District of Arizona

PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $312,608 in grant funds have been awarded to the Hopi -Tewa Women’s Coalition to End Abuse to increase awareness of domestic violence, enhance the response to violence against Indian women, and develop and promote policies and best practices among the tribes.  The grant funds were awarded by the Office on Violence Against Women (“OVW”), which is a component of the Department of Justice (“DOJ”).

     “This Justice Department grant will fund critical programs to enhance the safety and economic security of the victims of domestic violence in Northern Arizona, which includes the Hopi Reservation and extends over Coconino and Navajo Counties.” said U.S. Attorney Leonardo. “We encourage all agencies to be proactive and apply for future grant funding through our Office on Violence Against Women.”

Information about OVW and its programs can be found at: http://www.justice.gov/ovw.

 

RELEASE NUMBER:   2015-085_HOPI_TEWA_GRANT (2015-IW-AX-0012)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $400,000 in grant funds have been awarded to the DNA People’s Services to continue providing legal services, case evaluation, and representation to low-income victims.   The grant funds were awarded by the Office on Violence Against Women (“OVW”), which is a component of the Department of Justice (“DOJ”).

     “This funding will provide important, comprehensive legal services in support of victims of sexual assault, domestic violence, dating violence and stalking in and around the Navajo Nation.” said U.S. Attorney Leonardo. “We encourage all agencies to be proactive and apply for future grant funding through our Office on Violence Against Women.”

Information about OVW and its programs can be found at: http://www.justice.gov/ovw.

 

RELEASE NUMBER: 2015-083_DNA_PEOPLES_LEGAL_SVCS GRANT (2015-WL-AX-0031)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $550,000 in grant funds have been awarded to Northern Arizona University to encourage and build innovative and collaborative safety and accountability networks among stakeholders in Santa Cruz County.   The grant funds were awarded by the Office on Violence Against Women (“OVW”), which is a component of the Department of Justice (“DOJ”).

     “This significant amount of Justice Department funding will enhance awareness of and prevent domestic violence, dating violence, sexual assault, and stalking in rural communities, and increase the services available to the victims of those offenses.” said U.S. Attorney Leonardo. “We encourage all agencies to be proactive and apply for future grant funding through our Office on Violence Against Women.”

Information about OVW and its programs can be found at: http://www.justice.gov/ovw.

 

RELEASE NUMBER:   2015-081_N._AZ_UNIV_GRANT (2015-WR-AX-0033)

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JUSTICE DEPARTMENT AWARDS OVER $97 MILLION TO IMPROVE PUBLIC SAFETY AND VICTIM SERVICES FOR AMERICAN INDIANS AND ALASKA NATIVES

 

LOCAL ARIZONA TRIBAL AWARDS

     WASHINGTON, DC. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, members of Congress and Administration officials.

 

DISTRICT AWARDS:

Colorado River Indian Tribes                                                $915,168

Gila River Indian Community                                             $1,311,992

Hualapai Detention and Rehabilitation Center                   $1,037,227

Navajo Nation                                                                        $299,408

Quechan Indian Tribe                                                            $436,260

Salt River Pima-Maricopa Indian Community                        $511,080

San Carlos Apache Tribe                                                       $884,547

Tohono O'odham Nation                                                        $570,042

Yavapai-Prescott Indian Tribe                                                $202,098

     Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.

 

     American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services.  CTAS funding helps tribes to develop and strengthen  tribal justice systems’ response to crime, while significantly increasing programs and services available to  them.

     “The awards made to tribes in the District of Arizona today recognize the critical need to support our Indian Communities,” said U.S. Attorney John S. Leonardo. “The $6.1 million in federal grant monies will support our on-going effort to build safer communities by funding much needed services for community policing, public safety, tribal youth programs, violence against women prevention, and alcohol and substance abuse treatment.”

     “For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems.  This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”

A listing of today’s awards is available at www.justice.gov/tribal/.

A fact sheet on CTAS is available at /media/791821/dl?inline.

Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.

 

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RELEASE NUMBER: 2015-080_ CTA_2015_Grants     

 

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PHOENIX – On Sept. 15, 2015, Basil Edwin Williams, 20, of Sacaton, Ariz, a member of the Gila River Indian Tribe, was sentenced by U.S. District Judge Diane J. Humetewa to 102 months in prison, followed by a term of 15 years of supervised release.  Williams pleaded guilty on July 15, 2015 to aggravated sexual assault.

     On Sept. 4, 2014, within the Gila River Indian Community, Williams sexually assaulted the victim, also a member of the Gila River Indian Tribe, by choking and beating her to engage in a sexual act. 

     The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-14-1416-DJH          

RELEASE NUMBER:   2015-077_Williams

 

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PHOENIX – On Sept. 14, 2015, Grace Carol Dashee, 44, of Peach Springs, Ariz., a member of the Hualapai Indian Tribe, was sentenced by U.S. District Judge Neil V. Wake to 41 months in prison.  Dashee pleaded guilty on May 19, 2015 to assault resulting in serious bodily injury.

     On Nov. 7, 2014, within the Hualapai Indian Community, Dashee, who was intoxicated, became enraged with the victim, also a member of the Hualapai Indian Tribe, and struck him in the head with an axe.  The victim sustained permanent and life threatening injuries as a result of the assault.

     The investigation in this case was conducted by the Federal Bureau of Investigation and the Hualapai Nation Police Department.  The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-14-8223-NVW        

RELEASE NUMBER:   2015-078_Dashee

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $600,000 in grant funds have been awarded to the Catholic Community Services of Southern Arizona to continue providing immigration legal advice, case evaluation, and representation to victims residing in a five county service area in southern Arizona.   The grant funds were awarded by the Office on Violence Against Women (“OVW”), which is a component of the Department of Justice (“DOJ”).

     “This Justice Department grant will fund vital legal services to enhance the safety and economic security of the victims of domestic violence in Southern Arizona for a 36 month period.” said U.S. Attorney Leonardo. “We encourage all agencies to be proactive and apply for future grant funding through our Office on Violence Against Women.”

Information about OVW and its programs can be found at: http://www.justice.gov/ovw.

 

RELEASE NUMBER:   2015-076_CATHOLIC_COMM_SVC GRANT (2015-WL-AX-0030)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $40,786,191 has been awarded to the Arizona Department of Public Safety.  These funds will, among other things, be used to provide direct services to crime victims.  The funds were awarded by the Office for Victims of Crime (“OVC”), which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).

     “The Arizona Department of Public Safety is one of our key law enforcement partners, and we are pleased that the Department of Justice has allocated over $40 million in federal funds to supplement its important work in Arizona,” said Leonardo.  “We encourage all agencies to be proactive and apply for future law enforcement grant funding through our Office of Justice Programs.”

     "As the state's designated recipient of federal Victims of Crime Act Grants, the Arizona Department of Public Safety realizes that this year’s funding will surpass any level of funding that the agency has ever seen. Our employees also understand the responsibilities associated with this funding and  are working hard to distribute these funds to service those most in need” said Col. Frank Milstead, Director of the Arizona Department of Public Safety.

Additional information about OVC and its programs is available at:  http://www.ovc.gov/.

Information about OJP and its programs can be found at: http://www.ojp.usdoj.gov.

Learn more about the Arizona Department of Public Safety link: http://www.azdps.gov/.

 

RELEASE NUMBER:   2015-079_AZ _Dept_Pub_Safety (2015-VA-GX-0032)

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $282,014 in additional grant funds have been made available to the White Mountain Apache Tribe to support, maintain, and refine jurisdiction-wide programs and functions under the Sex Offender Registration and Notification Act (“SORNA”).  These funds will assist in improving victim notification services, providing educational services, and increasing service capacity.  The grant funds were awarded by the Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (“SMART”) Office, which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).

Information about OJP and its programs can be found at: http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-071_WHITE MTN GRANT (2015-AW-BX-0017)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $257,011 in additional grant funds have been made available to the Pascua Yaqui Tribe to support, maintain, and refine jurisdiction-wide programs and functions under the Sex Offender Registration and Notification Act (“SORNA”).  These funds will assist in improving victim notification services, providing educational services, and increasing service capacity.  The grant funds were awarded by the Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (“SMART”) Office, which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).

Information about OJP and its programs can be found at:http://www.ojp.usdoj.gov.

RELEASE NUMBER:   2015-072_PASCUA GRANT (2015-AW-BX-0020)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $175,270 in additional grant funds have been made available to the Hopi Tribe to support, maintain, and refine jurisdiction-wide programs and functions under the Sex Offender Registration and Notification Act (“SORNA”). These funds will assist in improving victim notification services, providing educational services, and increasing service capacity.  The grant funds were awarded by the Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (“SMART”) Office, which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).

Information about OJP and its programs can be found at: http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-073_HOPI TRIBE GRANT (2015-AW-BX-0013)

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PHOENIX – On Sept. 14, 2015, Richard Wayne Johnson, 49, of Surprise, Ariz., was sentenced by U.S. District Judge David Campbell to 18 months of imprisonment, followed by three years of supervised release, for embezzling nearly $275,000 from a local union for which he served as treasurer.  In June, Johnson pleaded guilty to embezzlement, forgery, and false reporting charges stemming from the embezzlement and its attempted concealment.

     “The United States Attorney Office will vigorously prosecute those who abuse positions of trust within unions to steal from its members,” said United States Attorney John S. Leonardo.  “Johnson’s actions were harmful to the hard-working members of the union and to this community, and they are deserving of a prison sentence.”

    Richard Johnson, formerly a bus driver, served as the financial secretary and treasurer for the Amalgamated Transit Union Local 1433 for seven years, ending in January of 2012.  The union consists of bus and light rail operators, mechanics, and service workers in Arizona; and the union is funded by dues collected from its members.  For several years, Johnson embezzled funds from the union for his personal use.  He pleaded guilty to using the union debit card for an abundance of personal purchases, such as a home theater system, and for cash withdrawals.  He also admitted to forging union checks written to himself or to family members.  To conceal the embezzlement, Johnson doctored the union’s financial records and then provided those false records to the U.S. Office of Labor-Management Standards in periodic reports.  As part of his sentence, Johnson was also ordered to pay restitution of $273,489 – the amount of the embezzled funds.   

     The investigation in this case was conducted by the U.S. Department of Labor Office of Labor-Management Standards and the IRS-Criminal Investigation.  The prosecution was handled by Monica Klapper, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-15-00653-PHX-DGC

RELEASE NUMBER:   2015-075_Johnson

 

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PHOENIX – Yesterday, Kaleb Matias Wiewandt, 36, of Los Angeles, Calif., was sentenced by United States District Judge Susan R. Bolton to 51-months in prison and ordered to pay $1.1 million in restitution.  Wiewandt previously pled guilty to conspiracy to commit mail and wire fraud for conspiring with others to steal several million postage stamps from the United States Postal Service.

     “The defendant’s elaborate scheme to steal postage stamps from dozens of post offices was a significant offense that warranted a lengthy prison sentence,” said U.S. Attorney John S Leonardo.

     "The health and success of the Postal Service depends upon strong and aggressive revenue protection," said Robert Wemyss, Inspector in Charge, Los Angeles Division.  "The U.S. Postal Inspection Service will continue to identify and pursue criminals who deliberately avoid proper payment of postage."

     Between May 2013 and April 2015, Wiewandt actively participated in a conspiracy to steal large numbers of postage stamps from various post offices in the United States.   To execute the fraud, Wiewandt would set up a fictitious business by renting temporary office space, developing a business name and insignia, and creating a variety of business related documents such as business checks, invoices, and business cards.   In nearly every case, the fictitious business invoice was transmitted to the post office to convey the false impression that a local business was seeking to purchase postage stamps in an amount that was between a few thousand dollars to approximately $21,000.  If the post office accepted the invoice, Wiewandt would send a third-party courier to the post office with a fictitious business check.  Postal clerks who called the phone numbers on the fictitious business invoice or check would be assured of the legitimacy of the transaction by Wiewandt or some other co-conspirator.

     The investigation in this case was conducted by the United States Postal Inspection Services.  The prosecution was handled by Raymond K. Woo, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-15-0633-PHX-SRB

RELEASE NUMBER:   2015-074_ Wiewandt

 

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PHOENIX – Today, Alex Sualim, 44, of Toronto, Canada, was sentenced by U.S. District Judge Susan R. Bolton to 12.5 years (150 months) in prison and ordered to pay over $13 million in restitution.  Sualim previously pleaded guilty to conspiracy to commit wire fraud.

     “We want to thank our law enforcement partners for their diligence during this multi-year investigation, which resulted in the successful identification, arrest, and prosecution of a foreign national who was using advanced technological tools to prey on American victims,” stated U.S. Attorney John S. Leonardo.  “We remain committed to aggressively prosecuting those who would engage in fraud and cyber-crime.”

     “The defendant operated a sophisticated, international fraud scheme that spanned four continents and swindled millions of dollars from more than a dozen victims.  The lengthy prison sentence reflects the severity of his egregious crimes.  IRS-CI will continue to work with its international law enforcement partners to investigate transnational organized crime,” stated IRS-Criminal Investigation (IRS-CI) Special Agent in Charge Ismael Nevarez Jr.

      “The defendant wrongly believed being outside the United States gave him the freedom to carry out his criminal activities.   The FBI remains committed to pursue these criminals wherever they may hide.  This case is a fine example of the partnership the FBI has with our international law enforcement partners through our legal attaches, as well as with domestic law enforcement agencies-all working together to bring justice on behalf of our citizens.”  stated FBI Special Agent in Charge Douglas Price.

     Between 2009 and 2013, Sualim helped operate a fraud scheme that spanned four continents and duped more than a dozen victims out of more than $13 million.  The scheme’s details were unusually sophisticated.  First, Sualim would create a website for a Canadian company that purported to manufacture semiconductor chips.  Next, Sualim would create passports, email accounts, and toll-free phone numbers for the Canadian company’s supposed employees.  And next, Sualim would send millions of solicitation emails—on behalf of the supposed Canadian employees—to Americans whose email addresses he’d purchased from a spam vendor.  These emails would explain that the Canadian company needed a product called “silicon germanium” to manufacture its semiconductor chips, that the company wished to enlist an American distributor to obtain the product from China, and that the Canadian company would cover the entire upfront cost of the product.  If a victim expressed interest in this seemingly risk-free arrangement, he would be sent a series of additional emails accompanied by professional-looking purchase orders, proposed contracts, and other documents designed to give the transaction a veneer of legitimacy.  Finally, on the eve of the first shipment from China, the victim would be told that the Canadian company’s financing had unexpectedly fallen through and that the American distributor needed to supply some of the upfront cost, after all.

     If a victim agreed to this new arrangement, he’d be told how to wire his portion to an overseas bank account (typically located in Cyprus, Greece, Hong Kong, or China).  Next, Sualim would arrange for a supposed employee of the Chinese manufacturer (who, in reality, was one of Sualim’s co-conspirators) to call or email the victim and explain that his company had just been purchased by a new parent company that required a larger minimum order.  These victims were told they needed to wire more money to the overseas bank account in order to complete the first order.  Many victims fell for this ruse and sent more money (sometimes several times).  Finally, in the last iteration of the scheme, Sualim would arrange for large packages to be shipped to victims, who were told the packages contained the silicon germanium but were cautioned not to open the packages because silicon germanium is a highly-unstable material that can only be handled in a sterile laboratory environment.  In fact, the packages were filled with worthless filler material.  Nevertheless, some victims fell for the ruse, believed they were receiving the contracted-for product, and kept wiring more money to the designated overseas bank account in the hope of obtaining more shipments.  Once victims discovered they were being scammed and demanded answers, their supposed Chinese and Canadian counterparts would simply stop responding to emails and phone calls.

     During the operation of the scheme, Sualim—a college-educated electrical engineer who hails from Nigeria—lived in a multi-million dollar waterfront home in Toronto and had a fleet of luxury vehicles, including a Porsche, a Mercedes, and a Tesla that cost more than $100,000.  Under his plea agreement, Sualim agreed to liquidate, for the benefit of victims, more than $2 million of Canadian assets.

     The investigation in this case was conducted by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation, with assistance from the Royal Canadian Mounted Police.  The prosecution was handled by Dominic Lanza and Peter Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-13-1515-PHX-SRB

RELEASE NUMBER:   2015-070_Sualim

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PHOENIX – Yesterday, David Peter Calik, Jr., 55, of Yuma, Ariz., was sentenced by U.S. District Judge David G. Campbell to 96 months in prison, followed by a term of lifetime supervised release.  Calik pleaded guilty on May 1, 2015 to distribution of child pornography.

     According to court documents, on Sept. 20, 2013, Calik distributed two images of child pornography.  During the investigation it was discovered that Calik possessed 13,180 images and 347 videos of child pornography.

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

The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-14-1631-PHX-DGC

RELEASE NUMBER:   2015-069_Calik

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $339,277 in additional grant funds have been made available to the City of Tucson in support of law enforcement programs, which include personnel, overtime, and equipment, with the goal of reducing crime and increasing officer and public safety.  The grant funds were awarded by the Bureau of Justice Assistance (“BJA”), which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).

Additional information about BJA and its programs is available at:  https://www.bja.gov/Default.aspx

Information about OJP and its programs can be found at:http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-068_CITY_OF_TUCSON (2015-DJ-BX-0945)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $497,062 in additional grant funds have been made available to the Tucson City Court in support of its Domestic Violence Court, with the goal of administering justice, strengthening services to victims of violence, and reducing violence against women.  The grant funds were awarded by the Office on Violence Against Women, a component of the U.S. Department of Justice.

     “I am pleased to announce that the Justice Department has awarded such significant funding to the Tucson City Court. This grant will enable the Tucson City Court to provide assistance that is crucial to families that find themselves in the court system struggling to recover and heal from the devastation of domestic violence.” said U.S. Attorney John S. Leonardo.  “We encourage all agencies to be proactive and apply for future grant funding through our Office on Violence Against Women.”

Additional information about the Office on Violence Against Women and its programs is available at:  http://www.justice.gov/ovw.

Information about the U.S. Department of Justice and its programs can be found at:http://www.justice.gov/.

 

RELEASE NUMBER:   2015-067_TUCSON C. COURT GRANT (2015-FJ-AX-0008)

 

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Two men were convicted today following a five-day jury trial in the District of Arizona for the sexual assault of a 17-year-old female in Landstuhl, Germany.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney John S. Leonardo of the District of Arizona, Special Agent James Boerner of the U.S. Army Criminal Investigative Command (CID), Special Agent in Charge Douglas G. Price of the FBI’s Phoenix Division and Assistant Director in Charge Andrew McCabe of the FBI’s Washington, D.C., Field Office made the announcement.

Joseph S. Martin, 20, of Peoria, Arizona, and Christopher J. Heikkila, 21, a U.S. citizen residing in Weilerbach, Germany, were each convicted of one count of sexual abuse and one count of abusive sexual contact.  The sentencing hearing for Martin and Heikkila is scheduled for Nov. 16, 2015, before U.S. District Judge David G. Campbell of the District of Arizona, who presided over the trial.

According to the evidence presented at trial, on or about Oct. 19, 2013, Martin and Heikkila sexually assaulted a 17-year-old female in Landstuhl while she was incapacitated.  At the time, Martin and Heikkila were employees of the Army & Air Force Exchange Service on Ramstein Air Force Base in Ramstein, Germany, as well as dependents of civilian employees of the military.  The Military Extraterritorial Jurisdiction Act gives U.S. federal courts jurisdiction over felonies committed abroad by certain persons employed by or accompanying the U.S. military.

The trial evidence showed that, beginning on or before Oct. 13, 2013, Martin and Heikkila used social media websites to post comments and exchange a series of messages specifically targeting the victim and planning the sexual assault.  The evidence further demonstrated that two men continued discussing the assault on social media after it occurred.

The case was investigated by Army CID and the FBI’s Phoenix Division and Washington Field Office.  The case is being prosecuted by Trial Attorneys Christine Duey and Michael Sheckels of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Joseph E. Koehler of the District of Arizona.

PHOENIX – Yesterday, Kenneth Wayne Morgan, Jr., 38, of Blackwater, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 108 months in prison. On April 30, 2015, Morgan was found guilty by a jury of assault resulting in serious bodily injury.   

     On Jan. 29, 2014, Morgan entered a home on the Gila River Indian Community and stabbed a man in the head, causing a 10 cm. gash from the victim’s temple through his ear.  The victim was air-evacuated to a local hospital where he was treated for the life threatening injury.  Both Morgan and the victim 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 Raynette Logan and Brooke Mickelson, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-14-01126-PHX-GMS

RELEASE NUMBER:   2015-066_Morgan

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $214,481 in additional grant funds will be made available to the Tohono O’odham Nation to support, maintain, and refine jurisdiction-wide SORNA programs and functions.  These funds will assist in improving victim notification services and in increasing service capacity by hiring a SORNA specialist. The grant funds were awarded by the Bureau of Justice Assistance (“BJA”), which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).

     “We are committed to protecting the public from convicted sex offenders and offenders against children,” said U.S. Attorney Leonardo.  “We encourage all agencies to be proactive and apply for future grant funding through our Office of Justice Programs.”

Additional information about BJA and its programs is available at:  https://www.bja.gov/Default.aspx

Information about OJP and its programs can be found at:http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-065_TOHONO O GRANT (2015-AW-BX-0011)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $25,189 in additional federal funds has been awarded to the Cochise County Sheriff’s Office to fund equipment for law enforcement, with the goal of preventing and controlling crime and increasing officer safety.  The grant funds are supplied by the Bureau of Justice Assistance (“BJA”), which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).  

     “These funds support the basic operational law enforcement needs of the county,” said U.S. Attorney John S. Leonardo.  “This grant will enhance Cochise County’s efforts to increase officer readiness, reduce crime, and increase public safety.  We encourage all agencies to be proactive and apply for future law enforcement grant funding through our Office of Justice Programs.”

Additional information about BJA and its programs is available at: https://www.bja.gov/Default.aspx

Information about OJP and its programs can be found at:http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-064_COCHISE GRANT (2015-DJ-BX-0975)

 

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TUCSON, Ariz. – Yesterday, Christopher James Preston, 48, of Tucson, Ariz., a member of the Tohono O’odham Nation, was found guilty of two counts of aggravated sexual abuse of a child by a federal jury. The case was tried before U.S. District Judge James A. Soto on Aug. 10-18, 2015. Preston is being held after trial and is set for sentencing on Oct. 26, 2015.

            The evidence at trial showed that in the summer of 1998, Preston sexually abused the minor victim on the Tohono O’odham reservation. At the time, Preston was the victim’s little league coach.

            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.

 

CASE NUMBER:                  CR-13-1851-TUC-JAS-BPV

RELEASE NUMBER:           2015-063_Preston

 

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PHOENIX– Today, Raul Gutierrez-Cisneros, 43, of Phoenix, Ariz., pleaded guilty to possession with intent to distribute methamphetamine.

             In this Organized Crime Drug Enforcement Task Force-led (OCDETF) undercover investigation, Gutierrez-Cisneros engaged in negotiations in February 2015 during which he agreed to sell 60 pounds of methamphetamine. Soon afterward, Gutierrez-Cisneros arranged for two of his associates, one of whom chose to bring a loaded Browning 9mm pistol, to deliver approximately 18 pounds of methamphetamine to a Phoenix hotel.  Upon their arrival at the hotel, the FBI arrested all three men and seized the methamphetamine and the pistol.

            Gutierrez-Cisneros’s conviction for possession with intent to distribute methamphetamine carries a maximum penalty of life in prison, a maximum fine of $10,000,000, or both.         

Sentencing is set before Judge Susan R. Bolton on Nov. 2, 2015 at 1:30 P.M.

            The OCDETF investigation in this case was conducted by the Federal Bureau of Investigation and Homeland Security Investigations. The prosecution is being handled by Don Pashayan, Assistant U.S. Attorney, and Dominique Park, Special Assistant U.S. Attorney and Immigration and Customs Enforcement Assistant Chief Counsel, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-15-00335-001-PHX-SRB

RELEASE NUMBER:   2015-062_Gutierrez-Cisneros

 

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PHOENIX – Dr. Bashir Azher, M.D., 69,  an Arizona-licensed physician practicing in Bullhead City, Ariz., has agreed to pay the United States $207,988 to resolve civil allegations that he violated the federal False Claims Act by submitting false bills to Medicare for prostate laser ablation procedures, commonly known as Green Light prostatectomies.        

     “This settlement is the latest of our office’s longstanding and ongoing efforts to protect taxpayer dollars and recoup them when misappropriated,” said United States Attorney John S. Leonardo.

     “When physicians fail to meet professionally recognized standards of care while providing medically unnecessary procedures, taxpayers’ dollars are wasted and the public’s trust in the medical profession is at risk,” said Timothy B. DeFrancesca, Acting Special Agent in Charge for the Los Angeles Region of the United States Department of Health and Human Services, Office of Inspector General. “Our agents will continue to hold health care providers accountable for improper claims.”

     The settlement agreement resolves allegations that from February 2006 through July 2014, Dr. Azher knowingly submitted materially false claims for reimbursement for prostate laser ablation procedures that were too short to generate a therapeutic benefit, failed to meet professionally recognized standards of care, were medically unnecessary, and/or violated applicable Medicare regulations.  The settlement is neither an admission of liability by Dr. Azher nor a concession by the United States that its claims are unfounded.

     The settlement resolves a lawsuit filed in June 2014 by Dr. Arnaldo Trabucco, M.D., 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.  The case was filed in the United States District Court for the District of Arizona and is captioned United States ex rel. Trabucco v. PHC Fort Mohave, Inc., et al. (CV-14-8094-PCT-DGC).  Dr. Trabucco will receive a share of the settlement payment that resolves the qui tam suit he filed.

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

 

CASE NUMBER:           CV-14-8094-PCT-DGC

RELEASE NUMBER:   2015-061_ Azher

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $42,924 in additional grant funds would be made available to law enforcement offices in Yuma to support internet access, with the goal of reducing crime and increasing officer safety.  The grant funds were awarded by the Bureau of Justice Assistance (“BJA”), which is a component of the Department of Justice’s Office of Justice Programs (“OJP”). 

     “Supporting our local law enforcement agencies throughout Arizona is a primary goal of our office,” said U.S. Attorney John S. Leonardo.  “We encourage all agencies to be proactive and apply for future grant funding through our Office of Justice Programs.”

Additional information about BJA and its programs is available at:  https://www.bja.gov/Default.aspx

Information about OJP and its programs can be found at: http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-058_YUMA GRANT (2015-DJ-BX-0578)

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that $952,411 in additional federal funds has been awarded to Maricopa County to fund personnel, equipment, supplies, consultants, and contractors to support probation, prosecution, enforcement, forensic, and prevention programs, with the goal of preventing and controlling crime and increasing officer safety.  The grant funds are supplied by the Bureau of Justice Assistance (“BJA”), which is a component of the Department of Justice’s Office of Justice Programs (“OJP”).

     “These funds support the basic operational needs of the county,” said U.S. Attorney John S. Leonardo.  “This grant will enhance Maricopa County’s efforts to reduce crime and increase public safety.  We encourage all agencies to be proactive and apply for future law enforcement grant funding through our Office of Justice Programs.”

Additional information about BJA and its programs is available at: https://www.bja.gov/Default.aspx

Information about OJP and its programs can be found at:http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-059_MARICOPA GRANT (2015-DJ-BX-0227)

 

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PHOENIX – Yesterday, Blain Arno Pannell, 44, of Taylorsville, Utah, was sentenced by U.S. District Judge Susan R. Bolton to 30 months’ imprisonment and required to register as a sex offender.  Pannell previously pleaded guilty to one count of sexual abuse.

        “Today’s outcome is a testament to the dedicated work of the National Park Service in diligently investigating a pattern of misconduct that had occurred many years earlier,” said U.S. Attorney John S. Leonardo.  “The conviction and sentence should help bring some measure of justice to the victims.”

         The evidence presented at sentencing indicated that, beginning around 2002, the defendant engaged in a sexual relationship with his then 16-year-old niece.  On one occasion in June 2002, the defendant took his niece and a 17-year-old nephew out on his boat on Lake Powell, provided them with alcohol and marijuana, and then engaged in sexual contact with both of them.  The matter was not reported to law enforcement until 2010.

         The investigation in this case was conducted by the National Park Service, Investigative Services Branch.  The prosecution was handled by Assistant United States Attorneys Patrick Schneider and Dimitra Sampson. 

 

CASE NUMBER:           CR-14-08158-SRB        

RELEASE NUMBER:   2015-057_Pannell

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PHOENIX – Governor Ducey recently announced that $557,000 in additional funds would be made available to the sheriff’s offices in Yuma and Cochise Counties to assist with the cost of border law enforcement.

          Law enforcement along the border is also a high priority of the U.S. Department of Justice (“DOJ”) and the U.S. Attorney’s Office for the District of Arizona.  Since 2010, Yuma County was awarded over $3 million in grant money from the DOJ and Cochise County was awarded over $200,000 in such grant money.  The four border counties in Arizona received additional law enforcement support in the form of millions of dollars in DOJ grants and other federal funding since 2010.

               

RELEASE NUMBER:   2015-055_AZ GRANTS

 

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PHOENIX – Today, U.S. Attorney John S. Leonardo announced that the Rocky Mountain Information Network (“RMIN”), which is based in Phoenix, Ariz., has been chosen to receive a $4,065,855 grant from the Office of Justice Programs, which is a component of the U.S. Department of Justice.

        The RMIN offers a variety of services and support to federal, state, tribal, and local law enforcement agencies in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, Wyoming, and parts of Canada.  These services and support include a secure information-sharing and communications system.  The RMIN supports efforts to eradicate organized and violent crime, gang activity, terrorism, human trafficking, identity theft, and other regional priorities.

        “It is extremely rewarding to see that, despite this time of financial constraints, we are able to continue to support the highest priorities of our regional law enforcement partners,” stated U.S. Attorney John S. Leonardo.  “This award recognizes the continued need for greater collaboration between law enforcement agencies at every level.  I congratulate the Rocky Mountain Information Network on this well-deserved award.”

 

Additional information about BJA and its programs is at: https://www.bja.gov/Default.aspx

Information about OJP and its programs can be found at: http://www.ojp.usdoj.gov.

 

RELEASE NUMBER:   2015-056_Rocky Mtn. Grant

 

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TUCSON, Ariz. – Yesterday, Victor Corral, Jr., 36, of Tucson, Ariz., was sentenced by U.S. District Judge Cindy K. Jorgenson to 235 months’ imprisonment.  Corral previously pleaded guilty to conspiracy to possess with intent to distribute heroin (greater than 90 kilograms) and conspiracy to launder monetary instruments.

            A joint state and federal task force investigation into a Mexican based drug trafficking organization led to the identification of co-conspirators working out of Tucson, Ariz. The Tucson cell of the organization was responsible for the importation and distribution of kilogram quantities of heroin throughout the western United States, including Denver, Colo. and Portland, Ore. Working from Tucson, Corral supervised and managed other co-conspirators in the importation and further distribution of that heroin. Additionally, Corral was responsible for receipt, transport, and smuggling of the bulk cash drug proceeds in excess of a million dollars back into Mexico. Much of the heroin imported and distributed by Corral and the drug trafficking organization, was “white” heroin, with the last seizure in the case weighing approximately 89 pounds with a purity of 90%.

          The investigation in this case was conducted by DEA-Tucson, HSI-Tucson, Tucson Police Department, and the Counter Narcotics Alliance. The prosecution was handled by Anthony E. Maingot, Assistant U.S. Attorney, District of Arizona, Tucson.

 

CASE NUMBER:           CR-14-01156-CKJ (CRP)

RELEASE NUMBER:   2015-054_Corral

 

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FLAGSTAFF, Ariz. – Viktor Lisnyak, 29, of Staten Island, N.Y., was arrested by federal agents on July 17, 2015, and charged via complaint with five counts of transmitting threatening communications in interstate commerce.

            The affidavit supporting the complaint alleges that, on multiple occasions between March 2015 and May 2015, an unknown caller placed telephone calls to elementary schools in Flagstaff, Ariz., and threatened to “kill the children.”  The affidavit further alleges that, even though this caller used fictitious names and fictitious email accounts in an attempt to conceal his true identity, investigators were eventually able to identify the defendant, Mr. Lisnyak, as the person who placed the calls. 

            Each violation is punishable by a maximum term of imprisonment of five years, a maximum fine of $250,000, 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.

            The investigation in this case was conducted by the Flagstaff Police Department and the Federal Bureau of Investigation.  The prosecution is being handled by Camille Bibles, Assistant U.S. Attorney, District of Arizona.

 

CASE NUMBER:                  MJ-15-004179-PCT-DMF

RELEASE NUMBER:           2015-053_Lisnyak

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PHOENIX – Today, Marie Ann Stoltz, 38, of Phoenix, Ariz., was sentenced by U.S. District Judge John J. Tuchi to 21 months’ imprisonment and ordered to pay $408,021 in restitution. Stoltz’s husband, Mark Edwin Stoltz, 44, of Phoenix, Ariz., was sentenced to 9 months of home confinement and also ordered to pay $408,821 in restitution. Both defendants previously pleaded guilty to conspiracy to commit wire fraud.

     Ms. Stoltz abused her position as the treasurer and secretary of the Arizona Light & Life Conference of the Free Methodist Church to fraudulently obtain over $423,000. In the course of the scheme, she drafted over $79,000 in Conference checks made payable to her spouse, many of which he endorsed, and also used the Conference’s credit cards for personal expenses. As a result of fraud, the Conference was forced to cease operations, another conference was required to assume the Conference’s responsibilities, and three Conference employees lost their jobs. As of sentencing, the Stoltzes had repaid $15,063 to the Conference.

     The investigation in this case was conducted by the Federal Bureau of Investigation with assistance from the Phoenix Police Department and the Arizona Department of Public Safety. The prosecution was handled by Frederick A. Battista, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER: CR-15-444-PHX-JTT

RELEASE NUMBER: 2015-052_Stoltz

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TUCSON, Ariz. – On July 8, 2015, Scott William Acorn, 43, of Nogales, Ariz., was sentenced by U.S. District Judge Cindy K. Jorgenson to a total of 78 months imprisonment and ordered to pay $415,000 in restitution.  Acorn pleaded guilty on March 31, 2015, to conspiracy, filing false claim for refund, wire fraud, and aggravated identity theft.

     Acorn and another individual together acquired the personal identification information (name, birthdate, and social security number) of approximately 1,117 individuals. Using this information, Acorn and his co-defendant electronically filed false tax returns for these individuals seeking refunds of approximately $1,000 on each return. The individuals whose information was used were unaware of the returns being filed in their name.  For tax years 2010 and 2011, the conspirators sought over a million dollars in fraudulent refunds which resulted in a payout of $414,000 by the United States Treasury.

     Acorn’s sentence was enhanced by his admission that he fled to Mexico while on pre-trial release in 2012 and continued to file false tax returns in much the same manner as before.  In September of 2014, he was discovered and returned to the United States to face prosecution.

     The investigation in this case was conducted by Internal Revenue Service, Criminal Investigation, Tucson. The prosecution was handled by the U.S Attorney’s Office for the District of Arizona, Tucson.

CASE NUMBER:           CR-12-1293-CKJ-JR     

RELEASE NUMBER:   2015-051_Acorn

 

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PHOENIX – On June 29, 2015, Vernon Smith, 53, of Phoenix, Ariz. was sentenced by U.S. District Judge Susan R. Bolton to 144 months in federal prison on fraud charges and ordered to pay restitution to the victims.  Earlier this year, Smith pleaded guilty to committing wire fraud by defrauding six Arizona investors out of approximately $229,000 in a variety of investment scams.  When Smith committed these crimes, he was on supervised release in a second federal fraud case prosecuted in Oregon and on probation for a third fraud case prosecuted by the State of Arizona.

                 “The U.S. Attorney’s Office is committed to protecting the investing public from fraud, particularly from serial financial predators like Vernon Smith.  This lengthy sentence should serve as a strong deterrent to others who would defraud the public,” stated United States Attorney John Leonardo.  Mr. Leonardo thanked the FBI for their hard work and dedication through the course of the investigation and prosecution.  “The number of victims and losses would have increased exponentially if the FBI hadn’t detected the criminal activity and acted quickly to end it,” stated Mr. Leonardo.

                 From October of 2013 to June of 2014, Smith – then a two-time convicted felon with no legitimate financial education or experience – posed as a wealthy, retired investment banker, residing in a 10,000 square foot Scottsdale home and driving an Aston Martin Vantage.  He convinced six Phoenix-area victims to invest in either an African gold-mine venture or foreign bonds, both bogus investments.  He used the victims’ money to support his lavish lifestyle and, at times, he used later victims’ money to make payments to earlier victims.  Smith ultimately attempted to defraud an FBI undercover operative, and he was indicted and arrested in August of 2014.  After serving his 144-month and 7-month federal prison sentences, Smith faces probation revocation proceedings and prison time in state court arising out of a state court conviction for fraud he committed in 2002.

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

 

CASE NUMBER:           CR-14-01108-PHX      

RELEASE NUMBER:   2015-050_Smith

 

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PHOENIX – Yesterday, Julio Cesar Esquivel Reyes, 41, of Tolleson, Ariz. was sentenced by Senior U.S. District Judge Roslyn Silver to five years in prison and ordered to pay $568,413 in restitution. Reyes previously pleaded guilty to conspiracy to commit wire fraud.

            “Mortgage fraud is a serious offense that has detrimental effects on the economy as a whole.  The facts of this case are especially egregious because the defendants used their affiliation with a church to further the crime,” said U.S. Attorney John S. Leonardo. “This sentence and that of Pastor Tovar send a solid message that those engaging in such actions will be prosecuted and incarcerated.”

            “Schemes like this that undermine our financial system and lead to millions of dollars in losses impact consumers at all levels,” said Matt Allen, special agent in charge for HSI Arizona. “That’s why HSI will continue to work with its enforcement partners to ensure that those who engage in high-dollar fraud schemes pay a price to pay for their crimes.”

            Reyes, a former realtor, and his co-conspirators embarked on an 11-year mortgage fraud scheme that resulted in losses just under $2 million.  Among other things, the defendants provided false information to lenders and used straw buyers to perpetrate the scheme.  During the course of the conspiracy, the defendants obtained at least 14 loans on 11 properties that totaled over $3 million and resulted in nine foreclosures.  A portion of the scheme was co-led by Pastor Luis Antonio (“Tony”) Maldonado Tovar of Grupo Amistad church.  By misrepresenting that the proceeds would be used to benefit the church, Tovar and Reyes recruited members and affiliates of Grupo Amistad church in Phoenix to act as straw buyers for a number of the fraudulent transactions.  Tovar was previously sentenced to 33 months imprisonment for his role in the offense.  He was ordered to self-surrender to serve his sentence on Jan. 20, 2015, but failed to appear and remains at large - any information on Tovar’s whereabouts should be reported to the U. S. Marshals Service at 1-800-336-0102 or usms.wanted@usdoj.gov.  Picture attached.

             Also sentenced in this case were Evangelina Gardner (14 months’ imprisonment) and Reyes’s father, Andres Esquivel (12 months’ imprisonment).

             The investigation in this case was conducted by the Department of Homeland Security, Homeland Security Investigations and the Internal Revenue Service, Criminal Investigation. The prosecution was handled by Jennifer Levinson, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-12-01122                

RELEASE NUMBER:   2015-049_Reyes et al

 

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TUCSON, Ariz. – Today, Steven Antepara, 21, of New York, N.Y., was sentenced by U.S. District Judge Cindy K. Jorgenson to 18 years in prison.  Antepara previously pleaded guilty to attempting to entice a minor.  Antepara’s term of imprisonment will be followed by lifetime supervised release with stringent sex offender conditions, including the condition that he register as a sex offender.

            Antepara used an online chat service and instant messaging application to meet and communicate with a girl in Tucson who was eleven years old.  Antepara coerced the child to take and send him sexually explicit images of herself. Antepara then threatened to post the child’s images on social media and networking sites if she failed to send him more sexually explicit photos and engage in sexually explicit video web chats over Skype with him.  The defendant obtained sexually explicit images from other minor children in the same manner.  He possessed over 900 images of child pornography and shared the images with others.

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

             The investigation in this case was conducted by the Tucson Police Department and the Federal Bureau of Investigation, Tucson.  The prosecution was handled by Carmen F. Corbin, District of Arizona, Tucson.

 

CASE NUMBER:           CR-14-578-TUC-CKJ   

RELEASE NUMBER:   2015-45_ Antepara

 

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     PHOENIX - The U.S. Attorney’s Office for the District of Arizona, as part of the Department of Justice’s Project Safe Childhood initiative, is hosting the ‘Be Here for Kids’ event on Friday, June 12, 2015, at the Desert Ridge Marketplace in Phoenix. The event will take place from 10:00 a.m. to 1:00 p.m.

     The National Center for Missing and Exploited Children (NCMEC) created the ‘Be Here for Kids’ campaign to promote awareness about all child safety issues. The campaign is designed to help parents and others teach children to be aware, alert, and cautious to potential threats and to provide steps that children can take to stay safe, both on the Internet and in daily life. Families also are encouraged to take 25 minutes to talk to their children about abduction and safety prevention.

     "The annual ‘Be Here for Kids’ national child safety campaign is particularly important this time of year, when children begin their summer breaks and have more time on their hands" said U.S. Attorney John S. Leonardo. "This event is designed to increase awareness among parents and children of the potential threats to child safety present in daily life, including the Internet."

     This year’s event is being presented in partnership with the U.S. Marshal’s Service; Maricopa County Attorney’s Office; Phoenix Police Department; Bureau of Alcohol, Tobacco and Firearms; Department of Homeland Security; and the Arizona Attorney General’s Office. The Phoenix Police Department will be providing an armored vehicle from the bomb squad, guests from their K-9 unit, and education on bike safety, child restraints, and traffic. The U.S. Marshal’s Service will be introducing their new Marshal dog and digital child identification kits will be provided free of charge to those that attend.

     For more information on NCMEC, visit www.missingkids.com. For more information about the Be Here for Kids campaign, visit www.missingkids.com/behereforkids. For more information on Project Safe Childhood, visit www.projectsafechildhood.gov.

     RELEASE NUMBER: 2015-042_Be_Here_for_Kids_Phoenix

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PHOENIX – On May 26, 2015, Roberto Miguel Nanez, 31, of Sacaton, Ariz., a member of the Gila River Indian Tribe, was sentenced by U.S. District Judge G. Murray Snow to 57 months in prison. Nanez previously pleaded guilty to domestic assault by a habitual offender.

                 Over the course of 2 days, from Feb. 5-6, 2014, within the Gila River Indian Community, Nanez beat his girlfriend causing bruises over her entire body.  Among other things, he choked her with an electrical cord.  Prior to this assault, the defendant had been twice convicted of domestic violence.

                 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.

 

CASE NUMBER:           CR-14-00749-PHX-GMS

RELEASE NUMBER:   2015-041_ Nanez

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TUCSON, Ariz. - The U.S. Attorney’s Office for the District of Arizona, as part of the Department of Justice’s Project Safe Childhood initiative, is hosting the “Be Here For Kids” event on Wednesday, May 27, 2015, at the Children’s Museum in Tucson.  The event will take place from 10:00 a.m. to 3:00 p.m.

            The National Center for Missing and Exploited Children (NCMEC) created the “Be Here For Kids” campaign to promote awareness about all child safety issues.  The campaign is designed to help parents and others teach children to be aware, alert, and cautious to potential threats and to provide steps that children can take to stay safe, both on the Internet and in daily life.  Families also are encouraged to take 25 minutes to talk to their children about abduction and safety prevention.

            “The annual ‘Be Here For Kids’ national child safety campaign is particularly important this time of year, when children begin their summer breaks and have more time on their hands” said U.S. Attorney John S. Leonardo.  “This event is designed to increase awareness among parents and children of the potential threats to child safety present in daily life, including the Internet.”

            This year’s event is being presented in partnership with the U.S. Marshals Service, the Pima County Sheriff’s Office, the Bureau of Alcohol, Tobacco and Firearms, Pima County Attorney’s Office, and the Arizona Attorney General’s Office.  Interactive children’s self-defense demonstrations by Ko Sho Martial Training Institute will take place throughout the day, and digital child identification kits will be provided free of charge to those that attend.

             A similar Phoenix event is scheduled for June 12, 2015.

For more information on NCMEC, visit www.missingkids.com. For more information about the Take 25 campaign, visit www.Take25.org. For more information on Project Safe Childhood, visit www.projectsafechildhood.gov.

 

RELEASE NUMBER:           2015-040_Take_25_Tucson

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PHOENIX – Yesterday, Paxton Jeffrey Anderson, 44, of Montevideo, Minn., and Joseph John Plany, 42, of Hutto, Texas, were sentenced by U.S. District Court Judge Susan R. Bolton to eight years and four years in prison, respectively, and ordered to pay $3,270,425 in restitution.  Anderson and Planey were convicted of multiple counts of bank fraud in June, 2014, after a three-week jury trial.

        “This is yet another reminder of the damage that mortgage fraud has caused to our community,” said U.S. Attorney John Leonardo. The defendants committed fraud at the expense of other homeowners and lenders, all in the name of greed.”

        “The defendants orchestrated a multi-million mortgage fraud scheme that caused severe financial and emotional harm to numerous victim investors.  Anderson was the mastermind who diverted hundreds of thousands of dollars to finance his love for horse racing and gambling, while Plany supervised the day-to-day details of the fraud and failed to alert unsuspecting borrowers to the illegal diversion of funds” said Dawn Mertz, Special Agent in Charge, Internal Revenue Service Criminal Investigation.

        According to the evidence presented at trial, Anderson worked as a Phoenix-based general contractor between 2004-2007.  During that time, and with the assistance of his bookkeeper  Plany, Anderson made false representations to lenders to obtain construction loans for borrowers.  Anderson used some of his friends and family as the borrowers for these fraudulently acquired loans.   Unbeknownst to the borrowers, Anderson and Plany forged and altered draw requests, and other documents, to withdraw money from the construction loans.    Anderson and Plany would use the monetary draws for their own personal expenses instead of using the funds to construct homes for the borrowers.   Some of these personal expenses included the purchase of racehorses and trips to the Kentucky Derby.  As a result of the fraud, many borrowers were forced into bankruptcy because their homes were never completed and were foreclosed upon by lenders.

        The investigation in this case was conducted by the Internal Revenue Service Criminal Investigation, U.S. Postal Inspection Service, and the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorneys Kevin M. Rapp and Monica B. Klapper.

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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– On May 18, 2015, Darrell Lee Jenkins, Jr., 35, of Tucson, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 67 months’ imprisonment.  Jenkins previously pleaded guilty to one count of robbery involving controlled substances and one count of interference with commerce by robbery (a Hobbs Act violation).

            On March 13, 2014, Jenkins robbed a CVS pharmacy in Reno, Nev., of over $10,000 in OxyContin.  On April 4, 2014, Jenkins again robbed a CVS pharmacy, this time in Flagstaff, Ariz., taking multiple bottles of Oxycodone.

            The investigation in this case was conducted by the Flagstaff Police Department, the Reno, Nevada Police Department, and the Federal Bureau of Investigation.  The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-14-8090-PCT-GMS and 15-0162-GMS        

RELEASE NUMBER:   2015-038_Jenkins

 

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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. – Today, Tucson resident Vittorio Francesco Castillo-Gonzalez, 27, was sentenced by Chief U.S. District Judge Raner C. Collins to 30 years’ incarceration for his part in two federal child pornography cases.  In the first case, which arose in Arizona, the defendant was charged with distribution, receipt, and possession of child pornography after a 2009 investigation by the Federal Bureau of Investigation (FBI) revealed Gonzalez’s large-scale trading and distribution of graphic and sadistic child pornography.   In the second case, which arose from an investigation by Homeland Security Investigations Agents out of Louisiana, the defendant was charged with conspiracy to produce child pornography for his part in producing a series of videos depicting a minor engaging in sexually explicit conduct in 2012 and 2013.  The defendant entered guilty pleas in both cases on Nov. 12, 2015, after the Louisiana matter was transferred to the District of Arizona.  Gonzalez’s term of imprisonment will be followed by lifetime supervised release with stringent sex offender conditions and the requirement that he register as a sex offender.

            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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines 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 of child sexual abuse.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

             The investigations in these cases were conducted by the Federal Bureau of Investigation in Tucson, Ariz., Birmingham, Ala., and Albany, N.Y., and Homeland Security Investigations in Louisiana, Arizona, and California, as well as by the U.S. Postal Inspection Service in Louisiana.  The prosecutions were handled by Assistant U.S. Attorneys Carin C. Duryee, District of Arizona, Tucson, and Brian M. Klebba, Eastern District of Louisiana.

 

CASE NUMBERS:                CR 13-0195-RCC; CR 14-1831-RCC

RELEASE NUMBER:           2015-037_Gonzalez

 

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

PHOENIX – On May 13, 2015, Alexander Ezekial Gonzales, 26, of Parker, Ariz. and a member of the Colorado River Indian Tribes, was sentenced by U.S. District Judge Susan R. Bolton to 139 months in prison, followed by lifetime supervised release. Gonzales pleaded guilty to abusive sexual contact with a minor.

            According to court documents, between September 2012 and September 2013, Gonzales engaged in sexual contact with the minor victim who was under the age of 12.  The minor victim is also a member of the Colorado River Indian Tribes.

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

 

CASE NUMBER:           CR-14-0932-PHX-SRB

RELEASE NUMBER:   2015-036_Gonzales

 

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PHOENIX – On May 11, 2015, Terance Taylor Prigge, 54, of Phoenix, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 26.6 years’ imprisonment followed by 10 years’ supervised release.  Prigge was convicted by a federal jury on Feb. 12, 2015, of five felony charges that included conspiracy to possess with intent to distribute cocaine, conspiracy to commit money laundering, international money laundering, promotional money laundering, and possession with intent to distribute cocaine.

     The trial evidence showed that Prigge’s drug trafficking organization transported at least 122 kilograms of cocaine from Latin America, into the American southwest, and then to Chicago from at least early 2010 to September 2013.  The organization used private charter flights to transport the drugs from Phoenix and Southern California to Chicago.  Prigge was arrested after he exited one of those flights with a co-conspirator in DeKalb, Ill. with 22 kilograms of cocaine in their luggage in September 2013.

     The evidence further showed that Prigge had extensive contacts with sources of drug supply in at least two Latin American countries.  He was convicted of International Money Laundering for organizing the transfer of $100,000 to an individual in Guatemala in support of a drug deal.  He was also convicted of taking other steps to launder money in support of his drug trafficking.  Prigge was convicted previously for trafficking cocaine from Panama into the United States and served seven years in prison.

     The investigation in this case was conducted by the Drug Enforcement Administration, Internal Revenue Service – Criminal Investigation, the Scottsdale Police Department, and the DeKalb, Ill. Police Department.  The prosecution was handled by Karen McDonald and Alexander Samuels, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-13-01363-PHX-GMS

RELEASE NUMBER:   2015-035_ Prigge

 

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 – Today, Gilberto Martinez, 35, of Phoenix, Ariz., was sentenced by U.S. District Judge Susan R. Bolton to 25 years’ imprisonment, followed by 10 years’ supervised release.  Martinez was found guilty by a federal jury on Jan. 15, 2015, of five felony charges that included possession with intent to distribute cocaine, marijuana, and methamphetamine, and possession of firearms in furtherance of a drug trafficking crime.

     The evidence showed that at 2:45 a.m. on March 31, 2014, the Martinez residence, a drug stash house in the 4800 block of East Cambridge, was the subject of a violent home invasion by armed suspects.  During the home invasion, a gunshot occurred as Martinez struggled with one of the home invaders for control of a firearm.  The home invaders then fled the residence, and Martinez quickly placed a portion of his drugs, firearms, and cash in a truck.  As Officers of the Phoenix Police Department were arriving on the scene, Martinez drove away in the truck and led Officers in police vehicles and a helicopter on a high speed chase.  Martinez abandoned the truck in the 3700 block of West Sheridan and was taken into custody when found hiding outside a nearby residence.  In the ensuing investigation, police and federal agents seized from Martinez ten firearms, two sets of ballistic armor, 6.7 kilograms of cocaine, 90 kilograms of marijuana, 180 grams of methamphetamine, and over $420,000.00 in cash.  Martinez is an eight-time convicted felon, including two prior convictions for drug dealing in the Phoenix area.

     The investigation in this case was conducted by the Phoenix Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration.  The prosecution was handled by Michael Lee and Todd Allison, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-14-0495-PHX-SRB

RELEASE NUMBER:   2015-034_Martinez

 

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PHOENIX – Today, Manuel Ybarra Garcia, 41, of Sacaton, Ariz., a member of the Gila River Indian Community, was sentenced by U.S. District Judge Douglas L. Rayes to 180 months in prison followed by lifetime supervised release. Garcia pleaded guilty on Dec. 9, 2014, to abusive sexual contact of a minor.  The crime occurred on the Gila River Indian Reservation.

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

             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.

 

CASE NUMBER:           CR-14-00888-PHX-DLR

RELEASE NUMBER:   2015-033_Garcia

 

PHOENIX – Yesterday, Rolf Heartburg, 41 and Larry Heartburg, 68, of Scottsdale, Ariz., were both sentenced by U.S. District Court Judge Neil V. Wake to a year in prison and ordered to pay $257,000 in restitution. Rolf Heartburg previously pleaded guilty to one count of conspiracy to commit wire and mail fraud and Larry Heartburg previously pleaded guilty to five counts of willfully failing to file a tax return. Rolf Heartburg was immediately taken into custody following the imposition of his sentence.

     "Unfortunately, the problem of investment scams targeting the elderly is rampant,” said John S. Leonardo, United States Attorney.  “This case sends a strong message that the United States Attorney’s Office will make every effort to uncover frauds by investment managers against vulnerable members of our community and we will prosecute the unscrupulous perpetrators of such frauds. I commend the IRS for its fine work in interrupting this fraud before more clients were victimized."

      “Rolf Heartburg exploited his position of trust as a financial advisor by directing the victim investors to a risky real estate investment controlled by his father Larry who used the money for this own personal expenses,” said IRS Criminal Investigation Special Agent in Charge Dawn Mertz. “Larry Heartburg then failed to file income tax returns and failed to pay taxes on that income.  Honest and law abiding citizens are fed up with those who use deceit and fraud to line their pockets with other people’s money and then skirt their own tax obligations.”

     Rolf Heartburg was a Phoenix based financial planner who solicited his own clients to invest in a speculative real estate fund.   The fund allegedly generated profits by selling mortgage notes it had acquired at a discount. Unbeknownst to the investors, Larry Heartburg served as the manager of the fund and he did not purchase any mortgage notes. Instead, the Heartburgs used nearly two thirds of investor money for their own personal expenses.  Additionally, Larry Heartburg failed to file taxes on the money received from investors and other income for tax years 2008-2012.

     The investigation in this case was conducted by the Internal Revenue Service-Criminal Investigation.  The prosecution was handled by Assistant U.S. Attorney Kevin M. Rapp.

 

CASE NUMBER:           CR-13-CR-01461-NVW

RELEASE NUMBER:   2015-032_ Heartburg et al

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     TUCSON, Ariz. – Yesterday, Michael Henry Flores, 30, a member of the Tohono O’odham Indian Nation, was sentenced by Chief U.S. District Judge Raner C. Collins to 12 years in prison having pleaded guilty on Aug. 21, 2014, to the offense of voluntary manslaughter.

     On the night of Aug. 15, 2011, and into Aug. 16, 2011, the defendant became enraged during an argument with his girlfriend and killed her by assaulting and choking her outside his residence near Sells, Ariz.    

     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 Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:           CR-13-01207-RCC      

RELEASE NUMBER:   2015-031_ Flores

PHOENIX – Ken Jermaine Fowler, 30, of Tuba City, Ariz., a member of the Navajo Nation, was found guilty by a federal jury of involuntary manslaughter and assault resulting in serious bodily injury of a minor. The case was tried before U.S. District Judge G. Murray Snow from March 3 - 26, 2015.  The defendant was remanded into custody after trial. Sentencing is set before Judge Snow on June 29, 2015.

           The evidence at trial showed that Fowler assaulted the ten week old infant on the Navajo Nation Indian Reservation while she was alone in his care.  The assault caused massive brain injury that resulted in her death four days later.

            A conviction for assault resulting in serious bodily injury of a minor carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life in prison, a $250,000.00 fine, or both.

            The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Christine Ducat Keller and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:                  CR-12-8156-PCT-GMS

RELEASE NUMBER:           2015-028_Fowler

PHOENIX – Otoniel Galindo Vasquez-Lopez, 29, of Bossier, La., was sentenced on March 30, 2015 by U.S. District Judge G. Murray Snow to 14.5 years in custody and three years of supervised release for his role as the leader of an Arizona based alien smuggling organization after previously pleading guilty to conspiracy to transport and harbor illegal aliens and conspiracy to commit money laundering. Vasquez-Lopez employed and directed money launderers and alien smugglers in Arizona, and coordinated transportation and payment with hundreds of aliens and their families, from the assumed anonymity of Bossier, La.

     Vasquez-Lopez sentence reflects that illegal aliens who utilized his organization, died while in transport to other destinations in the United States.  Specifically, on July 22, 2012, two illegal aliens transported by Vasquez-Lopez’s alien smugglers were killed in a roll over double fatality in Holbrook, Ariz., after being ejected from a Dodge minivan that was overloaded with 15 people and crashed when a tire blew.  Additionally, on June 23, 2012, Vasquez-Lopez’s name and telephone number were found in the pocket of a deceased alien, who died in the dessert near Sells, Ariz., after being left behind by his guides when he could not keep up with his group.

     Additionally, over #30 other alien smugglers and money launders in this organization were also arrested, convicted, and sentenced in the District of Arizona.

     The investigation in this case was conducted by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Phoenix. The prosecution was handled by Kristen Brook, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-13-1513-PHX-GMS

RELEASE NUMBER:   2015-030_Vasquez-Lopez

 

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

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