District of New Mexico

ALBUQUERQUE – Kameron Lee Frank, 22, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 37 months in prison for his involuntary manslaughter conviction.  He will be on supervised release for three years after he completes his prison sentence. Frank was also ordered to pay $4,542.00 in restitution to the family of the victim.

Frank was arrested on July 21, 2014, on a criminal complaint charging him with involuntary manslaughter.  According to the complaint, Frank killed a Navajo man who was a passenger in his vehicle when he crashed and rolled his pickup truck while driving under the influence of alcohol.  The crash occurred on May 23, 2014, in a location within the Navajo Indian Reservation in McKinley County, N.M.

On Jan. 2, 2015, Frank admitted killing the victim 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.  Frank acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.

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

ALBUQUERQUE – Michael P. Mataya, 64, of Thoreau, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to 24 months in prison followed by one year of supervised release for his bankruptcy fraud conviction.  Mataya also was ordered to pay restitution in the amount of $265,830.00 to the victims of his offense, who were creditors of his bankrupt company.

Mataya was the sole owner of Indian Capitol Distributing, Inc. (Indian Capitol), a Gallup-based oil and gas distributor, and Mataya’s Travel Plaza, a truck stop in Gallup, N.M.  He was indicted on Feb. 26, 2014, and charged with three counts of bankruptcy fraud.  Counts 1 and 2 of the indictment charged Mataya with making materially false statements under oath on May 5, 2009 and May 28, 2009, before the U.S. Bankruptcy Court in bankruptcy proceedings involving Indian Capitol.  Count 3 charged Mataya with fraudulently transferring assets belonging to Indian Capitol to Mataya’s Travel Plaza.

On Jan. 16, 2015, Mataya pled guilty to Count 2 of the indictment.  According to Mataya’s plea agreement, Indian Capitol filed for bankruptcy in April 2009.  At the time, the company had dozens of creditors.  After the bankruptcy court entered an order permitting Indian Capitol to use cash collateral during an emergency period on the condition that it not transfer assets to any entity owned by Mataya, Mataya provided false testimony before the court to conceal the fact that Indian Capitol was delivering fuel to Mataya’s Travel Plaza without payment in violation of the court’s order.

According to court documents, to disguise the illegal transfer of $265,380.00 of property from the bankruptcy estate of Indian Capitol to his other company, Mataya’s Travel Plaza, Mataya invented a company called Capitol Excavating.  Over the course of two hearings in the bankruptcy case, Mataya testified under oath that Capitol Excavating was a long-established account of Mataya’s Travel Plaza and that Capitol Excavating had turned to purchasing fuel from Indian Capitol after its bankruptcy filing.  The fiction of Capitol Excavating was exposed when one of the creditors hired an accountant and consultant to look into the financial affairs of Indian Capitol. After conducting an investigation of Capitol Excavating, the accountant and consultant testified in court that there was no company registered in either New Mexico or Colorado under the name of Capitol Excavating.

In entering his guilty plea, Mataya admitted falsely testifying because he knew that the court would not permit the transfer of fuel from Indian Capitol to Mataya’s Travel Plaza.  He also admitted falsifying invoices and bills of lading to conceal this unlawful transfer of assets.  He acknowledged that the total value of the fuel unlawfully transferred to Mataya’s Travel Plaza was $265,830.00.

This case was referred for prosecution by the office of the U.S. Trustee and was investigated by the Albuquerque Division of the FBI. The case was prosecuted by Assistant U.S. Attorney C. Paige Messec.

ALBUQUERQUE – Aaron Ortiz, 31, of Albuquerque, N.M., was sentenced today in federal court to 92 months in prison followed by three years of supervised release for violating the federal firearms laws.

Ortiz was arrested in June 2014, and charged in an indictment with unlawfully possessing a pistol with an obliterated serial number and ammunition.  At the time of his arrest, Ortiz was prohibited from possessing firearms or ammunition because he previously had been convicted of armed robbery.

On Jan. 20, 2015, Ortiz entered a guilty plea to the indictment without the benefit of a plea agreement.

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

ALBUQUERQUE – Victor Sanchez, Jr., 45, of Albuquerque, N.M., pleaded guilty this morning in federal court to heroin trafficking charges under a plea agreement with the U.S. Attorney’s Office.  Under the terms of his plea agreement, Sanchez will be sentenced to 60 months in prison followed by a term of supervised release to be determined by the court.

During today’s proceedings, Sanchez pled guilty to a felony information charging him with possession of heroin with intent to distribute.  In entering the guilty plea, Sanchez admitted that on Oct. 28, 2013, deputies of the Bernalillo County Sheriff’s Office executed a search warrant at his residence where they seized approximately 240 grams of heroin.  Sanchez further admitted that when deputies approached his residence he attempted to flush the heroin down a toilet but deputies entered the bathroom before he could do so.

Sanchez was remanded into the custody of the U.S. Marshalls Service pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaboration 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 – Nicholas Ray Leyba, 35, of Rio Rancho, N.M., pleaded guilty this morning 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.

Leyba was arrested on Feb. 5, 2015, by the Albuquerque Police Department following a SWAT operation involving another crime allegedly committed by Leyba.  At the time of his arrest, Leyba had a loaded firearm next to him.

Leyba was transferred into federal custody on Feb. 25, 2015, based on a criminal complaint alleging that he was a felon in possession of a firearm.  Leyba subsequently was indicted on Feb. 25, 2015, on that same charge.  At the time of his arrest, Leyba was prohibited from possessing firearms or ammunition because he previously had been convicted of the felony offenses of false imprisonment and aggravated assault against a household member with a firearm.

During today’s proceedings, Leyba pled guilty to the indictment and admitted possessing a firearm and ammunition on Feb. 5, 2015.

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

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case.

Leyba 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.

ALBUQUERQUE – Donald Norton, 46, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., pled guilty this afternoon in federal court in Albuquerque, N.M., to a felony information charging him with sexually abusing a minor child.  Under the terms of his plea agreement, Norton will be sentenced within the range of 15 to 25 years in prison followed by not less than five years of supervised release.  Norton will be required to register as a sex offender after completing his prison sentence.

Norton was arrested on Dec. 2, 2013, on an indictment alleging that he sexually abused the victim in Dec. 2009, and from May 2010 through Aug. 2010, in Indian Country in McKinley County, N.M.

During today’s change of plea hearing, Norton entered a guilty plea to an aggravated sexual abuse charge.  In entering his guilty plea, Norton admitted sexually molesting a child in Dec. 2009.  Norton committed the crime within the Navajo Indian Reservation.

Norton has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the Navajo Nation Division of Public Safety.  The case is being prosecuted by Assistant U.S. Jacob 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/.

ALBUQUERQUE – Elliot Sanchez, 46, of Cedar Crest, N.M., was sentenced today in federal court in Albuquerque, N.M., to 34 months in prison followed by three years of supervised release for violating the federal firearms laws.

Sanchez was arrested on June 17, 2014, on an indictment charging him with being a felon in possession of a firearm and ammunition on Feb. 1, 2014, in Bernalillo County, N.M.

On Feb. 27, 2015, Sanchez pled guilty to the indictment and admitted that on Feb. 1, 2014 he possessed a .45 caliber pistol and .45 caliber ammunition.  Sanchez admitted that at the time he was not supposed to be in possession of firearms or ammunition because he previously had been convicted of a felony.

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 Paul Mysliwiec prosecuted the case.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez released the following statement today regarding the fatal shooting of Gregg Benner, 49, a Police Officer with the Rio Rancho Police Department:

 “The fatal shooting of Officer Gregg Benner strikes at the very core of the values we hold dear.  Officer Benner was a committed and courageous public servant, dedicated to our community and was devoted to our security.  He exemplified the very best that our Country has to offer in the performance of his duties.  The thoughts and prayers of the law enforcement community are with Officer Benner’s family and loved ones throughout this difficult time.  As we go forward, the Department of Justice intends to honor his service and sacrifice by continuing to fight for our shared values, and defending the American people he proudly served.

 “The murder of this man is a devastating reminder that the work our brave police officers perform every day is extremely dangerous, profoundly heroic, and deeply deserving of our unequivocal support.  All Americans owe these courageous public servants a debt of gratitude.”

ALBUQUERQUE – Investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the Pecos Valley Drug Task Force have resulted in the filing of federal charges against six individuals who reside in southeastern New Mexico and a Texan.  Five of the seven defendants were arrested yesterday and made their initial appearances in federal court in Las Cruces, N.M., this morning.  The other two are in state custody and will be transferred to federal custody to face the charges against them.

Dessi Timothy Burton, 22, of Odessa, Texas, was arrested on a criminal complaint charging him with being a felon in possession of a firearm on Sept. 30, 2014, in Lea County.  The criminal complaint alleges that Burton unlawfully possessed firearms while attempting to sell a semi-automatic pistol, two semi-automatic rifles, a shotgun and ammunition to an undercover officer.  At the time Burton was prohibited from possessing firearms or ammunition because he previously had been convicted of child abuse and possession of a controlled substance.

Michael Gibson, 26, of Lovington, N.M., was arrested on a criminal complaint charging him with possession of methamphetamine with intent to distribute and using a firearm in furtherance of a drug trafficking crime in Lea County, N.M., in Sept. 2014.  The criminal complaint alleges that on Sept. 10, 2014, Gibson sold approximately two ounces of methamphetamine to another person on Sept. 10, 2014, in Hobbs, N.M.  Gibson allegedly displayed a handgun while negotiating the drug deal.

Shawn Hedgecock, 43, of Carlsbad, N.M., is charged in a criminal complaint with being a felon in possession of a firearm, and possession of an unregistered firearm with an obliterated serial number on Feb. 9, 2015, in Eddy County, N.M.  The criminal complaint alleges that on Feb. 9, 2015, officers went to Hedgecock’s residence for the purpose of executing state court warrants for Hedgecock’s arrest.  During a consensual search of the residence, the officers allegedly seized an unregistered sawed off shotgun and ammunition.  Hedgecock was prohibited at the time from possessing firearms or ammunition because he previously had been convicted of the following felony offenses:  possession of methamphetamine, possession of drug paraphernalia, concealing identity, and tampering with evidence.  Hedgecock is in state custody on other charges and will be transferred to federal custody to face the charges in the criminal complaint.

The criminal complaint against Jared Taylor Pendleton, 30, and Jasmine Tapia, 19, both of Hobbs, N.M., charges Pendleton with being a felon in possession of a firearm, and charges both Pendleton and Tapia with possession of a sawed-off shotgun in Lea County.  According to the criminal complaint, on Oct. 23, 2013, Tapia assisted Pendleton in selling an unregistered sawed-off shotgun to an undercover officer.  At the time, Pendleton was prohibited from possessing firearms or ammunition because he previously had been convicted of fraud and the unlawful taking of a vehicle.  Pendleton was arrested yesterday.  Tapia is in state custody on related charges and will be transferred to federal custody to face the charges in the criminal complaint.

Daniel Ramirez, 19, of Hobbs, N.M., was arrested on a criminal complaint charging him with possession of a firearm with an obliterated serial number and using a firearm in furtherance of a drug trafficking crime on Dec. 12, 2014, in Lea County.  The criminal complaint alleges that on Dec. 12, 2014, Ramirez was arrested for resisting officers and was found to be in possession of a semi-automatic handgun with an obliterated serial number, ammunition, approximately 11 ounces of cocaine, approximately 9.5 ounces of marijuana, and $420.00 cash.

Jestin White, 22, of Hobbs, N.M., was arrested on a criminal complaint charging him with possession of a controlled substance with intent to distribute on May 19, 2015, in Lea County.  The complaint alleges that from Sept. 4, 2014 through May 19, 2015, White sold approximately 411.1 grams of cocaine, a .22 caliber rifle and ammunition to undercover law enforcement.

If convicted of the charges against them, each of the defendants faces a statutory maximum of ten years in federal prison on the firearms charges.  If convicted on the narcotics charges against them, Gibson and White each faces a statutory maximum penalty of 20 years in federal prison.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

These cases were investigated by the Las Cruces and Roswell offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the Pecos Valley Drug Task Force with assistance from the 5th Judicial District Attorney’s Office.  The U.S. Marshals Service assisted in yesterday’s law enforcement operation.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted 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 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 two task forces are part of the New Mexico 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.

Today’s law enforcement action and arrests were undertaken 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. This initiative recognizes that on a per capita basis, New Mexico’s violent crime rates significantly exceed the national average.

ALBUQUERQUE – Emery Lee Begay, 31, of Lakeside, Ariz., pleaded guilty today in federal court in Albuquerque, N.M., to conspiracy to distribute methamphetamine in Socorro and Catron Counties, N.M.  Under the terms of his plea agreement, Begay will be sentenced to 60 months in federal prison followed by not less than three years of supervised release.

Begay and his co-defendant Jorge Luis Garcia-Valenzuela, 22, a Mexican national residing in Lakeside, Ariz., were arrested on Oct. 25, 2014, after they traveled to Quemado, N.M., with the intention of selling methamphetamine and marijuana to undercover officers.  According to the complaint, on Aug. 19, 2015, Begay delivered approximately 22.6 grams of methamphetamine and approximately three kilograms of marijuana to the undercover officers in Socorro, N.M., after Garcia-Valenzuela allegedly negotiated the drug deal with the officers.  The complaint also alleges that Garcia-Valenzuela and Begay were arrested on Oct. 25, 2014, in Quemado when they arrived to consummate a drug deal with the undercover officers.  The officers allegedly seized approximately 800 grams of methamphetamine and more than eight kilograms of marijuana when they arrested the two men.

Begay and Garcia-Valenzuela were subsequently indicted on Nov. 19, 2014, and charged with conspiracy to distribute methamphetamine and marijuana, distribution of methamphetamine and marijuana, and possession of methamphetamine and marijuana with intent to distribute.  According to the indictment, the offenses were committed between Aug. 19, 2014 and Oct. 25, 2014, in Socorro and Catron Counties.

During today’s proceedings, Begay pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute.  Begay has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

Garcia-Valenzuela has entered a plea of not guilty to the complaint and indictment.  He remains in federal custody pending his trial which is currently scheduled for July 2015.  If convicted on the charges in the indictment, Garcia-Valenzuela faces a statutory mandatory minimum of ten years and a maximum of life in prison.  Charges in indictments and complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque and Gallup offices of the FBI, the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Ramah Navajo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – Richard A. Archuleta, 38, of Rio Rancho, N.M., pleaded guilty today to being a felon in possession of firearms and ammunition.  Under the terms of the plea agreement, the United States will recommend that Archuleta be sentenced to not more than eight years in federal prison.

Archuleta was arrested in Aug. 2014, based on an indictment filed on Sept. 25, 2013, charging him with unlawfully possessing firearms and ammunition on June 3, 2013, in Bernalillo County, N.M.  The indictment subsequently was superseded on Oct. 7, 2014, to include an additional charge of being a felon in possession of firearms and ammunition on Aug. 7, 2014, in Bernalillo County.  According to court filings, Archuleta was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery, attempted kidnapping, false imprisonment, and failure to register as a sex offender.

During today’s proceedings, Archuleta pled guilty to unlawfully possessing a firearm and ammunition on June 3, 2013.  In entering the guilty plea, Archuleta admitted possessing a firearm and ammunition in the console of the vehicle he was driving when he was stopped by officers on June 3, 2013.  He acknowledged that as a convicted felon, he was prohibited from possessing either the firearm or the ammunition.

Archuleta 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorney David M. Walsh is prosecuting this case.

ALBUQUERQUE – Mario A. Oros, 32, of Las Cruces, N.M., pleaded guilty today in federal court in Las Cruces to methamphetamine trafficking charges.

Oros was arrested on Feb. 20, 2015, on an indictment charging him with distributing methamphetamine on Sept. 5, 2014 and Sept. 12, 2014, in Doña Ana County, N.M.  The indictment also calls for Oros to forfeit $3,000.00, representing the amount of money he derived from the drug trafficking offenses.

During today’s proceedings, Oros pled guilty to a felony information charging him with two counts of distributing methamphetamine.  Oros admitted that on Sept. 5, 2014, he sold approximately 28 grams of methamphetamine to an undercover law enforcement agent for $1,000.00.  He also admitted selling approximately 54 grams of methamphetamine to an undercover law enforcement agent for $2,000.00on Sept. 12, 2014.  Oros admitted committing these offenses in Mesilla Park, N.M.

At sentencing, Oros faces a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release.  He will also be required forfeit $3,000.00.  Oros remains detained pending a sentencing hearing which has yet to be scheduled.

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

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 – Hunter Dwayne Fitzgerald, Jr., 22, of Los Angeles, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.

Fitzgerald was arrested on April 11, 2014, at the Amtrak Train Station in Albuquerque after DEA agents found almost a pound and a half of heroin concealed in her baggage during an interdiction investigation.  Fitzgerald was subsequently indicted on May 7, 2014, and charged with possession of heroin with intent to distribute on April 11, 2014, in Bernalillo County, N.M.

During today’s proceedings, Fitzgerald pled guilty to the indictment without the benefit of a plea agreement.

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

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

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

ALBUQUERQUE – Two defendants in a six-defendant case have entered guilty pleas to defrauding the federal food stamp program.  Justin Quintana, 29, of Rio Rancho, N.M., plead guilty yesterday and Wilfredo Lopez, 46, of Albuquerque, N.M., entered his guilty plea earlier today.  A third defendant, Joshua Moya, 33, also of Albuquerque, entered a guilty plea and was sentenced earlier this year.

 Quintana and Lopez were among six defendants charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014.  The indictment alleged that between Sept. 2009 to May 2010, Joseph Martin Padilla, 33, conspired with Quintana, Lopez, Sergio Escobedo, 36, and Veronica Hernandez, 41, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits.  During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department where he allegedly was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.

According to the indictment, SNAP is funded by the U.S. Department of Agriculture and is administered by the States.  The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households.  In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of the New Mexico Human Services Department.  Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.

Count 1 of the indictment alleges that Padilla abused his position as a Family Assistance Analyst to conspire with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits.  It alleges that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value.  Count 2 alleges that Padilla established a fraudulent SNAP account and used the account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself.  Counts 3 through 27 of the indictment allege that Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits.  Counts 28 through 32 allege that Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.

Yesterday Quintana pled guilty to Count 30 of the Indictment, and admitted meeting Padilla through co-defendant Moya and knowing that Padilla had the ability to register people to receive food stamps.  Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully.  Quintana obtained $486.00 in SNAP benefits through his illegal conduct.  He also received a fee for collecting SNAP applications from six other people and delivering the completed applications to Padilla for the purpose of assisting them in obtaining SPA benefits unlawfully.  Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of approximately $9,384.00.

Today Lopez entered a guilty plea to Count 32 of the indictment and admitted completing fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals.  Lopez paid $100.00 to process each of the applications.  He acknowledged that his criminal conduct caused a total monetary loss to the U.S. Department of Agriculture of approximately $8,382.00.  Under the terms of the plea agreements, Quintana and Lopez each face up to six months in prison when they are sentenced.  Each will be required to pay restitution.  Their sentencing hearings have yet to be scheduled.

On March 9, 2015, Moya pled guilty to Count 31 of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled.  Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps.  Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits.  Moya admitted unlawfully receiving $866.00 in SNAP benefits.  Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits.  On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release.  Moya also was ordered to pay $2,444.00 in restitution.

Padilla, Escobedo and Hernandez have entered not guilty pleas to the charges in the indictment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture, and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, announced today that Stephanie Pyle, 40, of Albuquerque, N.M., pleaded guilty to federal fraud and identity theft charges.

Pyle was charged on Feb. 10, 2015, in a 12-count indictment alleging that between Jan. 2010 and May 2014, Pyle used credit cards and account numbers in the name of a construction company without authorization and with the intent to defraud the company.  Counts 1 through 6 of the indictment charged Pyle with defrauding the company of approximately $1,531,124.00 during a five-year period.  Counts 6 through 12 of the indictment charged Pyle with using the identity of another person to commit the fraudulent acts charged in Counts 1 through 6.  At the time of the offenses charged in the indictment, Pyle was employed as the comptroller for the Albuquerque-based construction company that was the victim of Pyle’s criminal conduct.

Today Pyle pled guilty to Counts 1 and 7 of the indictment.  In her plea agreement, Pyle admitted that while working as the comptroller for the company that was the victim of her criminal conduct, she obtained a credit card in her name that was linked to a credit card account in the name of one of the co-owners of the company.  Pyle changed the address on the account to reflect her home address so that her employer would not see the statements of expenditures made on the credit card.  Using her position as comptroller, Pyle arranged for the company to pay off the credit card balances on a frequent basis.  Pyle admitted making thousands of personal charges and purchases on the credit card that she was not authorized to make.  She also admitted using the name and credit card account of her employer without authorization to facilitate her criminal conduct.   

At sentencing, Pyle faces a statutory maximum penalty of ten years in prison for her conviction on Count 1 of the indictment, an access device fraud charge.  She also faces a mandatory two years in prison that must be served consecutive to any sentence imposed on Count 1 for her conviction on Count 7, an aggravated identity theft charge.  Pyle also will be required to pay restitution in an amount to be determined by the court which is currently estimated at $2,409,910.00.

 The case was investigated by the Albuquerque office of HSI and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.

ALBUQUERQUE – Two Mexican nationals were arrested on May 15, 2015, after U.S. Border Patrol agents allegedly found large quantities of cocaine in their vehicles during separate routine inspections at the U.S. Border Patrol Checkpoint on Interstate 25 north of Las Cruces, N.M.  J. Cesar Magallanes-Trejo, 46, and Roberto Rodriguez-Ponce, 28, made their initial appearances in Las Cruces federal court earlier today on separate criminal complaints charging them with possession of cocaine with intent to distribute.  Both men remain in custody pending detention hearings which have yet to be scheduled.

The criminal complaint charging Magallanes-Trejo alleges that U.S. Border Patrol agents found approximately 11 kilograms (24 pounds) of cocaine concealed in his vehicle during a routine checkpoint inspection.   According to a separate criminal complaint, Rodriguez-Ponce was arrested after U.S. Border Patrol agents found approximately 4.8 kilograms (ten and a half pounds) of cocaine concealed in a hidden compartment in his vehicle.

If convicted of the charge in his criminal complaint, Magallanes-Trejo faces a statutory mandatory minimum of ten years and a maximum of life imprisonment.  If convicted of the charge against him, Rodriguez-Ponce faces a statutory mandatory minimum of five years and a maximum of 40 years in prison.  Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

Both cases were investigated by the U.S. Border Patrol and the Las Cruces office of the DEA.  The two cases are being prosecuted by the U.S. Attorney’s Las Cruces Branch Office; the Magallanes-Trejo case is being prosecuted by Assistant U.S. Attorney Luis A. Martinez and the Rodriguez-Ponce case is being prosecuted by Special Assistant U.S. Attorney Clara Nevarez Cobos.

ALBUQUERQUE – Rachel Chavez Basurto, 53, of Grants, N.M., was sentenced this morning to 51 months in federal prison followed by three years of supervised release for her conviction on heroin and methamphetamine trafficking charges.  Basurto also was ordered to pay a $13,133.33 fine.

Basurto was arrested in March 2013, on a criminal complaint charging her with heroin and methamphetamine trafficking charges.  Basurto subsequently was indicted and charged with possession of heroin with intent to distribute and possession of methamphetamine with intent to distribute.  According to court filings, Basurto was arrested on March 5, 2013, after law enforcement officers executed a consensual search at her residence and seized 94.1 net grams of heroin, 11.5 grams of actual methamphetamine, drug trafficking paraphernalia, and more than $28,000 in cash.

Basurto entered a guilty plea to the two-count indictment on March 4, 2014, without the benefit of a plea agreement.

On March 22, 2014, only eighteen days after Basurto entered her guilty plea in this case and while she was on conditions of release pending her sentencing hearing, Basurto sold heroin to an individual who was working under the supervision of the Grants Police Department.  On March 27, 2014, Basurto again sold heroin to the same individual.  Thereafter, Basurto’s conditions of release were revoked and she has been in federal custody since that time.

This case was investigated by the Albuquerque office of the DEA and the Grants Police Department and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and Linda Mott.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaboration 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 – Derek D. Smith, 32, of Sanostee, N.M., was sentenced today in federal court in federal court in Albuquerque, N.M., to a two-year term of probation for embezzling money from an Indian tribal organization.  Smith also was ordered to pay $11,656.22 in restitution to the victims of his criminal conduct.

Smith pled guilty on Feb. 3, 2015, to a felony information charging him with embezzlement and theft from an Indian tribal organization.  According to the information, Smith and co-defendant Theada Hunt, 44, of Newcomb, N.M., embezzled $11,656.22 which belonged to the Navajo Nation.  It asserted that Smith and Hunt perpetrated their embezzlement scheme between April 2012 and July 2012, in San Juan County, N.M.

According to the plea agreement, Smith was employed as a laborer by the Sanostee Chapter House at the time he collaborated with Hunt to embezzle money belonging to the Navajo Nation.  Smith admitted that Hunt provided him with forged checks made payable to Smith.  Hunt then accompanied Smith when he cashed the checks, and Hunt and Smith split the proceeds.

Hunt, also a former employee of the Sanostee Chapter House, pled guilty on Dec. 22, 2014, and was sentenced on May 8, 2015, to a two-year term of probation.  Hunt was ordered, jointly with Smith, to pay $11,656.22 in restitution to the Navajo Nation.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE – Jovan Martinez, 29, of Albuquerque, N.M., entered a guilty plea today in federal court to methamphetamine trafficking and firearms charges.  Under the terms of his plea agreement with the U.S. Attorney’s Office, Martinez will be sentenced to 12 years in prison followed by a term of supervised release to be determined by the court.

Martinez was charged in a criminal complaint on June 17, 2014, with being a felon in possession of a firearm and ammunition.  According to the complaint, Martinez was arrested by the Albuquerque Police Department (APD) for stealing a bait vehicle, and found to be 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.

During today’s proceedings, Martinez pled guilty to a 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 which he had obtained by trading $80.00 cash and some methamphetamine for the firearm.  Martinez further admitted that he distributed the methamphetamine which was found in his possession.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD.  Assistant U.S. Attorneys Lynn Wei-Yu Wang and Presiliano Torrez are prosecuting the case.

ALBUQUERQUE – Rosalie Theresa Ollivierre, 31, of Baltimore, Md., pleaded guilty this morning in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Ollivierre was arrested on Jan. 12, 2015, at the Amtrak Train Station in Albuquerque after a consensual search of her baggage by DEA agents revealed that she was carrying approximately five kilograms of heroin.  Ollivierre subsequently was indicted on Feb. 10, 2015, and charged with possession of heroin with intent to distribute.

During today’s proceedings, Ollivierre pled guilty to a felony information charging her with possession of heroin with intent to distribute.  In entering the guilty plea, Ollivierre admitted that on Jan. 12, 2015, while traveling to Baltimore on an Amtrak train and during a stop in Albuquerque, DEA agents recovered bundles containing approximately five kilograms of heroin from her baggage.

At sentencing, Ollivierre faces a statutory maximum penalty of 20 years in federal prison.  Ollivierre 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 – Eric G. Acosta, 28, a resident of Las Cruces, N.M., pled guilty today in federal court to methamphetamine trafficking and firearms charges.

 Acosta and co-defendant Christopher J. Cleveland, 35, also of Las Cruces, were arrested in July 2014, on a criminal complaint charging them with possession of methamphetamine with intent to distribute, using a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon.  The complaint alleged that during a routine traffic stop on June 23, 2014, officers of the Las Cruces Police Department discovered approximately 889.2 grams of methamphetamine, a firearm and drug paraphernalia inside a vehicle driven by Acosta and in which Cleveland was a passenger.  It further alleged that Cleveland and Acosta had traveled from Arizona, where they obtained the methamphetamine, to Las Cruces in Doña Ana County, N.M., where they intended to distribute the drugs.

An indictment subsequently was filed on Oct. 16, 2014, charging Acosta and Cleveland with a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute.  The indictment also charged each of the two men with being a felon in possession of a firearm.  The two men were charged with committing these crimes on June 23, 2014, in Doña Ana County.  At the time, Acosta and Cleveland each was prohibited from possessing firearms or ammunition because each had previously been convicted a felony offense.

During today’s proceedings, Acosta pled guilty to the conspiracy charge, the substantive methamphetamine trafficking charge, and to being a felon in possession of a firearm.  At sentencing, he faces a statutory mandatory minimum of ten years in federal prison.  Acosta remains in custody pending his sentencing hearing, which has yet to be scheduled.

Cleveland has entered a not guilty plea to the indictment and remains in custody pending trial.  Allegations in complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.

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 – Eric Leo Alexander, 37, of Anaheim, Calif., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA).  The sentence was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.

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

Alexander was arrested in Anaheim, Calif., on Jan. 10, 2014, on a criminal complaint charging him with violating SORNA by failing to register as a sex offender after traveling in interstate commerce.  Alexander subsequently was transferred to New Mexico to face the charges in this case.  According to the indictment, which was filed on May 14, 2014, Alexander violated SORNA by failing to register as a sex offender in Doña Ana County, N.M., between Sept. 1, 2013 and Sept. 23, 2013.

Trial against Alexander began Sept. 15, 2014, and concluded the next day when the jury returned a verdict of guilty on the sole count of the indictment.  The evidence at trial established that the U.S. Marshals Service initiated an investigation into Alexander in late Sept. 2013, after California authorities requested their assistance in locating and apprehending Alexander.  The California authorities reported that Alexander, a fugitive who had violated the conditions of his probation, was believed to be residing in Las Cruces.

Through investigation, the U.S. Marshals Service learned that Alexander’s criminal history included a 2012 conviction for sexually assaulting a minor for which he was sentenced to four years in a California state prison.  After he was convicted, Alexander was twice informed of his requirements to register as a sex offender.  Alexander also signed forms acknowledging that he was required to register as a sex offender for the rest of his life and update his registration annually.  Although Alexander registered as a sex offender in California after he was released from prison in Aug. 2013, he then traveled to Las Cruces without informing the California authorities of his intention to leave.

The U.S. Marshals Service’s investigation revealed that as of Sept. 23, 2013, Alexander had been living at a Las Cruces residence with a woman and her two children for three weeks.  It also revealed that Alexander had not registered with the Doña Ana County Sheriff’s Department within three days of moving to New Mexico as required by SORNA.

U.S. Attorney Damon P. Martinez praised the efforts of the U.S. Marshals Service in the investigation and the prosecution of the case.  He also thanked the Doña Ana County Sheriff’s Department, Tustin (Calif.) Police Department and Santa Ana (Calif.) Police Department for their assistance in the investigation.

The case was prosecuted by Assistant U.S. Attorneys Amanda Gould and Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Mark Herrera, 29, of Rio Rancho, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 70 months in prison followed by three years of supervised release for his conviction on heroin trafficking and firearms charges.

Herrera was arrested in Aug. 2014, on a criminal complaint after officers executed federal search warrants on his vehicle and residence and seized more than seven ounces of heroin, marijuana, approximately $5,000.00 in cash, a firearm and ammunition, and drug paraphernalia.  In his post-arrest statement, Herrera told the officers that he sold six to eight ounces of heroin every two to three days, and that he used a firearm for protection.

On Feb. 13, 2015, Herrera pled guilty to a two-count felony information charging him with being a felon in possession of a firearm and ammunition and possession of heroin with intent to distribute.  In entering the guilty plea, Herrera admitted that when he was arrested on Aug. 1, 2014, he possessed approximately seven ounces of heroin, drug paraphernalia, $5,000.00 in cash, and a loaded semi-automatic pistol.  At the time of his arrest, Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and escape in Colorado.

This case was investigated by the Albuquerque offices of the ATF and the DEA and the Rio Rancho Police Department.  Assistant U.S. Attorney Presiliano Torrez prosecuted 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 collaboration 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 – Richard Archuleta, 33, of Bloomfield, N.M., was sentenced today in federal court in Albuquerque, N.M., to 51 months in federal prison followed by three years of supervised release for his drug trafficking conviction.  Archuleta was also ordered to forfeit 64 firearms seized from his residence pursuant to a search warrant.

Archuleta was one of 29 individuals charged with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico.  The investigation originally culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force.  Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.

The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013.  The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints.  During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms.  The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield.  It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence.  Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.

On Sept. 12, 2014, Archuleta pled guilty to conspiracy to distribute a controlled substance.  In entering the guilty plea, Archuleta admitted that from May 28, 2013 through Sept. 25, 2013, he and his co-defendants conspired to distribute methamphetamine in San Juan County.  Under the terms of his plea agreement, Archuleta was ordered to forfeit 31 rifles, 22 pistols, eight shotguns, two revolvers, firearm magazines and all ammunition that was seized by law enforcement from Archuleta’s residence on Feb. 26, 2014.

The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department.  Assistant U.S. Attorney Reeve L. Swainston is prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.

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

ALBUQUERQUE – Michael V. Tenorio, 23, a member and resident of San Felipe Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assaulting his intimate partner.  Under the terms of his plea agreement, Tenorio will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court.

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 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.

During today’s proceedings, 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 is being 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 – Terry Lynn Little Jr., 33, of Hagerman, N.M., was sentenced today in federal court in Las Cruces, N.M., to ten years in federal prison followed by three years of supervised release for being a felon in possession of a firearm.

Little was arrested in Oct. 2013, on a criminal complaint charging him with possession of firearms and ammunition in Eddy County, N.M.  At the time, Little was prohibited from possessing firearms or ammunition because previously he had been convicted of felony offenses including criminal sexual penetration, aggravated assault with a deadly weapon, aggravated battery resulting in great bodily harm, and failure to register as a sex offender.  Little subsequently was indicted on Jan. 22, 2014, and charged with being a felon in possession of a firearm and possession of a firearm with an obliterated serial number.

Little pled guilty on April 3, 2014, to Count 1 of the indictment charging him with being a felon in possession of a firearm.  Little admitted that on Sept. 29, 2013, he possessed a shotgun despite knowing that he was prohibited from possessing a firearm due to his status as a convicted felon.

This case was investigated by the Las Cruces and Roswell offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Sheriff’s Office.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

Little 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.

ALBUQUERQUE – Two residents of La Puente, Calif., were sentenced today in federal court in Las Cruces, N.M., for convictions on methamphetamine trafficking charges.  Mario Llantada, 51, was sentenced to 168 months in prison followed by five years of supervised release, and Martin Llantada, 42, was sentenced to 121 months in federal prison followed by five years of supervised release.

Mario Llantada and Martin Llantada were indicted on March 19, 2014, and charged with conspiracy to distribute methamphetamine.  The three-count indictment also charged Mario Llantada with money laundering and using a communication device in furtherance of a drug trafficking crime.  On Aug. 14, 2014, the indictment was superseded to add a fourth count, possession of methamphetamine with intent to distribute, against Mario Llantada.

The indictments charged the defendants with participating in a conspiracy to distribute methamphetamine from Los Angeles, Calif., to Doña Ana County, N.M.  As part of that conspiracy, between March 4, 2014 and March 21, 2014, the defendants, who were in California, conspired with each other to sell approximately four pounds of methamphetamine to an undercover FBI agent in Doña Ana County.  The defendants were arrested on March 21, 2014, and have been in federal custody since that time.

Mario Llantada pled guilty on Sept. 23, 2014, to the four counts of the superseding indictment without the benefit of a plea agreement.  His co-defendant, Martin Llantada pled guilty to conspiracy to distribute an aggregate of four pounds of methamphetamine in Doña Ana County.

This case was investigated by the Las Cruces office of the FBI, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the San Bernardino Police Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

The HIDTA Regional Interagency Drug Task Force/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 – Hugh H. Poncho, 27, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to eight months in prison followed by one year of supervised release for assaulting his intimate partner.

Poncho was arrested on Sept. 15, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation.  According to the complaint, on Sept. 11, 2014, officers of the Acoma Pueblo Tribal Police Department responded to a call reporting an assault occurring on Acoma Pueblo in Cibola County, N.M.  The complaint alleged that Poncho assaulted the victim, an Acoma Pueblo woman, by punching, kicking, head-butting and strangling her.

On March 3, 2015, Poncho entered a guilty plea to a felony information and admitted assaulting the victim by pushing her and causing her to fall.  Poncho also admitted kicking the victim on her legs, punching her in the face, and head-butting her in the forehead.   Poncho acknowledged that the victim sustained temporary but substantial injuries as a result of the assault.

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

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—Gabriel Chavez, 32, a non-Indian residing in Isleta Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison followed by ten years of supervised release.  Chavez was also ordered to pay $1,050.00 in restitution.  Chavez will be required to register as a sex offender after completing his prison sentence.

 Chavez was arrested on July 29, 2014, on a five-count indictment alleging that he sexually abused two Indian children between Aug. 2012 and July 2013, in Isleta Pueblo in Bernalillo County, N.M.   Counts 1 through 3 charged Chavez with abusive sexual contact involving a child victim between the age of 12 and 16 years.  Counts 4 and 5 charged Chavez with abusive sexual contact involving a second child victim under the age of 12 years.

On Jan. 28, 2015, Chavez entered a guilty plea to Count 1 of the indictment charging him with abusive sexual contact involving a child victim between the age of 12 and 16 years.  Chavez admitted engaging in sexual contact with the child victim which included touching the victim’s genitals and other parts of her body.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department.  The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson 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—Malik S. Williams, 32, of Bronx, N.Y., was sentenced this morning in federal court in Albuquerque, N.M., to 105 months in federal prison followed by five years of supervised release for his cocaine trafficking conviction.

Williams was arrested on Sept. 19, 2014, at the Amtrak train station in Albuquerque after DEA agents learned that Williams had concealed bundles containing more than three kilograms of cocaine in his luggage.  Williams was subsequently indicted on Oct. 7, 2014, and charged with possession of cocaine with intent to distribute.

Williams entered a guilty plea to the indictment on Nov. 19, 2014, and admitted possessing and transporting three bundles of cocaine that were concealed inside the bottom liner of his suitcase.

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 Presiliano Torrez prosecuted the case.

ALBUQUERQUE – Leon J. Tafoya, 19, a member and resident of Santa Clara Pueblo, N.M., pleaded guilty in federal court in Albuquerque, N.M., this morning to assault charges.  Under the terms of his plea agreement, Tafoya will be sentenced within the range of five to seven years in federal prison.

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 while in Santa Clara Pueblo in Rio Arriba County, N.M.  According to the criminal complaint on Sept. 7, 2014, officers of the Santa Clara Pueblo Tribal Police Department responded to a call reporting an assault.  Tafoya was arrested after stabbing another member of the Santa Clara Pueblo Tribe three times and assaulting a tribal police officer who was responding 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.

During today’s change of plea hearing, 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.  Tafoya admitted that on Sept. 7, 2014, in Rio Arriba County 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.

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

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

ALBUQUERQUE – Jim Walter Qualls Jr., 28, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to child exploitation charges.  The plea was entered without the benefit of a plea agreement.  The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas.

Qualls was arrested on child pornography charges on July 31, 2014, based on a criminal complaint charging him with receipt and distribution of child pornography, possession of child pornography and enticement of a minor to engage in any sexually explicit conduct for the purpose of producing visual depiction of such conduct.  The criminal conduct occurred between Oct. 2013 and Feb. 2014, in Chaves County, N.M.  According to the criminal complaint, HSI agents from Las Cruces, N.M., executed a search warrant on Qualls’ residence after the location was identified by law enforcement as having an internet protocol (IP) associated with uploaded images of child pornography to the internet.  HSI agents confiscated Qualls’ cell phone which allegedly contained visual depictions of minors engaged in sexual activity.

Qualls subsequently was indicted on Oct. 16, 2014, and charged with four counts of persuading and enticing a minor child to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct and transporting those images through the internet.

During today’s proceedings, Qualls pled guilty to the indictment.  At sentencing, Qualls faces a statutory mandatory minimum of 15 years and a maximum of 30 years in federal prison on each of the four counts in the indictment.  If the court determines that Qualls’ criminal history includes a prior conviction for a sexual offense, Qualls faces a statutory mandatory minimum of 25 years and maximum of 50 years of imprisonment on each count of the indictment.  Qualls remains in custody pending a sentencing hearing which has yet to be scheduled.  Qualls will be required to register as a sex offender after completing his term of imprisonment.

“The United States Attorney’s Office, together with our federal, state, local and tribal partners, will continue to prioritize cases involving the exploitation of children,” U.S. Attorney Damon P. Martinez said today.  “Those dedicated to investigating and prosecuting crimes against children will continue to search out those individuals who traffic in this obscene material and bring them to justice.”

“Investigations such as these underscore HSI's resolve to engaging our law enforcement partners to search out predators who sexually exploit young children,” said Waldemar Rodriguez, Special Agent in Charge of HSI El Paso.
This case was investigated by the Las Cruces office of HSI and the Roswell Police Department. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.

The case was 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/.

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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Three brothers, all naturalized U.S. citizens from Armenia, entered guilty pleas in Albuquerque, N.M., to conspiring with each other to defraud the United States of corporate income tax due and owing from their jointly owned business, announced U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.

Hrant Kostanian, 51, Hrair Kostanian, 55, and Gayk Kostanian, 59, were indicted on Sept. 23, 2014, and charged with one count of conspiracy and four counts of tax evasion.  Count 1 of the indictment charged the three brothers with conspiracy to defraud the United States of corporate taxes owed on income generated by Pro Billiards, Inc., a New Mexico corporation jointly owned by the brothers that does business as “Billiards Palace” in northeast Albuquerque.   The conspiracy count also alleges that the Kostanians also evaded personal income tax due and owing on their personal incomes.  The brothers are charged with evading approximately $263,600.00 in corporate taxes during tax years 2007, 2008, 2009 and 2010.  More specifically, the Kostanians evaded federal taxes owed by their business by underreporting their income as follows:

Count 2 charges the Kostanians with evading $58,834.00 in federal taxes by falsely claiming that their business had $694,293.00 in taxable income in 2007 when in fact it had $906,003.00 in taxable income that year. Count 3 charges the brothers with evading $25,521.00 in federal taxes by falsely claiming that their business had $624,034.00 in taxable income in 2008 when in fact it had $773,289.00 in taxable income that year.  Count 4 charges them with evading $33,810.00 in federal taxes by falsely claiming that their business had $543,224.00 in taxable income in 2009 when in fact it had $684,694.00 in taxable income that year.  Count 5 charges the Kostanians with evading $10,485.00 in federal taxes by falsely claiming that their business had $476,439.00 in taxable income in 2010 when in fact it had $773,289.00 in taxable income that year.

According to the indictment, the Kostanians perpetuated their fraud against the United States by maintaining false books and records for their business in order to conceal their actual corporate income.  The brothers presented the false books and records to their corporate accountant, which caused their accountant to file false corporate income taxes with the IRS.  The indictment also stated that the Kostanians diverted the unreported income to their own personal use and maintained a separate accounting ledger that showed their business’s actual income.

Today, the Kostanians each entered a guilty plea to Count 1 of the indictment.  In their plea agreements, the brothers admitted conspiring with each other to defraud the United States by obstructing the IRS’s ability to collect corporate income taxes owed by their business.  Each admitted that they maintained false books and records that they presented to their corporate accountant for use in preparing the business’s income taxes for 2007, 2008, 2009 and 2010.  They also admitted maintaining a separate accounting ledger that showed their business’s actual income.  The conspiracy was discovered in Jan. 2011 and Feb. 2011, when Hrair Kostanian and Gayk Kostanian discussed the prospect of selling the business with undercover IRS agents and revealed that the business generated more income than reflected on the business’s corporate tax returns.  On Feb. 23, 2011, Hrair and Gayk Kostanian showed the undercover IRS agents documents that detailed the business’s additional, unreported income.

In their plea agreements, all three brothers admitted that they evaded an aggregate of $263,600.00 in federal corporate taxes for tax years 2007 through 2010, by intentionally understating their business’s income.  In addition, each of the Kostanians admitted evading his own taxes during that same period by understating his personal income.  To that end, Hrant Kostanian admitted evading $33,312.00 in individual taxes; Hrair Kostanian admitted evading $20,386.00 in individual taxes; and Gayk Kostanian admitted evading $16,059.00 in individual taxes.

At sentencing, each of the Kostanian brothers faces a statutory maximum sentence of five years in prison and a fine of $250,000.00.  Under their plea agreements the Kostanians will be required jointly to pay $263,600.00 in restitution to the IRS.  In addition, the brothers will be required to pay restitution to the IRS as follows:  Hrant Kostanian, $33,312.00; Hrair Kostanian, $20,386.00; and Gayk Kostanian, $16,059.00.  Sentencing hearings have yet to be scheduled.

This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.

ALBUQUERQUE – Joshua Moya, 33, of Albuquerque, N.M., was sentenced this morning in federal court to six months in prison, or time served, followed by three years of supervised release for defrauding the Supplemental Nutrition Assistance Program, more commonly known as the “Food Stamp” Program.  Moya also was ordered to pay $2,444.00 in restitution.

Moya is one of six Albuquerque residents charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014.  The indictment alleged that between Sept. 2009 to May 2010, Joseph Martin Padilla, 33, conspired with Moya, Sergio Escobedo, 36, Veronica Hernandez, 44, Justin Quintana, 28, and Wilfredo Lopez, 46, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits.  During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department where he allegedly was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.

According to the indictment, SNAP is funded by the U.S. Department of Agriculture and is administered by the States.  The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households.  In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of the New Mexico Human Services Department.  Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.

Count 1 of the indictment alleges that Padilla abused his position as a Family Assistance Analyst to conspire with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits.  It alleges that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value.  Count 2 alleges that Padilla established a fraudulent SNAP account and used the account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself.  Counts 3 through 27 of the indictment allege that Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits.  Counts 28 through 32 allege that Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.

On March 9, 2015, Moya entered a guilty plea to Count 31 of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled.  In his plea agreement, Moya admitted that in early Dec. 2009, Padilla approached him while he was working in an Albuquerque barber shop and provided him with an application to obtain food stamps.  Moya admitted knowing that Padilla worked for the State of New Mexico and had the ability to register him for SNAP benefits.  Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits.  Moya admitted unlawfully receiving $866.00 in SNAP benefits.  Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits.

Padilla and his four remaining co-defendants have entered not guilty pleas to the charges in the indictment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture, and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan. 

ALBUQUERQUE – Darmarvis Marquel Lee, 30, of San Bernardino, Calif., pleaded guilty this morning in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Lee was arrested on Aug. 22, 2014, at the Amtrak Train Station in Albuquerque after a consensual search of his baggage by DEA agents revealed that he was carrying approximately 2.28 kilograms of heroin concealed in a false compartment. Lee subsequently was indicted on Sept. 9, 2014, and charged with possession of heroin with intent to distribute.

During today’s proceedings, Lee pled guilty to the indictment.  In his plea agreement, Lee admitted that on Aug. 22, 2014, while on an Amtrak train and during a stop in Albuquerque, law enforcement officers recovered two wrapped bundles containing heroin from his baggage. Lee admitted that he was paid to transport and deliver the drugs.

At sentencing, Lee faces a maximum statutory penalty of 20 years in federal prison.  Lee was remanded into federal custody after entering his guilty plea.  He remains detained pending his 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 Rumaldo Armijo is prosecuting the case.

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

ALBUQUERQUE – Angel Guadalupe Ochoa, 38, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in federal prison followed by four years of supervised release for his methamphetamine trafficking and firearms convictions.

Ochoa was arrested on Feb. 28, 2014, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Eddy County, N.M., on Feb. 20, 2014.  He subsequently was indicted on May 14, 2014.

The four- count indictment charges Ochoa with distribution of methamphetamine, possession of methamphetamine with intent to distribute, possession of a firearm in relation to a drug trafficking crime, and being a felon in possession of firearms. At the time of his arrest, Ochoa was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of methamphetamine and distribution of marijuana.

Ochoa pled guilty to the indictment on July 7, 2014, and admitted that on Feb. 20, 2014, he sold approximately one ounce of methamphetamine to another person in Carlsbad, N.M.  Ochoa also admitted that on Feb. 28, 2014, agents executed a search warrant at his residence where they located approximately two ounces of methamphetamine and three firearms, and that at the time of his arrest he was prohibited from possessing a firearm and ammunition because he previously had been convicted of a felony.

This case was investigated by the Las Cruces office of the DEA, the New Mexico State Police and the Pecos Valley Drug Task Force, and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – Anthony Barela, 56, of Albuquerque, N.M., was sentenced today in federal court to 15 years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.

Barela 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.

Barela was arrested in Nov. 2013, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Nov. 9, 2013, in Bernalillo County, N.M.  According to the criminal complaint, officers of the Albuquerque Police Department apprehended Barela at a home in northwest Albuquerque when they responded to a call reporting a residential burglary.  When the officers arrived at the residence and encountered Barela, he indicated that he had a pistol in his pocket which he admitted taking from the residence.  At the time, Barela was prohibited from possessing firearms or ammunition because he previously had been convicted of armed bank robbery in the U.S. District Court for the District of New Mexico and armed robbery with a deadly weapon in the 2nd Judicial District Court for the State of New Mexico in Bernalillo County. 

Barela was indicted for unlawfully possessing a firearm and ammunition on Dec. 4, 2013.  On Sept. 24, 2014, Barela admitted that he possessed a pistol and ammunition on Nov. 9, 2013, and that he was prohibited from doing so because he was a convicted felon.

This case was investigated by the Albuquerque offices of the Drug Enforcement Administration and 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 Jack Burkhead prosecuted the case.

ALBUQUERQUE – Andres Salinas, 20, of Albuquerque, N.M., pled guilty today in federal court to possessing child pornography.  Under the terms of his plea agreement, Salinas will be sentenced within the range of four to six years in prison followed by not less than 15 years of supervised release.  He also will be required to register as a sex offender after completing his term of imprisonment.

Salinas was arrested by Homeland Security Investigations (HSI) agents on Sept. 4, 2014, and charged in a criminal complaint with receipt and possession of visual depictions of minors engaged in sexually explicit conduct.  Salinas subsequently was indicted on Sept. 23, 2014, on the same charges.

Court filings reflect that HSI initiated an investigation into Salinas in July 2014, after receiving a referral from the New Mexico Office of the Attorney General, which is a member of the New Mexico Internet Crimes Against Children (ICAC) Task Force.  In July 2014, investigators identified an IP address that was being used to download and share child pornography.  Subsequent investigation revealed that the IP address was subscribed to the residence in which Salinas lived. In Sept. 2014, investigators interviewed Salinas at his residence and he admitted that he had used the file sharing network to download images and videos consistent with child pornography and child erotica.  Investigators seized computers, a video recorder, a cellular phone and computer-related media that contained child pornography after learning that Salinas regularly used the computer while he lived in the residence.

During today’s change of plea hearing, Salinas pled guilty possession of a matter containing visual depictions of minors engaged in sexually explicit conduct, and admitted that from July 20, 2014 through Aug. 9, 2014, he possessed visual depictions of minors engaged in sexually explicit conduct.   Salinas remains detained pending a sentencing hearing which has yet to be scheduled.

 This case was investigated by the Albuquerque office of HSI, the New Mexico Office of the Attorney General and the New Mexico ICAC Task Force, and is being prosecuted by Assistant U.S. Attorney Jacob Wishard.

The case was 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.

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

ALBUQUERQUE – Victor Castellon, 51, of Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child exploitation charge.  Under the terms of his plea agreement, Castellon will be sentenced within the range of ten to 15 years followed by a term of supervised release to be determined by the court.  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.

During today’s change of plea hearing, 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 arranged to meet the “minor.”

Castellon has been in federal custody since his arrest on Feb. 11, 2015.  He remains detained pending his sentencing hearing, which has yet to be scheduled.

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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Leonard Bridge, 45, of Albuquerque, N.M., was sentenced this morning to 12 months in federal prison followed by three years of supervised release for his conviction for embezzling assets from a labor organization.  Leonard also was ordered to pay $140,877.56 in restitution to the International Union of Elevator Constructors, Local 131 (Union).

Bridge was indicted in Feb. 2014, and charged with 20 counts of embezzlement of assets from a labor organization.  According to the indictment, Bridge embezzled money belonging to the Union on 20 separate occasions between April 2009 and Aug. 2011.  Bridge perpetrated his embezzlement scheme by writing checks on the Union’s bank account, making cash withdrawals with the Union’s debit card, and making cash withdrawals from the Union’s bank account.  During the period charged in the indictment, Bridge was employed as the Union’s business manager.

Bridge entered a guilty plea to Count 1 of the indictment on Sept. 2, 2014.  In his plea agreement, Bridge admitted while he was the Union’s business manager, he was responsible for the day-to-day operations of the Union and that his financial responsibilities included preparing and signing checks from the Union’s bank accounts, making disbursements, maintaining financial records and reporting on the Union’s finances to the Union’s board and membership.

Bridge admitted that while serving as the Union’s business manager, he embezzled Union funds for his own use.  Bridge accomplished the embezzlement in a variety of ways, including paying himself excess salary, writing unauthorized checks to himself, making unauthorized purchases on the Union’s debit card, and making unauthorized cash withdrawals from the Union’s bank account.  Bridge acknowledged that when he took office, the Union had approximately $106,000.00 in its general account, and when he resigned, the general account had $2,400.00.

This case was investigated by the Office of Labor-Management Standards of the U.S. Department of Labor and was prosecuted by Assistant U.S. Attorneys C. Paige Messec and Samuel A. Hurtado.

ALBUQUERQUE – Bronson Ranger, 36, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with aggravated sexual abuse.  Under the terms of his plea agreement, Ranger will be sentenced in the range of 120 to 140 months in federal prison followed by a term of supervised release to be determined by the court.  Ranger will be required to register as a sex offender after completing his prison sentence.

Ranger was arrested on Dec. 12, 2012, on an indictment alleging that he sexually abused a child under the age of 12 from Aug. 1, 2008 through Oct. 30, 2008.  The indictment alleged that Ranger violated the young victim in a location within the Navajo Indian Reservation in McKinley County, N.M.

During today’s plea hearing, Ranger entered a guilty plea to a felony information charging him with aggravated sexual abuse.  In entering his guilty plea, Ranger admitted sexually molesting the victim between Aug. 1, 2008 and Oct. 30, 2008, in McKinley County, N.M., which is within the Navajo Indian Reservation.

Ranger has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety.  The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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 – Twelve individuals are facing methamphetamine trafficking charges as the result of a DEA-led investigation targeting a methamphetamine trafficking ring operating in Grant County, N.M.  The 13-month investigation culminated this morning when all 12 defendants were arrested during an early morning law enforcement operation.  The charges were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Waldemar Rodriguez of HSI’s El Paso Division, and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

The charges against the defendants are the result of an investigation that began in March 2014, and targeted a drug trafficking organization allegedly led by Daniel Lee Jacquez, 33, of Silver City, N.M., that distributed methamphetamine in Grant County, N.M.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

In announcing the charges, U.S. Attorney Damon P. Martinez said, “Today we embarked on a coordinated effort to crackdown on drug trafficking in Grant County and improve the quality of life for people who live there.  Today’s arrests are part of our statewide fight against drug trafficking.  The federal law enforcement community remains committed to safeguarding families throughout New Mexico.”

“In Silver City, New Mexico, DEA and its law enforcement partners made it abundantly clear that we will use all of our investigative tools and resources to keep our smaller communities safe from drug trafficking organizations that think they can go unnoticed operating in our smaller cities and towns,” said Will R. Glaspy, Special Agent in Charge of the El Paso Division of DEA.  “Today’s enforcement operations mark the culmination of a 13-month investigation that will have an enormous impact on the availability of drugs in the Silver City area and help keep this community safe.”

“Grant County, like so many of New Mexico's historic, scenic areas, offers lots for residents and visitors to do, but drug trafficking should not be one of them,” said FBI Special Agent in Charge Carol K.O. Lee. “The FBI is proud to have worked with the U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, U.S. Marshals Service, and the New Mexico State Police in dismantling this drug-trafficking organization.  Working with the U.S. Attorney’s Office and our federal, state and local law enforcement partners, the FBI will continue to fight the spread of harmful, illegal drugs in our communities.”

The twelve alleged members of the methamphetamine trafficking ring are charged in a 34-count indictment that alleges a drug trafficking conspiracy, a series of substantive drug trafficking offenses, and a firearms offense.  Count 1 alleges that from March 2014 through April 2015, all 12 defendants conspired to distribute methamphetamine in Grant County.  Eight counts charge certain defendants with distributing or possessing with intent to distribute methamphetamine, 24 counts charge certain defendants with using communications devices (telephone) to facilitate drug trafficking crimes, and one charges a defendant with being a felon in possession of a firearm.  The 12 defendants will make their initial appearances in federal court tomorrow.

During today’s law enforcement operation, officers executed federal search warrants at seven residences and one business in Grant County.  Together with evidence obtained during the course of the investigation, seizures to date include:  approximately seven ounces of methamphetamine, several pounds of marijuana, approximately $17,000.00 in cash, 28 firearms, three vehicles and seven motorcycles.

The case was investigated by the Las Cruces offices of the DEA, HSI and FBI.  The U.S. Marshals Service and the New Mexico State Police participated in today’s law enforcement operation.  Assistant U.S. Attorney E. Garreth Winstead of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.

Indictment in United States v. Jacquez, et al., 15-CR-1515-RB

Summary of the Charges

Count 1 of the Indictment charges all twelve defendants with conspiracy to distribute methamphetamine.  The statutory maximum penalty for a conviction on this count for two of the defendants is imprisonment for up to 20 years and fine of up to $1,000,000.00; for two other defendants is imprisonment for not less than five years or more than 40 years and a $5,000,000.00 fine; and for the eight remaining defendants is imprisonment for not less than ten years or more than life, and a $10,000,000.00 fine.

Counts 2-4, 6, 33 and 34 charge certain defendants with distributing or possessing with intent to distribute methamphetamine.  The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than 20 years and a $1,000,000.00 fine.

Count 5 charges two defendants with distributing five grams and more of methamphetamine.  The statutory maximum penalty for a conviction on this count is imprisonment for a mandatory minimum five years and a maximum of 40 years and a $5,000,000.00 fine.

Counts 7-12 and 15-32 charge certain defendants with using a communications device (telephone) to facilitate a drug trafficking crime.  The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than four years and a $250,000.00 fine.

Count13 charges one defendant with possessing with intent to distribute 50 grams and more of methamphetamine.  The statutory maximum penalty for a conviction on this count is imprisonment for a mandatory minimum ten years and a maximum of life and a $10,000,000.00 fine.

Count 14 charges one defendant with being a felon in possession of a firearm.  The statutory maximum penalty for a conviction on this count is imprisonment for not more than ten years and a $250,000.00 fine.

Charges Against Defendants

Daniel Lee Jacquez, 33, Silver City, N.M., is charged in Counts 1, 8-11, 15-30, 32 and 33 of the indictment.

Toby Chapin Padilla, 43, Santa Clara, N.M., is charged in Counts 1, 6, 8-14 and 24 of the indictment.

Judah Grande Mondello, 30, Arenas Valley, N.M., is charged in Counts 1 through 7of the indictment.

Eric James Ruiz, 36, Arenas Valley, N.M., is charged in Counts 1 through 7 of the indictment.

Gilbert J. Moreno, 25, Silver City, N.M., is charged in Counts 1, 16, 19, 22 and 31 of the indictment.

Anthony R. Davila, 24, Silver City, N.M., is charged in Counts 1, 20 and 23 of the indictment.

Gary Lee Romero, Jr., 30, Santa Clara, N.M., is charged in Counts 1, 15, 18 and 30 of the indictment.

Crystal Medina Gomez, 49, Silver City, N.M., is charged in Counts 1, 27 and 33 of the indictment.

Kevin R. Carter, 53, Glenwood, N.M., is charged in Counts 1, 17, 21, 26, 32, and 34 of the indictment.

Lynette Medina, 41, Silver City, N.M., is charged in Counts 1 and 29 of the indictment.

Freddy J. Lucero, 46, Silver City, N.M., is charged in Counts 1, 6 and 9 of the indictment.

Bernice Holguin Miranda, 49, Silver City, N.M., is charged in Counts 1 and 24 of the indictment.

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

 

indictment_15-cr-1515-rb.pdf

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden Eden, Jr., of the Albuquerque Police Department convened a press conference today to announce the filing of indictments against six individuals who allegedly robbed retail pharmacies in Albuquerque, N.M., to illegally obtain Oxycodone and other highly addictive opioid painkillers.

U.S. Attorney Damon P. Martinez opened the conference by stating, “Like many communities across the country, retail pharmacies in the Albuquerque metropolitan area recently have become targets of individuals who rob them, often at gunpoint, to obtain Oxycodone and other opioid painkillers with the intention of illegally selling the pills for profit.  Here in Albuquerque and throughout New Mexico, the recent rash of pharmacy robberies is an example of why New Mexico’s violent crime and opioid abuse and overdose death rates are among the highest in the country.  The federal law enforcement community is working with its state and local partners to target pharmacy robbers for federal investigation and prosecution through two federal initiatives:  the Worst of the Worst Anti-Violence Initiative and the HOPE Initiative.”

“These cases illustrate how a team of federal and local law enforcement agencies can work together to put a dent in the high rate of violent crime afflicting our area.  The FBI brings years of experience fighting this type of crime, along with highly trained investigators and intelligence analysts always looking at the big picture and sharing information with our partners,” said FBI Special Agent Carol K.O. Lee.  “These arrests were made possible thanks to the dedication and persistence of a team of FBI Special Agents and Professional Support staff, together with the U.S. Attorney’s Office, U.S. Drug Enforcement Administration, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Bernalillo County Sheriff’s Office, Metropolitan Detention Center, and the Albuquerque Police Department.”

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

Four indictments charging a total of six defendants with robbing retail pharmacies in Albuquerque were filed under seal yesterday and were unsealed earlier today.  The indictments charge the following Albuquerque residents with crimes arising out of retail pharmacy robberies:  Roy Christopher, 28, Josephine Duran, 23, Blake Gallardo, 22, Valentin Garcia, 22, Victor Hurtado, 20, and Joseph Montano, 22.  Hurtado and Montano were arrested this morning.  Christopher, who is currently in state custody, will be transferred to federal custody to face the charges against him.  Duran, Gallardo and Garcia have yet to be arrested and are considered fugitives.

The indictments allege violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.  The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA.  It creates penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon.  The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs.  It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.

Gallardo and Duran are charged in Indictment 15-CR-1504-JB, with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence;  (3) violating the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violating the Safe Doses Act by theft of medical products; and (5) possession of Oxycodone with intent to distribute.  The charges against Gallardo and Duran arise out of the armed robbery of a Walgreens Pharmacy on Jan. 30, 2015.

Hurtado, Montano and Garcia are separately charged in two indictments with the same five crimes as Gallardo and Duran.  Hurtado and Montano are charged in Indictment 15-CR-1506-JB, based on the armed robbery of a Smith’s Pharmacy on Jan. 6, 2015, and Garcia is charged in Indictment 15CR-1505-JB, based on the armed robbery of a Walgreens Pharmacy on Jan. 6, 2015.

Christopher is charged in Indictment 15-CR-1504-JB, with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) violating the Safe Doses Act by theft of medical products; and (3) possession of Oxycodone with intent to distribute.  The charges against Christopher arise out of the robbery of a CVS Pharmacy on Aug. 14, 2014.

The charges in the indictments carry the following statutory maximum penalties on conviction:  Hobbs Act – 20 years of imprisonment; robbery of controlled substances – 25 years of imprisonment; Safe Doses Act – 30 years of imprisonment; possession of Oxycodone with intent to distribute – 20 years in prison.  The statutory maximum penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory seven years in prison to be served consecutive to any prison sentence on the other sentence imposed on the other charges.

“The Bernalillo County District Attorney's Office has been working with the U.S. Attorney’s Office, as well as local and federal law enforcement agencies, to ensure a smooth transition of cases from the state prosecution level to the federal prosecution level.  We have maintained an open flow of communication by meeting with representatives of the various agencies and offices to discuss timelines and case developments, which has been particularly necessary given the new case management rules for the district court,” said 2nd Judicial District Attorney Kari E. Brandenburg.  “Our goal is to facilitate justice at any level, and we value our partnership with the U.S. Attorney's Office.”

Noting that three of the four indictments include allegations that firearms were brandished at pharmacy employees during the robberies, ATF Special Agent in Charge Thomas G. Atteberry said, “Today's indictments are an excellent example of the law enforcement partnerships we share here in New Mexico.  When violent individuals are taken off the street, our communities breathe a little easier.  I want to acknowledge the leadership of U.S. Attorney Damon P. Martinez and his prosecution team for their tenacity and diligence.”

“APD is working with retail pharmacies to enhance their security systems in an effort to deter pharmacy robberies,  identify pharmacy robbers, and prevent the illegal distribution of prescription opioids,” said APD Police Chief Gorden Eden, Jr.  “APD appreciates the support of its federal counterparts in ensuring that violent individuals do not terrorize our local businesses, and is grateful for the support and leadership of the U.S. Attorney’s Office in these efforts.”

These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County.  The cases are being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.

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

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

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

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

 

15-cr-1503_jb_indictment_roy_christopher.pdf  15-cr-1503_jb_indictment_roy_christopher.pdf  15-cr-1505_jb_indictment_garcia.pdf  15-cr-1506_jb_indictment_hurtado_and_montano.pdf

   

ALBUQUERQUE – Kyle Morrow, 30, of Los Alamos, N.M., was sentenced this morning in federal court to 120 months in federal prison followed by ten years of supervised release for possession of a visual depiction of a minor engaged in sexually explicit conduct.  Morrow will be required to register as a sex offender after completing his prison sentence.

Morrow was arrested on federal child pornography charges on Mar. 7, 2014, based on a criminal complaint alleging possession of child pornography.  At the time of his arrest, Morrow was residing in a half-way house in Albuquerque as he was transiting from a federal prison for a prior child pornography conviction.  According to the criminal complaint, FBI initiated an investigation into Morrow after staff at the half-way house found child pornography on his cellular phone and confiscated the phone.  The FBI seized Morrow’s phone in Feb. 2014 pursuant to a search warrant and submitted the phone for forensic examination by the New Mexico Regional Forensic Laboratory.  A forensic examination revealed that Morrow’s phone contained more than 1000 images consistent with child pornography.

On Jan. 28, 2015, Morrow entered a guilty plea to a federal information charging him with possession of a visual depiction of a minor engaged in sexually explicit conduct.  In his plea agreement, Morrow admitted that on Feb. 4, 2014, he possessed visual depictions of child pornography while residing in a halfway house and while still in the custody of the Bureau of Prisons completing a 37-month sentence for a prior child pornography conviction.  More specifically, Morrow admitted possessing child pornography images on his cellular phone.

 This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

The case was 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 – Gilbert Gonzales, 34, of Albuquerque, N.M., was sentenced today in federal court to 156 months in prison followed by three years of supervised release for violating the Hobbs Act and federal firearms laws.  The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).

Gonzales was arrested in June 2013, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on May 25, 2013, in Bernalillo County, N.M.  According to the criminal complaint, an APD officer found a firearm and ammunition in a vehicle Gonzales was driving during a routine traffic stop.  At the time, Gonzales was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses in the 2nd Judicial District Court for the State of New Mexico.

In April 2014, a federal grand jury filed a five-count superseding indictment charging Gonzales with two counts of being a felon in possession of a firearm, possession of a stolen firearm, robbing a business engaged in interstate commerce, and brandishing a firearm during a crime of violence.  According to the superseding indictment, Gonzales unlawfully possessed firearms in Bernalillo County on May 25, 2013 and June 5, 2013, and unlawfully possessed a stolen firearm on May 25, 2013.  It also charged Gonzales with interfering with interstate commerce by robbing a commercial business at gunpoint on May 29, 2013, and with brandishing a firearm at an employee of the business during the robbery.

On Jan. 27, 2015, Gonzales pled guilty to the armed robbery of a business engaged in interstate commerce and to brandishing a firearm during that robbery.  In his plea agreement, Gonzales admitted that on May 29, 2013, he obstructed interstate commerce by robbing Southwest Communications, located at 120 San Pedro SE in Albuquerque.  Gonzales further admitted brandishing a firearm at an employee of that business during the armed robbery.

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.  The case was prosecuted by Assistants U.S. Attorneys David M. Walsh and Louis E. Valencia 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.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Assistant Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant Special Agent in Charge Mark E. Godshall of Homeland Security Investigations in Albuquerque, and Chief Gorden Eden, Jr., of the Albuquerque Police Department will hold a press conference to discuss charges recently filed pursuant to two federal initiatives TODAY, APRIL 29, 2016 AT 1:00 P.M. at the U.S. Attorney’s Office.  No further information will be released until the press conference.

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

                   Special Agent in Charge Carol K.O. Lee, FBI’s Albuquerque Division

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

                   Assistant Special Agent in Charge Mark Murray, ATF’s Phoenix Division

                   Assistant Special Agent in Charge Mark E. Godshall, HSI Albuquerque

                   Police Chief Gorden Eden, Jr., APD

WHAT:       Announcement of charges filed under two federal initiatives

WHEN:       WEDNESDAY, APRIL 29, 2015, 1:00 P.M.

WHERE:     U.S. Attorney’s Office

                   10th Floor Multi-Media Room (Reception on 9th Floor)

                    201 Third Street NW

                    Albuquerque, NM 87102

                    OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Media may begin to arrive at 12:45 pm.  Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.

ALBUQUERQUE – Alvin Charley, 36, an enrolled member of the Navajo Nation who resides in Pinedale, N.M.,  was sentenced today in Albuquerque, N.M., to 120 months in federal prison followed by three years of supervised release for his voluntary manslaughter conviction.

According to court filings, Charley killed another Navajo man on Aug. 15, 2014, by stabbing him in the chest.  The crime occurred on the Navajo Indian Reservation in McKinley County, N.M., during a fight between Charley and the victim.

On Jan. 28, 2015, Charley pled guilty to a felony information charging him with voluntary manslaughter.  In entering his guilty plea, Charley admitted stabbing the victim in the chest during a fight that began after the two men had been drinking alcohol and arguing.

This case was investigated by the Albuquerque and Gallup offices of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – Travis Lavar Clark, 35, of Raleigh, N.C., was sentenced today in federal court in Las Cruces, N.M., to 51 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.  Clark’s crime of conviction involved possession of more than 750 grams of methamphetamine with intent to distribute.

Clark was arrested on Feb. 20, 2014, in El Paso, Texas, on an indictment filed in the U.S. District Court for the District of New Mexico on Feb. 19, 2014, charging him with possession of methamphetamine with intent to distribute on Nov. 12, 2013, in Doña Ana County, N.M.

On June 10, 2014, Clark pled guilty to the indictment and admitted that on Nov. 12, 2013, law enforcement officer found approximately 757.34 grams of methamphetamine and drug paraphernalia in the trunk of the vehicle he was driving.  Clark also admitted that he was being paid to take the methamphetamine from El Paso to open up a “store” in Las Cruces to sell the methamphetamine.

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

The HIDTA Regional Interagency Drug Task Force/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 – Juan C. Rodriguez, 36, of Las Cruces, N.M., was sentenced in Las Cruces federal court this morning for his child pornography conviction.  Rodriguez was sentenced to 37 months in federal prison to be followed by seven years of supervised release.  He will be required to register as a sex offender after he completes his prison sentence.

Rodriguez was arrested on April 23, 2014, by the FBI on an indictment charging him with possession of matter containing visual depictions of minors engaged in sexually explicit conduct.  The indictment alleged that Rodriguez possessed child pornography in Doña Ana County, N.M., between June 2013 and Aug. 2013.

On Aug. 12, 2014, Rodriguez pled guilty to the indictment and admitted that between June 6, 2013 and Aug. 22, 2013, he used a computer and computer-related media to download child pornography using a peer-to-peer network.   Rodriguez acknowledged that law enforcement officers executed a search warrant at his residence on Aug. 22, 2013, and seized his computer and computer-related media.  He further acknowledged that a forensic examination of those items uncovered approximately 30 still images and five videos consistent with child pornography.

This case was investigated by the Las Cruces office of FBI and the Regional Computer Forensics Laboratory with assistance from the Denver office of the FBI.  The case was prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – Ronald Lee Gore, 30, of Las Cruces, N.M. entered a guilty plea yesterday in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges.  The guilty plea was entered without the benefit of a plea agreement.

Gore and his co-defendant Marcus Dupre, 27, of Phoenix, Ariz., were charged in a criminal complaint on Oct. 6, 2014, with methamphetamine trafficking and firearms offenses.  Gore, Dupre, Jose Miramontes, 35, and Ramona Baca, 30, both of Las Cruces, N.M., were subsequently indicted on Dec. 10, 2014.

The indictment charged Gore with three counts of conspiracy to distribute methamphetamine, three counts of distribution of methamphetamine, conspiracy to possess a fully automatic machinegun, possession of a machinegun, and being a felon in possession of firearms.  At the time, Gore was prohibited from possessing firearms or ammunition because he previously had been convicted of theft in the first degree and burglary in the second degree.  Gore was charged with committing these crimes between April 22, 2014 and Oct. 2, 2014, in Doña Ana County, N.M.

Dupre pled guilty on Jan. 20, 2015, to distribution of methamphetamine and conspiracy to distribute methamphetamine, and admitted that on Oct. 2, 2014, he conspired with Gore to sell methamphetamine to an undercover federal agent in exchange for a fully automatic machinegun.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

The indictment was superseded on Feb. 18, 2015, to add an extra count charging Miramontes with being a felon in possession of a firearm and ammunition on Dec. 15, 2014, in Doña Ana County.  At the time, Miramontes was prohibited from possessing firearms or ammunition because he previously had been convicted of residential burglary.

During yesterday’s plea hearing, Gore pled guilty to the superseding indictment without the benefit of a plea agreement.  At sentencing, Gore faces a statutory penalty of not less than five years and a maximum of 40 years in federal prison followed by at least four years of supervised release.

Miramontes and Baca have entered pleas of not guilty to the indictment.  A trial has yet to be scheduled.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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