District of Arizona

TUCSON, Ariz. – James Valentine Siehien, 53, of Tucson, was sentenced on February 27, 2024, by United States District Judge Raner C. Collins to 87 months in prison, followed by five years of supervised release. Siehien pleaded guilty to one count of Bank Robbery and two counts of Armed Bank Robbery on March 16, 2023, for a series of bank robberies he committed in Tucson. 

Siehien admitted that, on October 21, 2021, he robbed approximately $4,000 from Chase Bank. He also admitted that, on October 26, 2021, he robbed approximately $2,740 from PNC Bank, with what was later determined to be a fake explosive device. Siehien further admitted that, on November 5, 2021, while possessing an axe, he robbed approximately $2,200 from First Convenience Bank.

The Federal Bureau of Investigation and the Tucson Police Department, as part of the Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. Assistant U.S. Attorney, Adam D. Rossi, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-03071-TUC-RCC
RELEASE NUMBER:    2024-029_Siehien

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A Massachusetts man was sentenced today to three years and six months in prison for sending a communication containing a bomb threat to an election official in the Arizona Secretary of State’s Office. 

“Those using illegal threats of violence to intimidate election workers should know that the Justice Department will find you and hold you accountable under the law,” said Attorney General Merrick B. Garland. “The defendant in this case will spend the next three and a half years in federal prison for threatening an Arizona election official. We will continue to aggressively investigate and prosecute such unlawful threats of violence.”

According to court documents, on or about Feb. 14, 2021, James W. Clark, 40, of Falmouth, sent a message via the Arizona Secretary of State’s website through “Contact Elections,” addressing the election official by her first name and warning her that she needed to “resign by Tuesday February 16th by 9 am or the explosive device impacted in her personal space will be detonated.” Shortly after transmitting the message, Clark conducted online searches that included the full name of the election official in conjunction with the words “how to kill” and “address.” Additionally, on or about Feb. 18, 2021, Clark conducted online searches involving the Boston Marathon bombing.

“James W. Clark sent a bomb threat to an Arizona election official. As a result, law enforcement searched the office building where the official worked, as well as the official’s home and car, for an explosive device,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Public servants who ensure our free and fair elections must be able to do their jobs without fear. The Criminal Division will continue to aggressively investigate and prosecute those who target election officials with threats of violence.”

In response to Clark ’s message, law enforcement conducted partial evacuations and bomb sweeps of the building in which the Arizona Secretary of State’s Office was located, including an evacuation of the floor of the Office of the Arizona Governor located in the same building. Law enforcement also conducted bomb sweeps of the election official’s personal residence and of the election official’s car.

“The U.S. Attorney’s Office for the District of Arizona will continue to prosecute those who would threaten our public servants simply for performing the jobs they were hired to do,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “As we head into election season, we thank the state and county election community who make democracy possible.”

“Election officials, their staffs, and volunteers are essential to our democracy and any threat to these public servants is completely unacceptable,” said Special Agent in Charge Akil Davis of the FBI Phoenix Field Office. “As part of our mission to defend the democratic process, this case demonstrates that the FBI remains prepared to respond to these threats in an urgent and timely fashion.”

Clark pleaded guilty in August 2023 to one count of making a threatening interstate communication.

The FBI Phoenix Field Office investigated the case, with assistance from the FBI Boston Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona prosecuted the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Over two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

TUCSON, Ariz. – On February 28, 2024, a federal grand jury returned a five-count indictment against Armani R. Purandah, 24, Rashawn L. Gray, 27, Tyshaun D. Ripley, 25, Awilda Reyes, 51, Richard M. Bah, 20, of Bronx, NY, and Harley D. Stuscavage, 41, of Phoenix. The defendants were each charged with one count of Conspiracy to Commit Bank Fraud and four counts of Aggravated Identity Theft. 

The indictment alleges that the co-conspirators engaged in a scheme to defraud individuals and banks across the United States including in Arizona, Colorado, and California. The co-conspirators unlawfully used victims’ personal identifying information and fraudulent identifications to open fake business accounts linked to the victims’ legitimate bank accounts. They transferred the victims’ funds from the victims’ legitimate bank accounts to the fraudulent business bank accounts. Once the victims’ funds were transferred to the business accounts, the co-conspirators withdrew the funds in cash at financial institutions and tribal casinos. The co-conspirators also made other unauthorized transactions from the accounts.  

Conspiracy to Commit Bank Fraud carries a maximum penalty of 30 years in prison and a fine of up to $1,000,000. Aggravated Identity Theft carries a two-year mandatory minimum prison sentence.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Federal Bureau of Investigation conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-24-00927-JCH-MSA
RELEASE NUMBER:    2024-027_Purandah, et al.

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PHOENIX, Ariz. – Leonard Stanley White, 41, of Phoenix, was sentenced on February 21, 2024, by United States District Judge David G. Campbell to 82 months in prison, followed by three years of supervised release. White pleaded guilty on November 21, 2023, to Felon in Possession of a Firearm and in doing so, he admitted to violating his supervised release conditions.

On May 9, 2023, White was arrested on a supervised release violation warrant and was found to be in possession of a firearm at that time. White had previously been convicted of Voluntary Manslaughter. After the Voluntary Manslaughter conviction, White was sentenced to 70 months for possessing the firearm and an additional 12 months for violating his supervised release in another case.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Chandler Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
 

CASE NUMBER:           CR-23-00819-PHX-DGC
RELEASE NUMBER:    2024- 028_White

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17 Co-Conspirators Already Convicted and Sentenced

TUCSON, Ariz. – Tony Cardenas, 36, of Phoenix, was sentenced last week by United States District Judge Jennifer G. Zipps to 48 months in prison, followed by three years of supervised release. Cardenas, the leader of a Phoenix-based human smuggling organization, pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit and Conspiracy to Commit Money Laundering on November 17, 2023. Cardenas and 18 co-conspirators were indicted in November 2021 following an investigation by Homeland Security Investigations (HSI) – Sells and the Internal Revenue Service Criminal Investigation (IRS-CI).

In June 2018, HSI – Sells began investigating Cardenas and his human smuggling organization. Throughout the course of this investigation, agents discovered that undocumented noncitizens were being moved from Central America and Mexico to the Tohono O’odham Nation where they were directed to nearby stash houses or picked up and taken to stash houses in the Tucson and Phoenix areas. Using Phoenix as a distribution hub, the human smuggling organization held undocumented noncitizens in Phoenix until final payment was received. Once payments were made, the undocumented noncitizens were driven to their final destinations throughout the United States. A financial investigation conducted by IRS-CI identified numerous co-conspirators who were using their bank accounts and money service businesses to channel over $1 million back to the alien smuggling organization in Arizona. Seventeen co-conspirators with ties to the Cardenas human smuggling organization have been convicted of alien smuggling and/or money laundering. The final co-conspirator is scheduled to be sentenced on March 28, 2024.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Homeland Security Investigations – Sells and IRS Criminal Investigation – Tucson conducted the investigation in this case. Assistant U.S. Attorneys Craig Russell and Fred Cocio, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:                  CR-21-02978-TUC-JGZ 
RELEASE NUMBER:           2024-026_Cardenas, et al.

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A federal criminal complaint was unsealed yesterday in the District of Arizona charging Abraham Chol Keech, 44, of Utah, and Peter Biar Ajak, 40, of Maryland, with conspiring to purchase and illegally export millions of dollars’ worth of fully automatic rifles, grenade launchers, Stinger missile systems, hand grenades, sniper rifles, ammunition, and other export-controlled items from the United States to South Sudan, in violation of the Arms Export Control Act (AECA) and the Export Control Reform Act (ECRA).

“As alleged, the defendants sought to unlawfully smuggle heavy weapons and ammunition from the United States into South Sudan – a country that is subject to a U.N. arms embargo due to the violence between armed groups, which has killed and displaced thousands,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice will not tolerate the illicit export of weapons overseas, and we will hold accountable those who would violate our laws.”

“Sanctions and export controls help ensure that American weapons are not used internationally to destabilize other sovereign nations,” said U.S. Attorney Gary Restaino for the District of Arizona. “We thank our law enforcement partners, including Homeland Security Investigations, for continuing to use their legacy customs enforcement authority to protect the public.”

According to court documents, in July 2018, in response to the conflict between South Sudan’s Transitional Government of National Unity and opposition forces, the United Nations Security Council imposed an arms embargo on South Sudan. The Security Council has renewed the arms embargo every year since 2018, most recently in May 2023. Under U.S. law, specifically the AECA and ECRA, it is unlawful to export weapons and ammunition to South Sudan absent authorization in the form of a license from the U.S. Department of State or the Department of Commerce. It is the policy of the United States to deny licenses and approvals to export to South Sudan defense articles, such as automatic rifles, grenade launchers, and missile Stinger systems.

As alleged in court documents, between at least February 2023 and February 2024, Keech and Ajak sought to illegally purchase weapons and related export-controlled items from undercover law enforcement agents and smuggle those weapons and items from the United States to South Sudan through a third country. The defendants knew that South Sudan was subject to an arms embargo and that exporting weapons and ammunition from the United States to South Sudan without a license from the U.S. government was illegal and would violate U.S. law. For example, the defendants openly discussed the illegality of the transaction, expressed the need to be discreet, and agreed to pay a risk fee for the weapons because of the illegal nature of the arms sale. In addition, to facilitate the smuggling scheme, the defendants discussed disguising the weapons as humanitarian aid and paying bribes.

As part of the scheme, the defendants further sought to conceal from financial institutions and others the source and purpose of the funds used to purchase and smuggle the illicit arms. For example, the defendants agreed to an arms contract for nearly $4 million worth of weapons and related items and requested a “fake contract” in the same amount in “consulting services” and items, such as “communications equipment,” related to “human rights, humanitarian, and civil engagement inside South Sudan refugee camps.” The defendants then caused funds to be transferred through an intermediary company identified in the fake contract to complete the purchase. 

If convicted, the defendants face up to 20 years in prison for conspiring to violate the AECA, up to 20 years in prison for conspiring to violate the ECRA, and up to 10 years in prison for smuggling goods from the United States. 

The Department of Homeland Security’s Homeland Security Investigations, the Department of Defense’s Defense Criminal Investigative Service, the Department of the Army Criminal Investigation Division, and the Department of Commerce’s Office of Export Enforcement are investigating the case, with valuable assistance provided by the Department of the Army Criminal Investigation Division, the U.S. Attorney’s Office for the District of Maryland and the U.S. Attorney’s Office for the District of Utah.

The U.S. Attorney’s Office for the District of Arizona and the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

A criminal complaint is merely an allegation. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Keech and Ajak complaint

Tucson, Ariz. – A federal grand jury in Tucson returned a seven-count indictment last week against Dr. Andrew L. Kassman and his wife, Laurie Ann Kassman, of Tucson, for Conspiracy to Commit Wire Fraud and Wire Fraud.

Dr. Kassman was the former owner of a Tucson orthodontics practice. After selling the practice, Dr. Kassman and his wife continued as employees for the new owner. Dr. Kassman worked as an orthodontist, and Dr. Kassman’s wife continued as the office manager. The indictment alleges that, after the sale, Dr. Kassman kept his business bank account open. The Kassmans then engaged in an embezzlement scheme in which they diverted funds that belonged to the practice without the new owner’s knowledge or consent. To conceal the scheme, Laurie Kassman manipulated financial records in the practice’s record keeping system. The Kassmans embezzled at least $73,000.

A conviction for either charge - Conspiracy to Commit Wire Fraud or Wire Fraud - carries a maximum penalty of 20 years in prison and a $250,000 fine. 

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The United States Secret Service and the U.S. Postal Inspection Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-00789-TUC-RM
RELEASE NUMBER:    2024-025_Kassman

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TUCSON, Ariz. – On Wednesday, a federal grand jury indicted Larry Edward Brown, Jr., 42, of Peoria, on one count of Involuntary Manslaughter of an Officer of the United States.

The indictment alleges that on August 17, 2023, Special Agents of the Internal Revenue Service Criminal Investigation (IRS-CI) used the firearm range at the Federal Correctional Institution – Phoenix for standard pistol qualifications and classroom training. Brown, who has served as a special agent for IRS-CI for over 12 years, is a trained Use of Force Instructor.

After all training had concluded for the day, Brown entered a building known as the “Tower,” a small, one-room structure with an interior measuring approximately eight feet by nine feet, located on the range where firearms instructors can observe and command live-fire trainings. The only other occupant inside the Tower was Special Agent Patrick Bauer, a 15-year veteran of IRS-CI and a trained Use of Force Instructor, who had led the live-fire pistol qualifications that day. As alleged in the indictment, while inside the Tower, Brown handled his firearm without due caution and with reckless disregard for human life, striking Special Agent Bauer in the torso with a single gunshot.

Despite life-saving efforts by agents at the scene, EMTs, and hospital staff, Special Agent Bauer died as a result of the penetrating gunshot wound.

Brown had his initial court appearance today and has been released. The matter has been set for trial on April 2, 2024.

Involuntary Manslaughter of an Officer of the United States carries a maximum penalty of eight years in prison and a fine of up to $250,000.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Federal Bureau of Investigation conducted the investigation in this case, with assistance from the Treasury Inspector General for Tax Administration. The United States Attorney’s Office for the District of Arizona, Tucson, is handling the prosecution.

Indictment - Brown

CASE NUMBER:           CR-24-00355-PHX-SPL
RELEASE NUMBER:    2024-024_Brown

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The U.S. District Court for the District of Arizona struck down an Arizona requirement that individuals seeking to register to vote must list their birthplace as a prerequisite to registering to vote. The court ruled that the birthplace requirement of House Bill 2492 violated a federal law that prevents election officials from rejecting voting materials for errors or omissions that are not material to determining a registrant’s qualifications to vote. The court previously ruled that Arizona may not require documentary proof citizenship to vote in a federal election.  

“This ruling provides a cautionary note that should discourage officials from considering imposition of restrictive or burdensome proof of citizenship demands or requests for unnecessary information from voters before registering them to vote in federal elections,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the National Voter Registration Act (NVRA) and other federal laws to ensure that eligible voters are able to register and vote in federal elections.”

“Arizona passed legislation in 2022 that violates the Civil Rights Act of 1964 and other federal safeguards,” said U.S. Attorney Gary Restaino for the District of Arizona. “The District Court’s order helps level the playing field and it removes formidable barriers to Arizonans’ exercise of their right to vote. We appreciate the advocacy work of so many non-profit organizations and the Civil Rights Division in seeking a fairer and more just America.”

The court’s ruling comes following a bench trial late last year in a set of consolidated cases challenging various aspects of voting laws adopted by the State of Arizona. The Justice Department’s lawsuit, filed in July 2022, challenged voting restrictions imposed by House Bill 2492 (2022), alleging violations under Section 6 of the NVRA and Section 101 of the Civil Rights Act of 1964. Specifically, the United States’ complaint contended that House Bill 2492 violates the NVRA by requiring that applicants produce documentary proof of citizenship before they can vote in presidential elections or vote by mail in any federal election when they register to vote using the uniform federal registration form created by the NVRA. This requirement flouts the 2013 U.S. Supreme Court decision in Arizona v. Inter Tribal Council of Ariz., Inc., which rejected an earlier attempt by Arizona to impose a similar documentary proof of citizenship mandate on applicants seeking to vote in federal elections.

The United States’ complaint also contended that House Bill 2492 violates Section 101 of the Civil Rights Act by requiring election officials to reject voter registration forms based on errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot. Several private plaintiffs filed related cases and yesterday’s ruling also addresses additional claims brought by those parties.

More information about the Voting Rights Act and other federal voting laws is available on the Justice Department’s website at www.justice.gov/crt/voting-section. Complaints about discriminatory voting practices can be reported to the Civil Rights Division through the internet reporting portal at civilrights.justice.gov or by telephone at 1-800-253-3931.

An Alabama man was arrested today in Cullman, Alabama, for allegedly sending threatening messages to election workers with Maricopa County Elections in Phoenix.

Brian Jerry Ogstad, 59, of Cullman, made his initial appearance today at the federal courthouse in Huntsville.

“As alleged in the indictment, Brian Ogstad sent threatening messages to a social media account maintained by the Maricopa County Elections office. After referencing claims of voter fraud in Arizona’s 2022 gubernatorial race, Ogstad allegedly made a number of threats to election workers and officials, including that they were ‘dead’ and ‘stupid if you think your lives are safe,’” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Public servants who administer our elections — the cornerstone of our democracy — must be able to do their jobs without fear. The Criminal Division will continue to aggressively investigate and prosecute those who target election officials and workers with threats of violence.”

According to an indictment unsealed today, on or about Aug. 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through on or about Aug. 4, 2022, Ogstad allegedly sent multiple threatening direct messages to an Instagram social media account maintained by Maricopa County Elections. For instance, on or about Aug. 3, 2022, Ogstad allegedly stated (1) “You did it! Now you are [expletive]. Dead. You will all be executed for your crimes”; (2) “[expletive] you! You are caught!  They have it all. You [expletive] are dead”; (3) “You are lying, cheating [expletive] . . . you better not come in my church, my business or send your kids to my school. You are [expletive] stupid if you think your lives are safe”; and (4) “You [expletive] are so dead.” On or about Aug. 4, 2022, Ogstad also allegedly stated “[Y]ou people are so ducking [sic] stupid. Everyone knows you are lots [sic], cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang [expletive]!”

“We cannot permit election skeptics to threaten vigilante justice,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We will continue to prosecute true threats against Arizona’s election officials and other public servants, including direct messages sent on social media, or communications in any other format.”

“The FBI takes all threats of violence seriously,” said Special Agent in Charge Akil Davis of the FBI Phoenix Field Office. “The work of election officials, their staffs, and volunteers is essential to our democracy and any threat to these public servants is completely unacceptable. The FBI remains vigilant in our efforts to detect and assess possible threats and, as always, we encourage the public to promptly report suspicious activities which could represent a threat to public safety.”

Ogstad is charged with five counts of communicating an interstate threat. If convicted, Ogstad faces a maximum penalty of five years in prison on each count.

The FBI Phoenix Field Office is investigating the case, with substantial assistance from the FBI Birmingham Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona are prosecuting the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Over two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Indictment

TUCSON, Ariz. –Manuel Alejandro Beltran-Quintero, 35, of Tucson, was sentenced last week by United States District Judge Jennifer G. Zipps to 120 months in prison, followed by four years of supervised release. Beltran-Quintero pleaded guilty to Conspiracy to Distribute Cocaine and Possession with Intent to Distribute Cocaine on September 7, 2023. Five co-defendants also charged in this case pleaded guilty and received sentences of up to 68 months in prison.

On April 15, 2020, Beltran-Quintero coordinated the delivery of nearly 20 kilograms of cocaine in Tucson. Agents from the Drug Enforcement Administration successfully interdicted the drugs and arrested Beltran-Quintero and his co-conspirators. The investigation revealed that Beltran-Quintero had also coordinated the attempted smuggling of firearms to Mexico on three separate occasions in late 2019, all of which were intercepted by law enforcement.  

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The Drug Enforcement Administration led the investigation in this case. Assistant U.S. Attorneys Stefani Hepford and Ashley Culver, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-20-01565-TUC-JGZ
RELEASE NUMBER:    2024-023_Beltran-Quintero

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Firearms Trafficker Found with Multiple Rifles, Pistols, and Magazines

TUCSON, Ariz. – On February 21, 2024, a federal grand jury indicted Jose Rene Murrieta, 30, of Nogales, on one count of Smuggling Goods from the United States, Felony Receipt of a Firearm, and Conspiracy to Smuggle Firearms Out of the United States to Promote a Felony.

The complaint alleges that on January 23, 2024, Murrieta attempted to exit the United States and enter the Republic of Mexico through the DeConcini Port of Entry. After a search of Murrieta’s vehicle, United States Customs and Border Protection Officers located multiple rifles, pistols, and magazines. During an interview, Murietta admitted he was smuggling the items to Mexico in exchange for money.

 

Smuggling Goods from the United States carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Felony Receipt of a Firearm and Conspiracy to Smuggle Firearms Out of the United States to Promote a Felony carry a maximum penalty of 15 years in prison and a fine of up to $250,000.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

This case is being prosecuted under criminal provisions of the Bipartisan Safer Communities Act, which Congress enacted and the President signed in June 2022.  The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Nathaniel Walters, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-24-00786-SHR-AMM
RELEASE NUMBER:    2024-022_Murrieta

 

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PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona held its fourth United Against Hate event on Wednesday at the Valley of the Sun Jewish Community Center in Scottsdale, Arizona. The event provided an opportunity for an informative and robust discussion with leaders from Arizona’s Jewish community. Over 150 invited guests, including community members, local leaders, and law enforcement, were in attendance. The event focused on establishing a dialogue between the community and law enforcement and on increasing community understanding and reporting of hate crimes and hate incidents.

“We remain committed to investigating and pursuing charges against those who induce fear and trauma through acts of hate directed at our fellow citizens based on their religious beliefs,” said United States Attorney Gary Restaino.  “We are appreciative of the Jewish community and its leaders for convening with us, and thankful most of all for the energetic participation of many students from Arizona State University: they are our next generation of leaders and a critical voice in the community.”

Wednesday’s event featured a panel discussion among community leaders, local law enforcement, and the U.S. Attorney. The discussion allowed attendees to hear directly from members of the local Jewish community, who shared their thoughts, concerns, and experiences with hate crimes and hate incidents.

This fourth United Against Hate event follows similar meetings between the U.S. Attorney’s Office and leaders of Arizona’s African American, LGBTQ+, and Hispanic communities. The District of Arizona will hold additional United Against Hate events in the coming months to engage with communities across the state. These events will further encourage collaboration, support hate crimes prevention efforts, and encourage more Arizonans to report hate crimes and hate incidents.
 

RELEASE NUMBER:    2024-021_United Against Hate Event

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TUCSON, Ariz. – Enrique Heriberto Nunez-Tiznado, 45, of Sasabe, Sonora, Mexico, was sentenced yesterday by United States District Judge Scott H. Rash to 63 months in prison. Nunez-Tiznado pleaded guilty to Possession with Intent to Distribute Fentanyl, Heroin, Cocaine, and Methamphetamine, and Conspiracy to Launder Monetary Instruments on December 13, 2023.

Nunez-Tiznado admitted he was a Mexico-based leader of an organization that supplied drugs that were mailed throughout the United States. Nunez-Tiznado used individuals to smuggle drugs into the United States through ports of entry. He then coordinated the mailing of those drugs from Tucson to various locations throughout the United States. Finally, he coordinated the laundering of drug proceeds through a co-defendant’s bank account.

Colombian authorities apprehended Nunez-Tiznado in February 2022, pursuant to an Interpol Red Notice, and Nunez-Tiznado was extradited from Colombia to the United States on April 12, 2023.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The Drug Enforcement Administration and the Federal Bureau of Investigation conducted the investigation in this case. The Justice Department’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché’s Office at the U.S. Embassy in Bogota, the U.S. Marshals Service, and Colombian law enforcement authorities provided critical assistance in securing the arrest and extradition of Nunez-Tiznado. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR 21-2667-TUC-SHR
RELEASE NUMBER:    2024-020_Nunez-Tiznado

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A California man was arrested today in San Diego for allegedly leaving a voicemail containing a violent threat on the personal cell phone of an election official with the Maricopa County Recorder’s Office in Phoenix, Arizona.

William Hyde, 52, of San Diego, is scheduled to make his initial appearance tomorrow at the federal courthouse in San Diego.

“As alleged in the indictment, the defendant left threatening messages on a Maricopa County election official’s personal cell phone the day after county officials certified the 2022 election results. The indictment alleges that the defendant accused the official of cheating the election and told the official to ‘run’ and ‘hide,’” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The Criminal Division is committed to aggressively investigating and prosecuting individuals who threaten election officials. We will not tolerate criminal intimidation of those who administer and safeguard our elections.”

According to an indictment unsealed today, on or about Nov. 28, 2022, a victim election official attended a meeting of the Maricopa County Board of Supervisors, where the Board of Supervisors certified the 2022 general election results in Maricopa County. The following day, Hyde allegedly left the following voicemail message on the personal cell phone of the election official: “Run, [expletive].” Approximately one minute later, Hyde allegedly left the following voicemail message on the personal cell phone of the election official: “You wanna cheat our elections? You wanna screw Americans out of true votes? We’re coming, [expletive]. You’d better [expletive] hide.”

“Intimidation of election officials strikes at the very heart of our democracy,” said U.S. Attorney Tara McGrath for the Southern District of California. “Even just one case can have a ripple effect.  This office will aggressively prosecute any attempt to intimidate, threaten, or frighten election officials as they engage in these critical duties.”

“Election integrity starts with protecting those we entrust to administer elections,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We appreciate the admirable efforts of the Recorder’s Office and Elections Department in Maricopa County to efficiently register Arizonans as eligible voters, and to accurately and transparently tabulate their votes.”

“Individuals who work to ensure the integrity of our elections should not have to worry about their safety while working for the American people,” said Acting Special Agent in Charge TJ Holland of the FBI San Diego Field Office. “We will continue to collaborate with our local, state, and federal law enforcement partners to protect election officials and prosecute anyone who threatens to harm them.”

Hyde is charged with one count of communicating an interstate threat. If convicted, he faces a maximum penalty of five years in prison.

The FBI San Diego Field Office is investigating the case, with substantial assistance from the FBI Phoenix Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Seth Askins for the Southern District of California are prosecuting the case, with substantial assistance from Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Indictment

TUCSON, Ariz. – Esteban Terrazas, 56, of Tucson, was sentenced last week by United States District Judge Jennifer G. Zipps to 87 months in prison. Terrazas pleaded guilty to Possession with Intent to Distribute Methamphetamine on October 27, 2023.

On August 10, 2021, law enforcement officers stopped Terrazas for a traffic violation and found approximately one pound of methamphetamine and a loaded handgun in his possession. Terrazas admitted that he intended to sell the methamphetamine and that he was prohibited from possessing a gun. Terrazas has multiple prior felony convictions, the most recent being for manslaughter, that prohibit him from possessing firearms.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Homeland Security Investigations, the Drug Enforcement Administration, and the Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR 21-2360-TUC-JGZ
RELEASE NUMBER:    2024-019_Terrazas

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TUCSON, Ariz. – Javier Alejandro Ramos-Velderrain, 23, of Tucson, was sentenced last week by United States District Judge Scott H. Rash to 21 months in prison. On October 23, 2023, a jury convicted Ramos-Velderrain of Making a False Statement During the Purchase of a Firearm.

On November 4, 2020, U. S. Customs and Border Protection officers stopped Luis Manuel Bray-Vasquez as he attempted to enter the Republic of Mexico at the Mariposa Port of Entry in Nogales in an SUV. When told to turn off the engine, Bray-Vasquez, a U.S. Consulate employee, put the car in drive and attempted to flee into Mexico. Port officials were able to close the gates and stop the vehicle from escaping into Mexico and Bray-Vasquez was arrested. A search of the SUV revealed 15 firearms, including a Barrett BMG .50 caliber rifle, broken down and hidden in a blue bag. Bray-Vasquez was subsequently prosecuted and sentenced on August 24, 2021, by United States District Judge Jennifer G. Zipps, to 46 months in prison after he pleaded guilty to Smuggling Goods from the United States (CR-21-00655-TUC-JGZ).

Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began an investigation into the source of the 15 firearms and traced the 12 firearms that had serial numbers. Based on the tracing, ATF discovered that Javier Alejandro Ramos-Velderrain purchased the Barrett BMG .50 caliber firearm from 2A Ballistic Solutions, a federal firearms licensee (FFL), just 22 days prior to it being intercepted at the border. When he purchased the Barrett rifle, Ramos-Velderrain filled out and certified under penalty of perjury the ATF Form 4473, the Firearms Transaction Record, which records the identifying information of the buyer when purchasing a firearm from an FFL. At the time, Ramos-Velderrain knowingly listed a false address as his residence. This delayed the investigation, as agents were unable to locate Ramos-Velderrain. When agents found him, Ramos-Velderrain stated that he sold the firearm for $7,000 to a person who responded to an internet sale advertisement. He was unable to provide any information as to whom and when he allegedly sold the firearm. The Barrett BMG .50 caliber rifle is one of the most highly powered firearms that can be purchased outside of the military as it has massive destructive power. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, and U.S. Customs and Border Protection conducted the investigation in this case. Assistant U.S. Attorneys Serra M. Tsethlikai and Evan N. Wesley, District of Arizona, Tucson, handled the prosecution. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution of Luis Manuel Bray-Vasquez.
 

CASE NUMBER:           CR-21-03282-SHR
RELEASE NUMBER:    2024-018_Ramos-Velderrain

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TUCSON, Ariz. – Heather Alissa Neff, 38, of Lee’s Summit, Missouri, was sentenced last week by United States District Judge Scott H. Rash to 18 months in prison, and 36 months of supervised release. Neff pleaded guilty to Accepting a Bribe by a Public Official on August 31, 2023.

From 2016 through June 2019, Neff worked as a corrections officer in the Bureau of Prisons facility at FCI Safford where she regularly interacted with inmates. In early 2019, Neff entered into an inappropriate sexual relationship with an inmate incarcerated at FCI Safford. Neff received cash in exchange for a stream of benefits to the inmate, including sexual contact with the inmate; introducing contraband into the prison, which included nutritional supplements, loose tobacco, hygiene items, and rum; and assisting the inmate in circumventing a security feature of the prison by taking mail from the inmate out of the prison and inserting it into the U.S. mail on his behalf. Neff also accessed the BOP SENTRY system on behalf of the inmate and provided him with non-public information regarding other inmates. As a part of the plea, Neff acknowledged that one of the inmates she provided information about was later assaulted.

Department of Justice Office of the Inspector General conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson handled the prosecution.
 

CASE NUMBER:           CR-23-00204-SHR-BGM
RELEASE NUMBER:    2024-017_Neff

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On Feb. 7 and 8, the Justice Department’s National Security Division hosted a summit in Phoenix, Arizona, to commemorate the one-year anniversary of the launch of its Disruptive Technology Strike Force – an interagency law enforcement effort aimed at preventing critical technologies from being acquired by authoritarian regimes and hostile nation-states.

Strike Force co-leads Assistant Attorney General (AAG) Matthew G. Olsen of the Justice Department’s National Security Division and Assistant Secretary for Export Enforcement Matthew Axelrod of the Commerce Department’s Bureau of Industry and Security (BIS), were joined in Phoenix by U.S. Attorney Gary Restaino for the District of Arizona. Deputy Attorney General Lisa O. Monaco delivered virtual remarks to commemorate the one-year anniversary and highlighted all the progress that has been made since she first announced the creation of the Strike Force a year ago.

The two-day event began with a law enforcement-only day focused on case studies, best investigative practices, briefings on cutting-edge technologies, and one-year reports from all 15 of the local cells. On the second day, the Strike Force was joined by private sector and academia representatives from across the country for sessions describing the work of the Strike Force across multiple subject areas, corporate compliance, best practices for building trade compliance programs, and law enforcement outreach efforts. Along with U.S. government officials, the summit consisted of presenters from the private sector and academia, including officials from Arizona State University, which hosted the event at its Sandra Day O’Connor College of Law.

Members of the Ukrainian government attended the summit as honored guests to present on the use of advanced technology by Russia in its unlawful and full-scale war of aggression against Ukraine, and how the work of the Strike Force can assist Ukraine’s war efforts. Yuriy Bielousov, the Head of the War Crimes Department in the Office of the Prosecutor General; Dr. Nataliia Nestor, the Deputy Director of the Kyiv Scientific Research Institute of Forensic Expertise in the Ministry of Justice; and Vladyslav Vlasiuk, an advisor on sanctions in the Office of the President of Ukraine represented Ukraine at the summit. The three were among the Ukrainian officials with whom AAG Olsen and Assistant Secretary Axelrod met during their trip to Kyiv in late 2023. The Strike Force is grateful for its close partnership with the Ukrainian government.

During the event, AAG Olsen and Assistant Secretary Axelrod announced the expansion of the Strike Force to three new metropolitan areas and formally recognized the Defense Department’s Defense Criminal Investigative Service (DCIS) as a partner in the Strike Force. All five agencies that make up the Strike Force—the Justice Department’s National Security Division, the Commerce Department’s BIS, the FBI, the Department of Homeland Security’s Homeland Security Investigations (HSI), and DCIS—were represented at the one-year summit.

In addition to the co-leads of the Strike Force, attendees included Ryan Buchanan, the U.S. Attorney for the Northern District of Georgia; Jill Steinberg, the U.S. Attorney for the Southern District of Georgia; Markenzy Lapointe, the U.S. Attorney for the Southern District of Florida; Alamdar Hamdani, the U.S. Attorney for the Southern District of Texas; Ismail Ramsey, the U.S. Attorney for the Northern District of California; Joshua Levy, the Acting U.S. Attorney for the District of Massachusetts; Raj Parekh, the First Assistant U.S. Attorney for the Eastern District of Virginia; Grant Fleming, the Deputy Director for Investigative Operations at DCIS; and James Mancuso, the Assistant Director for HSI.

PHOENIX, Ariz. – Dinero Devon Washington, 46, of Phoenix, was sentenced last week by United States District Judge Michael T. Liburdi to 24 months in prison, to be followed by 36 months of supervised release. Washington pleaded guilty to Conspiracy to Transport Illegal Aliens on September 7, 2023.

On April 16, 2021, Washington and his co-conspirator, Alina Pablo, approached the fixed Border Patrol checkpoint in Ajo in a Ford F-150. Border Patrol agents noted five other passengers in the vehicle, all wearing camouflaged clothing with backpacks and carpeting on their shoes, indicators of having recently crossed the border between Mexico and the United States. Questioning by agents confirmed that all five passengers were citizens and nationals of Mexico or Guatemala with no permission to enter the United States and had recently been picked up by Washington and Pablo. Subsequent searches of Washington’s cell phone revealed detailed evidence of the planning and logistics of the smuggling effort, including pin drops, maps, and text messages. Pablo, Washington’s co-conspirator, pleaded guilty to her role in the offense and will be sentenced later this year.

Homeland Security Investigations-Phoenix office conducted the investigation in this case. Assistant U.S. Attorney Louis Uhl, District of Arizona, Yuma, handled the prosecution.
 

CASE NUMBER:            CR-22-00544-MTL-2
RELEASE NUMBER:    2024-016_Washington

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PHOENIX, Ariz. – Jill Marie Jones, 37, formerly of Chandler, was sentenced on Monday by United States District Judge Dominic W. Lanza to 78 months in prison, followed by 25 years of supervised release. Jones pleaded guilty to Concealment of Funds Intended to Support Acts of Terrorism. 

As early as 2019, Jones regularly posted anti-American content on social media platforms because she believed the United States military unjustly treated Muslims overseas. In 2020, Jones began communicating online with a person she believed to be a member of al Qaeda, but who was in fact working for the FBI. On May 10, 2020, when asked by this individual if she supported al Qaeda and their struggle against the kuffar (non-believers), Jones responded, “Yes, I do.” Jones communicated with this individual about traveling to Afghanistan to support al Qaeda because “supporting AQ against the oppressors would be an honour.” 

On May 18, 2020, when asked whether she could spare any money to buy weapons for al Qaeda to kill American soldiers, Jones responded that, while she was not well-off financially, the U.S. government’s COVID stimulus checks presented an opportunity: “The timing is interesting. Since because of coronavirus we all got government money. Free money basically. ... [I]t would be most ironic the money from that goes for this . . . They give us free money, and I turn it around on them.”

Jones agreed to send money, via a prepaid credit card. After researching prepaid cards online, Jones determined that an online purchase could be traced back to her because it required the disclosure of personal information. In order to conceal the source, ownership, and control of her funds, Jones traveled to a national retail store and purchased a $500 prepaid credit card using the COVID stimulus money provided to her by the U.S. government. She then sent the card information to the purported al Qaeda member with the message, “may it help them to be victorious.” Jones intended for these funds to be used by al Qaeda to purchase rifle scopes for use against American soldiers in Afghanistan.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Amy Chang, David Pimsner, and Lisa Jennis, District of Arizona, Phoenix handled the prosecution.
 

CASE NUMBER:            CR-20-0634-PHX-DWL
RELEASE NUMBER:    2024-015_Jones

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Driver Who Transported Alien in a Toolbox Also Found Responsible for Sexual Assault

TUCSON, Ariz. – Luis Carlos Ballesteros-Moreno, 43, of Hermosillo, Mexico, recently living in Tucson, was sentenced last week by United States District Judge John C. Hinderaker to 72 months in prison, followed by three years of supervised release. On September 20, 2023, Ballesteros-Moreno pleaded guilty to Transportation of Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person.

On March 27, 2023, Ballesteros-Moreno was encountered by United States Border Patrol agents at the State Route 90 checkpoint. At the time, he appeared to be the only occupant of his vehicle, a Chevrolet Silverado pickup truck. Approximately an hour into the encounter, Ballesteros-Moreno informed agents that a female person was hidden inside a commercial-sized toolbox mounted in the truck bed. Upon opening the toolbox, agents discovered an 18-year-old female. She was determined to be an undocumented noncitizen that Ballesteros-Moreno was transporting for financial gain. The young woman reported to law enforcement that she had been sexually assaulted by Ballesteros-Moreno during the transportation.

During sentencing, evidence was presented substantiating the sexual assault. The judge found that Ballesteros-Moreno created a substantial risk of death or serious bodily injury via the method of transporting the young woman in the exterior toolbox, and that he sexually assaulted and involuntarily detained her during the transportation.

Customs and Border Protection’s United States Border Patrol, Tucson Sector, and the Cochise County Sheriff’s Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            23-CR-00542-TUC-JCH  
RELEASE NUMBER:    2024-014_Ballesteros-Moreno

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PHOENIX, Ariz. – David Allen Harbour, 50, of Scottsdale, was sentenced on Tuesday by United States District Judge Douglas L. Rayes, to eight years in prison. After a five-week trial, a jury convicted Harbour of crimes involving wire fraud and transactional money laundering on March 2, 2023. On March 7, 2023, Harbour also pleaded guilty to tax evasion, agreeing that he evaded more than $4 million in taxes.

According to the evidence introduced at trial, Harbour acted as a self-styled investment advisor and defrauded numerous investors between 2007 and 2021. Harbour misrepresented the nature of the various investments and omitted material facts. The total loss to investors exceeded $8 million. Harbour diverted money to pay for a lavish lifestyle including numerous private country club memberships, expensive jewelry, multimillion dollar vacation residences, private jet travel, speed boats, luxury vehicles, and extravagant parties that included a private concert at his 40th birthday party by the 1970’s rock band the Eagles. Some of these items were seized by the government during the investigation, including a Patek Philippe watch, a Rolex watch, gold and diamond jewelry, and two country club memberships. The proceeds from these items will be used towards partial restitution for the victims. At sentencing, the judge specifically increased Harbour’s sentence for his efforts at tampering with witnesses prior to trial by paying or attempting to pay them off in exchange for not testifying against him.

“The defendant will have eight years in federal prison to reflect on his long-term pattern of deception,” said U.S. Attorney Gary Restaino. “Justice for the victims continues, as we work to determine the final amount of restitution, and to use the forfeited assets to restore some of the losses.”

“This eight-year prison sentence stands as a reminder that IRS CI will diligently investigate and hold accountable those who seek to defraud the American public,” said IRS CI Phoenix Field Office Acting Special Agent in Charge Carissa Messick. “And, by teaming with our federal partners, we will continue to aggressively investigate corruption at every level.”

“This sentence sends a clear message that those who commit financial fraud will be held accountable,” said FBI Phoenix Special Agent in Charge Akil Davis. “Investors should expect nothing less than complete candor and truth from their investment advisors. The FBI and our agency partners will continue to identify, investigate and pursue those who perpetrate criminal schemes for their own profit.”

This case was investigated by the Internal Revenue Service (IRS)-Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorneys Kevin M. Rapp and Coleen Schoch, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-19-00898-PHX-DLR
RELEASE NUMBER:    2024-013_Harbour

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PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for October 1, 2023, to December 31, 2023. These cases are prosecuted in partnership with the Tucson and Yuma Sectors of the Customs and Border Protection’s U.S. Border Patrol, along with Homeland Security Investigations, and assistance from other federal, state, and county agencies. In the three-month period ending December 31, 2023, the United States brought criminal charges in Arizona against 1,662 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 190 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. In this time period, the United States also prosecuted 77 reactive drug cases arising out of immigration ports of entry and checkpoints. 

Reducing migrant smuggling and mitigating the risk to communities impacted by these offenses continues to be a priority for the Office and its law enforcement partners. Some of these prosecutions are directed against leaders and coordinators of alien smuggling organizations. Other prosecutions are aimed at deterring young adult drivers, often recruited over social media platforms, from engaging in this dangerous activity. Prosecutions against young drivers include cases brought against seven juvenile smugglers during this time period.

Protecting law enforcement officers is a key part of border vigilance.  During this time period federal prosecutors brought charges against four defendants accused of assaulting federal officers.

These statistics represent United States Attorney’s Office prosecutions only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
 

RELEASE NUMBER:    2024-012_2023 Fourth Quarter Immigration Enforcement Statistics

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Tucson, Ariz. – Nicole Shermaine Martinez, 40, of Sells, was sentenced yesterday by United States District Judge Cindy K. Jorgenson to 27 months in prison, followed by three years of supervised release. A jury found Martinez guilty of Conspiracy to Transport Illegal Aliens and Transportation of Illegal Aliens on November 8, 2023. Martinez also was sentenced to six months in prison for violating conditions of her federal probation from a prior alien smuggling conviction.

On January 18, 2023, Martinez picked up two undocumented non-citizens, including a 17-year-old unaccompanied minor, near the village of Menagers Dam on the Tohono O’odham Indian Reservation. She was apprehended by United States Border Patrol agents as she was driving the individuals further into the United States. Martinez had previously been convicted of alien smuggling after she transported four undocumented non-citizens, including two in the trunk of her car, also through the Tohono O’odham Indian Reservation. Martinez was placed on five years of probation but violated her conditions of probation by committing the new offense five months after she was sentenced.  

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-01459-TUC-CKJ-MAA
                                      CR-23-00081-TUC-CKJ-MAA

RELEASE NUMBER:    2024-011_Martinez

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PHOENIX, Ariz. –David Michael Hanson, 41, of Phoenix, was arrested on Wednesday for making online threats against the President and Vice-President. Hanson was charged by federal criminal complaint on Tuesday with five counts of Threats Against the President and Successors to the Presidency and five counts of Interstate Communication of Threats.

The complaint alleges that in November and December of 2023, while living in Arizona, Hanson used a social media platform to post threats to murder the President and Vice President of the United States. On November 19, 2023, Hanson posted online a series of threatening statements including one that stated, “#joeAndKamala I’m asking you to resign on Monday your alternative is death brutally murdered.” After the U.S. Secret Service spoke to Hanson and warned him that it was a federal crime to post such threats, on December 23, 2023, Hanson posted another series of similar threats aimed at the President and Vice-President.

Each count of Threats Against the President and Successors to the Presidency carries a maximum sentence of five years in prison, a fine of up to $250,000, and up to three years of supervised release. Each 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 United States Secret Service is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution.
 

CASE NUMBER:           24-6010MJ
RELEASE NUMBER:    2024-010_Hanson

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TUCSON, Ariz. – Jesus Hector Lagarda-Gil, 45, of Mexico, was sentenced Monday by United States District Judge Scott H. Rash to 11 years in prison and five years of supervised release. The court also ordered that Lagarda-Gil forfeit a 2018 Mazda CX5 automobile and $148,000 in United States currency. Lagarda-Gil pleaded guilty to Conspiracy to Distribute Methamphetamine on September 21, 2023.

A co-defendant, Jesus Omar Encincas-Burruel, previously pleaded guilty and was sentenced to four years in prison and three years of supervised release on December 1, 2023.

Lagarda-Gil negotiated and coordinated the delivery of over 300 pounds of methamphetamine to undercover agents during a four-month period in 2022. On March 29, 2022, Lagarda-Gil met with an undercover agent in Las Vegas, Nevada, and personally delivered 45 pounds of methamphetamine to the agent after receiving the methamphetamine from Encinas-Burruel. In June of 2022, Lagarda-Gil traveled to Las Vegas again and delivered another 61 pounds of methamphetamine to the undercover agent. On July 1, 2022, Lagarda-Gil was arrested after delivering 217 pounds of methamphetamine to agents.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Homeland Security Investigations – Tucson office and the Federal Bureau of Investigation – Tucson office conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-22-1607-TUC-SHR 
RELEASE NUMBER:    2024-009_LaGarda-Gil

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PHOENIX, Ariz. – Maria Mendoza-Mendoza, aka “La Guera,” 51, of Honduras, pleaded guilty yesterday to Conspiracy to Transport Illegal Aliens for Profit. The sentencing hearing is scheduled for April 2, 2024, before United States District Judge Raner C. Collins.

Mendoza-Mendoza admitted that she was a leader of a smuggling organization that smuggled over 100 migrants from Honduras into the United States, and that, as a leader, she coordinated alien smuggling and money laundering events. Mendoza-Mendoza admitted she told a co-conspirator she would “bleed out” a guide as punishment and that she stated that a migrant whose family did not pay his fee would be thrown “back in the desert.” She also admitted that the smuggling organization used firearms and that the smuggling involved dangerous risks to the migrants. The government of Honduras extradited Mendoza-Mendoza to the United States in June 2023 to face these charges.   

A conviction for Conspiracy to Transport Illegal Aliens for Profit carries a maximum penalty of 10 years in prison.

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, 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-Sells office conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-18-00078-RCC-MAA
RELEASE NUMBER:    2024-008_Mendoza-Mendoza

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TUCSON, Ariz. – Flavia Annang, 60, of Hagerstown, Maryland, was sentenced last week by United States District Judge John C. Hinderaker to 48 months in prison and ordered to pay over $1 million in restitution to 19 victims. Annang pleaded guilty to Conspiracy to Commit Money Laundering on March 9, 2023. 

Between May 2018 and April 2022, Annang laundered money for scammers who lured victims into various online frauds. In some instances, the victims believed they were sending money to support an online romantic partner who falsely stated they needed to pay taxes and fees to release an inheritance or gold bars. The stories told to the victims by the scammers were fraudulent. The scammers directed the victims’ monies into accounts controlled by Annang and her co-conspirator. When Annang and her co-conspirator received the fraudulent monies, they kept a fee for themselves, and then transferred the funds to Ghana. Annang and her co-conspirator set up phony businesses and then opened business bank accounts to hide the transfer of the fraudulently obtained funds. The FBI traced over $4 million, sent by 106 victims, through Annang’s and her co-conspirator’s bank accounts. One Arizona victim lost nearly $5 million to the scams, sending over $1 million to Annang’s and her co-conspirator’s accounts and the remaining money to multiple other individuals. Annang’s co-conspirator pleaded guilty to Conspiracy to Commit Money Laundering and was sentenced to 48 months in prison on January 3, 2024.

This case was prosecuted as part of the Department of Justice’s Elder Justice Initiative. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10 a.m. to 6 p.m. Eastern Time, Monday-Friday. English, Spanish, and other languages are available.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Mary Sue Feldmeier, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-22-00893-JCH-1
RELEASE NUMBER:    2024-007_Annang

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TUCSON, Ariz. – Ryan Schlesinger, 31, of Tucson, was sentenced yesterday by United States District Court Judge Raner C. Collins to life in prison for second-degree murder, plus consecutive sentences of 20 years for attempted murder and 50 years for discharging a firearm during the commission of a violent offense.

In November 2023, a federal jury convicted Schlesinger of second-degree murder of a federal officer, three counts of attempted murder of a federal officer, four counts of assault of a federal officer, and five counts of discharging a firearm during the commission of a violent offense.

On November 29, 2018, deputies with the United States Marshals’ Arizona Wanted Violent Offender Task Force attempted to serve a felony arrest warrant on Schlesinger for allegedly stalking a Tucson Police Department (TPD) sergeant. While the Task Force attempted to execute the arrest warrant, Schlesinger outfitted himself in body armor. Schlesinger refused to exit his residence and opened fire on the deputies who were outside his window. Deputy U.S. Marshal Chase White was shot twice in the upper torso and died a short time later.

Prior to the murder, Schlesinger had been in a yearlong dispute with the TPD. Schlesinger sent multiple threatening emails, went to a TPD officer’s parents’ home, and attempted to arrest a TPD sergeant. Despite being under multiple active injunctions against harassment, Schlesinger possessed three firearms in violation of those court-issued injunctions. Schlesinger sent a final threatening email to the TPD hours before the murder. After murdering Deputy White, Schlesinger surrendered to the TPD, wearing the body armor and a ballistic helmet.

Deputy White was 41 years old. He is survived by his wife and four children. He was also a lieutenant colonel with the United States Air Force Reserve. Deputy White was the first Deputy U.S. Marshal killed in the line of duty in Tucson in 66 years.

“The courage of survivors was on display this week in federal court,” said United States Attorney Gary Restaino. “I am grateful to the family of Deputy U.S. Marshal Chase White for sharing poignant memories of their wonderful son, husband and father; and I am mindful of the valor of the men and women of the Marshals Service.”

“This sentencing finalized the FBI’s efforts to hold Ryan Schlesinger accountable for his senseless act of violence. The diligence and fairness of the legal process has guaranteed Schlesinger will no longer be able to cause harm to law enforcement or members of the Tucson community," said Special Agent in Charge Akil Davis of the FBI’s Phoenix Field office. "The FBI will not waiver in its pursuit of justice no matter how long it takes."

“Deputy U.S. Marshal Chase White tragically lost his life in the line of duty while bravely safeguarding the community from a dangerous and violent individual,” said Acting U.S. Marshal Van Bayless. “Chase epitomizes the ideals of a dedicated Guardian and compassionate man who extended his help to those in need. His legacy will live on through the United States Marshals Service and his extraordinary family."

The Federal Bureau of Investigation conducted the investigation in this case. Assistant United States Attorneys Sarah B. Houston and Jane L. Westby, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-18-02719-TUC-RCC
RELEASE NUMBER:    2024-006_Schlesinger

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TUCSON, Ariz. – Nathanael Alley Rivera, 23, of Eloy, was sentenced last week by United States District Judge Jennifer G. Zipps to 71 months in prison followed by three years of supervised release. Rivera pleaded guilty on September 6, 2023, to Conspiracy to Transport Illegal Aliens for Profit for his supervisory role in a criminal conspiracy to transport hundreds of undocumented noncitizens for financial gain.

From May 2021 through November 2022, Rivera recruited drivers and mid-level coordinators for alien smuggling transportation by posting solicitations on Snapchat. The Snapchat posts often included photos of large sums of money, firearms, and requests for drivers to move undocumented noncitizens from locations near the United States/Mexico border further into the United States. While committing these crimes, Rivera used Snapchat to communicate directly with his mid-level coordinators who would then communicate with the transport drivers. The conspiracy involved the transportation of hundreds of undocumented noncitizens, and Rivera bragged to other co-conspirators about transporting people in overcrowded vehicles and in generally unsafe conditions. He also used minors to facilitate certain smuggling events.

During the first months of the conspiracy, Rivera was on probation for a previous alien smuggling conviction.

Homeland Security Investigations - Douglas office conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-22-02699-TUC-JGZ-JR

RELEASE NUMBER:    2024-005_Rivera

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PHOENIX, Ariz. – Justin Eric Lindsay, 28, was arrested Saturday morning by the Federal Bureau of Investigation for a string of bank robberies committed between August 12, 2023, and January 6, 2024. Lindsay was charged by federal criminal complaint with committing five bank robberies and one attempted bank robbery.

The complaint alleges that, since August 2023, Lindsay has robbed five banks, including branches of Chase and U.S. Bank. According to the complaint, Lindsay would enter a bank and hand a teller a demand note for money. At four of the robberies, Lindsay claimed he had a gun, although no firearm was ever shown. On Saturday, Lindsay was arrested shortly after robbing a U.S. Bank branch in Mesa.  

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 United States will have up to 30 days from arrest to seek an indictment of Lindsay.

The Federal Bureau of Investigation conducted the investigation in this case, with assistance from the Mesa and Tempe police departments. Assistant United States Attorney Ben Goldberg, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           24-09042MJ
RELEASE NUMBER:    2024-004_Lindsay

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PHOENIX, Ariz. – On Monday, the U.S. Attorney for the District of Arizona, Gary M. Restaino, hosted an Advisory Board to discuss the unique challenges faced by law enforcement operating along the State’s southern border. In attendance were key officials from the Tohono O’odham Police Department, Phoenix Police Department, Cochise County Sheriff’s Office, Cochise County Attorney’s Office, Pima County Attorney’s Office, Maricopa County Attorney’s Office, United States Border Patrol, the Arizona Department of Homeland Security, and the United States Attorney’s Office.

The Unified Border Command – formally known as the Alliance to Combat Transnational Threats (“ACTT”) – is a collaborative initiative aimed at fostering coordination, information-sharing, policy development, and strategic planning among federal, state, and local law enforcement agencies operating along the U.S. – Mexico border. Arizona’s Alliance was formed in 2011, and its members currently include border Sheriffs, the Arizona Attorney General, the Department of Public Safety, the Arizona High Intensity Drug Trafficking Area (“HIDTA”), and federal law enforcement partners. The dangers and complexities of border security require a unified approach. To that end, the ACTT bylaws establish an additional Advisory Board of state and local law enforcement agencies, coordinated by the United States Attorney.

The Unified Command Advisory Board is committed to supporting ACTT in its mission of safeguarding our borders and protecting the communities served, and to providing operational guidance and input via stakeholders from around the State.  
 

RELEASE NUMBER:    2024-003_Unified Command Advisory Board

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TUCSON, Ariz. – Whitney Adams, 27, of Hagerstown, Maryland, was sentenced last week by United States District Judge John C. Hinderaker to 48 months in prison and ordered to pay over $1 million in restitution to 17 victims. Adams pleaded guilty to Conspiracy to Commit Money Laundering on May 16, 2023.

Between January 2021 and April 2022, Adams laundered money for scammers who lured victims into various online frauds. In some instances, the victims believed they were sending money to support an online romantic partner who falsely stated they needed to pay taxes and fees to release an inheritance or gold bars. The stories told to the victims by the scammers were fraudulent. The scammers directed the victims’ monies into accounts controlled by Adams and her co-conspirator. When Adams and her co-conspirator received the fraudulent monies, they kept a fee for themselves, and then transferred the funds, via trade-based money laundering or other means, to Ghana. Adams and her co-conspirator set up phony businesses and then opened business bank accounts to hide the transfer of the fraudulently obtained funds. The FBI traced $4,437,604, sent by 106 victims, through Adams’ and her co-conspirator’s bank accounts. One Arizona victim lost nearly $5 million to the scams, sending over $1 million to Adams’ and her co-conspirator’s accounts and the remaining money to multiple other individuals. Adams’ co-conspirator pleaded guilty to Conspiracy to Commit Money Laundering and is scheduled to be sentenced on January 18, 2024.

This case was prosecuted as part of the U.S. Department of Justice’s (DOJ) Elder Justice Initiative. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This DOJ hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step and can help authorities identify fraudsters and recoup losses. The hotline is staffed 10 a.m. to 6 p.m. Eastern Time, Monday-Friday. English, Spanish, and other languages are available.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Mary Sue Feldmeier, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-22-00893-JCH-2
RELEASE NUMBER:    2024-002_Adams

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TUCSON, Ariz. – Michael J. Sobcynski, 64, of Tucson, was ordered last week by United States Magistrate Judge Michael A. Ambri to pay a fine and $180,000 in restitution to the United States Forest Service for his role in the fire dubbed as the “Molino II Fire.” Sobcynski pleaded guilty to Use of Incendiary Ammunition.

On April 30, 2023, Sobcynski was target shooting in the Molino Basin target shooting area of the Coronado National Forest. His shotgun was loaded with incendiary rounds, which ignited multiple small fires and ultimately caused a wildfire that burned within the Coronado National Forest. Fire suppression costs exceeded $200,000. 

Investigators from the United States Forest Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           23-mj-09176-MAA
RELEASE NUMBER:    2024-001_Sobcynski

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PHOENIX, Ariz. – Vivian A. Earle, 42, of Phoenix, was sentenced yesterday to 109 months in prison by United States District Judge G. Murray Snow. Earle was convicted on five counts of Bank Robbery by a jury on June 30, 2023.

Between April and August of 2019, while in Phoenix, Earle robbed five banks, including Wells Fargo, Chase, and Bank of America, taking over $34,000. After the last robbery, a bank customer followed Earle’s vehicle from the parking lot and called 911. Phoenix Police responded and followed Earle until they apprehended him.  

The Federal Bureau of Investigation and the Phoenix Police Department conducted the investigation in this case. Assistant United States Attorneys Gayle Helart and Anthony Church, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-19-01121-PHX-GMS
RELEASE NUMBER:    2023-207_Earle

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TUCSON, Ariz. – Jorge Zazueta-Miranda, 51, of Agua Prieta, Sonora, Mexico, was sentenced last week by United States District Judge Rosemary Márquez to 90 months in prison. The sentence is to run consecutive to a previous Illegal Re-Entry of a Removed Alien conviction and sentence from New Mexico. Zazueta-Miranda pleaded guilty to Assault on a Federal Officer with a Dangerous Weapon on June 23, 2023.

On April 1, 2020, U.S. Border Patrol agents near Douglas observed two yellow, cloned “construction” trucks with construction company logos on the sides. Agents stopped one truck, which contained 19 undocumented non-citizens. The second truck, driven by Zazueta-Miranda, failed to stop and sped up. Zazueta-Miranda drove at high speeds through the city of Douglas to the airport area, then continued along the border road into the rugged desert area. A Border Patrol agent attempted to intercept the truck, but Zazueta-Miranda deliberately turned towards the agent’s vehicle and collided with it striking the rear quarter panel. Zazueta-Miranda backed up and then drove towards a break in the U.S. border wall, striking a second agent’s vehicle. Zazueta-Miranda and several undocumented non-citizens jumped out of the truck and fled through the break in the border wall, successfully fleeing into Mexico. Agents recovered a latent print from the driver’s side door belonging to Zazueta-Miranda. A witness, who had been abandoned in the second cloned construction truck, identified Zazueta-Miranda, by a photo, as the driver, and an arrest warrant was issued. Almost two years later, on February 9, 2022, Zazueta-Miranda was arrested in New Mexico after being caught near the New Mexico – Mexico border.

The Federal Bureau of Investigation, Sierra Vista field office, with assistance from Customs and Border Protection’s United States Border Patrol, conducted the investigation in this case. Assistant U.S. Attorneys Serra M. Tsethlikai and Evan N. Wesley, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-22-00681-TUC-RM
RELEASE NUMBER:    2023-206_Zazueta-Miranda

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TUCSON, Ariz. – On December 14, 2023, a federal grand jury returned a 40-count indictment against Kevin McKenzie, 47, and Corina Martinez, 41, of Tucson. McKenzie and Martinez were charged with Conspiracy to Embezzle from an Indian Tribal Organization; Embezzlement; Theft Concerning Programs Receiving Federal Funds; Wire Fraud; Conspiracy to Commit Wire Fraud; Conspiracy to Commit Money Laundering; and Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity. McKenzie was also charged with Attempted Tampering with a Witness. 

The indictment alleges that, from 2015 through July 2023, McKenzie, first as Chief Operating Officer and then as CEO of Apache Behavioral Health Services (ABHS), engaged in a scheme to defraud millions of dollars from ABHS. ABHS is organized by and under the laws of the White Mountain Apache Tribe to provide behavioral health services to its members. McKenzie used two contracts as a front to funnel money from ABHS to himself. Under the first contract, ABHS paid over $32 million to Helping Everyday Youth (HEDY). Thereafter, based on an agreement with McKenzie, HEDY funneled over $14 million in fraudulent proceeds to a shell company McKenzie owned. McKenzie concealed this backdoor financial arrangement from ABHS. McKenzie made significant efforts to hide his scheme through money laundering and attempted to persuade a witness to lie to investigators.  

The indictment also alleges that McKenzie, again as CEO for ABHS, and Martinez through her company Evolved, LLC, entered a phony “referral” contract to embezzle additional money from ABHS. Using this agreement, McKenzie caused ABHS to pay $15 million to a second Martinez company, Evolved Healthcare Inc. (EHI). Portions of the fraudulent proceeds were split amongst McKenzie and Martinez. Martinez gave McKenzie large sums of money, paid at least $800,000 of his personal credit card bills, and purchased other luxury items, including a $128,000 Rolls Royce Ghost and a $952,000 home for McKenzie’s family. EHI and Evolved LLC did not perform any services for ABHS.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Federal Bureau of Investigation conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Tucson, Financial Crimes and Public Corruption Section, is handling the prosecution.
 

CASE NUMBER:           CR-23-02258-TUC-SHR
RELEASE NUMBER:    2023-205_McKenzie/Martinez

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TUCSON, Ariz. – Clifford Valisto, 63, of Tucson, was sentenced last week by United States District Judge John C. Hinderaker to 60 months in prison, followed by three years of supervised release. Valisto pleaded guilty to Transportation of Illegal Aliens for Profit on October 2, 2023. Valisto also was sentenced to 12 months in prison to run concurrently for violating conditions of his federal supervised release from a prior alien smuggling conviction.

On July 19, 2023, Valisto picked up six undocumented non-citizens, including a 15-year-old unaccompanied minor, in a Ford F-150. Witnesses reported that Valisto was having difficulty controlling his vehicle, and appeared to be falling asleep as he approached a Border Patrol checkpoint. United States Border Patrol agents found all passengers to be present in the United States illegally.

Valisto previously had been convicted of Conspiracy to Transport Illegal Aliens for Profit, CR-18-01843-TUC-DCB, and Conspiracy to Transport an Illegal Alien, CR-11-01345-TUC-DCB.

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           23-CR-01213-TUC-JCH
RELEASE NUMBER:    2023-204_Valisto

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PHOENIX, Ariz. – On Tuesday, a federal grand jury in Phoenix returned a 50-count indictment against Jeremie Sowerby, 45, of Fountain Hills, for wire fraud and transactional money laundering.

The indictment alleges that Sowerby scammed at least 150 victims out of millions of dollars in a cryptocurrency scheme known as Dunamis Global Technologies. Sowerby marketed Dunamis as a company that sold cryptocurrency mining machines to be hosted in Dunamis warehouse facilities in Lakeside and Tempe, which he falsely claimed to own. Sowerby informed victim-investors that they were purchasing cryptocurrency mining machines with unique serial numbers associated with each victim’s cryptocurrency wallet. In reality, Sowerby directed most of the victim funds to accounts under his control. Any “earnings” were directed to a Dunamis wallet controlled by Sowerby, and victims were never able to access their invested money or any purported profits. Instead, Sowerby stole the money and used it for himself, including purchasing Teslas, residential properties, cryptocurrency, and other expensive items.

Sowerby was previously charged, along with co-defendant Luis Ortega, in a 55-count indictment alleging that Sowerby and Ortega scammed hundreds of victims out of millions of dollars in a cryptocurrency investment scheme under the guise of three entities: Now Mining, VIP Mining, and Millennium Technologies. Sowerby was also previously charged for defrauding an Arizona physician through what he claimed to be an exclusive hedge fund investment opportunity called “Justice Capital.” Both cases remain pending.

A conviction for wire fraud carries a maximum penalty of 20 years’ imprisonment and a fine of up to $250,000, or both. A conviction for transactional money laundering carries a maximum penalty of 10 years’ imprisonment and a fine of up to $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 and the Internal Revenue Service (IRS)-Criminal Investigation are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

The FBI and IRS-CI believe that additional victims of Sowerby’s investment fraud schemes remain unidentified. Anyone who believes they were defrauded by the defendant in this case should contact the Victim Witness Section at the U.S. Attorney’s Office for the District of Arizona at [email protected] or fill out the questionnaire at this link: https://www.fbi.gov/how-we-can-help-you/victim-services/seeking-victim-information/seeking-potential-victims-of-jeremie-sowerby-luis-ortega-fraud-schemes.
 

CASE NUMBER:           CR-23-01757-PHX-SMB
RELEASE NUMBER:    2023-203_Sowerby

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PHOENIX, Ariz. – Victor Alfonso Apodaca Aguilar, 22, of Mexico, was sentenced last week by United States District Judge Douglas L. Rayes to 12 months in prison, followed by three years of supervised release.

Aguilar’s co-defendants, Jose Bernardo Vega-Ruiz, 27, and Hector Alvarado-Aboyte, 29, were each sentenced on November 20, 2023, to 15 months in prison followed by three years of supervised release. All three men, undocumented non-citizens from Los Mochis, Sinaloa, Mexico, pleaded guilty to Alien in Possession of a Firearm.

On March 9, 2023, the three men were living at a house in Phoenix where a federal search warrant was executed. Five firearms, including a “ghost gun,” were located at the residence.

Customs and Border Protection’s United States Border Patrol, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives, conducted the investigation in this case. Assistant U.S. Attorney Lisa E. Jennis, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-510-PHX-DLR
RELEASE NUMBER:    2023-201_Aguilar

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PHOENIX, Ariz. – Michael Lee Tomasi, 37, of Rio Verde, Arizona, was arrested on Friday after a grand jury indicted him on three counts of Threat Against a Federal Official and three counts of making Interstate Threats.

From May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including elected officials, a judge, and federal officials and law enforcement officers. The charges against Tomasi relate to threats he made in Arizona to federal law enforcement agents and employees.

“The threats of violence against public officials alleged in this indictment are abhorrent,” said Attorney General Merrick B. Garland. “The defendant is specifically charged with threatening to kill FBI agents and other FBI employees just for doing their jobs. I am deeply proud of the work the FBI does every day; its personnel should not have to deal with threats against themselves as they work to protect the American people. The Justice Department will not stand for such heinous behavior and will prosecute threats against its employees to the fullest extent of the law.”

“Threats against law enforcement personnel like those alleged in this indictment are not just polemics, they are illegal under federal law and corrosive to civic life and dialogue," said United States Attorney Gary Restaino.

Each count alleging Threat Against a Federal Official carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and up to three years of supervised release. Counts alleging Interstate Threat carry a maximum sentence of five years in prison, a fine of up to $250,000, 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 is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution.
 

CASE NUMBER:           CR-23-01751-PHX-DWL
RELEASE NUMBER:    2023-202_Tomasi

 

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Michael Lee Tomasi, 37, of Rio Verde, Arizona, was arrested on Friday after a grand jury indicted him on three counts of threats against a federal official and three counts of making interstate threats.

According to court documents, from May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including elected officials, a judge, and federal officials and law enforcement officers. The charges against Tomasi relate to threats he made in Arizona to federal law enforcement agents and employees.

“The threats of violence against public officials alleged in this indictment are abhorrent,” said Attorney General Merrick B. Garland. “The defendant is specifically charged with threatening to kill FBI agents and other FBI employees just for doing their jobs. I am deeply proud of the work the FBI does every day; its personnel should not have to deal with threats against themselves as they work to protect the American people. The Justice Department will not stand for such heinous behavior and will prosecute threats against its employees to the fullest extent of the law.”

“In this country, there’s a right way and a wrong way to express your views under the Constitution, and violence or threats of violence is not it,” said FBI Director Christopher Wray. “The men and women of the FBI work tirelessly and selflessly to protect others every day, and we will continue to work with our partners to hold accountable those who make violent threats against them or any of our colleagues in law enforcement.”

“Threats against law enforcement personnel like those alleged in this indictment are not just polemics, they are illegal under federal law and corrosive to civic life and dialogue,” said U.S. Attorney Gary Restaino for the District of Arizona.

If convicted, Tomasi faces a maximum penalty of 10 years in prison and a $250,000 fine for each count of making threats against a federal official, and a maximum penalty of five years in prison and a $250,000 fine for each count of making interstate threats.

The FBI is investigating the case. The U.S. Attorney’s Office for the District of Arizona is handling the prosecution.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

On Nov. 29, a federal grand jury in Tucson returned an 11-count indictment against Jorge Damian Roman-Figueroa, Luis Eduardo Roman-Flores, Manuel Jose Bernal, Joel Salazar-Ballesteros, and Jesus Armando Gonzalez-Villela, all of Mexico, for conspiracy to transport aliens; conspiracy to launder monetary instruments; conspiracy to distribute marijuana, methamphetamine, fentanyl, and cocaine; distribution of  marijuana, methamphetamine, fentanyl, and cocaine; and brandishing a firearm in furtherance of a drug trafficking crime.

“These actions are the latest in a long line of the Justice Department’s efforts to dismantle, piece-by-piece, violent cartels like Malasa Manas and Sinaloa,” said Attorney General Merrick B. Garland. “We will continue to target and prosecute the leaders and associates of the criminal groups responsible for poisoning the American people with fentanyl and endangering vulnerable migrants for profit.”

The indictment alleges that defendants Jorge Damian Roman-Figueroa, also known as Soldado, Luis Eduardo Roman-Flores, Manuel Jose Bernal, also known as Peque, and Joel Salazar-Ballesteros, also known as Catorce, are members of the Malas Manas Transnational Criminal Organization (TCO), operating in the Santa Cruz and Mascarenas areas of Mexico, with the permission of the Sinaloa Cartel. 

The indictment alleges that these defendants operated a human smuggling organization as part of the Malas Manas TCO, trafficked drugs, and laundered the proceeds of both criminal activities. More specifically, the indictment alleges that beginning at an unknown time but including December 2020 and continuing through Nov. 12, 2021, defendants Roman-Figueroa, Roman-Flores, Bernal, and Salazar-Ballesteros conspired to transport aliens within the United States as part of the Malas Manas Transnational Criminal Organization. 

The indictment alleges that between January 2019 and August 2023, Roman-Figueroa, Roman-Flores, and Salazar-Ballesteros conspired to launder the profits of alien smuggling and drug smuggling through the movement of monetary instruments from the United States to the Republic of Mexico. 

The indictment further alleges that from 2019 until 2023 Roman-Figueroa, Bernal, Salazar-Ballesteros, and Gonzalez-Villela conspired to distribute and did distribute various quantities of fentanyl, marijuana, methamphetamine, and cocaine. Finally, the indictment alleges that Bernal brandished a firearm in furtherance of a drug trafficking crime involving methamphetamine on Feb. 3, 2021. The most serious of these crimes carries a maximum penalty of life in prison, and a fine of up to $10,000,000. 

“DEA’s top operational priority is to defeat the two criminal organizations responsible for the influx of fentanyl into the United States — the Sinaloa and Jalisco Cartels. As alleged in the indictment, these defendants worked with the Sinaloa Cartel to send fentanyl and other deadly drugs into the United States,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “Today’s actions demonstrate that DEA will relentlessly pursue every member and associate of these global criminal organizations, which threaten the public health, safety, and national security of the American people.”

“The facts alleged here illustrate the breadth and diversity of the harmful actions by transnational criminal organizations,” said U.S. Attorney Gary Restaino for the District of Arizona. “This case isn’t about just guns, or drugs, or aliens. In our continuing efforts to safeguard and bolster border communities, we look forward to establishing the interconnectedness of these three related crimes.”

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. This case also involves the OCDETF Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Homeland Security Investigations Nogales, DEA Tucson Division, and the FBI OCDETF Strike Force in Tucson conducted the investigation in this case. Assistant U.S. Attorneys Rui Wang, Arturo Aguilar, and David Petermann for the District of Arizona worked on the investigation.

Assistant U.S. Attorney David Petermann for the District of Arizona is prosecuted the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

TUCSON, Ariz. – On November 29, 2023, a federal grand jury in Tucson returned an 11-count indictment against Jorge Damian Roman-Figueroa, Luis Eduardo Roman-Flores, Manuel Jose Bernal, Joel Salazar-Ballesteros, and Jesus Armando Gonzalez-Villela, citizens of Mexico, for Conspiracy to Transport Aliens; Conspiracy to Launder Monetary Instruments; Conspiracy to Distribute Marijuana, Methamphetamine, Fentanyl, and Cocaine; Distribution of  Marijuana, Methamphetamine, Fentanyl, and Cocaine; and Brandishing a Firearm in Furtherance of a Drug Trafficking Crime.

“These actions are the latest in a long line of the Justice Department’s efforts to dismantle, piece-by-piece, violent cartels like Malasa Manas and Sinaloa,” said Attorney General Merrick B. Garland. “We will continue to target and prosecute the leaders and associates of the criminal groups responsible for poisoning the American people with fentanyl and endangering vulnerable migrants for profit.”

The indictment alleges that defendants Jorge Damian Roman-Figueroa, also known as Soldado, Luis Eduardo Roman-Flores, Manuel Jose Bernal, also known as Peque, and Joel Salazar-Ballesteros, also known as Catorce, are members of the Malas Manas Transnational Criminal Organization (TCO), operating in the Santa Cruz and Mascarenas areas of Mexico, with the permission of the Sinaloa Cartel. 

The indictment alleges that these defendants operated a human smuggling organization as part of the Malas Manas TCO, trafficked drugs, and laundered the proceeds of both criminal activities.  More specifically, the indictment alleges that beginning at an unknown time but including December 2020 and continuing through November 12, 2021, defendants Roman-Figueroa, Roman-Flores, Bernal, and Salazar-Ballesteros conspired to transport aliens within the United States as part of the Malas Manas Transnational Criminal Organization. 

The indictment alleges that between January 2019 and August 2023, defendants Roman-Figueroa, Roman-Flores, and Salazar-Ballesteros conspired to launder the profits of alien smuggling and drug smuggling through the movement of monetary instruments from the United States to the Republic of Mexico. 

The indictment further alleges that from 2019 until 2023 Roman-Figueroa, Bernal, Salazar-Ballesteros, and Gonzalez-Villela conspired to distribute and did distribute various quantities of fentanyl, marijuana, methamphetamine, and cocaine.  Finally, the indictment alleges that Bernal brandished a firearm in furtherance of a drug trafficking crime involving methamphetamine on February 3, 2021.  The most serious of these crimes carries a minimum mandatory term of 10 years and up to a maximum term of life in prison, and a fine of up to $10,000,000. 

“DEA’s top operational priority is to defeat the two criminal organizations responsible for the influx of fentanyl into the United States— the Sinaloa and Jalisco Cartels.   As alleged in the indictment, these defendants worked with the Sinaloa Cartel to send fentanyl and other deadly drugs into the United States,” said DEA Administrator Anne Milgram.  “Today’s actions demonstrate that DEA will relentlessly pursue every member and associate of these global criminal organizations, which threaten the public health, safety, and national security of the American people.”

“The facts alleged here illustrate the breadth and diversity of the harmful actions by transnational criminal organizations,” said United States Attorney Gary Restaino.  “This case isn’t about just guns, or drugs, or aliens.  In our continuing efforts to safeguard and bolster border communities, we look forward to establishing the interconnectedness of these three related crimes.”

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

This 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. This case also involves the OCDETF Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Homeland Security Investigations – Nogales Office, the Drug Enforcement Administration – Tucson Office, and the Federal Bureau of Investigation OCDETF Strike Force in Tucson conducted the investigation in this case. Assistant U.S. Attorneys (AUSA) Rui Wang, Arturo Aguilar, and David Petermann worked on the investigation.  AUSA David Petermann is handling the prosecution.
 

CASE NUMBER:           CR-23-01975-TUC-JCH (AMM)
RELEASE NUMBER:    2023-200_Roman-Figueroa, et al.

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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TUCSON, Ariz. – Jeremy Espuma, 31, of Sells, was sentenced Monday by United States District Judge Scott H. Rash to 248 months in prison for child exploitation offenses. Espuma, a member of the Tohono O’odham Nation, pleaded guilty to Child Exploitation by way of Production of Child Pornography on March 22, 2023. Upon release from prison, Espuma will be placed on lifetime supervised release with sex offender conditions and will be required to register as a sex offender.

The case against Espuma arose after undercover agents from the Federal Bureau of Investigation discovered that he was sharing child exploitation material online. A subsequent investigation led to the identification of a child victim that Espuma had sexually abused. Espuma had also distributed images of the child and offered access to the child in exchange for money in the online forum where he was found by law enforcement. The investigation also led to the identification of another individual with whom Espuma shared the images. That offender, Kyle Adam Haney, was sentenced to 120 months in prison on August 31, 2023.

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.

The Federal Bureau of Investigation in Tucson, Arizona and Knoxville, Tennessee, and the Tohono O’Odham Police Department conducted the investigation in this case. Assistant U.S. Attorneys Carin Duryee and Scott Turk, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-02971-TUC-SHR
RELEASE NUMBER:    2023-198_Espuma

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/q
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TUCSON, Ariz. – Pilar Angel Leon-Beltran, 44, of Sinaloa, Mexico, was sentenced last week by United States District Judge Jennifer G. Zipps to 144 months in prison. Leon-Beltran pleaded guilty to Conspiracy to Possess with Intent to Distribute Fentanyl and Possession of a Firearm in Furtherance of a Drug Trafficking Crime on March 22, 2023. Leon-Beltran also admitted to being in violation of a condition of his supervised release from a previous federal conviction.

In April of 2022, Leon-Beltran traveled with three co-conspirators from Tucson to the Phoenix metropolitan area. Leon-Beltran and his co-conspirators were subsequently stopped by federal agents and Arizona DPS Troopers in Scottsdale during an undercover operation. Approximately 90,000 counterfeit oxycodone pills containing fentanyl were discovered in their possession. Leon-Beltran had a loaded firearm in his possession while he was transporting the fentanyl-laced pills.

Co-conspirator Enrique Flores-Diaz pleaded guilty to Conspiracy to Possess with Intent to Distribute Fentanyl and was sentenced to 78 months in prison on February 3, 2023. Co-conspirator Denisse Calderon-Razura pleaded guilty to Conspiracy to Possess with Intent to Distribute Fentanyl and was sentenced to 15 months in prison on June 28, 2023. Co-conspirator Laura Elena Hambrick has pleaded guilty to Accessory After the Fact. She is scheduled to be sentenced on January 18, 2024.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Operation. The OCDETF Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The investigation in this case was conducted by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Arizona Department of Public Safety. Assistant U.S. Attorney David Petermann, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-22-1094-JGZ-JR
RELEASE NUMBER:    2023-197_Leon-Beltran

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. – Nathan Hernandez, 20, of Yuma, pleaded guilty to Possession with Intent to Distribute Fentanyl last week. The sentencing hearing is scheduled for March 25, 2024, before United States District Judge Michael T. Liburdi.

Hernandez admitted that on November 3, 2023, he entered the United States through the San Luis Port of Entry in San Luis, Arizona, with 115.04 pounds of fentanyl pills hidden in a non-factory compartment of his 2020 Dodge Ram. Hernandez further admitted that he possessed the fentanyl with the intent to deliver it to another person. In his plea agreement, Hernandez agreed to forfeit the 2020 Dodge Ram used to transport the fentanyl pills into the United States.

A conviction for Possession with Intent to Distribute Fentanyl carries a maximum penalty of 20 years in prison and a fine of up to $1,000,000.

Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorney Matthew D. Doyle, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           CR-23-01674-MTL
RELEASE NUMBER:    2023-199_Hernandez

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TUCSON, Ariz. – Adbiel Martinez-Barrera, 21, of Guerrero, Mexico, was sentenced last week by United States District Judge Scott H. Rash to 13 months and 1 day in prison. Martinez-Barrera pleaded guilty to Assault of a Federal Officer and Improper Entry by an Alien on September 6, 2023. 

On May 5, 2023, a United States Border Patrol agent responded to a call from a Border Patrol camera operator who had spotted two suspected undocumented non-citizens in Douglas. The agent went to the area and located the two subjects, a male and a female, hiding in the brush. The agent was in the process of arresting the female when the male, Martinez-Barrera, who was bigger and heavier than the agent, mounted the agent from behind causing them both to fall to the ground. Martinez-Barrera tried to suffocate the agent by placing his hand over her mouth and nose, restricting her ability to breathe. Martinez-Barrera finally released the agent and fled the area but was later apprehended by other agents who arrived to assist. Martinez-Barrera had illegally crossed into the United States earlier that night.

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-23-00777-TUC-SHR
RELEASE NUMBER:    2023-195_Martinez-Barrera

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. – Donald Day, Jr., 58, of Heber, was arrested on Friday, on a federal arrest warrant after a federal grand jury indicted him on two counts of Interstate Threats.

From January 2022 to February 2023, Day used social media platforms to express a desire to incite violence and threaten a variety of groups and individuals, including law enforcement and government authorities. As to Count One, following the killing of two Queensland (Australia) Police Service officers in December 2022, Day posted a video on YouTube threatening any law enforcement official who came to his residence. Separately, as to Count Two, Day threatened to kill a victim (the Director General of the World Health Organization) in February 2023 on the video platform BitChute, calling on others to join him.

Each count carries a maximum sentence of five years in prison, a fine of up to $250,000, 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 conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution.
 

CASE NUMBER:            CR-23-8132-PCT-JJT
RELEASE NUMBER:    2023-196_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/
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