District of Arizona

TUCSON, Ariz. – Michael Andrew Nelson, 30, of Chandler, Arizona, was sentenced Tuesday, January 10, 2023, by United States District Judge Scott H. Rash to 30 months in prison, followed by 36 months of supervised release. Nelson was convicted of Conspiracy to Transport Illegal Aliens for Profit and Transportation of Illegal Aliens for Profit following a bench trial held on August 10, 2022.

On November 14, 2021, U.S. Border Patrol agents, near Naco, Arizona, observed a heavily weighted down Jeep Patriot driving suspiciously in and out of a national park area. During a subsequent stop, five undocumented noncitizens were removed from the backseat and cargo areas of the SUV. Nelson was the front seat passenger, and co-defendant, Michelle Wilson, was the driver. The five undocumented noncitizens each indicated they paid substantial sums of money to smugglers in Mexico in exchange for transportation to various cities within the United States. 

Co-defendant Michelle Wilson pleaded guilty in December 2021. She is scheduled for sentencing on April 10, 2023, before Judge Rash.

United States Border Patrol agents from Bisbee, Arizona, conducted the investigation in this case. Assistant United States Attorneys Micah Schmit and Kevin Schiff, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-21-3127-TUC-SHR (BGM)
RELEASE NUMBER:    2023-003_Nelson et al.

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TUCSON, Ariz. – Rey David Marquez-Jimenez, 23, of Mexico, was sentenced today by United States District Judge Jennifer G. Zipps to 85 months in prison, followed by three years of supervised release. Marquez-Jimenez pleaded guilty to one count of Attempted Murder of a Federal Officer. The Court also ordered Marquez-Jimenez to pay $99.57 in restitution to the U.S. Department of Labor for expenses related to the agent’s medical care.

On January 26, 2022, near Hereford, Arizona, Marquez-Jimenez - without provocation - attacked a United States Border Patrol (USBP) agent. Marquez-Jimenez tackled the agent as he attempted to handcuff another individual. Marquez-Jimenez punched the agent several times and tried to pull the agent’s firearm from his holster. When the firearm came out of the holster, Marquez-Jimenez tried to point it at the agent. He then got on top of the agent and attempted to slash and stab him with a knife. The agent gained control of the knife, and Marquez-Jimenez fled on foot before being apprehended by other USBP agents.

“Our colleagues in the United States Border Patrol have a difficult and sometimes dangerous job,” said United States Attorney Gary Restaino. “Most noncitizens who enter the United States do so peacefully, and with the intention of seeking a better life for their families. To the small number of undocumented aliens who ignore law enforcement commands and engage in aggressive behavior, be warned: We will vindicate the rights of Border Patrol agents by prosecuting violent offenders commensurate with their unlawful actions.”

“This agent fought for his life while working to protect the American people and safeguard our borders. Assaults on law enforcement officials continue to occur and this is just one of the thousands that happened in 2022,” said Akil Davis, special agent in charge of the FBI Phoenix Field Office. “The FBI remains committed to ensure that those who commit acts of violence against law enforcement officials will be brought to justice.”

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Sarah B. Houston, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-22-00175-TUC-JGZ-LCK
RELEASE NUMBER:    2023-004_Marquez-Jimenez

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PHOENIX, Ariz. – Marvin Tona, 48, of Bylas, Arizona, was sentenced on December 19, 2022, by United States District Judge Steven P. Logan to 293 months in prison. Tona pleaded guilty to Second Degree Murder. 

On September 5, 2021, while on the San Carlos Apache Indian Reservation, Tona argued with the adult victim, a one-time friend, at a residence in Bylas, Arizona. Armed with a handgun, Tona shot into a bedroom of the residence where the victim was located. The bullet struck and killed the victim. Both the victim and Tona are enrolled members of the San Carlos Apache Indian community.

Agents from the Bureau of Indian Affairs, the Federal Bureau of Investigation, and Officers of the San Carlos Police Department conducted the investigation in this case. Assistant United States Attorney Thomas C. Simon, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-00830-PHX-SPL
RELEASE NUMBER:    2023-002_Tona

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced that a federal grand jury on Dec. 20 indicted Viorel Pricop on nine counts of arson.

Pricop, 64, of Allen Park, Michigan, is currently in custody in the Central District of California, where Pricop is charged with arson.

According to a criminal complaint, Pricop allegedly set fire to 25 semi-truck trailers owned by Swift Transportation, a trucking company based in Phoenix, Arizona. In addition to the nine fires in New Mexico, Pricop allegedly is responsible for fires in California, Arizona, Texas, Oklahoma, Louisiana, Arkansas and Alabama. On Dec. 21, Pricop was indicted in the District of Arizona on three counts of arson.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Pricop faces up to 10 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant United States Attorney Jack E. Burkhead is prosecuting the case for the District of New Mexico.

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PHOENIX, Ariz. –Alberto Toddy, 35, of Chinle, Arizona, was sentenced on December 19, 2022, by United States District Judge Dominic W. Lanza to 365 months in prison, followed by five years of supervised release. Toddy pleaded guilty to Second Degree Murder and Arson. 

On April 17, 2020, Toddy brutally assaulted two victims with a baseball bat inside one of the victim’s homes. Toddy then intentionally set fire to the home, resulting in the death of one of the victims who had been rendered unconscious by the assault. The offense occurred in Chinle, Arizona, on the Navajo Nation, where both the victims and Toddy are enrolled members.

The Federal Bureau of Investigation and the Navajo Division of Public Safety conducted the investigation in this case. Assistant United States Attorneys Alexander Samuels and Emma Mark, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-08058-PCT-DWL
RELEASE NUMBER:    2023-001_Toddy

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PHOENIX, Ariz. – Mark Forrest Cohn, 68, of Chandler, Arizona, was sentenced on December 21, 2022, by United States District Judge David G. Campbell to one year of probation and ordered to pay restitution, to include $8,028 in unpaid taxes and tariffs to U.S. Customs and Border Protection (CBP). Cohn pleaded guilty to one felony count of Entry of Goods by Means of False Statements.

On October 29, 2020, Cohn fraudulently imported counterfeit 3M manufactured N95 masks into the United States from China using shipping labels and papers that falsely represented the merchandise. The false representations disguised the merchandise as goods not subject to duties and inspection by the United States Food and Drug Administration. Once the shipment arrived at a Phoenix mail facility, a box imported by Custom Glass and Synthetic was targeted for inspection as part of an enforcement operation conducted by Homeland Security Investigations (HSI) and CBP’s Office of Field Operations officers. When the box was opened, HSI and CBP officers found masks branded as 3M with pixelated photos on the packaging. Working together, HSI and CBP officers scanned and transmitted images of the shipment of purported N95 masks to 3M. On November 3, 2020, 3M advised the N95 masks were in fact counterfeit. Counterfeits create risks to the user because the seals can be ill-fitting and the masks less effective.

On November 23, 2020, Department of Veterans Affairs Office of Inspector General agents and a 3M representative inspected the masks located at a Veterans Affairs Medical Center (VAMC) warehouse in Minneapolis, Minnesota. The counterfeit masks were identified and seized before they made their way to front line workers. 

The N95 mask is designed for health care workers as the fit and seal minimize the transference of COVID. Cohn sold over 20,000 masks to a third-party vendor that supplied equipment to the VAMC warehouse in Minnesota. The third-party vendor did not know that the masks were counterfeit.

Homeland Security Investigations conducted the investigation in this case, with assistance from CBP’s Office of Field Operations and the Department of Veterans Affairs Office of Inspector General. Assistant U.S. Attorneys Kristen Brook and Peter Sexton, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-22-01308-PHX-DGC
RELEASE NUMBER:    2022-232_Cohn

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TUCSON, Ariz. – Shaun Rudy Knox, 33, of St. Francis, South Dakota, was sentenced December 20, 2022, by United States District Court Judge Raner C. Collins to 18 months in prison. Knox earlier pleaded guilty to four counts of Indecent Exposure.

While incarcerated on sexual abuse charges at the United States Penitentiary Tucson, Knox exposed his genitals to four different employees of the United States Bureau of Prisons. Judge Collins ordered Knox’s 18 month sentence for indecent exposure be served consecutive to his sentence for sexual abuse.

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

CASE NUMBER:            CR-21-2195-RCC-DTF
RELEASE NUMBER:    2022-230_Knox

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PHOENIX, Ariz. – James Thomas Andrew McCarty, 22, of Charlotte, North Carolina, and formerly of Kayenta, Arizona, was arrested on Wednesday, December 14, 2022, following a federal grand jury indictment of 26 counts including Making False Statements, Cyberstalking, and Aggravated Identity Theft. A detention hearing was held on Tuesday, December 20, 2022, in Charlotte, North Carolina, at which point he was detained and remanded to the District of Arizona for further proceedings. McCarty is also pending federal charges in the Central District of California https://www.justice.gov/usao-cdca/pr/grand-jury-indicts-2-swatting-scheme-took-over-ring-doorbells-across-us-livestream.

The indictment alleges that McCarty made 13 phone calls from Kayenta, Arizona, to police departments and schools in Georgia, New Jersey, Ohio, Indiana, and Oklahoma between January 17, 2021, and June 30, 2021, containing varying threats that he possessed bombs, propane bottles and tanks, and that he would shoot police if they responded. Two of the calls specifically threatened school shootings in Westfield, Indiana, and Vinita, Oklahoma. Seven calls involved identity theft because McCarty allegedly used the names of actual individuals purportedly making the phone calls associated with the locations of the false emergencies.

A conviction for False Statements about bombs and other explosives carries a maximum penalty of up to 10 years in prison, up to a $250,000 fine, or both.

A conviction for Cyberstalking, False Information and Hoaxes carries a maximum penalty of up to five years in prison, up to a $250,000 fine, or both.

Each count of Aggravated Identity Theft carries a maximum penalty of a mandatory two years’ consecutive imprisonment, a $250,000 fine, or both.

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

CASE NUMBER:            CR-22-08133-PCT
RELEASE NUMBER:    2022-231_McCarty

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TUCSON, Ariz. – Ramon Antonio Monreal-Rodriguez, 36, of Vail, Arizona, was sentenced on December 14, by United States District Judge James A. Soto, to 152 months in prison and ordered to pay $151,000 in restitution to the U.S. Border Patrol for salary drawn while engaged in criminal activity. Monreal-Rodriguez previously pleaded guilty to Bribery, Conspiracy to Possess with Intent to Distribute Cocaine and Marijuana, Conspiracy to Make False Statements in Connection with the Acquisition of Firearms, and Conspiracy to Provide Firearms to a Convicted Felon, for his role in three separate conspiracies in two federal criminal cases.

“The men and women of the United States Border Patrol safeguard our frontier with compassion and dignity,” said United States Attorney Gary Restaino. “Most Border Patrol Agents are excellent public servants who diligently interdict contraband like guns and drugs. For those who aren’t and don’t, the Bureau of Prisons has plenty of room. Many thanks to our law enforcement partners on the Southern Arizona Corruption Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their hard work in putting this case together.”

Between July and August 2018, Monreal-Rodriguez, a former U.S. Border Patrol (USBP) agent, was involved in two firearm-related conspiracies wherein he both unlawfully purchased firearms from federally licensed firearms dealers on behalf of other individuals and provided firearms to felons, who are prohibited from possessing firearms.

While the investigations into the firearms conspiracies were ongoing, Monreal-Rodriguez also conspired to import narcotics into the United States from Mexico, from January 8, 2018, until his arrest on September 25, 2018. During this time, a drug trafficking organization he worked with smuggled narcotics across the border. Monreal-Rodriguez would retrieve the narcotics and take them past the checkpoint several miles from the border — often in his USBP vehicle — and then transport the drugs to the Tucson area. He admitted to distributing 116 kilograms of cocaine and 107 kilograms of marijuana as part of the conspiracy.

Additionally, Monreal-Rodriguez admitted to receiving cash proceeds from narcotics sales totaling at least $1.2 million, which he transported to the United States-Mexico border and then handed off to other individuals so the cash could be smuggled into Mexico. In exchange for his role in the narcotics conspiracy, Monreal-Rodriguez received cash payments.

In violation of his duties as a USBP agent, Monreal-Rodriguez used his border patrol vehicle and its radio to securely transport the smuggled narcotics and cash proceeds. Further, he was in possession of his service weapon when he picked up the narcotics and dropped off the drug proceeds.

This case was investigated by the Southern Arizona Corruption Task Force (SACTF) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The SACTF is comprised of members from the Federal Bureau of Investigation, the Department of Homeland Security - Office of Inspector General, Immigration and Customs Enforcement - Office of Professional Responsibility, Customs and Border Protection - Office of Professional Responsibility, the Tucson Police Department, and the Drug Enforcement Administration.

The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-02215-TUC-JAS-1
                                           CR-18-01905-TUC-JAS-1
RELEASE NUMBER:    2022-133_Monreal-Rodriguez
 

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TUCSON, Ariz. – A federal grand jury in Tucson, Arizona, returned a 19-count indictment on November 10, 2022, against 10 current or former southern Arizona residents, including:

• Alberto Gabriel Aranda-Ramon, 31, of Tucson, Arizona
• Michele Oller, 54, of Tucson, Arizona
• Larry William Nelson, Jr., 51, of Arizona
• Ashley Yvonne Maxwell, 35, of Tucson, Arizona
• Leah Jean Holmes, 28, of Tucson, Arizona
• Alexander Anthony Ruiz, 34, of Tucson, Arizona

Aranda-Ramon, Oller, Nelson, Maxwell, and Holmes were indicted on charges of Conspiracy to Distribute Drugs and Drug Distribution. Ruiz was indicted on charges of Conspiracy to Distribute Drugs, Conspiracy to Launder Money, and Money Laundering. The remaining four defendants’ names are presently under seal by court order.

The indictment alleges that, beginning in September 2021, the 10 defendants participated in a conspiracy to distribute 400 grams or more of a mixture or substance containing a detectable amount of fentanyl and 50 grams or more of methamphetamine, or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The indictment further alleges that all of the 10 defendants except for Ruiz engaged in Drug Distribution. Finally, the indictment alleges that Ruiz also was involved in a conspiracy to launder monetary instruments and that he engaged in money laundering.

Three additional individuals with alleged ties to the above-described conspiracy to distribute drugs were arrested in a multi-agency law enforcement operation on December 7, 2022, in Tucson, Arizona. They are:

• Andrew Grijalva, 19, of Las Vegas, Nevada
• Rodrigo Lopez-Lozoya, 36, of Mexico
• Jesus Ramon Lozoya-Portillo, 41, of Mexico

On December 8, 2022, United States Magistrate Judge Eric J. Markovich authorized a complaint charging Grijalva, Lopez-Lozoya, and Lozoya-Portillo with drug trafficking (22-MJ-00777-N/A-LCK).

The complaint alleges that, beginning in September 2021, Grijalva, Lopez-Lozoya, and Lozoya-Portillo conspired to distribute 50 grams or more of methamphetamine, or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine.

A conviction for Conspiracy to Distribute Fentanyl and Methamphetamine, as charged in the indictment, carries a maximum penalty of life in prison, a fine of $10,000,000, or both, and up to a lifetime of post-conviction supervision.

A conviction for Conspiracy to Distribute Methamphetamine, as alleged in the complaint, carries a maximum penalty of life in prison, a fine of $10,000,000, or both, and up to a lifetime of post-conviction supervision.

A conviction for Conspiracy to Launder Monetary Instruments, as charged in the indictment, carries a maximum penalty of 20 years in prison, a fine of $500,000, or twice the value of the property involved in the transaction, whichever is greater, or both imprisonment and a fine, and up to three years of post-conviction supervision.  

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

The Arizona Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, Homeland Security Investigations, the U.S. Marshals Service, and the U.S. Postal Service Office of Inspector General are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:            22-CR-02454-TUC-RCC-MSA
                                           22-MJ-00777-N/A-LCK
RELEASE NUMBER:    2022-229_Aranda-Ramon, et al.

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TUCSON, Ariz. – On Wednesday, a federal grand jury returned a three-count indictment against Viorel Pricop, 64, of Allen Park, Michigan, for Arson of Property in Interstate Commerce.

The indictment alleges that Pricop set two commercial semi-truck trailers ablaze near Willcox, Arizona, on February 7, 2022, and one commercial semi-truck trailer near Holbrook, Arizona, on March 1, 2022, damaging the trailers and cargo. All three trailers were owned by Swift Transportation.

Pricop is currently in federal custody in the Central District of California. He was indicted there on November 9, 2022, on six counts of Arson of Property in Interstate Commerce after allegedly setting fire to Swift Transportation trailers in San Bernadino and Riverside Counties.

A conviction for Arson of Property in Interstate Commerce carries a minimum penalty of five years in prison and a maximum penalty of 20 years in prison.

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

The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation in this case. Assistant United States Attorneys Sarah B. Houston and Benjamin Goldberg, District of Arizona, are handling the prosecution.

CASE NUMBER:            CR-22-02747-TUC-JCH-EJM
RELEASE NUMBER:    2022-228_Pricop

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TUCSON, Ariz. – Last week, Richard Lee Molinar, 44, of Safford, Arizona, was sentenced by United States District Judge Scott H. Rash to 60 months in prison for child exploitation offenses. Molinar earlier pleaded guilty to Possession of Child Pornography. Upon release, Molinar will be placed on lifetime supervised release with sex offender conditions and will be required to register as a sex offender.

On July 7, 2021, Molinar was charged by a six-count indictment that alleged he received, possessed, and distributed child pornography between March 1, 2020, and April 1, 2021. Molinar pleaded guilty to count one of the indictment on June 23, 2022, which charged that on or about April 1, 2021, he possessed child pornography. Molinar admitted to possessing a phone which he used to access, download, save, and view images and 13 videos depicting minor children, many under the age of 12, who were engaged in sexually explicit conduct. Molinar received and distributed these images and videos using Facebook Messenger.

“Project Safe Childhood aims to protect the public long-term from the actions of defendants who seek to exploit children,” said United States Attorney Gary Restaino. “Because of this conviction, and the diligence of our partners at Homeland Security Investigations, the defendant will be subject to stringent conditions for the rest of his life with respect to the use of the internet and participation in chat rooms and other forms of social networking.”

“HSI will not tolerate the exploitation of children and will continue to use our unique investigative authorities to bring to justice anyone who attempts to violate our children,” said Special Agent in Charge Scott Brown, HSI Arizona.

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

Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorneys Rebecca S. Garvey and Carin C. Duryee, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-21-01599-SHR-BGM
RELEASE NUMBER:    2022-227_Molinar

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TUCSON, Ariz. – Ramon Villalobos-Lopez, 45, of Mexico, was sentenced last week by United States District Judge Rosemary Márquez to 46 months in prison, followed by three years of supervised release. Judge Márquez previously sentenced co-defendants Javier Garcia-Mondragon, 37, of Mexico, and Daniel Lopez-Guerra, 24, of Mexico, each to a term of 27 months in prison. All three previously pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit. 

In April 2021, special agents from Homeland Security Investigations (HSI) – Nogales began surveilling vehicles identified as being used for human smuggling and subsequently identified a stash house. On May 14, 2021, a search warrant was executed at the residence where agents found 54 undocumented noncitizens inside. Agents also found notebooks containing written entries indicating hundreds of undocumented noncitizens had been brought to the residence after illegally crossing into the United States. Garcia-Mondragon and Lopez-Guerra were identified as individuals in charge of the stash house, while Villalobos-Lopez was identified as a leader and organizer of the operation. 

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. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR 21-1323-TUC-RM
RELEASE NUMBER:    2022-226_Villalobos-Lopez et al.

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PHOENIX, Ariz. – On Tuesday, Isrrael Millan, III, 40, of Yuma, Arizona, was found guilty by a federal jury on one count of Conspiracy to Commit Fraud, eight counts of Wire Fraud, two counts of Mail Fraud, and four counts of Money Laundering. Sentencing is scheduled for February 21, 2023, before Senior United States District Judge Roslyn O. Silver. 

Millan’s charges were related to several insurance fraud schemes that occurred in Yuma, Arizona, between 2018 and 2020. The schemes included staging vehicle accidents, as well as deliberately flooding residences and then submitting fraudulent claims to insurance companies related to those incidents. One of the incidents occurred in the early morning of June 2, 2019, when two individuals recruited by Millan purposefully crashed a U-Haul moving truck into the Sunshine Market and Liquor Convenience Store in Yuma.

The evidence at trial revealed that Millan worked as a general contractor and made fraudulent claims related to the damage caused by the incidents in an effort to collect insurance proceeds.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Raymond K. Woo and Aron Ketchel, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-20-00713-PHX-ROS
RELEASE NUMBER:    2022-225_Millan

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TUCSON, Ariz. – On December 12, 2022, Jeffrey D. McHatton, 68, of Chandler, Arizona, was sentenced  by United States District Judge Rosemary Márquez to 33 months in prison. McHatton was previously found guilty by a jury on 10 counts of Securities Fraud.

One of McHatton’s co-defendants at trial, Robert Sproat, 60, of Mesa, Arizona, was previously sentenced to 30 months in prison. Prior to trial, a third co-defendant, Robert Moss, 56, of Gilbert, Arizona, pleaded guilty to his involvement in the scheme and was sentenced to 30 months in prison.

Evidence presented at trial demonstrated that, between 2012 and 2014, McHatton, Sproat, and Moss used a religious charitable organization as a front to entice victims to invest over $1.2 million. Several of the victims targeted in the scheme were elderly. McHatton, Sproat, and Moss fraudulently promoted investments in the recovery of low alpha lead from Central America, gold from the Philippines, and diamonds from Africa, though none of the items were ever produced. McHatton, Sproat, and Moss used large portions of the investment funds for their own personal use. The victims never received a return on investments other than minimal “interest” payments derived from other victims’ money.

The FBI and the Arizona Corporation Commission conducted the investigation in this case. The Financial Crimes and Public Corruption Section of the United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-2220-TUC-RM
RELEASE NUMBER:    2022-224_McHatton et al.

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PHOENIX, Ariz. – Ted Earl Severeid, III, 40, of Des Moines, Iowa, was sentenced on December 5, 2022, by United States District Judge Douglas L. Rayes to 41 months in prison, to run consecutively with previously imposed prison terms in other criminal cases. Severeid previously pleaded guilty to Threatening to Assault a United States Judge.

While incarcerated on other charges, Severeid mailed a threatening letter to a United States Judge, wherein he threatened to violently assault the victim. In sentencing Severeid, Judge Rayes noted that Severeid’s communication was “not an empty threat” and that Severeid’s history, combined with his decision to commit new offenses while incarcerated, required the imposition of a consecutive prison sentence in order to protect the public from future crimes.

Upon completion of his sentence, Severeid will be placed on supervised release for three years. During his term of supervision, Severeid will be prohibited from contacting the victim.

The United States Marshals Service conducted the investigation in this case. Assistant U.S. Attorneys Joseph E. Koehler and Christine D. Keller, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-02308-PHX-DLR
RELEASE NUMBER:    2022-223_Severeid

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TUCSON, Ariz. – Andrew Barthalomew Trujillo, 38, of Tucson, Arizona, was sentenced December 5, 2022, by United States District Judge John C. Hinderaker to 24 months in prison. Trujillo previously pleaded guilty to Assault by Strangulation.

Evidence presented at trial disclosed that Trujillo strangled the victim by placing his hands around her throat and applied enough pressure that the victim lost consciousness. Both Trujillo and the victim are enrolled members of the Pascua Yaqui Tribe.

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

CASE NUMBER:            CR-21-1602-TUC-JCH-DTF
RELEASE NUMBER:    2022-222_Trujillo

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A federal grand jury in Phoenix returned an indictment today charging an Ohio man for allegedly sending threatening communications to an election official with the Arizona Secretary of State’s Office.

According to court documents, on or about Aug. 2, Joshua Russell, 44, of Bucyrus, allegedly left the following voicemail for an election official with the Arizona Secretary of State’s Office (Victim‑1): “This message is for traitor [Victim-1’s full name]. You’ve drug your feet, you’ve done nothing, to protect our election for 2020. You’re committing election fraud, you’re starting to do it again, from day one. You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”

Additionally, according to the indictment, on or about Sept. 9, Russell allegedly left the following voicemail for Victim-1: “This message is for terrorist [Victim-1’s last name]. The only reason you’re still walking around on this planet is because we’re waiting for the midterms to see you prosecuted for the crimes you have done to our nation. You are a terrorist. You are a derelict criminal. And you have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”

Finally, according to the indictment, on or about Nov. 15, Russell allegedly left the following voicemail for Victim-1: “This message is for communist, criminal, [Victim-1’s full name]. We will not endure your crimes on America another day. You’ve been busted, over and over again. We will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”

Russell is charged with three counts of making a threatening interstate communication and three counts of making a threatening interstate telephone call. He was arrested and made his initial court appearance on Dec. 12. If convicted, Russell faces a maximum penalty of five years in prison for each count of making a threatening interstate communication and two years in prison for each count of making a threatening interstate telephone call. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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 Akil Davis of the FBI Phoenix Field Office made the announcement.

The FBI Phoenix Field Office is investigating the case, with the assistance of the FBI Cleveland resident agency in Mansfield.

Trial Attorney Tanya Senanayake of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona are prosecuting the case.

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

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

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

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law

TUCSON, Ariz. – Henry Salome Ramos, 38, of Phoenix, Arizona, was sentenced last week, by United States District Judge Jennifer G. Zipps to 120 months in prison for child exploitation offenses. Ramos previously pleaded guilty to Distribution and Possession of Child Pornography. Upon release, Ramos will be placed on lifetime supervised release with sex offender conditions and will be required to register as a sex offender.

The case against Ramos developed in March 2020, after United States Border Patrol agents encountered Robert Allen Yost smuggling undocumented non-citizens. A search of Yost’s phone revealed child exploitation content exchanged with Ramos. The investigation also revealed that Yost offered Ramos methamphetamine in exchange for sexual access to a child. The intended sexual activity with the child did not take place due to intervening circumstances. Yost was previously sentenced to 188 months in prison for his offenses.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the DOJ’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.

Customs and Border Protection’s U.S. Border Patrol and Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorneys Jared Kreamer Hope and Carin Duryee, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-20-02523-JGZ-JR
RELEASE NUMBER:    2022-221_Ramos

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TUCSON, Ariz. – Last week, United States Border Patrol (USBP) agents arrested Edy Eduardo Sicajan-Jochola, 23, of Guatemala, for Assault on a Federal Officer and Improper Entry by an Alien.

The complaint alleges that on November 29, 2022, the victim located two suspected undocumented individuals near Sasabe, Arizona. As the victim approached the two individuals, Sicajan-Jochola took off his backpack and swung it at the victim, striking the victim in the face and shoulder. The force of the strike caused the victim to fall to the ground. Sicajan-Jochola fled from the victim but was later apprehended and arrested. USBP agents were unable to apprehend the other individual. After an interview, agents learned Sicajan-Jochola was a non-U.S. citizen without legal permission to enter or remain in the United States.

Assault on a Federal Officer carries a maximum penalty of eight years in prison and a fine of up to $250,000, or both.

Improper Entry by an Alien carries a maximum penalty of six months in federal prison and a fine of up to $5,000, or both.

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

Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Nathaniel Walters, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:            MJ-22-07848-N/A-EJM
RELEASE NUMBER:    2022-220_Sicajan-Jochola

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PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona held its first United Against Hate event yesterday, at the First Institutional Baptist Church in Phoenix, Arizona. The event provided an opportunity for an informative and interactive discussion with community leaders from the Phoenix African-American community. Approximately 60 invited guests and community leaders attended the event, focused on establishing a dialogue and increasing community understanding and reporting of hate crimes and hate incidents.

The event, planned as the first in a series, is part of the Department of Justice’s United Against Hate initiative. The program seeks to help local community members have a better understanding of hate crimes and how to report them to law enforcement. Attorney General Merrick B. Garland recently announced the nationwide launch of the initiative and the District of Arizona had previously been chosen as one of the original 16 cohorts to help launch the program.

“Upholding the civil and constitutional rights of all Arizonans lies at the very core of the Justice Department’s mission,” said Gary Restaino, U.S. Attorney for the District of Arizona. “I am honored that my office was selected as part of the first wave to launch this initiative. My office is deeply committed to working with community members and leaders, our law enforcement partners, and other organizations to combat hate crimes.”

Yesterday’s event featured a panel discussion comprised of community leaders, moderated by DOJ’s Community Relations Service. The panel discussion 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, and members of the United States Attorney’s Office. Presenters provided interactive presentations, video clips, and hypotheticals to highlight the difference between hate crimes and incidents, emphasize the importance of reporting unlawful acts of hate, and explain the role that local and federal law enforcement play in hate crime and incident investigations.

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:    2022-218_United Against Hate Event

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TUCSON, Ariz. – Yesterday, United States District Judge Jennifer G. Zipps sentenced Oscar Sun Acuna, Jr., 36, of Tucson, Arizona, to 15 years in prison, followed by five years of supervised release. Additionally, Acuna forfeited a .40 caliber handgun and ammunition. Acuna previously pleaded guilty to Distribution of Fentanyl Resulting in Death in connection with the overdose death of a young woman in May 2020.

In May 2020, Acuna sold two pills containing fentanyl to the victim and her boyfriend for $30. At his arrest, the defendant was in possession of a loaded handgun, 73 fentanyl pills, hundreds of dollars in cash, and Narcan.

In a press release earlier this month, the DEA announced as part of its One Pill Can Kill public service campaign, that six out of every 10 fentanyl-laced pills tested so far 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).

Homeland Security Investigations and the Tucson Police Department conducted the investigation in this case. Assistant U.S. Attorney Stefani Hepford, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-20-01564-TUC-JGZ (MSA)
RELEASE NUMBER:    2022-219_Acuna

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PHOENIX, Ariz. – Melody Gwen Nez, 32, of Dilkon, Arizona, was sentenced on November 21, 2022, by United States District Judge Dominic W. Lanza to 51 months in prison, followed by three years of supervised release. Nez previously pleaded guilty to Assault Resulting in Serious Bodily Injury.

For at least several weeks in the summer of 2021, Nez abused a five-year-old child in her care. The abuse culminated in an August 19, 2021, incident in which Nez threw the child from a moving vehicle, seriously injuring the child. The abuse occurred on the Navajo Nation, where Nez is an enrolled member.

The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Alanna Kennedy and Alexander Samuels, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-8130-PCT-DWL
RELEASE NUMBER:    2022-217_Nez

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TUCSON, Ariz. – On November 15, 2022, Michael Feinberg, 73, and Betsy Feinberg, 80, both of Tucson, Arizona, were sentenced by United States District Judge James A. Soto to 60 months in prison, followed by three years of supervised release. In April 2022, a jury found the Feinbergs guilty of multiple counts of securities and wire fraud.

Michael and Betsy Feinberg operated Catharon Software Corporation as husband and wife. The Feinbergs claimed they had produced revolutionary software called VDelta that would generate enormous returns for investors and philanthropists. For almost 15 years, the Feinbergs lured investors with false promises about the software’s completion, release date, and capabilities. Their victims included friends and associates recruited through various community organizations in Sedona, Arizona, where the Feinbergs resided at the time. In addition to paying themselves salaries, the Feinbergs used investor money for a wide variety of personal expenses, including their home mortgage.

A restitution hearing to address the approximately $5 million in victim losses is scheduled for December 13, 2022. 

The Federal Bureau of Investigation conducted the investigation in this case with assistance from the Arizona Corporation Commission. The Financial Crimes and Public Corruption Section of the U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution. 

CASE NUMBER:            CR-18-01786-JAS-DTF
RELEASE NUMBER:    2022-216_Feinbergs

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PHOENIX, Ariz. – On November 14, 2022, Kelly Joyce, 38, of Pinon, Arizona, was sentenced by United States District Judge Dominic W. Lanza to 202 months in prison, followed by five years of supervised release. Joyce previously pleaded guilty to Second Degree Murder.

On March 2, 2020, Joyce, an enrolled member of the Navajo Nation, shot and killed the victim. The crime occurred in Pinon.

The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorney Jillian Besancon, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-20-08093-PCT-DWL
RELEASE NUMBER:    2022-215_Joyce

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PHOENIX, Ariz. – On November 7, 2022, Keenan Sherman Johnson, 26, of McNary, Arizona, was sentenced by United States District Judge Steven P. Logan to 180 months in prison, followed by lifetime supervised release. Johnson, an enrolled member of the White Mountain Apache Tribe, previously pleaded guilty to Abusive Sexual Contact of a Child.

In October 2018, the victim disclosed to her school counselor that Johnson had repeatedly sexually abused her several years before. When interviewed, Johnson admitted committing some of the acts, and apologized.

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

CASE NUMBER:            CR-21-08128-PCT-SPL
RELEASE NUMBER:    2022-214_Johnson

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PHOENIX, Ariz. – Dominic Tyah Watchman, 20, of Lupton, Arizona, and a member of the Navajo Nation, was sentenced on November 2, 2022, by United States District Judge Susan M. Brnovich to 66 months in prison, followed by three years of supervised release. Watchman previously pleaded guilty to robbery. 

On November 7, 2021, at a rest stop in Lupton, Arizona, Watchman approached the 82-year-old victim and tried to get him to turn over the keys to his vehicle. When the victim refused, Watchman pepper sprayed him, knocked him to the ground, and fled the rest stop in the victim’s vehicle.

The Federal Bureau of Investigation, the Arizona Department of Public Safety, and the Navajo Department of Criminal Investigations conducted the investigation in this case. Assistant U.S. Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-08137-PCT-SMB
RELEASE NUMBER:    2022-213_Watchman

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PHOENIX, Ariz. – On November 1, 2022, Anthony Manuel, 38, of Bapchule, Arizona, was sentenced by United States District Judge Susan M. Brnovich to 71 months in prison, followed by three years of supervised release. Manuel previously pleaded guilty to Assault Resulting in Serious Bodily Injury.

On February 20, 2021, Manuel, an enrolled member of the Gila River Indian Community, shot the victim once in the upper leg.

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

CASE NUMBER:            CR-21-00635-PHX-SRB
RELEASE NUMBER:    2022-212_Manuel

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TUCSON, Ariz. – On November 8, 2022, Michael Ernesto Abril, 24, of Tucson, Arizona, was sentenced by United States District Judge John C. Hinderaker to 14 months in prison, followed by three years of supervised release. Judge Hinderaker also ordered Abril to pay a $10,000 fine. Abril previously pleaded guilty to Transporting Illegal Aliens for Profit.

On November 17, 2021, U.S. Border Patrol (USBP) agents observed Abril erratically driving a U-Haul box truck at a high rate of speed near Arivaca, Arizona. After an attempted immigration stop, Abril eventually pulled over but then fled from the agents on foot. USBP agents were able to apprehend Abril and arrest him. Inside the box of the U-Haul truck, agents discovered five undocumented noncitizens who had illegally entered the United States.

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

CASE NUMBER:            CR-21-3188-TUC-JCH-LCK
RELEASE NUMBER:    2022-211_Abril

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PHOENIX, Ariz. – Seventeen individuals were indicted federally, with most being arrested, following an intensive violent crime initiative on the San Carlos Apache Indian Reservation. The charges filed in this investigation include arson, aggravated assault, firearms violations, domestic violence assaults, assault against an officer, child abuse, sexual assault, kidnapping, manslaughter, and murder.

The Federal Bureau of Investigation led the investigation, with significant assistance from the Bureau of Indian Affairs, the San Carlos Apache Tribal Police Department, and the San Carlos Apache Tribal Prosecutor’s Office.

Maximum sentences for convictions of these offenses range from five years to life in prison, with a maximum fine of $250,000. In determining an actual sentence, federal judges will consult the United States Sentencing Guidelines, which provide appropriate sentencing ranges. The judges, however, are not bound by those guidelines in determining a sentence.

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

Assistant U.S. Attorneys Thomas C. Simon and Dimitra H. Sampson, District of Arizona, Phoenix, are handling the prosecution.

CASE NUMBER:    CR-22-1353-PHX-DJH      CR-22-1351-PHX-MTL        
                                   CR-22-1354-PHX-JJT        CR-22-1350-PHX-DWL
                                   CR-22-1348-PHX-DLR      CR-22-1352-PHX-MTL
                                   CR-22-1129-PHX-DJH      CR-22-01233-PHX-SMB
                                   CR-22-01347-PHX-DLR    CR-22-01355-PHX-SMB
                                   CR-22-01345-PHX-JJT      CR-22-01346-PHX-MTL
                                   CR-22-00774-PHX-JJT      CR-22-01179-PHX-DLR
                                   CR-22-01181-PHX-DWL    CR-22-01182-001-PHX-GMS
                                   CR-22-01182-002-PHX-GMS

RELEASE NUMBER:    2022-208_Pahe et al

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TUCSON, Ariz. – On November 2, 2022, John Milton Lee, 63, of Las Vegas, Nevada, was sentenced by United States District Judge James A. Soto to 33 months in prison. On May 16, 2022, Lee was convicted by a federal jury of Smuggling Goods from the United States and Impeding and Threatening a Federal Officer.

On November 1, 2019, Lee disrupted operations at the Lukeville Port-of-Entry in an hour-long armed standoff where he repeatedly threatened to shoot and kill five United States Customs and Border Protection (CBP) officers with a FN High Power 88 semi-automatic 9 mm handgun tucked into his coat. Lee also had a fully loaded AR-15 assault rifle within arm’s reach, as well as three fully loaded 30-round high-capacity AR-15 magazines in his pocket during the armed standoff. As Lee made repeated threats to shoot the officers, the officers could see the defendant’s hand and wrist muscles moving on the firearm hidden in his coat. The officers did not use lethal force and instead spent nearly an hour trying to de-escalate the dangerous situation and negotiated with Lee to try to get him to surrender – to no avail.

This armed standoff had a significant impact on the lives of Lee’s victims.  One officer testified that, since that potentially deadly day, he has worn his body armor every day at work – even in the stifling heat of the Arizona summer – because he realized “what could have been lost” and that “any border inspection could erupt into a dangerous situation.”

The officers were finally able to gain control over Lee after they tased him when it became clear that he would not surrender on his own accord. At sentencing, Judge Soto told Lee that he was lucky to be alive and that the officers were particularly patient and had shown great restraint .

After Lee was arrested, a search of his vehicle revealed an additional six firearms including a Tavor Model SAR .223 caliber firearm; a HK 91 .308 caliber rifle; a .22 caliber rifle; two .45 caliber firearms; and a .44 Mag caliber firearm. All of the firearms were fully loaded with a round in the chamber and ready to fire. Also discovered were 1,962 rounds of ammunition. Lee had more firepower in his vehicle than all the officers on scene combined. 

Homeland Security Investigations, Sells, conducted the investigation in this case, with the assistance of CBP. Assistant U.S. Attorneys Angela Martinez and Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-19-2946-TUC-JAS-LAB
RELEASE NUMBER:    2022-210_Lee

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PHOENIX, Ariz. – Chris Oliver, 24, of Gilbert, Arizona, was sentenced on October 17, 2022, by United States District Judge Douglas L. Rayes to 33 months in prison. Oliver previously pleaded guilty to Dealing in Firearms Without a License.

Oliver was indicted for conspiracy to purchase firearms from Arizona gun stores using false statements in order to resell those firearms for profit. Oliver and his co-defendants, Dion Delpino, 24, of Gilbert, Arizona, Michael Troy Kelly, Jr., 24, of Tempe, Arizona, and Eric Roy Rathbun, II, 24, of Chandler, Arizona, were also charged with 76 instances of making a false statement during the purchase of firearms. All of Oliver’s co-conspirators have pleaded guilty to making false statements and are pending sentencing.

From July 2019 through November 2020, Oliver and his co-conspirators purchased at least 123 firearms for the purpose of selling them for a profit. Oliver then resold those firearms, mostly handguns, for a profit. Thirty of those handguns were recovered by law enforcement: 28 in or around Oakland, California, and two in the Phoenix metro area. Many of these firearms were recovered from prohibited possessors—persons who are legally prohibited from possessing firearms. Six were recovered in six separate homicide investigations, including one incident in which Stockton (California) Police Officer Jimmy Arty Inn was murdered while responding to a domestic violence call. Oliver was a manager of this criminal enterprise: he directed his co-conspirators to purchase weapons on his behalf. Oliver, Kelly, and Delpino were first indicted in August 2021; additional counts against Oliver and Rathbun were added in May 2022.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, many stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Phoenix, Mesa, Gilbert, and Scottsdale Police Departments, as well as Homeland Security Investigations and the Commercial Narcotics Interdiction Unit of the Phoenix Police Department, conducted the investigation in this case. Assistant U.S. Attorney Coleen Schoch, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:            CR-21-00600-DLR-PHX
RELEASE NUMBER:    2022-209_Oliver, et al

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PHOENIX, Ariz. – Sung Hwan Lee, 64, of Peoria, Arizona, was sentenced on October 26, 2022, by United States District Judge David G. Campbell, to 24 months in prison, followed by three years of supervised release. Lee previously pleaded guilty to Tax Evasion on March 23, 2022.

Lee owns and operates BBB Fashion, a chain of clothing stores in and around Phoenix and Tucson, Arizona. Between 2012 and 2016, Lee implemented a scheme to avoid paying taxes he owed on income earned through BBB Fashion. At Lee’s direction, his employees gave him the cash received from sales and then prepared false sets of records omitting the cash receipts. Through this cash-skimming scheme, Lee underreported his income for tax years 2012-2016 by $9,355,894, resulting in a tax loss of $3,696,786 to the federal government.

BBB Fashion’s bookkeeper, Young Bok Lee, previously pleaded guilty to Conspiracy to Defraud the United States. Young Bok Lee is scheduled to be sentenced December 1, 2022, by United States District Judge Susan R. Bolton.

IRS-Criminal Investigation conducted the investigation in this case. Assistant U.S. Attorney Caitlin Noel, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-22-00212-PHX-DGC
RELEASE NUMBER:    2022-207_Lee

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PHOENIX, Ariz. – On October 31, 2022, Sherwin Tracy Lewis, 48, of Laveen, Arizona, was sentenced by United States District Judge Douglas L. Rayes to five years in prison, followed by four years of supervised release.

Between June 7, 2021, and June 21, 2021, Lewis possessed 152 grams of methamphetamine within the confines of the Gila River Indian Community. Lewis pleaded guilty on April 28, 2022, to Possession with Intent to Distribute five grams or more of Actual Methamphetamine. 

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

CASE NUMBER:            CR-21-01016-01-PHX-DLR
RELEASE NUMBER:    2022-206_Lewis

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PHOENIX, Ariz. – Celestine Coletta Strong, 46, of Phoenix, Arizona, was sentenced October 31, 2022, by United States District Court Judge Susan M. Brnovich to five years in prison. The court also ordered Strong to pay $327,448 in restitution and surrender her 2016 Mercedes-Benz E400 and 2018 Dodge Challenger. Strong previously pleaded guilty to one count of Conspiracy to Commit Wire Fraud.

Strong fraudulently obtained loans from the CARES Act Paycheck Protection Program, a program designed to help small businesses meet their payroll obligations during the COVID-19 pandemic. Strong conspired to submit loan applications with falsified employee and wage information, fake bank statements, and other false information in an attempt to obtain 17 different loans totaling more than $3.5 million in loan proceeds. She fraudulently obtained approximately $400,000 and used the proceeds to purchase, among other items, luxury cars.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.

Homeland Security Investigations conducted the investigation in this case, with assistance from the Treasury Inspector General for Tax Administration and the Small Business Administration Office of the Inspector General. Assistant U.S. Attorney Kevin M. Rapp, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-21-00335-PHX-SMB
RELEASE NUMBER:    2022-203_Strong

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PHOENIX, Ariz. – On October 25, 2022, a federal grand jury returned a two-count indictment against Edwin Francisco Cubillas, 27, of Mexico, for Possession with Intent to Distribute Fentanyl and Importation of Fentanyl into the United States from Mexico.

The indictment alleges that, on September 26, 2022, Cubillas entered the United States through San Luis, Arizona. At the Port of Entry, Customs and Border Protection Officers discovered 16 packages, containing blue circular pills that tested positive for fentanyl, hidden in Cubillas’s car. The combined weight of the packages exceeded 32 kilograms (71 pounds).

A conviction for each of the charged offenses 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.

Homeland Security Investigations is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:            CR-22-01400-PHX-DWL
RELEASE NUMBER:    2022-204_Cubillas

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TUCSON, Ariz. – Luis Salvador Flores, 50, of Glendale, Arizona was sentenced on October 31, 2022, by United States District Judge John C. Hinderaker to 84 months in prison, followed by 36 months of supervised release. Flores previously pleaded guilty to Possession of Firearms by a Convicted Felon. 

On November 17, 2020, law enforcement officers from the Pima County Sheriff’s Department stopped Flores for a suspected traffic code infraction as he was driving to oversee a methamphetamine sale in Tucson, Arizona. Inside of Flores’s vehicle, officers found two semi-automatic firearms, a loaded Glock 9mm pistol, and an ATI Omni Hybrid 5.56/.223 caliber rifle, as well as magazines and ammunition. Flores admitted that he had intended to provide “security” for the drug deal, which was anticipated to involve approximately 200 pounds of methamphetamine. The intended transaction never occurred because Flores was intercepted by the law enforcement officers as he was enroute to the drug deal location.

Flores had over 20 prior felony counts of conviction on his record at the time of his arrest, arising out of multiple prior criminal state court cases. Consequently, he was and is prohibited from possessing firearms and ammunition. 

The U.S. Drug Enforcement Administration in Tucson, Arizona conducted the investigation, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pima County Sheriff’s Department. Assistant U.S. Attorney Michael R. Lizano, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-22-00896-JCH-DTF
RELEASE NUMBER:    2022-205_Flores

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PHOENIX, Ariz. – Jonathan Kip Medford, 34, of Jerome, Arizona, was sentenced Monday, by United States District Judge Steven P. Logan to 27 months in prison, followed by three years of supervised release. Medford previously pleaded guilty to Assault on a Federal Law Enforcement Officer with Physical Contact and Infliction of Bodily Injury. 

On February 15, 2022, Medford assaulted a USDA Forest Service law enforcement officer during a stop in the Coconino National Forest. The officer was investigating a minor traffic violation and an illegal camping violation. Medford, who was wanted on a state warrant and lied about his name during the encounter, failed to obey the officer’s instructions as the officer attempted to detain him. Rather than comply, Medford charged the officer causing them both to fall to the ground where a struggle ensued. After the struggle the officer freed himself and Medford fled the area on foot. Medford was apprehended the next day at a residence by officers from the Jerome Police Department.

The Forest Service conducted the investigation in this case, with assistance from the Yavapai County Sheriff’s Office, the Jerome Police Department, the Sedona Police Department, the Gila County Sheriff’s Office, the Arizona Department of Public Safety, and the National Park Service. The United States Attorney’s Office, District of Arizona, Flagstaff, handled the prosecution.
 

CASE NUMBER:            CR-22-08051-PCT-SPL          
RELEASE NUMBER:    2022- 202_Medford
 

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TUCSON, Ariz. – Adrian Guadalupe Valdez, 45, of Wendel, Idaho, was sentenced last week by United States District Judge Scott H. Rash to 42 months in prison for smuggling ammunition from the United States into Mexico. Valdez previously pleaded guilty to the Smuggling of Goods from the United States. 

On April 1, 2022, Valdez attempted to drive a vehicle from the United States into Mexico through the Nogales Port of Entry. At the Port, Customs and Border Protection Officers (CBPOs) stopped the vehicle for an outbound inspection. Valdez then ran from the vehicle in an attempt to flee into Mexico. Officers were able to stop and apprehend Valdez. During an inspection of the vehicle, CBPOs found a total of 17,500 rounds of 7.62x39mm and .223 caliber ammunition in the trunk.

The Department of Homeland Security, Homeland Security Investigations, and the U.S. Customs and Border Protection Agency conducted the investigation in this case. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-22-0891-TUC-SHR
RELEASE NUMBER:    2022-200_Valdez

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TUCSON, Ariz. – On October 26, 2022, Warren Evan Jose, 38, of Tucson, Arizona, was sentenced by United States District Judge Scott H. Rash to 440 months in prison. Jose previously pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit with Endangerment During which Death Resulted, two counts of Assault on a Federal Officer with a Dangerous Weapon, and two counts of Discharge of a Firearm During a Crime of Violence.

On June 29, 2021, his co-defendant, Valentina Valenzuela, of Sells, Arizona, was sentenced by Judge Rash to 42 months in prison. She pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit with Endangerment During which Death Resulted and two counts of Transporting an Illegal Alien for Profit with Endangerment During which Death Resulted. A third co-conspirator, the decedent, died during the commission of the crimes.

During Jose’s guilty plea, he admitted that on or about April 11, 2019, the three co-conspirators agreed to pick up two undocumented noncitizens at or near Sells, Arizona and transport them to Phoenix. The three co-conspirators then picked up two undocumented noncitizens and planned to transport them to Phoenix, in return for payment.

While transporting the undocumented noncitizens, Jose, Valenzuela, and the decedent drank alcohol and used drugs. Agents with Homeland Security Investigations (HSI) noticed the vehicle and activated their lights and sirens to stop the vehicle. The decedent, who was driving, failed to stop, and attempted to flee by crashing the vehicle into one of the agent’s vehicles.

Following the crash, Jose began firing on the federal agents, using a Century Arms, 7.62x39 pistol, an AK-47-style firearm. At his guilty plea hearing, Jose admitted that he knew they were law enforcement agents when he fired at them. The shots fired by Jose grazed one HSI agent on the head and hit him on the shoulder. Jose barely missed hitting a second HSI agent in the head. 

At his guilty plea hearing, Jose admitted that his use of drugs and alcohol and his firing of the AK-47-style pistol were the proximate cause of the decedent’s death.

“This lengthy sentence serves as a testament to HSI’s commitment, alongside our law enforcement partners, to bring justice to a man for his vile attempt to kill the federal agents who were attempting to thwart his illegal activity – illegal activity that caused the death of another person,” said Scott Brown, special agent in charge for HSI Phoenix. “The men and women of HSI will not be deterred in their pursuit of those that use violence to further their human smuggling schemes. This sentence means the defendant will spend nearly the rest of his life in prison for his actions. We can rest assured that he will not present a threat to law enforcement, or the public, ever again.”

“Alien smuggling is a dangerous business under any circumstances,” said United States Attorney Gary Restaino. “It’s much more so here, where the defendant possessed an assault weapon during the smuggling crime, and used it against law enforcement agents.”

Homeland Security Investigations, Sells, conducted the investigation in this case, with the assistance of the Phoenix Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, United States Border Patrol, and the Tohono O’odham Police Department. Assistant U.S. Attorneys Serra M. Tsethlikai, Robert A. Fellrath, and Erica Seger, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-19-1050-SHR-LCK
RELEASE NUMBER:    2022-201_Jose, et al

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PHOENIX, Ariz. – On September 28, 2022, a grand jury in Phoenix, Arizona returned a 34-count indictment against nine individuals, including:

• Yvette Porras-Ochoa, 40, of Wittmann, Arizona
• Ricardo Ochoa, 41, of Mesa, Arizona
• Kourtney Moore, 40, of Akron, Ohio
• George Martinez-Aviles, M.D., 55, of Peoria, Arizona
• Vanessa Quijada, 36, of Phoenix, Arizona
• Josefina Thomas, 57, of Glendale, Arizona
• Angel Borunda, 26, of Odessa, Texas
• Ibis Efren Miranda Hernandez, 43, of Peoria, Arizona
• Kristel Pimentel, 37, of Buckeye, Arizona

A 2021 investigation revealed that Martinez-Aviles, M.D., Porras-Ochoa, Ochoa, Moore, Quijada, Thomas, and Pimentel, each conspired to distribute oxycodone knowingly and intentionally, and to distribute promethazine-codeine outside the scope of professional practice and not for a legitimate medical purpose. Furthermore, Porras-Ochoa, Moore, Ochoa, and Borunda each face additional charges for conspiring to distribute cocaine for profit. Lastly, Moore also faces additional charges for possession with intent to distribute fentanyl. Six of the defendants were also charged with related money-laundering offenses.

Over the course of this investigation, law enforcement officers seized cocaine, marijuana, oxycodone, promethazine-codeine, and counterfeit oxycodone pills containing fentanyl. 

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

The Drug Enforcement Administration led the investigation with significant contributions from Homeland Security Investigations, the United States Postal Inspection Service, the United States Marshals Service, the Phoenix Police Department, the Surprise Police Department, the Peoria Police Department, the Glendale Police Department, and the Goodyear Police Department. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:            CR-22-1265-PHX-SPL
RELEASE NUMBER:    2022-199_Porras-Ochoa, et al

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TUCSON, Ariz. – Harrison Shirley, 46, of Fort Defiance, Arizona, was sentenced on October 24, 2022, by United States District Judge Scott H. Rash to 390 months in prison, followed by lifetime supervised release. Shirley, a member of the Navajo tribe, was indicted on one count of Aggravated Sexual Abuse of a Child in November 2020. One year later, Shirley pleaded guilty to Sexual Abuse, with a sentencing range of 20 to 40 years in prison.

On August 10, 2019, Shirley was living on the Tohono O’odham Indian Reservation outside of Tucson, Arizona, when he molested the then 7-year-old victim, while a visitor at a residence. Twenty years earlier, in May of 1999, while living on the Navajo Indian Reservation, then 23-year-old Shirley committed two sexual abuse crimes. He pleaded guilty to both offenses and was sentenced in August 2000 to concurrent terms of 97 months in prison.

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

CASE NUMBER:            CR-20-2524-TUC-SHR-LAB
RELEASE NUMBER:    2022-198_Shirley
 

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PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for July 2022 to September 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 September 30, 2022, the United States brought criminal charges in Arizona against 2,011 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 307 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 seven 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:    2022-195_2022 Third Quarter Immigration Enforcement Statistics
 

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TUCSON, Ariz. – On September 21, 2022, a Tucson federal grand jury returned an indictment charging 49 firearms-related offenses against the following individuals:

• Victor Coronado
• Fernando Palomares, Jr.
• Julissa Leonor Torres
• Carlos Fernando Palomares-Leon
• Briana Marie Montpetit
• Karla Romero
• Avery Danelle Gipson
• Kevin Allen Lapedus
• Ray Alberto Laborin
• Elizar Olivares
• Kyle Rene Fazlollah
• Ty-Jhai Damon Grigsby

The indictment alleges that the 12 individuals were members of a Tucson-based firearms trafficking organization. The investigation leading to their indictment involved a series of firearms transactions that resulted in several firearms being seized in the Republic of Mexico.

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.

All 12 individuals charged in the indictment face a maximum penalty of 10 years in prison.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations, U.S. Customs and Border Protection Office of Field Operations, the Pima County Sheriff’s Department, and the United States Postal Inspection Service conducted the investigation in this case. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:            CR-22-02082-RM-EJM
RELEASE NUMBER:    2022-197 _Coronado, et al.

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TUCSON, Ariz. – On September 15, 2022, a Tucson federal grand jury returned an indictment charging 51 firearms-related offenses against the following individuals:

• Julian Canastillo
• Daniel Canastillo Molina
• Omar Trujillo, Jr.
• Carlos Martinez
• Nicolas Meraz
• Timothy Scott Waltermire, Jr.
• Tylor Cody Joiner
• Roy Glen Cline III
• Corey Creasia
• David Rey Gonzalez

The indictment alleges that the 10 individuals were members of a Tucson-based firearms trafficking organization. The investigation leading to their indictment involved a series of firearms transactions that resulted in firearms being seized in the Republic of Mexico.

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.

All 10 individuals charged in the indictment face a maximum penalty of 10 years in prison.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations, and U.S. Customs and Border Protection Office of Field Operations conducted the investigation in this case. Assistant U.S. Attorneys Angela W. Woolridge, Matthew C. Cassell, and Craig Russell, District of Arizona, Tucson, are handling the prosecution.
 

CASE NUMBER:            CR-22-1857-TUC-JCH-BGM
RELEASE NUMBER:    2022-196_Trujillo, et al.

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PHOENIX, Ariz. – Gabriel Milford Kavoka, 39, of Scottsdale, Arizona, was sentenced Tuesday, by United States District Judge Susan M. Brnovich to two concurrent life sentences. Kavoka, an enrolled member of the Salt River Pima-Maricopa Indian Community, previously pleaded guilty to Second Degree Murder and Carjacking Resulting in Death. 

On August 21, 2019, Kavoka hailed a taxi to Casino Arizona. When he arrived, Kavoka shot and killed the taxi driver and carjacked the taxi. He then led police on a high-speed chase through the streets of Mesa, Arizona. The chase ended when Kavoka crashed the taxi into a police vehicle.

The Salt River Police Department conducted the investigation in this case with assistance from the Mesa Police Department. The taxi service, VIP Taxi, provided invaluable assistance in collecting and providing evidence. Assistant U.S. Attorneys Thomas C. Simon and Jennifer E. LaGrange, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-01338-PHX-SMB
RELEASE NUMBER:    2022-194_Kavoka
 

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TUCSON, Ariz. – Robert Allen Yost, 61, of Phoenix, Arizona, was sentenced on October 21, 2022, by United States District Judge Jennifer G. Zipps, to 188 months in prison for child exploitation offenses. Yost previously pleaded guilty to Conspiracy to Sex Traffic Children and Production of Child Pornography, as well as Conspiracy to Transport Illegal Aliens for Profit. Upon release from prison, Yost will be placed on lifetime supervised release with sex offender conditions and will be required to register as a sex offender.

In March 2020, United States Border Patrol agents initially encountered Yost smuggling undocumented noncitizens along State Route 80, when a search of his phone revealed child exploitation content. During his guilty plea on January 18, 2022, Yost admitted that he had exchanged pictures and videos depicting child sexual abuse with other people via text messages and the internet. He also admitted that he asked another individual to send sexually explicit images of a child in that individual’s custody and offered methamphetamine in exchange for sexual access to the child. The intended sexual activity with the child did not take place due to other intervening circumstances.

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 DOJ’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.

Customs and Border Protection’s U.S. Border Patrol and Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorneys Carin Duryee and Jared Kreamer Hope, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-20-02523-JGZ-JR
                                           CR-20-02370-JGZ-JR
RELEASE NUMBER:    2022- 192_Yost

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TUCSON, Ariz. – Peter Gregorio Castro, 45, of Patagonia, Arizona, was convicted and sentenced on October 5, 2022, by United States District Judge Cindy K. Jorgenson to 46 months in prison, followed by three years of supervised release. Castro previously pleaded guilty to Possession of a Firearm and Ammunition by a Convicted Felon.

On January 8, 2021, the Tucson Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated a shooting at the Knights Inn located in Tucson, Arizona. Castro had been renting and occupying the motel room where the shooting occurred. Four days later, agents and officers encountered Castro as the passenger in a vehicle associated with the shooting and, at that time, Castro possessed a .40 caliber handgun loaded with 11 rounds of ammunition in his pocket. Castro was previously convicted of aggravated assault with a deadly weapon in 1998, and as a result is prohibited from possessing firearms and ammunition.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation in this case, with assistance from the Tucson Police Department. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-21-0617-TUC-CKJ
RELEASE NUMBER:    2022-193_Castro

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PHOENIX, Ariz. – The Department of Justice today released its comprehensive press release (https://www.justice.gov/opa/pr/justice-department-releases-information-efforts-protect-right-vote-prosecute-election-fraud) on federal efforts to protect voting rights and to prohibit intimidation, discrimination, and fraud in the November 8 general election and the pre-election-day voting that has already begun.

As this statement indicates, the Justice Department is committed to ensuring that all qualified voters have the opportunity to cast their ballots and have their votes counted free of intimidation, discrimination, or fraud in the election process. Here in Arizona, we have terrific partnerships with reasoned and dedicated local, county and state officials, and we expect that our deputy sheriffs and municipal police officers will be the front line in efforts to ensure that all qualified voters are able to exercise their right to vote free of intimidation or other election abuses.

We’ll nonetheless be watching federally. As the several election threat-related cases pending federal felony charges from alleged criminal activity arising out of our State show, acts which cross the line will not go unaddressed. We have a long history of civil dialogue and civic engagement here in Arizona, and we will vigorously safeguard all Arizonans’ rights to freely and lawfully cast their ballot during the election.

RELEASE NUMBER:    2022-190_USAO Protect Voting Rights Statement

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TUCSON, Ariz. –On October 13, 2022, United States Border Patrol (USBP) agents arrested Hugo Alexander Garcia-Sales, 22, of Guatemala, for Assault on a Federal Officer With a Deadly or Dangerous Weapon and Improper Entry by an Alien.

The complaint alleges that on October 13, 2022, USBP agents responded to a remote area near Henrick’s Well after receiving reports of two suspected undocumented noncitizens. When agents arrived on the scene, the individuals ran, and a USBP helicopter was called in to assist in the search. While the pilot hovered above the ground, Garcia-Sales threw five softball-sized rocks at the helicopter. Although Garcia-Sales failed to hit the helicopter, one rock came within several feet of striking the aircraft, creating a severe risk of injury or death to the victim pilot. USBP agents arrested Garcia-Sales and confirmed he was a non-U.S. citizen without legal permission to enter or remain in the United States. The other individual evaded apprehension.

Assault on a Federal Officer carries a maximum penalty of 20 years in prison and a fine of up to $250,000.

Improper Entry by an Alien carries a maximum penalty of six months in federal prison and a fine of up to $5,000.

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

The United States Border Patrol conducted the investigation in this case. Assistant United States Attorney Nathaniel Walters, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:            MJ-22-07776-BGM
RELEASE NUMBER:    2022-191_Garcia-Sales

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