marlene r. montoya indictment

8/3/2019 Marlene R. Montoya indictment

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COUNTY OF SANTA FE

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

STATE OF NEW MEXICO,

Plaintiff,I) ()Ot2?)

No. D-OI01-CR-2012 (;./ { ..-

STN: Not Available

Judge:

vs.

MARLENE R MONTOYA,

DOB:

SSN:

ADD: , Santa Fe, NM 87508

Defendant.

CHARGES: Bribery of a Public Official (2 Counts), Fraud (over $2,500)(14 Counts), Fraud

(over $500)(43 Counts) Conspiracy to Commit Fraud over $20,000.00 (9 Counts),Racketeering, Making or Permitting False Public Vouchers (19 Counts)

GRAND JURY INDICTMENT

THE GRAND JURY CHARGES:

Count I: BRIBERY OF A PUBLIC OFFICIAL (2041), in that on or between July 9, 2009-

October 5, 2009, in Santa Fe County, New Mexico, the above-named Defendant directly or

indirectly, did give or offer to give a trip or trips to Las Vegas, Nevada, which had some value, to

JAMES V. LUJAN, a public officer or employee, with intent to induce or influence JAMES V.

LUJAN to execute any of the powers vested in him or to perform any public duty otherwise than as

required by law or delay in or omit to perform any public duty required of him by law, contrary to

Section 30-24-1 and 30-1-13 NMSA 1978.

Count 2: BRIBERY OF A PUBLIC OFFICIAL (2041), in that on or between July 13,2009-

October 12, 2009, in Santa Fe County, New Mexico, the above-named Defendant directly or

indirectly, did give or offer to give a trip or trips to Las Vegas, Nevada, which had some value, to

JAMES MARTINEZ a public officer or employee, with intent to induce or influence JAMES

MARTINEZ to execute any of the powers vested in him or to perform any public duty otherwise than

as required by law or delay in or omit to perform any public duty required of him by law, contrary

to Section 30-24-1 and 30-1-13, NMSA 1978.



Grand Jury Indictment

State ofNM vs. MARLENE R MONTOY A

Page: 2

Count 3: FRAUD OVER $2.500.00 BUT NOT MORE THAN $20.000.00 (0558), on or between

January 21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant,by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 55116

to Rancho Viejo/SunCor as justification for payment intending to deceive or cheat Rancho

Viejo/SunCor or anotherintending to deceive or cheat Rancho Viejo/SunCor or another, and because

of Rancho Viejo/SunCor's reliance on the promise or misrepresentation, the defendant obtained

$3,012.49 which had a market value over $2,500.00 but not more than $20,000.00, contrary to

Section 30-16-6(E), NMSA 1978.

Count 4: FRAUD OVER $2.500.00 BUT NOT MORE THAN $20.000.00 (0558), on or between

Apri120, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by

words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56089 to

Rancho Viejo/SunCor as justification for payment intending to deceive or cheat RanchoViejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promise or

misrepresentation, the defendant obtained $3,049.85 which had a market value over $2,500.00 but

not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.

Count 5: FRAUD OVER $2,500.00 BUT"NOT MORE THAN $20,000.00 (0558), on or between

April 21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by


Rancho Viejo/SunCor as justification for payment intending to deceive or cheat Rancho

Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promise or



Count 6: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0558), on or between

May21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by


Rancho Viejo/Sun Cor as justification for payment intending to deceive or cheat Rancho


misrepresentation, the defendant obtained 2,682.00 which had a market value over $2,500.00 but not

more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.


May 22, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by









State ofNM vs. MARLENE R MONTOYA

Page: 3

Count 8: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on or between

June 21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, bywords or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 58117 to






August 21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant,

by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57908


Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promise ormisrepresentation, the defendant obtained $4,139.00 which had a market value over $2,500.00 but



September 20, 2007-November, 2008, in Santa Fe County, New Mexico, the above named

defendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice

number 58302 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheat

Rancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promise

or misrepresentation, the defendant obtained $3,156.00 which had a market value over $2,500.00

but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.

Count 11:FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on or between

October 22, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant,







October 22, 2007-November, 2008, in Santa Fe County; New Mexico, the above named defendant,



Viejo/Sunflor or another, and because of Rancho Viejo/SunCor's reliance on the promise or







Page: 4

Count 13:FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0558), on or between

November 21, 2007-November, 2008, in Santa Fe County, New Mexico, the above nameddefendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice



or misrepresentation, the defendant obtained $6,672.94 which had a market value over $2,500.00

but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.

Count 14:FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0558), on or between

November 21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named

defendant. by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice

number 59051 to RanchoViejo/SunCor asjustification for payment intending to deceive or cheat

Rancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $2,700.11 which had a market value over $2,500.00

hut not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.

Count 15: FRAUD OVER $2.500.00 BUT NOT MORE THAN $20,000.00 (0558), on or about

November 3,2008, in Santa Fe County, New Mexico, the above named defendant, by words or

conduct misrepresented a fact to wit: submitted altered BSN Invoice number 08-1134 to Rancho

Viejo/SunCor as justification for payment intending to deceive or cheat Rancho Viejo/SunCor or

another, and because of Rancho Viejo/SunCor's reliance on the promise or misrepresentation, the

defendant obtained 3,268.00 which had a market value over $2,500.00 but not more than $20,000.00,

contrary to Section 30-16-6(E), NMSA 1978.

Count 16: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0558), on or about

November 3,2008, in Santa Fe County, New Mexico, the above named defendant, by words or

conduct misrepresented a fact to wit: submitted altered BSN Invoice number 08-1130 to Rancho



defendant obtained $2,990.40 which had a market value over $2,500.00 but not more than

$20,000.00, contrary to Section 30-16-6(E), NMSA 1978.

Count 17: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between January

21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by words

or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 55114 to Rancho

Viejo/Sunf'or as justification for payment intending to deceive or cheat Rancho Viejo/SunCor or


defendant obtained $983.17 which had a market value over $500.00 but not more than $2.500.00,

contrary to Section 30-16-6(D), NMSA 1978.





Page: 5

Count 18: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between January

22, 2007-November, 200S, in Santa Fe County, New Mexico, the above named defendant, by wordsor conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 55425 to Rancho



defendant obtained $536.00 which had a market value over $500.00 but not more than $2,500.00,


Count 19: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between January

22, 2007-November, 200S, in Santa Fe County, New Mexico, the above named defendant, by words



another, and because of Rancho Viejo/SunCor's reliance on the promise or misrepresentation, thedefendant obtained $93S.00 which had a market value over $500.00 but not more than $2,500.00,


Count 20: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530). on or between February

21, 2007-November, 200S, in Santa Fe County, New Mexico, the above named defendant, by words






Count 21: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between February





defendant obtained $1,496.64 which had a market value over $500.00 but not more than $2,500.00,


Count 22: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between February




another, and because of Rancho Viejo/Sunf'or's reliance on the promise or misrepresentation, the







Page: 6

Count 23: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530). on or between February






contrary to Section 30-16-6(0), NMSA 1978.

Count 24: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530). on or between March







Count 25: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530). on or between March

21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, bywords






Count 26: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March

21,2007 -November, 2008, in Santa Fe County, New Mexico, the above named defendant, by words






Count 27: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between March

21,2007 -November, 2008, in Santa Fe County, New Mexico, the above named defendant, by wordsor conduct misrepresented a fact towit submitted altered Geotest Invoice number 56676 to Rancho









Page: 7


21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by wordsor conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56673 to Rancho





Count 29: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between April




another, and because of Rancho Yiejo/SunCor's reliance on the promise or misrepresentation, the



Count 30: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between April 20,

2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, bywords or

conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56090 to Rancho






2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by words or











defendant obtained $2~262.00 which had a market value over $500.00 but not more than $2,500.00,






Page: 8

Count 33: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between May 22,2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by words or


Viejo/SunCor as justification for payment intending to deceive or cheat Rancho ViejolSunCor or




Count 34: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between May 22,







Count 35: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between June 21,







Count 36: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between July 20,







Count 37: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between July 23,



Viejo/SunCor intending to deceive or cheat Rancho Viejo/SunCor or another, and because of

Rancho Viejo/SunCor's reliance on the promise or misrepresentation, the defendant obtained

$936.00 which had a market value over $500.00 but not more than $2,500.00, contrary to Section

30-16-6(D), NMSA 1978.





Page: 9

Count 38: FRAUD OVER $500BUTNOT MORE THAN $2.500 (4530), on or between August

21, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, bywordsor conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 53532 to Rancho





Count 39: FRAUD OVER $500BUT NOT MORE THAN $2,500 (4530), on or between August

21, 2007-November, 2008, in Santa Fe County. New Mexico, the above named defendant, by words






Count 40: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or betweenSeptember 20, 2007-November, 2008, in Santa Fe County, New Mexico, the above named




or misrepresentation, the defendant obtained $1,125.00 which had a market value over $500.00 but

not more than $2,500.00, contrary to Section 30-16-6(0), NMSA 1978.

Count 41: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between





or misrepresentation, the defendant obtained $887.09 which had a market value over $500.00 but

not more than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.

Count 42: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between





or misrepresentation, the defendant obtained $2,250.29 which had a market value over $500.00 but

not more than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.





Page: 10


December 18, 2007~November, 2008, in Santa Fe County, New Mexico, the above named defendant,by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 59402



misrepresentation, the defendant obtained $1,962.25 which had a market value over $500.00 but not

more than $2,500.00, contrary to Section 30-16-6(0), NMSA 1978.

Count 44: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or betweenDecember 18, 2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant,




misrepresentation, the defendant obtained $567.42 which had a market value over $500.00 but not

more than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.

Count 45: FRAUD OVER $500BUT NOT MORE THAN $2.500(4530), on or January 21,2008,

in Santa Fe County, New Mexico, the above named defendant, by words or conduct misrepresented

a fact to wit: submitted altered Geotest Invoice number 59722 to Rancho Viejo/SunCor as

justification for payment intending to deceive or cheat Rancho Viejo/SunCor or another, and because

of Rancho Viejo/SunCor's reliance on the promise or misrepresentation, the defendant obtained

$534.29 which had a market value over $500.00 but not more than $2,500.00, contrary to Section

30-16-6(D), NMSA 1978.









21, 2008-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by wordsor conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 60261 to Rancho









Page: 11


21, 200S- November, 200S, in Santa Fe County, New Mexico, the above named defendant, bywords

or conduct misrepresented a fact to wit: submitted altered BSN Invoice number OS-1117 to Rancho



defendant obtained $1,25S.75 which had a market value over $500.00 but not more than $2,500.00,

contrary to Section 30-l6-6(D), NMSA 1975.

Count 49: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or about November,

2008, in Santa Fe County, New Mexico, the above named defendant, by words or conduct

misrepresented a fact to wit: submitted altered BSN Invoice number OS-1132 to Rancho

Viejo/SunCor as justification for payment intending to deceive or cheat Rancho Viejo/SunCor oranother, and because of Rancho Viejo/SunCor's reliance on the promise or misrepresentation, the

defendant obtained $1;4S2.S0 which had a market value over $500.00 hut not more than $2,500.00,



2008, in Santa Fe County, New Mexico, the above named defendant; by words or conduct

misrepresented a fact to wit: submitted altered BSN Invoice number 08-1133 to Rancho

Viejo/Suneor as justification for payment intending to deceive or cheat Rancho Viejo/SunCor or





2008, in Santa Fe County, New Mexico, the above named defendant, by words or conduct







2008 in Santa Fe County, New Mexico, the above named defendant, by words or conductmisrepresented a fact to wit: submitted altered BSN Invoice number 08-1127 to Rancho



defendant obtained $1.871.00 which had a market value over $500.00 but not more than $2,500.00,






Page: 12


2008 in Santa Fe County, New Mexico, the above named defendant, by words or conduct


Viejo/Sunflor as justification for payment intending to deceive or cheat Rancho Viejo/SunCor or











Count 55: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or about November,


misrepresented a fact to wit: submitted altered BSN invoice number 08-1136 to Rancho





Count 56: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or about November,







Count 57: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between

December 18~2007-November~ 2008 in Santa Fe County, New Mexico, the above named defendant,by words or conduct misrepresented a fact to wit: submitted altered BSN Invoice number 08-1152



misrepresentation, the defendant obtained $569.20 which had a market value over $500.00 but not

more than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.





Page: 13


December 18,2007-November, 2008 in Santa Fe County, NewMexico. the above named defendant,

by words or conduct misrepresented a fact to wit: submitted altered BSN Invoice number 08-1129


Viejo/SunCor or another. and because of Rancho Viejo/SunCor's reliance on the promise or

misrepresentation, the defendant obtained $1,833 .00 which had amarket value over $500.00 but not

more than $2,500.00, contrary to Section 30~16-6(D), NMSA 1978.

Count 59: CONSPIRACY TO COMMIT FRAUD OVER $20,000.00 (0567), in that on or

between January 21, 2007-November 5, 2008, in Santa Fe County, New Mexico, the above-named

Defendant did combine with another, for the purpose of committing a felony, to wit: FRADO OVER

$20,000.00 in reference to Geotest and BSN Invoices submitted by Advantage Asphalt and Seal

Coating, LLC to Rancho Viejo/Sun Cor, within New Mexico, contrary to NMSA 1978, Sections

30-28-2 and 30-16-6.

Count 60: RACKETEERING (0373). in that on or between December, 2008-April, 2010, in

Santa Fe County, New Mexico, the above-named Defendant did receive proceeds derived, directly

or indirectly, from a pattern of racketeering activity in which the person has participated, to use or

invest, directly or indirectly, any part of the proceeds or the proceeds derived from the investment

or use thereof in the acquisition of any interest in, or the establishment or operation of any enterprise

contrary to NMSA 1978, Section 30-42-4A.

Count 61: CONSPIRACY TO COMMIT FRAUD OVER $20,000.00 (0565), in that on orbetween December, 2009-April, 2010, in Santa Fe County, New Mexico, the above-named

Defendant did combine with another, for the purpose of committing a felony, to wit: FRAUD OVER

$20,000.00 in reference to Paseo del Angel Road, within New Mexico, contrary to NMSA 1978,

Sections 30-28-2 and 30-16-6(F).

Count 62: CONSPIRACY TO COMMIT FRAUD OVER $2.500 BUT NOT MORE THAN

20,000.00 (0567), in that on or between August, 2009-September 30,2009, in Santa Fe County, NewMexico, the above-named Defendant did combine with another, for the purpose of committing a

felony, to wit: FRAUD OVER $2,500 but not more than $20,000.00 in reference to Sunrise Road,

within New Mexico, contrary to NMSA 1978, Sections 30-28-2 and 30-16-6(E).

Count 63: CONSPIRACY TO COMMIT FRAUD OVER $20.000.00 (0565), in that on or

between August, 2009-April, 2010, in Santa Fe County, New Mexico, the above-named Defendant

did combine with another, for the purpose of committing a felony, to wit: FRAUD OVER

$20,000.00 inreference to Nancy's Trail and Nancy's Trail Extension, within New Mexico, contrary

to NMSA 1978, Sections 30-28-2 and 30-16-6(F).





Page: 14

Count 64: CONSPIRACY TO COMMIT FRAUD OVER $20,000.00 (0565), in that on or

between December, 2009-April, 2010, in Santa Fe County, New Mexico, the above-namedDefendant did combine with another, for the purpose of committing a felony, to wit: FRAUD OVER

$20,000.00 in reference to Raven's Ridge Road, within New Mexico, contrary to NMSA 1978,

Sections 30-28-2 and 30-16-6(F).

Count 65: CONSPIRACY TO COMMIT FRAUD OVER $20.000 (0567), in that on about orbetween May, 2009-0ctober, 2009, in Santa Fe County, New Mexico, the above-named Defendant

did combine with another, for the purpose of committing a felony, to wit: FRAUD OVER $20,000

in reference to Avenida Vista Grande, within New Mexico, contrary to NMSA 1978, Sections

30-28-2 and 30-16-6(F).

Count 66: CONSPIRACY TO COMMIT FRAUD OVER $20,000.00 (0565), in that on orbetween April, 2009-May, 2009, in Santa Fe County, New Mexico, the above-named Defendant did

combine with another, for the purpose of committing a felony, to wit: FRAUD OVER $20,000.00

in reference to Valle Vista Boulevard, within New Mexico, contrary to NMSA 1978, Sections

30-28-2 and 30-16-6(F).

Count 67: CONSPIRACY TO COMMIT FRAUD OVER $20,000.00 (0565), in that on orbetween June, 2009-March, 2010, in Santa Fe County, New Mexico. the above-named Defendant

did combine with another, for the purpose of committing a felony, to wit: FRAUD OVER

$20,000.00 in reference to County Road 84 Low Water Crossing, within New Mexico, contrary to

NMSA 1978, Sections 30-28-2 and 30-16-6(F).

Count 68: CONSPIRACY TO COMMIT FRAUD OVER $20.000.00 (0565), in that on orbetween November, 2009-December, 2009, inSanta Fe County, New Mexico, the above-named

Defendant did combine with another, for the purpose of committing a felony, to wit: FRAUD OVER

$20,000.00 in reference to Rio en Medio Road (County Road 78B), within New Mexico, contrary

to NMSA 1978, Sections 30-28-2 and 30-16-6(F).

Count 69: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutApril 5, 20ID, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally or willfully make, caused to be made or permitted to bemade, a false material statement

or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:

Advantage Asphalt and Seal Coating, LLC., invoice number 9309, dated April 5, 20ID, for the

Paseo del Angel project and Advantage Asphalt and Seal Coating, LLC., intended that the voucher

or invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary to

Section 30-23-3 and 30-1-13, NMSA 1978.




State ofNM vs. MARLENE MONTOYA

Page: 15

Count 70: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or about

April 5, 2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally or willfully made, caused to bemade or permitted to be made, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 9310, dated April 5, 201 0, for the Paseo

del Angel project and Advantage Asphalt and Seal Coating, LLC., intended that the voucher or

invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary to

Section 30-23-3 and 30-1-13, NMSA 1978.


April 20, 2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally or willfully made, caused to be made or permitted to be made, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 9316, dated April 20, 2010, for the

Paseo del Angel project and Advantage Asphalt and Seal Coating, LLC., intended that the voucher


Section 30-23-3 and 30-1-13, NMSA 1978.

Count 72: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutSeptember 16,2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly



Advantage Asphalt and Seal Coating, LLC., invoice number 9058, dated September 16,2009, for

the Sunrise Road project and Advantage Asphalt and Seal Coating, LLC., intended that the voucher


Section 30-23-3 and 30-1-13, NMSA 1978.

Count 73: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutSeptember 24,2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally or willfully made, caused to be made or permitted to bemade, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 9078, dated September 24, 2009, for

the Nancy's Trail and Nancy Trail Extension Road project and Advantage Asphalt and Seal Coating,

LLC., intended that the voucher or invoice be relied upon for the expenditure or public money, a

fourth degree felony, contrary to Section 30-23-3 and 30-1-13, NMSA 1978.





Page: 16

Count 74: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or about

March 26,2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,



Advantage Asphalt and Seal Coating, LLC., invoice number 9277, dated March 26,2010, for the

Nancy's Trail and Nancy Trail Extension Road project and Advantage Asphalt and Seal Coating,

LLC., intended that the voucher or invoice be relied upon for the expenditure or public money, a

fourth degree felony, contrary to Section 30-23-3 and 30-1-13, NMSA 1978.


April 14,2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,




Raven's Ridge road project and Advantage Asphalt and Seal Coating, LLC., intended that the

voucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,

contrary to Section 30-23-3 and 30-1-13, NMSA 1978.


June 25, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,



Advantage Asphalt and Seal Coating, LLC., invoice number 8979, dated June 25, 2009, for the

Avenida Vista Grande road project and Advantage Asphalt and Seal Coating, LLC., intended that

the voucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,



July 22, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally orwillfully made, caused to be made or permitted to bemade, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 8998, dated July 22, 2009, for the


the voucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,contrary to Section 30-23-3 and 30-1-13, NMSA 1978.




State ofNM vs. MARLENE MONrOY A

Page: 17

Count 78: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutOctober 6, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,



Advantage Asphalt and Seal Coating, LLC., invoice number 9082, dated October 6, 2009, for the


the voucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,


Count 79: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutApril 27, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally or willfully made, caused to be made or permitted to he made, a false material statement



Valle Vista Blvd. road project and Advantage Asphalt and Seal Coating, LLC., intended that the



Count 80: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutMay 5, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,



Advantage Asphalt and Seal Coating. LLC., invoice number 8938, dated May 5,2009, for the Valle

Vista Blvd. road project and Advantage Asphalt and Seal Coating, LLC., intended that the voucher


Section 30-23-3 and 30-1-13, NMSA 1978.

Count 81: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutMay 26, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally orwillfully made, caused to be made or permitted to be made, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 8948, dated May 26, 2009, for the Valle


or invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3 and 30-1-13, NMSA 1978.





Page: 18





Advantage Asphalt and Seal Coating, LLC., invoice number 8955, dated June 2, 2009, for the Valle



Section 30-23-3 and 30-1-13, NMSA 1978.



intentionally orwillfully made, caused to be made or permitted to be made, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 8984, dated June 30, 2009, for the Valle



Section 30-23-3 and 30-1-13, NMSA 1978.

Count 84: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutDecember 17,2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,

intentionally or willfully made, caused to he made or permitted to be made, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 9162, dated December 17, 2009, for

the County Road 84 Low Water Crossing project and Advantage Asphalt and Seal Coating, LLC.,

intended that the voucher or invoice be relied upon for the expenditure or public money, a fourth

degree felony, contrary to Section 30-23-3 and 30-1-13, NMSA 1978.

Count 85: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutJanuary 14,2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly.

intentionally or willfully made. caused to be made or permitted to be made, a false material statement


Advantage Asphalt and Seal Coating, LLC., invoice number 9185, dated January 14, 2010, for the

County Road 84 Low Water Crossing project and Advantage Asphalt and Seal Coating, LLC.,

intended that the voucher or invoice be relied upon for the expenditure or public money, a fourthdegree felony, contrary to Section 30-23-3 and 30-1-13, NMSA 1978.





Page: 19


February 22~2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,



Advantage Asphalt and Seal Coating, LLC., invoice number 9247, dated February 22, 2010, for the

County Road 84 Low Water Crossing project and Advantage Asphalt and Seal Coating, LLC.,

intended that the voucher or invoice be relied upon for the expenditure Of public money, a fourth

degree felony, contrary to Section 30-23-3 and 30-1-13, NMSA 1978.


November 30,2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly



Advantage Asphalt and Seal Coating, LLC., invoice number 9148, dated November 30,2009 for the

Rio En Medio Road project and Advantage Asphalt and Seal Coating, LLC., intended that the



Count 88: FRAUD OVER $2.500.00 BUT NOT MORE THAN $20,000.00 (0058), on or between

December 21, 2007- November, 2008 in Santa Fe County, New Mexico, the above named

defendant, by words or conduct misrepresent a fact to wit: submitted altered Geotest invoice number

55007 to Rancho Viejo/SunCor, intending to deceive or cheat Rancho Viejo/SunCor, and because

of Rancho Viejo/SunCor's reliance on the misrepresentation, the defendant obtained cash/check

payment for work purported to have been done at La Entrada Subdivision as set forth in Geotest

invoice number 55007 which had a market value over $2,500.00 but not more than $20,000.00,

contrary to Section 30-16-6(E) and 30-1-13, NMSA 1978.

The names of the witnesses upon whose testimony this Indictment is based are





Page: 20

I hereby certify that the foregoing instrument is a1f0e; Bill.

FOREPERSON

'-.DATE: ~.--~

R EF ER R AL A G EN C Y: S an ta F e C ou nty S he rif f

CASE NUMBER : SFSO 0210005334

D A F IL E N UM B ER : S F 1 1-0 06 2

marlene r. montoya indictment

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