District of Arizona

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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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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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.

 

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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.

 

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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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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

 

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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

 

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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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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

 

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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

 

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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

 

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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

 

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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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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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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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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

 

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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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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

 

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

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TUCSON, Ariz. – 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

 

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

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PHOENIX, Ariz. – 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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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, 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/
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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/
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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

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. – 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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TUCSON, Ariz. – Gabriel Joseph Bustamante, 43, of Tucson, Arizona, was sentenced on September 28, 2022, by United States District Judge Rosemary Márquez to 17.5 years in prison, followed by five years of supervised release. Bustamante previously pleaded guilty to Possession with Intent to Distribute Methamphetamine and Felon in Possession of Firearms.

On April 22, 2021, federal agents served a search warrant on Bustamante’s residential trailer and seized 3.6 kilograms of pure methamphetamine and multiple firearms. Agents also searched two storage units belonging to Bustamante where they recovered additional firearms.   

This investigation was a collaborative effort between federal law enforcement agencies and is part of the Organized Crime Drug Enforcement Task Force (OCDETF) initiative in Southern Arizona that is led by the Tucson Strike Force. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Homeland Security Investigations, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. Assistant U.S. Attorneys Ashley Culver and David Petermann, District of Arizona, Tucson, handled the prosecution.

 

CASE NUMBER:            CR-21-1116-TUC-RM
RELEASE NUMBER:    2022-174_Bustamante

 

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PHOENIX, Ariz. – Keivin Crosswell-Cervantes, 28, of Mexico, Carlos Alberto Castro-Ruiz, 27, of Avondale, Arizona, and Alexander Ortega-Islas, 22, of Phoenix, Arizona, were indicted on October 4, 2022, on Conspiracy to Distribute Fentanyl and Methamphetamine along with Use or Carry a Firearm during a Drug Trafficking Offense. The three defendants had their initial appearance on September 23, 2022, before United States Magistrate Judge Eileen S. Willett.

On Sept. 21, 2022, HSI special agents arrested Crosswell-Cervantes, Castro-Ruiz, and Ortega-Islas and seized approximately 410,000 blue fentanyl pills, approximately 20,000 multi-colored fentanyl pills, also known as “skittles”, and approximately 25 pounds of methamphetamine in Avondale, Arizona. During the enforcement action, special agents also seized an AK-47 style pistol, a Kimber 1911 45 caliber pistol with two magazines, and an FN 45 caliber pistol.

A conviction for Conspiracy to Distribute Fentanyl and Methamphetamine carries a mandatory minimum sentence of 10 years in prison with a maximum penalty of life in prison, a fine of up to $10,000,000, or both.

A conviction for Use or Carry a Firearms during a Drug Trafficking Offense carries a mandatory minimum sentence of 5 years in prison, consecutive to any other sentence, with a maximum penalty of 20 years in prison, a fine of up to $250,000, or both.

An indictment 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.

Special Agents from Homeland Security Investigations, Nogales, conducted the investigation in this case. Assistant U.S. Attorney Matthew G. Eltringham, District of Arizona, Tucson, OCDETF Section, is handling the prosecution.

 

CASE NUMBER:            MJ-22-9370-ESW
RELEASE NUMBER:    2022-171_Crosswell-Cervantes et al.

 

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

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TUCSON, Ariz. – On September 29, 2022, Dominque Trinidad Valdez-Velasquez, 30, of Tucson, Arizona, was sentenced by United States District Judge Rosemary Márquez to 18 months in prison, followed by 36 months of supervised release. Valdez-Velasquez previously pleaded guilty to Transporting Illegal Aliens, Placing in Jeopardy the Life of Any Person.

Valdez-Velasquez was arrested on December 29, 2021, during an immigration checkpoint traffic stop near Amado, Arizona. At the checkpoint, a United States Border Patrol canine alerted agents to the trunk of Valdez-Velasquez’ vehicle. When the agents asked Valdez-Velasquez to open the trunk, they discovered four undocumented noncitizens from Mexico. According to court documents, after traveling for an hour, the noncitizens were left in the trunk, unable to move or leave, for more than four hours while Valdez-Velasquez slept in a hotel.

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

 

CASE NUMBER:            CR-22-0173-TUC-RM-LCK
RELEASE NUMBER:    2022-173_Valdez-Velasquez

 

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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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An Iowa man was arrested today in Hiawatha, Iowa, for allegedly sending a threatening communication to an election official on the Maricopa County Board of Supervisors in Maricopa County, Arizona, and for allegedly sending a threatening communication to an official with the Office of the Arizona Attorney General.

Mark A. Rissi, 64, of Hiawatha, is expected to make his initial appearance today at the federal courthouse in Cedar Rapids.

According to the indictment, on or about Sept. 27, 2021, Rissi allegedly left the following voicemail for the election official with the Maricopa County Board of Supervisors: “Hello Mr. [VICTIM], I am glad that you are standing up for democracy and want to place your hand on the Bible and say that the election was honest and fair. I really appreciate that. When we come to lynch your stupid lying Commie [expletive], you’ll remember that you lied on the [expletive] Bible, you piece of [expletive]. You’re gonna die, you piece of [expletive]. We’re going to hang you. We’re going to hang you.”

Additionally, on or about Dec. 8, 2021, Rissi allegedly said the following in a voicemail message he left for an official with the Office of the Arizona Attorney General: “I’m a victim of a crime. My family is a victim of a crime. My extended family is a victim of a crime. That crime was the theft of the 2020 election. The election that was fraudulent across the state of Arizona, that [VICTIM] knows was fraudulent, that [VICTIM] has images of the conspirators deleting election fraud data from the Maricopa County Board of Supervisors computer system. Do your job, [VICTIM], or you will hang with those [expletive] in the end. We will see to it. Torches and pitchforks. That’s your future, [expletive]. Do your job.”

Rissi is charged with two counts of making a threatening interstate communication and one count of making a threatening telephone call. If convicted, Rissi faces a maximum penalty of up to five years in prison for each count of making a threatening interstate communication and up to two years in prison for making a threatening 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, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Acting Special Agent in Charge Chris Ormerod of the FBI Phoenix Field Office made the announcement.

The FBI Phoenix Field Office is investigating the case, with the assistance of the FBI Cedar Rapids Field Office.

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 U.S. Attorneys’ Offices throughout the country. A year after its formation, the Task Force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.

Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the 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, Ariz. – The U.S. Attorney’s Office for the District of Arizona announced today that, as part of its continuing efforts to protect older adults and to bring perpetrators of fraud schemes to justice, it is joining the Justice Department’s Transnational Elder Fraud Strike Force, as one of 14 additional U.S. Attorney’s Offices. Since 2019, current Strike Force members — including the Department’s Consumer Protection Branch, six U.S. Attorneys’ Offices, the FBI, U.S. Postal Inspection Service, and Homeland Security Investigations — have brought successful cases against the largest and most harmful global elder fraud schemes and worked with foreign law enforcement to disrupt criminal enterprises, disable their infrastructure and bring perpetrators to justice. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat sophisticated fraud schemes that target or disproportionately impact older adults. The expansion will increase the total number of U.S. Attorneys’ Offices comprising the Strike Force from six to 20, including all of the U.S. Attorneys’ Offices in the states of California, Arizona, Texas, Florida, Georgia, Maryland, and New York.

“We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”

“I am pleased to announce the District of Arizona’s selection as one of the Transnational Elder Fraud Strike Force Districts. The U.S. Attorney’s Office is dedicated to bringing those who defraud the elderly to justice, whether they commit such crimes in the United States or from abroad,” said Gary Restaino, U.S. Attorney for the District of Arizona.

The Strike Force expansion will further enhance the Department’s existing efforts to protect older adults from fraud and exploitation. During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged. The matters tackled by the Department and its partners ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts also were made over the last year to return money to fraud victims.

The U.S. Attorney’s Office for the District of Arizona, along with its federal partners, successfully prosecuted various cases involving scams targeting the elderly. Notable examples are as follows:

United States v. Joseph Batts et al., CR-18-2216-TUC-RCC – David McIntosh was sentenced to 160 months in prison and ordered to pay approximately $1.8 million in restitution. McIntosh was a leader in an international lottery fraud ring that targeted thousands of elderly victims around the United States. McIntosh’s co-defendant, Joseph Batts, received a sentence of 70 months in prison for his role as a “lead list” distributor. In the related case of United States v. Sheldon Hibbert, CR-19-1973-TUC-SHR, Mr. Hibbert received a sentence of 48 months in prison for his role in laundering portions of the fraudulent proceeds. The District of Arizona has also sought the extradition of co-defendant Ferlando McCoon from Jamaica. Mr. McCoon is currently challenging his extradition to the United States.

United States v. Onovughe Ighorhiohwunu, CR-21-1119-TUC-SHR – Onovughe Ighorhiohwunu was found guilty by a jury for his role as a money launderer in an international romance fraud scheme targeting vulnerable and elderly victims. Ighorhiohwunu received 130 months in prison and was ordered to pay approximately $1.3 million in restitution.

United States v. Koreasa M. Williams, CR-19-1276-TUC-JGZ – Koreasa M. Williams, formerly a licensed insurance agent, embezzled money from elderly insurance clients. Williams was sentenced to 51 months in prison and ordered to pay $330,923 in restitution. In a related case, CR-21-3136-TUC-JGZ, Williams defrauded a separate elderly victim by embezzling over $1.3 million. Williams was sentenced to 136 months in prison and ordered to pay restitution.

United States v. Michael Tagle Santos et al., CR-20-2707-TUC-JGZ – Michael Tagle Santos and Cherry Mae De Los Reyes Santos, husband and wife, were caretakers of an elderly disabled victim. The couple embezzled money from the victim and used the funds for personal expenses. Mr. Santos received 33 months in prison. Mrs. Santos was sentenced to 16 months in prison. The couple was also ordered to pay $362,266 in restitution.

United States v. Jacoby, CR-21-452-PHX-JJT – Michael Jacoby defrauded an elderly widower out of his retirement savings (approximately $1 million) by offering investment management services, but instead taking the money for himself. Jacoby pleaded guilty and is pending sentencing.

United States v. Mehaffey, CR-20-626-PHX-DWL – Brannen Mehaffey operated a money service business exchanging cash for bitcoin. He was charged after the IRS conducted a sting operation where Mehaffey exchanged cash for bitcoin despite believing the cash came from drug sales. Most of Mehaffey’s actual business arose from fraud: perpetrators of schemes, such as romance scams, would direct their victims to send cash or deposit money into Mehaffey’s accounts, and Mehaffey would in turn send bitcoin to the people running the schemes. Mehaffey was sentenced to 41 months in prison and ordered to pay a total of $562,000 in restitution to a number of elderly victims.

As part of the District of Arizona’s elder fraud efforts in addition to prosecution, it engages in outreach to the community and industry to raise awareness about scams and exploitation and preventing victimization. On September 29, 2022, the U.S. Attorney’s Office, along with its federal partners, the IRS Criminal Investigation and United States Postal Inspection Service, conducted an outreach event entitled “Protect Yourself and Your Money” hosted by the Pima Council on Aging. This event took place at The Katie Dusenberry Healthy Aging Center in Tucson, Arizona. On October 3, 2022, the U.S. Attorney’s Office and the Secret Service conducted a similar event at the Handmaker Assisted Living Center in Tucson, Arizona. The U.S. Attorney’s Office will continue to provide similar events with its federal partners in the future.

The Department also highlighted national efforts in returning money to victims. In the past year, the Department has notified over 550,000 people that they may be eligible for payments. Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March of 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.

Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available through the National Elder Fraud Hotline: 1-833 FRAUD-11 (1-833-372-8311). This 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 next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. [ET]. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website: www.elderjustice.gov.

Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

RELEASE NUMBER:    2022-169_Elder Justice Release

 

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

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TUCSON, Ariz. – Alexandro Luis Gomez, 30, of Tucson, Arizona, was sentenced on September 28, 2022, by United States District Judge Rosemary Márquez to 17 years in prison, followed by five years of supervised release. Gomez previously pleaded guilty to Distribution of a Controlled Substance connected to the overdose death of a young man in December 2019. The Court also ordered Gomez to pay $12,727 in restitution to the decedent’s family as compensation for expenses related to the young man’s funeral and burial .

In December 2019, Gomez sold the decedent six pills containing fentanyl for $90, which caused the decedent to overdose and die from fentanyl toxicity.

As part of the law enforcement investigation into Gomez, agents witnessed him selling drugs to two other customers. When Gomez was arrested, he had 462 fentanyl pills and a handgun inside his vehicle. During a search of his residence, agents found drugs of various types, four additional firearms, multiple cellular telephones, and $10,625 in drug proceeds.

 “Drug dealers are responsible for the consequences when young Americans die from the poison they sell,” said United States Attorney Gary Restaino.  “This lengthy sentence for a $90 sale of six pills should serve both as a deterrent to other traffickers and as an homage to the victim’s family as they mourn his unexpected death.”

The Oro Valley Police Department, the Tucson Police Department, and the U.S. Drug Enforcement Administration conducted the investigation in this case. Assistant U.S. Attorney Thomas Forsyth handled the prosecution.

 

CASE NUMBER:            CR-20-1707-TUC-RM-EJM
RELEASE NUMBER:    2022-170_Gomez

 

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PHOENIX, Ariz. – Maria Fernanda Granillo-Velazquez, 21, of Mexico, was charged on August 19, 2022, by criminal complaint for Possession with Intent to Distribute Fentanyl. Granillo-Velazquez had her initial appearance on August 22, 2022, before United States Magistrate Judge Michael T. Morrissey. The case is set for trial on November 1, 2022, before United States District Judge John J. Tuchi.

The complaint alleges that, on August 18, 2022, members of the Phoenix DEA East Valley Drug Enforcement Task Force were contacted by the Pinal County Sheriff’s Office (PCSO) regarding a traffic stop of a vehicle on Interstate 10 in Pinal County, Arizona. The sole occupant of the vehicle was Granillo-Velazquez. During the traffic stop, a canine trained in detecting narcotics alerted to the presence of narcotics coming from the vehicle.

PCSO deputies searched the vehicle and discovered a concealed compartment in the floorboard underneath the rear seats. The concealed compartment contained approximately 21 packages containing blue pills stamped M30.  

Investigators seized approximately 36.75 kilograms (approximately 360,000 pills) from the vehicle. The Chandler Police Department laboratory confirmed a sample of the M30 pills contained fentanyl.

A conviction for possessing with the intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison.

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.

The Phoenix DEA East Valley Drug Enforcement Task Force and the Pinal County Sheriff’s Office are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

 

CASE NUMBER:            CR-22-01131-PHX-JJT
RELEASE NUMBER:    2022-166_Granillo-Velasquez

 

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TUCSON, Ariz. – Jeffery Daniel Gladney, 55, of Willcox, Arizona, was sentenced Monday by United States District Judge John C. Hinderaker to time served, amounting to over 25 months in prison. Gladney previously pleaded guilty on June 29, 2022, to Threatening to Assault a Federal Employee.

During the early summer of 2020, Gladney left several messages on the voicemail of his attorney’s office, threatening the United States Social Security Administration Law Judge assigned to his case. In the voicemails, Gladney threatened to assault and kill the judge, demanding his benefits be approved immediately, and instructing the legal assistant to relay the messages to the judge.  

Federal Protective Service of the U.S. Department of Homeland Security conducted the investigation in this case. Assistant U.S. Attorney Adam D. Rossi, District of Arizona, Tucson, handled the prosecution.

 

CASE NUMBER:              CR-20-02119-TUC-JCH
RELEASE NUMBER:      2022-168_Gladney

 

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PHOENIX, Ariz. – On September 8, 2022, John Logan Capps III, 71, of Fort Mohave, Arizona, was sentenced by Chief United States District Judge G. Murray Snow to 18 months in prison, followed by 36 months of supervised release. Capps previously pleaded guilty to Theft of Government Funds for stealing Social Security Administration (SSA) benefits. In addition to his prison sentence, Capps was ordered to pay over $1.3 million in restitution.

For over 20 years, Capps used stolen identities to fraudulently apply for and receive SSA benefits. In total, Capps is responsible for receiving $1,364,648.40 in stolen funds from the SSA. 

“For nearly two decades, Mr. Capps intentionally stole the identities of individuals to gain access to their Social Security benefits. This sentence demonstrates that we will continue to hold accountable those who criminally misuse the Social Security numbers of others for their own personal gain,” said Gail S. Ennis, Inspector General for the Social Security Administration.  “I thank the U.S. Attorney’s Office for prosecuting this case.”

“Our Financial Crimes and Public Corruption Section regularly partners with the Inspector General community to protect the public fisc,” said United States Attorney Gary Restaino. “Thanks to SSA-OIG for its efforts to safeguard the Social Security Trust Fund.”

The Social Security Administration Office of Inspector General conducted the investigation in this case. Assistant U.S. Attorney Andrew C. Stone, District of Arizona, Phoenix, handled the prosecution.

 

CASE NUMBER:            CR-21-00584-PHX-GMS
RELEASE NUMBER:    2022-167_Capps

 

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TUCSON, Ariz. – On September 27, 2022, Carlos Obed Moreno, 32, a United States citizen residing in Mexico, was sentenced by United States District Judge Raner C. Collins to 40 months in prison for attempting to smuggle pills into the United States in exchange for payment. Moreno previously pleaded guilty to Importation of Fentanyl into the United States. 

On January 6, 2022, Moreno presented himself for entry into the United States from Mexico at the De Concini Port of Entry in Nogales, Arizona. While at the Port, a Customs and Border Protection Officer noticed a knife in Moreno’s waistband and conducted a pat-down for officer safety. During the pat-down, the officer noticed packages stuffed in Moreno’s boots. Further inspection of the boots revealed the packages contained approximately 628.1 grams of blue fentanyl pills.

Homeland Security Investigations, Nogales, conducted the investigation in this case. Assistant U.S. Attorney Stefani Hepford, District of Arizona, Tucson, handled the prosecution.

 

CASE NUMBER:            CR-22-00259-TUC-RCC-LAB
RELEASE NUMBER:    2022-165_Moreno

 

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PHOENIX, Ariz. – Last week, Ryan C. Patterson, 34, of Scottsdale, Arizona, was found guilty by a federal jury on three counts of Tax Evasion. Sentencing is scheduled for December 5, 2022, before United States District Judge John J. Tuchi.

Patterson, a contractor specializing in remodels, failed to accurately report his income between calendar years 2014 and 2016. He received checks from customers made out to him personally and then deposited the checks into his personal checking accounts. He also received payments in cash from customers that he failed to report. At trial, the government introduced evidence that Patterson failed to report over $1.9 million in gross income and avoided paying a combined total of $700,000 in taxes due over the span of the three charged tax years.

The evidence at trial revealed that Patterson reported a loss of $38,000 in 2016 despite, in the same year, purchasing a primary residence for $445,000 along with other lavish expenditures.

"The American tax system provides government services critical to our residents," said U.S. Attorney Gary Restaino. "Every time someone cheats the tax system, the burden of providing vital services increases for taxpayers who pay their fair share. The jury’s verdict has sent a clear message that tax cheats will not be tolerated."

Internal Revenue Service - Criminal Investigation conducted the investigation in this case. Assistant U.S. Attorneys Kevin M. Rapp and Aron Ketchel, District of Arizona, Phoenix, handled the prosecution.

 

CASE NUMBER:            CR-21-00724-PHX-JJT
RELEASE NUMBER:    2022-164_Patterson

 

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PHOENIX, Ariz. – On September 22, 2022, Emmett Miguel, of Sells, Arizona, an enrolled member of the Gila River Indian Community, was found guilty by a jury of Aggravated Sexual Abuse and Abusive Sexual Contact.  In January 2012, Miguel sexually assaulted the 17-year-old victim at a dance in Sacaton, Arizona.  Sentencing is scheduled for December 14, 2022, before United States District Court Judge Susan M. Brnovich.

The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan and Alanna Kennedy, Assistant U.S. Attorneys, District of Arizona, Phoenix.
 

CASE NUMBER:            CR-21-00301-PHX-SMB
RELEASE NUMBER:    2022-163_Miguel

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TUCSON, Ariz. – Last week, Daniel Jerome Wagner, 54, of Phoenix, Arizona, was arrested on one count of Assault on a Federal Officer with the Use of a Deadly or Dangerous Weapon. Wagner was charged by criminal complaint and had his initial appearance on Friday before United States Magistrate Judge Eric J. Markovich.

On September 21, 2022, near Douglas, Arizona, a U.S. Border Patrol (USBP) agent attempted to conduct an immigration inspection of a vehicle driven by Wagner, who was suspected of engaging in smuggling undocumented noncitizens. The agent followed Wagner’s vehicle, which was traveling westbound at a high rate of speed on U.S. State Route 80. Wagner then abruptly stopped his vehicle,  causing the vehicle to spin in the middle of the highway. The agent stopped his vehicle and saw Wagner driving eastbound directly towards his fully marked U.S. Border Patrol vehicle. As Wagner drove towards the agent, he crossed into the agent’s lane, forcing the agent to drive off the highway and onto the shoulder to avoid being struck. Wagner drove past the agent’s vehicle, narrowly missing him. Other agents followed Wagner and eventually arrested him.

A conviction for Assault on a Federal Officer with the Use of a Deadly or Dangerous Weapon carries a maximum penalty of 20 years in prison, a fine of up to$250,000, or both.

A criminal complaint is simply the 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.

Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Raquel Arellano, District of Arizona, Tucson, is handling the prosecution.

 

CASE NUMBER:              22-00607MJ
RELEASE NUMBER:      2022-162_Wagner

 

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TUCSON, Ariz. – Oblin Jeremias Redondo-Lopez, 18, of Honduras, was arrested September 20, 2022, and charged by criminal complaint with High-Speed Flight from an Immigration Checkpoint and Illegal Entry into the United States. Redondo-Lopez had his initial appearance yesterday before United States Magistrate Judge Eric J. Markovich.

On Tuesday, a gold 2002 Buick Rendezvous drove through the United States Border Patrol checkpoint on West Arivaca Road near Amado, Arizona.  The vehicle did not slow down or stop as required by the speed bumps, signage, and Arizona Department of Transportation regulations. Instead, the vehicle fled the checkpoint with agents in pursuit. The driver continued onto Interstate 10 traveling at an estimated 110 miles per hour in a 75 mile per hour zone when he was finally stopped by the Pinal County Sheriff’s Department on Interstate 10 near Picacho Peak. The driver was identified as Oblin Jeremias Redondo-Lopez.

A conviction for High-Speed Flight from an Immigration Checkpoint carries a maximum penalty of 5 years in prison, a fine of up to $250,000, or both.

A criminal complaint is simply the 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.

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

CASE NUMBER:            22-00594MJ
RELEASE NUMBER:    2022-161_Redondo-Lopez
 

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TUCSON, Ariz. – Last week, Josue Lopez Quintana, 25, of Tucson, Arizona, was charged by criminal complaint for Making a False Statement to Law Enforcement. Quintana had his initial appearance Monday before United States Magistrate Judge Eric J. Markovich.

On August 25, 2022, following a mass shooting in Tucson, Arizona that resulted in the death of four individuals, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) initiated an investigation into the acquisition of a firearm used in the shooting. According to the complaint, ATF was able to determine that the firearm’s lower receiver was purchased at a Federal Firearms Licensee (FFL) in Tucson, Arizona, by Quintana in November 2021. Quintana allegedly completed a form at the FFL stating that he was the true purchaser of the lower receiver, and that he was not acquiring the lower receiver on behalf of another person. On August 26, 2022, federal agents interviewed Quintana about the purchase, during which Quintana allegedly made false statements about the purchase of the lower receiver.

A conviction for Making a False Statement to Law Enforcement carries a maximum penalty of five years’ imprisonment, a $250,000 fine, or both.

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.

ATF is conducting the investigation in this case, with assistance from the Tucson Police Department and Homeland Security Investigations. The Financial Crimes and Public Corruption Section of the U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.

 

CASE NUMBER:            22-00499MJ
RELEASE NUMBER:    2022-158_Quintana

 

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PHOENIX, Ariz. – On September 13, 2022, Jorge Zuniga-Aguilera, 23, of Arizona City, Arizona, was sentenced by United States District Judge Douglas L. Rayes to 27 months in prison, followed by 36 months of supervised release. Zuniga-Aguilera previously pleaded guilty to Making a False Statement During the Purchase of a Firearm.

Between September 2020 and June 2021, Zuniga-Aguilera straw purchased at least 82 firearms from Arizona gun stores and put them into illegal commerce. Two of these firearms were recovered by law enforcement in Mexico City, Mexico. One was used to murder a Mexican citizen.

Zuniga-Aguilera purchased the firearms for a person whom he knew did not have legal status in the United States—and who therefore could not legally purchase firearms—in exchange for money. To make the purchases, Zuniga-Aguilera lied about where he lived and lied about being the true purchaser of the firearms.

“Border security means protecting our neighbor’s sovereignty,” said United States Attorney Gary Restaino.  “When American guns flow south into Mexico, we all lose.  Straw purchase prosecutions are an important step in securing the border and protecting communities in both countries.”

“ATF is committed to stopping illegal firearms trafficking both within the United States and internationally,” said Brendan Iber, ATF Special Agent in Charge. “We will continue to work with our law enforcement partners to identify and stop straw purchasers and those persons or organizations enabling straw purchasers.”

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, assisted by the U.S. Customs and Border Protection, conducted the investigation in this case. Assistant U.S. Attorney Coleen Schoch, District of Arizona, Phoenix, handled the prosecution.

 

CASE NUMBER:            CR-21-00744-DLR-PHX
RELEASE NUMBER:    2022-160_Zuniga-Aguilera

 

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TUCSON, Ariz. – On September 8, 2022, a federal grand jury in Tucson returned a six-count indictment against Jesus Alberto Ibarra-Barraza, 31, of Tucson, Arizona, for Conspiracy to Transport Illegal Aliens for Profit, four counts of Transportation of an Illegal Alien for Profit, and one count of Threats to Murder an Employee of the United States.

The indictment alleges that on March 16, 2022, Ibarra-Barraza attempted to transport four undocumented noncitizens in his vehicle. After encountering law enforcement, Ibarra-Barraza stopped his vehicle, allowed the passengers to exit, then fled at a high rate of speed. Shortly after, he crashed his vehicle, resulting in serious bodily injury to himself. While at the hospital, Ibarra-Barraza verbally confronted a United States Border Patrol agent and threatened to kill the agent upon his release from the hospital.

Each charge in the indictment carries a maximum penalty of 10 years in federal prison and a fine of up to $250,000, or both.

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

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:            CR-22-01958-SHR-MSA
RELEASE NUMBER:    2022-157_Ibarra-Barrazaa
 

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TUCSON, Ariz. – Cesar Alejandro Avendano-Soto, 21, of Mexico, pleaded guilty to one count of Assault on a Federal Officer Resulting in Bodily Injury on September 16, 2022. Sentencing is scheduled for January 6, 2023, before United States District Judge Scott H. Rash.

On March 24, 2020, at the DeConcini Port of Entry, Avendano-Soto struggled with a U.S. Customs and Border Protection officer. During the struggle, Avendano-Soto intentionally threw the officer to the ground resulting in physical injury to the officer.

A conviction for assault on a federal officer resulting in bodily injury carries a maximum penalty of 20 years in prison, a fine of up to $250,000, or both.

Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorney Sarah B. Houston, District of Arizona, Tucson, is handling the prosecution.

 

CASE NUMBER:            CR21-01527-TUC-SHR(DTF)
RELEASE NUMBER:    2022-158_Avendano-Soto

 

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TUCSON, Ariz. – Eliazar Vazquez-Alvaro, 20, of Mexico, was arrested Sunday on one count of Assault on a Federal Officer with the Use of a Deadly or Dangerous Weapon. Vazquez-Alvaro was charged by criminal complaint and had his initial appearance Tuesday before United States Magistrate Judge Jacqueline M. Rateau.

On September 11, 2022, near Naco, Arizona, a U.S. Border Patrol agent attempted to conduct an immigration inspection of an individual later identified as Eliazar Vazquez-Alvaro. The agent instructed Vazquez-Alvaro to kneel and place his backpack on the front of his torso. When the agent reached for his handcuffs, Vazquez-Alvaro stood up and swung the approximately 10-pound backpack at the agent’s head. The backpack struck the agent in the face, causing bodily injury to the agent. Vazquez-Alvaro attempted to run but was later apprehended.

A conviction for assault on a federal officer with the use of a deadly or dangerous weapon carries a maximum penalty of 20 years in prison, a fine up to $250,000, or both.

A criminal complaint is simply the 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.

Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Raquel Arellano, District of Arizona, Tucson, is handling the prosecution.

 

CASE NUMBER:                   22-08812MJ
RELEASE NUMBER:           2022-155_Vazquez-Alvaro

 

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PHOENIX, Ariz. – Samuel Rappylee Bateman, 46, of Colorado City, Arizona, was arrested on Tuesday in Colorado City for charges returned by a federal grand jury on September 6, 2022.  The indictment charges Bateman with Destruction of Records or an Attempt to Destroy Records in an Official Proceeding; Tampering or Attempting to Tamper with an Official Proceeding; and Destruction of Records in a Federal Investigation.

The indictment alleges that on August 28, 2022, Bateman destroyed or attempted to destroy records, by deleting or aiding and abetting others to delete, electronic communications associated with Signal accounts.  Signal is an encrypted messaging application.  The indictment further alleges that Bateman did so in order to obstruct, influence, and impede an investigation and prosecution in federal court.  A conviction for each of these crimes carries a maximum sentence of 20 years’ imprisonment.

An indictment 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.

Bateman had his initial appearance yesterday before United States Magistrate Judge Camille D. Bibles in Flagstaff, Arizona.

The Phoenix Field Office of the Federal Bureau of Investigation (FBI) is handling the investigation.  The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.  The United States Attorney’s Office would like to extend special gratitude to the Arizona Department of Child Safety for its work protecting Arizona children impacted by this matter, as well as the Colorado City Marshal’s Office, the Mohave County Sheriff’s Office, the Washington County Sheriff’s Office, and the St. George resident agency of the FBI’s Salt Lake City Field Office for their assistance in this matter.

 

CASE NUMBER:            CR-22-08092-PCT-DGC (ESW)
RELEASE NUMBER:    2022-156_Bateman

 

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PHOENIX, Ariz. – Last week, Kelly Pichardo, 32, of Bronx, New York, was sentenced by United States District Judge Dominic W. Lanza to four months in prison followed by 36 months of supervised release. Pichardo previously pleaded guilty to Interference with Flight Crew Members. Pichardo was also ordered to pay restitution to American Airlines in the amount of $9,123.00. 

In 2021, Pichardo and her co-defendant, Leeza S. Rodriguez, engaged in unruly and intimidating behavior while traveling first class on an American Airlines flight from Dallas to Los Angeles. Their actions caused such a disturbance that the pilot had to divert the flight to Phoenix, Arizona, so Pichardo and Rodriguez could be removed from the plane. Rodriguez is scheduled to be sentenced pursuant to her guilty plea in this case on November 7, 2022.    

“There is a line between boorish behavior on an airplane and criminal activity, and the defendant clearly crossed it,” said United States Attorney Gary Restaino.  “First class passengers are not immune from prosecution: defendant’s verbal and physical intimidation disrupted the travel of passengers and crew alike.”

The Federal Bureau of Investigation conducted the investigation in this case with assistance from the Phoenix Police Department. Assistant U.S. Attorney Kevin Hakala, District of Arizona, Phoenix, handled the prosecution.

 

CASE NUMBER:           CR-21-00494-PHX-DWL
RELEASE NUMBER:    2022-154_Pichardo

 

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TUCSON, Ariz. – On Tuesday, Martin Trinidad-Solano, 25, of Mexico, was sentenced by Senior United States District Judge Raner C. Collins to approximately 14 months in prison, followed by one year of supervised release. Trinidad-Solano previously pleaded guilty to one count of Assault on a Federal Officer on June 15, 2022.

Trinidad-Solano assaulted a United States Border Patrol (USBP) agent assigned near the U.S. – Mexico Boundary Fence near Douglas, Arizona. Border Patrol surveillance notified the agent of a suspected undocumented noncitizen hiding in the brush. The agent approached Trinidad-Solano when a chase ensued. The USBP agent was able to apprehend Trinidad-Solano, who then assaulted the agent.

The Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorneys Adam D. Rossi and Matthew C. Cassell, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-21-01791-TUC-RCC-LCKC
RELEASE NUMBER:    2022-153_Trinidad-Solano
 

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TUCSON, Ariz. – Yesterday, Jesus Alfonso Duarte, 22, of Pima, Arizona, was sentenced by United States District Judge Rosemary Márquez to 46 months in prison, followed by five years of supervised release. Duarte previously pleaded guilty to Conspiracy to Import Fentanyl, Methamphetamine, and Heroin. 

On March 29, 2020, Duarte entered the United States at the DeConcini Port of Entry in Nogales, Arizona with over 25 pounds of methamphetamine, five pounds of heroin, and two pounds of fentanyl hidden in his vehicle. During his interview with federal agents, Duarte admitted to working for a known drug trafficker in Mexico and lending his vehicle to the trafficker prior to reentering the United States.

Homeland Security Investigations conducted the investigation in this case with assistance from the Customs and Border Protection’s Office of Field Operations. Assistant U.S. Attorney Ashley B. Culver, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-20-2318-TUC-RM
RELEASE NUMBER:    2022-152_Duarte

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PHOENIX, Ariz. – On August 24, 2022, Kyle Matthew Thompson, 47, of Mohave Valley, Arizona, was sentenced by United States District Judge David G. Campbell to 30 years in prison. On February 24, 2022, a jury found Thompson guilty on two counts of Travel with Intent to Engage in Illicit Sexual Conduct with two 15-year-old girls, and two counts of Commission of Sex Offense by Registered Sex Offender.

Thompson, a registered sex offender, had a prior 2013 conviction for Attempted Sexual Exploitation of a Minor from Mohave County Superior Court. In November 2016, shortly after his release from state prison, Thompson posed as a Hollywood movie producer and used his social media account to contact the two 15-year-old victims, Victim 1 and Victim 2. On December 26, 2016, Thompson departed on a cross-country trip to meet the minor victims. Thompson engaged in sexual intercourse with Victim 1 the morning after his arrival, and then socialized with the victims, their friends, and their unsuspecting parents. He also repeatedly requested sex acts with Victim 2. Before and during his travel, Thompson engaged in sexually explicit calls and messages with both victims. Thompson impersonated a famous actor in an effort to entice Victim 2 and encourage Victim 2 to engage in sex acts with him. Thompson photoshopped himself into celebrity photos and shared them to his social media account to further bolster his fame-adjacent persona.

“Social media makes children particularly vulnerable to sexual predators,” said United States Attorney Gary Restaino. “This sentence should send a powerful message to anyone who travels with the intent to abuse young people.”

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 Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

The case was investigated by the Talladega County Sheriff’s Office, the Alabama Law Enforcement Agency, the Federal Bureau of Investigation (Phoenix and Birmingham), with the assistance of the Mississippi Department of Public Safety, the Mohave County Sheriff’s Department, the Los Angeles County Sheriff’s Department, the United States Postal Inspection Service (Birmingham, Alabama) and the Customs and Border Protection’s U.S. Border Patrol. Assistant U.S. Attorneys Gayle L. Helart and Alanna R. Kennedy, District of Arizona, Phoenix, handled the prosecution.

 

CASE NUMBER:            CR-18-08162-PHX-PCT-DGC
RELEASE NUMBER:    2022-151_Thompson

 

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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.

TUCSON, Ariz. – Last week, Ian Esteban Serrano, 27, and Marco Antonio Romero, 22, both from Nogales, Arizona, were each sentenced by United States District Judge Raner C. Collins to 45 months in federal prison. A sentence of 37 months was imposed for their role in smuggling undocumented noncitizens into the United States, and a consecutive sentence of eight months was imposed for Serrano’s violation of supervised release from a previous conviction for the same offense in 2016 and Romero’s violation of supervised release from a previous conviction for the same offense in 2019.

Romero pleaded guilty on June 2, 2022, and Serrano pleaded guilty on June 9, 2022, both pleading to one count of Conspiracy to Transport and Harbor Illegal Aliens for Profit. Together, Serrano and Romero managed and supervised the human smuggling organization. The co-conspirators coordinated smuggling operations by recruiting drivers and sending them to various locations to pick up or drop off undocumented individuals in the Nogales and Rio Rico communities. Serrano has two prior convictions for the same offense and Romero has one prior conviction for the same offense.

This prosecution resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the District of Arizona is part of JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime.

The United States Border Patrol, Nogales Station, and Homeland Security Investigations in Nogales, Arizona conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

 

CASE NUMBER:            CR 21-00869-TUC-RCC-4
RELEASE NUMBER:    2022-150_Romero-Serrano

 

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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.