District of Arizona

PHOENIX, Ariz. – On June 24, 2013, Lee David Shropshire, 35, of Mesa, Arizona, who pleaded guilty on March 20, 2013, to one count of Distribution of Child Pornography, was sentenced by U.S. District Judge G. Murray Snowto 170 months in prison, followed by a lifetime term of supervised release.  He is also required to register as a sex offender in compliance with federal, state and local laws. 

In January 2010, the Immigration and Customs Enforcement Cyber Crimes Center received information from the Australian Federal Police that an individual residing in Arizona was distributing child pornography via a Peer to Peer website.  Through their investigation agents identified the individual as Lee David Shropshire.  In September 2010, agents conducted an interview with Shropshire during which he admitted to having images of child pornography on his computer and distributing these images on the Peer to Peer website.  In total, Special Agents found over 10,000 images and approximately 636 video files containing child pornography.    

The prosecution was handled by Melissa Karlen, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-0838-PHX-GMS 
RELEASE NUMBER:     2013-048_Shropshire

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

PHOENIX, Ariz. – On June 20, 2013, Randolph Benjamin Rodman, 60, of Crownsville, Md., and Idan C. Greenberg, 59, of Glendale, Ariz., both licensed gun dealers, were sentenced by U.S. District Chief Judge Roslyn O. Silver to 121 months and 33 months in prison, respectively. On Dec. 20, 2012, Rodman was found guilty by a federal jury of 22 charges including conspiracy; illegal possession of a machine gun; obliterating the serial numbers of firearms; the manufacturing, possession, receipt and transfer of machine guns in violation of the National Firearms Act (NFA); and making false entries on applications and records.Greenberg was found guilty by the same federal jury of four charges involving conspiracy; illegal possession of a machine gun; receipt and possession of a firearm transferred in violation of the NFA; and receipt and possession of a firearm made in violation of the NFA.

“Enforcement of gun laws, particularly the regulation of machine guns, is essential to public safety. The defendants’ convictions and sentences demonstrate our commitment to prosecute those who violate gun laws, including licensed gun dealers,” said U.S. Attorney, John S. Leonardo.

"This was a very challenging and complicated investigation involving machine guns (NFA weapons) and fraud. These Federal Firearms Licensees violated the public’s trust and defrauded countless customers of their NFA weapon purchases. I hope their lengthy sentences serve notice to those that might consider committing the same criminal acts," stated ATF Special Agent in Charge, Thomas Atteberry.

Between Sept. 22, 1993, and continuing through April 8, 2009, Rodman and Greenberg conspired with other persons to defraud the United States in its regulations of machine guns, including the 1986 machine gun ban.  In order to circumvent the machine gun regulations, the defendants had the serial numbers from over 30 inexpensive, registered machine guns cut-off and welded onto completely different and more expensive models of machine guns that were illegally manufactured.  The defendants would then transfer or sell the newly manufactured illegal machine guns by falsely utilizing the registration of the original machine gun. 

The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The prosecution was handled by Kathy J. Lemke, Assistant U.S. Attorney, and James P. Vann, Special Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-10-001047-PHX-ROS
RELEASE NUMBER:     2013-046_Rodman&Greenberg

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

Office of the United States Attorney, John S. Leonardo

District of Arizona

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WASHINGTON – A former U.S. Congressman and a real-estate investor were convicted today by a federal jury in Tucson, Ariz., of conspiring together to extort and bribe individuals seeking a federal land exchange, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney John Leonardo of the District of Arizona.

Richard G. Renzi, 55, of Burke, Va., was found guilty of 17 felony offenses including conspiracy, honest services wire fraud, extortion under color of official right, racketeering, money laundering and making false statements to insurance regulators.  

James W. Sandlin, 62, of Sherman, Texas, was found guilty of 13 felony offenses including conspiracy, honest services wire fraud, extortion under color of official right and money laundering.

Sentencing is set before U. S. District Judge David C. Bury on August 19, 2013.

“Former Congressman Renzi’s streak of criminal activity was a betrayal of the public trust and abuse of the political process,” said Acting Assistant Attorney General Raman. “After years of misconduct as a businessman, political candidate and member of Congress, Mr. Renzi now faces the consequences for breaking the laws that he took an oath to support and defend.”

            U.S. Attorney John Leonardo stated, “Our democracy is undermined whenever our elected officials misuse the power entrusted to them by the voters to serve their own private interests rather than in the service of the public interest. The jury’s verdict reinforces the fundamental principle that our society is governed by the rule of law, and that no citizen, including the most influential and powerful among us, is above the law.”

            FBI Special Agent in Charge Douglas G. Price stated, “Today’s conviction is a culmination of the investigative efforts of the FBI and IRS-Criminal Investigation over a period of several years.  Public corruption is one of the top criminal priorities of the FBI, and it is imperative that elected public officials be held accountable to uphold the public’s trust.  The FBI remains committed to this criminal priority in combating public corruption at all levels.”
According to evidence at trial, Renzi, then a member of Congress from Arizona’s 1st Congressional District, promised in 2005 to use his legislative influence to profit from a federal land exchange that involved property owned by Sandlin, a real-estate investor.

            At the time, Sandlin owed Renzi $700,000 in future payments from their business dealings, and Renzi threatened a proponent of the land exchange that he would not support it unless they purchased Sandlin’s property in Cochise County, Ariz.  When that individual refused, Renzi promised a second proponent of a land exchange that he would support the exchange if they purchased Sandlin’s property.  According to an agreement reached in May 2005, Sandlin was paid $1 million in earnest money, out of which he paid $200,000 to Renzi.  Just before Sandlin received the $1.6 million balance owed on the exchange, he paid an additional $533,000 to Renzi. 

Evidence at trial further showed that from 2001 to 2003, Renzi engaged in insurance fraud by diverting his clients’ insurance premiums to fund his first campaign for Congress, and he provided false statements to various state regulators who were investigating his activities.  

Renzi was indicted in February 2008, and in October 2008, Renzi moved to dismiss the indictment under his rights as a member of Congress under the Speech or Debate Clause. The court denied his motion in February 2010, and Renzi pursued an interlocutory appeal. After Renzi’s appeal was unsuccessful, trial was set for May 2013.

            Honest services wire fraud, extortion under color of official right, concealment money laundering and racketeering each carry maximum penalties of 20 years in prison. Conspiracy carries a maximum penalty of five years in prison, and making false statements to insurance regulators and transactional money laundering each carry maximum penalties of 10 years in prison.

            This case was investigated by the FBI and the Internal Revenue Service – Criminal Investigation.  The prosecution was handled by Assistant U.S. Attorneys Gary Restaino and James Knapp of the District of Arizona and Trial Attorneys David Harbach and Sean Mulryne of the Department of Justice’s Public Integrity Section.

PHOENIX – On June 3, 2013, Jerome Lee Buckinghorse, 30, of Pinon, Ariz., was sentenced by U.S. District Judge G. Murray Snowto 110 months imprisonment. Buckinghorse pleaded guilty on March 19, 2013, to one count of assault resulting in serious bodily injury and one count of use of a firearm during a crime of violence.

On August 28, 2012, Buckinghorse and the victims got into an altercation on the Navajo Reservation during which Buckinghorse retrieved a rifle and used the butt of the rifle to hit two victims in the face.  When the third victim attempted to flee, Buckinghorse shot him in the back with the rifle. 

Buckinghorse received a sentence of 50 months imprisonment for assault resulting in serious bodily injury and a sentence of 60 months imprisonment for the use of a firearm during a crime of violence.  Judge Snow ordered the sentences to run consecutive, resulting in a cumulative sentence of 110 months imprisonment.

The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution is being handled by Cassie Bray Woo, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-8240-PCT-GMS
RELEASE NUMBER:     2013-045_Buckinghorse

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

PHOENIX, Ariz. – Add:  the P.A.N.T. (Partners Against Narcotics Traffickers),

            The Federal Bureau of Investigation’s Northern Arizona Safe Streets Task Force, the P.A.N.T. (Partners Against Narcotics Traffickers), the Yavapai County Drug Task Force, and the Yavapai-Apache Nation Tribal Police Department led this coordinated enforcement action.  They received significant operational assistance from the Yavapai County Sheriff’s Office; the Cottonwood Police Department; the Camp Verde Marshals Office; Arizona Department of Public Safety; the U. S. Drug Enforcement Administration; the U.S. Marshals Service; the U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Coconino County METRO Drug Task Force.

RELEASE NUMBER:            2013-044_Yavapai-ApacheTakedown(Corrected)

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

TUCSON, Ariz. – Johnny Davis Antonio, Jr., 22, of Sells, Ariz., was sentenced on May 29, 2013, by U.S. District Judge Cindy K. Jorgensonto 120 months in prison to be followed by five years of supervised release.  Antonio pleaded guilty on March 21, 2013, to second degree murder, aiding and abetting.

This case involved the August 2009, beating to death of a 37 year old man by Antonio, then 18 years old, and an accomplice.  The victim was walking during early morning hours on Aug. 10, 2009, in an open area in Sells on the Tohono O’odham reservation, when he came upon Antonio and his accomplice who proceeded to assault the victim with their fists and a piece of wood.  The victim died from blunt force trauma to his head. 

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

CASE NUMBER:            CR-11-4234-TUC-CKJ  
RELEASE NUMBER:     2013-043_Antonio

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

PHOENIX– Jose Arnulfo Martinez, aka “Joe” Martinez, 49, of Phoenix, was found guilty by a federal jury on Tuesday of six counts of sexual abuse of a ward. The case was tried before U.S. District Judge Neil V. Wake from May 21, 2013 until May 28, 2013. Sentencing is set before Judge Wake on Aug. 26, 2013.

                 U.S. Attorney John S. Leonardo said, “Federal prison inmates have a right to serve their court ordered sentences without having to endure sexual abuse by anyone, and especially not at the hands of those who are entrusted with their care.  The Justice Department will hold accountable all prison staff who abuse their power and the public trust. We thank our partners at the FBI and the Bureau of Prisons who join with us in this effort.”

            During all relevant times, Martinez worked for the Bureau of Prisons at the Federal Correctional Institution-Phoenix, where he supervised federal inmates.  The evidence at trial showed that in 2008, Martinez sexually abused an inmate on three different occasions.  The evidence further showed that in 2010, Martinez sexually abused another inmate on three occasions. 

            Each conviction for sexual abuse of a ward carries a maximum penalty of 15years, a $250,000 fine or both.

            The investigation in this case was conducted by the Federal Bureau of Investigation and the Investigations Department of the Federal Correctional Institution-Phoenix. The prosecution was handled by Alison S. Bachus, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:                   CR-12-1222-PHX-NVW
RELEASE NUMBER:            2013-042_Martinez

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

PHOENIX - The National Center for Missing and Exploited Children (NCMEC) created the Take 25 campaign to encourage families to take 25 minutes to talk to their children about safety and abduction prevention. NCMEC estimates that 800,000 children are reported missing in America every year, which is more than 2,000 children each day. Fortunately, most of these children are quickly located.

NCMEC has found that in 81% of attempted abduction cases, children escaped would-be abductors through their own actions. 28% of the children actively resisted (yelling, kicking, pulling away, running away, or attracting attention), while 53% recognized something was not right and responded by walking or running away. Teaching and reassuring children about safety - without scaring them - requires a delicate balance. Take 25 provides parents tools and age-appropriate suggestions for approaching the topic of safety with their children.

            “The annual Take 25 national child safety campaign is particularly important this time of year, when children begin their summer breaks from school and have more time on their hands” said U.S. Attorney John S. Leonardo. “Especially in light of recent events arising from abductions, we encourage parents to take time to talk with their children about safety and abduction prevention.  We hope that the tools and information provided at this year’s Take 25 events will assist families in keeping their children safe.”

Since 1983, May 25th has been observed as National Missing Children’s Day. In conjunction with observance of this year’s National Missing Children’s Day, we are pleased to offer two free Take 25 child safety events. These events are designed to help parents and others teach children to be alert to potential threats and provide steps that children can take to stay safe. Both events will provide attendees with important safety information and demonstrations, along with Child Identification Kits.

PHOENIX: The Phoenix event will be held on Tuesday May 28, 2013, at the Paradise Valley Mall from 10:30 a.m. to 4:00 p.m. Agencies participating in the Phoenix event include the U.S. Attorney’s Office, the U.S. Marshals Service, ATF, DHS, FBI, the Arizona Attorney General’s Office, the Maricopa County Attorney’s Office, the Phoenix Police Department, and the Phoenix Fire Department. Digital child identification kits will be provided free of charge.

TUCSON: The Tucson event will be held on Wednesday, May 29, 2013, at the Foothills Mall from 10:30 a.m. to 4:30 p.m. Agencies participating in the Tucson event include the U.S. Attorney’s Office, the U.S. Marshals Service, ATF, DHS, FBI, the Tucson Police Department, the Arizona Attorney General’s Office, the Pima County Sheriff’s Office, and the Arizona Child Advocacy Center.  Digital child identification kits will be provided free of charge and children’s self-defense demonstrations are scheduled.

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:            2013-041_Take_25_Events

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

PHOENIX – On May 15, 2013, Jon Phillip Carstens, 47, of Phoenix, Ariz. was sentenced by visiting U.S. District Judge Linda R. Reade to 235 months in federal prison for robbing a Wells Fargo Bank in Yuma, Ariz.  Carstens pleaded guilty on Feb. 8, 2013 to armed bank robbery.

According to the plea agreement, Carstens entered a Wells Fargo Bank in Yuma, wearing a hat and a scarf which covered his face.  After entering the bank, Carstens approached the victim teller brandishing a .380 caliber pistol, and jumped over the counter to the victim teller’s side while continuing to brandish the firearm.  He grabbed money from the teller drawer, jumped back over the counter, exited the bank, and jumped into a Honda Civic and fled.  He was later apprehended in Imperial County, Calif.  Carstens had previously been convicted of bank robbery in Tampa, Fla. 

The investigation in this case was conducted by the Federal Bureau of Investigation, Yuma County Sheriff’s Office, Yuma Police Department, Arizona Department of Public Safety, United States Border Patrol, and the Imperial County Sheriff’s Office.  The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-1669-PHX-NVW
RELEASE NUMBER:     2013-040_Carstens

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

PHOENIX – On May 9, 2013, George Calvin Windley, 33, of Phoenix, Ariz., was sentenced by U.S. District Judge David G. Campbell to15 years imprisonment.  Windley pleaded guilty on July 11, 2012, to conspiracy to engage in sex trafficking, in violation of 18 U.S.C. §§1594(c) and 1591(a). 

“The United States Attorney’s Office is committed to prosecuting those who prey upon the most vulnerable in our society for personal profit” said U.S. Attorney John S. Leonardo.  “Our thanks to the collaborative efforts of the Federal Bureau of Investigation, the Phoenix Police Department and the Scottsdale Police Department that made this successful prosecution possible.”

“The sentencing of George Windley signifies the end of a sex trafficking group that preyed on young women in order to place them into sexual servitude for financial gain” stated FBI Special Agent in Charge Douglas G. Price, Phoenix Field Office.  “The actions by Windley and others were humiliating and violent towards the trafficked females.  The FBI and our law enforcement partners are committed to holding those accountable who choose to participate in the practice of modern day slavery for the purpose of prostitution.”

Evidence uncovered during the government’s investigation showed that Windley ran a commercial sex prostitution business from 2001 through at least 2009. He “befriended” multiple young women, and lured them into the business by offering drugs, cash, clothing, jewelry, material goods, and the promise of an extravagant lifestyle. Windley targeted those who were the most vulnerable, including victims who had been previously abused as children, came from broken families or were “running away” from home. Some of the victims simply did not have enough money to provide for their children. 

Once recruited, Windley used physical force, violence, coercive acts and threatened the use of violence against family members to prevent the women from leaving the business. The victims described how defendant repeatedly struck, punched, kicked, pushed, raped, and used other physical acts and intimidation to scare and bully them. Windley also engaged in various forms of psychological manipulation and emotional coercion against the victims by using their sense of shame or feelings of guilt and existing family issues to control the victims. One victim was confined to a hotel room for a period of several months, during which time he physically and sexually abused her, and forced her to work as a prostitute.

All revenues generated by the business were to be given to Windley.  The women were forbidden from socializing with other women, and they were never permitted to leave the business or have contact with other black males.

Windley used the Internet to advertise the sexual services of the young women, and also used stolen credit card numbers to manufacture forged credit cards that were then used to supplement the operating expenses of the business.

The investigation in this case was conducted by the Federal Bureau of Investigation, the Phoenix Police Department and the Scottsdale Police Department. The prosecution is was conducted by Josh Parecki, former Assistant U.S. Attorney, and Walter Perkel, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-10-660-002-DGC     
RELEASE NUMBER:     2013-039_Windley

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

            FLAGSTAFF, Ariz. –Marcellina Tohonnie, 36, a Bureau of Indian Education employee, was sentenced on April 23, 2013 by U.S. Magistrate Judge Mark Aspey in federal court in Flagstaff, AZ, for stealing charitable donations to children attending the Kaibeto Boarding School.  She received five years of supervised probation and was ordered to repay $23,226 in restitution to Children Incorporated – an international nonprofit organization assisting needy children in the U.S. and abroad.  

            The charges stem from a U.S. Department of the Interior, Office of Inspector General investigation of Tohonnie’s embezzlement of Children Incorporated account funds, sponsoring 47 Native American students, grades kindergarten through 8th, at the Kaibeto Boarding School. As the school’s former Children Incorporated program coordinator, Tohonnie was entrusted with accepting and using donations to purchase basic necessities (e.g. clothing, school supplies, etc.) for the children enrolled in the program. Instead, Tohonnie embezzled approximately $25,000 from the Children Incorporated account to pay for personal expenses – including clothing, salon visits, gifts, car repairs, and travel to Las Vegas, Nev. 

            “This case is a reflection of the Inspector General’s continued involvement in Indian Country and our dedication to insure the integrity of all U.S. Department of the Interior programs,” said Jack Rohmer, Special Agent-In-Charge.

            Children Incorporated U.S. Program Director Renée Kube said, “Children Incorporated serves over 20,000 children on an annual basis, and has assisted more than 250,000 children since our founding in 1964.  We provide these resources because we believe passionately that children everywhere deserve education, hope and opportunity. We are deeply grateful for the dedication, time and efforts given by the U.S. Attorney’s Office and the Office of the Inspector General.”

            Under a plea agreement with the U.S. Attorney’s Office, Tohonnie pleaded guilty to one count of 18 USC '1163, embezzlement and theft from Indian tribal organizations.

            The investigation in this case was conducted by the U.S. Department of the Interior, Office of Inspector General.  This case was prosecuted by Assistant United States Attorney Adam Zickerman, District of Arizona, Flagstaff.

CASE NUMBER:            13mj4071                       
RELEASE NUMBER:     2013-038_ Tohonnie

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

TUCSON, Ariz. – On May 6, 2013, Rex Adams, 54, of Tucson, Ariz., was sentenced by U.S. District Judge David C. Bury to 18 months in federal prison for committing wire fraud and transactional money laundering, both felonies.  Adams had previously pleaded guilty on Jan. 7, 2013, to these charges which relate to mortgage fraud.

As part of his guilty plea, Adams admitted that he obtained a $268,000 loan to purchase a property in Tucson.  In order to obtain this loan and as part of the loan approval process, Adams knowingly submitted loan applications and other documents that contained material false representations including: (1) falsely representing his intent to reside at the property as a primary residence; (2) submitting a fraudulent lease agreement stating that he had a tenant for his current home and would receive monthly rental income of $3,500; (3) falsely representing that the down payment or cash to close on the property would be a $66,473.56 check; (4) falsely representing and inflating the purchase price of the property as $335,000; and (5) failing to disclose to the lender that he received $12,349.05 cash back from the seller of the property using the fraudulently obtained loan proceeds.  In fact, without the lender’s knowledge, Adams fraudulently obtained the mortgage at an inflated price with 100% financing, with no down payment and received $12,349.05 cash back from the seller.

As part of the defendant’s plea, he will also be ordered to pay restitution.  The amount of restitution will be determined during a future hearing or by agreement of the parties. 

The investigation in this case was conducted by Internal Revenue Service Criminal Investigation. The prosecution was handled by Jonathan Granoff, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:       CR-12-0397-TUC-DCB
RELEASE NUMBER:       2013-037_Adams

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

PHOENIX – On May 1, 2013, and April 15, 2013, defendants Juan Jose Parra-Labrador, 24, Sergio Sarabia-Sarabia, 25, and Uriel Parra-Lerma, 25, were sentenced by U.S. District Judge James A. Teilborgto 10 years in prison for their roles in holding 21 illegal aliens hostage in January 2012, after pleading guilty to conspiracy to harbor illegal aliens.  Judge Teilborg also sentenced co-defendant Felipe Sarabia-Labrador, 43, to 9 years and 1 month in prison.  All of the defendants were in the United States illegally from Mexico. 

Three of the defendants were sentenced to the statutory maximum of 10 years. Defendants admitted that during the course of the conspiracy, the illegal aliens at the human stash house were abused. One victim was hung in a closet by his wrists and ankles, others were beaten in the face and groin, whipped and bound with cable cords, poked with knives, threatened with guns, and forced to urinate in a bucket.

Judge Teilborg stated that these defendants “dehumanized their victims” and attempted to profit from “trafficking in human misery.”

U.S. Attorney John S. Leonardo said, “Our office will vigorously prosecute those who prey upon vulnerable victims in our community.  These prison sentences should make clear that we will not tolerate violence and exploitation by human smuggling organizations.” 

Additionally, Aaron Aparicio-Ramirez, 30, was sentenced by Judge Teilborg to 18 months for his role in transporting illegal aliens to and from the stash house.

The investigation in this case was conducted by U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security.  The prosecution was handled by Assistant U.S. Attorneys, Kristen Brook and Lisa Jennis Settel of District of Arizona, Phoenix.

CASE NUMBER:            CR-12-00417-PHX-JAT
RELEASE NUMBER:     2013-036_Parra-Labrador_etal

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

U. S. ATTORNEY’S OFFICE FOR THE DISTRICT OF ARIZONA OBSERVES NATIONAL CRIME VICTIMS’ RIGHTS WEEK

            Phoenix - U.S. Attorney John S. Leonardo announced that several individuals were honored for outstanding service to crime victims in an awards ceremony hosted by the U.S. Attorney’s Office on April 25, 2013.  These awards were presented in conjunction with the observance of National Crime Victims’ Rights Week, April 21-27, 2013.  This year’s theme, “,” focuses on the need to be innovative and flexible in our efforts to assist and serve each and every victim in need of hope and help.

            The recipients of this year’s awards were Navajo Nation Officer Vernon Begay for his courage and bravery; The Colorado River Indian Tribes Multi-Disciplinary Team; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations Special Agents William “Cody” Nuckles and Greg Kelly; U.S. Postal Inspector David Birch, and U.S. Attorney’s Office Victim Witness Specialist Mary Williams.

            “The U.S. Attorney’s Office is deeply committed to assisting victims of federal crimes, ensuring they are afforded their rights under the Crime Victims’ Rights Act, protecting them from further harm, and helping them reshape their futures,” said U.S. Attorney John S. Leonardo.  “This week is a time to raise awareness about the rights and needs of crime victims, the challenges victims face in the recovery process, and the positive impact of those who provide services and support to victims.”

            The U.S. Attorney’s Office also honored families who lost a loved one to a crime of violence.  Victims recognized during the ceremony included Sergeant Darrell Curly of the Navajo Nation, Mat Stauffer, Jr. of the San Carlos Apache Indian Reservation, and Lorena Mae Martin of the Navajo Nation.  

            The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law.  The District of Arizona has a dedicated Victim Witness Unit that serves federal crime victims across the District’s 15 counties.  Members of this unit notify victims of significant case events through the Department of Justice’s Victim (DOJ) Notification System (VNS) and help victims to understand their rights.  Such notice enables victims to participate in court proceedings and make their voices heard. According to Department of Justice Statistics, in Fiscal Year (FY) 2012, the U.S. Attorneys’ offices provided notice of over 12.2 million case events, including notices regarding criminal charges filed, plea hearings, bond hearings and sentencing hearings. 

            Notification of significant case events leads to increased victim participation in court proceedings and accompanying victims to court provides support and guidance during these proceedings.

            In addition to notification and court accompaniment, the District of Arizona’s Victim Witness Unit provides essential services to victims, such as making referrals for counseling, securing temporary housing, and assisting victims with compensation resources.  These services provide tools victims need to reshape their futures.

            Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.

RELEASE NUMBER:     2013-035_CVRW

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

PHOENIX, Ariz. – On April 22, 2013, Jefferson Gatewood, 44, of Carrizo, Ariz., and a member of the White Mountain Apache Tribe, was sentenced by U.S. District Judges James A. Teilborg to 14 consecutive terms of life imprisonment.  Gatewood was convicted at trial by jury on Nov. 20, 2012, of 23 counts of aggravated sexual abuse and related charges, mostly involving minors, on the Fort Apache Indian Reservation

Gatewood was previously convicted of assault with intent to commit rape in an Arizona U.S. District Court in 1987, after he and two codefendants gang-raped a 19-year-old girl at knifepoint.

            At trial, 15 victims testified that Gatewood had sexually abused them, and physically abused some of them as well.  At the time they were abused, the victims ranged in age from 5 years old to their early 20s.  Gatewood’s abuses began nearly 30 years ago, when he was still a teenager, and continued on a regular basis until 2010 when this investigation was initiated.

The indictment charged Gatewood with sexually abusing nine young girls and teens dating back to 1992.  Other sexual assaults were either barred by the statute of limitations or took place off of the reservation and out of the jurisdiction of the federal court.  Nonetheless, the victims of the uncharged assaults were allowed to testify at trial regarding their victimization pursuant to the Federal Rules of Evidence.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.  The prosecution was handled by Dimitra H. Sampson and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-11-8074-PCT-JAT   
RELEASE NUMBER:     2013-034_Gatewood

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

PHOENIX --- On April 22, 2013, Brian Douglas Kanuho, 47, of Low Mountain, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 204 months imprisonment, followed by five years of supervised release.  Kanuho pleaded guilty on Feb. 27, 2013, to kidnapping. 

According to the plea agreement, Kanuho kidnapped the victim at his residence.  While the victim was kidnapped, Kanuho assaulted and sexually abused her.  As a result of the kidnapping and assault, the victim sustained serious bodily injury. 

The investigation in this case was conducted by the Chinle Police Department and 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-11-8178-PCT-GMS 
RELEASE NUMBER:     2013-033_Kanuho

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

PHOENIX --- On April 22, 2013, Arthur Victor Smith, 20, of Peach Springs, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 140 months imprisonment, followed by lifetime supervised release.  Smith, a Fort McDowell Yavapai Nation member, pleaded guilty on Feb. 5, 2013, to sexual abuse. 

Smith was charged by indictment with one count of aggravated sexual abuse of a minor pursuant to 18 U.S.C. § 2241(c).  According to the plea agreement, the defendant sexually abused a minor female, age 14, and the sexual abuse occurred on the Hualapai Nation Indian Reservation. 

The investigation in this case was conducted by the Hualapai Nation Police Department and 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-11-8189-PCT-GMS 
RELEASE NUMBER:     2013-032_Smith

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

            TUCSON, Ariz:  On April 19, 2013, a federal jury in Tucson found suspended Border Patrol Agent Dario Castillo, age 25, guilty of four felony counts of deprivation of rights under color of law, in violation of 18 United States Code, Section 242, and his co-defendant, suspended Agent Ramon Zuniga, age 31, guilty of four misdemeanor violations of the same criminal statute.  The case was tried before U.S. District Judge Jennifer G. Zipps from April 8 through April 19, 2013.  Sentencing is set before Judge Zipps on July 1, 2013.

            “This verdict sends a clear message that abuse of authority by federal law enforcement officers will not be tolerated in our society,” said United States Attorney for Arizona John S. Leonardo.  “The United States Attorney’s Office is determined to continue to hold accountable any federal law enforcement officer in Arizona who commits such crimes in violation of their oath of office.  Violations of the law by those sworn to enforce it undermine public confidence in the entire criminal justice system.  The defendants’ abuse of authority in this case was in stark contrast to the vast majority of dedicated, hard-working federal law enforcement officers who do their best every day, under difficult circumstances, to enforce the law and protect the community professionally and within the constraints of the law.”

            Evidence at trial showed that on Nov. 12, 2008, Zuniga and Castillo participated in a Border Patrol operation to track and contact border-crossers in Southern Arizona.  At approximately 10:30pm, agents located a group of persons carrying backpacks containing marijuana.  Most of these individuals fled, but four of the group were apprehended by the defendants and two other agents.  During a search of the four, Zuniga discovered a small baggie of personal-use marijuana on one of them.  He then shoved the marijuana into several of the victims’ mouths and yelled “comatela” (eat it).  The defendants ordered the victims to take off their shoes, socks, jackets, and extra shirts, which the victims had layered to protect against the cold, leaving them barefoot and wearing a single layer of clothing.  Defendant Castillo asked another agent for a cigarette lighter and then lit a fire which contained the victims’ shoes and clothing.  Zuniga and Castillo then ordered the victims to run away, without shoes or socks, and wearing only a single layer of clothing. 

            A felony conviction for deprivation of rights under color of law carries a maximum penalty of 10 years, a $250,000 fine or both; a misdemeanor conviction under the statute carries a penalty of 1 year, a $100,000 or both.

            The investigation in this case was conducted by the Department of Homeland Security’s Office of Inspector General.  The prosecution was handled by Karen Rolley and Eric Markovich, Assistant United States Attorneys, District of Arizona, Tucson.

CASE NUMBER:                   CR-13-2727-TUC-JGZ
RELEASE NUMBER:            2013-031_Castillo&Zuniga

PHOENIX – Indalecio Castro-Ponce, 40, of San Luis, Ariz., was found guilty of one count of conspiracy to possess with intent to distribute methamphetamine and two counts of possession with intent to distribute methamphetamine, by a federal jury in Phoenix. The case was tried before U.S. District Judge Susan R. Bolton between April 4 and April 12, 2013. The defendant is being held after trial. Sentencing is set before Judge Bolton on July 8, 2013.

                 “This verdict sends the message that those who attempt to profit by distributing large amounts of methamphetamine will be prosecuted and subjected to very long terms of imprisonment,” said U.S. Attorney John S. Leonardo.

            The evidence at trial showed that Castro-Ponce conspired with others, including his wife and teenaged son, to distribute methamphetamine to various locations in the Southwestern United States, including Salt Lake City, Utah; Las Vegas, Nev.; Fresno, Calif.; Sunland, Calif.; and Moreno Valley, Calif. Castro-Ponce made more than 20 drug trafficking-related trips between February and July 2012, frequently taking his children and wife with him in order to attempt to disguise his activities. Following visits by Castro-Ponce, law enforcement seized more than three pounds of 96% pure “ice” methamphetamine from a location in Fresno, and more than seven pounds of methamphetamine from a location in Moreno Valley. Law enforcement agents also seized more than $200,000 cash from the same locations.

            Convictions for conspiracy to possess methamphetamine with intent to distribute and possession of methamphetamine with intent to distribute each carry a maximum penalty of life imprisonment, a $10,000,000 fine, or both.

            The investigation in this case was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations in Yuma, Ariz., with assistance from HSI-Fresno, HSI-Riverside County, HSI-Salt Lake City, HSI-Las Vegas, and HSI-Phoenix, the Drug Enforcement Administration, the Federal Bureau of Investigation, the LA-IMPACT Task Force, the INCA Task Force, and the Fresno County Sheriff’s Office. The prosecution was handled by Krissa Lanham and William Bryan, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:                   CR-12-1363
RELEASE NUMBER:            2013-029_Castro-Ponce

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

TUCSON, Ariz. – On April 19, 2013, Shaneika Earline Sims, 30, of Casa Grande, Ariz. was sentenced by U.S. District Judge Raner C. Collins to 30 months in federal prison and ordered to pay $403,002 in restitution.  After her release from prison, Sims will serve a 36 month term of supervised release.   Sims pleaded guilty on Nov. 7, 2012, to conspiracy to defraud the government through false claims.  

                 “Those who threaten the integrity of our federal income tax system through fraudulent schemes pose a real danger to the financial security of our country,” said U.S. Attorney John S. Leonardo. “For this reason, the United States Attorney’s Office has been and continues to be dedicated to prosecutions like this one that serve to hold these offenders accountable and to deter similar crimes by others.”

Sims admitted that from March 13, 2010, and continuing through Jan. 28, 2012, she and others conspired to defraud the United States government by filing false and fictitious tax returns which wrongly claimed refunds.  At least 150 false federal individual income tax returns were filed claiming $548,653 in unjustified refunds.  Sims and others prepared the false federal income tax returns.  A codefendant offered to pay various sums of money to people whose identities were used.  Some of the identities used were passed to her by an incarcerated co-defendant, including names, social security numbers and dates of birth.  Some of the individuals in whose names false claims for refunds were filed were, in fact, inmates in state and local detention facilities.  Sims and others electronically submitted the false income tax returns to the Internal Revenue Service through the internet. 

Sims also filed false and fraudulent individual income tax returns in California.  At least 86 additional returns seeking $315,264 were linked to Sims through common Internet Protocol (IP) addresses and bank accounts.

On Jan. 16, 2013, co-defendant Corleen Ladawn Thompson, 36, of Casa Grande, Ariz., was sentenced to 37 months in federal prison and a 36 month term of supervised release.  Thompson’s daughter, co-defendant Desheray Gulley, was sentenced on April 4, 2013 to a 60 month term of supervised probation. 

The investigation in this case was conducted by Internal Revenue Service Criminal Investigation Division, Arizona Department of Public Safety, Pinal County Attorney’s Office, and the Casa Grande Police Department.  The prosecution is being handled by Danny N. Roetzel, Trial Attorney, Department of Justice, Tax Division and Sandra M. Hansen, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:            CR-12-00766
RELEASE NUMBER:     2013-030_Sims

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

TUCSON, Ariz.   On April 8, 2013, Rosa Maria Gutierrez, 55, of Nogales, Ariz. was sentenced by U.S. District Judge David C. Buryto 46 months in prison.  Gutierrez pleaded guilty on Nov. 28, 2012, to 25 counts of wire fraud

Gutierrez worked for Chamberlain Group, Inc. from December 2005 through March 2011.  Chamberlain Group, Inc., headquartered in Elmhurst, Ill., is a manufacturer of residential and commercial door operators, access control products and gate operators. Gutierrez worked at both the Nogales, Sonora and Nogales, Ariz. facilities that assembled access control products.  In 2004, Gutierrez was promoted to the position of Accounts Payable Supervisor.   She was one of two employees who were authorized to create a vendor account, from which vendors were paid.  Gutierrez misused her position to create a false vendor account, and fraudulently billed Chamberlain for fictitious services and goods.  In fact, the money was paid directly to her bank account and no services were performed.  She submitted 105 false claims for $1,260,930.60 before her crimes were detected. 

After Gutierrez completes her prison term, she will be monitored on supervised release for 36 months.  She was ordered to pay restitution totaling $ 1,862,254.41, of which, $663,953.81 is to be paid to Chamberlain Group, Inc. for her theft and the costs of the internal investigation.  Gutierrez was ordered to make restitution of $1,198,300.60 to American Insurance Company, Chamberlain’s insurance carrier.  Judge Bury ordered forfeiture of $1,260,930.60. Gutierrez will be prohibited from occupations in which she has access to other people’s money.   Gutierrez was taken into custody immediately following the sentencing hearing.

The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution is being handled by Sandra M. Hansen, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:            CR-12-0512 DCB(BGM)
RELEASE NUMBER:     2013-028_Gutierrrez

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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 – Robert Gene White, 45, of Chandler, Ariz. was found guilty of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana and less than 500 grams of cocaine, conspiracy to commit money laundering and three counts of transactional money laundering.  Nadunt Chibeast, 61, of Tempe, Ariz. was found guilty of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana and less than 500 grams of cocaine, and conspiracy to commit money laundering. The case was tried before U.S. District Judge Susan R. Bolton from March 19 through April 4, 2013. Sentencing is set before Judge Bolton on July 8, 2013.

                 “This investigation epitomizes the effectiveness of coordinated federal and local law enforcement agency efforts,” said United States Attorney John Leonardo. “Drug traffickers using legitimate and illegitimate means to move drugs and money will be found out, arrested and prosecuted to the full extent of the law.” 

                 “These guilty verdicts are the result of hard work and a true team effort.  We are proud to be part of Operation Green Parcels.  Our agents will continue to provide their expertise in narcotics cases by investigating money laundering  - a skill that was crucial to the prosecution of these defendants” said Gabriel Grchan, Acting Special Agent in Charge of the Phoenix Field Office of Internal Revenue Service Criminal Investigation.

            The trial evidence showed that the drug trafficking organization (DTO) received drugs from Mexico via “backpackers,” repackaged the marijuana into parcels, then shipped it through United Parcel Service (UPS). White, who was a Phoenix UPS driver at the time, knowingly received the packages from the DTO and delivered them into the UPS mail-stream for delivery to customers in New York, Ohio and Virginia.  In return, the DTO received parcels of money ranging from $20,000 to $30,000 from the buyers. To conceal who the money was being sent to, the DTO had buyers address returning money parcels to real addresses on White’s delivery route but with fictitious business names and suite numbers that did not exist. White then redirected them to the DTO. White shipped 200 to 300 pounds of marijuana each week for over a year, receiving as much as $50 for each pound of marijuana that went through his truck.

            The trial evidence also showed that Chibeast assisted the DTO by driving a suspected drug load, assisting with marijuana packaging and conspiring to launder money. Chibeast allowed the DTO to direct its drug buyers to deposit money into his bank accounts in their home states and then he would transfer the money to the DTO’s bank accounts or withdraw cash to physically provide it to other DTO members. 

            A conviction for conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana and less than 500 grams of cocaine carries a maximum penalty of life, a $10 million fine or both. A conviction for conspiracy to commit money laundering carries a maximum penalty of 20 years, a $500,000 fine or both.  Each conviction for transactional money laundering carries a maximum penalty of 10 years, a $250,000 fine, or both. 

            The investigation in this case was conducted by the Drug Enforcement Administration, the Internal Revenue Service, and Pinal County Narcotics Task Force officers from the Pinal County Sheriff’s Office, the Coolidge Police Department, the Apache Junction Police Department and the Maricopa Police Department. The prosecution was handled by Glenn McCormick, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:                   CR-11-01243-PHX-SRB
RELEASE NUMBER:            2013-027_White_etal

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

PHOENIX  – On April 1, 2013, Kelbert Jay Nez, 22, of Leupp, Ariz., was sentenced by U.S. District Judge G. Murray Snowto 180 months imprisonment.  Nez pleaded guilty to sexual abuse.

Nez was charged by indictment with two counts of aggravated sexual abuse of a minor, pursuant to 18 U.S.C. § 2241(c) and one count of sexual abuse, pursuant to pursuant to 18 U.S.C. § 2242(2).  The charges in the indictment addressed the sexual abuse of two minor victims, ages 10 and 13 at the time of the abuse.  The offense occurred on the Navajo Reservation.

The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution is being handled by Cassie Bray Woo, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-8103-PCT-GMS
RELEASE NUMBER:     2013-026_Nez

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

PHOENIX – On March 27, 2013, Keith Patrick Manuel, 40, of Bapchule, Arizona, was sentenced by U.S. District Judge Karen Schreierto 180 months in prison to be followed by lifetime supervised release. Keith Manuel pleaded guilty on January 15, 2013, to Abusive Sexual Contact

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  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 and the Gila River Police Department. The prosecution is being handled by Raynette M. Logan and Jennifer E. Green, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-01557-PHX-DGC 
RELEASE NUMBER:     2013-025_Manuel

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

TUCSON – On March 27, 2013, Curtis Michael Garcia, 33, of Sells, Ariz., was sentenced by U.S. District Judge Raner C. Collins to 16-1/2 years in prison.  Following incarceration, Garcia will be on lifetime supervision with sex offender conditions, including registering as a sex offender.  Garcia, a member of the Tohono O’odham Nation, pleaded guilty on Aug. 31, 2012, to two counts of abusive sexual contact

                 Between March 1 and May 30, 2009, Garcia sexually abused two minor females on the Tohono O’odham Nation.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Tohono O’odham Police Department. The prosecution is being handled by Nicole Savel, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:            CR-11-2323-TUC-RCC 
RELEASE NUMBER:     2013-024_Garcia

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

TUCSON – On March 25, 2013, Jordan Munah Yow Choy Anthony, 21, of Pleasant Grove, Utah, was sentenced by U.S. District Judge Raner C. Collins to four years in the Bureau of Prisons.  Following incarceration, Anthony will be on lifetime supervision with sex offender conditions, including registering as a sex offender.  Anthony pleaded guilty on Nov. 2, 2012, to transportation of another with intent to engage in illegal sexual activity.

From March 14-18, 2011, in Arizona, and elsewhere, Anthony used the internet and a cellular phone to communicate with a minor in Arizona, who he knew to be 14 years old.  In December 2010, Anthony sent an e-mail to the minor about plans to pick her up and drive to Florida.  On March 14, 2011, Anthony traveled from his hometown in Pleasant Grove, Utah, to Arizona, to pick up the minor at her residence.  He traveled with the minor through New Mexico and into Galveston, Texas intent on continuing to Florida.  On March 18, 2011, they were found in Galveston and Anthony was arrested by local police officers.

The investigation in this case was conducted by the Federal Bureau of Investigation, the Pima County Sheriff’s Department, and the Galveston, Texas, Police Department.  The prosecution is being handled by Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:            CR-11-1387-TUC-RCC 
RELEASE NUMBER:     2013-023_Anthony

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

PHOENIX – Lee Kinder Tso, 50, of Many Farms, Ariz. and a member of the Navajo Nation, pleaded guilty on March 15, 2013 in a federal district court in Phoenix, to assault with a dangerous weapon and brandishing a firearm during a crime of violence.

Tso had been charged with four counts of assault and four counts of using a firearm during a crime of violence.  On Feb. 3, 2012, Tso used a rifle to shoot two victims on the Navajo Nation Indian Reservation, causing the victims serious physical injury. The victims were hospitalized with one victim being admitted for about two months.

A conviction for assault with a dangerous weapon carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.  A conviction for brandishing a firearm during a crime of violence carries a minimum of seven years in prison to life, consecutive to any other prison time imposed, a $250,000 fine, or both.   

Sentencing is set before Judge Neil V. Wake on June 3, 2013. 

The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Police Department.  The prosecution is being handled by Jennifer E. Green, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-8051-PCT-NVW
RELEASE NUMBER:     2013-022_Tso

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

TUCSON, Ariz. – On March 7, 2013, former Pima County Sheriff’s Deputy Francisco Jimenez, of Tucson, Ariz., was sentenced by U.S. District Judge Jennifer G. Zipps to five years in prison for conspiring to commit offenses against the United States, namely, theft of government money and attempted possession with the intent to distribute marijuana.  In addition, Jimenez was ordered to serve a three-year term of supervised release upon his release from prison and to pay $12,000 in restitution to the government. 

Jimenez pleaded guilty on June 25, 2012, to Count One of a superseding indictment charging conspiracy to commit offenses against the United States.  The superseding indictment, which also charged four other defendants, alleged eight offenses involving corruption within law enforcement.  The charged offenses stemmed from multiple undercover scenarios involving the defendants’ use, or the attempted use, of law enforcement officers to steal or protect drug loads and to steal money purportedly belonging to drug trafficking organizations. 

Two undercover scenarios leading to charges in the superseding indictment involved the theft of government money from the glove compartment of a vehicle during traffic stops conducted by defendant Jimenez, who was then a Pima County Sheriff’s Deputy.   On June 26, 2010, and then again on Oct. 8, 2010, Jimenez performed a traffic stop on a vehicle which purportedly contained drug proceeds, searched the vehicle, and stole $4,000 from the glove compartment of the vehicle.  

A third undercover scenario involved the purported theft of marijuana and drug money from a storage facility in Green Valley, Ariz..  On Nov. 24, 2010, Jimenez drove his patrol car near the storage facility to provide security while co-conspirators broke into a storage unit to steal marijuana and drug proceeds that were supposedly in the storage unit.

          Co-defendant Miguel Arvizu, a former Pima County Sheriff’s Deputy at the time of the charged offenses, was sentenced on July 10, 2012, to five years imprisonment for his role in arranging and participating in the offenses, as well as recruiting Jimenez and other co-defendants into the conspiracy.  Arvizu was also ordered to serve a three-year term of supervised release upon his release from prison and to pay $31,000 in restitution to the government.

The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Eric Markovich and Gordon Davenport, Assistant U.S. Attorneys, District of Arizona, Tucson.

CASE NUMBER:            CR-11-00791-TUC-DCB  
RELEASE NUMBER:     2013-021_Jimenez

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

PHOENIX – On March 4, 2013, Harry McCabe, Sr., 52, of Woodsprings, Ariz. was sentenced by U.S. District Judge James A. Teilborg to a cumulative sentence of 166 months imprisonment. McCabe was found guilty by a federal jury on Nov. 29, 2012, of one count of assault with a dangerous weapon, one count of assault resulting in serious bodily injury, and two counts of discharging a firearm during a crime of violence

The evidence at trial showed that the defendant assaulted the victim by firing a .22 caliber rifle at him, causing a bullet wound to the head resulting in serious bodily injury. 

At sentencing, Judge Teilborg sentenced McCabe to the mandatory minimum sentence of 120 months imprisonment for discharging a firearm during a crime of violence and an additional 46 months imprisonment for the assault charges, ordering the 46 month sentence to run consecutive to the defendant’s 120 month sentence of imprisonment.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Criminal Investigation. The prosecution was handled by Cassie Bray Woo, Brian E. Kasprzyk, and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-8135-PCT-JAT
RELEASE NUMBER:     2013-020_ McCabe

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

TUCSON – On March 1, 2013, Todd Russell Fries, aka Todd Burns, age 49, of Tucson, Ariz., was sentenced by U.S. District Judge Cindy K. Jorgenson to 151 months in the Bureau of Prisons. Fries was found guilty by a federal jury on October 5, 2012, of unlawful possession and use of a chemical weapon and providing false information to the FBI.

Evidence presented at trial showed that the victims hired Fries, the owner of Burns Power Washing, to perform work on the driveway of their northwest Tucson home. Although Fries’ employees performed the work, the victims were not happy with its quality. The victims ultimately stopped payment on the final installment, which was a check in the amount of $200.00 made payable to Fries.

Following cancellation of the check, the victims were the subject of what was originally thought to be a hate crime. On the morning of Nov. 1, 2008, the victims woke up to find that motor oil, paint, grease, feces, dead animals, and foam packing peanuts had been strewn on the driveway leading up to the front door of their home. The home and driveway had been painted with graffiti, which included swastikas and slurs. The garage door was sealed shut with an adhesive.

As a result of the first attack, the victims moved to a gated community, near the Omni National Golf Course. On the morning of Aug. 2, 2009, the Pima County Sheriff's Department received several emergency calls that reported a strong chemical smell near the Omni National Golf Course. The Sheriff's Department and the Northwest Fire Department responded to the victims’ home and observed a strong chlorine smell, as well as a huge white cloud containing chlorine that enveloped the neighborhood.  After evacuating the neighborhood, deputies found buckets of burning, gas-emitting, debris in front of the home, as well as on the back patio of the home. Deputies also found a thick, viscous, slimy material, which appeared to be a combination of paint, motor oil, and foam peanuts, spread on the front driveway, the sidewalk, and the walkway leading to the front door of the home. In addition, deputies found dead animal and woodpecker carcasses strewn in the front of the home. Gang graffiti was spray painted on the front of the home. The front door, windows, and garage door were all sealed shut with a foam expanding seal. 

The FBI investigation was able to link the items found at the scenes of both attacks to Fries.

The investigation in this case was conducted by the Federal Bureau of Investigation, the Pima County Sheriff’s Department, the Marana Police Department, the Tucson Police Department, and the Northwest Fire Department. The prosecution is being handled by Beverly K. Anderson and David A. Pimsner, Assistant U.S. Attorneys, District of Arizona, Tucson and Phoenix.

CASE NUMBER:            CR-11-1751-TUC-CKJ  
RELEASE NUMBER:     2013-019_Fries

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

PHOENIX – Roberto Aguilar-Ramirez, 51, of Parker, Ariz., pleaded guilty in federal district court in Phoenix on Feb. 19, 2013, to abusive sexual contact with a minor.  The minor victim was a member of the Colorado River Indian Tribes and the acts occurred on the Colorado River Indian Tribes Indian Reservation.   

                 Aguilar-Ramirez, a foster father, had been charged with engaging in various abusive sexual acts with the minor victim over a period of two years.

                 A conviction for abusive sexual contact with a minor carries a maximum penalty of life in prison, a $250,000 fine, or both.

                 Sentencing is set before Chief Judge Roslyn O. Silver on May 13, 2013.

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

CASE NUMBER:            CR-12-0922-PHX-ROS
RELEASE NUMBER:     2013-018_Aguilar-Ramirez

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

TUCSON, Ariz. – On February 14, 2013, Luis Vasquez, 33, formerly of Douglas, Ariz., and a former Customs and Border Protection Officer, was found guilty of drug charges by a federal jury in Tucson. The case was tried before U.S. District Judge David C. Bury. Vasquez was remanded to the custody of the United States Marshals Service while awaiting sentencing. Sentencing is set before Judge Bury on April 29, 2013.

The evidence at trial showed that Vasquez used his position as an inspector at the Douglas Port of Entry to allow over 1,200 pounds of marijuana into the United States from Mexico. He was found guilty on all counts, including conspiracy to import marijuana, unlawful importation of marijuana, conspiracy to possess with intent to distribute marijuana and possession with the intent to distribute marijuana. The convictions carry a maximum penalty of 40 years imprisonment, a $5,000,000 fine or both.

            The evidence at trial showed that on at least two occasions, Vasquez, along with other members of the conspiracy, imported a large quantity of marijuana from Mexico into the United States through the Douglas Port of Entry. Vasquez’ role in the conspiracy was to use his position as a Customs Officer to allow pick-up trucks loaded with marijuana to cross the international border without inspection. 

            The investigation in this case was conducted by the Federal Bureau of Investigation, the Department of Homeland Security, Customs and Border Protection and Office of the Inspector General, and the Douglas, Ariz., Police Department. The prosecution was conducted by James T. Lacey and Joseph W. Hanley, Assistant U.S. Attorneys, District of Arizona, Tucson.

CASE NUMBER:                   CR-11-2486-TUC-DCB        
RELEASE NUMBER:            2013-017_Vasquez

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

PHOENIX - Valentine’s Day is a time to celebrate loving relationships. But maybe it is also a good time for parents to check-in with their teenagers who may be involved in a romantic relationship.

If you are a parent of a teenager, do you know the names and faces of three of their friends?  Chances are one of them—maybe your own son or daughter—will be in an abusive relationship. 

The fact is teen dating violence is often hidden and unreported. Not only do teens often lack the experience to navigate romantic relationships, they may also be unable to voice their feelings or communicate when emotional situations take a turn for the worse.  Even more frightening is that if adolescents find the courage to tell their friends about being in an abusive relationship, statistics show that more times than not, their friends won’t know what to do to get them help.

February is National Teen Dating Violence Awareness and Prevention Month and it is a great opportunity to raise awareness and focus efforts on breaking the cycle of violence by providing information about the availability of services and the importance of healthy relationships to young victims, their families and their communities.

While the Nation’s understanding of domestic violence, sexual assault and stalking has increased, so too has our awareness that these forms of violence affect all age groups and that violence within relationships often begin during adolescence. However the pattern of abuse can start much earlier. Studies show that children who are victimized or witness violence may carry this experience with them to the playground, classroom and later to teen relationships and ultimately adult intimate partner violence.   As professionals, parents, educators, political and business leaders and other members of our local communities, we must teach about and model healthy, non-violent relationships.  Intervention and prevention efforts are key elements to stopping the cycle of abuse and are priorities at the Department of Justice and here in the District of Arizona.

Attorney General Eric Holder’s Defending Childhood initiative is leveraging existing resources across the Department to focus on preventing, addressing, reducing and more fully understanding childhood exposure to violence. In support of this initiative, the Department’s Office on Violence Against Women awarded $5.6 million to 17 organizations that support services for children and caretakers including direct counseling, advocacy or mentoring for children or youth exposed to domestic and dating violence, sexual assault and stalking.

The Office on Violence Against Women administers several youth focused grant programs established by the Violence Against Women Act. This office has awarded grants totaling $38,641,872 to groups in Arizona since 2007 including over $7 million to agencies in Pima County such as Pima County Superior Court, Tucson City Court, the Pasqua Yaqui Tribe and the Tohono O’Odham Nation.  Through these grants, federal funds provide unique opportunities for communities to increase collaboration among victim service providers, children, youth and men’s groups and schools to help teens understand healthy relationships.  Through these partnerships, agencies can focus on educating the community, teens and children about identifying the signs of abuse and assist them in locating services if they or someone they know is experiencing a physically or emotionally abusive relationship. 

Working to end violence in families and communities remains one of the U.S. Attorney’s Office in Arizona’s highest priorities. Every year, millions of children and adolescents across the United States are victimized and exposed to violence in their homes and communities, and often suffer severe long-term emotional and physical consequences. When these problems remain unaddressed, children are at higher risk for school failure, substance abuse, repeat victimization and perhaps, most disturbingly, perpetrating violent behavior later in their own lives.  It is our responsibility to address this serious issue and protect our children.

So on this Valentine’s Day, I encourage everybody, especially parents, to look beyond the roses and chocolate-filled hearts that your children may have exchanged and provide an environment to talk about healthy, violence-free relationships. 

John S. Leonardo
United States Attorney
District of Arizona

RELEASE NUMBER:     2013-016_TeenDatingViolenceVersion2

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

PHOENIX– On Feb. 4, 2013, Robert Francis Dayaye, Jr. (a.k.a. “Fat Rob”), 33, of Whiteriver, Ariz., was sentenced by U.S. District Judges Neil V. Wake and G. Murray Snow to a combined term of imprisonment of 15 years.  Dayaye pleaded guilty on Oct. 5, 2102, to possession with intent to distribute methamphetamine and attempted carjacking in two separate cases

Before his arrest, Dayaye was the leader of the Diamond Creek Boyz (“DC Boyz”) gang on the Ft. Apache Indian Reservation.  On Dec. 6, 2011, Dayaye was found in a vehicle with a handgun and over 100 grams of actual methamphetamine.  A federal search warrant was executed on a storage locker Dayaye was utilizing in Feb. 2012, and approximately 100 firearms were seized, most of which were military style weapons and four of which were illegal.

On June 11, 2011, Dayaye ordered four others to steal a car from a female acquaintance. The four men attempted to steal the car by force, which resulted in the hospitalization of the victim.

The investigation in this case was conducted by the Federal Bureau of Investigation, the Arizona Department of Public Safety, the Bureau of Alcohol Tobacco Firearms and Explosives and the Drug Enforcement Administration, as part of the Northern Arizona Violent Gang and Safe Streets Task Force.  The prosecution was handled by Dimitra H. Sampson and Keith E. Vercauteren, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-8017-PCT-NVW and CR 12-8098-005-PCT-GMS         
RELEASE NUMBER:     2013-014_Dayaye

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

PHOENIX – On Feb. 4, 2013, Anthony Keith Swint, 43, of Phoenix, Ariz., was sentenced by U.S. District Judge Paul G. Rosenblatt to 33 months in federal prison.  Swint was found guilty by a federal jury in Prescott, Ariz. on Sept. 28, 2012, of two counts of assault on a federal officer.  

Swint was driving a tractor-trailer that got stuck near the South Rim of the Grand Canyon, near the Bright Angel Trial. Swint caused a disturbance with Xanterra employees who were trying to help him unlock his brakes and get back on the road.  The employees called park rangers to assist them, and Swint’s anger escalated as he cursed at the rangers and ignored their orders for him to stay in the cab.  As the rangers were trying to detain Swint, he kicked one ranger, causing the ranger to fall to the ground.  Later, as several rangers were escorting Swint into a booking facility, he bit a ranger’s hand.  Evidence at trial showed that Swint had a lengthy criminal history, which included a prior incident of assault in Michigan in 2004.

The investigation in this case was conducted by the National Park Service.  The prosecution was handled by Jennifer E. Green and Tracy Van Buskirk, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-8080-PCT-PGR  
RELEASE NUMBER:     2013-013_Swint

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

TUCSON – On Jan. 31, 2013, Michael A. Alvarez-Suarez, 19, of Tucson, Ariz., was sentenced by visiting U.S. District Judge Marvin Aspen to 18 months in a federal prison, followed by 3 years of supervised release.  Alvarez-Suarez pleaded guilty on Nov. 29, 2012, to one count of aggravated assault.  Both the victim and the defendant are members of the Pascua Yaqui Tribe, where the altercation took place.

            On Aug. 1, 2011, one week after turning 18, Alvarez-Suarez got into a confrontation with a man.  Alvarez-Suarez pulled out a pocket knife during the encounter and stabbed the victim twice, resulting in non-life-threatening injuries.  Alvarez-Suarez was arrested by Pascua Yaqui police and was prosecuted through the Tribal Court, where he served a 6 month prison sentence for assault.  In the meantime, he was indicted by a federal grand jury for felony aggravated assault and was taken into federal custody on Jan. 25, 2012, immediately after completing his tribal sentence.

The investigation in this case was conducted by the Pascua Yaqui Police Department and the Federal Bureau of Investigation, Tucson Office.  The prosecution was handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:            CR-12-0114-DCB(DTF)
RELEASE NUMBER:     2013-012 _Alvarez
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

TUCSON, Ariz. – On Jan. 28, 2013, Jalen Michael Montana, 36, of Sells, AZ, was sentenced by U.S. District Judge Cindy K. Jorgenson to 15 years in the federal Bureau of Prisons. Montana was sentenced following a guilty plea on Sept. 10, 2012, to one felony count of voluntary manslaughter for the New Year’s Eve stabbing of another Tohono O’odham member.

            On Dec. 31, 2009, Montana and the 17 year old victim, members of rival gangs, were both attending a dance on the Tohono O’odham Indian Reservation.  Following a brief confrontation earlier that evening, Montana re-approached the victim on the dance floor, just as midnight approached, and stabbed him twice in the chest.  Tohono O’odham police arrived minutes later and began administering CPR.  However, the victim’s heart had been punctured and he died almost immediately.  Montana fled the scene.  He was eventually captured by Tohono O’odham authorities and indicted for murder by a federal grand jury on May 11, 2011.

The investigation in this case was conducted by the Tohono O’odham Police Department and the Federal Bureau of Investigation, Tucson Office.  The prosecution was handled by Micah Schmit, District of Arizona, Tucson.

CASE NUMBER:            CR-11-1750-TUC-CKJ
RELEASE NUMBER:     2013-010_Montana

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

PHOENIX – On Jan. 28, 2013, Kenneth Brian Cobb, 46, of Scottsdale, Ariz., was sentenced by U.S. District Judge Roslyn O. Silver to five years supervised probation with eight months of weekend incarceration and was ordered to pay $32,000 in restitution.  Cobb pleaded guilty on Sept. 10, 2012, to theft of government property and a violation of the Endangered Species Act. 

                 “The saguaro cactus is a symbol of the Sonoran desert and Arizona.  Saguaros are protected by state and federal law to avoid their becoming threatened by the very actions of people like the defendant.” stated U.S. Attorney John Leonardo.  “The defendant stole these precious resources from federal lands and sold them for profit. This prosecution demonstrates that such activity will not be tolerated.”

“Our protected natural resources are so important to our landscapes and so well-loved by our citizens,” said Nick Chavez, the U.S. Fish & Wildlife Service’s (Service) Southwest Region Special Agent in Charge. “We take violations of the Endangered Species Act very seriously”

Cobb admitted that between Jan. 1, 2010, and Feb. 28, 2010, he took eight saguaro cacti from federal land managed by the U.S. Department of the Interior, Bureau of Land Management, near Wickenburg.  He later sold the cacti for approximately $2,000 each.  In addition, on Jan. 21, 2011, Cobb exported two saguaro cacti from the United States to Austria without a valid export permit.

The investigation in this case was conducted by the U.S. Department of the Interior, Bureau of Land Management and Fish and Wildlife Service. The prosecution is being handled by Jennifer Levinson, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-01594-PHX-ROS
RELEASE NUMBER:     2013-011_Cobb

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

PHOENIX – On Jan. 28, 2013, Brice Little, 29, of Parker, Ariz., and a member of the Colorado River Indian Tribes, was sentenced by U.S. District Judge Frederick J. Martone to 15 years in federal prison followed by supervised release.  Little pleaded guilty on Oct. 2, 2012 to child abuse under an assimilated Arizona statute. 

Little was watching his girlfriend’s daughter, a four-month old infant, in a motel room on the Colorado River Indian Tribes Indian reservation. While under his care, the victim suffered serious injury, including severe head trauma.  Little failed to obtain any medical treatment for her, and instead, he watched television.  The victim later died as a result of the injuries.

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 Dyanne Greer and Jennifer E. Green, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-0206-PHX-FJM  
RELEASE NUMBER:     2013-009_Little

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

PHOENIX – On Jan. 23, 2013, Loren Kaysang Tahbo, 33, of Parker, Ariz., and a member of the Colorado River Indian Tribes, pleaded guilty in federal district court to second-degree murder.

On Aug. 10, 2012, Tahbo stabbed and ultimately killed a man on the Colorado River Indian Tribes reservation.  Tahbo left the scene of the murder and crashed the victim’s car into a canal. He later fled to a woman’s home where tribal police apprehended him.  Tahbo is currently held in federal custody pending sentencing. 

A conviction for second-degree murder carries a maximum penalty of life in prison, a $250,000 fine, or both.  Sentencing is set before Judge Frederick J. Martone on April 2, 2013. 

The investigation in this case was conducted by the Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department.  The prosecution is being handled by Jennifer E. Green, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-01773-PHX-FJM
RELEASE NUMBER:     2013-008_Tahbo

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

TUCSON, Ariz. - In the wake of the January 8, 2011 shooting here in Tucson, and other mass shooting incidents in this country since then, culminating with the school shooting in Connecticut last month, the political climate for a constructive discussion about gun control appears to be more favorable now than ever before. If not now, when? In recognition of this, the President and Vice President are leading an effort to identify concrete steps that can be taken to help prevent mass shootings and reduce gun violence in this country. As the President said, “While there is no law or set of laws that can prevent every senseless act of violence completely, if there is even one thing we can do to reduce this violence – if even one life can be saved – we have an obligation to try.” Gabby Giffords and Mark Kelly have also responded to this issue by founding Americans for Responsible Solutions to help foster this discussion and move it forward.

            What are the most reasonable, widely accepted, steps that can be taken? The President outlined four areas:

1.  Close background check loopholes to keep guns out of the hands of criminals;
2.  Ban military-style assault weapons, high capacity magazines, and armor piercing bullets;
3. Make schools safer; and
4. Increase access to mental health services.

            The primary action is closing the background check loopholes that now allow a person legally prohibited from possessing guns to obtain them, without a background check, simply by buying them at a gun show. This is an obvious step that has little opposition. The only issue is a practical one: how to provide background checks in a private gun sale? A common sense, not overly burdensome, solution would be to require all gun sales and exchanges to go through a licensed firearms dealer that has the ability to run a background check. Dealers would be entitled to collect a modest fee for their trouble and every firearms exchange would then be subject to the same screening process to keep guns out of the hands of criminals. This system would also maintain up to date and accurate gun ownership information that would assist law enforcement in tracing guns involved in crimes.

The second essential part of any effort to keep guns out of the hands of criminals must be to get tougher on those who buy guns with the express purpose of selling them to criminals and punishing anyone who helps such “straw purchasers.” The Bureau of Alcohol, Tobacco and Firearms has the primary responsibility of enforcing our gun laws, but it has been hampered in its mission by both a lack of effective law and resources, and the fact that Congress has not confirmed a director of this agency in six years.

            Congress should restore a ban on military-style assault weapons and a 10 round limit for magazines. The type of assault rifle used in Aurora, for example, when paired with high capacity magazines, has one purpose: to pump out as many bullets as possible, as quickly as possible – bullets often designed to inflict maximum damage. While such a ban would not eliminate the possibility of a mass shooting, it would likely reduce the extent of the damage and loss of lives that could be inflicted in such a situation. The shooters at Virginia Tech, Tucson, Aurora, and Newtown all used magazines holding more than 10 rounds. These high capacity magazines, which currently come standard with many handguns and rifles, enable any semiautomatic weapon to be used as an instrument of mass violence.

We need to make our schools safer. Each school is different and should have the flexibility to address its most pressing needs. Some school will want trained and armed police; others may prefer increased emergency training and counseling services. Either way, each community should be able to choose what is best to protect its own students and teachers. New resources should be provide to hire school psychologists, social workers, and counselors to support students struggling with mental health issues and thereby help to avert a crisis before it occurs. School security systems and safety equipment should be available, and every school should have a high-quality emergency plan in place.

            We need to keep guns out of the hands of people with serious mental illness, but we also need to identify mental health issues early and help individuals get the treatment they need, before dangerous situations develop. Teachers and others who regularly interact with students are in the best position to recognize young people who need help and ensure they are referred for mental health services. The President has proposed stipends and tuition reimbursements to train more than 5000 additional mental health professions to serve students and young people; he has also proposed that health insurance plans cover mental health benefits at parity with other benefits.

While most American believe that the Second Amendment guarantees an individual’s right to bear arms, they also believe that we all share a responsibility to take all reasonable steps to ensure that guns are used safely and don’t fall into the wrong hands. The President’s proposals recognize both our right and our obligations.

John S. Leonardo
United States Attorney
District of Arizona

RELEASE NUMBER:            2013-007_Letter to the Editor on Gun Control

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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 Jan.14, 2012, Jordan Reed Sumatzkuku, 25, of Peach Springs, Ariz., was sentenced by U.S. District Judge David G. Campbell to 36 months in prison. Sumatzkuku was also sentenced to 12 months in prison for violating his supervised release in another case.  The sentences were ordered to run consecutively for a total sentence of 48 months in prison, followed by a term of three years of supervised release.  Sumatzkuku, a member of the Hualapai Nation Indian Tribe, pleaded guilty on Nov. 7, 2012 to assault on a federal officer.  Sumatzkuku’s sister, co-defendant Raema Sumatzkuku, was sentenced to 12 months in prison for assault on a federal officer on Dec. 17, 2012.

                 According to court records, on July 2, 2012, when a Hualapai Nation Police Officer tried to arrest Sumatzkuku’s sister, Sumatzkuku grabbed the officer, knocked him to the ground, and wrestled with the officer. The victim sustained a fracture to his left foot as a result of the assault. 

The investigation in this case was conducted by the Hualapai Nation Police Department and 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-12-8182-PCT-DGC  
RELEASE NUMBER:     2013-005_Sumatzkuku

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

TUCSON, Ariz. -- On Jan. 16, 2013, Corleen Ladawn Thompson, 36, of Casa Grande, Ariz., was sentenced by U.S. District Judge Raner C. Collinsto 37 months in federal prison and was ordered to pay $403,002.00 in restitution.  After her release from prison, Thompson will serve a term of 36 months supervised release.  Thompson pleaded guilty on Nov. 7, 2012, to conspiracy to defraud the government-false claims

“Because tax fraud undermines the integrity of our income tax system and therefore impacts all of us as taxpayers, our office places a high priority on the investigation and prosecution of this type of crime,” said U.S. Attorney Leonardo.

Thompson admitted that from March 13, 2010, and continuing through Jan. 28, 2012, she and others conspired to defraud the United States government by filing false and fictitious tax returns which falsely claimed refunds.  At least 150 false federal individual income tax returns were filed claiming $548,653.00 false refunds. Thompson offered to pay various sums of money to people whose identities were used.  Some of the identity information used by Thompson was passed, by her, or to her, by inmates at detention facilities.  Thompson provided or was provided names, social security numbers and dates of birth to use in filing false federal income tax returns.  Some of the individuals in whose name false claims for refunds were filed were, in fact, inmates in state and local detention facilities.  Thompson and others electronically submitted the false income tax returns to the Internal Revenue Service through the internet. 

The investigation in this case was conducted by Internal Revenue Service Criminal Investigation, Arizona Department of Public Safety, Pinal County Attorney’s Office, and the Casa Grande Police Department.  The prosecution is being handled by Danny N. Roetzel, Trial Attorney, Department of Justice, Tax Division and Sandra M. Hansen, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:            CR-12-000766-RCC
RELEASE NUMBER:     2013-006_Thompson

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

PHOENIX – Espiridion Adrian Lugo, 40, of Pittsburgh, Pa., was sentenced by U.S. District Judge Neil V. Wake on Jan. 14, 2013, to 54 months of prison and was ordered to pay $128,388 in restitution.  Lugo had pled guilty to conspiring to defraud the United States and aggravated identity theft on Oct. 10, 2012.

                 Between July 2008 and May 2009, Lugo engaged in a scheme to obtain monies from the United States through the submission of fraudulent tax returns.  Lugo submitted nearly three dozen Federal tax returns to the United States in the names of deceased persons from California.  For each of these tax returns, Lugo falsified the deceased individuals' wages, address, income tax withholdings, dependents, tax credits, and other deductions, in order to maximize the tax refund. To conceal his activity from law enforcement, Lugo created a shell company called Uncle Sam’s Tax Service in Buckeye, Ariz. and obtained bank accounts under that business name.

                 “Because tax fraud undermines the integrity of our income tax system and therefore impacts all of us as taxpayers, our office places a high priority on the investigation and prosecution of this type of crime,” said U.S. Attorney Leonardo.
“A 54 month prison sentence reflects the egregiousness of this crime.  Mr. Lugo went to great lengths to perpetrate his scheme which included stealing the identities of deceased taxpayers.  IRS Criminal Investigation, both nationwide and here in Arizona, has made investigating identify theft cases our top priority,” stated Gabriel Grchan, Acting Special Agent in Charge, IRS-CI.
In total, Lugo falsely claimed over $279,000 in refund payments and gained access to approximately $128,388 of the refunds.

The investigation in this case was conducted by the United States Internal Revenue Service.  The prosecution was handled by Raymond K. Woo and Joseph Koehler, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-0008-PHX-NVW
RELEASE NUMBER:     2013-004_Lugo

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

PHOENIX – On Jan. 14, 2012, Duane Kenny Parker, 25, of Peach Springs, Ariz., was sentenced by U.S. District Judge David G. Campbell to 70 months in prison, followed by three years of supervised release. Parker, a member of the Hualapai Nation Indian Tribe, pleaded guilty on October 15, 2012 to assault with a dangerous weapon. 

According to court records, Parker assaulted a Hualapai Nation police officer by striking the officer with a glass bottle after he responded to a domestic violence call. After the bottle broke, Parker swung the bottle at the officer a second time striking him in the neck area.  As a result of the assault, the victim sustained serious bodily injuries including a concussion. 

The investigation in this case was conducted by 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-12-8068-PCT-DGC  
RELEASE NUMBER:     2013-003_Parker

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

PHOENIX, Ariz. – On Jan. 14, 2013, Domingo Agustin-Simon, 31, and Leonardo Rabanales-Casia, 30, both of Guatemala, were sentenced by U.S. District Judge David G. Campbell for their roles in a Mesa-based hostage taking.  Agustin-Simon was sentenced to 35 years in prison for the hostage taking and conspiracy to commit hostage taking.  He was sentenced to an additional consecutive term of seven years for brandishing a shotgun in connection with the hostage taking.  Rabanales-Casia was sentenced to 25 years in prison for the hostage taking and conspiracy to commit hostage taking. Both men had previously been found guilty of those charges by a federal jury.

U.S. Attorney John S. Leonardo stated that, "These lengthy sentences serve to not only punish and deter such cruel and inhumane activity but also to protect the public from dangerous individuals that prey upon the vulnerabilities of their victims."

“This case illustrates the ruthlessness and brutality of the human smuggling trade,” said Matt Allen, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Arizona. “These smugglers treated the people in the drop house as a mere business commodity, with no qualms about jeopardizing human life in order to extort personal profit.   Investigating these cases is a top priority for HSI, and we will continue to work with our law enforcement partners to bring those who would choose to exploit people in this despicable way to justice. ”

Evidence at trial was that defendants were part of an alien smuggling operation responsible for crossing illegal aliens into the United States and harboring them at a drop house in Mesa.  On Aug. 10, 2011, an IIMPACT task force comprised of law enforcement from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, Arizona Department of Public Safety and Phoenix Police Department raided the drop house and found more than 40 illegal aliens inside.  Testimony at trial revealed that the smugglers threatened the aliens with physical harm and death and told family members that the aliens would be harmed or killed if payments were not made.  One hostage was beaten by the smugglers, the women were subject to sexual molestation and the evidence presented showed that one of the women was raped by Agustin-Simon.  The smugglers used a shotgun to keep order in the drop house.    

The following four co-defendants previously pleaded guilty in connection with their roles at the drop house and were sentenced to prison terms ranging from 24 months to 8 years: Sergio Rivera-Jimenez, 34; Jose Luis Garcia-Ortega, 22; Santos Bautista-Juan, 34; and Walmar Rocael Morales-Tomas, 19.  

The investigation in this case was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations. The prosecution was handled by Christine D. Keller and Sean K. Lokey, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:            CR-11-01622-PHX-DGC 
RELEASE NUMBER:     2013-002_ Agustin-Simon_etal

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

PHOENIX – On Jan. 7, 2013, Martin Oliver Pablo Sr., 22, of Sacaton, Ariz., and a member of the Gila River Indian Community, was sentenced by U.S. District Judge David G. Campbell to 189 months in prison. Pablo pleaded guilty on Oct. 2, 2012, to second-degree murder.

In April 2012, Pablo shot and killed a 19-year-old man at a family gathering following an argument.  Pablo, who had been drinking, fired a single shot to the victim’s chest. The victim later died as a result.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Gila River Police Department.  The prosecution was handled by Jennifer E. Green, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:            CR-12-811-PHX-DGC   
RELEASE NUMBER:     2013-001_Pablo

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

SEARCH THE SITE   August 16, 2011

PHOENIX – Two people have been charged in a 26-count indictment with 15 counts of mail fraud, 10 counts of wire fraud and one count of conspiracy in connection with a fraud scheme involving an Arizona business entity known as The Results Group (TRG). Edward Longoria, 41 of Laguna Beach, Calif., and Amber Halvorson, 34, of Phoenix, self-surrendered to the U.S. Marshals Service on August 12, 2011.

According to the indictment, between June 2004 and November 2006, Longoria and Halvorson owned and operated TRG, through which they deceptively sold Internet-based business opportunities to victims throughout the United States. Victims paid TRG between $99 and $599 to design and build websites "affiliated" with online retail companies such as amazon.com, overstock.com and gambling-related websites. Victims were told they would receive commissions from the retailers when consumers purchased products through the victims' website.

The indictment alleges that the defendants misrepresented to victims they were likely to earn a substantial income, in some instances upwards of $50,000 per month, with little risk. Victims were also promised assistance from TRG "marketing coaches" and a money-back, satisfaction guarantee. Additionally, TRG contacted victims after the initial sale of the website, soliciting $1,000 to $10,000 for fraudulent advertising programs. Victims were led to believe that purchasing the advertisement would make their businesses more profitable. It is estimated that there are several thousand victims with losses exceeding $20 million.

Each wire and mail fraud count carries a potential sentence of 30 years in prison, because this case involves allegations of telemarketing fraud, and a potential fine of $250,000. The maximum penalty for the conspiracy count is five years and a $250,000 fine.

Potential victims of this scheme may track the progress of the case by visiting the following link located on the U.S. Attorney for the District of Arizona's website: http://www.justice.gov/usao/az/us_v_longoria_etal.html. Potential victims may also leave a voice message at 602-514-7679; calls will be returned by a victim witness specialist in the order in which they are received.

An indictment 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 preceding the indictment was conducted the U.S. Postal Inspection Service. The prosecution is being handled by Peter Sexton and Dominic Lanza, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER: CR-11-1565-PHX (DGC)
RELEASE NUMBER: 2011-178(Longoria et al)

       

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