News out of south west... New Mexico

Former candidate for sheriff investigated for fraud
Daniel Goldberg, 55, charged with two counts of felony fraud

FARMINGTON — A San Juan County Sheriff's Office official said detectives are investigating new claims of fraud against Daniel Goldberg Sr., who ran for sheriff in 2014.

Detective Lt. Kyle Lincoln said his office has received several complaints since Goldberg's arrest on accusations he extorted money from a woman who secured a surety bond through Goldberg Bail Bond in September.

Goldberg, who was charged July 24 in Aztec Magistrate Court with two counts of fourth-degree felony fraud, claims the sheriff's investigation is an attempt to discredit him.

Goldberg filed a defamation lawsuit against Sheriff Ken Christesen and other employees of the San Juan County Sheriff's Office less than two weeks after losing to Christesen in the Republican primary race for sheriff in spring 2014.

Lincoln further added that his office is investigating whether Goldberg, 55, has been operating as a bail bondsman without a state license.

According to the Office of Superintendent of Insurance's website, Goldberg's license to post surety bail bonds was cancelled in February 2007.

Goldberg admitted Friday in an interview that he was not licensed to serve as a bail bondsman in the state of New Mexico, but claims he operates exclusively as a fugitive recovery agent through his company, New Mexico Fugitive Apprehension Bureau, which is not a state agency.

Goldberg said his son, Daniel Goldberg Jr., posts surety bonds as the bail bondsman.
According to state records, Goldberg Jr. has been licensed as a bail bondsman since April 2011.
Goldberg Sr. was previously charged in November 1990 in Broward County, Fla. with violating the state's bail bondsman laws by acting as a bail bondsman while also employed by a law enforcement agency, a felony offense, according to The Daily Times archives.

According to court records, Goldberg Sr. failed to make a court appearance in that case in April 1991 and was arrested on a warrant.
He was jailed for 83 days and eventually pleaded no contest to a misdemeanor offense on July 12, 1991.
The judge sentenced him to time served.

Goldberg Sr. was charged again in Broward County in September 1992 on two counts of tax evasion, one of which was a third-degree felony, according to The Daily Times archives.
He pleaded guilty in August 1993 to a misdemeanor offense and was ordered to pay $105, according to court records.

Goldberg Sr. declined to comment on his convictions in Florida.
Goldberg was again charged in Broward County in April 1994 of violating the state's bail bondsman laws, but was acquitted of the offense by a judge after a non-jury trial in October of that same year.
Goldberg Sr. was later convicted of a third "indictable" offense — unlawful possession of a handgun — in New Jersey's Essex County in June 1994, according to court records, and was sentenced to 8 days in jail and one year probation.

In New Jersey, crimes are not categorized as felony and misdemeanor, but instead as indictable, disorderly person offenses and petty disorderly person offenses. An indictable offense is the most serious offense in the state.

Goldberg Sr. said he was arrested because he did not have a gun permit in New Jersey at the time. He said he did have a gun permit in Florida and was also a licensed federal firearms dealer at the time.
San Juan County Chief Deputy District Attorney Dustin O'Brien said that despite the elder Goldberg's conviction in New Jersey, he was not prohibited from owning a firearm under New Mexico's laws governing the rights of convicted felons.

O'Brien said that, in New Mexico, a convicted felon can possess a firearm if they completed their sentence more than 10 years ago.
Goldberg Sr. said that, under the terms of his plea agreement on the indictable offense, he retained his right to own firearms.
Goldberg Sr. is expected to appear in Aztec Magistrate Court on Aug. 13 for a preliminary examination hearing, according to court records.

FARMINGTON — Former San Juan County sheriff candidate and fugitive recovery agent Daniel Goldberg Sr. was arrested again this week on a 16-count indictment, with charges that include racketeering, extortion and fraud.

Daniel Goldberg, 55, was charged July 24 in Aztec Magistrate Court with two counts of fourth-degree felony fraud stemming from allegations he extorted money from a woman who secured a surety bond last September through Goldberg Bail Bond.

The new complaint filed Tuesday details similar allegations made by individuals who bonded with Bad Boyz Bail Bond, owned by Goldberg's stepson Rocky Fotta; Goodfellas Bail Bonds, owned by Daniel Goldberg's son Daniel Goldberg Jr.; and Steven Economos Bail Bonds, which contracts with Daniel Goldberg Jr.
Several alleged victims said they dealt almost exclusively with Daniel Goldberg Sr. when they bonded out of jail, despite the fact that the elder Goldberg is not licensed to operate as a bail bondsman.

Goldberg Sr. said in an interview he turned himself in on Wednesday and was released from San Juan County Adult Detention Center on a $50,000 bond. He alleged the charges were an act of political retaliation against him for seeking the Republican nomination for sheriff in the spring of 2014. Goldberg Sr. filed a defamation lawsuit against Sheriff Ken Christesen and other employees of the San Juan County Sheriff's Office after he lost the primary.

"It's taught me a lesson," he said. "If you exercise your constitutional rights to run for office and sue someone who has done you wrong, they can not only, under character of law, ruin your good name but also throw you away under lock and key."

As for the allegations, Goldberg Sr. denied he did anything illegal.
"Do I think I did anything illegal?" he said. "Certainly not. Do I think I did something unethical? I hope not. But it's difficult to do business with the people I do business with."
San Juan County Chief Deputy District Attorney Dustin O'Brien said the investigation into Goldberg Sr.'s alleged activities as a bail bondsman continues.

He said the San Juan County Sheriff's Office has also referred information to the New Mexico Office of the Superintendent of Insurance, the state agency responsible for licensing bail bondsmen.
Lorinda Martinez, chief of the office's agents and producers licensing bureau, said Friday she was not authorized to speak on the subject.

O'Brien said Goldberg Sr. could face additional criminal action. He said deputies also are investigating allegations made against Goldberg Jr. and Fotta.
"We are still investigating if there are other violations of criminal or administrative penalties," O'Brien said. "The sheriff's office is working with the state."

According to public records obtained from the New Mexico Office of the Superintendent of Insurance, Goldberg Sr.'s license to post surety bail bonds was cancelled in February 2007, and his request to renew the license was denied by the state agency.

The agency told Goldberg Sr. in a letter dated March 20, 2007, his license request was rejected in part because he failed to disclose that his Florida bail bondsman license was suspended in 1991.
Goldberg Sr.'s license was suspended after the state of Florida accused him of 12 administrative violations, including issuing bail bonds in the late 1980s while he was employed as a police officer with the Kenneth City, Fla., Police Department, according to state records.

As previously reported, Goldberg Sr. was criminally charged in November 1990 in Broward County, Fla. with issuing bail bonds while employed as a law enforcement officer. He pleaded no contest to a misdemeanor offense on July 12, 1991.

Goldberg Sr. was also accused in the administrative complaint of procuring badges that read "special agent, Florida Bureau of Investigation," and identifying himself as "F.B.I." and "peace officer," records state.
Goldberg Sr. then operated a bail bondsman business called the Florida Bureau of Investigation, records state.

According to the records, the agency also denied Daniel Goldberg Jr. a bail bondsman license in March 2011 on allegations he lied about his criminal history on his license application. Goldberg Jr. appealed the decision, and the agency reversed its ruling and accepted his application.

Goldberg Sr. is expected to appear at a preliminary examination hearing in both criminal cases on Sept. 17.

Steve Garrison covers crime and courts for The Daily Times. He can be reached at 505-564-4644 and stgarrison@daily-times.com. Follow him on Twitter @SteveGarrisonDT on Twitter.

I understand Bill, I'll also keep my comments to myself.