District of Arizona

PHOENIX, Ariz. – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Arizona Criminal Justice Commission was awarded $379,981 to administer PSN grant funds in the District of Arizona.

The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.

“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”

“Combatting violent crime is a national priority that requires a coordinated effort,” said U.S. Attorney Gary Restaino. “The United States Attorney’s Office for the District of Arizona has partnered with various local, state, tribal, federal, and non-government agencies to support a data-driven approach to identify high gun-crime areas and target its resources to combat violent offenders. Our statewide approach under the PSN Program includes community engagement to address prevention, outreach, and reentry initiatives to reduce violent crime and recidivism.”

Grant funds awarded in the District of Arizona will support local, state, tribal, and federal law enforcement agencies to improve collaborative efforts in violent crime reduction in the highest crime areas in Phoenix, Tucson, and Tribal communities. The grant funds will also support community stakeholders from the faith community, neighborhood groups, and other social service disciplines to provide a holistic approach to violent crime reduction activities. Additionally, the PSN Program grant funding is used to research and analyze violent crime data to improve our targeting strategy.

“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”

In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.

PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.

For a list of all grantees, please visit: PSN Grant List

RELEASE NUMBER:    2021-092_PSN Grants

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ALBANY, NEW YORK – Jonathan M. Cuney, age 38, and a part-time resident of East Greenbush, New York, was sentenced today to 87 months in prison, to be followed by 3 years of supervised release, for unlawfully possessing firearms including “ghost guns,” and ammunition.

The announcement was made by United States Attorney Carla B. Freedman and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

Cuney previously pled guilty to unlawfully possessing, as a felon, a Springfield Armory rifle and an FMK Firearms Inc. AR-15-style rifle receiver/frame, and to possessing three unregistered silencers, between September 9, 2019 and November 14, 2019. 

Cuney has a prior conviction for unlawful gun trafficking.  In December 2015, he pled guilty, in the United States District Court for the Southern District of New York, to transporting and selling firearms with obliterated serial numbers while he was a licensed firearms dealer.  He was sentenced to 37 months in prison, and returned to East Greenbush in April 2017 upon his release from prison.

In pleading guilty on June 22, 2021, Cuney also admitted that from at least August 2018 until November 12, 2019, he purchased firearms parts from several dozen online retailers, and had these items shipped to East Greenbush; Willits, California (where he maintained a residence); and Providence, Rhode Island (where he formerly maintained a legitimate firearms business).  Cuney then used these firearms parts to manufacture non-serialized handguns and rifles, and silencers.  These firearms are often called “ghost guns” because they do not have serial numbers, making them more difficult for law enforcement to track.

ATF searched Cuney’s East Greenbush storage unit on November 14, 2019, and found it to contain, among other items:

• Two (2) rifles,
• One (1) revolver,
• Four (4) serialized AR-15-style rifle receivers/frames,
• Two (2) completed “ghost” guns,
• Five (5) pistol parts kits,
• Two (2) completed silencers and enough parts to build more than ten (10) silencers, and
• An assorted quantity of firearm parts and accessories – of which five (5) would be classified as machine guns under federal law – and 3,250 rounds of assorted rifle and pistol ammunition.

Cuney also rented a storage unit in Redway, Humboldt County, California.  ATF searched this storage unit on November 20, 2019, and found it to contain, among other items:

• Two (2) Glock pistols,
• Seven (7) additional handguns,
• Three (3) rifles,
• One (1) shotgun,
• Five (5) machinegun conversion kits,
• More than ten (10) silencers, and
• More than 1,000 rounds of assorted rifle and handgun ammunition. 

Cuney also admitted to unlawfully possessing, on September 17, 2019, in Columbia, Missouri, several thousand rounds of ammunition that he purchased at a firearms store through a straw purchaser.

He also admitted to unlawfully possessing, on November 12, 2019, near Tucson, Arizona, a pistol and a rifle, which were discovered during a traffic stop of a vehicle that Cuney was driving.

Cuney has also admitted to joining the Proud Boys organization in late 2018. 

In sentencing Cuney, Senior United States District Judge Frederick J. Scullin, Jr. noted that “ghost guns are killing people on the streets every day in this country.” 

Judge Scullin noted Cuney’s prior service in the United States Marine Corps, including a combat deployment to Iraq, but said that “any credit you might get for being a veteran is outweighed by your conduct as a criminal.  You know how to play the system. You tell a good story – an ‘A’ for creating writing, but an ‘F’ for conduct.” 

As part of his plea agreement, Cuney agreed to abandon a variety of firearms, silencers, ammunition, and firearm parts found in both East Greenbush and Redway, California, as well as the following items, all found in Redway: one pair of handcuffs with key; 56 Monadnock disposable single cuffs; and clothing items, patches and badges bearing law enforcement acronyms and insignia, including a Federal Bureau of Investigation (FBI) ball cap, FBI badges, FBI patches, Drug Enforcement Administration (DEA) patches, and DEA badges.

These cases were investigated by the ATF New York Field Division, with assistance from ATF Special Agents and Task Force Officers in Arizona, California, Missouri, Rhode Island, and Wyoming.  The California Highway Patrol also assisted in the investigation. 

The New York case was prosecuted by Assistant U.S. Attorney Michael Barnett.

The Arizona case was prosecuted by Assistant U.S. Attorney Serra M. Tsethlikai of the District of Arizona.

The Missouri case was prosecuted by Assistant U.S. Attorney Michael S. Oliver of the Western District of Missouri.

TUCSON, Ariz. – Mauricio Robles, 26, of Phoenix, Arizona, was sentenced yesterday by U.S. District Judge Rosemary Marquez to 37 months in prison for attempting to smuggle ammunition from the United States into Mexico. The court previously sentenced Robles’ co-defendant, Arlando Torres, 36, of Texas, to 70 months in prison on September 30, 2021. 

On May 4, 2020, Arizona Department of Public Safety troopers conducted a traffic stop on a vehicle Torres was driving. Robles was the sole passenger and the owner of the vehicle.  Inside the vehicle, DPS troopers found almost 6,000 rounds of ammunition and thirty ammunition magazines. Torres and Robles intended to provide the ammunition to other individuals who would then smuggle the ammunition from the United States into Mexico on behalf of a criminal organization, in exchange for payment.

Homeland Security Investigations conducted the investigation in this case, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Arizona Department of Public Safety. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            20-2122-TUC-RM
RELEASE NUMBER:    2021-091_Torres

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PHOENIX, Ariz. – Jose Teran, 36, of Scottsdale, Arizona appeared today in federal court on charges for Conspiracy, Wire Fraud, Transactional Money Laundering, and Aggravated Identity Theft. In mid-November, a federal grand jury in Phoenix returned a 30-count indictment against Teran, and his co-conspirator, Webster Batista, 38, of Doral, Florida. On November 18, Special Agents with the Internal Revenue Service – Criminal Investigation arrested Batista at his residence in Florida. 

According to the indictment, from 2016 to the present, Teran and Batista used fraudulent pretenses and made false representations to collect over $20 million in royalty payments for music that was monetized through a third-party company. Through their company MediaMuv, Teran and Batista allegedly first claimed they had the legal right to monetize over 50,000+ songs on February 13, 2017. The indictment alleges that contractual agreements were executed between MediaMuv and two third party companies in which MediaMuv made false and fraudulent affirmations that they had legal rights over the music they claimed to control. According to the indictment, Teran and Batista did not pay anything to the top 30 artists or their representatives, whose music generated royalties that the defendants collected. Teran and Batista allegedly used the identities of others to make false claims about ownership and to create the false impression that MediaMuv had other employees. The indictment further alleges that Teran and Batista used the fraudulent proceeds to purchase high-end items such as cars, jewelry, and property. 

If convicted, Teran and Batista face up to 5 years in prison for Conspiracy, up to 20 years for Wire Fraud, up to 10 years for Transactional Money Laundering, and a mandatory consecutive sentence of 2 years for Aggravated Identity Theft. They may also be fined up to $250,000 per felony conviction. 

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

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

CASE NUMBER:            CR21-0955-PHX-DLR
RELEASE NUMBER:    2021-090_Batista

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PHOENIX, Ariz. – Last week, Jarred Darnell Benally, 24, of Red Mesa, Arizona, was sentenced by U.S. District Judge Diane J. Humetewa to 132 months in prison. Benally previously pleaded guilty to two counts of Involuntary Manslaughter.  

In October 2019, Benally was driving under the influence of alcohol when he struck the victim’s vehicle at 95 miles an hour. The impact caused the victim’s vehicle to collide with a second vehicle. Two individuals died from the collision. Benally and one victim are enrolled members of the Navajo Nation.

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

CASE NUMBER:            CR-20-8034-PCT-JJT    
RELEASE NUMBER:    2021-089_Benally

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PHOENIX, Ariz. – Gary M. Restaino took office today as United States Attorney for the District of Arizona.

President Biden nominated Mr. Restaino to serve as U.S. Attorney on October 27, 2021.The Senate confirmed his nomination on November 19, 2021. Mr. Restaino was sworn into office by the Honorable Chief Judge G. Murray Snow this morning at the U.S. District Courthouse for the District of Arizona.

Mr. Restaino, 53, is assuming the position after having worked in the office for nearly two decades. During that time, he served as the Chief of the Criminal Division in Phoenix from 2012 to 2016 and as the Chief of the White Collar Crime Section from 2008 to 2009. From 2009 to 2010, Mr. Restaino was detailed as a Trial Attorney to the Public Integrity Section of the Department of Justice in Washington.

“I thank the President, and Senators Sinema and Kelly, for the trust they have placed in me. I am thrilled at the opportunity to partner with such fine colleagues at the U.S. Attorney’s Office and with the dedicated law enforcement professionals throughout the State. And I look forward to the opportunity to work with the civic and civil rights organizations who hold us accountable and who, with their energy and compassion, help push Arizona to be a better place,” said Mr. Restaino.

As an Assistant United States Attorney, Mr. Restaino handled numerous high-profile matters, including the successful prosecutions of former Fiesta Bowl executives in a scheme to make illegal campaign contributions, and of former U.S. Rep. Rick Renzi for extortion and bribery in connection with a federal land swap deal. Additionally, he prosecuted scores of cases involving investment fraud, money laundering and human smuggling. Aside from his litigation activities, he also collaborated extensively with prosecutors in Mexico and Colombia through the Department’s Office of Prosecutorial Development, Assistance and Training.

Mr. Restaino received his J.D. from the University of Virginia School of Law in 1996 and his B.A. from Haverford College in 1990. Prior to his employment as a federal prosecutor, Mr. Restaino was a civil rights lawyer from 1999 to 2003 with the Arizona Attorney General’s Office, and represented migrant and seasonal farmworkers with Community Legal Services, Inc. from 1996 to 1999. Between college and law school, he served for two years with the Peace Corps in rural Paraguay.           

Mr. Restaino succeeds Glenn McCormick, who had been serving as Acting U.S. Attorney since April 24, 2021.

RELEASE NUMBER:    2021-088_Gary Restaino

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PHOENIX, Ariz. – Yesterday, Steven Arthur Martis, 77, of Bullhead City, Arizona, was found guilty by a jury of one count of communicating an interstate threat to kill or harm Speaker of the House of Representatives Nancy Pelosi. Martis is set to be sentenced on January 25, 2022.

On January 17, 2021, Martis called Speaker Pelosi’s Washington District Office from his residence in Bullhead City, Arizona, and left two voicemails. In his first voicemail, Martis threatened, “I’m coming to kill you . . . .” Martis followed up with a second voicemail, in which he advised, “You’re dead . . . .” Martis made these two calls after the Federal Bureau of Investigation had approached him and warned him about making similar calls in the past.   

“This case is an important reminder that, although the First Amendment protects our right to free speech, which is one of our most precious individual rights, the United States Attorney’s Office takes threats to kill or harm another individual through a phone call or other form of interstate communication very seriously,” said Acting United States Attorney Glenn B. McCormick.

The Federal Bureau of Investigation conducted the investigation in this case, with assistance from the United States Capitol Police. Assistant United States Attorneys Kristen Brook and Joseph Koehler, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-2021-08043-PCT-DJH
RELEASE NUMBER:    2021-087_Martis

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PHOENIX, Ariz. – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the District of Arizona, two agencies were awarded funding totaling $750,000.

“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”

The following law enforcement agencies in Arizona received awards:

• City of Glendale – $500,000
   
• La Paz County - $250,000

CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based response to persons in crisis. The complete list of awards can be found  here.

Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.

To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.

The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.

RELEASE NUMBER:    2021-085_Community Policing Funding

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TUCSON, Ariz. – Amalia Gonzalez-Lara, 43, of Phoenix, pleaded guilty in federal court today in connection with her role as the coordinator of a human smuggling operation in Avondale, Arizona.

During a proceeding before U.S. Magistrate Judge Jacqueline Rateau, Gonzalez-Lara admitted that she conspired to transport and harbor over 100 illegal aliens for profit. On January 12, 2021, law enforcement agents located 20 illegal aliens, all nationals of Mexico or Guatemala, inside a residence located at 1905 North 119th Drive in Avondale, Arizona. Over the course of the conspiracy, the house was used to conceal large numbers of illegal aliens who had been smuggled across the U.S.-Mexico border and transported to the Phoenix area. Agents with Homeland Security Investigations and United States Border Patrol made the arrests.

Co-conspirator Sergio Vazquez-Flores, 46, of Goodyear, Arizona, pleaded guilty to conspiring to transport and harbor over 100 illegal aliens for profit on November 5, 2021. Vazquez-Flores operated the stash house at the Avondale address on behalf of Gonzalez-Lara.

A conviction for Conspiracy to Transport and Harbor Illegal Aliens for Profit carries a maximum penalty of ten years, a maximum fine of $250,000, or both.

Sentencing is set before Senior U.S. District Judge Raner C. Collins for Vazquez-Flores on January 25, 2022, and for Gonzalez-Lara on February 1, 2022.  

The investigation in this case was conducted by Homeland Security Investigations – Nogales Office, with assistance from United States Border Patrol. The U.S. Attorney’s Office, District of Arizona, is handling the prosecution.

The U.S. Attorney’s Office for the District of Arizona is part of Joint Task Force Alpha (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. JTFA consists of federal prosecutors and attorneys from U.S. Attorney’s Offices along the Southwest Border (District of Arizona, Southern District of California, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement and Customs and Border Protection. The Federal Bureau of Investigation and the Drug Enforcement Administration are also part of the Task Force.

CASE NUMBER:            CR-21-0613-TUC-RCC-JR
RELEASE NUMBER:    2021-086_Gonzalez-Lara

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TUCSON, Ariz. – Joseph Andre Batts, 44, of Sicklerville, New Jersey, was sentenced yesterday by Senior U.S. District Judge Raner C. Collins to 70 months in prison. Batts previously pleaded guilty to Conspiracy to Commit Money Laundering and Conspiracy to Commit Mail and Wire Fraud.

Between 2013 and 2018, Batts participated in a scheme where Jamaican-based scammers and others called elderly victims in the United States, claiming the victims had won a lottery or other prize. To receive their winnings, the victims were told that they must first pay money for taxes and fees. Batts’ role in this scheme was to sell and distribute “lead lists,” which contained the names and personal information of thousands of primarily elderly individuals for the scammers to contact. Batts also distributed scamming scripts and template letters to teach others how to conduct the scheme. He then used others to help launder portions of the fraudulent proceeds.

The Internal Revenue Service – Criminal Investigation, Federal Bureau of Investigation, United States Postal Inspection Service, Homeland Security Investigations – Tucson Office, U.S. Treasury Inspector General for Tax Administration, and the Diplomatic Security Service, conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR18-2216-RCC-1
RELEASE NUMBER:    2021- 084_Batts

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TUCSON, Ariz. – Michael Tagle Santos, 34, and Cherry Mae De Los Reyes-Santos, 28, most recently of Tucson, Arizona, were sentenced yesterday by U.S. District Judge Jennifer G. Zipps for defrauding a 73-year-old homebound victim. Santos received 33 months in prison and De Los Reyes-Santos received 16 months in prison. The Court also ordered the married couple to pay restitution to the victim. Santos previously pleaded guilty to wire fraud and De Los Reyes-Santos pleaded guilty to misprision of a felony. 

During the time of the scheme, Michael Santos and De Los Reyes-Santos worked as caregivers for the victim, who was disabled. Between 2013 and 2018, Michael Santos and De Los Reyes-Santos made unauthorized transfers of the victim’s funds. Santos admitted that he and his wife fraudulently disguised the transfers to make them appear as wage advances, gifts, and reimbursements for medical and grocery expenses of the victim. De Los Reyes-Santos was aware that these transactions were not legitimate reimbursements. The couple used the fraudulently-obtained proceeds to fund their lifestyle, paying for expensive cars, trips to Las Vegas, high end jewelry, and home remodeling.

The United States Secret Service and the Pima County Sheriff’s Department conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:       CR-20-2707-TUC-JGZ
RELEASE NUMBER:    2021-083_Santos

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PHOENIX, Ariz. – On Wednesday, Vu Anh Nguyen, 26, of Chandler, Arizona was sentenced by U.S. District Judge James A. Teilborg to 30 months in federal prison and ordered to pay more than $700,000 in restitution to his victims.

Nguyen previously pleaded guilty to orchestrating two fraudulent schemes. In the first, Nguyen committed a type of securities fraud known as “free riding,” consisting of making transfers of funds into stock trading accounts from bank accounts that Nguyen knew were insufficiently funded. Nguyen traded with the transferred funds during the two or three days it took for the insufficiency in funds to be processed, resulting in losses to the trading entities of nearly $650,000. 

In the second, Nguyen embezzled from his then-employer, Amazon.com. During the short time he was employed by Amazon, Nguyen used his employee access to issue $96,000 worth of refunds to several buyer accounts that he owned or controlled. Amazon discovered, investigated, and reported the fraud to the FBI. 

The Federal Bureau of Investigation, Phoenix Division, conducted the investigation in this case. Monica Klapper, Assistant U.S. Attorney, District of Arizona, handled the prosecution.

CASE NUMBER:            CR 20-000796-PHX-JAT
RELEASE NUMBER:    2021-082_Nguyen

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

289 individuals were charged in October with illegal reentry

A.  217 of those 289 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

     Of the 217 individuals with non-immigration criminal records:

1.  49 had violent crime convictions, including:

0 individuals had homicide convictions
11 individuals had sex offense convictions
15 individuals had domestic violence convictions

2.  17 had property crime convictions

3.  31 had DUI convictions

4.  115 had drug crime convictions

B.  142 of those 289 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

48 individuals were charged in October with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

0 individuals were charged in October with illegal entry on the CCI calendar

Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.

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

RELEASE NUMBER:    2021-081_October Immigration and Border Crimes Report

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PHOENIX, Ariz. – Last week, Roy Dominic Robles, 35, of Marana, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to a total of 60 months in prison, followed by 15 years of supervised release. A jury previously convicted Robles on five counts, including two counts of sexual abuse of a minor, one count of abusive sexual contact with a minor, and two counts of abusive sexual contact without permission.    

On September 14, 2019, during a trip to Lake Mead, Arizona with family and friends, Robles sexually abused the minor victim. On that same date, Robles engaged in an abusive sexual contact without permission with the adult victim.   

The National Park Service conducted the investigation in this case. Christina J. Reid-Moore and Wayne Venhuizen, Assistant U.S. Attorneys, District of Arizona, Phoenix and Flagstaff, handled the prosecution.

CASE NUMBER:            CR-2019-08235-PCT-SMB
RELEASE NUMBER:    2021- 080_Robles

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On Nov 3, Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division convened a meeting on efforts to combat human smuggling and trafficking networks as part of the department’s work on Joint Task Force Alpha (JTF Alpha). Participants included Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, the U.S. Attorneys in districts along the southern border of the United States, Acting Deputy Director Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement (ICE), Acting Commissioner Troy A. Miller of U.S. Customs and Border Protection (CBP), and additional members of JTF Alpha.

The meeting focused on: discussing JTF Alpha’s investigations and prosecutions, and the challenges thereto; supporting JTF Alpha’s efforts to enhance U.S. enforcement efforts against the most prolific human smuggling and trafficking networks operating in Mexico, Guatemala, El Salvador and Honduras; and identifying ways to strengthen efforts to disrupt and dismantle  human smuggling and trafficking networks, including those that abuse or exploit those being smuggled, pose national security risks, or have links to transnational organized crime. The meeting discussed multiple examples of migrants being killed, sexually assaulted, kidnapped and abused by the smuggling and trafficking networks, as well as exploring those networks’ links with cartels, gangs and weapons smuggling.

Assistant Attorney General Polite highlighted how this joint law enforcement effort has already resulted in a number of successful prosecutions, new indictments, increased forfeitures and stronger international partnerships. He praised the partnership among ICE, CBP and other participating federal law enforcement agencies including FBI and DEA, in concert with JTF Alpha prosecutors and attorneys, to coordinate investigative resources and focus on the most prolific human smuggling and trafficking networks. The meeting also recognized the key role played by our law enforcement partners in Mexico, El Salvador, Guatemala and Honduras.

Attorney General Garland and Deputy Attorney General Monaco both reaffirmed the Justice Department’s commitment to combat human smuggling and trafficking networks and noted the serious risk of violence, injury and even death that too often results from exploitation of migrants by transnational criminal organizations. 

U.S. Attorney Ashley C. Hoff for the Western District of Texas, Acting U.S. Attorney Randy S. Grossman for the Southern District of California, Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas and Acting U.S. Attorney Glenn McCormick for the District of Arizona spoke about smuggling trends in their respective districts and the ways in which JTF Alpha resources and enhanced law enforcement efforts have been and could be used against the most prolific and dangerous smuggling organizations. ICE Acting Deputy Director Lechleitner and CBP Acting Commissioner Miller spoke about the need to continue coordinating law enforcement strategy and prioritizing resources and efforts in support of JTF Alpha. The Office of Prosecutorial Development, Assistance, and Training (OPDAT) spoke about the important collaborative work being done with our partners in El Salvador, Guatemala, Honduras and Mexico. Numerous components of the Criminal Division that are part of JTF Alpha – including the Human Rights and Special Prosecutions Section, the Narcotic and Dangerous Drug Section, the Money Laundering and Asset Recovery Section, the Office of Enforcement Operations and the Office of International Affairs – also participated in the meeting, along with representatives from the Civil Rights Division and the Executive Office for U.S. Attorneys.

The meeting ended with the participants confirming their steadfast support and prioritization of JTF Alpha and focus on its continued success. 

TUCSON, Ariz. – Today, the United States Attorney’s Office, District of Arizona, announced the unsealing of two indictments charging high-ranking members of the Sinaloa Cartel with international drug trafficking. On November 13, 2019 and February 19, 2020, a federal grand jury in Tucson returned superseding indictments against cartel members Aureliano Guzman-Loera of Sinaloa, Mexico, and brothers Ruperto, Jose, and Heriberto Salgueiro-Nevarez of Guadalupe Y Calvo, Mexico.

The indictments allege various violations of United States law related to the international distribution of controlled substances, including fentanyl, heroin, cocaine, methamphetamine, and marijuana, occurring over several years.

The Salgueiro-Nevarez brothers allegedly operate a faction of the Sinaloa Cartel known as the SNO, which stands for the Salgueiro-Nevarez Organization. Aureliano Guzman-Loera is the brother of former Sinaloa Cartel leader, Joaquin Guzman-Loera.

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, Tucson, is handling the prosecution.

CASE NUMBERS:         18-CR-1840-TUC-RCC(JR); 18-CR-00597-TUC-RCC(BGM)
RELEASE NUMBER:    2021-079_Guzman-Loera

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PHOENIX, Ariz. – Last week, Maurice Xavier Hollins, 25, of Phoenix, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 270 months in prison. Hollins previously pleaded guilty to Abusive Sexual Contact of a Child. After Hollins finishes serving his term in federal prison, he will be placed on supervised release for the rest of his life.

In early 2020, Hollins sexually abused the victim while staying with the victim’s family on the Navajo Nation. The victim is an enrolled member of the Navajo Nation.

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

CASE NUMBER:            CR 20-08083-DLR
RELEASE NUMBER:    2021- 078_Hollins

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PHOENIX, Ariz. – Last week, Brandon (Brandi) Greenberg, 30, of Phoenix, was sentenced by U.S. District Judge John J. Tuchi to 50 months in prison, followed by 48 months of supervised release. Greenberg previously pleaded guilty to conspiracy and distribution of methamphetamine. 

Over a nine-month period in 2018 and 2019, Greenberg mailed 30 parcels of methamphetamine ranging from less than half a pound to roughly six pounds, from Arizona to Massachusetts through the U.S. Postal Service. Most of the methamphetamine originated in Phoenix, and was then distributed by Greenberg’s co-conspirators in the greater Boston metropolitan area. Western Union and U.S. Postal Service records established payments sent from co-conspirators in Massachusetts to Greenberg in Arizona. During the execution of a search warrant at Greenberg’s residence in Phoenix in August 2019, investigators seized an additional 486 grams of methamphetamine.

Several other individuals who participated in the conspiracy have pleaded guilty and are awaiting sentencing in Massachusetts.

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 U.S. Postal Inspection Service, Drug Enforcement Administration, and Homeland Security Investigations conducted the investigation in this case. Assistance was provided by the Massachusetts State Police, the Boston (Massachusetts) Police Department, the Peoria (Arizona) Police Department, the Middlesex County (Massachusetts) District Attorney’s Office, the Suffolk County (Massachusetts) District Attorney’s Office, and the Arlington (Massachusetts) Police Department. Assistant U.S. Attorney James E. Arnold, District of Massachusetts and Assistant U.S. Attorney Jacqueline Schesnol, District of Arizona, handled the prosecution.

CASE NUMBER:            CR21-288-JJT
RELEASE NUMBER:    2021-077_Greenberg

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PHOENIX, Ariz. –Andrew Walsh, 43, of Phoenix, Arizona, was sentenced yesterday by U.S. District Judge Diane J. Humetewa to 30 months in prison, followed by 36 months of supervised release. Walsh previously pleaded guilty to possession with intent to distribute methamphetamine.

On August 28, 2021, federal agents executed a search warrant at Walsh’s residence. At that time, Walsh was in possession of 496.9 grams of a mixture of methamphetamine intended for distribution.

The Federal Bureau of Investigation and the Navajo Nation Department of Public Safety conducted the investigation in this case. Special Assistant U.S. Attorney Kevin Pooley, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-20-00584-PHX-DJH
RELEASE NUMBER:    2021-076_Walsh

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PHOENIX, Ariz. – Yesterday, Virgil Fabian Brown, Jr., 44, of Phoenix, Arizona, was sentenced by U.S. District Judge Michael T. Liburdi to 54 months in prison, followed by ten years of supervised release. Brown previously pleaded guilty to two counts of Abusive Sexual Contact. 

On November 3, 2018, Brown touched the adult victim’s breast and genitalia while she was unconscious. His 54-month sentence includes two and a half years for Abusive Sexual Contact and a consecutive two years of confinement for Abusive Sexual Contact Without Permission. Brown is also required to register as a sexual offender for life. Brown is an enrolled member of the Gila River Indian Community,

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-19-01419-PHX-MTL
RELEASE NUMBER:    2021- 075_Brown

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PHOENIX, Ariz. – On Wednesday, Augustine Apkaw, 34, of Phoenix, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to four years in prison, followed by three years of supervised release. Apkaw previously pleaded guilty to Assault Resulting in Serious Bodily Injury.

On September 16, 2020, Apkaw hit his victim in the face with a baseball bat, causing her to suffer a broken jaw and tooth.  Apkaw is an enrolled member of the Gila River Indian Community.

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

CASE NUMBER:            CR-21-00198-PHX-SMB
RELEASE NUMBER:    2021- 073_Apkaw

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TUCSON, Ariz. – On Wednesday, a federal grand jury returned a fifty-count indictment, charging Linh Cao Nguyen, M.D., 48, of Peoria, Arizona, with Health Care Fraud, False Statements Relating to a Health Care Matter, and Aggravated Identity Theft.

Dr. Nguyen ran a mobile multi-specialty medical practice that primarily treated patients in their homes and living facilities throughout Phoenix and Tucson, Arizona. The indictment alleges that for over a decade, Dr. Nguyen, through his practice, engaged in a health care fraud scheme by submitting false claims to health care insurance programs for medical services: (1) that identified a physician as the rendering provider when Dr. Nguyen knew that the service was not completed by a physician and did not qualify for reimbursement as a physician; (2) that were not medically necessary; (3) that were billed at a higher complexity level than the actual level of care provided; and (4) that were not performed as the only legitimate service rendered was a Covid vaccination.  The indictment also alleges that Dr. Nguyen created false medical records to conceal and avoid detection of his fraudulent billing practices. During the timeframe of the indictment, Dr. Nguyen, through his medical practice, is alleged to have billed Medicare approximately $50 million dollars and received approximately $33 million dollars in Medicare funds.

Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.            

The United States Department of Health and Human Services (Office of Inspector General), the United States Defense Criminal Investigative Service (Department of Defense Inspector General) and the Federal Bureau of Investigation are investigating the case. The U.S. Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:                   CR-21-2716-TUC-JCH (LCK)
RELEASE NUMBER:           2021-074_Nguyen

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PHOENIX, Ariz. – Last week, Sarah Nicole Kelley, 40, of Coolidge, Arizona, was found guilty by a federal jury of 24 counts of wire fraud and 8 counts of money laundering. The case was tried before U.S. District Judge John J. Tuchi. Kelley is currently out of custody until her sentencing date, which is scheduled for February 3, 2022.

The evidence at trial showed that Kelley defrauded a family friend out of the friend’s entire $185,000 in savings. Kelley, a former real estate agent, convinced the victim to invest in a real estate project and send additional money for a short-term loan. Instead of using the money as promised, Kelley used all of the victim’s savings to pay off her own debts and then strung the victim along for months with a series of lies and excuses about how the money was spent and when the victim would get it back. Other evidence showed that Kelley defrauded another family friend out of $647,000 just a few years earlier using similar tactics.

A conviction for wire fraud carries a maximum penalty of 20 years of imprisonment, a $250,000 fine, or both. A conviction for money laundering carries a maximum penalty of 10 years of imprisonment, a $250,000 fine, or both.

The Internal Revenue Service – Criminal Investigation conducted the investigation in this case. Assistant United States Attorneys Caitlin Noel, James R. Knapp, and M. Bridget Minder, District of Arizona, handled the prosecution.

CASE NUMBER:                   CR-19-1143-PHX-JJT
RELEASE NUMBER:           2021-072_Kelley

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TUCSON, Ariz. –Macario Ulises Barragan-Cisneros, 45, of Mexico, pleaded guilty in federal court yesterday in connection with his role as the operator of a human smuggling stash house located in Phoenix, Arizona.

Barragan-Cisneros admitted that he conspired to transport and harbor illegal aliens for profit. On September 21, 2021, Barragan-Cisneros was arrested inside a trailer at the Camino Vista Mobile Home Park located at 6532 West Van Buren Street. The trailer was used to conceal undocumented noncitizens as part of a transnational human smuggling operation in which foreign nationals were smuggled across the U.S.-Mexico border near Nogales, Arizona and transported to Phoenix. Agents with Homeland Security Investigations and United States Border Patrol located a total of 29 smuggled individuals, all citizens of Mexico or Guatemala, in or around the trailer.

Sentencing is set before U.S. District Judge Scott H. Rash on January 10, 2022. A conviction for Conspiracy to Transport and Harbor Illegal Aliens for Profit carries a maximum penalty of ten years, a maximum fine of $250,000, or both.

Special Agents from Homeland Security Investigations – Nogales Office, with assistance from United States Border Patrol – Nogales Station, conducted the investigation in this case. The U.S. Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

This case resulted from the efforts of the Joint Task Force Alpha (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. JTFA consists of federal prosecutors and attorneys from U.S. Attorney’s Offices along the Southwest Border (District of Arizona, Southern District of California, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement and Customs and Border Protection. The FBI and the Drug Enforcement Administration are also part of the Task Force.

CASE NUMBER:            CR-21-1341-TUC-SHR-MSA
RELEASE NUMBER:    2021-071_Barragan-Cisneros

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PHOENIX, Ariz. – Last week, Roderrell Boyd Charley, 33, of Chinle, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 222 months of imprisonment. Charley previously pleaded guilty to Second Degree Murder. 

Between October 7 and 8, 2019, Charley beat the victim to death with his fists and feet. Family members heard Charley screaming and arguing with the victim on the night of October 7. On the morning of October 8, Charley told his sister that the victim was no longer breathing and left the scene. Charley’s mother called the police, who located the victim lying on the road. The victim was pronounced dead on arrival at the emergency room.  The victim died of blunt trauma, and had serious internal injuries, multiple fractures, and extensive bruising on her face and body. Charley is an enrolled member of the Navajo Nation.

The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety 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-21-08011-PCT-DLR (MHB)
RELEASE NUMBER:    2021- 070_Charley

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TUCSON, Ariz. – Robert Henderson, Jr., 59, of Tucson, Arizona, was sentenced yesterday by U.S. District Judge Jennifer G. Zipps to 10 years in prison. Henderson previously pleaded guilty to Distribution of Child Pornography. 

Henderson was charged with child pornography offenses on June 26, 2019, after a law enforcement investigation identified him as using a file-sharing network to obtain child sex abuse material in 2018. Upon release from prison, Henderson will be placed on lifetime supervised release with stringent conditions of supervision. He will also be required to register as a sex offender and to complete a sex offender treatment program. 

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

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

CASE NUMBER:            CR 19-01675-TUC-JGZ
RELEASE NUMBER:    2021- 068_Henderson

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TUCSON, Ariz. – Anastacio Alvarez-Lion, 41, of Nogales, Sonora, Mexico, was sentenced yesterday by U.S. District Judge Rosemary Marquez to five years in prison, followed by three years of supervised release. Alvarez-Lion previously pleaded guilty to conspiracy to distribute cocaine, heroin, and methamphetamine and to illegal reentry after removal. 

The investigation into the case revealed that Alvarez-Lion operated as an “arete” (trusted supervisor) for a Mexican based drug trafficking organization. Alvarez-Lion served as a guide and supervisor for a group of Mexican nationals who transported narcotics into the United States by means of backpacks. Alvarez-Lion was arrested on June 30, 2020 in Tucson after delivering a load of narcotics to a trusted courier. Agents arrested Alvarez-Lion in a vehicle that had three backpacks containing approximately 1.46 kilograms of cocaine, 342.5 grams of heroin, and 19.19 kilograms of methamphetamine, as well as a loaded handgun magazine.

Homeland Security Investigations 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 20-2246-02-TUC-RM (LCK)
RELEASE NUMBER:    2021- 069_Alvarez-Lion

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

238 individuals were charged in September with illegal reentry

A.  196 of those 238 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 196 individuals with non-immigration criminal records:

1.  52 had violent crime convictions, including:

2 individuals had homicide convictions
11 individuals had sex offense convictions
15 individuals had domestic violence convictions

2.  6 had property crime convictions

3.  40 had DUI convictions

4.  113 had drug crime convictions

B.  116 of those 196 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         47 individuals were charged in September with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

          0 individuals were charged in September with illegal entry on the CCI calendar

Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.

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

RELEASE NUMBER:    2021-067_September Immigration and Border Crimes Report

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PHOENIX, Ariz. – On Monday, Landis Grant Yellow, 29, of Shonto, Arizona, was sentenced by U.S. District Judge Steven P. Logan to 78 months in prison, followed by three years of supervised release. Yellow previously pleaded guilty to one count of voluntary manslaughter. 

In December 2017, Yellow stabbed the victim with a knife, killing him. The stabbing took place on the Navajo Nation Indian Reservation, where Yellow is an enrolled tribal member.   

The Federal Bureau of Investigation and the Navajo Nation Department of Criminal Investigation 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-19-08194-PCT-SPL
RELEASE NUMBER:    2021-065_Yellow

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PHOENIX, Ariz. – On Tuesday, Melvin James, 44, of Leupp, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 246 months in prison, followed by three years of supervised release. James previously pleaded guilty to Second Degree Murder.

On November 17, 2018, James was staying at a residence on the Navajo Nation. That night, James attacked his girlfriend, stabbing her multiple times. She died at the scene from her injuries. When the victim’s father tried to intervene during the attack, James stabbed and seriously injured him as well. James is an enrolled member of the Navajo Nation Indian Tribe.

The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Christina Reid-Moore and Jason Crowley, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           19-CR-08019-DLR
RELEASE NUMBER:    2021- 066_James

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PHOENIX, Ariz. – On Tuesday, Nevale Roanhorse, 39, of Teetso, Arizona, was sentenced by U.S. District Judge Diane J. Humetewa to five years in prison, followed by five years of supervised release. Roanhorse previously pleaded guilty to Arson. 

On July 3, 2020, Roanhorse broke into a neighbor’s home on the Navajo Nation. Once inside, he started several fires that eventually consumed the structure. Roanhorse is an enrolled member of the Navajo Nation.

The Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Navajo Nation Division of Public Safety conducted the investigation in this case. Jason Crowley, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR 20-08084-DJH
RELEASE NUMBER:    2021- 064_Roanhorse

 

PHOENIX, Ariz. – Lawrence Antonio Jackson, 30, of Sacaton, Arizona, was sentenced yesterday by U.S. District Judge Diane J. Humetewa to 5 years in prison, followed by three years of supervised release. Jackson also received an additional year in prison because he committed this offense while on federal supervised release for Possession of a Dangerous Weapon in a Federal Courthouse. Jackson previously pleaded guilty to Possession with Intent to Distribute Methamphetamine.

On September 6, 2020, Jackson possessed 6.8 grams of actual methamphetamine, several small baggies, multiple scales, and a Luger pistol. Jackson is an enrolled member of the Gila River Indian Community.   

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-21-00297-PHX-DJH, CR 18-01239-PHX-DJH
RELEASE NUMBER:    2021- 063_Jackson

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PHOENIX, Ariz. – Elbert Leonard Cly, 45, of Chinle, Ariz., was sentenced yesterday by Chief U.S. District Judge G. Murray Snow to 16 years in prison for sexual abuse of a minor. The sentence was ordered to be served consecutive to a 15-year sentence that Cly is currently serving in the Texas Department of Corrections for sexually abusing another minor. Cly previously pleaded guilty to Abusive Sexual Contact of a Child.

Between 2008 and 2010, Cly sexually abused the victim while living with the victim’s family on the Navajo Nation. Cly is an enrolled member of the Navajo Nation. Years later, the victim came forward after Cly was convicted for sexually abusing another child in Texas. Federal authorities commenced an investigation into the allegations, took Cly into federal custody, and transported him to Arizona to face these charges. After Cly finishes serving his state and federal prison terms, he will be placed on supervised release for the rest of his life.

The Federal Bureau of Investigation conducted the investigation in this case. William G. Voit, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR 18-08314-GMS
RELEASE NUMBER:    2021-062_Cly

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PHOENIX, Ariz. – The Department of Justice announced today criminal charges against 138 defendants, including 42 doctors, nurses, and other licensed medical professionals, in 31 federal districts across the United States for their alleged participation in various healthcare fraud schemes that resulted in approximately $1.4 billion in alleged losses.

The enforcement action includes criminal charges against two defendants here in the District of Arizona, involving health care fraud, for over $1.2 million in losses.

Nationwide, the charges target approximately $1.1 billion in fraud committed using telemedicine (the use of telecommunications technology to provide health care services remotely), $29 million in COVID-19 health care fraud, $133 million connected to substance abuse treatment facilities, or “sober homes,” and $160 million connected to other health care fraud and illegal opioid distribution schemes across the country.

“Today’s announcement highlights law enforcement’s ongoing, nationwide commitment to eradicate health care fraud,” said Acting United States Attorney Glenn B. McCormick. “Anyone tempted by greed to cheat taxpayers, abuse our healthcare system, and place vulnerable people at risk through health care fraud will be discovered, disgorged of ill-gotten gains, face loss of licensure, and time in prison. We are committed to work alongside our partners in law enforcement to protect the integrity of our health care system.”

“This nationwide enforcement action demonstrates that the Criminal Division is at the forefront of the fight against health care fraud and opioid abuse by prosecuting those who have exploited health care benefit programs and their patients for personal gain,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The charges announced today send a clear deterrent message and should leave no doubt about the department’s ongoing commitment to ensuring the safety of patients and the integrity of health care benefit programs, even amid a continued pandemic.”

Today’s enforcement actions were led and coordinated by the Health Care Fraud Unit of the Criminal Division’s Fraud Section, in conjunction with its Health Care Fraud and Appalachian Regional Prescription Opioid (ARPO) Strike Force program, and its core partners, the U.S. Attorneys’ Offices, the Department of Health and Human Services Office of Inspector General (HHS-OIG), FBI, and the Drug Enforcement Administration (DEA), as part of the department’s ongoing efforts to combat the devastating effects of health care fraud and the opioid epidemic. The District of Arizona worked with the Justice Department’s Criminal Division and agents from HHS-OIG, FBI, DEA, and other federal and state law enforcement agencies in the investigation and prosecution of these cases.

“Health care fraud targets the vulnerable in our communities, our health care system, and our basic expectation of competent, available care,” said Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division. “Despite a continued pandemic, the FBI and our law enforcement partners remain dedicated to safeguarding American taxpayers and businesses from the steep cost of health care fraud.”

“We have seen all too often criminals who engage in health care fraud — stealing from taxpayers while jeopardizing the health of Medicare and Medicaid beneficiaries,” said Deputy Inspector General for Investigations Gary L. Cantrell of HHS-OIG. “Today’s announcement should serve as another warning to individuals who may be considering engaging in such illicit activity: our agency and its law enforcement partners remain unrelenting in our commitment to rooting out fraud, holding bad actors accountable, and protecting the millions of beneficiaries who rely on federal health care programs.”

“Holding to account those responsible for health care fraud and diversion of prescription drugs is a priority for DEA,” said DEA Administrator Anne Milgram. “These fraudulent activities prey on our most vulnerable – those in pain, the substance-addicted, and even the homeless – those who are most susceptible to promises of relief, recovery, or a new start. Not only do these schemes profit from desperation, but they often leave their victims even deeper in addiction. We are grateful to our partners who stand with us to keep our communities safer and healthier through our collective efforts to prevent the misuse and over-prescribing of controlled medications.”

“Every dollar saved is critical to the sustainability of our Medicare programs and meeting the needs of seniors and people with disabilities,” said Centers for Medicare & Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure. “CMS has taken actions against 28 providers on behalf of people with Medicare coverage and to protect the Medicare Trust Fund.  Actions like this to combat fraud, waste and abuse in our federal programs would not be possible without the successful partnership of Centers for Medicare & Medicaid Services, the Department of Justice and the U.S. Department of Health and Human Services, Office of Inspector General.” 

Telemedicine Fraud Cases

The largest amount of alleged fraud loss charged in connection with the cases announced today – over $1.1 billion in allegedly false and fraudulent claims submitted by more than 43 criminal defendants in 11 judicial districts nationwide – relates to schemes involving telemedicine.

The continued focus on prosecuting health care fraud schemes involving telemedicine reflects the success of the nationwide coordinating role of the Fraud Section’s National Rapid Response Strike Force, the creation of which was announced at the 2020 National Health Care Fraud and Opioid Takedown. The National Rapid Response Strike Force helped coordinate the prosecution of the telemedicine initiative, Sober Homes initiative, and COVID-19 cases that were announced today. The focus on telemedicine fraud also builds on the telemedicine component of last year’s national takedown and the impact of the 2019 “Operation Brace Yourself” Telemedicine and Durable Medical Equipment Takedown, which resulted in an estimated cost avoidance of more than $1.9 billion in the amount paid by Medicare for orthotic braces in the 20 months following that takedown.

COVID-19 Fraud Cases

Nine defendants in the cases announced today are alleged to have engaged in various health care fraud schemes designed to exploit the COVID-19 pandemic, which resulted in the submission of over $29 million in false billings.

The law enforcement action today also includes criminal charges against five defendants across the country who allegedly engaged in the misuse of Provider Relief Fund monies. The Provider Relief Fund is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted March 2020 designed to provide needed medical care to Americans suffering from COVID-19.

The COVID-19 cases announced today build upon the success of the COVID-19 Health Care Fraud Takedown on May 26, a coordinated law enforcement action against 14 defendants in seven judicial districts for over $128 million in false billings. The law enforcement action and the cases announced today were brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.

Sober Homes Cases

The sober homes cases are announced on the one-year anniversary of the first ever national sober homes initiative in 2020, which included charges against more than a dozen criminal defendants in connection with more than $845 million of allegedly false and fraudulent claims for tests and treatments for vulnerable patients seeking treatment for drug and/or alcohol addiction. The over $133 million in false and fraudulent claims that are additionally alleged in cases announced today reflect the continued effort by the National Rapid Response Strike Force and the Health Care Fraud Unit’s Los Angeles Strike Force, with the participation of the U.S. Attorney’s Offices for the Central District of California and the Southern District of Florida, to prosecute those who participated in illegal kickback and bribery schemes involving the referral of patients to substance abuse treatment facilities; those patients could be subjected to medically unnecessary drug testing – often billing thousands of dollars for a single test – and therapy sessions that frequently were not provided, and which resulted in millions of dollars of false and fraudulent claims being submitted to private insurers.

Cases Involving the Illegal Prescription and/or Distribution of Opioids and Cases Involving Traditional Health Care Fraud Schemes

The cases announced today involving the illegal prescription and/or distribution of opioids involve 19 defendants, including several charges against medical professionals and others who prescribed over 12 million doses of opioids and other prescription narcotics, while submitting over $14 million in false billings. The cases that fall into more traditional categories of health care fraud include charges against over 60 defendants who allegedly participated in schemes to submit more than $145 million in false and fraudulent claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided.

In the District of Arizona, Dale and Zoila Henson, both of Chandler, Arizona, were indicted earlier this year on 58 counts related to fraudulently billing the Arizona Healthcare Cost Containment System and for fraud involving receipt of COVID-19 Economic Injury Disaster Loan Funds. The couple is alleged to have submitted $1.2 million in fraudulent bills to AHCCS over a 9-month period in 2019-2020. They Hensons are also alleged to have lied in their applications for COVID-19 pandemic-related loans and used the proceeds of the loan funds for personal expenses, such as the purchase of a residence in Mexico.

More details are available in the District’s prior press release: https://www.justice.gov/usao-az/pr/chandler-couple-arrested-ahcccs-fraud-and-pandemic-loan-fraud

Prior to the charges announced as part of today’s nationwide enforcement action and since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,600 defendants who have collectively billed the Medicare program for approximately $23 billion. In addition to the criminal actions announced today, CMS, working in conjunction with HHS-OIG, announced 28 administrative actions to decrease the presence of fraudulent providers.

A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

To view Assistant Attorney General Polite’s remarks, see: https://www.justice.gov/opa/video/assistant-attorney-general-kenneth-polite-jr-delivers-remarks-health-care-enforcement.

RELEASE NUMBER:    2021-061_Health Care Fraud NEA

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PHOENIX, Ariz. – The Department of Justice has selected an additional 12 federally recognized tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division and the states.  

“Timely access to federal criminal information can help protect domestic violence victims, place foster children in safe conditions, solve crimes, and apprehend fugitives on tribal land, among other important uses,” said Deputy Attorney General Lisa O. Monaco. “Increasing tribal access to criminal databases is a priority of the Justice Department and this Administration, and essential to many tribal government efforts to strengthen public safety in their communities.”

The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to FBI Criminal Justice Information Services (CJIS) systems. With these additional tribes, there are now 108 federally recognized Tribes participating in TAP.

TAP has been an important resource for the department’s Missing and Murdered Indigenous Persons Initiative and the Presidential Task Force on Missing and Murdered American Indians and Alaska Natives known as Operation Lady Justice. The Department of Justice began TAP in 2015 in response to concerns raised by tribal leaders about the need to have direct access to federal systems.

Using TAP, tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children. 

The following tribes have been newly selected for participation in TAP:

1. Confederated Tribes of the Warm Springs Reservation
2. Cow Creek Band of Umpqua
3. Fort Belknap Indian Community
4. Grand Traverse Band of Ottawa and Chippewa
5. Havasupai Tribe
6. Lower Brule Sioux Tribe
7. Menominee Tribe
8. Mille Lacs Band of Ojibwe
9. Muckleshoot Tribe
10. Passamaquoddy Tribe
11. Shingle Springs Band of Miwok
12. United Keetoowah Band of Cherokee

TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).

For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.

RELEASE NUMBER:    2021- 060_TAP

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

212 individuals were charged in August with illegal reentry

A.  180 of those 212 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 180 individuals with non-immigration criminal records:

1.  42 had violent crime convictions, including:

4 individuals had homicide convictions
6 individuals had sex offense convictions
12 individuals had domestic violence convictions

2.  13 had property crime convictions

3.  37 had DUI convictions

4.  98 had drug crime convictions

B.  125 of those 180 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         53 individuals were charged in August with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

          0 individuals were charged in August with illegal entry on the CCI calendar

Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.

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

RELEASE NUMBER:    2021-059_August Immigration and Border Crimes Report

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TUCSON, Ariz. – On September 1, Carlos Antonio Vasquez, 41, of Nogales, Arizona, was sentenced by U.S. District Judge James A. Soto to 30 months in prison. Vasquez previously pleaded guilty to conspiracy to commit money laundering. 

Between February 2017 and August 2019, Vasquez, while branch manager at a bank in Rio Rico, conspired to launder money for a group of individuals to conceal the illegal source of the funds. As part of this conspiracy, the money laundering organization brought Mexican citizens into the bank and Vasquez set up accounts for them for the purpose of sending illegal funds back to Mexico. Once the bank accounts were established, the money laundering organization openly handed cash to the Mexican citizens for deposit into the funnel accounts. The Mexican citizens then wired the funds into Mexican bank accounts under the direction of the money laundering organization.

Vasquez admitted that these funnel bank accounts enabled Vasquez and his branch to appear to have attracted new customers for the bank, improving the bank’s sales performance. Vasquez also admitted to knowing that the head of the money laundering organization was a former customer of the bank and that the funds moving through the accounts were proceeds of unlawful conduct. Vasquez personally authorized 42 wire transfers out of the funnel accounts to bank accounts in Mexico in the amount of $357,883. Over the course of the conspiracy, the money laundering organization allegedly moved over 10 million dollars in drug proceeds through the bank.

U.S. Homeland Security Investigations Nogales and U.S. Internal Revenue Service conducted the investigation in this case. Elizabeth S. Boison and Margaret Moeser, U.S. Department of Justice, Bank Integrity Unit, and Mary Sue Feldmeier, Wallace H. Kleindienst, and Robert A. Fellrath, United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:  CR-19-02741-TUC-JAS (JR)
RELEASE NUMBER:  2021- 058_Vasquez

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TUCSON, Ariz. – Casey Juan Jose, 42, of Tucson, Arizona, was sentenced today by Senior U.S. District Judge Raner C. Collins to 27 months in prison, followed by a lifetime term of supervised release. Jose previously pleaded guilty to Failure to Register as a Sex Offender. 

On August 23, 2018, Jose, an enrolled member of the Tohono O’odham Nation, was convicted of Abusive Sexual Contact with a Minor and ordered to register as a sex offender. In August, 2020, Jose acknowledged the registration requirement and registered his address in Tucson, Arizona. However, between December 25, 2020 and March 18, 2021, Jose did not update his sex offender registration, despite changing residences. On March 18, 2021, Jose was arrested by United States Marshals for violating his federal supervision. 

The United States Marshal Service conducted the investigation in this case. Assistant U.S. Attorney Raquel Arellano, District of Arizona, Tucson, handled the prosecution. 

CASE NUMBER:  CR-21-1410-TUC-RCC
RELEASE NUMBER:  2021-057_Jose

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PHOENIX, Ariz. –Antonio Daniel Bandin, 21, of Casa Blanca, Arizona, was sentenced yesterday by U.S. District Judge Michael T. Liburdi to 15 years in prison, to be followed by three years of supervised release. Bandin previously pleaded guilty to Voluntary Manslaughter. 

On March 16, 2020, Bandin shot the victim multiple times, resulting in the victim’s death. Bandin is an enrolled member of the Gila River Indian Community.

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-20-00553-PHX-MTL
RELEASE NUMBER:    2021- 056_Bandin

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TUCSON, Ariz. –Luis Manuel Bray-Vazquez, 35, a Mexican citizen, was sentenced yesterday by U.S. District Judge Jennifer G. Zipps to 46 months in prison for attempting to smuggle firearms from the United States into Mexico. Bray-Vasquez previously pleaded guilty.

On November 4, 2020, Bray-Vazquez, a driver for the United States Consulate in Nogales, Sonora, Mexico, attempted to enter Mexico through the Nogales Port of Entry while driving a U.S. Consular vehicle. Customs and Border Protection officers tried to conduct an outbound border search of the vehicle, but Bray-Vazquez fled from the officers at a high rate of speed. Officers reacted quickly and were able to close the exit gate to prevent Bray-Vazquez from entering Mexico. They searched the Consular vehicle that Bray-Vazquez was driving and found a total of ten rifles and five pistols, including a Barrett .50 caliber rifle and several AK-47 and AR variant rifles and pistols. Bray-Vazquez admitted he was being paid to smuggle the firearms into Mexico and that he had successfully done so on previous occasions.

“The trafficking of weapons from the United States into Mexico – especially of the type and quantity smuggled by Bray-Vazquez – has devastating repercussions in both countries,” said Acting United States Attorney Glenn B. McCormick. “Bray-Vazquez’s prosecution and the length of sentence imposed should serve as a warning that weapons smugglers, including anyone attempting to hide behind the veil of an official position, will pay a heavy price for their crimes.”

“This sentence demonstrates that there are serious consequences for those who lack respect for our nation’s laws or our borders,” said Scott Brown, special agent in charge for HSI Phoenix. “HSI remains committed to combating the illegal smuggling of firearms that fuel violence both domestically and abroad. We will continue to collaborate with our law enforcement partners to get dangerous criminals off the streets and locked up behind bars.”

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

CASE NUMBER:            21-0655-TUC-JGZ
RELEASE NUMBER:    2021-055_Bray-Vazquez

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PHOENIX, Ariz. – Lawrence Lorenzo Blackshire, 39, of Scottsdale, Arizona, was sentenced earlier this month by U.S. District Judge Susan Brnovich to eight years in prison, followed by three years of supervised release. A jury previously convicted Blackshire of Assault Resulting in Serious Bodily Injury, Assault Resulting in Substantial Bodily Injury of an Intimate Partner, Simple Assault, and Unlawful Imprisonment.

On September 11, 2018, on the Salt River Pima-Maricopa Indian Community, Blackshire assaulted the victim. The assault resulted in the victim having a broken nose and various contusions on her head and body. Blackshire prevented the victim from leaving the residence for approximately twelve hours. Blackshire is an enrolled member of the Pascua Yaqui Tribe.

The Federal Bureau of Investigation and the Salt River Pima-Maricopa Police Department conducted the investigation in this case. Sharon Sexton, Assistant U.S. Attorney and Kevin Pooley, Special Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-1033-PHX-SMB
RELEASE NUMBER:    2021- 053_Blackshire

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PHOENIX, Ariz. – Dale Henson, 53, and his wife Zoila Henson, 53, both of Chandler, Arizona, were arrested on Wednesday for fraudulently billing the Arizona Healthcare Cost Containment System and for fraud involving receipt of COVID-19 Economic Injury Disaster Loan funds. The couple was charged earlier this month by the federal grand jury in a 58-count indictment.  

The indictment alleges that the couple used their medical billing company to bill AHCCCS for services not actually rendered. AHCCCS is primarily federally funded, and it provides healthcare programs for Arizona’s low-income residents. The couple is alleged to have submitted $1.2 million in fraudulent bills to AHCCCS over a 9-month period in 2019-2020, and then to have used some of the proceeds to purchase a $1.3 residence in Gilbert, Arizona. The indictment also alleges the couple lied in their applications for COVID-19 pandemic-related loans and used the proceeds of the loan funds for personal expenses, such as the purchase of a residence in Mexico, where Zoila Henson is a citizen.

The charges include healthcare fraud, wire fraud, money laundering, and aggravated identity theft. A conviction for healthcare fraud or wire fraud carries a sentence of up to 20 years, a conviction for money laundering carries a sentence of up to 10 years, and a conviction for aggravated identity theft carries a mandatory, consecutive 24-month prison sentence – in addition to hefty maximum fines for each offense. 

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 guilty beyond a reasonable doubt.

The Phoenix Division of the Federal Bureau of Investigation conducted the investigation in this case. Monica Klapper, Assistant U.S. Attorney, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:            CR 21-000601-PHX-DJH
RELEASE NUMBER:    2021-054_Hensons

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PHOENIX, Ariz. – Kyle Andrew Jose, 27, of Bapchule, Arizona, was sentenced yesterday by U.S. District Judge John J. Tuchi to nearly 8 years in prison, followed by three years of supervised release. Jose previously pleaded guilty to Accessory After the Fact to Second Degree Murder. 

On March 1, 2020, Jose, an enrolled member of the Gila River Indian Community, was driving his car with his co-defendant, Brent Edwin Justin, as the front seat passenger. As Jose drove by the victim, Justin shot and killed the victim. Jose later disposed of the rifle that was used in the shooting. He also assisted Justin in trying to evade apprehension for the crime. 

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

CASE NUMBER:            CR-20-00557-PHX-JJT
RELEASE NUMBER:    2021- 052_Jose

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TUCSON, Ariz. –Robert Francis Krebs, 84, of Tucson, Arizona, was sentenced yesterday by U.S. District Judge Jennifer G. Zipps to 262 months in federal prison, followed by five years of supervised release. Krebs was previously convicted by a jury for armed bank robbery. Krebs was also ordered to pay restitution in the amount of $8,385.

On January 12, 2018, Krebs used a BB gun to rob two bank tellers of over $8,000 at a Pyramid Federal Credit Union in Tucson, Arizona. Krebs was arrested the following day at a motel where he had been residing. Krebs has an extensive prior criminal history and was on a term of probation in Florida when he committed this robbery.

The Federal Bureau of Investigation and the Tucson Police Department conducted the investigation in this case. Raquel Arellano and Christine A. Melton, Assistant U.S. Attorneys, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-00263-TUC-JGZ
RELEASE NUMBER:    2021-051_Krebs

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

144 individuals were charged in July with illegal reentry

A.  127 of those 144 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

     Of the 127 individuals with non-immigration criminal records:

1.  34 had violent crime convictions, including:

1 individual had a homicide conviction
11 individuals had sex offense convictions
7 individuals had domestic violence convictions

2.  5 had property crime convictions

3.  18 had DUI convictions

4.  59 had drug crime convictions

B.  78 of those 144 individuals had been deported three or more times

*For example, Francisco Guadalupe Fimbres-Galvez, a 39-year-old Mexican national who was previously indicted for illegal reentry after deportation, was sentenced on August 10, 2021 by United States District Court Judge John C. Hinderaker to serve 2 years in prison. Fimbres-Galvez previously served 14 years in state prison for kidnapping, armed robbery, attempted sexual abuse, sexual abuse, criminal trespassing, and assault. Case No. CR-21-00720-TUC-JCH (EHM).

II.  Alien Smuggling (8 U.S.C. 1324)

         63 individuals were charged in July with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

          0 individuals were charged in July with illegal entry on the CCI calendar

Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.

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

RELEASE NUMBER:    2021-050_July Immigration and Border Crimes Report
 

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PHOENIX, Ariz. – On August 3, a federal grand jury in Phoenix returned a 65-count indictment against Chris Oliver, 23, of Gilbert, Arizona, Michael Kelly, 23, of Tempe, Arizona, and Dion Delpino, 23, of Gilbert, Arizona, for conspiracy to make false statements in acquisition of firearms and 63 instances of making a false statement during the purchase of firearms. In addition, the indictment charges Oliver with dealing firearms without a license.

The indictment alleges that Oliver, Kelly, and Delpino conspired to purchase firearms from licensed dealers by means of false statements and representations. It also alleges that, on 63 occasions between September 2019 and November 2020, Oliver, Kelly, and Delpino used false statements to successfully purchase 102 firearms from 14 licensed dealers throughout the Phoenix metropolitan area. Oliver then sold these firearms to persons known and unknown in Arizona and elsewhere.

“Evidence shows that illegally-trafficked firearms go hand-in-hand with violent criminal acts,” said Acting U.S. Attorney Glenn McCormick. “The District of Arizona remains steadfast in its commitment to work with  law enforcement partners to identify and prosecute those who fuel dangerous offenses by violating federal firearms laws.”

On July 22, the Department of Justice launched five cross-jurisdictional strike forces to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country. Leveraging existing resources, the regional strike forces are working to stem the supply of illegally trafficked firearms from source cities, like Phoenix, into five key market regions: New York, Chicago, Los Angeles, the San Francisco Bay Area/Sacramento Region and Washington, D.C.

“The District of Arizona’s indictment is an important example of the partnership across jurisdictions to identify and prosecute the sources of illegally trafficked firearms,” said Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California.  “As part of the new firearms trafficking strike force for the San Francisco Bay Area/Sacramento Region, the Eastern District of California commends the District of Arizona for its important work in holding traffickers accountable.”

“I wish to commend the efforts of our agents and the United States Attorney’s Office as these indictments exhibit our collective efforts in combating firearms trafficking. Together, with our law enforcement partners, we will continue to focus on these criminals that promote gun violence in our community,” said ATF Special Agent in Charge, Gabriel Pinon.

Convictions for conspiracy, false statement during the purchase of a firearm, and dealing firearms without a license, are each punishable by a maximum fine of $250,000, a maximum term of imprisonment of five years, or both, and a term of supervised release of three years.

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, with assistance from the Phoenix, Mesa, Gilbert, and Scottsdale Police Departments, as well as Homeland Security Investigations and Phoenix Police Department – Commercial Narcotics Interdiction Unit, is conducting the investigation in this case. Coleen Schoch, Assistant U.S. Attorney, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:            CR 21-00600-DLR (DMF)
RELEASE NUMBER:    2021-049_Oliver

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TUCSON, Ariz. – Oscar Alberto Martinez, 27, of Tucson, Arizona was sentenced yesterday by U.S. District Judge John C. Hinderaker to five years in prison, followed by three years of supervised release. Martinez previously pleaded guilty to conspiracy to distribute methamphetamine, heroin, and fentanyl. 

Martinez operated as a drug courier for a Tucson-based drug trafficking organization that trafficked methamphetamine, heroin, and fentanyl. Martinez made daily deliveries of drugs to buyers in Tucson for approximately three months. On February 20, 2020, Martinez was arrested while attempting to deliver three pounds of methamphetamine and ten ounces of heroin. Martinez fled from law enforcement, leading them on a high-speed vehicle chase through Tucson before abandoning his vehicle and continuing his flight on foot. Officers finally apprehended Martinez as he was trying to run into a home.

The Drug Enforcement Administration conducted the investigation in this case, with assistance from the Pima County Sheriff’s Office, the Tucson Police Department, and the Oro Valley Police Department. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR 20-1864-03-TUC-JCH (LCK)
RELEASE NUMBER:    2021-027_Martinez

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PHOENIX, Ariz. – On Wednesday, Rowan James Kickinghorse Rhodes, 29, of Camp Verde, Arizona, was sentenced by U.S. District Judge Douglas L. Rayes to 18 months in prison, followed by three years of supervised release. Rhodes previously pleaded guilty to Failure to Register as a Sex Offender. 

On October 16, 2017, Rhodes was convicted of Abusive Sexual Contact with a Minor and ordered to register as a sex offender. In July 2019, Rhodes acknowledged the requirement to register and registered his address in Tucson, Arizona. Four months later, Rhodes absconded from his residence and did not update his registration. Rhodes was arrested by a Yavapai-Apache Nation police officer in Camp Verde, Arizona on December 10, 2019.

Rhodes is an enrolled member of the Yavapai-Apache Nation.

The United States Marshal and the Yavapai-Apache Nation Police Department conducted the investigation in this case.  Christina Covault, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution. 

CASE NUMBER:            CR-20-8108-PCT-DLR
RELEASE NUMBER:    2021-048_Rhodes

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TUCSON, Ariz. – On Tuesday, Michelle Sunshine Betters, 44, from Tucson, Arizona, appeared telephonically in federal court on charges relating to the transportation of illegal aliens while placing a person’s life in jeopardy, causing bodily injury, and resulting in death. Betters was previously indicted on three counts by a federal grand jury. The district court ordered Betters detained pending trial, which is scheduled for September 8.

“These events highlight the incredibly dangerous nature of human smuggling attempts,” said Acting United States Attorney Glenn B. McCormick. “Illegally transporting non-citizens is hazardous for all involved – the transporter, the non-citizens, and the general public. The possibility of a tragedy is always present, and it sadly became a reality this time.”

On June 3, 2021 the Tohono O’odham Police Department responded to a two-vehicle crash on State Route 86. The investigation revealed that Betters was driving a car that sideswiped a truck, then left the roadway and struck a tree. There were two other passengers in the car, both of whom were determined to be undocumented non-citizens. One of the non-citizens was declared deceased at the scene, and the other was transported to the hospital to be treated for various injuries.

“Unfortunately, this is yet another example of the dangers of human smuggling resulting in a tragic death,” said special agent in charge, Scott Brown for HSI Phoenix. “HSI is committed to investigating these human smuggling organizations that prey on the vulnerable and have no regard for the sanctity of life. We will stop at nothing to bringing those involved to face justice.”

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 guilty beyond a reasonable doubt.

The Tohono O’odham Police Department and Homeland Security Investigations are conducting the investigation in this case. The Tucson Office of the United States Attorney’s Office, District of Arizona, is handling the prosecution.

CASE NUMBER:            CR 21-01526-SHR (BGM)
RELEASE NUMBER:    2021- 046_Betters

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I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

241 individuals were charged in June with illegal reentry

A.  178 of those 241 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 178 individuals with non-immigration criminal records:

1.  40 had violent crime convictions, including:

6 individuals had homicide convictions
8 individuals had sex offense convictions
6 individuals had domestic violence convictions

2.  10 had property crime convictions

3.  36 had DUI convictions

4.  90 had drug crime convictions

B. 108 of those 241 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         74 individuals were charged in June with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

          0 individuals were charged in June with illegal entry on the CCI calendar

Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.

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

*The Department of Homeland Security instituted a policy in March 2020 of expeditiously returning aliens who illegally enter the United States rather than detaining them. The decreased number of individuals presented to this Office for prosecution coincides with the implementation of that policy and other COVID-19 related border restrictions.

RELEASE NUMBER:    2021-045_June Immigration and Border Crimes Report

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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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