District of Arizona
Press releases recorded for this federal judicial district.
Phoenix Man Sentenced to over 22 Years for Sexual Abuse of a MinorRead the Press Release
PHOENIX, Ariz. – Last week, Maurice Xavier Hollins, 25, of Phoenix, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 270 months in prison. Hollins previously pleaded guilty to Abusive Sexual Contact of a Child. After Hollins finishes serving his term in federal prison, he will be placed on supervised release for the rest of his life.
In early 2020, Hollins sexually abused the victim while staying with the victim’s family on the Navajo Nation. The victim is an enrolled member of the Navajo Nation.
The Federal Bureau of Investigation and the Navajo Nation Department of Public Safety conducted the investigation in this case. Jason Crowley, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR 20-08083-DLR
RELEASE NUMBER: 2021- 078_Hollins# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Phoenix Man Sentenced to 50 Months for Cross-Country Drug ConspiracyRead the Press Release
PHOENIX, Ariz. – Last week, Brandon (Brandi) Greenberg, 30, of Phoenix, was sentenced by U.S. District Judge John J. Tuchi to 50 months in prison, followed by 48 months of supervised release. Greenberg previously pleaded guilty to conspiracy and distribution of methamphetamine.
Over a nine-month period in 2018 and 2019, Greenberg mailed 30 parcels of methamphetamine ranging from less than half a pound to roughly six pounds, from Arizona to Massachusetts through the U.S. Postal Service. Most of the methamphetamine originated in Phoenix, and was then distributed by Greenberg’s co-conspirators in the greater Boston metropolitan area. Western Union and U.S. Postal Service records established payments sent from co-conspirators in Massachusetts to Greenberg in Arizona. During the execution of a search warrant at Greenberg’s residence in Phoenix in August 2019, investigators seized an additional 486 grams of methamphetamine.
Several other individuals who participated in the conspiracy have pleaded guilty and are awaiting sentencing in Massachusetts.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The U.S. Postal Inspection Service, Drug Enforcement Administration, and Homeland Security Investigations conducted the investigation in this case. Assistance was provided by the Massachusetts State Police, the Boston (Massachusetts) Police Department, the Peoria (Arizona) Police Department, the Middlesex County (Massachusetts) District Attorney’s Office, the Suffolk County (Massachusetts) District Attorney’s Office, and the Arlington (Massachusetts) Police Department. Assistant U.S. Attorney James E. Arnold, District of Massachusetts and Assistant U.S. Attorney Jacqueline Schesnol, District of Arizona, handled the prosecution.
CASE NUMBER: CR21-288-JJT
RELEASE NUMBER: 2021-077_Greenberg# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Phoenix Man Sentenced to 30 Months for Possession with Intent to Distribute MethamphetamineRead the Press Release
PHOENIX, Ariz. –Andrew Walsh, 43, of Phoenix, Arizona, was sentenced yesterday by U.S. District Judge Diane J. Humetewa to 30 months in prison, followed by 36 months of supervised release. Walsh previously pleaded guilty to possession with intent to distribute methamphetamine.
On August 28, 2021, federal agents executed a search warrant at Walsh’s residence. At that time, Walsh was in possession of 496.9 grams of a mixture of methamphetamine intended for distribution.
The Federal Bureau of Investigation and the Navajo Nation Department of Public Safety conducted the investigation in this case. Special Assistant U.S. Attorney Kevin Pooley, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-20-00584-PHX-DJH
RELEASE NUMBER: 2021-076_Walsh# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Phoenix Man Sentenced to over 4 Years for Abusive Sexual ContactRead the Press Release
PHOENIX, Ariz. – Yesterday, Virgil Fabian Brown, Jr., 44, of Phoenix, Arizona, was sentenced by U.S. District Judge Michael T. Liburdi to 54 months in prison, followed by ten years of supervised release. Brown previously pleaded guilty to two counts of Abusive Sexual Contact.
On November 3, 2018, Brown touched the adult victim’s breast and genitalia while she was unconscious. His 54-month sentence includes two and a half years for Abusive Sexual Contact and a consecutive two years of confinement for Abusive Sexual Contact Without Permission. Brown is also required to register as a sexual offender for life. Brown is an enrolled member of the Gila River Indian Community,
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-19-01419-PHX-MTL
RELEASE NUMBER: 2021- 075_Brown# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Phoenix Man Sentenced to 4 Years for AssaultRead the Press Release
PHOENIX, Ariz. – On Wednesday, Augustine Apkaw, 34, of Phoenix, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to four years in prison, followed by three years of supervised release. Apkaw previously pleaded guilty to Assault Resulting in Serious Bodily Injury.
On September 16, 2020, Apkaw hit his victim in the face with a baseball bat, causing her to suffer a broken jaw and tooth. Apkaw is an enrolled member of the Gila River Indian Community.
The Gila River Police Department conducted the investigation in this case. Assistant U.S. Attorney Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-00198-PHX-SMB
RELEASE NUMBER: 2021- 073_Apkaw# # #
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.Doctor and Owner of Medical Practice Indicted for Health Care FraudRead the Press Release
TUCSON, Ariz. – On Wednesday, a federal grand jury returned a fifty-count indictment, charging Linh Cao Nguyen, M.D., 48, of Peoria, Arizona, with Health Care Fraud, False Statements Relating to a Health Care Matter, and Aggravated Identity Theft.
Dr. Nguyen ran a mobile multi-specialty medical practice that primarily treated patients in their homes and living facilities throughout Phoenix and Tucson, Arizona. The indictment alleges that for over a decade, Dr. Nguyen, through his practice, engaged in a health care fraud scheme by submitting false claims to health care insurance programs for medical services: (1) that identified a physician as the rendering provider when Dr. Nguyen knew that the service was not completed by a physician and did not qualify for reimbursement as a physician; (2) that were not medically necessary; (3) that were billed at a higher complexity level than the actual level of care provided; and (4) that were not performed as the only legitimate service rendered was a Covid vaccination. The indictment also alleges that Dr. Nguyen created false medical records to conceal and avoid detection of his fraudulent billing practices. During the timeframe of the indictment, Dr. Nguyen, through his medical practice, is alleged to have billed Medicare approximately $50 million dollars and received approximately $33 million dollars in Medicare funds.
Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The United States Department of Health and Human Services (Office of Inspector General), the United States Defense Criminal Investigative Service (Department of Defense Inspector General) and the Federal Bureau of Investigation are investigating the case. The U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-21-2716-TUC-JCH (LCK)
RELEASE NUMBER: 2021-074_Nguyen# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Coolidge Real Estate Investor Convicted of Wire Fraud and Money LaunderingRead the Press Release
PHOENIX, Ariz. – Last week, Sarah Nicole Kelley, 40, of Coolidge, Arizona, was found guilty by a federal jury of 24 counts of wire fraud and 8 counts of money laundering. The case was tried before U.S. District Judge John J. Tuchi. Kelley is currently out of custody until her sentencing date, which is scheduled for February 3, 2022.
The evidence at trial showed that Kelley defrauded a family friend out of the friend’s entire $185,000 in savings. Kelley, a former real estate agent, convinced the victim to invest in a real estate project and send additional money for a short-term loan. Instead of using the money as promised, Kelley used all of the victim’s savings to pay off her own debts and then strung the victim along for months with a series of lies and excuses about how the money was spent and when the victim would get it back. Other evidence showed that Kelley defrauded another family friend out of $647,000 just a few years earlier using similar tactics.
A conviction for wire fraud carries a maximum penalty of 20 years of imprisonment, a $250,000 fine, or both. A conviction for money laundering carries a maximum penalty of 10 years of imprisonment, a $250,000 fine, or both.
The Internal Revenue Service – Criminal Investigation conducted the investigation in this case. Assistant United States Attorneys Caitlin Noel, James R. Knapp, and M. Bridget Minder, District of Arizona, handled the prosecution.
CASE NUMBER: CR-19-1143-PHX-JJT
RELEASE NUMBER: 2021-072_Kelley# # #
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.Human Smuggler Pleads Guilty to Operating Phoenix Stash HouseRead the Press Release
TUCSON, Ariz. –Macario Ulises Barragan-Cisneros, 45, of Mexico, pleaded guilty in federal court yesterday in connection with his role as the operator of a human smuggling stash house located in Phoenix, Arizona.
Barragan-Cisneros admitted that he conspired to transport and harbor illegal aliens for profit. On September 21, 2021, Barragan-Cisneros was arrested inside a trailer at the Camino Vista Mobile Home Park located at 6532 West Van Buren Street. The trailer was used to conceal undocumented noncitizens as part of a transnational human smuggling operation in which foreign nationals were smuggled across the U.S.-Mexico border near Nogales, Arizona and transported to Phoenix. Agents with Homeland Security Investigations and United States Border Patrol located a total of 29 smuggled individuals, all citizens of Mexico or Guatemala, in or around the trailer.
Sentencing is set before U.S. District Judge Scott H. Rash on January 10, 2022. A conviction for Conspiracy to Transport and Harbor Illegal Aliens for Profit carries a maximum penalty of ten years, a maximum fine of $250,000, or both.
Special Agents from Homeland Security Investigations – Nogales Office, with assistance from United States Border Patrol – Nogales Station, conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
This case resulted from the efforts of the Joint Task Force Alpha (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. JTFA consists of federal prosecutors and attorneys from U.S. Attorney’s Offices along the Southwest Border (District of Arizona, Southern District of California, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement and Customs and Border Protection. The FBI and the Drug Enforcement Administration are also part of the Task Force.
CASE NUMBER: CR-21-1341-TUC-SHR-MSA
RELEASE NUMBER: 2021-071_Barragan-Cisneros# # #
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.Chinle Man Sentenced to over 18 Years for Second Degree Murder in Domestic Violence CaseRead the Press Release
PHOENIX, Ariz. – Last week, Roderrell Boyd Charley, 33, of Chinle, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 222 months of imprisonment. Charley previously pleaded guilty to Second Degree Murder.
Between October 7 and 8, 2019, Charley beat the victim to death with his fists and feet. Family members heard Charley screaming and arguing with the victim on the night of October 7. On the morning of October 8, Charley told his sister that the victim was no longer breathing and left the scene. Charley’s mother called the police, who located the victim lying on the road. The victim was pronounced dead on arrival at the emergency room. The victim died of blunt trauma, and had serious internal injuries, multiple fractures, and extensive bruising on her face and body. Charley is an enrolled member of the Navajo Nation.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Jennifer E. LaGrange and Sharon K. Sexton, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08011-PCT-DLR (MHB)
RELEASE NUMBER: 2021- 070_Charley# # #
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 Man Sentenced to 10 Years for Child Pornography ChargesRead the Press Release
TUCSON, Ariz. – Robert Henderson, Jr., 59, of Tucson, Arizona, was sentenced yesterday by U.S. District Judge Jennifer G. Zipps to 10 years in prison. Henderson previously pleaded guilty to Distribution of Child Pornography.
Henderson was charged with child pornography offenses on June 26, 2019, after a law enforcement investigation identified him as using a file-sharing network to obtain child sex abuse material in 2018. Upon release from prison, Henderson will be placed on lifetime supervised release with stringent conditions of supervision. He will also be required to register as a sex offender and to complete a sex offender treatment program.
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. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Homeland Security Investigations, Tucson, conducted the investigation in this case. Assistant U.S. Attorney, Carin C. Duryee, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 19-01675-TUC-JGZ
RELEASE NUMBER: 2021- 068_Henderson# # #
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.Drug Trafficker Sentenced to 5 YearsRead the Press Release
TUCSON, Ariz. – Anastacio Alvarez-Lion, 41, of Nogales, Sonora, Mexico, was sentenced yesterday by U.S. District Judge Rosemary Marquez to five years in prison, followed by three years of supervised release. Alvarez-Lion previously pleaded guilty to conspiracy to distribute cocaine, heroin, and methamphetamine and to illegal reentry after removal.
The investigation into the case revealed that Alvarez-Lion operated as an “arete” (trusted supervisor) for a Mexican based drug trafficking organization. Alvarez-Lion served as a guide and supervisor for a group of Mexican nationals who transported narcotics into the United States by means of backpacks. Alvarez-Lion was arrested on June 30, 2020 in Tucson after delivering a load of narcotics to a trusted courier. Agents arrested Alvarez-Lion in a vehicle that had three backpacks containing approximately 1.46 kilograms of cocaine, 342.5 grams of heroin, and 19.19 kilograms of methamphetamine, as well as a loaded handgun magazine.
Homeland Security Investigations conducted the investigation in this case, with assistance from the United States Border Patrol. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 20-2246-02-TUC-RM (LCK)
RELEASE NUMBER: 2021- 069_Alvarez-Lion# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.United States Attorney's Office District of Arizona September 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
238 individuals were charged in September with illegal reentry
A. 196 of those 238 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 196 individuals with non-immigration criminal records:
1. 52 had violent crime convictions, including:
2 individuals had homicide convictions
11 individuals had sex offense convictions
15 individuals had domestic violence convictions2. 6 had property crime convictions
3. 40 had DUI convictions
4. 113 had drug crime convictions
B. 116 of those 196 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
47 individuals were charged in September with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in September with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
RELEASE NUMBER: 2021-067_September Immigration and Border Crimes Report
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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.Shonto Man Sentenced to Prison for Voluntary ManslaughterRead the Press Release
PHOENIX, Ariz. – On Monday, Landis Grant Yellow, 29, of Shonto, Arizona, was sentenced by U.S. District Judge Steven P. Logan to 78 months in prison, followed by three years of supervised release. Yellow previously pleaded guilty to one count of voluntary manslaughter.
In December 2017, Yellow stabbed the victim with a knife, killing him. The stabbing took place on the Navajo Nation Indian Reservation, where Yellow is an enrolled tribal member.
The Federal Bureau of Investigation and the Navajo Nation Department of Criminal Investigation conducted the investigation in this case. Assistant U.S. Attorneys Amy Chang and Sharon Sexton, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-08194-PCT-SPL
RELEASE NUMBER: 2021-065_Yellow# # #
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.Leupp Man Sentenced to over 20 Years for Second Degree MurderRead the Press Release
PHOENIX, Ariz. – On Tuesday, Melvin James, 44, of Leupp, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 246 months in prison, followed by three years of supervised release. James previously pleaded guilty to Second Degree Murder.
On November 17, 2018, James was staying at a residence on the Navajo Nation. That night, James attacked his girlfriend, stabbing her multiple times. She died at the scene from her injuries. When the victim’s father tried to intervene during the attack, James stabbed and seriously injured him as well. James is an enrolled member of the Navajo Nation Indian Tribe.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Christina Reid-Moore and Jason Crowley, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: 19-CR-08019-DLR
RELEASE NUMBER: 2021- 066_James# # #
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.Teetso Man Sentenced to 5 Years for ArsonRead the Press Release
PHOENIX, Ariz. – On Tuesday, Nevale Roanhorse, 39, of Teetso, Arizona, was sentenced by U.S. District Judge Diane J. Humetewa to five years in prison, followed by five years of supervised release. Roanhorse previously pleaded guilty to Arson.
On July 3, 2020, Roanhorse broke into a neighbor’s home on the Navajo Nation. Once inside, he started several fires that eventually consumed the structure. Roanhorse is an enrolled member of the Navajo Nation.
The Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Navajo Nation Division of Public Safety conducted the investigation in this case. Jason Crowley, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR 20-08084-DJH
RELEASE NUMBER: 2021- 064_RoanhorseSacaton Man Sentenced to 6 Years for Possession with Intent to Distribute Methamphetamine while on Federal SupervisionRead the Press Release
PHOENIX, Ariz. – Lawrence Antonio Jackson, 30, of Sacaton, Arizona, was sentenced yesterday by U.S. District Judge Diane J. Humetewa to 5 years in prison, followed by three years of supervised release. Jackson also received an additional year in prison because he committed this offense while on federal supervised release for Possession of a Dangerous Weapon in a Federal Courthouse. Jackson previously pleaded guilty to Possession with Intent to Distribute Methamphetamine.
On September 6, 2020, Jackson possessed 6.8 grams of actual methamphetamine, several small baggies, multiple scales, and a Luger pistol. Jackson is an enrolled member of the Gila River Indian Community.
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-21-00297-PHX-DJH, CR 18-01239-PHX-DJH
RELEASE NUMBER: 2021- 063_Jackson# # #
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.Chinle Man Sentenced to Sixteen Years for Sexual Abuse of a MinorRead the Press Release
PHOENIX, Ariz. – Elbert Leonard Cly, 45, of Chinle, Ariz., was sentenced yesterday by Chief U.S. District Judge G. Murray Snow to 16 years in prison for sexual abuse of a minor. The sentence was ordered to be served consecutive to a 15-year sentence that Cly is currently serving in the Texas Department of Corrections for sexually abusing another minor. Cly previously pleaded guilty to Abusive Sexual Contact of a Child.
Between 2008 and 2010, Cly sexually abused the victim while living with the victim’s family on the Navajo Nation. Cly is an enrolled member of the Navajo Nation. Years later, the victim came forward after Cly was convicted for sexually abusing another child in Texas. Federal authorities commenced an investigation into the allegations, took Cly into federal custody, and transported him to Arizona to face these charges. After Cly finishes serving his state and federal prison terms, he will be placed on supervised release for the rest of his life.
The Federal Bureau of Investigation conducted the investigation in this case. William G. Voit, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR 18-08314-GMS
RELEASE NUMBER: 2021-062_Cly# # #
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.National Health Care Fraud Enforcement Action Results in Charges Involving over $1.4 Billion in Alleged LossesRead the Press Release
PHOENIX, Ariz. – The Department of Justice announced today criminal charges against 138 defendants, including 42 doctors, nurses, and other licensed medical professionals, in 31 federal districts across the United States for their alleged participation in various healthcare fraud schemes that resulted in approximately $1.4 billion in alleged losses.
The enforcement action includes criminal charges against two defendants here in the District of Arizona, involving health care fraud, for over $1.2 million in losses.
Nationwide, the charges target approximately $1.1 billion in fraud committed using telemedicine (the use of telecommunications technology to provide health care services remotely), $29 million in COVID-19 health care fraud, $133 million connected to substance abuse treatment facilities, or “sober homes,” and $160 million connected to other health care fraud and illegal opioid distribution schemes across the country.
“Today’s announcement highlights law enforcement’s ongoing, nationwide commitment to eradicate health care fraud,” said Acting United States Attorney Glenn B. McCormick. “Anyone tempted by greed to cheat taxpayers, abuse our healthcare system, and place vulnerable people at risk through health care fraud will be discovered, disgorged of ill-gotten gains, face loss of licensure, and time in prison. We are committed to work alongside our partners in law enforcement to protect the integrity of our health care system.”
“This nationwide enforcement action demonstrates that the Criminal Division is at the forefront of the fight against health care fraud and opioid abuse by prosecuting those who have exploited health care benefit programs and their patients for personal gain,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The charges announced today send a clear deterrent message and should leave no doubt about the department’s ongoing commitment to ensuring the safety of patients and the integrity of health care benefit programs, even amid a continued pandemic.”
Today’s enforcement actions were led and coordinated by the Health Care Fraud Unit of the Criminal Division’s Fraud Section, in conjunction with its Health Care Fraud and Appalachian Regional Prescription Opioid (ARPO) Strike Force program, and its core partners, the U.S. Attorneys’ Offices, the Department of Health and Human Services Office of Inspector General (HHS-OIG), FBI, and the Drug Enforcement Administration (DEA), as part of the department’s ongoing efforts to combat the devastating effects of health care fraud and the opioid epidemic. The District of Arizona worked with the Justice Department’s Criminal Division and agents from HHS-OIG, FBI, DEA, and other federal and state law enforcement agencies in the investigation and prosecution of these cases.
“Health care fraud targets the vulnerable in our communities, our health care system, and our basic expectation of competent, available care,” said Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division. “Despite a continued pandemic, the FBI and our law enforcement partners remain dedicated to safeguarding American taxpayers and businesses from the steep cost of health care fraud.”
“We have seen all too often criminals who engage in health care fraud — stealing from taxpayers while jeopardizing the health of Medicare and Medicaid beneficiaries,” said Deputy Inspector General for Investigations Gary L. Cantrell of HHS-OIG. “Today’s announcement should serve as another warning to individuals who may be considering engaging in such illicit activity: our agency and its law enforcement partners remain unrelenting in our commitment to rooting out fraud, holding bad actors accountable, and protecting the millions of beneficiaries who rely on federal health care programs.”
“Holding to account those responsible for health care fraud and diversion of prescription drugs is a priority for DEA,” said DEA Administrator Anne Milgram. “These fraudulent activities prey on our most vulnerable – those in pain, the substance-addicted, and even the homeless – those who are most susceptible to promises of relief, recovery, or a new start. Not only do these schemes profit from desperation, but they often leave their victims even deeper in addiction. We are grateful to our partners who stand with us to keep our communities safer and healthier through our collective efforts to prevent the misuse and over-prescribing of controlled medications.”
“Every dollar saved is critical to the sustainability of our Medicare programs and meeting the needs of seniors and people with disabilities,” said Centers for Medicare & Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure. “CMS has taken actions against 28 providers on behalf of people with Medicare coverage and to protect the Medicare Trust Fund. Actions like this to combat fraud, waste and abuse in our federal programs would not be possible without the successful partnership of Centers for Medicare & Medicaid Services, the Department of Justice and the U.S. Department of Health and Human Services, Office of Inspector General.”
Telemedicine Fraud CasesThe largest amount of alleged fraud loss charged in connection with the cases announced today – over $1.1 billion in allegedly false and fraudulent claims submitted by more than 43 criminal defendants in 11 judicial districts nationwide – relates to schemes involving telemedicine.
The continued focus on prosecuting health care fraud schemes involving telemedicine reflects the success of the nationwide coordinating role of the Fraud Section’s National Rapid Response Strike Force, the creation of which was announced at the 2020 National Health Care Fraud and Opioid Takedown. The National Rapid Response Strike Force helped coordinate the prosecution of the telemedicine initiative, Sober Homes initiative, and COVID-19 cases that were announced today. The focus on telemedicine fraud also builds on the telemedicine component of last year’s national takedown and the impact of the 2019 “Operation Brace Yourself” Telemedicine and Durable Medical Equipment Takedown, which resulted in an estimated cost avoidance of more than $1.9 billion in the amount paid by Medicare for orthotic braces in the 20 months following that takedown.
COVID-19 Fraud Cases
Nine defendants in the cases announced today are alleged to have engaged in various health care fraud schemes designed to exploit the COVID-19 pandemic, which resulted in the submission of over $29 million in false billings.
The law enforcement action today also includes criminal charges against five defendants across the country who allegedly engaged in the misuse of Provider Relief Fund monies. The Provider Relief Fund is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted March 2020 designed to provide needed medical care to Americans suffering from COVID-19.
The COVID-19 cases announced today build upon the success of the COVID-19 Health Care Fraud Takedown on May 26, a coordinated law enforcement action against 14 defendants in seven judicial districts for over $128 million in false billings. The law enforcement action and the cases announced today were brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.
Sober Homes Cases
The sober homes cases are announced on the one-year anniversary of the first ever national sober homes initiative in 2020, which included charges against more than a dozen criminal defendants in connection with more than $845 million of allegedly false and fraudulent claims for tests and treatments for vulnerable patients seeking treatment for drug and/or alcohol addiction. The over $133 million in false and fraudulent claims that are additionally alleged in cases announced today reflect the continued effort by the National Rapid Response Strike Force and the Health Care Fraud Unit’s Los Angeles Strike Force, with the participation of the U.S. Attorney’s Offices for the Central District of California and the Southern District of Florida, to prosecute those who participated in illegal kickback and bribery schemes involving the referral of patients to substance abuse treatment facilities; those patients could be subjected to medically unnecessary drug testing – often billing thousands of dollars for a single test – and therapy sessions that frequently were not provided, and which resulted in millions of dollars of false and fraudulent claims being submitted to private insurers.
Cases Involving the Illegal Prescription and/or Distribution of Opioids and Cases Involving Traditional Health Care Fraud Schemes
The cases announced today involving the illegal prescription and/or distribution of opioids involve 19 defendants, including several charges against medical professionals and others who prescribed over 12 million doses of opioids and other prescription narcotics, while submitting over $14 million in false billings. The cases that fall into more traditional categories of health care fraud include charges against over 60 defendants who allegedly participated in schemes to submit more than $145 million in false and fraudulent claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided.
In the District of Arizona, Dale and Zoila Henson, both of Chandler, Arizona, were indicted earlier this year on 58 counts related to fraudulently billing the Arizona Healthcare Cost Containment System and for fraud involving receipt of COVID-19 Economic Injury Disaster Loan Funds. The couple is alleged to have submitted $1.2 million in fraudulent bills to AHCCS over a 9-month period in 2019-2020. They Hensons are also alleged to have lied in their applications for COVID-19 pandemic-related loans and used the proceeds of the loan funds for personal expenses, such as the purchase of a residence in Mexico.
More details are available in the District’s prior press release: https://www.justice.gov/usao-az/pr/chandler-couple-arrested-ahcccs-fraud-and-pandemic-loan-fraud
Prior to the charges announced as part of today’s nationwide enforcement action and since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,600 defendants who have collectively billed the Medicare program for approximately $23 billion. In addition to the criminal actions announced today, CMS, working in conjunction with HHS-OIG, announced 28 administrative actions to decrease the presence of fraudulent providers.
A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
To view Assistant Attorney General Polite’s remarks, see: https://www.justice.gov/opa/video/assistant-attorney-general-kenneth-polite-jr-delivers-remarks-health-care-enforcement.
RELEASE NUMBER: 2021-061_Health Care Fraud NEA# # #
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.Havasupai Among 12 Tribes Selected for Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
PHOENIX, Ariz. – The Department of Justice has selected an additional 12 federally recognized tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division and the states.
“Timely access to federal criminal information can help protect domestic violence victims, place foster children in safe conditions, solve crimes, and apprehend fugitives on tribal land, among other important uses,” said Deputy Attorney General Lisa O. Monaco. “Increasing tribal access to criminal databases is a priority of the Justice Department and this Administration, and essential to many tribal government efforts to strengthen public safety in their communities.”
The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to FBI Criminal Justice Information Services (CJIS) systems. With these additional tribes, there are now 108 federally recognized Tribes participating in TAP.
TAP has been an important resource for the department’s Missing and Murdered Indigenous Persons Initiative and the Presidential Task Force on Missing and Murdered American Indians and Alaska Natives known as Operation Lady Justice. The Department of Justice began TAP in 2015 in response to concerns raised by tribal leaders about the need to have direct access to federal systems.
Using TAP, tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
The following tribes have been newly selected for participation in TAP:
- Confederated Tribes of the Warm Springs Reservation
- Cow Creek Band of Umpqua
- Fort Belknap Indian Community
- Grand Traverse Band of Ottawa and Chippewa
- Havasupai Tribe
- Lower Brule Sioux Tribe
- Menominee Tribe
- Mille Lacs Band of Ojibwe
- Muckleshoot Tribe
- Passamaquoddy Tribe
- Shingle Springs Band of Miwok
- United Keetoowah Band of Cherokee
TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
RELEASE NUMBER: 2021- 060_TAP
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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.United States Attorney's Office District of Arizona August 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
212 individuals were charged in August with illegal reentry
A. 180 of those 212 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 180 individuals with non-immigration criminal records:
1. 42 had violent crime convictions, including:
4 individuals had homicide convictions
6 individuals had sex offense convictions
12 individuals had domestic violence convictions2. 13 had property crime convictions
3. 37 had DUI convictions
4. 98 had drug crime convictions
B. 125 of those 180 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
53 individuals were charged in August with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in August with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
RELEASE NUMBER: 2021-059_August Immigration and Border Crimes Report
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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.Former Rio Rico Bank Manager Sentenced to 30 Months for Money LaunderingRead the Press Release
TUCSON, Ariz. – On September 1, Carlos Antonio Vasquez, 41, of Nogales, Arizona, was sentenced by U.S. District Judge James A. Soto to 30 months in prison. Vasquez previously pleaded guilty to conspiracy to commit money laundering.
Between February 2017 and August 2019, Vasquez, while branch manager at a bank in Rio Rico, conspired to launder money for a group of individuals to conceal the illegal source of the funds. As part of this conspiracy, the money laundering organization brought Mexican citizens into the bank and Vasquez set up accounts for them for the purpose of sending illegal funds back to Mexico. Once the bank accounts were established, the money laundering organization openly handed cash to the Mexican citizens for deposit into the funnel accounts. The Mexican citizens then wired the funds into Mexican bank accounts under the direction of the money laundering organization.
Vasquez admitted that these funnel bank accounts enabled Vasquez and his branch to appear to have attracted new customers for the bank, improving the bank’s sales performance. Vasquez also admitted to knowing that the head of the money laundering organization was a former customer of the bank and that the funds moving through the accounts were proceeds of unlawful conduct. Vasquez personally authorized 42 wire transfers out of the funnel accounts to bank accounts in Mexico in the amount of $357,883. Over the course of the conspiracy, the money laundering organization allegedly moved over 10 million dollars in drug proceeds through the bank.
U.S. Homeland Security Investigations Nogales and U.S. Internal Revenue Service conducted the investigation in this case. Elizabeth S. Boison and Margaret Moeser, U.S. Department of Justice, Bank Integrity Unit, and Mary Sue Feldmeier, Wallace H. Kleindienst, and Robert A. Fellrath, United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-19-02741-TUC-JAS (JR)
RELEASE NUMBER: 2021- 058_Vasquez# # #
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 Man Sentenced to 27 Months for Failing to Register as a Sex OffenderRead the Press Release
TUCSON, Ariz. – Casey Juan Jose, 42, of Tucson, Arizona, was sentenced today by Senior U.S. District Judge Raner C. Collins to 27 months in prison, followed by a lifetime term of supervised release. Jose previously pleaded guilty to Failure to Register as a Sex Offender.
On August 23, 2018, Jose, an enrolled member of the Tohono O’odham Nation, was convicted of Abusive Sexual Contact with a Minor and ordered to register as a sex offender. In August, 2020, Jose acknowledged the registration requirement and registered his address in Tucson, Arizona. However, between December 25, 2020 and March 18, 2021, Jose did not update his sex offender registration, despite changing residences. On March 18, 2021, Jose was arrested by United States Marshals for violating his federal supervision.
The United States Marshal Service conducted the investigation in this case. Assistant U.S. Attorney Raquel Arellano, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-1410-TUC-RCC
RELEASE NUMBER: 2021-057_Jose# # #
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.Casa Blanca Man Sentenced for HomicideRead the Press Release
PHOENIX, Ariz. –Antonio Daniel Bandin, 21, of Casa Blanca, Arizona, was sentenced yesterday by U.S. District Judge Michael T. Liburdi to 15 years in prison, to be followed by three years of supervised release. Bandin previously pleaded guilty to Voluntary Manslaughter.
On March 16, 2020, Bandin shot the victim multiple times, resulting in the victim’s death. Bandin is an enrolled member of the Gila River Indian Community.
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-20-00553-PHX-MTL
RELEASE NUMBER: 2021- 056_Bandin# # #
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.Gun Smuggler Who Worked at Consulate Sentenced to Almost 4 Years in PrisonRead the Press Release
TUCSON, Ariz. –Luis Manuel Bray-Vazquez, 35, a Mexican citizen, was sentenced yesterday by U.S. District Judge Jennifer G. Zipps to 46 months in prison for attempting to smuggle firearms from the United States into Mexico. Bray-Vasquez previously pleaded guilty.
On November 4, 2020, Bray-Vazquez, a driver for the United States Consulate in Nogales, Sonora, Mexico, attempted to enter Mexico through the Nogales Port of Entry while driving a U.S. Consular vehicle. Customs and Border Protection officers tried to conduct an outbound border search of the vehicle, but Bray-Vazquez fled from the officers at a high rate of speed. Officers reacted quickly and were able to close the exit gate to prevent Bray-Vazquez from entering Mexico. They searched the Consular vehicle that Bray-Vazquez was driving and found a total of ten rifles and five pistols, including a Barrett .50 caliber rifle and several AK-47 and AR variant rifles and pistols. Bray-Vazquez admitted he was being paid to smuggle the firearms into Mexico and that he had successfully done so on previous occasions.
“The trafficking of weapons from the United States into Mexico – especially of the type and quantity smuggled by Bray-Vazquez – has devastating repercussions in both countries,” said Acting United States Attorney Glenn B. McCormick. “Bray-Vazquez’s prosecution and the length of sentence imposed should serve as a warning that weapons smugglers, including anyone attempting to hide behind the veil of an official position, will pay a heavy price for their crimes.”
“This sentence demonstrates that there are serious consequences for those who lack respect for our nation’s laws or our borders,” said Scott Brown, special agent in charge for HSI Phoenix. “HSI remains committed to combating the illegal smuggling of firearms that fuel violence both domestically and abroad. We will continue to collaborate with our law enforcement partners to get dangerous criminals off the streets and locked up behind bars.”
Homeland Security Investigations conducted the investigation in this case, with the assistance of Customs and Border Protection. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: 21-0655-TUC-JGZ
RELEASE NUMBER: 2021-055_Bray-Vazquez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Scottsdale Man Sentenced to Eight Years for AssaultRead the Press Release
PHOENIX, Ariz. – Lawrence Lorenzo Blackshire, 39, of Scottsdale, Arizona, was sentenced earlier this month by U.S. District Judge Susan Brnovich to eight years in prison, followed by three years of supervised release. A jury previously convicted Blackshire of Assault Resulting in Serious Bodily Injury, Assault Resulting in Substantial Bodily Injury of an Intimate Partner, Simple Assault, and Unlawful Imprisonment.
On September 11, 2018, on the Salt River Pima-Maricopa Indian Community, Blackshire assaulted the victim. The assault resulted in the victim having a broken nose and various contusions on her head and body. Blackshire prevented the victim from leaving the residence for approximately twelve hours. Blackshire is an enrolled member of the Pascua Yaqui Tribe.
The Federal Bureau of Investigation and the Salt River Pima-Maricopa Police Department conducted the investigation in this case. Sharon Sexton, Assistant U.S. Attorney and Kevin Pooley, Special Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-1033-PHX-SMB
RELEASE NUMBER: 2021- 053_Blackshire# # #
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.Chandler Couple Arrested for AHCCCS Fraud and Pandemic Loan FraudRead the Press Release
PHOENIX, Ariz. – Dale Henson, 53, and his wife Zoila Henson, 53, both of Chandler, Arizona, were arrested on Wednesday for fraudulently billing the Arizona Healthcare Cost Containment System and for fraud involving receipt of COVID-19 Economic Injury Disaster Loan funds. The couple was charged earlier this month by the federal grand jury in a 58-count indictment.
The indictment alleges that the couple used their medical billing company to bill AHCCCS for services not actually rendered. AHCCCS is primarily federally funded, and it provides healthcare programs for Arizona’s low-income residents. The couple is alleged to have submitted $1.2 million in fraudulent bills to AHCCCS over a 9-month period in 2019-2020, and then to have used some of the proceeds to purchase a $1.3 residence in Gilbert, Arizona. The indictment also alleges the couple lied in their applications for COVID-19 pandemic-related loans and used the proceeds of the loan funds for personal expenses, such as the purchase of a residence in Mexico, where Zoila Henson is a citizen.
The charges include healthcare fraud, wire fraud, money laundering, and aggravated identity theft. A conviction for healthcare fraud or wire fraud carries a sentence of up to 20 years, a conviction for money laundering carries a sentence of up to 10 years, and a conviction for aggravated identity theft carries a mandatory, consecutive 24-month prison sentence – in addition to hefty maximum fines for each offense.
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 guilty beyond a reasonable doubt.
The Phoenix Division of the Federal Bureau of Investigation conducted the investigation in this case. Monica Klapper, Assistant U.S. Attorney, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR 21-000601-PHX-DJH
RELEASE NUMBER: 2021-054_Hensons# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Bapchule Man Sentenced for Accessory After the Fact to Second Degree MurderRead the Press Release
PHOENIX, Ariz. – Kyle Andrew Jose, 27, of Bapchule, Arizona, was sentenced yesterday by U.S. District Judge John J. Tuchi to nearly 8 years in prison, followed by three years of supervised release. Jose previously pleaded guilty to Accessory After the Fact to Second Degree Murder.
On March 1, 2020, Jose, an enrolled member of the Gila River Indian Community, was driving his car with his co-defendant, Brent Edwin Justin, as the front seat passenger. As Jose drove by the victim, Justin shot and killed the victim. Jose later disposed of the rifle that was used in the shooting. He also assisted Justin in trying to evade apprehension for the crime.
The Gila River Police Department and the Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-20-00557-PHX-JJT
RELEASE NUMBER: 2021- 052_Jose# # #
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.84-Year-Old Armed Bank Robber Sentenced to over 21 YearsRead the Press Release
TUCSON, Ariz. –Robert Francis Krebs, 84, of Tucson, Arizona, was sentenced yesterday by U.S. District Judge Jennifer G. Zipps to 262 months in federal prison, followed by five years of supervised release. Krebs was previously convicted by a jury for armed bank robbery. Krebs was also ordered to pay restitution in the amount of $8,385.
On January 12, 2018, Krebs used a BB gun to rob two bank tellers of over $8,000 at a Pyramid Federal Credit Union in Tucson, Arizona. Krebs was arrested the following day at a motel where he had been residing. Krebs has an extensive prior criminal history and was on a term of probation in Florida when he committed this robbery.
The Federal Bureau of Investigation and the Tucson Police Department conducted the investigation in this case. Raquel Arellano and Christine A. Melton, Assistant U.S. Attorneys, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-18-00263-TUC-JGZ
RELEASE NUMBER: 2021-051_Krebs# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.United States Attorney's Office District of Arizona July 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
144 individuals were charged in July with illegal reentry
A. 127 of those 144 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 127 individuals with non-immigration criminal records:
1. 34 had violent crime convictions, including:
1 individual had a homicide conviction
11 individuals had sex offense convictions
7 individuals had domestic violence convictions2. 5 had property crime convictions
3. 18 had DUI convictions
4. 59 had drug crime convictions
B. 78 of those 144 individuals had been deported three or more times
*For example, Francisco Guadalupe Fimbres-Galvez, a 39-year-old Mexican national who was previously indicted for illegal reentry after deportation, was sentenced on August 10, 2021 by United States District Court Judge John C. Hinderaker to serve 2 years in prison. Fimbres-Galvez previously served 14 years in state prison for kidnapping, armed robbery, attempted sexual abuse, sexual abuse, criminal trespassing, and assault. Case No. CR-21-00720-TUC-JCH (EHM).
II. Alien Smuggling (8 U.S.C. 1324)
63 individuals were charged in July with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in July with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
RELEASE NUMBER: 2021-050_July Immigration and Border Crimes Report
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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.Three Phoenix Men Indicted for Conspiracy to Purchase Firearms Using False StatementsRead the Press Release
PHOENIX, Ariz. – On August 3, a federal grand jury in Phoenix returned a 65-count indictment against Chris Oliver, 23, of Gilbert, Arizona, Michael Kelly, 23, of Tempe, Arizona, and Dion Delpino, 23, of Gilbert, Arizona, for conspiracy to make false statements in acquisition of firearms and 63 instances of making a false statement during the purchase of firearms. In addition, the indictment charges Oliver with dealing firearms without a license.
The indictment alleges that Oliver, Kelly, and Delpino conspired to purchase firearms from licensed dealers by means of false statements and representations. It also alleges that, on 63 occasions between September 2019 and November 2020, Oliver, Kelly, and Delpino used false statements to successfully purchase 102 firearms from 14 licensed dealers throughout the Phoenix metropolitan area. Oliver then sold these firearms to persons known and unknown in Arizona and elsewhere.
“Evidence shows that illegally-trafficked firearms go hand-in-hand with violent criminal acts,” said Acting U.S. Attorney Glenn McCormick. “The District of Arizona remains steadfast in its commitment to work with law enforcement partners to identify and prosecute those who fuel dangerous offenses by violating federal firearms laws.”
On July 22, the Department of Justice launched five cross-jurisdictional strike forces to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country. Leveraging existing resources, the regional strike forces are working to stem the supply of illegally trafficked firearms from source cities, like Phoenix, into five key market regions: New York, Chicago, Los Angeles, the San Francisco Bay Area/Sacramento Region and Washington, D.C.
“The District of Arizona’s indictment is an important example of the partnership across jurisdictions to identify and prosecute the sources of illegally trafficked firearms,” said Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California. “As part of the new firearms trafficking strike force for the San Francisco Bay Area/Sacramento Region, the Eastern District of California commends the District of Arizona for its important work in holding traffickers accountable.”
“I wish to commend the efforts of our agents and the United States Attorney’s Office as these indictments exhibit our collective efforts in combating firearms trafficking. Together, with our law enforcement partners, we will continue to focus on these criminals that promote gun violence in our community,” said ATF Special Agent in Charge, Gabriel Pinon.
Convictions for conspiracy, false statement during the purchase of a firearm, and dealing firearms without a license, are each punishable by a maximum fine of $250,000, a maximum term of imprisonment of five years, or both, and a term of supervised release of three years.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Phoenix, Mesa, Gilbert, and Scottsdale Police Departments, as well as Homeland Security Investigations and Phoenix Police Department – Commercial Narcotics Interdiction Unit, is conducting the investigation in this case. Coleen Schoch, Assistant U.S. Attorney, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR 21-00600-DLR (DMF)
RELEASE NUMBER: 2021-049_Oliver# # #
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 Drug Trafficker Sentenced to Five YearsRead the Press Release
TUCSON, Ariz. – Oscar Alberto Martinez, 27, of Tucson, Arizona was sentenced yesterday by U.S. District Judge John C. Hinderaker to five years in prison, followed by three years of supervised release. Martinez previously pleaded guilty to conspiracy to distribute methamphetamine, heroin, and fentanyl.
Martinez operated as a drug courier for a Tucson-based drug trafficking organization that trafficked methamphetamine, heroin, and fentanyl. Martinez made daily deliveries of drugs to buyers in Tucson for approximately three months. On February 20, 2020, Martinez was arrested while attempting to deliver three pounds of methamphetamine and ten ounces of heroin. Martinez fled from law enforcement, leading them on a high-speed vehicle chase through Tucson before abandoning his vehicle and continuing his flight on foot. Officers finally apprehended Martinez as he was trying to run into a home.
The Drug Enforcement Administration conducted the investigation in this case, with assistance from the Pima County Sheriff’s Office, the Tucson Police Department, and the Oro Valley Police Department. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 20-1864-03-TUC-JCH (LCK)
RELEASE NUMBER: 2021-027_Martinez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Camp Verde Man Sentenced to 18 Months for Failing to Register as a Sex OffenderRead the Press Release
PHOENIX, Ariz. – On Wednesday, Rowan James Kickinghorse Rhodes, 29, of Camp Verde, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 18 months in prison, followed by three years of supervised release. Rhodes previously pleaded guilty to Failure to Register as a Sex Offender.
On October 16, 2017, Rhodes was convicted of Abusive Sexual Contact with a Minor and ordered to register as a sex offender. In July 2019, Rhodes acknowledged the requirement to register and registered his address in Tucson, Arizona. Four months later, Rhodes absconded from his residence and did not update his registration. Rhodes was arrested by a Yavapai-Apache Nation police officer in Camp Verde, Arizona on December 10, 2019.
Rhodes is an enrolled member of the Yavapai-Apache Nation.
The United States Marshal and the Yavapai-Apache Nation Police Department conducted the investigation in this case. Christina Covault, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-20-8108-PCT-DLR
RELEASE NUMBER: 2021-048_Rhodes# # #
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 Woman Indicted for Alien Smuggling Leading to DeathRead the Press Release
TUCSON, Ariz. – On Tuesday, Michelle Sunshine Betters, 44, from Tucson, Arizona, appeared telephonically in federal court on charges relating to the transportation of illegal aliens while placing a person’s life in jeopardy, causing bodily injury, and resulting in death. Betters was previously indicted on three counts by a federal grand jury. The district court ordered Betters detained pending trial, which is scheduled for September 8.
“These events highlight the incredibly dangerous nature of human smuggling attempts,” said Acting United States Attorney Glenn B. McCormick. “Illegally transporting non-citizens is hazardous for all involved – the transporter, the non-citizens, and the general public. The possibility of a tragedy is always present, and it sadly became a reality this time.”
On June 3, 2021 the Tohono O’odham Police Department responded to a two-vehicle crash on State Route 86. The investigation revealed that Betters was driving a car that sideswiped a truck, then left the roadway and struck a tree. There were two other passengers in the car, both of whom were determined to be undocumented non-citizens. One of the non-citizens was declared deceased at the scene, and the other was transported to the hospital to be treated for various injuries.
“Unfortunately, this is yet another example of the dangers of human smuggling resulting in a tragic death,” said special agent in charge, Scott Brown for HSI Phoenix. “HSI is committed to investigating these human smuggling organizations that prey on the vulnerable and have no regard for the sanctity of life. We will stop at nothing to bringing those involved to face justice.”
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 guilty beyond a reasonable doubt.
The Tohono O’odham Police Department and Homeland Security Investigations are conducting the investigation in this case. The Tucson Office of the United States Attorney’s Office, District of Arizona, is handling the prosecution.
CASE NUMBER: CR 21-01526-SHR (BGM)
RELEASE NUMBER: 2021- 046_Betters# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.United States Attorney's Office District of Arizona June 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
241 individuals were charged in June with illegal reentry
A. 178 of those 241 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 178 individuals with non-immigration criminal records:
1. 40 had violent crime convictions, including:
6 individuals had homicide convictions
8 individuals had sex offense convictions
6 individuals had domestic violence convictions2. 10 had property crime convictions
3. 36 had DUI convictions
4. 90 had drug crime convictions
B. 108 of those 241 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
74 individuals were charged in June with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in June with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
*The Department of Homeland Security instituted a policy in March 2020 of expeditiously returning aliens who illegally enter the United States rather than detaining them. The decreased number of individuals presented to this Office for prosecution coincides with the implementation of that policy and other COVID-19 related border restrictions.
RELEASE NUMBER: 2021-045_June Immigration and Border Crimes Report
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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.Round Rock Man Sentenced to Life in Prison for Sexual Abuse of ChildrenRead the Press Release
PHOENIX, Ariz. – On Wednesday, Robert Jim, 59, of Round Rock, Arizona, was sentenced by U.S. District Judge David G. Campbell to life in prison, plus ten years. Jim, a registered sex offender, was previously found guilty by a jury of aggravated sexual abuse of two children.
The sexual abuse took place on the Navajo Nation Indian Reservation, where Jim and the victims are tribal members.
The Federal Bureau of Investigation and the Navajo Nation Department of Criminal Investigation conducted the investigation in this case. Assistant U.S. Attorneys Tracy Van Buskirk and Kiyoko Patterson, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-18-8225-PCT-DGC
RELEASE NUMBER: 2021-044_Jim# # #
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.Department of Justice Announces Launch of Firearms Trafficking Strike Forces to Crack Down on Sources of Crime GunsRead the Press Release
PHOENIX, Ariz. – The U.S. Department of Justice today launched five cross-jurisdictional strike forces to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country. Leveraging existing resources, the regional strike forces will better ensure sustained and focused coordination across jurisdictions and help stem the supply of illegally trafficked firearms from source cities, through other communities, and into five key market regions: New York, Chicago, Los Angeles, the San Francisco Bay Area/Sacramento Region and Washington, D.C.
Each strike force region will be led by designated United States Attorneys, who will collaborate with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and with state and local law enforcement partners within their own jurisdiction (where firearms are used in crimes) as well as law enforcement partners in areas where illegally trafficked guns originate. These officials will use the latest data, evidence, and intelligence from crime scenes to identify patterns, leads, and potential suspects in violent gun crimes.
“All too often, guns found at crime scenes come from hundreds or even thousands of miles away. We are redoubling our efforts as ATF works with law enforcement to track the movement of illegal firearms used in violent crimes. These strike forces enable sustained coordination across multiple jurisdictions to help disrupt the worst gun trafficking corridors,” said Attorney General Merrick B. Garland. “The Department of Justice will use all of its tools – enforcement, prevention, intervention, and investment – to help ensure the safety of our communities – the department’s highest priority.”
According to gun trace data, a significant number of firearms recovered in California originate from outside the state, and many originate from the District of Arizona, among other locations. The new strike forces will help ensure sustained and focused coordination between law enforcement and prosecutors in California with their counterparts in those other locations, including Arizona.
“Combatting violent crime is a national priority that requires a coordinated effort,” said Acting U.S. Attorney Glenn B. McCormick. “Because many crime-involved firearms recovered in California can be traced to purchases in Arizona, our office will work closely with the strike forces launched in the Los Angeles, San Francisco Bay, and Sacramento regions to address the flow of firearms trafficked from our state for illegal purposes.”
The strike forces represent one important, concrete step in implementing the Department’s Comprehensive Violent Crime Reduction Strategy, which was announced on May 26, 2021. The comprehensive strategy supports local communities in preventing, investigating, and prosecuting gun violence and other violent crime—and requires U.S. Attorneys’ offices to work with federal, state, local and tribal law enforcement, as well as the communities they serve, to address the most significant drivers of violence in their districts. In guidance to federal agents and prosecutors as part of that comprehensive strategy, the Deputy Attorney General made clear that firearms traffickers providing weapons to violent offenders are an enforcement priority across the country.
RELEASE NUMBER: 2021-043_Strike Force
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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.Airline Passengers Charged with Interfering with Flight Crew and Assaulting PassengersRead the Press Release
PHOENIX, Ariz. – Kelly Pichardo, 31, of Bronx, New York, appeared virtually today in federal court on charges that she interfered with a flight crew member and committed simple assault. Leeza S. Rodriguez, 30, also of Bronx, New York is scheduled to appear next week on the same charges. Pichardo and Rodriguez were previously indicted by a grand jury on three counts related to events that took place in February 2021.
The indictment alleges that on February 24, Pichardo and Rodriguez, while on board an American Airlines flight from Dallas to Los Angeles, interfered with the ability of the flight crew to perform their duties by assaulting a crew member. The indictment also alleges that Pichardo and Rodriguez each assaulted a passenger during the flight. Pichardo’s and Rodriguez’s actions compelled the flight crew to conduct an unscheduled landing in Phoenix, Arizona.
It is a violation of federal law on an aircraft in the special aircraft jurisdiction of the United States to interfere with flight crew members in the performance of their duties or to lessen their ability to perform those duties by assault or intimidation.
A conviction for Interfering with a Flight Crew Member carries a maximum penalty of 20 years of confinement and a $250,000.00 fine. A conviction for Simple Assault carries a maximum penalty of 6 months of confinement and a $5,000.00 fine.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The FBI investigated this case with assistance from the Phoenix Police Department. Assistant U.S. Attorney Kevin Hakala is prosecuting the case.
CASE NUMBER: 21-CR-00494-DWL
RELEASE NUMBER: 2021-042_Pichardo# # #
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 newMaricopa Man Sentenced to Prison for Shooting DeathRead the Press Release
PHOENIX, Ariz. – Brent Edwin Justin, 32, of Maricopa, Arizona, was sentenced yesterday by U.S. District Judge John J. Tuchi to nearly 17 years in prison, followed by five years of supervised release. Justin previously pleaded guilty to Second Degree Murder.
On March 1, 2020, Justin shot the victim multiple times on the Gila River Indian Community, resulting in the victim’s death. Justin is an enrolled member of the Gila River Indian Community.
The Gila River Police Department and the Federal Bureau of Investigation conducted the investigation in this case. Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-20-00557-PHX-JJT
RELEASE NUMBER: 2021- 041_Justin###
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.Nogales Man Sentenced for Drug Charge After Tunnel is Discovered Under His HouseRead the Press Release
TUCSON, Ariz. – Jovany Alonso Robledo-Delgado, 35, of Nogales, Sonora, Mexico, was sentenced today by U.S. District Judge Scott H. Rash to 41 months in prison, followed by 5 years of supervised release. Robledo-Delgado previously pleaded guilty to Conspiracy to Import Methamphetamine, Cocaine, Fentanyl, and Heroin.
On December 17, 2019, federal agents executed a search warrant at the house Robledo-Delgado was renting in Nogales, Arizona. In the house, agents discovered a subterranean tunnel down to the International Outfall Interceptor (IOI). The IOI is a wastewater pipeline that begins at the Mexican border and flows north to a plant that treats wastewater from Nogales, Sonora, and cities in Arizona pursuant to an agreement between the United States and Mexico. Inside Robledo-Delgado’s residence, agents also found large amounts of methamphetamine, cocaine, fentanyl, and heroin. Robledo-Delgado was discovered hiding under a bed in the house.
Robledo-Delgado told agents that he constructed the tunnel so he could breach the IOI and retrieve packages of drugs that floated through the IOI from Mexico into the United States. He was being paid $3000 for each smuggling attempt.
Homeland Security Investigations - Nogales conducted the investigation in this case. Assistant U.S. Attorney Craig Russell, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-0253-TUC-SHR
RELEASE NUMBER: 2021-040_Robledo###
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.Convicted Gun Trafficker Pleads Guilty to Firearms ChargesRead the Press Release
ALBANY, NEW YORK – Jonathan M. Cuney, age 38, and a part-time resident of East Greenbush, New York, pled guilty today to unlawfully possessing firearms including “ghost guns,” and ammunition, and admitted to maintaining large collections of firearms and ammunition in East Greenbush and Humboldt County, California.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Cuney pled guilty to unlawfully possessing, as a felon, a Springfield Armory rifle and an FMK Firearms Inc. AR-15-style rifle receiver/frame, and to possessing three unregistered silencers, between September 9, 2019 and November 14, 2019.
Cuney has a prior conviction for unlawful gun trafficking. In December 2015, he pled guilty, in the United States District Court for the Southern District of New York, to transporting and selling firearms with obliterated serial numbers while he was a licensed firearms dealer. He was sentenced to 37 months in prison, and returned to East Greenbush in April 2017 upon his release from prison.
Acting United States Attorney Antoinette T. Bacon stated: “Today’s guilty plea is the result of a cross-country investigation that took a dangerous person off the streets. Jonathan Cuney has a prior conviction for selling untraceable firearms. After his release from prison, he built ghost guns and acquired other firearms, and maintained large caches of firearms and ammunition in New York and California. I commend the ATF for investigating Cuney as he travelled across the United States, and for quickly arresting him and removing this threat to our communities.”
ATF Special Agent in Charge John B. DeVito stated: “Jonathan Cuney’s criminal record makes it abundantly clear that he is a danger to the community. This case is the product of a concerted, collaborative effort across multiple ATF jurisdictions to identify and stop the sale of illegal firearms. We will always be committed to removing armed criminals from our communities who threaten the safety of our citizens.”
In pleading guilty today, Cuney also admitted that from at least August 2018 until November 12, 2019, he purchased firearms parts from several dozen online retailers, and had these items shipped to East Greenbush; Willits, California (where he maintained a residence); and Providence, Rhode Island (where he formerly maintained a legitimate firearms business). Cuney then used these firearms parts to manufacture non-serialized handguns, rifles, and silencers. These firearms are often called “ghost guns” because they do not have serial numbers, making them more difficult for law enforcement to trace.
ATF searched Cuney’s East Greenbush storage unit on November 14, 2019, and found it to contain, among other items:
- Two (2) rifles,
- One (1) revolver,
- Four (4) serialized AR-15-style rifle receivers/frames,
- Two (2) completed “ghost guns,”
- Five (5) pistol parts kits,
- Two (2) completed silencers and enough parts to build more than ten (10) silencers,
- An assorted quantity of firearm parts and accessories, of which five (5) are classified as machineguns under federal law, and
- 3,250 rounds of assorted rifle and pistol ammunition.
Cuney also rented a storage unit in Redway, California. ATF searched this storage unit on November 20, 2019, and found it to contain, among other items:
- Two (2) Glock pistols,
- Seven (7) additional handguns,
- Three (3) rifles,
- One (1) shotgun,
- Five (5) machinegun conversion kits,
- More than ten (10) silencers, and
- More than 1,000 rounds of assorted rifle and handgun ammunition.
Today, Cuney also pled guilty to unlawfully possessing, on September 17, 2019, in Columbia, Missouri, several thousand rounds of ammunition that he purchased at a firearms store through a straw purchaser.
He also pled guilty to unlawfully possessing, on November 12, 2019, near Tucson, Arizona, a pistol and a rifle, which were discovered during a traffic stop of a vehicle that Cuney was driving.
Cuney pled guilty to these additional federal charges, in Albany federal court, with the consent of the Acting United States Attorneys for the District of Arizona and the Western District of Missouri, respectively.
Cuney has been in custody since November 12, 2019. He faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when Senior United States District Judge Frederick J. Scullin sentences him on October 19, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
As part of his plea agreement, Cuney also agreed to abandon a variety of firearms, silencers, ammunition, and firearm parts found in both East Greenbush and Redway, California, as well as the following items, all found in Redway: one pair of handcuffs with key; 56 Monadnock disposable single cuffs; and clothing items, patches and badges bearing law enforcement acronyms and insignia, including a Federal Bureau of Investigation (FBI) ball cap, FBI badges, FBI patches, Drug Enforcement Administration (DEA) patches, and DEA badges.
These cases were investigated by the ATF New York Field Division, with assistance from ATF Special Agents and Task Force Officers in Arizona, California, Missouri, Rhode Island, and Wyoming. The California Highway Patrol also assisted in the investigation.
The New York case was prosecuted by Assistant U.S. Attorney Michael Barnett.
The Arizona case was prosecuted by Assistant U.S. Attorney Serra M. Tsethlikai of the District of Arizona.
The Missouri case was prosecuted by Assistant U.S. Attorney Michael S. Oliver of the Western District of Missouri.
United States Attorney's Office District of Arizona May 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
281 individuals were charged in May with illegal reentry
A. 230 of those 281 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 230 individuals with non-immigration criminal records:
1. 56 had violent crime convictions, including:
3 individuals had homicide convictions
7 individuals had sex offense convictions
14 individuals had domestic violence convictions2. 19 had property crime convictions
3. 45 had DUI convictions
4. 123 had drug crime convictions
B. 149 of those 281 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
41 individuals were charged in May with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in May with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
*The Department of Homeland Security instituted a policy in March 2020 of expeditiously returning aliens who illegally enter the United States rather than detaining them. The decreased number of individuals presented to this Office for prosecution coincides with the implementation of that policy and other COVID-19 related border restrictions.
RELEASE NUMBER: 2021-039_May Immigration and Border Crimes Report
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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.Tohono O'odham Member Sentenced to over 8 Years for Assault with Intent to Commit KidnappingRead the Press Release
TUCSON, Ariz. – On Wednesday, Marvin Lee Enos, of Tucson was sentenced by U.S. District Judge James A. Soto to 102 months in prison, followed by three years of supervised release. Enos previously pleaded guilty to assault with intent to commit kidnapping.
On April 2, 2018, Marvin Lee Enos assaulted the victim by punching the victim in the head and stomach areas. Enos did this while physically moving the victim from one area of his house into another and while preventing the victim from leaving the house. Enos is an enrolled member of the Tohono O’odham Nation.
The Federal Bureau of Investigation and the Tohono O’odham Police Department conducted the investigation in this case. Assistant U.S. Attorney Raquel Arellano, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-19-2041-TUC-JAS
RELEASE NUMBER: 2021-038_Enos# # #
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.Illinois Man Sentenced for Making Anti-Semitic Threats to Arizona VictimRead the Press Release
PHOENIX, Ariz. – On Tuesday, Kevin Thomas Kerr, 51, of Waukegan, Illinois, was sentenced by U.S. District Judge Douglas L. Rayes to five years of probation. Kerr has also been incarcerated for more than six months and is required to serve an additional six months of home confinement subject to electronic monitoring. Kerr previously pleaded guilty to Making Threats in Interstate Commerce.
On March 6, 2020, as part of an ongoing series of harassing communications, which included anti-Semitic slurs, Kerr called the victim in Arizona and left a voicemail threatening to injure and kill him. Federal investigators arrested Kerr in Illinois, and he was transported to Arizona to face charges.
The Federal Bureau of Investigation conducted the investigation in this case. William G. Voit, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR 20-00513-DLR
RELEASE NUMBER: 2021-037_Kerr# # #
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.Parker Man Sentenced to Federal Prison for Abusive Sexual Contact with a MinorRead the Press Release
PHOENIX, Ariz. – On Tuesday, Marcus Leon Tuchawena, 24, of Parker, Arizona, was sentenced by U.S. District Judge Dominic W. Lanza to 84 months in prison for abusive sexual contact with a minor. Tuchawena was also sentenced to lifetime supervised release and is required to register as a sex offender. Tuchawena previously pleaded guilty to this charge.
On October 21, 2019, Tuchawena engaged in abusive sexual contact with the minor victim at a home in Parker, Arizona, on the Colorado River Indian Tribes Indian Reservation. Tuchawena and the victim are both enrolled members of the Colorado River Indian Tribes.
The Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department conducted the investigation in this case. Assistant U.S. Attorney Christina J. Reid-Moore, District of Arizona, Phoenix handled the prosecution.
CASE NUMBER: CR-20-00145-PHX-DWL
RELEASE NUMBER: 2021-036_Tuchawena# # #
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.Florida Man Sentenced to 35 Years for Production of Child Pornography in Arizona, Minnesota, and South CarolinaRead the Press Release
TUCSON, Ariz. – Jeremy McCown, 39, of Wesley Chapel, Florida, was sentenced yesterday by U.S. District Judge Raner C. Collins to 35 years in prison. McCown previously pleaded guilty to fourteen counts of Production of Child Pornography.
McCown was arrested on January 31, 2019, after an investigation identified his repeated use of false personas to place online ads seeking models in exchange for money. McCown would then demand sexually explicit images from the women and minor children who responded to his ads. McCown convinced one woman to send sexually explicit images of her 1-year-old daughter and manipulated two other minors into sending sexually explicit images to him. He was charged with twelve counts of production of child pornography in Arizona. McCown entered into a plea agreement on January 13, 2020, which also included pleading guilty to conduct involving minor victims in Minnesota and South Carolina.
Upon release from prison, McCown will be placed on lifetime supervised release. He will be required to register as a sex offender and to complete a sex offender treatment program. McCown was also ordered to pay restitution to victims depicted in the child sex abuse images he produced.
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. Attorney’s 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.
A Tucson Police Department Crimes Against Children Detective conducted the investigation in this case in collaboration with the Federal Bureau of Investigation (FBI), Tucson. Agents from Homeland Security Investigations (HSI) and FBI participated in the investigation in Florida. Carin C. Duryee, Carmen C. Corbin, and Adam Rossi, Assistant U.S. Attorneys, District of Arizona, Tucson, handled the prosecution, with assistance from AUSA Francis Murray in the Middle District of Florida.
CASE NUMBER: CR 19-00183-TUC-RCC
RELEASE NUMBER: 2021- 035_McCown# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.United States Attorney's Office District of Arizona April 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
214 individuals were charged in April with illegal reentry
A. 190 of those 214 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 190 individuals with non-immigration criminal records:
1. 46 had violent crime convictions, including:
2 individuals had homicide convictions
13 individuals had sex offense convictions
18 individuals had domestic violence convictions2. 11 had property crime convictions
3. 41 had DUI convictions
4. 103 had drug crime convictions
B. 106 of those 214 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
52 individuals were charged in April with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in April with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
*The Department of Homeland Security instituted a policy in March 2020 of expeditiously returning aliens who illegally enter the United States rather than detaining them. The decreased number of individuals presented to this Office for prosecution coincides with the implementation of that policy and other COVID-19 related border restrictions.
RELEASE NUMBER: 2021-034_April Immigration and Border Crimes Report
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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.Ammunition Smuggler Sentenced to Almost 4 Years in PrisonRead the Press Release
TUCSON, Ariz. – Last week, Jorge Armando Lopez-Espinoza, 42, a Mexican citizen, was sentenced by U.S. District Judge Rosemary Marquez to 46 months in prison for attempting to smuggle ammunition from the United States into Mexico.
In May of 2020, Lopez-Espinoza conspired with others to smuggle 8,000 rounds of ammunition in his tractor trailer from Nogales, Arizona to Mexico. Law enforcement agents were able to intercept the shipments of ammunition before Lopez-Espinoza acquired them. On May 14, 2020, Lopez-Espinoza picked up the boxes he believed contained the 8,000 rounds of ammunition, hid them in his tractor trailer, and attempted to enter Mexico through the Nogales Port of Entry. Lopez-Espinoza later admitted he believed he was smuggling ammunition in the boxes, expected to be paid for doing so, and had previously smuggled ammunition into Mexico in exchange for payment.
Homeland Security Investigations conducted the investigation in this case, with the assistance of Customs and Border Protection. Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson handled the prosecution.
CASE NUMBER: 20-2715-001-TUC-RM
RELEASE NUMBER: 2021- 033_Lopez-Espinoza# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ th
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Acting U.S. Attorney McCormick Recognizes Police WeekRead the Press Release
PHOENIX, Ariz. – In honor of National Police Week, Acting U.S. Attorney Glenn McCormick recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.
“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”
“Every year National Police Week challenges our emotions as we consider the sobering and inspiring sacrifices that are made on our behalf,” said Acting U.S. Attorney McCormick. “Our office is forever grateful to our partners in law enforcement for their steadfast commitment to service.”In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.
During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored, including two officers from the District of Arizona who died in the line of duty.
According to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website.
The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.
Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.
To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
RELEASE NUMBER: 2021-032_Police Week
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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.Former Deputy Campaign Manager Pleads Guilty to Theft of Campaign FundsRead the Press Release
An Illinois man pleaded guilty today to the theft of more than $115,000 in campaign funds from the McSally for Senate Campaign in 2018 and 2019.
According to court documents, Anthony Barry, 33, of Yorkville, served as a deputy campaign manager and consultant for former U.S. Senator Martha McSally. Barry used his position in the campaign to fraudulently direct the campaign to make payments to him beyond what he was owed for his salary and had the fraudulently obtained funds deposited into his personal bank account.
Barry pleaded guilty to an information charging him with one count of unlawful conversion of campaign funds. He is scheduled to be sentenced on July 6, and faces a maximum term of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Glenn B. McCormick for the District of Arizona; and Assistant Director in Charge Steven M. D’Antuono of FBI’s Washington Field Office made the announcement.
The FBI’s Washington Field Office is investigating the case.
Trial Attorneys Rosaleen O’Gara and Nicole Lockhart of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney William Voit of the District of Arizona are prosecuting the case.
Neurosurgical Associates, LTD and Dignity Health, D/B/A St. Joseph's Hospital, Paid $10 Million to Resolve False Claims AllegationsRead the Press Release
PHOENIX, Ariz. – Acting United States Attorney Glenn McCormick announced today that Neurosurgical Associates, LTD and Dignity Health, d/b/a St. Joseph’s Hospital, agreed to pay $10 million to resolve civil allegations that they violated the federal False Claims Act (FCA).
Dignity Health is one of the largest healthcare systems in the United States and does business under the names of hospitals that it owns and operates, including St. Joseph’s Hospital in Phoenix, Arizona. Neurosurgical Associates, LTD is an Arizona corporation, located on the campus of St. Joseph’s Hospital.
The December 2020 settlement resolves allegations that St. Joseph’s Hospital and Neurosurgical Associates, LTD billed Medicare for certain doubly and triply concurrent and overlapping surgeries, in violation of applicable regulations and reimbursement policies.
“We expect health care providers participating in Medicare to bill for their services accurately and honestly,” said Acting U.S. Attorney Glenn McCormick. “Proper billing ensures fair compensation and protects Medicare dollars that are much needed for patient care.”
“With every Medicare dollar desperately needed, we simply will not tolerate the submission of false claims to this vital health care program,” said Timothy B. DeFrancesca, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Working closely with investigative and prosecuting agencies around the country, we will continue to fight for these programs and the people they serve.”
The settlement resolves a lawsuit filed in June 2018 by Dr. Bruce P. Kingsley under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens to bring civil actions on behalf of the United States and share in any recovery obtained.
Contemporaneous with a settlement of the FCA claims in this matter, Neurosurgical Associates, LTD entered into a corporate integrity agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG). The five-year CIA addresses the conduct at issue and requires, among other things, that Neurological Associates, LTD maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to annually review Neurosurgical Associates’ Medicare and Medicaid claims.
The settlement is neither an admission of liability by Neurosurgical Associates, LTD, or St. Joseph’s Hospital, nor is it a concession by the United States that its claims are not well founded.
The case was handled by the United States Attorney’s Office for the District of Arizona. The investigation was conducted by the United States Department of Health and Human Services, Office of Inspector General.
Individuals with information regarding fraud, waste, or abuse related to Medicare or other federal programs should contact the relevant federal agency. A list of agencies and contact information can be found on our office’s website, https://www.justice.gov/usao-az/agency-links.
CASE NUMBER: CV-17-00692-PHX-JZB
RELEASE NUMBER: 2021-031_Dignity Health Settlement# # #
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.