District of Arizona

PHOENIX, Ariz. – On Wednesday, Robert Jim, 59, of Round Rock, Arizona, was sentenced by U.S. District Judge David G. Campbell to life in prison, plus ten years. Jim, a registered sex offender, was previously found guilty by a jury of aggravated sexual abuse of two children.

The sexual abuse took place on the Navajo Nation Indian Reservation, where Jim and the victims are tribal members.    

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

CASE NUMBER:            CR-18-8225-PCT-DGC
RELEASE NUMBER:    2021-044_Jim

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. – The U.S. Department of Justice today 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 will better ensure sustained and focused coordination across jurisdictions and help stem the supply of illegally trafficked firearms from source cities, through other communities, and into five key market regions: New York, Chicago, Los Angeles, the San Francisco Bay Area/Sacramento Region and Washington, D.C.

Each strike force region will be led by designated United States Attorneys, who will collaborate with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and with state and local law enforcement partners within their own jurisdiction (where firearms are used in crimes) as well as law enforcement partners in areas where illegally trafficked guns originate. These officials will use the latest data, evidence, and intelligence from crime scenes to identify patterns, leads, and potential suspects in violent gun crimes.

“All too often, guns found at crime scenes come from hundreds or even thousands of miles away. We are redoubling our efforts as ATF works with law enforcement to track the movement of illegal firearms used in violent crimes. These strike forces enable sustained coordination across multiple jurisdictions to help disrupt the worst gun trafficking corridors,” said Attorney General Merrick B. Garland. “The Department of Justice will use all of its tools – enforcement, prevention, intervention, and investment – to help ensure the safety of our communities – the department’s highest priority.”

According to gun trace data, a significant number of firearms recovered in California originate from outside the state, and many originate from the District of Arizona, among other locations. The new strike forces will help ensure sustained and focused coordination between law enforcement and prosecutors in California with their counterparts in those other locations, including Arizona.

“Combatting violent crime is a national priority that requires a coordinated effort,” said Acting U.S. Attorney Glenn B. McCormick. “Because many crime-involved firearms recovered in California can be traced to purchases in Arizona, our office will work closely with the strike forces launched in the Los Angeles, San Francisco Bay, and Sacramento regions to address the flow of firearms trafficked from our state for illegal purposes.” 

The strike forces represent one important, concrete step in implementing the Department’s Comprehensive Violent Crime Reduction Strategy, which was announced on May 26, 2021. The comprehensive strategy supports local communities in preventing, investigating, and prosecuting gun violence and other violent crime—and requires U.S. Attorneys’ offices to work with federal, state, local and tribal law enforcement, as well as the communities they serve, to address the most significant drivers of violence in their districts. In guidance to federal agents and prosecutors as part of that comprehensive strategy, the Deputy Attorney General made clear that firearms traffickers providing weapons to violent offenders are an enforcement priority across the country. 

RELEASE NUMBER:    2021-043_Strike Force

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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PHOENIX, Ariz. – Kelly Pichardo, 31, of Bronx, New York, appeared virtually today in federal court on charges that she interfered with a flight crew member and committed simple assault. Leeza S. Rodriguez, 30, also of Bronx, New York is scheduled to appear next week on the same charges. Pichardo and Rodriguez were previously indicted by a grand jury on three counts related to events that took place in February 2021.

The indictment alleges that on February 24, Pichardo and Rodriguez, while on board an American Airlines flight from Dallas to Los Angeles, interfered with the ability of the flight crew to perform their duties by assaulting a crew member. The indictment also alleges that Pichardo and Rodriguez each assaulted a passenger during the flight. Pichardo’s and Rodriguez’s actions compelled the flight crew to conduct an unscheduled landing in Phoenix, Arizona.

It is a violation of federal law on an aircraft in the special aircraft jurisdiction of the United States to interfere with flight crew members in the performance of their duties or to lessen their ability to perform those duties by assault or intimidation. 

A conviction for Interfering with a Flight Crew Member carries a maximum penalty of 20 years of confinement and a $250,000.00 fine. A conviction for Simple Assault carries a maximum penalty of 6 months of confinement and a $5,000.00 fine.

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

The FBI investigated this case with assistance from the Phoenix Police Department. Assistant U.S. Attorney Kevin Hakala is prosecuting the case.

CASE NUMBER:           21-CR-00494-DWL
RELEASE NUMBER:    2021-042_Pichardo

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PHOENIX, Ariz. – Brent Edwin Justin, 32, of Maricopa, Arizona, was sentenced yesterday by U.S. District Judge John J. Tuchi to nearly 17 years in prison, followed by five years of supervised release. Justin previously pleaded guilty to Second Degree Murder.

On March 1, 2020, Justin shot the victim multiple times on the Gila River Indian Community, resulting in the victim’s death. Justin is  an enrolled member of the Gila River Indian Community.

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

CASE NUMBER:            CR-20-00557-PHX-JJT
RELEASE NUMBER:    2021- 041_Justin

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TUCSON, Ariz. – Jovany Alonso Robledo-Delgado, 35, of Nogales, Sonora, Mexico, was sentenced today by U.S. District Judge Scott H. Rash to 41 months in prison, followed by 5 years of supervised release. Robledo-Delgado previously pleaded guilty to Conspiracy to Import Methamphetamine, Cocaine, Fentanyl, and Heroin.

On December 17, 2019, federal agents executed a search warrant at the house Robledo-Delgado was renting in Nogales, Arizona.  In the house, agents discovered a subterranean tunnel down to the International Outfall Interceptor (IOI).  The IOI is a wastewater pipeline that begins at the Mexican border and flows north to a plant that treats wastewater from Nogales, Sonora, and cities in Arizona pursuant to an agreement between the United States and Mexico. Inside Robledo-Delgado’s residence, agents also found large amounts of methamphetamine, cocaine, fentanyl, and heroin. Robledo-Delgado was discovered hiding under a bed in the house.

Robledo-Delgado told agents that he constructed the tunnel so he could breach the IOI and retrieve packages of drugs that floated through the IOI from Mexico into the United States. He was being paid $3000 for each smuggling attempt. 

Homeland Security Investigations - Nogales conducted the investigation in this case. Assistant U.S. Attorney Craig Russell, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-20-0253-TUC-SHR
RELEASE NUMBER:    2021-040_Robledo

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ALBANY, NEW YORK – Jonathan M. Cuney, age 38, and a part-time resident of East Greenbush, New York, pled guilty today to unlawfully possessing firearms including “ghost guns,” and ammunition, and admitted to maintaining large collections of firearms and ammunition in East Greenbush and Humboldt County, California.

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

Cuney 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.

Acting United States Attorney Antoinette T. Bacon stated: “Today’s guilty plea is the result of a cross-country investigation that took a dangerous person off the streets.  Jonathan Cuney has a prior conviction for selling untraceable firearms.  After his release from prison, he built ghost guns and acquired other firearms, and maintained large caches of firearms and ammunition in New York and California.  I commend the ATF for investigating Cuney as he travelled across the United States, and for quickly arresting him and removing this threat to our communities.”

ATF Special Agent in Charge John B. DeVito stated: “Jonathan Cuney’s criminal record makes it abundantly clear that he is a danger to the community.  This case is the product of a concerted, collaborative effort across multiple ATF jurisdictions to identify and stop the sale of illegal firearms. We will always be committed to removing armed criminals from our communities who threaten the safety of our citizens.”

In pleading guilty today, 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, 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 trace.

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,
• An assorted quantity of firearm parts and accessories, of which five (5) are classified as machineguns under federal law, and
• 3,250 rounds of assorted rifle and pistol ammunition.

 

Cuney also rented a storage unit in Redway, 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. 

 

Today, Cuney also pled guilty 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 pled guilty 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 pled guilty to these additional federal charges, in Albany federal court, with the consent of the Acting United States Attorneys for the District of Arizona and the Western District of Missouri, respectively.

Cuney has been in custody since November 12, 2019.  He faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when Senior United States District Judge Frederick J. Scullin sentences him on October 19, 2021.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

As part of his plea agreement, Cuney also 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.

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

281 individuals were charged in May with illegal reentry

A.  230 of those 281 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 230 individuals with non-immigration criminal records:

1.  56 had violent crime convictions, including:

3 individuals had homicide convictions
7 individuals had sex offense convictions
14 individuals had domestic violence convictions

2.  19 had property crime convictions

3.  45 had DUI convictions

4.  123 had drug crime convictions

B.  149 of those 281 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         41 individuals were charged in May with alien smuggling

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

          0 individuals were charged in May 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:    2021-039_May 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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TUCSON, Ariz. – On Wednesday, Marvin Lee Enos, of Tucson was sentenced by U.S. District Judge James A. Soto to 102 months in prison, followed by three years of supervised release. Enos previously pleaded guilty to assault with intent to commit kidnapping.

On April 2, 2018, Marvin Lee Enos assaulted the victim by punching the victim in the head and stomach areas. Enos did this while physically moving the victim from one area of his house into another and while preventing the victim from leaving the house. Enos is an enrolled member of the Tohono O’odham Nation.

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

CASE NUMBER:            CR-19-2041-TUC-JAS
RELEASE NUMBER:    2021-038_Enos

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PHOENIX, Ariz. – On Tuesday, Kevin Thomas Kerr, 51, of Waukegan, Illinois, was sentenced by U.S. District Judge Douglas L. Rayes to five years of probation. Kerr has also been incarcerated for more than six months and is required to serve an additional six months of home confinement subject to electronic monitoring. Kerr previously pleaded guilty to Making Threats in Interstate Commerce.

On March 6, 2020, as part of an ongoing series of harassing communications, which included anti-Semitic slurs, Kerr called the victim in Arizona and left a voicemail threatening to injure and kill him. Federal investigators arrested Kerr in Illinois, and he was transported to Arizona to face charges.

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 20-00513-DLR
RELEASE NUMBER:    2021-037_Kerr

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PHOENIX, Ariz. – On Tuesday, Marcus Leon Tuchawena, 24, of Parker, Arizona, was sentenced by U.S. District Judge Dominic W. Lanza to 84 months in prison for abusive sexual contact with a minor. Tuchawena was also sentenced to lifetime supervised release and is required to register as a sex offender. Tuchawena previously pleaded guilty to this charge.  

On October 21, 2019, Tuchawena engaged in abusive sexual contact with the minor victim at a home in Parker, Arizona, on the Colorado River Indian Tribes Indian Reservation. Tuchawena and the victim are both enrolled members of the Colorado River Indian Tribes.

The Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department conducted the investigation in this case. Assistant U.S. Attorney Christina J. Reid-Moore, District of Arizona, Phoenix handled the prosecution.

CASE NUMBER:            CR-20-00145-PHX-DWL
RELEASE NUMBER:    2021-036_Tuchawena

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TUCSON, Ariz. – Jeremy McCown, 39, of Wesley Chapel, Florida, was sentenced yesterday by U.S. District Judge Raner C. Collins to 35 years in prison. McCown previously pleaded guilty to fourteen counts of Production of Child Pornography. 

McCown was arrested on January 31, 2019, after an investigation identified his repeated use of false personas to place online ads seeking models in exchange for money. McCown would then demand sexually explicit images from the women and minor children who responded to his ads. McCown convinced  one woman to send sexually explicit images of her 1-year-old daughter and manipulated two other minors into sending sexually explicit images to him. He was charged with twelve counts of production of child pornography in Arizona. McCown entered into a plea agreement on January 13, 2020, which also included pleading guilty to conduct involving minor victims in Minnesota and South Carolina.

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

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 the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A Tucson Police Department Crimes Against Children Detective conducted the investigation in this case in collaboration with the Federal Bureau of Investigation (FBI), Tucson. Agents from Homeland Security Investigations (HSI) and FBI participated in the investigation in Florida. Carin C. Duryee, Carmen C. Corbin, and Adam Rossi, Assistant U.S. Attorneys, District of Arizona, Tucson, handled the prosecution, with assistance from AUSA Francis Murray in the Middle District of Florida.

CASE NUMBER:            CR 19-00183-TUC-RCC
RELEASE NUMBER:    2021- 035_McCown

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

214 individuals were charged in April with illegal reentry

A.  190 of those 214 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 190 individuals with non-immigration criminal records:

1.  46 had violent crime convictions, including:

2 individuals had homicide convictions
13 individuals had sex offense convictions
18 individuals had domestic violence convictions

2.  11 had property crime convictions

3.  41 had DUI convictions

4.  103 had drug crime convictions

B.  106 of those 214 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         52 individuals were charged in April with alien smuggling

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

          0 individuals were charged in April 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:    2021-034_April Immigration and Border Crimes Report

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TUCSON, Ariz. – Last week, Jorge Armando Lopez-Espinoza, 42, a Mexican citizen, was sentenced by U.S. District Judge Rosemary Marquez to 46 months in prison for attempting to smuggle ammunition from the United States into Mexico. 

In May of 2020, Lopez-Espinoza conspired with others to smuggle 8,000 rounds of ammunition in his tractor trailer from Nogales, Arizona to Mexico. Law enforcement agents were able to intercept the shipments of ammunition before Lopez-Espinoza acquired them. On May 14, 2020, Lopez-Espinoza picked up the boxes he believed contained the 8,000 rounds of ammunition, hid them in his tractor trailer, and attempted to enter Mexico through the Nogales Port of Entry. Lopez-Espinoza later admitted he believed he was smuggling ammunition in the boxes, expected to be paid for doing so, and had previously smuggled ammunition into Mexico in exchange for payment.

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

CASE NUMBER:           20-2715-001-TUC-RM
RELEASE NUMBER:    2021- 033_Lopez-Espinoza

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PHOENIX, Ariz. – In honor of National Police Week, Acting U.S. Attorney Glenn McCormick recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“Every year National Police Week challenges our emotions as we consider the sobering and inspiring sacrifices that are made on our behalf,” said Acting U.S. Attorney McCormick. “Our office is forever grateful to our partners in law enforcement for their steadfast commitment to service.”

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

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored, including two officers from the District of Arizona who died in the line of duty.  

According to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website. 

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.   

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.

RELEASE NUMBER: 2021-032_Police Week

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An Illinois man pleaded guilty today to the theft of more than $115,000 in campaign funds from the McSally for Senate Campaign in 2018 and 2019.

According to court documents, Anthony Barry, 33, of Yorkville, served as a deputy campaign manager and consultant for former U.S. Senator Martha McSally. Barry used his position in the campaign to fraudulently direct the campaign to make payments to him beyond what he was owed for his salary and had the fraudulently obtained funds deposited into his personal bank account.

Barry pleaded guilty to an information charging him with one count of unlawful conversion of campaign funds. He is scheduled to be sentenced on July 6, and faces a maximum term of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Glenn B. McCormick for the District of Arizona; and Assistant Director in Charge Steven M. D’Antuono of FBI’s Washington Field Office made the announcement.

The FBI’s Washington Field Office is investigating the case.

Trial Attorneys Rosaleen O’Gara and Nicole Lockhart of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney William Voit of the District of Arizona are prosecuting the case.

PHOENIX, Ariz. – Acting United States Attorney Glenn McCormick announced today that Neurosurgical Associates, LTD and Dignity Health, d/b/a St. Joseph’s Hospital, agreed to pay $10 million to resolve civil allegations that they violated the federal False Claims Act (FCA).

Dignity Health is one of the largest healthcare systems in the United States and does business under the names of hospitals that it owns and operates, including St. Joseph’s Hospital in Phoenix, Arizona. Neurosurgical Associates, LTD is an Arizona corporation, located on the campus of St. Joseph’s Hospital. 

The December 2020 settlement resolves allegations that St. Joseph’s Hospital and Neurosurgical Associates, LTD billed Medicare for certain doubly and triply concurrent and overlapping surgeries, in violation of applicable regulations and reimbursement policies.

“We expect health care providers participating in Medicare to bill for their services accurately and honestly,” said Acting U.S. Attorney Glenn McCormick. “Proper billing ensures fair compensation and protects Medicare dollars that are much needed for patient care.”

“With every Medicare dollar desperately needed, we simply will not tolerate the submission of false claims to this vital health care program,” said Timothy B. DeFrancesca, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Working closely with investigative and prosecuting agencies around the country, we will continue to fight for these programs and the people they serve.”

The settlement resolves a lawsuit filed in June 2018 by Dr. Bruce P. Kingsley under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens to bring civil actions on behalf of the United States and share in any recovery obtained.

Contemporaneous with a settlement of the FCA claims in this matter, Neurosurgical Associates, LTD entered into a corporate integrity agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG). The five-year CIA addresses the conduct at issue and requires, among other things, that Neurological Associates, LTD maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to annually review Neurosurgical Associates’ Medicare and Medicaid claims.

The settlement is neither an admission of liability by Neurosurgical Associates, LTD, or St. Joseph’s Hospital, nor is it a concession by the United States that its claims are not well founded.

The case was handled by the United States Attorney’s Office for the District of Arizona. The investigation was conducted by the United States Department of Health and Human Services, Office of Inspector General.

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

CASE NUMBER:           CV-17-00692-PHX-JZB
RELEASE NUMBER:    2021-031_Dignity Health Settlement

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TUCSON, Ariz. – Shanelle Bailey, 23, a Jamaican-born women living in Provo, Utah, was sentenced yesterday by U.S. District Judge Rosemary Marquez to 24 months in prison. Bailey previously pleaded guilty to Conspiracy to Commit Money Laundering. 

Bailey participated in a scheme where Jamaican-based scammers called elderly victims in the United States, claiming the victims had won a lottery. To receive their winnings, the victims were told they must first pay money for taxes and fees. Bailey’s role in this scheme was to launder the fraudulent proceeds for fellow co-conspirators in Jamaica. The loss suffered by the victims exceeded $600,000.

As part of her sentence, Bailey will also be required to pay restitution in the amount of $80,850 to the victims in the case.

The U.S. Attorney’s Office encourages the public to be wary of similar scams and to verify with law enforcement and family members before sending money after a phone solicitation.

The Internal Revenue Service – Criminal Investigation, the Federal Trade Commission, the United States Postal Inspection Service, the Federal Bureau of Investigation, Homeland Security Investigations, 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-19-01275-TUC-RM(LAB)
RELEASE NUMBER:  2021-030_Bailey

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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TUCSON, Ariz. – Omar Stephenson, 32, a Jamaican-born man living in Snellville, Georgia, was sentenced yesterday by United States District Judge James A. Soto to 57 months in prison. Stephenson is one of four co-defendants who have been charged in connection with a lottery fraud scheme. Stephenson previously pleaded guilty to Conspiracy to Commit Money Laundering. 

Starting in 2015 through mid-2019, Stephenson participated in a scheme where Jamaican-based scammers called elderly victims in the United States, claiming the victims had won a lottery. To receive their winnings, the victims were told they must first pay money for taxes and fees. Stephenson’s role in this scheme was to launder the fraudulent proceeds for fellow co-conspirators in Jamaica. The loss suffered by the victims exceeded $900,000.

As part of his sentence, Stephenson will also be required to pay restitution. A separate hearing is scheduled for June 2 to determine the amount of that restitution.

The U.S. Attorney’s Office encourages the public to be wary of similar scams and to verify with law enforcement and family members before sending money after a phone solicitation.   

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

CASE NUMBER:  CR-19-00917-JAS-1      
RELEASE NUMBER:  2021-029_Stephenson

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TUCSON, Ariz. – Donald Hugh Nichols, 62, of Coolidge, Arizona, was sentenced today by U.S. District Judge Cindy K. Jorgenson to 41 months in prison. Nichols previously pleaded guilty to wire fraud.

Between 2013 and August 2017, Nichols, with the help of his son, engaged in a scheme to steal cattle from the Marana Stockyards and Livestock Market, an entity which hosts weekly livestock auctions for Arizona ranchers. As a cattle broker for third-party buyers, Nichols also illegally bid on his own cattle without the buyers’ knowledge or consent. Some of the cattle that Nichols purchased on behalf of third-party buyers were stolen from Marana Stockyards. As a result of these fraud schemes, Marana Stockyards suffered over $1 million in losses.

Nichols’ son, Seth Nichols, previously pleaded guilty for his role, and was sentenced in December 2018 to 60 months in prison.

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

CASE NUMBER: CR18-01684-CKJ-BGM 
RELEASE NUMBER:    2021-028_Nichols

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PHOENIX, Ariz. – Today, Irv Anglin, 29, of Tempe, Arizona, was sentenced by U.S. District Judge John J. Tuchi to 8 months in prison, followed by 10 years of supervised release. Anglin previously pleaded guilty to Abusive Sexual Contact of a Ward. Anglin will also be required to register as a sex offender.

Anglin worked as a Correctional Officer at the Federal Bureau of Prisons in Phoenix, Arizona. Between January 1, 2019, and November 30, 2019, Anglin engaged in sexual contact with an inmate he supervised at the facility. 

“Sexual abuse of inmates is never tolerated. Today’s sentencing shows that those who abuse inmates will be held accountable,” said Douglas B. Bruce, Special Agent in Charge of the Department of Justice, Office of the Inspector General, Denver Field Office.

“This officer abused his position of authority by harming an inmate and betrayed the trust of the federal government. Instead of providing safe imprisonment, Anglin violated his oath and the rights of this individual,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “The FBI is committed to strengthening trust in law enforcement by holding those who abuse their privileges and abandon their responsibilities accountable.”

The U.S. Department of Justice, Office of the Inspector General (Denver office) and the Federal Bureau of Investigation conducted the investigation in this case. Gayle Helart, William G. Voit, and Christine D. Keller, Assistant U.S. Attorneys, District of Arizona, Phoenix, handled the prosecution. 

CASE NUMBER:            2020-CR-00625-JJT
RELEASE NUMBER:    2021- 027_Anglin

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TUCSON, Ariz. – On April 9, Frances Jones, 52, of Chandler, Arizona, was sentenced to 36 months in prison by U.S. District Court Judge John C. Hinderaker. Jones previously pleaded guilty to health care fraud. 

Jones, a licensed Medicare provider of durable medical equipment and the owner and operator of Oxicheck Northwest, admitted that she fraudulently billed Medicare between 2011 and March 2018 for durable medical equipment that was not provided to patients. Jones also used Medicare patient and medical provider identification without their knowledge or consent.

The Court ordered Jones to pay $862,762.32 in restitution for losses incurred by the Medicare Program as a result of her fraudulent scheme. 

“This sentencing demonstrates the seriousness of Ms. Jones’ actions. Stealing Medicare funds and patients’ medical identities is not a victimless crime,” said Timothy B. DeFrancesca, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “With the aid of our law enforcement partners, we will continue protecting federal health care programs.”

The U.S. Attorney’s Office reminds Medicare recipients to monitor their Medicare billing statements to ensure that the services documented were provided. To report any suspected Medicare Fraud, call 1-800-MEDICARE (1-800-633-4227).  

The Department of Health and Human Services-Office of the Inspector General and the Federal Bureau of Investigation conducted the investigation in this case. The prosecution was handled by Assistant U.S. Attorney Lori Price for the U.S. Attorney’s Office, District of Arizona, Tucson.

CASE NUMBER: CR18-00821-JCH-DTF            
RELEASE NUMBER:    2021-026_Jones

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TUCSON, Ariz. – Last week, Ruben Arnulfo Chavarin, 31, of Tucson, Arizona, was sentenced by U.S. District Judge John C. Hinderaker to 78 months in prison and fined $10,307.20. Chavarin previously pleaded guilty to smuggling firearms and ammunition from the United States into Mexico. 

On fourteen occasions between December 2010 and February 2011, Chavarin purchased eight firearms and over 21,000 rounds of ammunition in Tucson. He provided the firearms and 12,525 rounds of ammunition to co-conspirators to be smuggled out of the United States and into Mexico. On February 11, 2011, Chavarin attempted to personally smuggle 8,700 rounds of ammunition into Mexico, but was apprehended and arrested at the Port of Entry in Douglas, Arizona. Subsequent investigation revealed that shortly before his arrest, Chavarin had ordered sixteen AK-47 style rifles and 10,000 rounds of ammunition, which he also intended to smuggle into Mexico.

While under indictment for seven weapons trafficking offenses, Chavarin fled to Mexico, where he remained a fugitive for nine years until his arrest in 2020.

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

CASE NUMBER:            11-0922-001-TUC-JCH
RELEASE NUMBER:    2021-025_Chavarin

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PHOENIX, Ariz. – Yesterday, Angelica Nebria Malena Chalepah, 21, of Truxton, Arizona, was sentenced by U.S. District Judge John J. Tuchi to 31 months in prison, followed by three years of supervised release. Chalepah previously pleaded guilty to Arson. 

On March 18, 2019, Chalepah set fire to a duplex residence located on the Havasupai Indian reservation. Chalepah had become angry with residents of the home and set it on fire after an argument, burning it to the ground. The two families who resided in the duplex were not home during the fire.   

The victims are enrolled members of the Havasupai Indian Tribe. Chalepah is an enrolled member of the Wichita and Affiliated Tribes.    

The Bureau of Indian Affairs – Office of Justice Services and the Federal Bureau of Investigation conducted the investigation in this case. Christina Covault, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-8227-PCT-JJT
RELEASE NUMBER:    2021-024_Chalepah

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

166 individuals were charged in March with illegal reentry

A.  146 of those 166 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 146 individuals with non-immigration criminal records:

1.  37 had violent crime convictions, including:

3 individuals had homicide convictions
15 individuals had sex offense convictions
6 individuals had domestic violence convictions

2.  9 had property crime convictions

3.  28 had DUI convictions

4.  67 had drug crime convictions

B.  77 of those 166 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         41 individuals were charged in March with alien smuggling

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

          0 individuals were charged in March 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:    2021-022_March Immigration and Border Crimes Report

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PHOENIX, Ariz.  – On Monday, Simon Calvin Simms Hiatt, 46, of Parker, AZ was sentenced by U.S. District Judge Steven P. Logan to 108 months in prison, followed by four years of supervised release. Hiatt previously pleaded guilty to possession with intent to distribute methamphetamine.

On November 19, 2018, officers from the Colorado River Indian Tribes Police Department contacted Hiatt in Parker, AZ during a traffic stop. While conducting a search of Hiatt’s passenger, an officer found a digital scale underneath her clothing that contained a white powdery substance inside. Officers then searched Hiatt’s vehicle and located more than half a pound of methamphetamine and a loaded firearm. Hiatt is an enrolled member of the Colorado River Indian Tribes.

The Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department conducted the investigation in this case. Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-00777-PHX-SPL 
RELEASE NUMBER:    2021-023_Hiatt

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/ 
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PHOENIX, Ariz. – Austin Ryan Steinbart, 30, of Chandler, Arizona, was sentenced today by United States District Judge Steven P. Logan to a sentence of time served. At the time of sentencing, Steinbart had served 225 days in prison. Steinbart previously pleaded guilty to Interstate Communications with Intent to Extort, a Class E felony.

Between March 21 and 23, 2020, Steinbart made threats to degrade and destroy the operations of a file storage and file sharing company through videos and posts on his YouTube channel after the company suspended his account. Steinbart directed his thousands of YouTube subscribers to flood the company’s tech support line with fictitious emails and phone calls in an attempt to hinder the company’s ability to operate.

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

CASE NUMBER:           CR-20-0485-PHX-SPL  
RELEASE NUMBER:    2021-021_Steinbart

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PHOENIX, Ariz. – On Wednesday, Kevin Scott Wynn, 59, of Scottsdale, Arizona, was sentenced by United States District Judge Susan M. Brnovich to 46 months in prison. The Court also imposed a fine of $7,500 on Wynn. Wynn was previously found guilty by a jury of tax evasion and failure to file tax returns in December 2019.

The sentence included an upward adjustment for obstruction of justice: Wynn withdrew $1,500,000 in cash from his business bank account in thirteen separate transactions in the first several months of 2020, and subsequently cut his ankle monitor and fled Arizona before a scheduled sentencing hearing. He was apprehended by Mexican law enforcement authorities in Mexico City in August and deported back to the United States. Upon release from prison, Wynn will be placed on supervised release for three years. As a condition of supervision, he will be required to pay more than $700,000 in back taxes as restitution to the Internal Revenue Service.

Internal Revenue Service – Criminal Investigation conducted the underlying investigation, and the United States Marshals Service led the fugitive apprehension efforts. Assistant United States Attorneys Gary M. Restaino and James R. Knapp handled the prosecution.

CASE NUMBER:            CR-18-1649-PHX-SMB 
RELEASE NUMBER:    2021-020_Wynn

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

190 individuals were charged in February with illegal reentry

A.  151 of those 190 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 151 individuals with non-immigration criminal records:

1.  44 had violent crime convictions, including:

2 individuals had homicide convictions
1 individual had a sex offense conviction
10 individuals had domestic violence convictions

 2.  5 had property crime convictions

3.  24 had DUI convictions

4.  78 had drug crime convictions

B.  83 of those 190 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         28 individuals were charged in February with alien smuggling

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

          0 individuals were charged in February 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:    2021-019_February Immigration and Border Crimes Report

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TUCSON, Ariz. – Stephen Patrick Luethy, 57, of Tucson, Arizona, was sentenced today by United States District Judge James Soto to 132 months in prison. Luethy previously pleaded guilty in October 2019 to Receipt of Child Pornography. 

In February 2019, Luethy was indicted after a federal investigation revealed he had been sending money to individuals in the Philippines in exchange for child exploitation materials. Luethy had asked multiple individuals to create videos depicting mutilation of children, in addition to child sex abuse videos. At this time, there is no evidence to suggest that videos depicting child mutilation were created in response to Luethy’s requests.

Upon release from prison, Luethy will be placed on lifetime supervised release with stringent sex offender conditions. 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

The Federal Bureau of Investigation, Tucson, conducted the investigation in this case. Carin C. Duryee, Assistant U.S. Attorney, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR 19-0340-TUC-JAS
RELEASE NUMBER:    2021-018_Luethy

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TUCSON, Ariz. – Nathanael Dougall, 39, of Tucson, Arizona, was sentenced yesterday by United States District Judge James Soto to 90 months in prison. Dougall previously pleaded guilty to Distribution of Child Pornography. 

On November 8, 2018, Dougall was arrested for sharing child sex abuse images on a messaging application with an individual he believed to be a 14-year-old girl. Dougall used the same application to engage in sexually explicit chats with the girl, who was actually an undercover law enforcement officer. Dougall worked as the Captain for the Green Valley Fire Department until his arrest. 

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

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

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

CASE NUMBER:            CR 18-02526-TUC-JAS
RELEASE NUMBER:    2021-017_Dougall

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TUCSON, Ariz. – Last week, Jermal Daniels, 50, was sentenced by U.S. District Judge Jennifer G. Zipps to 33 months in prison. Daniels previously pleaded guilty to possession with intent to distribute methamphetamine. 

On May 15, 2018, Daniels, an inmate at the Federal Correctional Institution in Tucson, was found with approximately 10 grams of methamphetamine concealed in his sock. Daniels admitted he intended to be paid for delivering the methamphetamine to other inmates. At the time, Daniels was serving a sentence for Conspiracy to Possess with Intent to Distribute Heroin out of the Western District of North Carolina.

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

CASE NUMBER:            CR18-01738-TUC-JGZ
RELEASE NUMBER:    2021- 016_Daniels

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PHOENIX, Ariz. – Last week, Leon Arron Nopah, 31, of Casa Grande, Arizona, was sentenced by United States District Judge Douglas L. Rayes to 108 months in federal prison. On December 2, 2020, Nopah pleaded guilty to Assault with a Dangerous Weapon, Possession of a Firearm in Furtherance of a Crime of Violence, and Assault Resulting in Serious Bodily Injury. The sentence includes a term of 102 months in prison for the three offenses and a consecutive six-month term for violating supervised release in CR-15-1186-PCT-DLR. Nopah’s prison sentence will be followed by a three-year term of supervised release. 

Between October 1, 2017, and November 19, 2017, Nopah intentionally assaulted his then-girlfriend by pressing a loaded pistol into the side of her head, causing extreme pain and leaving a visible indentation in her temple. The victim’s young child was present during the incident. 

On July 20, 2018, Nopah intentionally assaulted a different girlfriend by striking her head and biting her hand and ear, resulting in serious bodily injuries. This victim’s minor children were also present during the assault.      

Nopah and the two victims are enrolled members of the Colorado River Indian Tribe.

The Bureau of Indian Affairs – Office of Justice Services and the Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Christina Covault, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-0021-PCT-DLR; CR-15-1186-PCT-DLR                                     
RELEASE NUMBER:    2021-015_Nopah

PHOENIX, Ariz. – Joshua Polloso Epifaniou, 22, of Nicosia, Cyprus was sentenced today in the Northern District of Georgia by U.S. District Judge Mark H. Cohen to 12 months and one day in prison, on top of the nearly four years Epifaniou has already served in custody since his arrest in Cyprus in May 2017. Epifaniou pleaded guilty to federal computer fraud charges brought in Arizona and the Northern District of Georgia. As a result of his conviction, Epifaniou forfeited $389,113 and 70,000 euros to the government and paid $600,000 in restitution to the victims of his fraud. Epifaniou is the first Cypriot national ever extradited from Cyprus to the United States.

“Cybercrime is a threat to both our individual privacy and to the security of American companies,” said Acting U.S. Attorney Anthony Martin. “We will work diligently alongside our law enforcement partners to ensure any perpetrators are identified and brought to justice.”

Between October 2014 and May 2017, Epifaniou hacked websites and monitored online traffic to identify targets for extortion. After selecting target websites, Epifaniou worked with co-conspirators to steal personally identifiable information from the websites’ databases. Epifaniou then used proxy servers located in foreign countries to log into email accounts and send messages to the websites threatening to leak the sensitive data unless a ransom was paid in cryptocurrency. 

Victims of Epifaniou’s computer terrorism included an online sports news website owned by Turner Broadcasting System Inc. in Atlanta, Georgia, a free online game publisher based in Irvine, California, a hardware company based in New York, New York, an online employment website headquartered in Innsbrook, Virginia, and a consumer report website, Ripoff Report, headquartered in Phoenix, Arizona.

After extorting Ripoff Report, Epifaniou also hacked into its website to remove online complaints at the request of paying clients. Epifaniou and his co-conspirator, Pierre Zarokian, charged clients between $1,000 and $5,000 for each complaint removal and falsely told clients that the removals were court-ordered. Epifaniou was charged by indictment in Arizona in CR-17-1280-SMB and Zarokian was sentenced last year in CR-18-1626-MTL.

“This individual was preying on people for his own personal gain,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “FBI agents, analysts and support staff worked tirelessly on this case. This investigation should send a strong message that the FBI has a long reach and no matter where you are, we will continue to leverage all available resources and utilize partnerships in the United States and foreign partnerships to identify criminals in an effort to bring justice to victims of crime.”

The Federal Bureau of Investigation conducted the investigation in this case. Foreign law enforcement partners also made significant contributions to the investigation, including the Office for Combating Cybercrime of the Cyprus Police. The U.S. Attorney’s Offices for the District of Arizona and for the Northern District of Georgia handled the prosecution, with assistance from the Criminal Division’s Office of International Affairs.

CASE NUMBER: CR17-00327-MHC-JKL
RELEASE NUMBER: 2021-014_Epifaniou

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TUCSON, Ariz. – Chris Paul Snow, 68, of Marana, Arizona, was sentenced Friday by U.S. District Court Judge Jennifer G. Zipps to 144 months in prison for assault of a federal officer with a deadly weapon, unlawful possession of a destructive device, possession of a firearm and ammunition by a convicted felon, and use of a firearm during a crime of violence.

On August 3, 2018, law enforcement responded to a 911 call reporting a shooting incident at Snow’s residence in Marana. While investigating the incident, officers found several rounds of ammunition, loaded firearm magazines, and a live grenade in Snow’s bedroom. Snow, a convicted felon, was indicted in federal court for unlawfully possessing the grenade and ammunition, and the court issued a warrant for his arrest.

On September 13, 2018, federal agents attempted to serve the arrest warrant at Snow’s residence.  While agents were inside his residence, Snow pointed a firearm at one of the agents and refused to obey commands to drop the firearm. Agents were eventually able to disarm Snow and place him under arrest. Snow was subsequently indicted for these additional crimes. On October 16, 2020, Snow was convicted of all five charges against him following a trial.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Pima County Sheriff’s Department, conducted the investigation in this case. Assistant United States Attorney Angela W. Woolridge, District of Arizona, handled the prosecution.

CASE NUMBER:            CR18-1796-TUC-JGZ
RELEASE NUMBER:    2021-013_Snow

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PHOENIX, Ariz. – Jared Trent Atkins, 27, of Phoenix, Arizona, was sentenced today by U.S. District Judge John J. Tuchi to 15 years in prison, followed by twelve years of supervised release. Atkins previously pleaded guilty to attempted use of a weapon of mass destruction.

In the early morning hours of April 28, 2019, Atkins entered a gas station in Phoenix, Arizona, and stabbed the night clerk working inside. Atkins then fled the gas station and drove to his place of employment, where he stole three radiological devices containing Iridium-192 along with the tools to open the devices and expose the radiological material.  Approximately one hour after the stabbing and theft, Atkins set fire to a vehicle at a Mesa car dealership. 

Atkins texted his co-workers to inform them he had the radiological devices. He warned his co-workers to stay home until the devices were found. Security footage from Scottsdale Fashion Square Mall shows Atkins driving on Camelback Road adjacent to the Mall. Atkins later told the Federal Bureau of Investigation (FBI) he intended to have a “last stand” and considered conducting it at the Mall.

Atkins then drove to Mt. Ord in the Payson area and called his family to say goodbye.  Atkins opened one of the radiological devices. Atkins planned to commit suicide by irradiation, knowing he would harm anyone who tried to stop or arrest him. For unknown reasons, however, Atkins closed the radiological device and returned to Phoenix.

Later the same morning, Atkins drove back to his apartment, with the radiological devices and the bloody knife he used to stab the gas station clerk. The Phoenix Police Department and FBI agents responded to the scene, but Atkins barricaded himself inside his apartment. After roughly two hours of a standoff and working with a negotiator, Atkins agreed to surrender and was taken into custody without further incident. Law enforcement safely recovered all three radiological devices, including all stolen radiological material, from Atkins’s vehicle.

On April 28, 2019, Atkins was arrested on state charges in Maricopa County. He subsequently pleaded guilty to Aggravated Assault and Arson of Property, and was sentenced to three and a half years in prison. Atkins’s federal sentence will run consecutive to his state sentence.

“Today’s sentence sends a powerful message of deterrence to would-be criminal actors who plan to weaponize industrial technologies,” said Acting United States Attorney Anthony Martin. “As was done in this case, we stand ready to work alongside our federal and state partners to respond quickly to any threats to public safety.”

“This case is a prime example of how the FBI and our partners come together to keep our communities safe,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “From beginning to end, this investigation was truly a team effort. I commend the FBI’s Joint Terrorism Task Force and the Phoenix Police Department, which did significant work on this investigation from the day of the incident, to the weeks, and months that followed. I also commend the Phoenix Stabilization Task Force members, who played an important role in this case by finding and successfully securing the radiological material.”

The FBI Joint Terrorism Task Force and the Phoenix Police Department investigated the case, with support and assistance from the FBI Phoenix Stabilization Task Force, Laboratory, and Intelligence Analysts.

This case was prosecuted by Assistant U.S. Attorney Kristen Brook of the District of Arizona, and Celeste Corlette and Jason Denney of the National Security Division’s Counterterrorism Section. 

CASE NUMBER:        CR-20-00344-PHX-JTT
RELEASE NUMBER: 2021-112_Atkins

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TUCSON, Ariz. –  Last week, U.S. District Court Judge Jennifer G. Zipps sentenced Raymundo Lopez Casillas, III, 20, of Tucson, to 60 months in prison for unlawful possession of three machineguns, six pipe bombs, and a firearm silencer. Casillas previously pleaded guilty to unlawful possession of unregistered firearms.

On June 7, 2019, Casillas discharged a firearm in his bedroom. The bullet traveled through the wall and struck his 17-year-old nephew in the head, killing him. While investigating this incident, law enforcement searched Casillas’ bedroom and found six pipe bombs, one fully automatic machinegun, two machinegun conversion devices, and a firearm silencer – all of which are unlawful to possess without the proper registration. Although not unlawfully possessed, officers also found thirteen additional firearms, a large amount of ammunition, and high capacity magazines in Casillas’ bedroom.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Pima County Sheriff’s Department, conducted the investigation in this case. Assistant United States Attorney Angela W. Woolridge handled the prosecution.

CASE NUMBER:            CR19-1893-TUC-JGZ
RELEASE NUMBER:    2021-011_Casillas

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TUCSON, Ariz. – On Tuesday, James Seota-Felix, 41, of Sells, Arizona, was sentenced by U.S. District Judge Jennifer G. Zipps to 24 months in prison, followed by three years of supervised release. Seota-Felix previously pleaded guilty on September 28, 2020 to one count of Assault with a Dangerous Weapon.

On June 27, 2019, Seota-Felix got into an altercation with a rival gang member and stabbed the victim in the face. Seota-Felix is an enrolled member of the Tohono O’odham Nation.

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

CASE NUMBER:            CR-19-2301-TUC-JGZ
RELEASE NUMBER:    2021-009_Seota-Felix

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PHOENIX, Ariz. – Last week, Elias Eddie Quade Chavez, 19, of Supai, Arizona, was sentenced by U.S. District Judge John J. Tuchi to 28 months in prison, followed by three years of supervised release. Chavez previously pleaded guilty to assault with a dangerous weapon.

In October 2019, Chavez stabbed the victim and caused the victim serious bodily injury. The assault occurred on the Havasupai Indian Reservation, where both Chavez and the victim are tribal members.

The Federal Bureau of Investigation and the Bureau of Indian Affairs – Office of Justice Services conducted the investigation in this case. Assistant U.S. Attorneys Benjamin Goldberg and Alexander Samuels, District of Arizona, Phoenix, handled the prosecution. 

CASE NUMBER:            CR-20-08089-PCT-JJT
RELEASE NUMBER:    2021-010_Chavez

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

177 individuals were charged in January with illegal reentry

A.  135 of those 177 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

 Of the 135 individuals with non-immigration criminal records:

1.  27 had violent crime convictions, including:

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

2.  11 had property crime convictions

3.  24 had DUI convictions

4.  69 had drug crime convictions

B.  96 of those 177 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         31 individuals were charged in January with alien smuggling

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

          0 individuals were charged in January 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:    2021-008_January Immigration and Border Crimes Report

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PHOENIX, Ariz. – U.S. Attorney Michael Bailey announced his resignation as the chief federal law enforcement officer in Arizona, effective at 11:59 p.m. on February 28, 2021.

“It has been a true privilege to serve this great country and the people of Arizona as United States Attorney,” said U.S. Attorney Michael Bailey, “this office’s responsibilities, like Arizona itself, are vast and unique. I am proud of our efforts to keep the border secure, to fight violent crime on tribal lands, to safeguard our national security, to combat the international drug trade, and to protect every Arizonan from those who would defraud them.”

Under Bailey’s leadership, the District of Arizona redoubled its efforts to secure the border. Bailey supplemented the office’s border enforcement resources and expanded felony prosecutions of individuals who reenter the country illegally after deportation. Bailey was the first U.S. Attorney to publicly report the monthly numbers of criminal immigration prosecutions and the collective criminal history of those being prosecuted.

Bailey also worked closely with Arizona’s 22 federally recognized tribes to fight violent crime on tribal lands. To focus on solving the problem of missing and murdered indigenous persons cases confronting many of our Native American communities, Bailey hired a specialist to coordinate intergovernmental cooperation, with the goal of resolving the longstanding case backlog across the state.   

On the national security front, Bailey’s office prosecuted a variety of threats to our national security, including a radiological threat to the Scottsdale Fashion Square mall, the illegal export of defense articles and other sensitive technology to China, and multiple cases of defendants offering support to ISIS or al-Qaeda. 

To combat the increased risk of fraud during the coronavirus pandemic, Bailey appointed a COVID-19 Fraud Coordinator and joined with Arizona Attorney General Brnovich and the FBI to launch a federal, state, and local task force to combat coronavirus-related fraud. The office also continued its elder justice efforts, advocating on behalf of seniors who were defrauded by caregivers or scammers. Those efforts included the prosecution of foreign lottery schemes that victimized seniors across the country.

In addition to targeting international cartels with prosecutions for drug trafficking and money laundering, Bailey’s office confronted fentanyl overdoses by holding individual dealers accountable for overdose deaths resulting from their sale of drugs. 

"U.S. Attorney Bailey has been an incredible partner in our mission to protect the American public," said Sean Kaul, Special Agent in Charge of the FBI Phoenix field office. "Throughout his time as U.S. Attorney, Mr. Bailey has been dedicated to ensuring the safety of the citizens in our community and relentless in his pursuit of justice for victims of crime. There is no doubt his work has made a positive impact on our community. It's been a privilege to work with U.S. Attorney Bailey and we thank him for his service."

“Throughout my years of working with Mike, not only as our federal chief prosecutor in Arizona, but as someone I relied on for counsel and guidance, he consistently demonstrated his commitment to HSI’s public safety and national security mission as he prioritized community safety and championed the rights of crime victims.” said Scott Brown, special agent in charge for HSI in Arizona. “It’s been an absolute pleasure to have worked alongside such an accomplished and well-respected United States Attorney.”

Bailey was nominated to serve as the United States Attorney for the District of Arizona on February 12, 2019, and was unanimously confirmed by the United States Senate on May 23, 2019. Before his appointment, Bailey served for four-and-a-half years as the Chief Deputy to Arizona Attorney General Mark Brnovich. Bailey thanks AG Brnovich, whose support and friendship made this appointment possible. Bailey also thanks United States Senators Flake and Kyl for expediting the appointment process, and Senators McSally and Sinema for their support of his nomination and/or confirmation.

“With truly impressive leaders at the helm of each of our federal law enforcement agency partners, and with a U.S. Attorney’s Office staff of 325 men and women who are fully committed to the rule of law and the pursuit of justice,” said United States Attorney Bailey, “I depart confident that my successor will hit the ground running. Arizona’s future is bright.”

RELEASE NUMBER:    2021-007_USA Bailey Resignation

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PHOENIX, Ariz. – On Tuesday, Joshua James Terry, 27, of Chandler, Arizona, was sentenced by U.S. District Judge Dominic W. Lanza to 78 months in prison, followed by lifetime supervised release. Terry will also be required to register as a sex offender.   

Between October 1 and November 30, 2018, Terry, who was a monitor on the victim’s school bus and a physical education teacher’s aide at the victim’s school, sexually abused the minor victim. Terry previously pleaded guilty to Sexual Abuse of a Minor on September 25, 2020. Terry 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-19-01417-PHX-DWL
RELEASE NUMBER:    2021-006_Terry

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TUCSON, Ariz. – On Tuesday, Isaiah Joseph Rios, 22, of Sells, Arizona, was sentenced by U.S. District Judge Jennifer G. Zipps to concurrent terms of 121 months and 120 months in prison. Rios previously pleaded guilty on November 22, 2019 to one count of Abusive Sexual Contact and one count of Sexual Abuse involving minors. Following his release from federal prison, Rios will be placed on lifetime federal supervision and will be required to register as a sex offender.

In October of 2016, Rios, then 18 years of age, forcibly fondled a minor without her consent. In March of 2017, Rios forcibly fondled another minor and then engaged in a sexual act, all without her consent. The victims reported the assaults in August 2017. Rios is an enrolled member of the Tohono O’odham Nation.

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

CASE NUMBER:            CR-18-2416-TUC-JGZ
RELEASE NUMBER:    2021-005_Rios

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TUCSON, Ariz. – Yesterday, Tacal Charles Hart, 35, of Tucson, Arizona, was sentenced by U.S. District Court Judge Scott H. Rash to ten years in prison for possession of ammunition by a convicted felon. Hart previously pleaded guilty on February 18, 2020.

On August 11, 2018, Hart, a three-time convicted felon, was involved in a shooting at Mansfield Park in Tucson. After the shooting, law enforcement seized two empty pistol magazines and one round of ammunition from Hart. On December 4, 2018, federal agents served a search warrant at Hart’s residence and found eight additional rounds of ammunition. 

On December 10, 2018, federal agents attempted to arrest Hart, but he fled in his vehicle through midtown Tucson. While fleeing, Hart threw a pistol and a pistol magazine loaded with 15 rounds of ammunition from his vehicle. During the chase, Hart abandoned his vehicle in a Walmart parking lot and continued to flee on foot. Hart hid in a nearby apartment for several hours until he was finally found and arrested. Another pistol, three pistol magazines, and several more rounds of ammunition were found in the apartment where Hart had been hiding. Federal agents also seized two improvised explosive from the trunk of Hart’s abandoned vehicle.

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

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

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CASE NUMBER:            CR18-2466-TUC-SHR
RELEASE NUMBER:    2021-003_Hart

TUCSON, Ariz. – Yesterday, Daniel Escalante, 43, of Tucson, Arizona was sentenced by U.S. District Judge Rosemary Marquez to 15 years in prison. Escalante previously pleaded guilty on August 28, 2019, to one count of kidnapping, three counts of Assault Resulting in Serious Bodily Injury, and one count of Possession of a Firearm by a Prohibited Person.

On May 31, 2018, Escalante held a Tohono O’Odham minor hostage at a home in Sells, Arizona, for several hours. Over this time, he struck the minor with a baseball bat, cut her with a knife, and strangled her into unconsciousness. Escalante was also in possession of a firearm, which was prohibited due to his status as a previously convicted felon. Escalante is an enrolled member of the Tohono O'Odham Nation.

The Tohono O’Odham Police Department and the Federal Bureau of Investigation conducted the investigation in this case. Matthew C. Cassell and Christopher J. Curran, Assistant U.S. Attorneys, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:            CR-18-2666-TUC-RM-LAB        
RELEASE NUMBER:    2021-004_Escalante

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

241 individuals were charged in December with illegal reentry

A.  153 of those 241 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 153 individuals with non-immigration criminal records:

1.  39 had violent crime convictions, including:

1 individual had a homicide conviction
5 individuals had sex offense convictions
8 individuals had domestic violence convictions

2.  12 had property crime convictions

3.  42 had DUI convictions

4.  70 had drug crime convictions

B.  99 of those 241 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

         34 individuals were charged in December with alien smuggling

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

          0 individuals were charged in December 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 late March 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:    2021-002_December Immigration and Border Crimes Report

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TUCSON, Ariz. – Last week, Jose Rosalio Fuentes, 58, of Nogales, Arizona, was sentenced to 30 months in prison by United States District Court Judge Rosemary Marquez.  Fuentes previously pleaded guilty to Bribery of a Public Official. 

In early 2018, Fuentes, then a CBP officer assigned to canine duty at the Nogales Port of Entry, agreed to allow an illegal alien into the United States in exchange for a $6,000 cash bribe. Fuentes knew the alien was a convicted felon, and proposed that the alien enter the United States through the port of entry during Fuentes’ shift. Surveillance footage shows Fuentes, on-duty and in uniform, pretending to swipe the alien’s identification at the port of entry, and then waiving the alien through the pedestrian gate and into the United States. Fuentes later met up with the alien and another individual to receive the $6,000 cash bribe.    

In addition to 30 months in prison, Fuentes is required to serve three years of supervised release and to pay a $6,000 fine. Fuentes is also prohibited from holding a position of trust with the United States in the future.

The Southern Arizona Corruption Task Force, which is composed of members from the Federal Bureau of Investigation, the Department of Homeland Security-Office of Inspector General, Immigration and Custom Enforcement-Office of Professional Responsibility, Customs and Border Protection-Office of Professional Responsibility, Tucson Police Department, and the Drug Enforcement Administration, conducted the investigation in this case. The Public Integrity Section of the United States Attorney’s Office is handling the prosecution.

CASE NUMBER:            4:18-cr-02068-RM-EJM
RELEASE NUMBER:    2021-001_Fuentes

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PHOENIX, Ariz. – Yesterday, Elbert Philip Shabi, 69, of Indian Wells, Arizona, was sentenced by U.S. District Judge Michael T. Liburdi to twenty years in prison followed by five years of supervised release. Shabi previously pleaded guilty to kidnapping.

Shabi admitted that in 2016 or 2017, he seized the victim as she fled from him on foot. Shabi threatened the victim and held her overnight against her will. The kidnapping happened on the Navajo Nation Indian Reservation, where Shabi is a tribal member.

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

CASE NUMBER:            CR-20-08030-PCT-MTL
RELEASE NUMBER:    2020-114_Shabi

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PHOENIX, Ariz. – Yesterday, the United States Attorney's Office unsealed a complaint against Dale L. Hipes, 39, of Scottsdale, Arizona, charging him with wire fraud and money laundering in connection with an alleged scheme to defraud by falsely claiming to be a distributor of 3M face masks.

“Eight months ago we launched a Task Force to discover and stop fraud related to Covid-19 in our state,” said United States Attorney Michael Bailey. “Today’s announcement is a product of that effort. We remain committed to the task at hand, and will remain committed even after the pandemic ends.”

According to the complaint, Hipes, as CEO of BRI Supply, Inc., represented that he could procure 3M masks for the State of Texas during the COVID-19 pandemic. He falsely claimed to be a 3M authorized distributor and promised delivery in three days. The victim wired $16.65 million to Hipes to purchase nine million masks, but Hipes never produced any. Instead, Hipes returned $12 million to the victim then ceased all communications and expended the remaining funds for personal use. Law enforcement also seized four bank accounts, and a 2020 Kawasaki utility vehicle. These bank accounts and utility vehicle are alleged to contain, or have been purchased with, proceeds traceable to the charged crimes.

“It’s truly reprehensible that someone would misrepresent themselves and promise to provide Personal Protective Equipment (PPE) during a pandemic then take millions of the fraudulently obtained money and use it for their own personal gain,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “It is also not lost on us that this act is deliberately contrary to the actions of the philanthropist who fronted the money to the State of Texas in the first place. We want to thank 3M for their assistance and cooperation with this investigation as well as the United States Attorney’s Office, District of Arizona.”

United States Attorney Michael Bailey and Arizona Attorney General Mark Brnovich launched the COVID-19 Fraud Task Force in April 2020, leveraging the resources and expertise of more than twenty different federal and state agencies to combat fraud schemes arising out of the COVID-19 pandemic. The Federal Bureau of Investigation conducted the investigation in this case. The prosecution is being handled by Assistant U.S. Attorney Andrew C. Stone.

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

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

Hipes Complaint

CASE NUMBERS:                 20-9393MJ
RELEASE NUMBER:           2020-112_Hipes

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PHOENIX, Ariz. – Today, the United States Attorney’s Office made public a complaint against Celestine Coletta Strong, 44, of Phoenix, Arizona; Jawuan Polk, 35, of Portland, Oregon; Patrick Earl Lewis, 45, residence unknown; and Ty’zhaun Marqui Lewis, 23, of Phoenix, Arizona with charges including conspiracy, wire fraud, and money laundering in connection with fraudulent Paycheck Protection Program (PPP) loan applications.

“PPP loans have been essential to the survival of small businesses during the pandemic,” said United States Attorney Michael Bailey. “It is reprehensible that some people would choose to take advantage of the program to fraudulently fill their own pockets rather than leaving that money for those who truly need it.”

According to the complaint, Strong, Polk, P. Lewis and T. Lewis devised a scheme to fraudulently obtain loans from the CARES Act Paycheck Protection Program (PPP), a program designed to help small businesses meet their payroll obligations during the COVID-19 pandemic. According to the complaint, the four conspired to submit loan applications with falsified employee and wage information, fake bank statements, and other false information in an attempt to obtain 15 different loans totaling more than $3.5 million in loan proceeds. They fraudulently obtained approximately $450,000 in proceeds before the scheme was interrupted. Some of the proceeds were used to purchase a luxury Mercedes E400, which was also seized.

“Homeland Security Investigations (HSI) along with our government and private sector partners are committed to protecting the American public against those who willingly attempt to defraud the government for financial gain,” said Scott Brown, special agent in charge for the HSI Phoenix Office. “We will continue to use our broad legal authorities and longstanding partnerships to disrupt, investigate and bring to justice those who seek to exploit and benefit from the COVID-19 pandemic.”

“The Treasury Inspector General for Tax Administration will aggressively pursue those who endeavor to defraud taxpayer-funded Coronavirus Aid, Relief, and Economic Security Act programs, which were established to provide assistance to American business owners during these unprecedented times,” said J. Russell George, Treasury Inspector General for Tax Administration.  “We appreciate the efforts of the U.S. Department Justice and our law enforcement partners in this effort.”

United States Attorney Michael Bailey and Arizona Attorney General Mark Brnovich launched the COVID-19 Fraud Task Force in April 2020, leveraging the resources and expertise of more than twenty different federal and state agencies to combat fraud schemes arising out of the COVID-19 pandemic. The investigation referenced above was conducted by Homeland Security Investigations with assistance from the Treasury Inspector General for Tax Administration and the Small Business Administration Office of the Inspector General. The prosecution is being handled by Assistant U.S. Attorney Kevin M. Rapp.

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

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

Complaint

CASE NUMBERS:                 2:20-mj-05300-DMF
RELEASE NUMBER:           2020-112_PPP Loan Fraud

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TUCSON, Arizona – The last of twenty-eight defendants charged in two sweeping investigations into the manufacture and distribution of the controlled substance commonly referred to as “spice,” a synthetic cannabinoid made with chemicals, was federally sentenced on December 10 in United States District Court.

The twenty-eight defendants were charged and convicted of a variety of crimes including conspiracy to possess with intent to distribute a controlled substance, conspiracy to possess with intent to distribute a controlled substance analogue, conspiracy to engage in interstate travel in aid of racketeering, conspiracy to commit mail fraud, introduction of misbranded drugs into interstate commerce, and money laundering. 

As part of their sentences, the twenty-eight individuals forfeited, among other things, six residences, one business, twelve vehicles, $532,158 in U.S. currency, and obtained money judgments in the amount of $1,335,402.

The National Institute of Health describes synthetic cannabinoids as human-made, mind-altering chemicals that are either sprayed or dried, shredded plant material that can be smoked, or sold as liquid to be vaporized and inhaled in e-cigarettes and other devices. Synthetic cannabinoids are often labeled as “not for human consumption,” and may claim they contain natural materials, however they are dangerous chemicals that bind to the same receptors in the brain as THC and may have unpredictable effects.

Two separate multi-year investigations conducted by the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigation (IRS-CI), the Federal Bureau of Investigations (FBI), Homeland Security Investigations (HSI), U.S. Border Patrol (CBP), U.S. Marshal Service (USMS), Tucson Police Department, South Tucson Police Department, Casa Grande Police Department and the Sahuarita Police Department, discovered that “spice” suppliers in Colorado and Arizona imported the precursor chemicals from China, and manufactured the controlled substances in Long Beach, California and Tucson and Phoenix, Arizona. The suppliers then distributed the controlled substances primarily to local smoke shops in Tucson, South Tucson, Dallas/Fort Worth, and other cities, where they were ultimately sold to drug users. The twenty-eight defendants each pleaded guilty and were convicted and sentenced as follows:

On December 10, 2020, Madji Khaleq, of Denver, Colorado, was sentenced to four years of probation for conspiracy to distribute controlled substances and controlled substance analogues. $164,944 in United States currency and $25,320 in money orders were forfeited. Khaleq is also required to pay a personal money judgment in the amount of $75,837 to the United States.

On November 8, 2018, Ana Patricia Hidalgo-Hernandez, of Long Beach, California, was sentenced to time served in prison, followed by three years of supervised release for Conspiracy to Introduce Misbranded Drugs into Interstate Commerce.

On November 30, 2017, Najib Alghaithi, of Tucson, Arizona, was sentenced to twenty-four months in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. $66,299 in United States currency was forfeited.

On October 20, 2020, Abdulkader Alghaithi, of Tucson, Arizona was sentenced to thirty-six months in prison, followed by three years of supervised release for Conspiracy Possess with Intent to Distribute Controlled Substances, Possession with Intent to Distribute Controlled Substances, and Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. The government forfeited Alghaithi’s vehicle and residence.

On July 12, 2018, Jamil Qasem, of Tucson, Arizona, was sentenced to forty-two months in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substances and Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. Qasem is also required to pay $40,000 to the United States. 

On January 18, 2018, Mazin Saleh, 36, of Tucson, Arizona, was sentenced to four years of probation for Conspiracy to Commit Mail Fraud. The government seized $5,000 in lieu of Saleh’s vehicle.

On January 23, 2018, Muhieldin Muhieldin, of Tucson, Arizona, was sentenced to three years of probation for Receiving Misbranded Drugs in Interstate Commerce.

On January 4, 2018, Nasser Farah, of Chicago, Illinois, was sentenced to three years of probation for Conspiracy to Possess with Intent to Distribute Controlled Substances.

On June 29, 2017, Davoud Shayan, of Tucson, Arizona, was sentenced to time served followed by one year of supervised release for Introduction of Misbranded Drugs in Interstate Commerce.

On August 15, 2017, Denice Michael, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On January 23, 2018, Kholoud Hamdi, of Tucson, Arizona, was sentenced to three years of probation for Introduction of Misbranded Drugs in Interstate Commerce.

On January 5, 2018, Sharif Hamdi, of Tucson, Arizona, was sentenced to fourteen months in prison followed by one year of supervised release for Introduction of Misbranded Drugs in Interstate Commerce.

On June 21, 2017, Junior Jacklick, of Tucson, Arizona, was sentenced to time served, for the Introduction of Misbranded Drugs in Interstate Commerce.

On June 6, 2017, Qasem Mahmoud Shahin, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On June 22, 2017, Adam Hassan, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On February 21, 2018, Abdulaziz Shahin, of Tucson, Arizona, was sentenced to twenty-seven months in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute a Controlled Substance and Conspiracy to Possess with Intent to Distribute Controlled Substance Analogues. Shahin is also required to pay $14,565 to the United States.

On November 8, 2017, Nasir Ibrahim, of Tucson, Arizona, was sentenced to thirteen months and one day in prison followed by one year of supervised release for Receiving Misbranded Drugs in Interstate Commerce.

On August 9, 2019, Samuel Salomon of Tucson, Arizona, was sentenced to thirty-six month in prison followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substances and Conspiracy to Launder Monetary Instruments. The government forfeited Salomon’s residence, two other parcels of land, his smoke shops, two vehicles, and $15,801 for the sale of a third vehicle. Samuel Salomon is also required to pay $1,200,000 to the United States.

On September 4, 2019, Daniel Salomon, of Tucson, Arizona, was sentenced to six months in prison followed by three years of supervised release for Conspiracy to Launder Monetary Instruments. 

On November 13, 2019, Ardell Addington, of Evansville, Wyoming, was sentenced to time served followed by three years of supervised release for Conspiracy to Possess with Intent to Distribute Controlled Substances and Controlled Substances Analogues.

On June 18, 2019, Renee Salomon, of Tucson, Arizona, was sentenced to four years of probation for Conspiracy to Launder Monetary Instruments. Renee Salomon is also required to pay $50,000 to the United States.

On August 9, 2019, Rodolfo Alvarez Samaniego, of Tucson, Arizona, was sentenced to two years of probation for Causing the Introduction of Misbranded Drugs in Interstate Commerce.

On June 7, 2019, Mauro Acuna, of Tucson, Arizona, was sentenced to three years of probation for Conspiracy to Possess with Intent to Distribute Controlled Substances and Controlled Substance Analogues.

On January 22, 2020, Anabel Valdez, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On March 19, 2018, Jose Edmundo Gradillas, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

On June 11, 2019, Alfred Manuel Gamez, Jr., of Tucson, Arizona, was sentenced to three years of probation Receipt of Misbranded Drugs in Interstate Commerce.

On March 16, 2018, Daniel James Garcia, of Tucson, Arizona, was sentenced to four years of probation for Conspiracy to Import Controlled Substances and/or Analogues and Conspiracy to Laundering of Monetary Instruments.

On July 3, 2018, Damien Ismail Sanchez, of Tucson, Arizona, was sentenced to two years of probation for Receipt of Misbranded Drugs in Interstate Commerce.

The investigations were conducted by agencies participating in the Organized Crime Drug Enforcement Task Force. The partner agencies include the DEA, IRS-CI, FBI, HSI, CBP, USMS, Tucson Police Department, South Tucson Police Department, Casa Grande Police Department and the Sahuarita Police Department. Assistant U.S. Attorney Matthew G. Eltringham, District of Arizona, Tucson, handled the prosecutions.

CASE NUMBERS:          16-CR-1430-TUC JGZ (LCK), 16-CR-1431-TUC JGZ (LCK), 16-CR-1432-TUC JGZ (LCK), 16-CR-1433-TUC JGZ (LCK), 16-CR-2160-TUC JGZ (DTF).
RELEASE NUMBER:    2020-111_ Synthetic Spices

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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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