Courts

New Mexico Joins 43 States In Settlement With ACI Payments, Inc. For Unauthorized Transactions From Mr. Cooper Customer Accounts

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NMRLD News:

SANTA FE — This week, the Financial Institutions Division of the Regulation and Licensing Department (NMRLD)  and 43 other state financial agencies announced that they have reached settlements with ACI Payments, Inc., for erroneously initiating electronic transactions totaling $2.3 billion from the accounts of 480,000 mortgage-holders serviced by Mr. Cooper (formerly known as Nationstar Mortgage, LLC).  

State regulators levied $10 million in fines through a multistate enforcement action led by regulators from Arkansas, Connecticut, Maryland, and Texas with support Read More

FBI: Newcomb, New Mexico Man Charged With Assaulting Two Federal Officers Seriously Injuring One

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FBI News: 

ALBUQUERQUE — Alexander M.M. Uballez, United States Attorney for the District of New Mexico and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Kenneth Lee Begay appeared in federal court on an indictment charging him with two counts of assault upon a federal officer inflicting bodily injury and one count of assault resulting in serious bodily injury.

Begay, 59, of Newcomb, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing set for Monday, Oct. 16, 2023.

According to the indictment, Read More

New Mexico State Police And 2nd Judicial District Attorney’s Office Operation Results In 10 Arrests, Including Another Violent Felon

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NMSP News:

ALBUQUERQUE — As part of its proactive operations, the New Mexico State Police (NMSP) Crime Suppression Unit (CSU), the NMSP tactical team, and the 2nd Judicial District Attorney’s office executed a successful joint operation resulting in a significant number of arrests.

NMSP tactical team was contacted Sept. 27, 2023, by the 2nd Judicial Attorney’s office in reference to an offender who was considered armed and dangerous.

Damion Martinez, 26, from Albuquerque had an outstanding warrant for aggravated assault that was extraditable within the Continental United States.

Following Read More

Hermit’s Peak/Calf Canyon Fire Victims Sue FEMA

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COURT News:

MORA — Two victims of the Hermit’s Peak/Calf Canyon Fire, represented by Tom Tosdal of the Tosdal Law Firm and Ty Tosdal of Tosdal APC, filed a complaint Oct. 3, 2023 for declaratory relief against the Federal Emergency Management Agency (“FEMA”) and its Administrator Deanne Criswell.

The complaint requests a declaration from the United States District Court for the District of New Mexico stating that FEMA’s final rules and regulations unlawfully violate the Hermit’s Peak/Calf Canyon Assistance Act by precluding recovery of noneconomic damages for pain and suffering arising Read More

FBI: Arizona Man Gets 30 Years In Prison For Shooting New Mexico State Police Officer

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FBI News:

ALBUQUERQUE — An Arizona man was sentenced to 30 years behind bars for attempted murder of a New Mexico State Police (NMSP) officer.

Sept. 12, 2020, a truck driven by Robert Nelson, 31, of Scottsdale, Ariz. was pulled over by NMSP Sgt. Sharron Duran for a traffic infraction outside the Laguna Pueblo.

Sgt. Duran was also serving as a Task Force Officer with the Department of Homeland Security at the time. As Sgt. Duran approached the vehicle, Nelson fired multiple rounds, striking Sgt. Duran and then fleeing the scene. Sgt. Duran pursued Nelson, while injured, and conducted a felony stop Read More

FBI: Woman Pleads Guilty To Involuntary Manslaughter

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FBI News:

ALBUQUERQUE — Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Leticia Ashley pleaded guilty to involuntary manslaughter.

Ashley, 38, of Navajo, and an enrolled member of the Navajo Nation, will remain under supervision pending sentencing, which has not been scheduled.

According to court documents, July 29, 2022, Ashley was driving with four of her minor children in the vehicle. Ashley was intoxicated and speeding when she lost control of the vehicle, causing Read More

FBI: Las Cruces Man Faces Up To 5 Years In Prison After Pleading Guilty To Threatening To Kill A Congresswoman

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FBI News:

ALBUQUERQUE — Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced Sept. 28, 2023, that Michael David Fox pleaded guilty to interstate transmission of threatening communication.

Fox, 60, of Las Cruces, will remain on conditions pending sentencing, which has not been scheduled.

According to court documents, May 18, 2023, Fox left a voicemail for the office of a congresswoman for the District of Texas, calling her a “tranny and a pedophile” Read More

EEOC Sues Res-Care For Pregnancy And Disability Discrimination And Retaliation

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EEOC News:

SOCORRO — Res-Care and Equus Workforce Solutions (Res-Care), nationwide job-assistance companies doing business in New Mexico, violated federal law when they discriminated against an employee with a high-risk pregnancy and disabilities, and retaliated against her for requesting a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed Friday.

According to the EEOC lawsuit, Res-Care knew about Cheyenne Benavidez’ high-risk pregnancy and associated disabilities, punished her for pregnancy-related medical absences, Read More

New Mexico Supreme Court Clarifies ‘Qualified Expert Witness’ Requirements Of Indian Child Welfare Act

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Justice David K. Thomson

New Mexico Supreme Court News:

SANTA FE — The New Mexico Supreme Court today clarified how New Mexico courts must determine whether expert witnesses are qualified to testify in child custody proceedings involving Native American children.

Under the federal Indian Child Welfare Act (ICWA), courts cannot place a Native American child in foster care or terminate parental rights without evidence supported by testimony of a “qualified expert witness”(QEW) in two areas:

(1) whether it is likely there will be serious emotional or physical damage to the child by remaining Read More