District of Arizona
Press releases recorded for this federal judicial district.
Drunk Driver Sentenced to Nine Years in Prison for Involuntary Manslaughter and AssaultRead the Press Release
PHOENIX, Ariz. – Broderrick Ramon Coggeshell, 38, of Chinle, was sentenced on Monday by United States District Judge Michael T. Liburdi to nine years in prison, followed by three years of supervised release. Coggeshell pleaded guilty to Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury on January 30, 2024.
In December 2022, Coggeshell, while intoxicated, crossed the center line of traffic with his truck and collided with a vehicle occupied by three brothers, killing one and seriously injuring another. Coggeshell and the victims are all members of the Navajo Nation.
The Navajo Nation Criminal Investigations Division conducted the investigation in this case. Assistant U.S. Attorney Kiyoko Patterson, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-23-08074-PCT-MTL
RELEASE NUMBER: 2024-053_Coggeshell# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Tucson Man Pleads Guilty to Second Degree Murder of a ChildRead the Press Release
TUCSON, Ariz. – Pablo Martinez, Jr., 36, of Tucson, pleaded guilty on Monday to Second Degree Murder for the killing of a child. Sentencing is scheduled for July 5, 2024, before United States District Judge Scott H. Rash.
Martinez admitted that on September 29, 2019, he murdered the six-year-old victim by holding the victim’s face under a running bathtub faucet for between five to ten minutes, while giving the victim a bath. The victim inhaled water that caused liquid thermal burns, resulting in his death. The victim was an enrolled member of the Pascua Yaqui Indian Tribe.
A conviction for second degree murder carries a maximum penalty of up to life in prison, a fine of $250,000.00, and a term of five years of supervised release.
The Federal Bureau of Investigation and the Pascua Yaqui Police Department conducted the investigation in this case. Assistant U.S. Attorneys Frances M. Kreamer Hope and Matthew C. Cassell, District of Arizona, Tucson, are handling the prosecution.
CASE NUMBER: CR-19-2617-TUC-SHR
RELEASE NUMBER: 2024-052_Martinez, Jr.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Human Smugglers Sentenced for Their Roles in Highway Death of JuvenileRead the Press Release
PHOENIX, Ariz. – Gerson Montano, 38, and Robert Dale Hart, 64, both of Tucson, were sentenced last month by United States District Judge Diane J. Humetewa for their roles leading to the death of a 17-year-old undocumented noncitizen. Montano was sentenced to 70 months in prison, followed by five years of supervised released. Montano was convicted of Transportation of Illegal Aliens Resulting in Death. Hart was sentenced to 51 months in prison, followed by five years of supervised release. Hart was convicted of Conspiracy to Transport Illegal Aliens Resulting in Death.
On August 3, 2022, at approximately 11 p.m., Arizona Department of Public Safety Officers attempted to stop an SUV traveling westbound on I-10. The SUV failed to yield then abruptly pulled over in the center median of the interstate. Multiple people then fled from the vehicle and ran across the eastbound lanes of traffic. Two individuals who fled were then struck by a semi-truck, both were undocumented noncitizens. One undocumented noncitizen, age 17, died at the scene, while the other was taken to the hospital with serious injuries.
The driver of the SUV, who also fled on foot, was Montano. During the subsequent investigation, agents learned Hart had hired Montano to transport the undocumented noncitizens.
Homeland Security Investigations, Customs and Border Protection’s United States Border Patrol, and Arizona Department of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Timothy Courchaine and Lisa E. Jennis, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-2022-1083-PHX-DJH
RELEASE NUMBER: 2024-051_Montano# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Tucson Man Pleads Guilty to Mass Shooting Threat at University of ArizonaRead the Press Release
TUCSON, Ariz. – Michael Pengchung Lee, 27, of Tucson, pleaded guilty on Wednesday to Interstate Threats for transmitting threats through interstate communications to commit a mass shooting at the University of Arizona. Sentencing is scheduled for July 3, 2024, before United States District Judge Rosemary Márquez.
The complaint alleged that on October 23, 2023, Lee made threats to commit a mass shooting at the University of Arizona in a group chat on Snapchat. Lee is not a student at the university, but expressed a desire to get revenge on “all the chads and stacies!!” “Chads” and “stacies” are commonly used terms by self-described involuntary celibates (incels). Lee made further reference to incel ideology and finished the conversation by stating “im gonna do it guys, my mind is made up and there’s nothing u can do or say to stop me.”
On Wednesday, Lee admitted that on October 22, 2023, he sent multiple Snapchat messages to a group chat threatening to commit a mass shooting at the University of Arizona. Lee further admitted that in those messages he referenced incel ideology, language, and motivations, including referring to a well-known, self-identified incel and mass shooter, amongst other incel references. Lee also admitted that in at least two other Snapchat conversations, he threatened to commit a mass shooting at the university, citing the same incel ideology and motivations.
A conviction for Interstate Threats carries a maximum penalty of five years in prison, a fine of $250,000, or both, and a maximum term of three years of supervised release.
“We must protect the intellectual rigor, diversity and safety of our universities,” said United States Attorney Gary Restaino. “Robust intervention and prosecution of misogynists who threaten young students is critical to public safety. Our thanks to the community members who reported the threats and to our law enforcement partners at the University of Arizona Police Department and the Federal Bureau of Investigation for their quick and decisive response to social media intimidation.”
“All students deserve to feel safe at their schools, and threats like these deprive students of that right. We are extremely grateful for the brave members of the community who spoke up with their concerns and reported this to law enforcement,” said FBI Phoenix Special Agent in Charge Akil Davis. “We would like to thank our partners at the University of Arizona and the FBI’s Southern Arizona Violent Crime and Gang Task Force (SAVCGTF) for their collective efforts to ensure our college campuses remain a safe space for students to continue their education free of fear and hate.”
“This case is a wonderful example of our strong partnership with the Federal Bureau of Investigation and the U.S. Attorney’s Office,” said University of Arizona Police Chief Chris Olson. “It also illustrates the sense of urgency in which the University of Arizona Police Department, the UA Office of Public Safety, and our federal partners will act when our community is threatened.”
The Federal Bureau of Investigation and the University of Arizona Police Department, as part of the FBI’s Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. Assistant U.S. Attorney Adam Rossi, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-23-01694-TUC-RM
RELEASE NUMBER: 2024-049_Lee# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Former Border Patrol Agent Sentenced to 18 Years in Prison for Drug Smuggling and BriberyRead the Press Release
TUCSON, Ariz. – Carlos Victor Passapera Pinott, 56, of Buckeye, was sentenced last week by United States District Judge Jennifer G. Zipps to 18 years in prison, followed by five years of supervised release. Passapera pleaded guilty to Bribery of a Public Official and Conspiracy to Possess with Intent to Distribute Cocaine, Fentanyl, and Heroin on June 23, 2023.
On August 9, 2020, while working as a United States Border Patrol Agent, Passapera drove his Border Patrol vehicle into the desert, west of the Lukeville Port of Entry, and retrieved two large duffel bags. Passapera then changed vehicles and transported the duffel bags to the Phoenix Sky Harbor International Airport, where he parked and loaded the bags into the vehicle of a co-conspirator. The co-conspirator was stopped by law enforcement shortly after leaving the airport parking lot. A search of the two duffel bags revealed multiple packages of cocaine, fentanyl, and heroin. Approximately 21 kilograms of cocaine, one kilogram of fentanyl, and one kilogram of heroin were seized. An additional $311,100 in U.S. currency was seized from Passapera’s safe deposit box. Passapera admitted to accepting large cash payments in exchange for using his position to smuggle drugs.
“Defendant Passapera has betrayed his Border Patrol colleagues,” said United States Attorney Gary Restaino. “The Border Patrol has earned the trust of a grateful nation for its exemplary efforts to protect the border and to humanely process the migrants who come to America for a better life. Defendant’s actions threaten that trust, and violated his oath to faithfully discharge his duties as a law enforcement officer.”
“The citizens of Arizona are the true victims of this crime. Passapera was a trusted agent who took an oath to protect our border and keep drugs out. He broke that oath when he chose money over honor to transport and distribute drugs in this country,” said FBI Phoenix Special Agent in Charge Akil Davis. “We hope this sentence demonstrates that corruption does not pay, and the FBI will continue to investigate and pursue those who abuse their positions.”
“A Border Patrol agent using his position to smuggle fentanyl and heroin into the United States is unconscionable” said DHS Inspector General, Dr. Joseph V. Cuffari. “Today’s sentencing sends a clear message that government officials who betray the people they are meant to protect are held accountable.”
Two individuals pleaded guilty in 2022 and were sentenced for Bribery of a Public Official charges related to this case. Omar Natalio Martinez Fontes pleaded guilty to Conspiracy to Commit Bribery and Alien Smuggling. Fontes received time served after serving over two years in custody (CR-21-00792-TUC-JGZ). Luis Alfredo Quintero-Gonzalez also pleaded guilty to Conspiracy to Commit Bribery and Alien Smuggling. Quintero-Gonzalez received time served after serving over 22 months in custody (CR-21-01529-TUC-JGZ).
The investigation was conducted primarily by the Southern Arizona Border Corruption Task Force (composed of the Federal Bureau of Investigation, Department of Homeland Security Office of Inspector General, Immigration and Customs Enforcement Office of Professional Responsibility, Customs and Border Protection Office of Professional Responsibility, and Tucson Police Department), Drug Enforcement Administration, Native Task Force, Maricopa County Sheriff's Office, and Surprise Police Department. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-01706-TUC-JGZ
RELEASE NUMBER: 2024-050_Passapera# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Coordinator of Alien Smuggling Organization Sentenced to 37 Months in PrisonRead the Press Release
TUCSON, Ariz. – Juan Manuel Soto-Guzman, 41, of El Mirage, was sentenced last week by United States District Judge Rosemary Márquez to 37 months in prison. Soto-Guzman pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit on January 23, 2024.
Soto-Guzman was a United States-based human smuggling coordinator. For approximately 13 months, he worked with his brother Adulfo Soto-Guzman to coordinate the illegal entry and transportation of hundreds of undocumented non-citizens into the United States. During that time, Juan Soto-Guzman’s actions resulted in a large amount of illicit revenue for the smuggling organization. Adulfo Soto-Guzman was sentenced on January 31, 2024, to 27 months in prison for his role in the conspiracy. In addition to their sentences, the brothers agreed to forfeit a Rolex watch, a Movado watch, currency, and gold medallions.
This prosecution resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the District of Arizona is part of JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime.
Homeland Security Investigations – Douglas Office conducted the investigation in this case, with significant assistance from the Customs and Border Protection’s United States Border Patrol Sonoita Sector, and Immigration and Customs Enforcement ERO Phoenix. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-23-00386-TUC-RM
RELEASE NUMBER: 2024-048_Soto-Guzman# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Phoenix Police Officer Arrested and Charged for Receiving and Possessing Child PornographyRead the Press Release
PHOENIX, Ariz. – Alaa Robert Bartley, 41, of Gilbert, was arrested on Friday for receiving and possessing child sex abuse images. He was charged by federal criminal complaint on Friday with one count of Knowingly Receiving Child Pornography and one count of Knowingly Possessing Child Pornography. Bartley is an officer with the Phoenix Police Department.
The complaint alleges that, between August 2020 and February 2022, while living in Gilbert, Bartley used a social media platform to communicate with an adult woman, with the two expressing their sexual interest in children and the woman sending Bartley child pornography images. The affidavit alleges that Bartley used a fictitious name, but identified himself as a police officer and sent a picture of himself that showed his face to her. The adult woman has been charged separately in the Eastern District of Michigan in CR-23-20653.
A count of Knowingly Receiving Child Pornography carries a minimum mandatory sentence of five years and a maximum sentence of 20 years in prison, a fine of up to $250,000, and up to a lifetime of supervised release. A count of Knowingly Possessing Child Pornography carries a maximum sentence of 10 years in prison; if the offense involved a visual depiction of a prepubescent minor or minor who had not attained the age of 12, the offense carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and up to a lifetime of supervised release.
A complaint is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.,
Bartley - Complaint
CASE NUMBER: 24-6161MJ
RELEASE NUMBER: 2024-047_Bartley# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Arizona Man Arrested for Making Online Threats to Kill Attendees at a Music Event in Tempe, ArizonaRead the Press Release
PHOENIX, Ariz. – Trevor Lee O’Dowd, 29, of Prescott Valley, was arrested last week for making online threats to kill anyone who attended yesterday evening’s music event at a venue in Tempe, Arizona. O’Dowd was charged by federal criminal complaint with a single count of Interstate Communication of Threats.
The complaint alleges that, between March 12 and 13, 2024, O’Dowd used a social media platform to post numerous threats to injure and kill attendees at the music event. O’Dowd posts indicated that he felt disrespected for not being invited to the event. His threatening posts included the following statements:
“If they go im going on a rampage im just letting yall know before it happens.”
“Anyone got an AK I can b[o]rrow. Bout to go end some lives since u think I’m never gonna make it.”
“I suggest hiring more security for ur events soon.”
“April 7th will be the last day for AZ hip hop.”
“[D]on’t show up to mill Ave is all imma say.”
In other messages, O’Dowd welcomed a police presence and added that it would “be a wild west shootout like the good old days . . . I have no reason to live so good luck with that.”
The single count of Interstate Communication of Threats carries a maximum sentence of five years in prison, a fine of up to $250,000, and up to three years of supervised release.
A complaint is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
O'Dowd - ComplaintCASE NUMBER: 24-6135MJ
RELEASE NUMBER: 2024-046_O’Dowd# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.United States Attorney Co-Hosts Anti-Fraud Coalition RoundtableRead the Press Release
PHOENIX, Ariz. – Last week, United States Attorney Gary M. Restaino co-hosted a stakeholder discussion on qui tam, or whistleblower, cases under the civil False Claims Act (FCA). The event was also hosted by The Anti-Fraud Coalition (TAFC), a public interest, non-profit organization dedicated to defending and empowering whistleblowers who expose fraud on the government and the financial markets. The roundtable was part of U.S. Attorney Restaino’s effort and commitment to working with whistleblowers, and attorneys who represent them, to pursue civil enforcement actions against those who obtain government funds through false or fraudulent claims.
Speakers included U.S. Attorney Restaino and members of the United States Attorney’s Office Affirmative Civil Enforcement Unit. Attendees included several attorneys who specialize in representing whistleblowers. The panel discussion focused on how federal prosecutors can continue to work effectively with whistleblowers and their attorneys in a successful public-private partnership as contemplated by the FCA’s qui tam provisions. A representative from TAFC moderated the discussion.
“Those who abuse government programs and contracts deprive their neighbors and communities and competitors of valuable resources,” said United States Attorney Gary Restaino. “In our affirmative civil enforcement work we protect the public fisc. We also celebrate the courage of whistleblowers, the energy, compassion and collegiality of the private plaintiffs’ bar, and the hard work and dedication of federal lawyers, auditors and investigators.”
Under the False Claims Act, individuals (known as “relators”) may file civil actions under seal on behalf of the government against companies and individuals who defraud the federal government. If the defendants pay settlements or the government is awarded judgment in these lawsuits, the relators receive a portion of those funds. Many fraud investigations and lawsuits, especially in the District of Arizona, originate with qui tam filings against health care providers, defense contractors, grant recipients, and others who commit fraud against the government.
The U.S. Attorney’s Office for the District of Arizona has long enjoyed an excellent working relationship with qui tam relators and their counsel. As a testament to that relationship, an analysis in 2018 showed the District of Arizona had the fastest-growing qui tam docket in the nation, with filings increasing 170% from fiscal years 2008-2012 to 2013-2017. Whistleblower filings in the District of Arizona further increased in fiscal years 2018-2023. Those filings and other affirmative civil matters handled by the U.S. Attorney’s Office have resulted in significant recoveries of government funds that were intended for health care, defense contracting, relief from the COVID-19 pandemic, and other federal programs and purposes but were received by those who submitted, or were alleged to have submitted, false or fraudulent claims.
Individuals with information regarding fraud, waste, or abuse related to federal programs should contact the relevant federal agency. A list of agencies and contact information can be found at https://www.justice.gov/usao-az/agency-links.
RELEASE NUMBER: 2024-045_TAFC Roundtable
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Arizona Doctor Pleads Guilty to Health Care FraudRead the Press Release
TUCSON, Ariz. – Linh Cao Nguyen, M.D., of Peoria, pleaded guilty on March 19, 2024, to Health Care Fraud. Nguyen’s sentencing is scheduled for May 28, 2024, before United States District Judge John C. Hinderaker.
Nguyen admitted that for years, he engaged in a scheme to defraud various health care benefit programs, including Medicare, TRICARE, AHCCCS, Blue Cross Blue Shield, and UnitedHealthcare. As part of his scheme, Nguyen knowingly caused to be submitted thousands of false billing claims. Nguyen also falsely created patient records to conceal and avoid detection of his fraudulent billing scheme. Generally, the fraudulent claims identified a medical doctor as the treating provider when, in fact, another provider such as a nurse practitioner, social worker, unlicensed psychology intern, or wound care nurse provided the service independently. By billing the medical service as if it were provided by a physician, Nguyen falsely inflated the amount his company was to be paid for the service.
Nguyen admitted the loss he caused was at least $3.7 million dollars. Nguyen agreed to pay restitution to the private insurance companies totaling over $1 million.
A conviction for Health Care Fraud carries a maximum penalty of 10 years in prison and a $250,000 fine.
The United States Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the Department of Defense Office of Inspector General, Defense Criminal Investigative Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-21-02716-TUC-JCH
RELEASE NUMBER: 2024-044_Nguyen# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Sex Abuser Sentenced to 122 Months for Decades-Old CrimeRead the Press Release
TUCSON, Ariz. – Charles Michael Moreno, 61, of Tucson, was sentenced last week by United States District Judge John C. Hinderaker to 122 months in prison, followed by lifetime supervised release. Moreno pleaded guilty on May 15, 2023, to Sexual Abuse of a Minor, Abuse of a Minor, and two counts of Abusive Sexual Contact.
In 2018, the high-school-aged victim reported to a school counselor that Moreno, a member of the Tohono O’odham Nation, had committed sexual abuse on numerous occasions, beginning when the victim was in grade school. The events took place in both the city of Tucson and on the Tohono O’odham Nation. In 2020, Moreno was indicted by a federal grand jury on 14 counts of sexual abuse.
The Federal Bureau of Investigation and the Tohono O’odham Police Department conducted the investigation in this case. Assistant U.S. Attorney Micah Schmit, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-00687-TUC-JCH
RELEASE NUMBER: 2024-041_Moreno# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Pascua Yaqui Tribal Member Sentenced to 10 Years in Prison for Assault with a VehicleRead the Press Release
TUCSON Ariz. – Gerardo Vasquez Valenzuela, 62, an enrolled member of the Pascua Yaqui Indian Tribe and a resident of the Pascua Yaqui Indian Nation near Tucson, was sentenced last week by United States District Judge Rosemary Márquez to 10 years in prison, followed by three years of supervised release. Valenzuela pleaded guilty to Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury on September 13, 2023.
On August 14, 2022, a Pascua Yaqui Police Department officer was flagged down by a man who was yelling out in pain and bleeding heavily from his head. The man, who sustained multiple fractures and internal injuries, told the officer that he had been intentionally struck by a truck driven by Valenzuela.
Evidence collected connected Valenzuela’s truck to damage to a chain link fence at the scene. The victim’s belongings were found scattered along the tire tracks for approximately 50 feet, indicating he was dragged by the vehicle. Video evidence from a home surveillance system captured a vehicle matching the description of Valenzuela’s truck leaving the area. Valenzuela told officers that he had driven the truck earlier that day but denied being in a vehicle accident and denied hitting anyone with the truck.
The Federal Bureau of Investigation, Pascua Yaqui Tribal Police, and Pima County Sheriff’s Department conducted the investigation in this case. Assistant U.S. Attorneys Sandra M. Hansen and Frances Kreamer Hope, District of Arizona, Tucson, and Pascua Yaqui Tribal Prosecutor Russell E. Boatwright, Prosecutors Office Pascua Yaqui Tribe, handled the prosecution.
CASE NUMBER: CR-22-01908-TUC-RM
RELEASE NUMBER: 2024-040_Valenzuela# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Former Fugitive Sentenced to Six Years for Role in 2012 Drug Trafficking ConspiracyRead the Press Release
TUCSON, Ariz. – Oliver Jaramillo Brown, 34, of Tucson, was sentenced on Monday by United States District Judge Scott H. Rash to six years in prison, followed by five years of supervised release. Brown pleaded guilty to Conspiracy to Possess with Intent to Distribute Cocaine and Methamphetamine on June 27, 2023.
Brown was involved in a Nogales, Sonora-based drug trafficking conspiracy that used Tucson as a staging ground for distribution into the United States. Brown played numerous roles in the organization, including escorting loads of drugs driven into the United States by other conspirators, escorting loads of drugs to destinations in the United States, loading and unloading drugs from these vehicles, and assisting at a location where drugs were being stashed. Over the course of the government investigation, the United States seized more than 140 kilograms of cocaine, more than 60 kilograms of “ice” methamphetamine, over $1 million in bulk cash, and two firearms. On March 10, 2012, Brown fled to Mexico while the government was making arrests of the United States-based members of the conspiracy. Brown lived in Mexico for more than a decade before he attempted to return to the United States in late 2022 and was apprehended on the fugitive warrant in this case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Homeland Security Investigations, the Drug Enforcement Administration, and the Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-14-1026-03-TUC-SHR
RELEASE NUMBER: 2024-043_BrownFirearms Smuggler Pleads Guilty to International Money Laundering and Smuggling Firearms from the United States into MexicoRead the Press Release
TUCSON, Ariz. – Jesus Angel Vasquez Balganon, 33, of Mexico, pleaded guilty on March 14, 2024, to Smuggling Goods from the United States and International Money Laundering. Vasquez Balganon is scheduled to be sentenced on May 23, 2024, by United States District Judge Jennifer G. Zipps.
Vasquez Balganon admitted that, between March of 2018 and January of 2021, and on April 6, 2021, he attempted to export and did export numerous firearms, some of which were recovered in Mexico. He also attempted to export and did export weapons components, ammunition, and accessories.
On April 6, 2021, Vasquez Balganon was arrested at the Nogales, Arizona Port of Entry attempting to smuggle high-capacity magazines that were concealed in his vehicle into Mexico. Customs and Border Protection officers found a shopping bag in the vehicle containing nine 30-round AR-15 5.56 caliber high-capacity magazines. Vasquez Balganon stated he knew about the magazines and knew he was prohibited from taking them into Mexico. Vasquez Balganon also stated that he expected to be paid $100 to transport the magazines from the United States into Mexico.
Further investigation revealed that, prior to his apprehension and arrest on April 6, 2021, Vasquez Balganon had attempted to export or exported 67 firearms, including a machinegun, an AK-103 style firearm, a Century Arms WASR rifle, and an FN SCAR 17 rifle, as well as 20,000 rounds of ammunition and ammunition links and 208 magazines. Some of the firearms were recovered in Mexico.
All the firearms, weapons components, ammunition, magazines, and accessories are designated on the United States Commerce Control List as prohibited by law for export from the United States into Mexico without a valid license. Vasquez Balganon did not possess a lawful export license or any other lawful authority to export these items from the United States into Mexico.
Vasquez Balganon also admitted that, from February of 2019 to March of 2021, in Arizona and elsewhere, he transferred $20,680 from a U.S. bank to a bank in Mexico with the knowledge and intent that these funds were to be obtained in cash in Mexico and used for the smuggling of firearms and weapons components, ammunition, and accessories that were illegally exported from the United States into Mexico.
A conviction for Smuggling Goods from the United States carries a maximum penalty of 10 years in prison and a fine of up to $250,000.
A conviction for International Money Laundering carries a maximum penalty of 20 years in prison and a fine of up to $250,000.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Raquel Arellano, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-21-02908-TUC-JGZ-BGM
RELEASE NUMBER: 2024-042_Vasquez Balganon# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Two Indicted for $9.4 Million Fraud Against AHCCCS's Insurance Program for Native AmericansRead the Press Release
PHOENIX, Ariz. – Earlier this month, a federal grand jury in Phoenix returned a 30-count indictment against Kenneth Harrison, 44, and Courtney Haywood, 38, of Las Vegas, Nevada on 30 felony counts related to their Arizona-based company, Aurtism, LLC, which was used to defraud the Arizona Health Care Cost Containment System (AHCCCS) of over $9.4 million. Harrison and Haywood made their initial appearances on the charges in federal court in Phoenix Wednesday.
The indictment alleges that Harrison and Haywood committed conspiracy, healthcare fraud, money laundering, and aggravated identity theft by using Aurtism to fraudulently bill AHCCCS’s American Indian Health Program for mental health services they claimed were provided to indigent Native Americans during 2020 and 2021. The indictment alleges that, in addition to overbilling for patients that Aurtism treated, Harrison and Haywood billed for patients Aurtism never treated—such as those who received treatment in residential facilities, were in prison or jail, or deceased. Aurtism billed AHCCCS for more than $9.4 million in less than two years. Of the payments received from AHCCCS, Harrison spent $2.7 million on residential real estate, $763,000 on luxury cars, and nearly $1 million on retail purchases and travel. Haywood spent much of the $3.4 million he received from the AHCCCS payments on real estate, cars, retail purchases, and travel.
A conviction for conspiracy carries a maximum penalty of five years in prison, a conviction for healthcare fraud or money laundering carries a maximum penalty of 10 years in prison, and a conviction for aggravated identity theft carries a mandatory two years in prison. Each conviction also carries a maximum fine of up to twice the amount of financial loss to AHCCCS and mandates full restitution to AHCCCS.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation conducted the investigation in this case with assistance from IRS Criminal Investigation. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
Harrison- IndictmentCASE NUMBER: CR-24-00393-PHX-MTL
RELEASE NUMBER: 2024-039_Harrison# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Laveen Man Sentenced to 15 Years for Abusive Sexual Contact of a MinorRead the Press Release
PHOENIX, Ariz. – Fred Damien Acunia, 27, of Laveen, a member of the Gila River Indian Community, was sentenced last week by U.S. District Judge Susan M. Brnovich to 188 months in prison, followed by lifetime supervised release.
Between November 26, 2020, and November 25, 2021, Acunia engaged in sexual contact with the victim, who was under the age of 12 years old at the time of the offense. Acunia pleaded guilty to Abusive Sexual Contact of a Minor on August 14, 2023.
The Federal Bureau of Investigation and Gila River Police Department conducted the investigation in this case. Assistant U.S. Attorneys Raynette Logan and Vinnie Lichvar, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-01692-PHX-SMB
RELEASE NUMBER: 2024-038_Acunia# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Man Sentenced for Sending Death Threats to Arizona State Election OfficialRead the Press Release
An Ohio man was sentenced today to two and a half years in prison for sending death threats to an election official in the Arizona Secretary of State’s Office during Arizona’s primary and general elections.
“If you threaten violence against the public servants who administer our elections, there will be consequences,” said Attorney General Merrick B. Garland. “The right to vote, which is the cornerstone of our democracy, relies on the ability of election workers and election officials to perform their duties without fearing for their lives. The Justice Department will continue to aggressively investigate and prosecute those who threaten these public servants.”
According to court documents, between Aug. 2, 2022, and Nov. 15, 2022, Joshua Russell, 46, of Bucyrus, left a series of voicemails threatening the life of an election official with the Arizona Secretary of State’s Office (Victim‑1).
The first message, which was sent on the day of the Arizona primary elections, accused Victim-1 of failing to protect the 2020 election and committing election fraud. Russell then said, “You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”
“The defendant made multiple death threats against an Arizona election official during the state’s elections. This conduct is an attack on the democratic process itself, and today’s sentence shows that perpetrators of such egregious, unlawful conduct will be held to account,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The Criminal Division will not tolerate threats of violence intended to undermine our free and fair elections.”
Russell left another voicemail for Victim-1 on Sept. 9, 2022. In that message, Russell called Victim-1 a terrorist and a criminal, and then said that “[y]ou have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”
“Thorough reporting leads to prompt charging and timely deterrence of those who would disrupt democracy,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “Here, a threat reported during the August 2022 primary election was charged before the end of the calendar year. Thanks to the Office of the Arizona Secretary of State for making a detailed initial report, and to the FBI for its efficient and detailed investigation.”
Finally, on Nov. 15, 2022, Russell left a voicemail accusing Victim-1 of committing crimes against America and once again threatened Victim-1’s life. In relevant part, Russell said, “[w]e will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”
Russell pleaded guilty in August 2023 to one count of making a threatening interstate communication.
The FBI Phoenix Field Office investigated the case, with assistance from the FBI Boston Field Office.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona prosecuted the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
Interior Department Employee Sentenced to Five Years of Probation for EmbezzlementRead the Press Release
PHOENIX, Ariz. – George Thomas Onwiler, 49, of Hayfork, California, was sentenced on Monday to five years’ probation by United States District Judge Michael Liburdi. On November 7, 2023, Onwiler pleaded guilty to one count of wire fraud. In addition to his probation term, the Court ordered that Onwiler pay restitution in the amount of $139,168.02.
Beginning in May 2018 and continuing through April 2020, Onwiler embezzled approximately $139,000 from the Bureau of Reclamation (BOR), a component of the United States Department of the Interior. Onwiler was employed as an electrician for the BOR, located in Yuma, Arizona. In his employment with the BOR, Onwiler was responsible for purchasing commercial and agricultural grade electrical supplies and materials needed for his government work, and he was issued a BOR credit card to make those purchases.
Onwiler embezzled money from the government by using his government issued credit card to pay fictional electrical company suppliers. Onwiler created fake company names and used PayPal and Block/Square to transfer money to himself. Through 47 unauthorized wire transfers, Onwiler transferred $139,168.02 to his personal bank account. These transactions were fraudulent as he did not purchase electrical supplies for the BOR.
The United States Department of the Interior conducted the investigation in this case. Assistant U.S. Attorney, Kristen Brook, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-23-00400-PHX-MTL
RELEASE NUMBER: 2024-037_Onwiler# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Tucson Man Arrested on Two Counts of Aiming a Laser Pointer at AircraftRead the Press Release
TUCSON, Ariz. – Charles William Preston II, 53, of Tucson, was arrested on March 6, 2024, after a federal grand jury returned a two-count indictment against him on November 1, 2023. Preston is charged with two counts of aiming a laser pointer at an aircraft.
The indictment alleges that on two separate occasions, Preston aimed the beam of a laser pointer at a fixed-wing aircraft operated by the Pima County Sheriff’s Department and in the flight path of the same aircraft.
A conviction for aiming a laser pointer at an aircraft carries a maximum penalty of five years in prison, a $250,000 fine, and up to three years of supervised release.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation and the Pima County Sheriff’s Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-23-01688-TUC-JAS
RELEASE NUMBER: 2024-035_Preston# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Former White Mountain Police Officer Indicted for Obstruction of InvestigationRead the Press Release
PHOENIX, Ariz. – Last week, a federal grand jury in Phoenix returned a two-count indictment against Joshua Ben Anderson, 49, of Whiteriver, for his actions in connection with the death of a woman on Thanksgiving Day, 2023.
The grand jury charged Anderson, a former White Mountain Apache Tribal police officer, with one count of Engaging in Misleading Conduct to Hinder or Delay and one count of Corruptly Altering and Concealing Evidence.
The indictment alleges that, at approximately 3:31 a.m. on November 23, 2023, Anderson was on-duty and was dispatched to conduct a welfare check of a body that had been observed on State Route 73, on White Mountain Apache Tribal lands. Anderson proceeded to the scene and discovered that the person was deceased. Anderson later acknowledged that only minutes before being dispatched to the scene, he had driven the same stretch of highway and felt a “bump” but continued southbound on SR 73 without stopping to investigate.
Anderson actively took part in the police investigation into the pedestrian’s death. He spoke with paramedics, interviewed witnesses, briefed and directed officers, filled out an autopsy report, and notified the victim’s family of her death. The indictment alleges that Anderson did not inform his superiors or fellow officers about his likely involvement in the traffic fatality, but rather allowed the investigation to continue. It is further alleged that after returning to his home, Anderson removed the bumper from his patrol vehicle, which had been damaged in the accident, and concealed it. The next day, Anderson resigned from the police department.
A conviction for each of the two alleged crimes carries a maximum penalty of 20 years in prison and a $250,000 fine.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation and the White Mountain Apache Tribe Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-24-08027-PHX-SPL
RELEASE NUMBER: 2024-036_Anderson# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Colombian-Based Alien Smuggling Coordinator Indicted for Smuggling Colombian Nationals into the United StatesRead the Press Release
PHOENIX, Ariz. – Greiby Melissa Barcelo-Velasquez, a national of Colombia, was indicted last week by a federal grand jury on charges of Conspiracy to Encourage and Induce an Alien to Unlawfully Enter the United States and Bringing an Illegal Alien to the United States for Profit. Federal agents have identified well over 100 individuals utilizing Barcelo-Velasquez’s organization to be successfully smuggled into the United States in Arizona.
Since approximately June 2023, Barcelo-Velasquez owned and operated the Baul Travel SAS travel agency in Colombia. In late 2023, United States Border Patrol Sector Intelligence and Homeland Security Investigations began investigating Barcelo-Velasquez after arresting numerous Colombian nationals who identified her as their smuggling coordinator.
Barcelo-Velasquez would meet with the Colombian nationals in Colombia, require them to pay a fee, and then informed them they would travel to Mexico under the false pretense they were vacationing in the country. They were also informed they would need to pay additional fees to her associates in U.S. currency at the Cancun International Airport and in Hermosillo, Mexico to facilitate their travel. Once in Hermosillo, the Colombian nationals were taken to stash houses near the border between Mexico and the United States. These stash houses would also contain others who were seeking to enter the United States illegally. From the stash houses they were transported, many times by armed gunmen, to the border where they illegally crossed into the United States.
Conspiracy to Encourage and Induce an Alien to Unlawfully Enter the United States carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Bringing an Illegal Alien to the United States for Profit carries at least a three-year mandatory minimum prison sentence and a fine of up to $250,000.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Customs and Border Protection’s United States Border Patrol Sector Intelligence Unit and Homeland Security Investigations conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-24-00392-PHX-JJT
RELEASE NUMBER: 2024-034_Barcelo-Velasquez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Two Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
PHOENIX, Ariz. – Clarizza Augustusa Jackson, 32, of Sacaton, was sentenced last week by Senior United States District Judge David G. Campbell to four years of probation. On June 28, 2023, Thomas Kee Montoya, Jr., 39, of Pinon, was sentenced by Judge Campbell to 100 months in prison, followed by three years of supervised release. Both defendants pleaded guilty to Possession with Intent to Distribute Methamphetamine.
In June 2022, the defendants were stopped by Hopi Law Enforcement Services (HLES) officers on the Hopi Reservation. Montoya was driving and Jackson was the front seat passenger. HLES officers located a drug ledger and 306 grams of pure methamphetamine in the car.
The Federal Bureau of Investigation - Phoenix, and Hopi Law Enforcement Services conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-08129-PCT-DGC
RELEASE NUMBER: 2024-032_Montoya# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Graham County Man Sentenced to over 8 Years in Prison for Possession of Child Sex Abuse MaterialRead the Press Release
TUCSON, Ariz. – Eric Lavon Williams, 36, of Pima, Arizona, was sentenced to 97 months in prison on February 21, 2024, by United States District Judge Rosemary Márquez. Williams pleaded guilty to one count of Knowing Access of Child Pornography on July 12, 2023. When Williams is released from prison, he will be on supervised release for the remainder of his life and will be required to register as a sex offender.
On April 26, 2022, Homeland Security Investigations (HSI) Douglas began an investigation into Williams for possessing and distributing child sexual abuse material (CSAM) after receiving Cybertips from the National Center for Missing and Exploited Children. On June 29, 2022, HSI Douglas executed a search warrant at Williams’s Pima residence in Graham County. The investigation confirmed that Williams possessed and had distributed CSAM files to others using multiple online platforms. Williams’s wife, Cori, was also charged for distribution and possession of CSAM after the investigation showed that she had obtained such material for her husband and sent it to him. Cori Williams pleaded guilty to Possession of Child Pornography on July 20, 2023, and is scheduled to be sentenced on April 17, 2024.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Homeland Security Investigations - Douglas conducted the investigation in this case. Assistant U.S. Attorney Carin C. Duryee, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-01660-001-TUC-RM
RELEASE NUMBER: 2024-033_Williams# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.U.S. Attorney's Office Reaches Settlement with Chandler Nail Salon to End Disability DiscriminationRead the Press Release
PHOENIX, Ariz. – The U.S. Attorney’s Office has reached a settlement with an Arizona nail salon to resolve allegations that the salon discriminates against individuals with mobility impairments in violation of the Americans with Disabilities Act of 1990 (ADA), U.S. Attorney Gary Restaino announced today.
Under the settlement, Canvas Nails & Spa LLC, of Chandler, agrees to adopt and post in a conspicuous place a non-discrimination policy, to train current and future employees on the requirements of Title III of the ADA, and to pay $500 in damages to the individual complainant in this matter. Title III prohibits disability discrimination in places of public accommodation, like nail salons. The settlement resolves allegations that Canvas Nails & Spa LLC discriminated against persons with mobility impairments by refusing equal services to those using a wheelchair.
The Department of Justice’s enforcement efforts under the ADA seek equal opportunity and dignity in all aspects of life, including access to public accommodations such as nail salons. This settlement agreement is the seventh agreement that the Department of Justice has reached with a nail salon through its U.S. Attorney Program for ADA Enforcement, and the second in the District of Arizona.
Additional information about the ADA can be found at www.ada.gov. Individuals who believe they may have been victims of discrimination in Arizona may file a complaint with the U.S. Attorney’s Office at [email protected] or (602) 528-7299.
In 2022, U.S. Attorney Restaino created an Affirmative Civil Rights Section within the Phoenix Civil Division of the United States Attorney’s Office with the sole focus on enforcing federal civil rights laws, including the ADA, with the goal of protecting and upholding the civil rights of all Arizonans. The Affirmative Civil Rights Section handled this matter.
Canvas Nails & Spa Settlement AgreementRELEASE NUMBER: 2024-030_Canvas Nails & Spa LLC
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Human Smuggling Investigation Results in Seizure of over $1 Million and 90 Months in Prison for RingleaderRead the Press Release
TUCSON, Ariz. – Martin Garcia-Velazquez, 42, of San Antonio, Michoacan, Mexico, was sentenced last week by United States District Judge Scott H. Rash to 90 months in federal prison, followed by 36 months of supervised release, for his leadership role in a criminal conspiracy to transport and harbor at least 1,000 undocumented noncitizens over several years. Judge Rash also ordered Garcia-Velazquez to pay a $5,000 mandatory special assessment in compliance with the Justice for Victims of Trafficking Act of 2015 (JVTA), bipartisan legislation aimed at increasing services for survivors of human trafficking and strengthening law enforcement. Garcia-Velazquez pleaded guilty on September 20, 2023, to Conspiracy to Transport and Harbor Illegal Aliens for Profit.
Garcia-Velazquez, also known as Jorge Espino-Garcia and by the nickname “Tucan,” admitted that he organized the transportation of undocumented noncitizens from the Mexico border to houses in and around Phoenix.
As a result of their multi-year investigation, HSI agents seized and forfeited from organization members over $1 million; five firearms, including an SKS 7.62 x 39mm semi-automatic rifle, with accompanying magazines and ammunition; and five vehicles.
Garcia-Velazquez’s co-conspirators were previously sentenced. Jesus Torres-Aguilera pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit and Conspiracy to Launder Monetary Instruments. Judge Rash sentenced him on October 24, 2023, to a prison term of time served, equivalent to approximately 23 months, to be followed by 36 months of supervised release. Judge Rash also ordered Torres-Aguilera to pay the $5,000 mandatory special assessment in compliance with the JVTA. Elmer Rene Del Cid Santos pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit. Judge Rash also sentenced him on October 24, 2023, to 18 months in prison, followed by 36 months of supervised release. A third individual, Angelico Roa-Joachin, pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit and Reentry of a Removed Alien. United States District Judge Jennifer G. Zipps sentenced Roa-Joachin to 78 months in prison.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This prosecution also resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the District of Arizona is part of JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security, to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime.
Homeland Security Investigations - Douglas conducted the investigation in this case with assistance from the Homeland Security Investigations offices in Charlotte, North Carolina, Huntsville, Alabama, and Atlanta, Georgia; Customs and Border Protection’s United States Border Patrol; the Drug Enforcement Administration in Sierra Vista; the Georgia Bureau of Investigation, the Clayton County Police Department, and the Fulton County Sheriff’s Office. Assistant U.S. Attorney, Michael R. Lizano, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-02715-SHR-LCK
RELEASE NUMBER: 2024-031_Garcia-Velazquez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Serial Bank Robber Sentenced to More than 7 Years in PrisonRead the Press Release
TUCSON, Ariz. – James Valentine Siehien, 53, of Tucson, was sentenced on February 27, 2024, by United States District Judge Raner C. Collins to 87 months in prison, followed by five years of supervised release. Siehien pleaded guilty to one count of Bank Robbery and two counts of Armed Bank Robbery on March 16, 2023, for a series of bank robberies he committed in Tucson.
Siehien admitted that, on October 21, 2021, he robbed approximately $4,000 from Chase Bank. He also admitted that, on October 26, 2021, he robbed approximately $2,740 from PNC Bank, with what was later determined to be a fake explosive device. Siehien further admitted that, on November 5, 2021, while possessing an axe, he robbed approximately $2,200 from First Convenience Bank.
The Federal Bureau of Investigation and the Tucson Police Department, as part of the Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. Assistant U.S. Attorney, Adam D. Rossi, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-03071-TUC-RCC
RELEASE NUMBER: 2024-029_Siehien# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Man Sentenced for Sending Bomb Threat to Arizona State Election OfficialRead the Press Release
A Massachusetts man was sentenced today to three years and six months in prison for sending a communication containing a bomb threat to an election official in the Arizona Secretary of State’s Office.
“Those using illegal threats of violence to intimidate election workers should know that the Justice Department will find you and hold you accountable under the law,” said Attorney General Merrick B. Garland. “The defendant in this case will spend the next three and a half years in federal prison for threatening an Arizona election official. We will continue to aggressively investigate and prosecute such unlawful threats of violence.”
According to court documents, on or about Feb. 14, 2021, James W. Clark, 40, of Falmouth, sent a message via the Arizona Secretary of State’s website through “Contact Elections,” addressing the election official by her first name and warning her that she needed to “resign by Tuesday February 16th by 9 am or the explosive device impacted in her personal space will be detonated.” Shortly after transmitting the message, Clark conducted online searches that included the full name of the election official in conjunction with the words “how to kill” and “address.” Additionally, on or about Feb. 18, 2021, Clark conducted online searches involving the Boston Marathon bombing.
“James W. Clark sent a bomb threat to an Arizona election official. As a result, law enforcement searched the office building where the official worked, as well as the official’s home and car, for an explosive device,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Public servants who ensure our free and fair elections must be able to do their jobs without fear. The Criminal Division will continue to aggressively investigate and prosecute those who target election officials with threats of violence.”
In response to Clark ’s message, law enforcement conducted partial evacuations and bomb sweeps of the building in which the Arizona Secretary of State’s Office was located, including an evacuation of the floor of the Office of the Arizona Governor located in the same building. Law enforcement also conducted bomb sweeps of the election official’s personal residence and of the election official’s car.
“The U.S. Attorney’s Office for the District of Arizona will continue to prosecute those who would threaten our public servants simply for performing the jobs they were hired to do,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “As we head into election season, we thank the state and county election community who make democracy possible.”
“Election officials, their staffs, and volunteers are essential to our democracy and any threat to these public servants is completely unacceptable,” said Special Agent in Charge Akil Davis of the FBI Phoenix Field Office. “As part of our mission to defend the democratic process, this case demonstrates that the FBI remains prepared to respond to these threats in an urgent and timely fashion.”
Clark pleaded guilty in August 2023 to one count of making a threatening interstate communication.
The FBI Phoenix Field Office investigated the case, with assistance from the FBI Boston Field Office.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona prosecuted the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Over two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
Six Defendants Indicted in Multi-State Identity Theft RingRead the Press Release
TUCSON, Ariz. – On February 28, 2024, a federal grand jury returned a five-count indictment against Armani R. Purandah, 24, Rashawn L. Gray, 27, Tyshaun D. Ripley, 25, Awilda Reyes, 51, Richard M. Bah, 20, of Bronx, NY, and Harley D. Stuscavage, 41, of Phoenix. The defendants were each charged with one count of Conspiracy to Commit Bank Fraud and four counts of Aggravated Identity Theft.
The indictment alleges that the co-conspirators engaged in a scheme to defraud individuals and banks across the United States including in Arizona, Colorado, and California. The co-conspirators unlawfully used victims’ personal identifying information and fraudulent identifications to open fake business accounts linked to the victims’ legitimate bank accounts. They transferred the victims’ funds from the victims’ legitimate bank accounts to the fraudulent business bank accounts. Once the victims’ funds were transferred to the business accounts, the co-conspirators withdrew the funds in cash at financial institutions and tribal casinos. The co-conspirators also made other unauthorized transactions from the accounts.
Conspiracy to Commit Bank Fraud carries a maximum penalty of 30 years in prison and a fine of up to $1,000,000. Aggravated Identity Theft carries a two-year mandatory minimum prison sentence.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-24-00927-JCH-MSA
RELEASE NUMBER: 2024-027_Purandah, et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Convicted Felon Sentenced to over 6 Years for Unlawful Possession of a FirearmRead the Press Release
PHOENIX, Ariz. – Leonard Stanley White, 41, of Phoenix, was sentenced on February 21, 2024, by United States District Judge David G. Campbell to 82 months in prison, followed by three years of supervised release. White pleaded guilty on November 21, 2023, to Felon in Possession of a Firearm and in doing so, he admitted to violating his supervised release conditions.
On May 9, 2023, White was arrested on a supervised release violation warrant and was found to be in possession of a firearm at that time. White had previously been convicted of Voluntary Manslaughter. After the Voluntary Manslaughter conviction, White was sentenced to 70 months for possessing the firearm and an additional 12 months for violating his supervised release in another case.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Chandler Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-23-00819-PHX-DGC
RELEASE NUMBER: 2024- 028_White# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Investigation Leads to Conviction of Human Smuggling Organization Leader Involved in Alien Smuggling and Money LaunderingRead the Press Release
17 Co-Conspirators Already Convicted and SentencedTUCSON, Ariz. – Tony Cardenas, 36, of Phoenix, was sentenced last week by United States District Judge Jennifer G. Zipps to 48 months in prison, followed by three years of supervised release. Cardenas, the leader of a Phoenix-based human smuggling organization, pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit and Conspiracy to Commit Money Laundering on November 17, 2023. Cardenas and 18 co-conspirators were indicted in November 2021 following an investigation by Homeland Security Investigations (HSI) – Sells and the Internal Revenue Service Criminal Investigation (IRS-CI).
In June 2018, HSI – Sells began investigating Cardenas and his human smuggling organization. Throughout the course of this investigation, agents discovered that undocumented noncitizens were being moved from Central America and Mexico to the Tohono O’odham Nation where they were directed to nearby stash houses or picked up and taken to stash houses in the Tucson and Phoenix areas. Using Phoenix as a distribution hub, the human smuggling organization held undocumented noncitizens in Phoenix until final payment was received. Once payments were made, the undocumented noncitizens were driven to their final destinations throughout the United States. A financial investigation conducted by IRS-CI identified numerous co-conspirators who were using their bank accounts and money service businesses to channel over $1 million back to the alien smuggling organization in Arizona. Seventeen co-conspirators with ties to the Cardenas human smuggling organization have been convicted of alien smuggling and/or money laundering. The final co-conspirator is scheduled to be sentenced on March 28, 2024.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Homeland Security Investigations – Sells and IRS Criminal Investigation – Tucson conducted the investigation in this case. Assistant U.S. Attorneys Craig Russell and Fred Cocio, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-02978-TUC-JGZ
RELEASE NUMBER: 2024-026_Cardenas, et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest newsTwo Defendants Arrested for Conspiring to Illegally Export Weapons to South SudanRead the Press Release
A federal criminal complaint was unsealed yesterday in the District of Arizona charging Abraham Chol Keech, 44, of Utah, and Peter Biar Ajak, 40, of Maryland, with conspiring to purchase and illegally export millions of dollars’ worth of fully automatic rifles, grenade launchers, Stinger missile systems, hand grenades, sniper rifles, ammunition, and other export-controlled items from the United States to South Sudan, in violation of the Arms Export Control Act (AECA) and the Export Control Reform Act (ECRA).
“As alleged, the defendants sought to unlawfully smuggle heavy weapons and ammunition from the United States into South Sudan – a country that is subject to a U.N. arms embargo due to the violence between armed groups, which has killed and displaced thousands,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice will not tolerate the illicit export of weapons overseas, and we will hold accountable those who would violate our laws.”
“Sanctions and export controls help ensure that American weapons are not used internationally to destabilize other sovereign nations,” said U.S. Attorney Gary Restaino for the District of Arizona. “We thank our law enforcement partners, including Homeland Security Investigations, for continuing to use their legacy customs enforcement authority to protect the public.”
According to court documents, in July 2018, in response to the conflict between South Sudan’s Transitional Government of National Unity and opposition forces, the United Nations Security Council imposed an arms embargo on South Sudan. The Security Council has renewed the arms embargo every year since 2018, most recently in May 2023. Under U.S. law, specifically the AECA and ECRA, it is unlawful to export weapons and ammunition to South Sudan absent authorization in the form of a license from the U.S. Department of State or the Department of Commerce. It is the policy of the United States to deny licenses and approvals to export to South Sudan defense articles, such as automatic rifles, grenade launchers, and missile Stinger systems.
As alleged in court documents, between at least February 2023 and February 2024, Keech and Ajak sought to illegally purchase weapons and related export-controlled items from undercover law enforcement agents and smuggle those weapons and items from the United States to South Sudan through a third country. The defendants knew that South Sudan was subject to an arms embargo and that exporting weapons and ammunition from the United States to South Sudan without a license from the U.S. government was illegal and would violate U.S. law. For example, the defendants openly discussed the illegality of the transaction, expressed the need to be discreet, and agreed to pay a risk fee for the weapons because of the illegal nature of the arms sale. In addition, to facilitate the smuggling scheme, the defendants discussed disguising the weapons as humanitarian aid and paying bribes.
As part of the scheme, the defendants further sought to conceal from financial institutions and others the source and purpose of the funds used to purchase and smuggle the illicit arms. For example, the defendants agreed to an arms contract for nearly $4 million worth of weapons and related items and requested a “fake contract” in the same amount in “consulting services” and items, such as “communications equipment,” related to “human rights, humanitarian, and civil engagement inside South Sudan refugee camps.” The defendants then caused funds to be transferred through an intermediary company identified in the fake contract to complete the purchase.
If convicted, the defendants face up to 20 years in prison for conspiring to violate the AECA, up to 20 years in prison for conspiring to violate the ECRA, and up to 10 years in prison for smuggling goods from the United States.
The Department of Homeland Security’s Homeland Security Investigations, the Department of Defense’s Defense Criminal Investigative Service, the Department of the Army Criminal Investigation Division, and the Department of Commerce’s Office of Export Enforcement are investigating the case, with valuable assistance provided by the Department of the Army Criminal Investigation Division, the U.S. Attorney’s Office for the District of Maryland and the U.S. Attorney’s Office for the District of Utah.
The U.S. Attorney’s Office for the District of Arizona and the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Keech and Ajak complaintTucson Orthodontist and His Spouse Charged with Engaging in Scheme to Embezzle from Dental PracticeRead the Press Release
Tucson, Ariz. – A federal grand jury in Tucson returned a seven-count indictment last week against Dr. Andrew L. Kassman and his wife, Laurie Ann Kassman, of Tucson, for Conspiracy to Commit Wire Fraud and Wire Fraud.
Dr. Kassman was the former owner of a Tucson orthodontics practice. After selling the practice, Dr. Kassman and his wife continued as employees for the new owner. Dr. Kassman worked as an orthodontist, and Dr. Kassman’s wife continued as the office manager. The indictment alleges that, after the sale, Dr. Kassman kept his business bank account open. The Kassmans then engaged in an embezzlement scheme in which they diverted funds that belonged to the practice without the new owner’s knowledge or consent. To conceal the scheme, Laurie Kassman manipulated financial records in the practice’s record keeping system. The Kassmans embezzled at least $73,000.
A conviction for either charge - Conspiracy to Commit Wire Fraud or Wire Fraud - carries a maximum penalty of 20 years in prison and a $250,000 fine.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The United States Secret Service and the U.S. Postal Inspection Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-00789-TUC-RM
RELEASE NUMBER: 2024-025_Kassman# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Internal Revenue Service Special Agent Indicted in Shooting Death of Fellow AgentRead the Press Release
TUCSON, Ariz. – On Wednesday, a federal grand jury indicted Larry Edward Brown, Jr., 42, of Peoria, on one count of Involuntary Manslaughter of an Officer of the United States.
The indictment alleges that on August 17, 2023, Special Agents of the Internal Revenue Service Criminal Investigation (IRS-CI) used the firearm range at the Federal Correctional Institution – Phoenix for standard pistol qualifications and classroom training. Brown, who has served as a special agent for IRS-CI for over 12 years, is a trained Use of Force Instructor.
After all training had concluded for the day, Brown entered a building known as the “Tower,” a small, one-room structure with an interior measuring approximately eight feet by nine feet, located on the range where firearms instructors can observe and command live-fire trainings. The only other occupant inside the Tower was Special Agent Patrick Bauer, a 15-year veteran of IRS-CI and a trained Use of Force Instructor, who had led the live-fire pistol qualifications that day. As alleged in the indictment, while inside the Tower, Brown handled his firearm without due caution and with reckless disregard for human life, striking Special Agent Bauer in the torso with a single gunshot.
Despite life-saving efforts by agents at the scene, EMTs, and hospital staff, Special Agent Bauer died as a result of the penetrating gunshot wound.
Brown had his initial court appearance today and has been released. The matter has been set for trial on April 2, 2024.
Involuntary Manslaughter of an Officer of the United States carries a maximum penalty of eight years in prison and a fine of up to $250,000.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation conducted the investigation in this case, with assistance from the Treasury Inspector General for Tax Administration. The United States Attorney’s Office for the District of Arizona, Tucson, is handling the prosecution.
Indictment - BrownCASE NUMBER: CR-24-00355-PHX-SPL
RELEASE NUMBER: 2024-024_Brown# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Court Finds That Arizona Voter Registration Provisions Violate Federal LawRead the Press Release
The U.S. District Court for the District of Arizona struck down an Arizona requirement that individuals seeking to register to vote must list their birthplace as a prerequisite to registering to vote. The court ruled that the birthplace requirement of House Bill 2492 violated a federal law that prevents election officials from rejecting voting materials for errors or omissions that are not material to determining a registrant’s qualifications to vote. The court previously ruled that Arizona may not require documentary proof citizenship to vote in a federal election.
“This ruling provides a cautionary note that should discourage officials from considering imposition of restrictive or burdensome proof of citizenship demands or requests for unnecessary information from voters before registering them to vote in federal elections,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the National Voter Registration Act (NVRA) and other federal laws to ensure that eligible voters are able to register and vote in federal elections.”
“Arizona passed legislation in 2022 that violates the Civil Rights Act of 1964 and other federal safeguards,” said U.S. Attorney Gary Restaino for the District of Arizona. “The District Court’s order helps level the playing field and it removes formidable barriers to Arizonans’ exercise of their right to vote. We appreciate the advocacy work of so many non-profit organizations and the Civil Rights Division in seeking a fairer and more just America.”
The court’s ruling comes following a bench trial late last year in a set of consolidated cases challenging various aspects of voting laws adopted by the State of Arizona. The Justice Department’s lawsuit, filed in July 2022, challenged voting restrictions imposed by House Bill 2492 (2022), alleging violations under Section 6 of the NVRA and Section 101 of the Civil Rights Act of 1964. Specifically, the United States’ complaint contended that House Bill 2492 violates the NVRA by requiring that applicants produce documentary proof of citizenship before they can vote in presidential elections or vote by mail in any federal election when they register to vote using the uniform federal registration form created by the NVRA. This requirement flouts the 2013 U.S. Supreme Court decision in Arizona v. Inter Tribal Council of Ariz., Inc., which rejected an earlier attempt by Arizona to impose a similar documentary proof of citizenship mandate on applicants seeking to vote in federal elections.
The United States’ complaint also contended that House Bill 2492 violates Section 101 of the Civil Rights Act by requiring election officials to reject voter registration forms based on errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot. Several private plaintiffs filed related cases and yesterday’s ruling also addresses additional claims brought by those parties.
More information about the Voting Rights Act and other federal voting laws is available on the Justice Department’s website at www.justice.gov/crt/voting-section. Complaints about discriminatory voting practices can be reported to the Civil Rights Division through the internet reporting portal at civilrights.justice.gov or by telephone at 1-800-253-3931.
Man Arrested for Making Threats to Arizona Election OfficeRead the Press Release
An Alabama man was arrested today in Cullman, Alabama, for allegedly sending threatening messages to election workers with Maricopa County Elections in Phoenix.
Brian Jerry Ogstad, 59, of Cullman, made his initial appearance today at the federal courthouse in Huntsville.
“As alleged in the indictment, Brian Ogstad sent threatening messages to a social media account maintained by the Maricopa County Elections office. After referencing claims of voter fraud in Arizona’s 2022 gubernatorial race, Ogstad allegedly made a number of threats to election workers and officials, including that they were ‘dead’ and ‘stupid if you think your lives are safe,’” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Public servants who administer our elections — the cornerstone of our democracy — must be able to do their jobs without fear. The Criminal Division will continue to aggressively investigate and prosecute those who target election officials and workers with threats of violence.”
According to an indictment unsealed today, on or about Aug. 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through on or about Aug. 4, 2022, Ogstad allegedly sent multiple threatening direct messages to an Instagram social media account maintained by Maricopa County Elections. For instance, on or about Aug. 3, 2022, Ogstad allegedly stated (1) “You did it! Now you are [expletive]. Dead. You will all be executed for your crimes”; (2) “[expletive] you! You are caught! They have it all. You [expletive] are dead”; (3) “You are lying, cheating [expletive] . . . you better not come in my church, my business or send your kids to my school. You are [expletive] stupid if you think your lives are safe”; and (4) “You [expletive] are so dead.” On or about Aug. 4, 2022, Ogstad also allegedly stated “[Y]ou people are so ducking [sic] stupid. Everyone knows you are lots [sic], cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang [expletive]!”
“We cannot permit election skeptics to threaten vigilante justice,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We will continue to prosecute true threats against Arizona’s election officials and other public servants, including direct messages sent on social media, or communications in any other format.”
“The FBI takes all threats of violence seriously,” said Special Agent in Charge Akil Davis of the FBI Phoenix Field Office. “The work of election officials, their staffs, and volunteers is essential to our democracy and any threat to these public servants is completely unacceptable. The FBI remains vigilant in our efforts to detect and assess possible threats and, as always, we encourage the public to promptly report suspicious activities which could represent a threat to public safety.”
Ogstad is charged with five counts of communicating an interstate threat. If convicted, Ogstad faces a maximum penalty of five years in prison on each count.
The FBI Phoenix Field Office is investigating the case, with substantial assistance from the FBI Birmingham Field Office.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona are prosecuting the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Over two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
IndictmentCocaine Trafficker Sentenced to 10 Years in PrisonRead the Press Release
TUCSON, Ariz. –Manuel Alejandro Beltran-Quintero, 35, of Tucson, was sentenced last week by United States District Judge Jennifer G. Zipps to 120 months in prison, followed by four years of supervised release. Beltran-Quintero pleaded guilty to Conspiracy to Distribute Cocaine and Possession with Intent to Distribute Cocaine on September 7, 2023. Five co-defendants also charged in this case pleaded guilty and received sentences of up to 68 months in prison.
On April 15, 2020, Beltran-Quintero coordinated the delivery of nearly 20 kilograms of cocaine in Tucson. Agents from the Drug Enforcement Administration successfully interdicted the drugs and arrested Beltran-Quintero and his co-conspirators. The investigation revealed that Beltran-Quintero had also coordinated the attempted smuggling of firearms to Mexico on three separate occasions in late 2019, all of which were intercepted by law enforcement.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The Drug Enforcement Administration led the investigation in this case. Assistant U.S. Attorneys Stefani Hepford and Ashley Culver, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-01565-TUC-JGZ
RELEASE NUMBER: 2024-023_Beltran-Quintero# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Nogales Man Indicted for Trafficking in FirearmsRead the Press Release
Firearms Trafficker Found with Multiple Rifles, Pistols, and Magazines
TUCSON, Ariz. – On February 21, 2024, a federal grand jury indicted Jose Rene Murrieta, 30, of Nogales, on one count of Smuggling Goods from the United States, Felony Receipt of a Firearm, and Conspiracy to Smuggle Firearms Out of the United States to Promote a Felony.
The complaint alleges that on January 23, 2024, Murrieta attempted to exit the United States and enter the Republic of Mexico through the DeConcini Port of Entry. After a search of Murrieta’s vehicle, United States Customs and Border Protection Officers located multiple rifles, pistols, and magazines. During an interview, Murietta admitted he was smuggling the items to Mexico in exchange for money.
Smuggling Goods from the United States carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Felony Receipt of a Firearm and Conspiracy to Smuggle Firearms Out of the United States to Promote a Felony carry a maximum penalty of 15 years in prison and a fine of up to $250,000.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
This case is being prosecuted under criminal provisions of the Bipartisan Safer Communities Act, which Congress enacted and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.
Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Nathaniel Walters, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-24-00786-SHR-AMM
RELEASE NUMBER: 2024-022_Murrieta# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.U.S. Attorney's Office Hosts Fourth Community Event as Part of DOJ's United Against Hate InitiativeRead the Press Release
PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona held its fourth United Against Hate event on Wednesday at the Valley of the Sun Jewish Community Center in Scottsdale, Arizona. The event provided an opportunity for an informative and robust discussion with leaders from Arizona’s Jewish community. Over 150 invited guests, including community members, local leaders, and law enforcement, were in attendance. The event focused on establishing a dialogue between the community and law enforcement and on increasing community understanding and reporting of hate crimes and hate incidents.
“We remain committed to investigating and pursuing charges against those who induce fear and trauma through acts of hate directed at our fellow citizens based on their religious beliefs,” said United States Attorney Gary Restaino. “We are appreciative of the Jewish community and its leaders for convening with us, and thankful most of all for the energetic participation of many students from Arizona State University: they are our next generation of leaders and a critical voice in the community.”
Wednesday’s event featured a panel discussion among community leaders, local law enforcement, and the U.S. Attorney. The discussion allowed attendees to hear directly from members of the local Jewish community, who shared their thoughts, concerns, and experiences with hate crimes and hate incidents.
This fourth United Against Hate event follows similar meetings between the U.S. Attorney’s Office and leaders of Arizona’s African American, LGBTQ+, and Hispanic communities. The District of Arizona will hold additional United Against Hate events in the coming months to engage with communities across the state. These events will further encourage collaboration, support hate crimes prevention efforts, and encourage more Arizonans to report hate crimes and hate incidents.
RELEASE NUMBER: 2024-021_United Against Hate Event
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Drug Coordinator Sentenced to 63 Months in PrisonRead the Press Release
TUCSON, Ariz. – Enrique Heriberto Nunez-Tiznado, 45, of Sasabe, Sonora, Mexico, was sentenced yesterday by United States District Judge Scott H. Rash to 63 months in prison. Nunez-Tiznado pleaded guilty to Possession with Intent to Distribute Fentanyl, Heroin, Cocaine, and Methamphetamine, and Conspiracy to Launder Monetary Instruments on December 13, 2023.
Nunez-Tiznado admitted he was a Mexico-based leader of an organization that supplied drugs that were mailed throughout the United States. Nunez-Tiznado used individuals to smuggle drugs into the United States through ports of entry. He then coordinated the mailing of those drugs from Tucson to various locations throughout the United States. Finally, he coordinated the laundering of drug proceeds through a co-defendant’s bank account.
Colombian authorities apprehended Nunez-Tiznado in February 2022, pursuant to an Interpol Red Notice, and Nunez-Tiznado was extradited from Colombia to the United States on April 12, 2023.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The Drug Enforcement Administration and the Federal Bureau of Investigation conducted the investigation in this case. The Justice Department’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché’s Office at the U.S. Embassy in Bogota, the U.S. Marshals Service, and Colombian law enforcement authorities provided critical assistance in securing the arrest and extradition of Nunez-Tiznado. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 21-2667-TUC-SHR
RELEASE NUMBER: 2024-020_Nunez-Tiznado# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Man Arrested for Making Threat to Arizona Election OfficialRead the Press Release
A California man was arrested today in San Diego for allegedly leaving a voicemail containing a violent threat on the personal cell phone of an election official with the Maricopa County Recorder’s Office in Phoenix, Arizona.
William Hyde, 52, of San Diego, is scheduled to make his initial appearance tomorrow at the federal courthouse in San Diego.
“As alleged in the indictment, the defendant left threatening messages on a Maricopa County election official’s personal cell phone the day after county officials certified the 2022 election results. The indictment alleges that the defendant accused the official of cheating the election and told the official to ‘run’ and ‘hide,’” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The Criminal Division is committed to aggressively investigating and prosecuting individuals who threaten election officials. We will not tolerate criminal intimidation of those who administer and safeguard our elections.”
According to an indictment unsealed today, on or about Nov. 28, 2022, a victim election official attended a meeting of the Maricopa County Board of Supervisors, where the Board of Supervisors certified the 2022 general election results in Maricopa County. The following day, Hyde allegedly left the following voicemail message on the personal cell phone of the election official: “Run, [expletive].” Approximately one minute later, Hyde allegedly left the following voicemail message on the personal cell phone of the election official: “You wanna cheat our elections? You wanna screw Americans out of true votes? We’re coming, [expletive]. You’d better [expletive] hide.”
“Intimidation of election officials strikes at the very heart of our democracy,” said U.S. Attorney Tara McGrath for the Southern District of California. “Even just one case can have a ripple effect. This office will aggressively prosecute any attempt to intimidate, threaten, or frighten election officials as they engage in these critical duties.”
“Election integrity starts with protecting those we entrust to administer elections,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We appreciate the admirable efforts of the Recorder’s Office and Elections Department in Maricopa County to efficiently register Arizonans as eligible voters, and to accurately and transparently tabulate their votes.”
“Individuals who work to ensure the integrity of our elections should not have to worry about their safety while working for the American people,” said Acting Special Agent in Charge TJ Holland of the FBI San Diego Field Office. “We will continue to collaborate with our local, state, and federal law enforcement partners to protect election officials and prosecute anyone who threatens to harm them.”
Hyde is charged with one count of communicating an interstate threat. If convicted, he faces a maximum penalty of five years in prison.
The FBI San Diego Field Office is investigating the case, with substantial assistance from the FBI Phoenix Field Office.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Seth Askins for the Southern District of California are prosecuting the case, with substantial assistance from Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
IndictmentMeth Distributor Sentenced to over 7 Years in PrisonRead the Press Release
TUCSON, Ariz. – Esteban Terrazas, 56, of Tucson, was sentenced last week by United States District Judge Jennifer G. Zipps to 87 months in prison. Terrazas pleaded guilty to Possession with Intent to Distribute Methamphetamine on October 27, 2023.
On August 10, 2021, law enforcement officers stopped Terrazas for a traffic violation and found approximately one pound of methamphetamine and a loaded handgun in his possession. Terrazas admitted that he intended to sell the methamphetamine and that he was prohibited from possessing a gun. Terrazas has multiple prior felony convictions, the most recent being for manslaughter, that prohibit him from possessing firearms.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Homeland Security Investigations, the Drug Enforcement Administration, and the Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 21-2360-TUC-JGZ
RELEASE NUMBER: 2024-019_Terrazas# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Firearms Purchaser Sentenced to 21 Months for Lying to Acquire a FirearmRead the Press Release
TUCSON, Ariz. – Javier Alejandro Ramos-Velderrain, 23, of Tucson, was sentenced last week by United States District Judge Scott H. Rash to 21 months in prison. On October 23, 2023, a jury convicted Ramos-Velderrain of Making a False Statement During the Purchase of a Firearm.
On November 4, 2020, U. S. Customs and Border Protection officers stopped Luis Manuel Bray-Vasquez as he attempted to enter the Republic of Mexico at the Mariposa Port of Entry in Nogales in an SUV. When told to turn off the engine, Bray-Vasquez, a U.S. Consulate employee, put the car in drive and attempted to flee into Mexico. Port officials were able to close the gates and stop the vehicle from escaping into Mexico and Bray-Vasquez was arrested. A search of the SUV revealed 15 firearms, including a Barrett BMG .50 caliber rifle, broken down and hidden in a blue bag. Bray-Vasquez was subsequently prosecuted and sentenced on August 24, 2021, by United States District Judge Jennifer G. Zipps, to 46 months in prison after he pleaded guilty to Smuggling Goods from the United States (CR-21-00655-TUC-JGZ).
Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began an investigation into the source of the 15 firearms and traced the 12 firearms that had serial numbers. Based on the tracing, ATF discovered that Javier Alejandro Ramos-Velderrain purchased the Barrett BMG .50 caliber firearm from 2A Ballistic Solutions, a federal firearms licensee (FFL), just 22 days prior to it being intercepted at the border. When he purchased the Barrett rifle, Ramos-Velderrain filled out and certified under penalty of perjury the ATF Form 4473, the Firearms Transaction Record, which records the identifying information of the buyer when purchasing a firearm from an FFL. At the time, Ramos-Velderrain knowingly listed a false address as his residence. This delayed the investigation, as agents were unable to locate Ramos-Velderrain. When agents found him, Ramos-Velderrain stated that he sold the firearm for $7,000 to a person who responded to an internet sale advertisement. He was unable to provide any information as to whom and when he allegedly sold the firearm. The Barrett BMG .50 caliber rifle is one of the most highly powered firearms that can be purchased outside of the military as it has massive destructive power.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, and U.S. Customs and Border Protection conducted the investigation in this case. Assistant U.S. Attorneys Serra M. Tsethlikai and Evan N. Wesley, District of Arizona, Tucson, handled the prosecution. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution of Luis Manuel Bray-Vasquez.
CASE NUMBER: CR-21-03282-SHR
RELEASE NUMBER: 2024-018_Ramos-Velderrain# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Former BOP Prison Guard Sentenced to 18 Months for Accepting a BribeRead the Press Release
TUCSON, Ariz. – Heather Alissa Neff, 38, of Lee’s Summit, Missouri, was sentenced last week by United States District Judge Scott H. Rash to 18 months in prison, and 36 months of supervised release. Neff pleaded guilty to Accepting a Bribe by a Public Official on August 31, 2023.
From 2016 through June 2019, Neff worked as a corrections officer in the Bureau of Prisons facility at FCI Safford where she regularly interacted with inmates. In early 2019, Neff entered into an inappropriate sexual relationship with an inmate incarcerated at FCI Safford. Neff received cash in exchange for a stream of benefits to the inmate, including sexual contact with the inmate; introducing contraband into the prison, which included nutritional supplements, loose tobacco, hygiene items, and rum; and assisting the inmate in circumventing a security feature of the prison by taking mail from the inmate out of the prison and inserting it into the U.S. mail on his behalf. Neff also accessed the BOP SENTRY system on behalf of the inmate and provided him with non-public information regarding other inmates. As a part of the plea, Neff acknowledged that one of the inmates she provided information about was later assaulted.
Department of Justice Office of the Inspector General conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson handled the prosecution.
CASE NUMBER: CR-23-00204-SHR-BGM
RELEASE NUMBER: 2024-017_Neff# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Readout of Disruptive Technology Strike Force One-Year SummitRead the Press Release
On Feb. 7 and 8, the Justice Department’s National Security Division hosted a summit in Phoenix, Arizona, to commemorate the one-year anniversary of the launch of its Disruptive Technology Strike Force – an interagency law enforcement effort aimed at preventing critical technologies from being acquired by authoritarian regimes and hostile nation-states.
Strike Force co-leads Assistant Attorney General (AAG) Matthew G. Olsen of the Justice Department’s National Security Division and Assistant Secretary for Export Enforcement Matthew Axelrod of the Commerce Department’s Bureau of Industry and Security (BIS), were joined in Phoenix by U.S. Attorney Gary Restaino for the District of Arizona. Deputy Attorney General Lisa O. Monaco delivered virtual remarks to commemorate the one-year anniversary and highlighted all the progress that has been made since she first announced the creation of the Strike Force a year ago.
The two-day event began with a law enforcement-only day focused on case studies, best investigative practices, briefings on cutting-edge technologies, and one-year reports from all 15 of the local cells. On the second day, the Strike Force was joined by private sector and academia representatives from across the country for sessions describing the work of the Strike Force across multiple subject areas, corporate compliance, best practices for building trade compliance programs, and law enforcement outreach efforts. Along with U.S. government officials, the summit consisted of presenters from the private sector and academia, including officials from Arizona State University, which hosted the event at its Sandra Day O’Connor College of Law.
Members of the Ukrainian government attended the summit as honored guests to present on the use of advanced technology by Russia in its unlawful and full-scale war of aggression against Ukraine, and how the work of the Strike Force can assist Ukraine’s war efforts. Yuriy Bielousov, the Head of the War Crimes Department in the Office of the Prosecutor General; Dr. Nataliia Nestor, the Deputy Director of the Kyiv Scientific Research Institute of Forensic Expertise in the Ministry of Justice; and Vladyslav Vlasiuk, an advisor on sanctions in the Office of the President of Ukraine represented Ukraine at the summit. The three were among the Ukrainian officials with whom AAG Olsen and Assistant Secretary Axelrod met during their trip to Kyiv in late 2023. The Strike Force is grateful for its close partnership with the Ukrainian government.
During the event, AAG Olsen and Assistant Secretary Axelrod announced the expansion of the Strike Force to three new metropolitan areas and formally recognized the Defense Department’s Defense Criminal Investigative Service (DCIS) as a partner in the Strike Force. All five agencies that make up the Strike Force—the Justice Department’s National Security Division, the Commerce Department’s BIS, the FBI, the Department of Homeland Security’s Homeland Security Investigations (HSI), and DCIS—were represented at the one-year summit.
In addition to the co-leads of the Strike Force, attendees included Ryan Buchanan, the U.S. Attorney for the Northern District of Georgia; Jill Steinberg, the U.S. Attorney for the Southern District of Georgia; Markenzy Lapointe, the U.S. Attorney for the Southern District of Florida; Alamdar Hamdani, the U.S. Attorney for the Southern District of Texas; Ismail Ramsey, the U.S. Attorney for the Northern District of California; Joshua Levy, the Acting U.S. Attorney for the District of Massachusetts; Raj Parekh, the First Assistant U.S. Attorney for the Eastern District of Virginia; Grant Fleming, the Deputy Director for Investigative Operations at DCIS; and James Mancuso, the Assistant Director for HSI.
Phoenix Driver Sentenced to Prison for Conspiracy to Transport Five Border CrossersRead the Press Release
PHOENIX, Ariz. – Dinero Devon Washington, 46, of Phoenix, was sentenced last week by United States District Judge Michael T. Liburdi to 24 months in prison, to be followed by 36 months of supervised release. Washington pleaded guilty to Conspiracy to Transport Illegal Aliens on September 7, 2023.
On April 16, 2021, Washington and his co-conspirator, Alina Pablo, approached the fixed Border Patrol checkpoint in Ajo in a Ford F-150. Border Patrol agents noted five other passengers in the vehicle, all wearing camouflaged clothing with backpacks and carpeting on their shoes, indicators of having recently crossed the border between Mexico and the United States. Questioning by agents confirmed that all five passengers were citizens and nationals of Mexico or Guatemala with no permission to enter the United States and had recently been picked up by Washington and Pablo. Subsequent searches of Washington’s cell phone revealed detailed evidence of the planning and logistics of the smuggling effort, including pin drops, maps, and text messages. Pablo, Washington’s co-conspirator, pleaded guilty to her role in the offense and will be sentenced later this year.
Homeland Security Investigations-Phoenix office conducted the investigation in this case. Assistant U.S. Attorney Louis Uhl, District of Arizona, Yuma, handled the prosecution.
CASE NUMBER: CR-22-00544-MTL-2
RELEASE NUMBER: 2024-016_Washington# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Arizona Woman Sentenced for Concealing Funds Intended to Support Acts of TerrorismRead the Press Release
PHOENIX, Ariz. – Jill Marie Jones, 37, formerly of Chandler, was sentenced on Monday by United States District Judge Dominic W. Lanza to 78 months in prison, followed by 25 years of supervised release. Jones pleaded guilty to Concealment of Funds Intended to Support Acts of Terrorism.
As early as 2019, Jones regularly posted anti-American content on social media platforms because she believed the United States military unjustly treated Muslims overseas. In 2020, Jones began communicating online with a person she believed to be a member of al Qaeda, but who was in fact working for the FBI. On May 10, 2020, when asked by this individual if she supported al Qaeda and their struggle against the kuffar (non-believers), Jones responded, “Yes, I do.” Jones communicated with this individual about traveling to Afghanistan to support al Qaeda because “supporting AQ against the oppressors would be an honour.”
On May 18, 2020, when asked whether she could spare any money to buy weapons for al Qaeda to kill American soldiers, Jones responded that, while she was not well-off financially, the U.S. government’s COVID stimulus checks presented an opportunity: “The timing is interesting. Since because of coronavirus we all got government money. Free money basically. ... [I]t would be most ironic the money from that goes for this . . . They give us free money, and I turn it around on them.”
Jones agreed to send money, via a prepaid credit card. After researching prepaid cards online, Jones determined that an online purchase could be traced back to her because it required the disclosure of personal information. In order to conceal the source, ownership, and control of her funds, Jones traveled to a national retail store and purchased a $500 prepaid credit card using the COVID stimulus money provided to her by the U.S. government. She then sent the card information to the purported al Qaeda member with the message, “may it help them to be victorious.” Jones intended for these funds to be used by al Qaeda to purchase rifle scopes for use against American soldiers in Afghanistan.
The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Amy Chang, David Pimsner, and Lisa Jennis, District of Arizona, Phoenix handled the prosecution.
CASE NUMBER: CR-20-0634-PHX-DWL
RELEASE NUMBER: 2024-015_Jones# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Smuggler Sentenced to 72 MonthsRead the Press Release
Driver Who Transported Alien in a Toolbox Also Found Responsible for Sexual Assault
TUCSON, Ariz. – Luis Carlos Ballesteros-Moreno, 43, of Hermosillo, Mexico, recently living in Tucson, was sentenced last week by United States District Judge John C. Hinderaker to 72 months in prison, followed by three years of supervised release. On September 20, 2023, Ballesteros-Moreno pleaded guilty to Transportation of Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person.
On March 27, 2023, Ballesteros-Moreno was encountered by United States Border Patrol agents at the State Route 90 checkpoint. At the time, he appeared to be the only occupant of his vehicle, a Chevrolet Silverado pickup truck. Approximately an hour into the encounter, Ballesteros-Moreno informed agents that a female person was hidden inside a commercial-sized toolbox mounted in the truck bed. Upon opening the toolbox, agents discovered an 18-year-old female. She was determined to be an undocumented noncitizen that Ballesteros-Moreno was transporting for financial gain. The young woman reported to law enforcement that she had been sexually assaulted by Ballesteros-Moreno during the transportation.
During sentencing, evidence was presented substantiating the sexual assault. The judge found that Ballesteros-Moreno created a substantial risk of death or serious bodily injury via the method of transporting the young woman in the exterior toolbox, and that he sexually assaulted and involuntarily detained her during the transportation.
Customs and Border Protection’s United States Border Patrol, Tucson Sector, and the Cochise County Sheriff’s Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: 23-CR-00542-TUC-JCH
RELEASE NUMBER: 2024-014_Ballesteros-Moreno# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Scottsdale Man Sentenced to 8 Years in Prison for Investment FraudRead the Press Release
PHOENIX, Ariz. – David Allen Harbour, 50, of Scottsdale, was sentenced on Tuesday by United States District Judge Douglas L. Rayes, to eight years in prison. After a five-week trial, a jury convicted Harbour of crimes involving wire fraud and transactional money laundering on March 2, 2023. On March 7, 2023, Harbour also pleaded guilty to tax evasion, agreeing that he evaded more than $4 million in taxes.
According to the evidence introduced at trial, Harbour acted as a self-styled investment advisor and defrauded numerous investors between 2007 and 2021. Harbour misrepresented the nature of the various investments and omitted material facts. The total loss to investors exceeded $8 million. Harbour diverted money to pay for a lavish lifestyle including numerous private country club memberships, expensive jewelry, multimillion dollar vacation residences, private jet travel, speed boats, luxury vehicles, and extravagant parties that included a private concert at his 40th birthday party by the 1970’s rock band the Eagles. Some of these items were seized by the government during the investigation, including a Patek Philippe watch, a Rolex watch, gold and diamond jewelry, and two country club memberships. The proceeds from these items will be used towards partial restitution for the victims. At sentencing, the judge specifically increased Harbour’s sentence for his efforts at tampering with witnesses prior to trial by paying or attempting to pay them off in exchange for not testifying against him.
“The defendant will have eight years in federal prison to reflect on his long-term pattern of deception,” said U.S. Attorney Gary Restaino. “Justice for the victims continues, as we work to determine the final amount of restitution, and to use the forfeited assets to restore some of the losses.”
“This eight-year prison sentence stands as a reminder that IRS CI will diligently investigate and hold accountable those who seek to defraud the American public,” said IRS CI Phoenix Field Office Acting Special Agent in Charge Carissa Messick. “And, by teaming with our federal partners, we will continue to aggressively investigate corruption at every level.”
“This sentence sends a clear message that those who commit financial fraud will be held accountable,” said FBI Phoenix Special Agent in Charge Akil Davis. “Investors should expect nothing less than complete candor and truth from their investment advisors. The FBI and our agency partners will continue to identify, investigate and pursue those who perpetrate criminal schemes for their own profit.”
This case was investigated by the Internal Revenue Service (IRS)-Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorneys Kevin M. Rapp and Coleen Schoch, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-00898-PHX-DLR
RELEASE NUMBER: 2024-013_Harbour# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.United States Attorney's Office Releases 2023 Fourth Quarter Immigration Enforcement StatisticsRead the Press Release
PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for October 1, 2023, to December 31, 2023. These cases are prosecuted in partnership with the Tucson and Yuma Sectors of the Customs and Border Protection’s U.S. Border Patrol, along with Homeland Security Investigations, and assistance from other federal, state, and county agencies. In the three-month period ending December 31, 2023, the United States brought criminal charges in Arizona against 1,662 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 190 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. In this time period, the United States also prosecuted 77 reactive drug cases arising out of immigration ports of entry and checkpoints.
Reducing migrant smuggling and mitigating the risk to communities impacted by these offenses continues to be a priority for the Office and its law enforcement partners. Some of these prosecutions are directed against leaders and coordinators of alien smuggling organizations. Other prosecutions are aimed at deterring young adult drivers, often recruited over social media platforms, from engaging in this dangerous activity. Prosecutions against young drivers include cases brought against seven juvenile smugglers during this time period.
Protecting law enforcement officers is a key part of border vigilance. During this time period federal prosecutors brought charges against four defendants accused of assaulting federal officers.
These statistics represent United States Attorney’s Office prosecutions only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
RELEASE NUMBER: 2024-012_2023 Fourth Quarter Immigration Enforcement Statistics
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Arizona Woman Sentenced to 27 Months in Prison for Second Alien Smuggling ConvictionRead the Press Release
Tucson, Ariz. – Nicole Shermaine Martinez, 40, of Sells, was sentenced yesterday by United States District Judge Cindy K. Jorgenson to 27 months in prison, followed by three years of supervised release. A jury found Martinez guilty of Conspiracy to Transport Illegal Aliens and Transportation of Illegal Aliens on November 8, 2023. Martinez also was sentenced to six months in prison for violating conditions of her federal probation from a prior alien smuggling conviction.
On January 18, 2023, Martinez picked up two undocumented non-citizens, including a 17-year-old unaccompanied minor, near the village of Menagers Dam on the Tohono O’odham Indian Reservation. She was apprehended by United States Border Patrol agents as she was driving the individuals further into the United States. Martinez had previously been convicted of alien smuggling after she transported four undocumented non-citizens, including two in the trunk of her car, also through the Tohono O’odham Indian Reservation. Martinez was placed on five years of probation but violated her conditions of probation by committing the new offense five months after she was sentenced.
Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-01459-TUC-CKJ-MAA
CR-23-00081-TUC-CKJ-MAARELEASE NUMBER: 2024-011_Martinez
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.