Court filing

Superseding Indictment — United States v. Joseph (Dkt. 5, D.N.M.)

Summary

A superseding indictment in United States v. Brian Joseph, Criminal No. 24-187-DHU, in the U.S. District Court for the District of New Mexico, filed July 11, 2024 as Document 5. Count 1 charges unlicensed dealing in firearms in Bernalillo County and elsewhere. Counts 2 through 4 charge interstate travel from California to New Mexico to deal firearms without a license under 18 U.S.C. § 924(n), and Counts 5 through 12 charge promotion money laundering. The indictment also includes forfeiture allegations.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed July 11, 2024 in Brian Joseph; one of 1 filings from this case.

Record facts

Court	U.S. District Court for the District of New Mexico
Filed	2024-07-11

Cite this document

“Superseding Indictment — United States v. Joseph (Dkt. 5, D.N.M.).” U.S. District Court for the District of New Mexico, No. 1:24-cr-00187, Doc. 5, filed 2024-07-11. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-brian-joseph-nmd-498046/2024-07-11-gov-uscourts-nmd-498046-5-0-doc-5/, SHA-256 55d6b875d570bd5a26c4158ab914f897d005964762be5f71b53ce7732f8919c9.

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Full text

Case 1:24-cr-00187-DHU Document 5 Filed 07/11/24 Page 1 of 6 FILEI)
UNITED STATES DISTRICT COURT
ALBUQUERQUE, NEW MEXICO

JUL I 1 2024
IN THE UNITED STATES DISTRICT COURT
MITCHELL R' ELFEHS
FOR THE DISTRICT OF NEW MEXICO
CLERK
UNITED STATES OF AMEzuCA, )
)
PlaintifB ) CRIMINAL NO. 24-187-DHU
)
vs. ) Count 1: 18 U.S.C. $$ 922(a)(1)(A),
) 923(a), and924(a)(1)(D): Unlicensed
BRIAI\ JOSEPH, ) Dealing in Firearms;
)
Defendant. ) Counts 2 through 4: l8 U.S.C. $ 924(n):
) Interstate Travel to Deal Firearms
) Without a License;
)
) Counts 5 through 12: 18 U.S.C.
) $ 1956(a)(1XA)(i): Promotion Money
) Laundering.

SUPERSEDING INDICTMENT
The Grand Jury charges:

Count I

Begiruring on a date unknown, but no later than on or about October 15,2021, and

continuing to on or about November 29,2022, in Bernalillo County, in the District of New

Mexico, and elsewhere, the defendant, BRIAIY JOSEPH, not being a licensed dealer of

firearms, willfully engaged in the business of dealing firearms.

In violation of 18 U.S.C. $$ 922(a)(1XA), 923(a), and924(a)(lxD).

Count 2

On or about October 15,2021, in Bemalillo County, in the District of New Mexico, and

elsewhere, the defendant, BRIAN JOSEPH, with the intent to engage in conduct that constitutes

a violation of 18 U.S.C. $ 922(a)(1)(A), traveled from California to New Mexico and acquired

and attempted to acquire a firearm in New Mexico in furtherance of such purpose.

Case 1:24-cr-00187-DHU Document 5 Filed 07/11/24 Page 2 of 6

In violation of 18 U,S.C. $ 924(n).

Count 3

Between on or about March 31,2022, and on or about Api12,2022, in Bemalillo

County, in the District ofNew Mexico, and elsewhere, the defendant, BRIAN JOSEPH, with

the intent to engage in conduct that constitutes a violation of l8 U.S.C. $ 922(a)(1)(A), traveled

from California to New Mexico and acquired and attempted to acquire a firearm in New Mexico

in furtherance of such purpose.

In violation of 18 U.S.C. $ 92a(n).

Count 4

Between on or about November 25,2022, and on or about November 28,2022, in

Bemalillo County, in the District of New Mexico, and elsewhere, the defendant, BRIAN

JOSEPH, with the intent to engage in conduct that constitutes a violation of 18 U.S.C.

$ 922(a)(l)(A), traveled from Califomia to New Mexico and acquired and attempted to acquire a

firearm in New Mexico in furtherance of such purpose.

ln violation of 18 U.S.C. $ 92a(n).

Counts 5 through 12

The allegations contained in Counts2,3, and 4 are re-alleged and incorporated by

reference as though ful1y set forth herein.

On or about the dates specified below as to Counts 5 through 12 respectively, in

Bernalillo County, in the District ofNew Mexico, and elsewhere, the defendant, BRIAN

JOSEPH, knowingly conducted and attempted to conduct a financial transaction in and affecting

interstate commerce, that is, movement of funds by wire or other means from Wescom Credit

Union, a financial institution engaged in interstate corlmerce, to PNC Bank Mortgage, another

Case 1:24-cr-00187-DHU Document 5 Filed 07/11/24 Page 3 of 6

financial institution engaged in interstate corlmerce, which involved the proceeds of a specified

unlawful activity, that is, interstate travel to deal firearms without a license in violation of 18

U.S.C. $ 924(n), with the intent to promote the carrying on that specified unlawful activity and

knowing that the property involved in the financial transaction represented the proceeds of some

form of unlawful activity.

5 February 6,2022 Electronic transfer of funds from a Wescom $876.26
Credit Union checking account to a PNC
Bank mortgage account.
6 March 8,2022 Electronic transfer of firnds from a Wescom $876.26
Credit Union checking account to a PNC
Bank mortgage account.
7 May 5,2022 Elechonic transfer of funds from a Wescom s876.26
Credit Union checking account to a PNC
Bank mortgage account.
8 Jwrc 5,2022 Electronic transfer of funds from a Wescom s876.26
Credit Union checking account to a PNC
Bank mortgage account.
9 July 7,2022 Electronic transfer of funds from a Wescom $876.26
Credit Union checking account to a PNC
Bank mortgage account.
10 August 6,2022 Electronic transfer of funds from a Wescom $1,058.92
Credit Union checking account to a PNC
Bank mortgage account.
11 October 6,2022 Electronic transfer of funds from a Wescom $1,058.92
Credit Union checking account to a PNC
Bank mortgage account.
t2 October 30,2022 Electronic transfer of funds from a Wescom $1,058.92
Credit Union checking account to a PNC
Bank mortgage account.

In violation of l8 U.S.C. $ 1956(a)(1XA)(i).

Case 1:24-cr-00187-DHU Document 5 Filed 07/11/24 Page 4 of 6

FORFEITURE ALLEGATIONS

Counts 2 through 4 of this superseding indictment are realleged and incorporated as part

of this section for the purpose of alleging forfeiture to the United States pursuant to 18 U.S.C.

$ e8l(a)(l)(c) and 28 U.S.C. $ 2a61(c).

Upon conviction of any offense in violation of 18 U.S.C. $ 924(n), the defendant,

BRIAII JOSEPH, shall forfeit to the United States, pursuant to 18 U.S.C. $ 981(a)(1)(C) and 28

U.S.C. $ 2461(c), any property, real or personal, which constitutes or is derived from proceeds

traceable to the offense(s). The properly to be forfeited includes, but is not limited to, the

following:

l. Money Judement

A sum of money representing property constituting or derived from proceeds traceable to

the offense(s) set forth in the Count(s) of conviction.

If any of the property described above, as a result of any act or omission of the defendant:

a. cannot be located upon the exercise ofdue diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty,

it is the intent of the United States, pursuant to 2l U.S.C. $ 853(p), as incorporated by 28 U.S.C.

$ 2461(c), to seek forfeiture of any other property of the defendant up to the value of the

forfeitable propefiy described above.

Case 1:24-cr-00187-DHU Document 5 Filed 07/11/24 Page 5 of 6

Counts 5 through 12 of this superseding indictment are realleged and incorporated as part

of this section for the purpose of alleging forfeiture to the United States pursuant to 18 U.S.C.

$ e82(a)(1).

Upon conviction of any of[ense in violation of 18 U.S.C. $ 1956, the defendant, BRIAI\

JOSEPH, shall forfeit to the United States, pursuant to 18 U.S.C. $ 982(aXl), any property, real

or personal, involved in such offense, and any property traceable to such property. The propefty

to be forfeited includes, but is not limited to, the following:

l. Money Judgment:
A sum of money representing properly involved in the oftense(s) set forth in the

Count(s) of conviction and any property traceable to such property.

2. Real Prope4y:
679 Vista Luna SW, Albuquerque, New Mexico 87121, with Bernalillo County parcel

identification number 100905646220441819, also known as Lot 25-Pl, Block 5 Plat

of Vista Sandia Subdivision Unit 3.

3. Personal Properbr:.
Fnnds totaling approximately $12,353.23.

If any of the property described above, as a result of any act or omission of the defendant:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty,

Case 1:24-cr-00187-DHU Document 5 Filed 07/11/24 Page 6 of 6

it is the intent of the United States, pursuant to 21 U.S.C. $ 853(p), as incorporated by l8 U.S.C.

$ 982(bxl), to seek forfeiture of any other property of the defendant up to the value of the

forfeitable property described above.

A TRUE BILL:

FOREPERSON OF THE GRAND JURY

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