Advantage Asphalt indictment

8/3/2019 Advantage Asphalt indictment

1/21

FIRST JUDICIAL DISTRICT COURTCOUNTY OF SANTA FESTATE OF NEW MEXICO

STATE OF NEW MEXICO,Plaintiff, No. D-OIOI-CR-2012 t ' O ) 7 ; l

STN: Not AvailableJudge:

vs.

ADVANTAGE ASPHALT AND SEAL COATING, LLCFEDERAL TAX ID:ADD: SIB Las Estrellas, / , Santa Fe, NM 87508

Defendant.CHARGES: Bribery of a Public Official (2 Counts), Fraud (over $20,000)(6 Counts), Fraud(over $2,500)(17 Counts), Racketeering, Making or Permitting False Public Vouchers (19Counts), Fraud (over $500)(42Counts), Conspiracy to Commit Fraud over $20,000 (2Counts)

GRAND JURY INDICTMENTTHE GRAND JURY CHARGES:

Count 1:BRIBERY OF APUBLIC OFFICIAL(2041), in that on or between July 9, 2009-0ctober5, 2009, in Santa Fe County, New Mexico, the above-named Defendant directly or indirectly, didgive 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 toexecute any of the powers vested in him or to perform any public duty otherwise than as requiredby law or delay in or omit to perform any public duty required of him by law, contrary to Section30-24-1 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 orindirectly, did give or offer to give a trip or trips to Las Vegas, Nevada, which had some value, toJAMES MARTINEZ a public officer or employee, with intent to induce or influence JAMESMARTINEZ to execute any of the powers vested in him or to perform any public duty otherwise thanas required by law or delay in or omit to perform any public duty required of him by Jaw, contraryto Section 30-24-1 and 30-1-13, NMSA 1978.


2/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 2Count 3: FRAUD OVER $20,000.00 (0056),on or between December 15, 2009-April 27, 2010, inSanta Fe County, New Mexico, the above named defendant, bywords or conduct misrepresent a factto wit: that specific materials and work were provided on the Paseo del Angel Road project whenthey were not provided, intending to deceive or cheat Santa Fe County or another, and because ofSanta Fe County's reliance on the misrepresentation, the defendant obtained cash payment for workdone on Paseo del Angel Road project which had a market value over $20,000.00, contrary toSection 30-16-6(F) and 30-1-13, NMSA 1978.Count 4: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0058), on or betweenAugust 4, 2009-September 30,2009 in Santa Fe County, New Mexico, the above named defendant,by words or conduct misrepresent a fact to wit: that specific materials and work were provided onthe Sunrise Road project when they were not provided, intending to deceive or cheat Santa FeCounty, and because of Santa Fe County's reliance on the misrepresentation, the defendant obtainedcash payment for work done on Sunrise Road project which had a market value over $2,500.00 butnot more than $20,000.00, contrary to Section 30-16-6(E) and 30-1-13, NMSA 1978.Count 5: FRAUD OVER $20,000.00 (0056), on or between August 4, 2009-March 26, 2010, inSanta Fe County, New Mexico, the above named defendant, bywords or conduct misrepresent a factto wit: that specific materials and work were provided on the Nancy's Trail and Nancy's TrailExtension Road project when they were not provided, intending to deceive or cheat Santa Fe Countyor another, and because of Santa Fe County's reliance on the misrepresentation, the defendantobtained cash payment for work done on Nancy's Trail or Nancy's Trail Extension road projectwhich had a market value over $20,000.00, contrary to Section 30-16-6(F) and 30-1-13, NMSA1978.Count 6: FRAUD OVER $20.000.00 (0056), on or between December 15, 2009-AprilI9, 2010, inSanta Fe County. New Mexico, the above named defendant, bywords or conduct misrepresent a factto wit: that specific materials and work were provided on the Raven's Ridge-CR67G Road projectwhen they were not provided, intending to deceive or cheat Santa Fe County or another. and becauseof Santa Fe County's reliance on the misrepresentation, the defendant obtained cash payment forwork done on Raven's Ridge CR67G road project which had a market value over $20,000.00,contrary to Section 30-16-6(F) and 30-1-13, NMSA 1978.Count 7: FRAUD OVER $20,000.00 (0056), on or between May 14, 2009-0ctober 28, 2009 inSanta FeCounty, New Mexico, the above named defendant, bywords or conduct misrepresent a factto wit: that specific materials and work were provided on the Avenida Vista Grande road projectwhen they were not provided, intending to deceive or cheat Santa Fe County. and because of SantaFe County's reliance on the misrepresentation, the defendant obtained cash payment for work doneon Avenida Vista Grande road project which had a market value over $20, 000.00, contrary toSection 30-16-6(F) and 30-1-13, NMSA 1978.


3/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 3Count 8: FRAUD OVER $20,000.00 (0056), on or between April 15, 2009-May 5, 2009 in SantaFe County, New Mexico, the above named defendant, by words or conduct misrepresent a fact towit: that specific materials and work were provided on the Valle Vista Blvd. road project when theywere not provided, intending to deceive or cheat Santa Fe County, and because of Santa FeCounty'sreliance on the misrepresentation, the defendant obtained cash payment forwork done on Valle VistaBlvd. project which had amarket value over $20,000.00, contrary to Section 30-16-6(F) and 30- I-13,NMSA 1978.Count 9: FRAUD OVER$20tOOO.00 (0056), on or between June 8, 2009-March 17,2010, in SantaFe County, New Mexico, the above named defendant, by words or conduct misrepresent a fact towit: that specific materials and work were provided on the County Road 84 Low Water Crossingroad project when they were not provided, intending to deceive or cheat Santa Fe County or another,and because of Santa Fe County's reliance on the misrepresentation, the defendant obtained cashpayment for work done on County Road 84 Low Water Crossing road project which had a marketvalue over $20,000.00, contrary to Section 30-16-6(F) and 30-1-13, NMSA 1978.Count 10: FRAUD OVER $20,000.00 (0056), on or between November 6, 2009-December 3,2009,in Santa Fe County, New Mexico, the above named defendant, by words or conduct misrepresenta fact to wit: that specific materials and work were provided on the Rio En Medio road project whenthey were not provided, intending to deceive or cheat Santa Fe County or another, and because ofSanta Fe County's reliance on the misrepresentation, the defendant obtained cash payment for workdone on Rio En Medio road project which had a market value over $20,000.00, contrary to Section30-16-6(F) and 30-1-13, NMSA 1978.Count 11: RACKETEERING (0373), in that on about or between December, 2008-April, 2010,in Santa Fe County, New Mexico, the above-named Defendant did receive proceeds derived, directlyor indirectly, from a pattern of racketeering activity in which the person has participated, to use orinvest, directly or indirectly, any part of the proceeds or the proceeds derived from the investmentor use thereof in the acquisition of any interest in, or the establishment or operation of any enterprisecontrary to NMSA 1978, Section 30-42-4A.Count 12: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutApril 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 statementor 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, 2010, for thePaseo del Angel project and Advantage Asphalt and Seal Coating, LLC., intended that the voucheror invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.


4/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 4Count 13: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutAprilS, 2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally orwillfully made, caused to bemade or permitted to bemade, a false material statementor 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 S, 2010, for the Paseodel Angel project and Advantage Asphalt and Seal Coating, LLC., intended that the voucher orinvoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.Count 14: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutApril 20,2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally or willfully made, caused to bemade or permitted to bemade, a false material statementor 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 thePas eo del Angel project and Advantage Asphalt and Seal Coating, LLC., intended that the voucheror invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.Count 15: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutSeptember 16,2009, in Santa Fe County, New Mexico, the above-named defendant did knowinglyintentionally or willfully made, caused to bemade or permitted to bemade, a false material statementor 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, forthe Sunrise Road project and Advantage Asphalt and Seal Coating, LLC., intended that the voucheror invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.Count 16: 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 bemade or permitted to be made, a false material statementor 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, forthe 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, afourth degree felony, contrary to Section 30-23-3, NMSA 1978.


5/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 5Count 17: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutMarch 26, 2010, in Santa Fe County, New Mexico. the above-named defendant did knowingly,intentionally or willfully made, caused to bemade or permitted to bemade, a false material statementor 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 theNancy'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, afourth degree felony, contrary to Section 30-23-3, NMSA 1978.Count 18: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutApril 14,2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally or willfully made. caused to bemade or permitted to bemade, a false material statementor 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 theRaven's Ridge road project and Advantage Asphalt and Seal Coating, LLC., intended that thevoucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,contrary to Section 30-23-3, NMSA 1978.Count 19: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutJune 25, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally orwillfully made, caused to bemade or permitted to bemade, a false material statementor 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 theAvenida Vista Grande road project and Advantage Asphalt and Seal Coating, LLC., intended thatthe voucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,contrary to Section 30-23-3, NMSA 1978.Count 20: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutJuly 22, 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 statementor 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 theAvenida Vista Grande road project and Advantage Asphalt and Seal Coating, LLC., intended thatthe voucher or invoice be relied upon for the expenditure or public money. a fourth degree felony,contrary to Section 30-23-3, NMSA 1978.


6/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 6Count 21: 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 orwillfully made, caused to bemade or permitted to bemade, a false material statementor 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 theAvenida Vista Grande road project and Advantage Asphalt and Seal Coating, LLC., intended thatthe voucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,contrary to Section 30-23-3, NMSA 1978.Count 22: 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 orwillfully made. caused to be made or permitted to bemade, a false material statementor 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 theValle Vista Blvd. road project and Advantage Asphalt and Seal Coating, LLC., intended that thevoucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,contrary to Section 30-23-3, NMSA 1978.Count 23: 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 bemade or permitted to bemade, a false material statementor 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 ValleVista Blvd. road project and Advantage Asphalt and Seal Coating, LLC., intended that the voucheror invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.Count 24: 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 or willfully made, caused to be made or permitted to be made, a false material statementor 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 ValleVista Blvd. road project and Advantage Asphalt and Seal Coating, LLC., intended that the voucheror invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.


7/21

Grand Jury IndictmentState ofNM vs, ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 7Count 25: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (077S), on or aboutJune 2, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally or willfully made, caused to bemade or permitted to bemade, a false material statementor 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 ValleVista Blvd. road project and Advantage Asphalt and Seal Coating, LLC., intended that the voucheror invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.Count 26: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutJune 30, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally or wiIJfulJymade, caused to be made or permitted to bemade, a false material statementor 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 ValleVista Blvd, road project and Advantage Asphalt and Seal Coating, LLC., intended that the voucheror invoice be relied upon for the expenditure or public money, a fourth degree felony, contrary toSection 30-23-3, NMSA 1978.Count 27: 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 wilIfully made, caused to bemade or permitted to bemade, a false material statementor 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, forthe 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, NMSA 1978.Count 28: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS. (0778), on or aboutJanuary 14, 20lO, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally or willfully made, caused to bemade or permitted to bemade, a false material statementor 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 theCounty 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, NMSA 1978.


8/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 8

Count 29: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutFebruary 22, 2010, in Santa Fe County, New Mexico, the above-named defendant did knowingly,intentionally or willfully made, caused to bemade orpermitted to bemade, a false material statementor 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 theCounty 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, NMSA 1978.Count 30: MAKING OR PERMITTING FALSE PUBLIC VOUCHERS, (0778), on or aboutNovember 30, 2009, in Santa Fe County, New Mexico, the above-named defendant did knowinglyintentionally orwillfully made, caused to bemade or permitted to bemade, a false material statementor 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 theRio En Medio Road project and Advantage Asphalt and Seal Coating, LLC., intended that thevoucher or invoice be relied upon for the expenditure or public money, a fourth degree felony,contrary to Section 30-23-3, NMSA 1978.Count 31: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0558), on about orbetween January 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 Invoicenumber 55116 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $3,012.49 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 32: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween April 20, 2007-November, 2008, in Santa Fe County, New Mexico, the above nameddefendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoicenumber 56089 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $3,049.85 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 33: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween April 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 Invoicenumber 57403 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $2,907.00 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.


9/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 9Count 34: FRAUD OVER ~2,500.00 BUT NOT MORE THAN $20.000.00 (0558), on about orbetween May 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 Invoicenumber 57794 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $2,682.00 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 35: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween May 22, 2007-November, 2008, in Santa Fe County, New Mexico, the above nameddefendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoicenumber 57441 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $3,965.76 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 36: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween June 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 Invoicenumber 58117 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $2,869.00 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30- I6-6(E), NMSA 1978.Count 37: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween August 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 Invoicenumber 57908 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $4,139.00 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 38: FRAUD OVER ~2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween September 20, 2007-November~ 2008, in Santa Fe County, New Mexico, the above nameddefendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoicenumber 58302 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $3,156.00 which had a market value over $2,500.00but not more than $20,000.00~ contrary to Section 30-16-6(E), NMSA 1978.


10/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 10Count 39: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween October 22, 2007-November, 2008, in Santa Fe County, New Mexico, the above nameddefendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoicenumber 58804 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/Sunf'or's reliance on the promiseor misrepresentation, the defendant obtained $3,730.00 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 40: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0558). on about orbetween October 22, 2007-November, 2008, in Santa Fe County, New Mexico, the above nameddefendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoicenumber 58806 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $2,561.00 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 41: FRAUD OVER $2.500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween 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 Invoicenumber 59407 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCoror another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $6,672.94 which had a market value over $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 42: FRAUD OVER $2.500.00 BUT NOT MORE THAN $20,000.00 (0558), on about orbetween 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 Invoicenumber 59051 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho 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 $2,500.00but not more than $20,000.00, contrary to Section 30-16-6(E), NMSA 1978.Count 43: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20,000.00 (0558), on or aboutNovember 3, 2008, in Santa Fe County, New Mexico, the above named defendant, by words orconduct misrepresented a fact to wit: submitted altered BSN Invoice number 08-1130 to RanchoViejo/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, thedefendant 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(), NMSA 1978.


11/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATINO, LLCPage: 11Count 44: FRAUD OVER $2.500.00 BUT NOT MORE THAN $20.000.00 (0558), on or aboutNovember 3, 2008, in Santa Fe County, New Mexico, the above named defendant, by words orconduct misrepresented a fact to wit: submitted altered BSN Invoice number 08-1134 to RanchoViejo/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, thedefendant 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 45: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between January21, 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 55114 to RanchoViejo/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, thedefendant 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.Count 46: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between January22, 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 55425 to RanchoViejo/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, thedefendant 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 47: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between January22, 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 55426 to RanchoViejo/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, thedefendant obtained $938.00 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 48: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between February21, 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 55325 to RanchoViejo/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. thedefendant 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.


12/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATINO, LLCPage: 12Count 49: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between February21, 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 55331 to RanchoViejo/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, thedefendant 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 50: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between February21, 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 55586 to RanchoViejo/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, thedefendant 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.Count 51: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between February21, 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 55714 to RanchoViejo/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, thedefendant 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(D), NMSA 1978.Count 52: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March21, 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 56681 to RanchoViejo/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, thedefendant 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(D), NMSA 1978.Count 53: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March21, 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 56679 to RanchoViejo/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, thedefendant 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.


13/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 13Count 54: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between March21, 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 56674 to RanchoViejo/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, thedefendant 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 55: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March21, 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 56676 to RanchoViejo/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, thedefendant obtained $601.00 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 5500 BUT NOT MORE THAN 52,500 (4530), on or between March21, 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 RanchoViejo/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, thedefendant 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 57: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March21, 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 56044 to RanchoViejo/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, thedefendant obtained $2,241.00 which had amarket value over $500.00 but not more than $2,500.00,contrary to Section 30-16-6(D), NMSA 1978.Count 58: FRA un OVER $500 BUT NOTMORE THAN $2,500 (4530), on or between April 20,2007-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by words orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56090 to RanchoViejo/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, thedefendant 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(D), NMSA 1978.


14/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 14

Count 59: FRAUD OYER $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 orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 56095 to RanchoViejo/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, thedefendant 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(D), NMSA 1978.Count 60: 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 orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57408 to RanchoViejo/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, thedefendant 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(D), NMSA 1978.Count 61: 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 orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57434 to RanchoViejo/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, thedefendant 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 62: 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 orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57440 to RanchoViejo/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, thedefendant 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 63: 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 orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 58802 to RanchoViejo/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, thedefendant 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.


15/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 15Count 64: 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 orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 58979 to RanchoViejo/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, thedefendant 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 65: 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 orconduct misrepresented a fact to wit: submitted altered Geotest Invoice number 57537 to RanchoViejo/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, thedefendant 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.Count 66: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between August21, 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 53532 to RanchoViejo/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, thedefendant 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 67: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between August21, 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 57910 to RanchoViejo/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, thedefendant 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(D), NMSA 1978.Count 68: 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 nameddefendant, by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoicenumber 58303 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $1,125.00 which had a market value over $500.00 butnot more than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.


16/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 16Count 69: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530}, on or betweenNovember 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 Invoicenumber 59406 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $887.09 which had a market value over $500.00 butnot more than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978..Count 70: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530}, on or betweenNovember 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 Invoicenumber 59405 to Rancho Viejo/SunCor as justification for payment intending to deceive or cheatRancho Viejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promiseor misrepresentation, the defendant obtained $2,250.29 which had a market value over $500.00 butnot more than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.Count 71: 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 59402to Rancho Viejo/Sun Cor as justification for payment intending to deceive or cheat RanchoViejo/SunCor or another, and because of Rancho Viejo/SunCor's reliance on the promise ormisrepresentation, the defendant obtained $1,962.25 which had amarket value over $500.00 but notmore than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.Count 72: FRAUD OVER S500 BUT NOT MORE THAN $2,500 (4530}, on or betweenDecember 18, 2007-November, 2008, inSanta Fe County, New Mexico, the above named defendant,by words or conduct misrepresented a fact to wit: submitted altered Geotest Invoice number 59404to 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 ormisrepresentation, the defendant obtained $567.42 which had a market value over $500.00 but notmore than $2,500.00, contrary to Section 30-16-6(D), NMSA 1978.Count 73: FRAUDOVER$500BUT NOTMORETHAN$2.500 (4530), on or between January21, 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 59722 to RanchoViejo/Sunflor 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, thedefendant 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.


17/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 17Count 74: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or between March21, 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 60260 to RanchoViejo/SunCor as justification for payment intending to deceive or cheat Rancho Viejo/SunCor oranother, and because of Rancho Viejo/Sunf'or's reliance on the promise or misrepresentation, thedefendant 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 75: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March21, 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 RanchoViejo/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, thedefendant 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.Count 76: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or between March21, 2008-November, 2008, in Santa Fe County, New Mexico, the above named defendant, by wordsor conduct misrepresented a fact to wit: submitted altered BSN Invoice number 08-1117 to RanchoViejo/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, thedefendant obtained $1,258.75 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 77: FRAUD OVER $500 BUT NOT MORE THAN $2.500 (4530), on or about November3, 2008, in Santa Fe County, New Mexico, the above named defendant, by words or conductmisrepresented a fact to wit: submitted altered BSN Invoice number 08-1132 to RanchoViejo/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, thedefendant obtained $1,482.80 which had a market value over $500.00 but not more than $2,500.00,contrary to Section 30-16-6(E), NMSA 1978.Count 78: FRAUD OVER $500 BUT NOT MORE THAN $2,500 (4530), on or about November3, 2008, in Santa Fe County, New Mexico, the above named defendant, by words or conductmisrepresented a fact to wit: submitted altered BSN Invoice number 08-1133 to RanchoViejo/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, thedefendant 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.


18/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 18Count 79: 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 08-1116 to RanchoViejo/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, thedefendant 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 80: 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 08-1129 to RanchoViejo/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, thedefendant obtained $1,833.000 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 81: 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 RanchoViejo/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, thedefendant obtained $1,871.000 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 82: 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 08-1135 to RanchoViejo/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, thedefendant 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(D), NMSA 1978.Count 83: 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 08-1131 to RanchoViejo/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, thedefendant 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(0), NMSA 1978.


19/21

Grand Jury IndictmentState ofNM vs. ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 19Count 84: 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 08-1136 to RanchoViejo/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, thedefendant 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 85: 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 08-1154 to RanchoViejo/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, thedefendant 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 86: 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 08-1152 to RanchoViejo/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, thedefendant 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.Count 87: CONSPIRACY TO COMMIT FRAUD OVER $20,000.00 (0567), in that on orbetween December, 2008-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 Valle Vista Boulevard. CR 84 Low Water Crossing. Avenida VistaGrande, Sunrise Road, Nancy's Trail and Nancy's Trail Extension, Rio En Medio, Raven's RidgeRoad and Paseo del Angel, within New Mexico, contrary to NMSA 1978, Sections 30-28-2 and 30-16-6.Count 88: CONSPIRACY TO COMM.IT FRAUD OVER $20,000.00 (0567), in that on orbetween January 21, 2007-November 5, 2008, 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 Geotest and BSN Invoices submitted by Advantage Asphalt and SealCoating, LLC to Rancho Viejo/Sun Cor, within New Mexico, contrary to NMSA 1978, Sections30-28-2 and 30-16-6.


20/21

Grand Jury IndictmentState ofNM vs, ADVANTAGE ASPHALT AND SEAL COATING, LLCPage: 20Count 89: FRAUD OVER $2,500.00 BUT NOT MORE THAN $20.000.00 (0058), on or betweenDecember 21, 2007- November, 2008 in Santa Fe County, New Mexico, the above nameddefendant, bywords or conduct misrepresent a fact to wit: submitted altered Geotest invoice number55007 to Rancho Viejo/SunCor, intending to deceive or cheat Rancho Viejo/SunCor, and becauseof Rancho Viejo/Sunf.or's reliance on the misrepresentation, the defendant obtained cash/checkpayment for work purported to have been done at La Entrada Subdivision as set forth in Geotestinvoice 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


21/21

Grand Jury IndictmentState ofNM VS. ADVANTAGE ASPHALT AND SEAL COATING. LLCPage: 21

I hereby certify that the foregoing instrument is a j(U e . . - Bill .

~f 1' 1r

DATE: r - c : Y b C k ~ (2~f&,

REFERRAL AGENCY:CASE NUMBER:DA FILE NUMBER: SF 12-0092

Advantage Asphalt indictment

Documents

Transcript of Advantage Asphalt indictment