District of Arizona

PHOENIX, Ariz. – Brian Riggs, 51, of Jeddito, Arizona, was sentenced last week by United States District Judge Michael T. Liburdi to 30 years in prison, followed by five years of supervised release. Riggs, an enrolled member of the Navajo Nation, was convicted of Second Degree Murder following a seven-day jury trial. 

On February 16, 2019, emergency medical services responded to a home on the Navajo Nation Indian Reservation. The victim was deceased and had sustained injuries over his entire body. Riggs was the only other person present at the home when the victim was killed. The victim and Riggs were involved in an intimate relationship. 

The Federal Bureau of Investigation and Navajo Nation Department of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Tracy Van Buskirk and Brian Kasprzyk, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR19-08091-PCT-MTL
RELEASE NUMBER:    2023-050_Riggs

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. – Ryan C. Patterson, 34, of Scottsdale, Arizona, was sentenced last week to 20 months in prison, followed by three years of supervised release. He also was ordered to pay $436,194 in restitution to the IRS. Patterson was convicted on September 23, 2022, by a federal jury of three counts of tax evasion, after a two-week trial.

Patterson, a contractor specializing in remodels, directed customers to make out checks to him personally and deposited the checks into his personal checking accounts. He failed to report $1.9 million in income and avoided nearly $550,000 in taxes. He also reported a loss of $38,000 in 2016, while at the same time purchasing a primary residence for $445,000 in cash and making other lavish expenditures.

“The conviction and sentencing of the defendant are the result of an effort by the Internal Revenue Service to vindicate the rights of honest American taxpayers by holding scofflaws to account,” said U.S. Attorney Gary Restaino. “Instead of following the law, Patterson blatantly ignored it, and selfishly lined his pockets with money to which he wasn’t entitled.”

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

CASE NUMBER:      CR-21-00724-PHX-JJT
RELEASE NUMBER:    2023-048_Patterson

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. –Anthony Henry Williams, 52, of Surprise, Arizona, was sentenced last week by United States District Judge Michael T. Liburdi to four years in prison. Williams was convicted on January 11, 2023, of 17 counts including conspiracy, false claims to the IRS, and transactional money laundering.

In 2018 and 2019, Williams submitted seven false tax returns to the Internal Revenue Service (IRS), claiming over $3 million in owed refunds. The IRS processed one of these returns that resulted in an unwarranted $600,000 refund to Williams. The IRS later advised him that the return was fraudulent, and that Williams needed to return the money. Williams failed to do so; instead, he purchased two luxury vehicles and a home, among other expenditures.

His co-defendant, Shakina Williams, pleaded guilty and was sentenced to time served followed by 12 months of supervised release for her role in the offense. Both defendants were ordered to pay almost $600,000 in restitution. They also were ordered to forfeit their interests in a Surprise home, an Audi A7, and a Porsche Panamera.

Internal Revenue Service Criminal Investigation conducted the investigation in this case. Assistant United States Attorneys Kevin M. Rapp and Kristen Brook, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-21-00722-PHX-MLT
RELEASE NUMBER:    2023-047_Williams

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PHOENIX, Ariz. – Preston Henry Tolth, 23, of New Mexico, was indicted by a federal grand jury in Phoenix on March 14, 2023. The grand jury returned a two-count indictment for Assault Resulting in Serious Bodily Injury and Carjacking Resulting in Serious Bodily Injury.

The indictment alleges that, on or about June 15, 2021, Tolth assaulted the victim, resulting in serious bodily injury to her. It further alleges that Tolth took the victim's Ford F150 pick-up truck, and transported it across state lines, with the intent to cause death or serious bodily injury to the victim.

“This indictment is an important first step in determining the truth about what happened to an elderly victim on the Navajo Nation,” said U.S. Attorney Gary Restaino. “The indictment charges the defendant with carjacking and assault; the investigation is ongoing.”

A conviction for Assault Resulting in Serious Bodily Injury carries a maximum penalty of 10 years in prison and a $250,000 fine. A conviction for Carjacking Resulting in Serious Bodily Injury carries a maximum penalty of 25 years in prison and a $250,000 fine.

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

This investigation is part of the Department of Justice’s efforts to address cases involving missing and murdered indigenous persons.

The Federal Bureau of Investigation, along with the Navajo Nation Department of Criminal Investigations, conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:           CR-23-8043-PCT-DLR-MTM
RELEASE NUMBER:    2023-049_Tolth

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The Department of Justice announced today that it has seized virtual currency worth an estimated $112 million linked to cryptocurrency investment scams.

Seizure warrants for six virtual currency accounts were authorized by judges in the District of Arizona, the Central District of California, and the District of Idaho.

According to court documents, the virtual currency accounts were allegedly used to launder proceeds of various cryptocurrency confidence scams. In these schemes, fraudsters cultivate long-term relationships with victims met online, eventually enticing them to make investments in fraudulent cryptocurrency trading platforms. In reality, however, the funds sent by victims for these purported investments were instead funneled to cryptocurrency addresses and accounts controlled by scammers and their co-conspirators.  

“Transnational criminal organizations are combining confidence scams with technological savvy to swindle Americans out of their hard-earned funds,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “These particularly vicious frauds – where scammers carefully cultivate relationships with their victims over time – have devastated families and cost individuals their life savings. Now that we have seized this virtual currency, we will seek to swiftly return it to victims. In addition to our tireless efforts to disrupt these schemes, we must also work to raise public awareness and help inform potential victims: be wary of people you meet online; seriously question investment advice, especially about cryptocurrency, from people you have not met in person; and remember, investments that seem too good to be true, usually are.” 

In 2022, investment fraud caused the highest losses of any scam reported by the public to the FBI’s Internet Crimes Complaint Center (IC3), totaling $3.31 billion. Frauds involving cryptocurrency, including pig butchering, represented the majority of these scams, increasing a staggering 183% from 2021 to $2.57 billion in reported losses last year. 

According to the FBI, the highest number of reports came from victims between the ages of 30 and 49. In these schemes, often called “Sha Zhu Pan,” a Chinese phrase that loosely translates to “pig butchering,” scammers often target their victims through social networking and online communications platforms, dating websites, and phone calls and text messages that are meant to appear to have been misdialed. After gaining the trust of their victims – sometimes over a period of months – scammers eventually introduce the idea of trading in cryptocurrency. They then direct victims to cryptocurrency investment platforms or to co-conspirators posing as investment advisors or customer service representatives. Scammers control websites that are built to look similar to legitimate trading platforms, applications that victims download onto their phones, or malicious smart contracts accessed through cryptocurrency wallet software. Once victims make an initial “investment,” the platforms purport to show substantial gains. Sometimes, victims are even allowed to withdraw some of these initial gains to further engender trust in the scheme. It is not until a large investment is made that victims find that they are unable to withdraw their funds. Even when a victim is denied access to their funds, the fraud is often not yet over. Scammers request additional investments, taxes, or fees, promising that these payments will allow victims access to their accounts. These scam operations often continue to steal from their victims and do not stop until they have deprived victims of any remaining savings. 

“Depriving scam organizations of their ill-gotten gains is an important part of our strategy to combat these ruthless schemes,” said Director Eun Young Choi of the Criminal Division’s National Cryptocurrency Enforcement Team (NCET). “We will continue to use all tools at our disposal to disrupt and deter cryptocurrency confidence schemes, including by following the money on the blockchain and seizing cryptocurrency to return funds to victims, and by targeting and taking down online infrastructure used by the scammers. Today’s announcements also demonstrate the value of early notification by victims to law enforcement; we thank those victims who came forward to notify the FBI when they were targeted by this scheme.” 

“Financial fraud schemes like these demonstrate the great lengths criminals will take to swindle innocent victims out of their money,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “We continue to see these schemes evolve and provide new avenues for criminals to exploit. Today's announcement should serve as reminder of the FBI's unwavering commitment, alongside our federal and international law enforcement partners, to investigating and pursuing criminal actors who seek to defraud the American public. There is no place beyond the reach of the FBI.”

The FBI Phoenix Division is investigating this case.

Assistant U.S. Attorneys Seth Goertz and Ryan Ellersick for the District of Arizona, Daniel Boyle for the Central District of California, and Bill Humphries for the District of Idaho are in charge of the seizures announced today, with significant assistance and coordination by Georgiana MacDonald of the NCET and Tian Huang and Brandon Burkart of the Criminal Division’s Fraud Section. 

If you or someone you know is a victim, visit www.fbi.gov/cryptoguard , contact your local FBI field office, call 1-800-CALL-FBI, or report it to the IC3.gov. In your complaint, please reference, “Pig Butchering PSA.” Include as much information as possible in your complaint including names of investment platforms, cryptocurrency addresses and transaction hashes, bank account information, and names and contact information of suspected scammers. Maintain copies of all communications with scammers and records of financial transactions.

TUCSON, Ariz. – Sergio Caballero, 35, of Nogales, Sonora, Mexico, was sentenced on Wednesday by United States District Judge Rosemary Márquez to 63 months in prison, followed by three years of supervised release. Caballero pleaded guilty to Importation of Methamphetamine.

On September 1, 2021, Caballero entered the United States from Mexico via the Mariposa Port of Entry in Nogales, Arizona. At the time of his crossing, Caballero was driving a Chevrolet Suburban that he claimed to own. During a routine inspection, Customs and Border Protection officers noticed irregularities with the vehicle’s gas tank. They later discovered 90 packages in the gas tank that contained approximately 43.04 kilograms of methamphetamine.

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

CASE NUMBERS:        21-CR-02517-TUC-RM (DTF)
                                         21-CR-50140-TUC-RM (DTF)

RELEASE NUMBER:    2023-046_Caballero                                        

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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TUCSON, Ariz. – A federal grand jury returned an indictment last week against Juan Manuel Soto-Guzman, 41, of Mexico, and Adulfo Soto-Guzman, 45, of Mexico, for conspiracy to transport and harbor illegal aliens for profit.

The complaint alleges, in part, that an investigation identified Juan Manuel Soto-Guzman, as a person involved in a conspiracy to transport undocumented non-citizens (UNCs) for profit. J. Soto-Guzman was identified as a UNC smuggling coordinator, responsible for coordinating the transportation and harboring of UNCs and housing them in Phoenix, Arizona, before coordinating their transportation to their final destinations within the United States.

Adulfo Soto-Guzman also was identified as a member of the conspiracy. The complaint alleges that he was responsible for delivering money to other co-conspirators to pay load drivers and finance human smuggling activities within this organization. Many of the UNCs had crossed the border from Mexico, and were transported through Southern Arizona to stash houses in Phoenix, Arizona, as they waited for further transportation within the United States.  

During the course of the investigation, agents seized over 20 notebooks containing ledgers detailing human smuggling, cash payments due, and cellphones previously identified as being used by this organization.

A conviction for conspiracy to transport and harbor illegal aliens carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.

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

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

The investigation in this case was conducted by Homeland Security Investigations (HSI)–Douglas Office, with the assistance of HSI-Phoenix, Enforcement and Removal Operations-Phoenix and United States Border Patrol-Sonoita. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           CR 23-0386-TUC-RM
RELEASE NUMBER:    2023- 045_Soto-Guzman

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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TUCSON, Ariz. – David Wayne Radde, 60, of Tucson, was sentenced last week by United States District Judge John C. Hinderaker to 120 months in prison. Radde pleaded guilty to Possession with Intent to Distribute Methamphetamine and Felon in Possession of a Firearm.

On November 10, 2020, Pima County Sheriff’s deputies stopped a vehicle driven by Radde for multiple traffic violations. A drug detection canine was called to the scene and alerted to the presence of drugs inside the vehicle. Sheriff’s deputies then searched the vehicle and found 2.68 kilograms of methamphetamine inside the passenger area of the vehicle. Due to the large quantity of methamphetamine, Drug Enforcement Administration agents were called to the scene. Inside the trunk, agents found a loaded Taurus 9 mm firearm and $14,695 in cash. A criminal records check revealed that Radde had multiple prior felony convictions, which prohibited him from possessing firearms.

The Drug Enforcement Administration conducted the investigation in this case with the assistance of the Pima County Sheriff’s Department. Assistant U.S. Attorney Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-21-0940-TUC-JCH
RELEASE NUMBER:    2023-044_Radde

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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A Nigerian national was sentenced today to four years and one month in prison for his role in a cybercriminal group operating out of Nigeria and Malaysia, among other places, that executed complex financial fraud scams using the internet.

According to court documents, between December 2011 and January 2017, Solomon Ekunke Okpe, 31, of Lagos, and his co-conspirators devised and executed business email compromise (BEC), work-from-home, check-cashing, romance, and credit card scams that targeted unsuspecting individuals, banks, and businesses in the United States and elsewhere, and were intended to cause more than a million dollars in losses to U.S. victims. Among the victims of the scheme were First American Holding Company and MidFirst Bank. 

To execute the scheme, Okpe and his co-conspirators launched email phishing attacks to steal victim login credentials and other sensitive information, hacked into victim online accounts, impersonated people, and assumed fake identities to defraud individuals, banks, and businesses, and trafficked, possessed, and used stolen credit cards in furtherance of the scheme. For instance, in BEC scams, Okpe and his co-conspirators posed as trusted individuals in order to deceive banks and companies into making unauthorized wire transfers to bank accounts specified by the co-conspirators. The co-conspirators also falsely posed as online employers on job websites and forums and purported to “hire” individuals in Arizona and elsewhere to positions that were marketed as legitimate. In reality, these work-from-home “employees” were often unwittingly directed to perform tasks that would facilitate the co-conspirators’ fraud schemes. Some of these tasks included creating bank and payment processing accounts, transferring/withdrawing money from these accounts, or cashing/depositing counterfeit checks. 

Okpe and his co-conspirators additionally conducted romance scams by creating accounts on dating websites, feigning interest in romantic relationships with individuals under fictitious identities, and causing these victims to transfer their moneys overseas and/or receive money from wire-transfer scams. Okpe caused and intended to cause individual romance scam victims to suffer tens of thousands of dollars of losses.

Okpe was previously arrested in Malaysia at the request of the United States and detained for over two years as he contested extradition to the United States. 

On March 20, one of Okpe’s co-conspirators, Johnson Uke Obogo, was sentenced to one year and one day in prison in connection with his role in related financial fraud activity. 

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Gary M. Restaino for the District of Arizona, and Special Agent in Charge Joseph E. Carrico of the FBI Knoxville Field Office made the announcement.

Senior Counsel Aarash Haghighat of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Seth Goertz for the District of Arizona prosecuted the cases against Okpe and Obogo. The Justice Department’s Office of International Affairs provided significant assistance throughout the investigation and extradition process.

A number of victims have been identified by the FBI. However, there is evidence of many more victims that 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.

TUCSON, Ariz. – Dillyn Anthony Dust, 19, of Benson, Arizona, was charged by criminal complaint last week for Unlawful Possession of an Unregistered Machinegun.

The complaint alleges that, in January 2023, Special Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), were alerted about an individual named Dillyn Anthony Dust possessing two machinegun conversion devices. Machinegun conversion devices are designed to convert a semi-automatic firearm into a fully automatic firearm or machinegun, with the single pull of the trigger. The devices, by themselves, are machineguns. All machineguns are required to be registered with the National Firearms Registration and Transfer Record.

On February 15, 2023, an undercover ATF Special Agent attempted to arrange for the purchase of two firearms from Dust. Although Dust sent the undercover agent a video of himself with numerous weapons including two Glock-type firearms with machinegun conversion devices attached, he refused to sell them to the undercover agent. On March 15, 2023, ATF executed a federal search warrant for Dust’s residence and located two machinegun conversion devices inside the residence.

ATF Special Agents examined the machinegun conversion devices at the scene and determined the devices met the definition of a machinegun requiring registration. After further investigation, the agents learned that the machinegun conversion devices were not registered to anyone, and that Dust did not have firearms registered to his name.

A conviction for Possession of an Unregistered Machinegun carries a maximum penalty of 10 years in prison, a $10,000 fine, or both.

A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

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.

ATF is conducting the investigation in this case. Assistant United States Attorney Adam Rossi, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:            MJ-23-02948-N/A-MSA
RELEASE NUMBER:    2023-043_Dust

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PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona held its second United Against Hate event yesterday at the Sandra Day O’Connor College of Law at Arizona State University in Phoenix, Arizona. The event provided an opportunity for an informative and robust discussion with members and leaders from Arizona’s LGBTQIA+ community. Approximately 80 invited guests, including community members and leaders, law enforcement, lawyers who prosecute or litigate hate crimes/incidents and discrimination claims, and a reporter with LookoutPhx.org, were in attendance. The event focused on establishing a dialogue, brainstorming ways to increase trust in law enforcement, and increasing community understanding of the critical importance of reporting hate crimes and hate incidents.

“Hate crimes harm not just individuals, but also traumatize communities and families,” said Gary Restaino, U.S. Attorney for the District of Arizona. “My office is committed to using all the tools in our law enforcement arsenal, both to prosecute acts motivated by hate, and to educate against ignorance and bias.”

Yesterday’s event featured a discussion with a panel comprised of community leaders, law enforcement partners, and members of the U.S. Attorney’s Office. The panel discussion, moderated by the U.S. Attorney’s Office, allowed attendees to hear directly from leaders in the community, who shared their thoughts, concerns, and experiences with hate crimes and incidents. The event also included presentations from the FBI, the Phoenix Police Department, the Maricopa County Attorney’s Office, and the Arizona Attorney General’s office.

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:    2023-042_United Against Hate

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Note: View the indictment here.

Extensive coordination and cooperation efforts between U.S. and Mexican law enforcement authorities culminated in the International Criminal Police Organization (INTERPOL) Mexico and the Fuerza Estatal de Seguridad Ciudadana (FESC) executing the arrests of a human smuggler, along with a co-conspirator, alleged to have operated on the U.S.-Mexico border for several years.

Ofelia Hernandez-Salas, 60, and co-conspirator Raul Saucedo-Huipio, 48, were arrested in Mexico at the request of the United States pursuant to charges previously filed in the District of Arizona and unsealed last week. Hernandez-Salas and Saucedo-Huipio allegedly conspired with other smugglers to facilitate the travel of large numbers of migrants from and through Bangladesh, Yemen, Pakistan, Eritrea, India, the United Arab Emirates, Uzbekistan, Russia, Egypt, Brazil, Peru, Ecuador, Colombia, Costa Rica, Nicaragua, Honduras, El Salvador, Guatemala, Mexico, and ultimately, into the United States. Hernandez-Salas and Saucedo-Huipio allegedly charged the migrants as much as tens of thousands of dollars to make the illegal and perilous journey. In addition to the large-scale smuggling of migrants to the United States, Hernandez-Salas and Saucedo-Huipio often allegedly robbed the migrants of their personal belongings while armed with weapons such as guns and knives.

“The indictment and arrests of human smugglers send a stark message that the Department of Justice will not rest until all those who feed on the desperation of others are brought to justice,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “By dismantling an organization that has operated with impunity for so many years, we have taken yet another stride toward making the global community a safer place. It is thanks to our tremendous partnerships with countries like Mexico that we are able to draw a line in the sand and make it crystal clear that people will no longer be treated like commodities and their lives will no longer be put at risk in the name of profit.”

“Once again we see that international cooperation is far more important to a border strategy than physical barriers,” said U.S. Attorney Gary Restaino for the District of Arizona. “These defendants allegedly conspired to flout America’s immigration laws, and to victimize the very migrants they were purporting to help. Our friends and neighbors in Mexican law enforcement have been integral to our efforts to bring this smuggling ring to justice.”

The indictments against Hernandez-Salas and Saucedo-Huipio and their subsequent arrests were coordinated under Joint Task Force Alpha (JTFA). JTFA was created by Attorney General Merrick B. Garland in June 2021, in partnership with Homeland Security Secretary Alejandro N. Mayorkas, to strengthen the department’s overall efforts to combat these crimes based on the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle those human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse, or exploit migrants, present national security risks, or engage in other types of transnational organized crime.

“This administration has led an unprecedented anti-human smuggling campaign that leverages the full weight of the U.S. government, and it is showing results,” said Deputy Secretary John K. Tien of the Department of Homeland Security. “These indictments build on tremendous collaboration across the federal government, which includes JTFA, and the investments we continue to make in strengthening our relationships with partners in the region and throughout the hemisphere. We are unwavering in our commitment to continuing to hold transnational criminal networks accountable, and to bring them to justice.”

“Combatting human smuggling is one of our top law enforcement priorities, and a critical component of national security,” said Deputy Director and Senior Official Performing the Duties of the Director Tae D. Johnson of the U.S. Immigration and Customs Enforcement (ICE). “Homeland Security Investigations special agents are committed to holding transnational criminal organizations accountable for perpetrating this horrific crime. We will continue to employ our full range of law enforcement techniques and authorities against human smugglers – let today’s announcement serve as a reminder that we will expose you, dismantle your networks, and see that you face justice.”

“U.S. Customs and Border Protection (CBP), along with our partners, will continue to use every authority at our disposal to curtail these threats and prevent harm,” said Acting Commissioner Troy Miller of the CBP. “Our ongoing joint enforcement efforts to attack and dismantle these dangerous global criminal networks will keep our borders strong and local streets and communities safe.”

Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other interagency law enforcement participants, and with foreign law enforcement partners, including El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations who have the most impact on the United States; and coordinated significant smuggling indictments and extradition efforts in U.S. Attorneys’ offices across the country. JTFA is comprised of detailees from southwest border U.S. Attorneys’ offices, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California, and dedicated support for the program is also provided by numerous components of the Justice Department’s Criminal Division that are part of JTFA – led by the Human Rights and Special Prosecutions Section (HRSP) and supported by the Office of Prosecutorial Development, Assistance, and Training (OPDAT), the Narcotic and Dangerous Drug Section (NDDS), the Money Laundering and Asset Recovery Section (MLARS), the Office of Enforcement Operations (OEO), the Justice Department’s Office of International Affairs (OIA), and the Organized Crime and Gang Section (OCGS). JTFA is made possible by substantial law enforcement investment from DHS, FBI, DEA, and other partners.

The investigation is also supported by the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence, and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

HSI Yuma is investigating the case with assistance from the U.S. Border Patrol (USBP), CBP, U.S. Immigration and Custom’s Enforcement and Removal Operations (ICE-ERO), FBI, and U.S. Marshals Service (USMS), working in concert with HSI Tijuana, INTERPOL, and the HSI Human Smuggling Unit in Washington, D.C. HSI also received substantial assistance from CBP’s National Targeting Center/Counter Network Division and the Office of Foreign Assets Control. The Department of Justice thanks Mexican law enforcement, who were instrumental in arresting Hernandez-Salas, including substantial assistance provided by FESC.

JTFA Co-Director James Hepburn and Trial Attorney Patrick Jasperse of HRSP and Assistant U.S. Attorney Lisa Jennis for the District of Arizona are prosecuting the case, with significant assistance provided by the Justice Department’s Office of International Affairs.

The charges contained in an indictment are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

PHOENIX, Ariz. – Juan Alfonso Torres-Rodriguez, 27, of Mexico, was charged by criminal complaint on March 9, 2023, with one count of Possessing Suspected Fentanyl Pills for Distribution. 

The complaint alleges that, on the evening of March 8, 2023, law enforcement officers observed Torres-Rodriguez participating in a suspected drug transaction. Subsequent searches of Torres-Rodriguez’s residence and vehicle led to the seizure of more than one million pills (approximately 108 kilograms of pills), suspected of containing fentanyl. The complaint further alleges that Torres-Rodriguez intended to distribute more than one million fentanyl pills.

A conviction for Possessing 400 Grams or More of Fentanyl for Distribution carries a mandatory minimum sentence of 10 years in prison with a maximum penalty of life in prison, a fine of up to $10,000,000, and five years up to a lifetime of supervised release.

A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation was conducted by the United States Drug Enforcement Administration Task Force Group. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:           MJ-23-09152-ESW
RELEASE NUMBER:    2023-041_Torres-Rodriguez

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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TUCSON, Ariz. – James Valentine Siehien, 53, of Tucson, Arizona, pleaded guilty last week to one count of Bank Robbery and two counts of Armed Bank Robbery. Sentencing is scheduled for May 30, 2023, before United States District Judge Raner C. Collins.

Siehien admitted that, on October 21, 2021, he robbed approximately $4,000 from a Chase Bank located in Tucson, Arizona. He also admitted that five days later, he robbed approximately $2,700 from a PNC Bank in Tucson, with what was later determined to be a fake explosive device. Finally, Siehien admitted that, on November 5, 2021, he robbed approximately $2,200 from a First Convenience Bank in Tucson, while possessing an axe.

A conviction for Bank Robbery carries a maximum penalty of 20 years in prison, a fine of up to $250,000, and up to three years of supervised release. A conviction for Armed Bank Robbery carries a maximum penalty of 25 years in prison, a fine of up to $250,000, and up to five years of supervised release.

The Federal Bureau of Investigation and the Tucson Police Department conducted the investigation in this case. Assistant United States Attorney Adam Rossi, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           CR-21-03071-TUC-RCC (LCK)
RELEASE NUMBER:    2023-040_Siehien

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TUCSON, Ariz. – Abelardo Rodriguez-Arvizu, 38, of Mexico, was sentenced on March 3, 2023, by United States District Court Judge Jennifer G. Zipps to 117 months in prison. Rodriguez-Arvizu was found guilty following a bench trial of one count each of Conspiracy to Commit Robbery, Conspiracy to Possess with Intent to Distribute Marijuana, and Possession of a Firearm During a Drug Trafficking Offense. 

On October 24, 2015, United States Border Patrol (USBP) agents encountered Rodriguez-Arvizu and several other individuals in the desert south of Tucson. Rodriguez-Arvizu and his co-conspirators were part of a drug “rip crew” whose goal was to rob marijuana backpackers of their drug loads. When Border Patrol agents arrived, Rodriguez-Arvizu fled, but forensic testing later revealed his DNA on a water jug and jacket left behind. Rodriguez-Arvizu and his co-conspirators were armed with at least five semi-automatic firearms, body armor, and other items indicative of a rip crew.

USBP agents arrested Rodriguez-Arvizu on November 18, 2019, for his role in the crimes. Co-conspirators Francisco Javier Caballero-Bustamante and Jose Carlos Lemus-Veliz were arrested by USBP and sentenced, prior to Rodriguez-Arvizu’s arrest, by Judge Zipps to 98 months and 144 months, respectively, for their roles in the rip crew. 

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

CASE NUMBER:           CR-15-1390-003-TUC-JGZ-EJM
RELEASE NUMBER:    2023-039_Rodriguez-Arvizu

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TUCSON, Ariz. – Miguel Angel Acatzihua-Temoxtle, 26, of Mexico, pleaded guilty Wednesday before United States Magistrate Judge Jacqueline Rateau to one count of Assault on a Federal Officer Resulting in Bodily Injury and one count of Assault on a Federal Officer with the Use of a Deadly or Dangerous Weapon.

On May 31, 2022, near Newfield, Arizona, on the Tohono O'odham Nation, United States Border Patrol agents, as part of their official duties, were assigned to Border Patrol operations at the San Miguel Forward Operating Base. While on duty, the agents received information that several groups of undocumented non-citizens were passing though the Baboquivari Mountain range. Agents inspected the area where one of the subjects, later identified as Acatzihua-Temoxtle, was located.

Acatzihua-Temoxtle fled from the agents by running up the side of a wash while kicking several large boulders above one of the agents to slow his pursuit. While Border Patrol was trying to detain him, Acatzihua-Temoxtle physically assaulted two agents, which included the use of an agent’s flashlight and use of an agent’s lanyard which held night vision goggles. The agents ultimately detained and arrested Acatzihua-Temoxtle.

A conviction for assault on a federal officer resulting in bodily injury carries a maximum penalty of 20 years in prison, and up to a $250,000 fine. A conviction for assault on a federal officer with the use of a deadly or dangerous weapon carries a maximum penalty of 20 years in prison, and up to a $250,000 fine.

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant United States Attorney Raquel Arellano, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           CR-22-01420-TUC-JCH-JR
RELEASE NUMBER:    2023-038_Acatzihua-Temoxtle

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TUCSON, Ariz. – Macario Ulises Barragan-Cisneros, 45, of Michoacán, Mexico, was sentenced last week by United States District Judge Scott H. Rash to 57 months in prison, followed by three years supervised release, consecutive to 10 months’ imprisonment for violation of supervised release due to a prior conviction. Barragan-Cisneros pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit. Co-defendant Gustavo Bueno De-Haro was sentenced to 12 months and one day by Judge Rash on May 26, 2022.

On September 21, 2021, after several days of surveillance, special agents from Homeland Security Investigations (HSI) discovered 30 undocumented non-citizens (UNCs) inside a trailer unit located in the Camino Vista Mobile Home Park, in Phoenix, Arizona. A ledger revealing human smuggling operations was located inside the trailer. Barragan-Cisneros was identified as a human smuggler coordinator, in addition to having recruited co-conspirator De-Haro to transport and conceal UNCs.

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

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

CASE NUMBER:           CR-21-02672-TUC-SHR-MSA
RELEASE NUMBER:    2023-037_Barragan-Cisneros

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Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division yesterday convened a meeting of Joint Task Force Alpha (JTFA) in El Paso, Texas, to bring together law enforcement leaders to discuss dismantling human smuggling and trafficking networks operating along the Southwest Border.

Assistant Attorney General Polite was joined by senior leadership from five U.S. Attorneys’ offices from the districts along the Southwest Border: U.S. Attorney Jaime Esparza for the Western District of Texas (who hosted the meeting), U.S. Attorney Randy Grossman for the Southern District of California, U.S. Attorney Alamdar Hamdani for the Southern District of Texas, Chief Assistant U.S. Attorney Nicole Savel for the District of Arizona, and U.S. Attorney Alexander Uballez for the District of New Mexico. Department of Homeland Security (DHS) Deputy Secretary John K. Tien, Homeland Security Investigations Acting Executive Director Steve K. Francis, U.S. Customs and Border Protection Acting Commissioner Troy A. Miller, also joined, as did other interagency members of JTFA.

Prior to the summit, senior leaders from the Justice Department and DHS components visited the Southwest Border in El Paso. The tour provided an important perspective on challenges presented by transnational criminal organizations involved in human smuggling and other crimes, which all impact border security efforts by land, through waterways, and by air.

“I am proud of the accomplishments of JTFA since its creation nearly two years ago,” said Assistant Attorney General Kenneth A. Polite, Jr. “We are better at dismantling human smuggling and trafficking networks operating in Mexico, Guatemala, El Salvador, and Honduras because we are a stronger, more unified law enforcement team with our counterparts in Mexico and Central America. I believe our efforts to work together to combat these crimes will continue to generate immediate results, while also building towards sustained success.”

During the meeting, Assistant Attorney General Polite expressed his appreciation for the broad and continued support of JTFA. In its first two years, this joint law enforcement effort has resulted in substantial and continued disruption through specific and general deterrence, collaborating on numerous high priority investigations and cases of significant organizations and their key leaders and facilitators. These measures have resulted in dozens of arrests, indictments, and convictions both in the United States and with foreign law enforcement partners, along with obtaining substantial jail sentences and asset forfeiture.

The discussion included ways to further advance JTFA’s mission to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking networks operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA members also discussed identifying ways to strengthen efforts to disrupt and dismantle those human smuggling and trafficking networks that abuse or exploit those being smuggled, pose national security risks, or have links to transnational organized crime. 

Additionally, JTFA leadership identified enhancements made to increase the efficiencies of the task force model at the local and national levels and discussed ways to better foster interagency collaboration to target criminal organizations involved in smuggling and related crimes in and throughout the region.

PHOENIX, Ariz. – Gabriel Manzo, 40, of Mesa, Arizona, was sentenced Monday by United States District Judge Steven P. Logan to 177 months in federal prison. Manzo pleaded guilty to Assault on a Federal Officer and Discharge of a Firearm During a Crime of Violence.

On April 20, 2020, Manzo drove his truck to the Federal Bureau of Investigation (FBI) office located in Phoenix, Arizona. He exited his vehicle, approached the north security fence, and fired three rounds from his .380 pistol at the building. He then returned to his truck and drove to the front of the office. He exited his vehicle and fired another 15 rounds, breaking 11 windows, and causing over $98,000 in damages. Manzo returned to his vehicle and started to drive away when he noticed an FBI agent, who was in his government issued vehicle, behind him. Manzo stopped, exited his truck in the middle of the street, and fired three rounds at the agent.

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 FBI conducted the investigation in this case, with assistance from the Phoenix Police Department. Assistant United States Attorney Keith Vercauteren, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-20-00540-SPL-PHX
RELEASE NUMBER:    2023-036_Manzo

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TUCSON, Ariz. – Devonte Okeith Mathis, 24, of Mesquite, Texas, pleaded guilty yesterday to Conspiracy to Possess with Intent to Distribute Marijuana, and Using and Carrying a Firearm During and In Relation to a Drug Trafficking Crime and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Sentencing is scheduled for May 24, 2023, before United States District Judge Rosemary Márquez.

On October 4, 2021, Mathis and his co-conspirator were traveling together aboard an Amtrak train in Tucson, Arizona, when his co-conspirator shot and killed Drug Enforcement Administration (DEA) Special Agent Michael Garbo aboard the train. His co-conspirator also shot and injured a second DEA Special Agent and a DEA Task Force Officer. The co-conspirator died on the scene. Mathis admitted, in pleading guilty, that he knew that his co-conspirator possessed two handguns. He also admitted that it was reasonably foreseeable that his co-conspirator would possess the firearms in furtherance of their drug trafficking conspiracy, and that he would carry and use the two handguns during and in relation to their drug trafficking conspiracy.

“Yesterday was an important step in securing justice on behalf of a federal law enforcement agent,” said United States Attorney Gary Restaino. “We await the sentencing in this matter. In the meantime, we celebrate Michael Garbo’s life of service, we mourn with his family and his colleagues at the Drug Enforcement Administration, and we remember his end of watch on October 4, 2021.”

A conviction for Conspiracy to Possess with Intent to Distribute Marijuana carries a maximum penalty of a term of imprisonment of up to five years, a fine of up to $250,000, or both. A conviction for Using and Carrying a Firearm During and In Relation to a Drug Trafficking Crime and Possession of a Firearm in Furtherance of a Drug Trafficking Crime carries a mandatory minimum term of imprisonment of five years, to run consecutive to all other counts, a fine of up to $250,000, or both.

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

CASE NUMBER:           CR-21-2714-TUC-RM-MSA
RELEASE NUMBER:    2023-035_Mathis

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TUCSON, Ariz. – Jose Antonio Cota, 33, of Tucson, Arizona, was sentenced yesterday by United States District Judge James A. Soto to 78 months in prison, followed by three years of supervised release. Cota pleaded guilty to one count of Possession with Intent to Distribute Fentanyl in April 2022.

In August 2020, Cota was a passenger in a commercial shuttle van when it stopped for a routine immigration inspection at a Border Patrol checkpoint near Amado, Arizona. During an inspection of the vehicle and its passengers, Border Patrol agents discovered Cota was hiding several small bundles of fentanyl pills taped to his body.

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:           CR-20-1699-TUC-JAS-JR
RELEASE NUMBER:    2023-034_Cota

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TUCSON, Ariz. –On March 2, 2023, a federal grand jury returned a six-count indictment against Victoria Totten, 71, of Green Valley, Arizona, for Mail Fraud.

The indictment alleges that Totten, while working as a licensed insurance agent, defrauded various elderly clients out of approximately $114,000. It asserts that Totten fraudulently represented and advised prospective clients to pay insurance premiums in advance and directly to her company instead of making payments to the insurance companies. Totten falsely represented the actual terms of the premium payment structure offered by the insurance companies, and claimed that payment should be made in advance to lock in a lower rate. After receiving the fraudulently obtained funds, instead of transmitting the victims’ premium payments directly to the insurance companies, Totten misused large portions of the victims’ funds for her own personal use and to pay insurance premiums for her other clients. 

A conviction for Mail Fraud carries a maximum penalty of 20 years in prison, a $250,000 fine, or both. If convicted, a restitution judgment will be imposed against the defendant for any losses sustained by the victims. 

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 Financial Crimes Auditor for the United States Attorney’s Office and the United States Secret Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           CR-23-00282-TUC-JGZ-LCK
RELEASE NUMBER:    2023-033_Totten

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TUCSON, Ariz. – James Moreno, 18, and Christopher Rodriguez, 18, both of San Xavier, Arizona, were charged by criminal complaint on Monday with Carjacking, and Possession of a Firearm in Furtherance of a Crime of Violence. Moreno and Rodriguez had been arrested the day before.

In the early morning hours of March 5, 2023, in San Xavier, Arizona, on the Tohono O’odham Nation, Moreno and Rodriguez are alleged to have stolen a Jeep Cherokee from an Uber driver by threatening the driver with a firearm. The driver ran for several hours to a gas station on Valencia Road near Interstate 19, where an employee called 911.

That same morning, Moreno and Rodriguez also allegedly stole a Toyota Camry from a second individual at gunpoint, at a Circle K gas station in Marana, Arizona. Rodriguez is alleged to have pointed a gun at the driver’s lower abdomen and legs.

Marana Police Department officers located the Toyota Camry and attempted to stop the vehicle. The vehicle allegedly failed to yield and fled from the officers before crashing near Interstate 10 and Miracle Mile. Moreno and Rodriguez fled from the vehicle on foot before being apprehended. Inside the Camry, officers located a 9mm firearm.

The Uber driver’s Jeep Cherokee was located less than a mile from the Circle K on Sandario Road with a flat tire and its license plate removed.

A conviction for Carjacking carries a maximum penalty of 15 years in prison, a $250,000 fine, or both.

A conviction for Possession of a Firearm in Furtherance of a Crime of Violence carries a penalty of no less than 5 years in prison, a $250,000 fine, or both.

A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Marana Police Department, in partnership with the Federal Bureau of Investigation’s Southern Arizona Violent Crime and Gang Task Force, along with assistance from the Tohono O’odham Nation Police Department and the Tucson Police Department, conducted the arrests in this case.

The FBI is conducting the investigation in this case. Assistant United States Attorney Adam Rossi, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           MJ-23-08583-N/A-DTF
RELEASE NUMBER:    2023-032_Moreno et al.

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TUCSON, Ariz. – Victor Acosta, 47, of Tucson, Arizona, was sentenced on Monday by United States District Judge James A. Soto to 24 months in prison, followed by three years of supervised release. Acosta pleaded guilty to one count of Smuggling Goods from the United States.

On March 23, 2022, Acosta attempted to exit the United States and enter Mexico at the Mariposa Port of Entry in Nogales, Arizona. During a search of his vehicle, Customs and Border Protection officers found 19,000 rounds of 7.62x39mm ammunition and 3,000 rounds of .223 caliber ammunition. Acosta admitted that he had the ammunition in his vehicle.

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Brandon M. Bolling, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-22-00680-JAS-EJM
RELEASE NUMBER:    2023-031_Acosta

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PHOENIX, Ariz. – Last week, David Allen Harbour, 49, of Scottsdale, Arizona, was found guilty by a federal jury on six counts of Wire Fraud and 11 counts of Transactional Money Laundering. On Tuesday, Harbour pleaded guilty to one count of Tax Evasion, which resolved two pending trials scheduled for later this month. Sentencing is scheduled for June 5, 2023, before United States District Judge Douglas L. Rayes.

Harbour acted as a self-styled investment advisor who defrauded numerous victims between 2007 and 2021. The total loss to investors exceeded $20 million, which Harbour diverted to fund his lavish lifestyle. Harbour’s extravagant expenditures included: private jet travel; country club memberships in Arizona, Coeur d’Alene, Idaho, and Cabo San Lucas, Mexico; million-dollar speedboats; stays at luxury hotels; expensive jewelry; and a private 40th birthday concert by the Eagles.

“For his brazen lies that defrauded numerous victims out of more than $20 million, the defendant now justifiably faces the potential of a lengthy prison term,” said United States Attorney Gary Restaino. “The U.S. Attorney’s Office is committed to deterring investment fraud and holding wrongdoers accountable to help protect our citizens’ financial security and to vindicate the tireless efforts of our law enforcement partners.”

This case was investigated by the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorneys Kevin M. Rapp and Coleen Schoch, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-19-00898-PHX-DLR (DMF)
RELEASE NUMBER:    2023-030_Harbour

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PHOENIX, Ariz. – Last week, Darris Manero Vincent, 44, of Maricopa, Arizona, was sentenced by United States District Judge Susan M. Brnovich to 66 months in prison, followed by three years of supervised release. Vincent pleaded guilty to Possession with Intent to Distribute Methamphetamine.

Vincent’s co-defendants were sentenced in 2021 by Judge Brnovich. All four co-defendants had also pleaded guilty to Possession with Intent to Distribute Methamphetamine. 

• Cristal Anita Perrin, 53, of Maricopa, Arizona, was sentenced on June 2, 2021, to 36 months in prison, followed by five years of supervised release.

• Paul Zuccarello, 58, of Maricopa, Arizona, was sentenced on June 4, 2021, to 60 months in prison, followed by five years of supervised release.

• Carlos Renteria Bustamante, Jr., 47, of Maricopa, Arizona, was sentenced on August 13, 2021, to 120 months in prison, followed by five years of supervised release.

• Carlos Anthony De La Cruz, 36, of Phoenix, Arizona, was sentenced on December 6, 2021, to 72 months in prison, followed by five years of supervised release.

In 2018, Vincent was the subject of an undercover operation involving the sale of methamphetamine on the Ak-Chin Community. During the course of the investigation, Vincent sold methamphetamine to an undercover officer on several occasions in 2018. Vincent then introduced the undercover officer to his co-defendants, who were some of the suppliers. The four co-defendants sold methamphetamine to the same undercover officer in 2018 and 2019.

The Bureau of Indian Affairs, the Ak-Chin Police Department, and the Drug Enforcement Administration conducted the investigation in this case. Assistant United States Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-18-01367-PHX-SMB
RELEASE NUMBER:    2023-029_Vincent et al.

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TUCSON, Ariz. – Stephen Folson, 37, of Santa Rosa, Arizona, was sentenced on Tuesday by United States District Judge Cindy K. Jorgenson to 10 years’ incarceration. Folson, an enrolled member of the Tohono O’odham Nation, pleaded guilty to one count of Possession of Child Pornography and one count of Endangering Human Life While Illegally Manufacturing Methamphetamine.

Folson was arrested on March 2, 2021, after an investigation revealed that he was purchasing precursor chemicals from Canada and China to manufacture methamphetamine at his residence. Law enforcement agents served a search warrant at the residence, on the Tohono O’odham Nation Reservation, and discovered a substantial amount of laboratory equipment and precursor chemical that was used to manufacture methamphetamine. Folson shared the residence with another adult and two minor children. Agents also searched Folson’s cellular phone and an external hard drive located in the residence and determined that the devices contained over 1,000 images and several videos of child pornography.

Upon release from prison, Folson will be placed on lifetime supervised release with conditions of supervision. He will be required to register as a sex offender and to complete a sex offender treatment program. He also was ordered to pay restitution to victims depicted in the child sex abuse images he possessed.

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

Agents from the NATIVE (Native American Targeted Investigations of Violent Enterprises) Task Force, including from Homeland Security Investigations, the Drug Enforcement Administration, United States Border Patrol, and the Tohono O’odham Police Department participated in the investigation. Assistant United States Attorneys Carin C. Duryee and Ryan P. DeJoe, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:          CR 21-00545-TUC-CKJ
                                         CR 21-02664-TUC-CKJ

RELEASE NUMBER:    2023-028_Folson

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PHOENIX, Ariz. – Ferin Billy Nez, 36, of Pinon, Arizona, was sentenced yesterday by United States District Judge Diane J. Humetewa to 22 years in prison. Nez, an enrolled member of the Navajo Nation, pleaded guilty to Second Degree Murder for killing his infant son.

On February 27, 2018, Nez had custody of his infant son, when the child became unresponsive and later died. A medical examination revealed that the victim had injuries consistent with having been shaken and thrown. On March 24, 2021, Nez was charged in a six-count indictment with murder and child abuse. He pleaded guilty to Second Degree Murder on October 17, 2022.

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-21-08016-PCT-DJH
RELEASE NUMBER:     2023-027_Nez

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TUCSON, Ariz. – Kevin Durazo, 23, of Douglas, Arizona, was sentenced last week by United States District Judge John C. Hinderaker to 24 months in prison, followed by 36 months of supervised release. Durazo pleaded guilty to one count of Aiding and Abetting Making False Statements in Connection with Acquisition of a Firearm and one count of Making False Statements in Connection with Acquisition of a Firearm.

On October 5, 2021, Kevin Durazo and co-defendant, Mario Edoardo Ramirez Chavez, 22, of Mexico, traveled to Tucson from Douglas, Arizona, for the purpose of purchasing firearms. Durazo provided money to the co-defendant to purchase a 7.62x51mm (.308 WIN) caliber rifle from a licensed firearms dealer for Durazo. The co-defendant purchased the rifle after filling out required paperwork indicating he was the actual buyer of the rifle, when in fact he was acquiring it at the request and direction of Durazo. Durazo then purchased a 9mm pistol from another licensed firearms dealer. Durazo filled out the required paperwork and stated that he was purchasing the firearm for himself, when in fact he was acquiring it for another individual. The two men were subsequently arrested by Homeland Security Investigations (HSI) at the Douglas Port of Entry in their attempt to smuggle the 9mm pistol into Mexico.

Chavez, Durazo’s co-defendant, pleaded guilty to Smuggling Goods from the United States and Making False Statements in Connection with the Purchase of Firearms. Chavez was sentenced by Judge Hinderaker on October 7, 2022, to 16 months in prison, followed by three years of supervised release.

HSI conducted the investigation in this case. Assistant United States Attorney Adam D. Rossi, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-02855-TUC-JCH
RELEASE NUMBER:    2023-026_Durazo

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TUCSON, Ariz. – On Wednesday, Luis Carlos Martinez-Chacon, 35, of Chihuahua, Mexico, was sentenced by United States District Judge John C. Hinderaker to 24 months in prison, followed by 12 months of supervised release. Martinez-Chacon pleaded guilty to one count of Smuggling Goods from the United States.

On June 29, 2022, Martinez-Chacon attempted to exit the United States and enter the Republic of Mexico at the DeConcini Port of Entry in Nogales, Arizona. During a search of his vehicle, Customs and Border Protection officers found a 9mm Berretta pistol, a 9mm Glock 19 pistol, an FN57 rifle with a filed off serial number, a .45 caliber Colt M 1911, a Smith and Wesson 629 Classic .44 Magnum, a Magpul magazine (17 round capacity), two Berretta magazines (15 round capacity each), two FN57 magazines (20 round capacity each), two Colt 1911 magazines (seven round capacity each), 960 rounds of .223 Wolf ammunition, 880 rounds of .223 TUL ammunition, and six rounds of .45 caliber ammunition. The items were hidden inside the dashboard and center console of the vehicle. Martinez-Chacon admitted he expected to be paid in exchange for delivering the firearms, magazines, and ammunition to an individual in Mexico.

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Sarah B. Houston, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-22-01662-TUC-JCH (DTF)
RELEASE NUMBER:    2023-024_Martinez-Chacon

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TUCSON, Ariz. – Adan Gomez-Lopez, 26, of Nogales, Mexico, was sentenced on Wednesday by United States District Judge John C. Hinderaker to 24 months in prison, followed by 12 months of supervised release. Gomez-Lopez pleaded guilty to one count of Smuggling Goods from the United States.

On July 1, 2022, Gomez-Lopez attempted to exit the United States and enter the Republic of Mexico at the DeConcini Port of Entry in Nogales, Arizona. During a search of the vehicle, Customs and Border Protection officers found 510 rounds of .223 caliber ammunition, 103 rounds of .556 caliber ammunition, 600 rounds of 6.5mm ammunition, 350 rounds of 9mm pistol ammunition, 100 rounds of .30 caliber ammunition, 20 rounds of .308 caliber ammunition, and 50 rounds of 12-gauge shotgun ammunition. The ammunition was concealed within the vehicle’s quarter panels, speaker box, and non-factory compartments. Gomez-Lopez admitted that he expected payment in exchange for delivering the ammunition to an individual in Mexico.

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Brandon M. Bolling, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-22-01544-TUC-JCH (BGM)
RELEASE NUMBER:    2023-025_Gomez-Lopez

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TUCSON, Ariz. – Last week, a federal jury found Olegario Lares-De La Rosa, 29, of Mexico, guilty of Conspiracy to Commit Hostage Taking, Conspiracy to Transport Illegal Aliens for Profit, and two counts of Transportation of an Illegal Alien for Profit. Lares-De La Rosa previously pleaded guilty to Felon in Possession of a Firearm on June 9, 2022. Sentencing is scheduled for May 4, 2023, before United States District Judge Jennifer G. Zipps.

The investigation in this case began on April 6, 2022, when Homeland Security Investigations (HSI) received a tip from an individual in New York. The informant told HSI investigators that he had received a call from his cousins, undocumented noncitizens, who said they were being held captive and that their captors demanded $16,000 for their release. 

The cousins were detained by three armed men after they crossed illegally into the United States. The armed captors took the victims’ cellphones and transported them to a house where they were held captive for several days. Each evening, the door to their room was screwed shut so they could not escape. On April 8, 2022, Lares-De La Rosa picked up the cousins from the house and brought them to the place where they were to be exchanged for the $16,000 payment.

That same day, Lares-De La Rosa’s co-conspirator, Borboa-Ruiz, met with undercover agents in Tucson to collect the $16,000 payment. After counting the money, Borboa-Ruiz made a call stating that “they were good.” Less than a minute later, the cousins walked single file out of a black Hyundai driven by Lares-De La Rosa. Borboa-Ruiz was immediately arrested.

While the agents were arresting Borboa-Ruiz, Lares-De La Rosa sped away in the Hyundai, leading agents on a high-speed vehicle chase. During the pursuit, Lares-De La Rosa attempted to discard his 9mm pistol by throwing it out of the car. He then bailed out of the Hyundai while it was still in drive, narrowly missing being struck by the vehicle. Lares-De La Rosa then ran into a wash and through a residential neighborhood before he was arrested. 

On February 2, 2023, Borboa-Ruiz, 28, of Mexico, pleaded guilty to Conspiracy to Commit Hostage Taking and Illegal Alien in Possession of a Firearm. Sentencing for Borboa-Ruiz is scheduled for April 25, 2023, before Judge Zipps.

HSI conducted the investigation in this case, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Marana Police Department. Assistant United States Attorneys Serra M. Tsethlikai and Jennifer Berman, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-22-0974-TUC-JGZ
RELEASE NUMBER:    2023-023_Lares-De_La_Rosa 

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TUCSON, Ariz. – Cesar Alejandro Avendano-Soto, 21, of Nogales, Sonora, Mexico, was sentenced last week, by United States District Judge Scott H. Rash to 51 months in prison, followed by three years of supervised release. Avendano-Soto pleaded guilty to one count of Assault on a Federal Officer Resulting in Bodily Injury. The court also ordered a restitution hearing scheduled for April 25, 2023.

On March 24, 2020, at a port of entry in Nogales, Arizona, Avendano-Soto attempted to enter the United States. After being asked for proof of citizenship, Avendano-Soto became angry and intentionally slammed a Customs and Border Protection officer to the ground, where her head hit the concrete.

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Sarah B. Houston, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-21-01527-TUC-SHR (DTF)
RELEASE NUMBER:    2023-022_Avendano-Soto

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PHOENIX, Ariz. – Emmett Miguel, 33, of Sells, Arizona, was sentenced on Monday by United States District Judge Susan M. Brnovich to 151 months in prison for Aggravated Sexual Abuse and a concurrent 120 months’ confinement for Abusive Sexual Contact. On September 22, 2022, Miguel was found guilty by a jury of sexually assaulting the 17-year-old victim at a dance in Sacaton, Arizona, in January 2012. 

The Gila River Police Department conducted the investigation in this case. Assistant United States Attorneys Raynette Logan and Alanna Kennedy, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-00301-PHX-SMB
RELEASE NUMBER:    2023-021_Miguel

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PHOENIX, Ariz. – The Justice Department announced today 49 awards to states, territories, and the District of Columbia as part of the Byrne State Crisis Intervention Program. This investment of over $231 million will fund state crisis intervention court proceedings, including but not limited to, extreme risk protection order (ERPO) programs that work to keep guns out of the hands of those who pose a threat to themselves or others. The Department awarded $6,111,652 to the Arizona Criminal Justice Commission, which carries out various coordinating, monitoring, and reporting functions regarding the administration and management of criminal justice programs in Arizona. This investment in community safety is authorized by the Bipartisan Safer Communities Act of 2022, historic legislation to address and reduce gun violence.

“The Justice Department is working relentlessly to protect communities from violent crime and the gun violence that often drives it, and the Byrne State Crisis Intervention Program is an important part of that effort,” said Attorney General Merrick B. Garland. “These awards will support the kinds of crisis intervention programs that we know save lives and help protect children, families, and communities across the country from senseless acts of gun violence.”

“The Department of Justice’s strategy to reduce violent crime and gun violence includes prioritizing support for successful, evidence-based programs,” said Deputy Attorney General Lisa O. Monaco. “The grants announced today invest in and highlight proven state and local violence prevention and intervention programs, that will make our communities safer.”

These awards, administered by the Department’s Office of Justice Programs’ Bureau of Justice Assistance (BJA), provide funding to states for the creation and implementation of extreme risk protection order programs, state crisis intervention court proceedings, and related gun violence reduction initiatives. Extreme risk protection order programs empower family members, health care providers, school officials and law enforcement officers to petition a court to temporarily prevent a person from accessing firearms if they are found to be a danger to themselves or others. Funds can also support interventions like drug, mental health and veterans’ treatment courts, gun violence recovery courts, behavior health deflection and outpatient treatment centers.

“Protecting communities from gun crime is an urgent public safety challenge and a critical part of the Justice Department’s work to ensure that everyone in this country can live free from the fear of violence,” said Associate Attorney General Vanita Gupta. “The resources we are announcing today will give communities the tools they need to prevent firearm violence and deliver support to those who are at risk of committing or being victimized by gun crime.”

The Bipartisan Safer Communities Act also seeks to ensure that extreme risk protection order laws and programs are implemented in accordance with the Constitution and provide for adequate due process protections. Projects funded under this program will need to demonstrate that they have taken measures to safeguard the constitutional rights of an individual subject to a crisis intervention program or ERPO initiative. The Justice Department has long supported state efforts to increase the use of ERPOs and in 2021 the Department released model legislation to help states create their own extreme risk protection order systems and provide for intervention before warning signs turn into tragedy.

“We have too many firearms and not enough mental health services in America,” said United States Attorney Gary Restaino.  “Our state and local social services agencies and law enforcement partners have lots of good ideas to intervene early and reduce gun violence.  I look forward to seeing how the best practices developed through this grant can help to protect Arizona’s communities.”

Signed into law by President Biden in June 2022, the Bipartisan Safer Communities Act is the most significant piece of federal gun safety legislation in almost three decades and comes as a response to recent mass shootings and to the far more common, but no less tragic, incidents of community gun violence. Including the Byrne State Crisis Intervention Program, the law allocates a total of $1.4 billion to OJP over five years to develop, implement, and sustain meaningful investments in safer communities.

“These awards will help meet two monumental public safety challenges — the alarming proliferation of gun violence in our country and the clear need for front-end interventions to slow the cycle of violence and victimization in our most underserved communities,” said BJA Director Karhlton F. Moore. “The Bureau of Justice Assistance is proud to make these resources available to states as a critical part of its mission to reduce and prevent crime and to promote a fair and effective criminal justice system.”

For a full list of awards, please visit: https://data.ojp.usdoj.gov/stories/s/O-BJA-2023-171458/b5xz-as5z/. These awards are the latest effort from the Department of Justice’s Office of Justice Programs to implement this historic legislation.

RELEASE NUMBER:    2023-020_ACJC-Grant-Recipient

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PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for October 2022 to December 2022. 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 December 31, 2022, the United States brought criminal charges in Arizona against 1,456 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 260 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. 

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 non-U.S. citizen 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 three 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:    2023-017_2022 Fourth Quarter Immigration Enforcement Statistics
 

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TUCSON, Ariz. – Brian Jesus Hernandez, 24, of Tucson, Arizona, was arrested and charged Monday, with Dealing Firearms Without a License and Possessing Firearms Not Identified by a Serial Number.

During an investigation, detectives from the Tucson Police Department discovered that Hernandez was using a SnapChat account to advertise and sell firearms. On November 17, 2022, Hernandez sold a fully automatic 9mm pistol with no serial number to an undercover detective from the Tucson Police Department. 

On February 6, 2023, Hernandez sold a “drop-in auto sear” to an undercover agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives. A drop-in auto sear is a conversion device that allows a semiautomatic AR-15 style assault rifle to fire fully automatic. Hernandez told the agent that he made the device with his 3D printer and showed the agent a video that gave instructions on how to use the device. That same day, agents executed a search warrant at Hernandez’ residence. They seized two 3D printers, four firearms, and various firearms parts and took Hernandez into custody.     

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

CASE NUMBER:            MJ-23-05662-BGM
RELEASE NUMBER:    2023-019_Hernandez

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PHOENIX, Ariz. – Jose Teran, 32, of Scottsdale, Arizona, pleaded guilty last week to Conspiracy, Wire Fraud, and Transactional Money Laundering. Sentencing is scheduled for June 26, 2023, before United States District Judge Douglas L. Rayes.

Teran pleaded guilty to charges from a federal indictment issued on November 16, 2021. The indictment charged Teran and Webster Batista with 30 felony counts involving Conspiracy, Wire Fraud, Transactional Money Laundering, and Aggravated Identity Theft. In pleading guilty, Teran admitted to conspiring with Batista to monetize music on Y.T. that he had no lawful rights to monetize or otherwise control. Teran further admitted that the entity, MediaMuv L.L.C., was created for the purpose of falsely claiming ownership over music recordings. He admitted that false claims were made to Y.T. that MediaMuv L.L.C. owned over 50,000 songs. Teran also admitted that he and Batista fraudulently received approximately $23,400,000 from their fraudulent scheme.

Teran faces up to five years in prison for the Conspiracy conviction, up to 20 years for the Wire Fraud conviction, and up to 10 years for the Transactional Money Laundering conviction. He may also be fined up to $250,000 per felony conviction.

Batista pleaded guilty to Conspiracy and Wire Fraud on April 21, 2022.

Internal Revenue Service Criminal Investigation conducted the investigation in this case. Assistant United States Attorneys Raymond K. Woo and Seth T. Goertz, District of Arizona, Phoenix, are handling the prosecution.

If you believe you were defrauded by the defendants in this case, please contact our Victim Witness Section at usaaz.victimassist@usdoj.gov.

CASE NUMBER:            CR-21-0955-PHX-DLR
RELEASE NUMBER:    2023-018_Teran

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TUCSON, Ariz. – Last week, Eduardo Flores-Diaz, 43, of Mexico, was sentenced by United States District Judge Jennifer G. Zipps to 78 months in prison. Flores-Diaz pleaded guilty to Conspiracy to Possess with Intent to Distribute Fentanyl.

In April 2022, Flores-Diaz, traveled from Tucson, Arizona, with three co-conspirators. The conspirators were subsequently stopped in Scottsdale, Arizona, by federal agents and troopers from the Arizona Department of Public Safety (DPS), during a buy/bust operation. Approximately 90,000 counterfeit oxycodone pills containing fentanyl were discovered in their possession.

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

The investigation was conducted by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Arizona Department of Public Safety. Assistant United States Attorney David Petermann, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-22-1094-JGZ-JR
RELEASE NUMBER:    2023-2016_Flores-Diaz

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TUCSON, Ariz. – Josue Lopez Quintana, 25, of Tucson, Arizona, was sentenced last week by United States District Judge Jennifer G. Zipps to a time-served sentence and three years of supervised release. He also was ordered to pay a $3,000 fine for lying to federal agents in connection with an investigation into a mass shooting in Tucson. As a result of Quintana’s felony conviction, he will be prohibited from possessing a firearm.

On August 25, 2022, following a mass shooting in Tucson, Arizona, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) initiated an investigation into the purchase of a firearm used in the shooting that resulted in the deaths of four individuals. An ATF trace of the firearm confirmed that the firearm’s lower receiver was purchased by Quintana at a Federal Firearms Licensee (FFL) in Tucson, Arizona, in November 2021. According to court records, Quintana filled out an ATF form at the FFL stating that he was the true purchaser of the lower receiver, and that he was not acquiring it on behalf of another person.

On August 26, 2022, federal agents interviewed Quintana about the purchase, at which point Quintana falsely stated that he purchased the lower receiver for himself and not someone else. After agents presented text messages contradicting his story, Quintana admitted he lied and that he purchased the lower receiver on behalf of the individual who later perpetrated the mass shooting.  There is no evidence that Quintana knew the intent of the shooter, and Quintana quickly accepted responsibility for his actions.

The investigation was conducted by the ATF with assistance from the Tucson Police Department and Homeland Security Investigations. The Financial Crimes and Public Corruption Section of the United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-22-02232-JGZ-EJM
RELEASE NUMBER:    2023-014_Quintana

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PHOENIX, Ariz. – Last week, Verdell Yazzie, 31, of Tes Nez Iah, Arizona, was sentenced by United States District Judge Michael T. Liburdi to 120 months in prison, followed by a lifetime term of supervised release. Yazzie pleaded guilty to one count of Sexual Abuse of a Minor. 

Yazzie admitted that sometime between 2011 and 2012, he knowingly engaged in a sexual act with a 12-year-old minor. The sexual abuse took place on the Navajo Nation Indian Reservation where Yazzie is an enrolled tribal member.   

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

CASE NUMBER:            CR-20-08102-PCT-MTL
RELEASE NUMBER:    2023-013_Yazzie

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PHOENIX, Ariz. – Last week, Vanessa Rene Dundon (a.k.a. Sioux Z, a.k.a. Suzie Q), 38, of Indian Wells, Arizona pleaded guilty to Possession with Intent to Distribute Methamphetamine. Sentencing is scheduled for April 18, 2023 before United States District Judge Diane J. Humetewa.

Dundon was stopped in her vehicle on the Hopi Reservation in April 2021, March 2022, and April 2022. On each occasion she had controlled substances in her vehicle. At the change of plea hearing, Dundon admitted that on April 17, 2022, she possessed 58.4 grams of pure methamphetamine and that she intended to deliver it to other individuals in exchange for payment.

A conviction for Possession with Intent to Distribute Methamphetamine carries a maximum penalty of 20 years in prison and a fine of up to $1,000,000, or both.

The Phoenix Field Office of the Federal Bureau of Investigation and Hopi Law Enforcement Services conducted the investigation in this case. Assistant United States Attorneys in the Violent Crime Section, District of Arizona, Phoenix, are handling the prosecution.

CASE NUMBER:            CR-22-08043-PCT-DJH
RELEASE NUMBER:    2023-015_Dundon

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TUCSON, Ariz. – Ramon Otero Jr., 39, of Tucson, was sentenced on January 27, 2023, by United States District Judge Jennifer G. Zipps to 60 months in prison. Otero Jr. pleaded guilty to Possession of a Firearm in Furtherance of a Drug Trafficking Offense. 

In April 2021, Otero Jr. was stopped by federal agents at an immigration checkpoint in Arizona. At the time of the stop, Otero Jr. was in possession of fentanyl and two loaded firearms. He told agents that he intended to distribute the fentanyl to another individual and that the firearms were for his protection in furtherance of his drug trafficking activities.

The investigation in this case was conducted by the Organized Crime and Drug Enforcement Task Force (OCDETF), which is comprised of agents and investigators from the Drug Enforcement Administration, Homeland Security Investigations, and the FBI. Assistant U.S. Attorneys Ashley Culver and David Petermann, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-21-2360-JGZ-BGM
RELEASE NUMBER:    2023-012_Otero Jr.

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PHOENIX, Ariz. – In December 2022, Solomon Ekunke Okpe and Johnson Uke Obogo, both Nigerian nationals, each pleaded guilty to conspiracy to commit wire, bank, and mail fraud. Okpe and Obogo were involved in a variety of cyber-enabled fraud schemes between December 2011 and January 2017. Okpe also pleaded guilty to one count of aggravated identity theft.

At the request of the United States, Okpe and Obogo were previously arrested in Malaysia and the United Kingdom, respectively, and were extradited to the District of Arizona in 2022.

According to court documents, Okpe and his co-conspirators’ fraud scheme included business email compromise (BEC), work-from-home, romance, check-fraud, and credit-card scams that targeted unsuspecting victims around the world, and attempted to cause more than a million dollars in losses. The victims of the scheme included individuals and local businesses in the District of Arizona, including a regional branch of First American Bank.

In the BEC schemes, Okpe and co-conspirators hacked into victims’ email accounts. After gaining access to a victim’s account, they would send emails to employees of companies doing business with the victim, directing those employees to transfer money to conspirator-controlled bank accounts. These emails looked like they were coming from the victim, but they were actually unauthorized wiring instructions from Okpe and co-conspirators. To get access to victims’ accounts, Okpe and co-conspirators launched email phishing attacks over the Internet that collected thousands of email addresses, passwords, credit card information, and personal identifiable information of unsuspecting individuals.

In the “work-from-home” scams, Okpe, Obogo, and others falsely posed as online employers on job websites and forums under fictitious online personas, and pretended to “hire” large numbers of individuals around the United States to the positions, including in Arizona. Although the positions were marketed as legitimate, work-from-home jobs, "employees" were actually directed to perform tasks that facilitated other fraud scams, including creating bank and payment processing accounts, transferring or withdrawing money from accounts, and cashing or depositing counterfeit checks.

U.S. Attorney for the District of Arizona, Gary M. Restaino, Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, and Joseph E. Carrico, Special Agent in Charge at the Federal Bureau of Investigation (FBI) made the announcement.

Assistant U.S. Attorney Seth Goertz of the District of Arizona and Senior Counsel Aarash Haghighat of the Criminal Division's Computer Crime and Intellectual Property Section (CCIPS) are prosecuting the cases against Okpe and Obogo. The Justice Department's Office of International Affairs provided significant assistance throughout the criminal investigation.

A number of victims have been identified by the FBI. However, there is evidence of many more victims that remain unidentified. Anyone who believes they were defrauded by the defendants in this case should contact the Victim Witness Section at the United States Attorney’s Office, District of Arizona at usaaz.victimassist@usdoj.gov

CASE NUMBER: CR-19-0146-PHX-GMS
RELEASE NUMBER:    2023-011_Okpe

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PHOENIX, Ariz. – Last week, Jordan Antonio Sullivan, 24, of Sacaton, Arizona, an enrolled member of the Gila River Indian Community, was sentenced by United States District Judge Michael T. Liburdi to a total of 25 years in prison, followed by five years of supervised release. Sullivan previously pleaded guilty to Second Degree Murder and Using a Firearm During a Crime of Violence.

On March 23, 2020, Sullivan shot the victim in the neck with a shotgun before hitting the victim in the back of the head with the gun. Sullivan then stole the victim’s car and ran over the victim to ensure he was dead.

Sullivan will serve his 25 years in federal prison after completing a state sentence for Second Degree Murder. In the state case, CR-2020-116748-001, he was sentenced to 18 years for a murder he committed in April 2020.      

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

CASE NUMBER:           CR-22-00652-PHX-MTL
RELEASE NUMBER:    2023-010 _Sullivan

TUCSON, Ariz. – On Monday, Orlando Miguel Valenzuela, 28, of Tucson, Arizona, pleaded guilty to Abusive Sexual Contact. Sentencing is scheduled for April 10, 2023, before United States District Judge Cindy K. Jorgenson.

Valenzuela, an enrolled member of the Pascua Yaqui Tribe, admitted that when he was 18 or 19 years old and living on the Pascua Yaqui reservation, he engaged in sexual acts with a minor who was 11 or younger.

The plea agreement requires Valenzuela to serve 5-10 years in federal prison. After completing his prison sentence, Valenzuela will be placed on lifetime supervised release and be required to register as a sex offender for the rest of his life.

The Pascua Yaqui Police Department and the FBI conducted the investigation in this case. Assistant U.S. Attorney Micah Schmit, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:            CR-22-0682-TUC-CKJ (DTF)
RELEASE NUMBER:    2023-009_Valenzuela

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PHOENIX, Ariz. – Sean M. Nelson, 44, of Mesa, Arizona, was sentenced last week, by United States District Judge Susan R. Bolton to two years of federal probation and ordered to pay $133,999 in restitution to the Department of Homeland Security. Nelson pleaded guilty to Theft of Government Property in October 2022 and agreed to resign from the Department of Homeland Security – Homeland Security Investigations (HSI) as part of his plea agreement with the government.

Between November 2019 and October 2021, Nelson, then a Special Agent with HSI, worked without permission or authorization for several private companies while on duty for HSI, and used his government owned vehicle (GOV) for such unauthorized outside work. Nelson drove the GOV, that he agreed to use only for HSI duty purposes, while working for Amazon, Uber, and Lyft during time periods he was supposed to be working for HSI. Nelson’s actions in working for these companies while on duty for HSI resulted in tens of thousands of dollars in losses to the government.

“As a result of the conviction, Mr. Nelson has forfeited much of his salary during the time period of his on-the-job criminal activity, and as a federal felon he’ll never lawfully possess or use a firearm ever again,” said United States Attorney Gary Restaino. “His dereliction of duty was a grave disservice to his hard-working law enforcement colleagues and the taxpayers alike.”

The United States Immigration and Customs Enforcement Office of Professional Responsibility conducted the investigation in this case. Assistant United States Attorney Sean K. Lokey, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-22-01307-PHX-SRB-1
RELEASE NUMBER:    2023-008_Nelson

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PHOENIX, Ariz. – Anthony Henry Williams, 52, of Surprise, Arizona, was found guilty on January 11, 2023, by a federal jury of one count of Conspiracy, seven counts of False Claims to the IRS, eight counts of Money Laundering, and one count of Mail Fraud. Sentencing is scheduled for March 27, 2023, before United States District Judge Michael T. Liburdi. 

Evidence introduced at trial established that, in 2018 and 2019, Williams submitted seven false tax returns to the Internal Revenue Service (IRS) claiming over $3 million in owed refunds. The IRS processed one of these returns that resulted in an unwarranted $600,000 refund to Williams. The IRS advised him that the return was fraudulent, and that Williams needed to return the money. Williams failed to do so; instead, he purchased two luxury vehicles and a home, among other expenditures.

Internal Revenue Service Criminal Investigation conducted the investigation in this case. Assistant United States Attorneys Kevin M. Rapp and Kristen Brook, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-00722-PHX-MLT
RELEASE NUMBER:    2023-007_Williams

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TUCSON, Ariz. – Last week, Francisco Pantoja, 25, of Tucson, Arizona, was sentenced by United States District Judge John C. Hinderaker to nine years in prison, followed by three years of supervised release. Pantoja pleaded guilty to Conspiracy to Distribute Fentanyl in connection with the overdose death of a young person in July 2020.

On the afternoon of July 1, 2020, Pantoja provided three pills to the victim. Approximately three hours later, the victim was discovered unresponsive. The Pima County Medical Examiner concluded that the cause of death was fentanyl intoxication. During the investigation, agents executed a search warrant at Pantoja’s residence where they located over 5,500 fentanyl pills and approximately $21,000 in cash.

The Drug Enforcement Administration recently announced, as part of its One Pill Can Kill public service campaign, that six out of every 10 fentanyl-laced pills tested in 2022 contain a potentially lethal dose of fentanyl: https://www.dea.gov/alert/dea-laboratory-testing-reveals-6-out-10-fentanyl-laced-fake-prescription-pills-now-contain.

The DEA and the Tucson Police Department conducted the investigation in this case. Assistant United States Attorneys Rebecca Garvey and Stefani Hepford, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-20-02096-TUC-JCH (BGM)
RELEASE NUMBER:    2023-006_Pantoja

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

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PHOENIX, Ariz. – On January 3, 2023, a federal grand jury returned a two-count indictment against Isrrael Millan, 19, of San Luis, Arizona, for Possession with Intent to Distribute Methamphetamine and Importation of Methamphetamine.

The indictment alleges that, on December 9, 2022, Millan applied for entry into the United States from Mexico, at the San Luis Port of Entry near Yuma, Arizona. At the Port, Customs and Border Protection officers conducted a search of Millan’s vehicle and discovered 170 cellophane-wrapped packages concealed in the quarter panels, doors, rocker panels, firewall, and dashboard. In total, the officers found over 175 pounds of methamphetamine in Millan’s vehicle.

A conviction on each charged offense carries a maximum penalty of life in prison and a $10,000,000 fine.

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

U.S. Customs and Border Protection’s Office of Field Operations and Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Timothy Courchaine, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:            CR-23-00006-PHX-SPL
RELEASE NUMBER:    2023-005_Millan

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

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