on March 5, 2015, and admitted his participation in a conspiracy to assault the victim.  Joshua Largo admitted joining his co-defendants in chasing the victim, throwing rocks at him and knocking him down, and hitting and kicking the victim.

Gabriel Largo and Joshua Largo were both sentenced on June 4, 2015, for their assault convictions.  Garbiel Largo was sentenced to 37 months in prison followed by three year of supervised release, while his brother Joshua Largo was sentenced to 24 months in prison followed by one year of supervised release.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Linda Mott.

ALBUQUERQUE – Bridget Wilson, 22, an enrolled member of the Navajo Nation who resides in Sawmill, Ariz., was sentenced this afternoon in federal court in Albuquerque, N.M., to three years of probation for her conviction on assault and child abuse charges.

 Wilson was arrested on Feb. 10, 2015, on an indictment charging her with assault resulting in serious bodily injury and abuse of a child.  According to the indictment, Wilson committed the offenses on April 4, 2014, within the Navajo Indian Reservation in San Juan County, N.M.

On April 15, 2015, Wilson pled guilty the indictment and admitted that on April 4, 2014, she assaulted the victim, causing the victim to suffer serious bodily injury.  She also acknowledged putting the victim, who was under the age of 18 years, in a situation that endangered the victim’s life or health.

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

ALBUQUERQUE – A former Texas state district court judge in Bexar County, Texas, was sentenced this afternoon by U.S. District Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas in San Antonio, Texas, for his conviction on an honest services wire fraud charge.  Angus Kelly McGinty, 51, will serve a 24-month term of incarceration followed by a year of supervised release.

Alberto Acevedo, Jr., 61, a San Antonio attorney, who was convicted of bribing McGinty in exchange for favorable judicial rulings that benefited Acevedo and his clients, also was sentenced this afternoon.  Noting that Acevedo provided substantial assistance to the United States in its investigation and prosecution of McGinty, Judge Rodriguez sentenced Acevedo to a year and a day in prison followed by three years of supervised release.

“Fairness and impartiality are the cornerstones of our judicial system, and judges are expected to protect the public’s trust in the system.  Those who fail to do so will be held accountable,” said U.S. Attorney Damon P. Martinez.  “We cannot and will not allow the public’s faith in our legal system to be shaken by judicial corruption.”

“Judge Angus McGinty is just one more name on a long list of public officials who have come to realize how committed the FBI is to investigating public corruption,” said FBI Special Agent in Charge Christopher H. Combs of the FBI’s San Antonio Division.

McGinty initially was charged with conspiracy to commit federal programs bribery, federal programs bribery, extortion under color of official right, and honest services wire fraud in an indictment filed in the U.S. District Court for the Western District of Texas in June 2014.  In Feb. 2015, a five-count superseding indictment was filed charging McGinty with conspiracy to commit honest service wire fraud, three counts of honest services wire fraud, and extortion under color of official right.  At the time of the events underlying the charges in the indictments, McGinty was a state district court judge in the criminal division of the 144th Judicial District Court in Bexar County, Texas.  According to the superseding indictment, between Jan. 2013 and Sept. 2013, McGinty solicited and accepted bribes from Acevedo, an attorney who appeared before him, in exchange for favorable rulings for Acevedo’s clients.  McGinty resigned from the bench on Feb. 14, 2014.

According to court documents, from Jan. 2013 through Sept. 2013, McGinty solicited and accepted bribes from Acevedo in exchange for favorable judicial rulings that benefited Acevedo and his clients.  Acevedo’s bribes to McGinty included cash, car repairs, arranging the sale of McGinty’s vehicle, and registering a vehicle purchased by McGinty.  In exchange, McGinty provided the favorable judicial rulings requested by Acevedo, including lenient sentences and less restrictive conditions of release for Acevedo’s clients.  According to the indictments, McGinty received gifts, payments and other things of value totaling more than $6,655.00 from Acevedo.

McGinty pled guilty on April 13, 2015, to an honest services wire fraud charge and admitted depriving the State of Texas and citizens of Bexar County of his honest services by soliciting and accepting bribes intended to influence his judicial decisions.

Acevedo pled guilty on March 17, 2014, to a felony information charging him with bribery involving a program receiving federal funds.  In entering his guilty plea, Acevedo admitted that he corruptly influenced McGinty by giving him things of value in exchange for favorable judicial rulings that benefitted him and his clients.

U.S. Attorney Damon P. Martinez praised the investigative work of the San Antonio Division of the FBI.  The prosecution of this case in federal court in San Antonio, Texas, was handled by Special Attorneys Mark A. Saltman and Brock E. Taylor of the U.S. Attorney’s Office for the District of New Mexico.  The U.S. Attorney’s Office for the Western District of Texas was recused.