District of New Mexico

ALBUQUERQUE – Casey Wayne Stallings, 30, of Kirtland, N.M., entered a guilty plea in federal court this morning to methamphetamine trafficking and firearm charges.  Under the terms of his plea agreement, Stallings will be sentenced to 15 years in federal prison.  His co-defendant, Jessica Chance Lucero, 25, also of Kirtland, N.M., entered a guilty plea to misprision of a felony.

Stallings and Lucero were arrested on May 22, 2014, on an indictment charging them with methamphetamine trafficking and firearms charges.  Counts 1 and 2 charged Stallings and Lucero with conspiracy and possession of methamphetamine with intent to distribute.  Count 3 charged the defendants with using and carrying a firearm in relation to a drug trafficking crime. Counts 4 and 5 respectively charged Stallings and Lucero with being felons in possession of a firearm.  According to the indictment, the defendants committed the five offenses in San Juan County, N.M., on Jan. 27, 2014.

During today’s change of plea hearing, Stallings pled guilty to Counts 2 and 3 of the indictment.  In his plea agreement, Stallings admitted that he was a drug dealer and that on Jan. 27, 2014, he possessed a large quantity of methamphetamine at his residence that he intended to sell to his drug customers.  Stallings also admitted that he kept a firearm in his residence for the purpose of protecting himself from drug customers and other drug dealers who might try to rob him.  Stallings admitted that he was prohibited from possessing firearms and ammunition due to his previous felony convictions of charges of robbery, possession of a controlled substance, possession of marijuana, and aggravated assault with a deadly weapon.

Lucero pled guilty to an information charging her with misprision of a felony, and admitted that on Jan. 27, 2014, she failed to report to law enforcement that Stallings was committing federal felony offenses at their residence.  More specifically, Lucero admitted knowing that Stallings was selling methamphetamine out of their residence and that he possessed a firearm despite his status as a convicted felon.

Under the terms of his plea agreement, Stallings will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court.  Lucero faces a statutory maximum penalty of three years of imprisonment of three years.  Their sentencing hearings have yet to be scheduled.

 This case was investigated by the Albuquerque office of Homeland Security Investigations and the Region II HIDTA Narcotics Task Force.  The case is being prosecuted by Assistant U.S. Attorneys Lynn Wei-Yu Wang and Samuel A. Hurtado.

The Region II HIDTA Narcotics Task Force is comprised of officers from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department.  It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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 – Daniel Phillip Tenorio, 55was sentenced today in federal court in Santa Fe, N.M., to 51 months in prison to be followed by five years of supervised release.  He will be required to register as a sex offender after completing his prison sentence.  Tenorio was sentenced based on a jury’s guilty verdict on sexual abuse charges.  Tenorio’s sentence was announced by U.S. Attorney Damon P. Martinez and William McClure, Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Tenorio, 55, a member and resident of San Felipe Pueblo in Sandoval County, N.M., was indicted in Sept. 2013, and charged with two counts of abusive sexual contact by use of force.  According to the indictment, Tenorio had unlawful sexual contact with the victim between Jan. 2011 and Dec. 2011, in locations with San Felipe Pueblo in Sandoval County, N.M.  Tenorio was convicted on both counts of the indictment on Aug. 21, 2014, following a four-day trial.

The evidence at trial established that on Jan. 24, 2012, the BIA initiated an investigation into Tenorio after receiving a referral from a school counselor reporting that a 16-year-old San Felipe Pueblo girl had disclosed possible sexual abuse.  The victim testified about Tenorio’s practice of grabbing and fondling her breasts and bottom and making sexually explicit comments about what he wanted to do to her.  Witnesses testified that they observed Tenorio grab and fondle the victim and direct sexually explicit remarks to her.

The evidence before the jury included two audio-taped interviews of Tenorio.  During the first interview, Tenorio denied the victim’s allegations, but later admitted touching the victim in inappropriate ways and discussing sex in front of her.  During the second interview, Tenorio admitted grabbing and fondling the victim’s chest and bottom and saying that he wanted to engage in sexual acts with her.  He also admitted lying to the law enforcement officers when he initially denied the victim’s allegations.  The evidence also included a handwritten statement by Tenorio in which he admitted having lied to the BIA and FBI when he denied the victim’s allegations, apologized for the way he treated the victim, and expressed remorse for his improper conduct.  Tenorio testified in his own defense and claimed that he was coerced into admitting that he had improper sexual contact with the victim.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and Novaline D. Wilson.

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 – David Ausborn Hiles, 48, of La Luz, N.M., has been charged with violating the federal firearms laws in a criminal complaint filed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  During proceedings in federal court in Las Cruces, N.M., earlier today, Hiles pleaded not guilty to the charges in the criminal complaint, and was ordered detained pending trial based on a judicial finding that he poses a danger to the community. 

The criminal complaint charges Hiles with being a felon in possession of firearms and ammunition.  It alleges that Hiles unlawfully possessed 36 firearms and ammunition at his residence in Otero County, N.M., on Nov. 25, 2014.  According to the criminal complaint, the New Mexico State Police found the firearms and ammunition while executing a search warrant at Hiles’ residence.  In Nov. 2014, Hiles was prohibited from possessing either firearms or ammunition because he previously has been convicted of the felony offense of aggravated assault with a deadly weapon.

If convicted of the charges in the criminal complaint, Hiles faces up to ten years in federal prison.  Charges in criminal complaints are mere accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police, with assistance from the 12th Judicial District Attorney’s Office for the State of New Mexico.  Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.

ALBUQUERQUE – Abel Romero, 31, of Anthony, N.M., was sentenced today in federal court in Las Cruces, N.M., to 131 months in prison followed by three years of supervised release for violating the federal firearms and narcotics laws.  Romero was sentenced based on a guilty plea entered on Dec. 5, 2013.

Romero and co-defendants, Jaime Cano, 31, of El Paso, Texas, and Victor Cano, 31, of Anthony, N.M., were arrested in May 2013, on a criminal complaint charging them with drug trafficking and firearms offenses.  The three co-defendants subsequently were indicted on Aug. 14, 2013, in a ten-count indictment.  Counts 1, 2 and 3 charged Romero, Victor Cano and Jaime Cano with conspiracy to distribute cocaine and distribution of cocaine in Doña Ana County, N.M., between Feb. 5, 2013 and Feb. 19, 2013.

The remaining seven counts of the indictment charged Romero with violating the federal narcotics and firearms laws.  Counts 5, 7 and 9 charged Romero with distributing cocaine on three occasions between Feb. 11, 2013 and Feb. 19, 2013.  Counts 6, 8 and 10 charged Romero with being a felon in possession of firearms and ammunition on four dates in Feb. 2013.  At the time, Romero was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated assault, distribution of marijuana, and aggravated assault with a deadly weapon.

According to court filings, Romero sold ounce quantities of cocaine and firearms and ammunition to an individual working with law enforcement on four separate dates in Feb. 2013. Romero obtained the cocaine with the help of Victor Cano and Jaime Cano.

Romero pled guilty to all ten counts of the indictment on Dec. 5, 2013. In entering the guilty plea, Romero admitted that from Feb. 5, 2013 through Feb. 19, 2013, he obtained quantities of cocaine from a source of supply and sold the cocaine to another person.  Romero admitted receiving and selling an aggregate of 154.5 grams of cocaine to the buyer during this time period.  Romero also admitted that during this time he unlawfully possessed a number of firearms and ammunition knowing that as a result of his prior felony conviction of aggravated assault with a deadly weapon he could not lawfully possess firearms.

On Nov. 7, 2013, Jaime Cano and Victor Cano each pled guilty to Counts 2 and 3 of the indictment.  Each admitted to conspiring with the other to distribute quantities of cocaine to Romero.  Victor Cano was sentenced on Mar. 6, 2014, to 37 months in federal prison followed by three years of supervised release.  Jaime Cano was sentenced on June 4, 2014, to 40 months in federal prison followed by three years of supervised release. 

This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Shaheen P. Torgoley of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Scott Till, 57, of Albuquerque, N.M., was sentenced today to two years of probation for his theft of government funds conviction.  Till also was ordered to pay restitution in the amount of $179,492.00 to the Department of Veterans Affairs

Till, who is not a veteran, pled guilty to a felony information on Oct. 6, 2014, and admitted that in Nov. 2011, he took money from the government to which he was not entitled.  Till committed the crime by keeping open a bank account into which the Department of Veterans’ Affairs was depositing money, specifically to maintain sole access to that money, knowing that he was not entitled to it.  Till committed the crime in Bernalillo County, N.M.

This case was investigated by the Department of Veterans Affairs Office of Inspector General and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Alex Thomas Burns, 24, of Atlanta, Ga., and Riana Latel Cunningham, 22, of Stockebridge, Ga., entered not guilty pleas this morning to a criminal complaint charging them with methamphetamine trafficking charges.

Burns and Cunningham were arrested on Feb. 3, 2015, in Albuquerque, N.M., on a criminal complaint charging them with possession of methamphetamine with intent to distribute.  According to the criminal complaint, Burns and Cunningham were arrested after officers allegedly found more than nine kilograms of methamphetamine in their vehicle during a routine traffic stop on Interstate 40 on the west side of Albuquerque.  The methamphetamine was found after Burns allegedly consented to have the officer search the vehicle.

If convicted of the charges in the criminal complaint, Burns and Cunningham each face a statutory maximum penalty of not less than ten years and not more than life in prison.  Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Joel R. Meyers.

ALBUQUERQUE – Graciela Meraz, 38, of Chula Vista, Calif., entered a not guilty plea this morning in federal court in Albuquerque, N.M., to a criminal complaint charging her with heroin and methamphetamine trafficking offenses.  Meraz remains in custody pending trial which has yet to be scheduled.

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

If convicted on the charges in the criminal complaint, Meraz faces a maximum statutory sentence of not less than ten years and not more than life in prison.  Charges in criminal complaints are merely accusation, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a 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 – The owner of a gun shop in Hobbs, N.M., was sentenced this morning in in federal court in Las Cruces, N.M., twelve months in federal prison followed by three years of supervised release for violating the federal firearms laws, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Carlos Jonathan Cruz, 32, the owner of Hobbs Satellite Company Guns & Ammo, and his parents who assisted their son in operating the gun shop, Carlos Carlon Cruz, 61, and Norma M. Cruz, 57, were indicted in June 2013.  The three defendants were charged with violating federal firearms laws by making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser” and buying firearms on behalf of others.  Carlos Jonathan Cruz also was charged with unlawfully selling thousands of rounds of ammunition to an alien illegally in the United States, unlawfully possessing an unregistered sawed-off shotgun, and unlawfully possessing firearms with obliterated serial numbers.

On Jan. 7, 2014, Carlos Jonathan Cruz pled guilty to a felony information charging him with (1) making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and (2) unlawfully possessing firearms with obliterated serial numbers.  In entering his guilty plea, Carlos Jonathan Cruz admitted that on April 23, 2013, he knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF.  Cruz also admitted possessing a firearm with an obliterated serial number on May 29, 2013.

Carlos Jonathan Cruz’s parents each pled guilty to a felony information charging them with (1) making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and (2) unlawfully selling ammunition to a prohibited person.  In entering their guilty pleas, Carlos Carlon Cruz and Norma Cruz admitted that on April 9, 2013, they sold 2,500 rounds of ammunition to an alien who was illegally in the United States.  They also admitted that on April 23, 2013, they knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF.

Under the terms of his plea agreement, Carlos Carlon Cruz will be sentenced to a prison term not to exceed 41 months of imprisonment and Norma Cruz will be sentenced to a prison term not to exceed 30 months of imprisonment.  They also are required, along with Carlos Jonathon Cruz, to forfeit approximately 165 firearms, 25,703 rounds of ammunition and six silencers.  Their sentencing hearings have yet to be scheduled.

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

ALBUQUERQUE – David Enriquez, 27, of Las Cruces, N.M., pled guilty this morning in Las Cruces federal court to methamphetamine trafficking charges.

Enriquez is one of three residents of Las Cruces who were charged in a four-count indictment that was filed in June 2014.  Enriquez and co-defendant Josh Almaguer, 32, were arrested in Aug. 2014; their co-defendant Renelle Serna, 24, previously was arrested in July 2014.  The indictment charged the three with trafficking methamphetamine in Doña Ana County, N.M., in May 2014.

During today’s proceedings, Enriquez pled guilty to Counts 1 and 2 of the indictment charging him with distributing methamphetamine on two occasions in May 2014.  In entering his guilty plea, Enriquez admitted distributing a gram of methamphetamine to an undercover agent on May 9, 2014.  Enriquez also admitted that he and his co-defendants distributed 14 grams of methamphetamine to an undercover agent on May 20, 2014.

Serna pled guilty on Jan. 6, 2014, to a felony information charging her with two counts of distributing methamphetamine and two counts of possession of more than 50 grams of methamphetamine with intent to distribute.  In entering her guilty plea, Serna admitted that she and her co-defendants distributed methamphetamine to an undercover agent on two occasions on May 20, 0214.  The first distribution involved 14 grams of methamphetamine and the second involved 28 grams.  Serna also admitted possessing 146 grams of methamphetamine with intent to distribute on May 23, 2014.  She also admitted that on July 25, 2014, she possessed 134.6 grams of methamphetamine with the intention of distributing the drugs.

At sentencing, Enriquez faces a statutory maximum penalty of 20 years, and Serna faces a minimum of five years and a maximum of 40 years in prison.  Both remain in federal custody pending their sentencing hearings which have yet to be scheduled.

Almaguer has entered a plea of not guilty to the indictment. The charges in the indictment are merely accusations and Almaguer is presumed innocent unless proven guilty.

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.  The case 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 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 – Eddieberto Garcia, 36, of Oceanside, Calif., was sentenced today in federal court in Las Cruces, N.M., to 97 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction.  Garcia’s crime of conviction involved possession of approximately two kilograms of methamphetamine with intent to distribute.

Garcia was arrested on Aug. 22, 2013, in Las Cruces, N.M., on a criminal complaint alleging possession of methamphetamine with intent to distribute following a routine traffic stop.  According to the complaint, Garcia was stopped on July 27, 2013, in Doña Ana County, N.M., for speeding.  After issuing a citation to Garcia, the officer requested and obtained Garcia’s consent to a search of his vehicle.  After a narcotics canine alerted to narcotics, the officer found three bundles containing methamphetamine that were wrapped in cellophane and concealed within the vehicle’s door panels.  Garcia subsequently was indicted in a two-count indictment charging him with conspiracy and possession of methamphetamine with intent to distribute.

Garcia pled guilty on Feb. 14, 2014, to possession of methamphetamine with intent to distribute.  In entering his guilty plea, Garcia admitted that on July 27, 2013, he possessed 2.06 kilograms of methamphetamine with intent to distribute.  He further admitted that on that date he was driving to meet another individual and planning to deliver the methamphetamine to that individual.

This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force.  The case was prosecuted by Assistant U.S. Attorney Alexander B. Shapiro 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 – Raymond Castillo, 25, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with violating the Hobbs Act and the federal firearms laws.  Castillo entered a not guilty plea to the charges against him.  Castillo will remain in federal custody pending trial of this case which has yet to be scheduled.

Castillo was arrested on Dec. 12, 2014, on a criminal complaint charging him with conspiracy to rob a business involved in interstate commerce at gunpoint in violation of the Hobbs Act.  The criminal complaint alleged that Castillo and an unidentified co-conspirator robbed a convenience store located at 1111 Lomas Blvd. NW in Albuquerque at gunpoint on Dec. 7, 2014.  It further alleges that the co-conspirator, who was wearing a hooded sweatshirt and a bandana that covered his face, shot and injured the store clerk during the robbery, and that Castillo drove the co-conspirator away from the scene of the robbery.

On Jan. 21, 2015, a federal grand jury returned a five-count indictment charging Castillo and five co-defendants with commercial armed robbery and firearms charges.  The charges in the indictment are unrelated to the charges in the criminal complaint.

Count 1 of the indictment charges Castillo, Daniel Maestas, 34, Johnny Ramirez, 30, Frank Gallegos, 29, Reyes Lujan, 26, and Henry Lujan, 21, with conspiracy to violate the Hobbs Act.  Count 2 alleges that the six men interfered with interstate commerce by robbing a Wal-Mart Store located in Bernalillo County, N.M., on Oct. 29, 2014.  Count 3 charges Castillo with discharging a firearm during the robbery of the Wal-Mart store, and Count 4 charges Maestas with using and carrying a firearm during that robbery.  Count 5 charges Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.

Gallegos was arraigned on the indictment on Feb. 3, 2015, after he was transferred from state custody to federal custody to face the charges in this case.  Gallegos entered a not guilty plea to the indictment and was ordered detained pending trial.  The remaining four defendants are in state custody and will be transferred to federal custody to face the charges in the indictment.

With the exception of Castillo, the defendants each face a statutory maximum penalty of 20 years in prison if convicted on Counts 1 and 2, the conspiracy and Hobbs Act charges.  With the exception of Castillo, the defendants each face a mandatory five-year prison sentence if convicted of using and carrying a firearm or aiding and abetting that crime.  The five-year sentence must be served consecutive to any sentence imposed on the conspiracy and Hobbs Act charges.

On Feb. 1, 2015, the United States filed a prior felony information against Castillo under 18 U.S.C. § 3559(c), the federal “three strikes” law, based on Castillo’s prior serious felony convictions.  Consequently, if convicted of any of the three charges against him, Castillo faces the enhanced sentence of mandatory life imprisonment.  If convicted of the crimes charged in the criminal complaint, Castillo faces a statutory maximum penalty of 20 years in prison on the Hobbs Act count and a mandatory ten year prison sentence for aiding and abetting the discharge of a firearm during a crime of violence.  The ten-year sentence must be served consecutive to any sentence imposed on the Hobbs Act charges. 

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.

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

ALBUQUERQUE – A previously deported Mexican national was sentenced today in federal court in Las Cruces, N.M., to a 57-month prison term for illegally re-entering the United States.

Alejandro Soto-Robledo, 23, was sentenced for his illegal re-entry conviction and for having violated his previous deportation status following an aggravated felony conviction.  Soto-Robledo was deported to Mexico in Sept. 2011, following an aggravated felony conviction for drug trafficking in Colorado.  He was arrested in this case on April 25, 2014, by U.S. Border Patrol Agents near Sunland Park, N.M.  Soto-Robledo was indicted on July 16, 2014, for illegally reentering  into the United States without having first obtained the consent of the Department of Homeland Security to reapply for admission to the U.S.

Soto-Robledo will be deported to Mexico after completing his prison sentence.

This case was investigated by the U.S. Border Patrol and was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Alfredo Ochoa, 41, a Mexican national with legal permanent resident status in the United States, was sentenced today in federal court for his conviction on methamphetamine, crack cocaine and cocaine trafficking charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division and Director Mark Payne of New Mexico HITDA.

Ochoa was sentenced to 150 months in federal prison.  He also was ordered to pay a money judgment in the amount of $500,000.00, which represents a portion of the proceeds he derived from his drug trafficking activities.  Ochoa, a resident of Albuquerque, N.M., will be deported after completing his prison sentence.

Ochoa was one of 15 defendants charged in late 2011 and early 2012 as a result of an investigation by the DEA and the HIDTA Region I Narcotics Task Force into drug trafficking in Bernalillo County, N.M.  During the course of the investigation, law enforcement authorities seized $211,404 in currency, four pounds of methamphetamine, 397 grams of crack cocaine, 199 grams of cocaine and 157.8 grams of Oxycodone, seven vehicles and a firearm.  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.

Ochoa and a codefendant were arrested on a criminal complaint in Sept. 2011, and have been in federal custody since that time.  The two men subsequently were indicted on methamphetamine trafficking charges in Oct. 2011.  In Feb. 2012, the indictment was superseded to add 13 more codefendants and include additional drug trafficking charges involving the distribution of methamphetamine, crack cocaine, cocaine and heroin.  To date, 14 of the 15 defendants charged have been arrested and one remains a fugitive.  Twelve of the defendants have entered guilty pleas, and two have entered not guilty pleas and are pending trial.

Ochoa pleaded guilty to three narcotics trafficking conspiracy charges in Aug. 2014, and admitted his role in conspiracies to distribute methamphetamine, crack cocaine and cocaine.  In entering his guilty plea, Ochoa admitted his involvement in multiple conspiracies to distribute drugs in Albuquerque between June 2010 and Sept. 2011.  Ochoa acknowledged that he frequently sold large quantities of methamphetamine, crack cocaine and cocaine to individuals who resold the drugs to others.

This case was investigated by the Albuquerque office of the DEA and the HITDA Region I Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Linda Mott. The HITDA Region I Narcotics Task Force is comprised of agents and officers from the DEA, Albuquerque Police Department, Sandoval County Sheriff’s Office, Valencia County Sheriff’s Office, Rio Rancho Police Department and the Pueblo of Pojoaque Tribal Police Department.  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 – Martin Pelayo, 39, of Colorado Springs, Colo., pleaded guilty this morning in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Pelayo was arrested on Sept. 29, 2014, at the Greyhound Bus Station in Albuquerque, N.M., after a consensual search of his baggage by DEA agents revealed that he was carrying more than a kilogram of heroin concealed in a sleeping bag.  Pelayo subsequently was indicted on Oct. 21, 2014, and charged with possession of heroin with intent to distribute.

During today’s proceedings, Pelayo pled guilty to a felony information charging him with possession of heroin with intent to distribute.  In his plea agreement, Pelayo admitted that on Sept. 26, 2014, he was traveling on a Greyhound Bus from Los Angeles, Calif., to Charlotte, N.C.  During a stop in Albuquerque, Pelayo had a conversation with a law enforcement officer during which he permitted the officer to search his luggage.  The search revealed two bundles of heroin which were concealed within Pelayo’s sleeping bag.  Pelayo admitted that he was planning to deliver the heroin to another person in exchange for money.

At sentencing, Pelayo faces a maximum statutory penalty of 20 years in federal prison.  Pelayo was remanded into federal custody after entering his guilty plea.  He will remain 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 Jacob Wishard 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 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 – Community Health Systems Professional Services Corporation (CHSPSC) and three affiliated New Mexico hospitals (collectively CHS) have agreed to pay the United States $75 million to settle allegations that they violated the False Claims Act by making illegal donations to county governments which were used to fund the state share of Medicaid payments to the hospitals, the Justice Department announced today.  CHSPSC is based in Franklin, Tennessee, and manages more than 200 affiliated hospitals in 29 states.  The three New Mexico hospitals are Eastern New Mexico Medical Center in Chaves County, Mimbres Memorial Hospital and Nursing Home in Luna County and Alta Vista Regional Medical Center in San Miguel County.

“Congress expressly intended that states and counties use their own money when seeking federal matching funds in order to encourage them to join the federal government in ensuring that Medicaid funds are spent on the needs of beneficiaries,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “When private hospitals violate the rules against hospital donations funding the state share, that important protection of the Medicaid program is destroyed.”

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

The United States alleged that from Aug. 1, 2000, through Dec. 31, 2010, CHS knowingly caused the state of New Mexico to present false claims to the United States for payments made to CHS under the SCP program by making improper donations to Chaves, Luna, and San Miguel counties, which were then used by the counties, and subsequently the state, to obtain federal matching payments.  The government alleged that CHS concealed the true nature of these donations to avoid detection by federal and state authorities, and as a result of its scheme, received SCP payments which were funded by the United States in the amount of three times CHS’ “donations.”

“Hundreds of thousands of New Mexicans depend on Medicaid for medical care and other services,” said U.S. Attorney Damon P. Martinez for the District of New Mexico.  “This litigation underscores the importance of maintaining the integrity of the Medicaid Program. Those who violate the law in order to profit from the Medicaid Program undercut the financial integrity of the program and can thus put at risk the availability of medical care and other services to those in need.  We are committed to protecting the integrity of the Medicaid Program no matter the effort required or the time it may take, even in the face of the most vigorous litigation.”

 “Hospitals that make provider donations with the expectation that they will receive a windfall from the Medicaid program threaten the integrity of the Medicaid program and will be held accountable,” said Special Agent in Charge Mike Fields for the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas region.

The settlement announced today stems from a whistleblower complaint filed by a former CHSPSC revenue manager, Robert Baker, pursuant to the qui tam provisions of the False Claims Act, which permit persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit.  The act also permits the government to intervene in and take over the lawsuit, as it did in this case as to some of Baker’s allegations.  The United States did not intervene in Baker’s allegations as to SCP payments made to two other affiliated New Mexico hospitals, Carlsbad Medical Center and Lea Regional Medical Center.  Today’s settlement also resolves these other allegations.  Baker will receive $18,671,561 as his share of the government’s recovery.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $23.5 billion through False Claims Act cases, with more than $15 billion of that amount recovered in cases involving fraud against federal health care programs.

The investigation and litigation of this case was conducted by Assistant U.S. Attorney Howard R. Thomas of the U.S. Attorney’s Office for the District of New Mexico and Senior Trial Counsel Robert J. McAuliffe and Elizabeth A. Rinaldo and Trial Attorney Adam R. Tarosky of the Justice Department’s Civil Division, with assistance from HHS-OIG and the Office of General Counsel of HHS.  The case is captioned United States ex rel. Baker v. Community Health Systems Professional Services Corporation, et al., Civ. Action No. 05-279 (D. N.M.).  The claims settled by this agreement are allegations only and there has been no determination of liability.

ALBUQUERQUE – James A. Vaughn, 64, of Albuquerque, N.M., pleaded guilty this morning to the misdemeanor offense of misusing Department of Treasury names and symbols.  Under the terms of his plea agreement, Vaughn will be sentenced to a year of probation.

Vaughn, a certified public accountant, was indicted in April 2014.  The two-count indictment charged Vaughn with misusing Treasury Department names and symbols and mail fraud.  Count 1 of the indictment alleged that in connection with his accounting practice, Vaughn used the words “Department of the Treasury” and “Internal Revenue Service” to convey the false impression that his business activity had been approved or endorsed by the Treasury Department or IRS.  Count 2 charged Vaughn with sending his client a bill by mail for work that had not actually been done, by falsely representing to a client that the client’s tax lien had been resolved by the Treasury Department and IRS, as described in Count 1.

Today Vaughn pled guilty to misusing Treasury Department names and symbols.  In entering his guilty plea, Vaughn admitted that in Jan. 2013, a client requested his services in resolving a federal tax lien.  Rather than actually resolving the tax lien, Vaughn admitted that he created a false document that used the Treasury symbol and stated that the tax lien had been resolved.  Vaughn committed this offense on Jan. 30, 2013, in Bernalillo County, N.M.

Vaughn’s sentencing date has yet to be scheduled.  In addition to his probationary sentence, he faces a fine not to exceed $10,000.00.

The case was investigated by the Treasury Inspector General for Tax Administration and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – The Albuquerque office of the DEA has expanded its Tactical Diversion Squad (TDS) to include two Santa Fe Police Department officers and an Albuquerque Police Department officer.  DEA’s TDSs 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.

The expansion of the TDS in Albuquerque was undertaken as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, which was launched earlier this month to address New Mexico’s heroin and opioid crisis.  The HOPE Initiative is a collaboration between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center working in partnership with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in Mexico.  The Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.

 “New Mexico’s opioid addiction and overdose death rates have been at or near the top of the national scale for years,” said U.S. Attorney Damon P. Martinez.  “We are pleased to have local officers from communities hardest hit by this crisis join our efforts to take on this deadly epidemic.”

Assistant Special Agent in Charge Sean R. Waite said, “DEA’s efforts in New Mexico are impossible without the support of our local partners.  We value the relationships we have developed with the Santa Fe and Albuquerque Police Departments.  Together we will continue to attack heroin and opioid trafficking in our communities.”

“The Santa Fe Police Department is committed to being part of this multi-agency response to a vicious epidemic that has trapped too many New Mexicans in a vicious cycle of drugs, criminality, incarceration and death,” said Santa Fe Police Chief Eric Garcia.  “We will work aggressively with our partners on the DEA’s Tactical Diversion Squad to keep our streets safe and our children free from drug addiction and abuse.”

“Heroin deaths have reached epidemic levels in the state,” said Albuquerque Police Chief Gorden E. Eden.  “The Drug Enforcement Agency has expanded its tactical diversion task force to target heroin dealers and the diversion of licit pharmaceuticals.  This expanded partnership will also focus on prevention, education and restoring our communities.”

The newly-expanded TDS will focus its efforts on the prevention and education and law enforcement components of the HOPE Initiative.  On the law enforcement front, the TDS will investigate violations of the Controlled Substances Act and other laws pertaining to the diversion of controlled substance pharmaceuticals.  It will prioritize investigating, disrupting and dismantling individuals and organizations involved in diversion schemes (e.g., “doctor shopping,” prescription forgery rings, and doctors or pharmacists who illegally diverts prescription controlled substances.  The TDS’s efforts on the prevention and education front will include educating medical professionals about how prescription drug trafficking and abuse contributes to New Mexico’s heroin and opioid epidemic, and making presentations on the dangers of prescription drug abuse to teenagers and their parents.

ALBUQUERQUE – Robert Lucero, 45, a member and resident of  Acoma Pueblo, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 24 months in federal prison followed by two years of supervised release for his assault conviction.

Lucero was arrested on May 21, 2014, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury.  Lucero subsequently was charged in a two-count indictment with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to court filings, Lucero assaulted the victim, also an Acoma Pueblo man, with a wooden bat or stick on May 1, 2014 within the boundaries of the Pueblo of Acoma Reservation.

On Sept. 29, 2014, Lucero entered a guilty plea to Count 2 of the indictment, and admitted assaulting the victim with a wooden axe handle on May 1, 2014.  Court filings reflect that the victim sustained several lacerations to the head that required medical stapling and stitching.

This case was investigated by the Albuquerque office of the FBI and Acoma Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Kyle Morrow, 30, of Albuquerque, N.M., pled guilty this morning to possession of a visual depiction of a minor engaged in sexually explicit conduct.  Morrow’s plea agreement requires that he be sentenced to 120 months in prison because of his prior child pornography conviction.

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 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 it.  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.

Today 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.

 Morrow has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.  Under the terms of his plea agreement, Morrow will be sentenced to 120 months in federal prison followed by a term of supervised release to be determined by the court.  As part of the conditions of release Morrow will be required to register as a sex offender after completing his prison sentence.

This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Forensic Laboratory, and is being 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/.

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 74 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 – Alvin Charley, 36, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., pleaded guilty this morning to a voluntary manslaughter charge.  Under the terms of the plea agreement, Charley will be sentenced to 120 months in federal prison followed by a term of supervised release to be determined by the court.

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.

During today’s proceedings, 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.

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

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.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting this case.

ALBUQUERQUE—Gabriel Chavez, 32, a non-Indian residing in Isleta Pueblo, N.M., pleaded guilty this morning to a child sexual abusive charge.  Under the terms of his plea agreement, Chavez will be sentenced to 30 months in federal prison followed by a term of supervised release to be determined by the court.  He 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 Indian Country 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.

Today 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.

Chavez remains in the custody of the U.S. Marshals Service pending his sentencing hearing which has yet to be scheduled.

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 – Sylvia Grado, 31, of Deming, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

Sylvia Grado was arrested in July 2014, together with co-defendants Juan Grado, 34, and Carlos Magallanes, 34, also of Deming, N.M., on a seven-count indictment alleging methamphetamine trafficking charges.  Count 1 charged the three defendants with conspiracy to distribute methamphetamine in Luna County, N.M., between Oct. 2012 and May 2013.  Counts 2 through 6 charged Juan Grado and Magallanes with distributing methamphetamine in Luna County on several occasions. Count 7 charged Sylvia Grado with distributing methamphetamine on May 14, 2013.

During yesterday’s hearing, Sylvia Grado pled guilty to Counts 1 and 7 of the indictment.  In her plea agreement, Sylvia Grado admitted that between Oct. 2012 and May 2013, she conspired with Juan Grado and Magallanes to distribute methamphetamine.  She further admitted that on May 14, 2013, she distributed approximately 28 grams of methamphetamine to an undercover law enforcement officer.

Juan Grado pled guilty on Jan. 2, 2015, to Counts 1, 3, and 6 of the indictment, and admitted distributing approximately 453 grams of pure methamphetamine.  Magallanes pled guilty on Jan. 16, 2015, to Counts 1, 2, 4, and 5 of the indictment, and admitted to conspiring with Juan Grado and others to distribute methamphetamine from Oct. 2012 through Jan. 2013.

At sentencing, Sylvia Grado and Juan Grado each face a mandatory minimum of ten years and a maximum of life in federal prison.  Magallanes faces a mandatory minimum of five years and a maximum of 40 years in prison at sentencing.  Sylvia Grado remains on conditions of release and under pretrial supervision pending her sentencing hearing, while Juan Grado and Magallanes remain in federal custody pending their sentencing hearings.

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

ALBUQUERQUE – Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Damon P. Martinez for the District of New Mexico, Assistant Director Randall C. Coleman of the FBI’s Counterintelligence Division and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division announced that Pedro Leonardo Mascheroni, a scientist formerly employed at the Los Alamos National Laboratory (LANL), was sentenced this morning for Atomic Energy Act and other violations relating to his communication of classified nuclear weapons data to a person he believed to be a Venezuelan government official.

Mascheroni, 79, a naturalized U.S. citizen from Argentina, was sentenced in Albuquerque, New Mexico, by U.S. District Judge William P. Johnson to 60 months in federal prison followed by the three years of supervised release.  His wife, Marjorie Roxby Mascheroni, 71, previously was sentenced in August 2014 to a year and a day of imprisonment followed by three years of supervised release for her conviction on conspiracy and false statement charges.

“The public trusts that the government will do all it can to safeguard Restricted Data from being unlawfully transmitted to foreign nations not entitled to receive it,” said Assistant Attorney General Carlin.  “We simply cannot allow people to violate their pledge to protect the classified nuclear weapons data with which they are entrusted.  Today’s sentencing should leave no doubt that counterespionage investigations remain one of our most powerful tools to protect our national security.  I thank the many people who worked to bring these convictions to fruition.”

“Our laws are designed to prevent ‘Restricted Data’ from falling into the wrong hands because of the potential harm to our national security,” said U.S. Attorney Martinez.  “Those who work at our country’s national laboratories are charged with safeguarding that sensitive information, and we must and will vigorously prosecute anyone who compromises our nation’s nuclear secrets for profit.  I commend the many agents, analysts and prosecutors who worked tirelessly to bring about the convictions in this case.  I also thank the Los Alamos National Laboratory for cooperating fully in the investigation and prosecution of this case.”

“This case demonstrates the consequences that result when those charged with protecting our nation’s secrets violate the trust placed in them by the American people,” said Assistant Director Coleman.  “Safeguarding classified material is vital to the public interest, and the FBI will continue to hold accountable those who knowingly and willfully threaten the national security of the United States through the unauthorized disclosure of protected information.”

“America trusts those who work with our country's classified information to keep it away from those who would harm us.  Anyone who betrays that trust for his own gain puts our nation's security up for auction, and the price for us all could be very high indeed,” said Special Agent in Charge Carol K.O. Lee of the FBI Albuquerque Division.  “Since World War II, the FBI has worked tirelessly to protect U.S. nuclear weapons data, and we are proud of our investigation in this case.”

Mascheroni, a Ph.D. physicist, worked as a scientist at LANL from 1979 to 1988 and held a security clearance that allowed him access to certain classified information, including “Restricted Data.”  Roxby Mascheroni worked at LANL between 1981 and 2010, where her duties included technical writing and editing.  She also held a security clearance at LANL that allowed her access to certain classified information, including “Restricted Data.”  As defined under the Atomic Energy Act, “Restricted Data” is classified information concerning the design, manufacture or use of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy.

Mascheroni and Roxby Mascheroni were indicted in September 2010 and charged with conspiracy to communicate and communicating Restricted Data to an individual with the intent to secure an advantage to a foreign nation, as well as conspiracy to convey and conveying classified information.  The indictment also charged Mascheroni with concealing and retaining U.S. records with the intent to convert them to his own use and gain, and both defendants with making false statements.

Mascheroni pleaded guilty in June 2013, to counts seven and eight of the indictment, charging him with conversion of government property and retention of U.S. records, and counts 10 through 15, charging him with making false statements.  Mascheroni also pleaded guilty to a felony information charging him with two counts of communication of Restricted Data and one count of retention of national defense information.

In entering his guilty plea, Mascheroni admitted that in November 2008 and July 2009, he unlawfully communicated Restricted Data to another individual with reason to believe that the data would be utilized to secure an advantage to Venezuela.  He also admitted unlawfully converting Department of Energy information to his own use and selling the information in November 2008 and July 2009, and failing to deliver classified information relating to the United States’ national defense to appropriate authorities and instead unlawfully retaining the information in his home.  Finally, Mascheroni admitted making materially false statements to the FBI when he was interviewed in October 2009.

Roxby Mascheroni pleaded guilty in June 2014, to count six of the indictment, charging her with conspiracy, and counts 16 through 22, charging her with making false statements.  She also pleaded guilty to a felony information charging her with conspiracy to communicate Restricted Data.  Roxby Mascheroni admitted that between October 2007 and October 2009, she conspired with Mascheroni to convey Restricted Data belonging to the United States to another person with reason to believe that the information would be used to secure an advantage to Venezuela.  She also admitted making materially false statements to the FBI when she was interviewed in October 2009.

The indictment in this case did not allege that the government of Venezuela or anyone acting on its behalf sought or was passed any classified information, nor did it charge any Venezuelan government officials or anyone acting on their behalf with wrongdoing.  The indictment also did not allege any wrongdoing by other individuals working at LANL.

This investigation was conducted by the FBI’s Albuquerque Division with assistance from the Department of Energy and LANL.  The prosecution was handled by Assistant U.S. Attorneys Fred J. Federici, Dean Tuckman and Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Senior Counsel Kathleen Kedian and Trial Attorney David Recker of the Counterespionage Section of the Justice Department’s National Security Division.

ALBUQUERQUE – A former Governor of Santa Ana Pueblo and a real estate consultant pleaded guilty this morning to federal embezzlement and tax charges arising out of a scheme to embezzle approximately $3,575,000.00 from the Indian Pueblo Federal Development Corporation (IPFDC), an Indian tribal organization formed by the 19 Pueblos of New Mexico for the purpose of developing land that once had been the site of the Albuquerque Indian School.

Bruce Sanchez, 60, a member, resident and former Governor of Santa Ana Pueblo, N.M., entered a guilty plea to embezzlement from an Indian tribal organization and tax evasion charges.  His co-defendant Thomas Keesing, 61, of Pecos, N.M., pled guilty to aiding and abetting embezzlement from an Indian tribal organization and the willful failure to file a tax return.  The guilty pleas were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Dawn Mertz of the Phoenix Field Office of IRS Criminal Investigation, and Matthew Elliot, Deputy Assistant Inspector General for Investigations for the Department of the Interior.

Sanchez and Keesing were indicted in Oct. 2012, and charged with a conspiracy offense and ten substantive embezzlement offenses arising out of the scheme to steal funds belonging to the IPFDC.  The 15-count indictment also charged Sanchez with three tax evasion counts alleging an aggregate federal tax loss of $655,276.00, and a misdemeanor count of willful failure to file a tax return.  In Aug. 2013, Keesing was charged by information with three misdemeanor counts of failure to file tax returns and those tax charges were consolidated into the case.  The information charged Keesing with failure to file federal tax returns for calendar years 2006, 2007 and 2008, even though he received gross income in the aggregate amount of $2,771,250.00 during those three years.

According to the indictment, between 2003 and 2009, Sanchez and Keesing conspired to embezzle approximately $3,575,000.00 from the IPFDC.  During that time, Sanchez was the president and chief executive officer of the IPFDC.  Keesing, a commercial real estate developer and the owner of New Mexico Real Estate, Inc. (NMREI), worked as a consultant for IPFDC in 2002 and 2003.  Sanchez and Keesing engaged in a scheme to unlawfully profit from the development of the Albuquerque Indian School property by having Keesing submit false and fraudulently inflated invoices for payment from NMREI to the IPFDC.  Sanchez approved the invoices even though the payments were vastly in excess of the value of any services provided by Keesing and NMREI.  Keesing then shared the proceeds of the fraudulently obtained IPFDC payments with Sanchez.  Between 2003 and 2008 and as a result of this illegal scheme, Keesing and NMREI received $3,775,000.00 in payments from the IPFDC, including $3,575,000.00 that was fraudulently obtained.  During that same period, Sanchez and Tsachu, LLC, his solely-owned consulting company, received approximately $1,722,823.04 from Keesing and NMREI.

This morning, Sanchez entered guilty pleas to Counts 3 and 13 of the indictment charging him with embezzlement from an Indian tribal organization and tax evasion, respectively.  Sanchez’s plea agreement details the embezzlement scheme through which Sanchez and Keesing defrauded the IPFDC of $3,575,000.00.  Sanchez brought Keesing onto the IPFDC development team in 2002 and Keesing performed services for the IPFDC in 2002 and 2003.  Thereafter, Sanchez and Keesing entered into a brokerage and development agreement that was never presented to the IPFDC board for approval, and used the agreement as the vehicle to perpetuate their embezzlement scheme.   Between Jan. 2005 and Nov. 2008, Keesing and NMREI submitted more than 100 invoices for professional services purportedly provided in connection with the development of the Albuquerque Indian School site.  Sanchez arranged for the IPFDC to pay the invoices, and in return, Sanchez and Tsachu, LLC, received more than 100 checks in the aggregate amount of $1,652,823.04 from Keesing and NMREI.  Although this illegally obtained money was taxable income, Sanchez did not report the income to the IRS.

Keesing pled guilty to Count 3 of the indictment charging him with aiding and abetting embezzlement from an Indian tribal organization, and Count 1 of the misdemeanor information charging him with the willful failure to file an income tax return.  Keesing’s plea agreement sets forth a detailed description of his role in the embezzlement scheme that defrauded the IPFDC of $3,575,000.00.  According to his plea agreement, Keesing shared these illegally obtained proceeds with Sanchez with Sanchez taking $1,652,823.00, and Keesing retaining the balance.  Keesing acknowledged that Sanchez provided nothing of value in return for this money and used Keesing as a conduit to receive IPFDC funds to which he was not entitled.  Keesing participated in the scheme to obtain additional compensation for work he previously performed on behalf of the IPFDC and for which he felt he was not adequately compensated.  Although the proceeds Keesing obtained from the IPFDC were taxable income, he failed to file federal tax returns reporting the income.

Sanchez and Keesing remain on conditions of release and under pretrial supervision pending their sentencing hearings, which have yet to be scheduled.  At sentencing, Sanchez faces a statutory maximum penalty of five years in prison on each of the two counts of conviction.  Keesing faces a statutory maximum of five years in prison on the embezzlement count and up to one year in prison on the tax count.  The plea agreements also require that Sanchez and Keesing pay full restitution to the IPFDC for the losses it sustained as a result of their criminal conduct.    

In announcing the guilty pleas, U.S. Attorney Damon P. Martinez said, “The IPFDC was established to develop real estate for the benefit of the 19 Pueblos of New Mexico and their people.  Bruce Sanchez was entrusted to spearhead that development.  Instead, Sanchez betrayed the people he was duty-bound to serve.”

“Mr. Sanchez and Mr. Keesing used their positions of power to line their own pockets at the expense of the members of New Mexico’s Pueblos. By pleading guilty today and accepting responsibility, the defendants have taken a positive first step in making amends for the harm they have caused,” stated IRS Criminal Investigation Special Agent in Charge Dawn Mertz.

“The investigation and successful prosecution of Sanchez and Keesing exemplifies the good that occurs when law enforcement agencies and the Department of Justice collaborate in the public interest,” said Matthew Elliott, Deputy Assistant Inspector General for Investigations for the Department of the Interior.

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

ALBUQUERQUE – Justin E. Clark, 22, of Las Cruces, N.M., was sentenced today in Las Cruces federal court to 63 months in federal prison for violating the federal firearms laws.  Clark will be on supervised release for 3 years after completing his term of incarceration.

Clark was arrested on April 22, 2014, on a criminal complaint charging him with distribution of a controlled substance, possession of a machine gun, possession of a firearm by a drug addict, possession of a firearm with an obliterated serial number, and possession of a silencer.  Clark has been in federal custody since his arrest.

On Sept. 3, 2014, Clark pled guilty to a two-count felony information charging him with being a drug addict in possession of a firearm, and unlawfully possessing a machinegun.  In his plea agreement, Clark admitted that on April 18, 2014, he illegally purchased and possessed a fully automatic machinegun that had an obliterated serial number and silencer.  Clark further admitted that he possessed the firearm at a time when he was addicted to crack cocaine.

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

The HIDTA Region VII 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 – James H. Clark, Jr., 62, of Las Cruces, N.M., was sentenced late yesterday afternoon in Las Cruces federal court for possession with intent to use forged and counterfeited postage meter stamps.  Clark was sentenced to five years of probation and was ordered to pay $365,827.00 in restitution to the U.S. Postal Service.

Clark, the owner and operator of a business selling books through internet websites, was indicted on Feb. 19, 2014, and charged with possession with intent to use forged and counterfeited postage meter stamps.  He pled guilty to the indictment on April 10, 2014.

In entering his guilty plea, Clark admitted that on Oct. 19, 2010, he knowingly possessed 1,527 forged and counterfeited postage meter stamps that he created by copying original postage meter stamps that he purchased from stamps.com.  Clark also admitted that he intended to use the forged and counterfeited stamps to mail packages through the U.S. Postal Service.  He acknowledged that the total face value of the forged and counterfeited stamps was $9,142.98.  In his plea agreement, Clark acknowledged that the U.S. Postal Service sustained $365,827.00 in losses as a result of his criminal activities, and agreed to pay restitution in that amount.

This case was investigated by the U.S. Postal Inspection Service and was prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Charlene Baca, 44, of Albuquerque, N.M., was sentenced today to time-served (189 days in custody) followed by three years of supervised release for her  conviction for theft from an Indian gaming establishment.

Baca was arrested on Oct. 5, 2013, on a criminal complaint charging her with threatening a cashier and attempting to rob the Route 66 Casino located on Laguna Pueblo in Cibola County, N.M.  According to the complaint, Baca told the cashier that she had a bomb in the casino and demanded money.

On Sept. 17, 2014, Baca entered a guilty plea to a felony information and admitted that she attempted to steal money belonging to the Route 66 Casino on Oct. 5, 2013, by suggesting to the cashier that there was a destructive device in the Casino that would explode in seconds and that she could remotely deploy the bomb if the cashier did not give her money.  Baca was arrested by officers of the Pueblo of Laguna Trial Police Department shortly thereafter.  No explosive device was found during the course of the investigation.

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Programs, the Pueblo of Laguna Pueblo Tribal Police Department, the Bernalillo County Sheriff’s Office, the New Mexico State Police and the Albuquerque Police Department.  The case was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Gilbert Gonzales, 34, of Albuquerque, N.M., pleaded guilty today to violating the Hobbs Act and federal firearms laws.  Under the terms of his plea agreement, Gonzales will be sentenced to 156 months (13 years) in federal prison followed by a term of supervised release to be determined by the court.

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 officer of the Albuquerque Police Department found a firearm and ammunition in a vehicle Gonzales was driving following 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.

Gonzales subsequently was indicted in April 2014, in a five-count superseding indictment charging him with two counts of being a felon in possession of a firearm, one count of possession of a stolen firearm, one count of commercial robbery , and using and brandishing a firearm in relation to a crime of violence.  The indictment alleged that Gonzales unlawfully possessed firearms in Bernalillo County on May 25, 2013 and June 5, 2013.  It further alleged that he possessed a stolen firearm on May 25, 2013.  It also alleged that Gonzales interfered with interstate commerce by robbing a commercial business at gunpoint on May 29, 2013, and brandishing a firearm at an employee of the business during the robbery.

During today’s proceedings, Gonzales pled guilty to the armed robbery of a business engaged in interstate commerce and to brandishing a firearm during the 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.

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

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistants U.S. Attorneys David M. Walsh and Louis E. Valencia are prosecuting this case.

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

ALBUQUERQUE – David Mendez Bojorquez, 59, of Phoenix, Ariz., pleaded guilty this morning in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Mendez Bojorquez was arrested on Dec. 8, 2014, at the Greyhound Bus Station in Albuquerque, N.M., after DEA agents and task force officers executed a federal search warrant on his suitcase and found a package containing more than a gross kilogram of heroin.  Mendez Bojorquez subsequently was indicted on Dec. 16, 2014, and charged with possession of a mixture and substance containing a detectable amount of heroin.

During today’s change of plea hearing, Mendez Bojorquez pled guilty to a felony information charging him with possession with intent to distribute a mixture and substance containing a detectible amount of heroin.  In his plea agreement, Mendez Bojorquez admitted that he had heroin in his suitcase when he was encountered by law enforcement officers at the Greyhound Bus Station on Dec. 7, 2014.  He further admitted that the officers found and seized the heroin after obtaining a search warrant for his suitcase.

Mendez Bojorquez will be in federal custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, he faces a statutory maximum sentence of 20 years in federal prison.

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.  The case is being prosecuted by Assistant U.S. Attorney David Walsh.

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 – Representatives from the U.S. Attorney’s Office and the DEA participated in the New Mexico Pharmacists Association’s Mid-Winter Meeting held this weekend in Albuquerque, N.M., for the purpose of educating the Association’s membership about how prescription drug trafficking and abuse contributes to New Mexico’s heroin and opioid epidemic and enlisting their support in combatting the epidemic.

Group Supervisor Richard Stark of the Tactical Diversion Squad at the Albuquerque Office of the DEA delivered a presentation entitled, “The Prescription Drug Epidemic in New Mexico:  How Promoting a Partnership between the DEA and Pharmacists Can Help.”   Assistant U.S. Attorney Joel R. Meyers, Supervisor of the Organized Crime Section of the U.S. Attorney’s Office, discussed the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  This Initiative, which was launched earlier this month, is a collaboration between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center in partnership 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.

“New Mexico’s opioid addiction and overdose death rates have been at or near the top of the national scale for years,” said U.S. Attorney Damon P. Martinez.  “Under the HOPE Initiative, one way we will take on this epidemic is by educating medical professionals about how they can educate their patients, particularly young adults, about the dangers of prescription drug abuse.”

Special Agent in Charge Will Glaspy of DEA’s El Paso Division added, “DEA is committed to developing and maintaining strong working relationships with pharmacists and other registrants.  By ensuring that pharmacists have the education and tools they need so they can educate parents and young people about the dangers of prescription drug misuse and abuse, we can and will make a difference in combatting this deadly epidemic.”

The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The participation of the U.S. Attorney’s Office and the DEA in the New Mexico Pharmacists Association’s Med-Winter Meeting was undertaken under the prevention and education component of the HOPE Initiative.

ALBUQUERQUE – Undrio Antwanne Roebuck, 43, of Shreveport, La., was sentenced this morning in federal court in Las Cruces, N.M., to a year and a day in federal prison for failing to comply with the Sex Offender Registration and Notification Act (SORNA) while residing in Hobbs, N.M.  Roebuck will be on supervised release for five years after completing his prison sentence.  He also will be required to register as a sex offender after he completes his prison sentence.

U.S. Attorney Damon P. Martinez said that Roebuck was convicted for violating SORNA, known as the Adam Walsh Protection and Safety Act.  SORNA 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. SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the U.S., and aims to close gaps and loopholes that existed under prior law and generally strengthens the nationwide network of sex offender registration and notification programs.

 “The Marshals Service remains committed to the safety of our many communities, and by working with our local, county, tribal and state law enforcement agencies, every investigative lead will be exhausted,” said U.S. Marshal Conrad E. Candelaria.  “The goal is locating and apprehending sex offenders, a collaborative effort which has been embraced by law enforcement because many of these fugitives remain elusive and go through great lengths to avoid detection and apprehension.  Through effective partnerships, our successes once again have resulted in a dangerous fugitive behind bars so he will no longer be a threat to our children, families and communities.”

Roebuck was arrested in Nov. 2013, in Shreveport, La., on an indictment charging him with failure to register as a sex offender while residing in Lea County, N.M.  Roebuck was required to register as a sex offender because he had been convicted of sexually assaulting a minor in 1999.  Based on that conviction, Roebuck is required to update his sex offender registration every 90 days for the rest of his life.  Roebuck pled guilty to the indictment on March 11, 2014, without the benefit of a plea agreement.

This case was investigated by the Las Cruces office of the U.S. Marshals Service, the Lea County Sheriff’s Department and the Caddo Parish (Louisiana) Sheriff’s Department.  Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Javin Keith Reano, 22, a member and resident of Kewa Pueblo, N.M., was sentenced this morning to 84 months in federal prison for his aggravated sexual abuse conviction.  Reano will be on supervised release for five years after completing his prison sentence.  He will be required to register as a sex offender after he completes his prison sentence.

Reano was arrested in May 2014, on an indictment charging him with aggravated sexual abuse.  According to court filings, on July 19, 2013, Reano sexually assaulted the victim, an Indian woman, in a location within Kewa Pueblo in Sandoval County, N.M.

Reano entered a guilty plea on Sept. 22, 2014, to the indictment and admitted raping the victim on July 19, 2013.  In his plea agreement, Reano acknowledged forcing the victim to engage in a sexual act against her will.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

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 – Brian J. Juanico, 37, a member and resident of the Acoma Pueblo, N.M., pleaded guilty today to an indictment charging him with three counts of assault of an intimate partner by strangulation.  The guilty plea was entered without the benefit of a plea agreement.

Juanico was arrested on Aug. 15, 2014, on a criminal complaint alleging that on April 6, 2014, he assaulted his intimate partner, an Acoma Pueblo woman, by strangulation.  According to the complaint, Juanico committed the crime on the Acoma Indian Reservation in Cibola County, N.M.  Court records reflect that Juanico was arrested on related tribal charges on May 1, 2014.

Juanico was indicted in Sept. 2014, in an indictment charging him with assaulting his intimate partner on April 6, 2014.  The indictment alleged that Juanico strangled and attempted to suffocate the victim three separate and distinct times on that day.

Today Juanico pled guilty to all three counts of the indictment.  He was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing Juanico faces a statutory maximum sentence of ten years in federal prison.

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 is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.

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 – Mervin Hayah, 47, a member and resident of Acoma Pueblo, N.M., pled guilty this morning for failing to comply with the Sex Offender Registration and Notification Act (SORNA).

 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.

Hayah was arrested on Nov. 20, 2013, in Grants, N.M., on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration.  On Dec. 17, 2013, Hayah was indicted for failing to update his registration between July 2013 and Oct. 2013 in Cibola County, N.M.

According to court filings, Hayah was convicted of a federal child sexual abuse offense in April 2002.  On July 15, 2011, Hayah registered as a sex offender in Cibola County, N.M., and on April 29, 2013, he registered as a sex offender with the Acoma Pueblo Police in Acoma Pueblo.  When he registered with Acoma Pueblo, Hayah was informed that he was required to update his registration by July 29, 2013.  Records reflect that Hayah failed to update his registration as required.

Today Hayah pled guilty to the indictment.  At sentencing, Hayah faces a statutory maximum penalty of ten years in prison.  Hayah has been in federal custody since his arrest and remains detained pending his sentencing hearing.

This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.

ALBUQUERQUE – Thomas R. Rodella, 53, the former Rio Arriba County Sheriff, was sentenced today by U.S. District Court Judge James O. Browning for his conviction on criminal civil rights and firearms charges.  Rodella was sentenced to 37 months in federal prison for his deprivation of rights conviction and an additional 84 months for brandishing a firearm while committing the civil rights offense, for an aggregate sentence of 121 months of imprisonment.  Rodella will be on supervised release for three years after completing his prison sentence.  Rodella also was ordered to pay a $200,000.00 fine.

In announcing Rodella’s sentence, U.S. Attorney Damon P. Martinez said, “When he attacked a defenseless innocent civilian, Sheriff Rodella chose to abuse his power rather than uphold his oath to protect the public.  The Justice Department will continue to vigorously investigate and prosecute officers who cross that line because they discredit the noble service of every other law enforcement officer and weaken the public’s trust in those who are sworn to protect them.  I commend the prosecutors and investigators for their outstanding work on this case.”

“The American people hold their law enforcement officers to high standards, and those standards are even higher for the leaders of public safety agencies.  Although the FBI realizes the majority of officers perform their duties in an exemplary and even heroic manner, we will not hesitate to investigate those who betray the public's trust,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.  “I want to thank the FBI Special Agents and support staff who worked on this investigation, as well as the U.S. Attorney’s Office for a successful prosecution in this case.”

On Sept. 26, 2014, a federal jury found Rodella guilty of the crimes alleged in a two-count superseding indictment.  Both crimes arose out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which Rodella engaged in an unjustified high-speed pursuit and unreasonable seizure of a victim identified as “M.T.”  Count 1 of the indictment charged Rodella with violating the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law.  Count 2 charged him with brandishing a firearm during a crime of violence.  Rodella was the Sheriff of Rio Arriba County when the jury returned its guilty verdict.  He resigned from his position as Sheriff on Sept. 29, 2014.

The trial evidence established that on March 11, 2014, Rodella and his son Thomas Rodella, Jr., who were in Rodella’s personal vehicle, engaged in an unjustified high-speed pursuit of the victim and used the vehicle to block the victim’s vehicle on a dead-end lane.  Rodella, who was not in uniform, jumped out of his vehicle with firearm in hand, entered the victim’s vehicle, and assaulted the victim with the firearm.  Rodella, Jr., dragged the victim out of his vehicle and identified the victim’s assailant as the Sheriff.  When the victim requested to see Rodella’s badge, Rodella pulled the victim’s head up by his hair and slammed his badge into the victim’s face.  The victim suffered injuries to his face and his hand as a result of the assault; the injury to the victim’s hand required surgical repair. 

The evidence also established that Rodella instructed his deputies to arrest the victim and detain him at the Rio Arriba County Detention Center.  The victim was released from custody two days later after appearing before a state magistrate, and the charges against him were dismissed on March 26, 2014.  Deputies of the Rio Arriba Sheriff’s Office testified they did not conduct any investigation of the incident or prepare any reports until after the case was dismissed. 

The case was investigated by the Albuquerque and Santa Fe offices of the FBI and was prosecuted by Assistant U.S. Attorneys Tara C. Neda and Jeremy Peña.

Thomas R. Rodella, 53, the former Rio Arriba County Sheriff, was sentenced today by U.S. District Court Judge James O. Browning for his conviction on criminal civil rights and firearms charges.  Rodella was sentenced to 37 months in federal prison for his deprivation of rights conviction and an additional seven years for brandishing a firearm while committing the civil rights offense, for an aggregate sentence of 121 months of imprisonment.  Rodella will be on supervised release for three years after completing his prison sentence.  Rodella also was ordered to pay a $200,000 fine U.S. Attorney Damon P. Martinez for the District of New Mexico announced.

“When he attacked a defenseless innocent civilian, Sheriff Rodella chose to abuse his power rather than uphold his oath to protect the public,” U.S. Attorney Martinez said.  “The Justice Department will continue to vigorously investigate and prosecute officers who cross that line because they discredit the noble service of every other law enforcement officer and weaken the public’s trust in those who are sworn to protect them.  I commend the prosecutors and investigators for their outstanding work on this case.”

“The American people hold their law enforcement officers to high standards, and those standards are even higher for the leaders of public safety agencies,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.  “Although the FBI realizes the majority of officers perform their duties in an exemplary and even heroic manner, we will not hesitate to investigate those who betray the public's trust.  I want to thank the FBI Special Agents and support staff who worked on this investigation, as well as the U.S. Attorney’s Office for a successful prosecution in this case.”

On Sept. 26, 2014, a federal jury found Rodella guilty of the crimes alleged in a two-count superseding indictment.  Both crimes arose out of an incident occurring on March 11, 2014, in Rio Arriba County, New Mexico, during which Rodella engaged in an unjustified high-speed pursuit and unreasonable seizure of a victim identified as “M.T.”  Count 1 of the indictment charged Rodella with violating the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law.  Count 2 charged him with brandishing a firearm during a crime of violence.  Rodella was the sheriff of Rio Arriba County when the jury returned its guilty verdict.  He resigned from his position as sheriff on Sept. 29, 2014.

The trial evidence established that on March 11, 2014, Rodella and his son Thomas Rodella Jr., who were in Rodella’s personal vehicle, engaged in an unjustified high-speed pursuit of the victim and used the vehicle to block the victim’s vehicle on a dead-end lane.  Rodella, who was not in uniform, jumped out of his vehicle with firearm in hand, entered the victim’s vehicle and assaulted the victim with the firearm.  Rodella Jr. dragged the victim out of his vehicle and identified the victim’s assailant as the sheriff.  When the victim requested to see Rodella’s badge, Rodella pulled the victim’s head up by his hair and slammed his badge into the victim’s face.  The victim suffered injuries to his face and his hand as a result of the assault; the injury to the victim’s hand required surgical repair. 

The evidence also established that Rodella instructed his deputies to arrest the victim and detain him at the Rio Arriba County Detention Center.  The victim was released from custody two days later after appearing before a state magistrate and the charges against him were dismissed on March 26, 2014.  Deputies of the Rio Arriba Sheriff’s Office testified they did not conduct any investigation of the incident or prepare any reports until after the case was dismissed. 

The case was investigated by the Albuquerque and Santa Fe offices of the FBI and was prosecuted by Assistant U.S. Attorneys Tara C. Neda and Jeremy Peña.

Little Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Cody Allen Little, 34, of Lovington, N.M., was sentenced today in federal court in Las Cruces, N.M., to 150 months in federal prison followed by three years of supervised release for violating the federal firearms laws.  The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Lea County Sheriff Steve Ackerman.

U.S. Attorney Damon P. Martinez said that Little was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this anti-violence 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.

“It is an honor to work with our federal partners to take dangerous criminals off our streets,” said 5th Judicial District Attorney Janetta B. Hicks.

“This investigation is an example of the hard work of ATF special agents and the excellent cooperation we have with our law enforcement partners.  Because of this cooperation, we were able to seize these stolen firearms and remove them from this prohibited possessor,” said Special Agent in Charge Thomas G. Atteberry. “This sentence sends a clear message that gun crime equals hard time.  The success of this investigation is attributed to the excellent undercover work that was conducted and the solid partnership between ATF, our law enforcement partners, and the United States Attorney’s Office.”

Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment.  The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M.  At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County:  (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.

On May 21, 2013, a federal jury found Little guilty on both counts of the superseding indictment.  The trial evidence established that on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen.  Within days, law enforcement authorities and the FFL received tips leading them to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.

On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips.  While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight.  When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position.  Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.

After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living.  The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house.  The second, a 12 gauge shotgun, was found under the bed in the well-house.  Two shot gun shells were found on a shelf above the bed.  Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011.  After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011.  The state charges against Little were dismissed after he was arrested on federal charges.

The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and was prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga and Shaheen P. Torgoley.

ALBUQUERQUE – The Justice Department announced today that, jointly with the city of Albuquerque, it is notifying the District Court of the selection of Dr. James R. Ginger – a nationally recognized expert on police reform and organizational change – as the independent monitor of the settlement agreement entered into by the department and the city of Albuquerque to reform the Albuquerque Police Department (APD).  Ginger and his team will be responsible for independently assessing the full implementation of the settlement agreement; reporting on the status of compliance to the court, the parties and the community; assisting the parties in resolving compliance challenges that may emerge; and providing technical guidance as needed to the APD.

Ginger has successfully overseen similar court-enforceable agreements aimed at increasing community trust and implementing sustainable police reforms.  He has first-hand experience in ensuring critical reform across the country and a proven record of timely implementing reform.  He was appointed as independent monitor over the first consent decree ever obtained by the Justice Department in Pittsburgh, Pennsylvania, as part of its enforcement of civil rights laws aimed at ensuring constitutional and effective policing.  He worked closely with the parties and the Pittsburgh Bureau of Police to implement comprehensive reforms, designed to address excessive use of force, false arrests, improper searches and seizures, failures in the disciplinary system and inadequate first-line supervision.  He was also appointed as monitor over the consent decree involving the New Jersey State Police and its efforts to eradicate discriminatory policing practices.  Ginger has been a leader in developing monitoring technologies and methodologies used in evaluating compliance with federal consent decrees.  Ginger has also worked with law enforcement agencies in New York, Ohio, Texas, Florida, Georgia, Alabama, Indiana and others.  He is currently the Chief Executive Officer of Public Management Resources Inc. (PMR) and is responsible for strategic planning, marketing, budgeting and management.

Before founding PMR, Ginger worked as an Associate Professor of Criminal Justice, Executive Director for the Center of Justice Policy, Deputy Director of the Police Foundation and Director of the Southern Police Institute.  Ginger was credited with planning, developing and implementing a nationwide technical assistance and training project for the United States Bureau of Justice Assistance and developing nation-wide programs as part of the Southern Police Institute.

The monitoring team led by Ginger includes experts who have proven experience in assessing reform similar to those contained in the settlement agreement with Albuquerque.  The members of the monitoring team will include, among others, G. Patrick Gallagher, President of the Gallagher-Westfall Group; Dan Giaquinto, legal specialist and partner at Kern, Augustine, Conroy, & Schoppman, P.C.; Phil Coyne, Principal of Coyne Enterprise Solutions LLC; Mary Kealoha, Vice-President of the Gallagher-Westfall Group; Albert Preik, former Training Director for the Pittsburgh Bureau of Police; Peter Sarna, nationally recognized expert in police training and use of force; and Dave Torres, former Commandant of the New Jersey State Police training academy.

“We thank all of the individuals and firms that submitted letters of interest to serve as monitor and for their many accomplishments,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “The decision to select the most qualified candidate from among the field was not an easy one, and we thank the community and other stakeholders for their input on this critical step of the implementation process.”

“Dr. Ginger’s proven success with police departments and criminal justice systems in the United States will assist in promoting compliance with critical structural and systemic reforms that are necessary to restoring public confidence and achieving effective and constitutional policing in Albuquerque,” said U.S. Attorney Damon Martinez for the District of New Mexico.  “We are pleased to have worked collaboratively with the City to select Dr. Ginger, who we believe is uniquely positioned to assess and report on the Albuquerque Police Department’s reform efforts.”

Ginger’s application materials can be found here.

The complaint, the final agreement, and other information regarding this matter can be found at http://www.justice.gov/usao/nm/APD.html and www.justice.gov/crt/about/spl.

ALBUQUERQUE – Andrea Carrillo, 22, a member of the Laguna Pueblo, N.M., was sentenced this afternoon in federal court to 21 months in federal prison followed by two years of supervised release for her assault conviction arising out of the drive-by shooting of an Acoma Pueblo home. 

Carrillo is the last of four members of Laguna Pueblo to be sentenced in this case.  Her three co-defendants three were sentenced in Dec. 2014, based on guilty pleas to assault charges. Preston Chino, 22, and Cameron Joseph Kasero, 21, were each sentenced on Dec. 2, 2014, to 96 months in federal prison followed by three years of supervised release.  Joseph Edward Lucero, 25, was sentenced on Dec. 9, 2014, to 74 months in federal prison followed by two years of supervised release.

The four co-defendants were indicted on assault and firearms offenses in July 2013.  The indictment alleged that the quartet assaulted two men and a woman on Dec. 9, 2012, by discharging firearms at a residence located in Acoma Pueblo in Cibola County, N.M.

Chino pled guilty on Aug. 27, 2014, and admitted aiding Kasero and Lucero in assaulting the victims by providing them with shotguns and ammunition.  He also admitted driving them to the victims’ Acoma Pueblo home where they discharged the shotguns multiple times in the direction of the residence.  Kasero pled guilty on Sept. 2, 2014, and admitted assaulting the victims by discharging a shotgun at a residence while it was occupied by the victims.  Lucero pled guilty on Sept. 9, 2014, and admitted repeatedly discharging a weapon at the victims’ residence. 

Carrillo pled guilty on Sept. 2, 2014, and admitted aiding the assault on the victims by providing her co-defendants with directions to the residence while knowing that they intended to commit an assault at that location. 

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, the Acoma Pueblo Tribal Police Department and the Pueblo of Laguna Tribal Police Department.  Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.

ALBUQUERQUE – El Departamento de Justicia anunció hoy que conjuntamente con la Ciudad de Albuquerque, ha presentado ante el Tribunal de Distrito de los Estados Unidos, el nombramiento del Dr. James R. Ginger, experto reconocido a nivel nacional en reforma policial  y cambio administrativo, como monitor independiente del acuerdo de resolución logrado entre el Departamento y la Ciudad para reformar al Departamento de Policía de Albuquerque (APD, sus siglas en inglés).  El Dr. Ginger y su equipo tendràn la responsabilidad de evaluar, de manera independiente, la implementación completa del acuerdo de resolución, así como de reportar sobre el estatus de su cumplimiento al tribunal, a las partes y a la comunidad; ayudar a las partes a resolver retos que se presenten en su cumplimiento y a dar orientación técnica a APD, según sea necesaria. 
                                                                                                                                            
El Dr. Ginger ha supervisado exitosamente acuerdos similares, ejecutables ante el tribunal, que han tenido como fin aumentar la confianza comunitaria e implementar reformas policiales sostenibles.  El Dr. Ginger posee experiencia de primera mano en asegurar reformas críticas en todo el país, y un récord comprobado de implementación en un tiempo óptimo.  El Dr. Ginger fue nombrado monitor independiente del primer decreto por consentimiento logrado por el Departamento de Justicia en Pittsburgh, Pennsylvania, el cual tenía como meta hacer cumplir leyes de derechos civiles cuyo fin es asegurar principios policiales constitucionales y efectivos.  Trabajó en estrecha colaboración con las Partes y la Agencia de Policía de Pittsburgh para implementar reformas completas, diseñadas para enfrentar el uso de fuerza excesivo, arrestos falsos, registros e incautaciones inapropiadas, fallas en el sistema disciplinario y supervisión inmediata inadecuada.  También fue nombrado monitor del decreto por consentimiento que tuvo que ver con la Policía Estatal de Nueva Jersey y con los esfuerzos de la misma para erradicar pràcticas policiales discriminatorias.  El Dr. Ginger ha sido líder en el desarrollo de técnicas de monitoreo y metodologías utilizadas para evaluar el cumplimiento de decretos federales de consentimiento.  El Dr. Ginger ha trabajado con agencias de policía en Nueva York, Ohio, Texas, Florida, Georgia, Alabama, Indiana y otros.  Actualmente es presidente de Public Management Resources, Inc. (Administración de Recursos Públicos (PMR, sus siglas en inglés) y es responsable de planeación estratégica, mercadeo, presupuesto y administración. 

Antes de formar PMR, el Dr. Ginger trabajó como Profesor Adjunto de Justicia Criminal, Director Ejecutivo del Center for Justice Policy (Centro de Políticas para la Justicia), Subdirector de Police Foundation (Fundación de Policía) y Director del Southern Police Institute (Instituto Sureño de Policía).  Al Dr. Ginger se le acredita la planeación, el desarrollo e implementación de un proyecto a nivel nacional de ayuda técnica y entrenamiento para el Bureau of Justice Assistance (Oficina de Asistencia para la Justicia) del Departamento, y con haber desarrollado programas nacionales como parte del Southern Police Institute (Instituto Sureño de Policía).

El equipo de monitoreo encabezado por el Dr. Ginger incluye expertos quienes han demostrado conocimientos en evaluar reformas similares a las contenidas en el acuerdo de resolución de Albuquerque.  Los miembros del equipo de monitoreo incluiràn entre otros a, G. Patrick Gallagher, Presidente del Grupo Gallagher-Westfall; Dan Giaquinto, especialista legal y socio de Kern, Augustine, Conroy & Schoppman, P.C.; Phil Coyne, Director de Coyne Enterprise Solutions LLC; Mary Kealoha, Vicepresidente del Grupo Gallagher-Westfall; Albert Preik, Ex Director de entrenamiento de la Oficina de Policía de Pittsburgh; Peter Sarna, experto reconocido nacionalmente como entrenador de policía en el uso de fuerza y Dave Torres, Ex Comandante de la academia de entrenamiento de la Policía Estatal de Nueva Jersey. 

“Le damos las gracias a todos los individuos y firmas que sometieron cartas de interés para servir como monitores y por sus innumerables logros”, dijo Vanita Gupta, Procuradora General Interina de la División de Derechos Civiles.  “La decisión de seleccionar al candidato mejor calificado de entre todos, no fue fàcil y le damos las gracias a la comunidad y a otros interesados por su aportación en este paso crítico en el proceso de implementación”.

“El éxito demostrado por el Dr. Ginger con departamentos de policía y sistemas de justicia criminal en los Estados Unidos, ayudarà a promover el cumplimiento de la estructura crítica y las reformas sistémicas que son necesarias para reestablecer la confianza del público, y lograr pràcticas policiales constitucionales y efectivas en Albuquerque” dijo Damon Martínez, Procurador Federal de los Estados Unidos por el Estado de Nuevo México.  “Nos complace haber trabajado en colaboración con la Ciudad para seleccionar al Dr. Ginger, quien creemos està en una posición única para ayudar y reportar sobre los esfuerzos de reforma del Departamento de Policía de Albuquerque”.

Los documentos de la solicitud del Dr. Ginger se pueden encontrar aqui.

Copia de la demanda y del acuerdo final se pueden encontrar en http://www.justice.gov/usao/nm/APD.html y www.justice.gov/crt/about/spl.

ALBUQUERQUE – Israel Mireles-Rivera, 33, a Mexican national unlawfully in the United States and residing in Hagerman, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

Mireles-Rivera and co-defendant Ediberto Guzman, 61, of Carlsbad, N.M., were arrested in Jan. 2014, on a three-count indictment alleging methamphetamine trafficking and firearms charges.  Count 1 of the indictment charged the two men with conspiracy to distribute methamphetamine from Feb. 2013 through Oct. 2013 in Eddy and Chaves Counties, N.M.  Counts 2 and 3 respectively charged Mireles-Rivera alone with possession of methamphetamine with intent to distribute and being an alien illegally in possession of a firearm.

According to the indictment, between Feb. 2013 and Oct. 2013, Mireles-Rivera provided methamphetamine to Guzman on multiple occasions, and Guzman sold the methamphetamine to others, including a person who was working as a confidential source for law enforcement officers.  It also alleged that on Oct. 17, 2013, Mireles-Rivera had more than 180 grams of methamphetamine hidden in a vehicle outside his residence and a smaller amount of methamphetamine inside his residence.

Guzman pled guilty to Count 1 of the indictment on April 25, 2014, and was sentenced on June 26, 2014, to 48 months in federal prison followed by three years of supervised release.

During this afternoon’s proceedings, Mireles-Rivera pled guilty to a two-count felony information charging him with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute.  In entering his guilty plea, Mireles-Rivera admitted that between Feb. 2013 and Oct. 2013, he was involved in a methamphetamine distribution conspiracy.  He acknowledged that during this period, he supplied methamphetamine to an individual who sold the drugs to others, including a person who was acting as a confidential source for law enforcement.  Mireles-Rivera also admitted that subsequent to his arrest, law enforcement officers seized approximately eight ounces of methamphetamine when they searched his house and vehicle.

At sentencing, Mireles-Rivera faces a mandatory minimum of five years and a maximum of 40 years in federal prison.  He will be deported to Mexico after completing his prison sentence.  Mireles-Rivera remains in federal custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA, the HITDA Region VI Pecos Valley Drug Task Force and the Carlsbad Police Department.  This case is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.

The HITDA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’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.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Dominque Begay, 50, a member of Laguna Pueblo who resides in Old Laguna, N.M., pleaded guilty this morning to an indictment charging him with assault resulting in serious bodily injury.  The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.

Begay was arrested on Aug. 26, 2014, on a criminal complaint charging him with assault resulting in serious bodily injury.  According to the complaint, on Aug. 20, 2014, officers of the Laguna Pueblo Tribal Police Department responded to a report of assault in Old Laguna in Cibola County, N.M.  The complaint alleged that Begay assaulted the victim, a Laguna Pueblo woman, by punching, kicking and choking her.  The officers noted that the victim had bruising and redness on her neck, arms and back.  Begay was arrested by the tribal officers that day on local charges and held in tribal custody until his arrest on federal charges. 

Begay was indicted on Sept. 9, 2014, and charged with assault resulting in serious bodily injury.

During today’s proceedings, Begay entered a guilty plea to the indictment and admitted assaulting the victim by knocking her to the ground and causing her to hit her head against a wall.  Begay also admitted causing the victim extreme physical pain by putting his hands on the victim’s throat and squeezing.

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

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department.  Assistant U.S. Attorney Paul H. Spiers is prosecuting this case.

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

Plea Agreement Requires $265,830.00 Restitution Payment

ALBUQUERQUE – Michael P. Mataya, 64, of Thoreau, N.M., pleaded guilty this morning to a bankruptcy fraud charge under a plea agreement with the U.S. Attorney’s Office.  Under the terms of the plea agreement, the United States may recommend that Mataya be sentenced to a maximum term of 24 months of imprisonment.  It also requires Mataya to pay restitution in the amount of $265,830.00 to the bankruptcy estate of his bankrupt company so that the funds may be used to pay creditors.

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.

Today 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. 

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.

Mataya remains on conditions of release and under pretrial supervision pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.

ALBUQUERQUE – Allen Harragarra, 34, a member of the Navajo Nation who resides in Yah-Ta-Hay, N.M., was sentenced today to 66 months in federal prison for his voluntary manslaughter conviction.  Harragarra will be on supervised release for three years after completing his prison sentence.  He also was ordered to pay $2,689.41 in restitution to cover the victim’s funeral expenses.

Harragarra was arrested in Dec. 2013, on a complaint alleging that he killed a Navajo man on Dec. 2, 2013, on the grounds of a school in Tohatchi, N.M., which is located within the Navajo Indian Reservation.  According to the complaint, Harragarra stabbed the victim in the neck during a physical altercation.

On July 22, 2014, Harragarra pled guilty to a voluntary manslaughter charge and admitted killing the victim on Dec. 2, 2013, by stabbing him in the neck.  In his plea agreement, Harragarra admitted stabbing the victim once in the neck while acting out of fear and in the heat of passion.  He acknowledged that his actions resulted in the unlawful death of the victim. 

The 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 David Adams.

ALBUQUERQUE – Melvyn Lee Morgan, 31, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced to 72 months in federal prison for his voluntary manslaughter conviction.  He will be on supervised release for three years after completing his prison sentence.

Morgan and co-defendant Danny Dan Don Brown, 27, a Navajo man from Church Rock, N.M., were charged in a criminal complaint in Dec. 2011, with murdering a third Navajo man on Dec. 3, 2011.  According to the complaint, the murder occurred in Church Rock, which is located in the Navajo Indian Reservation.  Brown and Morgan were arrested on Dec. 27, 2011, and have been in federal custody since that time.  The two were indicted on Jan. 24, 2012, and charged with second degree murder.  

According to court records, late on the night of Dec. 3, 2011, Morgan, Brown and the victim had a fight after drinking alcohol.  During the fight, Morgan and Brown repeatedly kicked and punched the victim, who died as a result of injuries he sustained.

Brown pled guilty to second degree murder on Feb. 5, 2013, and was sentenced in June 2013, to 162 months (13.5 years) in federal prison followed by two years of supervised release.

Yesterday Morgan pled guilty to a felony information charging him with voluntary manslaughter.  In this plea agreement, Morgan admitted that on Dec. 3, 2011, he fought with Brown and the victim after drinking alcohol.  Morgan noticed that the victim was having difficulty breathing following the fight and left the scene of the fight to seek aid for the victim.  However, the victim died before Morgan returned to the scene with police officers.

This case was investigated by the Gallup office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety, and the McKinley County Sheriff’s Office.  Assistant U.S. Attorney Paul H. Spiers prosecuted the case.

ALBUQUERQUE – Maraintoinette Lynn Yazzie, 26, an enrolled member of the Navajo Nation who resides in Lukachukai, Ariz., was sentenced today to 24 months in federal prison followed by three years of supervised release for her assault conviction.  Yazzie also was ordered to pay $7,557.00 in restitution to the victim of her crime. 

The sentence was imposed based on a guilty plea to an assault with a dangerous weapon charge entered by Yazzie on Sept. 17, 2014.

Yazzie and her brother, Antonio Yazzie, 22, also of Lukachukai, Ariz., were arrested in April 2014, on a criminal complaint charging them with attacking a Navajo man at his home in Tohlakai, N.M., on Feb. 26, 2014.  The two subsequently were indicted in May 2014, and charged with one count of assault with a dangerous weapon and two counts of robbery.  According to court filings, the siblings assaulted the victim by restraining him and striking him repeatedly in the face and head with a rock and a coffee mug.  The two then robbed the victim of cash and his truck.

Antonio Yazzie pled guilty on Sept. 9, 2014, to Count 1 of the indictment charging him with assault with a dangerous weapon.   On Dec. 9, 2014, he was sentenced to 24 months in federal prison followed by three years of supervised release.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Albert Johnny Mondragon, 38, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to trafficking methamphetamine in Lea County, N.M.

Mondragon was arrested on federal charges in Roswell on May 27, 2014, based on a criminal complaint charging him with possession of methamphetamine with intent to distribute.  According to the complaint, Mondragon committed the offense on March 7, 2014, in Hobbs, N.M. 

Mondragon subsequently was charged in a two-count indictment with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm.   Count 1 of the indictment alleged that on March 7, 2014, Mondragon possessed with intent to distribute methamphetamine in Lea County.  Count 2 charged Mondragon with being a felon in possession of a firearm and ammunition.

Today, Mondragon pled guilty to Count 1 of the indictment charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Mondragon admitted that he was stopped by officers in Hobbs on March 7, 2014.  He further admitted telling the officers that he had approximately half a pound of methamphetamine in the back of his vehicle.  When the officers searched the vehicle, they found 222.98 grams of methamphetamine.

At sentencing Mondragon faces a term of imprisonment if not less than five years and not more than 40 years.  He remains detained pending a sentencing hearing which has yet to be scheduled. 

This case was investigated by the Las Cruces offices of the DEA and the Bureau of Alcohol, Tobacco and Firearms and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office.  Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this 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 and the Jal 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.

Bustamante-Conchas Also Ordered to Pay $100,000.00 Fine

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division announced that Miguel Bustamante-Conchas, 39, was sentenced late yesterday afternoon to 20 years in federal prison for his heroin trafficking conviction.  He also was ordered to pay a $100,000.00 fine.  Bustamante-Conchas is a legal permanent resident from Mexico who resides in Albuquerque, N.M.; he will be deported after completing his prison sentence.

“New Mexico’s opioid addiction and overdose death rates have been at or near the top of the national scale for years,” said U.S. Attorney Damon P. Martinez.  “Under our recently announced HOPE Initiative, we will take on this epidemic by focusing our investigative and prosecutorial resources on significant heroin traffickers while supporting expanded treatment options for those struggling with the disease of addiction.”

“The sentencing of Miguel Bustamante-Conchas exemplifies DEA’s relentless commitment to keep dangerous drugs and those who traffic them off of our streets.  DEA continues to focus on the drug trafficking organizations that spread this kind of poison in central and northern New Mexico,” said DEA Special Agent in Charge Will Glaspy.  “Let this not only be an example, but also a warning to those who think they can go unnoticed.  One day we will knock on your door and you too will face the same fate as Bustamante-Conchas.”

Bustamante-Conchas was one of seven men arrested in June 2013 on federal narcotics trafficking charges as a result of a 15-month multi-agency investigation targeting heroin traffickers operating out of Albuquerque’s Northeast Heights, an area that has experienced a growing, wide-spread heroin abuse problem among teens and young adults in recent years.  More than 25 pounds of heroin were seized during the course of the investigation. 

Two indictments were filed as a result of the investigation.  Bustamante-Conchas and four other men were charged in one indictment while two others were charged in a second indictment.  The other six defendants entered guilty pleas to heroin trafficking charges while Bustamante-Conchas elected to proceed to trial on a three-count superseding indictment charging him with (1) conspiracy to distribute large quantities of heroin in Bernalillo County, N.M., from Oct. 2012 to June 2013; (2) aiding and abetting the possession of heroin with intent to distribute; and (3) aiding and abetting the use of a firearm in relation to a drug trafficking crime. 

Trial of the case began on July 30, 2014.  On Aug. 4, 2014, the court dismissed the firearms charge at the conclusion of the United States’ case and submitted the two heroin trafficking charges to the jury.  The jury returned a verdict of guilty on the two heroin trafficking charges on Aug. 6, 2014.

The evidence at trial established that Bustamante-Conchas played a leadership role in a major heroin trafficking organization by managing the acquisition, storage and distribution of kilograms of heroin and overseeing the collection of cash proceeds from the sale of heroin.  Evidence of Bustamante-Conchas role in the drug trafficking organization was secured from wiretaps on telephones used by his subordinates, evidence seized during a law enforcement operation on June 14, 2013, and evidence seized on June 19, 2013.  Evidence obtained on June 14, 2013, included three pounds of heroin, drug ledgers, numerous cellphones and narcotics paraphernalia, which were seized at the residences maintained as stash houses by Bustamante-Conchas and his co-conspirators.  An additional 22 pounds of heroin were seized on June 19, 2013 from another of the organization’s stash houses.

Three of Bustamante-Conchas’ four co-defendants pled guilty to participating in a heroin trafficking conspiracy and are serving federal prison sentences.  Baltazar Granados, 38, pled guilty on June 17, 2014, and was sentenced to 80 months in prison on Nov. 20, 2014.  Ramon Cabrales-Guerra, 23, pled guilty on June 23, 2014, and was sentenced to 46 months in prison on Oct. 10, 2014.  Angel Miramontes-Cruz, 23, pled guilty on May 29, 2014, and was sentenced on Oct. 10, 2014, to 24 months in federal prison.  All three men are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences. 

The fourth co-defendant, Ruben Garcia Miranda, 53, an Albuquerque resident, pled guilty on June 12, 2014, to using a communications device to facilitate a drug trafficking crime.  He is scheduled to be sentenced on Jan. 22, 2015.

Joel Nunez-Haros, 43, and Pablo Arturo Felix-Sicairos, 21, also were arrested in June 2013, and charged in a separate indictment with possession of heroin with intent to distribute.  Both men pled guilty to the indictment in late June 2014.  Nunez-Haros was sentenced to 57 months in prison on Nov. 20, 2014, and Felix-Sicairos was sentenced to 44 months in prison on Oct. 10, 2014.  Both men are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences. 

These cases were investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office and were prosecuted by Assistant U.S. Attorneys Sean J. Sullivan, Nicholas J. Ganjei and Paul Mysliwiec.

The investigation resulting in these cases, which was code-named “Balloon Fiesta” in reference to the multi-colored balloons that heroin often is packaged in for retail distribution, was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

The New Mexico Heroin and Opioid Prevention and Education (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 major heroin traffickers like Bustamante-Conchas for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Arthur L. Ganadonegro, 24, was sentenced this afternoon to 144 months in federal prison followed by a lifetime of supervised release for his aggravated child sexual abuse conviction.  Ganadonegro also will be required to register as a sex offender.
              
Ganadonegro, an enrolled member of the Navajo Nation who resides in Casamero Lake, N.M., was arrested in March 2014, on a criminal complaint alleging that he sexually abused two Acoma Pueblo children when they were less than 12 years of age.  Ganadonegro subsequently was charged in a four-count indictment with two counts of aggravated sexual abuse and two counts of abusive sexual contact.  The indictment alleged that Ganadonegro sexually abused one of the victims between Sept. 2013 and Nov. 2013, on the Navajo Indian Reservation in McKinley County, N.M.  It further alleged that Ganadonegro sexually abused the other victim between April 2008 and Dec. 2008, in a location within Acoma Pueblo in Cibola County, N.M.
           
On Oct. 7, 2014, Ganadonegro pled guilty to a felony information charging him with aggravated sexual abuse and admitted that between April 2008 and Dec. 2008, he engaged in a sexual act with a child under the age of 12 years.  He also acknowledged committing the crime in Acoma Pueblo.

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department. 

The case was 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 – Phillip Martinez, Jr., 59, a member and resident of Taos Pueblo, was sentenced today to 27 months in federal prison for his assault conviction.  Martinez will be on supervised release for three years after completing his prison sentence.
                       
Martinez was arrested in Oct. 2013, on an indictment charging him with assault with a dangerous weapon.  According to the indictment, Martinez assaulted another Taos Pueblo man with a stick in the Pueblo of Taos on April 29, 2013.

On June 9, 2014, Martinez pled guilty to a felony information charging him with assault resulting in serious bodily injury.  In entering his guilty plea, Martinez acknowledged that the victim suffered serious bodily injury as a result of the assault.

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