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Document and Benefit Fraud
06/13/2013

Accused murderer convicted of federal firearms, immigration fraud, identity theft charges

ANCHORAGE, Alaska – An illegal alien from the Dominican Republic living in Alaska was convicted Thursday by a federal jury of firearms violations, immigration benefit fraud and identity theft, following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Anchorage Police Department.

Javier Martinez, 48, was convicted of one count of unlawful re-entry after deportation, five counts of making false claims of United States citizenship, five counts of aggravated identity theft, and one count of possession of a firearm by an illegal alien. Martinez came to the attention of federal investigators after he allegedly shot and killed his former supervisor, Kerry Fadely, at the Millennium Alaskan Hotel in October 2011. The firearm was recovered at the scene, along with a letter from Martinez explaining the reasons he was unhappy working at the hotel. The letter directed the hotel to send his final paycheck to the Anchorage jail.

Prosecutors say Martinez unlawfully returned to the U.S. after being deported in 1992. He then used the stolen identity of a U.S. citizen to acquire an Alaska identification card and obtain employment at several Anchorage-area hotels including the Millennium Alaskan. Evidence presented at trial showed that Martinez falsely claimed to be a U.S. citizen on application forms filed with the state of Alaska and each of the hotels where he worked.

Martinez faces up to 20 years’ imprisonment on the unlawful re-entry charge because he was deported following a felony drug trafficking conviction. He faces up to 10 years on the firearms charge, five years on each of the false claim of citizenship charges, and mandatory consecutive two-year prison terms for the identity theft charges. Martinez still faces first degree murder charges in state court in connection with the shooting.

Sentencing is scheduled for August 27. The case is being prosecuted by the U.S. Attorney’s Office for the Alaska District.