District of Arizona
Press releases recorded for this federal judicial district.
Phoenix Tax Preparer Sentenced to 12 Months Imprisonment for Preparing Fraudulent Tax ReturnsRead the Press Release
PHOENIX – On Jan. 23, 2015, Margaret Nicole Hall, 40, of Phoenix, Ariz., was sentenced by U.S. District Judge David G. Campbell to 12 months and one day of imprisonment. Hall was also ordered to pay $92,937 in restitution to the Internal Revenue Service. On Oct. 20, 2014, Hall pleaded guilty to one count of obstructing or impeding the administration of internal revenue laws and one count of aiding or assisting preparation or presentment of a fraudulent or false return.
According to her plea agreement, Hall owned and operated a tax return preparation service known as Taxes R Us which was located in Phoenix, Ariz. During an Internal Revenue Service civil audit proceeding, Hall falsely represented that this client received income from self-employment and that the client received tip income. Hall also knowingly provided fabricated lease documents and fabricated rental receipts to the Internal Revenue Service as purported substantiation for items claimed in the false tax returns that Hall had prepared for her client.
Additionally, Hall prepared a Federal income tax return that fraudulently stated the taxpayer's purported wages, purported business income, and tips.
The investigation in this case was conducted by the Internal Revenue Service Criminal Investigation. The prosecution was handled by Frank Galati, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-00418-PHX-DGC
RELEASE NUMBER: 2015-007_Hall
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Former U.S. Border Patrol Agent Sentenced to 2 Years in PrisonRead the Press Release
FORMER U.S. BORDER PATROL AGENT SENTENCED TO 2 YEARS IN PRISON
TUCSON, Ariz. – Today, former U.S. Border Patrol Agent Raimundo Borjas, 41, of Douglas, Ariz., was sentenced to two years in prison by U.S. District Court Judge Jennifer G. Zipps, for conspiracy to commit money laundering. Judge Zipps also entered an order forfeiting $28,100 of the funds Borjas attempted to launder and entered a money judgment against Borjas for an additional $9,720, which represented Borjas’s profit from the offense. Borjas pleaded guilty on Aug. 1, 2014.
On Feb. 24, 2010, Borjas opened a personal checking account at Southeastern Arizona Federal Credit Union in Douglas, Ariz. Borjas deposited into the account cash that was dirty, frayed, and had holes in it (“mutilated cash”), totaling $61,600.
Borjas received the $61,600 in mutilated cash, which he believed was drug proceeds, from “Rigo.” Borjas and Rigo agreed that Borjas would deposit the mutilated cash, withdraw useable cash in the same amount, and delivered it back to Rigo. For his participation in this scheme, Borjas received 30% of the money he laundered.
During this period, Borjas withdrew $32,400 of the money in useable, clean bills and returned it to Rigo, receiving $9,720 as payment. Borjas was unable to withdraw the remaining $28,100 because the United States seized those funds.
The investigation is this case was conducted by the Cochise Border Corruption Task Force, which consists of agents from the Federal Bureau of Investigation, U.S. Department of Homeland Security Office of Inspector General, Customs and Border Protection Internal Affairs, and Internal Revenue Service Criminal Investigation, with assistance from the U.S. Department of Homeland Security Immigration and Customs Enforcement and the Douglas Police Department. The prosecution was handled by Mary Sue Feldmeier, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR- 13-cr-00620-TUC-JCZ
RELEASE NUMBER: 2015-006_ Borjas
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Pinetop Man Sentenced to 10 Years for AssaultRead the Press Release
Public Affairs
COSME LOPEZ
Telephone: 602.514.7694
Mobile: 602.686-8614
[email protected]
WWW.JUSTICE.GOV/USAO/AZPINETOP MAN SENTENCED TO 10 YEARS FOR ASSAULT
PHOENIX – On Jan. 12, 2015, Lloyd Tito Burnette, Jr., 33, of Pinetop, Ariz., was sentenced by U.S. District Judge Paul G. Rosenblatt to 10 years’ imprisonment. Burnette pleaded guilty on Oct. 6, 2014, to assault resulting in serious bodily injury.
Burnette, a member of the White Mountain Apache Tribe, took his victim to a remote area of the Fort Apache Indian Reservation and assaulted her. As a result, the victim sustained serious bodily injuries.
The investigation was handled by the Bureau of Indian Affairs and the Federal Bureau of Investigation. The prosecution was handled by Dimitra H. Sampson and Rachel Stoddard.
CASE NUMBER: CR-13-8109-PCT-PGR
RELEASE NUMBER: 2015-005_Burnette# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Gila River Man Sentenced to 18 Years in Prison for MurderRead the Press Release
Public Affairs
COSME LOPEZ
Telephone: 602.514.7694
Mobile: 602.686-8614
[email protected]
WWW.JUSTICE.GOV/USAO/AZGILA RIVER MAN SENTENCED TO 18 YEARS IN PRISON FOR MURDER
PHOENIX – On Jan. 12, 2015, Christian Kisto Vela, 22, a member of the Gila River Indian Community, was sentenced by U.S. District Judge Diane Humetewa to 216 months in prison. Vela pleaded guilty on Oct. 14, 2014, to second degree murder.
On April 12, 2014, the defendant shot the victim to death outside a home in Bapchule, Arizona.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan and Melissa Karlen, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-14-00583-PHX-DJH
RELEASE NUMBER: 2015-04_Vela# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Last Defendant Sentenced in Drug Trafficking and Violent Crime Sweep on and Near the Yavapai-apache Indian ReservationRead the Press Release
PHOENIX – On Jan. 5, 2015, almost 20 months following a large drug and violent crime sweep on and near the Yavapai-Apache Indian Reservation, the last of 22 defendants was sentenced in federal district court. Raul Valdez Hernandez, 55, of Seligman, Ariz., was sentenced by U.S. District Judge David G. Campbell to 10 years imprisonment for distributing methamphetamine. A list of related court numbers appear below.
This coordinated multi-agency community impact initiative spanned over a year and resulted in the successful prosecution of 22 defendants, several are active members of the Yavapai-Apache Indian Reservation, for various charges, including drug trafficking and firearms violations, as well as assault and domestic violence related charges. The individual sentences ranged from time served with supervised release up to 15 years imprisonment.
The investigation was led by the Federal Bureau of Investigation’s Northern Arizona Safe Streets Task Force, Yavapai County’s Partners Against Narcotics Traffickers (P.A.N.T.), and the Yavapai-Apache Tribal Police Department. Significant assistance was provided by the U.S. Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBERS: CR-13-8066-PCT-DGC
CR-12-8258-PCT-GMS
CR-12-8259-PCT-JAT
CR-13-8054-PCT-PGR
CR-13-8055-PCT-NVW
CR-13-8056-PCT-GMS
CR-13-8057-PCT-GMS
CR-13-8058-PCT-PGR
CR-13-8059-PCT-DGC
CR-13-8060-PCT-NVW
CR-13-8061-PCT-PGR
CR-13-8062-PCT-DGC
CR-13-8063-PCT-DGC
CR-13-8065-PCT-NVW
CR-13-8066-PCT-DGC
CR-13-8067-PCT-GMS
CR-13-8068-PCT-PGR
CR-13-8069-PCT-NVW
CR-13-8070-PCT-GMS
CR-13-8118-PCT-DGC
CR-13-8119-PCT-NVW
CR-13-8120-PCT-DGC
CR-13-8121-PCT-DGCRELEASE NUMBER: 2015-002_Hernandez et al.
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Gila River Man and Woman Sentenced to Prison for Lying to the Grand JuryRead the Press Release
PHOENIX – On Jan. 5, 2015, Logan Keenan Brown, 21, of Chandler, Ariz., was sentenced by U.S. District Judge Diane Humetewa to 40 months in prison, having previously plead guilty to the offense of making a false declaration before a grand jury. On Dec. 8, 2014, Georgina Holguin, 44, of Bapchule, Ariz., was sentenced by U.S. District Judge Douglas Rayes to 24 months in prison for a false declaration in front of the same grand jury.
As part of an investigation of an Aug. 29, 2013 shooting of a man at the home of Holguin on the Gila River Indian Community, both defendants were called to testify before the grand jury and asked who was at the house at the time of the shooting. Both defendants intentionally lied to the grand jury in their responses.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Gila River Police Department. The prosecution was handled by Raynette Logan and Melissa Karlen, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-14-00502-PHX-DJH and CR-14-00503-PHX-DLR
RELEASE NUMBER: 2015-001_Brown et alFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.72 Year-old Defendant Sentenced to Prison for Fraud Scheme and Attempt to Hack into Bank’s Computer SystemRead the Press Release
TUCSON, Ariz. – On Jan. 5, 2015, U.S. District Court Judge James A. Soto sentenced Howard Dennis Barnes, age 72, to 72 months in federal prison. Barnes had previously pleaded guilty to charges of mail fraud and attempted fraud in connection with computers, both felonies.As part of his scheme, Barnes offered real property that he did not own for sale over the internet using Craigslist. In exchange for payment from an unsuspecting buyer, Barnes would impersonate the real owner of the property, forge a deed purporting to transfer the property to the buyer, and mail the fraudulent deed to the buyer. Barnes also forged a will that purported to transfer one of his victim’s estates to others who were not the valid heirs.
Barnes also attempted to steal confidential financial information from an entity that he believed was a bank. Barnes provided an undercover agent, posing as a bank employee, a thumb drive that contained a secret computer program or a Trojan that Barnes believed would be capable of allowing him to gain unauthorized access to the account holders of the bank’s computer system. Barnes admitted he committed such act so he could unlawfully obtain money from the bank’s customers without their knowledge.
The investigation in this case was conducted by the United States Secret Service, United States Postal Inspection Service, Bureau of Alcohol Tobacco, Firearms, and Explosives, and the Tucson Police Department. The prosecution was handled by the U.S. Attorney’s Office, District of Arizona, Tucson.
CASE NUMBER: CR-13-567-TUC-JAS (DTF)
RELEASE NUMBER: 2015-003_BarnesFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Defense Contractor Sentenced to 6 Months in Prison for Manufacturing Defective Aircraft Parts and Falsifying Safety RecordsRead the Press Release
PHOENIX – On Dec. 22, 2014, U.S. District Court Judge Diane J. Humetewa sentenced Malcom Robert Markson, 45, of Peoria, Ariz., to six months in prison. Markson previously pleaded guilty to the crimes of fraud involving aircraft parts and obstruction of federal investigation.
U.S. Attorney John S. Leonardo stated, “The U.S. Attorney’s Office is committed to aggressively prosecuting fraud by defense contractors, particularly when that fraud endangers members of our military.”
“Our men and women in combat deserve equipment that meets critical safety and performance requirements,” said Special Agent in Charge Janice M. Flores of the Defense Criminal Investigative Service (DCIS) Southwest Field Office. “This case demonstrates that the DCIS, along with our law enforcement partners, will aggressively pursue cases where contractors knowingly provide defective equipment that puts the safety of American military service members at risk.”
Hector Sanchez, the Special Agent in Charge of the Air Force Office of Special Investigations, Procurement Fraud Office, Southwest Region, stated: “AFOSI is committed to supporting the warfighter and ensuring that those who unlawfully defraud members of the armed services are held accountable. Successful prosecution of this case exemplifies collaborative efforts between AFOSI, DCIS, and Department of Justice partners in the fight against fraud waste and abuse.”
Markson is the former owner of Action Machine, LLC, a Phoenix-based defense contractor. Between 2009 and 2012, Markson obtained a series of contracts on behalf of Action Machine to manufacture wing pins for the Department of Defense. Wing pins are critical safety parts that are used to secure the wings of F-15 fighter aircraft. The contracts contained detailed design specifications that required Action Machine to use a particular type of hardened steel when manufacturing the wing pins and to subject the wing pins to a particular safety inspection process. Based on these contracts, Markson manufactured and shipped a total of 212 wing pins to the Department of Defense and supplied certification forms verifying that the wing pins met all of the design specifications. In fact, these certifications were false - some of the wing pins were made with the wrong type of steel and some had not been subjected to the required safety testing.
In 2013, the Department of Defense discovered that the wing pins supplied by Action Machine might be defective. (This discovery occurred before any accidents or injuries occurred.) Based on this discovery, auditors were dispatched to Phoenix to interview Markson and inspect Action Machine’s books and records. During this process, Markson supplied auditors with a document that appeared to show that a third-party testing company had conducted all of the necessary safety testing on the wing pins. In fact, this document was a forgery created by Markson.
The investigation in this case was conducted by the Defense Criminal Investigative Service. The prosecution was handled by Dominic Lanza, Assistant U.S. Attorney, District of Arizona.
CASE NUMBERS: CR-14-1152-PHX-DJH
RELEASE NUMBER: 2014-077_MarksonFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Three Colorado River Indian Tribes (crit) Tribal Members Sentenced to Federal Prison for RobberyRead the Press Release
PHOENIX – On Dec. 17, 2014, Aaron Keith Drennan, 21, of Parker, Ariz., was sentenced by Judge Roslyn O. Silver to 57 months in prison, followed by three years of supervised release. Drennan previously pleaded guilty to robbery.
On Dec. 15, 2014, co-defendant, Mickey Roy Anderson, Sr., 26, of Parker, Ariz. was sentenced by U.S. District Judge Roslyn O. Silverto 60 months in prison, followed by three years of supervised release, and co-defendant Joshua Ryan Mike, Sr., 22, of Parker, Ariz., was sentenced to 60 months in prison to run consecutive to the 21-month sentence imposed in CR-14-0758-PHX-ROS. Co-defendants Anderson and Mike also previously pleaded guilty to robbery. Mike also pleaded guilty to assault resulting in serious bodily injury in another case before U.S. District Judge Roslyn O. Silver.
According to court documents, on March 9, 2014, Drennan, Anderson, and Mike were being housed as inmates in a community cell at the Colorado River Indian Tribes Adult Detention Center. The victim, a detention officer at the facility, opened their cell door to drop off laundry and was assaulted by Mike. As Mike assaulted the detention officer, Drennan and Anderson took the victim’s cell phone and the keys to the detention facility, and all three subsequently fled from the facility.
According to the plea agreement in Mike’s assault case, on March 1, 2014, Mike assaulted another inmate at the La Paz County Jail by striking him repeatedly in the face causing the victim to sustain serious bodily injury, which included fractures to the cheekbones and jaw.
The investigation in these cases was conducted by the Federal Bureau of Investigation, the Colorado River Indian Tribes Police Department, and the La Paz County Sheriff’s Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.CASE NUMBERS: CR-14-0370-PHX-ROS and CR-14-0758-PHX-ROS
RELEASE NUMBER: 2014-076_Drennan et al.For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Navajo Man Sentenced to 14 Years Imprisonment for Child AbuseRead the Press Release
PHOENIX – On Dec. 15, 2014, Pernell Corna Sam, 38, of Chinle, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 168 months imprisonment followed by five years of supervised release. Sam pleaded guilty on Aug. 14, 2014, to one count of assault on a child resulting in serious bodily injurySam’s co-defendant, Shonya Sam, also pleaded guilty to one count of assault on a child resulting in serious bodily injury, and was sentenced to 168 months imprisonment on July 1, 2014.
Between Jan. 7 and Jan. 11, 2013, Pernell Sam and Shonya Sam, both members of the Navajo Nation, physically abused a seven-year old relative resulting in serious injuries. The victim was hospitalized and continues to undergo therapy as a result of her injuries.
The investigation in this case was conducted by the Navajo Nation Department of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Sharon Sexton and Tracy Van Buskirk, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-13-8020-PCT-DLR
RELEASE NUMBER: 2014-075_SamFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Oklahoma Man Sentenced to 84 Months for Threatening to Kill Sheriff Joseph Arpaio with A BombRead the Press Release
PHOENIX – Gregory Lynn Shrader, 56, of Jay, Okla., was sentenced to 84 months of imprisonment by Judge Neil V. Wake, on Dec. 16, 2014. Shrader had been convicted by a federal jury on Sept, 11, 2014, for willfully making a threat to kill Sheriff Joe Arpaio by means of an explosive, transport of explosive material with the intent to intimidate Sheriff Arpaio, mailing injurious articles, and possession of explosive material by a prohibited possessor.
The evidence at trial showed that Shrader constructed an improvised explosive device that had the appearance of a functioning explosive containing working components and explosive smokeless powder. Shrader addressed a package containing the device to Sheriff Arpaio, with a return address belonging to a former business partner. Shrader deposited his package in a remote Flagstaff collection box on April 10, 2013.
Additionally, the evidence at trial showed that Shrader threatened to kill Sheriff Arpaio with a mail bomb as an act of revenge hoping that law enforcement would take the threat seriously and investigate his former business partner.
The investigation in this case was conducted by the United States Postal Inspection Service and the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorneys Raymond K. Woo and Paul Stearns.CASE NUMBER: CR-14-0355-PHX-NVW
RELEASE NUMBER: 2014-074_Shrader
# # #For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Four Sentenced in Federal Student Aid Fraud RingRead the Press Release
PHOENIX – Jardon Laforcarde, 28, of Phoenix, was sentenced by U.S. District Judge Susan Bolton to 30 months’ imprisonment, followed by three years of supervised release, for his role in a federal student aid fraud ring that included three others. Laforcarde pleaded guilty to charges of conspiring to defraud the U. S. Department of Education of $369,589 in student aid funds. The three other participants pleaded guilty to the same conspiracy and were also recently sentenced: Ramon Meneses, 25, of Phoenix, received 54 months’ imprisonment, followed by three years of supervised release; his wife, Bobbie Robertson-Meneses, 31, of Phoenix, received five years of probation with 12 months of home incarceration; and Dorothy Taylor, 50, of Phoenix, received 24 months’ imprisonment, followed by three years of supervised release.
“Federal student loan programs are seriously undermined every year by fraudulently-obtained student aid funds,” said John S. Leonardo, United States Attorney for the District of Arizona. “The prison sentences imposed in this case reflect the seriousness of the offenses committed by these fraud rings and should serve as a warning to others who are contemplating the same type of fraudulent activity.”
Laforcarde, Meneses, Robertson-Meneses, and Taylor all conspired to enroll fictitious students in online college courses and submit fraudulent online applications for federal student aid in the names of those fictitious students. Laforcarde and Meneses, who were serving sentences in state prison at the time, obtained the personal identifying information of other prison inmates whose identities could then be used as the fictitious students. Robertson-Meneses and Taylor, who both have prior convictions but were not in prison at the time, used that information to complete the on-line enrollment forms. The fictitious students were awarded $369,589 in federal loan funds and Pell grants, and $254,891 was disbursed before the fraud was detected and stopped. The funds went to Robertson-Meneses and Taylor, who shared them with Laforcarde and Meneses. All four were ordered to pay restitution to the U.S. Department of Education.
The investigation in this case was conducted by the Department of Education, Office of Inspector General. The prosecution was handled by Monica Klapper, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-0291-PHX-SRB
RELEASE NUMBER: 2014-073_ Laforcarde et alFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Scottsdale Man Sentenced to 18 Months in Prisonfor Standby Letter of Credit SchemeRead the Press Release
PHOENIX – J’Sean Claude Butierries, 51, of Scottsdale, Ariz., was sentenced by U.S. District Judge Neil V. Wake to 18 months of imprisonment, followed by three years of supervised release, on wire fraud and money laundering charges. Butierries pleaded guilty in September to defrauding investors out of hundreds of thousands of dollars by selling fraudulent investments and then using that money to buy expensive cars and other luxury items for himself and family members.
“The very large, short-term gains that Butierries falsely claimed he could produce were unreasonable, and the public should be wary of such claims made by anyone,” said U.S. Attorney John S. Leonardo. “Butierries said he could deliver these gains by trading standby letters of credit, which do not exist, and the United States Attorney’s Office warns the public to stay away from financial predators who make these claims.”
Butierries owned and operated a company called Chenise International, Ltd., through which he offered the investors a 30%-plus return, to be paid within 15 days. Butierries, who was not licensed or registered to sell securities, claimed that he was able to engage in trading in standby letters of credit, an investment vehicle simply does not exist. This type of fraud, sometimes referred to as “prime bank investment fraud,” is marked by false claims of very large, short term gains, claims of “private” trading programs, the use of “standby letters of credit” or “proof of funds” documents, and other promises that use terms and concepts that mimic legitimate banking terms but are not themselves legitimate.
Butierries used the funds to purchase a $195,000 Audi R8 for himself, a $75,000 Audi A730 for his wife, a boat, and several motorcycles. All of the items were seized from Butierries’s home and Butierries agreed to forfeit those items as part of his plea, with funds going to reimburse investors. Butierries was ordered to pay the balance to investors in the form of restitution.
The investigation in this case was conducted by the Phoenix Division of the FBI. The prosecution was handled by Monica Klapper, Assistant U.S. Attorney, District of Arizona, Phoenix. For more information on this type of fraud, with tips on how to avoid falling prey to it, visit the FBI website at www.fbi.gov/scams-safety/fraud or the Department of Treasury website at www.treasury.gov/scams/Prime-Bank-Investment-Fraud.
CASE NUMBER: CR-14-00063-PHX-NVW
RELEASE NUMBER: 2014-072_ButierriesFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Grand Canyon River Runner Sentenced for Dumping Trash in the Colorado RiverRead the Press Release
FLAGSTAFF, Ariz. – On Dec. 1, 2014, Nels Nicholas Niemi, 75, of Haines, Alaska was sentenced by U.S. Magistrate Judge Mark E. Aspey to pay fines totaling $1,500.00, along with court costs of $966.76, and assessments of $20.00 after having been found guilty of dumping refuse into the Colorado River and illegally collecting firewood in violation of his non-commercial private rafting trip permit. The defendant was convicted after a bench trial held on Oct. 29, 2014.
United States Attorney John S. Leonardo said “this prosecution and sentence remind all users of the Colorado River that the rules and regulations designed to protect the ecosystem within the Grand Canyon National Park are important and will be vigorously enforced.”
Evidence at trial showed that Niemi was the trip leader of a 12-day non-commercial rafting trip down the Colorado River through the Grand Canyon National Park. He was apprised by National Park Staff at the outset of his trip of the requirements of his permit including that driftwood could not be collected for fires and, at the end of the trip, the group take with them all refuse, trash and garbage produced. During the course of the river trip, trash was dumped into the Colorado River on a daily basis, either by Niemi or at his direction as the trip leader, and Niemi collected driftwood, which he used to make fires each night
At sentencing, evidence was produced showing that Niemi was employed by a commercial expedition company, which advertised the company’s commitment to the “Leave No Trace Behind” principle. The Court, in imposing the fines, costs and assessments, expressed its concern that Niemi displayed complete disregard for regulations designed to protect the river ecosystem. U.S. Magistrate Judge Aspey noted, “It is clear that you chose to abide by those regulations with which you agreed, and ignored those with which you did not.” The Court noted that such an attitude was particularly dangerous given the thousands of tourists who raft the Colorado River through the Grand Canyon each year.
The investigation in this case was conducted by National Park Service. The prosecution was handled by the U.S. Attorney’s Office, District of Arizona, Flagstaff.
CASE NUMBER: CR- 3:14-po-04291-MEA
RELEASE NUMBER: 2014-071_ NiemiFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Hualapai Man Sentenced to 7 Years in Federal Prison for AssaultRead the Press Release
PHOENIX – Having previously pleaded guilty to assault resulting in serious bodily injury, DeAngelo Logen Walema, 23, of Peach Springs, Ariz. was sentenced on Dec. 1, 2014 by U.S. District Judge Steven P. Loganto 84 months in prison, followed by three years of supervised release.
According to court documents, on July 7, 2013, Walema was at the home of the victim, his former girlfriend, when he became enraged and struck the victim multiple times with his fists causing her to sustain serious bodily injury. The assault occurred in the presence of two minor children. Both, the victim and Walema are members of the Hualapai Indian Tribe.
The investigation in this case was conducted by the Hualapai Nation Police Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8217-PCT-SPL
RELEASE NUMBER: 2014-070_WalemaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Salt River Man Sentenced to 20 Years in Federal Prison for Shooting OfficersRead the Press Release
PHOENIX – On Dec. 1, 2014, Micah Sobori Moquino, 20, of Scottsdale, Ariz., a member of the Salt River Pima-Maricopa Indian Community, was sentenced by U.S. District Judge G. Murray Snow to 240 months in federal prison. Moquino pleaded guilty on Sept. 18, 2014, to one count of assault with intent to commit murder and one count of assault with a dangerous weapon.
According to court documents, on Nov. 15, 2013, Moquino shot two Salt River Police Department officers with a 9 mm semi-automatic pistol, with the intent to murder one of the officers and to cause bodily harm to the other officer.
The investigation in this case was conducted by the Salt River Police Department and the FBI. The prosecution was handled by the U.S. Attorney’s Office for the District of Arizona, Phoenix.
CASE NUMBER: CR-13-01659-PHX-GMS
RELEASE NUMBER: 2014-069_MoquinoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Registered Sex Offender Found Guilty of Sexually Abusing Two ChildrenRead the Press Release
PHOENIX – On Nov. 19, 2014, a federal jury found Roy Red Joey, 64, of Dilkon, Ariz., a member of the Navajo Nation, guilty of two counts of abusive sexual contact with a child under the age of 12 and two counts of the commission of a sex offense by a registered sex offender. The case was tried before U.S. District Judge Steven P. Logan from Nov. 13, 2014, to Nov. 19, 2014. The defendant is detained pending sentencing, which is set before Judge Logan on Jan. 28, 2015.
The evidence at trial showed that the defendant, a registered sex offender, sexually abused a nine-year-old girl and sexually abused an eight-year-old boy on the Navajo Nation.
A conviction for abusive sexual contact with a child under the age of 12 carries a maximum penalty of life imprisonment, a $250,000 fine or both. A conviction for the commission of a sexual offense by a registered sex offender carries a penalty of 10 years imprisonment consecutive to any other sentence.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Criminal Investigator’s Office. The prosecution was handled by Cassie Bray Woo and Dimitra Sampson, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8122-PCT-SPL
RELEASE NUMBER: 2014-067_JoeyFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Danny Hendon, Former Owner of Danny’s Car Wash, Sentenced to 12 Months Prison,12 Months Home Confinement for Overseeing Multi-year, Company-wide Scheme to Employ Unauthorized AliensRead the Press Release
PHOENIX– On Nov. 20 and 21, 2014, U.S. District Court Judge Neil V. Wake presided over the sentencing of 14 defendants, including Daniel Lewis “Danny” Hendon, 64, of Paradise Valley, Ariz., who once served as managers or supervisors of Danny’s Family Car Wash (“DFC”), a prominent chain of local car washes. All of the defendants previously pleaded guilty to the felony offense of conspiracy to commit identity theft. Hendon was sentenced to 12 months in prison, to be followed by 12 months of home confinement, and also agreed to divest himself of any future ownership, managerial, or profit-sharing interest in the DFC organization. The remaining defendants received sentences ranging from probation to three months in prison. In addition, Judge Wake ordered the corporate entities that compose the DFC organization, which previously pleaded guilty to the crime of pattern/practice of employing unauthorized aliens, to forfeit over $156,000.
U.S. Attorney John Leonardo stated, “Today’s sentences should send a strong message to the Arizona business community - companies that knowingly employ unauthorized aliens will be punished severely. The hiring scheme at Danny’s Car Wash not only harmed the individuals whose identities were stolen, but also was unfair to competing businesses that sought to play by the rules with respect to their labor costs and practices.”
“These sentences again give notice to employers who exploit illegal alien labor about the consequences of violating our nation’s laws,” said Matt Allen, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Arizona. “Our goal is to protect job opportunities for the nation’s legal workers and level the playing field for those businesses that play by the rules. The bottom line is, businesses that use illegal alien workers to gain an economic advantage over their competition must understand they will potentially pay a price for those unlawful practices.”
In April 2011, DFC was forced to terminate over 900 employees after an audit by HSI special agents that revealed those employeeshad presented fraudulent, insufficient, or ineligible documents at the time of their initial hire. Although DFC initially attempted to hire lawful employees as replacements, those replacements quickly proved ineffective and/or too expensive. In response, Hendon instructed the company’s managers to “bring back” the old employees. Although some managers expressed discomfort with this instruction, they were threatened with the loss of their jobs if they refused to comply. As a result, beginning in mid-2011, DFC embarked upon a multi-year, company-wide scheme to rehire the unauthorized aliens who had previously been terminated. These aliens routinely used someone else’s identification in order to pass their E-Verify background check, and DFC’s management was aware of - and often affirmatively facilitated - these identity-theft efforts. The scheme continued until August 2013, when criminal investigators from the Department of Homeland Security executed search warrants at DFC’s corporate headquarters and at various DFC car wash locations. Over 230 unauthorized aliens were working for DFC on the date of the search.
The investigation in this case was conducted by the Department of Homeland Security, Homeland Security Investigations. The prosecution was handled by Dominic Lanza and Lisa Jennis, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBERS: CR-13-1143, 14-108, 14-301, 14-990
RELEASE NUMBER: 2014-068_ Danny’s Family Car WashFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Final Hostage-taker Sentenced to 10 Years in Prison for Failed Marijuana RipRead the Press Release
TUCSON, Ariz.– On Nov. 17, 2014, Luis Humberto Contreras-Figueroa, 45, was sentenced by U.S. District Judge Jose A. Sototo 10 years in prison and placed on 5 years of federal supervision following his sentence. Contreras-Figueroa pleaded guilty on Aug. 29, 2014, to one count of conspiracy to commit hostage-taking.
On the evening of April 12, 2010, Contreras-Figueroa, along with 5 other individuals, conspired to kidnap and hold for ransom another individual over the disappearance of 600 pounds of marijuana. Federal agents intervened and freed the bound hostage, capturing five of the six hostage-takers on scene, along with weapons that included an AK-47 semi-automatic rifle. Each of the five pleaded guilty between 2011-2012 and were sentenced to prison terms ranging up to ten years.
A warrant remained outstanding for Contreras-Figueroa, who had left the scene just before federal agents arrived and then immediately fled to Mexico. Based on tips received in February, 2014, federal agents learned that Contreras-Figueroa was back in Arizona. Within two weeks he was in federal custody.
The investigation in this case was conducted by agents of the U.S. Immigration and Customs Enforcement (ICE), Organized Crime Drug Enforcement Task Force (OCDETF) Tucson, Az. The prosecution was handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-14-0614-TUC-JAS
RELEASE NUMBER: 2014-065_Contreras-FigueroaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Elected Guvo District Chairwoman Sentenced to 18 Months ImprisonmentRead the Press Release
TUCSON, Ariz. – Today, Angela Julene Ortiz, 58, of Menagers Dam, Ariz., was sentenced by Chief U.S. District Judge Raner C. Collins to an 18-month term of imprisonment. Ortiz had plead guilty to a single count of conspiracy to transport illegal aliens for profit. She will self- surrender on Dec 19, 2014.
The evidence showed that from 2012 to 2013, Ortiz was the elected Gu Vo District chairwoman on the Tohono O’odham Indian Nation. During the same time period, Ortiz was the leader and organizer of a conspiracy to recruit drivers to transport illegal aliens and coordinate with others to receive the illegal aliens in Phoenix. Ortiz would then split the proceeds with the transporter receiving on average $2000.00 per alien transported.
The investigation in this case was jointly conducted by the Federal Bureau of Investigation Public Corruption Task Force, and the U.S. Border Patrol. The prosecution was handled by Lawrence Lee, Assistant U.S. Attorney, District of Arizona, Tucson.CASE NUMBER: CR-13-01940 TUC RCC
RELEASE NUMBER: 2014-066_OrtizFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.District of Arizona U.S. Attorney’s Office Collects $44,585,929 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2014Read the Press Release
PHOENIX - U.S. Attorney John S. Leonardo announced today that the District of Arizona collected $44,585,929 in criminal and civil actions in Fiscal Year 2014. Of this amount, $4,020,746 was collected in criminal actions and $40,565,182 was collected in civil actions
Additionally, the District of Arizona worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $161,247in cases pursued jointly with these offices. Of this amount, $6,739 was collected in criminal actions and $154,507 was collected in civil actions.
Attorney General Eric Holder announced today that the Justice Department collected $24.7 billionin civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
“It’s been another very productive year for our District,” said U.S. Attorney John S. Leonardo. “Our people have done a great job working with our local communities and partner law enforcement agencies in our joint collection efforts. These funds are owed to victims of crime, as well as taxpayers, and we strive to be as effective as we can in collecting them.”
The U.S. Attorneys’ Offices, alongside DOJ’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in Arizona, working with partner agencies and divisions, collected $10,312,162 in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
RELEASE NUMBER: 2014-064_FY14 Collections
The full video of the Attorney General’s message is available at http://www.justice.gov/agwa.php.
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Arizona Tax Preparer Sentenced to 70 Months Imprisonment for Preparing Fraudulent Tax ReturnsRead the Press Release
PHOENIX – On Nov. 13, 2014, Latoya Nivea Morehead, 33, of Glendale, Ariz., was sentenced by U.S. District Judge James A. Teilborg to a 70-month term of imprisonment. Previously, on April 30, 2014, Morehead had been found guilty by a federal jury of 34 criminal counts, including 5 counts of wire fraud, 26 counts of making false statements to the IRS, and 3 counts of aggravated identity theft. Morehead was also ordered to pay $409,000 in restitution to the federal government.
Evidence at trial showed that Morehead, from 2006 through 2009, prepared and submitted over a hundred tax returns that contained false and fraudulent information. Most of the returns reported untruthful W-2 information, including false earnings and withholdings, which resulted in hundreds of thousands of dollars in fraudulent refunds. In many instances, she fabricated the optimal amount of false earnings and withholdings, which maximized the earned income credit. In some instances, she prepared returns using the identities of taxpayers without their knowledge or consent. Moreheadcommitted these crimes while working as a tax return preparer for another tax-preparation business in the Phoenix area and while doing business as “Latoya’s Tax Service.”
Finally, evidence also showed that Morehead failed to report business income on her own tax returns and lied about expenses associated with her businesses. This created a fictitious “business loss,” which was used to offset her reported tax earnings and thus reduce the amount of taxes she owed.
The investigation in this case was conducted by the Internal Revenue Service Criminal Investigation. The prosecution was handled by Peter Sexton and Walter Perkel, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR- 12-01577-PHX-JAT
RELEASE NUMBER: 2014-063_MoreheadFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Peach Springs Man Sentenced to 8 Years in Federal Prison for AssaultRead the Press Release
PHOENIX, – Having previously pleaded guilty to assault resulting in serious bodily injury, Jesus Fernando Navarro-Delgado, 20, of Peach Springs, Ariz. was sentenced on Nov. 3, 2014, by U.S. District Judge David G. Campbellto 96 months in prison, followed by three years of supervised release.
According to court documents, on April 10, 2014, Navarro-Delgado was with the minor victim at a residence located on the Hualapai Indian Reservation when he became enraged and stabbed the victim multiple times causing the victim to sustain serious and permanent injuries. The minor victim is a member of the Hualapai Indian Tribe.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Hualapai Nation Police Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8089-PCT-DGC
RELEASE NUMBER: 2014-062_Navarro-DelgadoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.U.S. Attorney Announces Efforts to Protect Voters and Prevent Fraud in November 2014 ElectionsRead the Press Release
PHOENIX – United States Attorney John S. Leonardo announced today that Assistant United States Attorneys (“AUSAs”) Dominic Lanza and Raymond K. Woo will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 4, 2014, general elections. AUSAs Lanza and Woo have been appointed to serve as the District Election Officers (“DEOs”) for the District of Arizona, and in that capacity they are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Leonardo said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being canceled through fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process. Furthermore, ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
The Department of Justice 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 furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
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. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions 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.
The right to vote is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt the electoral process are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on Nov. 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Leonardo stated that AUSAs Lanza and Woo will be on duty in this District while the polls are open. They can be reached by the public at the following telephone number: (602) 595-2866.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. In Arizona, the local FBI field office can be reached by the public at (623) 466-1999.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
RELEASE NUMBER: 2014-061_2014 November Elections
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.17 Arrested in Tuba City Drug SweepRead the Press Release
PHOENIX – Following a coordinated federal, tribal and state task force investigation into drug trafficking on the Navajo Nation, 20 individuals have been charged with federal drug trafficking crimes. Five remain fugitives. In addition to the 15 arrested on drug trafficking charges, 2 individuals were arrested for alleged violations of the terms of their pretrial release having been arrested in May on assault-related charges, along with 10 other individuals, during the Tuba City violent offender initiative—the first phase of this community impact initiative.
The Federal Bureau of Investigation, the Navajo Nation Department of Public Safety, the Coconino County METRO Drug Task Force and the Drug Enforcement Administration led this enforcement action, with substantial assistance from the United States Marshals Service, the Bureau of Indian Affairs and the Arizona Department of Public Safety.
United States Attorney John S. Leonardo said, “This joint investigation is an example of the impact that federal, state and tribal law enforcement agencies can have in disrupting drug trafficking activity in Indian Country when they coordinate their resources.”
FBI Special Agent in Charge Douglas G. Price stated he wanted “to thank our law enforcement partners not only for the assistance they provided during this specific drug operation but the assistance they provide on a regular basis.”
Navajo Nation Captain Harry Sombrero, who currently serves as Director of Criminal Investigations, also said, “The undercover drug investigation was conducted over a period of months and involved hundreds of hours of team investigative work. It is believed that these arrests will have a significant impact on the local drug trafficking network. The credit goes to the field investigators for their commitment, dedication and hard work to keep the community safe.”
Convictions for the drug offenses currently charged, which involve trafficking of methamphetamine and cocaine, carry penalties up to 20 years in prison and $1,000,000 in fines.
Although these individuals have been charged with federal crimes by way of Complaint or Indictment, these charging documents are simply methods by which a person is charged with criminal activity and raise no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.The prosecution is being handled byDimitra H. Sampson of Phoenix and Adam Zickerman of Flagstaff, Assistant U.S. Attorneys, District of Arizona.
RELEASE NUMBER: 2014-060_Tuba City
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Tuba City Man Sentenced to 5 Years in Prison for Attempted RobberyRead the Press Release
PHOENIX – On Oct. 7, 2014, Windfield William Yazzie, 33, of Tuba City, Ariz., was sentenced by U.S. District Judge David G. Campbell to five years imprisonment. Yazzie pleaded guilty on June 30, 2014 to attempted robbery.
On Feb. 25, 2014, Yazzie brandished what appeared to be a firearm in an attempt to rob the victim on the Navajo Nation, but the victim was able to escape before the robbery was completed.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Division of Public Safety. The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-8059-PCT-DGC
RELEASE NUMBER: 2014-059_YazzieFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Drug Trafficker Sentenced to 12 Years in PrisonRead the Press Release
PHOENIX – On Oct. 6, 2014, Everardo Duarte, 38, of Sonora, Mexico, was sentenced by U.S. District Judge G. Murray Snow to 12 years imprisonment. Duarte pleaded guilty on July 21, 2014 to possession with intent to distribute methamphetamine.
The year-long Organized Crime Drug Enforcement Task Force investigation into Duarte’s Drug Trafficking Organization (DTO) was initiated in July 2012 and was conducted primarily in Flagstaff. On July 16, 2013, the defendant and his two co-defendants, Dustin Heath Ash and Mitchell Allan McKinnon, were charged with possession with intent to distribute methamphetamine, possession with intent to distribute heroin, and conspiracy charges. Kevin Lynn Bickford was charged in a separate indictment with possession with intent to distribute methamphetamine.
The organization imported methamphetamine from Mexico into the United States, where it was ultimately distributed in Flagstaff, along with heroin. Co-defendants Ash, McKinnon, and Bickford were previously sentenced to terms of imprisonment.
The investigation in this case was initiated by the METRO Northern Arizona Narcotics Task Force, an organization made up of officers from the Flagstaff Police Department and the Coconino County Sheriff’s Office. The case was adopted federally by the FBI’s Northern Arizona Safe Streets Task Force, of which METRO is a part, working closely also with partners from the Bureau of Indian Affairs and the Drug Enforcement Administration. The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-8158-PCT-GMS
RELEASE NUMBER: 2014-058_DuarteFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.German Man Sentenced to 189 Months in Prison for Child Sex Tourism OffenseRead the Press Release
TUCSON, Ariz. – Today, Karsten Puschmann, 51, of Kiel, Germany, was sentenced by U.S. District Judge Jennifer G. Zipps to serve 189 months in prison. Puschmann pleaded guilty on Jan. 22, 2014, of traveling with intent to engage in illicit sexual conductPuschmann’s term of imprisonment will be followed by lifetime supervised release, with stringent sex offender conditions, including the condition that he register as a sex offender.
An investigation revealed that Puschmann, through the use of the internet, negotiated and planned a trip to Mexico in order to engage in commercial sex acts with six different children between the ages of five and eleven years old. He traveled from Europe to Tucson, Ariz., for this purpose and was arrested upon his arrival in Tucson.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Under this program, federal, state, and local law enforcement resources are combined to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation in this case was conducted by Homeland Security Investigations, Nogales. The prosecution was handled by Carmen F. Corbin and Carin C. Duryee, District of Arizona, Tucson.
CASE NUMBER: CR-13-01312-TUC-JGZ
RELEASE NUMBER: 2014-057_ PuschmannFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Red Valley Man Sentenced to 153 Months for Involuntary Manslaugther and Use of A Firearm in A Crime of ViolenceRead the Press Release
PHOENIX – On Sept. 29, 2014, Joe Arviso Benally, 51, of Red Valley, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 153 months’ imprisonment followed by five years of supervised release. Benally was found guilty by a federal jury on July 9, 2014, of involuntary manslaughter and use (discharge) of a firearm in a crime of violence, the offense occurred on the Navajo Nation Indian Reservation.
The evidence at trial was that Benally, after an argument, retrieved his .270 caliber hunting rifle, loaded it, and shot the victim in the chest, killing him.
The investigation in this case was conducted by Federal Bureau of Investigation and the Navajo Nation Department of Public Safety. The prosecution was handled by Christina Covault and Melissa Karlen, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-13-8095-PCT-GMS
RELEASE NUMBER: 2014-056_BenallyFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.National Institute of Justice Invests $63 Million to Support School Safety Research, Arizona Awarded $4,999,442Read the Press Release
PHOENIX – The Office of Justice Programs’ National Institute of Justice (NIJ) today announced it has awarded nearly $63 million to school districts and research organizations through the Comprehensive School Safety Initiative (CSSI). CSSI is a large-scale, multi-agency research effort to build knowledge about effective approaches to increasing school safety nationwide.
Through the Initiative, 24 research projects receive funding under two different solicitations. The first, “Investigator-Initiated Research,” includes nine awards to research organizations totaling more than $18 million. The second, “Developing Knowledge about What Works to Make Schools Safe,” provides more than $45 million to 15 school districts and their research partners.
“We are proud that within our District, the University of Arizona, in partnership with the Arizona Department of Education, has been selected to research and evaluate the impact and effectiveness of the school resource officer (SRO) training and activities,” said U.S. Attorney John S. Leonardo, “This evaluation of the role of those in the SRO positions will be directed to 45 overall schools around the state in an effort to determine the most effective way to enhance the school safety of our students.”
“We know a great deal about how to make schools safe in general but very little about the specifics for various settings and populations,” said Dr. William J. Sabol, Acting Director of NIJ. “With this $63 million investment, the nation will gain an understanding of school safety that is scientifically sound, practical, and that can be easily interpreted and used by schools.”
President Obama’s January 2013 plan to end gun violence emphasized keeping guns out of potentially dangerous hands and recognized that additional actions are needed to make our schools safer. CSSI was launched in early 2014 in response to a Congressional request for a broad, research-based effort to increase safety in the nation’s schools.
The initiative has three primary goals: to collect national-level data; to convene stakeholders to identify and share best practices; and to conduct innovative research and evaluate pilot projects in school districts. The programs and policies within CSSI are designed to produce evidence about what works in such areas of school safety as effectiveness of school resource officers and mental health professionals, violence and bullying reduction, and effectiveness of such restorative justice interventions as youth courts. The initiative will also examine potential unintended consequences of school safety efforts, including the excessive use of exclusionary discipline and arrests of students.Although NIJ has primary responsibility for CSSI, the program is a collaborative effort among more than 20 federal partners, including the Departments of Justice, Education, Health and Human Services, Homeland Security, and the Treasury. This partnership will allow the federal government to make a significant impact on school safety by investing limited funds in research that has practical applications for every school in the nation. By determining what interventions work best for specific schools and students, CSSI will provide professionals with a body of knowledge to help them make decisions about which programs will be most effective — and most cost effective — for their particular schools and their challenges.
A list of the awards and more information about CSSI are available at www.nij.gov, keywords: “School Safety.”
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Man Sentenced to 35 Years in Prison for Child Pornography OffensesRead the Press Release
TUCSON, Ariz. – On Sept. 29, 2014, Howard Wesley Cotterman, 73, of Truckee, Calif., was sentenced by Chief U.S. District Judge Raner C. Collins to serve 35 years in prison for child exploitation offenses. Following a trial in June 2014, Cotterman was found guilty of two counts of production of child pornography, one count of transportation of child pornography, one count of possession of child pornography, and one count of importation of obscene materialCotterman’s term of imprisonment will be followed by lifetime supervised release, with stringent sex offender conditions, including the condition that he register as a sex offender.
On June 27, 2007, Cotterman was indicted by a federal Grand Jury. An investigation revealed that Cotterman sexually abused a young girl multiple times over a two year period, beginning when she was seven years old. The photographs and videos memorializing the abuse were discovered on Cotterman’s laptop after he crossed the international border from Mexico into Arizona. Before his arrest, Cotterman fled to Australia, requiring that he be extradited back to the United States for prosecution.
Cotterman was convicted in 1992 in California of thirty-three offenses, which included two counts of use of a minor in sexual conduct, two counts of lewd and lascivious conduct upon a child, and three counts of annoy/molest a child.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation in this case was conducted by Homeland Security Investigations, Tucson. The prosecution was handled by Carin C. Duryee and Carmen F. Corbin, District of Arizona, Tucson.
CASE NUMBER: CR-07-01207-TUC-RCC
RELEASE NUMBER: 2014-055_CottermanMexicali Man Sentenced to 46 Months for Attempting to Illegally Export 6000 Rounds of Ammunition into MexicoRead the Press Release
TUCSON, Ariz. – On Sept. 24, 2014, Luis Armando Collins-Avila, 43, of Mexicali, Mexico, was sentenced by U.S. District Court Judge James A. Soto, to 46 months confinement followed by 3 years of supervised release. On June 23, 2014, Collins pled guilty to trying to smuggle the 6000 rounds of ammunition into Mexico.
On July 18, 2013, Collins was driving outbound from Douglas, Ariz. into Agua Prieta, Mexico in a Chevrolet Suburban. Before leaving the country, an inspection of Collins vehicle revealed 6,000 rounds of ammunition concealed in the doors and wheel wells. A receipt found in the car indicated Collins had purchased the ammunition the day prior to his arrest. After his arrest, Collins admitted he had concealed the ammunition in his vehicle to avoid detection.
The investigation in this case was conducted by ICE-Douglas, U.S. Customs and Border Protection, and the Douglas Police Department. The prosecution was handled by Arturo Aguilar, District of Arizona, Tucson.
CASE NUMBER: CR-13-01376
RELEASE NUMBER: 2014-053_Collins-AvilaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Final Member of Valley Drug Rip Crew Sentenced in Case That Resulted in A DeathRead the Press Release
PHOENIX – On Sept. 25, 2014, the final defendant was sentenced in connection with Operation Push the Pawn – an investigation of a Phoenix area drug rip crew conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Internal Revenue Service and the Phoenix Police Department. Fourteen defendants were sentenced in the case and seven defendants received sentences that ranged from 6 to 15 years in prison for their roles in armed robberies, marijuana trafficking and a murder that took place on Jan. 27, 2011.
Beginning in Sept. 2009 to Jan. 27, 2011, the defendants were part of a drug trafficking organization and drug robbery crew that bought and stole marijuana from drug dealers. The stolen marijuana would be divided amongst the robbery crew members as payment, and they would then sell the stolen marijuana either locally or out of state. On Jan. 27, 2011, some of the defendants planned to conduct an armed robbery to steal 200 pounds of marijuana from drug dealers and when they attempted to take the marijuana by force, a passenger of the vehicle containing the marijuana shot multiple rounds at the robbery crew members, who returned fire. During the exchange, Brandon Edwards was fatally wounded. Both vehicles left at a high rate of speed, leaving Brandon Edwards in the middle of the street. Police responded to the location and transported Edwards to a local hospital where he was pronounced dead from gunshot wounds.
The following sentences were imposed by U.S. District Court Judge David Campbell:
On April 28, 2014, William Cobb, 29, of Phoenix, Ariz., was sentenced to 8.5 years in prison. Cobb pleaded guilty on Feb. 3, 2014, to possession with intent to distribute marijuana, and aid and abet possession and use of a firearm during and in relation to a drug trafficking offense or a crime of violence.
On May 12, 2014, Robert Barber, 32, of Phoenix, Ariz., was sentenced to 6 years in prison. Barber pleaded guilty on Feb. 4, 2014, to possession and use of a firearm during and in relation to a drug trafficking offense or a crime of violence.
On May 12, 2014, Muhammed Muhammed, 30, of Phoenix, Ariz., was sentenced to 15 years in prison. Muhammed pleaded guilty on Feb. 7, 2014, to possession and use of a firearm during and in relation to a drug trafficking offense or a crime of violence resulting in death.
On May 22, 2014, Daris Bush, 30, of Chandler, Ariz., was sentenced to 13 years in prison. Bush pleaded guilty on Feb. 7, 2014, to aid and abet possession and use of a firearm during and in relation to a drug trafficking offense or a crime of violence resulting in death.
On June 3, 2014, Dominic Chatman, 27, of Mesa, Ariz., was sentenced to 8.5 years in prison. Chatman pleaded guilty on Feb. 7, 2014, to possession with intent to distribute marijuana, and aid and abet possession and use of a firearm during and in relation to a drug trafficking offense or a in a crime of violence.
On Aug. 27, 2014, Charles Young, 29, of Tempe, Ariz., was sentenced to 7 years in prison. Young pleaded guilty on Feb. 3, 2014, to possession and use of a firearm during and in relation to a drug trafficking offense or a crime of violence.
On Sept. 4, 2014, Reginald Edwards, 28, of Phoenix, Ariz., was sentenced to 7 years in prison. Edwards pleaded guilty on June 16, 2014, to aid and abet Hobbs Act robbery, and possession with intent to distribute marijuana.
On Sept. 25, 2014, Isaac Reed, 32, of Phoenix, Ariz., was sentenced to 2 years in prison. Reed pleaded guilty on Feb. 6, 2014, to conspiracy to possess with the intent to distribute marijuana.
The investigation in this case was conducted by agencies participating in the Organized Crime Drug Enforcement Task Force. The lead agencies were the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Drug Enforcement Administration, Internal Revenue Service Criminal Investigation, and the Phoenix Police Department. The prosecution was handled by Keith Vercauteren and Glenn McCormick, Assistant U.S. Attorneys, District of Arizona, Phoenix.
NUMBER: CR-12-1793-PHX-DGC
RELEASE NUMBER: 2014-052_Reed et alFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Oklahoma Man Found Guilty for Making A Bomb Threat Against Sheriff Joseph ArpaioRead the Press Release
PHOENIX – Gregory Lynn Shrader, 55, of Jay, Okla., was found guilty of willfully making a threat to kill by means of an explosive, transport of explosive material with the intent to intimidate, mailing injurious articles, and possession of explosive material by a prohibited possessor by a federal jury in Phoenix. The case was tried before U.S. District Judge Neil V. Wake between Sept. 4, 2014 and Sept. 11, 2014. The defendant is being held after trial. Sentencing is set before Judge Wake on Dec. 1, 2014.
The evidence at trial showed that Shrader threatened to kill Sheriff Joe Arpaio with an improvised explosive device on April 10, 2013. The evidence at trial showed that Shrader made the mail bomb threat as part of a revenge scheme to frame a former business partner. Sometime in early 2013, Shrader constructed an explosive device and placed it into a United States Postal Express Mail Box and designed it to appear operational.
The evidence at trial showed that Shrader was unhappy with the results of two failed lawsuits filed against his former business partner. As an act of revenge, Shrader addressed his package to Sheriff Joe Arpaio with a return address belonging to his former business partner.A conviction for willfully making a threat to kill by means of an explosive carries a maximum penalty of 10 years, a $250,000 fine or both. A conviction for transport of explosive material with the intent to intimidate carries a maximum penalty of 10 years, a $250,000 fine or both. A conviction for mailing injurious article carries a maximum penalty of 1 year, a $100,000 fine or both. A conviction for possession of explosive material by a prohibited possessor carries a maximum penalty of 10 years, a $250,000 fine or both. In determining an actual sentence, Judge Wake will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The Judge, however, is not bound by those guidelines in determining a sentence.
The investigation in this case was conducted by the United States Postal Inspection Service and the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorneys Raymond K. Woo and Paul Stearns, District of Arizona, Phoenix.
CASE NUMBER: CR-14-0355-PHX-NVW
RELEASE NUMBER: 2014-051_Shrader
# # #For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Former Bank Teller Sentenced to 49.5 Years Prison for “inside Job” Bank RobberiesRead the Press Release
PHOENIX – On Sept. 10, 2014, Joel Leon Thomas, Jr., 24, of El Mirage, Ariz., was sentenced by Judge David G. Campbell to 49.5 years in federal prison for masterminding three bank robberies in Peoria, Surprise, and Sun City from January - February 2012. In March 2014, a federal jury found Thomas guilty of three counts of conspiracy to commit bank robbery, two counts of aid and abet armed bank robbery, one count of aid and abet bank robbery, and two counts of using a firearm in furtherance of a crime of violence.
The evidence at trial showed that Thomas, a bank teller at the time of the robberies, provided inside information to his co-conspirators about bank security measures and bank layouts to craft plans to rob three banks in January – February 2012. The conspiracy targeted banksThomas worked at in the Surprise, Sun City, and Peoria areas. Thomas orchestrated two bank robberies at gunpoint, and in one of those robberies, he posed as a victim bank teller as he loaded $246,000 from the vault into a duffel bag for the armed gunman, his friend. In a third bank robbery, the conspiracy recruited two homeless men to commit a “note job” where they demanded money from a victim bank teller inside a busy grocery store and turned over the money to Thomas and other conspirators. After obtaining search warrants, police seized approximately $150,000 in stolen bank money, firearms, ammunition, bank robbery demand notes, and hand-drawn diagrams of the banks from the residences and cars of Thomas and others charged in the conspiracy. Five others were charged and pleaded guilty in the conspiracy.
The investigation in this case was conducted by the Federal Bureau of Investigation and the FBI’s Bank Robbery Task Force, the Peoria Police Department, the Surprise Police Department, and the Tempe Police Department. The prosecution was handled by Jennifer E. Green and Tracy Van Buskirk, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-12-00523-002-PHX-DGC
RELEASE NUMBER: 2014-050_ThomasFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Attorney General Recognizes District of Az EmployeesRead the Press Release
United States Attorney John S. Leonardo
DISTRICT of ARIZONA
________________________________________________________________________WASHINGTON –Seven current and former members of the U.S. Attorney’s Office in the District of Arizona, along with four special agents of Homeland Security Investigations (HSI), were among those recognized by Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 30th annual Director’s Awards Ceremony today in Washington D.C.
The District of Arizona was one of 44 districts represented at the ceremony, where they were the recipients of two distinguished awards. This event was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In his remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer. Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.”
EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”“I am very proud of this recognition by the Attorney General of the efforts and accomplishments of those in our office who work very hard every day to accomplish our mission of serving the American people,” said U.S. Attorney John S. Leonardo.
First, the award for “Superior Performance by a Litigative Team” recognizes the outstanding work of our office and Homeland Security Investigations in “Operation In Plain Sight,” a complex investigation which resulted in the convictions of 73 defendants for their roles in an extensive human smuggling operation. The defendants had been responsible for transporting and harboring thousands of illegal aliens using licensed shuttle companies operating in Nogales and Tucson. The individual award recipients include: current team members of our office - Alexis Ball, Lisa Jennis, Joseph Koehler, and Sandy Solis; former members of our office - Jeff Martino, Brian Sardelli, and Munish Sharda; and our law enforcement partners from HSI - Carolyn Callahan, Adam Carpenter, Christopher Frazier, and Liza Lugo.
The second award was given to Dimitra Sampson for “Superior Performance in Indian Country.” Dimitra was recognized for her extraordinary accomplishments in advancing programmatic goals of the District’s Indian Country Public Safety Initiative and in prosecuting cases under the Major Crimes Act. In addition to trying a high volume of cases involving homicide, sexual assault and child abuse, in her role as trial liaison she developed tribal-federal task forces, which conducted very successful community drug sweeps. These operations were very well received and there is now a demand from other Tribal communities to replicate them.
Gila River Man Sentenced to over 15 YearsRead the Press Release
PHOENIX – On Aug. 25, 2014, Curtis Ray Manuel, 23, of Bapchule, Ariz., a member of the Gila River Indian Community, was sentenced by U.S. District Judge G. Murray Snowto 187 months in prison to be followed by lifetime supervised release. Manuel pleaded guilty on June 11, 2014, to abusive sexual contact of a minor
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-00065-PHX-GMS
RELEASE NUMBER: 2014-049_ManuelMan Sentenced to 8.5 Years in Prison for Child Abuse Occuring Within Gila River Indian CommunityRead the Press Release
PHOENIX - Today, Christopher Earl Terry, 41, a member of the Gila River Indian Community, was sentenced by U.S. District Judge Diane J. Humetewa to 8.5 years in prison followed by three years of supervised release. Terry previously pleaded guilty to one count of child abuse.
Documents contained within the public record indicate that Terry seriously injured the victim, a small infant, while babysitting him at a residence within the Gila River Indian Community. The victim suffered significant physical injuries.
In deciding the sentence, Judge Humetewa rejected Terry’s contention that he injured the child during rough play, and instead noted his “egregious” conduct.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Christine Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-14-00242-PHX-DJH
RELEASE NUMBER: 2014-048_TerryFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Drug Trafficker Sentenced to 17.5 Years in PrisonRead the Press Release
PHOENIX – On Aug. 18, 2014, Luis Enrique Villegas-Lugo, 40, of Culiacan, Sinaloa, Mexico was sentenced by Senior U.S. District Judge Roslyn O. Silverto 17.5 years in prison. Villegas-Lugo pleaded guilty on Feb. 25, 2014 to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, a felony.
The Organized Crime Drug Enforcement Task Force investigation into the Villegas-Lugo Drug Trafficking Organization (DTO) took place from July 2006 through September 2006 in Phoenix. On Feb. 25, 2009, the defendant was charged with conspiring to possess with the intent to distribute methamphetamine, possessing methamphetamine, and possessing firearms in furtherance of the drug trafficking business. The evidence showed that the DTO imported methamphetamine from Mexico into the United States and transported it to a stash house in Phoenix. Once there, the methamphetamine was distributed to customers. During the investigation, law enforcement agents seized approximately 20 pounds of methamphetamine, two handguns, two rifles, and drug packaging materials from the stash house.
The investigation in this case was conducted by the Drug Enforcement Administration, the Phoenix Police Department, the Maricopa County Sheriff’s Office, and the Surprise Police Department. The prosecution was handled by Jonell L. Lucca, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-09-00210-001-PHX-ROS
RELEASE NUMBER: 2014-046_Villegas-LugoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Carondelet Health Network to Pay $35 Million to Resolve False Claims Allegations Involving St. Joseph’s and St. Mary’s Hospitals in TucsonRead the Press Release
TUCSON, Ariz. – Carondelet Health Network, an Arizona non-profit corporation doing business as Carondelet St. Mary’s Hospital and Carondelet St. Joseph’s Hospital in Tucson, Ariz., has agreed to pay the United States $35,000,000 to resolve civil allegations that the hospitals violated the federal False Claims Act by submitting false bills to Medicare and other federal health care programs.
“This settlement is the largest-ever False Claims Act recovery in Arizona, and it reflects the longstanding and ongoing efforts of our office to guard the vital but limited funding of federal health care programs,” said United States Attorney John S. Leonardo. “Inpatient rehabilitation services are very costly to taxpayers, and it is critical that these federal dollars be reserved only for those qualified patients who need the intense rehabilitation therapy services provided in an inpatient setting.”“This settlement shows OIG’s hard work to safeguard the taxpayer dollars,” said Glenn R. Ferry, Special Agent in Charge for the Los Angeles Region of the United States Department of Health and Human Services, Office of Inspector General. “Health care fraud victimizes both patients and the American taxpayers, and we are dedicated to investigating and prosecuting these types of activities.”
The settlement agreement resolves allegations that from April 7, 2004, through Dec. 31, 2011, Carondelet St. Mary’s Hospital and Carondelet St. Joseph’s Hospital billed Medicare, the Federal Employees Health Benefit Program, and the Arizona Health Care Cost Containment System (Arizona’s Medicaid agency) for inpatient rehabilitation facility services that were not properly reimbursable under applicable coverage criteria because the patients were not appropriate for inpatient rehabilitation facility services. The United States alleged that as a result of these false claims, federal health care programs paid substantially more than was warranted.
Shortly before becoming aware of the United States’ investigation, Carondelet disclosed to the government some inpatient rehabilitation overpayments and tendered a substantial repayment. However, based on its investigation, the United States had concerns about the nature of Carondelet’s disclosure, including concerns that the disclosure and the repayment Carondelet tendered were not timely, complete, or adequate. Despite these concerns, the United States considered Carondelet’s efforts in this regard as one of several factors in reaching the settlement amount and the resolution of the case. The settlement is neither an admission of liability by the hospitals, nor is it a concession by the United States that its claims are not well founded.
The settlement resolves a lawsuit filed in November 2011 by Jacqueline Bloink under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens to bring civil actions on behalf of the United States and share in any recovery obtained. The case was filed in the United States District Court for the District of Arizona and is captioned United States ex rel. Bloink v. Carondelet Health Network, et al., (CV-11-721-TUC-FRZ). Ms. Bloink will receive a share of the settlement payment that resolves the qui tam suit she filed.
The case was investigated by the United States Attorney’s Office for the District of Arizona; the United States Department of Health and Human Services, Office of Inspector General; and the United States Office of Personnel Management, Office of Inspector General.
Individuals with information regarding fraud, waste, or abuse related to Medicare or other federal programs are encouraged to file a complaint with the United States Attorney’s Office through the office’s website, http://www.justice.gov/usao/az/, or by calling (602) 514-7500.
Attachment: Carondelet Settlement Agreement (PDF)
RELEASE NUMBER: 2014-047_Carondelet
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Marijuana Grower Sentenced to 6.5 YearsRead the Press Release
PHOENIX– On July 31, 2014, John Cary Dean, 28, of Phoenix, Ariz., was sentenced by U.S. District Judge Douglas L. Rayesto 6.5 years in prison. Dean pleaded guilty on Jan. 23, 2014 to two counts of possession with intent to distribute less than 50 kilograms of marijuana, one count of manufacturing marijuana, and possession of a firearm in furtherance of drug trafficking offenses, all felonies.
On July 23, 2013, Dean was charged with numerous marijuana trafficking and weapons offenses, including being a felon in possession of firearms. The evidence showed that Dean was involved in the growing, packaging, and distributing of high-grade marijuana in Arizona and out-of-state. Dean possessed firearms for his protection while trafficking marijuana. Dean was first contacted by Arizona Department of Public Safety officers in February 2013 in Flagstaff with 25 pounds of high-grade marijuana and a loaded .357 handgun en route to Alabama to deliver the marijuana to customers. In May 2013, law enforcement arrested Dean and searched his residence. Officers found a well-outfitted marijuana grow operation, 32 pounds of marijuana packaged for sale, hydroponic growing supplies, $79,587 in cash, and eleven firearms including four handguns, five rifles, and two shotguns.
The investigation in this case was conducted by the Flagstaff Offices of the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Arizona Department of Public Safety. The prosecution was handled by Jonell L. Lucca, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-01029-PHX-DLR
RELEASE NUMBER: 2014-045_DeanFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Four Valley Residents Sentenced to Prison for Prisoner Tax Refund SchemeRead the Press Release
PHOENIX– On July 28, 2014, Kristi Marie Egger, 34, of Mesa, Ariz., and Michael Wayne Egger, 47, of Mesa, Ariz., were sentenced by U.S. District Judge Susan R. Bolton after each pleaded guilty to two felony counts for conspiring to defraud the United States by filing false federal income tax returns. Kristi Egger was sentenced to 12 months and a day imprisonment and Michael Egger was sentenced to 30 months’ imprisonment.
Two other defendants were previously sentenced in connection with related tax refund conspiracies. On April 14, 2014, Joseph Andrew Murray, 43, of Mesa, Ariz. was sentenced to 30 months’ imprisonment and Samuel George Hamilton, 43, of Peoria, Ariz. was sentenced to 24 months’ imprisonment.
According to their respective plea agreements, all four defendants participated in a scheme to obtain, and to aid others to obtain, the payment of refunds from the Internal Revenue Service through the preparation and filing of federal individual income tax returns that contained false and fictitious refund claims. In most instances, the defendants would cause pre-paid debit cards to be created in the names of the individuals for whom they were filing the returns and would have these cards mailed to addresses that they controlled. Once the refunds were deposited, cash was withdrawn from ATMs and the proceeds were distributed between the defendants and others. According to the indictments, each return was filed in the name of a prisoner located in an Arizona State prison, many of whom were incarcerated during all or part of the tax year upon which the return was filed.
In total, there were three related but distinct conspiracies. Kristi Egger was involved in separate conspiracies with Michael Egger and Joseph Murray. Michael Egger was also involved in a separate conspiracy with Samuel Hamilton. Kristi Egger was ordered to pay $166,866 in restitution, Michael Egger was ordered to pay $104,441 in restitution, Joseph Murray was ordered to pay $14,020 in restitution, and Samuel Hamilton $8,208 in restitution.
The investigation in this case was conducted by the Internal Revenue Service, Criminal Investigation. The prosecution was handled by Howard D. Sukenic, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-01245/6/7-SRB
RELEASE NUMBER: 2014-043_Egger etalFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Drug Trafficker and Money Launderer Sentenced to 18 Years in PrisonRead the Press Release
PHOENIX– On July 28, 2014, Rocky Delgado Marquez, 36, of Phoenix, Ariz., was sentenced by U.S. District Judge David G. Campbellto 18 years in prison. Marquez pleaded guilty on April 10, 2014 to conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana, conspiracy to commit money laundering, and felon in possession of a firearm, all felonies.
On May 1, 2012, Marquez was charged with numerous marijuana trafficking and money laundering offenses. The evidence showed that Marquez was responsible for coordinating the importation of marijuana from Mexico into the United States. He recruited load drivers and obtained vehicles that were outfitted with hidden compartments to hold hundreds of pounds of marijuana. Once the marijuana was in the United States, Marquez was responsible for distributing the marijuana to customers primarily in the Midwest. The cash profits were collected and returned to Marquez in Phoenix. Marquez purchased homes, land, and vehicles with narcotics proceeds totaling over $745,000. During the investigation, law enforcement agents seized approximately 5,290 pounds of marijuana, $2,713,000 in U.S. currency, one home, two parcels of land, and several vehicles.
On May 14, 2012, Marquez escaped from the Maricopa County Lower Buckeye Jail. On Jan. 14, 2013, after an eight-month search, Marquez was arrested in the Detroit area by the U.S. Marshals Service. Marquez was in possession of an assault-style rifle with a loaded high-capacity magazine. He had been convicted previously of misconduct involving weapons, a felony, in Maricopa County. On Jan. 20, 2013, Marquez escaped from a Wayne County, Michigan jail facility and fled to Mexico. Following an intensive manhunt by the U.S. Marshals Service, he was arrested in Mexico on Feb. 26, 2013. Marquez was returned to the United States on Feb. 27, 2013, and has remained in custody.
The investigation in this case was conducted by Homeland Security Investigations-Phoenix and the United States Marshals Service in Phoenix and Detroit. The prosecution was handled by Assistant U.S. Attorneys Jonell L. Lucca, District of Arizona, Phoenix and Margaret M. Smith, of the Eastern District of Michigan.
CASE NUMBER: CR-12-00906-PHX-DGC and CR-14-00484-PHX-DGC
RELEASE NUMBER: 2014-044_MarquezFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Navajo Man Sentenced to 59 Years in Prison for MurderRead the Press Release
PHOENIX – On July 22, 2014, Branden Pete, 28, of Greasewood, Ariz., was sentenced by Senior U.S. District Judge Stephen M. McNameeto 708 months (59 years) in prison. Pete was found guilty by a federal jury on Oct. 31, 2005 of murder in the second degree; murder during the commission of the crime of kidnaping; murder during the commission of the crime of aggravated sexual abuse and conspiracy to commit first degree murder.
The evidence at trial showed that on May 18, 2002, Branden Pete, Irvin Cepi, Harris James and Hoskie James, all members of the Navajo Nation, picked up the victim on the Navajo Reservation and drove her to a remote location where she was forcibly raped by then 16 year-old Branden Pete, Irvin Cepi, Harris James and Hoskie James. The victim was then driven to another remote location where she sustained fatal injuries to her head at the hands of both Irvin Cepi and Branden Pete.
Her body was not discovered until Aug. 26, 2002. An anonymous tip led authorities to these four who all confessed their involvement.
The defendant was originally sentenced to mandatory life imprisonment on April 17, 2006. However, in 2012 the United States Supreme Court in Miller v. Alabama, decided that juveniles should not face mandatory life sentences and that the courts should consider the infirmities of youth in determining their level of culpability. The defendant presented evidence of a dysfunctional upbringing and significant substance abuse issues. The Court took these into account but was shocked by the actions of the defendant in taking the life of another in such a brutal fashion. The court also noted that Pete had accumulated a significant number of disciplinary problems while serving his sentence in the Bureau of Prisons. Ultimately, the Judge decided against re-imposing a sentence of life imprisonment but rather selected the 708-month sentence stating that he did so both to punish the defendant for the crimes he committed and to protect the community. The defendant will receive credit for the nearly 12 years he has already served in prison.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Law Enforcement. The prosecution was handled by Vincent Q. Kirby, Assistant U.S. Attorney, District of Arizona, Phoenix, Ariz.
CASE NUMBER: CR-03-0035-PCT-SMM
RELEASE NUMBER: 2014-040_PeteFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Hopi Man Indicted on Charges of Aggravated Sexual Abuse of MinorsRead the Press Release
PHOENIX – On July 22, 2014, a federal grand jury returned a four-count indictment against Ross Stetson Tewangoitewa, 67, of Shungopavi Village, Ariz., for aggravated sexual abuse of a minor.
A conviction for aggravated sexual abuse of a minor carries a maximum penalty of life in prison, 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 competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
CASE NUMBER: CR-14-8139-SPL (DKD)
RELEASE NUMBER: 2014-042_TewangoitewaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Drug Trafficker Sentenced to 10 Years in PrisonRead the Press Release
PHOENIX– On July 23, 2014, Ambrosio Nunez-Lopez, 65, of Mexico, was sentenced by U.S. District Judge David G. Campbellto 10 years in prison. Nunez-Lopez pleaded guilty on March 18, 2014 to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, a felony.
The Organized Crime Drug Enforcement Task Force investigation into the Nunez-Lopez Drug Trafficking Organization (DTO) took place from Jan. 2012 through May 2012 in Phoenix. On May 4, 2012, the defendant was charged with conspiring to possess with the intent to distribute methamphetamine and possessing methamphetamine. The evidence showed that the DTO imported methamphetamine from Mexico into the United States and transported it to the East Coast for distribution. After a four-month long investigation, officers conducted a traffic stop of Nunez-Lopez on Interstate 10 East, and searched his truck. Agents located approximately 120 pounds of methamphetamine in liquid form hidden in one of the dual gas tanks of his truck.
The investigation in this case was conducted by the Drug Enforcement Administration, the Tempe Police Department, the Arizona Department of Public Safety, and the Mesa Police Department. The prosecution was handled by Jonell L. Lucca, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-00982-PHX-DGC
RELEASE NUMBER: 2014-041_Nunez-LopezFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Cibecue Man Convicted at Trial for Domestic Violence MurderRead the Press Release
PHOENIX, Ariz. – Willard John, 36, of Cibecue, Arizona, was found guilty of Second Degree Murderby a federal jury in Phoenix on July 11, 2014. The case was tried before U.S. District Judge James A. Teilborg. The defendant, who remains in custody, is scheduled to be sentenced before Judge Teilborg on October 15, 2014.
The evidence at trial showed that John killed the mother of his two young children on or about March 19, 2012, by stabbing her multiple times and cutting her neck with a pair of household scissors. Following the murder, he cut his own throat, but survived his injuries. The evidence revealed that John had been physically abusing the victim for years prior to the murder.
A conviction for Second Degree Murder carries a maximum penalty of life imprisonment, a $250,000.00 fine, or both.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs. The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-8082-PCT-JAT
RELEASE NUMBER: 2014-039_JohnFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Jury Finds Red Valley Man Guilty of Involuntary Manslaughter and Use of A Firearm in A Crime of ViolenceRead the Press Release
PHOENIX – On July 9, 2014, Joe Arviso Benally, 51, of Red Valley, Ariz., was found guilty of involuntary manslaughter and use (discharge) of a firearm in a crime of violence by a federal jury following a trial before U.S. District Judge G. Murray Snow. The defendant was remanded into custody after trial pending sentencing before Judge Snow on Sept. 29, 2014.
The evidence at trial showed that the defendant, after an argument with the victim, retrieved his .270 caliber hunting rifle, loaded it, and shot the victim in the chest, killing him.
A conviction for involuntary manslaughter carries a maximum penalty of 8 years, a $250,000 fine, or both. A conviction for use (discharge) of a firearm in a crime of violence carries a mandatory minimum penalty of 10 years, consecutive to the punishment for the crime of violence.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Public Safety. The prosecution was handled by Melissa Karlen and Christina Covault, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-13-8095-PCT-GMS (DKD)
RELEASE NUMBER: 2014-038_BenallyFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Glendale Man Sentenced to 160 Months for Transportation of Minor with Intent to Engage in ProstitutionRead the Press Release
TUCSON, AZ – On June 26, 2014, Marques West, 30, of Glendale, AZ was sentenced by U.S. District Judge Cynthia K. Jorgenson to 160 months imprisonment followed by 5 years supervised release. West pleaded guilty on April 17, 2014, to one count of transportation of a minor with intent to engage in in prostitution.
Sometime between January 20, 2013, and January 29, 2013, West transported a minor female from El Paso, Texas, to Tucson, Arizona, with the intent that the minor female engage in commercial sex acts.This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation in this case was conducted by the Tucson Police Department and the Federal Bureau of Investigation, Tucson. The prosecution was handled by Karen Rolley and Arturo Aguilar, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-13-01493
RELEASE NUMBER: 2014-037_WestFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
U.S. Attorney Announces “take 25” Child Safety Event in TucsonRead the Press Release
TUCSON, Ariz. - The National Center for Missing and Exploited Children (NCMEC) created the Take 25 campaign to encourage families to take 25 minutes to talk to their children about safety and abduction prevention. NCMEC estimates that 800,000 children are reported missing in America every year, which is more than 2,000 children each day. Fortunately, most of these children are quickly located.
NCMEC has found that in 51% of attempted abduction cases, children escaped would-be abductors through their own actions. 32% of the children actively resisted (yelling, kicking, pulling away, running away, or attracting attention). Even more inspiring is that in 17%
of these cases, a parent or another individual intervened to rescue the child. Teaching and reassuring children about safety - without scaring them - requires a delicate balance. Take 25 provides parents tools and age-appropriate suggestions for approaching the topic of safety with their children.“The annual Take 25 national child safety campaign is particularly important this time of year, when children begin their summer breaks from school and have more time on their hands” said U.S. Attorney John S. Leonardo. “We encourage parents to take time and pledge to talk with their children about safety and abduction prevention. We hope that the tools and information provided at this year’s Take 25 event will assist families in keeping their children safe.”
This year, the United States Attorney’s Office, in partnership with the U.S. Marshals Service, Department of Homeland Security, Federal Bureau of Investigation, the Tucson Police Department, the Arizona Attorney General’s Office, the Pima County Sheriff’s Office, and the Arizona Child Advocacy Center, will offer a Take 25 child safety event at the Tucson Children’s Museum. This event is designed to help parents and others teach children to be alert to potential threats and provide steps that children can take to stay safe, both on the Internet and in daily life.
The event will be held on Monday, June 30, 2014 at the Children’s Museum Tucson, from 9:00 a.m. to 4:00 p.m. Information regarding child safety will be provided, and law enforcement representatives will be available to speak with children and parents. In addition, interactive children’s self-defense demonstrations by Ko Sho Martial Training Institute will be scheduled throughout the day, and digital child identification kits will be provided free of charge to those that attend.
For more information on NCMEC, visit www.missingkids.com. For more information about the Take 25 campaign, visit www.Take25.org. For more information on Project Safe Childhood, visit www.projectsafechildhood.gov.
RELEASE NUMBER: 2014-036_Take_25_Tucson
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az