FEDERAL DISTRICT ARCHIVE
District of Arizona
Press releases recorded for this federal judicial district.
Arizona Man Charged with Selling Guns for Use in Mass ShootingRead the Press Release
PHOENIX, Ariz. – Mark Adams Prieto, 58, of Prescott, was indicted by a federal grand jury today on Firearms Trafficking, Transfer of a Firearm for Use in a Hate Crime, and Possession of an Unregistered Firearm.
The indictment alleges that, between January 2024 and May 2024, Prieto had discussions with two individuals working with the Federal Bureau of Investigation to devise a plan to commit a mass shooting of African Americans and other minorities to incite a race war prior to the 2024 United States Presidential Election. Prieto did not know the individuals were working with the government, but instead believed that they shared his racist beliefs and wanted to commit a mass shooting to incite a race war. The targeted event was a concert in Atlanta that was going to be held on May 14 and May 15, 2024.
The indictment further alleges that, having discussed specific details about the planned attack, Prieto sold two rifles to one of the individuals, an AK-style rifle on February 25, 2024, and an AR-style rifle on March 24, 2024. During the entire investigation, the Federal Bureau of Investigation closely monitored Prieto’s movements. On May 14, 2024, Prieto was stopped by law enforcement driving east from Arizona through New Mexico along Interstate 40. Prieto was in possession of seven firearms and was taken into federal custody. Law enforcement then executed a search warrant at his home in Prescott. Law enforcement found more firearms in his residence, including an unregistered short-barreled rifle.
Each conviction for Firearms Trafficking and Transfer of Firearm for Use in a Hate Crime carries a maximum penalty of 15 years in prison, a fine of $250,000, or both. A conviction for Possession of an Unregistered Firearm carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
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 Phoenix Field Office of the Federal Bureau of Investigation conducted the investigation in this case, with assistance from the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Field Office of the Federal Bureau of Investigation, the Department of Veteran’s Affairs Office of Inspector General, the Arizona Attorney General’s Office, and the Prescott Police Department. Valuable assistance was provided by the U.S. Attorney’s Office for the District of New Mexico. The U.S. Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution, along with the U.S Department of Justice, Civil Rights Division, and the U.S. Department of Justice, National Security Division’s Counterterrorism Section.
RELEASE NUMBER: 2024-074_Prieto# # #
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 Woman Sentenced to 60 Months in Prison for Trafficking Approximately 453,000 Fentanyl-Laced Pills and One Kilogram of Fentanyl PowderRead the Press Release
TUCSON, Ariz. – Alegria Pompeya Mendoza-Castro, 30, of Tucson, was sentenced on Tuesday by United States District Judge John C. Hinderaker to 60 months in prison. Mendoza-Castro pleaded guilty to Conspiracy to Distribute Fentanyl and Possession with Intent to Distribute Fentanyl on November 16, 2023.
On April 20, 2023, Mendoza-Castro traveled from Mexico through the DeConcini Port of Entry in Nogales. During the inspection of her vehicle, approximately 453,000 fentanyl-laced pills and one kilogram of fentanyl powder were discovered in the spare tire.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force operation. The OCDETF Strike Force Initiative 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 investigation was conducted by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Marshals Service, and the Arizona Department of Public Safety. Assistant United States Attorney David Petermann, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 23-00692-TUC-JCH
RELEASE NUMBER: 2024-073_Mendoza-Castro# # #
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 Recovers $3.6 Million in Restitution for Financial Crime VictimsRead the Press Release
PHOENIX, Ariz. – The U.S. Attorney’s Office for the District of Arizona has returned over $3.6 million in restitution to the victims of fraud perpetrated by Joseph Nicholas Gagliano.
Gagliano, an Arizona resident, was sentenced in October 2013 to 30 months in prison following his conviction on one count of Conspiracy to Commit Bank Fraud. U.S. v. Joseph Nicholas Gagliano, CR 12-00364-PHX-GMS. Gagliano obtained Small Business Administration (SBA)-backed loans and loan modifications by providing false information on the loan documents about his identity, assets, and liabilities. Gagliano defaulted on the loans, resulting in substantial losses to the lenders and the SBA. As part of his sentence, the court ordered Gagliano to pay over $3.6 million in restitution.
After identifying Gagliano’s commercial dealings and assets, the U.S. Attorney’s Office pursued enforcement using its statutory judgment collection tools. Due to those efforts, Gagliano agreed to a payment agreement and the Office collected Gagliano’s restitution obligation in full. As a result, Gagliano’s crime victims, including the taxpayer supported SBA, have received full compensation for the harm caused by Gagliano’s scheme.
This debt was collected by the U.S. Attorney’s Office Financial Litigation Program (“FLP”). The FLP is responsible for collecting criminal monetary penalties, including fines and restitution, owed to federal crime victims. The FLP works to identify debtors’ assets and income and uses both federal and state law remedies to enforce collection from debtors’ non-exempt property.
Assistant U.S. Attorney Kevin Rapp, District of Arizona, Phoenix, handled the prosecution and Assistant U.S. Attorney Vincent Creta, District of Arizona, Phoenix, handled the financial litigation.
CASE NUMBER: CR 12-00364-PHX-GMS
RELEASE NUMBER: 2024-072-Gagliano# # #
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 U.S. Soldier Turned Foreign Fighter Extradited from Ukraine to the United States for 2018 Double Homicide, Armed Robbery, Immigration Document Offenses, Aggravated Identity Theft, and Other ChargesRead the Press Release
A U.S. citizen will make his initial appearance in Fort Myers, Florida, today at 2 p.m. EDT following his extradition from Ukraine to the United States to face numerous charges in three federal districts relating to double homicide, armed robbery, false statements in a passport application, aggravated identity theft, and misuse of a passport in violation of conditions and restrictions, among other charges.
Craig Austin Lang, 34, of Surprise, Arizona, faces criminal charges in the Middle District of Florida, the Eastern District of North Carolina, and the District of Arizona.
“As alleged in the indictments, Craig Austin Lang went on an international crime spree that included a double murder in Florida, attempts to travel internationally to engage in other acts of violence outside the United States, and a plot to evade law enforcement detection by trading guns, a grenade, and cash to use another person’s identifying information to apply for a U.S. passport under an assumed name,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Lang’s alleged conduct is shocking in its scope and its callous disregard for human life. His wrongdoing, however, was no match for the efforts of dedicated law enforcement personnel and prosecutors in the United States and abroad to investigate, locate, arrest, and extradite Lang so he would face justice before courts in the United States.”
“The alleged conduct of Craig Austin Lang, which includes homicide and armed robbery, will not be tolerated by the FBI,” said Executive Assistant Director Timothy Langan of the FBI’s Criminal, Cyber, Response, and Services Branch. “Individuals that engage in such activity must face the consequences of their actions. We would like to thank our partner law enforcement agencies for their efforts in ensuring that criminals face justice. If you cause harm to the American public, we will relentlessly pursue you even if you are located beyond our borders.”
Middle District of Florida
According to the superseding indictment returned in the Middle District of Florida in December 2019 and other court documents, Lang and a co-defendant, Alex Jared Zwiefelhofer, 27, of Bloomer, Wisconsin, allegedly murdered a couple from Brooksville, Florida, in 2018.
In 2017, Lang and Zwiefelhofer, both former soldiers in the U.S. Army, met in Ukraine, where Zwiefelhofer claimed they were both members of a volunteer battalion fighting Russian separatists. The pair allegedly also traveled to Kenya, where Zwiefelhofer claimed they intended to fight against terrorists, before attempting to enter South Sudan. They were allegedly detained by authorities in South Sudan and deported back to the United States, where they met up in Florida in April 2018.
The superseding indictment alleges that the Brooksville couple planned to purchase firearms that Lang and Zwiefelhofer had listed for sale on a website called “ARMSLIST.” Lang and Zwiefelhofer allegedly killed the couple in the course of an armed robbery to steal the $3,000 that the couple intended to use to buy the firearms. Lang and Zwiefelhofer allegedly robbed the victims to pay for travel to Venezuela, where the defendants planned to fight the Venezuelan regime.
Lang and Zwiefelhofer are charged with violating the Neutrality Act, conspiracy to kill, kidnap, or maim persons in a foreign country, conspiracy to interfere with commerce by robbery, and conspiracy to discharge a firearm during and in relation to a crime of violence, as well as interference with commerce by robbery and use of a firearm during and in relation to a crime of violence causing death. If convicted on all counts, Lang and Zwiefelhofer face a maximum penalty of life in prison.
On March 8, a federal jury convicted Zwiefelhofer on all of the above charges. Zwiefelhofer is scheduled to be sentenced on Aug. 6.
The FBI and Lee County Sheriff’s Office are investigating this case.
Assistant U.S. Attorneys Jesus M. Casas and Michael V. Leeman for the Middle District of Florida are prosecuting this case.
Eastern District of North Carolina
According to the indictment returned in the Eastern District of North Carolina in August 2019, Lang and his co-conspirators allegedly took various actions in September 2018 to evade law enforcement detection and minimize scrutiny when travelling internationally. They allegedly devised a plan to provide two co-conspirators’ identity documents to Lang and a fourth co-conspirator, Matthew Scott McCloud, for the purpose of applying for U.S. passports under assumed names. While in North Carolina, Lang allegedly submitted a U.S. passport application in the assumed name of one of his co-conspirators, Dameon Shae Adcock. Approximately two days later, Lang allegedly gave Adcock a suitcase containing multiple firearms, a military smoke grenade, and approximately $1,500 in cash as payment for use of Adcock’s personal information. Several days later, Lang and McCloud, who had applied for a U.S. passport using the identity of co-conspirator Jordan Dean Miller, allegedly acquired airline tickets to travel from Georgia to New York and then on to Ukraine.
“The Diplomatic Security Service (DSS) is committed to working with the U.S. Attorney’s Office and other law enforcement agencies around the world to investigate and prosecute all allegations of criminal activity related to identity theft,” said Assistant Director Andrew Wroblewski of DSS Domestic Operations. “The strong relationship we enjoy with our domestic and overseas law enforcement partners is vital towards ensuring the integrity of U.S. travel documents and protecting greater U.S. interests.”
Lang was charged with conspiracy to commit passport fraud and aggravated identify theft, passport fraud, aggravated identity theft, fraud, and misuse of visas, permits, and other documents, and aiding and abetting these offenses, as well as false representation of a social security account number. Adcock, Miller, and McCloud were also charged in connection with the criminal scheme. If convicted, Lang faces a maximum penalty of 25 years in prison on the fraud and misuse of visas, permits, and other documents charge.
Adcock pleaded guilty in November 2019 and was sentenced in September 2020 to two years and eight months in prison. McCloud pleaded guilty in April 2020 and was sentenced in July 2020 to time served. Miller pleaded guilty and was sentenced in May 2020 to one year of probation.
The DSS is investigating this case.
Assistant U.S. Attorney Gabe Diaz for the Eastern District of North Carolina is prosecuting this case.
District of Arizona
The indictment returned in the District of Arizona in June 2019 charges Lang with misuse of a passport for allegedly presenting a U.S. passport to Mexican authorities to obtain a Mexican visa, which was in violation of the conditions and restrictions contained on the passport. If convicted, Lang faces a maximum penalty of 10 years in prison, or more under certain aggravating circumstances.
The FBI is investigating this case.
Trial Attorney and Co-Director of Joint Task Force Alpha James Hepburn and Trial Attorney and Director of the War Crimes Accountability Team Christian Levesque of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Bridget Minder for the District of Arizona are prosecuting the case.
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Lang’s extradition from Ukraine occurred after the European Court of Human Rights recently rejected his claim challenging extradition under the European Convention on Human Rights.
U.S. Attorney Roger B. Handberg for the Middle District of Florida, U.S. Attorney Michael F. Easley for the Eastern District of North Carolina, and U.S. Attorney Gary M. Restaino for the District of Arizona joined in the announcement.
The FBI escorted Lang from Ukraine to the United States. The Justice Department’s Office of International Affairs and the FBI Tampa Field Office Fort Myers Resident Agency provided significant assistance in securing the arrest, extradition, and removal of Lang to the United States. The United States also thanks Ukrainian authorities for their valuable assistance.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
South Carolina Man Sentenced to 27 Years in Prison for Transporting Arizona Minor with Intent to Engage in Illicit Sexual ConductRead the Press Release
TUCSON, Ariz. – Timothy Mikell Schultheis, 26, of Hilton Head, South Carolina, was sentenced on Tuesday by United States District Judge Rosemary Márquez to 27 years in prison, followed by lifetime supervised release. Schultheis also will have to register as a sex offender. Schultheis pleaded guilty to Transportation of a Minor with Intent to Engage in Criminal Sexual Activity on January 10, 2024.
Schultheis, aka Jackson Oden, transported a 12-year-old minor, from Arizona to South Carolina, with the intent to engage in sexual activity. After using social media to meet and groom the minor, Schultheis drove from South Carolina to Safford to pick up the minor and drive her back to his South Carolina residence. The investigation revealed Facebook communications between the minor and then-24-year-old Schultheis, which included his travel plans and detailed his intention to participate in sexual conduct with her. When Schultheis was arrested at his apartment in South Carolina on March 30, 2022, the minor was found inside.
“Our efforts to protect the public start with safeguarding our youth from predators on social media” said United States Attorney Gary Restaino. “Defendant will have a long time in custody to reflect on his crimes, and upon release decades from now, his supervised release conditions will restrict his use of smart phones and encryption technology to further protect the community.”
“This sentencing puts a stop to Timothy Schulthies and his repeated offenses. He can no longer hurt children or their families across the country,” said FBI Phoenix Special Agent in Charge Akil Davis. “This case demonstrates the FBI’s commitment to follow the evidence wherever it leads. We will use all tools available to bring to justice those who seek to harm children. We are extremely grateful for the swift actions of our law enforcement partners who worked nonstop to locate and apprehend Schultheis.”
Schultheis had been previously arrested and released by South Carolina authorities for similar conduct involving a different 12-year-old and was wearing an ankle monitor at the time of his offense in this case. The plea agreement in this case required that Schultheis plead guilty to the South Carolina charges of Criminal Sexual Conduct with a Minor and Contributing to the Delinquency of a Minor.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.projectsafechildhood.gov.
The Federal Bureau of Investigation in Sierra Vista and the Graham County Sheriff’s Office conducted the investigation in this case. Assistant U.S. Attorney Carin Duryee, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-00973-TUC-RM
RELEASE NUMBER: 2024-071_Schultheis# # #
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 Offender Convicted on Sex Trafficking ChargesRead the Press Release
TUCSON, Ariz. – Maurice Fitzgerald Alexander, Jr., 33, of Memphis, Tennessee, was convicted last week by a federal jury of various counts involving Sex Trafficking of a Minor by Force, Fraud, or Coercion; Conspiracy to Commit Sex Trafficking of a Minor Using Force, Fraud, or Coercion; Transportation with Intent to Engage in Criminal Sexual Activity; and Production of Child Pornography. Alexander also faces an additional 10 years in prison, which must run consecutively to any other sentence of imprisonment, for committing these offenses while being required to register as a sex offender.
The guilty verdicts came after a three-day trial before United States District Judge James A. Soto. Alexander’s sentencing is set for August 14, 2024.
On October 4, 2021, officers from the Tucson Police Department responded to a 911 call from the victim and learned she had possibly been trafficked for the purpose of sexual exploitation. The investigation determined Alexander trafficked the victim, who was 14 years old at the time, through Arizona, New Mexico, Texas, and Colorado between August 19, 2021, and October 4, 2021. Homeland Security Investigations Special Agents and Task Force Officers later arrested Alexander in Tucson on October 21, 2021. In addition, a review of Alexander’s cellular phone showed that Alexander also forced the minor victim to create photos and videos depicting sexually explicit conduct that were later used in advertisements on social media and various other websites commonly used for prostitution.
A conviction for Sex Trafficking of a Minor by Force, Fraud, or Coercion carries a maximum penalty of up to life in prison, but no less than 15 years. A conviction for Conspiracy to Commit Sex Trafficking of a Minor Using Force, Fraud, or Coercion carries a maximum penalty of up to life in prison. Transportation with Intent to Engage in Criminal Sexual Activity carries a maximum penalty of up to life in prison, but no less than 10 years. A conviction for Production of Child Pornography carries a maximum penalty of up to 30 years in prison, but no less than 15 years.
This case was a joint investigation between the Tucson Police Department and Homeland Security Investigations. Assistant United States Attorneys Nathaniel J. Walters and Monica E. Ryan, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-02972-JAS-EJM
RELEASE NUMBER: 2024-070_Alexander# # #
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.Honduras-Based Leader of Migrant Smuggling Organization SentencedRead the Press Release
The leader of a migrant smuggling organization was sentenced today to 10 years in prison for her role in smuggling over 100 migrants from Honduras to the United States for profit.
“Today’s sentencing is the latest example of the great work of Joint Task Force Alpha (JTFA), which we launched nearly three years ago to hold accountable the most prolific and dangerous human smuggling groups, and which has obtained more than 240 convictions to date,” said Attorney General Merrick B. Garland. “This defendant exploited vulnerable migrants for her own profit, risking their lives and our national security in the process. Together with our partners across the federal government, the Justice Department will continue our efforts to dismantle and disrupt human smuggling networks like those the defendant operated.”
“Today’s sentencing again highlights the extraordinary work being done by our Homeland Security Investigations (HSI) and U.S. Customs and Border Protection personnel who, day in and day out, are relentless in their mission to disrupt and dismantle dangerous smuggling operations and to secure our border,” said Secretary of Homeland Security Alejandro N. Mayorkas. “This sentencing is a testament to the partnership and collaboration this Administration has strengthened across the federal enterprise, and with our allies in countries such as Honduras and Mexico, to crack down on criminal organizations. We will continue our work alongside our federal, state, and local partners to attack the ruthless smuggling operations that prey on the vulnerable and cause so much death and trauma.”
“Cooperation and collaboration are key tools in protecting America from the reach of international human smuggling organizations,” said U.S. Attorney Gary Restaino for the District of Arizona. “We thank Honduras for its willingness to extradite, the various local agencies who interdicted migrants and helped us make the connection to a larger organization, and all of the JTFA partners for dismantling a smuggling network.”
According to court documents, Maria Mendoza-Mendoza, also known as La Guera, 52, of Honduras, coordinated the movement of migrants from Honduras to the U.S.-Mexico border and to stash houses operated in Phoenix, Arizona, where the migrants would be detained until their smuggling fees were paid. The smuggling organization utilized funnel accounts to collect millions of dollars in smuggling fees. Mendoza-Mendoza exercised her authority within the organization to assess punitive sanctions—she threatened to “bleed out” a guide as punishment and demanded that a migrant whose family did not pay his smuggling fee be thrown “back in the desert.”
“Human smuggling is an insidious crime and one that this defendant participated in over 100 times—all for profit,” said Special Agent in Charge Fransisco B. Burrola of HSI Arizona. “Human smugglers do nothing but prey on vulnerable people who at times pay with their lives while crossing the border. Smugglers endanger and exploit people by using dangerous networks that threaten the safety of our communities and our national security; HSI is committed to combatting this type of cross border crime along with our partner law enforcement agencies. Let this sentencing serve as a warning to other smugglers contemplating their continued participation—prison awaits you.”
Mendoza-Mendoza was indicted in January 2018 and extradited from Honduras to the United States in June 2023. Mendoza-Mendoza pleaded guilty on Jan. 24 to conspiracy to transport illegal aliens for profit.
This prosecution resulted from the coordinated efforts of JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, 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. Since its creation in June 2021, JTFA has achieved significant results, including 305 arrests, including against leaders, organizers, and significant facilitators; 242 U.S. convictions; 175 U.S. defendants sentenced, including significant jail sentences imposed; substantial seizures and forfeiture of assets and contraband, including hundreds of thousands of dollars in cash, real property, vehicles, firearms and ammunition, and drugs; multiple indictments and successful extradition requests against foreign leadership targets.
HSI Sells Office investigated the case, with significant assistance from the U.S. Border Patrol’s Tucson Sector and numerous state and local law enforcement agencies throughout the country. The Justice Department’s Office of International Affairs worked with law enforcement partners in Honduras to secure the arrest and extradition of Mendoza-Mendoza. The U.S. Marshals Service assisted with the extradition efforts.
The U.S. Attorney’s Office for District of Arizona prosecuted the case.
Honduras-Based Leader of Alien Smuggling Organization Sentenced to 120 Months in PrisonRead the Press Release
TUCSON, Ariz. – Maria Mendoza-Mendoza aka “La Guera”, 52, of Honduras, was sentenced today by United States District Judge Raner C. Collins to 120 months in prison, followed by three years of supervised release. Mendoza-Mendoza pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit.
“Today’s sentencing is the latest example of the great work of Joint Task Force Alpha, which we launched nearly three years ago to hold accountable the most prolific and dangerous human smuggling groups, and which has obtained more than 240 convictions to date,” said Attorney General Merrick B. Garland. “This defendant exploited vulnerable migrants for her own profit, risking their lives and our national security in the process. Together with our partners across the federal government, the Justice Department will continue our efforts to dismantle and disrupt human smuggling networks like those the defendant operated.”
“Cooperation and collaboration are key tools in protecting America from the reach of international human smuggling organizations,” said United States Attorney Gary Restaino. “We thank Honduras for its willingness to extradite, the various local agencies who interdicted migrants and helped us make the connection to a larger organization, and all of the Joint Task Force Alpha partners for dismantling a smuggling network.”
“Human smuggling is an insidious crime and one that this defendant participated in over 100 times – all for profit,” said Fransisco B. Burrola, special agent in charge for HSI Arizona. “Human smugglers do nothing but prey on vulnerable people who at times pay with their lives while crossing the border. Smugglers endanger and exploit people by using dangerous networks that threaten the safety of our communities and our national security; HSI is committed to combatting this type of cross border crime along with our partner law enforcement agencies. Let this sentencing serve as a warning to other smugglers contemplating their continued participation – prison awaits you.”
Mendoza-Mendoza was the leader of a smuggling organization that smuggled over 100 migrants from Honduras to the United States. As the leader, she coordinated the movement of migrants from Honduras to the United States/Mexico border and to stash houses operated in Phoenix, Arizona, where the migrants would be detained until their smuggling fees were paid. The organization utilized funnel accounts to collect millions of dollars in smuggling fees. Mendoza-Mendoza exercised her authority within the organization to assess punitive sanctions—she threatened to “bleed out” a guide as punishment and demanded that a migrant whose family did not pay his smuggling fee be thrown “back in the desert.”
Mendoza-Mendoza was indicted in January 2018 and extradited from Honduras to the United States in June 2023. In determining Mendoza-Mendoza’s sentence, Judge Collins found that the conspiracy involved several aggravating factors, including smuggling unaccompanied minors, possession of a firearm, intentionally or recklessly creating a substantial risk of death, and detaining migrants through coercion or threat in connection with a demand for payment.
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. Since its creation in June 2021, JTFA has achieved significant results, including 305 arrests, including against leaders, organizers, and significant facilitators; 242 U.S. convictions; 175 U.S. defendants sentenced, including significant jail sentences imposed; substantial seizures and forfeiture of assets and contraband, including hundreds of thousands of dollars in cash, real property, vehicles, firearms and ammunition, and drugs; multiple indictments and successful extradition requests against foreign leadership targets.
Homeland Security Investigations – Sells Office conducted the investigation in this case, with significant assistance from Customs and Border Protection’s United States Border Patrol’s Tucson Sector, and numerous state and local law enforcement agencies throughout the country. The United States Marshals Service assisted with the extradition efforts. The Justice Department’s Office of International Affairs worked with law enforcement partners in Honduras to secure the arrest and extradition of Mendoza-Mendoza. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-18-0078-TUC-RCC
RELEASE NUMBER: 2024-069_Mendoza-Mendoza# # #
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.Fentanyl Trafficker Sentenced to Seven Years in PrisonRead the Press Release
PHOENIX, Ariz. – Angel Valencia-Avendano, 20, of Los Mochis, Sinaloa, was sentenced last week by United States Chief District Judge G. Murray Snow to 84 months in prison. Valencia-Avendano pleaded guilty to Possession with Intent to Distribute Fentanyl.
On March 6, 2023, Valencia-Avendano was arrested and charged with fentanyl trafficking. On that day, investigators were conducting surveillance in Phoenix near 78th Avenue and west McDowell Road. Valencia-Avendano was pulled over for a traffic violation and the vehicle was searched. In the duffle bag in the back of the car investigators found approximately 27 kilograms of pills containing fentanyl (approximately 280,000 pills). Investigators later searched Valencia-Avendano’s apartment, where they located a handgun, another 3 kilograms of fentanyl, as well as drug ledgers, and $83,500 in cash. Both the handgun and the cash were forfeited to the United States.
The United States Drug Enforcement Administration conducted the investigation in this case. Assistant U.S. Attorney Ryan McCarthy, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-23-00397-PHX-GMS
RELEASE NUMBER: 2024-068_Valencia-Avendano# # #
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.Stalker Arrested for Cyberstalking and Transmitting Interstate Threats to University of Arizona StudentRead the Press Release
TUCSON, Ariz. – Caleb Alfred Tifft, 29, of Tucson, was arrested on May 8, 2024, on a federal indictment warrant by the Federal Bureau of Investigation’s Southern Arizona Violent Crime and Gang Task Force on charges of Cyberstalking and Transmitting Interstate Threats, for stalking and threatening a student at the University of Arizona.
On February 7, 2024, Tifft is alleged to have transmitted a threat in interstate commerce when he sent a message via Facebook Messenger to the victim, stating “Think I’ll just go rape and kill a girl at this point. I give up. I’m the bad guy.” The next day, Tifft was served with an Injunction Against Harassment, which prohibited contact with the victim. Tifft was also served with a 12-month Exclusionary Order from all University of Arizona properties.
Tifft continued to cyberstalk the victim when on March 1, 2024, he made an anonymous 911 call to the Pima County Sherriff’s Department (PCSD), stating that his friend had sent him a message that the friend was going to commit a mass shooting and that the friend was at the “[specific University of Arizona] building.” The call to PCSD was disconnected before it was able to be transferred to the University of Arizona Police Department (UAPD). However, PCSD provided the phone number to UAPD and UAPD recognized that the phone number belonged to Tifft.
Later that day, UAPD received a call from a Tucson Police Department dispatcher who transferred a 911 caller. A male caller, later identified as Tifft, told the UAPD dispatcher he was calling because a friend of his “sent some threatening messages about wanting to commit a mass shooting.” Tifft said the friend was “[the victim]” and confirmed the victim was at the “[specific University of Arizona] building.” The call was then disconnected. A UAPD officer familiar with Tifft from having interacted with him previously listened to the recorded call and determined the voice matched Tifft’s. The telephone number associated with the call was the same number used to contact the PCSD. Tifft turned himself in to the FBI on an indictment warrant.
A conviction for Cyberstalking and Transmitting Interstate Threats each 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.
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 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-24-02373-TUC-SHR
RELEASE NUMBER: 2024-067_Tifft# # #
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 Arizona Licensed Insurance Agent Sentenced to Prison for Defrauding Elderly ClientsRead the Press Release
TUCSON, Ariz. – Victoria Totten, 72, of Green Valley, was sentenced on Tuesday by United States District Judge Jennifer G. Zipps to 21 months in prison. Totten pleaded guilty to Mail Fraud on November 8, 2023.
For years, Totten defrauded many of her elderly clients while working as a licensed insurance agent. Totten fraudulently over-collected insurance premium payments by falsely representing the terms of the insurance policies to her clients. Totten falsely claimed that payments should be made in advance to lock in a lower rate. After receiving the funds, instead of transmitting the victims’ premium payments directly to the insurance companies, Totten misused large portions of the victims’ money for her own personal gain and to pay insurance premiums for other clients. To disguise her scheme, Totten used her P.O. box on insurance paperwork so correspondence from insurance companies went to Totten instead of the victims. As part of Totten’s sentence, the court ordered her to pay $114,781 in restitution.
The United States Secret Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-23-00282-JGZ
RELEASE NUMBER: 2024-066_Totten# # #
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. Department of Justice Honors Two Federal Agents from Arizona During Police WeekRead the Press Release
U.S. Attorney’s Office honors fallen heroes Internal Revenue Service Special Agent Patrick Bauer and United States Border Patrol Agent Freddy Ortiz
PHOENIX, Ariz.— In honor of National Police Week, the Department of Justice will recognize the service and sacrifice of federal, state, local, and Tribal law enforcement. The week will be observed Saturday, May 11 through Friday, May 17, 2024.
“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland. “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most. Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them. The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”
“We need to carry forward the memories and legacies of our fallen colleagues,” said Gary Restaino, the United States Attorney for the District of Arizona. “Border Patrol Agent Ortiz, a Navy veteran, was vigilant in protecting our border at the Douglas Station. Special Agent Bauer, a veteran of the Arizona Air National Guard, worked to dismantle command and control of criminal organizations throughout his career with Internal Revenue Service, Criminal Investigations. Their names will shine eternally, etched in stone on the National Law Enforcement Officers Memorial in Washington, and also here in Phoenix at the State Capitol.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which falls on May 15 every year, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe.
On Monday, May 13, the names of more than 280 officers killed in the line of duty in 2024 who have been added to the wall at the National Law Enforcement Officers Memorial were read during a candlelight vigil. To view a recording of the livestream of this event, visit https://nleomf.org/memorial/programs/national-police-week-2024/candlelight-vigil/.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
RELEASE NUMBER: 2024-065_Police Week
# # #
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.Oro Valley Man Indicted for Assaulting a Border Patrol Agent with a FirearmRead the Press Release
TUCSON, Ariz. – Erik Alberto Beal, 26, of Oro Valley, was indicted by a federal grand jury in Tucson on May 1, 2024, on two counts of Assault of a Federal Officer with a Dangerous Weapon, that is, a Firearm, and Brandishing a Firearm During a Crime of Violence.
The indictment alleges that, on April 11, 2024, in Nogales, Arizona, Beal assaulted a United States Border Patrol Agent with a firearm while the agent was on duty. Border Patrol agents were working near the United States-Mexico Border when a subject jumped the International Boundary Fence and ran onto a nearby property. The victim agent ran in search of the suspected undocumented non-citizen. During the search, Beal came out of a residence adjacent to the border fence and confronted the agent. Beal pointed his firearm, a Sig Sauer, Model P250, .45 caliber pistol, at the victim agent before eventually being subdued and arrested.
A conviction for Assault of a Federal Officer with a Dangerous Weapon carries a maximum penalty of 20 years in prison, a $250,000 fine, or both. A conviction for Brandishing a Firearm During a Crime of Violence carries a mandatory minimum sentence of seven years up to life imprisonment, a fine of $250,000 or both.
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, with the assistance of United States Customs and Border Protection’s Office of Professional Responsibility, is conducting the investigation in this case. Assistant U.S. Attorney Serra M. Tsethlikai, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-24-02352-TUC-SHR
RELEASE NUMBER: 2024-064_Beal# # #
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.Charges and Seizures Brought in Fraud Scheme, Aimed at Denying Revenue for Workers Associated with North KoreaRead the Press Release
The Justice Department unsealed charges, seizures, and other court-authorized actions to disrupt the illicit revenue generation efforts of the Democratic People’s Republic of Korea (DPRK or North Korea).
The charges include prosecutions of an Arizona woman, Ukrainian man, and three unidentified foreign nationals who allegedly participated in schemes to place overseas information technology (IT) workers—posing as U.S. citizens and residents—in remote positions at U.S. companies.
As alleged in the court documents, DPRK has dispatched thousands of skilled IT workers around the world, who used stolen or borrowed U.S. persons’ identities to pose as domestic workers, infiltrate domestic companies’ networks, and raise revenue for North Korea. The schemes described in court documents involved defrauding over 300 U.S. companies using U.S. payment platforms and online job site accounts, proxy computers located in the United States, and witting and unwitting U.S. persons and entities. This announcement includes the largest case ever charged by the Justice Department involving this type of IT workers’ scheme.
Two criminal prosecutions brought by the U.S. Attorney’s Office for the District of Columbia, one in partnership with the Computer Crime and Intellectual Property Section of the Justice Department’s Criminal Division, were unsealed today. As part of the prosecutions, two defendants have been arrested and related seizures and search warrants have been executed in Washington, D.C., and other jurisdictions. The investigations were led by the FBI Phoenix and New York Field Offices and IRS Criminal Investigation (IRS-CI), and coordinated with five other FBI field offices and four other U.S. Attorneys’ Offices, producing arrests in the United States and Poland, the execution of five premises search warrants, and the seizure of illicitly obtained wages and a website domain.
“As alleged in the indictment, Chapman and her co-conspirators committed fraud and stole the identities of American citizens to enable individuals based overseas to pose as domestic, remote IT workers,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The charges in this case should be a wakeup call for American companies and government agencies that employ remote IT workers. These crimes benefitted the North Korean government, giving it a revenue stream and, in some instances, proprietary information stolen by the co-conspirators. The Criminal Division remains firm in its commitment to prosecute complex criminal schemes like this one.”
“Today’s announcement of charges and law enforcement action show our broad approach to attacking funding sources for North Korea across the United States,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We will continue to vigorously pursue cases against individuals, in the United States and abroad, that use U.S. financial systems to raise revenue for North Korea.”
“On the surface, today’s allegations of wire fraud, identity theft, and money laundering may read like a typical white collar or economic crime scheme,” said Assistant Director Kevin Vorndran of the FBI’s Counterintelligence Division. “But what these allegations truly represent is a new high-tech campaign to evade U.S. sanctions, victimize U.S. businesses, and steal U.S. identities. The charges clearly demonstrate how the FBI and its partners will employ every resource at our disposal to bring to justice anyone who helps North Korea evade sanctions.”
An indictment was unsealed today in the District of Columbia against U.S. citizen Christina Marie Chapman, 49, of Litchfield Park, Arizona, related to her participation in a scheme to assist overseas IT workers—posing as U.S. citizens and residents—in working at more than 300 U.S. companies in remote IT positions. Chapman was arrested yesterday in Litchfield Park, Arizona.
As alleged in the indictment, Chapman and her co-conspirators’ scheme defrauded U.S. companies across myriad industries, including multiple well-known Fortune 500 companies, U.S. banks, and other financial service providers. The identities of more than 60 U.S. persons were compromised and used by IT workers related to Chapman’s cell.
In addition to Chapman, the indictment charged three foreign nationals with money laundering for their participation in the scheme. As alleged in the indictment, the department seized wages earned by more than 19 overseas IT workers and will seek forfeiture of the same.
Additionally, a criminal complaint was unsealed today in the District of Columbia charging Ukrainian national Oleksandr Didenko, 27, of Kyiv, with a separate years-long scheme to create fake accounts at U.S. IT job search platforms and with U.S.-based money service transmitters.
As alleged in the complaint, Didenko sold the accounts to overseas IT workers, some of whom he believed were North Korean, and the overseas IT workers used the false identities to apply for jobs with unsuspecting companies. Several U.S. persons had their identities used by IT workers related to Didenko’s cell, and evidence in the complaint showed that the overseas IT workers using Didenko’s services were also working with Chapman. Polish authorities arrested Didenko on May 6 at the request of the United States, which is seeking Didenko’s extradition from Poland.
Didenko’s company’s online domain, upworksell.com, was also seized today by the Justice Department pursuant to a court order, and all traffic diverted to the FBI.
Related to the above schemes, the FBI executed search warrants for U.S. based “laptop farms,” residences that hosted multiple laptops for overseas IT workers, wherein U.S.-based facilitators logged onto U.S. company computer networks and then allowed the overseas IT workers to remotely access those laptops through various software applications. The overseas IT workers used the laptop farms’ U.S. Internet Protocol addresses to make it appear as though they were operating inside the United States. Chapman’s residence was searched in October 2023 pursuant to a search warrant issued in the District of Arizona, resulting in evidence that is reflected in the indictment. Search warrants for four U.S. residences associated with laptop farms controlled by Didenko were issued in the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, and executed between May 8 and May 10.
Concurrent with today’s announcement, the U.S. Department of State announced a reward of up to $5 million for information related to Chapman’s coconspirators: John Doe 1, alias Jiho Han; John Doe 2, alias Haoran Xu; John Doe 3, alias Chunji Jin; and an unindicted coconspirator utilizing aliases “Zhonghua” and “Venechor S.”
Chapman Indictment, Money Seizures, and Premises Warrant
According to the indictment, the overseas IT workers associated with Chapman, many of whom were tied to North Korea, posed as U.S. citizens using the stolen, false, or borrowed identities of U.S. nationals, and applied for positions at U.S companies, causing the transmission of false documentation to the U.S. Department of Homeland Security (DHS). The overseas IT workers gained employment at U.S. companies, including at a top-five major television network, a Silicon Valley technology company, an aerospace manufacturer, an American car manufacturer, a luxury retail store, and a U.S.-hallmark media and entertainment company, all of which were Fortune 500 companies. Some of these companies were purposely targeted by a group of DPRK IT workers, who maintained postings for companies at which they wanted to insert IT workers.
Chapman ran a “laptop farm,” hosting the overseas IT workers’ computers inside her home so it appeared that the computers were located in the United States, and also received and forged payroll checks and received direct deposits of the overseas IT workers’ wages from the U.S. companies into her U.S. financial accounts. The overseas IT workers also attempted to gain employment and access to information at two different U.S. government agencies on three different occasions, although these efforts were generally unsuccessful. The overseas IT workers associated with Chapman’s cell were paid millions for their work, much of which has been falsely reported to the IRS and the Social Security Administration in the name of the actual U.S. persons whose identities were stolen or borrowed. Chapman also allegedly conspired with the John Doe defendants to commit money laundering by conducting financial transactions under aliases to receive money generated by the scheme and transfer those funds outside of the United States, in an attempt to hide that these were proceeds of the IT workers’ fraud.
Chapman and her co-conspirators allegedly compromised more than 60 identities of U.S. persons, impacted more than 300 U.S. companies, caused false information to be conveyed to DHS on more than 100 occasions, created false tax liabilities for more than 35 U.S. persons, and resulted in at least $6.8 million of revenue to be generated for the overseas IT workers. The department seized funds related to scheme from Chapman as well as wages and monies accrued by more than 19 overseas IT workers.
“Using the stolen identities of U.S. citizens is a crime by itself, but when you use those identities to procure employment for foreign nationals with ties to North Korea at hundreds of U.S. companies, you have compromised the national security of an entire nation,” said Chief Guy Ficco of IRS-CI. “For more than 100 years, IRS Criminal Investigation special agents have been following the money, and their financial expertise has once again stopped criminals in their tracks.”
Chapman is charged with conspiracy to defraud the United States, conspiracy to commit wire fraud, conspiracy to commit bank fraud, aggravated identity theft, conspiracy to commit identity fraud, conspiracy to launder monetary instruments, operating as an unlicensed money transmitting business, and unlawful employment of aliens. The John Does are charged with conspiracy to commit money laundering. If convicted, Chapman faces a maximum penalty of 97.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count, and the John Does face a maximum penalty of 20 years in prison.
The FBI Phoenix Field Office and IRS-CI Phoenix Field Office are investigating this case, with assistance from the FBI Chicago Field Office.
Assistant U.S. Attorney Karen P. Seifert for the District of Columbia and Trial Attorney Ashley R. Pungello of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting this case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas. The U.S. Attorney’s Office for the District of Arizona and Trial Attorney Gregory Nicosia of the National Security Division’s National Security Cyber Section also provided valuable assistance.
Didenko Complaint, Domain Seizure, and Premises Warrants
According to the criminal complaint, Didenko allegedly engaged in a multi-year scheme to create accounts at U.S.-based freelance IT job search platforms and with U.S. money service transmitters in the names of false identities, including identities of U.S. persons, and sold these accounts to overseas IT workers. Didenko ran a website, upworksell.com, which advertised creating, buying, and renting accounts at U.S. websites using false identities, and also advertised “Credit Card Rental” in the European Union and the United States and SIM card rental for cellular phones. Didenko allegedly offered a full array of services to allow an individual to pose under a false identity and market themselves for remote IT work with unsuspecting companies. As stated, Didenko’s domain was seized as part of the case.
According to the affidavit in support of the complaint, Didenko is alleged to have managed as many as approximately 871 “proxy” identities, provided proxy accounts for three freelance U.S. IT hiring platforms, and provided proxy accounts for three different U.S.-based money service transmitters. In coordination with his co-conspirators, Didenko facilitated the operation of at least three U.S.-based laptop farms, at one point hosting approximately 79 computers. Didenko sent or received $920,000 in U.S. dollar payments since July 2018.
Didenko acknowledged in messages that he believed he was assisting North Korean IT workers. One of Didenko’s overseas IT worker customers also requested that a laptop be sent from one of Didenko’s U.S. laptop farms to Chapman’s laptop farm, showing the interconnectivity of these cells within the DPRK overseas IT worker network. Search warrants of Didenko’s laptop farms were executed in early May.
If convicted, Didenko faces a maximum penalty of 67.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count.
The FBI New York Field Office is investigating this case. The FBI Norfolk and San Diego Field Offices and the Jefferson City, Tennessee, Resident Agency provided assistance in executing search warrants.
Assistant U.S. Attorneys Karen P. Seifert and Steven Wasserman for the District of Columbia are prosecuting the case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas and the U.S. Attorney’s Office for the District of Columbia. The U.S. Attorney’s Offices for the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, Justice Department’s Office of International Affairs, and Trial Attorney Jacques-Singer Emory of the National Security Division’s National Security Cyber Section provided valuable assistance as well.
***
The FBI, along with the Departments of State and Treasury, issued a May 2022 advisory to alert the international community, private sector, and public about the North Korea IT worker threat. Updated guidance was issued in October 2023 by the United States and the Republic of Korea (South Korea), which includes indicators to watch for that are consistent with North Korea IT worker fraud.
An indictment and a criminal complaint are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Charges and Seizures Brought in Fraud Scheme Aimed at Denying Revenue for Workers Associated with North KoreaRead the Press Release
WASHINGTON – The Justice Department unsealed charges, seizures, and other court-authorized actions to disrupt the illicit revenue generation efforts of the Democratic People’s Republic of Korea (DPRK or North Korea).
The charges include prosecutions of an Arizona woman, Ukrainian man, and three unidentified foreign nationals who allegedly participated in schemes to place overseas information technology (IT) workers—posing as U.S. citizens and residents—in remote positions at U.S. companies.
As alleged in the court documents, DPRK has dispatched thousands of skilled IT workers around the world, who used stolen or borrowed U.S. persons’ identities to pose as domestic workers, infiltrate domestic companies’ networks, and raise revenue for North Korea. The schemes described in court documents involved defrauding over 300 U.S. companies using U.S. payment platforms and online job site accounts, proxy computers located in the United States, and witting and unwitting U.S. persons and entities. This announcement includes the largest case ever charged by the Justice Department involving this type of IT workers’ scheme.
Two criminal prosecutions brought by the U.S. Attorney’s Office for the District of Columbia, one in partnership with the Computer Crime and Intellectual Property Section of the Justice Department’s Criminal Division, were unsealed today. As part of the prosecutions, two defendants have been arrested and related seizures and search warrants have been executed in Washington, D.C. and other jurisdictions. The investigations were led by the FBI Phoenix and New York Field Offices and IRS Criminal Investigations (IRS-CI), and coordinated with five other FBI field offices and four other U.S. Attorney’s Offices, producing arrests in the United States and Poland, the execution of five premises search warrants, and the seizure of illicitly obtained wages and a website domains.
“As alleged in the indictment, Chapman and her co-conspirators committed fraud and stole the identities of American citizens to enable individuals based overseas to pose as domestic, remote IT workers,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The charges in this case should be a wakeup call for American companies and government agencies that employ remote IT workers. These crimes are alleged to have benefitted the North Korean government. The Criminal Division remains firm in its commitment to prosecute complex criminal schemes like this one.”
“Today’s announcement of charges and law enforcement action show our broad approach to attacking funding sources for North Korea across the United States,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We will continue to vigorously pursue cases against individuals, in the United States and abroad, that use U.S. financial systems to raise revenue for North Korea.”
“On the surface, today’s allegations of wire fraud, identity theft, and money laundering may read like a typical white collar or economic crime scheme,” said Assistant Director Kevin Vorndran of the FBI’s Counterintelligence Division. “But what these allegations truly represent is a new high-tech campaign to evade U.S. sanctions, victimize U.S. businesses, and steal U.S. identities. The charges clearly demonstrate how the FBI and its partners will employ every resource at our disposal to bring to justice anyone who helps North Korea evade sanctions.”
“The FBI has long-stated that cybersecurity is national security and this case is living proof of that,” said FBI Special Agent in Charge Akil Davis of the Phoenix Field Office. “That a woman living her quiet life in the outskirts of Phoenix can allegedly get so entangled in something like this clearly indicates our adversaries are getting more sophisticated and stealthier, so it’s critical that businesses and citizens be hyper-vigilant with their cyber activities.”
“Today’s announcement exposes disturbing criminal ties to North Korea where fraudsters allegedly used stolen identities of U.S. citizens to infiltrate the U.S. job market as remote workers,” said IRS Criminal Investigation Acting Special Agent in Charge of the Phoenix Field Office Carissa Messick. “CI and our federal partners will remain vigilant in our efforts to expose criminal fraud schemes that jeopardize our national security.”
“Oleksandr Didenko allegedly owned and operated U.S.-based online infrastructure as well as fraudulent and stolen U.S. persons’ identities for use by Information Technology workers in North Korea in an effort to evade sanctions,” said FBI Assistant Director Smith of the New York Field Office. “The arrest of Didenko demonstrates the FBI’s commitment to protecting the United States from threats posed by a hostile foreign actors, specifically the government of the Democratic Peoples Republic of Korea. Didenko's arrest also sends a clear message to anyone who supports this type of brazen illegal activity the FBI and our global law enforcement partners will hold you accountable wherever you may be.”
An indictment was unsealed today in the District of Columbia against U.S. citizen Christina Marie Chapman, 49, of Litchfield Park, Arizona, related to her participation in a scheme to assist overseas IT workers—posing as U.S. citizens and residents—in working at more than 300 U.S. companies in remote IT positions. Chapman was arrested yesterday in Litchfield Park, Arizona.
As alleged in the indictment, Chapman and her co-conspirators’ scheme defrauded U.S. companies across myriad industries, including multiple well-known Fortune 500 companies, U.S. banks, and other financial service providers. The identities of more than 60 U.S. persons were compromised and used by IT workers related to Chapman’s cell.
In addition to Chapman, the indictment charged three foreign nationals with money laundering for their participation in the scheme. As alleged in the indictment, the department seized wages earned by more than 19 overseas IT workers and will seek forfeiture of the same.
Additionally, a criminal complaint was unsealed today in the District of Columbia charging Ukrainian national Oleksandr Didenko, 27, of Kyiv, with a separate years-long scheme to create fake accounts at U.S. IT job search platforms and with U.S.-based money service transmitters.
As alleged in the complaint, Didenko sold the accounts to overseas IT workers, some of whom he believed were North Korean, and the overseas IT workers used the false identities to apply for jobs with unsuspecting companies. Several U.S. persons had their identities used by IT workers related to Didenko’s cell, and evidence in the complaint showed that the overseas IT workers using Didenko’s services were also working with Chapman. Polish authorities arrested Didenko on May 6 at the request of the United States, which is seeking Didenko’s extradition from Poland.
Didenko’s company’s online domain, upworksell.com, was also seized today by the Justice Department pursuant to a court order, and all traffic diverted to the FBI.
Related to the above schemes, the FBI executed search warrants for U.S. based “laptop farms,” residences that hosted multiple laptops for overseas IT workers, wherein U.S.-based facilitators logged onto U.S. company computer networks and then allowed the overseas IT workers to remotely access those laptops through various software applications. The overseas IT workers used the laptop farms’ U.S. Internet Protocol addresses to make it appear as though they were operating inside the United States. Chapman’s residence was searched in October 2023 pursuant to a search warrant issued in the District of Arizona, resulting in evidence that is reflected in the indictment. Search warrants for four U.S. residences associated with laptop farms controlled by Didenko were issued in the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, and executed between May 8 and May 10.
Concurrent with today’s announcement, the U.S. Department of State announced a reward of up to $5 million for information related to Chapman’s coconspirators: John Doe 1, alias Jiho Han; John Doe 2, alias Haoran Xu; John Doe 3, alias Chunji Jin; and an unindicted coconspirator utilizing aliases “Zhonghua” and “Venechor S.”
Chapman Indictment, Money Seizures, and Premises Warrant
According to the indictment, the overseas IT workers associated with Chapman, many of whom were tied to North Korea, posed as U.S. citizens using the stolen, false, or borrowed identities of U.S. nationals, and applied for positions at U.S companies, causing the transmission of false documentation to the U.S. Department of Homeland Security (DHS). The overseas IT workers gained employment at U.S. companies, including at a top-five major television network, a Silicon Valley technology company, an aerospace manufacturer, an American car manufacturer, a luxury retail store, and a U.S.-hallmark media and entertainment company, all of which were Fortune 500 companies. Some of these companies were purposely targeted by a group of DPRK IT workers, who maintained postings for companies at which they wanted to insert IT workers.
Chapman ran a “laptop farm,” hosting the overseas IT workers’ computers inside her home so it appeared that the computers were located in the United States, and also received and forged payroll checks and received direct deposits of the overseas IT workers’ wages from the U.S. companies into her U.S. financial accounts. The overseas IT workers also attempted to gain employment and access to information at two different U.S. government agencies on three different occasions, although these efforts were generally unsuccessful. The overseas IT workers associated with Chapman’s cell were paid millions for their work, much of which has been falsely reported to the IRS and the Social Security Administration in the name of the actual U.S. persons whose identities were stolen or borrowed. Chapman also allegedly conspired with the John Doe defendants to commit money laundering by conducting financial transactions under aliases to receive money generated by the scheme and transfer those funds outside of the United States, in an attempt to hide that these were proceeds of the IT workers’ fraud.
Chapman and her co-conspirators allegedly compromised more than 60 identities of U.S. persons, impacted more than 300 U.S. companies, caused false information to be conveyed to DHS on more than 100 occasions, created false tax liabilities for more than 35 U.S. persons, and resulted in at least $6.8 million of revenue to be generated for the overseas IT workers. The department seized funds related to scheme from Chapman as well as wages and monies accrued by more than 19 overseas IT workers.
“Using the stolen identities of U.S. citizens is a crime by itself, but when you use those identities to procure employment for foreign nationals with ties to North Korea at hundreds of U.S. companies, you have compromised the national security of an entire nation,” said Chief Guy Ficco of IRS-CI. “For more than 100 years, IRS Criminal Investigation special agents have been following the money, and their financial expertise has once again stopped criminals in their tracks.”
Chapman is charged with conspiracy to defraud the United States, conspiracy to commit wire fraud, conspiracy to commit bank fraud, aggravated identity theft, conspiracy to commit identity fraud, conspiracy to launder monetary instruments, operating as an unlicensed money transmitting business, and unlawful employment of aliens. The John Does are charged with conspiracy to commit money laundering. If convicted, Chapman faces a maximum penalty of 97.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count, and the John Does face a maximum penalty of 20 years in prison.
The FBI Phoenix Field Office and IRS-CI Phoenix Field Office are investigating this case, with assistance from the FBI Chicago Field Office.
Assistant U.S. Attorney Karen P. Seifert for the District of Columbia and Trial Attorney Ashley R. Pungello of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting this case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas. The U.S. Attorney’s Office for the District of Arizona and Trial Attorney Gregory Nicosia of the National Security Division’s National Security Cyber Section also provided valuable assistance.
Didenko Complaint, Domain Seizure, and Premises Warrants
According to the criminal complaint, Didenko allegedly engaged in a multi-year scheme to create accounts at U.S.-based freelance IT job search platforms and with U.S. money service transmitters in the names of false identities, including identities of U.S. persons, and sold these accounts to overseas IT workers. Didenko ran a website, upworksell.com, which advertised creating, buying, and renting accounts at U.S. websites using false identities, and also advertised “Credit Card Rental” in the European Union and the United States and SIM card rental for cellular phones. Didenko allegedly offered a full array of services to allow an individual to pose under a false identity and market themselves for remote IT work with unsuspecting companies. As stated, Didenko’s domain was seized as part of the case.
According to the affidavit in support of the complaint, Didenko is alleged to have managed as many as approximately 871 “proxy” identities, provided proxy accounts for three freelance U.S. IT hiring platforms, and provided proxy accounts for three different U.S.-based money service transmitters. In coordination with his co-conspirators, Didenko facilitated the operation of at least three U.S.-based laptop farms, at one point hosting approximately 79 computers. Didenko sent or received $920,000 in U.S. dollars payments since July 2018.
Didenko acknowledged in messages that he believed he was assisting North Korean IT workers. One of Didenko’s overseas IT worker customers also requested that a laptop be sent from one of Didenko’s U.S. laptop farms to Chapman’s laptop farm, showing the interconnectivity of these cells within the DPRK overseas IT worker network. Search warrants of Didenko’s laptop farms were executed in early May 2024.
If convicted, Didenko faces a maximum penalty of 67.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count.
The FBI New York Field Office is investigating this case. The FBI Norfolk and San Diego Field Offices and the Jefferson City, Tennessee, Resident Agency provided assistance in executing search warrants.
Assistant U.S. Attorneys Karen P. Seifert and Steven Wasserman for the District of Columbia are prosecuting the case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas and the U.S. Attorney’s Office for the District of Columbia. The U.S. Attorney’s Offices for the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, Justice Department’s Office of International Affairs, and Trial Attorney Jacques Singer-Emery of the National Security Division’s National Security Cyber Section provided valuable assistance as well.
***
The FBI, along with the Departments of State and Treasury, issued a May 2022 advisory to alert the international community, private sector, and public about the North Korea IT worker threat. Updated guidance was issued in October 2023 by the United States and the Republic of Korea (South Korea), which includes indicators to watch for that are consistent with North Korea IT worker fraud.
An indictment and a criminal complaint are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Chinle Man Sentenced to Life in Prison for Multiple Counts of Child Sex AbuseRead the Press Release
PHOENIX, Ariz. – Kendall Anagal, 41, of Chinle, was sentenced last week by United States District Judge Diane J. Humetewa to life in prison for multiple counts of child sexual abuse.
On February 9, 2024, a federal jury found Anagal guilty of three counts of Aggravated Sexual Abuse and one count of Abusive Sexual Contact of a Child. Anagal repeatedly and violently sexually abused a child who, at the time of the abuse, was between nine and 10 years old. The victim reported these offenses when she was 17 years old; she did not disclose them earlier because she feared for her life.
The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Tracy Van Buskirk and Sharon K. Sexton, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-8113-PCT-DJH
RELEASE NUMBER: 2024-063_Anagal# # #
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.New Mexico Man Indicted for Possessing - with Intent to Distribute - 47 Pounds of FentanylRead the Press Release
PHOENIX, Ariz. – Luis Angel Pulido, 22, of Rio Rancho, New Mexico, was indicted by a federal grand jury last week on one count of Possession with Intent to Distribute Fentanyl.
The indictment alleges that, on or about April 7, 2024, Pulido knowingly and intentionally possessed with the intent to distribute a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance. Pulido was stopped on Interstate 40, on the Navajo Nation Indian Reservation, in Sanders, Arizona, after committing civil traffic violations. During the traffic stop, a drug‑sniffing canine alerted on Pulido’s vehicle. Bureau of Indian Affairs officers searched the vehicle and discovered approximately 47 pounds of fentanyl pills hidden in the trunk.
Possession with Intent to Distribute Fentanyl carries a maximum sentence of 20 years in prison, a fine of up to $1,000,000, and up to lifetime supervised release.
Bureau of Indian Affairs is conducting the investigation in this case. Assistant U.S. Attorney Genevieve Ozark, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-24-08044-PCT-DWL
RELEASE NUMBER: 2024-061_Pulido# # #
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.Final Member of Drug Trafficking Conspiracy Sentenced for Fentanyl and Methamphetamine TraffickingRead the Press Release
PHOENIX, Ariz. – Keivin Crosswell-Cervantes, 27, of Mexico, was sentenced on April 29, 2024, by United States District Judge Steven P. Logan to 17 years in prison for Conspiracy to Distribute Fentanyl and Methamphetamine. Crosswell-Cervantes pleaded guilty to the charge on May 2, 2023.
Crosswell-Cervantes’ two co-conspirators both also pleaded guilty to Conspiracy to Distribute Fentanyl and Methamphetamine and were sentenced by Judge Logan. On September 20, 2023, Carlos Alberto Castro-Ruiz, 26, of Phoenix, was sentenced to 11 years and three months in prison. On November 13, 2023, Alexander Ortega-Islas, 22, of Phoenix, was sentenced to 12 years in prison.
The three co-conspirators all admitted that they delivered approximately 400,000 blue fentanyl pills, approximately 20,000 multi-colored fentanyl pills (“skittles”), and approximately 25 pounds of methamphetamine to undercover officers on September 22, 2022. Law enforcement officers also seized an AK-47-style pistol, a .45 caliber Kimber 1911 semi-automatic pistol with two magazines, and a .45 caliber FN semi-automatic pistol.
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.
Homeland Security Investigations, Nogales, and the Drug Enforcement Administration, Nogales, conducted the investigation in this case. Assistant United States Attorney Matthew G. Eltringham, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-01295-PHX-SPL
RELEASE NUMBER: 2024-062_Crosswell-Cervantes# # #
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.Border Patrol Agent Indicted for Child Pornography and Exploitation OffensesRead the Press Release
PHOENIX, Ariz. – Nereo Mejia Gomez, Jr., 41, of Yuma, was indicted by a grand jury on Tuesday for a series of child pornography-related offenses, including Production of Child Pornography and multiple counts of Distributing and Possessing Child Pornography. Gomez also was indicted for Possession of an Unregistered Firearm; specifically, a short-barreled rifle. A federal Magistrate Judge ordered that Gomez be released pending trial. Gomez is an agent with the United States Customs and Border Protection’s Border Patrol.
The indictment alleges that, between November 2022 and March 2023, Gomez produced child pornography four times involving a girl who was ages 15 and 16. The indictment also alleges that Gomez distributed child pornography five times in February and March 2024 using a facility of interstate commerce and possessed child pornography and an unregistered firearm in April 2024.
Production of Child Pornography carries a potential sentence of 15-30 years in prison, while each count of Distributing and Possessing Child Pornography carries a maximum sentence of 20 years in prison. Possession of an Unregistered Firearm carries a maximum penalty of 10 years in prison. All child exploitation counts also carry a potential fine of up to $250,000 and a lifetime term 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.
Homeland Security Investigations is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution. The Yuma Sector of the Border Patrol has been cooperative in the investigation.
Gomez- IndictmentCASE NUMBER: CR-24-00783-PHX-SMB
RELEASE NUMBER: 2024-060_Gomez# # #
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.Fentanyl Importer Sentenced to More than Five Years in PrisonRead the Press Release
TUCSON, Ariz. – Francisco Nicolas Orozco-Montijo, 28, a United States citizen residing in Nogales, Mexico, was sentenced on Wednesday by United States District Judge Rosemary Márquez to 63 months in prison, followed by 60 months of supervised release. Orozco-Montijo pleaded guilty to Importation of Fentanyl on February 5, 2024.
In March 2023, Orozco-Montijo applied for entry into the United States from Mexico via the DeConcini Port of Entry in Nogales, Arizona. During a search of his vehicle, Customs and Border Protection agents discovered over 50 kilograms of fentanyl concealed within the spare tire and rear quarter panels of the car.
Homeland Security Investigations conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-23-00943-TUC-RM
RELEASE NUMBER: 2024-059_Orozco-Montijo# # #
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.Justice Department Strengthens Efforts, Builds Partnerships to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
United States Attorney’s Office for the District of Arizona Participates in Multiple Events Across the State for Missing or Murdered Indigenous Persons Awareness Day
PHOENIX, Ariz. – The Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native (AI/AN) communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (MMIP) Awareness Day.
In recognition of MMIP Awareness Day, Attorney General Merrick B. Garland highlighted ongoing efforts to tackle the MMIP and human trafficking crises in American Indian and Alaska Native communities, and other pressing public safety challenges, like the fentanyl crisis, in Tribal communities.
“There is still so much more to do in the face of persistently high levels of violence that Tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Merrick B. Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with Tribal communities as we seek to end this crisis.”
“Missing Indigenous Persons cases require more from us as prosecutors,” said United States Attorney Gary Restaino. “The uncertainty caused in a missing persons case can exacerbate trauma for family and friends. We need to rethink how and what we can share with next of kin so that we can promote better outcomes, support greater sensitivity to Tribal customs and culture, and instill greater confidence in the results of investigations.”
“The FBI remains unwavering in our pledge to work with our law enforcement partners to address the violence that has disproportionately harmed Tribal communities and families,” said FBI Director Christopher Wray. “We will continue to prioritize our support of victims and will steadfastly pursue investigations into the crime impacting American Indian and Alaska Native communities.”
“DEA’s top priority is protecting all communities from deadly drugs, like fentanyl, and drug related violent crime,” said DEA Administrator Anne Milgram. “We know that no community has been spared from these deadly threats and we are committed to keeping Tribal communities safe.”
Justice Department Prioritization of MMIP Cases
Last July, the Justice Department announced the creation of the MMIP Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions. In the Southwest, the District of Arizona is currently in the process of hiring the region’s Coordinator, and the District of New Mexico has already hired a lawyer to assist in regional efforts.
To commemorate MMIP Awareness Day and honor victims, U.S. Attorney Gary Restaino, AUSA Kiyoko Patterson, and victim advocates from the U.S. Attorney’s Office will participate in an MMIP Awareness event at the Arizona State Capitol in Phoenix on May 4. On May 2, members of the U.S. Attorney’s Office participated in the 3rd Annual National Missing and Murdered Indigenous Peoples Day of Awareness Symposium at the University of Arizona.
The MMIP regional outreach program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and Respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons, issued in July 2022.
Not Invisible Act Commission Response
The Department’s work to respond to the MMIP crisis is a whole-of-department effort. In March, the Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission’s (NIAC) recommendations on how to combat the MMIP and human trafficking crises. The response to the NIAC, announced by Attorney General Garland during a visit to the Crow Nation, recognizes that more must be done across the federal government to resolve this longstanding crisis and support healing from the generational traumas that Indigenous peoples have endured throughout the history of the United States.
Addressing Violent Crime and the Fentanyl Crisis in Indian Country
As noted in the joint response to the NIAC, research suggests that certain public safety challenges faced by many American Indian and Alaska Native communities—including disproportionate violence against women, families, and children; substance abuse; drug trafficking; and labor and sex trafficking—can influence the rates of missing AI/AN persons.
Further, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian county, where drug-related overdose death rates for Native Americans exceeds the national rate.
Therefore, federal law enforcement components are ramping up efforts to forge stronger partnerships with federal and Tribal law enforcement partners to address violent crime and the fentanyl crisis, which expose already vulnerable communities to greater harm. The U.S. Attorney’s Office in the District of Arizona has conducted several collaborative training sessions with Tribal law enforcement partners on fentanyl interdiction and prosecution strategies, and has undertaken fentanyl prosecution initiatives in several Tribal Nations in Arizona.
Accessing Department of Justice Resources
Over the past year, the Department awarded $268 million in grants to help enhance Tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting Tribal youth programs, and strengthening victim services in Tribal communities.
For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.
Click here for more information about reporting or identifying missing persons.
RELEASE NUMBER: 2024-058_ Missing or Murdered Indigenous Persons Day
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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 Indicted and Ordered Detained for Child Pornography and Exploitation OffensesRead the Press Release
PHOENIX, Ariz. – Alaa Robert Bartley, 41, of Gilbert, was indicted by a federal grand jury on Tuesday for a series of child pornography-related offenses, including Attempted Production of Child Pornography; Attempted Coercion and Enticement of a Minor; and multiple counts of Distributing, Receiving, and Possessing Child Pornography. Also on Tuesday, a federal Magistrate Judge ordered that Bartley be detained in custody pending trial.
The indictment alleges that between August 2020 and August 2023, Bartley repeatedly exchanged digital images of child pornography. The indictment also alleges that in 2019, Bartley attempted to take sexually explicit images of a 15-year-old girl in a bathroom, and from December 2023 to April 2024, he used facilities of interstate commerce while attempting to induce another minor to engage in criminal sexual activity.
Attempted Production of Child Pornography carries a potential sentence of 15-30 years in prison; Attempted Coercion and Enticement of a Minor carries a sentence of 10 years to life in prison; and each count of Distributing, Receiving, and Possessing Child Pornography carries a maximum sentence of 20 years in prison. All counts also carry a potential fine of up to $250,000 and up to a lifetime term 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 is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution.
Bartley - IndictmentCASE NUMBER: CR 24-0749-PHX-JJT
RELEASE NUMBER: 2024-057_BartleyPhoenix Man Sentenced to 8.5 Years in Prison for Involvement in Murder-for-Hire PlotRead the Press Release
PHOENIX, Ariz. – Ali Joseph, 44, of Phoenix, was sentenced on Monday by United States District Judge Diane J. Humetewa to 102 months in prison, followed by three years supervised release. Joseph pleaded guilty on December 12, 2023, to one count of Use of Interstate Commerce Facilities in the Commission of Murder for Hire.
Between May and August 2022, while Joseph was involved in contentious child-custody proceedings with the victim, Joseph had multiple in-person and electronic communications with an individual who was a Confidential Human Source (CHS) for the FBI. In these communications with the CHS, Joseph revealed that he was unwilling to share custody of his children with the victim because he believed her to be an “apostate” who would not raise his children on “the right path,” and he expressed his desire to have her murdered. Thereafter, the CHS introduced Joseph to an undercover FBI employee who Joseph believed was a hitman. Joseph offered to pay the “hitman” $3,000 to disguise himself as a homeless person who would attempt to rob and violently attack the victim as she left her workplace. Joseph provided the CHS with a $1,000 down payment along with a piece of paper containing photographs of the victim and her identifying information. Joseph told the CHS that he wanted the “hitman” to stab the victim in the neck to ensure she would not survive the attack, and asked the CHS to notify him when the murder was completed by sending him a funny photo or short video.
The Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, handled the prosecution.
CASE NUMBER: CR-22-01070-PHX-DJH
RELEASE NUMBER: 2024-056_Joseph# # #
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 Maricopa County Deputy Public Defender Sentenced for Drug TraffickingRead the Press Release
PHOENIX, Ariz. – Sally Joyce Nyemba, 33, of Phoenix, was sentenced on Monday to 18 months in prison by United States District Judge Susan M. Brnovich. Nyemba pleaded guilty to Attempted Possession with Intent to Distribute Methamphetamine on August 31, 2023.
Nyemba was a practicing attorney and is a former Maricopa County Deputy Public Defender. On May 11 and 12, 2020, Nyemba negotiated the purchase of two pounds of methamphetamine for $3,600 and 4,000 M30 pills for $10,000 from an undercover Drug Enforcement Administration (DEA) agent.
On May 12, 2020, Nyemba met with the undercover DEA agent in Phoenix, and was arrested after she provided the agent $3,600 for the drugs. Agents searched Nyemba’s vehicle and seized approximately $14,158 in U.S. currency.
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 East Valley Drug Enforcement Task Force conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-01094-PHX-SMB
RELEASE NUMBER: 2024-055_Nyemba# # #
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's Office Releases 2024 First Quarter Immigration Enforcement StatisticsRead the Press Release
PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for January 1, 2024, to March 31, 2024. 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 March 31, 2024, the United States brought criminal charges in Arizona against 2,113 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 243 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. In this time period, the United States also prosecuted 54 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 continue to be priorities 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 three 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 two 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: 2024-054_2024 First Quarter Immigration Enforcement Statistics
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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.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
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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.