District of Arizona

TUCSON, Ariz. – On Tuesday, Isaiah Joseph Rios, 22, of Sells, Arizona, was sentenced by U.S. District Judge Jennifer G. Zipps to concurrent terms of 121 months and 120 months in prison. Rios previously pleaded guilty on November 22, 2019 to one count of Abusive Sexual Contact and one count of Sexual Abuse involving minors. Following his release from federal prison, Rios will be placed on lifetime federal supervision and will be required to register as a sex offender.

In October of 2016, Rios, then 18 years of age, forcibly fondled a minor without her consent. In March of 2017, Rios forcibly fondled another minor and then engaged in a sexual act, all without her consent. The victims reported the assaults in August 2017. Rios 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 Micah Schmit, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-2416-TUC-JGZ
RELEASE NUMBER:    2021-005_Rios

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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TUCSON, Ariz. – Yesterday, Tacal Charles Hart, 35, of Tucson, Arizona, was sentenced by U.S. District Court Judge Scott H. Rash to ten years in prison for possession of ammunition by a convicted felon. Hart previously pleaded guilty on February 18, 2020.

On August 11, 2018, Hart, a three-time convicted felon, was involved in a shooting at Mansfield Park in Tucson. After the shooting, law enforcement seized two empty pistol magazines and one round of ammunition from Hart. On December 4, 2018, federal agents served a search warrant at Hart’s residence and found eight additional rounds of ammunition. 

On December 10, 2018, federal agents attempted to arrest Hart, but he fled in his vehicle through midtown Tucson. While fleeing, Hart threw a pistol and a pistol magazine loaded with 15 rounds of ammunition from his vehicle. During the chase, Hart abandoned his vehicle in a Walmart parking lot and continued to flee on foot. Hart hid in a nearby apartment for several hours until he was finally found and arrested. Another pistol, three pistol magazines, and several more rounds of ammunition were found in the apartment where Hart had been hiding. Federal agents also seized two improvised explosive from the trunk of Hart’s abandoned vehicle.

This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Tucson Police Department, conducted the investigation in this case. Assistant United States Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.

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CASE NUMBER:            CR18-2466-TUC-SHR
RELEASE NUMBER:    2021-003_Hart

TUCSON, Ariz. – Yesterday, Daniel Escalante, 43, of Tucson, Arizona was sentenced by U.S. District Judge Rosemary Marquez to 15 years in prison. Escalante previously pleaded guilty on August 28, 2019, to one count of kidnapping, three counts of Assault Resulting in Serious Bodily Injury, and one count of Possession of a Firearm by a Prohibited Person.

On May 31, 2018, Escalante held a Tohono O’Odham minor hostage at a home in Sells, Arizona, for several hours. Over this time, he struck the minor with a baseball bat, cut her with a knife, and strangled her into unconsciousness. Escalante was also in possession of a firearm, which was prohibited due to his status as a previously convicted felon. Escalante is an enrolled member of the Tohono O'Odham Nation.

The Tohono O’Odham Police Department and the Federal Bureau of Investigation conducted the investigation in this case. Matthew C. Cassell and Christopher J. Curran, Assistant U.S. Attorneys, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-2666-TUC-RM-LAB        
RELEASE NUMBER:    2021-004_Escalante

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

241 individuals were charged in December with illegal reentry

A.  153 of those 241 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 153 individuals with non-immigration criminal records:

1.  39 had violent crime convictions, including:

1 individual had a homicide conviction
5 individuals had sex offense convictions
8 individuals had domestic violence convictions

2.  12 had property crime convictions

3.  42 had DUI convictions

4.  70 had drug crime convictions

B.  99 of those 241 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         34 individuals were charged in December with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

          0 individuals were charged in December 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 late March 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:    2021-002_December Immigration and Border Crimes Report

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TUCSON, Ariz. – Last week, Jose Rosalio Fuentes, 58, of Nogales, Arizona, was sentenced to 30 months in prison by United States District Court Judge Rosemary Marquez.  Fuentes previously pleaded guilty to Bribery of a Public Official. 

In early 2018, Fuentes, then a CBP officer assigned to canine duty at the Nogales Port of Entry, agreed to allow an illegal alien into the United States in exchange for a $6,000 cash bribe. Fuentes knew the alien was a convicted felon, and proposed that the alien enter the United States through the port of entry during Fuentes’ shift. Surveillance footage shows Fuentes, on-duty and in uniform, pretending to swipe the alien’s identification at the port of entry, and then waiving the alien through the pedestrian gate and into the United States. Fuentes later met up with the alien and another individual to receive the $6,000 cash bribe.    

In addition to 30 months in prison, Fuentes is required to serve three years of supervised release and to pay a $6,000 fine. Fuentes is also prohibited from holding a position of trust with the United States in the future.

The Southern Arizona Corruption Task Force, which is composed of members from the Federal Bureau of Investigation, the Department of Homeland Security-Office of Inspector General, Immigration and Custom Enforcement-Office of Professional Responsibility, Customs and Border Protection-Office of Professional Responsibility, Tucson Police Department, and the Drug Enforcement Administration, conducted the investigation in this case. The Public Integrity Section of the United States Attorney’s Office is handling the prosecution.

CASE NUMBER:            4:18-cr-02068-RM-EJM
RELEASE NUMBER:    2021-001_Fuentes

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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PHOENIX, Ariz. – Yesterday, Elbert Philip Shabi, 69, of Indian Wells, Arizona, was sentenced by U.S. District Judge Michael T. Liburdi to twenty years in prison followed by five years of supervised release. Shabi previously pleaded guilty to kidnapping.

Shabi admitted that in 2016 or 2017, he seized the victim as she fled from him on foot. Shabi threatened the victim and held her overnight against her will. The kidnapping happened on the Navajo Nation Indian Reservation, where Shabi is a tribal member.

The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Dimitra Sampson, Amy Chang, and Jillian Besancon, District of Arizona, Phoenix, handled the prosecution. 

CASE NUMBER:            CR-20-08030-PCT-MTL
RELEASE NUMBER:    2020-114_Shabi

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PHOENIX, Ariz. – Yesterday, the United States Attorney's Office unsealed a complaint against Dale L. Hipes, 39, of Scottsdale, Arizona, charging him with wire fraud and money laundering in connection with an alleged scheme to defraud by falsely claiming to be a distributor of 3M face masks.

“Eight months ago we launched a Task Force to discover and stop fraud related to Covid-19 in our state,” said United States Attorney Michael Bailey. “Today’s announcement is a product of that effort. We remain committed to the task at hand, and will remain committed even after the pandemic ends.”

According to the complaint, Hipes, as CEO of BRI Supply, Inc., represented that he could procure 3M masks for the State of Texas during the COVID-19 pandemic. He falsely claimed to be a 3M authorized distributor and promised delivery in three days. The victim wired $16.65 million to Hipes to purchase nine million masks, but Hipes never produced any. Instead, Hipes returned $12 million to the victim then ceased all communications and expended the remaining funds for personal use. Law enforcement also seized four bank accounts, and a 2020 Kawasaki utility vehicle. These bank accounts and utility vehicle are alleged to contain, or have been purchased with, proceeds traceable to the charged crimes.

“It’s truly reprehensible that someone would misrepresent themselves and promise to provide Personal Protective Equipment (PPE) during a pandemic then take millions of the fraudulently obtained money and use it for their own personal gain,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “It is also not lost on us that this act is deliberately contrary to the actions of the philanthropist who fronted the money to the State of Texas in the first place. We want to thank 3M for their assistance and cooperation with this investigation as well as the United States Attorney’s Office, District of Arizona.”

United States Attorney Michael Bailey and Arizona Attorney General Mark Brnovich launched the COVID-19 Fraud Task Force in April 2020, leveraging the resources and expertise of more than twenty different federal and state agencies to combat fraud schemes arising out of the COVID-19 pandemic. The Federal Bureau of Investigation conducted the investigation in this case. The prosecution is being handled by Assistant U.S. Attorney Andrew C. Stone.

A conviction for wire fraud carries a maximum penalty of twenty years of imprisonment, a $250,000 fine, or both. A conviction for transactional money laundering carries a maximum penalty of ten years of imprisonment, a $250,000 fine, or both.

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

Hipes Complaint

CASE NUMBERS:                 20-9393MJ
RELEASE NUMBER:           2020-112_Hipes

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PHOENIX, Ariz. – Today, the United States Attorney’s Office made public a complaint against Celestine Coletta Strong, 44, of Phoenix, Arizona; Jawuan Polk, 35, of Portland, Oregon; Patrick Earl Lewis, 45, residence unknown; and Ty’zhaun Marqui Lewis, 23, of Phoenix, Arizona with charges including conspiracy, wire fraud, and money laundering in connection with fraudulent Paycheck Protection Program (PPP) loan applications.

“PPP loans have been essential to the survival of small businesses during the pandemic,” said United States Attorney Michael Bailey. “It is reprehensible that some people would choose to take advantage of the program to fraudulently fill their own pockets rather than leaving that money for those who truly need it.”

According to the complaint, Strong, Polk, P. Lewis and T. Lewis devised a scheme to fraudulently obtain loans from the CARES Act Paycheck Protection Program (PPP), a program designed to help small businesses meet their payroll obligations during the COVID-19 pandemic. According to the complaint, the four conspired to submit loan applications with falsified employee and wage information, fake bank statements, and other false information in an attempt to obtain 15 different loans totaling more than $3.5 million in loan proceeds. They fraudulently obtained approximately $450,000 in proceeds before the scheme was interrupted. Some of the proceeds were used to purchase a luxury Mercedes E400, which was also seized.

“Homeland Security Investigations (HSI) along with our government and private sector partners are committed to protecting the American public against those who willingly attempt to defraud the government for financial gain,” said Scott Brown, special agent in charge for the HSI Phoenix Office. “We will continue to use our broad legal authorities and longstanding partnerships to disrupt, investigate and bring to justice those who seek to exploit and benefit from the COVID-19 pandemic.”

“The Treasury Inspector General for Tax Administration will aggressively pursue those who endeavor to defraud taxpayer-funded Coronavirus Aid, Relief, and Economic Security Act programs, which were established to provide assistance to American business owners during these unprecedented times,” said J. Russell George, Treasury Inspector General for Tax Administration.  “We appreciate the efforts of the U.S. Department Justice and our law enforcement partners in this effort.”

United States Attorney Michael Bailey and Arizona Attorney General Mark Brnovich launched the COVID-19 Fraud Task Force in April 2020, leveraging the resources and expertise of more than twenty different federal and state agencies to combat fraud schemes arising out of the COVID-19 pandemic. The investigation referenced above was conducted by Homeland Security Investigations with assistance from the Treasury Inspector General for Tax Administration and the Small Business Administration Office of the Inspector General. The prosecution is being handled by Assistant U.S. Attorney Kevin M. Rapp.

A conviction for wire fraud carries a maximum penalty of twenty years of imprisonment, a $250,000 fine, or both. A conviction for money laundering carries a maximum penalty of ten years of imprisonment, a $250,000 fine, or both.

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

Complaint

CASE NUMBERS:                 2:20-mj-05300-DMF
RELEASE NUMBER:           2020-112_PPP Loan Fraud

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az 
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TUCSON, Arizona – The last of twenty-eight defendants charged in two sweeping investigations into the manufacture and distribution of the controlled substance commonly referred to as “spice,” a synthetic cannabinoid made with chemicals, was federally sentenced on December 10 in United States District Court.

The twenty-eight defendants were charged and convicted of a variety of crimes including conspiracy to possess with intent to distribute a controlled substance, conspiracy to possess with intent to distribute a controlled substance analogue, conspiracy to engage in interstate travel in aid of racketeering, conspiracy to commit mail fraud, introduction of misbranded drugs into interstate commerce, and money laundering. 

As part of their sentences, the twenty-eight individuals forfeited, among other things, six residences, one business, twelve vehicles, $532,158 in U.S. currency, and obtained money judgments in the amount of $1,335,402.

The National Institute of Health describes synthetic cannabinoids as human-made, mind-altering chemicals that are either sprayed or dried, shredded plant material that can be smoked, or sold as liquid to be vaporized and inhaled in e-cigarettes and other devices. Synthetic cannabinoids are often labeled as “not for human consumption,” and may claim they contain natural materials, however they are dangerous chemicals that bind to the same receptors in the brain as THC and may have unpredictable effects.

Two separate multi-year investigations conducted by the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigation (IRS-CI), the Federal Bureau of Investigations (FBI), Homeland Security Investigations (HSI), U.S. Border Patrol (CBP), U.S. Marshal Service (USMS), Tucson Police Department, South Tucson Police Department, Casa Grande Police Department and the Sahuarita Police Department, discovered that “spice” suppliers in Colorado and Arizona imported the precursor chemicals from China, and manufactured the controlled substances in Long Beach, California and Tucson and Phoenix, Arizona. The suppliers then distributed the controlled substances primarily to local smoke shops in Tucson, South Tucson, Dallas/Fort Worth, and other cities, where they were ultimately sold to drug users. The twenty-eight defendants each pleaded guilty and were convicted and sentenced as follows:

On December 10, 2020, Madji Khaleq, of Denver, Colorado, was sentenced to four years of probation for conspiracy to distribute controlled substances and controlled substance analogues. $164,944 in United States currency and $25,320 in money orders were forfeited. Khaleq is also required to pay a personal money judgment in the amount of $75,837 to the United States.

On November 8, 2018, Ana Patricia Hidalgo-Hernandez, of Long Beach, California, was sentenced to time served in prison, followed by three years of supervised release for Conspiracy to Introduce Misbranded Drugs into Interstate Commerce.

On November 30, 2017, Najib Alghaithi, of Tucson, Arizona, was sentenced to twenty-four months in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. $66,299 in United States currency was forfeited.

On October 20, 2020, Abdulkader Alghaithi, of Tucson, Arizona was sentenced to thirty-six months in prison, followed by three years of supervised release for Conspiracy Possess with Intent to Distribute Controlled Substances, Possession with Intent to Distribute Controlled Substances, and Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. The government forfeited Alghaithi’s vehicle and residence.

On July 12, 2018, Jamil Qasem, of Tucson, Arizona, was sentenced to forty-two months in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substances and Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. Qasem is also required to pay $40,000 to the United States. 

On January 18, 2018, Mazin Saleh, 36, of Tucson, Arizona, was sentenced to four years of probation for Conspiracy to Commit Mail Fraud. The government seized $5,000 in lieu of Saleh’s vehicle.

On January 23, 2018, Muhieldin Muhieldin, of Tucson, Arizona, was sentenced to three years of probation for Receiving Misbranded Drugs in Interstate Commerce.

On January 4, 2018, Nasser Farah, of Chicago, Illinois, was sentenced to three years of probation for Conspiracy to Possess with Intent to Distribute Controlled Substances.

On June 29, 2017, Davoud Shayan, of Tucson, Arizona, was sentenced to time served followed by one year of supervised release for Introduction of Misbranded Drugs in Interstate Commerce.

On August 15, 2017, Denice Michael, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On January 23, 2018, Kholoud Hamdi, of Tucson, Arizona, was sentenced to three years of probation for Introduction of Misbranded Drugs in Interstate Commerce.

On January 5, 2018, Sharif Hamdi, of Tucson, Arizona, was sentenced to fourteen months in prison followed by one year of supervised release for Introduction of Misbranded Drugs in Interstate Commerce.

On June 21, 2017, Junior Jacklick, of Tucson, Arizona, was sentenced to time served, for the Introduction of Misbranded Drugs in Interstate Commerce.

On June 6, 2017, Qasem Mahmoud Shahin, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On June 22, 2017, Adam Hassan, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On February 21, 2018, Abdulaziz Shahin, of Tucson, Arizona, was sentenced to twenty-seven months in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute a Controlled Substance and Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. Shahin is also required to pay $14,565 to the United States.

On November 8, 2017, Nasir Ibrahim, of Tucson, Arizona, was sentenced to thirteen months and one day in prison followed by one year of supervised release for Receiving Misbranded Drugs in Interstate Commerce.

On August 9, 2019, Samuel Salomon of Tucson, Arizona, was sentenced to thirty-six month in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substances and Conspiracy to Launder Monetary Instruments. The government forfeited Salomon’s residence, two other parcels of land, his smoke shops, two vehicles, and $15,801 for the sale of a third vehicle. Samuel Salomon is also required to pay $1,200,000 to the United States.

On September 4, 2019, Daniel Salomon, of Tucson, Arizona, was sentenced to six months in prison followed by three years of supervised release for Conspiracy to Launder Monetary Instruments. 

On November 13, 2019, Ardell Addington, of Evansville, Wyoming, was sentenced to time served followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substances and Controlled Substances Analogues.

On June 18, 2019, Renee Salomon, of Tucson, Arizona, was sentenced to four years of probation for Conspiracy to Launder Monetary Instruments. Renee Salomon is also required to pay $50,000 to the United States.

On August 9, 2019, Rodolfo Alvarez Samaniego, of Tucson, Arizona, was sentenced to two years of probation for Causing the Introduction of Misbranded Drugs in Interstate Commerce.

On June 7, 2019, Mauro Acuna, of Tucson, Arizona, was sentenced to three years of probation for Conspiracy to Possess with Intent to Distribute Controlled Substances and Controlled Substance Analogues.

On January 22, 2020, Anabel Valdez, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On March 19, 2018, Jose Edmundo Gradillas, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On June 11, 2019, Alfred Manuel Gamez, Jr., of Tucson, Arizona, was sentenced to three years of probation Receipt of Misbranded Drugs in Interstate Commerce.

On March 16, 2018, Daniel James Garcia, of Tucson, Arizona, was sentenced to four years of probation for Conspiracy to Import Controlled Substances and/or Analogues and Conspiracy to Laundering of Monetary Instruments.

On July 3, 2018, Damien Ismail Sanchez, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

The investigations were conducted by agencies participating in the Organized Crime Drug Enforcement Task Force. The partner agencies include the DEA, IRS-CI, FBI, HSI, CBP, USMS, Tucson Police Department, South Tucson Police Department, Casa Grande Police Department and the Sahuarita Police Department. Assistant U.S. Attorney Matthew G. Eltringham, District of Arizona, Tucson, handled the prosecutions.

CASE NUMBERS:          16-CR-1430-TUC JGZ (LCK), 16-CR-1431-TUC JGZ (LCK), 16-CR-1432-TUC JGZ (LCK), 16-CR-1433-TUC JGZ (LCK), 16-CR-2160-TUC JGZ (DTF).
RELEASE NUMBER:    2020-111_ Synthetic Spices

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

175 individuals were charged in November with illegal reentry

A.  126 of those 175 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 126 individuals with non-immigration criminal records:

1.  30 had violent crime convictions, including:

1 individual had a homicide conviction
11 individuals had sex offense convictions
2 individuals had domestic violence convictions

2.  13 had property crime convictions

3.  20 had DUI convictions

4.  60 had drug crime convictions

B.  64 of those 175 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         24 individuals were charged in November with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

          0 individuals were charged in November 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 late March 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:    2020-110_November Immigration and Border Crimes Report

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PHOENIX, Ariz. – Last week, Steven Malcolm Johns, 34, of Sacaton, Arizona, was sentenced by U.S. District Judge Michael T. Liburdi to 5 years in prison for Habitual Domestic Assault and 7 years in prison for Possessing Methamphetamine with Intent to Distribute. The sentences will run concurrently, and be followed by four years of supervised release.

On June 27, 2019, Johns assaulted the mother of his child after previously being convicted of multiple domestic violence offenses. Johns was arrested on August 22, 2019, and found to be in possession of at least 30 grams of methamphetamine. Johns is an enrolled member of the Gila River Indian Community.

The Gila River Police Department conducted the investigation in this case. Raynette Logan, Assistant U.S. Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-00959-PHX-DTL
RELEASE NUMBER:    2020-109_Johns

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PHOENIX, Ariz. – On November 19, Khadijha Louraye Keams, of Fort Defiance, Arizona, was sentenced by U.S. District Judge Michael T. Liburdi to eight years in prison, followed by three years of supervised release. Keams previously pleaded guilty to one count of assault with a dangerous weapon. 

Keams admitted that in November 2019 she intentionally stabbed the victim multiple times in the chest and body with a knife before fleeing the scene. The assault took place on the Navajo Nation Indian Reservation, where Keams and the victim 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 Kiyoko Patterson and Amy Chang, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-8262-PCT-MTL
RELEASE NUMBER:    2020-108_Keams

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TUCSON, Ariz. – On November 24, a federal grand jury in Tucson returned a three-count indictment against Michael Tagle Santos, 33, and Cherry Mae Santos, 28, husband and wife, of Tucson, Arizona for conspiracy to commit wire fraud and wire fraud.

The indictment alleges that between 2013 and March 2018, the Santoses defrauded an elderly, disabled victim by enriching themselves through the victim’s financial accounts while serving as caregivers. They are charged with fraudulently transferring funds from the victim’s account to their own accounts as salary “advances.” The Santoses are also accused of fraudulently transferring additional funds for personal use, while simultaneously paying themselves a salary out of the victim’s account.

A conviction for conspiracy to commit wire fraud and wire fraud each carry a maximum penalty of 20 years imprisonment, a $250,000 fine, or both.

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

The United States Secret Service and the Pima County Sheriff’s Office investigated this matter.  The United States Attorney’s Office, District of Tucson, is handling the prosecution.

CASE NUMBER:                   CR-20-2707-JGZ (LAB)
RELEASE NUMBER:           2020-107_Santos

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PHOENIX, Ariz. – On Wednesday, Miles Spencer Coyote, 26, of Somerton, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to 42 months in prison, followed by three years of supervised release. Coyote previously pleaded guilty to transfer of obscene material to a minor. 

Between February 11, 2019 and March 28, 2019, Coyote used his Facebook account to transfer obscene material to the minor victim. The National Center for Missing and Exploited Children (NCMEC) flagged these Facebook communications in June 2019 and referred the case for prosecution.

The Federal Bureau of Investigation and the Cocopah Tribal Police Department conducted the investigation in this case. Assistant U.S. Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.

NCMEC is a private, non-profit 501(c)(3) corporation whose mission is to help find missing children, reduce child sexual exploitation, and prevent child victimization. NCMEC works with families, victims, private industry, law enforcement, and the public to assist with preventing child abductions, recovering missing children, and providing services to deter and combat child sexual exploitation. https://www.missingkids.org/home

CASE NUMBER:            CR-19-00956-PHX-SMB
RELEASE NUMBER:    2020-106_Coyote

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TUCSON, Ariz. – On Monday, Rogelio Salazar Gastelum, Jr., 54, of Sells, Arizona, was sentenced by Senior U.S. District Judge Cindy K. Jorgenson to 52 months in prison, followed by three years of supervised release. Gastelum previously pleaded guilty to Assault with a Dangerous Weapon.

On June 23, 2017, at a location on the Tohono O’odham Nation, Gastelum stabbed another person with whom he was in a domestic relationship. The victim was airlifted to a nearby hospital for treatment. Gastelum 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 Micah Schmit, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-0395-TUC-CKJ
RELEASE NUMBER:    2020-105_Gastelum

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Today, Wei Sun, 49, a Chinese national and naturalized citizen of the United States, was sentenced to 38 months in prison by District Court Judge Rosemary Marquez. Sun previously pleaded guilty to one felony count of violating the Arms Export Control Act (AECA).

Sun was employed in Tucson for 10 years as an electrical engineer with Raytheon Missiles and Defense. Raytheon Missiles and Defense develops and produces missile systems for use by the United States military. During his employment with the company, Sun had access to information directly related to defense-related technology. Some of this defense technical information constituted what is defined as “defense articles,” which are controlled and prohibited from export without a license under the AECA and the International Traffic in Arms Regulations (the ITAR).

From December 2018 to January 2019, Sun traveled from the United States to China on a personal trip. On that trip, Sun brought along unclassified technical information in his company-issued computer, including data associated with an advanced missile guidance system that was controlled and regulated under the AECA and the ITAR. Despite having been trained to handle these materials correctly, Sun knowingly transported the information to China without an export license in violation of the AECA and the ITAR.

“Sun was a highly skilled engineer entrusted with sensitive missile technology that he knew he could not legally transfer to hostile hands,” said Assistant Attorney General John C. Demers.  “Nevertheless, he delivered that controlled technology to China.  Today’s sentence should stand as a warning to others who might be tempted similarly to put the nation’s security at risk.”

“The United States relies on private contractors to help build our unparalleled defense technology,” said United States Attorney Michael Bailey. “People who try to expose that technology to hostile foreign powers should know that prison awaits them. The close cooperation of the victim defense contractor and the dedication of the FBI made this case a success.”

“This isn’t about a laptop mistakenly taken on a trip, this was the illegal export of U.S. missile technology to China,” said Assistant Director Alan E. Kohler, Jr. of the FBI's Counterintelligence Division. “The FBI will continue to partner with companies to protect their information and our national security while bringing criminals such as Wei Sun to justice.”

The Federal Bureau of Investigation, investigated this matter with the assistance of Raytheon Missiles and Defense. Beverly K. Anderson and Nicole P. Savel, Assistant United States Attorneys, and William Mackie from the National Security Division, Counterintelligence and Export Control Section, handled the prosecution.                                                                                             

PHOENIX, Ariz. – Yesterday, John Michael Gregg, 36, of Chandler, Arizona, was sentenced by U.S. District Judge Dominic W. Lanza to 16 years in prison, followed by three years of supervised release.

On September 1, 2019, at a location within the Gila River Indian Community, Gregg shot the victim multiple times, resulting in the victim’s death. Gregg is an enrolled member of the Tohono O’odham Nation. Gregg had previously pleaded guilty to Second Degree Murder on September 1, 2020.

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-19-01299-PHX-DWL 
RELEASE NUMBER:    2020-104_Gregg

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TUCSON, Ariz. – Today, Wei Sun, 49, a Chinese national and naturalized citizen of the United States, was sentenced to 38 months in prison by District Court Judge Rosemary Marquez. Sun previously pleaded guilty to one felony count of violating the Arms Export Control Act (AECA).

Sun was employed in Tucson for 10 years as an electrical engineer with Raytheon Missiles and Defense. Raytheon Missiles and Defense develops and produces missile systems for use by the United States military. During his employment with the company, Sun had access to information directly related to sensitive defense technology. Some of this defense technical information constituted what is defined as “defense articles,” which are controlled and prohibited from export without a license under the AECA and the International Traffic in Arms Regulations (the ITAR).

From December 2018 to January 2019, Sun traveled from the United States to China on a personal trip. On that trip, Sun brought along unclassified defense-related technical information in his company-issued computer, including data associated with an advanced missile guidance system that was controlled and regulated under the AECA and the ITAR. Despite having been trained to handle these materials correctly, Sun knowingly transported the information to China without an export license in violation of the AECA and the ITAR.

“Sun was a highly skilled engineer entrusted with sensitive missile technology that he knew he could not legally transfer to hostile hands,” said Assistant Attorney General John C. Demers.  “Nevertheless, he delivered that controlled technology to China.  Today’s sentence should stand as a warning to others who might be tempted similarly to put the nation’s security at risk.”

“The United States relies on private contractors to help build our unparalleled defense technology,” said United States Attorney Michael Bailey. “People who try to expose that technology to hostile foreign powers should know that prison awaits them. The close cooperation of the victim defense contractor and the dedication of the FBI made this case a success.”

"Sun admitted to illegally exporting controlled weapons technology plans out of the U.S. to China." said Sean Kaul Special Agent in Charge of the FBI Phoenix Field Office. "China represents the greatest counterintelligence threat to our nation's protected information and intellectual property. Confronting this threat remains a top priority for the FBI and we applaud the victim company for their cooperation and coordination throughout this investigation. We encourage Americans to be aware of the foreign economic espionage threat and report any relevant information to their local FBI office."

The Federal Bureau of Investigation, investigated this matter with the assistance of Raytheon Missile and Defense. Beverly K. Anderson and Nicole P. Savel, Assistant United States Attorneys, and William Mackie from the National Security Division, Counterintelligence and Export Control Section, handled the prosecution. 

                                                                                               

CASE NUMBER:            CR-19-00472 TUC-RM
RELEASE NUMBER:    2020-103_Wei Sun

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TUCSON, Ariz. – Last week, Adan Ramirez, 37, of Tucson, Arizona, was sentenced by U.S. District Judge Rosemary Marquez to six months in prison and ordered to pay $100,479 in restitution to the Internal Revenue Service (IRS).

Ramirez previously pleaded guilty to aiding and assisting the preparation of false tax returns. Ramirez presented fraudulent claims for wages, withholdings, dependents, Earned Income Credits (EIC), and Additional Child Tax Credits (ACTC) to obtain tax refunds.

The IRS Criminal Investigation division conducted the investigation in this case. The Financial Crimes Unit of the U.S. Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

Ramirez Indictment

CASE NUMBER: CR-19-01532
RELEASE NUMBER:  2020-102_Ramirez           

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TUCSON, Ariz. – On Friday, Jacob Roach, 38, was sentenced by U.S. District Court Judge Jennifer G. Zipps to 40 months in prison for using his position with a bank to defraud an 82-year old victim. Roach was also ordered to pay $1.25 million in restitution.

Roach was employed as a business relationship banker for a large bank in the Tucson area, where he fraudulently created a bank account in the victim’s name, and thereafter embezzled $1.25 million for his own use. Roach resigned from his position before the bank discovered the scheme.

Homeland Security Investigations, Tucson HIDTA Financial Task Force, conducted the investigation in this case. Assistant U.S. Attorney Wallace Kleindienst, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER: CR19-1332-JGZ-BGM             
RELEASE NUMBER:    2020-101_Roach

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TUCSON, Ariz. – On Tuesday, Van Raymond Brollini, 71, a former resident of Tucson, Arizona, was sentenced by U.S. District Judge Cindy K. Jorgenson to 33 months in prison for evading payment of approximately $310,000 in federal tax owed to the government. Brollini was also ordered to pay $510,937.68 in restitution and approximately $6,000 in prosecution costs. Brollini was remanded into federal custody immediately after his sentence.

A federal jury had previously found Brollini guilty of tax evasion, corrupt interference with tax administration, and failure to file a tax return. The evidence presented at trial demonstrated that Brollini, a former engineer at National Semiconductor Corporation, evaded payment of taxes assessed by the Internal Revenue Service from 2002 through 2004, and failed to file a return as required by law for tax years 2006 through 2009.

The Internal Revenue Service Criminal Investigation conducted the investigation in this case.  The Financial Crimes Unit of the U.S. Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-13-00574-CKJ-BGM
RELEASE NUMBER:     2020-100_Brollini

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

322 individuals were charged in October with illegal reentry

A.  213 of those 322 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 213 individuals with non-immigration criminal records:

1.  36 had violent crime convictions, including:

0 individuals had homicide convictions
5 individuals had sex offense convictions
8 individuals had domestic violence convictions

2.  19 had property crime convictions

3.  56 had DUI convictions

4.  99 had drug crime convictions

B.  151 of those 322 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         38 individuals were charged in October with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

          0 individuals were charged in October 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 late March 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:    2020-099_October Immigration and Border Crimes Report

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PHOENIX, Ariz. – Yesterday, Michael Gilbert Butler, Sr., 45, of Peach Springs, Arizona, was sentenced by Chief U.S. District Judge G. Murray Snow to 84 months in federal prison, followed by three years of supervised release. Butler previously pleaded guilty to assault with a dangerous weapon. 

On August 26, 2018, Butler stabbed the victim, causing serious bodily injuries. Butler, a member of the Hualapai Indian Tribe, committed the assault on the Hualapai Indian Reservation. The victim is a member of the Navajo Nation.

The Federal Bureau of Investigation and the Hualapai Nation Police Department conducted the investigation in this case. Assistant United States Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-18-08147-PCT-GMS
RELEASE NUMBER:    2020-098_Butler

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TUCSON, Ariz. – Yesterday, Jose Maria Moreno, 20, of Tucson, Arizona, was sentenced by U.S. District Judge James A. Soto to 78 months in prison. Moreno previously pleaded guilty to Discharging a Firearm at an Occupied Structure.

On December 12, 2018, Moreno drove by the victim’s residence multiple times on the Pascua Yaqui Indian Reservation. Moreno then got out of the vehicle and fired three shots at the residence, hitting a bedroom at the front of the home. At the time of the shooting, Moreno knew that multiple people lived at the residence. Five people were in the house when he fired the shots including three adults, two of whom were registered members of the Pascua Yaqui tribe, and two minor children. No one was injured. 

The Federal Bureau of Investigations and the Pascua Yaqui Police Department conducted the investigation in this case. Assistant United States Attorney Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR19-113-TUC-JAS(EJM)          
RELEASE NUMBER:    2017-097_Moreno

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PHOENIX, Ariz. – On Tuesday, Emmett Youyetewa, 53, of Keams Canyon, Arizona, was sentenced by U.S. District Judge Dominic Lanza to 15 years in prison for sexually abusing a minor. Youyetewa was also sentenced to lifetime supervised release and is required to register as a sex offender. Youyetewa previously pleaded guilty to Sexual Abuse of a Minor.

Youyetewa sexually abused the twelve-year-old victim at a home in Keams Canyon, Arizona, on the Hopi Indian Reservation. Youyetewa is an enrolled member of the Gila River Indian Community. 

The Bureau of Indian Affairs investigated this matter. Assistant United States Attorney Tracy Van Buskirk, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-08256-PCT-DWL 
RELEASE NUMBER:    2020-096_Youyetewa

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PHOENIX, Ariz. – On October 26, 2020, Gregg Henry, 54, of Cibecue, Arizona, was sentenced by U.S. District Judge Steven P. Logan to 27 months in prison followed by three years of supervised release. Henry previously pleaded guilty to assault resulting in serious bodily injury.                                                                                                            

On April 6, 2018, Henry punched the victim in the face one time, breaking her jaw. The victim and defendant were dating partners. Henry is a member of the White Mountain Apache Tribe, and the crime occurred on the Fort Apache Indian Reservation.

The Federal Bureau of Investigation and the White Mountain Apache Police Department conducted the investigation. Assistant United States Attorneys Tracy Van Buskirk and Anthony Church, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR 19-08005-PCT-SPL
RELEASE NUMBER:    2020-095_G. Henry

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PHOENIX, Ariz. – United States Attorney Michael Bailey today announced more than $2.6 million in Department of Justice grants to fight and prevent violent crime in Arizona. The grants, awarded by the Department’s Office of Justice Programs, are part of more than $458 million in funding to support state, local and tribal law enforcement efforts to combat violent crime in jurisdictions across the United States.

“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”

The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. Today’s grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.

 “Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”

Of the more than $458 million awarded nationwide, OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives, including efforts in enforcement, prosecution, adjudication, detention, and rehabilitation.

OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.8 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System.

The following organizations in the District of Arizona received funding:

• Arizona Board of Regents on behalf of ASU - $203,939
   
• Arizona Criminal Justice Commission (2 Awards) - $675,614; $1,810,569

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER: 2020-094_Violent Crime Grants

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TUCSON, Ariz. - Marco Antonio Flores, 28, of Tucson, Arizona, was sentenced today by U.S. District Judge Scott H. Rash to serve 108 months in prison, followed by three years of supervised release. Flores previously pleaded guilty to two counts of robbery. 

On June 10, 2017 and on October 21, 2017, Flores committed robberies against separate victims at residences on Pascua Yaqui land using force and violence. Flores is an enrolled member of the Pascua Yaqui Tribe.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Erica L. Seger, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-00487-TUC-SHR
RELEASE NUMBER:    2020-093_Flores

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PHOENIX, Ariz. – On October 8, Corey Chrispin Henry, 25, of Cibecue, Arizona, was sentenced by United States District Judge Dominic W. Lanza to 24 months in prison, followed by 36 months of supervised release.

Last November, Henry pleaded guilty to the felony offense of Assault by Strangling or Suffocating for the September 30, 2018 assault on his significant other. The assault took place on the Fort Apache Indian Reservation. Henry is a registered member of the White Mountain Apache Tribe.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Anthony Church, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-08089-PCT-DWL
RELEASE NUMBER:    2020-092_Henry

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PHOENIX, Ariz. – U.S. Attorney Michael Bailey today announced over $1.2 million in Department of Justice grants for Arizona, part of more than $43 million total awarded to more than 50 institutions, agencies, and organizations for research and evaluation projects that identify data-driven programs for reducing crime and promoting justice. The awards span research topic priorities such as prisoner reentry, terrorism prevention, human trafficking and police officer safety and wellness.

The awards are part of a strategic plan developed by OJP’s National Institute of Justice to advance technology, strengthen scientific research and translate knowledge to practice. They represent NIJ’s broader effort to include more diversity of disciplines, such as physical and social sciences, to link areas of research that have not previously been connected.

“The more we know about crime—the better we understand its causes and consequences—the greater our chances of finding sustainable solutions to the public safety problems confronting our communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The research supported by these awards will expand our knowledge about what works to reduce crime, curb reoffending and protect our criminal justice professionals, and this new knowledge will put us a step closer to achieving a more just and lawful society.”

The research addresses critical needs such as prisoner reentry, emphasizing innovative strategies to reintegrate offenders into communities and reduce recidivism. Today’s announcement includes three projects that will study reentry initiatives, including those in rural communities. The research will advance the body of knowledge on promising practices in the field of offender reentry.

In Arizona, the Board of Regents, on behalf of Arizona State University received two research awards:
 

• Research and Evaluation on Violence Against Women – $203,939
   
• Research on the Abuse, Neglect and Exploitation of Elderly Individuals - $1,035,328
   

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER: 2020-091_Research Grants

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

318 individuals were charged in September with illegal reentry

A.  194 of those 318 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 194 individuals with non-immigration criminal records:

1.  32 had violent crime convictions, including:

0 individuals had homicide convictions
3 individuals had sex offense convictions
12 individuals had domestic violence convictions

2.  7 had property crime convictions

3.  38 had DUI convictions

4.  102 had drug crime convictions

B.  146 of those 318 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         25 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.

*The Department of Homeland Security instituted a policy in late March 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:    2020-089_September Immigration and Border Crimes Report

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PHOENIX, Ariz. – U.S. Attorney Michael Bailey today announced over $3 million in Department of Justice grants to Arizona to fund crime laboratories, decrease DNA backlogs, support basic and applied forensic research, and help law enforcement identify missing persons. The grants, awarded by the Department’s Office of Justice Programs, are part of $192 million in funding to advance forensic science nationwide.

“Developments in forensic science have given investigators an extraordinary array of tools that can be enlisted to solve crimes and bring answers to victims and survivors, often after many years and even decades,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These investments in crime-fighting technology, from DNA analysis to drug toxicology to forensic anthropology, will help identify and convict perpetrators, ensure justice for innocent victims and keep communities safe by deterring future criminal activity.”

Since 2004, the Office of Justice Programs has received an annual appropriation for DNA and other forensic science activities. The funding, administered through OJP’s Bureau of Justice Assistance and National Institute of Justice, supports DNA analysis, laboratory capacity enhancement and forensic science research that provides knowledge and tools to improve the quality and practice of forensic science.

The following organizations in Arizona received funding:

• City of Tucson - $252,900
• City of Mesa - $250,025
• Arizona Department of Public Safety - $754,606
• City of Phoenix Police Department (2 awards) - $576,697; $74,413
• Scottsdale Police Department Crime Laboratory - $250,025
• Arizona Criminal Justice Commission - $392,583
• Mayo Clinic Arizona - $462,240
• Arizona State University - $150,000
   

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER: 2020-090_Forensic Grants

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PHOENIX, Ariz. - United States Attorney Michael Bailey announced today that Assistant United States Attorney (AUSA) Sean Lokey will lead the efforts of his office related to the Justice Department’s nationwide Election Day Program for the general election on November 3.

As the District Election Officer (DEO) for Arizona, AUSA Lokey is responsible for overseeing the District’s handling of election fraud complaints and voting rights concerns in consultation with the Justice Department in Washington, DC.

“The integrity of the voting process is vital to our democracy,” said United States Attorney Michael Bailey. “My office stands ready, alongside our law enforcement partners and the entire Department of Justice, to ensure that integrity is protected and preserved. It is imperative that citizens report any concerns promptly so that we can address them fully and effectively.”

The Justice Department has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program seeks to ensure public confidence in the integrity of the election process by providing local points of contact for the public to report possible election fraud and voting rights violations.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. Actions designed to interrupt or intimidate a voter at a polling place by questioning, challenging, filming, or photographing the voter under the pretext of trying to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice if needed.

Voting is the cornerstone of American democracy. We all must ensure that those who are entitled to vote exercise that right if they choose, and that those who seek to corrupt the process are brought to justice.

AUSA Lokey will be on duty in Arizona on Election Day to respond to complaints of election fraud or voting rights concerns. AUSA Lokey can be reached by the public at the following telephone numbers: 602-514-7516 or 602-361-6516.

The Federal Bureau of Investigation (FBI) will also have agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The FBI in Arizona can be reached by phone at 623-466-1999 or online at https://tips.fbi.gov/. 

Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

In the case of a crime of violence or intimidation, call 911 immediately. State and local police have primary jurisdiction over polling places.

RELEASE NUMBER: 2020-087_District Election Officer

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PHOENIX, Ariz. – United States Attorney Michael Bailey today announced awards of over $3.5 million in Department of Justice grants to fight drug abuse and addiction in Arizona. The grants were awarded by the Department’s Office of Justice Programs (OJP) and are part of more than $341 million going to communities nationwide.

“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”

Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.

“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”

Funding is made available through OJP’s Bureau of Justice Assistance, National Institute of Justice, Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention.

The following organizations in Arizona received funding:

• County of Yuma - $262,164
   
• Gila River Indian Community - $500,000
   
• Superior Court in Pima County - $499,524
   
• Judiciary Courts of the State of Arizona - $750,000
   
• Arizona Criminal Justice Commission - $817,487
   
• Arizona Youth Partnership - $690,553
   

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER: 2020-088_Opioid Grants

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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PHOENIX, Ariz. – On Tuesday, Harlan Billie, 30, of Ganado, Arizona, was sentenced by Chief U.S. District Judge G. Murray Snow to 50 months in prison for sexually abusing a minor. Billie was also sentenced to lifetime supervised release and is required to register as a sex offender. Billie previously pleaded guilty to Sexual Abuse of a Minor.

Billie sexually assaulted the teenage victim at a home in Sanders, Arizona, on the Navajo Nation Indian Reservation. Both Billie and the victim are members of the Navajo Nation Indian Tribe. 

The Federal Bureau of Investigation investigated this matter. Assistant United States Attorney Christine Ducat Keller, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-18-08237-PCT-GMS
RELEASE NUMBER:    2020-086_Billie

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PHOENIX, Ariz. – U.S. Attorney Michael Bailey today announced over $2 million in Department of Justice grants to address violence occurring at our nation’s schools. The grants, awarded by the Department’s Office of Justice Programs, are part of more than $87 million to bolster school security, support first responders who arrive on the scene of a school shooting or other violent incident, and conduct research on school safety.

STOP School Violence, a program of OJP’s Bureau of Justice Assistance, improves school security by providing students and teachers with the tools they need to recognize, respond quickly to and help prevent acts of violence. In addition to STOP School Violence Act funding, OJP’s National Institute of Justice is investing in research on school violence.  

“Only by removing the threat of violence from our schools can we expect our kids to reap the full benefits of their education, and only after making our places of learning safe can we ask our teachers to instruct and inspire as they are trained to do,” said OJP’s Principal Deputy Attorney General Katharine T. Sullivan. “The Department of Justice is committed to securing our schools from danger and giving our kids the support they need to learn, grow and thrive.”

The following organizations in the District of Arizona received funding:

• Santa Cruz County School Superintendent’s Office - $672,024
   
• Wickenburg Unified School District 9 - $231,907
   
• Casa Blanca Community School - $93,558
   
• Page Unified School District 8 - $709,293
   
• Tempe Union High School District 213 - $492,632
   

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER: 2020-085_School Safety Grants

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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PHOENIX, Ariz. – U.S. Attorney Michael Bailey today announced awards of over $1.6 million in Department of Justice grants to develop and improve systems to register and track sex offenders in Arizona. Awarded by the Department’s Office of Justice Programs, these grants help states, U.S. territories, and tribal communities register and track sex offenders and enable them to meet the requirements of the Sex Offender Registration and Notification Act (SORNA). Funds also help maintain the Dru Sjodin National Sex Offender Public Website.

“Citizens are better protected from sexual violence when jurisdictions follow SORNA’s standards,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving state, territory and tribal officials the resources they need to register and track sex offenders and prevent known threats in one community from posing new dangers to others.”

OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART Office) is awarding approximately $16 million to jurisdictions across the country to develop and enhance programs designed to implement the provisions of SORNA. The SMART Office is awarding almost $800,000 to provide training and technical assistance to jurisdictions implementing SORNA standards. The U.S. Center for SafeSport will receive the $2.3 million Keep Young Athletes Safe grant to continue developing a comprehensive training and prevention program to prevent abuse in the athletic programs of the U.S. Olympic & Paralympic Committee and related sports organizations. The SMART Office will award nearly $1 million to the Institute for Intergovernmental Research to support maintenance, operations and technological improvements for the Dru Sjodin National Sex Offender Public Website, NSOPW.gov, which links state, territorial and tribal public registry websites and allows the public to search for registered sex offenders on a national scale.

“Our mission at the SMART Office is to help our state, tribal and territorial partners register and provide notification to the public of sex offenders within their jurisdictions,” said Kendel Ehrlich, Director of the SMART Office. “We will continue to provide both law enforcement and the public with the tools they need to better inform and protect their communities and themselves.”

The following organizations in Arizona received funding:

• The Havasupai Tribe - $100,000.00
• Yavapai-Apache Nation - $150,000.00
• Colorado River Indian Tribes - $360,978.00
• The Hopi Tribe - $279,601.00
• Salt River Pima-Maricopa Indian Community - $391,501.00

• White Mountain Apache Tribe - $385,208.00

More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER: 2020-084_SMART Grants

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PHOENIX, Ariz. – Today, the Department of Justice announced it has charged more than 500 domestic violence cases involving firearms during Fiscal Year (FY) 2020. A Department priority since 2019 when Attorney General William P. Barr created the Department of Justice’s first ever-Domestic Violence Working Group, these charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made domestic violence firearms-related investigations a priority.

“Keeping firearms out of the hands of dangerous criminal offenders is one of the Department of Justice’s top priorities,” said Attorney General Barr. “This is especially important when it comes to individuals with prior domestic violence convictions. The statistics are clear that when domestic violence offenders have access to guns, their partners and their families are at much greater risk of falling victim to gun violence. In fact, in some communities across America, roughly half of the homicides are related to domestic violence. The Department of Justice is committed to keeping guns out of the hands of those who are prohibited from having them, and we will continue investigating and prosecuting all domestic violence firearms related crimes.”

 “According to the CDC, data suggests that about one in six homicide victims are killed by an intimate partner,” said ATF Acting Director Lombardo. “Nearly half of female homicide victims in the U.S. are killed by a current or former male intimate partner. ATF is committed to aggressively pursuing prohibited possession of firearms due to domestic violence convictions and certain protective orders. It is another way we prevent violent gun crime within our communities.”

“Convicted domestic abusers forfeit their right to own guns,” said United States Michael Bailey. “Home should be a place of peace, and never a place of fear. As prosecutors, we must keep these violent offenders from causing further harm.”

Under federal law, individuals with domestic violence misdemeanor and felony convictions, as well as individuals subject to domestic violence protective orders, are prohibited from possessing firearms. The data shows that offenders with domestic violence in their past pose a high risk of homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to kill their partners.

The Working Group, chaired by U.S. Attorney Erin Nealy Cox, of the Northern District of Texas, disseminates legal guidance on keeping guns out of the hands of domestic violence abusers using three federal statutes:

• 18 USC § 922 (g)(1), felon in possession of a firearm
   
• 18 USC § 922 (g)(9), possession of a firearm by a prohibited person (misdemeanor crime of domestic violence)  
   

• 18 USC § 922 (g)(8), possession of a firearm while subject to a domestic violence protective order

Based on the Working Group’s guidance, in FY 2020, U.S. Attorneys’ Offices nationwide brought 337 domestic violence felon-in-possession charges, 54 possession while subject to a protective order charges, and 142 possession by a prohibited person charges.

For more information on domestic violence or to get help, visit the National Domestic Violence Hotline website or call 1-800-799-SAFE (7233).             

RELEASE NUMBER:    2020-083_Domestic Violence

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TUCSON, Ariz. – On October 6, 2020, Kevin Cummings, 51, of Tucson, Arizona, was sentenced by U.S. District Judge Rosemary Marquez to six months in prison. The court also ordered Cummings to pay $305,371.20 in restitution to the Social Security Administration (SSA) and a $200,000 fine. Cummings must surrender to serve his prison sentence on January 7, 2021. Cummings previously pleaded guilty to Providing a False Statement Related to Social Security.

“Yet another example of someone trying to defraud the system, this time stealing benefits intended for the disabled,” said United States Attorney Michael Bailey. “Thanks to our partners at the Social Security Office for putting the time and resources into investigating this matter.”

In his plea agreement, Cummings, admitted that in February 2003 he began to collect disability benefits from the SSA. In 2006, the SSA discovered that Cummings received employee wages during 2005 and 2006 while he also collected disability. When the SSA inquired about the wages, Cummings admitted that he caused one of his employees, on multiple occasions, to make false representations concerning his employment status with his plumbing companies. Cummings also admitted that he concealed from the SSA that he was working, while continuing to collect disability benefits from 2005 through January 2014. Cummings’ dishonesty resulted in a loss to the SSA totaling approximately $305,371.20. 

“My office will continue to hold accountable those who defraud the Social Security Administration,” said Gail S. Ennis, Inspector General of Social Security. “I want to thank the U.S. Attorney’s Office for its support of our investigation and its efforts to bring this individual to justice and recover these funds for SSA.”

The Social Security Office of Inspector General, under the supervision of Special Agent-in-Charge Robb Stickley, San Francisco Field Division, conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

Cummings Plea Agreement

CASE NUMBER:            CR-17-00518-TUC-RM (JR)       
RELEASE NUMBER:    2020-082_Cummings

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TUCSON, Ariz. – Last week, the United States Attorney’s Office for the District of Arizona filed an amended Notice of Intent to seek the death penalty against Ryan Phillip Schlesinger.

On November 29, 2018, deputies with the United States Marshals Wanted Task Force attempted to serve a felony arrest warrant on Schlesinger for allegedly stalking a Tucson police officer. As agents were trying to serve the warrant on Schlesinger at his Tucson residence, he began shooting at the officers, striking and killing a Deputy United States Marshal. After a standoff with law enforcement that lasted about an hour, Schlesinger was taken into custody.

In December 2018, Schlesinger was indicted on 13 counts, including First Degree Murder of a Federal Officer and Using a Firearm During and in Relation to a Crime of Violence Resulting in Death, both of which carry a possible sentence of death. On September 30, 2020, the United States Attorney’s Office filed a superseding indictment against Schlesinger. Schlesinger is set to be arraigned on the superseding indictment on October 22 before Magistrate Judge D. Thomas Ferraro.

The Federal Bureau of Investigation is investigating this matter. Assistant United States Attorneys Erica Seger and Sarah Houston, District of Arizona, Tucson, are handling the prosecution.

The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.

NOI to Seek Death Penalty for Schlesinger

CASE NUMBER:            CR-18-02719-TUC-RCC (BGM)
RELEASE NUMBER:    2020-080_Schlesinger NOI

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TUCSON, Ariz. – Today, Jocelyn Lopez-Sanchez, 23, of Tucson, Arizona, was sentenced by U.S. District Court Judge Frank R. Zapata to two concurrent sentences of 12 years in prison, followed by three years of supervised release. Lopez-Sanchez previously pleaded guilty to distribution of fentanyl resulting in death and importation of fentanyl resulting in death.

On November 1, 2018, Lopez-Sanchez provided several blue “M-30” pills to individuals at a party in Tucson, one of whom died. Evidence showed that Lopez-Sanchez brought the pills into the United States from Mexico the day before the party in Tucson.

The Tucson Police Department and the Drug Enforcement Administration investigated this case. Assistant U.S. Attorney Stefani Hepford, District of Arizona, Tucson, handled the prosecution.

Lopez-Sanchez Plea Agreement

CASE NUMBER:            19-CR-01166-FRZ-LAB
RELEASE NUMBER:    2020-081_Lopez-Sanchez

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PHOENIX, Ariz.  – United States Attorney Michael Bailey today announced over $4.1 million in Department of Justice grants to improve public safety, serve victims of crime and support youth programs in tribal communities in Arizona.

“American Indian and Alaska Native communities experience rates of violent crime and domestic abuse that are among the highest in the nation,” said Attorney General William P. Barr. “The awards announced today underscore the Department of Justice’s deep commitment to improving public safety in tribal communities throughout the United States. This administration will continue to work closely with our tribal partners to guarantee that they have the resources they need to combat violence and bring criminals to justice.”

A total of more than $103 million is being awarded to tribes across the country under the Justice Department’s Coordinated Tribal Assistance Solicitation. CTAS supports activities that enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by the Department’s Office of Justice Programs ($41.5 million), Office on Violence Against Women ($39.1 million) and Office of Community Oriented Policing Services ($22.5 million).

An additional $113 million is being awarded to 133 applicants nationwide under the Tribal Victim Services Set-Aside Program. This program, managed by OJP’s Office for Victims of Crime, is designed to help tribes develop, expand and improve services to victims of crime and promote other public safety initiatives.

“Public safety officials and victim service providers in Indian country face exceptional challenges, but they bring to their work an extraordinary array of skills and resources that enable them to meet and overcome any obstacle,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is proud to help fulfill Attorney General Barr's strong commitment – and the federal government's long-standing responsibility – to our tribal partners in the matter of their citizens' safety and wellbeing.”

In addition to the CTAS and Tribal Victim Services Set-Aside awards, the Office on Violence Against Women is making additional tribal awards of more than $31 million to support a wide range of efforts to address the crimes of domestic violence, dating violence, sexual assault, stalking and human trafficking.

“OVW’s funding supports Native American and Alaska Native communities as they work across their communities to prevent and respond to gender based violence,” said OVW Principal Deputy Director Laura L. Rogers. “These awards represent the strong commitment that OVW has made to help protect the most vulnerable members of tribal communities.”

Additional awards to support tribal public safety efforts are being made by OJP and the COPS Office. These grants will provide community policing training and other training and technical assistance. Awards will also address the needs of tribal youth, fund tribal reentry efforts, help tribes combat substance abuse and manage sex offenders, and support tribal research. In addition, funds support efforts in 17 tribal communities to address the challenges posed by the outbreak of COVID-19.

“Ensuring our nation’s tribal communities have the resources they need is paramount for the COPS Office and the Department of Justice,” said COPS Office Director Phil Keith. “These awards are a critical component to the overall public safety strategy for tribal law enforcement and the COPS Office is honored to provide vital resources to hire more sworn officer positions, advance tribal training and procure equipment needed to keep communities safe.”

The following organizations in the District of Arizona received funding:

• Fort Mojave Indian Tribe (COPS) - $893,450
• Hualapai Detention and Rehabilitation Center (OVW) - $900,000
• Salt River Pima Maricopa Indian Community (COPS) - $894,463
• San Carlos Apache Tribe (OJJDP) - $400,000
• The Hopi Tribe (OVW) - $900,000
• Yavapai-Prescott Indian Tribe (COPS) - $158,700

A full listing of all the announced CTAS awards is available here.

A full listing of all Tribal Victim Services Set-Aside Program awards is available here.

RELEASE NUMBER:    2020-077_Public Safety Grants

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PHOENIX, Ariz. – U.S. Attorney Michael Bailey this week announced over $2.3 million in Department of Justice grants to reduce recidivism among adults and juvenile offenders returning to their communities in the District of Arizona after confinement. The grants, awarded by the Department’s Office of Justice Programs, are part of more than $92 million in funding to support reentry efforts throughout the United States.

These awards represent President Trump’s commitment to assisting people in America’s prisons and detention facilities who have earned the opportunity to take their places back in society.

“Former offenders are ultimately responsible for their own successes and failures, but our criminal and juvenile justice systems have an important role to play in preparing them for the obstacles that lie before them,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “I’m very pleased to make these resources available to help them get back on their feet and contribute to the prosperity of their communities and the betterment of our nation.”

The reentry and recidivism reduction grants awarded will help communities develop and implement comprehensive strategies to address the challenges posed by reentry and recidivism; support reentry services for detained juveniles and incarcerated parents with children under the age of 18; and support research and evaluation programs to advance understanding about reoffending.

The following organizations in Arizona received funding:

• Arizona Department of Correction, Rehabilitation Reentry - $1,873,822
• Navajo Nation Judicial Branch - $500,000

​​For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/reentryfactsheet.pdf.

More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER:    2020-076_Reentry Grants

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. – United States Attorney Michael Bailey today announced $1.5 million in Department of Justice grants to combat elder abuse and financial fraud targeted at seniors across the Arizona. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of over $9 million in funding to support these efforts throughout the United States. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. Attorney General William P. Barr announced the awards on the 30th anniversary of the International Day of Older Persons.

“Predators who target older citizens for fraud, financial scams and physical abuse are particularly despicable, turning the golden years of our nation’s seniors into a period of poverty and suffering,” said Attorney General William P. Barr. “The Department of Justice is taking aggressive action, pursuing all legal avenues to bring these criminals to justice and supporting law enforcement officials and service providers as they ferret out scam artists, arrest abusers, and bring aid and relief to victims.”

Under the direction of Attorney General Barr, the Department of Justice is attacking elder fraud and abuse from all sides. A National Elder Justice Coordinator oversees the department’s work to combat elder fraud, and each of the 94 U.S. Attorneys’ Offices has a prosecutor dedicated to addressing elder justice issues. This past March, the Attorney General announced the results of the largest elder fraud sweep ever conducted, with prosecutors charging more than 400 defendants and the charged elder fraud schemes causing alleged losses of over a billion dollars. Also in March, he launched a national initiative to pursue nursing homes that provide grossly substandard care and a National Elder Fraud Hotline managed by OJP’s Office for Victims of Crime.

“With lockdowns in place across the country, older adults are especially vulnerable to fraud, neglect and abuse, and criminals have not hesitated to take full advantage,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants, which build on previous Department of Justice investments, will help to turn the tide of deception and predation and restore victims to fiscal security and physical safety.”

The following organizations received funding in the District of Arizona:

• Apache Behavioral Health Services, Inc. - $499,252
   
• Arizona Board of Regents on behalf of ASU - $1,035,328

More information about OJP and its components can be found at www.ojp.gov.

RELEASE NUMBER:    2020-079_Elder Fraud and Abuse Grants
 

TUCSON, Ariz. – Last week, Merrell Derek Steve Felix, 40, of Tucson, Arizona, was sentenced by U.S. District Judge Jennifer G. Zipps to 46 months in prison. Felix previously pleaded guilty to Assault by Strangulation committed on the Tohono O’odham Indian Reservation.

On October 6, 2017, near Sells, Arizona, Felix, an enrolled member of the Tohono O’odham Nation, assaulted his girlfriend by strangling her. The investigation began after United States Border Patrol agents encountered Felix and the victim at an immigration checkpoint on Highway 86 just outside of Sells. A Border Patrol agent noticed that the victim had been crying and inquired about her well-being. Felix told the agents that the victim was fine, but the victim mouthed the word, “help.” The victim had visible bruising on her neck and face, and later told law enforcement that Felix had strangled her with both of his hands and a lanyard. The victim is also an enrolled member of the Tohono O’odham Nation.  

The Tohono O’odham Police Department, with the assistance of the Federal Bureau of Investigation, conducted the investigation into this matter. Assistant United States Attorney Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-19-1089-TUC-JGZ
RELEASE NUMBER:    2020-078_Felix

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PHOENIX, Ariz. – On Friday, Christopher Daniel Jones, 26, of Camp Verde, Arizona, was sentenced by United States District Judge Michael T. Liburdi to 105 months in federal prison, followed by three years of supervised release. Jones previously pleaded guilty to Carjacking on February 26, 2020.

On July 27, 2019, Jones, an enrolled member of the Gila River Indian Community and a convicted sex offender, snuck into the victim’s parked van at a gas station located on the Yavapai-Apache Nation. When the victim returned to the van, Jones was hiding in the back.  Wielding a knife, Jones moved toward the front of the van and forced the victim to drive, holding the knife to the victim’s body. The victim jumped out of the van, and Jones drove it away, resulting in a law enforcement pursuit that ended with Jones’s apprehension about 75 miles away. Investigation revealed that Jones had an active warrant, was on supervised release in two separate Failure to Register as a Sex Offender cases, and had recently escaped from Behavioral Systems Southwest.    

The investigation in this case was conducted by the Yavapai-Apache Nation Police Department, the Phoenix Police Department, and the United States Marshals Service. The prosecution was handled by Christina Covault and Kiyoko Patterson, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-19-8265-PHX-MTL 
RELEASE NUMBER:    2020-075_Christopher Jones

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

301 individuals were charged in August with illegal reentry

A.  196 of those 301 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

     Of the 196 individuals with non-immigration criminal records:

1.  29 had violent crime convictions, including:

2 individuals had homicide convictions
4 individuals had sex offense convictions
9 individuals had domestic violence convictions

2.  14 had property crime convictions

3.  44 had DUI convictions

4.  99 had drug crime convictions

B.  153 of those 196 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         24 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.

*The Department of Homeland Security instituted a policy in late March 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:    2020-074_August Immigration and Border Crimes Report

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PHOENIX, Ariz. – Gregory McClure, 42, of Willcox, Arizona, was sentenced today by United States District Court Judge G. Murray Snow to just over six months in prison, followed by six months of home detention. After serving home detention, McClure must serve three years of supervised release. McClure was also ordered to pay $1,339,252.69 in restitution. 

Last year, McClure pleaded guilty to embezzling funds from bank accounts owned by Boomtown Management, Inc., an enterprise that owned and operated various restaurants associated with popular music artists throughout the United States. Using his access as Boomtown’s in-house attorney, McClure took money from Boomtown bank accounts in order to gamble at local casinos. 

Internal Revenue Service-Criminal Investigation conducted the investigation in this case. Assistant United States Attorney Monica Edelstein, District of Arizona, Phoenix, handled the prosecution. 

CASE NUMBER:                   CR-19-00051-PHX-GMS
RELEASE NUMBER:           2020-073_McClure

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PHOENIX, Ariz. – Last week, UCXtra Umbrella, LLC, was sentenced by U.S. District Judge Michael T. Liburdi and ordered to pay $12,500,000 in restitution. UCXtra Umbrella, LLC, had previously pleaded guilty to health care fraud and engaging in monetary transactions derived from unlawful activity. 

     UCXtra Umbrella, LLC, which did business in Arizona under the name “Urgent Care Extra,” owned and operated a network of more than 30 urgent care centers, primarily in the Phoenix and Tucson areas.  From 2012 through 2016, more than one million patient visits occurred at UCXtra clinics in Arizona. 

     As part of its guilty plea, UCXtra admitted that it intentionally created patient care practices and billing procedures that caused its providers and staff to overstate the complexity of the medical services provided to patients and claim falsely inflated reimbursement rates from health insurance companies.  UCXtra also admitted that it encouraged providers and staff to order tests and procedures that may not have been medically necessary to justify higher billing codes and obtain higher reimbursement rates.  The estimated loss to health insurance companies caused by UCXtra’s health care fraud scheme is $12,500,000.      

     “Greed-driven schemes like this one drive up health care costs and hurt all Americans,” said United States Attorney Michael Bailey. “This excellent investigation by the FBI and IRS will send a clear message to health care providers that fraudulent billing will be held to account.”

     The Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation conducted the investigation.  Assistant United States Attorneys Peter Sexton and Bridget Minder handled the prosecution. 

The United States has seized “Aletejahtv.com” and “Aletejahtv.org,” two websites, which were unlawfully utilized by Kata’ib Hizballah, a Specially Designated National and a Foreign Terrorist Organization.

“Once again we see designated foreign terrorist organizations turning to the internet to push their message and recruit followers for their violent causes,” said John Demers, Assistant Attorney General for National Security.  “We will continue to fight terror recruitment and propaganda efforts in the digital world, as we do elsewhere.” 

“Our system of commerce and our infrastructure, whether physical or electronic, is to be used by lawfully,” said U.S. Attorney Byung J. “BJay” Pak for the Northern District of Georgia.  “We will not allow groups that have been rightfully prohibited from obtaining goods and services in the United States to use our internet services – especially to further their terrorist agenda.  This seizure underscores national collaboration and a commitment to protecting our commerce and infrastructure.”

“The District of Arizona is home to many successful technology companies whose goods and services are capable of being used by individuals across the world,” said U.S. Attorney Michael Bailey for the District of Arizona.  “We will not allow members of terrorist organizations to illegally use those goods and services to further their propaganda and agenda.”

“The National Security of the United States is, and will always be, the top priority for the Bureau of Industry and Security’s Office of Export Enforcement.  Attempts to surreptitiously utilize U.S. based online networks and services to promote Iran backed terrorist propaganda will immediately be disrupted, disabled, and seized,” said P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce.  “The Bureau of Industry and Security is committed to ensuring the stability of the Iraqi government and protecting our troops and Allied Forces against terrorist acts of violence”

On July 2, 2009, the U.S. Secretary of Treasury designated Kata’ib Hizballah, an Iran-backed terrorist group active in Iraq, as a Specially Designated National for committing, directing, supporting, and posing a significant risk of committing acts of violence against Coalition and Iraqi Security Forces.  On the same day, the U.S. Department of State designated Kata’ib Hizballah as a Foreign Terrorist Organization for committing or posing a significant risk of committing acts of terrorism.

“Aletejahtv.com” and “Aletejahtv.org,” acted as Kata’ib Hizballah’s media arm and published internet communications such as videos, articles, and photographs.  These communications included numerous articles designed to further Kata’ib Hizballah’s agenda, particularly destabilizing Iraq and recruiting others to join their cause.  They also functioned as a live online television broadcast channel, “Al-etejah TV.”  Portions of the communications expressly noted that they were published by Kata’ib Hizballah.

Federal law prohibits designated entities like Kata’ib Hizballah from obtaining or utilizing goods or services, including website and domain services, in the United States without a license from the Office of Foreign Assets Control.  “Aletejahtv.com” and “Aletejahtv.org” are domain names that are owned and operated by a United States company based in Scottsdale, Arizona.  Kata’ib Hizballah did not obtain a license from the Office of Foreign Assets Control prior to utilizing the domain names.

On August 31, 2020, pursuant to a seizure warrant, the United States seized “Aletejahtv.com” and “Aletejahtv.org.”  Visitors to the site received the following message:

This seizure was investigated by the Department of Commerce, Bureau of Industry and Security.

Assistant U.S. Attorneys from the Northern District of Georgia, Assistant U.S. Attorneys from the District of Arizona, and trial lawyers from the Department of Justice National Security Division prosecuted the seizure.

For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.