Albuquerque, NM (USDOJ.Today) Andrew Graham, 40, of Snowmass, Colorado, was sentenced Wednesday, August 5, to 15 months in federal prison for interstate communication of threats. In December, Graham pled guilty in federal court to sending communications threatening to kill an official with the New Mexico Regulation and Licensing Department as well as an attorney with a private law firm.
Graham had originally sought help from the Department and the firm in recovering money taken from a trust fund, stolen by Paul Donisthorpe in the Desert State fraud case. As those recovery efforts met with limited success, Graham accused state officials and his private attorneys of being complicit in the loss of his funds. Subsequently, his communications with New Mexico officials and the law firm became more hostile and, eventually, threatening.
On December 21, 2018, Graham sent an email to the Director of the Director of the Financial Services Division, stating in part, “If this continues I will come down there and start killing people… I will hunt you down and kill you if you continue to willingly participate in this fraud.”
On January 2, 2019, Graham left a voicemail with the private law firm. In that message, Graham used particularly graphic language threatening to kill an African-American attorney, to whom he repeatedly referred by a racial slur.
While the defense requested a sentence involving no incarceration, the prosecution requested a prison sentence based on the graphic, violent nature of the threats and the fact that both victims were trying to help victims of the Desert State fraud recover their stolen money.
In addition to 15 months in prison, Graham will also be subject to two years supervised release following his release from prison.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.