=a ENDORSED FILED IN MY OFFICE THIS.. v SECOND JUDICIAL DISTRICT COURT JAN 12 2018 fh COUNTY OF BERNALILLO r STATE OF NEW MEXICO Coup £ : CLERK DISTRICT COURT S$! STATE OF NEW MEXICO, Plaintiff, vs. No, 29702 8 9018 «00170 NMAGO#: 21601-00121 KIMBERLY T. GREENE, DOB; CHRISTINA P. ARGYRES: SSN: ADDRESS: 7927 Airport Blvd W Houston, TX 77071 and/or 12627 Laleu LN Houston, TX 77071 Defendant, CRIMES CHARGED GOVERNMENTAL CONDUCT ACT-Engaging in an official act for personal financial gain (two counts)(2419); FRAUD (OVER $500 but not more than $2500)(4530) (two counts) or in the alternative, EMBEZZLEMENT (OVER $500 but not more than '$2500)(4552) (three counts); MAKING OR PERMITTING FALSE PUBLIC VOUCHER (0778)(two counts); CONSPIRACY TO COMMIT A FELONY: FRAUD (OVER $500 but not more than $2500)(4532) (two counts) or in the alternative, EMBEZZLEMENT (OVER $500 but not more than $2500)(4554) (three counts); LARCENY (OVER $500 but not more than $2500)(4524); CONSPIRACY TO COMMIT A FELONY: LARCENY (OVER $500 but not more than $2500)(4526): RACKETEERING (4183); CONSPIRACY TO COMMIT RACKETEERING (4185); EMBEZZLEMENT (82,500 to $20,000)(0607); CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $2,500 but not more than $20,000)(0614). GRAND JURY INDICTMENT. THE GRAND JURY CHARGES: COUNT 1 VIOLATION OF THE GOVERNMENTAL CONDUCT. ACT-Engaging in an official act for personal gain (2419) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant was a public officer or employee and did take an official act for the primary purpose of directly enhancing the public officer's ot employee's financial interest of financial position, to wit: Defendant authorized submission of a Purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 oq State v. Kimberly T. Greene Grand Jury Indictment Page 2 for per diem related ta the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 10-16-4, NMSA 1978, COUNT 2 FRAUD (Over $500 but not more than $2500) (4530) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant did by words or actions misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to wit: Defendant authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-16-6, NMSA 1978. Or in the alternative: EMBEZZLEMENT (Over $500 but not more than $2500) (4552) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant did by words or actions convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of ‘New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-16-8, NMSA 1978. COUNT 3 MAKING OR PERMITTING FALSE PUBLIC VOUCHER (0778) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo ‘County New Mexico, the above- named defendant did knowingly, intentionally, or willfully make, eause to be made, or permit to be made a false material statement or forged signature upon any public voucher with the intent that the voucher or invoice would be relied upon for the expenditure of public money, to wit: Defendant authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-23-3, NMSA 1978. COUNT 4 CONSPIRACY TO COMMIT A FELONY: FRAUD (Over $500 but not more than $2500) (4532) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County ‘New Mexico, the above-named defendant with another person did by words or actions»~ State v. Kimberly T. Greene Grand Jury Indictment Page 3 misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to Wit: Defendant in agreement with Cheryl Yazzie authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement fiom the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978 Or in the alternative: CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $500 but not more than $2500) (4554) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant with another person did by words or actions agree to convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant in agreement with Cheryl Yazzie authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978. COUNT 5 VIOLATION OF THE GOVERNMENTAL CONDUCT ACT-Engaging in an official act for personal gain (2419) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant was a public officer or employee and did take an official act for the primary purpose of directly enhancing the public officer's or ‘employee's financial interest or financial position, to wit: Defendant authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 10-16-4, NMSA 1978. COUNT 6 FRAUD (Over $500 but not more than $2500) (4530) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant did by words or actions misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to wit: Defendant authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of ‘New Mexico, a fourth degree felony, contrary to Section 30-16-6, NMSA 1978,-\ -N\ State v. Kimberly T. Greene Grand Jury Indictment Page 4 Or in the alternative: EMBEZZLEMENT (Over $500 but not more than $2500) (4552) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant did by words or actions convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not mote than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-16-8, NMSA 1978, COUNT 7 MAKING OR PERMITTING FALSE PUBLIC VOUCHER (0778) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above- named defendant did knowingly, intentionally, or willfully make, cause to be made, or permit to be made a false material statement or forged signature upon any public voucher with the intent that the voucher or invoice would be relied upon for the expenditure of public money, to wit: Defendant authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-23-3, NMSA 1978. COUNT 8 CONSPIRACY TO COMMIT A FELONY: FRAUD (Over $500 but not more than $2500) (4532) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo County New Mexico, the above-named defendant with another person did by words or actions misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to wit: Defendant in agreement with Cheryl Yazzie authorized submission of 1a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA. 1978. Or in the alternative: CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $500 but not more than $2500) (4554) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant with another person did by words or actions agree to convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time,-\ State v. Kimberly T. Greene Grand Jury Indictment Page 5 the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant in agreement with Cheryl Yazzie authorized submission of a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978. COUNT 9 EMBEZZLEMENT (Over $500 but not more than $2500) (4552) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant did by words or actions convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant converted to her own use approximately $1107.00 of the $16,000.00 State of New Mexico cash allocation for the 2015 Leadership Tour, a fourth degree felony, contrary to Section 30-16-8, NMSA 1978. Or in the alternative: LARCENY (Over $500 but not more than $2500) (4524) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant did take and carry away funds, belonging to another, which had a market value over $500, and at the time the property was taken, the defendant intended to permanently deprive the owner ofit, to wit: Defendant did take for her own use approximately $1107.00 of the $16,000.00 State of New Mexico cash allocation for the 2015 Leadership Tour, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978. COUNT 10 CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $500 but not more than $2500) (4554) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo County New Mexico, the above-named defendant with another person did by words or actions agree to convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant in agreement with Cheryl Yazzie converted to her own use approximately $1107.00 of the $16,000.00 State of New Mexico cash allocation for the 2015 Leadership Tour, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978. Or in the alternative: CONSPIRACY TO COMMIT A FELONY: LARCENY (Over $500 but not more than $2500) (4526) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo County New Mexico, the above-named defendant with another person did by words or actions agree to take and carry away funds, belonging to the State of New Mexico, which had a market value of over $500, and at the time the property was taken, the defendant intended to permanently deprive the owner oft, to wit: Defendant in agreement with Cheryl ‘Yazzie did take for her own use approximately $1107.00 of the $16,000.00 State of New MexicoA State v. Kimberly T. Greene Grand Jury Indictment Page 6 cash allocation for the 2015 Leadership Tour, a fourth degree felony, contrary to Section 30-28- 2, NMSA 1978. COUNT 11 eon RACKETEERING (4183) in that on or about between June 19, 2013 through October 7, 2015, in Bernalillo County New Mexico, there existed an enterprise, the above-named defendant was associated with the enterprise, the defendant participated in the conduct of the affairs of the enterprise through a pattern of racketeering by committing two or more crimes, in at least two incidents, within a five year period of time, a second degree felony, contrary to Section 30-42- 4(C), NMSA 1978. COUNT 12 CONSPIRACY TO COMMIT RACKETEERING (4185) in that on or about between June 19, 2013 through October 7, 2015, in Bernalillo County New Mexico, there existed an enterprise, the above-named defendant was associated with the enterprise, the defendant with another person did by words or actions agree to participate in the conduct of the affairs of the enterprise through a pattem of racketeering by committing two or more crimes, in at least two incidents, within a five year period of time, a third degree felony, contrary to Section 30-42- 4(D), NMSA 1978. COUNT 13 EMBEZZLEMENT (Over $2500 but not more than $20000) (4552) in that on or about between June 19, 2013 through October 7, 2015, in Bernalillo County New Mexico, the above- named defendant did by words or actions convert to his/her own use funds belonging to Martin Luther King Commission which had a market value of over $2500 but not more than $20,000, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant requested and received funds over $2500 but not more than $20,000 belonging to Martin Luther King Commission and being held by READ knowing that Defendant was not entitled to said funds, a third degree felony, contrary to Section 30-16-8, NMSA 1978. COUNT 14 CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $2500 but not more than $20,000) (0614) in that on or about between June 19, 2013 through October 7, 2015, in Bernalillo County New Mexico, the above-named defendant with another person did by words or actions agree to convert to his/her own use funds belonging to Martin Luther King CommissionState v. Kimberly T. Greene Grand Jury Indictment Page 7 which had a market value of over $2500 but not more than $20,000, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant in agreement with Charles Countee, Executive Director of READ, requested and received funds ‘over $2500 but not more than $20,000 belonging to Martin Luther King Commission and held by eREAD knowing that Defendant was not entitled to said funds, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978. The names of the witresses upon whose testimony this Indictment is based as follows: Special Agent Christopher Kohler, NM Attorney General’s Office Thereby certify that the foregoing Indictment is a (Wve pin. APPROVED: fidrey K AtcKee Assistant Attomey General Forerfian ifufaws Dai DateState v. Kimberly T. Greene Grand Jury Indictment CASE INFORMATION AG FILE#: NMAGO 201601-00121 MET.CT#: nla LEA/RPT#: AAG: Audrey K. McKee Def. DOB; Def. SS#: ‘dian Def. Addr: 7927 Airport Blvd W Houston, TX 77071 and/or 12627 Laleu LN Houston, TX 77071 BOOKING/ARREST DATE: n/a BOOKING/ARREST#; STN: DEF.ATTY: Bye Color: Hair Color: Other FG Page 8PENALTIES Counts 1,2 & altemative,3, 4 & altemative, 5,6 & altemative, 7, 8-10 & alternative: 4th Degree Felony: Basic sentence of 8 ‘montis but not less than I year noy more than 2 years imprisenment and not mote than $5,000 fine Count 11: 2nd Degree Felony: Base sentence of9 yeors but no less than 6 years nor more than 12 years imprisonment and not more ‘han $10,000 fin. Counts 12-13: 3rd Dy than $5,000 fine Count 14: 4th Degree Felony: Basic sentence of 18 months but not less than 1 year nor more than 2 years imprisonment ard not more than $5,000 fine ‘Stk Degree Felony: Bali sentencb of IS mons but nor fs han T year nor more than 2 years imprisonment and norinors han SSD fine 3rd Degree Felony: Basic sentence of 3 years bu not les than 2 years nor more than 4 years imprisonment and not more than $5,000 fine. 3nd Degree Felony: Basic sentence of 9 years but not less than 6 years nor more than 13 years imprisonment and not more ses $10,005 fine {etDegree Felony: Base sentence of 18 years but not ess than 12 years nor more than 24 years imprisonment and not mor than $15,000 fine USE OF FIREARM ALTERATION TO BASIC SENTENCE (FE): Basic sentence of imprisonment increased by 1 year for frst offense in which a fireatm is used and 3 years for subsequent offenses in which a rears is used USE OF OLD AGE & HANDICAPPED ENHANCEMENT (OAE or HE) Basi sentence of inrisonmeti increased by one (1) yer, unless great bodily harm is inflicted, or a deadly weapon is used, then the basic sentence is inereasel by two (2) sears Special Penalty: (Receiving or Trensering a Stolen Vehicle (Possession) only) Basic sentence of one year andor 33700 THe Misdemeanor: Less than I year in the County Jil and/or not moce than $1,000 fine PETTY MISDEMEANOR: Not more than 6 months in the County Jail and/or not more than $500 fine, Misdemeanor: Not more ‘han 6 months in the County Jil anor not mare then $500 fine Penalty for Driving While Under the Influence, Felony Offense: (4th Offense): A 4 degree, basie sentence of 18 months and not more than $5,000 fie, including a mandatory jal term of not less than 6 smenths {Sth Offense): A 4 degree, base sentence of 2 years and not more than $5,000 fine, including a mandatory jail term of not less than one yea, (6th Offense): A 3% degree basic sentence of 30 month and not more than $5,000 fine, including a mandatory jail term of ot les than 18 seats, (her sdsequent: A third degre, bese sentence of 3 years and not more than $5 00 in, including a mandatory ale of to year Penalty for Driving While Under the Influence ~ Misdemeanor: If Ist Offense, basic sentence is maximum 90 days jal wed $500 Ga *getavate an adcltional 48 hours jal time; if 2nd Offense, basi sentence is mandatory 72 houts in jail and $300 fine to mexinvag, etigh days and $1,000 fre andi jagravated an addtional 96 hours jail ime, if 3 Often, bai sentence isa mandatary 30 days nell and $130 fin to maximum of 364 days and $1,000 fin, and if agravated an additional mandatory 60 days jal tine Fron’ for Driving While License Suspended or Revoked: A Misdemeanor, abasic sentence of Gt, mandatory 7 days ad fine up to 51,000 (non-DWI related suspensiof/tevocation}; r not less than 7 consecutive days imprisonment and mandatory fine cos lee than 300 nor more than $1,000 (DWI revocation). Penalty for Reckless Driving: Upon first conviction, basic sentence of five days to ninety days imprisonment, and/or $25 to $100 fine Upon a second or subsequent conviction, basic sentence often days to six months impyisonment, and/or $30 te $1 000 fing Penalty for Traffie Code Misdemeanor: fine of not more than $300 or imprisonment for not more than 90 dave or bok Penalty Assessment Mistemeanor! See Schedule in Traffie Code, Section 66-8116 and Degree Felony Resulting in the Death of « Human Being: Basic setcnce of 15 years but nat ass than TO years nor nore aT years imprisonment and not more than $12,500 fine. eh Destee Felony Resulting in the Death of « Human Being: Basic sentence of 6 years bu notes than 4 years nor moe than 8 years imprisonment and not mote than $15,000 fin. ‘OPEN CHARGE OF MURDER Penalty for FIRST DEGREE MURDER (Willful and Deliberate) or (Depraved Mind) CAPITAL FELONY: Death of Life Imprisonment SECOND DEGREE MURDER: Basicsenience of 15 years but nt less than 10 years noc more than 20 yeats imprisonment and ‘not more than $12,500 fine NOLUNTARY MANSLAUGHTER: Basic sentence of 6 years but not less than 4 years nor more than 8 yeats imprisonment end not more than $15,000 fine, INVOLUNTARY MANSLAUGHTER: 4th Degree Felony: Basic sentence of 18 months but nat less than | year nor more than 2 Years imprisonment and not more than $5,000 fine. Penalty for FIRST DEGREE MURDER (Felony Murder): CAPITAL FELONY: Death or Life Imprisonment ee Felony: Basic sentence of 3 years but not less than 2 years nor more than 4 yeas imprisonment and not mare