Albuquerque, New Mexico criminal defense lawyer represented defendant charged with conspiracy to commit bank fraud and wire fraud.

Bruce Beckner, atge 59, was indicted on June 24, 2015, along with co-defendant Arthur Herlihy, 73, of Santa Fe, New Mexico. In 2007, Beckner recruited Herlihy to join him in developing a business plan and securing financing to renovate a truck stop in Deming, ... More...    $0 (04-08-2022 - NM)

3 {1} The right to a speedy trial is guaranteed by the Sixth Amendment to the United
4 States Constitution and Article II, Section 14 of the New Mexico Constitution.
5 Defendant was arrested on May 12, 2008, and charged with a number of offenses
6 relating to criminal sexual contact of a minor. Prior to a mistrial on March 8, 2010,
7 trial was delayed for a number of reasons includ... More...    $0 (11-03-2017 - NM)

Minneapolis, NM - Federal Jury Founty PureChoice Founder Guilty Of $25 Million Dollar Investment Fraud Scheme

Bryan Reichel, 61, founder and former principal shareholder of PureChoice, Inc. (PureChoice), for orchestrating a multi-million-dollar investment fraud scheme. On July 21, 2015, REICHEL was charged in a 12 count superseding indictment with Wire Fraud, Bankruptcy Fraud, Concealment... More...    $0 (11-09-2016 - NM)

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section... More...    $0 (04-16-2016 - NM)

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was ... More...    $0 (01-20-2016 - NM)

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was e... More...    $0 (01-05-2016 - NM)

{1} Res judicata is a judicially created doctrine designed to promote efficiency and
finality by giving a litigant only one full and fair opportunity to litigate a claim and by
precluding any later claim that could have, and should have, been brought as part of the
earlier proceeding. In this case, we examine the preclusive effect of a fee proceeding in
bankruptcy court on a later ... More...    $0 (01-08-2015 - NM)

ALBUQUERQUE, NM – Michael P. Mataya, 64, of Thoreau, N.M., pleaded guilty 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 e... More...    $0 (01-16-2015 - NM)

I&W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC.

This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I&W negligent and liable for damages its solution ... More...    $0 (06-17-2014 - NM)

Eloisa Taylor appeals from a decision of the Bankruptcy Appellate Panel of the Tenth Circuit (“BAPâ€�) affirming a decision of the United States Bankruptcy Court for the District of New Mexico. The bankruptcy court granted summary judgment in favor of Eloisa’s former spouse, Matthew Taylor. The bankruptcy court determined that a $50,660.59 debt Eloisa owed to Matthew for overpayment of spousal... More...    $0 (12-09-2013 - NM)

Debtor-Appellant Market Center East Retail Property, Inc. (“Market Centerâ€�) appeals from the Bankruptcy Appellate Panel (“BAPâ€�), which affirmed the bankruptcy court’s award of attorney’s fees to Appellees Barak Lurie and his firm, Lurie & Park (collectively “Lurieâ€�). Lurie was Market Center’s attorney in completing the sale of a retail shopping center to Lowe’s Home Center (“... More...    $0 (09-19-2013 - NM)

Karen Marie Kline filed this adversary proceedi ng in the United States Bankruptcy Court for the District of New Mexico, seeking damages from the defendants under 11 U.S.C. § 362( k) based on their alleged willful violation of the automatic stay. The bankruptcy court granted summary judgment in favor of the defendants. The Tenth Circuit Bankrupt cy Appellate Panel (BAP) affirmed. Kline v. Deutsch... More...    $0 (04-18-2013 - NM)

Steven Dunn is a lawyer who defended Anderson, Crenshaw and Associates,
L.L.C. (ACA) in a class action under the Fair Debt Collection Practices Act
(FDCPA). When the litigation finally settled, the court awarded the plaintiff, Elsa
Anchondo, her fees and costs. But ACA was unable to pay those fees and costs —
indeed, it is now bankrupt — and ACA’s insurer refused to cover the... More...    $0 (02-19-2013 - NM)

{1} “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.â€� 2 William Blackstone, Commentaries on the Laws of England 2 (Univ. of Chicago Press ed. 1979) (1766). The property that has captured the affections of the litigants in this case is a parcel of land located in San Juan County with productive oil and gas wells there... More...    $0 (08-24-2012 - NM)

A federal jury convicted Gilbert Turrietta of assaulting a law enforcement officer. The jury reached its verdict despite having never been sworn. The problem would have gone unnoticed were it not for a belated objection from Turrietta’s attorney, Charles Knoblauch. He knew from the outset of the trial that the jury had not been sworn, yet strategically reserved any objection until a guilty verdi... More...    $0 (08-29-2012 - NM)

{1} In this appeal, we must determine the legal and equitable remedies available to performing and contributing coguarantors against a principal debtor who has defaulted on a loan. Adopting the approach of the Restatement (Third) of Suretyship and Guaranty, we hold that a coguarantor who has fulfilled a duty of contribution to a performing coguarantor is entitled to recourse against a principal de... More...    $0 (04-27-2011 - NM)

{1} In this appeal, we must determine the legal and equitable remedies available to performing and contributing coguarantors against a principal debtor who has defaulted on a loan. Adopting the approach of the Restatement (Third) of Suretyship and Guaranty, we hold that a coguarantor who has fulfilled a duty of contribution to a performing coguarantor is entitled to recourse against a principal de... More...    $0 (04-27-2011 - NM)

Pro se plaintiffs-appellants Gary and Jeanne Lyon appeal from the district court’s judgment entered in favor of defendants-appellees Esteban A. Aguilar and Aguilar Law Offices, P.C. (“ALOâ€�). On appeal, plaintiffs challenge the district court’s orders (1) granting summary judgment in favor of defendants on all claims in the complaint; (2) denying plaintiffs’ motion to amend their complain... More...    $0 (02-11-2011 - NM)

Jean-Georges Schwartz appeals the district court’s grant of summary judgment for the Appellees on his claims of fraud in the inducement, negligent misrepresentation, unjust enrichment and rescission. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Schwartz, a resident of France, is a businessman who owns 90% of the company Four Js Development. Brent Hansen and Kevin G... More...    $0 (10-29-2010 - NM)

In this case we must consider whether the district court erred when it granted summary judgment in favor of the Appellees, David Hendricks and Magnolia Mountain (collectively “Magnoliaâ€�), dismissing all of the claims Appellant, Mountain Highlands, brought against them. Because Mountain Highlands failed to present sufficient evidence in support of its claims, we hold the district court did not ... More...    $0 (08-18-2010 - NM)

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded th... More...    $0 (03-04-2010 - NM)

In this diversity action, Plaintiff Darr Angell appeals the district court's ruling in favor of Defendant Polaris Production Corporation (Polaris) after a two-day bench trial. Mr. Angell brought suit on behalf of the State of New Mexico alleging that Polaris created a public nuisance by contaminating the groundwater beneath his property.1 We exercise jurisdiction pursuant to 28 U.S.C. § 1291 a... More...    $0 (06-07-2008 - NM)

{1} In this appeal, we consider the right of surface owners Defendants Clay and Jeri Osborn to equitable compensation resulting from oil, gas, and mineral lessee Plaintiff Smith and Marrs, Inc.'s state-mandated obligation to drill and oversee monitoring wells on Defendants' land. We conclude that (1) the leases at issue do not include express language that permits Plaintiff to drill and overs... More...    $0 (02-14-2008 - NM)

{1} This appeal involves a dispute over ownership of water rights developed by a mining lessee in connection with certain mining claims owned by the lessor. The district court granted summary judgment in favor of the lessor's successor in interest, quieting title in that party to the disputed water rights, and the Court of Appeals affirmed. We granted certiorari to clarify that under mos... More...    $0 (11-09-2007 - NM)

{1} This case provides us with another opportunity to evaluate and interpret the bankruptcy-related documents of an entity emerging from bankruptcy. See Home & Land Owners, Inc. v. Angel Fire Resort Operations, L.L.C., 2003-NMCA-070, 133 N.M. 733, 69 P.3d 243 (hereinafter HALO) (involving the same entity and different portions of the same documents). The dispute here concerns whether Ang... More...    $0 (07-07-2005 - NM)

This is a review of a decision by the bankruptcy court denying Appellants' objection to the IRS's proof of claim for unpaid taxes. The facts, as found by the bankruptcy court and unchallenged by Appellants, indicate that Appellants did not file a tax return or pay income tax for the years 1992 through 1997. As part of Appellants' bankruptcy proceeding, the IRS filed a proof of claim for unpaid tax... More...    $0 (02-25-2003 - NM)

{1} Running Elk Corporation's insurance policy issued by Western World Insurance Company contained an express written exclusion of coverage for liability claims arising from guest horseback riding injuries. The trial court granted summary judgment of no coverage. Running Elk appeals. We address whether summary judgment was appropriate in the face of Running Elk's contention that the dynamics o... More...    $0 (03-05-2002 - NM)

Wrongful death, loss of consortium -- Plaintiff's decedent was a three-year old male. While visiting his mother's residence, Plaintiff's decedent ingested his mother's, or her male companion's, methadone, lapsed into unconsciousness and died. Plaintiff, the personal representative for decedent's estate and decedent's father, brought claims for wrongful death and loss of consortium against decede... More...    $100000 (11-13-2001 - NM)

Arlene Dixon, in her capacity as the personal representative of the estate of Mary Aaron, appeals from the district court's grant of summary judgment to defendant Chicago Insurance Company. Appellant received an award of both compensatory and punitive damages after a jury trial on her claims against Chicago's insured, Buena Vista Retirement Center. After paying the compensatory damages, Buena Vist... More...    $0 (05-30-2001 - NM)