District of Arizona

TUCSON, Ariz. – Caleb Alfred Tifft, 29, of Tucson, was arrested on May 8, 2024, on a federal indictment warrant by the Federal Bureau of Investigation’s Southern Arizona Violent Crime and Gang Task Force on charges of Cyberstalking and Transmitting Interstate Threats, for stalking and threatening a student at the University of Arizona.

On February 7, 2024, Tifft is alleged to have transmitted a threat in interstate commerce when he sent a message via Facebook Messenger to the victim, stating “Think I’ll just go rape and kill a girl at this point. I give up. I’m the bad guy.” The next day, Tifft was served with an Injunction Against Harassment, which prohibited contact with the victim. Tifft was also served with a 12-month Exclusionary Order from all University of Arizona properties.

Tifft continued to cyberstalk the victim when on March 1, 2024, he made an anonymous 911 call to the Pima County Sherriff’s Department (PCSD), stating that his friend had sent him a message that the friend was going to commit a mass shooting and that the friend was at the “[specific University of Arizona] building.” The call to PCSD was disconnected before it was able to be transferred to the University of Arizona Police Department (UAPD). However, PCSD provided the phone number to UAPD and UAPD recognized that the phone number belonged to Tifft.

Later that day, UAPD received a call from a Tucson Police Department dispatcher who transferred a 911 caller. A male caller, later identified as Tifft, told the UAPD dispatcher he was calling because a friend of his “sent some threatening messages about wanting to commit a mass shooting.” Tifft said the friend was “[the victim]” and confirmed the victim was at the “[specific University of Arizona] building.” The call was then disconnected. A UAPD officer familiar with Tifft from having interacted with him previously listened to the recorded call and determined the voice matched Tifft’s. The telephone number associated with the call was the same number used to contact the PCSD. Tifft turned himself in to the FBI on an indictment warrant.

A conviction for Cyberstalking and Transmitting Interstate Threats each carries a maximum penalty of five years in prison, a fine of $250,000, or both, and a maximum term of three years of supervised release.

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

The Federal Bureau of Investigation and the University of Arizona Police Department, as part of the FBI’s Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. Assistant U.S. Attorney Adam Rossi, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           CR-24-02373-TUC-SHR
RELEASE NUMBER:    2024-067_Tifft

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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TUCSON, Ariz. – Victoria Totten, 72, of Green Valley, was sentenced on Tuesday by United States District Judge Jennifer G. Zipps to 21 months in prison. Totten pleaded guilty to Mail Fraud on November 8, 2023.

For years, Totten defrauded many of her elderly clients while working as a licensed insurance agent. Totten fraudulently over-collected insurance premium payments by falsely representing the terms of the insurance policies to her clients. Totten falsely claimed that payments should be made in advance to lock in a lower rate. After receiving the funds, instead of transmitting the victims’ premium payments directly to the insurance companies, Totten misused large portions of the victims’ money for her own personal gain and to pay insurance premiums for other clients. To disguise her scheme, Totten used her P.O. box on insurance paperwork so correspondence from insurance companies went to Totten instead of the victims. As part of Totten’s sentence, the court ordered her to pay $114,781 in restitution.

The United States Secret Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-00282-JGZ
RELEASE NUMBER:    2024-066_Totten

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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U.S. Attorney’s Office honors fallen heroes Internal Revenue Service Special Agent Patrick Bauer and United States Border Patrol Agent Freddy Ortiz

PHOENIX, Ariz.— In honor of National Police Week, the Department of Justice will recognize the service and sacrifice of federal, state, local, and Tribal law enforcement. The week will be observed Saturday, May 11 through Friday, May 17, 2024.

“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland. “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most. Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them. The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”

“We need to carry forward the memories and legacies of our fallen colleagues,” said Gary Restaino, the United States Attorney for the District of Arizona. “Border Patrol Agent Ortiz, a Navy veteran, was vigilant in protecting our border at the Douglas Station. Special Agent Bauer, a veteran of the Arizona Air National Guard, worked to dismantle command and control of criminal organizations throughout his career with Internal Revenue Service, Criminal Investigations. Their names will shine eternally, etched in stone on the National Law Enforcement Officers Memorial in Washington, and also here in Phoenix at the State Capitol.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which falls on May 15 every year, specifically honors law enforcement officers killed or disabled in the line of duty.

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe.

On Monday, May 13, the names of more than 280 officers killed in the line of duty in 2024 who have been added to the wall at the National Law Enforcement Officers Memorial were read during a candlelight vigil. To view a recording of the livestream of this event, visit https://nleomf.org/memorial/programs/national-police-week-2024/candlelight-vigil/.

To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
 

RELEASE NUMBER:    2024-065_Police Week

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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TUCSON, Ariz. – Erik Alberto Beal, 26, of Oro Valley, was indicted by a federal grand jury in Tucson on May 1, 2024, on two counts of Assault of a Federal Officer with a Dangerous Weapon, that is, a Firearm, and Brandishing a Firearm During a Crime of Violence. 

The indictment alleges that, on April 11, 2024, in Nogales, Arizona, Beal assaulted a United States Border Patrol Agent with a firearm while the agent was on duty. Border Patrol agents were working near the United States-Mexico Border when a subject jumped the International Boundary Fence and ran onto a nearby property. The victim agent ran in search of the suspected undocumented non-citizen. During the search, Beal came out of a residence adjacent to the border fence and confronted the agent. Beal pointed his firearm, a Sig Sauer, Model P250, .45 caliber pistol, at the victim agent before eventually being subdued and arrested.

A conviction for Assault of a Federal Officer with a Dangerous Weapon carries a maximum penalty of 20 years in prison, a $250,000 fine, or both. A conviction for Brandishing a Firearm During a Crime of Violence carries a mandatory minimum sentence of seven years up to life imprisonment, a fine of $250,000 or both.

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

The Federal Bureau of Investigation, with the assistance of United States Customs and Border Protection’s Office of Professional Responsibility, is conducting the investigation in this case. Assistant U.S. Attorney Serra M. Tsethlikai, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:            CR-24-02352-TUC-SHR
RELEASE NUMBER:    2024-064_Beal

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.

The Justice Department unsealed charges, seizures, and other court-authorized actions to disrupt the illicit revenue generation efforts of the Democratic People’s Republic of Korea (DPRK or North Korea).

The charges include prosecutions of an Arizona woman, Ukrainian man, and three unidentified foreign nationals who allegedly participated in schemes to place overseas information technology (IT) workers—posing as U.S. citizens and residents—in remote positions at U.S. companies. 

As alleged in the court documents, DPRK has dispatched thousands of skilled IT workers around the world, who used stolen or borrowed U.S. persons’ identities to pose as domestic workers, infiltrate domestic companies’ networks, and raise revenue for North Korea. The schemes described in court documents involved defrauding over 300 U.S. companies using U.S. payment platforms and online job site accounts, proxy computers located in the United States, and witting and unwitting U.S. persons and entities. This announcement includes the largest case ever charged by the Justice Department involving this type of IT workers’ scheme.

Two criminal prosecutions brought by the U.S. Attorney’s Office for the District of Columbia, one in partnership with the Computer Crime and Intellectual Property Section of the Justice Department’s Criminal Division, were unsealed today. As part of the prosecutions, two defendants have been arrested and related seizures and search warrants have been executed in Washington, D.C., and other jurisdictions. The investigations were led by the FBI Phoenix and New York Field Offices and IRS Criminal Investigation (IRS-CI), and coordinated with five other FBI field offices and four other U.S. Attorneys’ Offices, producing arrests in the United States and Poland, the execution of five premises search warrants, and the seizure of illicitly obtained wages and a website domain.

“As alleged in the indictment, Chapman and her co-conspirators committed fraud and stole the identities of American citizens to enable individuals based overseas to pose as domestic, remote IT workers,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The charges in this case should be a wakeup call for American companies and government agencies that employ remote IT workers. These crimes benefitted the North Korean government, giving it a revenue stream and, in some instances, proprietary information stolen by the co-conspirators. The Criminal Division remains firm in its commitment to prosecute complex criminal schemes like this one.”

“Today’s announcement of charges and law enforcement action show our broad approach to attacking funding sources for North Korea across the United States,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We will continue to vigorously pursue cases against individuals, in the United States and abroad, that use U.S. financial systems to raise revenue for North Korea.” 

“On the surface, today’s allegations of wire fraud, identity theft, and money laundering may read like a typical white collar or economic crime scheme,” said Assistant Director Kevin Vorndran of the FBI’s Counterintelligence Division. “But what these allegations truly represent is a new high-tech campaign to evade U.S. sanctions, victimize U.S. businesses, and steal U.S. identities. The charges clearly demonstrate how the FBI and its partners will employ every resource at our disposal to bring to justice anyone who helps North Korea evade sanctions.”

An indictment was unsealed today in the District of Columbia against U.S. citizen Christina Marie Chapman, 49, of Litchfield Park, Arizona, related to her participation in a scheme to assist overseas IT workers—posing as U.S. citizens and residents—in working at more than 300 U.S. companies in remote IT positions. Chapman was arrested yesterday in Litchfield Park, Arizona.

As alleged in the indictment, Chapman and her co-conspirators’ scheme defrauded U.S. companies across myriad industries, including multiple well-known Fortune 500 companies, U.S. banks, and other financial service providers. The identities of more than 60 U.S. persons were compromised and used by IT workers related to Chapman’s cell.

In addition to Chapman, the indictment charged three foreign nationals with money laundering for their participation in the scheme. As alleged in the indictment, the department seized wages earned by more than 19 overseas IT workers and will seek forfeiture of the same.

Additionally, a criminal complaint was unsealed today in the District of Columbia charging Ukrainian national Oleksandr Didenko, 27, of Kyiv, with a separate years-long scheme to create fake accounts at U.S. IT job search platforms and with U.S.-based money service transmitters.

As alleged in the complaint, Didenko sold the accounts to overseas IT workers, some of whom he believed were North Korean, and the overseas IT workers used the false identities to apply for jobs with unsuspecting companies. Several U.S. persons had their identities used by IT workers related to Didenko’s cell, and evidence in the complaint showed that the overseas IT workers using Didenko’s services were also working with Chapman. Polish authorities arrested Didenko on May 6 at the request of the United States, which is seeking Didenko’s extradition from Poland.

Didenko’s company’s online domain, upworksell.com, was also seized today by the Justice Department pursuant to a court order, and all traffic diverted to the FBI.

Related to the above schemes, the FBI executed search warrants for U.S. based “laptop farms,” residences that hosted multiple laptops for overseas IT workers, wherein U.S.-based facilitators logged onto U.S. company computer networks and then allowed the overseas IT workers to remotely access those laptops through various software applications. The overseas IT workers used the laptop farms’ U.S. Internet Protocol addresses to make it appear as though they were operating inside the United States. Chapman’s residence was searched in October 2023 pursuant to a search warrant issued in the District of Arizona, resulting in evidence that is reflected in the indictment. Search warrants for four U.S. residences associated with laptop farms controlled by Didenko were issued in the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, and executed between May 8 and May 10.

Concurrent with today’s announcement, the U.S. Department of State announced a reward of up to $5 million for information related to Chapman’s coconspirators: John Doe 1, alias Jiho Han; John Doe 2, alias Haoran Xu; John Doe 3, alias Chunji Jin; and an unindicted coconspirator utilizing aliases “Zhonghua” and “Venechor S.”

Chapman Indictment, Money Seizures, and Premises Warrant

According to the indictment, the overseas IT workers associated with Chapman, many of whom were tied to North Korea, posed as U.S. citizens using the stolen, false, or borrowed identities of U.S. nationals, and applied for positions at U.S companies, causing the transmission of false documentation to the U.S. Department of Homeland Security (DHS). The overseas IT workers gained employment at U.S. companies, including at a top-five major television network, a Silicon Valley technology company, an aerospace manufacturer, an American car manufacturer, a luxury retail store, and a U.S.-hallmark media and entertainment company, all of which were Fortune 500 companies. Some of these companies were purposely targeted by a group of DPRK IT workers, who maintained postings for companies at which they wanted to insert IT workers.

Chapman ran a “laptop farm,” hosting the overseas IT workers’ computers inside her home so it appeared that the computers were located in the United States, and also received and forged payroll checks and received direct deposits of the overseas IT workers’ wages from the U.S. companies into her U.S. financial accounts. The overseas IT workers also attempted to gain employment and access to information at two different U.S. government agencies on three different occasions, although these efforts were generally unsuccessful. The overseas IT workers associated with Chapman’s cell were paid millions for their work, much of which has been falsely reported to the IRS and the Social Security Administration in the name of the actual U.S. persons whose identities were stolen or borrowed. Chapman also allegedly conspired with the John Doe defendants to commit money laundering by conducting financial transactions under aliases to receive money generated by the scheme and transfer those funds outside of the United States, in an attempt to hide that these were proceeds of the IT workers’ fraud.

Chapman and her co-conspirators allegedly compromised more than 60 identities of U.S. persons, impacted more than 300 U.S. companies, caused false information to be conveyed to DHS on more than 100 occasions, created false tax liabilities for more than 35 U.S. persons, and resulted in at least $6.8 million of revenue to be generated for the overseas IT workers. The department seized funds related to scheme from Chapman as well as wages and monies accrued by more than 19 overseas IT workers.

“Using the stolen identities of U.S. citizens is a crime by itself, but when you use those identities to procure employment for foreign nationals with ties to North Korea at hundreds of U.S. companies, you have compromised the national security of an entire nation,” said Chief Guy Ficco of IRS-CI. “For more than 100 years, IRS Criminal Investigation special agents have been following the money, and their financial expertise has once again stopped criminals in their tracks.”

Chapman is charged with conspiracy to defraud the United States, conspiracy to commit wire fraud, conspiracy to commit bank fraud, aggravated identity theft, conspiracy to commit identity fraud, conspiracy to launder monetary instruments, operating as an unlicensed money transmitting business, and unlawful employment of aliens. The John Does are charged with conspiracy to commit money laundering. If convicted, Chapman faces a maximum penalty of 97.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count, and the John Does face a maximum penalty of 20 years in prison.

The FBI Phoenix Field Office and IRS-CI Phoenix Field Office are investigating this case, with assistance from the FBI Chicago Field Office.

Assistant U.S. Attorney Karen P. Seifert for the District of Columbia and Trial Attorney Ashley R. Pungello of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting this case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas. The U.S. Attorney’s Office for the District of Arizona and Trial Attorney Gregory Nicosia of the National Security Division’s National Security Cyber Section also provided valuable assistance.

Didenko Complaint, Domain Seizure, and Premises Warrants

According to the criminal complaint, Didenko allegedly engaged in a multi-year scheme to create accounts at U.S.-based freelance IT job search platforms and with U.S. money service transmitters in the names of false identities, including identities of U.S. persons, and sold these accounts to overseas IT workers. Didenko ran a website, upworksell.com, which advertised creating, buying, and renting accounts at U.S. websites using false identities, and also advertised “Credit Card Rental” in the European Union and the United States and SIM card rental for cellular phones. Didenko allegedly offered a full array of services to allow an individual to pose under a false identity and market themselves for remote IT work with unsuspecting companies. As stated, Didenko’s domain was seized as part of the case.

According to the affidavit in support of the complaint, Didenko is alleged to have managed as many as approximately 871 “proxy” identities, provided proxy accounts for three freelance U.S. IT hiring platforms, and provided proxy accounts for three different U.S.-based money service transmitters. In coordination with his co-conspirators, Didenko facilitated the operation of at least three U.S.-based laptop farms, at one point hosting approximately 79 computers. Didenko sent or received $920,000 in U.S. dollar payments since July 2018.

Didenko acknowledged in messages that he believed he was assisting North Korean IT workers. One of Didenko’s overseas IT worker customers also requested that a laptop be sent from one of Didenko’s U.S. laptop farms to Chapman’s laptop farm, showing the interconnectivity of these cells within the DPRK overseas IT worker network. Search warrants of Didenko’s laptop farms were executed in early May.

If convicted, Didenko faces a maximum penalty of 67.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count.

The FBI New York Field Office is investigating this case. The FBI Norfolk and San Diego Field Offices and the Jefferson City, Tennessee, Resident Agency provided assistance in executing search warrants.

Assistant U.S. Attorneys Karen P. Seifert and Steven Wasserman for the District of Columbia are prosecuting the case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas and the U.S. Attorney’s Office for the District of Columbia. The U.S. Attorney’s Offices for the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, Justice Department’s Office of International Affairs, and Trial Attorney Jacques-Singer Emory of the National Security Division’s National Security Cyber Section provided valuable assistance as well.

***

The FBI, along with the Departments of State and Treasury, issued a May 2022 advisory to alert the international community, private sector, and public about the North Korea IT worker threat. Updated guidance was issued in October 2023 by the United States and the Republic of Korea (South Korea), which includes indicators to watch for that are consistent with North Korea IT worker fraud.

An indictment and a criminal complaint are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

WASHINGTON – The Justice Department unsealed charges, seizures, and other court-authorized actions to disrupt the illicit revenue generation efforts of the Democratic People’s Republic of Korea (DPRK or North Korea).

            The charges include prosecutions of an Arizona woman, Ukrainian man, and three unidentified foreign nationals who allegedly participated in schemes to place overseas information technology (IT) workers—posing as U.S. citizens and residents—in remote positions at U.S. companies. 

            As alleged in the court documents, DPRK has dispatched thousands of skilled IT workers around the world, who used stolen or borrowed U.S. persons’ identities to pose as domestic workers, infiltrate domestic companies’ networks, and raise revenue for North Korea. The schemes described in court documents involved defrauding over 300 U.S. companies using U.S. payment platforms and online job site accounts, proxy computers located in the United States, and witting and unwitting U.S. persons and entities. This announcement includes the largest case ever charged by the Justice Department involving this type of IT workers’ scheme.

            Two criminal prosecutions brought by the U.S. Attorney’s Office for the District of Columbia, one in partnership with the Computer Crime and Intellectual Property Section of the Justice Department’s Criminal Division, were unsealed today. As part of the prosecutions, two defendants have been arrested and related seizures and search warrants have been executed in Washington, D.C. and other jurisdictions. The investigations were led by the FBI Phoenix and New York Field Offices and IRS Criminal Investigations (IRS-CI), and coordinated with five other FBI field offices and four other U.S. Attorney’s Offices, producing arrests in the United States and Poland, the execution of five premises search warrants, and the seizure of illicitly obtained wages and a website domains.

            “As alleged in the indictment, Chapman and her co-conspirators committed fraud and stole the identities of American citizens to enable individuals based overseas to pose as domestic, remote IT workers,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The charges in this case should be a wakeup call for American companies and government agencies that employ remote IT workers. These crimes are alleged to have benefitted the North Korean government. The Criminal Division remains firm in its commitment to prosecute complex criminal schemes like this one.”

            “Today’s announcement of charges and law enforcement action show our broad approach to attacking funding sources for North Korea across the United States,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We will continue to vigorously pursue cases against individuals, in the United States and abroad, that use U.S. financial systems to raise revenue for North Korea.” 

            “On the surface, today’s allegations of wire fraud, identity theft, and money laundering may read like a typical white collar or economic crime scheme,” said Assistant Director Kevin Vorndran of the FBI’s Counterintelligence Division. “But what these allegations truly represent is a new high-tech campaign to evade U.S. sanctions, victimize U.S. businesses, and steal U.S. identities. The charges clearly demonstrate how the FBI and its partners will employ every resource at our disposal to bring to justice anyone who helps North Korea evade sanctions.”

            “The FBI has long-stated that cybersecurity is national security and this case is living proof of that,” said FBI Special Agent in Charge Akil Davis of the Phoenix Field Office. “That a woman living her quiet life in the outskirts of Phoenix can allegedly get so entangled in something like this clearly indicates our adversaries are getting more sophisticated and stealthier, so it’s critical that businesses and citizens be hyper-vigilant with their cyber activities.”

            “Today’s announcement exposes disturbing criminal ties to North Korea where fraudsters allegedly used stolen identities of U.S. citizens to infiltrate the U.S. job market as remote workers,” said IRS Criminal Investigation Acting Special Agent in Charge of the Phoenix Field Office Carissa Messick. “CI and our federal partners will remain vigilant in our efforts to expose criminal fraud schemes that jeopardize our national security.”

            “Oleksandr Didenko allegedly owned and operated U.S.-based online infrastructure as well as fraudulent and stolen U.S. persons’ identities for use by Information Technology workers in North Korea in an effort to evade sanctions,” said FBI Assistant Director Smith of the New York Field Office. “The arrest of Didenko demonstrates the FBI’s commitment to protecting the United States from threats posed by a hostile foreign actors, specifically the government of the  Democratic Peoples Republic of Korea. Didenko's arrest also sends a clear message to anyone who supports this type of brazen illegal activity the FBI and our global law enforcement partners will hold you accountable wherever you may be.”

            An indictment was unsealed today in the District of Columbia against U.S. citizen Christina Marie Chapman, 49, of Litchfield Park, Arizona, related to her participation in a scheme to assist overseas IT workers—posing as U.S. citizens and residents—in working at more than 300 U.S. companies in remote IT positions. Chapman was arrested yesterday in Litchfield Park, Arizona.

            As alleged in the indictment, Chapman and her co-conspirators’ scheme defrauded U.S. companies across myriad industries, including multiple well-known Fortune 500 companies, U.S. banks, and other financial service providers. The identities of more than 60 U.S. persons were compromised and used by IT workers related to Chapman’s cell.

            In addition to Chapman, the indictment charged three foreign nationals with money laundering for their participation in the scheme. As alleged in the indictment, the department seized wages earned by more than 19 overseas IT workers and will seek forfeiture of the same.

            Additionally, a criminal complaint was unsealed today in the District of Columbia charging Ukrainian national Oleksandr Didenko, 27, of Kyiv, with a separate years-long scheme to create fake accounts at U.S. IT job search platforms and with U.S.-based money service transmitters.

            As alleged in the complaint, Didenko sold the accounts to overseas IT workers, some of whom he believed were North Korean, and the overseas IT workers used the false identities to apply for jobs with unsuspecting companies. Several U.S. persons had their identities used by IT workers related to Didenko’s cell, and evidence in the complaint showed that the overseas IT workers using Didenko’s services were also working with Chapman. Polish authorities arrested Didenko on May 6 at the request of the United States, which is seeking Didenko’s extradition from Poland.

            Didenko’s company’s online domain, upworksell.com, was also seized today by the Justice Department pursuant to a court order, and all traffic diverted to the FBI.

            Related to the above schemes, the FBI executed search warrants for U.S. based “laptop farms,” residences that hosted multiple laptops for overseas IT workers, wherein U.S.-based facilitators logged onto U.S. company computer networks and then allowed the overseas IT workers to remotely access those laptops through various software applications. The overseas IT workers used the laptop farms’ U.S. Internet Protocol addresses to make it appear as though they were operating inside the United States. Chapman’s residence was searched in October 2023 pursuant to a search warrant issued in the District of Arizona, resulting in evidence that is reflected in the indictment. Search warrants for four U.S. residences associated with laptop farms controlled by Didenko were issued in the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, and executed between May 8 and May 10.

            Concurrent with today’s announcement, the U.S. Department of State announced a reward of up to $5 million for information related to Chapman’s coconspirators: John Doe 1, alias Jiho Han; John Doe 2, alias Haoran Xu; John Doe 3, alias Chunji Jin; and an unindicted coconspirator utilizing aliases “Zhonghua” and “Venechor S.”

Chapman Indictment, Money Seizures, and Premises Warrant

            According to the indictment, the overseas IT workers associated with Chapman, many of whom were tied to North Korea, posed as U.S. citizens using the stolen, false, or borrowed identities of U.S. nationals, and applied for positions at U.S companies, causing the transmission of false documentation to the U.S. Department of Homeland Security (DHS). The overseas IT workers gained employment at U.S. companies, including at a top-five major television network, a Silicon Valley technology company, an aerospace manufacturer, an American car manufacturer, a luxury retail store, and a U.S.-hallmark media and entertainment company, all of which were Fortune 500 companies. Some of these companies were purposely targeted by a group of DPRK IT workers, who maintained postings for companies at which they wanted to insert IT workers.

            Chapman ran a “laptop farm,” hosting the overseas IT workers’ computers inside her home so it appeared that the computers were located in the United States, and also received and forged payroll checks and received direct deposits of the overseas IT workers’ wages from the U.S. companies into her U.S. financial accounts. The overseas IT workers also attempted to gain employment and access to information at two different U.S. government agencies on three different occasions, although these efforts were generally unsuccessful. The overseas IT workers associated with Chapman’s cell were paid millions for their work, much of which has been falsely reported to the IRS and the Social Security Administration in the name of the actual U.S. persons whose identities were stolen or borrowed. Chapman also allegedly conspired with the John Doe defendants to commit money laundering by conducting financial transactions under aliases to receive money generated by the scheme and transfer those funds outside of the United States, in an attempt to hide that these were proceeds of the IT workers’ fraud.

            Chapman and her co-conspirators allegedly compromised more than 60 identities of U.S. persons, impacted more than 300 U.S. companies, caused false information to be conveyed to DHS on more than 100 occasions, created false tax liabilities for more than 35 U.S. persons, and resulted in at least $6.8 million of revenue to be generated for the overseas IT workers. The department seized funds related to scheme from Chapman as well as wages and monies accrued by more than 19 overseas IT workers.

            “Using the stolen identities of U.S. citizens is a crime by itself, but when you use those identities to procure employment for foreign nationals with ties to North Korea at hundreds of U.S. companies, you have compromised the national security of an entire nation,” said Chief Guy Ficco of IRS-CI. “For more than 100 years, IRS Criminal Investigation special agents have been following the money, and their financial expertise has once again stopped criminals in their tracks.”

            Chapman is charged with conspiracy to defraud the United States, conspiracy to commit wire fraud, conspiracy to commit bank fraud, aggravated identity theft, conspiracy to commit identity fraud, conspiracy to launder monetary instruments, operating as an unlicensed money transmitting business, and unlawful employment of aliens. The John Does are charged with conspiracy to commit money laundering. If convicted, Chapman faces a maximum penalty of 97.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count, and the John Does face a maximum penalty of 20 years in prison.

            The FBI Phoenix Field Office and IRS-CI Phoenix Field Office are investigating this case, with assistance from the FBI Chicago Field Office.

            Assistant U.S. Attorney Karen P. Seifert for the District of Columbia and Trial Attorney Ashley R. Pungello of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting this case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas. The U.S. Attorney’s Office for the District of Arizona and Trial Attorney Gregory Nicosia of the National Security Division’s National Security Cyber Section also provided valuable assistance.

Didenko Complaint, Domain Seizure, and Premises Warrants

            According to the criminal complaint, Didenko allegedly engaged in a multi-year scheme to create accounts at U.S.-based freelance IT job search platforms and with U.S. money service transmitters in the names of false identities, including identities of U.S. persons, and sold these accounts to overseas IT workers. Didenko ran a website, upworksell.com, which advertised creating, buying, and renting accounts at U.S. websites using false identities, and also advertised “Credit Card Rental” in the European Union and the United States and SIM card rental for cellular phones. Didenko allegedly offered a full array of services to allow an individual to pose under a false identity and market themselves for remote IT work with unsuspecting companies. As stated, Didenko’s domain was seized as part of the case.

            According to the affidavit in support of the complaint, Didenko is alleged to have managed as many as approximately 871 “proxy” identities, provided proxy accounts for three freelance U.S. IT hiring platforms, and provided proxy accounts for three different U.S.-based money service transmitters. In coordination with his co-conspirators, Didenko facilitated the operation of at least three U.S.-based laptop farms, at one point hosting approximately 79 computers. Didenko sent or received $920,000 in U.S. dollars payments since July 2018.

            Didenko acknowledged in messages that he believed he was assisting North Korean IT workers. One of Didenko’s overseas IT worker customers also requested that a laptop be sent from one of Didenko’s U.S. laptop farms to Chapman’s laptop farm, showing the interconnectivity of these cells within the DPRK overseas IT worker network. Search warrants of Didenko’s laptop farms were executed in early May 2024.

            If convicted, Didenko faces a maximum penalty of 67.5 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count.

            The FBI New York Field Office is investigating this case. The FBI Norfolk and San Diego Field Offices and the Jefferson City, Tennessee, Resident Agency provided assistance in executing search warrants.

            Assistant U.S. Attorneys Karen P. Seifert and Steven Wasserman for the District of Columbia are prosecuting the case, with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas and the U.S. Attorney’s Office for the District of Columbia. The U.S. Attorney’s Offices for the Southern District of California, Eastern District of Tennessee, and Eastern District of Virginia, Justice Department’s Office of International Affairs, and Trial Attorney Jacques Singer-Emery of the National Security Division’s National Security Cyber Section provided valuable assistance as well.

***

            The FBI, along with the Departments of State and Treasury, issued a May 2022 advisory to alert the international community, private sector, and public about the North Korea IT worker threat. Updated guidance was issued in October 2023 by the United States and the Republic of Korea (South Korea), which includes indicators to watch for that are consistent with North Korea IT worker fraud.

            An indictment and a criminal complaint are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

PHOENIX, Ariz. – Kendall Anagal, 41, of Chinle, was sentenced last week by United States District Judge Diane J. Humetewa to life in prison for multiple counts of child sexual abuse. 

On February 9, 2024, a federal jury found Anagal guilty of three counts of Aggravated Sexual Abuse and one count of Abusive Sexual Contact of a Child. Anagal repeatedly and violently sexually abused a child who, at the time of the abuse, was between nine and 10 years old. The victim reported these offenses when she was 17 years old; she did not disclose them earlier because she feared for her life.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Tracy Van Buskirk and Sharon K. Sexton, District of Arizona, Phoenix, handled the prosecution. 
 

CASE NUMBER:            CR-22-8113-PCT-DJH
RELEASE NUMBER:    2024-063_Anagal

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PHOENIX, Ariz. – Luis Angel Pulido, 22, of Rio Rancho, New Mexico, was indicted by a federal grand jury last week on one count of Possession with Intent to Distribute Fentanyl.

The indictment alleges that, on or about April 7, 2024, Pulido knowingly and intentionally possessed with the intent to distribute a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance. Pulido was stopped on Interstate 40, on the Navajo Nation Indian Reservation, in Sanders, Arizona, after committing civil traffic violations. During the traffic stop, a drug‑sniffing canine alerted on Pulido’s vehicle. Bureau of Indian Affairs officers searched the vehicle and discovered approximately 47 pounds of fentanyl pills hidden in the trunk.

Possession with Intent to Distribute Fentanyl carries a maximum sentence of 20 years in prison, a fine of up to $1,000,000, and up to lifetime supervised release.

Bureau of Indian Affairs is conducting the investigation in this case. Assistant U.S. Attorney Genevieve Ozark, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:            CR-24-08044-PCT-DWL
RELEASE NUMBER:    2024-061_Pulido

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PHOENIX, Ariz. – Keivin Crosswell-Cervantes, 27, of Mexico, was sentenced on April 29, 2024, by United States District Judge Steven P. Logan to 17 years in prison for Conspiracy to Distribute Fentanyl and Methamphetamine. Crosswell-Cervantes pleaded guilty to the charge on May 2, 2023.

Crosswell-Cervantes’ two co-conspirators both also pleaded guilty to Conspiracy to Distribute Fentanyl and Methamphetamine and were sentenced by Judge Logan. On September 20, 2023, Carlos Alberto Castro-Ruiz, 26, of Phoenix, was sentenced to 11 years and three months in prison. On November 13, 2023, Alexander Ortega-Islas, 22, of Phoenix, was sentenced to 12 years in prison.

The three co-conspirators all admitted that they delivered approximately 400,000 blue fentanyl pills, approximately 20,000 multi-colored fentanyl pills (“skittles”), and approximately 25 pounds of methamphetamine to undercover officers on September 22, 2022. Law enforcement officers also seized an AK-47-style pistol, a .45 caliber Kimber 1911 semi-automatic pistol with two magazines, and a .45 caliber FN semi-automatic pistol.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Homeland Security Investigations, Nogales, and the Drug Enforcement Administration, Nogales, conducted the investigation in this case. Assistant United States Attorney Matthew G. Eltringham, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-22-01295-PHX-SPL
RELEASE NUMBER:    2024-062_Crosswell-Cervantes

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PHOENIX, Ariz. – Nereo Mejia Gomez, Jr., 41, of Yuma, was indicted by a grand jury on Tuesday for a series of child pornography-related offenses, including Production of Child Pornography and multiple counts of Distributing and Possessing Child Pornography. Gomez also was indicted for Possession of an Unregistered Firearm; specifically, a short-barreled rifle. A federal Magistrate Judge ordered that Gomez be released pending trial. Gomez is an agent with the United States Customs and Border Protection’s Border Patrol.

The indictment alleges that, between November 2022 and March 2023, Gomez produced child pornography four times involving a girl who was ages 15 and 16. The indictment also alleges that Gomez distributed child pornography five times in February and March 2024 using a facility of interstate commerce and possessed child pornography and an unregistered firearm in April 2024. 

Production of Child Pornography carries a potential sentence of 15-30 years in prison, while each count of Distributing and Possessing Child Pornography carries a maximum sentence of 20 years in prison. Possession of an Unregistered Firearm carries a maximum penalty of 10 years in prison. All child exploitation counts also carry a potential fine of up to $250,000 and a lifetime term of supervised release.

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

Homeland Security Investigations is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution. The Yuma Sector of the Border Patrol has been cooperative in the investigation.

CASE NUMBER:            CR-24-00783-PHX-SMB
RELEASE NUMBER:    2024-060_Gomez

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TUCSON, Ariz. – Francisco Nicolas Orozco-Montijo, 28, a United States citizen residing in Nogales, Mexico, was sentenced on Wednesday by United States District Judge Rosemary Márquez to 63 months in prison, followed by 60 months of supervised release. Orozco-Montijo pleaded guilty to Importation of Fentanyl on February 5, 2024. 

In March 2023, Orozco-Montijo applied for entry into the United States from Mexico via the DeConcini Port of Entry in Nogales, Arizona. During a search of his vehicle, Customs and Border Protection agents discovered over 50 kilograms of fentanyl concealed within the spare tire and rear quarter panels of the car.

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

CASE NUMBER:            CR-23-00943-TUC-RM
RELEASE NUMBER:    2024-059_Orozco-Montijo

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United States Attorney’s Office for the District of Arizona Participates in Multiple Events Across the State for Missing or Murdered Indigenous Persons Awareness Day

PHOENIX, Ariz. – The Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native (AI/AN) communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (MMIP) Awareness Day. 

In recognition of MMIP Awareness Day, Attorney General Merrick B. Garland highlighted ongoing efforts to tackle the MMIP and human trafficking crises in American Indian and Alaska Native communities, and other pressing public safety challenges, like the fentanyl crisis, in Tribal communities.

“There is still so much more to do in the face of persistently high levels of violence that Tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Merrick B. Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with Tribal communities as we seek to end this crisis.”

“Missing Indigenous Persons cases require more from us as prosecutors,” said United States Attorney Gary Restaino. “The uncertainty caused in a missing persons case can exacerbate trauma for family and friends. We need to rethink how and what we can share with next of kin so that we can promote better outcomes, support greater sensitivity to Tribal customs and culture, and instill greater confidence in the results of investigations.”

“The FBI remains unwavering in our pledge to work with our law enforcement partners to address the violence that has disproportionately harmed Tribal communities and families,” said FBI Director Christopher Wray. “We will continue to prioritize our support of victims and will steadfastly pursue investigations into the crime impacting American Indian and Alaska Native communities.”

“DEA’s top priority is protecting all communities from deadly drugs, like fentanyl, and drug related violent crime,” said DEA Administrator Anne Milgram. “We know that no community has been spared from these deadly threats and we are committed to keeping Tribal communities safe.”

Justice Department Prioritization of MMIP Cases

Last July, the Justice Department announced the creation of the MMIP Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions. In the Southwest, the District of Arizona is currently in the process of hiring the region’s Coordinator, and the District of New Mexico has already hired a lawyer to assist in regional efforts.

To commemorate MMIP Awareness Day and honor victims, U.S. Attorney Gary Restaino, AUSA Kiyoko Patterson, and victim advocates from the U.S. Attorney’s Office will participate in an MMIP Awareness event at the Arizona State Capitol in Phoenix on May 4. On May 2, members of the U.S. Attorney’s Office participated in the 3rd Annual National Missing and Murdered Indigenous Peoples Day of Awareness Symposium at the University of Arizona.

The MMIP regional outreach program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and Respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons, issued in July 2022.

Not Invisible Act Commission Response

The Department’s work to respond to the MMIP crisis is a whole-of-department effort. In March, the Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission’s (NIAC) recommendations on how to combat the MMIP and human trafficking crises. The response to the NIAC, announced by Attorney General Garland during a visit to the Crow Nation, recognizes that more must be done across the federal government to resolve this longstanding crisis and support healing from the generational traumas that Indigenous peoples have endured throughout the history of the United States. 

Addressing Violent Crime and the Fentanyl Crisis in Indian Country

As noted in the joint response to the NIAC, research suggests that certain public safety challenges faced by many American Indian and Alaska Native communities—including disproportionate violence against women, families, and children; substance abuse; drug trafficking; and labor and sex trafficking—can influence the rates of missing AI/AN persons.

Further, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian county, where drug-related overdose death rates for Native Americans exceeds the national rate.

Therefore, federal law enforcement components are ramping up efforts to forge stronger partnerships with federal and Tribal law enforcement partners to address violent crime and the fentanyl crisis, which expose already vulnerable communities to greater harm. The U.S. Attorney’s Office in the District of Arizona has conducted several collaborative training sessions with Tribal law enforcement partners on fentanyl interdiction and prosecution strategies, and has undertaken fentanyl prosecution initiatives in several Tribal Nations in Arizona.

Accessing Department of Justice Resources

Over the past year, the Department awarded $268 million in grants to help enhance Tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting Tribal youth programs, and strengthening victim services in Tribal communities.

For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.

Click here for more information about reporting or identifying missing persons.
 

RELEASE NUMBER:    2024-058_ Missing or Murdered Indigenous Persons Day

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PHOENIX, Ariz. – Alaa Robert Bartley, 41, of Gilbert, was indicted by a federal grand jury on Tuesday for a series of child pornography-related offenses, including Attempted Production of Child Pornography; Attempted Coercion and Enticement of a Minor; and multiple counts of Distributing, Receiving, and Possessing Child Pornography. Also on Tuesday, a federal Magistrate Judge ordered that Bartley be detained in custody pending trial.

The indictment alleges that between August 2020 and August 2023, Bartley repeatedly exchanged digital images of child pornography. The indictment also alleges that in 2019, Bartley attempted to take sexually explicit images of a 15-year-old girl in a bathroom, and from December 2023 to April 2024, he used facilities of interstate commerce while attempting to induce another minor to engage in criminal sexual activity.

Attempted Production of Child Pornography carries a potential sentence of 15-30 years in prison; Attempted Coercion and Enticement of a Minor carries a sentence of 10 years to life in prison; and each count of Distributing, Receiving, and Possessing Child Pornography carries a maximum sentence of 20 years in prison. All counts also carry a potential fine of up to $250,000 and up to a lifetime term of supervised release.

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

The Federal Bureau of Investigation is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution.

CASE NUMBER:           CR 24-0749-PHX-JJT
RELEASE NUMBER:    2024-057_Bartley

PHOENIX, Ariz. – Ali Joseph, 44, of Phoenix, was sentenced on Monday by United States District Judge Diane J. Humetewa to 102 months in prison, followed by three years supervised release. Joseph pleaded guilty on December 12, 2023, to one count of Use of Interstate Commerce Facilities in the Commission of Murder for Hire.

Between May and August 2022, while Joseph was involved in contentious child-custody proceedings with the victim, Joseph had multiple in-person and electronic communications with an individual who was a Confidential Human Source (CHS) for the FBI. In these communications with the CHS, Joseph revealed that he was unwilling to share custody of his children with the victim because he believed her to be an “apostate” who would not raise his children on “the right path,” and he expressed his desire to have her murdered. Thereafter, the CHS introduced Joseph to an undercover FBI employee who Joseph believed was a hitman. Joseph offered to pay the “hitman” $3,000 to disguise himself as a homeless person who would attempt to rob and violently attack the victim as she left her workplace. Joseph provided the CHS with a $1,000 down payment along with a piece of paper containing photographs of the victim and her identifying information. Joseph told the CHS that he wanted the “hitman” to stab the victim in the neck to ensure she would not survive the attack, and asked the CHS to notify him when the murder was completed by sending him a funny photo or short video.

The Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, handled the prosecution.
 

CASE NUMBER:           CR-22-01070-PHX-DJH
RELEASE NUMBER:    2024-056_Joseph

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PHOENIX, Ariz. – Sally Joyce Nyemba, 33, of Phoenix, was sentenced on Monday to 18 months in prison by United States District Judge Susan M. Brnovich. Nyemba pleaded guilty to Attempted Possession with Intent to Distribute Methamphetamine on August 31, 2023.

Nyemba was a practicing attorney and is a former Maricopa County Deputy Public Defender. On May 11 and 12, 2020, Nyemba negotiated the purchase of two pounds of methamphetamine for $3,600 and 4,000 M30 pills for $10,000 from an undercover Drug Enforcement Administration (DEA) agent.

On May 12, 2020, Nyemba met with the undercover DEA agent in Phoenix, and was arrested after she provided the agent $3,600 for the drugs. Agents searched Nyemba’s vehicle and seized approximately $14,158 in U.S. currency.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The Drug Enforcement Administration East Valley Drug Enforcement Task Force conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:            CR-21-01094-PHX-SMB
RELEASE NUMBER:    2024-055_Nyemba

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PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for January 1, 2024, to March 31, 2024. These cases are prosecuted in partnership with the Tucson and Yuma Sectors of the Customs and Border Protection’s U.S. Border Patrol, along with Homeland Security Investigations, and assistance from other federal, state, and county agencies. In the three-month period ending March 31, 2024, the United States brought criminal charges in Arizona against 2,113 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 243 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. In this time period, the United States also prosecuted 54 reactive drug cases arising out of immigration ports of entry and checkpoints.

Reducing migrant smuggling and mitigating the risk to communities impacted by these offenses continue to be priorities for the Office and its law enforcement partners. Some of these prosecutions are directed against leaders and coordinators of alien smuggling organizations. Other prosecutions are aimed at deterring young adult drivers, often recruited over social media platforms, from engaging in this dangerous activity. Prosecutions against young drivers include cases brought against three juvenile smugglers during this time period.

Protecting law enforcement officers is a key part of border vigilance. During this time period, federal prosecutors brought charges against two defendants accused of assaulting federal officers.

These statistics represent United States Attorney’s Office prosecutions only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
 

RELEASE NUMBER:    2024-054_2024 First Quarter Immigration Enforcement Statistics
 

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PHOENIX, Ariz. – Broderrick Ramon Coggeshell, 38, of Chinle, was sentenced on Monday by United States District Judge Michael T. Liburdi to nine years in prison, followed by three years of supervised release. Coggeshell pleaded guilty to Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury on January 30, 2024.  

In December 2022, Coggeshell, while intoxicated, crossed the center line of traffic with his truck and collided with a vehicle occupied by three brothers, killing one and seriously injuring another. Coggeshell and the victims are all members of the Navajo Nation.

The Navajo Nation Criminal Investigations Division conducted the investigation in this case. Assistant U.S. Attorney Kiyoko Patterson, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-08074-PCT-MTL
RELEASE NUMBER:    2024-053_Coggeshell

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TUCSON, Ariz. – Pablo Martinez, Jr., 36, of Tucson, pleaded guilty on Monday to Second Degree Murder for the killing of a child. Sentencing is scheduled for July 5, 2024, before United States District Judge Scott H. Rash.

Martinez admitted that on September 29, 2019, he murdered the six-year-old victim by holding the victim’s face under a running bathtub faucet for between five to ten minutes, while giving the victim a bath. The victim inhaled water that caused liquid thermal burns, resulting in his death. The victim was an enrolled member of the Pascua Yaqui Indian Tribe.

A conviction for second degree murder carries a maximum penalty of up to life in prison, a fine of $250,000.00, and a term of five years of supervised release.

The Federal Bureau of Investigation and the Pascua Yaqui Police Department conducted the investigation in this case. Assistant U.S. Attorneys Frances M. Kreamer Hope and Matthew C. Cassell, District of Arizona, Tucson, are handling the prosecution.
 

CASE NUMBER:           CR-19-2617-TUC-SHR
RELEASE NUMBER:    2024-052_Martinez, Jr.

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PHOENIX, Ariz. – Gerson Montano, 38, and Robert Dale Hart, 64, both of Tucson, were sentenced last month by United States District Judge Diane J. Humetewa for their roles leading to the death of a 17-year-old undocumented noncitizen. Montano was sentenced to 70 months in prison, followed by five years of supervised released. Montano was convicted of Transportation of Illegal Aliens Resulting in Death. Hart was sentenced to 51 months in prison, followed by five years of supervised release. Hart was convicted of Conspiracy to Transport Illegal Aliens Resulting in Death. 

On August 3, 2022, at approximately 11 p.m., Arizona Department of Public Safety Officers attempted to stop an SUV traveling westbound on I-10. The SUV failed to yield then abruptly pulled over in the center median of the interstate. Multiple people then fled from the vehicle and ran across the eastbound lanes of traffic. Two individuals who fled were then struck by a semi-truck, both were undocumented noncitizens. One undocumented noncitizen, age 17, died at the scene, while the other was taken to the hospital with serious injuries. 

The driver of the SUV, who also fled on foot, was Montano. During the subsequent investigation, agents learned Hart had hired Montano to transport the undocumented noncitizens.

Homeland Security Investigations, Customs and Border Protection’s United States Border Patrol, and Arizona Department of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Timothy Courchaine and Lisa E. Jennis, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-2022-1083-PHX-DJH
RELEASE NUMBER:    2024-051_Montano

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TUCSON, Ariz. – Michael Pengchung Lee, 27, of Tucson, pleaded guilty on Wednesday to Interstate Threats for transmitting threats through interstate communications to commit a mass shooting at the University of Arizona. Sentencing is scheduled for July 3, 2024, before United States District Judge Rosemary Márquez.

The complaint alleged that on October 23, 2023, Lee made threats to commit a mass shooting at the University of Arizona in a group chat on Snapchat. Lee is not a student at the university, but expressed a desire to get revenge on “all the chads and stacies!!” “Chads” and “stacies” are commonly used terms by self-described involuntary celibates (incels). Lee made further reference to incel ideology and finished the conversation by stating “im gonna do it guys, my mind is made up and there’s nothing u can do or say to stop me.”

On Wednesday, Lee admitted that on October 22, 2023, he sent multiple Snapchat messages to a group chat threatening to commit a mass shooting at the University of Arizona. Lee further admitted that in those messages he referenced incel ideology, language, and motivations, including referring to a well-known, self-identified incel and mass shooter, amongst other incel references. Lee also admitted that in at least two other Snapchat conversations, he threatened to commit a mass shooting at the university, citing the same incel ideology and motivations.

A conviction for Interstate Threats carries a maximum penalty of five years in prison, a fine of $250,000, or both, and a maximum term of three years of supervised release.

“We must protect the intellectual rigor, diversity and safety of our universities,” said United States Attorney Gary Restaino.  “Robust intervention and prosecution of misogynists who threaten young students is critical to public safety.  Our thanks to the community members who reported the threats and to our law enforcement partners at the University of Arizona Police Department and the Federal Bureau of Investigation for their quick and decisive response to social media intimidation.”

“All students deserve to feel safe at their schools, and threats like these deprive students of that right. We are extremely grateful for the brave members of the community who spoke up with their concerns and reported this to law enforcement,” said FBI Phoenix Special Agent in Charge Akil Davis. “We would like to thank our partners at the University of Arizona and the FBI’s Southern Arizona Violent Crime and Gang Task Force (SAVCGTF) for their collective efforts to ensure our college campuses remain a safe space for students to continue their education free of fear and hate.”

“This case is a wonderful example of our strong partnership with the Federal Bureau of Investigation and the U.S. Attorney’s Office,” said University of Arizona Police Chief Chris Olson. “It also illustrates the sense of urgency in which the University of Arizona Police Department, the UA Office of Public Safety, and our federal partners will act when our community is threatened.”

The Federal Bureau of Investigation and the University of Arizona Police Department, as part of the FBI’s Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. Assistant U.S. Attorney Adam Rossi, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-23-01694-TUC-RM
RELEASE NUMBER:    2024-049_Lee

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TUCSON, Ariz. – Carlos Victor Passapera Pinott, 56, of Buckeye, was sentenced last week by United States District Judge Jennifer G. Zipps to 18 years in prison, followed by five years of supervised release. Passapera pleaded guilty to Bribery of a Public Official and Conspiracy to Possess with Intent to Distribute Cocaine, Fentanyl, and Heroin on June 23, 2023. 

On August 9, 2020, while working as a United States Border Patrol Agent, Passapera drove his Border Patrol vehicle into the desert, west of the Lukeville Port of Entry, and retrieved two large duffel bags. Passapera then changed vehicles and transported the duffel bags to the Phoenix Sky Harbor International Airport, where he parked and loaded the bags into the vehicle of a co-conspirator. The co-conspirator was stopped by law enforcement shortly after leaving the airport parking lot. A search of the two duffel bags revealed multiple packages of cocaine, fentanyl, and heroin. Approximately 21 kilograms of cocaine, one kilogram of fentanyl, and one kilogram of heroin were seized. An additional $311,100 in U.S. currency was seized from Passapera’s safe deposit box. Passapera admitted to accepting large cash payments in exchange for using his position to smuggle drugs.

“Defendant Passapera has betrayed his Border Patrol colleagues,” said United States Attorney Gary Restaino. “The Border Patrol has earned the trust of a grateful nation for its exemplary efforts to protect the border and to humanely process the migrants who come to America for a better life. Defendant’s actions threaten that trust, and violated his oath to faithfully discharge his duties as a law enforcement officer.”

“The citizens of Arizona are the true victims of this crime. Passapera was a trusted agent who took an oath to protect our border and keep drugs out. He broke that oath when he chose money over honor to transport and distribute drugs in this country,” said FBI Phoenix Special Agent in Charge Akil Davis. “We hope this sentence demonstrates that corruption does not pay, and the FBI will continue to investigate and pursue those who abuse their positions.”

“A Border Patrol agent using his position to smuggle fentanyl and heroin into the United States is unconscionable” said DHS Inspector General, Dr. Joseph V. Cuffari. “Today’s sentencing sends a clear message that government officials who betray the people they are meant to protect are held accountable.”

Two individuals pleaded guilty in 2022 and were sentenced for Bribery of a Public Official charges related to this case. Omar Natalio Martinez Fontes pleaded guilty to Conspiracy to Commit Bribery and Alien Smuggling. Fontes received time served after serving over two years in custody (CR-21-00792-TUC-JGZ). Luis Alfredo Quintero-Gonzalez also pleaded guilty to Conspiracy to Commit Bribery and Alien Smuggling. Quintero-Gonzalez received time served after serving over 22 months in custody (CR-21-01529-TUC-JGZ).

The investigation was conducted primarily by the Southern Arizona Border Corruption Task Force (composed of the Federal Bureau of Investigation, Department of Homeland Security Office of Inspector General, Immigration and Customs Enforcement Office of Professional Responsibility, Customs and Border Protection Office of Professional Responsibility, and Tucson Police Department), Drug Enforcement Administration, Native Task Force, Maricopa County Sheriff's Office, and Surprise Police Department.  The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-20-01706-TUC-JGZ
RELEASE NUMBER:    2024-050_Passapera

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TUCSON, Ariz. – Juan Manuel Soto-Guzman, 41, of El Mirage, was sentenced last week by United States District Judge Rosemary Márquez to 37 months in prison. Soto-Guzman pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit on January 23, 2024. 

Soto-Guzman was a United States-based human smuggling coordinator. For approximately 13 months, he worked with his brother Adulfo Soto-Guzman to coordinate the illegal entry and transportation of hundreds of undocumented non-citizens into the United States. During that time, Juan Soto-Guzman’s actions resulted in a large amount of illicit revenue for the smuggling organization. Adulfo Soto-Guzman was sentenced on January 31, 2024, to 27 months in prison for his role in the conspiracy. In addition to their sentences, the brothers agreed to forfeit a Rolex watch, a Movado watch, currency, and gold medallions.

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

Homeland Security Investigations – Douglas Office conducted the investigation in this case, with significant assistance from the Customs and Border Protection’s United States Border Patrol Sonoita Sector, and Immigration and Customs Enforcement ERO Phoenix. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-00386-TUC-RM
RELEASE NUMBER:    2024-048_Soto-Guzman

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PHOENIX, Ariz. – Alaa Robert Bartley, 41, of Gilbert, was arrested on Friday for receiving and possessing child sex abuse images. He was charged by federal criminal complaint on Friday with one count of Knowingly Receiving Child Pornography and one count of Knowingly Possessing Child Pornography. Bartley is an officer with the Phoenix Police Department.

The complaint alleges that, between August 2020 and February 2022, while living in Gilbert, Bartley used a social media platform to communicate with an adult woman, with the two expressing their sexual interest in children and the woman sending Bartley child pornography images. The affidavit alleges that Bartley used a fictitious name, but identified himself as a police officer and sent a picture of himself that showed his face to her. The adult woman has been charged separately in the Eastern District of Michigan in CR-23-20653.

A count of Knowingly Receiving Child Pornography carries a minimum mandatory sentence of five years and a maximum sentence of 20 years in prison, a fine of up to $250,000, and up to a lifetime of supervised release. A count of Knowingly Possessing Child Pornography carries a maximum sentence of 10 years in prison; if the offense involved a visual depiction of a prepubescent minor or minor who had not attained the age of 12, the offense carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and up to a lifetime of supervised release.

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

The Federal Bureau of Investigation is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.,
 

CASE NUMBER:            24-6161MJ
RELEASE NUMBER:    2024-047_Bartley

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PHOENIX, Ariz. – Trevor Lee O’Dowd, 29, of Prescott Valley, was arrested last week for making online threats to kill anyone who attended yesterday evening’s music event at a venue in Tempe, Arizona. O’Dowd was charged by federal criminal complaint with a single count of Interstate Communication of Threats.

The complaint alleges that, between March 12 and 13, 2024, O’Dowd used a social media platform to post numerous threats to injure and kill attendees at the music event. O’Dowd posts indicated that he felt disrespected for not being invited to the event. His threatening posts included the following statements:

            “If they go im going on a rampage im just letting yall know before it happens.”

            “Anyone got an AK I can b[o]rrow. Bout to go end some lives since u think I’m never      gonna make it.” 

            “I suggest hiring more security for ur events soon.” 

            “April 7th will be the last day for AZ hip hop.”

            “[D]on’t show up to mill Ave is all imma say.” 

In other messages, O’Dowd welcomed a police presence and added that it would “be a wild west shootout like the good old days . . . I have no reason to live so good luck with that.” 

The single count of Interstate Communication of Threats carries a maximum sentence of five years in prison, a fine of up to $250,000, and up to three years of supervised release.

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

The Federal Bureau of Investigation is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:           24-6135MJ
RELEASE NUMBER:    2024-046_O’Dowd

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PHOENIX, Ariz. – Last week, United States Attorney Gary M. Restaino co-hosted a stakeholder discussion on qui tam, or whistleblower, cases under the civil False Claims Act (FCA). The event was also hosted by The Anti-Fraud Coalition (TAFC), a public interest, non-profit organization dedicated to defending and empowering whistleblowers who expose fraud on the government and the financial markets. The roundtable was part of U.S. Attorney Restaino’s effort and commitment to working with whistleblowers, and attorneys who represent them, to pursue civil enforcement actions against those who obtain government funds through false or fraudulent claims.

Speakers included U.S. Attorney Restaino and members of the United States Attorney’s Office Affirmative Civil Enforcement Unit. Attendees included several attorneys who specialize in representing whistleblowers. The panel discussion focused on how federal prosecutors can continue to work effectively with whistleblowers and their attorneys in a successful public-private partnership as contemplated by the FCA’s qui tam provisions. A representative from TAFC moderated the discussion.

“Those who abuse government programs and contracts deprive their neighbors and communities and competitors of valuable resources,” said United States Attorney Gary Restaino. “In our affirmative civil enforcement work we protect the public fisc. We also celebrate the courage of whistleblowers, the energy, compassion and collegiality of the private plaintiffs’ bar, and the hard work and dedication of federal lawyers, auditors and investigators.”

Under the False Claims Act, individuals (known as “relators”) may file civil actions under seal on behalf of the government against companies and individuals who defraud the federal government. If the defendants pay settlements or the government is awarded judgment in these lawsuits, the relators receive a portion of those funds. Many fraud investigations and lawsuits, especially in the District of Arizona, originate with qui tam filings against health care providers, defense contractors, grant recipients, and others who commit fraud against the government.

The U.S. Attorney’s Office for the District of Arizona has long enjoyed an excellent working relationship with qui tam relators and their counsel. As a testament to that relationship, an analysis in 2018 showed the District of Arizona had the fastest-growing qui tam docket in the nation, with filings increasing 170% from fiscal years 2008-2012 to 2013-2017. Whistleblower filings in the District of Arizona further increased in fiscal years 2018-2023. Those filings and other affirmative civil matters handled by the U.S. Attorney’s Office have resulted in significant recoveries of government funds that were intended for health care, defense contracting, relief from the COVID-19 pandemic, and other federal programs and purposes but were received by those who submitted, or were alleged to have submitted, false or fraudulent claims.

Individuals with information regarding fraud, waste, or abuse related to federal programs should contact the relevant federal agency. A list of agencies and contact information can be found at https://www.justice.gov/usao-az/agency-links.
 

RELEASE NUMBER:    2024-045_TAFC Roundtable

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TUCSON, Ariz. – Linh Cao Nguyen, M.D., of Peoria, pleaded guilty on March 19, 2024, to Health Care Fraud. Nguyen’s sentencing is scheduled for May 28, 2024, before United States District Judge John C. Hinderaker.

Nguyen admitted that for years, he engaged in a scheme to defraud various health care benefit programs, including Medicare, TRICARE, AHCCCS, Blue Cross Blue Shield, and UnitedHealthcare. As part of his scheme, Nguyen knowingly caused to be submitted thousands of false billing claims. Nguyen also falsely created patient records to conceal and avoid detection of his fraudulent billing scheme. Generally, the fraudulent claims identified a medical doctor as the treating provider when, in fact, another provider such as a nurse practitioner, social worker, unlicensed psychology intern, or wound care nurse provided the service independently. By billing the medical service as if it were provided by a physician, Nguyen falsely inflated the amount his company was to be paid for the service.

Nguyen admitted the loss he caused was at least $3.7 million dollars. Nguyen agreed to pay restitution to the private insurance companies totaling over $1 million.

A conviction for Health Care Fraud carries a maximum penalty of 10 years in prison and a $250,000 fine.

The United States Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the Department of Defense Office of Inspector General, Defense Criminal Investigative Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-21-02716-TUC-JCH
RELEASE NUMBER:    2024-044_Nguyen

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TUCSON, Ariz. – Charles Michael Moreno, 61, of Tucson, was sentenced last week by United States District Judge John C. Hinderaker to 122 months in prison, followed by lifetime supervised release. Moreno pleaded guilty on May 15, 2023, to Sexual Abuse of a Minor, Abuse of a Minor, and two counts of Abusive Sexual Contact.

In 2018, the high-school-aged victim reported to a school counselor that Moreno, a member of the Tohono O’odham Nation, had committed sexual abuse on numerous occasions, beginning when the victim was in grade school. The events took place in both the city of Tucson and on the Tohono O’odham Nation. In 2020, Moreno was indicted by a federal grand jury on 14 counts of sexual abuse.

The Federal Bureau of Investigation and the Tohono O’odham Police Department conducted the investigation in this case. Assistant U.S. Attorney Micah Schmit, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-20-00687-TUC-JCH
RELEASE NUMBER:    2024-041_Moreno

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TUCSON Ariz. – Gerardo Vasquez Valenzuela, 62, an enrolled member of the Pascua Yaqui Indian Tribe and a resident of the Pascua Yaqui Indian Nation near Tucson, was sentenced last week by United States District Judge Rosemary Márquez to 10 years in prison, followed by three years of supervised release. Valenzuela pleaded guilty to Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury on September 13, 2023. 

On August 14, 2022, a Pascua Yaqui Police Department officer was flagged down by a man who was yelling out in pain and bleeding heavily from his head. The man, who sustained multiple fractures and internal injuries, told the officer that he had been intentionally struck by a truck driven by Valenzuela.

Evidence collected connected Valenzuela’s truck to damage to a chain link fence at the scene. The victim’s belongings were found scattered along the tire tracks for approximately 50 feet, indicating he was dragged by the vehicle. Video evidence from a home surveillance system captured a vehicle matching the description of Valenzuela’s truck leaving the area. Valenzuela told officers that he had driven the truck earlier that day but denied being in a vehicle accident and denied hitting anyone with the truck.  

The Federal Bureau of Investigation, Pascua Yaqui Tribal Police, and Pima County Sheriff’s Department conducted the investigation in this case. Assistant U.S. Attorneys Sandra M. Hansen and Frances Kreamer Hope, District of Arizona, Tucson, and Pascua Yaqui Tribal Prosecutor Russell E. Boatwright, Prosecutors Office Pascua Yaqui Tribe, handled the prosecution.
 

CASE NUMBER:           CR-22-01908-TUC-RM
RELEASE NUMBER:    2024-040_Valenzuela

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TUCSON, Ariz. – Oliver Jaramillo Brown, 34, of Tucson, was sentenced on Monday by United States District Judge Scott H. Rash to six years in prison, followed by five years of supervised release. Brown pleaded guilty to Conspiracy to Possess with Intent to Distribute Cocaine and Methamphetamine on June 27, 2023. 

Brown was involved in a Nogales, Sonora-based drug trafficking conspiracy that used Tucson as a staging ground for distribution into the United States. Brown played numerous roles in the organization, including escorting loads of drugs driven into the United States by other conspirators, escorting loads of drugs to destinations in the United States, loading and unloading drugs from these vehicles, and assisting at a location where drugs were being stashed. Over the course of the government investigation, the United States seized more than 140 kilograms of cocaine, more than 60 kilograms of “ice” methamphetamine, over $1 million in bulk cash, and two firearms. On March 10, 2012, Brown fled to Mexico while the government was making arrests of the United States-based members of the conspiracy. Brown lived in Mexico for more than a decade before he attempted to return to the United States in late 2022 and was apprehended on the fugitive warrant in this case.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Homeland Security Investigations, the Drug Enforcement Administration, and the Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-14-1026-03-TUC-SHR
RELEASE NUMBER:    2024-043_Brown

TUCSON, Ariz. – Jesus Angel Vasquez Balganon, 33, of Mexico, pleaded guilty on March 14, 2024, to Smuggling Goods from the United States and International Money Laundering. Vasquez Balganon is scheduled to be sentenced on May 23, 2024, by United States District Judge Jennifer G. Zipps.

Vasquez Balganon admitted that, between March of 2018 and January of 2021, and on April 6, 2021, he attempted to export and did export numerous firearms, some of which were recovered in Mexico. He also attempted to export and did export weapons components, ammunition, and accessories.

On April 6, 2021, Vasquez Balganon was arrested at the Nogales, Arizona Port of Entry attempting to smuggle high-capacity magazines that were concealed in his vehicle into Mexico. Customs and Border Protection officers found a shopping bag in the vehicle containing nine 30-round AR-15 5.56 caliber high-capacity magazines. Vasquez Balganon stated he knew about the magazines and knew he was prohibited from taking them into Mexico. Vasquez Balganon also stated that he expected to be paid $100 to transport the magazines from the United States into Mexico.

Further investigation revealed that, prior to his apprehension and arrest on April 6, 2021, Vasquez Balganon had attempted to export or exported 67 firearms, including a machinegun, an AK-103 style firearm, a Century Arms WASR rifle, and an FN SCAR 17 rifle, as well as 20,000 rounds of ammunition and ammunition links and 208 magazines. Some of the firearms were recovered in Mexico.

All the firearms, weapons components, ammunition, magazines, and accessories are designated on the United States Commerce Control List as prohibited by law for export from the United States into Mexico without a valid license. Vasquez Balganon did not possess a lawful export license or any other lawful authority to export these items from the United States into Mexico.

Vasquez Balganon also admitted that, from February of 2019 to March of 2021, in Arizona and elsewhere, he transferred $20,680 from a U.S. bank to a bank in Mexico with the knowledge and intent that these funds were to be obtained in cash in Mexico and used for the smuggling of firearms and weapons components, ammunition, and accessories that were illegally exported from the United States into Mexico.

A conviction for Smuggling Goods from the United States carries a maximum penalty of 10 years in prison and a fine of up to $250,000.

A conviction for International Money Laundering carries a maximum penalty of 20 years in prison and a fine of up to $250,000.

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

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Raquel Arellano, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-21-02908-TUC-JGZ-BGM
RELEASE NUMBER:    2024-042_Vasquez Balganon

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PHOENIX, Ariz. – Earlier this month, a federal grand jury in Phoenix returned a 30-count indictment against Kenneth Harrison, 44, and Courtney Haywood, 38, of Las Vegas, Nevada on 30 felony counts related to their Arizona-based company, Aurtism, LLC, which was used to defraud the Arizona Health Care Cost Containment System (AHCCCS) of over $9.4 million. Harrison and Haywood made their initial appearances on the charges in federal court in Phoenix Wednesday.

The indictment alleges that Harrison and Haywood committed conspiracy, healthcare fraud, money laundering, and aggravated identity theft by using Aurtism to fraudulently bill AHCCCS’s American Indian Health Program for mental health services they claimed were provided to indigent Native Americans during 2020 and 2021. The indictment alleges that, in addition to overbilling for patients that Aurtism treated, Harrison and Haywood billed for patients Aurtism never treated—such as those who received treatment in residential facilities, were in prison or jail, or deceased. Aurtism billed AHCCCS for more than $9.4 million in less than two years. Of the payments received from AHCCCS, Harrison spent $2.7 million on residential real estate, $763,000 on luxury cars, and nearly $1 million on retail purchases and travel. Haywood spent much of the $3.4 million he received from the AHCCCS payments on real estate, cars, retail purchases, and travel.

A conviction for conspiracy carries a maximum penalty of five years in prison, a conviction for healthcare fraud or money laundering carries a maximum penalty of 10 years in prison, and a conviction for aggravated identity theft carries a mandatory two years in prison. Each conviction also carries a maximum fine of up to twice the amount of financial loss to AHCCCS and mandates full restitution to AHCCCS.

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

The Federal Bureau of Investigation conducted the investigation in this case with assistance from IRS Criminal Investigation. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:           CR-24-00393-PHX-MTL
RELEASE NUMBER:    2024-039_Harrison

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PHOENIX, Ariz. – Fred Damien Acunia, 27, of Laveen, a member of the Gila River Indian Community, was sentenced last week by U.S. District Judge Susan M. Brnovich to 188 months in prison, followed by lifetime supervised release.  

Between November 26, 2020, and November 25, 2021, Acunia engaged in sexual contact with the victim, who was under the age of 12 years old at the time of the offense. Acunia pleaded guilty to Abusive Sexual Contact of a Minor on August 14, 2023.       

The Federal Bureau of Investigation and Gila River Police Department conducted the investigation in this case. Assistant U.S. Attorneys Raynette Logan and Vinnie Lichvar, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-22-01692-PHX-SMB
RELEASE NUMBER:    2024-038_Acunia

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An Ohio man was sentenced today to two and a half years in prison for sending death threats to an election official in the Arizona Secretary of State’s Office during Arizona’s primary and general elections. 

“If you threaten violence against the public servants who administer our elections, there will be consequences,” said Attorney General Merrick B. Garland. “The right to vote, which is the cornerstone of our democracy, relies on the ability of election workers and election officials to perform their duties without fearing for their lives. The Justice Department will continue to aggressively investigate and prosecute those who threaten these public servants.”

According to court documents, between Aug. 2, 2022, and Nov. 15, 2022, Joshua Russell, 46, of Bucyrus, left a series of voicemails threatening the life of an election official with the Arizona Secretary of State’s Office (Victim‑1).

The first message, which was sent on the day of the Arizona primary elections, accused Victim-1 of failing to protect the 2020 election and committing election fraud. Russell then said, “You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”

“The defendant made multiple death threats against an Arizona election official during the state’s elections. This conduct is an attack on the democratic process itself, and today’s sentence shows that perpetrators of such egregious, unlawful conduct will be held to account,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The Criminal Division will not tolerate threats of violence intended to undermine our free and fair elections.”

Russell left another voicemail for Victim-1 on Sept. 9, 2022. In that message, Russell called Victim-1 a terrorist and a criminal, and then said that “[y]ou have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”

“Thorough reporting leads to prompt charging and timely deterrence of those who would disrupt democracy,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “Here, a threat reported during the August 2022 primary election was charged before the end of the calendar year. Thanks to the Office of the Arizona Secretary of State for making a detailed initial report, and to the FBI for its efficient and detailed investigation.”

Finally, on Nov. 15, 2022, Russell left a voicemail accusing Victim-1 of committing crimes against America and once again threatened Victim-1’s life. In relevant part, Russell said, “[w]e will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”

Russell pleaded guilty in August 2023 to one count of making a threatening interstate communication.

The FBI Phoenix Field Office investigated the case, with assistance from the FBI Boston Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona prosecuted the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

PHOENIX, Ariz. – George Thomas Onwiler, 49, of Hayfork, California, was sentenced on Monday to five years’ probation by United States District Judge Michael Liburdi. On November 7, 2023, Onwiler pleaded guilty to one count of wire fraud. In addition to his probation term, the Court ordered that Onwiler pay restitution in the amount of $139,168.02.

Beginning in May 2018 and continuing through April 2020, Onwiler embezzled approximately $139,000 from the Bureau of Reclamation (BOR), a component of the United States Department of the Interior. Onwiler was employed as an electrician for the BOR, located in Yuma, Arizona. In his employment with the BOR, Onwiler was responsible for purchasing commercial and agricultural grade electrical supplies and materials needed for his government work, and he was issued a BOR credit card to make those purchases.

Onwiler embezzled money from the government by using his government issued credit card to pay fictional electrical company suppliers. Onwiler created fake company names and used PayPal and Block/Square to transfer money to himself. Through 47 unauthorized wire transfers, Onwiler transferred $139,168.02 to his personal bank account. These transactions were fraudulent as he did not purchase electrical supplies for the BOR.

The United States Department of the Interior conducted the investigation in this case. Assistant U.S. Attorney, Kristen Brook, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-00400-PHX-MTL
RELEASE NUMBER:    2024-037_Onwiler

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TUCSON, Ariz. – Charles William Preston II, 53, of Tucson, was arrested on March 6, 2024, after a federal grand jury returned a two-count indictment against him on November 1, 2023. Preston is charged with two counts of aiming a laser pointer at an aircraft. 

The indictment alleges that on two separate occasions, Preston aimed the beam of a laser pointer at a fixed-wing aircraft operated by the Pima County Sheriff’s Department and in the flight path of the same aircraft.

A conviction for aiming a laser pointer at an aircraft carries a maximum penalty of five years in prison, a $250,000 fine, and up to three years of supervised release.

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

The Federal Bureau of Investigation and the Pima County Sheriff’s Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-23-01688-TUC-JAS
RELEASE NUMBER:    2024-035_Preston

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PHOENIX, Ariz. – Last week, a federal grand jury in Phoenix returned a two-count indictment against Joshua Ben Anderson, 49, of Whiteriver, for his actions in connection with the death of a woman on Thanksgiving Day, 2023.

The grand jury charged Anderson, a former White Mountain Apache Tribal police officer, with one count of Engaging in Misleading Conduct to Hinder or Delay and one count of Corruptly Altering and Concealing Evidence.

The indictment alleges that, at approximately 3:31 a.m. on November 23, 2023, Anderson was on-duty and was dispatched to conduct a welfare check of a body that had been observed on State Route 73, on White Mountain Apache Tribal lands. Anderson proceeded to the scene and discovered that the person was deceased. Anderson later acknowledged that only minutes before being dispatched to the scene, he had driven the same stretch of highway and felt a “bump” but continued southbound on SR 73 without stopping to investigate.

Anderson actively took part in the police investigation into the pedestrian’s death. He spoke with paramedics, interviewed witnesses, briefed and directed officers, filled out an autopsy report, and notified the victim’s family of her death. The indictment alleges that Anderson did not inform his superiors or fellow officers about his likely involvement in the traffic fatality, but rather allowed the investigation to continue. It is further alleged that after returning to his home, Anderson removed the bumper from his patrol vehicle, which had been damaged in the accident, and concealed it. The next day, Anderson resigned from the police department.

A conviction for each of the two alleged crimes carries a maximum penalty of 20 years in prison and a $250,000 fine.

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

The Federal Bureau of Investigation and the White Mountain Apache Tribe Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           CR-24-08027-PHX-SPL
RELEASE NUMBER:    2024-036_Anderson

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PHOENIX, Ariz. – Greiby Melissa Barcelo-Velasquez, a national of Colombia, was indicted last week by a federal grand jury on charges of Conspiracy to Encourage and Induce an Alien to Unlawfully Enter the United States and Bringing an Illegal Alien to the United States for Profit. Federal agents have identified well over 100 individuals utilizing Barcelo-Velasquez’s organization to be successfully smuggled into the United States in Arizona.

Since approximately June 2023, Barcelo-Velasquez owned and operated the Baul Travel SAS travel agency in Colombia. In late 2023, United States Border Patrol Sector Intelligence and Homeland Security Investigations began investigating Barcelo-Velasquez after arresting numerous Colombian nationals who identified her as their smuggling coordinator.

Barcelo-Velasquez would meet with the Colombian nationals in Colombia, require them to pay a fee, and then informed them they would travel to Mexico under the false pretense they were vacationing in the country. They were also informed they would need to pay additional fees to her associates in U.S. currency at the Cancun International Airport and in Hermosillo, Mexico to facilitate their travel. Once in Hermosillo, the Colombian nationals were taken to stash houses near the border between Mexico and the United States. These stash houses would also contain others who were seeking to enter the United States illegally. From the stash houses they were transported, many times by armed gunmen, to the border where they illegally crossed into the United States.

Conspiracy to Encourage and Induce an Alien to Unlawfully Enter the United States carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Bringing an Illegal Alien to the United States for Profit carries at least a three-year mandatory minimum prison sentence and a fine of up to $250,000.

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

Customs and Border Protection’s United States Border Patrol Sector Intelligence Unit and Homeland Security Investigations conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           CR-24-00392-PHX-JJT
RELEASE NUMBER:    2024-034_Barcelo-Velasquez

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PHOENIX, Ariz. – Clarizza Augustusa Jackson, 32, of Sacaton, was sentenced last week by Senior United States District Judge David G. Campbell to four years of probation. On June 28, 2023, Thomas Kee Montoya, Jr., 39, of Pinon, was sentenced by Judge Campbell to 100 months in prison, followed by three years of supervised release. Both defendants pleaded guilty to Possession with Intent to Distribute Methamphetamine. 

In June 2022, the defendants were stopped by Hopi Law Enforcement Services (HLES) officers on the Hopi Reservation. Montoya was driving and Jackson was the front seat passenger. HLES officers located a drug ledger and 306 grams of pure methamphetamine in the car.

The Federal Bureau of Investigation - Phoenix, and Hopi Law Enforcement Services conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-22-08129-PCT-DGC
RELEASE NUMBER:    2024-032_Montoya

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TUCSON, Ariz. – Eric Lavon Williams, 36, of Pima, Arizona, was sentenced to 97 months in prison on February 21, 2024, by United States District Judge Rosemary Márquez. Williams pleaded guilty to one count of Knowing Access of Child Pornography on July 12, 2023. When Williams is released from prison, he will be on supervised release for the remainder of his life and will be required to register as a sex offender.

On April 26, 2022, Homeland Security Investigations (HSI) Douglas began an investigation into Williams for possessing and distributing child sexual abuse material (CSAM) after receiving Cybertips from the National Center for Missing and Exploited Children. On June 29, 2022, HSI Douglas executed a search warrant at Williams’s Pima residence in Graham County. The investigation confirmed that Williams possessed and had distributed CSAM files to others using multiple online platforms. Williams’s wife, Cori, was also charged for distribution and possession of CSAM after the investigation showed that she had obtained such material for her husband and sent it to him. Cori Williams pleaded guilty to Possession of Child Pornography on July 20, 2023, and is scheduled to be sentenced on April 17, 2024.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Homeland Security Investigations - Douglas conducted the investigation in this case. Assistant U.S. Attorney Carin C. Duryee, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-22-01660-001-TUC-RM
RELEASE NUMBER:    2024-033_Williams

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PHOENIX, Ariz. – The U.S. Attorney’s Office has reached a settlement with an Arizona nail salon to resolve allegations that the salon discriminates against individuals with mobility impairments in violation of the Americans with Disabilities Act of 1990 (ADA), U.S. Attorney Gary Restaino announced today.

Under the settlement, Canvas Nails & Spa LLC, of Chandler, agrees to adopt and post in a conspicuous place a non-discrimination policy, to train current and future employees on the requirements of Title III of the ADA, and to pay $500 in damages to the individual complainant in this matter. Title III prohibits disability discrimination in places of public accommodation, like nail salons. The settlement resolves allegations that Canvas Nails & Spa LLC discriminated against persons with mobility impairments by refusing equal services to those using a wheelchair.

The Department of Justice’s enforcement efforts under the ADA seek equal opportunity and dignity in all aspects of life, including access to public accommodations such as nail salons. This settlement agreement is the seventh agreement that the Department of Justice has reached with a nail salon through its U.S. Attorney Program for ADA Enforcement, and the second in the District of Arizona.

Additional information about the ADA can be found at www.ada.gov. Individuals who believe they may have been victims of discrimination in Arizona may file a complaint with the U.S. Attorney’s Office at USAAZ.CivRightsCompl@usdoj.gov or (602) 528-7299.

In 2022, U.S. Attorney Restaino created an Affirmative Civil Rights Section within the Phoenix Civil Division of the United States Attorney’s Office with the sole focus on enforcing federal civil rights laws, including the ADA, with the goal of protecting and upholding the civil rights of all Arizonans. The Affirmative Civil Rights Section handled this matter.

RELEASE NUMBER:    2024-030_Canvas Nails & Spa LLC

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TUCSON, Ariz. – Martin Garcia-Velazquez, 42, of San Antonio, Michoacan, Mexico, was sentenced last week by United States District Judge Scott H. Rash to 90 months in federal prison, followed by 36 months of supervised release, for his leadership role in a criminal conspiracy to transport and harbor at least 1,000 undocumented noncitizens over several years. Judge Rash also ordered Garcia-Velazquez to pay a $5,000 mandatory special assessment in compliance with the Justice for Victims of Trafficking Act of 2015 (JVTA), bipartisan legislation aimed at increasing services for survivors of human trafficking and strengthening law enforcement. Garcia-Velazquez pleaded guilty on September 20, 2023, to Conspiracy to Transport and Harbor Illegal Aliens for Profit.

Garcia-Velazquez, also known as Jorge Espino-Garcia and by the nickname “Tucan,” admitted that he organized the transportation of undocumented noncitizens from the Mexico border to houses in and around Phoenix.

As a result of their multi-year investigation, HSI agents seized and forfeited from organization members over $1 million; five firearms, including an SKS 7.62 x 39mm semi-automatic rifle, with accompanying magazines and ammunition; and five vehicles.

Garcia-Velazquez’s co-conspirators were previously sentenced. Jesus Torres-Aguilera pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit and Conspiracy to Launder Monetary Instruments. Judge Rash sentenced him on October 24, 2023, to a prison term of time served, equivalent to approximately 23 months, to be followed by 36 months of supervised release. Judge Rash also ordered Torres-Aguilera to pay the $5,000 mandatory special assessment in compliance with the JVTA. Elmer Rene Del Cid Santos pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit. Judge Rash also sentenced him on October 24, 2023, to 18 months in prison, followed by 36 months of supervised release. A third individual, Angelico Roa-Joachin, pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit and Reentry of a Removed Alien. United States District Judge Jennifer G. Zipps sentenced Roa-Joachin to 78 months in prison.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

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

Homeland Security Investigations - Douglas conducted the investigation in this case with assistance from the Homeland Security Investigations offices in Charlotte, North Carolina, Huntsville, Alabama, and Atlanta, Georgia; Customs and Border Protection’s United States Border Patrol; the Drug Enforcement Administration in Sierra Vista; the Georgia Bureau of Investigation, the Clayton County Police Department, and the Fulton County Sheriff’s Office. Assistant U.S. Attorney, Michael R. Lizano, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-02715-SHR-LCK
RELEASE NUMBER:    2024-031_Garcia-Velazquez

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TUCSON, Ariz. – James Valentine Siehien, 53, of Tucson, was sentenced on February 27, 2024, by United States District Judge Raner C. Collins to 87 months in prison, followed by five years of supervised release. Siehien pleaded guilty to one count of Bank Robbery and two counts of Armed Bank Robbery on March 16, 2023, for a series of bank robberies he committed in Tucson. 

Siehien admitted that, on October 21, 2021, he robbed approximately $4,000 from Chase Bank. He also admitted that, on October 26, 2021, he robbed approximately $2,740 from PNC Bank, with what was later determined to be a fake explosive device. Siehien further admitted that, on November 5, 2021, while possessing an axe, he robbed approximately $2,200 from First Convenience Bank.

The Federal Bureau of Investigation and the Tucson Police Department, as part of the Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. Assistant U.S. Attorney, Adam D. Rossi, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-03071-TUC-RCC
RELEASE NUMBER:    2024-029_Siehien

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A Massachusetts man was sentenced today to three years and six months in prison for sending a communication containing a bomb threat to an election official in the Arizona Secretary of State’s Office. 

“Those using illegal threats of violence to intimidate election workers should know that the Justice Department will find you and hold you accountable under the law,” said Attorney General Merrick B. Garland. “The defendant in this case will spend the next three and a half years in federal prison for threatening an Arizona election official. We will continue to aggressively investigate and prosecute such unlawful threats of violence.”

According to court documents, on or about Feb. 14, 2021, James W. Clark, 40, of Falmouth, sent a message via the Arizona Secretary of State’s website through “Contact Elections,” addressing the election official by her first name and warning her that she needed to “resign by Tuesday February 16th by 9 am or the explosive device impacted in her personal space will be detonated.” Shortly after transmitting the message, Clark conducted online searches that included the full name of the election official in conjunction with the words “how to kill” and “address.” Additionally, on or about Feb. 18, 2021, Clark conducted online searches involving the Boston Marathon bombing.

“James W. Clark sent a bomb threat to an Arizona election official. As a result, law enforcement searched the office building where the official worked, as well as the official’s home and car, for an explosive device,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Public servants who ensure our free and fair elections must be able to do their jobs without fear. The Criminal Division will continue to aggressively investigate and prosecute those who target election officials with threats of violence.”

In response to Clark ’s message, law enforcement conducted partial evacuations and bomb sweeps of the building in which the Arizona Secretary of State’s Office was located, including an evacuation of the floor of the Office of the Arizona Governor located in the same building. Law enforcement also conducted bomb sweeps of the election official’s personal residence and of the election official’s car.

“The U.S. Attorney’s Office for the District of Arizona will continue to prosecute those who would threaten our public servants simply for performing the jobs they were hired to do,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “As we head into election season, we thank the state and county election community who make democracy possible.”

“Election officials, their staffs, and volunteers are essential to our democracy and any threat to these public servants is completely unacceptable,” said Special Agent in Charge Akil Davis of the FBI Phoenix Field Office. “As part of our mission to defend the democratic process, this case demonstrates that the FBI remains prepared to respond to these threats in an urgent and timely fashion.”

Clark pleaded guilty in August 2023 to one count of making a threatening interstate communication.

The FBI Phoenix Field Office investigated the case, with assistance from the FBI Boston Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona prosecuted the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Over two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

TUCSON, Ariz. – On February 28, 2024, a federal grand jury returned a five-count indictment against Armani R. Purandah, 24, Rashawn L. Gray, 27, Tyshaun D. Ripley, 25, Awilda Reyes, 51, Richard M. Bah, 20, of Bronx, NY, and Harley D. Stuscavage, 41, of Phoenix. The defendants were each charged with one count of Conspiracy to Commit Bank Fraud and four counts of Aggravated Identity Theft. 

The indictment alleges that the co-conspirators engaged in a scheme to defraud individuals and banks across the United States including in Arizona, Colorado, and California. The co-conspirators unlawfully used victims’ personal identifying information and fraudulent identifications to open fake business accounts linked to the victims’ legitimate bank accounts. They transferred the victims’ funds from the victims’ legitimate bank accounts to the fraudulent business bank accounts. Once the victims’ funds were transferred to the business accounts, the co-conspirators withdrew the funds in cash at financial institutions and tribal casinos. The co-conspirators also made other unauthorized transactions from the accounts.  

Conspiracy to Commit Bank Fraud carries a maximum penalty of 30 years in prison and a fine of up to $1,000,000. Aggravated Identity Theft carries a two-year mandatory minimum prison sentence.

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

The Federal Bureau of Investigation conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-24-00927-JCH-MSA
RELEASE NUMBER:    2024-027_Purandah, et al.

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PHOENIX, Ariz. – Leonard Stanley White, 41, of Phoenix, was sentenced on February 21, 2024, by United States District Judge David G. Campbell to 82 months in prison, followed by three years of supervised release. White pleaded guilty on November 21, 2023, to Felon in Possession of a Firearm and in doing so, he admitted to violating his supervised release conditions.

On May 9, 2023, White was arrested on a supervised release violation warrant and was found to be in possession of a firearm at that time. White had previously been convicted of Voluntary Manslaughter. After the Voluntary Manslaughter conviction, White was sentenced to 70 months for possessing the firearm and an additional 12 months for violating his supervised release in another case.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Chandler Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
 

CASE NUMBER:           CR-23-00819-PHX-DGC
RELEASE NUMBER:    2024- 028_White

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TUCSON, Ariz. – Tony Cardenas, 36, of Phoenix, was sentenced last week by United States District Judge Jennifer G. Zipps to 48 months in prison, followed by three years of supervised release. Cardenas, the leader of a Phoenix-based human smuggling organization, pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit and Conspiracy to Commit Money Laundering on November 17, 2023. Cardenas and 18 co-conspirators were indicted in November 2021 following an investigation by Homeland Security Investigations (HSI) – Sells and the Internal Revenue Service Criminal Investigation (IRS-CI).

In June 2018, HSI – Sells began investigating Cardenas and his human smuggling organization. Throughout the course of this investigation, agents discovered that undocumented noncitizens were being moved from Central America and Mexico to the Tohono O’odham Nation where they were directed to nearby stash houses or picked up and taken to stash houses in the Tucson and Phoenix areas. Using Phoenix as a distribution hub, the human smuggling organization held undocumented noncitizens in Phoenix until final payment was received. Once payments were made, the undocumented noncitizens were driven to their final destinations throughout the United States. A financial investigation conducted by IRS-CI identified numerous co-conspirators who were using their bank accounts and money service businesses to channel over $1 million back to the alien smuggling organization in Arizona. Seventeen co-conspirators with ties to the Cardenas human smuggling organization have been convicted of alien smuggling and/or money laundering. The final co-conspirator is scheduled to be sentenced on March 28, 2024.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Homeland Security Investigations – Sells and IRS Criminal Investigation – Tucson conducted the investigation in this case. Assistant U.S. Attorneys Craig Russell and Fred Cocio, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:                  CR-21-02978-TUC-JGZ 
RELEASE NUMBER:           2024-026_Cardenas, et al.

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A federal criminal complaint was unsealed yesterday in the District of Arizona charging Abraham Chol Keech, 44, of Utah, and Peter Biar Ajak, 40, of Maryland, with conspiring to purchase and illegally export millions of dollars’ worth of fully automatic rifles, grenade launchers, Stinger missile systems, hand grenades, sniper rifles, ammunition, and other export-controlled items from the United States to South Sudan, in violation of the Arms Export Control Act (AECA) and the Export Control Reform Act (ECRA).

“As alleged, the defendants sought to unlawfully smuggle heavy weapons and ammunition from the United States into South Sudan – a country that is subject to a U.N. arms embargo due to the violence between armed groups, which has killed and displaced thousands,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice will not tolerate the illicit export of weapons overseas, and we will hold accountable those who would violate our laws.”

“Sanctions and export controls help ensure that American weapons are not used internationally to destabilize other sovereign nations,” said U.S. Attorney Gary Restaino for the District of Arizona. “We thank our law enforcement partners, including Homeland Security Investigations, for continuing to use their legacy customs enforcement authority to protect the public.”

According to court documents, in July 2018, in response to the conflict between South Sudan’s Transitional Government of National Unity and opposition forces, the United Nations Security Council imposed an arms embargo on South Sudan. The Security Council has renewed the arms embargo every year since 2018, most recently in May 2023. Under U.S. law, specifically the AECA and ECRA, it is unlawful to export weapons and ammunition to South Sudan absent authorization in the form of a license from the U.S. Department of State or the Department of Commerce. It is the policy of the United States to deny licenses and approvals to export to South Sudan defense articles, such as automatic rifles, grenade launchers, and missile Stinger systems.

As alleged in court documents, between at least February 2023 and February 2024, Keech and Ajak sought to illegally purchase weapons and related export-controlled items from undercover law enforcement agents and smuggle those weapons and items from the United States to South Sudan through a third country. The defendants knew that South Sudan was subject to an arms embargo and that exporting weapons and ammunition from the United States to South Sudan without a license from the U.S. government was illegal and would violate U.S. law. For example, the defendants openly discussed the illegality of the transaction, expressed the need to be discreet, and agreed to pay a risk fee for the weapons because of the illegal nature of the arms sale. In addition, to facilitate the smuggling scheme, the defendants discussed disguising the weapons as humanitarian aid and paying bribes.

As part of the scheme, the defendants further sought to conceal from financial institutions and others the source and purpose of the funds used to purchase and smuggle the illicit arms. For example, the defendants agreed to an arms contract for nearly $4 million worth of weapons and related items and requested a “fake contract” in the same amount in “consulting services” and items, such as “communications equipment,” related to “human rights, humanitarian, and civil engagement inside South Sudan refugee camps.” The defendants then caused funds to be transferred through an intermediary company identified in the fake contract to complete the purchase. 

If convicted, the defendants face up to 20 years in prison for conspiring to violate the AECA, up to 20 years in prison for conspiring to violate the ECRA, and up to 10 years in prison for smuggling goods from the United States. 

The Department of Homeland Security’s Homeland Security Investigations, the Department of Defense’s Defense Criminal Investigative Service, the Department of the Army Criminal Investigation Division, and the Department of Commerce’s Office of Export Enforcement are investigating the case, with valuable assistance provided by the Department of the Army Criminal Investigation Division, the U.S. Attorney’s Office for the District of Maryland and the U.S. Attorney’s Office for the District of Utah.

The U.S. Attorney’s Office for the District of Arizona and the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

A criminal complaint is merely an allegation. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Tucson, Ariz. – A federal grand jury in Tucson returned a seven-count indictment last week against Dr. Andrew L. Kassman and his wife, Laurie Ann Kassman, of Tucson, for Conspiracy to Commit Wire Fraud and Wire Fraud.

Dr. Kassman was the former owner of a Tucson orthodontics practice. After selling the practice, Dr. Kassman and his wife continued as employees for the new owner. Dr. Kassman worked as an orthodontist, and Dr. Kassman’s wife continued as the office manager. The indictment alleges that, after the sale, Dr. Kassman kept his business bank account open. The Kassmans then engaged in an embezzlement scheme in which they diverted funds that belonged to the practice without the new owner’s knowledge or consent. To conceal the scheme, Laurie Kassman manipulated financial records in the practice’s record keeping system. The Kassmans embezzled at least $73,000.

A conviction for either charge - Conspiracy to Commit Wire Fraud or Wire Fraud - carries a maximum penalty of 20 years in prison and a $250,000 fine. 

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

The United States Secret Service and the U.S. Postal Inspection Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-00789-TUC-RM
RELEASE NUMBER:    2024-025_Kassman

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TUCSON, Ariz. – On Wednesday, a federal grand jury indicted Larry Edward Brown, Jr., 42, of Peoria, on one count of Involuntary Manslaughter of an Officer of the United States.

The indictment alleges that on August 17, 2023, Special Agents of the Internal Revenue Service Criminal Investigation (IRS-CI) used the firearm range at the Federal Correctional Institution – Phoenix for standard pistol qualifications and classroom training. Brown, who has served as a special agent for IRS-CI for over 12 years, is a trained Use of Force Instructor.

After all training had concluded for the day, Brown entered a building known as the “Tower,” a small, one-room structure with an interior measuring approximately eight feet by nine feet, located on the range where firearms instructors can observe and command live-fire trainings. The only other occupant inside the Tower was Special Agent Patrick Bauer, a 15-year veteran of IRS-CI and a trained Use of Force Instructor, who had led the live-fire pistol qualifications that day. As alleged in the indictment, while inside the Tower, Brown handled his firearm without due caution and with reckless disregard for human life, striking Special Agent Bauer in the torso with a single gunshot.

Despite life-saving efforts by agents at the scene, EMTs, and hospital staff, Special Agent Bauer died as a result of the penetrating gunshot wound.

Brown had his initial court appearance today and has been released. The matter has been set for trial on April 2, 2024.

Involuntary Manslaughter of an Officer of the United States carries a maximum penalty of eight years in prison and a fine of up to $250,000.

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

The Federal Bureau of Investigation conducted the investigation in this case, with assistance from the Treasury Inspector General for Tax Administration. The United States Attorney’s Office for the District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           CR-24-00355-PHX-SPL
RELEASE NUMBER:    2024-024_Brown

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.

The U.S. District Court for the District of Arizona struck down an Arizona requirement that individuals seeking to register to vote must list their birthplace as a prerequisite to registering to vote. The court ruled that the birthplace requirement of House Bill 2492 violated a federal law that prevents election officials from rejecting voting materials for errors or omissions that are not material to determining a registrant’s qualifications to vote. The court previously ruled that Arizona may not require documentary proof citizenship to vote in a federal election.  

“This ruling provides a cautionary note that should discourage officials from considering imposition of restrictive or burdensome proof of citizenship demands or requests for unnecessary information from voters before registering them to vote in federal elections,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the National Voter Registration Act (NVRA) and other federal laws to ensure that eligible voters are able to register and vote in federal elections.”

“Arizona passed legislation in 2022 that violates the Civil Rights Act of 1964 and other federal safeguards,” said U.S. Attorney Gary Restaino for the District of Arizona. “The District Court’s order helps level the playing field and it removes formidable barriers to Arizonans’ exercise of their right to vote. We appreciate the advocacy work of so many non-profit organizations and the Civil Rights Division in seeking a fairer and more just America.”

The court’s ruling comes following a bench trial late last year in a set of consolidated cases challenging various aspects of voting laws adopted by the State of Arizona. The Justice Department’s lawsuit, filed in July 2022, challenged voting restrictions imposed by House Bill 2492 (2022), alleging violations under Section 6 of the NVRA and Section 101 of the Civil Rights Act of 1964. Specifically, the United States’ complaint contended that House Bill 2492 violates the NVRA by requiring that applicants produce documentary proof of citizenship before they can vote in presidential elections or vote by mail in any federal election when they register to vote using the uniform federal registration form created by the NVRA. This requirement flouts the 2013 U.S. Supreme Court decision in Arizona v. Inter Tribal Council of Ariz., Inc., which rejected an earlier attempt by Arizona to impose a similar documentary proof of citizenship mandate on applicants seeking to vote in federal elections.

The United States’ complaint also contended that House Bill 2492 violates Section 101 of the Civil Rights Act by requiring election officials to reject voter registration forms based on errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot. Several private plaintiffs filed related cases and yesterday’s ruling also addresses additional claims brought by those parties.

More information about the Voting Rights Act and other federal voting laws is available on the Justice Department’s website at www.justice.gov/crt/voting-section. Complaints about discriminatory voting practices can be reported to the Civil Rights Division through the internet reporting portal at civilrights.justice.gov or by telephone at 1-800-253-3931.