District of Arizona
Press releases recorded for this federal judicial district.
Father, Son Each Sentenced to 15 Years in Prison for Operating A Multi-state Drug Trafficking OrganizationRead the Press Release
PHOENIX – On June 18, 2014, the final defendant was sentenced in connection with Operation Clean Green – a multi-year investigation conducted by the U.S. Drug Enforcement Administration and Internal Revenue Service. Hector Raul Ortiz-Tarazon, Sr. and his son, Hector Francisco Ortiz, Jr. ran a drug trafficking organization (DTO) that shipped marijuana to the Midwest and East Coast. Twelve (12) defendants were charged in the superseding indictment for crimes including conspiracy to possess with intent to distribute marijuana, money laundering, and possession of a firearm during a drug trafficking offense.
The organization trafficked over 1,300 pounds of marijuana, generating proceeds in excess of $1,000,000. The DTO received cash and money orders from marijuana customers as payment for the marijuana. Federal agents seized approximately $400,000 in assets, including cash, eight vehicles, thirty-nine (39) firearms, and numerous rounds of ammunition.
The sentences imposed include the following:
On June 11, 2014, Hector Raul Ortiz-Tarazon, Sr., 47, of Mesa, Ariz., was sentenced by U.S. District Judge James A. Teilborg to 15 years in prison. Hector Raul Ortiz-Tarazon, Sr. pleaded guilty on Dec. 13, 2013, to conspiracy to possess with intent to distribute marijuana, money laundering, and possession of a firearm during a drug trafficking offense.
On June 11, 2014, Hector Francisco Ortiz, Jr., 24, of Mesa, Ariz., was sentenced by U.S. District Judge James A. Teilborg to 15 years in prison. Hector Francisco Ortiz, Jr. pleaded guilty on Dec. 13, 2013, to conspiracy to possess with intent to distribute marijuana, money laundering, and possession of a firearm during a drug trafficking offense.
On June 17, 2014, Guadalupe Velazquez, 24, of Phoenix, Ariz., was sentenced by U.S. District Judge James A. Teilborg to 10 years and 1 month in prison. Guadalupe Velazquez pleaded guilty on Dec. 11, 2013, to conspiracy to possess with intent to distribute marijuana, and money laundering.
On June 12, 2014, Marcos Velazquez, 21, of Phoenix, Ariz., was sentenced by U.S. District Judge James A. Teilborg to 60 months in prison. Marcos Velazquez pleaded guilty on Dec. 10, 2013, to conspiracy to possess with intent to distribute marijuana.
On June 4, 2014, Gerardo Edmundo Andrada-Pastrano, 45, of Phoenix, Ariz., was sentenced by U.S. District Judge James A. Teilborg to 57 months in prison. Gerardo Edmundo Andrada-Pastrano pleaded guilty on Dec. 5, 2013, to possession with intent to distribute marijuana.
On June 18, 2014, Reuben Clayton Treasure, 45, of New York, NY, was sentenced by U.S. District Judge James A. Teilborg to 46 months in prison. Reuben Clayton Treasure pleaded guilty on Jan. 3, 2014, to conspiracy to possess with intent to distribute marijuana, and money laundering.
The investigation in this case was conducted by agencies participating in the Organized Crime Drug Enforcement Task Force. The lead agencies were the U.S. Drug Enforcement Administration and Internal Revenue Service Criminal Investigation, and included the participation of the Pinal County Sheriff’s Office, the Coolidge Police Department, the Apache Junction Police Department, and the Chandler Police Department. The prosecution was handled by Keith Vercauteren and Jonell Lucca, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-12-0877-PHX-JAT
RELEASE NUMBER: 2014-035_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.Final Defendant Sentenced In‘operation Frozen Freight’Read the Press Release
PHOENIX – On June 9, 2014, John Kweku Eshun, 52, of Ellenwood, Ga., was sentenced by U.S. District Judge G. Murray Snow to 41 months in prison. Eshun is the 12th and final defendant sentenced in Operation Frozen Freight – a multi-year investigation conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). On Aug. 10, 2010, 12 defendants were charged with running a conspiracy that used a network of front businesses and warehouses, residences, cars, and semi-tractor trailers to package and ship loads of marijuana from Arizona to Ohio, then to package, ship or deposit cash proceeds from those sales. Charges in the initial and superseding indictments included multiple counts of conspiracy to possess with intent to distribute marijuana, money laundering, promotional money laundering, illegal financial transactions to further the conspiracy. The conspiracy used aliases and false business names such as “Sea of Cortez Seafood & Produce Distribution, LLC”, “Wedoito’s Hotdogs, LLC”, “AB Trucking”, and others.
The organization is alleged to have trafficked at least 50,000 pounds of marijuana and one to two tons of cocaine, generating proceeds in excess of $34 million. Federal agents seized approximately $700,000 in assets, including numerous vehicles (including a semi-tractor-trailer), guns, jewelry, and a house in the course of the investigation.
The defendants received the following sentences:
Jonathan Ortiz Troncoza, 41, of Tucson, Ariz., was sentenced to 120 months in prison.
David Ortiz Troncoza, 44, of Tucson, Ariz., was sentenced to 70 months in prison.
John Kweku Eshun, 52, of Ellenwood, Ga., was sentenced to 41 months in prison.
Edward Christopher Morales, 43, of Tucson, Ariz., was sentenced to 150 months in prison.
Shawn Handell Holloway, 43, of Cleveland, Ohio, was sentenced to 144 months in prison.
Manuel Martin Garcia, 37, of Tucson, Ariz., was sentenced to 60 months in prison.
Robert D. Wilson, 33, of Euklid, Ohio, was sentenced to 24 months in prison.
Yvonne Teresa Troncoza-Martinez, 40, of Tucson, Ariz., was sentenced to probation.
Kathy Ann Troncoza-Valenzuela, 43, of Tucson, Ariz., was sentenced to probation.
Manuel Alejandro Alvarez, 39, of Tucson, Ariz., was sentenced to time served.
Juan Fonseca-Cantallops, 49, of Buckeye, Ariz., was sentenced to probation.
Angelica C. Mendivil, 41, of Tucson, Ariz., was sentenced to probation.
The investigation was conducted by the U.S. Drug Enforcement Administration and the Internal Revenue Service, and included the participation of the U.S. Postal Inspection Service, U.S. Marshal’s Service, U.S. Immigration and Customs Enforcement, U.S. Border Patrol, the Federal Bureau of Investigation, U.S. Alcohol, Tobacco, Firearms & Explosives, and the Arizona Department of Public Safety. Local police agencies that assisted include the Mesa, Phoenix, Glendale, Tempe and Tucson Police Departments; the Pinal County Sheriff’s Office and the Arizona Attorney General’s Office. The investigation was also made possible by the assistance of the Las Vegas Metropolitan Police Department, Imperial Police Department, U.S. Attorney’s Offices in Arizona, Nevada and Ohio and various DEA offices throughout the U.S. and in Mexico. The National Drug Intelligence Center (NDIC) provided extensive analysis of documents seized during the investigation.
The prosecution was handled by Karen S. McDonald and Brian Larson, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-10-1126-PHX-GMS
RELEASE NUMBER: 2014-032_ EshunFor 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 19.5 Years in Prison for Aggravated Sexual AbuseRead the Press Release
PHOENIX – On June 9, 2014, Raphael James Kaska, 54, of Peach Springs, Ariz., a member of the Yavapai-Apache Nation, was sentenced by U.S. District Judge G. Murray Snow to 235 months in prison, followed by a term of lifetime supervised release. Kaska pleaded guilty to aggravated sexual abuse.
According to the plea agreement, in February 2012, Kaska used force to engage in a sexual act with the minor victim. The offense happened on the Hualapai Nation Indian Reservation.
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 and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-13-8141-PCT-GMS
RELEASE NUMBER: 2014-034_KaskaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Parker Man Sentenced to Federal Prisonfor Abusive Sexual Contact with A MinorRead the Press Release
PHOENIX – On June 9, 2014, Roberto Aguilar-Ramirez, 52, of Parker, Ariz., was sentenced by U.S. District Judge Roslyn O. Silver to 168 months in prison, followed by a term of lifetime supervised release. Aguilar-Ramirez pleaded guilty to abusive sexual contact with a minor.
According to the plea agreement, on or between September 2007 and November 2009, Aguilar-Ramirez, a foster father, had engaged in sexual contact with the minor victim, who was a member of the Colorado River Indian Tribes.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-0922-PHX-ROS
RELEASE NUMBER: 2012-033_ Aguilar-RamirezFor 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.Las Vegas Man Sentenced to 180 Months for Transportation of A Minor with Intent to Engage in Criminal Sexual ActivityRead the Press Release
TUCSON, Ariz. – On June 2, 2014, Keith Deshawn Anderson, 39, of Las Vegas, Nev. was sentenced by Chief U.S. District Judge Raner C. Collins to 180 months imprisonment followed by five years of supervised release after having been found guilty by a federal jury on Nov. 12, 2013, of four counts of transportation of a minor with intent to engage in criminal sexual activity
The evidence at trial showed that the defendant transported a female minor from Arizona to Nevada multiple times for several months during 2011 and 2012 with the intent that the minor engage in criminal sexual activity with the defendant.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 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 Federal Bureau of Investigation and the Sierra Vista Police Department. The prosecution was handled by Nicole Savel and Karen Rolley, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-12-0914-TUC-RCC (CRP)
RELEASE NUMBER: 2014-031_AndersonFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Arizona U.S. Attorney Statement- Significant Policy Shift Concerning Electronic Recording of StatementsRead the Press Release
PHOENIX – Today, following Attorney General Holder’s announcement of significant policy shift concerning electronic recording of statements, United States Attorney John S. Leonardo offers the following statement:
“In announcing a new Department of Justice policy today that statements made by individuals in federal custody between arrest and their initial court appearance will be electronically recorded, the Attorney General has taken a positive step in bringing added transparency to federal law enforcement. Such recordings will serve to ensure accountability and promote public confidence in federal law enforcement. Federal agents and prosecutors in Arizona and throughout the country are committed to due process and the rigorous, evenhanded enforcement of the law. This new policy reaffirms this commitment and strengthens the fairness that all Americans expect and deserve in their criminal justice system.”
RELEASE NUMBER: 2014-030_USA_Statement-Electronic_RecordingsFor 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 and updates.U.S. Attorney Announces Take 25 Child Safety Event in PhoenixRead the Press Release
PHOENIX - 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. “Especially in light of recent events arising from abductions, 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 events will assist families in keeping their children safe.”
Since 1983, May 25th has been observed as National Missing Children’s Day. In conjunction with observance of this year’s National Missing Children’s Day, the United States Attorney’s Office in partnership with our city, state, and federal agencies will offer a Take 25 child safety event. This year’s event will be held on Friday, May 30, 2014, at the Desert Ridge Marketplace in North Phoenix from 11:00 a.m. to 2:00 p.m. Digital child identification kits will be provided free of charge. 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.
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: 2014-29_Take_25_Phoenix
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Arkansas-based Man, Responsible for over 800 Illegal Aliens Smuggled into Arizona from Mexico, Sentenced to Federal PrisonRead the Press Release
PHOENIX – On May 7, 2014, Rony Abimael Gonzalez-Herrera, 37, from Guatemala, was sentenced by U.S. District Judge John A. Jarvey to 57 months in federal custody. Gonzalez had pled guilty on Jan. 9, 2014, to conspiracy to transport and harbor illegal aliens.
Beginning in 2012 and continuing through April of 2013, Gonzalez, the leader of the alien smuggling organization based in Little Rock, Ark., and his associates, were responsible for illegally transporting and harboring at least 827 illegal aliens into the United States from Mexico. Gonzalez utilized multiple stash houses in the Phoenix area, including one discovered in January 2013 with over 40 illegal aliens. The organization also coordinated the illegal transportation of undocumented persons throughout the United States by significantly overloading vehicles.
On May 13, 2013, Homeland Security Investigations (HSI) agents in Little Rock, Ark., arrested Gonzalez and seized four cell phones which Gonzalez had utilized to contact his alien smugglers and illegal aliens’ families to make payments on behalf of their relatives.
Families of the illegal aliens reported that Gonzalez directed them to deposit the smuggling fees into specific bank accounts. After one illegal alien was apprehended by law enforcement, his family members contacted Gonzalez to request he return the smuggling fees. Gonzalez told the family that “your family will pay if you keep asking for the money.”
The investigation in this case was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Phoenix and Little Rock. The prosecution was handled by Kristen Brook, Assistant U.S. Attorney, District of Arizona, Phoenix
CASE NUMBER: CR13-1141-PHX-NVW
RELEASE NUMBER: 2014-028_Gonzalez-HerreraFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Hualapai Man Sentenced to 165 Months in Prison for Domestic Violence AssaultsRead the Press Release
PHOENIX – On May 5, 2014, Valance Ray Smith, Sr., 46, of Peach Springs, Ariz. was sentenced by U.S. District Judge G. Murray Snow to a total of 165 months in prison on two counts of assault with a dangerous weapon and one count of assault resulting in serious bodily injury. Smith was found guilty by a federal jury on Jan. 9, 2014.
The evidence at trial indicated that Smith assaulted the victim on two separate occasions;onJuly 8, 2011 Smith stabbed the victim in a domestic violence situation causing her to sustain injuries, and on Sept. 29, 2012, Smith beat the victim with a metal pipe causing her to suffer serious bodily injuries.
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 and Dimitra H. Sampson, Assistant U.S. Attorneys, District of Arizona, Phoenix.CASE NUMBER: CR-2013-8043-PCT-GMS
RELEASE NUMBER: 2014-027_SmithFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Alien Smuggler Sentenced to 15 Years for Bringing in Illegal Aliens Resulting in Two DeathsRead the Press Release
TUCSON, Ariz. – On April 28, 2014, Marcos Soto-Mendoza, 43, of Tonalisco, Nayarit, Mexico, was sentenced to 15 years in federal prison followed by three years of supervised release. The sentence was imposed by District Court Judge Cindy K. Jorgenson. On April 12, 2013, Soto-Mendoza was found guilty by a jury of five counts of bringing in an illegal alien for profit.
On June 29, 2011, Border Patrol agents responded to a citizen’s call in regard to a distressed suspected illegal alien in the Village of Pisinemo, on the Tohono O’odham Nation. Border Patrol agents made contact with Abad Uriostegui-Uriostegui who stated that he had illegally entered the United States with a group of five other individuals who were in distress out in the desert. Agents proceeded to the location in the desert where Uriostegui-Uriostegui had last seen his companions and located five additional individuals. Three living persons, the defendant Marcos Soto-Mendoza, Juan Garcia-Delgado, and Marcos Mojica-Lagunas, were found in a highly distressed and dehydrated state. Two other members of the group already had died from exposure to the extreme summer conditions.
Soto-Mendoza, Garcia-Delgado, and Mojica-Lagunas were all determined to be citizens of Mexico who had illegally entered the United States. Upon questioning, Soto-Mendoza was identified as their guide, to whom they agreed to pay between $2,200 and $2,500 per person.
On several occasions after illegally entering the United States, Soto-Mendoza informed the group that they would be resupplied with water at a ranch. However, he never led them to a water source and had them continue to walk through the desert. One of the deceased asked Soto-Mendoza to use his cell phone to call for help as the group had little to no water and were suffering from dehydration, but he told her no. At the direction of Soto-Mendoza, the group continued to walk until either (1) they no longer could or (2) they broke off on their own to look for water and/or help.
The investigation in this case was conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Sells, U.S. Border Patrol, and the Tohono O'odham Police Department. The prosecution was handled by David Savel and Arturo Aguilar, District of Arizona, Tucson.CASE NUMBER: CR-11-2628
RELEASE NUMBER: 2014-026_Soto-MendozaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Supai Man Sentenced to 96 Months in Prison for Aggravated Sexual AbuseRead the Press Release
PHOENIX – On April 28, 2014, David Wayne Old Mouse, 24, of Supai, Ariz., of the Havasupai Indian Reservation, was sentenced by U.S. District Judge G. Murray Snow to 96 months in prison followed by five months of supervised release. Old Mouse previously pleaded guilty to one count of aggravated sexual abuse.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Christine Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-08227-PCT-DGC-1
RELEASE NUMBER: 2014-025_Old_MouseFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Tucson Man Sentenced to 297 Months in Prison for Producing Child PornographyRead the Press Release
TUCSON, Ariz. – On April 23, 2014, Lance Robert Fries, 43, of Tucson, was sentenced by U.S. District Judge Jennifer G. Zipps to 297 months imprisonment as a result of his guilty plea on Oct. 2, 2013, to two counts of production of child pornographyFries’ 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.
Fries was indicted on Jan. 30, 2013, by a federal Grand Jury after an investigation revealed that Fries sexually abused a toddler multiple times, and allowed the abuse to be watched by others via webcam over the internet. Videos memorializing the abuse were discovered in two separate child exploitation investigations involving other defendants in Oregon and Florida.
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 U.S. Immigration Enforcement (ICE), Homeland Security Investigations, Tucson. The prosecution was handled by Carmen F. Corbin and Carin C. Duryee, District of Arizona, Tucson.
CASE NUMBER: CR-13-0146-TUC-JGZ
RELEASE NUMBER: 2014-024_Fries
# # #For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Whiteriver Man Sentenced to 14 Years in Prison for Domestic Violence AssaultRead the Press Release
PHOENIX– On April 8, 2014, Ronald Josh Lupe, 27, of Whiteriver, Ariz. was sentenced by U.S. District Judge Paul G. Rosenblatt to 14 years imprisonment. Lupe pleaded guilty on Dec. 9, 2013 to two counts of assault resulting in serious bodily injury
During Lupe’s approximately two year relationship with his girlfriend, he physically abused her on multiple occasions. The victim was hospitalized a number of times as a result of Lupe’s abuse, resulting in her sustaining serious bodily injury.
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-2013-08026-PCT-PGR
RELEASE NUMBER: 2013-023_LupeFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Federal Designer Drug Manufacturers and Dealers Sentenced to ImprisonmentRead the Press Release
PHOENIX – On April 2, 2014, Nicholas Pascal Zizzo, 27, of Phoenix was sentenced by U.S. District Judge David G. Campbell to 54 months imprisonment and ordered to forfeit approximately $1.3 million dollars and a business located at 1540 West Hatcher Road, Phoenix, after Zizzo pled guilty to conspiracy to manufacture and distribute controlled substance analogues.
A controlled substance analogue is a substance that is specifically intended for human consumption and is also substantially similar in chemical structure, pharmacological effect, or intended effect to drugs already scheduled under the Controlled Substances Act, like cocaine, methamphetamine, or methylenedioxypyrovalerone (MDPV).
According to Court documents, records, and testimony, Zizzo owned Consortium Distribution in Phoenix., from early 2011 through July of 2012. Consortium manufactured designer or synthetic drugs, called “Eight Ballz Bath Salts” and “Eight Ballz Ultra Premium Glass Cleaner.” These designer drugs had powerful cocaine and methamphetamine-like effects, were manufactured with raw chemicals imported from China and domestically, and were specifically designed to get people high, but were nevertheless intentionally and fictitiously mislabeled as innocuous household products in an attempt to circumvent federal consumer and drug laws. These products were then distributed and sold for great profit to “smoke shops,” independent gas stations, and convenient stores across the United States. Individual users would often purchase a ½ gram of these designer drugs for up to $60.00 and would snort, smoke, or inject these drugs in order to get a cocaine or methamphetamine-like high.
Zizzo was part of a larger nine defendant investigation and case that included co-defendant Michael Rocky Lane, who was found guilty by a jury after a 13 day trial in July 2013 of conspiracy to manufacture and distribute controlled substance analogues. Lane was previously sentenced to 15 years imprisonment by U.S. District Judge David G. Campbell and ordered to forfeit money and other items including vehicles and real estate. Lane was formerly an employee of Zizzo’s at Consortium Distribution before Lane left to open Dynamic Distribution in Tempe, Ariz., to directly compete with Consortium in the fall of 2011.
Additionally, on March 24, 2014, Andrew Scott Freeman, 27, of Minneapolis, Minn., was sentenced by U.S. District Judge David G. Campbell to 36 months imprisonment, after Freeman pled guilty to conspiracy to manufacture and distribute controlled substance analogues. According to Court documents, records, and testimony, Freeman worked as a salesman for Lane at Dynamic between April and July of 2012 and sold Dynamic’s designer drug products to stores and individuals across the United States. Prior to Freeman’s employment at Dynamic, Freeman owned Too Cool Glass Works in Minnesota, which manufactured glass smoking pipes, and also sold a powerful designer drug called “Bliss” bath salts. Freeman was captured by Chris Hansen in a May 2012 Dateline NBC expose on the dangers of “bath salts.” Freeman subsequently sold off his business to a chemical supplier in Minnesota before coming to Arizona and continued to work in the “bath salts” industry with Lane.
The operations at Consortium and Dynamic ceased on July 25, 2012, when the U.S. Drug Enforcement Administration executed a search warrant at those locations and arrested Zizzo, Lane, Freeman, and other designer drug salesmen and employees as part of Operation Log Jam. Operation Log Jam was a U.S. Department of Justice coordinated investigation of illicit designer or synthetic drug manufacturers and distributors across the United States.
The investigation in this case was conducted by the U.S. Drug Enforcement Administration and was assisted by the Arizona Department of Public Safety, the Phoenix Police Department, and the Buckeye Police Department. The prosecution was handled by Don Pashayan, Theresa Rassas, Monica Edelstein, and Mark Wenker, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-12-1419-PHX-DGC (LOA)
RELEASE NUMBER: 2014-021_Zizzo&FreemanFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Defendant Called “the Hacker” by Law Enforcement Sentenced to 68 Months and Ordered to Forfeit over $470,000Read the Press Release
PHOENIX – On April 7, 2014, Daniel David Rigmaiden, 34, formerly of Santa Clara, Calif., was sentenced by U.S. District Judge David G. Campbellto 68 months in custody (time served) and ordered to perform 100 hours of community service during a three-year term of supervised release. Restitution of over $395,000 was satisfied by the forfeiture and abandonment of Rigmaiden’s seized assets totaling over $470,000. Immediately prior to sentencing, Rigmaiden pleaded guilty to conspiracy, mail fraud and two counts of wire fraud.
“This sentence and asset forfeiture reflects the seriousness of Rigmaiden’s scheme to defraud the Internal Revenue Service,” stated U.S. Attorney John S. Leonardo. “The defendant tried to avoid apprehension through a sophisticated web of false identities, encryption, and anonymizing programs. Only through sustained collaboration and the coordination of the joint efforts of IRS-CI, FBI, USPIS and this office was Rigmaiden located and identified. The U.S. Attorney’s Office will continue to work with our law enforcement partners to identify and prosecute those who assume the identity of others in order to defraud the United States.”
“Tax-related scams are becoming more widespread and increasingly complicated, which is demonstrated by this case. IRS Criminal Investigation, along with our law enforcement partners, worked tenaciously to track down a sophisticated, tech savvy criminal, Daniel Rigmaiden, who had complete disregard and disrespect for the damage he inflicted on innocent victims and the American taxpayers,” said Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of Internal Revenue Service, Criminal Investigation.
“Individuals who participate in income tax fraud and identity theft of this magnitude should fully expect the FBI and its law enforcement partners to utilize all available resources to ensure they are brought to justice” said Douglas G. Price, Special Agent in Charge of the Phoenix Field Division of the Federal Bureau of Investigation.
“The successful prosecution in this complex case shows the commitment of the Postal Inspection Service to protect the public from criminal activity,” said Pete Zegarac, Inspector in Charge for the Phoenix Division of the Postal Inspection Service. “The Postal Inspection Service is proud to have partnered with the Department of Justice and fellow law enforcement agencies in this investigation.”
The investigation of Rigmaiden commenced in the fall of 2007 after the IRS began to detect a significant number of possibly related fraudulent tax returns. At that time, Rigmaiden’s identity and involvement were unknown. As a result, the investigation team referred to him as “The Hacker.” An undercover investigation ultimately led to his arrest and execution of search warrants in Northern California in August 2008. The searches revealed significant evidence related to a sophisticated scheme to obtain $5.2 million in tax refunds in the names of innocent third parties and deceased individuals. Rigmaiden ultimately caused the payment of approximately $1,904,321 in fraudulent refunds into accounts and debit cards controlled by him and his co-conspirators, as well as accounts controlled by undercover agents. Up until Rigmaiden’s arrest and identification through fingerprint analysis, his true identity was unknown to the investigation team. Through the team’s efforts, it was determined Rigmaiden had anonymously operated through the use of third-party computers throughout the United States, was involved in acquiring identity information of deceased and living individuals, including their social security numbers, and was using that information to conduct a complex electronic bulk tax filing scheme.
The investigation in this case was conducted by Internal Revenue Service – Criminal Investigation, Federal Bureau of Investigation, and U.S. Postal Inspection Service, with assistance from the Santa Clara, California, Police Department, Secret Service and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Frederick A. Battista, Peter S. Sexton, and James R. Knapp, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-08-810-001-PHX-DGC (LOA)
RELEASE NUMBER: 2014-022_RigmaidenFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Navajo Man Sentenced to 20 Years in Prison for Sexually Abusing 11 Year-old GirlRead the Press Release
PHOENIX. – On March 31, 2014, Henry Yazzie, 43, of Tuba City, Ariz., on the Navajo Nation, was sentenced by U.S. District Judge David G. Campbell to 20 years in prison followed by lifetime supervised release. Yazzie previously pleaded guilty to one count of abusive sexual contact of a minor.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Christine Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-08197-PCT-DGC
RELEASE NUMBER: 2014-020_YazzieFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Navajo Man Sentenced to Life in Prison for Sexually Abusing Three ChildrenRead the Press Release
PHOENIX– On March 31, 2014, Billy C. Young, 61, of Kayenta, Arizona, on the Navajo Nation, was sentenced by U.S. District Judge Stephen M. McNamee to life in prison. Young was found guilty by a federal jury on Jan. 15, 2014, of two counts of aggravated sexual abuse of a minor, one count of sexual abuse, and one count of sexual abuse of a minor.
U.S. Attorney John S. Leonardo stated, “Those who sexually abuse children rob them of their childhood and their innocence. This sentence ensures that Young will never again have the opportunity to harm another child.”The evidence at trial showed that Young molested three different girls, all under the age of 15 years old, over a 25 year period.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Christine Keller and Sharon Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-13-08084-PCT-SMM
RELEASE NUMBER: 2014-019_YoungFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Former Bank Teller Convicted of “inside Job” in Three Bank RobberiesRead the Press Release
PHOENIX –Joel Leon Thomas, Jr., 23, of El Mirage, Ariz., was found 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 by a federal jury in Phoenix. The case was tried before U.S. District Judge David G. Campbell from March 12-24, 2014. Thomas is being held in custody after trial. Sentencing is set before Judge Campbell on July 7, 2014.
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 banks Thomas 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 a hand-drawn diagram of a bank from the residences and cars of Thomas and others charged in the conspiracy. Five others were charged and pleaded guilty in the conspiracy.
The jury specifically found that in two of the bank robberies, a co-conspirator moved a victim bank employee against his consent, and that the co-conspirator brandished guns during the robbery.
A conviction for conspiracy to commit bank robbery carries a maximum penalty of five years, a $250,000 fine or both. A conviction for aid and abet armed bank robbery carries a minimum penalty of 10 years and a maximum penalty of 25 years, a $250,000 fine, or both. A conviction for aid and abet bank robbery carries a maximum penalty of 20 years, a $250,000 fine, or both. A first conviction for use of a firearm in furtherance of a crime of violence contains a minimum penalty of seven years in prison to a maximum penalty of life in prison, and a second conviction carries a minimum penalty of 25 years to a maximum penalty of life in prison, and both must be served consecutively to any prison term Thomas receives for the other crimes.
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: 2014-018_ThomasFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
New York Based Alien Smuggler and Associate Sentenced for Operating an Illegal Alien Smuggling Business in ArizonaRead the Press Release
PHOENIX– On March 17, 2014, Joel Mazariegos-Soto, 29, and Walfre David Perez-Jovel, 34, both from Guatemala, were sentenced by U.S. District Judge Susan R. Bolton after they pleaded guilty on Dec. 17, 2013, to conspiracy to commit money laundering and conspiracy to transport and harbor illegal aliens. Mazariegos-Soto was sentenced to 60 months in federal custody and Perez-Jovel was sentenced to 46 months in federal custody for their roles in laundering the proceeds of alien smuggling and harboring and transporting illegal aliens.
Joel Mazariegos-Soto, a leader of this alien smuggling organization, operated the illegal business from the assumed anonymity of Fonda, N.Y., where he also worked on a dairy farm. During just four months of this investigation, Mazariegos-Soto laundered more than $70,000. Mazariegos-Soto laundered the money by moving it through an illegal “funnel” account, requiring families of illegal aliens here in the United States to make deposits into a bank account, which would be accessed by his alien smugglers working in the Phoenix area. Mazariegos-Soto and his associates utilized multiple stash houses in the Phoenix area, including one discovered by agents with Homeland Security Investigations (HSI) in October 2012 containing over 27 illegal aliens and another found in January 2013 with over 40 illegal aliens.
On April 18, 2013, HSI Albany, N.Y. agents arrested Mazariegos-Soto near his residence in Fonda, N.Y.
Walfre David Perez-Jovel operated a stash house here in Phoenix of behalf of this illegal alien smuggling organization. Under surveillance from HSI, agents witnessed Perez-Jovel launder more than $16,000 in alien smuggling proceeds. Perez-Jovel not only harbored illegal aliens but also coordinated the illegal transportation of undocumented persons throughout the United States in a manner that was reckless and dangerous, by overloading vehicles and loading people into the luggage compartments of vans, to be moved across the United States.
On June 11, 2013, HSI West Palm Beach, Fla. agents arrested Perez-Jovel near Lake Worth, Fla. after he fled from Mesa, Ariz. in January 2013 following an HSI interdiction of over 40 illegal aliens from the stash house he operated in Mesa.
The investigation in this case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Phoenix, West Palm Beach, and HSI Albany. The prosecution was handled by Kristen Brook, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR13-898-PHX-SRB and CR13-955-PHX-SRB
RELEASE NUMBER: 2014-017_Mazaregios-Soto&Perez-JovelFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Laveen Man Sentenced to 46 Months in Prison for Assaulting Police OfficerRead the Press Release
PHOENIX – On March 17, 2014, Hanson Amos Jose, 31, of Laveen, Ariz, a member of the Gila River Indian Community, was sentenced by U.S. District Judge Linda Readeto 46 months in prison. Jose pleaded guilty on Oct. 25, 2013, to assault resulting in serious bodily injury.
On July 8, 2013, Gila River police officers were investigating a vehicle when they were approached by Jose. The police officers determined that Jose had an active tribal warrant for his arrest and attempted to arrest him. Jose forcefully resisted arrest by punching, kicking, and pushing the officers. During the assault, Jose tripped one of the police officers, fell on top of the officer, and broke the police officer’s ankle.
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-13-1172-PHX-NVW
RELEASE NUMBER: 2014-016_JoseFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Four Sentenced for Vee Quiva Casino Robbery AttemptRead the Press Release
PHOENIX – On March 5, 2014, Darvon Hibbler, 26, of Phoenix, was sentenced by U.S. District Judge James Carr to 24 months in prison. Hibbler pled guilty on Dec. 17, 2013, to conspiring to commit a robbery and theft. He was the final defendant to be sentenced in this attempted robbery of the Vee Quiva Casino on the Gila River Indian Community.
On May 31, 2013, Hibbler and Corey Wright, 42, of Phoenix, walked into the Vee Quiva Casino with the intent to steal money. Hibbler went up to the teller at the cashier’s cage and demanded money while Wright stood back as the lookout. Hibbler reached into his waistband as though he had a gun. Another teller saw what was happening and called for security. Hibbler and Wright left the casino without any money. Katrina Serna, 31, and Joseph Shope, 35, both of Laveen, Ariz., knew about the plan to rob the casino, failed to notify law enforcement, and helped Hibbler and Wright escape the casino after the robbery. On Feb. 14, 2014, Wright was sentenced to 14 months in prison for his part in the attempted robbery. Serna, on March 4, 2014, and Shope, on March 5, 2014, were each sentenced by U.S. District Judge James Carr to five years probation and four months home confinement for failing to report the conspiracy.
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, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-829-PHX-NVW
RELEASE NUMBER: 2014-015_HibblerFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Mexican Citizen Sentenced to 70 Years for Holding Illegal Aliens at Gun Point in DesertRead the Press Release
TUCSON, Ariz. – On March 5, 2014, Isabel Perez-Arellanez, 43, of Guasave, Sinaloa, Mexico, was sentenced by U.S. District Chief Judge Raner C. Collinsto 70 years imprisonment. Perez-Arellanez was found guilty by a federal jury on Nov. 21, 2013 of one count of conspiracy to commit hostage taking, three counts of hostage taking, four counts of possession of a firearm during and in relation to a crime of violence, and one count of illegal alien in possession of a firearm.
This prosecution and sentence demonstrate that armed defendants who prey on vulnerable border crossers will be apprehended, and will face severe consequences for their actions,” said John S. Leonardo, U.S. Attorney.
“This man thought he could use the rugged mountains of Southern Arizona as a place to conduct violent crimes out of reach of the rule of law. Thanks to the dedicated work of the U.S. Border Patrol agents who arrested him and the HSI special agents who investigated this case, he will now spend decades in a federal prison,” said Matt Allen, special agent in charge of ICE Homeland Security Investigations (HSI) Arizona. “Finding and bringing these modern-day bandits to justice is a top priority for HSI and our law enforcement partners.”
In March of 2012, Perez-Arellanez and two co-defendants encountered two Mexican nationals and one Guatemalan national who had become lost and separated from their smuggling groups in the remote Tumacacori Mountains, approximately 50 miles south of Tucson. The defendant held the three victims at gun point for two to three days, forcing the victims to contact family members living in the United States to extort money from them. Once the victims’ family members wired between $900 and $1500 to the defendants’ Western Union accounts in Mexico, the defendant abandoned the victims in the desert without food and water. Eventually, the three victims made their way to Interstate 19 and reported the crime to Border Patrol who apprehended the defendants as they traveled southbound towards Mexico. At the scene of the apprehension, agents found a loaded 9mm pistol and personal effects belonging to the victims.The investigation in this case was conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI) and the U.S. Border Patrol, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Rui Wang and Matthew C. Cassell, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-12-1025-TUC-RCC
RELEASE NUMBER: 2014-014_ Perez-ArellanezFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Gila River Man Sentenced to 10 YearsRead the Press Release
PHOENIX – On March 4, 2014, Aaron Lee Escarsega, 19, of Laveen, Ariz., a member of the Tohono O’odham Nation, was sentenced by U.S. District Judge James Carrto 120 months in prison, followed by a lifetime supervised release. Escarsega pled guilty on Dec. 18, 2013, 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 through 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 Federal Bureau of Investigation and the Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-1229-PHX-SRB
RELEASE NUMBER: 2014-013_EscarsegaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Parker Woman Sentenced to Five Years in Federal Prison for AssaultRead the Press Release
PHOENIX – On Feb. 24, 2014, Ginger Louise Scott Holmes, 44, of Parker, Ariz., an enrolled member of the Colorado River Indian Tribes, was sentenced by U.S. District Judge Susan R. Bolton to 60 months in prison followed by three years of supervised release resulting from her plea of guilty to assault resulting in serious bodily injury.
On March 16, 2013, Holmes was recklessly operating a motor vehicle at a high rate of speed, when she struck the minor victim who sustained serious bodily injuries.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-0944-PHX-SRB
RELEASE NUMBER: 2014-012_HolmesFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Navajo Man Sentenced to 204 Months in Prison for Sexual Assault of A Minor at the Boys and Girls ClubRead the Press Release
PHOENIX – On Feb. 18, 2014, Ty Colin Bia, 22, of Many Farms, Ariz., a member of the Navajo Nation, was sentenced by U.S. District Court Judge G. Murray Snow to 204 months in prison, followed by a lifetime term of supervised release. Bia is also required to register as a sex offender in compliance with federal, state and local laws.
In January 2013, the Federal Bureau of Investigation received a report that a Navajo man had been texting inappropriate messages to a minor. Through further investigation, agents determined that Bia, a staff member at the Boys and Girls Club, had sexually assaulted a juvenile female while she was under his care on the Navajo Nation Indian Reservation. Bia pled guilty on Nov. 13, 2013, to abusive sexual contact.
The investigation in this case was conducted by the Federal Bureau of Investigation, Gallup Resident Office. The prosecution was handled by Melissa B. Karlen, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-8085-PCT-GMS
RELEASE NUMBER: 2014-011_BiaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Honduran Man Sentenced to 27 Years in Prison for Sex Offenses Against Two Native American FemalesRead the Press Release
TUCSON, Ariz – On Feb. 7, 2014, Hernan Ramirez-Ortega, 39, of Honduras was sentenced by U.S. District Judge Cindy K. Jorgensonto 27 years in prison as the result of his guilty pleas to one count each of aggravated sexual abuse and abusive sexual contact. Ramirez-Ortega admitted sexually assaulting an 11-year-old Tohono O’odham girl in March of 2010 while he was living on the Tohono O’odham Nation, and sexually abusing another adult female who is a member of, and was living on, the Gila River Indian Reservation in August of 2010.
“The United States takes very seriously the victimization of Native American women. The nearly three year effort to bring Mr. Ramirez-Ortega to justice is a reflection of that resolute commitment,” said U.S. Attorney John S. Leonardo.
After Ramirez-Ortega completes his 27 year prison sentence, he will be immediately deported to Honduras. He will also be placed on 20 years of federal supervision, which includes a prohibition against his return to the United States.
The investigation in this case was conducted by the Tohono O’Odham Police Department and the Federal Bureau of Investigation. The prosecution was handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-11-2307-TUC-CKJ; CR-12-1295-TUC-CKJ
RELEASE NUMBER: 2014-010_Ramirez-OrtegaFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Pilot Projects Allow Tribal Prosecution of Non-Indian AbusersRead the Press Release
PASCUA YAQUI TRIBE OF ARIZONA TO BE ONE OF THREE TRIBES TO
IMPLEMENT SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION UNDER VAWA 2013
For the First Time in More Than Three DecadesWASHINGTON – The Pascua Yaqui Tribe of Arizona will be one of three American Indian tribes, joining the Umatilla Tribe of Oregon, and the Tulalip Tribe of Washington, to be the first in the nation to exercise special criminal jurisdiction over certain crimes of domestic and dating violence, regardless of the defendant’s Indian or non-Indian status, under a pilot project authorized by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013).
“This is just the latest step forward in this administration’s historic efforts to address the public safety crisis in Indian country. Every day, we’re working hard to strengthen partnerships with tribal leaders and confront shared challenges – particularly when it comes to protecting Indian women and girls from the shocking and unacceptably high rates of violence they too often face,” said Attorney General Eric Holder. “With the important new tools provided by the Violence Against Women Reauthorization Act of 2013, these critical pilot projects will facilitate the first tribal prosecutions of non-Indian perpetrators in recent times. This represents a significant victory for public safety and the rule of law, and a momentous step forward for tribal sovereignty and self-determination.”
“The VAWA Pilot Project provides the Pascua Yaqui Tribe the latitude to exercise a wider jurisdictional range to prosecute those who commit domestic violence crimes on the Pascua Yaqui Reservation,” stated U.S. Attorney John S. Leonardo. “The Pascua Yaqui now have the legal ability to prosecute such cases in tribal court without recourse to the federal courts thus affording the tribe more local control in its efforts to protect victims of domestic violence on its reservation. The Pascua Yaqui Tribe was one of only three tribes in the country chosen for this national pilot project, and I congratulate the Tribe on its implementation of this historic legislation.”
“Making the Pascua Yaqui Reservation safe and secure has been very important to the Pascua Yaqui Tribal Council. The Tribal Council has made stopping violence against Native American women a top priority issue. Our judicial system, like all other judicial systems, will now have the opportunity to address offenders for wrongs committed against our most vulnerable community members,” says Peter Yucupicio, Tribal Chairman. “We no longer have to simply stand by and watch our Native women be victimized with no recourse. I’m here to put the community on notice, perpetrators will be held accountable in the tribe’s own justice system,” adds Raymond Buelna, Councilmember and Chairman of the tribe’s Public Safety Committee.
Although the provisions authorizing the special jurisdiction take effect generally in March 2015, the law also gives the Attorney General discretion to grant a tribe’s request to exercise the jurisdiction earlier, through a voluntary pilot project. The authority to approve such requests has been delegated to Associate Attorney General Tony West. Associate Attorney General West today congratulated tribal leaders of the Pascua Yaqui Tribe of Arizona, the Umatilla Tribe of Oregon, and the Tulalip Tribe of Washington on this historic achievement in letters to the three tribes.
“The old jurisdictional scheme failed to adequately protect the public – particularly native women – with too many crimes going unprosecuted and unpunished amidst escalating violence in Indian Country,” stated Associate Attorney General West. “Our actions today mark an historic turning point. We believe that by certifying certain tribes to exercise jurisdiction over these crimes, we will help decrease domestic and dating violence in Indian Country, strengthen tribal capacity to administer justice and control crime, and ensure that perpetrators of sexual violence are held accountable for their criminal behavior.”
Since the Supreme Court’s 1978 opinion in Oliphant v. Suquamish Indian Tribe, tribes have been prohibited from exercising criminal jurisdiction over non-Indian defendants. This included domestic violence and dating violence committed by non-Indian abusers against their Indian spouses, intimate partners and dating partners. Even a violent crime committed by a non-Indian husband against his Indian wife, in the presence of her Indian children, in their home on the Indian reservation, could not be prosecuted by the tribe. In granting the pilot-project requests of the Pascua Yaqui, Umatilla, and Tulalip tribes today, the United States is recognizing and affirming the tribes’ inherent power to exercise “special domestic violence criminal jurisdiction” (SDVCJ) over all persons, regardless of their Indian or non-Indian status.
As described in the Department of Justice’s Final Notice on the pilot project, today’s decisions are based on a diligent, detailed review of application questionnaires submitted by the tribes in December 2013, along with excerpts of tribal laws, rules, and policies, and other relevant information. That review, conducted in close coordination with the Department of the Interior and after formal consultation with affected Indian tribes, led the Justice Department to determine that the criminal justice system in the Pascua Yaqui, Umatilla, and Tulalip tribes have adequate safeguards in place to fully protect defendants’ rights under the Indian Civil Rights Act of 1968, as amended by VAWA 2013.
The Department of Justice is posting notices of the pilot-project designation on the Tribal Justice and Safety Web site (www.justice.gov/tribal/) and in the Federal Register. In addition, each tribe’s application questionnaire and related tribal laws, rules, and policies will be posted on the Web site. These materials will serve as a resource for those tribes that may also wish to participate in the pilot project or to commence exercising SDVCJ in March 2015 or later, after the pilot project has concluded.
For more information on VAWA 2013, please visit www.justice.gov/tribal/vawa-tribal.html.
2014-009_VAWA
Tucson Tax Return Preparer Sentenced to Prison for False Return SchemeRead the Press Release
TUCSON, Ariz. – On Feb. 3, 2014, Margarita Gomez, 32, of Tucson, was sentenced by U.S. District Judge John A. Jarvey to 30 months imprisonment. Gomez pleaded guilty to corruptly endeavoring to obstruct and impede the due administration of the Internal Revenue Laws. Gomez was also ordered to pay $200,408 in restitution to the Internal Revenue Service (IRS).
Gomez operated a tax return preparation service (M & M Tax Service) in Tucson, Ariz., and conducted a scheme to obtain, and to aid others to obtain, the payment of more than $200,000 in federal tax refunds from the IRS through the preparation and filing of federal individual income tax returns that contained false refund claims. Gomez admitted to soliciting clients who did not have legal status to work or reside in the United States, preparing false W-7 Forms, and manufacturing other fraudulent documentation. Gomez also intentionally filed clients' federal individual income tax returns without signing the tax returns as the paid tax return preparer and directed certain federal income tax refunds issued to her clients to be transmitted to either her personal bank account or to a mail drop over which she had control.
The investigation in this case was conducted by the Internal Revenue Service, Criminal Investigation. The prosecution was handled by Mary Sue Feldmeier, Assistant U.S. Attorney, District of Arizona, Tucson, and Danny N. Roetzel, Trial Attorney, Department of Justice, Tax Division.
CASE NUMBER: CR-13-00621-TUC-JGZ
RELEASE NUMBER: 2014-008_GomezFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Tohono O’odham Man Sentenced to over 2 Years Prison for Stabbing of A Sells ManRead the Press Release
TUCSON, Ariz. –On Jan. 24, 2014, Darrell Scott Ortega, 26, of Tucson, Ariz., a member of the Tohono O’odham Nation, was sentenced by U.S. District Court Judge Cindy K. Jorgenson to 28 months in federal prison followed by three years of supervised release. Ortega pled guilty on July 23, 2013, to assault resulting in serious bodily injury.
This case involved the Nov. 5, 2011, stabbing of a Sells man, also a member of the Tohono O’odham Nation. The victim was at a social gathering at a residence in the Village of Kaka, when Ortega stabbed the victim in the abdomen.The investigation in this case was conducted by the Federal Bureau of Investigation and the Tohono O’odham Nation Police Department. The prosecution was handled by Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-12-1486-TUC-CKJ
RELEASE NUMBER: 2014-005_OrtegaATTACHMENT:2013-099_RuralMetro_Settlement Agreement (PDF)Read the Press Release
RURAL/METRO TO PAY $2.8 MILLION TO RESOLVE FALSE CLAIMS ALLEGATIONS
PHOENIX – Rural/Metro Corporation, a Delaware corporation that through its subsidiaries and affiliates provides private ambulance and fire protection services in Arizona and approximately 20 other states, has agreed to pay the United States $2,802,112 to resolve civil allegations that various Rural/Metro ambulance companies violated the federal False Claims Act by submitting false bills to Medicare.
“The need to protect federal funds, including the Medicare trust fund, from fraud, waste, and abuse has never been greater,” said U.S. Attorney John S. Leonardo. “The U.S. Attorney’s Office will continue to use the False Claims Act to pursue entities and individuals who improperly profit from federal dollars at the expense of the public. This settlement agreement is a substantial recovery for taxpayers and sends a clear message that the federal government will not stand idly by when its programs lose money due to false claims for payment.”The settlement agreement resolves allegations that from Jan. 1, 2007, through Dec. 31, 2011, various ambulance companies owned and operated by Rural/Metro—including SW General Inc., dba Southwest Ambulance; Southwest Ambulance of Casa Grande Inc., dba SWARA; and Southwest Ambulance of Tucson Inc., dba Kords Ambulance—billed Medicare for transporting patients from one hospital to another on an emergency basis when, in fact, the calls were not emergencies. The United States alleged that as a result of these false and “upcoded” claims, Medicare paid substantially more for the ambulance services than was warranted. The settlement is neither an admission of liability by Rural/Metro, nor is it a concession by the United States that its claims are not well founded.
Individuals with information regarding fraud, waste, or abuse related to Medicare or other federal programs are encouraged to file a complaint with the U.S. Attorney’s Office through the office’s website, http://www.justice.gov/usao/az/, or by calling (602) 514-7500.
RELEASE NUMBER: 2013-099_Rural/Metro
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Lead Synthetic Drug Dealer Sentenced to 15 Years in PrisonRead the Press Release
PHOENIX – On Dec. 17, 2013, Michael Rocky Lane, 52, of Scottsdale, Ariz., was sentenced by U.S. District Judge David G. Campbell to 180 months’ imprisonment, followed by five years of supervised release. Lane was found guilty by a federal jury on July 19, 2013 of two counts of conspiracy to manufacture and distribute a controlled substance analogue and one count of possession with the intent to distribute a controlled substance analogue.
“This sentence reflects the seriousness of manufacturing and distributing drug analogues,” stated U.S. Attorney John S. Leonardo. “The defendant tried to avoid prosecution by manufacturing chemically re-designed drugs to imitate the effects of illegal drugs. This is not only illegal, but very dangerous because the effects of the re-designed drugs are often unpredictable. The U.S. Attorney’s Office will continue to work with our law enforcement partners to prosecute such novel attempts to circumvent our drug laws.”
Evidence presented at trial proved that during the spring and summer of 2011, Lane was one of the lead sales personnel at Consortium Distribution (Consortium). Consortium was the manufacturer of “Eight Ballz Bath Salt,” which contained the powerful stimulant Methylenedioxypyrovalerone (MDPV), an analogue of the Schedule I controlled substance methcathinone.
In October of 2011, the DEA temporarily scheduled MDPV as a Schedule I controlled substance. Despite this scheduling, Consortium’s activities did not cease. Lane found replacement chemicals to be used in their next generation of “bath salts” products.
These replacement chemicals included, among others, MDPV analogues like Alph-Pyrrolidinopentiophenone (APVP) and Alpha-Pyrrolidinobutiophenone (APBP). The product was then re-named “Eight Ballz Ultra Premium Glass Cleaner.” Consortium manufactured this APVP product up until approximately May of 2012, at which time it ceased manufacturing “bath salts” products due to law enforcement investigations involving designer drugs.
Lane left Consortium around the fall of 2011 and started his own designer drug business, Dynamic Distribution (“Dynamic”). Dynamic’s main products were “Amped Lady Bug Attractant Exuberance Powder,” “White Water Rapid Lady Bug Attractant Exuberance Powder,” and “Snowman Glass Cleaner.” Lane was the mastermind behind Dynamic’s operations and employed approximately 20 individuals, who were involved in manufacturing, packaging, and distributing these designer drugs, and running its day-to-day operations.Evidence at trial showed that Dynamic’s “designer drugs” were powerful cocaine-like or methamphetamine-like stimulants that got people high, were marketed like other illicit drugs and were purposefully mislabeled in an effort to circumvent federal law. Lane was aware of all of this, but falsely assured many of his employees that his business was legitimate.
Dynamic made millions of dollars manufacturing and selling these products to smoke shops and individual users across the United States. The operations at Dynamic continued until July 25, 2012, when DEA executed a federal search warrant at Dynamic and arrested Lane at his residence.
The investigation in this case was conducted by the Drug Enforcement Administration. The prosecution was handled by Donald Pashayan, Theresa Rassas, Mark Wenker and Monica Edelstein, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-12-1419-PHX-DGC
RELEASE NUMBER: 2013-098_LaneFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Phoenix Drug Trafficker Sentenced to 25 Years PrisonRead the Press Release
PHOENIX – On Dec. 16, 2013, Ralph C. Moreno, 53, of Phoenix, was sentenced by Senior U.S. District Judge Roslyn O. Silver to 300 months (25 years) in prison followed by 10 years supervised release, and a $3000 fine. Judge Silver further ordered forfeiture of Moreno’s interest in a Stoeger .40 caliber handgun, a Bushmaster .223 caliber rifle, and $75,366 in U.S. currency. Moreno was found guilty by a federal jury on Sept. 18, 2013, of three felonies - conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and felon in possession of a firearm.
At trial, it was proven that Moreno sold methamphetamine at his Phoenix residence to persons who ultimately intended it to reach associates of the Arizona “Mexican Mafia,” a prison based gang. After a search warrant was obtained for Moreno’s residence, law enforcement found the two firearms listed above and drug proceeds amounting to $75,366 in cash. At the time he committed the offenses, Moreno had two prior state felony convictions for drug trafficking.
The investigation in this case was conducted by the Federal Bureau of Investigation, the Federal Bureau of Prisons, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Arizona Department of Public Safety, and the Arizona Department of Corrections. The prosecution was handled by Michael Lee and Brian Larson, Assistant U.S. Attorney’s, District of Arizona, Phoenix.
CASE NUMBER: CR-11-1865-PHX-ROS
RELEASE NUMBER: 2013-097_MorenoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Navajo Man Sentenced to 300 Months Prison for Producing Images of Child PornographyRead the Press Release
PHOENIX – On Dec. 11, 2013, Carl Carlson, 46, of Teesto, Arizona – a member of the Navajo Nation, was sentenced by U.S. District Judge James A. Teilborgto a total of 300 months in prison, followed by a lifetime term of supervised release. Carlson is also required to register as a sex offender in compliance with federal, state and local laws.
In January 2011, the Federal Bureau of Investigation received a report that a Navajo man was in possession of photographs of child pornography. Through further investigation, agents determined that Carlson had sexually assaulted several juvenile victims while they were under his care on the Navajo Nation Indian Reservation. Carlson took photographs while he sexually assaulted the children. He had these images developed and kept them until they were discovered and turned over to law enforcement. Carlson pled guilty on May 15, 2013, to Production of Child Pornography and Abusive Sexual Conduct.
The investigation in this case was conducted by the Federal Bureau of Investigation, Flagstaff Resident Office. The prosecution was handled by Melissa B. Karlen, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-8248-PHX-JAT
RELEASE NUMBER: 2013-096_CarlsonFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Bapchule Man Sentenced to 100 Months in Prison for Felon in Possession of A FirearmRead the Press Release
PHOENIX – On Dec.10, 2013, Mario Lee White, 27, a member of the Gila River Indian Community, was sentenced by U.S. District Judge James Carrto 100 months in prison after previously pleading guilty to two counts of felon in possession of a firearm on June 26, 2013.
On Jan. 22, 2013, White was driving a vehicle within the Ak-Chin Indian Community when he was pulled over for a traffic violation. Inside the vehicle officers found a firearm and drug paraphernalia. On March 6, 2013, White was driving a vehicle on the Gila River Indian Community when he fled from police at a high speed with two passengers in the vehicle. He eventually rolled the vehicle off the side of the road. Officers also found another firearm in the vehicle. White had previously been convicted of armed robbery and aid and abet.
The investigation in this case was conducted by the Federal Bureau of Investigation, the Ak-Chin Police Department, and Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-00367-PHX-NVW
RELEASE NUMBER: 2013-095_WhiteFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Hostage-takers Sentenced to PrisonRead the Press Release
PHOENIX – On Dec. 9, 2013, U.S. District Judge Susan R. Bolton sentenced Abel Doncel de la Torre-Gonzalez, 34, of Mexico D.F., Ed. De Mexico, MX, to seven years in prison for his role in a hostage taking. De la Torre was the last of three hostage takers sentenced to prison in this matter. Espiridion Pablo-Madrigal, 36, of San Juan Carapan, Michoacàn and Luis Bretado-Aragon, 19, of Concordia, Sinaloa, Mexico, were sentenced in November to ten and one-half years and six years imprisonment, respectively. All three had been indicted June 12, 2013, on charges of hostage taking, conspiracy to commit hostage taking, and use, carrying and brandishing a firearm during and in relation to a crime of violence.
U.S. Attorney John S. Leonardo reaffirmed the federal government’s commitment to prosecute human smugglers, especially those who employ violence and stated, “Federal law provides for significantly higher sentences for alien smugglers who engage in violence and use firearms as tools of their trade. We will use the statutory tools available to seek lengthy prison sentences for people who victimize their human cargo.”
The charges in the case stemmed from a human smuggling event in which the defendants raised the smuggling fees, threatened to kill the victims if the higher fees were not paid, and engaged in violent behavior toward the victims, who were in the process of being smuggled into the United States from Mexico.
The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, Homeland Security Investigations. The prosecution was handled byJoseph E. Koehler, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER : CR-13-835-PHX-SRB
RELEASE NUMBER: 2013-094_Pablo-Madrigal_etal.For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Former Tucson Business Man Sentenced to Additional Time for Possessing 24 Explosive DevicesRead the Press Release
TUCSON, Ariz. – On Dec. 6, 2013, Todd Russell Fries, 50, of Tucson, was sentenced by U.S. District Judge Cindy K. Jorgenson to 60 months in prison after he was found guilty by a federal jury on Aug. 13, 2013, of two counts of unlawful possession of unregistered destructive devices.Judge Jorgenson ordered that 20 months be served consecutive to the sentence of 151 months Fries previously received for unlawful possession and use of a chemical weapon.
Fries is currently serving a sentence of 151 months after being convicted in October 2012 of unlawful possession and use of a chemical weapon and providing false information to the FBI. The chemical weapon charges stemmed from an incident that occurred on Aug. 2, 2009, when two chlorine chemical devices were placed at the home of Fries’s former clients with whom he had a billing dispute. In that incident, the chlorine devices produced a massive cloud containing chlorine that enveloped a neighborhood on the northwest side of Tucson. As a result of the cloud, the neighborhood had to be evacuated. On May 13, 2011, during the course of the investigation of the chemical devices, the FBI executed a search warrant at Fries’s home in Tucson. During the search, agents discovered 24 explosive devices; three containing added fragmentation, in a bedroom located in Fries’s residence.
The investigation in this case was conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Firearms, Tobacco and Explosives, the Pima County Sheriff’s Department and the Pima Regional Bomb Squad. The prosecution was handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-11-01751-TUC-CKJ
RELEASE NUMBER: 2013-093_FriesFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Rio Rico Tax Return Preparer and Assistant Sentenced for Filing False ReturnsRead the Press Release
TUCSON, Ariz. – On Dec. 3, 2013, Imelda Arredondo, 37, of Rio Rico, Ariz., and Yadira Moreno, 35, of Nogales, Ariz., were sentenced by U.S. District Judge Cindy K. Jorgenson. Each pleaded guilty to conspiring to defraud the United States by filing false federal income tax returns. Moreno was sentenced to 12 months and 1 day imprisonment. Arredondo, who also pleaded guilty to aggravated identity theft, was sentenced to 15 months imprisonment for conspiring with Moreno to defraud the government and a consecutive two year term of imprisonment for aggravated identity theft.
Arredondo, a tax return preparer in Rio Rico, filed false individual federal income tax returns with the Internal Revenue Service for the tax years 2008 through 2010 which included false refunds in the amount of at least $186,561. Arredondo used her clients’ tax returns to file and receive the inflated federal tax refunds by falsely inflating her clients’ wages, adding false dependents, and using false filing status all without her clients’ knowledge or permission. Moreno, Arredondo’s sister, was her tax preparation assistant.
Arredondo was ordered to pay $191,702 in restitution, including $172,353 to the U.S. Treasury. Moreno was ordered to pay $113,213 in restitution, including $93,864.47 to the U.S. Treasury.
The investigation in this case was conducted by the Internal Revenue Service, Criminal Investigation Division. The prosecution was handled by Jane L. Westby, Assistant U.S. Attorney, District of Arizona, Tucson, and Danny N. Roetzel, Trial Attorney, Department of Justice, Tax Division.
CASE NUMBER: CR-4:13-CR-00151-CKJ-1
RELEASE NUMBER: 2013-092_Arredondo&MorenoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Final Defendant Sentenced in Major Federal Gang and Drug Operation on the Ft. Apache Indian ReservationRead the Press Release
PHOENIX – On Dec. 2, 2013, approximately 18 months following a large gang and drug sweep on the Ft. Apache Indian Reservation, the last of over 20 defendants was sentenced in federal district court. Brandon Kasey, 24, of Whiteriver, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 48 months imprisonment, with credit for time served, followed by three years of supervised release. A list of related defendants and court numbers is below.
This community impact investigation was led by the Federal Bureau of Investigation’s Northern Arizona Safe Streets Task Force. The investigation resulted in the successful federal prosecution of over 20 defendants for various charges, including drug trafficking and firearms violations, as well as gang-related assault charges and domestic violence charges. The individual sentences ranged from probation up to 15 years imprisonment.
The investigation resulted in the seizure of a number of vehicles; in excess of $100,000 in cash; over 100 firearms, mostly military style weapons; and the dismantling of Whiteriver’s most organized street gang, the Diamond Creek Boyz.
The Federal Bureau of Investigation received substantial assistance from the Arizona Department of Public Safety, the Bureau of Indian Affairs, the Drug Enforcement Administration, the Bureau of Alcohol Tobacco Firearms and Explosives, and the Flagstaff Police Department.
Name
CR #
Eric Altaha
12-8122- PCT-PGR
12-08114-PCT-NVW
Tashina Bonito
12-8137- PCT-NVW
David Boshane
12-8117- PCT-JAT
Ardy Cosay
12-8127- PCT-NVW
Arnold Cosay
12-8116- PCT-PGR
Robert Dayaye
12-8017- PCT-NVW
12-8098- PCT-GMSAmie Gloshay
12-8121- PCT-JAT
Feather Grimes
12-8139- PCT-GMS
Richard Grimes
12-8139- PCT-GMS
Robert Hinton
12-8098- PCT-GMS
Avalon Holden
12-8120- PCT-NVW
Jamie Johnson
12-8123- PCT-DGC
Renny Johnson
12-8123- PCT-DGC
Brandon Kasey
12-8098- PCT-GMS
12-8129- PCT-FJMCharles Larzelere
12-8124- PCT-JAT
Dakota Lupe
12-8125- PCT-GMS
Duane Massey
12-8128- PCT-GMS
12-8202- PCT-GMSMarcelena Minjarez
12-8126- PCT-DGC
Thomas Pacheco
12-8118- PCT-DGC
Estiven Quintana
12-8098- PCT-GMS
12-8115- PCT-GMS
12-8035- PCT-GMSChad Tessay
12-8110- PCT-JAT
Garrett Thompson
12-8189- PCT-GMS
RELEASE NUMBER: 2013-091a_Ft.ApacheTakedown
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Sacaton Man Sentenced to 37 Months in Prison for Domestic ViolenceRead the Press Release
PHOENIX – On Dec. 3, 2013, Lawrence Antonio Jackson, 22, a member of the Gila River Indian Community from Sacaton, Ariz., was sentenced by U.S. District Judge McKibbento 37 months in prison following a plea of guilty to domestic assault by a habitual offender on Sept. 16, 2013.
On April 9, 2013, within the Gila River Indian Community, Jackson threw a full can of beer at the side of the victim’s head, causing her to momentarily black out. He then cut her on the arms with a knife. Prior to this assault, Jackson had been twice convicted of domestic violence in the Tribal Court.
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-13-00856-PHX-NVW
RELEASE NUMBER: 2013-091_JacksonFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Navajo Man Sentenced to 188 Months Imprisonment for Armed Bank RobberyRead the Press Release
PHOENIX – On Dec. 2, 2013, Michael James, 42, of Tohatchi, N.M., was sentenced by U.S. District Judge Howard D. McKibbento 188-months imprisonment following his plea of guilty to armed bank robbery.
On May 17, 2013, James entered the First American Credit Union, located on the Navajo Indian Reservation in Window Rock, Ariz., and displayed a BB handgun to the bank tellers – demanding money. James was given the sum of $15,226.
The instant offense constituted James’ third felony conviction for a crime of violence.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Criminal Investigator’s Office in Window Rock, Ariz. The prosecution was handled by Cassie Bray Woo, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-8145-PCT-DGC
RELEASE NUMBER: 2013-090_JamesFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Three Hostage Takers Sentenced to at Least A Decade in PrisonRead the Press Release
PHOENIX – On Nov. 25, 2013, Francisco Javier Astorga-Velarde, 23, and Jose Pedro Soto-Valdez, 24, were sentenced by U.S. District Judge Susan R. Bolton to 12 years imprisonment. The third co-defendant, Noel Galindez-Marmolejo, 33, received a sentence of 10 years. All three defendants are citizens of Mexico and pleaded guilty in August 2013 to using a firearm during a crime of violence which, in this case, was hostage taking.
In late 2012, the defendants held undocumented aliens hostage at a residence in Phoenix while waiting for the aliens’ smuggling fees to be paid. The defendants increased the aliens’ smuggling fees and held them at gun point. The captors beat, pistol whipped and threatened to kill the hostages as well as broke one of the hostage’s fingers. One hostage stated a sexual assault occurred at the house.
The investigation in this case was conducted by the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations and the Phoenix Police Department. The prosecution was handled by Lisa E. Jennis, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-02104-PHX-SRB
RELEASE NUMBER: 2013-089_Astorga-VelardeFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Man Sentenced to 10 Years Prison for Beating Victim to Death with BatRead the Press Release
PHOENIX - On Nov. 25, 2013, Renfo Lee Woody, 30, of Many Farms, Ariz., a member of the Navajo Nation, was sentenced by U.S. District Judge Neil V. Wake to 10 years imprisonment following a guilty plea to voluntary manslaughter. Woody pleaded guilty to voluntary manslaughter on Aug. 27, 2013.
As part of the plea agreement, Woody admitted that he entered the victim’s home on the Navajo Nation Indian Reservation on April 5, 2013, and beat the victim in the head and body with an aluminum baseball bat. The victim died the next day from injuries sustained as a result of the beating.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Police Department. The prosecution was handled by Christine Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-08086-PCT-NVW
RELEASE NUMBER: 2013-088_WoodyFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Sells Man Sentenced to 6 ½ Years in Prison for Voluntary ManslaughterRead the Press Release
TUCSON, Ariz. – Alrick Michael Escalante, 21, of Sells, Ariz., and a member of the Tohono O’odham Nation, was sentenced to 6 ½ years prison on Monday, Nov. 18, 2013, following a guilty plea to voluntary manslaughterby U.S. District Judge David C. Bury. Escalante pled guilty to voluntary manslaughter on May 16, 2013.
As part of the plea agreement, Escalante admitted that in the early morning hours of July 24, 2011, in Sells, Ariz., on the Tohono O’odham Indian Nation, he stabbed the 22 year old victim, who died from a single stab wound.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Tohono O’odham Nation Police Department. The prosecution was handled by Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-12-1625-TUC-DCB (BGM)
RELEASE NUMBER: 2013-087_EscalanteFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Las Vegas Man Convicted of Transportation of A Minor with Intent to Engage in Criminal Sexual ActvityRead the Press Release
TUCSON, Ariz. – Keith Deshawn Anderson, 39, of Las Vegas, Nev. was found guilty of four counts of transportation of a minor with intent to engage in criminal sexual activityby a federal jury in Tucson on November 12, 2013. The case was tried before U.S. District Judge Raner C. Collins. The defendant is being held after trial. Sentencing is set before Judge Collins on January 21, 2014.
The evidence at trial showed that during 2011 and 2012 the defendant transported a female minor multiple times from Arizona to Nevada and engaged in statutory rape.
U.S. Attorney John S. Leonardo stated, "This conviction serves as a reminder that sexual predators exist in our communities and we all need to be more vigilant."
A conviction for transportation of a minor with intent to engage in criminal sexual activity carries a minimum mandatory term of ten years imprisonment up to life imprisonment, a maximum fine of $250,000, or both.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Sierra Vista Police Department. The prosecution was handled by Nicole Savel and Karen Rolley, Assistant U.S. Attorneys, District of Arizona, Tucson.CASE NUMBER: CR-12-0914-TUC-RCC (CRP)
RELEASE NUMBER: 2013-086_AndersonFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Suspended Border Patrol Agents Sentenced to PrisonRead the Press Release
TUCSON, Ariz. - On Nov. 12, 2013, United States District Court Judge Jennifer G. Zipps sentenced suspended Border Patrol Agents Dario Castillo, age 25, of Yuma, Ariz., and Ramon Zuniga, age 31, of San Luis, Ariz., to 24 months in prison, as a result of their convictions for civil rights offenses. Both were ordered to self-surrender for service of their sentence on or before Jan. 14, 2014.
On April 19, 2013, a federal jury in Tucson found Castillo guilty of four felony counts of deprivation of rights under color of law, and Zuniga guilty of four misdemeanor violations. The case was tried before Judge Zipps from April 8 through April 19, 2013.
“The United States Attorney’s Office will continue to hold accountable all federal law enforcement officers in Arizona who abuse their authority in violation of their oath of office,” said United States Attorney John S. Leonardo. “Violations of the law by those sworn to enforce it undermine public confidence in the entire criminal justice system and will not be tolerated. The sentences imposed today reinforce the fundamental principle that no one, including a law enforcement officer, is above the law.”
Evidence at trial showed that on Nov. 12, 2008, Zuniga and Castillo participated in a Border Patrol operation to track and contact border-crossers in Southern Arizona. At approximately 10:30 p.m., agents located a group of persons carrying backpacks containing marijuana. Most of these individuals fled, but four of the group were apprehended by the defendants and two other agents. During a search of the four, Zuniga discovered a small baggie of personal-use marijuana on one of them. He then shoved the marijuana into several of the victims’ mouths and yelled “cometela” (eat it). The defendants ordered the victims to take off their shoes, socks, jackets, and extra shirts, which the victims had layered to protect against the cold, leaving them barefoot and wearing a single layer of clothing. Defendant Castillo asked another agent for a cigarette lighter and then lit a fire which contained the victims’ shoes and clothing. Zuniga and Castillo then ordered the victims to run away, without shoes or socks, and wearing only a single layer of clothing. The four victims spent the night in the desert and were rescued the next morning by a Tribal Police Officer.
Following the completion of their prison sentences, each defendant will serve a three year term of supervised release.
The investigation in this case was conducted by the Department of Homeland Security’s Office of Inspector General. The prosecution was handled by Karen Rolley and Eric Markovich, Assistant United States Attorneys, District of Arizona, Tucson.
CASE NUMBER: 11-CR-02727-JGZ
RELEASE NUMBER: 2013-085_ Zuniga&CastilloFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Border Patrol Agent and State Prison Guard Sentenced to Lengthy Prison Terms for Bribery, Drug Trafficking, and Murder SchemeRead the Press Release
PHOENIX, Ariz. – On November 5, 2013, Ivhan Herrera-Chiang, 31, a former U.S. Border Patrol agent, and Michael Lopez-Garcia, 30, a former state prison guard, were sentenced by U.S. Senior District Court Judge Paul G. Rosenblatt to prison terms of 15 years and 9 years, respectively, for their involvement in a plot to provide sensitive information to drug traffickers and to arrange for the murder of an informant. Both defendants had previously pleaded guilty to various charges arising from the scheme.
First Assistant U.S. Attorney Elizabeth A. Strange stated, “These defendants engaged in a profound betrayal of the public trust. The U.S. Attorney’s Office, working with our law enforcement partners, will continue to strive to ensure the integrity of every officer entrusted with the safety of the public. These sentences send a powerful message that we will not tolerate corruption within the law enforcement ranks.”
"What began as a drug smuggling investigation quickly became more complex when HSI special agents learned a federal agent was misusing his position of trust to facilitate the commission of crimes," said Matt Allen, special agent in charge of ICE Homeland Security Investigations (HSI) Arizona. "While his actions are atypical of the dedication and integrity demonstrated by the vast majority of those who serve, this sentence should nonetheless send a message about the serious consequences facing those who would exploit their positions and violate that special trust.”
FBI Special Agent in Charge Douglas G. Price, Phoenix Division stated, "When those who are entrusted to uphold the law choose to betray the trust of the America people by committing bribery and drug trafficking it tarnishes the badge of those who honorably serve and protect our country. Today's sentencing illustrates that justice was served in this matter. The FBI will continue to work with of law enforcement partners to combat public corruption at all levels."
“The lengthy sentences given to these defendants are very appropriate given their egregious crimes. When those entrusted to uphold the law sink to the level of criminals they pursue for financial gain, it is a sad day for those of us in the law enforcement community," stated IRS Criminal Investigation Special Agent in Charge Dawn Mertz.
As acknowledged in their plea agreements, the defendants formed a “criminal partnership” to earn money by helping traffickers smuggle drugs and aliens into the United States. As part of this multi-year partnership, Lopez-Garcia personally smuggled nearly two pounds of methamphetamine into the country (by hiding the drugs under his prison guard uniform as he crossed through the Port of Entry) and also attempted to smuggle thirty kilograms of cocaine into the country. Herrera assisted Lopez-Garcia (in return for bribes) by providing him with sensitive information—including sensor maps, combinations to gates located near the Mexican border, computer records concerning prior drug seizures, and the location of Border Patrol units—to which Herrera had access by virtue of his employment as a Border Patrol Agent.
During the final stages of the partnership, Lopez-Garcia attempted to arrange for the murder of a government informant after becoming fearful that the informant might be able to provide incriminating information about his activities. As part of this plan, Lopez-Garcia obtained confidential information concerning the informant’s identity from Herrera and then relayed this information to his Mexican trafficking associates.
The investigation in this case was conducted by the Department of Homeland Security- Office of Inspector General, Homeland Security Investigations, Homeland Security Investigations-OPR, the Federal Bureau of Investigation, Customs and Border Protection-Office of Internal Affairs, and the Internal Revenue Service, Criminal Investigation. The prosecution was handled by Dominic Lanza, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-177-PHX-PGR RELEASE NUMBER: 2013-084_Herrera&Lopez
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Chandler Business Owner Sentenced to Prison for Committing Bank FraudRead the Press Release
PHOENIX - On Oct. 28, 2013, Gjergj Kol Mihilli, 61, of Gilbert, Ariz., was sentenced to 51 months in prison and ordered to pay $302,420.64 by U. S. District Judge G. Murray Snow. The defendant previously pled guilty to bank fraud and aggravated identity theft for concocting the following scheme:
Mihilli owned and operated the Mama Mia Panaderia store in Chandler, Ariz. Between May 2010 and June 2011, the Mihilli engaged in a check-kiting type scheme by creating thousands of fraudulent money orders for deposit into the Mama Mia Panaderia business account. The money orders were fraudulent and worthless because they were created without the receipt of actual cash from third parties and were made payable to fictitious payees. For many of the fraudulent money orders, Mihilli used the names of Hollywood celebrities, politicians, and professional sports figures. He routinely caused the fraudulent money orders to be deposited into his account for the purpose of artificially inflating the balance. During the life of the scheme, Mihilli created and deposited over 10,000 fraudulent money orders with an aggregate value of over $10,000,000.
The investigation in this case was conducted by the U.S. Immigration and Customs Enforcement (ICE) Department of Homeland Security, the U.S. Internal Revenue Service, and the SABR Task Force. The prosecution was handled by Assistant United States Attorney Raymond K. Woo, District of Arizona, Phoenix.CASE NUMBER: CR-12-1794-PHX-GMS
RELEASE NUMBER: 2013-083_MihilliFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Phoenix Man Sentenced to Prison for Commercial Loan FraudRead the Press Release
PHOENIX - On Oct. 28, 2013, Joseph N. Gagliano, 45, of Phoenix, was sentenced to 30 months in prison and ordered to pay $2,903,010.26 in restitution by U.S. District Court Judge G. Murray Snow.
First Assistant U.S. Attorney Elizabeth A. Strange highlighted the significance of this sentence: “These loans should have gone to qualified small business owners in need of financial support. The defendant’s fraudulent conduct denied small business owners the opportunity to obtain access to capital in a difficult economy, and the United States Attorney’s Office will continue to investigate and prosecute such borrowers who obtain SBA loans through fraud.”
“Corrupt borrowers who attempt to defraud SBA=s loan programs will be aggressively pursued by our office,” said SBA Inspector General Peggy E. Gustafson. “This successful investigation and prison sentence demonstrates our commitment to insure that SBA loans are only disbursed to deserving small businesses helping to grow our economy. We appreciate the leadership of the U.S. Attorney=s Office and the support of the FBI to bring this indictment forward.”
The case against Gagliano was based on an investigation by the SBA-OIG and FBI. Between June 2006 and July 2010, Gagliano sought a SBA loan for a car wash located in Chandler and mortgage loans for residential real estate located in Scottsdale and Phoenix. He submitted loan applications that falsely misrepresented that his father, who has the same name, was the actual borrower, and also made misrepresentations concerning his income, assets, liabilities and intent to occupy the residential properties as a primary residence. Gagliano also forged signatures, altered bank statements and submitted bogus lease agreements. The scheme to defraud resulted in nearly $3 million in losses to the Small Business Administration, Wells Fargo Bank, and JP Morgan Chase.
The investigation in this case was conducted by the Small Business Administration-Office of Inspector General and the Federal Bureau of Investigation. The prosecution was handled by Kevin M. Rapp Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-00364-PHX-GMS
RELEASE NUMBER: 2013-081_Gagliano# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/Navajo Man Sentenced to 141 Months for Home InvasionRead the Press Release
PHOENIX– On Oct. 25, 2013, Lee Kinder Tso, 51, of Many Farms, Ariz., and a member of the Navajo Nation, was sentenced by U.S. District Judge Neil V. Wake to 141 months in federal prison. He had previously pleaded guilty on March 15, 2013, to assault with a dangerous weapon and brandishing a firearm in furtherance of a crime of violence
On Feb. 3, 2012, Tso used his rifle to shoot two victims in the chest, causing serious injuries to the victims. He was angry with the victims because he believed they harmed his nephews earlier in the day. Tso and others drove to a residence and shot one victim in the chest after he answered the door. The second victim came out of a bedroom, and Tso also shot him in the chest. Both victims survived following lengthy hospitalizations and multiple surgeries.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Police Department. The prosecution was handled by Jennifer E. Green, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-08051-PHX-NVW
RELEASE NUMBER: 2013-082_TsoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Former Congressman Richard G. Renzi Sentenced for Extortion and Bribery in Illegal Federal Land SwapRead the Press Release
WASHINGTON – Former U.S. Congressman Rick Renzi was sentenced today to serve 36 months in prison following his June conviction by a federal jury in Tucson, Ariz., for extortion, bribery, insurance fraud, money laundering and racketeering. Renzi’s co-defendant, James Sandlin, was also sentenced today to serve 18 months in prison for his role in the extortion, bribery and money laundering scheme.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, First Assistant U.S. Attorney Elizabeth A. Strange of the District of Arizona, Special Agent in Charge Douglas G. Price of the FBI’s Phoenix Division, and Special Agent in Charge Dawn Mertz of the Internal Revenue Service – Criminal Investigation (IRS-CI) made the announcement following sentencing by Senior U.S. District Judge David C. Bury.
Renzi, 55, of Burke, Va., and Sandlin, 62, of Sherman, Texas, were convicted on June 11, 2013. Renzi was found guilty of 17 felony offenses including conspiracy, honest services wire fraud, extortion under color of official right, racketeering, money laundering and making false statements to insurance regulators. Sandlin was convicted of 13 felony offenses including conspiracy, honest services wire fraud, extortion under color of official right and money laundering.
“Mr. Renzi abused the power – and the corresponding trust – that comes with being a member of Congress by putting his own financial interests over the interests of the citizens he had sworn to serve,” said Acting Assistant Attorney General Raman. “He fleeced his own insurance company to fund his run for Congress, and then exploited his position for personal gain. Mr. Renzi’s conviction and today’s sentence demonstrate the Justice Department’s commitment to fighting corruption at the highest levels of government.”
“Former Congressman Renzi disregarded his oath to uphold the law, ignoring the interests of the people he was elected to serve in favor of his own interests,” stated First Assistant U.S. Attorney Strange. “The sentences imposed today reinforce the fundamental principle that no one, including an elected official, is above the law.”
“When our elected officials betray the trust of the American people it strikes at the very core of our democracy,” said FBI Special Agent in Charge Price. “The sentencing of former Congressman Rick Renzi illustrates the commitment by the FBI and our law enforcement partners to investigate and prosecute corruption at all levels. Today’s sentencing is a reminder that when a public official violates the public's trust they will be held accountable to the fullest extent of the law.”
“The public expects its elected officials to be honest, to be trustworthy and to show respect for the law," stated IRS Special Agent in Charge Mertz. “Those in public office should be held to a higher standard and are not exempt from criminal prosecution. The prison sentence imposed today should serve as a wake-up call to other public officials who believe there are no consequences for betraying the public trust.”
According to evidence at trial, Renzi, then a member of Congress from Arizona’s 1st Congressional District, promised in 2005 to use his legislative influence to profit from a federal land exchange that involved property owned by Sandlin, a real-estate investor.
At the time, Sandlin owed Renzi $700,000 in future payments from their business dealings, and Renzi threatened proponents of the land exchange that he would not support it unless they purchased Sandlin’s property in Cochise County, Ariz. When they refused, Renzi promised a second proponent of a land exchange that he would support the exchange if they purchased Sandlin’s property. According to an agreement reached in May 2005, Sandlin was paid $1 million in earnest money, out of which he paid $200,000 to Renzi. Just before Sandlin received the $1.6 million balance owed on the exchange, he paid an additional $533,000 to Renzi.
Evidence at trial further showed that from 2001 to 2003, Renzi engaged in insurance fraud by diverting his clients’ insurance premiums to fund his first campaign for Congress, and he subsequently sent false letters to his insurance customers and provided false statements to various state regulators who were investigating his activities.
This case was investigated by the FBI and the Internal Revenue Service – Criminal Investigation. The prosecution was handled by Trial Attorneys David Harbach and Sean Mulryne of the Department of Justice’s Public Integrity Section and Assistant U.S. Attorneys Gary Restaino and James Knapp of the District of Arizona.
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