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November 2011_LFC Handout

November 2011_LFC Handout

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Published by AGOPIO

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Published by: AGOPIO on Nov 15, 2011
Copyright:Attribution Non-commercial


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 We continue to accomplish many goals and strive to meet a high quality level ofservice. I am highlighting a few accomplishments recently achieved during myadministration:
Medicaid Fraud and Elder Abuse Division
Prosecutors in the Medicaid Fraud and Elder Abuse Division were recentlysuccessful in prosecuting a Las Cruces Medicaid provider and four individualdefendants for Medicaid fraud. Counseling and Mediation, LLC, and Arcilia Holguin,the owner of Counseling and Mediation, were indicted in April 2010 on variouscounts of Medicaid Fraud, Fraud, and other related charges. Testimony elicited attrial demonstrated that Ms. Holguin and several employees were failing to providethe services they had contracted with Medicaid to provide, altering documentation tomake it look like they were providing an appropriate service and billing outrageousamounts of time for providing certain services.The state showed that numerous employees, supervisors and Ms. Holguin wereaware of and often directed the fraudulent activity at Counseling and Mediation. Thestate showed that Ms. Holguin and Counseling and Mediation, LLC, overbilledMedicaid in the amount of $218,132.38, as a result of the successful prosecution.The corporation is also potentially subject to $500,000 worth of fines for the felonyconvictions, under Section 30-44-7 (G) of the Medicaid Fraud statute.The four defendants in this case received a guilty verdict on all counts. The firstdefendant pled guilty to Medicaid Fraud and must pay restitution. A seconddefendant was found guilty at trial in June 2011, on one count of Fraud over $20,000(second degree felony) and one count of Medicaid Fraud - Excessive Claims (fourthdegree felony). He was sentenced on November 4, 2011 and received 14 months inState prison, 3 years supervised probation, and restitution.Arcilia Holguin and Counseling and Mediation Services, LLC, were tried onNovember 4, 2011 and were both found guilty on all the counts submitted to the jury.Sentencing for these defendants has not yet been scheduled.
Border Violence Division
Human Trafficking Cases:BVD successfully convicted the first human trafficker charged under the New Mexicostatute. We also have two additional cases awaiting trials and another three caseswhich will proceed with federal prosecution. Currently the BVD has at 4 additionalhuman trafficking cases open that were recently charged.Money Laundering:BVD continues to work with attorneys general from AZ, CA and TX as a member ofthe Southwest Border Anti-Money Laundering Alliance (SWBAMLA) in order to
enhance and better coordinate investigations and prosecutions of money launderingas well as crimes related to the trafficking of narcotics, weapons and human beingsalong the border. We have established the New Mexico Anti-Money LaunderingAlliance consisting of New Mexico state, local and federal officials to provide NewMexico law enforcement and prosecutors with resources to effectively investigateand prosecute cases involving money laundering.International Extradition Cases:A fugitive was successfully extradited from Mexico (July, 2011). In another case, theOffice of International Affairs/Department of Justice approved our request(September, 2011) for a Provisional Arrest Warrant and has submitted the request toMexico. This fugitive is wanted to stand trial in New Mexico, for murder, kidnappingand related charges in three separate State cases.Most recently, (November,2011), an extradited felon who raped his twelve year-old-daughter , plead no contest to Criminal Sexual Contact of a Minor Under the Age of13, a second Degree Felony (7 other counts were dismissed). The Defendant wassentenced to 15 years with 6 years suspended and will be on supervised parole for
no less than 5 years and his supervised parole can run for the felon’s lifetime. This
sentence will affect his immigration & naturalization status as there is a mandatorydeportation. Within 10 days of his release date, the defendant must register as asex offender and must not initiate any contact with the victim. After his nine yearterm is served in the NMDOC, he will be deported, and not allowed to enter the US.If he does so, he will have to serve-out the remaining six years left on his sentence.
Government Accountability Division
Jerome Block, Jr. pled guilty to violations of NM's campaign reporting laws,embezzlement, conspiracy to violate the election laws, fraudulent use of a statecredit card and other charges, in both the 2009 case and the new case filed inSeptember, 2011. An expensive and lengthy impeachment process was avoided.Mr. Block, Jr. must pay restitution for all public funds misused, is in a court-run drugtreatment program, and will not face sentencing until that is completed. He faces 4.5years imprisonment. Due to Mr. Block, Jr.'s acceptance of all responsibility for thecampaign reporting violations, the charges against his father, Jerome Block, Sr.,have been dismissed.Former Secretary of State Rebecca Vigil-Giron, along with Elizabeth Kupfer, JosephKupfer, and Armando Gutierrez, are charged with fifty felonies relating to a $6 MillionHAVA media campaign. The AGO signed a Joint Powers Agreement with theSecond Judicial District Attorney's Office to hire a contract special prosecutor, withthe AGO paying the costs. Mr. Joseph Campbell, a former Deputy DA in the FirstJudicial District, was awarded the contract and has taken over the case.In December, 2010, two of the defendants were indicted in federal court on threecounts of tax evasion. A superseding federal indictment filed in July, 2011, added athird state defendant, and charges of theft, money laundering, obstruction of justice,

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