FEDERAL DISTRICT ARCHIVE
District of Arizona
Press releases recorded for this federal judicial district.
Senior Living Facility Caregiver Sentenced to 18 Months in Prison for Defrauding 92-Year-Old VictimRead the Press Release
TUCSON, Ariz. – On September 27, 2019, U.S. District Court Judge Jennifer Zipps sentenced Faye Ann Singer to 18 months in prison for defrauding a 92-year-old vulnerable- victim. The court also ordered Singer to pay $93,378.25 in restitution for the victim’s losses. Singer previously pleaded guilty to bank fraud.
Singer worked as a caregiver at a senior living facility where the victim resided. Singer admitted that she gained access to the victim’s banking information while working at the facility. For 17 months, Singer wrote checks for her own personal benefit out of the victim’s account and used the victim’s account information to electronically pay her own bills. The victim was unaware that Singer had the victim’s bank account information or that Singer was stealing money from the account.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Lori Price for the U.S. Attorney’s Office, District of Arizona, Tucson.
Phoenix Tax Preparer Sentenced to Prison for Stealing His Clients’ Tax RefundsRead the Press Release
PHOENIX – This week, U.S. District Judge Diane J. Humetewa sentenced Erik Allen Ketelaar, 35, of Phoenix, Ariz., to 36 months in prison and three years of supervised release. The Court also ordered Ketelaar to pay $573,000 in restitution to the Internal Revenue Service, third party processors, and individual taxpayers. Ketelaar had previously pleaded guilty to wire fraud.
In 2013 and 2014, Ketelaar owned and operated a tax preparation business called Tio Sams (“Uncle Sam”) Taxes, with five offices in Phoenix and Mesa, Arizona. He hired and trained Spanish-speaking staff, and marketed his tax services to nonresident and resident aliens living in Hispanic communities in the Phoenix Metropolitan Area. Ketelaar controlled how all tax returns were completed, and had most of the client tax refunds directed to bank accounts or addresses he owned and managed. After he gained control of these tax refunds, he stole more than a half million dollars in refunds from many of his tax clients.
The investigation in this case was conducted by the Internal Revenue Service - Criminal Investigation. The prosecution was handled by Fred Battista and Peter Sexton, Assistant United States Attorneys, District of Arizona, Phoenix.
Long-Time Private Investigator Sentenced for Practice of Making Pretextual Phone CallsRead the Press Release
PHOENIX, Ariz. – On September 9, 2019, Keven Lawrence Cody McCleve, 61, of Scottsdale, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to three years’ probation and ordered to pay a $5,000 fine. McCleve was also ordered to give up all professional licenses and not acquire any professional license while on probation.
McCleve worked as a licensed private investigator for over 30 years. During this time period, he developed a practice of making phone calls to banks and other financial institutions and lying about his identity. He made pretextual calls in an attempt to obtain personal banking information about individuals he was investigating. McCleve often provided a bank with an individual’s social security number, date of birth, and other personally identifiable information in an effort to convince the bank McCleve was that particular individual. In response, banks then frequently provided personal information about the individual’s bank accounts, including account balances, and recent withdrawals and deposits.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Andy Stone, Assistant U.S. Attorney, District of Arizona, Phoenix
Former Scottsdale Resident Sentenced to 42 Months for Securities FraudRead the Press Release
PHOENIX – This week, U.S. District Judge Diane J. Humetewa sentenced William “Lance” Mullins, 50, formerly of Scottsdale, Ariz., to 42 months in prison and three years of supervised release. The Court also ordered Mullins to pay more than $2.8 million in restitution to 125 victim shareholders. Mullins had previously pleaded guilty to engaging in fraudulent interstate securities transactions.
Mullins was involved with a Tempe, Ariz.-based technology company called Xhibit Corporation, whose stock was publicly traded on the over-the-counter market and which merged with the airplane catalog SkyMall in May 2013. In 2012 and 2013, before the SkyMall merger, Mullins and others made misrepresentations about the company when recruiting investors. They also engaged in manipulative trading of Xhibit stock that is prohibited by U.S. securities laws and regulations. Their prohibited trading activities artificially inflated Xhibit’s stock price and made it falsely appear that there was more demand for the stock. Because of these actions and other events, Xhibit’s stock price rose sharply, from less than a dollar in early 2012 to a peak of more than seven dollars in May 2013, and then fell just as quickly. Mullins made more than $1 million from selling much of his own stock before the stock price dramatically fell, while unknowing shareholders lost millions.
Two others pleaded guilty to conspiracy to commit securities fraud in related cases and were sentenced in June 2019. Nicolas Russo, Jr., 72, of Fountain Hills, Arizona, and Larry Eiteljorg, 70, of Scottsdale, Arizona, were sentenced to probation and ordered to pay restitution after cooperating with the government’s investigation.
“Mr. Mullins was the mastermind of this market manipulation scheme and the 42-month prison sentence Mullins received should send a strong message of deterrence to criminals committing securities fraud in Arizona,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Division. “We are pleased that all defendants have been ordered to pay restitution to the victims. The FBI will continue to work aggressively with our law enforcement partners to investigate those who commit complex financial crimes. We thank the Arizona U.S. Attorney’s office for their work in prosecuting this case.”
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Bridget Minder and Peter Sexton, Assistant United States Attorneys, District of Arizona, Phoenix.
Domestic Abuser Sentenced to 7 Years in PrisonRead the Press Release
TUCSON, Ariz. – This week, Jose Moreno, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to 84 months of imprisonment and 5 years of supervised release. Moreno had previously pleaded guilty to kidnapping and domestic assault by a habitual offender.
On August 11, 2017, Moreno physically prevented the victim, his domestic partner, from leaving their residence, and threatened harm if the victim did try to leave. On that date, and again between August 24 and 27, 2017, Moreno assaulted the victim, by striking and beating the victim. Moreno had previously been convicted of two domestic violence assaults involving other victims. The assault in this case occurred at a home in Tucson, on the Pascua Yaqui Indian Reservation. Moreno is an enrolled member of the Tohono O’odham Nation, and the victim is an enrolled member of the Pascua Yaqui Tribe.
The investigation in this case was conducted by the Federal Bureau of Investigation, and the Pascua Yaqui Police Department. The prosecution was handled by Assistant U.S. Attorneys Micah Schmit and Adam D. Rossi, District of Arizona, Tucson.
Bisbee Bank Robber Sentenced to Nearly 9 Years in PrisonRead the Press Release
TUCSON, Ariz. – This week, Gilbert Salaz, 52, of Benson, Arizona, was sentenced by U.S. District Judge Jennifer G. Zipps to 105 months in prison followed by five years of supervised release. Salaz previously pleaded guilty to one count of Armed Bank Robbery.
On April 28, 2017, Salaz walked into the Washington Federal Bank in downtown Bisbee, Ariz., pointed a gun at a teller and demanded money. Salaz fled the bank after the armed bank robbery, but was apprehended within 24 hours.
The investigation in this case was conducted by the Federal Bureau of Investigations and the prosecution was handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.
Navajo Man Sentenced to 36 Years in Prison for Seven Counts of Aggravated Sexual Abuse of a ChildRead the Press Release
PHOENIX – Last week, Bo Lane, 36, of Coppermine, Ariz., was sentenced by Chief U.S. District Judge G. Murray Snow to 432 months in prison, followed by a lifetime term of supervised release, on seven counts of aggravated sexual abuse of a child, each count to run concurrently. Lane was found guilty of those counts by a federal jury on June 14, 2019.
The evidence at trial showed that between 2013 and 2017, Lane sexually abused two minor victims. The abuse started when the victims were six years old and took place on the Navajo Indian Reservation. Both Lane and the victims are members of the Navajo Nation.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Police Department. The prosecution was handled by Christina J. Reid-Moore and Dimitra H. Sampson, Assistant U.S. Attorneys, District of Arizona, Phoenix.
Man Sentenced to 36 Months in Prison for Sexually Abusing MinorRead the Press Release
PHOENIX, Ariz. – On September 16, 2019, Jordan Lee Manuel, 23, of Casa Blanca, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to 36 months in prison followed by ten years of supervised release for sexually abusing a minor on the Gila River Indian Community. Manuel will also be required to register as a sex offender.
Manuel used Facebook to befriend the minor victim and pursue a romantic relationship before ultimately sexually abusing the victim. Both the victim and Manuel are members of the Gila River Indian Community.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Christine D. Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
Supai Man Sentenced to Prison for Domestic AssaultRead the Press Release
PHOENIX, Ariz. – This week, Anthony Paya, of Supai, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to 24 months of imprisonment to be followed by three years of supervised release. Paya had previously pleaded guilty to assault of an intimate partner or dating partner resulting in substantial bodily injury.
On May 10, 2018, Paya assaulted his partner, including by striking her multiple times with an extension cord. The assault occurred at a home in Supai, on the Havasupai Indian Reservation. Both Paya and the victim are enrolled members of the Havasupai Tribe.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Office of Justice Services. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
Paradise Valley Man Sentenced to Prison for Tax EvasionRead the Press Release
PHOENIX – This week, U.S. District Judge Steven P. Logan sentenced John Chandler Propstra, 47, of Paradise Valley, Ariz., to 21 months in prison and three years of supervised release. The Court also ordered Propstra to pay more than $700,000 in restitution to the Internal Revenue Service. Propstra had previously pleaded guilty to tax evasion.
Propstra owned and operated several professional employment organizations, which contracted with small business owners to provide payroll services. Propstra, through his companies, collected federal employment taxes from his clients. However, instead of paying the taxes over to the IRS as he contracted to do, Propstra kept a significant portion of the taxes for his own personal use. To conceal his theft, Propstra filed false employment tax returns with the IRS, which overstated the tax payments he purportedly made. He eventually stopped filing employment tax returns altogether. Propstra also failed to file accurate wage reports with the Social Security Administration, which the IRS could have used to cross-check against Propstra’s IRS filings and tax payments. For tax years 2010 and 2011, Propstra failed to pay over to the IRS $710,819.05 in federal employment taxes due and owing by his companies Star Human Resources, Star H Resources, Star HR, and Prop HR. Propstra’s other companies included Guaranteed HR Consulting, HR Rock, Rock HR, Consulting Guaranteed, and Rock Solid Consulting.
The investigation in this case was conducted by Internal Revenue Service Criminal Investigation. The prosecution was handled by Bridget Minder and Peter Sexton, Assistant United States Attorneys, District of Arizona, Phoenix.
Dennehotso Man Sentenced to Prison for Possession of Short-Barreled ShotgunRead the Press Release
PHOENIX, Ariz. – This week, Demetrius Sturkey, of Dennehotso, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to 30 months of imprisonment to be followed by three years of supervised release. Sturkey had previously pleaded guilty to unlawful possession of an unregistered firearm.
On February 20, 2019, Sturkey possessed a weapon made from a shotgun, which had been modified to shorten the barrel. Federal law prohibits the possession of a weapon made from a shotgun, if the modified weapon has a barrel less than 18 inches in length and an overall length of less than 26 inches, unless that weapon is registered to the possessor in the National Firearms Registration and Transfer Record. The firearm Sturkey possessed was not registered in the National Firearms Registration and Transfer Record. Sturkey is an enrolled member of the Navajo Nation and this crime occurred on the Navajo Nation Reservation. Sturkey’s sentence was enhanced because the firearm he possessed was previously stolen.
The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
Tucson Couple Sentenced to 5 Years Prison for Weapons SmugglingRead the Press Release
TUCSON, Ariz. – On September 3, 2019, Michael Justin Huynh, 29, of Tucson, Arizona, was sentenced by U.S. District Court Judge Jennifer G. Zipps to 63 months’ imprisonment. Huynh’s co-defendant, Katie Ellen O’Brien, 28, also of Tucson, was sentenced by Judge Zipps to 60 months’ imprisonment on January 16, 2019. Both had previously pleaded guilty to smuggling AK-type and .50 caliber semiautomatic assault rifles from the United States into Mexico.
Between June of 2017 and January of 2018, Huynh and O’Brien together purchased a total of at least 16 AK-type semiautomatic rifles and three .50 caliber semiautomatic rifles. They purchased these firearms for another individual whom they knew was a drug trafficker, and provided the firearms to the trafficker with the knowledge that they would be smuggled into Mexico and provided to a criminal organization.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the United States Postal Service Office of Inspector General. The prosecution was handled by Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson.
Pinon Man Sentenced to Prison for Violent Crimes Committed in Grand Canyon National ParkRead the Press Release
PHOENIX, Ariz. – Last month, Nathaniel Vernon Dempsey, of Pinon, Ariz., was sentenced by U.S. District Judge Dominic W. Lanza to 30 months of imprisonment to be followed by 3 years of supervised release. Dempsey had previously pleaded guilty to burglary and assault on a federal officer.
On October 10, 2018, Dempsey went to his girlfriend’s residence inside Grand Canyon National Park. While no one was home, Dempsey burglarized the residence and stole several items. After his girlfriend returned home later that night, Dempsey returned to the home, tried to force his way inside again, and threatened her with a knife. Law Enforcement Rangers with the National Park Service responded to the home. When a Ranger ordered Dempsey to get on the ground, Dempsey refused. Dempsey, holding a knife in each hand, then charged at the Ranger. The Rangers eventually took Dempsey into custody without anyone being seriously injured.
The investigation in this case was conducted by the National Park Service – Investigative Services Branch. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
Prohibited Possessor Sentenced to Prison for Transporting and Selling Firearms and AmmunitionRead the Press Release
TUCSON, Ariz. – On August 27, 2019, Joshua Pratchard, 38, of San Diego, California, was sentenced by U.S. Senior District Judge Cindy K. Jorgenson to seventy-five months imprisonment, to be followed by a term of five years of probation and two years of supervised release, to be served concurrently. Pratchard previously pleaded guilty to multiple counts of Possession of a Firearm and Ammunition by Convicted Felon and Transferring a Firearm to an Out-of State Resident.
Between January, 2018 and June 1, 2018, Pratchard, a prohibited possessor from California, traveled to southern Arizona, where he sold two firearms and approximately five hundred rounds of ammunition to another individual. The firearms Pratchard sold included a short-barreled rifle and a silencer. When arrested on June 1, 2018, agents searched Pratchard’s vehicle and found additional items including a short-barreled rifle, an AR 15-type rifle, a silencer, a .45 caliber pistol and hundreds of rounds of ammunition. Pratchard was convicted of possessing eight firearms, six of which were in violation of the National Firearms Act, and approximately 1,464 rounds of ammunition.
The investigation in this case was conducted by the Federal Bureau of Investigation, with assistance by the U.S. Border Patrol and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.
First-Time Felon Sentenced to 30 Months in Prison for Attempting to Smuggle Assault-Style Rifles into MexicoRead the Press Release
TUCSON, Ariz. – Last week, Ricardo Alberto Ruiz Pelayo, 24, of Nogales, Sonora, Mexico, was sentenced by Senior U.S. District Judge Raner C. Collins to 30 months in prison followed by three years’ supervised release. Ruiz Pelayo previously pleaded guilty to an indictment charging one count of unlawful smuggling goods from the United States.
On September 13, 2018, Ruiz Pelayo attempted to cross from Nogales, Arizona into Nogales, Sonora via the Mariposa port of entry. An inspection of his vehicle located three AR-15 style assault rifles and two Glock handguns in addition to three magazine clips. Although he was residing lawfully in the U.S. at the time, he will be deported to Mexico upon completion of his prison sentence.
The investigation in this case was conducted by ICE/HSI Nogales agents and the prosecution was handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.
Multiple Arizona Residents Sentenced to Prison for Using the Dark Web to Distribute Heroin, Methamphetamine, and Cocaine Throughout the United StatesRead the Press Release
PHOENIX, Ariz. – Last week, Kevin Dean McCoy, 28, of Tucson, Ariz., was sentenced by Senior U.S. District Judge James A. Teilborg to 15 years in prison. Silvester Ruelas, 50, of Peoria, Ariz., was previously sentenced to 20 years in prison. Two other co-defendants, Amber Worrell and Peggy Gomez, were sentenced to 10 years in prison and 5 years in prison, respectively. All four defendants pleaded guilty to conspiracy to distribute controlled substances and launder proceeds from drug distribution.
Between 2015 and 2017, the defendants used the vendor name “Iceman21” to advertise and sell heroin, methamphetamine, and cocaine on various dark web marketplaces, including AlphaBay, Hansa, and Dream Market. The investigation revealed that the defendants were using the United States Postal Service to ship drugs from the Phoenix metropolitan area to locations throughout the United States. During the investigation, the United States Postal Inspection Service seized parcels containing illegal drugs that were en route to Arkansas, California, Florida, Georgia, Kansas, Minnesota, Missouri, Montana, Nevada, New York, North Carolina, Oregon, Pennsylvania, and Texas. To conceal and launder proceeds they generated through drug distribution, the defendants used encrypted technology, sold cryptocurrency through peer-to-peer exchangers, and created bank accounts for non-existent businesses. During the investigation, law enforcement officials seized a Seattle Seahawks Super Bowl XL ring, numerous gold, silver, and platinum bars, and an extensive collection of firearms, including a Texas Weapons System AK-47, a Mossberg 12 gauge shotgun, and a .50 caliber Bohica sniper rifle.
“Our office is committed to working closely with our agency partners to aggressively investigate and prosecute drug traffickers,” said U.S. Attorney Michael Bailey. “Hiding behind computer keyboards and using our mail system to move their drugs will not shield them from lengthy prison sentences.”
“Drug traffickers using the dark web feel a sense of security with the anonymity to sell their poisons throughout the world,” said Doug Coleman, Special Agent in Charge of the Drug Enforcement Administration (DEA) in Arizona. “This investigation clearly demonstrates they aren’t safe, they aren’t anonymous, and they can’t evade justice. DEA and our partners will relentlessly pursue criminals who prey on our citizens, no matter where they are and no matter what means they use to distribute their illicit and deadly products.”
“Homeland Security Investigations (HSI) has continued to demonstrate a commitment to combating illicit activities spread by online dark web markets,” said Scott Brown, HSI Special Agent in Charge for the Phoenix office. “By joining forces with our law enforcement partners, we are utilizing all tools and authorities to investigate and dismantle narcotics trafficking and financial crimes that plague the internet. As this case demonstrates, there is no safe dark web marketplace beyond our investigative reach.”
“This drug trafficking organization used sophisticated means to sell and distribute dangerous drugs throughout the country. No matter the methods used by criminals, IRS-CI Special Agents have the skills needed to investigate high tech drug and money laundering schemes,” said Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS - Criminal Investigations.
“This investigation once again showcases the excellent collaboration between the United States Postal Inspection Service and other law enforcement agencies. Through these partnerships, we continue working to keep our communities safe from the spread of illegal narcotics purchased through the dark web. We continue to challenge the anonymous nature of the dark web, proving time and again you are never truly anonymous,” stated Acting Inspector in Charge Jessica Wagner of the United States Postal Inspection Service.
The investigation was conducted by the Drug Enforcement Administration, Homeland Security Investigations, Internal Revenue Service - Criminal Investigations, and the United States Postal Inspection Service, with assistance from the Scottsdale, Mesa, and Peoria Police Departments, as part of an operation supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that provides supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The case was prosecuted by Matthew Binford and Carolina Escalante, Assistant United States Attorneys, District of Arizona, Phoenix.
Sacaton man Sentenced to Prison for Habitual Domestic ViolenceRead the Press Release
PHOENIX, Ariz. – This week, Lawrence Stanley Coops, 34, of Sacaton, Ariz., a was sentenced by U.S. District Judge Diane J. Humetewa to two and a half years in prison followed by three years of supervised release. Coops previously pleaded guilty to Domestic Assault by a Habitual Offender.
On August 18, 2018, Coops assaulted the victim after having previously been convicted of assault against a spouse or intimate partner. Coops and the victim are both members of the Gila River Indian Community.
The investigation was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
Inscription House Man Sentenced to Prison for AssaultRead the Press Release
PHOENIX, Ariz. – This week, Eric Kinney, of Inscription House, Ariz., was sentenced by U.S. District Judge Steven P. Logan to 24 months of imprisonment followed by three years of supervised release. Kinney had previously pleaded guilty to assault with a dangerous weapon.
On August 9, 2018, Kinney went into the victim’s house with an axe. Once inside, Kinney pushed the victim against a wall while holding the axe in a threatening manner. The assault occurred on the Navajo Nation Indian Reservation, and Kinney is an enrolled member of the Navajo Nation.
The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
Casa Blanca Man Sentenced to over 6 Years for Possessing Methamphetamine with Intent to DistributeRead the Press Release
PHOENIX, Ariz. – This week, Jaysen Reuben Lopez, 26, of Casa Blanca, Ariz., was sentenced by U.S. District Judge Dominic W. Lanza to six and a half years in prison followed by four years of supervised release. Lopez previously pleaded guilty to possessing methamphetamine with the intent to distribute.
On December 5, 2018, Gila River Police Officers found Lopez on the Gila River Indian Reservation, asleep in his vehicle with a bag containing 141 grams of methamphetamine. Lopez is a member of the Gila River Indian Community.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
San Carlos Woman Sentenced to 46 Months for Possession with the Intent to Distribute MethamphetamineRead the Press Release
PHOENIX – On August 5, 2019, Stephanie Miles, 31, of Bylas, Ariz., on the San Carlos Apache Indian Reservation, was sentenced by U.S. District Judge Dominic Lanza to 46 months in prison followed by 3 years of supervised release. Miles had previously pleaded guilty to Possession with the Intent to Distribute Methamphetamine.
On May 7, 2014, Miles was stopped by San Carlos Police for a minor traffic violation and subsequently arrested because her driver’s license was suspended. During a search of Miles’ property, police discovered 7 grams of pure methamphetamine that Miles possessed for distribution.
The investigation was conducted by the Bureau of Indian Affairs, the San Carlos Police Department, the Arizona Department of Public Safety, and the Drug Enforcement Administration Crime Laboratory. The prosecution was handled by Assistant U.S. Attorney Thomas Simon.
San Carlos Man Sentenced to 30 Months for Involuntary ManslaughterRead the Press Release
PHOENIX – On August 1, 2019, Kevin Ryan Upshaw, Jr., 32, of San Carlos, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to 30 months in prison followed by 3 years of supervised release. Upshaw had previously pleaded guilty to Involuntary Manslaughter.
On July 22, 2013, Upshaw, an enrolled member of the San Carlos Apache Tribe, while driving under the influence of alcohol, struck and killed 5 year old Legend Mariah Ramos.
The investigation in this case was conducted by the Bureau of Indian Affairs, the San Carlos Police Department and the Arizona Department of Public Safety. The prosecution was handled by Assistant U.S. Attorney Thomas Simon.
Elder Caregiver Sentenced to 30 Months in Prison for Defrauding a 92-Year-Old Homebound VictimRead the Press Release
TUCSON, Arizona – On August 14, 2019, U.S. District Court Judge Rosemary Márquez sentenced Margaret Gastelum to 30 months in prison for defrauding a 92 year-old homebound- victim. The court also ordered Gastelum to pay $184,648 in restitution for the victim’s losses. Gastelum previously pleaded guilty to wire fraud.
Gastelum and her daughter, co-defendant Mona Lisa Rodriguez, provided home care assistance for the victim. In her plea agreement, Gastelum admitted that she and Rodriguez gained access to the victim’s banking information and fraudulently used funds from the victim’s bank accounts. Gastelum and Rodriquez further fraudulently used the victims’ credit cards and overcharged for elder care services without the victim’s knowledge.
Rodriquez also previously entered a guilty plea for her involvement in the scheme, and is scheduled for sentencing on September 24, 2019.
The investigation in this case was conducted by the United States Secret Service and the Tucson Police Department. The prosecution was handled by Assistant U.S. Attorney Wallace Kleindienst for the U.S. Attorney’s Office, District of Arizona.
Tucson Tax Preparer Sentenced to Prison for Filing False Federal Income Tax ReturnsRead the Press Release
TUCSON, Ariz. – On July 29, 2019, Joseph Michael Vosberg, 59, of Tucson, Arizona, was sentenced by U.S. District Judge Raner C. Collins to 18 months in prison for assisting in the preparation and filing of false federal income tax returns. Vosberg previously pleaded guilty to aiding and abetting the filing of false federal tax returns. In his plea agreement, Vosberg admitted that he prepared and filed thirty-three federal tax returns that contained $457,187 in false deductions. As part of his sentence, the court ordered Vosberg to pay $202,243 in restitution to the United States Treasury for the tax loss relating to the offense.
The investigation in this case was conducted by the Internal Revenue Service, Criminal Investigation Division. The prosecution was handled by Jane L. Westby, Assistant U.S. Attorney, District of Arizona, Tucson.
Two Men Arrested for Conspiring to Provide Material Support to ISISRead the Press Release
TUCSON – John Demers, Assistant Attorney General for National Security, Michael Bailey, the United States Attorney for the District of Arizona, Michael McGarrity, Assistant Director of the FBI's Counterterrorism Division, and Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office, announced that on July 26, Ahmed Mahad Mohamed and Abdi Yemani Hussein, were arrested for conspiring to provide material support and resources to ISIS, a designated foreign terrorist organization.
According to the criminal complaint, the defendants had been in communication with an FBI undercover employee whom they believed was a supporter of ISIS ideology. These communications revealed the defendants’ desire to travel overseas in order to fight on behalf of ISIS or to conduct an attack within the United States if they were unable to travel. Ultimately, the defendants purchased airline tickets to travel to Egypt, with the intention to travel on to Sinai and join ISIS. FBI agents arrested Mohamed and Hussein after they checked in for their flight at the Tucson International Airport in Arizona.
According to court documents, both defendants came to the United States as refugees from Somalia. At the time of their arrest, Mohamed had obtained lawful permanent resident status and Hussein remained a refugee.
The prosecution is being handled by Kevin C. Hakala and Beverly Anderson, Assistant United States Attorneys in the District of Arizona, and Alicia Cook, Trial Attorney with the National Security Division’s Counterterrorism Section.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Men Arrested for Conspiring to Provide Material Support to ISISRead the Press Release
John Demers, Assistant Attorney General for National Security, Michael Bailey, the United States Attorney for the District of Arizona, Michael McGarrity, Assistant Director of the FBI's Counterterrorism Division, and Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office, announced that on July 26, Ahmed Mahad Mohamed and Abdi Yemani Hussein, were arrested for conspiring to provide material support and resources to ISIS, a designated foreign terrorist organization.
According to the criminal complaint, the defendants had been in communication with an FBI undercover employee whom they believed was a supporter of ISIS ideology. These communications revealed the defendants’ desire to travel overseas in order to fight on behalf of ISIS or to conduct an attack within the United States if they were unable to travel. Ultimately, the defendants purchased airline tickets to travel to Egypt, with the intention to travel on to Sinai and join ISIS. FBI agents arrested Mohamed and Hussein after they checked in for their flight at the Tucson International Airport in Arizona.
According to court documents, both defendants came to the United States as refugees from Somalia. At the time of their arrest, Mohamed had obtained lawful permanent resident status and Hussein remained a refugee.
The prosecution is being handled by Kevin C. Hakala and Beverly Anderson, Assistant United States Attorneys in the District of Arizona, and Alicia Cook, Trial Attorney with the National Security Division’s Counterterrorism Section.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Tucson Man Convicted of Child Sexual AbuseRead the Press Release
TUCSON, Ariz. – Christopher James Preston, 52, of Tucson, Arizona, was found guilty of two counts of aggravated sexual abuse of a child by a federal jury in Tucson. The case was tried before U.S. District Judge James A. Soto on July 10-16, 2019. The defendant is being held in custody pending sentencing, which is currently set before Judge Soto on September 26, 2019.
The evidence at trial showed that in the summer of 1998, Preston sexually abused the 10-year-old victim at Preston’s home in Tucson, in the San Xavier District of the Tohono O’odham Nation. At the time, Preston was the victim’s coach in the Thornydale Little League. Preston is a member of the Tohono O’odham Nation.
A conviction for aggravated sexual abuse of a child carries a maximum penalty of lifetime incarceration.
The investigation in this case was conducted by the Tohono O’odham Police Department and the Federal Bureau of Investigation. The prosecution was handled by Matthew C. Cassell and Rui Wang, Assistant U.S. Attorneys, District of Arizona, Tucson.
Clarkdale Man Sentenced to 5 Years for Abusive Sexual Contact with a MinorRead the Press Release
PHOENIX – On July 15, 2019, Shush Naki Clark Couyancy, 28, of Clarkdale, Arizona, was sentenced by U.S. District Judge Steven P. Logan to 60 months in federal prison, followed by 15 years of supervised release. On April 29, 2019, Couyancy pleaded guilty to one count of Abusive Sexual Contact with a Minor.
On April 7, 2018, Couyancy, an enrolled member of the Yavapai-Apache Nation, knowingly engaged in sexual contact with the minor victim, who is also an enrolled member of the Yavapai-Apache Nation.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Yavapai-Apache Police Department. The prosecution was handled by Christina Covault, Assistant U.S. Attorney, District of Arizona, Phoenix.
Department of Justice Enables Direct Tribal Access to FBI National Sex Offender RegistryRead the Press Release
WASHINGTON, DC — The U.S. Department of Justice announced today a new tool giving tribal governments the ability to directly input data and gain access to the FBI’s National Sex Offender Registry (NSOR) using the Tribe and Territory Sex Offender Registry System (TTSORS). The system connection will be available to all tribal governments already participating in the Tribal Access Program (TAP), which allows information sharing between tribal and federal government criminal information systems.
TTSORS is a no-cost registry system provided by the Justice Department’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). The Department’s Office of the Chief Information Officer (OCIO) developed the connections which allows tribes to seamlessly submit new and updated sex offender information directly from TTSORS to NSOR.
“The Department of Justice is dedicated to addressing the public safety crisis in American Indian and Alaska Native communities, including the high rates of sexual violence against women and children,” said Attorney General William P. Barr. “Providing a direct connection to the FBI National Sex Offender Registry gives tribal law enforcement the information they need to investigate and prevent these heinous offenses.”
American Indian and Alaska Native people suffer persistently high rates of victimization, including from sexual assault. According to a 2016 study funded by the National Institute of Justice, more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner. In June, the department extended a deadline for tribes to apply for up to $167 million in federal funds through August 16, 2019, to support crime victims throughout Indian country.
“The direct connection between the National Sex Offender Registry and Tribe and Territory Sex Offender Registry System provides increased resources for identifying, tracking, and sharing information about persons convicted of committing these crimes,” said Gwendena L. Gatewood, Chairwoman of the White Mountain Apache Tribe of the Fort Apache Indian Reservation. “It will also allow for further improvements in providing a safer community for all involved to integrate tribal law, custom, tradition and practices in a comprehensive fashion consistent with holding offenders accountable.”
“Standing Rock has always had a priority of ensuring public safety,” said Mike Faith, Chairman of the Standing Rock Sioux Tribe. “Technological advances to our systems ensure that our SORNA staff are able to input offender information and get back in the field while ensuring compliance is maintained.”
The Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, requires that, when an offender initially registers or updates his or her information in a jurisdiction, that the state, tribe, territory or District of Columbia must submit immediately the information to NSOR as well as other jurisdictions where the offender has to register. TTSORS is a fully functioning registry system that complies with SORNA requirements. TTSORS was created to assist the Indian tribes that have elected to implement SORNA.
Since 2015, the SMART Office, OCIO, the FBI, the Office of Tribal Justice, Community Oriented Policing Services and the Office for Victims of Crime, have worked together to develop the Tribal Access Program to provide tribes direct access to national crime information systems for both criminal and non-criminal justice purposes. This includes the ability to directly enter NSOR data and enhance the capacity to collect and submit fingerprints and palm prints to the FBI. TAP has been instrumental in assisting tribes with ongoing implementation of SORNA. In fiscal year 2019, the department expanded TAP to 25 more tribes, for a total of 72 participating tribes.
Commerce Bank Robbery Defendants Sentenced to Substantial Prison TermsRead the Press Release
TUCSON, Ariz. – On June 25, 2019, Jovante Lamar Fryson II, 20, of Gardena, California and Amauje Jason Ferguson, 23, of Inglewood, California were sentenced by U.S. District Judge James A. Soto to serve nine years and seven years in prison, respectively. A third co-defendant, Tysheere Traymar Ford, 25, of Los Angeles, California was previously sentenced to twelve years for his participation in the same offense. All co-defendants previously pleaded guilty to bank robbery, and Fryson and Ferguson also pleaded guilty to conspiracy to commit bank robbery. All three defendants’ terms of imprisonment will be followed by three years of supervised release.
On June 29, 2018, after traveling to Tucson from California, Fryson, Ferguson and Ford planned and executed a robbery of the Commerce Bank of Arizona located on East Broadway Road. All three defendants entered the bank wearing ski masks and gloves, and ordered employees to the floor before physically forcing them to open a teller drawer and the bank vault. Multiple bank employees were injured during the robbery. After robbing the bank, the co-defendants fled in a stolen vehicle, leading a Tucson Police Department officer on a high-speed chase before crashing the getaway vehicle into an SUV. The co-defendants then fled on foot and hid in a nearby neighborhood, where they were ultimately arrested by Tucson Police Department.
The investigation in this case was jointly conducted by the Tucson Police Department and Federal Bureau of Investigation, Tucson. The prosecution was handled by Christopher J. Curran and Erica L. Seger, Assistant U.S. Attorneys, District of Arizona, Tucson.
Scottsdale Man Sentenced to Federal Prison for Sexual Abuse of a Minor and Domestic AssaultRead the Press Release
PHOENIX, Ariz. – This week, Andrew Orozco, of Scottsdale, Ariz., was sentenced by U.S. District Judge John J. Tuchi to 97 months of imprisonment to be followed by a lifetime term of supervised release. Orozco had previously pleaded guilty to sexual abuse of a minor and assault of an intimate partner or dating partner by strangulation.
The act of sexual abuse to which Orozco pleaded guilty was one of a series of sexual acts Orozco perpetrated against the same minor victim. The minor victim was a family member of Orozco’s adult dating partner, who eventually discovered evidence of the sexual abuse and confronted Orozco. When she did so, Orozco assaulted her, including by strangling her.
Each of Orozco’s crimes occurred on the Navajo Nation Indian Reservation. Both victims are enrolled members of the Hopi Tribe, and Orozco is an enrolled member of the Salt River Pima-Maricopa Indian Community.
The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
San Carlos Man Sentenced to 17.5 Years for Abusive Sexual Contact with a MinorRead the Press Release
PHOENIX – On June 20, 2019, Daniel James Salter, 20, of San Carlos, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to prison for 17.5 years followed by lifetime supervised release. Salter had previously pleaded guilty to Abusive Sexual Contact with a Minor.
On February 24, 2017, Salter, an enrolled member of the San Carlos Apache Tribe, sexually assaulted a minor victim, who is also an enrolled member of the San Carlos Apache Tribe.
The investigation in this case was conducted by the Bureau of Indian Affairs, the San Carlos Police Department and the Arizona Department of Public Safety. The prosecution was handled by Assistant U.S. Attorney Thomas Simon, District of Arizona, Phoenix.
Sells Man Sentenced to 31 Months' Federal Prison for Assault with a HammerRead the Press Release
TUCSON, Ariz. – On June 25, 2019, Eli Lawrence Manuel, 30, of Sells, Ariz., was sentenced by U.S. District Judge James A. Soto to 31 months of imprisonment to be followed by three years of supervised release. Manuel had previously pleaded guilty on March 6, 2019, to assault with a dangerous weapon.
On July 6, 2017, Manuel assaulted the victim, a pregnant woman, by striking her on her forehead and stomach with a hammer. The assault happened on the Tohono O’odham Nation Indian Reservation. Both Manuel and the victim are enrolled members of the Tohono O’odham Indian Tribe.
The investigation in this case was conducted by the Tohono O’odham Nation Police Department and the Federal Bureau of Investigation. The prosecution was handled by Raquel Arellano and Christopher J. Curran, Assistant U.S. Attorneys, District of Arizona, Tucson.
Inscription House Man Sentenced to Federal Prison for Assault on Family MemberRead the Press Release
PHOENIX, Ariz. – This week, Oliver Hurley, of Inscription House, Ariz., was sentenced by U.S. District Judge Dominic W. Lanza to 18 months of imprisonment to be followed by three years of supervised release. Hurley had previously pleaded guilty to assault with a dangerous weapon.
On November 5, 2018, Hurley attacked the victim with a piece of firewood, striking her several times and causing lacerations to her arm and head. The assault happened on the Navajo Nation Indian Reservation and Hurley is an enrolled member of the Navajo Nation.
The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
Pinon Man Sentenced to 15 Years’ Prison for Illegal Firearms PossessionRead the Press Release
PHOENIX – On June 17, 2019, Mardino Nathaniel George, 33, of Pinon, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 15 years’ imprisonment. George had previously pleaded guilty to two counts of illegal weapons possession in violation of the National Firearms Act.
George has a history of possessing illegal, homemade firearms on the Navajo Nation. On August 5, 2017, he was present at the scene of a violent crime while in possession of a pipe-gun destructive device capable of firing shotgun shells. On February 20, 2018, he was encountered by state and tribal law enforcement while in possession of another weapon, this time an altered rifle. George is a member of the Navajo Nation, and the offenses occurred on the Navajo Nation Indian Reservation.
Manufacturing or possessing these kinds of firearms is prohibited by federal law, and these crimes can carry very serious penalties. George was sentenced to 10 years’ prison for possessing the pipe-gun destructive device and 5 years’ prison for possessing the altered rifle, with the sentences for the two crimes to be served consecutively.
The investigation was conducted by agents of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.
Kentucky Man Sentenced to Life in Prison for First Degree MurderRead the Press Release
TUCSON, Ariz. – On June 17, 2019, Dana Louis Mattingly, 58, of Louisville, Kentucky, was sentenced by U.S. District Judge James A. Soto to life in prison.
On March 8, 2013, Mattingly, while serving a sentence for armed bank robbery, entered the cell of another inmate in the U.S. Penitentiary in Tucson, bound him, then choked and repeatedly stabbed him to death. Mattingly entered a plea of guilty to first degree murder on February 27, 2019.
The investigation in this case was conducted by the Federal Bureau of Investigation, in Tucson. The prosecution was handled by Carin C. Duryee and Carmen F. Corbin, District of Arizona, Tucson.
Tuba City Man Sentenced to Prison for Domestic AssaultsRead the Press Release
PHOENIX, Ariz. – On June 17, 2019, Kristopher Smith, of Tuba City, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to 48 months of imprisonment to be followed by three years of supervised release. Smith’s 48-month prison term is in addition to the 12 months of prison he previously served in tribal custody. Smith pleaded guilty to two counts of Assault of an Intimate Partner or Dating Partner by Strangulation and one count of Assault Resulting in Substantial Bodily Injury to an Intimate Partner or Dating Partner on February 27, 2019.
Smith assaulted the victim on August 11, 2015, November 22, 2016, and April 24, 2017. During each assault, Smith inflicted substantial or serious bodily injury, and on two of the three occasions, Smith strangled the victim.
The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
Parker Man Sentenced to Life in Prison for First Degree MurderRead the Press Release
PHOENIX – On June 18, 2019, Mickey Roy Anderson, Sr., 30, of Parker, Ariz., and a member of the Colorado River Indian Tribes, was sentenced by U.S. District Judge Douglas L. Rayes to life in prison, 10 years in prison to run consecutive to his life sentence, and seven years in prison to run concurrent to his life sentence. Anderson was found guilty by a federal jury on March 5, 2019 of first degree murder, use of a firearm during a crime of violence, and burglary of a residential structure.
The evidence at trial showed that on Jan. 23, 2014, Anderson walked into the victim’s home, stood a few feet from the victim and shot her in the face. The victim died almost instantly. Anderson was angry with the victim for purchasing drugs from another drug dealer in the community. The victim was also a member of the Colorado River Indian Tribes, and the murder happened on the Colorado River Indian Reservation.
The investigation in this case was conducted by the Bureau of Indian Affairs and the Colorado River Indian Tribes Police Department. The prosecution was handled by Christina J. Reid-Moore and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
Navajo Man Convicted of Seven Counts of Aggravated Sexual Abuse of a ChildRead the Press Release
PHOENIX – Bo Lane, 36, of Coppermine, Ariz., was found guilty of seven counts of aggravated sexual abuse of a child by a federal jury in Flagstaff, Ariz. on June 14, 2019. The case was tried before Chief U.S. District Judge G. Murray Snow. Lane will be sentenced on September 3, 2019.
The evidence at trial showed that between 2013 and 2017, Lane sexually abused two minor victims. The abuse started when the victims were six years old and took place on the Navajo Indian Reservation. Both Lane and the victims are members of the Navajo Nation.
Each conviction for aggravated sexual abuse of a child carries a mandatory minimum penalty of 30 years in prison, a maximum penalty of life in prison, and a $250,000 fine or both.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Police Department. The prosecution was handled by Assistant U.S. Attorneys Christina J. Reid-Moore and Dimitra H. Sampson, District of Arizona, Phoenix.
Chandler Man Imprisoned FOR SMUGGLING AND SELLING VIETNAMESE CIGARETTESRead the Press Release
PHOENIX –On June 10, 2019, Vien Tang, 49, of Chandler, AZ, was sentenced by U.S. District Judge David G. Campbell to 8 months in prison for Unlawful Importation of Tobacco.
From 2014 through May 2018, Tang and his then-wife, Lien Tang, 47, had Vietnamese cigarettes shipped from Vietnam to their home in Chandler. Approximately 8,000 cartons of cigarettes, which were concealed in packages designed to look like wrapped gifts, were delivered to the Tang home during the scheme. On a daily basis, Tang sold the smuggled cigarettes for cash out of the back of vehicles in parking lots of businesses in Mesa and Chandler. Tang frequently traveled to Vietnam to arrange for the cigarette shipments, and in his absence, Lien Tang handled daily sales.
Lien Tang previously pleaded guilty to the same charge and was sentenced to three years’ probation. The Tangs were ordered to pay more than $275,000 in restitution.
The investigation was conducted by the U.S. Postal Inspection Service, the Department of Homeland Security-Criminal Investigations, and the Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau. The prosecution was handled by Monica B. Edelstein, Assistant U.S. Attorney, District of Arizona, Phoenix.
Jury Unable to Reach a Verdict in Warren TrialRead the Press Release
TUCSON, Ariz. – On June 11, 2019, a jury was unable to agree upon a verdict in the trial of Scott Warren, 36, of Ajo, Arizona on charges relating to transporting and harboring illegal aliens. The case was tried before Senior U.S. District Judge Raner C. Collins from May 29, 2019 to June 7, 2019, with jury deliberations on June 7, 10, and 11, 2019.
Under the law, when a jury cannot reach a verdict, a mistrial results. The government may elect to retry the case when a jury cannot agree on a verdict.
Judge Collins has set a Status Conference in the case for July 2, 2019 at 9:40 a.m. The U.S. Attorney’s Office will make a decision on retrial prior to that hearing.
Defendant Found Guilty for Making False Statements in Garland Shooting InvestigationRead the Press Release
PHOENIX, Ariz. – On June 4, 2019, Abdul Khabir Wahid, 53, of Phoenix, was found guilty by United States District Judge John J. Tuchi of making a false statement to the FBI during an investigation involving international terrorism, in violation of 18 U.S.C. § 1001(a)(2), and tampering with a witness, in violation of 18 U.S.C. § 1512(b)(3). Wahid’s trial was held before Judge Tuchi from February 26, 2019 to March 1, 2019, after Wahid waived a trial by jury.
Wahid committed the offenses during the FBI investigation of the May 3, 2015, ISIS-related attack on the Muhammad Art Exhibit and Contest in Garland, Texas. Elton Simpson and Nadir Soofi drove from Arizona to Texas to conduct the attack, where they stopped their car near the contest location and began firing semiautomatic rifles at security personnel and law enforcement officers. One of their bullets struck and injured a security guard. Police officers shot and killed Simpson and Soofi during the firefight. Wahid did not travel to Texas and was not directly involved in the attack.
On May 1, 2015, just days before the attack, Simpson instructed Wahid to deliver a key and an envelope to a third person. During a May 6, 2015 interview with FBI agents, Wahid made false statements and concealed these facts, despite having delivered the key and envelope, as instructed by Simpson. Also, between May 4 and July 8, 2015, Wahid tried to persuade Soofi's brother not to speak with the FBI, to lie about seeing Simpson and Soofi with guns, and to lie about observing ISIS propaganda videos in Simpson's and Soofi's apartment.
Judge Tuchi found the delay “caused agents to apply scarce investigative resources to hunt for ‘needles in haystacks,’” and that Wahid’s false statement misdirected investigative assets, caused delays, and “in turn resulted in the agent’s failure to recover some evidence which was disposed of in the interim.”
“The guilty verdict for purposefully obstructing a terrorism investigation into an attack on our nation’s homeland in the name of ISIS, sends a strong message to those who support terrorists. Our office has an unwavering commitment to combatting terrorism and prosecuting all perpetrators who impede terrorism investigations and tamper with witnesses,” said U.S. Attorney Bailey. “I want to thank the FBI for the tremendous effort that went into the underlying investigation, as well as the brave law enforcement officials in Garland whose quick action during the attack prevented a much larger tragedy.”
Wahid is scheduled for sentencing on August 26, 2019, before Judge Tuchi. Wahid’s convictions carry a statutory maximum sentence of 28 years in prison.
The case was investigated by the FBI, and the prosecution was handled by Assistant U.S. Attorneys Kristen Brook and Joseph Koehler of the District of Arizona.
Violent Leader of Marijuana Trafficking Organization Sentenced to PrisonRead the Press Release
TUCSON, Ariz. --On June 3, 2019, Carlos Correa, 29, of Hereford, AZ was sentenced by Senior U.S. District Judge Raner C. Collins to 25 years in prison. Correa previously pleaded guilty to Conspiracy to Possess with Intent to Distribute more than 1,000 Kilograms of Marijuana and received sentencing enhancements for murdering a co-conspirator and for his leadership role in a marijuana trafficking organization. Correa is the last of eight federal defendants to be sentenced in this multi-agency investigation into a large marijuana smuggling enterprise.
The investigation into Correa’s drug smuggling enterprise began on June 18, 2015, after a traffic stop of a vehicle loaded with marijuana that had attempted to circumvent the Willcox Border Patrol checkpoint. A cell phone containing photographs and texts depicting and identifying firearms with obliterated serial numbers, illegal narcotics packaged for distribution, and large sums of U.S. currency was seized from the vehicle and determined to belong to Correa.
Over the next eight months, ATF, Border Patrol, and numerous southern Arizona law enforcement agencies worked together to investigate the drug smuggling enterprise led by Correa and the murder victim. The investigation resulted in the arrest of more than 20 co-conspirators for related offenses. Prosecutions were completed by the Arizona Attorney General’s Office, Cochise County Attorney’s Office, and the United States Attorney’s Office. Participating agencies seized over 4,000 pounds of marijuana and several firearms, including an AR-15 and an AK-47 with obliterated serial numbers.
On February 26, 2016, Correa murdered the victim and co-conspirator during a dispute involving marijuana load payments. Correa pled guilty to second-degree murder in Cochise County case number CR201600301, and was sentenced to 16 years’ imprisonment by Cochise County Superior Court Judge James Conlogue in that case.
The investigation in this case was conducted by ATF and U.S. Border Patrol in conjunction with the Arizona Department of Public Safety and the Sierra Vista Police Department. The federal prosecution was handled by Assistant U.S. Attorneys Adam D. Rossi and Rui Wang, District of Arizona, Tucson.
U.S. Attorney Announces Support to Anchorage as Part of the National Public Safety Partnership to Combat Violent CrimeRead the Press Release
Anchorage, Alaska – As the Department of Justice continues its efforts to fulfill President Donald J. Trump’s commitment to reducing violent crime in America, Attorney General William P. Barr today announced that the District of Alaska was selected to join the National Public Safety Partnership (PSP) initiative. PSP provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
“The Public Safety Partnership is a successful program that directs federal law enforcement resources to the cities where they can have the greatest impact,” Attorney General Barr said. “These resources help police departments to diagnose where crime is highest—and why—and to find, arrest and prosecute criminals. Several participating cities have already seen dramatic reductions in violent crime over the past two years. As we expand this program to 10 more cities across America, we are determined to replicate that success.”
The Justice Department created PSP and the Task Force on Crime Reduction and Public Safety in response to President Trump’s Feb. 9, 2017, Executive Order charging the agency with leading a national effort to combat violent crime. In June 2017, the Department of Justice announced the formation of the National Public Safety Partnership initiative.
To be considered for selection, a site must have sustained levels of violence that far exceed the national average and demonstrate a commitment to reducing crime. Cities must also display compliance with federal immigration requirements.
The 10 sites announced today are as follows:
- Anniston, Alabama
- Oxford, Alabama
- Anchorage, Alaska
- Davenport, Iowa
- Wichita, Kansas
- Baton Rouge, Louisiana
- Baltimore, Maryland
- Cleveland, Ohio
- Amarillo, Texas
- Harris County, Texas
“I congratulate Chief Doll and the Anchorage Police Department for their successful application to the PSP program,” said U.S. Attorney Schroder. “APD’s dedication to seeking all available resources to help stem violent crime in Anchorage is impressive. As the Attorney General discovered on his recent trip to Alaska, cooperation between federal, state, local, and tribal law enforcement agencies is as strong here as anywhere in the country. Designation as a PSP city will bring additional resources to help us protect the people of Anchorage, and make all Alaskans safer.”
“This new program adds additional horsepower to the strong existing partnership between the Anchorage Police Department and the Department of Justice,” said Chief Justin Doll. “It will be another tool in the ‘tool belt’ as Anchorage combats the increase in violent crime being felt across the country.”
Participating in PSP is consistent with the District of Alaska’s highest priority, which is fighting violent crime.
More than 30 cities have participated in PSP. The primary participating Justice Department components include the Office of Justice Programs, Office on Violence Against Women, Office of Community Oriented Policing Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, U.S. Drug Enforcement Administration and U.S. Marshals Service.
More information about PSP can be found at: http://www.nationalpublicsafetypartnership.org.
Chinle Man Sentenced to 10 Years’ Prison for Sexual AbuseRead the Press Release
PHOENIX – On May 28, 2019, Stanley Ray Tsosie, 29, of Chinle, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 10 years’ imprisonment, to be followed by a lifetime term of supervised release with sex offender registration, treatment, and testing. Tsosie had previously pleaded guilty to Sexual Abuse by Threat.
The victim reported to a family member that Tsosie had perpetrated the sexual abuse by placing the victim in fear for the victim’s own safety. Agents of the Federal Bureau of Investigation began an investigation, which led to Tsosie’s arrest and prosecution. Both Tsosie and the victim are members of the Navajo Nation, and the abuse occurred within the Navajo Nation Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.
Amado Man Sentenced to 6 Years for Planting Explosive Device That Activated, Causing InjuriesRead the Press Release
TUCSON, Ariz. – On May 22, 2019, Constantino Varela, 64, of Amado, Arizona was sentenced by U.S. District Judge James Soto to 72 months’ imprisonment. Varela pleaded guilty on August 1, 2018 to two counts of Unlawful Possession of an Unregistered Destructive Device, and one count of Possession of Firearms by a Convicted Felon.
Varela, suspecting vandals were breaking into a building on the property where he lived, built and planted an explosive device in the structure. The explosive device, containing metal balls and nails as added fragmentation, was connected to a pressure-activated switch mounted on the floor close to the building’s entrance. On September 17, 2017, an associate of Varela entered the building and stepped on the pressure-activated switch. The device exploded and sprayed the victim with shrapnel. A further search of the property uncovered three additional explosive devices.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Border Patrol, and the Santa Cruz County Sheriff’s Office. The prosecution was handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.
Podiatrist Sentenced to Prison for Medicare Fraud SchemeRead the Press Release
TUCSON, Ariz. – On May 17, 2019, Loren Wessel, 55, a resident of Tucson, was sentenced by United States District Judge James A. Soto for his role in a Medicare fraud scheme. Wessel had previously pleaded guilty to Health Care Fraud.
From 2008 through June 2016, Wessel, a licensed podiatrist, engaged in a scheme to defraud Medicare out of hundreds of thousands of dollars. In his plea agreement, Wessel admitted he submitted false claims to Medicare. As part of his practice, Wessel regularly provided routine podiatry care for patients at assisted living facilities in and around Tucson, but fraudulently billed Medicare for more complex and significantly more expensive services that he had not performed. To further his scheme and conceal the fraud, Wessel also falsely documented patients’ medical records with alleged ailments they did not have and with care Wessel did not provide.
In addition to serving a 24-month term of imprisonment, the Court ordered Wessel to pay $965,985 in restitution to the Centers for Medicare and Medicaid Services.
The investigation in this case was conducted by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. The prosecution was handled by the U.S. Attorney’s Office in Tucson.
CASE NUMBER: CR-17-00978-TUC-JAS (LCK)
RELEASE NUMBER: 2019-065_Wessel
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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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Inscription House Man Sentenced to over 8 Years’ Prison and Lifetime Supervised Release for Sexual Conduct with a Minor and Domestic Violence AssaultRead the Press Release
PHOENIX – On May 20, 2019, Justin Mannheimer, 31, of Inscription House, Ariz., was sentenced by U.S. District Judge Douglas Rayes to eight years’ imprisonment. Mannheimer had previously pleaded guilty to sexual conduct with a minor and domestic assault by strangling, a domestic violence offense.
Between Aug. 1, 2017 and Dec. 14, 2017, Mannheimer kept the victim, a minor, at his home -- at times without her consent. During this time frame he sexually assaulted and strangled the victim. Both Mannheimer and the victim were members of the Navajo Nation, and the offense occurred in Inscription House, on the Navajo Nation Indian Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorneys Sharon K. Sexton, District of Arizona, Phoenix.
CASE NUMBER: CR-18-8037-PCT-DLR
RELEASE NUMBER: 2019-067_ Mannheimer
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Oak Springs Man Sentenced to Seven Years’ Prison for Domestic ViolenceRead the Press Release
PHOENIX – Today, May 20, 2019, Shaun Gui Hale, 33, of Oak Springs, Ariz., was sentenced by U.S. District Judge John J. Tuchi to seven years’ imprisonment. Hale had previously pleaded guilty to domestic assault by strangling or suffocation, a domestic violence offense.
During the night of April 29-30, 2017, Hale perpetrated a prolonged assault against the victim while they were alone together in Hale’s residence. Hale repeatedly punched the victim, and also strangled her into unconsciousness, inflicting serious injuries. Both Hale and the victim were members of the Navajo Nation, and the offense occurred in Oak Springs, on the Navajo Nation Indian Reservation.
The investigation was conducted by agents of the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorneys William G. Voit and Krista J. Wood, District of Arizona, Phoenix.
CASE NUMBER: CR 17-08127-JJT
RELEASE NUMBER: 2019-066_Hale
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Owners of Tucson Home Health Care Business Sentenced to Prison for Medicare Fraud SchemeRead the Press Release
TUCSON, Ariz. – On May 15, 2019, Stephen Allen Lamont, 61, and Elvia Lorena Lamont, 51, were sentenced by Senior United States District Judge Cindy K. Jorgenson for their involvement in a Medicare fraud scheme. Lamont previously pled guilty to Health Care Fraud and his wife, Elvia Lamont, previously pled guilty to Misprision of a Felony.
Lamont received a sentence of 30 months in prison, and Elvia Lamont was sentenced to 13 months in prison.
From 2012 to 2015, the Lamonts owned and operated Ascension In Home Medical Care NP’s Group, Inc., a home health care business that provided services to the elderly. In his plea agreement, Lamont admitted that he knowingly submitted false claims for services to Medicare. Lamont fraudulently billed for services that were provided by nurses, medical assistants and a phlebotomist as if they had been performed by a medical doctor or nurse practitioner. Lamont also fraudulently billed at the highest complexity level in order to further pad the billings. On some occasions, Lamont forged the signature of a medical doctor or other Medicare-approved provider before the claims were submitted for reimbursement. Elvia Lamont admitted that she knowingly shared in the proceeds from the Medicare fraud scheme and concealed the scheme from authorities.
In addition to imprisonment, the Court ordered both defendants to pay $1,054,839 in restitution to the Centers for Medicare and Medicaid Services.
The investigation in this case was conducted by the Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. The prosecution was handled by the U.S. Attorney’s Office in Tucson.
Woman Sentenced to 35 Years in Prison for Murdering Six-Year-Old BoyRead the Press Release
PHOENIX, Ariz. – Yesterday, Latoya Leonardine Johnson, 25, of Ajo, Ariz., was sentenced by U.S. District Judge David G. Campbell to 35 years in prison followed by five years of supervised release for murdering a six-year-old boy on the Tohono O’odham Indian Reservation. Johnson previously pleaded guilty to Second Degree Murder.
On September 24, 2017, the Federal Bureau of Investigation, United States Border Patrol, and members of the Tohono O’odham Police Department began to search for the missing six-year-old victim. They ultimately located foot sign indicating an adult and a child had walked from the remote village into the desert. While following the foot sign, law enforcement came across the victim’s t-shirt and found a long wooden object. From there, the adult footprints continued along with what appeared to be drag marks. Ultimately, the footprints led law enforcement to discover the victim’s body.
Johnson, a member of Tohono O’odham, admitted to walking the victim, who lived nearby, into the desert and beating him with the wooden object, resulting in his death. The victim was also a Tribal member of Tohono O’odham.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Tohono O’odham Police Department. The prosecution was handled by Christine D. Keller and Anthony W. Church, Assistant U.S. Attorneys, District of Arizona, Phoenix.