marlene r. montoya indictment
TRANSCRIPT
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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.
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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
words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57403 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 $2,907.00 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 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
words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57794 to
Rancho Viejo/Sun Cor 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 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.
Count 7: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0558), on or between
May 22, 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 57441 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 $3,965.76 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.
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Grand Jury Indictment
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
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 $2,869.00 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 9: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on or between
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
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 ormisrepresentation, the defendant obtained $4,139.00 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 10: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on or between
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,
by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 58804
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 $3,730.00 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 12: 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,
by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 58806
to Rancho Viejo/SunCor as justification for payment intending to deceive or cheat Rancho
Viejo/Sunflor or another, and because of Rancho Viejo/SunCor's reliance on the promise or
misrepresentation, the defendant obtained $2,561.00 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.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
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
number 59407 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 $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
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 $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
another, and because of Rancho Viejo/SunCor's reliance on the promise or misrepresentation, the
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.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
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
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 $536.00 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1978.
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
or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 55426 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, thedefendant obtained $93S.00 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1975.
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
or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 55325 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 $903.11 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 21: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between February
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 55331 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 $1,496.64 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 22: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between February
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 55586 to Rancho
Viejo/SunCor as justification for payment intending to deceive or cheat Rancho Viejo/SunCor or
another, and because of Rancho Viejo/Sunf'or's reliance on the promise or misrepresentation, the
defendant obtained $1,890.54 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1978.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
Page: 6
Count 23: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530). on or between February
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 55714 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 $1,104.00 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 24: 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
or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56681 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 $1,696.26 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 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
or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56679 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 $1,290.61 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 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
or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56674 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 $962.89 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 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
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 $601.00 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(0), NMSA 1978.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
Page: 7
Count 28: 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 to wit: submitted altered Geotest Invoice number 56673 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 $883.89 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 29: 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, by words
or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56044 to Rancho
Viejo/SunCor as justification for payment intending to deceive or cheat Rancho Viejo/SunCor or
another, and because of Rancho Yiejo/SunCor's reliance on the promise or misrepresentation, the
defendant obtained $2,241.00 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 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
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 $2,424.29 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 31: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between April 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 56095 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 $1,270.33 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 32: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between April 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 57408 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 $2~262.00 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(0), NMSA 1978.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
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
conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57434 to Rancho
Viejo/SunCor as justification for payment intending to deceive or cheat Rancho ViejolSunCor or
another, and because of Rancho Viejo/SunCor's reliance on the promise or misrepresentation, the
defendant obtained $1,206.28 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 34: 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
conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57440 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 $2,193.71 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 35: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between June 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 58802 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 $1,536.13 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 36: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between July 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 58979 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 $922.87 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 37: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between July 23,
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 57537 to Rancho
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.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
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
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 $1,139.29 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1978.
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
or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57910 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 $1,941.00 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 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
defendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice
number 58303 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 $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
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 59406 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 $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
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 59405 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 $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.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
Page: 10
Count 43: 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 Geotest Invoice number 59402
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 $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,
by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 59404
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 $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.
Count 46: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March
21, 2008-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 60260 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 $526.74 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 47: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March
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
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 $1,256.39 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1978.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
Page: 11
Count 48: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March
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
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 $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,
contrary to Section 30-16-6(D), NMSA 1978.
Count 50: 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 08-1133 to Rancho
Viejo/Suneor 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 $1,454.00 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1978.
Count 51: 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 08-1116 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 $947.50 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 52: 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 conductmisrepresented a fact to wit: submitted altered BSN Invoice number 08-1127 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 $1.871.00 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1978.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
Page: 12
Count 53: 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 08-1135 to Rancho
Viejo/Sunflor 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 $2,312.80 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 54: 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 08-1131 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 $1,920.40 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 55: 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 08-1136 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 $856.00 which had a market value over $500.00 but not more than $2,500.00,
contrary to Section 30-16-6(D), NMSA 1978.
Count 56: 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 08-1154 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 $2,187.50 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 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
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 $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.
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
Page: 13
Count 58: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between
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
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 $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).
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Grand Jury Indictment
State ofNM vs. MARLENE R MONTOYA
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.
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Grand Jury Indictment
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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.
Count 71: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or about
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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
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 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
intentionally or willfully made, caused to be made or permitted to be made, 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 9058, dated September 16,2009, for
the Sunrise 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.
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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.
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Grand Jury Indictment
State ofNM vs. MARLENE MONTOYA
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,
intentionally or willfully made, caused to bemade or permitted to be made, 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 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.
Count 75: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or about
April 14,2010, 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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
Advantage Asphalt and Seal Coating, LLC., invoice number 9313, dated April 14, 2010, for the
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.
Count 76: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or about
June 25, 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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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,
contrary to Section 30-23-3 and 30-1-13, NMSA 1978.
Count 77: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or about
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
Advantage Asphalt and Seal Coating, LLC., invoice number 8998, dated July 22, 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,contrary to Section 30-23-3 and 30-1-13, NMSA 1978.
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Grand Jury Indictment
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,
intentionally or willfully made, caused to be made or permitted to be made, 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 9082, dated October 6, 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,
contrary to Section 30-23-3 and 30-1-13, NMSA 1978.
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
Advantage Asphalt and Seal Coating, LLC., invoice number 8925, dated April 27, 2009, for the
Valle Vista Blvd. 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.
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,
intentionally or willfully made, caused to be made or permitted to be made, 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 8938, dated May 5,2009, for the Valle
Vista Blvd. 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.
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
Advantage Asphalt and Seal Coating, LLC., invoice number 8948, dated May 26, 2009, for the Valle
Vista Blvd. 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 toSection 30-23-3 and 30-1-13, NMSA 1978.
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Grand Jury Indictment
State ofNM vs. MARLENE MONTOYA
Page: 18
Count 82: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or about
June 2, 2009, 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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
Advantage Asphalt and Seal Coating, LLC., invoice number 8955, dated June 2, 2009, for the Valle
Vista Blvd. 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.
Count 83: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or about
June 30, 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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
Advantage Asphalt and Seal Coating, LLC., invoice number 8984, dated June 30, 2009, for the Valle
Vista Blvd. 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.
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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.
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Grand Jury Indictment
State ofNM vs. MARLENE MONTOYA
Page: 19
Count 86: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or about
February 22~2010, 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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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.
Count 87: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or about
November 30,2009, 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
or forged signature upon any public voucher, or invoice supporting a public voucher, to wit:
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
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 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
8/3/2019 Marlene R. Montoya indictment
http://slidepdf.com/reader/full/marlene-r-montoya-indictment 20/20
Grand Jury Indictment
State ofNM vs. MARLENE MONTOYA
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