District of Arizona

TUCSON, Ariz. – Sinisa Djurdjic, 50, a citizen of Bosnia and Herzegovina (“Bosnia”) and a Tucson resident, was sentenced yesterday by United States District Judge Jennifer G. Zipps to 70 months in prison, followed by three years of supervised release. On May 19, 2023, after a nine-day trial, a federal jury found Djurdjic guilty of Visa Fraud and two separate counts of Attempted Unlawful Procurement of Citizenship.

The evidence at trial revealed that Djurdjic emigrated to Tucson under the United States refugee program in 2000. Nine years later, Homeland Security Investigations launched an investigation after receiving a roster of a Serbian police brigade suspected of various wartime atrocities during the 1990s. Djurdjic was listed as a member of the brigade. The multi-year international investigation, and the evidence presented at trial, showed that Djurdjic was indeed a member of that police brigade and other Bosnian-Serb military units and that he was a prison guard at two separate prison camps north of Sarajevo. Both prison camps were established by the “Republika Srpska,” the Bosnian-Serb military unit that espoused the idea of “ethnic cleansing” during the civil war. During that war, Bosnian Serbs sought to exclude all Bosnian Muslims and Catholic Croats to create a nation of only one ethnicity – Serbian.

During the trial, five Bosnian Muslims who were held at the prison camps testified that, as a prison guard, Djurdjic tortured prisoners in his custody for months in 1992. At trial extensive evidence demonstrated that Djurdjic obtained refugee status and permanent residence in the United States for two decades by lying about his prior military and police service. His lies prevented immigration authorities from making a fully informed decision regarding his applications for immigration benefits. As a result, Djurdjic secured a safe haven for himself in the United States to which he was not entitled and thereby escaped justice for his war crimes in Bosnia for over thirty years.

“Our lives were ruined by people like Sinisa but we managed to rebuild them and his conviction is one of the final bricks in our house of peace,” said one of the victims in his statement to the Court.

At sentencing, the judge found by clear and convincing evidence that Djurdjic committed the offenses to conceal his torture of prisoners of war as a prison guard in Bosnia and that he concealed his war crimes from immigration authorities.

Homeland Security Investigations, Tucson Field Office, conducted the investigation in this case. Assistant United States Attorneys Liza Granoff and Kevin Schiff, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-17-1658-TUC-JGZ
RELEASE NUMBER:    2023-188_Djurdiic

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TUCSON, Ariz. – Jesus Moises Ruiz, Jr., 34, of Rio Rico, was sentenced on November 9, 2023, by United States District Judge Scott H. Rash to 40 months in prison. Ruiz pleaded guilty on August 31, 2023, to one count of Transportation of Illegal Aliens for Profit.

On February 20, 2023, United States Border Patrol agents pursued Ruiz while he was traveling on State Route 90, driving a grey Chevrolet pickup truck. Ruiz accelerated to a high rate of speed and eventually merged onto Interstate-10 (I-10). Ruiz exited I-10 and was located by agents with the assistance of air support. After a lengthy pursuit, agents were able to apprehend him.

Five undocumented noncitizens exited Ruiz’s vehicle during the pursuit and were later found by agents.

Customs and Border Protection’s United States Border Patrol Agents-Sonoita Station and Homeland Security Investigations-Nogales conducted the investigation in this case. The prosecution was handled by Assistant United States Attorney Michelle Chamblee, United States Attorney’s Office, District of Arizona, Tucson.  
 

CASE NUMBER:            CR-23-00385-SHR-1      
RELEASE NUMBER:    2023-186_Ruiz

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PHOENIX, Ariz. – Michael Fox, 29, of Tucson, was sentenced on Monday by United States District Judge G. Murray Snow to 72 months in prison, followed by five years of supervised release. Fox was indicted by a grand jury on September 28, 2021, and pleaded guilty to Distribution of Fentanyl on April 6, 2023.   

On June 29, 2019, Fox sold three fentanyl pills to a 16-year-old female in Glendale. Within approximately one hour, the victim was found unconscious and not breathing. The victim was rushed to the hospital, but she never recovered and was pronounced dead on July 1, 2019. A Maricopa County Medical Examiner determined the cause of death was cardiac arrest related to a fentanyl drug overdose. 

The United States Attorney’s Office sought a sentencing enhancement in the case to account for the death of the victim.  The District Court held a two-day evidentiary hearing on October 10, 2023, and November 14, 2023, to present testimony and argument on the enhancement. The Court took statements from the victim’s family, several supporters of Mr. Fox, and argument from the attorneys.  The District Court ruled for the United States finding that the fentanyl pills that Fox sold to the victim caused her death. 

“This is not the first time we’ve held a fentanyl dealer responsible for a poisoning death under our federal sentencing laws and the federal sentencing guidelines,” said United States Attorney Gary Restaino. “But it’s the first time we’ve had a lengthy evidentiary hearing with scientific testimony on fentanyl as part of the sentencing. We appreciate our partnership with the DEA in helping provide a strong message of deterrence, and we particularly thank the victim’s family for their support of the prosecution and their patience waiting for its outcome.”

The Drug Enforcement Administration conducted the investigation in this case. Assistant United States Attorney Ryan McCarthy, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-21-00784-GMS-PHX
RELEASE NUMBER:    2023-184_Fox

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TUCSON, Ariz. – Today, the United States Attorney’s Office for the District of Arizona announced its ongoing cooperative efforts with the United States Border Patrol to enhance consequences for unlawful border crossers in the Tucson Sector. Last week, the agencies surged their efforts along the Southern Arizona border. As a result, the United States Attorney’s Office filed charges against and delivered consequences in the United States District Court, Tucson Division, to 133 unlawful entrants into the United States, up from 91 prosecutions the week before.

“Prosecution – and the deterrence it provides – is a key tool in securing the border,” said United States Attorney Gary Restaino. “We appreciate our partnership with the Department of Homeland Security, including its commitment in detailing three DHS lawyers to the United States Attorney’s Office as Special Assistant United States Attorneys to help staff the surge. While prosecution alone won’t comprehensively solve border issues, a surge in resources amplifies the diligence and hard work of our Border Patrol colleagues who are out there protecting our Nation.”

“Over the last few weeks, Border Patrol agents in the Tucson Sector have increased prosecution efforts by charging 133 individuals for illegal entry into the U.S. – a 240% increase from prior weeks. These prosecutions provide consequences for illegal entry and re-entry after removal along the border in Southern Arizona,” said John Modlin, Chief Patrol Agent for Tucson Sector. “Our strong working relationship with the U.S. Attorney’s Office for the District of Arizona is outstanding; they are fully engaged with our efforts to prosecute cross-border crime in Southern Arizona.”

These statistics represent prosecutions by the United States Attorney’s Office for the District of Arizona, and the numbers do not include individuals apprehended by immigration enforcement officials who were subjected solely to administrative proceedings.
 

RELEASE NUMBER:    2023-185_Immigration Enforcement Surge

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PHOENIX, Ariz. – Walter Lee Riggins, Jr., 28, of Chandler, Arizona, was sentenced last week by United States District Judge Michael T. Liburdi to 87 months in prison, to be followed by three years of supervised release. The defendant pleaded guilty on August 21, 2023, to Voluntary Manslaughter.

On December 27, 2020, Riggins, a member of the Gila River Indian Community, shot the victim, killing him.

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

CASE NUMBER:           CR-21-00553-PHX-MTL
RELEASE NUMBER:    2023-183_Riggins

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PHOENIX, Ariz. – Thvoughn Lynden Curry, 31, and his wife, Alexis Daneen Curry, 32, of New River, Arizona, were arrested on November 2, 2023, pursuant to a federal indictment charging wire fraud and money laundering. Alexis made her initial appearance in Riverside, California on November 7, 2023, and Thvoughn made his initial appearance in Riverside, California on November 14, 2023. The Currys were arrested by officers from the Riverside County Sherriff’s Office as they left the Pechanga Resort & Casino, in Temecula, California.

The indictment alleges that the Currys devised a scheme to defraud the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid agency that offers health care programs to low-income Arizona residents, by submitting fraudulent claims for payment to AHCCCS. Between approximately February 1, 2021, continuing through March 31, 2023, the Currys submitted over $12,000,000 in claims for the purported treatment of approximately 185 patients through their outpatient behavioral health clinic located in Mesa. The Currys are charged with Wire Fraud and Money Laundering.

A conviction for Wire Fraud carries a maximum penalty of 20 years in prison and a fine of $250,000. A conviction for Money Laundering carries a maximum penalty of 10 years in prison and a fine of $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.

This is a joint investigation run by IRS Criminal Investigation and the Mesa Police Department, with assistance from AHCCCS. Assistant U.S. Attorney Kristen Brook, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:           CR-23-1293-PHX-GMS
RELEASE NUMBER:    2023-182_Curry

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A federal jury in Phoenix convicted three former owners of Backpage.com yesterday of multiple counts of promoting prostitution business enterprises and multiple counts of money laundering, including conspiracy offenses.

According to court documents and evidence presented at trial, Michael Lacey, 75, of Paradise Valley, Arizona; Scott Spear, 72, of Phoenix; and John “Jed” Brunst, 71, of Phoenix, owned Backpage.com, which was the internet’s leading forum for prostitution ads from September 2010, when Craigslist shut down its prostitution ad section, until April 2018, when the United States seized Backpage.com. Evidence at trial showed that the conspirators knowingly promoted prostitution via various marketing strategies. For example, the conspirators engaged in a reciprocal link program with an independent web forum that permitted “johns” to post reviews of prostitution acts with specific women. Additionally, the conspirators used an automated filter and human moderators to remove terms known to indicate sex-for-money, while still allowing the ads to be posted. Through this attempt to sanitize the ads, the conspirators sought “plausible deniability” for what the conspirators knew to be ads promoting prostitution. Over the life of the conspiracy, the conspirators earned more than $500 million. In an effort to preserve the money earned, Lacey, Spear, and Brunst laundered the money through numerous shell companies they created in multiple foreign countries.

In March 2018, a grand jury in Phoenix charged the conspirators in an indictment with conspiracy to facilitate prostitution using a facility in interstate or foreign commerce, facilitating prostitution using a facility in interstate or foreign commerce, conspiracy to commit money laundering, concealment money laundering, international promotional money laundering, and transactional money laundering.

In April 2018, Carl Ferrer, 57, of Frisco, Texas, who was Backpage’s co-founder and CEO, pleaded guilty to conspiracy to facilitate prostitution using a facility in interstate or foreign commerce and to engage in money laundering. In August 2018, Dan Hyer, 54, of Dallas, who was Backpage’s Sales & Marketing Director, pleaded guilty to conspiracy to facilitate prostitution using a facility in interstate or foreign commerce. Additionally, several Backpage-related corporate entities, including Backpage.com LLC, pleaded guilty to conspiracy to engage in money laundering. 

Co-conspirator James Larkin, 73, died on July 31 before trial began.

Lacey, Spear, and Brunst each face a maximum penalty of 20 years in prison on each money laundering count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Gary M. Restaino for the District of Arizona, Special Agent in Charge Albert Childress of the IRS Criminal Investigation (IRS-CI) Phoenix Field Office, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, Special Agent in Charge Akil Davis of the FBI Phoenix Division, and Inspector in Charge Carroll Harris of the U.S. Postal Inspection Service (USPIS) Los Angeles Division made the announcement.

IRS-CI, the FBI Phoenix Field Office, and USPIS investigated the case. The Los Angeles Joint Regional Intelligence Center provided substantial assistance.

Assistant U.S. Attorneys Kevin Rapp, Margaret Perlmeter, Andy Stone, and Peter Kozinets for the District of Arizona and Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section are prosecuting the case, with significant assistance from the U.S. Attorney’s Office for the Central District of California, the Office of the California Attorney General, and the Office of the Texas Attorney General. Assistant U.S. Attorney Daniel Boyle for the Central District of California is handling the asset forfeiture aspects of the case, with assistance from Assistant U.S. Attorney Joseph Bozdech for the District of Arizona.

PHOENIX, Ariz. - A federal jury in Phoenix convicted three former owners of Backpage.com yesterday of multiple counts of promoting prostitution business enterprises and multiple counts of money laundering, including conspiracy offenses. Michael Lacey, 75, of Paradise Valley, Arizona, was convicted of one count of international concealment money laundering, and the jury was unable to reach a verdict on most of the other counts charged against him. Scott Spear, 72, of Phoenix, was convicted of a conspiracy to violate the Travel Act by facilitating prostitution, and multiple separate violations of the Travel Act, along with a conspiracy to commit money laundering and multiple separate money laundering violations. John “Jed” Brunst, 71, of Phoenix, was convicted of a conspiracy to violate the Travel Act by facilitating prostitution, along with a conspiracy to commit money laundering and multiple separate money laundering violations. Lacey, Spear, and Brunst each face a maximum penalty of 20 years in prison for the money laundering charges. Spear and Brunst also face up to 5 years in prison for the Travel Act violations. Federal District Court Judge Diane J. Humetewa will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

According to court documents and evidence presented at trial, the defendants owned Backpage.com, which was the internet’s leading forum for prostitution ads from September 2010, when Craigslist shut down its prostitution ad section, until April 2018, when the United States seized Backpage.com. Evidence at trial showed that the defendants knowingly promoted prostitution via various marketing strategies. For example, the defendants engaged in a reciprocal link program with an independent web forum that permitted “johns” to post reviews of prostitution acts with specific women. Additionally, the defendants utilized an automated filter and human moderators to remove known sex-for-money terms, while still allowing the ads to be posted. Through this attempt at sanitizing the ads, the defendants sought “plausible deniability” for what the defendants knew to be ads promoting prostitution. Over the life of the conspiracy, the defendants earned more than $500 million. In an effort to preserve the money earned, Lacey, Spear, and Brunst engaged in extensive money laundering by creating numerous shell companies in multiple foreign countries.

On March 28, 2018, a grand jury in Phoenix charged the defendants in an indictment with the crimes of conspiracy to facilitate prostitution using a facility in interstate or foreign commerce, facilitating prostitution using a facility in interstate or foreign commerce, conspiracy to commit money laundering, concealment money laundering, international promotional money laundering, and transactional money laundering.

In April 2018, Carl Ferrer, 57, of Frisco, Texas, Backpage’s co-founder and CEO, pleaded guilty to conspiracy to facilitate prostitution using a facility in interstate or foreign commerce and to engage in money laundering. Additionally, several Backpage-related corporate entities, including Backpage.com LLC, have entered guilty pleas to conspiracy to engage in money laundering.

In August 2018, Dan Hyer, 54, of Dallas, Texas, Backpage’s Sales & Marketing Director, pleaded guilty to conspiracy to facilitate prostitution using a facility in interstate or foreign commerce.

Co-defendants Andre Padilla, 50, of Plano, Texas, and Joye Vaught, 42, of Dallas, Texas, were acquitted on all charges. The remaining defendant, James Larkin, 73, died on July 31 before trial was scheduled to begin in August.

United States Attorney for the District of Arizona Gary M. Restaino, Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Special Agent in Charge Albert Childress of the IRS Criminal Investigation (IRS-CI) Phoenix Field Office, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, Special Agent in Charge Akil Davis of the Phoenix Division, and Inspector in Charge Carroll Harris of the U.S. Postal Inspection Service (USPIS) Los Angeles Division made the announcement.

IRS-CI, the FBI Phoenix Field Office, and USPIS conducted the investigation in this case. The Los Angeles Joint Regional Intelligence Center provided substantial assistance.

Assistant United States Attorneys Kevin Rapp, Andy Stone, Margaret Perlmeter, and Peter Kozinets of the District of Arizona and Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section are prosecuting the case, with significant assistance from the U.S. Attorney’s Office for the Central District of California, the office of the California Attorney General, and the office of the Texas Attorney General. Assistant United States Attorney Daniel Boyle of the Central District of California is handling the asset forfeiture aspects of the case, with assistance from Assistant United States Attorney Joseph Bozdech of the District of Arizona.

CASE NUMBER:           CR-18-00422-PHX-DJH
RELEASE NUMBER:    2023-181_Backpage

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PHOENIX, Ariz. – On September 19, 2023, a federal grand jury in Phoenix returned a 55-count indictment against Luis Ortega, 42, of Litchfield Park, and Jeremie Sowerby, 45, of Fountain Hills, for Wire Fraud and Transactional Money Laundering.

The indictment alleges that Ortega and Sowerby scammed hundreds of victims out of millions of dollars in a cryptocurrency investment scheme. Under the guise of three entities, Ortega and Sowerby marketed a “risk-free” investment opportunity in “leases” of purported Bitcoin mining machines located abroad (Now Mining); a direct investment in Bitcoin mining machines in Arizona (VIP Mining); and a real estate and technology company through which investors could purchase custom-built container houses using the defendants’ proprietary “Millennium” cryptocurrency. Each entity involved the promise of lavish giveaways and profits that could be accessed and liquidated immediately. In reality, the entire scheme was based on lies. Ortega and Sowerby siphoned the victim funds to bank accounts they controlled and used the money for themselves, including for the purchase of properties and a new vehicle, and extensive cash withdrawals.

A conviction for wire fraud carries a maximum penalty of 20 years in prison and a fine of $250,000, or both. A conviction for transactional money laundering carries a maximum penalty of 10 years in prison and a fine of up to $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 and IRS Criminal Investigation are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

A number of victims have been identified by the FBI and IRS CI. However, there is evidence that victims remain unidentified. Anyone who believes they were defrauded by the defendants in this case should contact the Victim Witness Section at the U.S. Attorney’s Office for the District of Arizona at usaaz.victimassist@usdoj.gov or fill out the questionnaire at this link: https://www.fbi.gov/how-we-can-help-you/victim-services/seeking-victim-information/seeking-potential-victims-of-jeremie-sowerby-luis-ortega-fraud-schemes. Victims can access information regarding the case status here: https://www.justice.gov/usao-az/us-v-luis-ortega-jeremie-sowerby.

CASE NUMBER:           CR-23-01321-PHX-SMB
RELEASE NUMBER:    2023-180_Ortega/Sowerby

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The Justice Department announced today that the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) has agreed to adopt systemwide reforms to correct and prevent discrimination against incarcerated people with vision disabilities. 

The agreement resolves the Justice Department’s findings that ADCRR violated Title II of the Americans with Disabilities Act (ADA) by discriminating against incarcerated individuals with vision disabilities, including those who are blind or have low vision. The department found that ADCRR failed to reasonably modify its policies or provide auxiliary aids and services, such as Braille materials and displays, audio recordings and screen reader software, to ensure that people with vision disabilities could communicate effectively while incarcerated. ADCRR failed to provide accessible processes to request accommodations or file disability-related complaints. ADCRR also over-relied on other incarcerated people to help individuals with vision disabilities without properly training or supervising those providing help.

“People with vision disabilities held in jails and prisons should not be subjected to a higher risk of harm or exposed to greater restrictions than their sighted peers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “They should not be denied trained aides, or accessible technology and materials that allow them to participate in work, education and recreation programs. This agreement embodies the Justice Department’s commitment to ensuring that prisons and jails throughout the country, respect and protect the rights of all people detained inside these facilities, including those with vision disabilities.”

“This agreement is a critical step towards giving Arizonans with vision disabilities an equal chance to benefit from prison programs and to successfully reenter society,” said U.S. Attorney Gary Restaino for the District of Arizona. “We appreciate Director Thornell’s leadership and ADCRR’s willingness to proactively work with the Justice Department to address our concerns. We look forward to continuing to collaborate to make the Arizona prison system more just, more equal and more genuinely rehabilitative for Arizonans with disabilities.”  

Under the three-year agreement, ADCRR will retain an expert third-party consultant to help revise its policies and practices, train its personnel and provide necessary modifications, aids and services and assistive technology to people with vision disabilities in ADCRR custody. ADCRR will regularly report to the department and adopt robust screening and documentation procedures to ensure people with vision disabilities are provided with any aids and services they need throughout their incarceration. ADCRR will also designate a systemwide ADA Administrator and facility ADA coordinators to ensure consistent implementation of the agreement across all state facilities.

The Civil Rights Division’s Disability Rights Section handled this matter in collaboration with the U.S. Attorney’s Office for the District of Arizona.

The Justice Department plays a central role in advancing the ADA’s goals of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities, including people who are incarcerated. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.

TUCSON, Ariz. – Destiney Rae Montoya, 22, of Phoenix, was sentenced last week by United States District Judge Raner C. Collins to 12 months and one day in prison, followed by three years of supervised release. Montoya pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit on August 16, 2023. The offense includes a sentencing enhancement for being a coordinator.

Between 2021 and 2022, Montoya used social media to solicit and advertise for drivers to assist with smuggling undocumented noncitizens further into the United States after their arrival. Federal agents executed multiple warrants enabling them to trace Montoya’s illegal conduct and communications to establish her as a coordinator. 

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

CASE NUMBER:           23-CR-0277-TUC-RCC (JR)
RELEASE NUMBER:    2023-179_Montoya

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PHOENIX, Ariz. – Cayla Farris, 29, of Hawaii, was sentenced last week by United States District Judge Susan M. Brnovich to a time-served sentence of 3.6 months in prison, followed by three years of supervised release. During her term of supervised release, Farris will not be permitted to travel by commercial aircraft without prior approval. Farris was ordered to pay $38,952.00 in restitution to American Airlines for delay-related costs due to her actions. Farris pleaded guilty on September 12, 2023, to Interference with a Flight Crew Member.

On February 13, 2022, Farris boarded an American Airlines flight from Phoenix to Honolulu, Hawaii. During the flight, Farris used profanity and threatened the flight crew and passengers onboard. As a result of her behavior, the flight crew was unable to continue their duties. The captain ultimately decided to turn the plane back to Phoenix. For passengers onboard, this disturbance caused several flights to be re-routed to Hawaii.  

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

CASE NUMBER:           CR-22-01393-PHX-SMB
RELEASE NUMBER:    2023-176_Farris

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TUCSON, Ariz. – Ryan Schlesinger, 31, of Tucson, was convicted yesterday by a federal jury of second-degree murder of a federal officer. Second-degree murder is a homicide committed with malice aforethought, which means deliberately and intentionally, or recklessly with extreme disregard for human life. Second-degree murder is a class A felony punishable by up to life in prison.

Schlesinger also was convicted of three counts of attempted murder of a federal officer, a felony punishable by up to 20 years in prison; four counts of assault of a federal officer, a felony punishable by up to 20 years in prison; and five counts of discharging a firearm during the commission of a violent offense, a felony punishable by not less than 10 years, and up to life, in prison. The guilty verdicts came after a 13-day trial before United States District Judge Raner C. Collins. Schlesinger’s sentencing is set for January 22, 2024.

On November 29, 2018, deputies with the United States Marshals Arizona Wanted Violent Offender Task Force attempted to serve a felony arrest warrant on Schlesinger for allegedly stalking a Tucson Police Department (TPD) sergeant. Schlesinger refused to exit his residence and opened fire on the deputies who were outside his window. Deputy U.S. Marshal Chase White was shot twice in the upper torso and died a short time later.

Prior to the murder, Schlesinger had been in a yearlong dispute with TPD. Schlesinger sent multiple threatening emails, went to a TPD officer’s parents’ home, and attempted to arrest a TPD sergeant. Despite being under multiple active injunctions against harassment, Schlesinger possessed three firearms in violation of those court-issued injunctions. The evidence showed that Schlesinger sent a final threatening email to TPD hours before the murder. While the Task Force attempted to execute the arrest warrant, Schlesinger outfitted himself in body armor. After murdering Deputy White and committing the other crimes of which he was convicted, Schlesinger ultimately surrendered to TPD, wearing the body armor and a ballistic helmet.

Deputy White was 41 years old. He is survived by his wife and four children. He was also a lieutenant colonel with the United States Air Force Reserve. Deputy White was the first Deputy U.S. Marshal killed in the line of duty in Tucson in 66 years.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant United States Attorneys Sarah B. Houston and Jane L. Westby, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-18-02719-TUC-RCC
RELEASE NUMBER:    2023-178_Schlesinger

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PHOENIX, Ariz. – Savannah Sandoval, 36, of Camp Verde, was sentenced last week by United States District Judge Steven P. Logan to 24 months in prison, followed by three years of supervised release. Sandoval also was ordered to pay over $650,000 in restitution. Sandoval pleaded guilty on August 9, 2023, to Embezzlement and Theft from an Indian Tribal Organization.

Between August 2017 and May 2022, Sandoval, the former Comptroller and Executive Director of the Yavapai-Apache Nation Housing Department, embezzled $670,908 from the Yavapai-Apache Nation, including over $133,000 of the Department of Housing and Urban Development Indian Housing Block Grant Funds.

As Comptroller and Executive Director, Sandoval was the supervisor of the accounting department and oversaw day-to-day activities and financial transactions. As such, she had access to Housing Department credit cards and knowledge of its vendor accounts. In 2022, it was discovered that there had been hundreds of thousands of dollars in fraudulent purchases via Tribal credit cards. On at least 184 occasions funds were fraudulently transferred by Sandoval into her personal accounts.

“Indian Tribal Organizations have historically been vulnerable to theft and embezzlement,” said United States Attorney Gary Restaino. “The theft here meant that roofs and floors and appliances in houses on the Nation could not be repaired or replaced. The Court’s sentence sends a strong deterrent message to those who steal from Native American communities.”

“HUD OIG is committed to protecting the integrity of funds meant to assist with housing on Native lands,” said Special Agent in Charge Mark Kaminsky with the U.S. Department of Housing and Urban Development Office of Inspector General. “We will continue to work with our law enforcement partners to investigate and hold accountable those who would misuse federal tax dollars for personal gain.”

“Financial crimes have long been at the forefront of the FBI’s efforts, and we will continue to meticulously investigate any and all fraudsters in pursuit of our mission of protecting the American people,” said Akil Davis, special agent in charge of the FBI’s Phoenix field office.

The Department of Housing and Urban Development-Office of the Inspector General and the Federal Bureau of Investigation conducted the investigation of this case, with assistance from the Yavapai-Apache Nation. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-23-08089-PCT-SPL
RELEASE NUMBER:    2023-177_Sandoval

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TUCSON, Ariz. – Elias Sambrano, 33, of Tucson, was sentenced last week by United States District Judge Scott H. Rash to 60 months in prison, followed by 48 months supervised release. Sambrano pleaded guilty on April 26, 2023, to Conspiracy to Possess with Intent to Distribute Cocaine and Possession with Intent to Distribute Cocaine.

Sambrano organized and attempted to organize sales of cocaine and methamphetamine. Sambrano confirmed with interested parties that he had high-quality cocaine for sale, discussed pricing and purity levels of drugs with others, and knowingly and intentionally coordinated the sale of approximately one kilogram of cocaine for $32,500 to an out-of-state purchaser on November 2, 2020.

The Drug Enforcement Administration in Sierra Vista, Arizona conducted the investigation in this case. Assistant U.S. Attorney Michael R. Lizano, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           21-CR-02281-SHR
RELEASE NUMBER:    2023-175_Sambrano

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TUCSON, Ariz. – Orlando Miguel Valenzuela, 29, of Tucson, was sentenced on Monday by United States District Judge Cindy K. Jorgenson to 10 years in prison, followed by lifetime supervised release. Valenzuela pleaded guilty to Abusive Sexual Contact on January 23, 2023.

In August 2019, the victim reported several instances of sexual abuse committed by Valenzuela that had occurred between 2013-2014, when the victim was under 12 years old and Valenzuela was over 18 years old. Valenzuela was located by law enforcement and indicted in April 2022. When Valenzuela is released from prison, he will be required to register as a sex offender for the rest of his life.

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

CASE NUMBER:           22-CR-0682-TUC-CKJ
RELEASE NUMBER:    2023-173_Valenzuela

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TUCSON, Ariz. – Marquan Sherrod Wilson, 53, of McKeesport, Pennsylvania, was sentenced on October 27, 2023, by United States District Judge Scott H. Rash to 60 months of probation, and was ordered to pay a $25,000 fine, and an additional $25,000 of community restitution. Wilson pleaded guilty on March 29, 2023, to Possession with Intent to Distribute Cocaine. 

On November 2, 2020, Wilson traveled to Arizona from out of state and purchased approximately 978 grams of cocaine from individuals in Tucson. Wilson planned to deliver the cocaine to others, but was pulled over by Arizona Department of Public Safety officers on Interstate 10, as he was attempting to leave Arizona. Officers seized the cocaine and placed Wilson under arrest. 

Community restitution is based on the amount of public harm caused by the offense, as determined by the sentencing judge. By law, 65 percent of the total amount of restitution is paid to the Arizona Criminal Justice Commission’s Crime Victim Services designated to administer crime victim assistance in the state in which the crime occurred. The remaining 35 percent is paid to the Arizona Health Care Cost Containment System designated to receive federal substance abuse block grant funds. The goal of community restitution is to help financially support the communities affected by the criminal behavior through the designated state agencies.

Wilson agreed with prosecutors to make community restitution and a fine part of his guilty plea to demonstrate that he accepted full responsibility for his actions. 

The Drug Enforcement Administration - Sierra Vista, conducted the investigation in this case. The Arizona Department of Public Safety and the Willcox Police Department assisted with Wilson’s arrest. Assistant U.S. Attorney Michael R. Lizano, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           21-CR-02281-SHR
RELEASE NUMBER:    2023-174_Wilson

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TUCSON, Ariz. – Gerardo Hernandez, 40, of Tucson, was sentenced on November 2, 2023, by United States District Judge Jennifer Zipps to 120 months in prison, followed by 36 months supervised release. Hernandez pleaded guilty on May 5, 2023, to Importation of Fentanyl.

On December 4, 2022, Hernandez, a United States citizen, entered the United States at the Mariposa Port of Entry in Nogales, from Mexico. He was a passenger in the front seat of a vehicle that contained 49.9 kilograms of fentanyl concealed inside the vehicle. Hernandez was aware that the vehicle contained controlled substances and agreed to import them into the United States. The driver of the vehicle was unaware that they were importing controlled substances. Hernandez has 11 prior felony convictions and six prior misdemeanor convictions since 2002. 

The fentanyl Hernandez imported was in 30 milligram tablets. Forty-nine kilograms is approximately 1,600,000 tablets or single use doses of fentanyl.

The Department of Homeland Security – Homeland Security Investigations and Customs and Border Protection conducted the investigation in this case. Assistant U.S. Attorney Kelly Cavanaugh, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR 22-2775-TUC-JGZ
RELEASE NUMBER:    2023-172_Hernandez

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PHOENIX, Ariz. – Jeffrey Mindock, 50, of Tempe, was arrested Saturday morning on a federal complaint and arrest warrant by the Federal Bureau of Investigation for making a threat to execute a local Rabbi and “every other JEW [sic] I can find tonight at midnight of your Sabbath.”

The complaint alleges that Mindock sent an email on the morning of Friday November 3, 2023, to a Rabbi at a local synagogue in Scottsdale, asking the Rabbi to “try to convince” a judge in Utah to “drop the charges against” Mindock in a state district court case in Utah. The email stated: “If you do not use your influence to right this wrong I will execute you and every other JEW [sic] I can find tonight at midnight of your Sabbath.” The email went on: “If you wish to communicate with me further, I will only meet in person,” listed an address for the sender in Tempe, and was signed “Shalom, Viktor Sitkevicz.”

The complaint alleges that Mindock’s address was listed in motor vehicle records as the same Tempe address listed in the email. The complaint further alleges that Mindock’s threatening behavior extended to another prior email threat to “hang” a judge sent from email addresses containing “sitkevicz” or “mindock,” and another threat made during a previous court appearance in 2021 to “execute” others.

“Civic engagement and civil dialogue help bind us together as a Nation,” said United States Attorney Gary Restaino. “We have no tolerance for those who send threatening communications to Jewish faith leaders or to any other people in America. We will continue to exercise our prosecutorial discretion and deploy our resources to charge threats cases here in Arizona.”

“The FBI takes all threats of violence seriously,” said Chad Alvarado, acting special agent in charge of the FBI’s Phoenix field office. “The FBI and our law enforcement partners must take people who make threats at their word and intervene, because protecting human life is our absolute priority.”

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 United States will have up to 30 days from arrest to seek an indictment of Mindock.

The Federal Bureau of Investigation conducted the investigation in this case, with assistance from the Tempe Police Department and the Maricopa County Sheriff’s Office. The United States Attorney’s Office, District of Arizona, is handling the prosecution.
 

CASE NUMBER:           23-05579MJ
RELEASE NUMBER:    2023-171_Mindock

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PHOENIX, Ariz. – Omar Molina-Galeana, 22, of Yuma, was sentenced last week by United States District Judge David G. Campbell to 52 months in prison, followed by three years of supervised release. Molina-Galeana pleaded guilty on June 13, 2023, to Conspiracy.  

Between November 3, 2021, and April 14, 2022, Molina-Galeana obtained 48 firearms using nine “straw purchasers.” Each straw purchaser made false statements and representations regarding the actual purchaser of the firearm(s) to gun stores in Arizona. 

This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. 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.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-22-00318-PHX-DGC
RELEASE NUMBER:    2023-168_Molina-Galeana

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Colorado River Indian Tribes Awarded Grant to Prosecute Domestic Violence and Sexual Assault Cases

PHOENIX, Ariz. ⸺ The Department of Justice, Office of Violence Against Women awarded the Colorado River Indian Tribes (CRIT) $830,000 to prosecute domestic violence and sexual assault occurring on tribal lands. Among other things, this grant will fund a Tribal Special Assistant United States Attorney (SAUSA).

The OVW grant will enhance the capacity of CRIT to hold domestic violence offenders accountable by partnering with the U.S. Attorney’s Office for the District of Arizona to increase law enforcement coordination, and strengthen the relationship between federal prosecutors and CRIT. Most importantly, the OVW grant will allow a CRIT SAUSA to prosecute these cases alongside Assistant U.S. Attorneys in federal court, while simultaneously staying connected to the tribe and identifying cases to remain in tribal court.  

“The prosecution of these crimes is a priority for my office,” said U.S. Attorney Gary Restaino. “I am very pleased that attorneys from my office will be able to work with a CRIT SAUSA, who will bring personal cultural sensitivity to this very difficult work.”

“The Colorado River Indian Tribes is pleased and honored to have been selected to receive the Tribal Special Assistant United States Attorney grant,” said Amelia Flores, Chairwoman of the Colorado River Indian Tribal Council. “Domestic violence and sexual assault continue to harm our members, families, and children. The grant funding will allow us to improve communication and coordination among the various jurisdictions, apply best practices, improve outcomes of prosecution and community safety and ensure victims receive the services and support they need.”

OVW provides leadership in developing the nation’s capacity to reduce violence through implementing Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities nationwide that are developing programs, policies, and practices to end domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.

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RELEASE NUMBER:    2023-169_CRIT OVW Grant

YUMA, Ariz. – Antonio Varela-Verdugo, a U.S. citizen, and Gilberto Villalva, a citizen of Mexico, were charged by complaint on October 25, 2023, with Conspiracy to Transport Illegal Aliens.

The complaint alleges that Varela-Verdugo and Villalva conspired to smuggle 22 undocumented noncitizens in the tank of a water truck. On October 23, 2023, Yuma Station Border Patrol agents followed a water truck suspected of transporting undocumented noncitizens in its tank from California into Yuma, Arizona, where the water truck stopped at a local residence. Across the street, a Honda Civic, operated by Villalva, was suspected of waiting to guide the water truck to a local stash-house. Agents interdicted both vehicles after departing the stash-house and discovered 22 individuals, all citizens of Mexico, stuffed into the tank of the water truck.

A conviction for Conspiracy to Transport Illegal Aliens carries a maximum penalty of up to 10 years in prison, a fine of $250,000, or both, and a term of up to three years 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.

Customs and Border Protection's U.S. Border Patrol - Yuma, conducted the interdiction and subsequent investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix Division, Yuma Office, is handling the prosecution.
 

CASE NUMBER:           23-02657MJ
RELEASE NUMBER:    2023-170_Varela-Verdugo, et. al.

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PHOENIX, Ariz. – Carlos Negrete Farias, 27, of Phoenix, was sentenced on October 2, 2023, by United States District Judge Douglas L. Rayes to 37 months in prison, followed by three years supervised release. Farias pleaded guilty on February 8, 2023, to Possession of a Machine Gun.  

On January 31, 2022, Farias agreed to provide an Undercover Agent (UC) a “fun AR” and $3,000.00 in exchange for a .50 caliber rifle. Subsequently, Farias sent the UC a video of an unknown individual shooting a fully automatic AR-15 style rifle.

Farias was arrested on February 8, 2022, during an exchange with the UC. At the time of his arrest, Farias was found with a machine gun conversion device in his pocket, knowing that it was a part designed and intended for use in converting a semi-automatic weapon into a machinegun.

This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. 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.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-22-00149-PHX-DLR
RELEASE NUMBER:    2023-167_Farias

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TUCSON, Ariz. – Amir Safavi Farokhi, 28, of Tucson, was arrested last week on a federal complaint and arrest warrant by the Federal Bureau of Investigation’s Southern Arizona Violent Crime and Gang Task Force for using his telephone in Tucson to make a threat to place pipe bombs on school buses in the Castleton area of Indianapolis, Indiana. Farokhi was also charged with making an interstate threat to rape and murder a female employee of the Bloomington, Indiana Police Department.

The complaint alleges that Farokhi used his telephone in Arizona to call the Indianapolis Police Department, and told police officers they should send officers to a specific location in the Castleton area of Indianapolis because Farokhi planned to place pipe bombs on school buses and shoot any responding police officers. Farokhi also used his telephone in Arizona to transmit a threat to rape and murder an employee of the Bloomington, Indiana Police Department, telling the victim he would wait outside for her at the end of her shift.

The complaint further alleges that Farokhi’s course of threatening behavior extended to two Tucson-area hospitals as well.  On October 21, Farokhi is alleged to have called Tucson ER Hospital and threatened to shoot hospital staff and patients. On October 22 and 23, he is alleged to have made similar threats to Northwest Hospital in Tucson.

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 United States will have up to 30 days from arrest to seek an indictment of Farokhi.

The Federal Bureau of Investigation and the Pima County Sheriff’s Department, as part of the FBI’s Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, is handling the prosecution.
 

CASE NUMBER:           23-07725MJ
RELEASE NUMBER:    2023-166_Farohki

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The Department of Justice joins survivors, victim service providers, advocates, and communities nationwide in recognizing October as National Domestic Violence Awareness Month (DVAM). This is a time to center the experiences of survivors; honor those who lost their lives to domestic violence; express gratitude to the countless individuals in the movement to end violence; and raise awareness on the issues of domestic violence, dating violence, sexual assault, and stalking. As part of its monthlong observance of DVAM, the U.S. Attorney’s Office for the District of Arizona is proud to announce that the Department of Justice’s Office on Violence Against Women (OVW) awarded $1,990,618 to the District of Arizona to bolster coordinated community responses aimed at bringing an end to domestic violence, as well as sexual assault, dating violence, and stalking.

Data from the most recent National Intimate Partner and Sexual Violence Survey indicate about 41% of women and 26% of men experienced contact sexual violence, physical violence, and/or stalking by an intimate partner and reported an intimate partner violence-related impact during their lifetime. Domestic violence rates are even higher for American Indian and Alaska Native populations, Black individuals, people of color, people with disabilities, and LGBTQI+ individuals.

The announced grants will reach Tribal nations, historically marginalized communities, underserved communities, college and university campuses, rural towns, culturally specific communities, and more. The funding prioritizes increasing access to justice, improving survivor safety, holding perpetrators accountable, and offering training and technical support to professionals addressing these crimes.

Specifically, the District of Arizona received the following funds for the 2023 fiscal year:

• OVW awarded $340,618 under State and Territory Domestic Violence and Sexual Assault Coalitions Program to enhance the coordination between courts, child protective services agencies, advocates, law enforcement, and community programs to encourage trauma-informed, survivor-centered responses to domestic violence and sexual assault.
• OVW awarded $400,000 under the Grants to Enhance Culturally Specific Services for Victims of Sexual Assault, Domestic Violence, Dating Violence and Stalking Program (Culturally Specific Program) to help community-based organizations develop culturally relevant programs specific to American Indian and Alaska Native populations, Black, Asian-American, Native Hawaiian and Pacific Islander, Hispanic, and Tribal communities to support survivors.
• OVW awarded $350,000 under the Grants to Engage Men and Boys as Allies in the Prevention of Violence Against Women and Girls Program (Engaging Men and Boys Program) to support educational programming and community-based organizations that encourage men and boys to work with allies with women and girls to prevent crimes.
• OVW awarded $900,000 under the Training and Technical Assistance Initiative to support training and technical assistance programs to enhance the efforts of grant recipients to implement projects supported by OVW funds successfully.

“Every day, a vast network of dedicated individuals helps domestic violence survivors access multiple pathways to safety, justice, and healing,” said OVW Director Rosie Hidalgo. “OVW understands that there is no one-size-fits-all approach to addressing domestic violence. These funds will enable communities to increase capacity and strengthen a coordinated community approach to prevent and address violence in more comprehensive ways tailored to their communities. Together, with our grantees, we are building a future where individuals and families can live and thrive without the threat of intimate partner violence.”

 

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OVW provides leadership in developing the nation’s capacity to reduce violence through implementing the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities nationwide that are developing programs, policies, and practices to end domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
 

For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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RELEASE NUMBER:    2023-164_OVW Grant Awards

PHOENIX, Ariz. – Joel James Justin, 32, of Phoenix, was sentenced on Monday by United States District Judge Diane J. Humetewa to 120 months in prison, followed by three years of supervised release.

On October 3, 2021, Justin, a member of the Gila River Indian Community, stabbed the victim, killing him. The defendant pleaded guilty on February 7, 2023, to Voluntary Manslaughter.

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

 

CASE NUMBER:           CR-22-00074-PHX-DJH
RELEASE NUMBER:    2023-161_Justin

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PHOENIX, Ariz. – Jordan Dave Persad, 20, of Orlando, Florida, was sentenced on Monday by United States District Judge Diane J. Humetewa to 30 months in prison, followed by three years of supervised release. Persad was also ordered to pay $945,833 in restitution. Persad pleaded guilty to Conspiracy to Commit Computer Fraud. 

Between March 2021 and September 2022, Persad and his co-conspirators hacked into victims’ email accounts, hijacked their cell phone numbers, and gained unauthorized access to their online cryptocurrency accounts. As a result of this scheme, often referred to as “SIM swapping,” Persad and his co-conspirators stole close to $1 million worth of cryptocurrency from dozens of victims, including approximately $30,000 from a victim in Arizona. Defendant and his co-conspirators then divided these stolen funds amongst themselves, with Persad keeping around $475,000. Investigators were able to recover some of these funds when they executed search warrants at Persad’s Orlando home.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Amy Chang and Bridget Minder of the United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-00680-PHX-DJH
RELEASE NUMBER:    2023-163_Persad

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PHOENIX, Ariz. – Jedidiah Michael Noble, 35, of Ganado, Arizona, was sentenced on Monday by United States District Judge Michael T. Liburdi to 20 years in prison. Noble pleaded guilty to Second Degree Murder.

On January 13, 2021, Noble stabbed his grandmother approximately 50 times, killing her.

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

CASE NUMBER:           CR-21-08012-PCT-MTL
RELEASE NUMBER:    2023-162_Noble

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TUCSON, Ariz. – Jerardo Jay Rosales, 39, of Tucson, was arrested Wednesday and charged in a two-count complaint with Assault on Federal Officer Using a Deadly or Dangerous Weapon and Prohibited Possession of a Firearm by a Convicted Felon.

The complaint alleges that, on October 17, 2023, Rosales, a convicted felon, shot a federal officer in the left arm with a pistol, then fled in a vehicle. The officer suffered a non-life-threatening injury.

A conviction for Assault on Federal Officer Using a Deadly or Dangerous Weapon carries a maximum penalty of up to 20 years in prison, a fine of $250,000, or both, and a maximum term of three years supervised release. A conviction for Prohibited Possession of a Firearm by a Convicted Felon carries a maximum of up to 15 years in prison, a fine of $250,000, or both, and a maximum term of three years 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. Assistant U.S. Attorney Matthew Cassell, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           23-02095MJ
RELEASE NUMBER:    2023-165_Rosales

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TUCSON, Ariz. – Michael Lee, 27, of Tucson, was arrested yesterday on a federal complaint warrant by the Federal Bureau of Investigation’s Southern Arizona Violent Crime and Gang Task Force for transmitting threats through interstate communications for threatening to commit a mass shooting at the University of Arizona. 

The complaint alleges that Lee transmitted threats to commit a mass shooting at the university 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.”

The United States will have 30 days from arrest to indict Lee. 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 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:           23-02094MJ
RELEASE NUMBER:    2023-160_Lee

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PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for July 1, 2023, to September 30, 2023. 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 September 30, 2023, the United States brought criminal charges in Arizona against 1,219 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 254 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. In this time period, the United States also prosecuted 82 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 continues to be a priority 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 four cases brought against juvenile smugglers during this time period. 

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:    2023-157_2023 Third Quarter Immigration Enforcement Statistics
 

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TUCSON, Ariz. – Sunshine Michelle Betters, 47, of Tucson, was sentenced last week by United States District Judge Jennifer G. Zipps to 120 months in prison for Transportation of Illegal Aliens Resulting in Death. Betters also was sentenced to an additional 11 months imprisonment for violating her federal supervised release for a prior conviction for Transportation of Illegal Aliens.

On June 3, 2021, the Tohono O’odham Police Department (TOPD) responded to a two-vehicle collision on State Route 86 on the Tohono O’odham reservation. TOPD officers and detectives determined Betters was driving a vehicle which sideswiped an oncoming truck, which caused the vehicle to leave the roadway and strike a tree. There were two occupants in Betters’ vehicle, both undocumented noncitizens illegally present in the United States. One of those undocumented noncitizens, a citizen of Guatemala, died at the scene. Given the death of a foreign national, Homeland Security Investigations (HSI) and Border Patrol responded.

Through further investigation, HSI agents determined Betters was transporting the two undocumented noncitizens for financial gain. They also discovered that prior to the collision Betters, who was severely intoxicated, falsely believed she was being followed by Border Patrol and thus increased her speed. The combination of intoxication and speed were contributing factors to the collision and death.

Betters, who was on federal supervision for a previous conviction for Transportation of Illegal Aliens, pleaded guilty on October 17, 2022. She also admitted that her conduct violated the conditions of her supervised release.

Homeland Security Investigations, Customs and Border Protections U.S. Border Patrol, and the Tohono O’odham Tribal Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR 21-01526-TUC-JGZ
                                      CR 18-02003-TUC-JGZ
RELEASE NUMBER:    2023-158_Betters

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PHOENIX, Ariz. – Elan David Nash, 36, of Polacca, was sentenced on September 25, 2023, by United States District Judge Steven P. Logan to 25 years in prison. Nash previously pleaded guilty to Second Degree Murder, Kidnapping, and Assault Resulting in Substantial Bodily Injury of an Intimate Partner. 

During a violent crime spree in November of 2019, Nash shot and killed a woman on the Hopi Indian Reservation. Soon after that incident, Nash picked up another woman from the side of the road and forced her into his vehicle. He drove her to a remote area of the Hopi Indian Reservation, where he robbed her. After a pursuit by tribal law enforcement, Nash abandoned the vehicle he was driving, leaving behind evidence related to the murder. The investigation into these crimes also revealed that on December 3, 2019, on the Navajo Nation, Nash assaulted his then girlfriend, leaving her with substantial injuries. Nash pleaded guilty to all three charges in a single plea agreement combining three separate cases.

The Federal Bureau of Investigation conducted the investigation in this case, with assistance from Hopi Law Enforcement Services and the Navajo Nation Department of Public Safety. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBERS:         CR-22-8088-PCT-SPL
                                       CR-22-8089-PCT-SPL
                                       CR-23-8063-PCT-SPL
RELEASE NUMBER:    2023-159_Nash

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TUCSON, Ariz. – Jeremy Carson Lamb, 39, of Mesa, was sentenced last week by United States District Judge Jennifer G. Zipps to 288 months in prison, for attempted production of sex abuse material. Lamb pleaded guilty on June 13, 2023, to one count of Attempted Production of Child Pornography. 

In late 2019, Lamb traveled from Phoenix to Sierra Vista to meet and engage in sexual conduct with a person he believed to be a 14-year-old minor and had attempted to obtain sexually explicit images of the minor. Lamb was found with a large quantity of videos and images depicting children as young as one-year-old being sexually abused. The investigation confirmed that Lamb had distributed many child exploitation files to others. When Lamb 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.

“This defendant has no respect for laws and boundaries,” said United States Attorney Gary Restaino.  “When an undercover law enforcement officer posted an online profile pretending to be a young girl, the defendant engaged in a two-week effort to entice, induce, and lure. We appreciate the investigative efforts by Homeland Security Investigations to protect the community from defendant.”

“Predatory behavior will not be tolerated by HSI,” said Scott Brown, Special Agent in Charge for HSI Arizona. “The defendant in this case will spend the next 24 years in prison giving him ample opportunity to think about his actions. Let this case demonstrate HSI’s unwavering commitment to protect children and apprehend predators to then face justice.”

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

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

CASE NUMBER:           CR 19-3408-TUC-JGZ
RELEASE NUMBER:    2023-156_Lamb

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TUCSON, Ariz. – Oswaldo Lopez-Escobar, of Mexico, was charged by complaint on October 5, 2023, for Possession with Intent to Distribute Cocaine. 

The complaint alleges that, on October 4, 2023, Lopez-Escobar, driving a semi-truck, applied for admission into the United States from Mexico at the Mariposa Port of Entry in Nogales. During a customs inspection of the vehicle, Customs and Border Protection Officers found 155 packages of cocaine concealed in the floor of the trailer. The total weight of the packages was approximately 587 kilograms, or about 1294.2 pounds. The cocaine has an estimated value of between $10.7 and $12.5 million. 

A conviction for Possession with Intent to Distribute Cocaine carries a maximum penalty of up to life in prison with a mandatory minimum term of 10 years in prison, a fine of $10,000,000.00, or both; and a term of between five years and lifetime 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.

U.S. Customs and Border Protection, Homeland Security Investigations, and the Drug Enforcement Administration conducted the interdiction and subsequent investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           23-00747MJ
RELEASE NUMBER:    2023-154_Lopez-Escobar

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TUCSON, Ariz. –Delmetrice Tavion Marquin Taylor, 23, of Mesa, was sentenced on October 3, 2023, by United States District Judge John C. Hinderaker to 33 months in prison, followed by three years of supervised release. On July 12, 2023, Taylor pleaded guilty to Transportation of Illegal Aliens for Profit while Placing in Jeopardy the Life of Any Person. Taylor was also sentenced to four months of consecutive imprisonment for violating pretrial release conditions of an unrelated federal case in the District of Colorado.

On June 6, 2023, Taylor was encountered by United States Border Patrol (USBP) agents while transporting three individuals who were illegally in the United States.  Taylor failed to yield to agents, struck an agent’s vehicle, and traveled at high speeds through a USBP checkpoint.  Agents attempted to bring an end to his dangerous driving behavior with an immobilization device, but Taylor continued to drive at high speeds despite one tire beginning to deflate.  When apprehended, Taylor was in possession of a short-barrel rifle loaded with one hundred rounds in a magazine drum.  At the time of his arrest, Taylor was on federal pretrial release for the offense of Aiding and Abetting Making a False Statement in Connection with the Acquisition of a Firearm from a Licensed Dealer, committed in the District of Colorado.

Agents from the United States Border Patrol conducted the investigation in this case.  The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           23-CR-00910-TUC-JCH
RELEASE NUMBER:    2023- 155_Taylor

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PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona held its third United Against Hate event yesterday at Memorial Hall at Steele Indian School Park in Phoenix, Arizona. The event provided an opportunity for an informative and robust discussion with leaders from Arizona’s Hispanic community. Over 130 invited guests, including community members, local leaders, and law enforcement, were in attendance.  The event focused on establishing a dialogue between the community and law enforcement and on increasing community understanding and reporting of hate crimes and hate incidents.

“Hate crimes are among the most serious of federal offenses, and the U.S. Attorney’s Office remains committed to pursuing charges against those who victimize our fellow citizens based on who they are, how they worship, or who they love,” said Gary Restaino, U.S. Attorney for the District of Arizona. “We likewise remain committed to organizing community events like these United Against Hate meetings, which are essential to encourage reporting of hate crimes and to improve trust between law enforcement officials and the communities we serve.”

Yesterday’s event featured a panel discussion among community leaders and the U.S. Attorney. The discussion allowed attendees to hear directly from members of the local Hispanic community, who shared their thoughts, concerns, and experiences with hate crimes and hate incidents.

This third United Against Hate event follows similar meetings between the U.S. Attorney’s Office and leaders of Arizona’s African American and LGBT+ communities.  The District of Arizona will hold additional United Against Hate events in the coming months to engage with communities across the state. These events will further encourage collaboration, support hate crimes prevention efforts, and encourage more Arizonans to report hate crimes and hate incidents.
 

RELEASE NUMBER:    2023-153_United Against Hate Event

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TUCSON, Ariz. – Alan Flores, 53, of Sells, Arizona, was sentenced on Monday by United States District Judge John C. Hinderaker to 107 months in prison, followed by a lifetime term of supervised release. Flores pleaded guilty to Assault Resulting in Serious Bodily Injury to a Child Under the Age of 16 Years and Failure to Register as a Sex Offender.

On September 17, 2021, Flores, an enrolled member of the Tohono O’odham Nation, assaulted a 12-year-old juvenile by stabbing the juvenile in the face with a knife. Flores, who is a convicted sex offender, also failed to abide by his registration requirements and was not living at the address listed on his sex offender registration documents. These offenses occurred on the Tohono O’odham Indian Reservation.

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

CASE NUMBER:           CR 22-1321-TUC-JCH
RELEASE NUMBER:    2023-151_Flores

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PHOENIX, Ariz. – Erika LaRae Williams, 52, of Tempe, was sentenced on Monday by United States District Judge Steven P. Logan to 10 months in prison, followed by three years of supervised release. Williams pleaded guilty on May 22, 2023, to Making a Material False Statement During the Purchase of a Firearm.  

On September 3, 2020, Ms. Williams purchased a Taurus G3 pistol from AZESB, LLC. (dba Mo Money Pawn), a Federal Firearms Licensee (FFL), in Phoenix. Ms. Williams purchased this firearm for her son, Essa Williams, only five months after his release from the Arizona Department of Corrections for several violent felony convictions. During the purchase of the firearm, Williams completed the Firearms Transactions Record, known as ATF Form 4473. Ms. Williams swore that she was the actual purchaser of the firearm while knowing she was purchasing the firearm on behalf of Essa Williams.

Pursuant to a federal search warrant, the ATF seized and searched Ms. Williams’ cellular telephone, which revealed a lengthy text exchange with Essa Williams during the purchase of the Taurus G3 pistol. Essa Williams asked his mother via text message which firearm was purchased, what other options were available, and whether his mother’s background check went through. Ms. Williams provided Essa Williams details about who assisted in the purchase, and confirmed the purchase was complete.

Essa Williams is pending trial in Maricopa County Superior Court for shooting Phoenix Police Officer Tyler Moldovan on December 14, 2021. The Taurus G3 pistol was not the firearm that was used to shoot Officer Moldovan. On March 10, 2022, pursuant to a search warrant, ATF seized the Taurus G3 pistol from Erika Williams’ residence.

This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. 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.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           CR-22-00277-PHX-SPL
RELEASE NUMBER:    2023-150_Williams

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TUCSON, Ariz. – A federal grand jury in Tucson returned a six-count superseding indictment yesterday against Eric Ridenour, 58, of Douglas, for Arson of Property Used in Interstate Commerce, Obstruction of Free Exercise of Religious Beliefs by Fire, and Using Fire to Commit Federal Felony.

The superseding indictment alleges that Ridenour burned down two historic churches in Douglas: Saint Stephen’s Episcopal Church and First Presbyterian Church. Both churches are located on Church Square, in a historic district in the border town of Douglas, approximately two hours southeast of Tucson. According to the Guinness Book of World Records, it is the only block in the nation containing churches from four different denominations: Southern Baptist, Presbyterian, Episcopal, and Methodist. According to the superseding indictment, further investigation and evidence elicited in court testimony alleges that Ridenour intentionally started the fires in both churches because of his hostility toward their progressive doctrines, particularly their practice of having women and members of the LGBTQ community serve as church leaders. Ridenour was arrested on May 23, 2023, and charged by complaint with maliciously damaging or destroying both buildings by means of fire, in violation of 18 U.S.C. § 844(i). On June 22, 2023, he was initially indicted on two counts of the same.

A conviction for Arson of Property Used in Interstate Commerce carries a minimum penalty of five years imprisonment and maximum penalty of 20 years in prison. A conviction for Obstruction of Free Exercise of Religious Beliefs by Fire carries a maximum penalty of 20 years in prison. A conviction for Using Fire to Commit Federal Felony carries a penalty of 10 years in prison. A second conviction for Using Fire to Commit Federal Felony carries a penalty of 20 years in prison. Any conviction and subsequent mandatory term of imprisonment under Using Fire to Commit Federal Felony shall run consecutively to any other conviction.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Douglas Police Department are handling the investigation. Assistant U.S. Attorneys Adam Rossi, District of Arizona, Tucson, and Ben Goldberg, District of Arizona, Phoenix, are handling the prosecution.
 

CASE NUMBER:           CR 23-00908-TUC-SHR
RELEASE NUMBER:    2023-152_Ridenour

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Attorney General Merrick B. Garland today announced the appointment of the following seven U.S. Attorneys to serve on the Attorney General’s Advisory Committee (AGAC): Alexander M.M. Uballez for the District of New Mexico, Breon Peace for the Eastern District of New York, Kenneth Parker for the Southern District of Ohio, Natalie K. Wight for the District of Oregon, Eric G. Olshan for the Western District of Pennsylvania, Alamdar Hamdani for the Southern District of Texas, and Christopher R. Kavanaugh for the Western District of Virginia.

“United States Attorneys work every day throughout the country to advance our mission of upholding the rule of law, keeping our country safe, and protecting civil rights,” said Attorney General Merrick B. Garland. “I am grateful for the perspective the newest members of the Committee will provide on behalf of federal prosecutors across the country and the communities they serve.” 

In addition, the Attorney General has selected Gary Restaino for the District of Arizona to serve as the committee’s vice chair, replacing Cindy Chung, the former U.S. Attorney for the Western District of Pennsylvania who is now a judge on the Third Circuit Court of Appeals.

The Attorney General also thanked the following U.S. Attorneys who have completed their terms and are rotating off the committee: Cole Finegan for the District of Colorado, Brandon Brown for the Western District of Louisiana, Dawn Ison for the Eastern District of Michigan, Trini Ross for the Western District of New York, and Sandra Hairston for the Middle District of North Carolina.

The AGAC was created in 1973 and advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Justice Department policies.

The bios of all U.S. Attorneys are available here.

TUCSON, Ariz. – Saul Parra, Patrick Orozco, and Rafael Gamez-Ramirez, all from Tucson, were indicted on August 23, 2023, for Conspiring to Transport and Harbor Illegal Aliens for Profit.

The indictment alleges that, beginning around November 2021, Gamez-Ramirez coordinated with Orozco to purchase a parcel of land located in Bisbee, Arizona, to be used to facilitate the transport of undocumented noncitizens into the United States. Orozco bought and placed a recreational vehicle onto the property where undocumented noncitizens waited to be transported. Law enforcement officers pursued and stopped several vehicles leaving the parcel between November 2021 and January 2022. One of the smuggling events resulted in the death of an undocumented noncitizen after a driver lost control of the vehicle on I-10 near Exit 297. Parra participated in the human smuggling conspiracy by loaning his vehicles to drivers in exchange for payment.

A conviction for Conspiring to Transport and Harbor Illegal Aliens for Profit carries a maximum penalty of up to 10 years in prison, a $250,000 fine, and 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.

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

CASE NUMBER:            CR 23-01261-TUC-RM
RELEASE NUMBER:    2023-149_Parra (WITHDRAWING AND CORRECTING
                                        RELEASE # 2023-148_Parra)

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TUCSON, Ariz. – Saul Parra, Patrick Orozco, and Rafael Gamez-Ramirez, all from Tucson, were indicted on August 23, 2023, for Conspiring to Transport and Harbor Illegal Aliens for Profit.

The indictment alleges that, beginning around November 2021, Gamez-Ramirez coordinated with Orozco to purchase a parcel of land located in Bisbee, Arizona, to be used to facilitate the transport of undocumented noncitizens into the United States. Orozco bought and placed a recreational vehicle onto the property where undocumented noncitizens waited to be transported. Law enforcement officers pursued and stopped several vehicles leaving the parcel between November 2021 and January 2022; one such pursuit resulted in the death of an undocumented noncitizen after a driver lost control of the vehicle on I-10 near Exit 297. Parra participated in the human smuggling conspiracy by loaning his vehicles to drivers in exchange for payment.

A conviction for Conspiring to Transport and Harbor Illegal Aliens for Profit carries a maximum penalty of up to 10 years in prison, a $250,000 fine, and 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.

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

CASE NUMBER:            CR 23-01261-TUC-RM
RELEASE NUMBER:    2023-148_Parra

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PHOENIX, Ariz. – Hector Manuel Cruz, Jr., 29, of Chandler, was sentenced last week by United States District Judge G. Murray Snow to 15 years in prison, followed by five years of supervised release. On April 25, 2023, Cruz pleaded guilty to Possession with Intent to Distribute Methamphetamine.

Co-defendant Konstantin Shurayeu, 32, of Phoenix, was sentenced this summer by Judge Snow to seven years in prison, followed by five years of supervised release. On March 14, 2023, Shurayeu also pleaded guilty to Possession with Intent to Distribute Methamphetamine.

On July 14, 2022, Cruz and Shurayeu met at an apartment complex in Phoenix to complete a drug transaction. Law enforcement ultimately found 4.93 kilograms of fentanyl, 3.38 kilograms of methamphetamine (actual), 8.49 grams of methamphetamine, 1.20 kilograms of cocaine, 0.77 kilograms of fentanyl analogue, 1.12 kilograms of heroin, 0.35 grams of oxycodone, 0.84 kilograms of marijuana and 12,330 units of Xanax (a Schedule IV substance) between Cruz’s vehicle, Shurayeu’s vehicle, and Cruz’s apartment. Law enforcement also located 16 handguns, two shotguns, one rifle, a ballistic vest and $118,195.00 in United States currency in Cruz’s apartment.  

 

The Drug Enforcement Administration conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:            CR 22-00901-PHX-GMS
RELEASE NUMBER:    2023-147_Cruz

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TUCSON, Ariz. – David Lee McCracken, II, 45, of Tucson, was sentenced last week by United States District Judge Scott H. Rash to 70 months in prison, followed by five years of supervised release. McCracken pleaded guilty to Possession with Intent to Distribute Methamphetamine. 

On August 22, 2022, United States Border Patrol agents encountered McCracken at the SR-286 checkpoint driving a sedan. McCracken consented to a search of his vehicle’s trunk, during which an agent observed a large spare tire and rim for an off-road vehicle inside the trunk. When the agent directed McCracken to secondary inspection, McCracken abruptly fled at a high rate of speed. After an extensive search, agents located McCracken, the vehicle, and tire. The tire contained 55 packages of methamphetamine, totaling approximately 25 kilograms.

Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Stefani Hepford, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR 22-02028-TUC-SHR
RELEASE NUMBER:    2023-146_McCracken

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PHOENIX, Ariz. – James Philip Piccolo, 65, of Scottsdale, Arizona was sentenced on Wednesday to 18 months in prison, followed by three years of supervised release. He also was ordered to pay $651,478 in restitution to the IRS and a $10,000 fine. Piccolo pleaded guilty in January 2023 to one count of failing to pay the IRS federal income taxes withheld from employees.

Piccolo co-founded Tecademics, LLC in 2016 and founded IQUP, Inc. in 2017. Both Tecademics and IQUP instructed clients in how to manage online businesses and conduct marketing efforts on the internet. In his plea agreement, Piccolo admitted that he was responsible for submitting any tax payments to the IRS for both companies. Between 2017 and 2018, Piccolo received business tax returns prepared by Tecademics’s and IQUP’s bookkeeper. Those returns reported employees’ wages for each quarter, as well as the portion of the wages withheld by the employer for state and federal taxes. Piccolo admitted that he knew that he was required to pay those taxes to the IRS. For the tax periods between January 2017 and April 2018, however, Piccolo did not pay the taxes owed by Tecademics and IQUP. In total, Piccolo failed to pay $651,478 in taxes to the IRS.

“The conviction and sentencing of the defendant are the results of an effort by the Internal Revenue Service to vindicate the rights of honest business owners by holding scofflaws to account,” said U.S. Attorney Gary Restaino. “Instead of following the law, Piccolo breached his employees’ trust by failing to pay the taxes withheld on their behalf.”

This case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Aron Ketchel, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:            CR-23-0037-JAT
RELEASE NUMBER:    2023-145_Piccolo

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TUCSON, Ariz. – Yvette Naomi Garcia, 36, of Tucson, Arizona, was sentenced on Tuesday by United States District Judge Scott H. Rash to 20 years in prison, followed by five years of supervised release. Garcia pleaded guilty to Second Degree Murder. 

On December 26, 2021, Garcia, an enrolled member of the Pascua Yaqui Tribe, murdered a Pascua Yaqui woman by intentionally running her over multiple times with a vehicle. The offense occurred on the Pascua Yaqui Indian Reservation in Tucson, Arizona.

The FBI and the Pascua Yaqui Police Department conducted the investigation in this case. Assistant U.S. Attorneys Frances M. Kreamer Hope and Scott A. Turk, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR 22-0525-TUC-SHR (BGM)
RELEASE NUMBER:    2023-144_Garcia

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PHOENIX, Ariz. – Fernando Ray White, 42, of Santan, Arizona, a member of the Gila River Indian Community, was sentenced on Monday by United States District Judge Diane J. Humetewa to 210 months in prison, followed by five years of supervised release. On December 9, 2019, White shot the victim multiple times, killing her. The defendant pleaded guilty on July 14, 2023, to Second Degree Murder.

The Gila River Police Department and the FBI 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-21-00766-PHX-DJH
RELEASE NUMBER:    2023-143_White

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TUCSON, Ariz. – On September 5, Sean Lee Arnold, 51, of Tucson, was sentenced by United States District Judge James A. Soto to 135 months in prison, followed by five years of supervised release. Arnold previously pleaded guilty to Possession with the Intent to Distribute Methamphetamine and Possession of a Firearm by a Convicted Felon.

On August 31, 2021, law enforcement agents served a search warrant on Arnold’s home in central Tucson where they found approximately 1.35 kilograms of pure methamphetamine and a rifle. Arnold admitted to agents that he bought and sold multiple pounds of methamphetamine a month and that he knew he was prohibited from possessing weapons.

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

Homeland Security Investigations, the FBI, and the Drug Enforcement Administration conducted the investigation in this case. Assistant U.S. Attorneys, Ashley Culver and David Petermann, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR 21-2521-TUC-JAS
RELEASE NUMBER:    2023-140_Arnold

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PHOENIX, Ariz. – Yesterday, a jury found Tre C. James, 31, of Pinon, Arizona, guilty of the First Degree Murder of Jamie Yazzie. The jury also found James guilty of several acts of domestic violence committed against three former intimate and dating partners. The guilty verdict followed a seven-day jury trial before the Honorable Douglas L. Rayes. Sentencing is set for January 29, 2024. James faces a mandatory life sentence for his crimes.

James was charged with nine federal crimes. Counts 1 and 2 alleged that James shot and killed Jamie Yazzie, a Pinon woman who went missing in the summer of 2019, and whose remains were found on the Hopi Indian Reservation in November 2021. Ms. Yazzie was listed as a missing person by both Federal and Tribal law enforcement. The investigation into Ms. Yazzie’s disappearance was headed by the Federal Bureau of Investigation, but multiple agencies provided invaluable assistance at all stages, including the Navajo Nation Division of Public Safety Criminal Investigation Services, Navajo Nation Police Department, Bureau of Indian Affairs (Hopi), and Navajo County Sherriff’s Office. 

While investigating Ms. Yazzie’s disappearance, law enforcement uncovered several acts of domestic violence that James committed against other women. The jury unanimously found James guilty of these domestic violence counts as well, Counts 3 through 9. 

“Vindicating the rights of missing and murdered indigenous persons requires all the energy and compassion we have,” said United States Attorney Gary Restaino.“That means not only investigation and prosecution of tough cases, but also community engagement, cultural competence,  and active listening to next of kin and other family members.”

FBI Special Agent Dustin Drace led the investigation. Assistant U.S. Attorneys Jennifer E. LaGrange and Sharon K. Sexton, District of Arizona, Phoenix, handled the prosecution. Ms. Yazzie’s family, including her mother, father, grandmother, and other relatives and friends attended all seven days of trial, and want to express gratitude to their attorney, Darlene Gomez, for doing the same. 

The Crime Victims’ Rights Act recognizes the importance of private lawyers in amplifying victims’ rights, and the Federal Crime Victim Assistance Fund is available to pay travel and lodging costs and per diem for next of kin. The U.S. Attorney’s Office for the District of Arizona is committed to addressing the persistent violence endured by Native American families and communities in the state of Arizona, including by working with Tribal nations to address the important issues of missing or murdered indigenous persons, and acts of domestic violence. This office and the Department of Justice view this work as a priority for its law enforcement components.

CASE NUMBER:           CR-22-08073-PCT-DLR
RELEASE NUMBER:    2023-139_James

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