District of Arizona
Press releases recorded for this federal judicial district.
Tucson Man Sentenced to 24 Months for Assault by StrangulationRead the Press Release
TUCSON, Ariz. – Andrew Barthalomew Trujillo, 38, of Tucson, Arizona, was sentenced December 5, 2022, by United States District Judge John C. Hinderaker to 24 months in prison. Trujillo previously pleaded guilty to Assault by Strangulation.
Evidence presented at trial disclosed that Trujillo strangled the victim by placing his hands around her throat and applied enough pressure that the victim lost consciousness. Both Trujillo and the victim are enrolled members of the Pascua Yaqui Tribe.
The Federal Bureau of Investigation and Pascua Yaqui Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-1602-TUC-JCH-DTF
RELEASE NUMBER: 2022-222_Trujillo# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Man Indicted for Making Threats to Arizona State Election OfficialRead the Press Release
A federal grand jury in Phoenix returned an indictment today charging an Ohio man for allegedly sending threatening communications to an election official with the Arizona Secretary of State’s Office.
According to court documents, on or about Aug. 2, Joshua Russell, 44, of Bucyrus, allegedly left the following voicemail for an election official with the Arizona Secretary of State’s Office (Victim‑1): “This message is for traitor [Victim-1’s full name]. You’ve drug your feet, you’ve done nothing, to protect our election for 2020. You’re committing election fraud, you’re starting to do it again, from day one. You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”
Additionally, according to the indictment, on or about Sept. 9, Russell allegedly left the following voicemail for Victim-1: “This message is for terrorist [Victim-1’s last name]. The only reason you’re still walking around on this planet is because we’re waiting for the midterms to see you prosecuted for the crimes you have done to our nation. You are a terrorist. You are a derelict criminal. And you have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”
Finally, according to the indictment, on or about Nov. 15, Russell allegedly left the following voicemail for Victim-1: “This message is for communist, criminal, [Victim-1’s full name]. We will not endure your crimes on America another day. You’ve been busted, over and over again. We will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”
Russell is charged with three counts of making a threatening interstate communication and three counts of making a threatening interstate telephone call. He was arrested and made his initial court appearance on Dec. 12. If convicted, Russell faces a maximum penalty of five years in prison for each count of making a threatening interstate communication and two years in prison for each count of making a threatening interstate telephone call. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Gary M. Restaino for the District of Arizona, and Special Agent in Charge Akil Davis of the FBI Phoenix Field Office made the announcement.
The FBI Phoenix Field Office is investigating the case, with the assistance of the FBI Cleveland resident agency in Mansfield.
Trial Attorney Tanya Senanayake of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sean K. Lokey 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 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 United States Attorneys’ Offices throughout the country. A year after its formation, the Task Force is continuing this work and supporting the United States 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 Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the 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 here: https://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: 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
Phoenix Man Sentenced to 120 Months for Child Exploitation OffensesRead the Press Release
TUCSON, Ariz. – Henry Salome Ramos, 38, of Phoenix, Arizona, was sentenced last week, by United States District Judge Jennifer G. Zipps to 120 months in prison for child exploitation offenses. Ramos previously pleaded guilty to Distribution and Possession of Child Pornography. Upon release, Ramos will be placed on lifetime supervised release with sex offender conditions and will be required to register as a sex offender.
The case against Ramos developed in March 2020, after United States Border Patrol agents encountered Robert Allen Yost smuggling undocumented non-citizens. A search of Yost’s phone revealed child exploitation content exchanged with Ramos. The investigation also revealed that Yost offered Ramos methamphetamine in exchange for sexual access to a child. The intended sexual activity with the child did not take place due to intervening circumstances. Yost was previously sentenced to 188 months in prison for his offenses.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Customs and Border Protection’s U.S. Border Patrol and Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorneys Jared Kreamer Hope and Carin Duryee, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-02523-JGZ-JR
RELEASE NUMBER: 2022-221_Ramos# # #
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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23-Year-Old Charged with Assaulting a Border Patrol AgentRead the Press Release
TUCSON, Ariz. – Last week, United States Border Patrol (USBP) agents arrested Edy Eduardo Sicajan-Jochola, 23, of Guatemala, for Assault on a Federal Officer and Improper Entry by an Alien.
The complaint alleges that on November 29, 2022, the victim located two suspected undocumented individuals near Sasabe, Arizona. As the victim approached the two individuals, Sicajan-Jochola took off his backpack and swung it at the victim, striking the victim in the face and shoulder. The force of the strike caused the victim to fall to the ground. Sicajan-Jochola fled from the victim but was later apprehended and arrested. USBP agents were unable to apprehend the other individual. After an interview, agents learned Sicajan-Jochola was a non-U.S. citizen without legal permission to enter or remain in the United States.
Assault on a Federal Officer carries a maximum penalty of eight years in prison and a fine of up to $250,000, or both.
Improper Entry by an Alien carries a maximum penalty of six months in federal prison and a fine of up to $5,000, or both.
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.
Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Nathaniel Walters, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: MJ-22-07848-N/A-EJM
RELEASE NUMBER: 2022-220_Sicajan-Jochola# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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U.S. Attorney’s Office Hosts Community Event as Part of DOJ’s United Against Hate InitiativeRead the Press Release
PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona held its first United Against Hate event yesterday, at the First Institutional Baptist Church in Phoenix, Arizona. The event provided an opportunity for an informative and interactive discussion with community leaders from the Phoenix African-American community. Approximately 60 invited guests and community leaders attended the event, focused on establishing a dialogue and increasing community understanding and reporting of hate crimes and hate incidents.
The event, planned as the first in a series, is part of the Department of Justice’s United Against Hate initiative. The program seeks to help local community members have a better understanding of hate crimes and how to report them to law enforcement. Attorney General Merrick B. Garland recently announced the nationwide launch of the initiative and the District of Arizona had previously been chosen as one of the original 16 cohorts to help launch the program.
“Upholding the civil and constitutional rights of all Arizonans lies at the very core of the Justice Department’s mission,” said Gary Restaino, U.S. Attorney for the District of Arizona. “I am honored that my office was selected as part of the first wave to launch this initiative. My office is deeply committed to working with community members and leaders, our law enforcement partners, and other organizations to combat hate crimes.”
Yesterday’s event featured a panel discussion comprised of community leaders, moderated by DOJ’s Community Relations Service. The panel discussion allowed attendees to hear directly from leaders in the community, who shared their thoughts, concerns, and experiences with hate crimes and incidents. The event also included presentations from the FBI, the Phoenix Police Department, and members of the United States Attorney’s Office. Presenters provided interactive presentations, video clips, and hypotheticals to highlight the difference between hate crimes and incidents, emphasize the importance of reporting unlawful acts of hate, and explain the role that local and federal law enforcement play in hate crime and incident investigations.
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: 2022-218_United Against Hate Event
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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 Man Sentenced to 15 Years for Distributing Fentanyl Resulting in DeathRead the Press Release
TUCSON, Ariz. – Yesterday, United States District Judge Jennifer G. Zipps sentenced Oscar Sun Acuna, Jr., 36, of Tucson, Arizona, to 15 years in prison, followed by five years of supervised release. Additionally, Acuna forfeited a .40 caliber handgun and ammunition. Acuna previously pleaded guilty to Distribution of Fentanyl Resulting in Death in connection with the overdose death of a young woman in May 2020.
In May 2020, Acuna sold two pills containing fentanyl to the victim and her boyfriend for $30. At his arrest, the defendant was in possession of a loaded handgun, 73 fentanyl pills, hundreds of dollars in cash, and Narcan.
In a press release earlier this month, the DEA announced as part of its One Pill Can Kill public service campaign, that six out of every 10 fentanyl-laced pills tested so far in 2022 contain a potentially lethal dose of fentanyl (https://www.dea.gov/alert/dea-laboratory-testing-reveals-6-out-10-fentanyl-laced-fake-prescription-pills-now-contain).
Homeland Security Investigations and the Tucson Police Department conducted the investigation in this case. Assistant U.S. Attorney Stefani Hepford, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-01564-TUC-JGZ (MSA)
RELEASE NUMBER: 2022-219_Acuna# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Dilkon Woman Sentenced to 51 Months for Abusing and Injuring a Young ChildRead the Press Release
PHOENIX, Ariz. – Melody Gwen Nez, 32, of Dilkon, Arizona, was sentenced on November 21, 2022, by United States District Judge Dominic W. Lanza to 51 months in prison, followed by three years of supervised release. Nez previously pleaded guilty to Assault Resulting in Serious Bodily Injury.
For at least several weeks in the summer of 2021, Nez abused a five-year-old child in her care. The abuse culminated in an August 19, 2021, incident in which Nez threw the child from a moving vehicle, seriously injuring the child. The abuse occurred on the Navajo Nation, where Nez is an enrolled member.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Alanna Kennedy and Alexander Samuels, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-8130-PCT-DWL
RELEASE NUMBER: 2022-217_Nez# # #
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 Couple Sentenced to 5 Years for Stealing $5 Million from InvestorsRead the Press Release
TUCSON, Ariz. – On November 15, 2022, Michael Feinberg, 73, and Betsy Feinberg, 80, both of Tucson, Arizona, were sentenced by United States District Judge James A. Soto to 60 months in prison, followed by three years of supervised release. In April 2022, a jury found the Feinbergs guilty of multiple counts of securities and wire fraud.
Michael and Betsy Feinberg operated Catharon Software Corporation as husband and wife. The Feinbergs claimed they had produced revolutionary software called VDelta that would generate enormous returns for investors and philanthropists. For almost 15 years, the Feinbergs lured investors with false promises about the software’s completion, release date, and capabilities. Their victims included friends and associates recruited through various community organizations in Sedona, Arizona, where the Feinbergs resided at the time. In addition to paying themselves salaries, the Feinbergs used investor money for a wide variety of personal expenses, including their home mortgage.
A restitution hearing to address the approximately $5 million in victim losses is scheduled for December 13, 2022.
The Federal Bureau of Investigation conducted the investigation in this case with assistance from the Arizona Corporation Commission. The Financial Crimes and Public Corruption Section of the U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-18-01786-JAS-DTF
RELEASE NUMBER: 2022-216_Feinbergs# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Pinon Man Sentenced to 202 Months for Second Degree MurderRead the Press Release
PHOENIX, Ariz. – On November 14, 2022, Kelly Joyce, 38, of Pinon, Arizona, was sentenced by United States District Judge Dominic W. Lanza to 202 months in prison, followed by five years of supervised release. Joyce previously pleaded guilty to Second Degree Murder.
On March 2, 2020, Joyce, an enrolled member of the Navajo Nation, shot and killed the victim. The crime occurred in Pinon.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorney Jillian Besancon, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-20-08093-PCT-DWL
RELEASE NUMBER: 2022-215_Joyce# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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McNary Man Sentenced to 180 Months for Abusive Sexual Contact of a ChildRead the Press Release
PHOENIX, Ariz. – On November 7, 2022, Keenan Sherman Johnson, 26, of McNary, Arizona, was sentenced by United States District Judge Steven P. Logan to 180 months in prison, followed by lifetime supervised release. Johnson, an enrolled member of the White Mountain Apache Tribe, previously pleaded guilty to Abusive Sexual Contact of a Child.
In October 2018, the victim disclosed to her school counselor that Johnson had repeatedly sexually abused her several years before. When interviewed, Johnson admitted committing some of the acts, and apologized.
The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Jennifer E. LaGrange, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08128-PCT-SPL
RELEASE NUMBER: 2022-214_Johnson# # #
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. – Dominic Tyah Watchman, 20, of Lupton, Arizona, and a member of the Navajo Nation, was sentenced on November 2, 2022, by United States District Judge Susan M. Brnovich to 66 months in prison, followed by three years of supervised release. Watchman previously pleaded guilty to robbery.
On November 7, 2021, at a rest stop in Lupton, Arizona, Watchman approached the 82-year-old victim and tried to get him to turn over the keys to his vehicle. When the victim refused, Watchman pepper sprayed him, knocked him to the ground, and fled the rest stop in the victim’s vehicle.
The Federal Bureau of Investigation, the Arizona Department of Public Safety, and the Navajo Department of Criminal Investigations conducted the investigation in this case. Assistant U.S. Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08137-PCT-SMB
RELEASE NUMBER: 2022-213_Watchman# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Bapchule Man Sentenced to Nearly Six Years for ShootingRead the Press Release
PHOENIX, Ariz. – On November 1, 2022, Anthony Manuel, 38, of Bapchule, Arizona, was sentenced by United States District Judge Susan M. Brnovich to 71 months in prison, followed by three years of supervised release. Manuel previously pleaded guilty to Assault Resulting in Serious Bodily Injury.
On February 20, 2021, Manuel, an enrolled member of the Gila River Indian Community, shot the victim once in the upper leg.
The Gila River Police Department conducted the investigation in this case. Assistant U.S. Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-00635-PHX-SRB
RELEASE NUMBER: 2022-212_Manuel# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.24-Year-Old Tucson Man Sentenced to 14 Months and Fined $10,000 for Alien SmugglingRead the Press Release
TUCSON, Ariz. – On November 8, 2022, Michael Ernesto Abril, 24, of Tucson, Arizona, was sentenced by United States District Judge John C. Hinderaker to 14 months in prison, followed by three years of supervised release. Judge Hinderaker also ordered Abril to pay a $10,000 fine. Abril previously pleaded guilty to Transporting Illegal Aliens for Profit.
On November 17, 2021, U.S. Border Patrol (USBP) agents observed Abril erratically driving a U-Haul box truck at a high rate of speed near Arivaca, Arizona. After an attempted immigration stop, Abril eventually pulled over but then fled from the agents on foot. USBP agents were able to apprehend Abril and arrest him. Inside the box of the U-Haul truck, agents discovered five undocumented noncitizens who had illegally entered the United States.
U.S. Border Patrol, Tucson Sector, conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-3188-TUC-JCH-LCK
RELEASE NUMBER: 2022-211_Abril# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Violent Crime Initiative Yields Multiple Federal Indictments and Arrests on the San Carlos Apache Indian ReservationRead the Press Release
PHOENIX, Ariz. – Seventeen individuals were indicted federally, with most being arrested, following an intensive violent crime initiative on the San Carlos Apache Indian Reservation. The charges filed in this investigation include arson, aggravated assault, firearms violations, domestic violence assaults, assault against an officer, child abuse, sexual assault, kidnapping, manslaughter, and murder.
The Federal Bureau of Investigation led the investigation, with significant assistance from the Bureau of Indian Affairs, the San Carlos Apache Tribal Police Department, and the San Carlos Apache Tribal Prosecutor’s Office.
Maximum sentences for convictions of these offenses range from five years to life in prison, with a maximum fine of $250,000. In determining an actual sentence, federal judges will consult the United States Sentencing Guidelines, which provide appropriate sentencing ranges. The judges, however, are not bound by those guidelines in determining a 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 competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Assistant U.S. Attorneys Thomas C. Simon and Dimitra H. Sampson, District of Arizona, Phoenix, are handling the prosecution.
CASE NUMBER: CR-22-1353-PHX-DJH CR-22-1351-PHX-MTL
CR-22-1354-PHX-JJT CR-22-1350-PHX-DWL
CR-22-1348-PHX-DLR CR-22-1352-PHX-MTL
CR-22-1129-PHX-DJH CR-22-01233-PHX-SMB
CR-22-01347-PHX-DLR CR-22-01355-PHX-SMB
CR-22-01345-PHX-JJT CR-22-01346-PHX-MTL
CR-22-00774-PHX-JJT CR-22-01179-PHX-DLR
CR-22-01181-PHX-DWL CR-22-01182-001-PHX-GMS
CR-22-01182-002-PHX-GMSRELEASE NUMBER: 2022-208_Pahe 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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Man Sentenced to 33 Months for Threatening Port OfficialsRead the Press Release
TUCSON, Ariz. – On November 2, 2022, John Milton Lee, 63, of Las Vegas, Nevada, was sentenced by United States District Judge James A. Soto to 33 months in prison. On May 16, 2022, Lee was convicted by a federal jury of Smuggling Goods from the United States and Impeding and Threatening a Federal Officer.
On November 1, 2019, Lee disrupted operations at the Lukeville Port-of-Entry in an hour-long armed standoff where he repeatedly threatened to shoot and kill five United States Customs and Border Protection (CBP) officers with a FN High Power 88 semi-automatic 9 mm handgun tucked into his coat. Lee also had a fully loaded AR-15 assault rifle within arm’s reach, as well as three fully loaded 30-round high-capacity AR-15 magazines in his pocket during the armed standoff. As Lee made repeated threats to shoot the officers, the officers could see the defendant’s hand and wrist muscles moving on the firearm hidden in his coat. The officers did not use lethal force and instead spent nearly an hour trying to de-escalate the dangerous situation and negotiated with Lee to try to get him to surrender – to no avail.
This armed standoff had a significant impact on the lives of Lee’s victims. One officer testified that, since that potentially deadly day, he has worn his body armor every day at work – even in the stifling heat of the Arizona summer – because he realized “what could have been lost” and that “any border inspection could erupt into a dangerous situation.”
The officers were finally able to gain control over Lee after they tased him when it became clear that he would not surrender on his own accord. At sentencing, Judge Soto told Lee that he was lucky to be alive and that the officers were particularly patient and had shown great restraint .
After Lee was arrested, a search of his vehicle revealed an additional six firearms including a Tavor Model SAR .223 caliber firearm; a HK 91 .308 caliber rifle; a .22 caliber rifle; two .45 caliber firearms; and a .44 Mag caliber firearm. All of the firearms were fully loaded with a round in the chamber and ready to fire. Also discovered were 1,962 rounds of ammunition. Lee had more firepower in his vehicle than all the officers on scene combined.
Homeland Security Investigations, Sells, conducted the investigation in this case, with the assistance of CBP. Assistant U.S. Attorneys Angela Martinez and Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-19-2946-TUC-JAS-LAB
RELEASE NUMBER: 2022-210_Lee# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Gilbert Man Sentenced to 33 Months for Dealing in Firearms Without a LicenseRead the Press Release
PHOENIX, Ariz. – Chris Oliver, 24, of Gilbert, Arizona, was sentenced on October 17, 2022, by United States District Judge Douglas L. Rayes to 33 months in prison. Oliver previously pleaded guilty to Dealing in Firearms Without a License.
Oliver was indicted for conspiracy to purchase firearms from Arizona gun stores using false statements in order to resell those firearms for profit. Oliver and his co-defendants, Dion Delpino, 24, of Gilbert, Arizona, Michael Troy Kelly, Jr., 24, of Tempe, Arizona, and Eric Roy Rathbun, II, 24, of Chandler, Arizona, were also charged with 76 instances of making a false statement during the purchase of firearms. All of Oliver’s co-conspirators have pleaded guilty to making false statements and are pending sentencing.
From July 2019 through November 2020, Oliver and his co-conspirators purchased at least 123 firearms for the purpose of selling them for a profit. Oliver then resold those firearms, mostly handguns, for a profit. Thirty of those handguns were recovered by law enforcement: 28 in or around Oakland, California, and two in the Phoenix metro area. Many of these firearms were recovered from prohibited possessors—persons who are legally prohibited from possessing firearms. Six were recovered in six separate homicide investigations, including one incident in which Stockton (California) Police Officer Jimmy Arty Inn was murdered while responding to a domestic violence call. Oliver was a manager of this criminal enterprise: he directed his co-conspirators to purchase weapons on his behalf. Oliver, Kelly, and Delpino were first indicted in August 2021; additional counts against Oliver and Rathbun were added in May 2022.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, many stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Phoenix, Mesa, Gilbert, and Scottsdale Police Departments, as well as Homeland Security Investigations and the Commercial Narcotics Interdiction Unit of the Phoenix Police Department, conducted the investigation in this case. Assistant U.S. Attorney Coleen Schoch, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-00600-DLR-PHX
RELEASE NUMBER: 2022-209_Oliver, et al# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Peoria Business Owner Sentenced to 24 Months for Tax EvasionRead the Press Release
PHOENIX, Ariz. – Sung Hwan Lee, 64, of Peoria, Arizona, was sentenced on October 26, 2022, by United States District Judge David G. Campbell, to 24 months in prison, followed by three years of supervised release. Lee previously pleaded guilty to Tax Evasion on March 23, 2022.
Lee owns and operates BBB Fashion, a chain of clothing stores in and around Phoenix and Tucson, Arizona. Between 2012 and 2016, Lee implemented a scheme to avoid paying taxes he owed on income earned through BBB Fashion. At Lee’s direction, his employees gave him the cash received from sales and then prepared false sets of records omitting the cash receipts. Through this cash-skimming scheme, Lee underreported his income for tax years 2012-2016 by $9,355,894, resulting in a tax loss of $3,696,786 to the federal government.
BBB Fashion’s bookkeeper, Young Bok Lee, previously pleaded guilty to Conspiracy to Defraud the United States. Young Bok Lee is scheduled to be sentenced December 1, 2022, by United States District Judge Susan R. Bolton.
IRS-Criminal Investigation conducted the investigation in this case. Assistant U.S. Attorney Caitlin Noel, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-00212-PHX-DGC
RELEASE NUMBER: 2022-207_Lee# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Laveen Man Sentenced to Five Years for Possessing Methamphetamine with Intent to DistributeRead the Press Release
PHOENIX, Ariz. – On October 31, 2022, Sherwin Tracy Lewis, 48, of Laveen, Arizona, was sentenced by United States District Judge Douglas L. Rayes to five years in prison, followed by four years of supervised release.
Between June 7, 2021, and June 21, 2021, Lewis possessed 152 grams of methamphetamine within the confines of the Gila River Indian Community. Lewis pleaded guilty on April 28, 2022, to Possession with Intent to Distribute five grams or more of Actual Methamphetamine.
The Gila River Police Department and the Bureau of Indian Affairs conducted the investigation in this case. Assistant U.S. Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-01016-01-PHX-DLR
RELEASE NUMBER: 2022-206_Lewis# # #
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 Woman Sentenced to Prison for Paycheck Protection Loan FraudRead the Press Release
PHOENIX, Ariz. – Celestine Coletta Strong, 46, of Phoenix, Arizona, was sentenced October 31, 2022, by United States District Court Judge Susan M. Brnovich to five years in prison. The court also ordered Strong to pay $327,448 in restitution and surrender her 2016 Mercedes-Benz E400 and 2018 Dodge Challenger. Strong previously pleaded guilty to one count of Conspiracy to Commit Wire Fraud.
Strong fraudulently obtained loans from the CARES Act Paycheck Protection Program, a program designed to help small businesses meet their payroll obligations during the COVID-19 pandemic. Strong conspired to submit loan applications with falsified employee and wage information, fake bank statements, and other false information in an attempt to obtain 17 different loans totaling more than $3.5 million in loan proceeds. She fraudulently obtained approximately $400,000 and used the proceeds to purchase, among other items, luxury cars.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.
Homeland Security Investigations conducted the investigation in this case, with assistance from the Treasury Inspector General for Tax Administration and the Small Business Administration Office of the Inspector General. Assistant U.S. Attorney Kevin M. Rapp, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-00335-PHX-SMB
RELEASE NUMBER: 2022-203_Strong# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Man Indicted for Smuggling 71 Pounds of Fentanyl Pills Across the US-Mexico BorderRead the Press Release
PHOENIX, Ariz. – On October 25, 2022, a federal grand jury returned a two-count indictment against Edwin Francisco Cubillas, 27, of Mexico, for Possession with Intent to Distribute Fentanyl and Importation of Fentanyl into the United States from Mexico.
The indictment alleges that, on September 26, 2022, Cubillas entered the United States through San Luis, Arizona. At the Port of Entry, Customs and Border Protection Officers discovered 16 packages, containing blue circular pills that tested positive for fentanyl, hidden in Cubillas’s car. The combined weight of the packages exceeded 32 kilograms (71 pounds).
A conviction for each of the charged offenses carries a maximum penalty of life in prison and a $10,000,000 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.
Homeland Security Investigations is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-22-01400-PHX-DWL
RELEASE NUMBER: 2022-204_Cubillas# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Convicted Felon Sentenced to Seven Years for Possession of FirearmsRead the Press Release
TUCSON, Ariz. – Luis Salvador Flores, 50, of Glendale, Arizona was sentenced on October 31, 2022, by United States District Judge John C. Hinderaker to 84 months in prison, followed by 36 months of supervised release. Flores previously pleaded guilty to Possession of Firearms by a Convicted Felon.
On November 17, 2020, law enforcement officers from the Pima County Sheriff’s Department stopped Flores for a suspected traffic code infraction as he was driving to oversee a methamphetamine sale in Tucson, Arizona. Inside of Flores’s vehicle, officers found two semi-automatic firearms, a loaded Glock 9mm pistol, and an ATI Omni Hybrid 5.56/.223 caliber rifle, as well as magazines and ammunition. Flores admitted that he had intended to provide “security” for the drug deal, which was anticipated to involve approximately 200 pounds of methamphetamine. The intended transaction never occurred because Flores was intercepted by the law enforcement officers as he was enroute to the drug deal location.
Flores had over 20 prior felony counts of conviction on his record at the time of his arrest, arising out of multiple prior criminal state court cases. Consequently, he was and is prohibited from possessing firearms and ammunition.
The U.S. Drug Enforcement Administration in Tucson, Arizona conducted the investigation, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pima County Sheriff’s Department. Assistant U.S. Attorney Michael R. Lizano, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-00896-JCH-DTF
RELEASE NUMBER: 2022-205_Flores# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Jerome Man Sentenced for Assault on a Forest Service Law Enforcement OfficerRead the Press Release
PHOENIX, Ariz. – Jonathan Kip Medford, 34, of Jerome, Arizona, was sentenced Monday, by United States District Judge Steven P. Logan to 27 months in prison, followed by three years of supervised release. Medford previously pleaded guilty to Assault on a Federal Law Enforcement Officer with Physical Contact and Infliction of Bodily Injury.
On February 15, 2022, Medford assaulted a USDA Forest Service law enforcement officer during a stop in the Coconino National Forest. The officer was investigating a minor traffic violation and an illegal camping violation. Medford, who was wanted on a state warrant and lied about his name during the encounter, failed to obey the officer’s instructions as the officer attempted to detain him. Rather than comply, Medford charged the officer causing them both to fall to the ground where a struggle ensued. After the struggle the officer freed himself and Medford fled the area on foot. Medford was apprehended the next day at a residence by officers from the Jerome Police Department.
The Forest Service conducted the investigation in this case, with assistance from the Yavapai County Sheriff’s Office, the Jerome Police Department, the Sedona Police Department, the Gila County Sheriff’s Office, the Arizona Department of Public Safety, and the National Park Service. The United States Attorney’s Office, District of Arizona, Flagstaff, handled the prosecution.
CASE NUMBER: CR-22-08051-PCT-SPL
RELEASE NUMBER: 2022- 202_Medford
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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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Idaho Man Sentenced to over Three Years for Smuggling AmmunitionRead the Press Release
TUCSON, Ariz. – Adrian Guadalupe Valdez, 45, of Wendel, Idaho, was sentenced last week by United States District Judge Scott H. Rash to 42 months in prison for smuggling ammunition from the United States into Mexico. Valdez previously pleaded guilty to the Smuggling of Goods from the United States.
On April 1, 2022, Valdez attempted to drive a vehicle from the United States into Mexico through the Nogales Port of Entry. At the Port, Customs and Border Protection Officers (CBPOs) stopped the vehicle for an outbound inspection. Valdez then ran from the vehicle in an attempt to flee into Mexico. Officers were able to stop and apprehend Valdez. During an inspection of the vehicle, CBPOs found a total of 17,500 rounds of 7.62x39mm and .223 caliber ammunition in the trunk.
The Department of Homeland Security, Homeland Security Investigations, and the U.S. Customs and Border Protection Agency conducted the investigation in this case. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-0891-TUC-SHR
RELEASE NUMBER: 2022-200_Valdez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Ahwatukee Shooter Sentenced to over 36 YearsRead the Press Release
TUCSON, Ariz. – On October 26, 2022, Warren Evan Jose, 38, of Tucson, Arizona, was sentenced by United States District Judge Scott H. Rash to 440 months in prison. Jose previously pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit with Endangerment During which Death Resulted, two counts of Assault on a Federal Officer with a Dangerous Weapon, and two counts of Discharge of a Firearm During a Crime of Violence.
On June 29, 2021, his co-defendant, Valentina Valenzuela, of Sells, Arizona, was sentenced by Judge Rash to 42 months in prison. She pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit with Endangerment During which Death Resulted and two counts of Transporting an Illegal Alien for Profit with Endangerment During which Death Resulted. A third co-conspirator, the decedent, died during the commission of the crimes.
During Jose’s guilty plea, he admitted that on or about April 11, 2019, the three co-conspirators agreed to pick up two undocumented noncitizens at or near Sells, Arizona and transport them to Phoenix. The three co-conspirators then picked up two undocumented noncitizens and planned to transport them to Phoenix, in return for payment.
While transporting the undocumented noncitizens, Jose, Valenzuela, and the decedent drank alcohol and used drugs. Agents with Homeland Security Investigations (HSI) noticed the vehicle and activated their lights and sirens to stop the vehicle. The decedent, who was driving, failed to stop, and attempted to flee by crashing the vehicle into one of the agent’s vehicles.
Following the crash, Jose began firing on the federal agents, using a Century Arms, 7.62x39 pistol, an AK-47-style firearm. At his guilty plea hearing, Jose admitted that he knew they were law enforcement agents when he fired at them. The shots fired by Jose grazed one HSI agent on the head and hit him on the shoulder. Jose barely missed hitting a second HSI agent in the head.
At his guilty plea hearing, Jose admitted that his use of drugs and alcohol and his firing of the AK-47-style pistol were the proximate cause of the decedent’s death.
“This lengthy sentence serves as a testament to HSI’s commitment, alongside our law enforcement partners, to bring justice to a man for his vile attempt to kill the federal agents who were attempting to thwart his illegal activity – illegal activity that caused the death of another person,” said Scott Brown, special agent in charge for HSI Phoenix. “The men and women of HSI will not be deterred in their pursuit of those that use violence to further their human smuggling schemes. This sentence means the defendant will spend nearly the rest of his life in prison for his actions. We can rest assured that he will not present a threat to law enforcement, or the public, ever again.”
“Alien smuggling is a dangerous business under any circumstances,” said United States Attorney Gary Restaino. “It’s much more so here, where the defendant possessed an assault weapon during the smuggling crime, and used it against law enforcement agents.”
Homeland Security Investigations, Sells, conducted the investigation in this case, with the assistance of the Phoenix Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, United States Border Patrol, and the Tohono O’odham Police Department. Assistant U.S. Attorneys Serra M. Tsethlikai, Robert A. Fellrath, and Erica Seger, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-19-1050-SHR-LCK
RELEASE NUMBER: 2022-201_Jose, et al# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Medical Doctor Plus Eight Others Indicted for Drug Trafficking and Money LaunderingRead the Press Release
PHOENIX, Ariz. – On September 28, 2022, a grand jury in Phoenix, Arizona returned a 34-count indictment against nine individuals, including:
- Yvette Porras-Ochoa, 40, of Wittmann, Arizona
- Ricardo Ochoa, 41, of Mesa, Arizona
- Kourtney Moore, 40, of Akron, Ohio
- George Martinez-Aviles, M.D., 55, of Peoria, Arizona
- Vanessa Quijada, 36, of Phoenix, Arizona
- Josefina Thomas, 57, of Glendale, Arizona
- Angel Borunda, 26, of Odessa, Texas
- Ibis Efren Miranda Hernandez, 43, of Peoria, Arizona
- Kristel Pimentel, 37, of Buckeye, Arizona
A 2021 investigation revealed that Martinez-Aviles, M.D., Porras-Ochoa, Ochoa, Moore, Quijada, Thomas, and Pimentel, each conspired to distribute oxycodone knowingly and intentionally, and to distribute promethazine-codeine outside the scope of professional practice and not for a legitimate medical purpose. Furthermore, Porras-Ochoa, Moore, Ochoa, and Borunda each face additional charges for conspiring to distribute cocaine for profit. Lastly, Moore also faces additional charges for possession with intent to distribute fentanyl. Six of the defendants were also charged with related money-laundering offenses.
Over the course of this investigation, law enforcement officers seized cocaine, marijuana, oxycodone, promethazine-codeine, and counterfeit oxycodone pills containing fentanyl.
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 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 with significant contributions from Homeland Security Investigations, the United States Postal Inspection Service, the United States Marshals Service, the Phoenix Police Department, the Surprise Police Department, the Peoria Police Department, the Glendale Police Department, and the Goodyear Police Department. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-22-1265-PHX-SPL
RELEASE NUMBER: 2022-199_Porras-Ochoa, et al# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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46-Year-Old Fort Defiance Man Sentenced to 390 Months for Third Offense of Aggravated Sexual AbuseRead the Press Release
TUCSON, Ariz. – Harrison Shirley, 46, of Fort Defiance, Arizona, was sentenced on October 24, 2022, by United States District Judge Scott H. Rash to 390 months in prison, followed by lifetime supervised release. Shirley, a member of the Navajo tribe, was indicted on one count of Aggravated Sexual Abuse of a Child in November 2020. One year later, Shirley pleaded guilty to Sexual Abuse, with a sentencing range of 20 to 40 years in prison.
On August 10, 2019, Shirley was living on the Tohono O’odham Indian Reservation outside of Tucson, Arizona, when he molested the then 7-year-old victim, while a visitor at a residence. Twenty years earlier, in May of 1999, while living on the Navajo Indian Reservation, then 23-year-old Shirley committed two sexual abuse crimes. He pleaded guilty to both offenses and was sentenced in August 2000 to concurrent terms of 97 months in prison.
Detectives from the Tohono O’odham Police Department, along with agents from the Federal Bureau of Investigation, conducted the investigation in this case. Assistant U.S. Attorney Micah Schmit, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-2524-TUC-SHR-LAB
RELEASE NUMBER: 2022-198_Shirley
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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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United States Attorney’s Office Releases 2022 Third Quarter Immigration Enforcement StatisticsRead the Press Release
PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for July 2022 to September 2022. 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 September 30, 2022, the United States brought criminal charges in Arizona against 2,011 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 307 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona.
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 non-U.S. citizen 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 seven cases brought against juvenile smugglers during this time-period.
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: 2022-195_2022 Third Quarter Immigration Enforcement Statistics
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Twelve Charged with Firearms TraffickingRead the Press Release
TUCSON, Ariz. – On September 21, 2022, a Tucson federal grand jury returned an indictment charging 49 firearms-related offenses against the following individuals:
- Victor Coronado
- Fernando Palomares, Jr.
- Julissa Leonor Torres
- Carlos Fernando Palomares-Leon
- Briana Marie Montpetit
- Karla Romero
- Avery Danelle Gipson
- Kevin Allen Lapedus
- Ray Alberto Laborin
- Elizar Olivares
- Kyle Rene Fazlollah
- Ty-Jhai Damon Grigsby
The indictment alleges that the 12 individuals were members of a Tucson-based firearms trafficking organization. The investigation leading to their indictment involved a series of firearms transactions that resulted in several firearms being seized in the Republic of Mexico.
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.
All 12 individuals charged in the indictment face a maximum penalty of 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations, U.S. Customs and Border Protection Office of Field Operations, the Pima County Sheriff’s Department, and the United States Postal Inspection Service conducted the investigation in this case. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-22-02082-RM-EJM
RELEASE NUMBER: 2022-197 _Coronado, et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Ten Men Charged with Firearms TraffickingRead the Press Release
TUCSON, Ariz. – On September 15, 2022, a Tucson federal grand jury returned an indictment charging 51 firearms-related offenses against the following individuals:
- Julian Canastillo
- Daniel Canastillo Molina
- Omar Trujillo, Jr.
- Carlos Martinez
- Nicolas Meraz
- Timothy Scott Waltermire, Jr.
- Tylor Cody Joiner
- Roy Glen Cline III
- Corey Creasia
- David Rey Gonzalez
The indictment alleges that the 10 individuals were members of a Tucson-based firearms trafficking organization. The investigation leading to their indictment involved a series of firearms transactions that resulted in firearms being seized in the Republic of Mexico.
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.
All 10 individuals charged in the indictment face a maximum penalty of 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations, and U.S. Customs and Border Protection Office of Field Operations conducted the investigation in this case. Assistant U.S. Attorneys Angela W. Woolridge, Matthew C. Cassell, and Craig Russell, District of Arizona, Tucson, are handling the prosecution.
CASE NUMBER: CR-22-1857-TUC-JCH-BGM
RELEASE NUMBER: 2022-196_Trujillo, et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Salt River Man Sentenced to Life for Second Degree MurderRead the Press Release
PHOENIX, Ariz. – Gabriel Milford Kavoka, 39, of Scottsdale, Arizona, was sentenced Tuesday, by United States District Judge Susan M. Brnovich to two concurrent life sentences. Kavoka, an enrolled member of the Salt River Pima-Maricopa Indian Community, previously pleaded guilty to Second Degree Murder and Carjacking Resulting in Death.
On August 21, 2019, Kavoka hailed a taxi to Casino Arizona. When he arrived, Kavoka shot and killed the taxi driver and carjacked the taxi. He then led police on a high-speed chase through the streets of Mesa, Arizona. The chase ended when Kavoka crashed the taxi into a police vehicle.
The Salt River Police Department conducted the investigation in this case with assistance from the Mesa Police Department. The taxi service, VIP Taxi, provided invaluable assistance in collecting and providing evidence. Assistant U.S. Attorneys Thomas C. Simon and Jennifer E. LaGrange, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-01338-PHX-SMB
RELEASE NUMBER: 2022-194_Kavoka
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Phoenix Man Sentenced to 188 Months for Child Exploitation OffensesRead the Press Release
TUCSON, Ariz. – Robert Allen Yost, 61, of Phoenix, Arizona, was sentenced on October 21, 2022, by United States District Judge Jennifer G. Zipps, to 188 months in prison for child exploitation offenses. Yost previously pleaded guilty to Conspiracy to Sex Traffic Children and Production of Child Pornography, as well as Conspiracy to Transport Illegal Aliens for Profit. Upon release from prison, Yost will be placed on lifetime supervised release with sex offender conditions and will be required to register as a sex offender.
In March 2020, United States Border Patrol agents initially encountered Yost smuggling undocumented noncitizens along State Route 80, when a search of his phone revealed child exploitation content. During his guilty plea on January 18, 2022, Yost admitted that he had exchanged pictures and videos depicting child sexual abuse with other people via text messages and the internet. He also admitted that he asked another individual to send sexually explicit images of a child in that individual’s custody and offered methamphetamine in exchange for sexual access to the child. The intended sexual activity with the child did not take place due to other intervening circumstances.
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 the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Customs and Border Protection’s U.S. Border Patrol and Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorneys Carin Duryee and Jared Kreamer Hope, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-02523-JGZ-JR
CR-20-02370-JGZ-JR
RELEASE NUMBER: 2022- 192_Yost# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Felon Sentenced to Nearly Four Years for Possession of a Firearm and AmmunitionRead the Press Release
TUCSON, Ariz. – Peter Gregorio Castro, 45, of Patagonia, Arizona, was convicted and sentenced on October 5, 2022, by United States District Judge Cindy K. Jorgenson to 46 months in prison, followed by three years of supervised release. Castro previously pleaded guilty to Possession of a Firearm and Ammunition by a Convicted Felon.
On January 8, 2021, the Tucson Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated a shooting at the Knights Inn located in Tucson, Arizona. Castro had been renting and occupying the motel room where the shooting occurred. Four days later, agents and officers encountered Castro as the passenger in a vehicle associated with the shooting and, at that time, Castro possessed a .40 caliber handgun loaded with 11 rounds of ammunition in his pocket. Castro was previously convicted of aggravated assault with a deadly weapon in 1998, and as a result is prohibited from possessing firearms and ammunition.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation in this case, with assistance from the Tucson Police Department. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-0617-TUC-CKJ
RELEASE NUMBER: 2022-193_Castro# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Statement of the United States Attorney’s Office Regarding Justice Department Efforts to Protect Voting RightsRead the Press Release
PHOENIX, Ariz. – The Department of Justice today released its comprehensive press release (https://www.justice.gov/opa/pr/justice-department-releases-information-efforts-protect-right-vote-prosecute-election-fraud) on federal efforts to protect voting rights and to prohibit intimidation, discrimination, and fraud in the November 8 general election and the pre-election-day voting that has already begun.
As this statement indicates, the Justice Department is committed to ensuring that all qualified voters have the opportunity to cast their ballots and have their votes counted free of intimidation, discrimination, or fraud in the election process. Here in Arizona, we have terrific partnerships with reasoned and dedicated local, county and state officials, and we expect that our deputy sheriffs and municipal police officers will be the front line in efforts to ensure that all qualified voters are able to exercise their right to vote free of intimidation or other election abuses.
We’ll nonetheless be watching federally. As the several election threat-related cases pending federal felony charges from alleged criminal activity arising out of our State show, acts which cross the line will not go unaddressed. We have a long history of civil dialogue and civic engagement here in Arizona, and we will vigorously safeguard all Arizonans’ rights to freely and lawfully cast their ballot during the election.
RELEASE NUMBER: 2022-190_USAO Protect Voting Rights Statement
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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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22-Year-Old Man Charged for Assaulting a Customs and Border Protection Helicopter PilotRead the Press Release
TUCSON, Ariz. –On October 13, 2022, United States Border Patrol (USBP) agents arrested Hugo Alexander Garcia-Sales, 22, of Guatemala, for Assault on a Federal Officer With a Deadly or Dangerous Weapon and Improper Entry by an Alien.
The complaint alleges that on October 13, 2022, USBP agents responded to a remote area near Henrick’s Well after receiving reports of two suspected undocumented noncitizens. When agents arrived on the scene, the individuals ran, and a USBP helicopter was called in to assist in the search. While the pilot hovered above the ground, Garcia-Sales threw five softball-sized rocks at the helicopter. Although Garcia-Sales failed to hit the helicopter, one rock came within several feet of striking the aircraft, creating a severe risk of injury or death to the victim pilot. USBP agents arrested Garcia-Sales and confirmed he was a non-U.S. citizen without legal permission to enter or remain in the United States. The other individual evaded apprehension.
Assault on a Federal Officer carries a maximum penalty of 20 years in prison and a fine of up to $250,000.
Improper Entry by an Alien carries a maximum penalty of six months in federal prison and a fine of up to $5,000.
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 Border Patrol conducted the investigation in this case. Assistant United States Attorney Nathaniel Walters, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: MJ-22-07776-BGM
RELEASE NUMBER: 2022-191_Garcia-Sales# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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22-Year-Old Man Pleads Guilty to Attempted Murder of U.S. Border Patrol AgentRead the Press Release
TUCSON, Ariz. – Rey David Marquez-Jimenez, 22, of Mexico, previously pleaded guilty to one count of Attempted Murder of a Federal Officer on October 20, 2022. Sentencing is scheduled for January 12, 2023, before United States District Judge Jennifer G. Zipps.
On January 26, 2022, near Hereford, Arizona, Marquez-Jimenez tackled a United States Border Patrol (USBP) agent as the agent attempted to handcuff another individual. Marquez-Jimenez punched the agent several times and tried to pull the agent’s firearm from his holster. When the firearm came out of the holster, Marquez-Jimenez tried to point it at the agent. He then got on top of the agent and attempted to slash and stab him with a knife. The agent gained control of the knife, and Marquez-Jimenez fled on foot before being apprehended by other USBP agents.
Under the terms of the plea agreement, Marquez-Jimenez faces a sentence of 60 to 108 months in prison, followed by three years of supervised release.
The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Sarah B. Houston, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-22-00175-TUCJGZ-LCK
RELEASE NUMBER: 2022-189_Marquez-Jimenez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Second Alien Smuggling Coordinator Pleads Guilty to Bribing Former Border Patrol AgentRead the Press Release
TUCSON, Ariz. – On October 6, 2022, Omar Natalio Martinez Fontes, 51, pleaded guilty to Conspiracy to Commit Bribery and Alien Smuggling. Sentencing is scheduled for December 20, 2022, before United States District Judge Jennifer G. Zipps.
Fontes paid former United States Border Patrol (USBP) agent Carlos Passapera thousands of dollars in cash bribes for smuggling undocumented noncitizens into the United States between June 2019 and January 2020. Another alien smuggling coordinator involved in the conspiracy, Luis Alfredo Quintero-Gonzalez, previously pleaded guilty for his role in bribing Passapera in case CR 21-01529-TUC-JGZ-MSA. Quintero-Gonzalez is scheduled to be sentenced on December 2, 2022, before Judge Zipps.
According to court documents, Fontes coordinated and conspired to coordinate the illegal entry of undocumented noncitizens by acting as the middleman between Passapera and the individuals seeking illegal passage into the United States. While working as a USBP agent, Passapera would receive communication from Fontes and then pick up the undocumented noncitizens along the U.S.-Mexico border near Lukeville, Arizona. Passapera would then smuggle the individuals through Border Patrol checkpoints and deliver them to locations within the Phoenix area. Throughout the conspiracy, Fontes and Passapera smuggled at least 13 undocumented noncitizens into the United States. In exchange for his role in the conspiracy, Passapera received approximately $104,000 in bribery payments from Fontes.
A conviction for Conspiracy to Commit Bribery and Alien Smuggling carries a maximum penalty of five years in prison and a $250,000 fine.
Passapera was charged separately for his involvement in the conspiracy in case CR 20-01706-JGZ-MSA and has pleaded not guilty. Passapera’s case is set for trial on April 3, 2023, before United States District Judge Jennifer G. Zipps.
The case was investigated by the Federal Bureau of Investigation’s Southern Arizona Corruption Task Force, and the Department of Homeland Security Office of the Inspector General. The Financial Crimes and Public Corruption Section of the United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-21-00792-JGZ-MSA
RELEASE NUMBER: 2022-187_Fontes# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Man Charged for Smuggling 238 Pounds of Methamphetamine Across the U.S.-Mexico BorderRead the Press Release
PHOENIX, Ariz. – Juan Alberto Gomez-Antimo, 25, of Mexico, was charged by criminal complaint on October 17, 2022, for Possession with Intent to Distribute Methamphetamine and Importation of Methamphetamine into the United States from Mexico.
The complaint alleges that on October 14, 2022, Gomez-Antimo, entered the United States through the San Luis Port of Entry where Customs and Border Protection officers discovered 222 packages hidden in his car. The packages contained a white crystal-like substance that tested positive for methamphetamine. The combined weight of the packages was over 238 pounds.
A conviction for each charged offense carries a maximum penalty of life in prison and a $10,000,000 fine.
A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Homeland Security Investigations is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: MJ-22-02702-JFM
RELEASE NUMBER: 2022-188_Gomez-Antimo# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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El Mirage Man Sentenced to 30 Months for Dealing in Firearms Without a LicenseRead the Press Release
PHOENIX, Ariz. – Abdur-R-Ahin Shamsid-Deen, 43, of El Mirage, Arizona, was sentenced on October 11, 2022, by United States District Judge Douglas L. Rayes to 30 months in federal prison. Shamsid-Deen previously pleaded guilty to Dealing Firearms Without a License.
From April to October 2019, Shamsid-Deen bought, and later sold, at least 55 firearms – mostly handguns – from Arizona gun stores for the purpose of selling them for a profit. Some of the handgun purchases were made for known members of a criminal street gang in Los Angeles, California. Law enforcement recovered 30 of the handguns that Shamsid-Deen purchased: 28 were recovered near Los Angeles, and two were recovered in Phoenix. Some of the firearms were used in robberies and drive-by shootings, and others were recovered from prohibited possessors—persons who are legally prohibited from possessing firearms.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, many stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. Assistant U.S. Attorneys Coleen Schoch and Brian Kasprzyk, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-00278-PHX-DLR
RELEASE NUMBER: 2022-186_Shamsid-Deen
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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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U.S. Attorney’s Office for the District of Arizona Observes Domestic Violence Awareness MonthRead the Press Release
PHOENIX, Ariz. – United States Attorney Gary Restaino joins the U.S. Department of Justice, the Office on Violence Against Women (OVW), advocates, survivors, victim service providers, justice professionals, police and first responders, communities across the U.S. and sovereign tribal nations in observing October as Domestic Violence Awareness Month (DVAM).
“Domestic violence impacts our communities and our society across the board,” said U.S. Attorney Gary Restaino. “And we who serve as federal prosecutors for the District of Arizona have a duty to use all the tools at our disposal—and leverage our partnerships with local law enforcement and prosecutors—to ensure victims have a viable path to safety and justice.”
Domestic violence is more prevalent than many realize. The devastating consequences of domestic violence can cross generations and last a lifetime. Approximately one in four women and one in seven men will experience severe domestic violence in their lifetimes; however, rates are disproportionately higher for American Indian and Alaska Native populations, women of Color, lesbian, gay, bisexual, transgender, queer, intersex, and two-spirit people, and people with disabilities. DVAM provides an opportunity to spread awareness about domestic violence and encourage everyone to play a role in ending gender-based violence.
RELEASE NUMBER: 2022-185_Domestic Violence
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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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U.S. Attorney Gary Restaino Announces Election Officer for the District of ArizonaRead the Press Release
PHOENIX, Ariz. – United States Attorney Gary Restaino announced today that Assistant United States Attorney (AUSA) Sean Lokey will lead the efforts of his Office in connection with the upcoming November 8, 2022, general election. AUSA Lokey has been appointed to serve as the District Election Officer for the District of Arizona, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Restaino said, “Every citizen must be able to vote without interference, or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
United States Attorney Restaino further stated: “Unfortunately, there are election deniers and fear-mongers who seek to undermine our democratic process. I’m proud that my office works to remove barriers to voting, and that we provide accurate and truthful information to the voting public. Working in partnership with our state and local election officials, the Department of Justice will do its very best to ensure that every eligible voter who chooses to vote can do so easily and efficiently, without interference or discrimination.”
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Restaino stated that: “The right to vote is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Lokey will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 602-514-7516.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public by phone at 623-466-1999 or online at https://tips.fbi.gov/.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
United States Attorney Restaino said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, that in the case of a crime of violence or intimidation, you should call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
RELEASE NUMBER: 2022-184_Arizona-General-Election
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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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Former Tucson Insurance Agent Sentenced to over 11 Years for Elder FraudRead the Press Release
TUCSON, Ariz. – Koreasa Maria Williams, 47, of Tucson, Arizona, was sentenced on September 30, 2022, by United States District Judge Jennifer G. Zipps to 136 months in prison and ordered to pay restitution to her victims. Williams previously pleaded guilty to two counts of wire fraud. The sentence was ordered to run concurrent to a 51-month sentence for an earlier annuity fraud scheme.
Williams, a licensed insurance agent, defrauded an 80-year-old client of over $1 million. In October 2018, realizing she was under investigation for the earlier annuity theft scheme, Williams advised the victim to cash out eight life insurance policies and obtain approximately $1 million, under the false promise that the life insurance funds would be better invested in annuities. She then tricked the victim into writing two checks totaling over $1 million to a law firm under the guise that the law firm worked for Williams’ annuity company and that the funds would be used to purchase an annuity for the victim. Williams then delivered the checks from the victim and told the law firm the checks were a loan from her “rich uncle.” She then directed the law firm to use the money to pay back multiple victims from the earlier annuity theft scheme in an unsuccessful attempt to avoid criminal charges. After Williams was indicted in the annuity theft scheme and released on bond in May 2019, she deceived the victim into giving her additional funds between June 2019 and December 2019. Williams then used that money for herself and her family over the next six months via thousands of dollars in bulk cash withdrawals, supermarket and convenience store debits, car payments, cable fees, movie theater purchases, and donations to a religious ministry in North Carolina with which Williams was affiliated, her local church, and a local charity.
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.
Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice.
The Tucson Field Office of 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-21-03136-TUC-JGZ
CR-19-01276-TUC-JGZ
RELEASE NUMBER: 2022-183_Williams# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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U.S. Attorney’s Office Hosts Roundtable on Sexual Harassment in HousingRead the Press Release
PHOENIX, Ariz. – The U.S. Attorney’s Office for the District of Arizona and the Justice Department’s Civil Rights Division hosted a roundtable today for community organizations to discuss the problem of sexual harassment in housing, U.S. Attorney Gary Restaino announced. The U.S. Attorney’s Office is asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing to report that conduct to the Department of Justice.
“Sexual harassment in housing is underreported and hard to detect,” U.S. Attorney Restaino said. “Landlords and others with control over housing often commit egregious violations of the Fair Housing Act by using their power over tenants to extort sexual acts, or even commit assaults. Our office is committed to uncovering such intolerable violations and vigorously enforcing the law.”
The Department of Justice, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
Today’s roundtable was hosted as part of the Justice Department’s Sexual Harassment in Housing Initiative (https://www.justice.gov/crt/sexual-harassment-housing-initiative), an effort to combat sexual harassment in housing across the country. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department’s enforcement efforts, and collaborate with federal, state, and local partners to increase reporting and help people who have experienced sexual harassment quickly and easily connect with federal resources. Roundtable discussions like the one U.S. Attorney Gary Restaino hosted today are one way to increase awareness and build strong partnerships in the community to combat the problem together.
Launched in 2017, the Initiative has filed 26 lawsuits across the country alleging sexual harassment in housing and recovered over $9.6 million in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years. Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to submit a report online or contact the U.S. Attorney’s Office for the District of Arizona by calling (602) 528-7299, visiting https://www.justice.gov/usao-az, or by emailing [email protected].
Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.
RELEASE NUMBER: 2022-182_Sexual Harassment in Housing Roundtable
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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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54-Year-Old Tucson Man Sentenced to 18 Months Plus Fined $5000 for Alien SmugglingRead the Press Release
TUCSON, Ariz. – Donald Douglas Scarlett, III, 54, of Tucson, Arizona, was sentenced on October 3, 2022, by United States District Judge Cindy K. Jorgenson to 18 months in prison, followed by 36 months of supervised release. In addition to his prison sentence, the government argued for, and the court ordered, Scarlett to pay a fine of $5000. Scarlett previously pleaded guilty in May 2022 to Conspiracy to Transport Illegal Aliens for Profit.
On March 19, 2022, United States Border Patrol agents observed Scarlett making U-turns and otherwise driving erratically while traveling near the Arizona-Mexico border and proceeded to conduct an immigration stop. During the stop, agents discovered six undocumented noncitizens from Mexico inside Scarlett’s vehicle.
Custom and Border Protection’s U.S. Border Patrol, Sonoita Station conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-741-TUC-CKJ-MSA
RELEASE NUMBER: 2022-181_Scarlett# # #
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 Man Sentenced to 87 Months for Abusive Sexual Contact with a ChildRead the Press Release
TUCSON, Ariz. – On October 6, 2022, Norris Jose, 40, of Tucson, Arizona, was sentenced by United States District Judge Jennifer G. Zipps to 87 months in prison followed by a lifetime term of supervised release. Jose previously pleaded guilty to Abusive Sexual Contact with a Child.
Between May 24 and May 29, 2019, Jose, an enrolled member of the Tohono O’odham Nation and a registered sex offender, engaged in sexual contact with the victim, who was 8 years old at the time. The offense occurred on the Tohono O’odham Indian Reservation in the village of Topawa.
The Tohono O’odham Nation Police Department and the FBI conducted the investigation in this case. Assistant U.S. Attorney Frances M. Kreamer Hope, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-0881-TUC-JGZ
RELEASE NUMBER: 2022-179_Jose# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Chinle Man Sentenced to 22 Years for Second Degree MurderRead the Press Release
PHOENIX, Ariz. – Dion James Anagal, 44, of Chinle, Arizona, was sentenced last week by United States District Judge Douglas L. Rayes to 22 years in prison, followed by five years of supervised release. Anagal previously pleaded guilty to Second Degree Murder.
On December 6, 2020, Anagal murdered the victim by setting her home on fire while she was inside. The victim died in the fire. The crime occurred on the Navajo Nation, where Anagal is an enrolled member.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Alexander Samuels and Jillian Besancon, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-8017-PCT-DLR
RELEASE NUMBER: 2022-178_Anagal
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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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U.S. Attorney for District of Arizona Announces $369,000 in Justice Department Grants to Support Project Safe NeighborhoodsRead the Press Release
PHOENIX, Ariz. – U.S. Attorney Gary M. Restaino announced today that the Department of Justice has awarded $369,000 to support the Project Safe Neighborhoods Program in the District of Arizona. Funding will support community efforts to address the epidemic of gun crime and serious violence in the district. The grant, awarded to the Criminal Justice Commission, is one of a number of awards being made to state and local agencies across the country. Funds are administered by the Bureau of Justice Assistance, part of the Department’s Office of Justice Programs.
Launched two decades ago as an evidence-based and community-oriented response to serious gun crime, Project Safe Neighborhoods, known as PSN, is a key component of the Department’s Comprehensive Strategy for Reducing Violent Crime, outlined by Deputy Attorney General Monaco in May 2021. The PSN approach is guided by four key principles: fostering trust and legitimacy in our communities; supporting community-based organizations that help prevent violence from occurring in the first place; setting focused and strategic enforcement priorities; and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
“The Project Safe Neighborhoods Program is an important partnership among law enforcement and the communities we serve,” said United States Attorney Gary Restaino. “Prosecution is an important deterrent to the proliferation of guns and gun crime in America, but prosecution alone won’t solve all our problems. We as lawyers need to get out of the courtroom and into the communities that surround it.”
“Reducing violence and sustaining those reductions will require strong partnerships between criminal justice agencies and community stakeholders and a shared commitment to the safety and well-being of every community member,” said OJP Deputy Assistant Attorney General Maureen Henneberg. “The investments we are making through Project Safe Neighborhoods will enable every stakeholder to play a part in building safer and healthier communities.”
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.
“Over its two-decade history, Project Safe Neighborhoods has evolved to meet the complex challenges of community violence by enlisting the insights and expertise of local partners and by relying on the latest evidence,” said BJA Director Karhlton F. Moore. “We are proud to support our U.S. Attorneys and their allies in their critical work to curb violent crime and build the mutual trust necessary to ensure lasting success.”
The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about awards under PSN and other OJP grants can be found on the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
RELEASE NUMBER: 2022-180_PSN Grant Awardees
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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 Man Sentenced to 33 Months for Sexual Abuse of a MinorRead the Press Release
TUCSON, Ariz. – On September 27, 2022, Eric Christopher Segundo-Antone, 22, of Tucson, Arizona, was sentenced by United States District Judge John C. Hinderaker to 33 months in prison followed by a lifetime of supervised release. Segundo-Antone previously pleaded guilty to Sexual Abuse of a Minor.
Sometime between June 1, 2018, and December 31, 2018, Segundo-Antone, an enrolled member of the Tohono O’odham Nation, engaged in a sexual act with the victim, who was 14 years old at the time. The offense occurred on the Tohono O’odham Indian Reservation in the village of Topawa.
The Tohono O’odham Nation Police Department and the FBI conducted the investigation in this case. Assistant U.S. Attorney Frances M. Kreamer Hope, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-00796-TUC-JCH-BGM
RELEASE NUMBER: 2022-175_Segundo-Antone
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Sells Man Sentenced to 110 Months for RobberyRead the Press Release
TUCSON, Ariz. – Glenn Frank, 33, of Sells, Arizona, was sentenced on October 5, 2022, by United States District Judge Rosemary Márquez to 110 months in prison, followed by three years of supervised release. Frank previously pleaded guilty to Robbery.
On August 20, 2018, Frank, an enrolled member of the Tohono O’odham Nation, assaulted a taxicab driver by striking him repeatedly in the head with a firearm and then robbed him. The offense occurred on the Tohono O’odham Indian Reservation in the village of San Xavier.
The Tohono O’odham Police Department and the FBI conducted the investigation in this case. Assistant U.S. Attorney Frances M. Kreamer Hope, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-18-1904-TUC-RM-EJM
RELEASE NUMBER: 2022-176_Frank
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Sacaton Man Sentenced to 17 Years for Abusive Sexual Contact with a MinorRead the Press Release
PHOENIX, Ariz. – On September 29, 2022, Ronald Lee Juan, Jr., 27, of Sacaton, Arizona, an enrolled member of the Gila River Indian Community, was sentenced by United States District Judge John J. Tuchi to 204 months in prison, followed by lifetime supervised release. Between September 22, 2017, and September 21, 2018, Juan engaged in sexual contact with the victim on multiple occasions. Juan pleaded guilty on June 9, 2022, to Abusive Sexual Contact with a Minor.
The Federal Bureau of Investigation and the Gila River Police Department conducted the investigation in this case. Assistant U.S. Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-00885-PHX-JJT
RELEASE NUMBER: 2022-177_Juan# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.U.S. Attorney’s Office Announces Environmental Justice and Housing Conditions InitiativeRead the Press Release
PHOENIX, Ariz. – Ensuring safe housing conditions is a priority for the U.S. Attorney’s Office for the District of Arizona. Working with our DOJ partners, the U.S. Attorney’s Office seeks to secure environmental justice for all communities, particularly underserved communities that have been historically marginalized and overburdened, including low-income communities, communities of color, and Tribal and Indigenous communities, to ensure that everyone enjoys the same degree of protection from environmental and health hazards and equal access to a healthy environment in which to live, learn, play and work. To learn more about the Department of Justice’s environmental justice initiatives, visit the Office of Environmental Justice.
The U.S. Attorney for the District of Arizona, Gary Restaino, is pleased to announce that he has named an Environmental Justice Coordinator, who will coordinate with the Department of Justice and with other federal, state, Tribal, and local agencies on civil and criminal environmental justice matters that arise in the District of Arizona. The U.S. Attorney’s Office is particularly focused on advancing environmental justice through Title VI of the Civil Rights Act of 1964 and welcomes information from the public that brings to our attention possible discrimination against communities of color by local governments, including zoning and redevelopment decisions that disproportionately affect minority and underserved communities, and polluting businesses that receive municipal tax credits.
Please visit our Environmental Justice website for more information. If you are concerned about discriminatory environmental and housing conditions, email the U.S. Attorney’s Office at [email protected] and call DOJ Civil Rights at 1-888-TITLE-06 (1-888-848-5306).
RELEASE NUMBER: 2022-172_Environmental Justice
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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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