District of Arizona

TUCSON, Ariz. – Kevin Rojo-Barron, 21, of Phoenix, was sentenced last week by United States District Judge Scott H. Rash to 144 months in prison stemming from a deadly crash last March on the Tohono O’odham Nation. Rojo-Barron pleaded guilty on July 18, 2024, to Conspiracy to Transport Illegal Aliens for Profit Resulting in Death, and Transportation of Illegal Aliens for Profit Resulting in Death.

On March 2, 2023, near Why, on the Tohono O’odham Nation, the Tohono O’odham Police Department and United States Border Patrol responded to a 911 call of a vehicle collision at the intersection of State Route 86 and Federal Route 1. Rojo-Barron was driving the vehicle traveling northbound on Federal Route 1 at a high rate of speed and failed to yield at a stop sign, striking a vehicle traveling eastbound on State Route 86. All three Tohono O’odham Nation members in the other vehicle died as result of the crash. Further investigation showed that Rojo-Barron was smuggling four undocumented noncitizens and had an AR-15 style rifle in the vehicle at the time of the crash. One of the undocumented noncitizens died due to the crash and another was permanently injured. 

Homeland Security Investigations-Sells, Customs and Border Protection’s United States Border Patrol, and the Tohono O’odham Police Department conducted the investigation in this case. Assistant U.S. Attorneys Michelle Y. Chamblee and Ryan P. DeJoe, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-23-1844-TUC-SHR
RELEASE NUMBER:    2024-155_Rojo-Barron

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PHOENIX, Ariz. – Briarwood Country Club, Inc., a private country club located in Sun City has agreed to pay $631,400 to resolve allegations that it violated the False Claims Act by knowingly obtaining a loan under the Paycheck Protection Program (PPP) for which it was not eligible.

When Congress enacted the Coronavirus, Aid, Relief, and Economic Security (CARES) Act, it authorized forgivable PPP loans to eligible small businesses for job retention and certain other expenses. The PPP loan program was administered by the Small Business Administration (SBA). At the time of the loan covered by this settlement, certain entities organized under section 501(c) of the Internal Revenue Code were not eligible for PPP loans, including 501(c)(7) organizations.

In May 2020, Briarwood applied for a PPP loan in the amount of $431,800 and certified that it was eligible to receive the loan even though it was ineligible as a 501(c)(7) nonprofit organization. After receiving the PPP loan, Briarwood sought and received forgiveness of the loan. The United States contended that Briarwood knew or should have known it was ineligible to receive the PPP loan, and that it caused the SBA to pay lender fees to the bank that processed the loans. Briarwood will pay $631,400 to the United States to resolve these allegations.

“PPP loans were an important but finite resource to help save small businesses across America during a generational pandemic,” said U.S. Attorney Gary Restaino. “But Congress did not intend this vital resource to cover 501(c)(7) ‘social clubs’ like Briarwood. Thanks to the Small Business Administration for vindicating program rules and protecting the public fisc.”

SBA’s General Counsel Therese Meers stated, “[t]he favorable settlement in this case is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the U.S. Attorney’s Office, SBA’s Office of Inspector General and other Federal law enforcement agencies, as well as private individuals who uncover fraudulent conduct to recover the product of this fraud as well as penalties.”

The settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act. Under these provisions, a private party can file an action on behalf of the United States and receive a portion of the recovery. The qui tam complaint was filed by Relator Wade Riner and is captioned United States ex rel. Riner v. Recreation Centers of Sun City West, et al., No. 22-cv-01421 (D. Ariz.). Mr. Riner will receive a total share of approximately $63,400 in connection with the settlement.

The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office for the District of Arizona and the SBA’s Office of General Counsel and Office of the Inspector General. The Affirmative Civil Enforcement Unit of the United States Attorney’s Office for the District of Arizona handled this matter.

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

CASE NUMBER:            CV-22-01421
RELEASE NUMBER:    2024-153_Briarwood Country Club

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TUCSON, Ariz. – Duane “Sparky” Lee Johnsen, 55, of Tucson, was sentenced last week to 168 months in prison by United States District Judge John C. Hinderaker for violations of federal law related to child pornography. Johnsen was found guilty of Receipt, Knowing Access, and Possession of Child Pornography after a three-day federal jury trial in September 2023. When Johnsen is released from prison, he will be on lifetime supervised release and will be required to register as a sex offender.

Johnsen was found in possession of child sex abuse images through an investigation by Homeland Security Investigations (HSI) in Tucson, which located individuals using file-sharing programs to obtain these images. When HSI executed a search warrant at Johnsen’s home in December 2019, agents recovered numerous computers and digital storage devices which contained large amounts of data. Examination of the digital items confirmed that Johnsen had been searching for, downloading, categorizing, and saving very large numbers of child sex abuse images, including prepubescent victims, on several of his devices. Johnsen was also in possession of other material related to child sex abuse, including a manual on how to groom children and animated comics depicting sexual abuse of children.

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

Homeland Security Investigations Tucson conducted the investigation in this case. Assistant U.S. Attorneys Carin C. Duryee and Carson R. Gilbert, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-21-01118-JCH
RELEASE NUMBER:    2024-152_Johnsen

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TUCSON, Ariz. – Adam Tovar, 32, of Casa Grande, was sentenced on October 22, 2024, by United States District Judge Raner C. Collins to 120 months in prison, followed by lifetime supervised release. Tovar also will be required to register as a sex offender upon his release from prison. Tovar pleaded guilty to Enticement of a Minor on June 17, 2024.

From December 19, 2022, through December 29, 2022, Tovar communicated via Snapchat with a person who he knew was a minor. During that time, he persuaded, induced, enticed, and coerced the victim to engage in sexual activities with him. On December 29, 2022, during a traffic stop by the Marana Police Department, Tovar was found transporting the minor victim in the front passenger seat of his vehicle. In entering his plea of guilty, Tovar admitted that he had intended to transport the victim from the victim’s home to a hotel, where he intended to engage in sexual acts with the victim.

Homeland Security Investigations conducted the investigation in this case. Assistant U.S. Attorneys Nathaniel J. Walters and Sarah J. Precup, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-00621-TUC-RCC
RELEASE NUMBER:    2024-151_Tovar

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PHOENIX, Ariz. – Eric Celaya, 30, of Phoenix, was sentenced on Monday by United States District Judge Michael T. Liburdi to eight months in prison, followed by 36 months of supervised release. On May 15, 2024, Celaya pleaded guilty to making a Material False Statement During the Purchase of a Firearm.

On January 19, 2023, Celaya purchased two firearms from a Federal Firearms Licensee (FFL) in Tempe. Celaya completed the Firearms Transaction Record, known as ATF Form 4473, and stated that he was the actual purchaser. However, Celaya knew he was purchasing the firearms on behalf of Jamie Tran. After Celaya submitted the ATF Form 4473 to the FFL, he purchased and left with the two firearms. Subsequently, Celaya provided the firearms to Tran. On February 15, 2023, and February 16, 2023, Tran used the firearms to shoot two Jewish community members in California, offenses charged as hate crimes in the United States District Court, Central District of California, Case Number 2:23-CR-00098-GW. Celaya had no prior criminal history and there was no evidence to show that Celaya was aware of Tran’s intentions or beliefs.

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

The Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. Assistant U.S. Attorney Addison Owen, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:                  CR-23-01456-PHX-MTL
RELEASE NUMBER:           2024-149_Celaya

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PHOENIX, Ariz. – United States Attorney Gary M. Restaino announced today that the Justice Department will monitor compliance with federal voting rights laws in Apache County, Maricopa County, Pima County, and Yuma County for the November 5 general election.

The Justice Department enforces federal voting rights laws that protect the rights of all eligible citizens to access the ballot. The department regularly deploys its staff to monitor for compliance with federal civil rights laws in elections in communities all across the country.

The Justice Department’s Civil Rights Division will coordinate the effort. Monitors will include Justice Department personnel, who will contact state and local election officials as needed throughout Election Day.

The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, National Voter Registration Act, Help America Vote Act, Uniformed and Overseas Citizens Absentee Voting Act and Civil Rights Acts. The division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA) to ensure that persons with disabilities have a full and equal opportunity to vote. The division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.

On Election Day, Civil Rights Division personnel will be available all day to receive questions and complaints from the public related to possible violations of federal voting rights laws. Reports may be made through the department’s website www.civilrights.justice.gov or by calling toll-free at 800-253-3931.

Individuals with questions or complaints related to the ADA may call the department’s toll-free ADA information hotline at 800-514-0301 or 833-610-1264 (TTY) or submit a complaint through a link on the department’s ADA website at www.ada.gov.

Complaints related to any disruptions at a polling place should always be reported to local election officials (including officials based in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. These complaints should also be reported to the department after local authorities have been contacted.

More information about voting and elections, including guidance documents and other resources, is available at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section.
 

RELEASE NUMBER:           2024-150_DOJ Election Monitoring

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PHOENIX, Ariz. – Justin Eric Lindsay, 29, of Phoenix, was sentenced last week by United States District Judge David G. Campbell to 42 months in prison, followed by 36 months of supervised release. On June 27, 2024, Lindsay pleaded guilty to two counts of Bank Robbery.

Between August 2023 and January 2024, Lindsay robbed six banks before he was arrested by agents from the Federal Bureau of Investigation. During two of the robberies, Lindsay falsely claimed he had a firearm.

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

The Federal Bureau of Investigation, with the assistance of Tempe Police Department, Mesa Police Department, and Task Force Officers from the Peoria Police Department and the Phoenix Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:                   CR-24-00147-PHX-DGC
RELEASE NUMBER:           2024-148_Lindsay

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TUCSON, Ariz. – Jose Gracia-Vega, 28, of Tucson, was arrested on October 17, 2024, by members of the Arizona Strike Force for Possession with Intent to Distribute 27 Pounds of Methamphetamine and was charged by criminal complaint on October 18, 2024. Ulises Yescas-Garcia, 23, of Tucson, and Sebastian Higuera-Fuentes, 22, of Nogales, Sonora, Mexico were also arrested for their involvement in a conspiracy to distribute methamphetamine and the distribution of methamphetamine in Tucson beginning in February of this year. Yescas-Garcia and Higuera-Fuentes were both charged earlier by indictment.

On October 2, 2024, Yescas-Garcia and Higuera-Fuentes were charged in a seven-count indictment with Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Aiding and Abetting Distribution of Methamphetamine in United States District Court, case CR-24-6720-TUC-RCC. The indictment alleges that they conspired with one another and others to distribute large amounts of methamphetamine in Tucson beginning in February 2024, and distributed that methamphetamine on at least six occasions during the time of the conspiracy.

On October 17, 2024, Gracia-Vega was arrested after being found in possession of approximately 27 pounds of methamphetamine destined for sale in Tucson. According to the complaint, Gracia-Vega met with Higuera-Fuentes that morning and provided him methamphetamine for later distribution. Higuera-Fuentes and Yescas-Garcia were arrested that same day on the charges set forth in the October 2nd indictment.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force operation. The OCDETF Strike Force Initiative identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The investigation is being conducted by Homeland Security Investigations, the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Marshals Service, the Marana Police Department, the Pima County Sheriff’s Office, and the Arizona Department of Public Safety. Assistant U.S. Attorney David Petermann, District of Arizona, Tucson, is handling the prosecution.

CASE NUMBER:           CR-24-6720-TUC-RCC
                                      24-mj-9730-N/A-EJM
RELEASE NUMBER:    2024-146_Gracia-Vega, Yescas-Garcia, Higuera-Fuentes

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PHOENIX, Ariz. – Adrian Hope Sullivan, 22, of Sacaton, was sentenced yesterday by United States District Judge Diane J. Humetewa to 12 years in prison, followed by five years of supervised release. 

On August 17, 2022, Sullivan, a member of the Gila River Indian Community, shot and killed the victim at the gun range in Sacaton, Arizona. Sullivan pleaded guilty on August 12, 2024, to Second Degree Murder.

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

CASE NUMBER:           CR-23-0136-PHX-DJH
RELEASE NUMBER:    2024-147_Sullivan

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PHOENIX, Ariz. – Scott P. Knox, 47, of Avondale, pleaded guilty last week to one count of Embezzlement by an Employee of the United States. Sentencing is scheduled for January 6, 2025, before United States District Judge Steven P. Logan.

In September 2023, after 16 years of employment with the DEA, Knox embezzled over $75,000 from a DEA vault to which he had access and control by virtue of his position as a Mission Support Specialist and Account Technician with the DEA in Phoenix. In this role, his responsibilities included safeguarding the DEA Imprest Fund, which is a designated cash reserve for managing recurring DEA expenses, including operational funds utilized by agents in the field. Knox admitted that he deliberately stole $75,546 in cash from the Imprest Fund secure room. Knox attempted to conceal his actions from the DEA, but his embezzlement was uncovered during an internal audit the DEA conducted in March 2024.

A conviction for Embezzlement by an Employee of the United States carries a maximum penalty of 10 years in prison, a fine of $250,000, or both, and a term of three years of supervised release.

The United States Department of Justice Office of the Inspector General conducted the investigation in this case. Assistant U.S. Attorney Kristen Brook, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:                   CR-24-01559-PHX-SPL
RELEASE NUMBER:           2024-145_Knox

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TUCSON, Ariz. – Linh Cao Nguyen, M.D., 51, of Peoria, was sentenced last week by United States District Judge John C. Hinderaker to 24 months in prison. Nguyen pleaded guilty to Health Care Fraud on March 19, 2024.

Over the course of several years, Nguyen engaged in a scheme to defraud various health care benefit programs, including Medicare, TRICARE, AHCCCS, Blue Cross Blue Shield, and UnitedHealthcare. As part of his scheme, Nguyen knowingly caused the submission of thousands of false billing claims. Nguyen also falsely created patient records to conceal and avoid detection of his fraudulent scheme. The fraudulent claims identified a medical doctor as the treating provider when, in fact, another provider such as a nurse practitioner, social worker, unlicensed psychology intern, or wound care nurse provided the service independently. By billing the medical service as if it were provided by a physician, Nguyen falsely inflated the amount his company was to be paid for the service.

The total loss to the insurance companies from Nguyen’s scheme was approximately $3.7 million. As part of his sentence, Nguyen was ordered to pay over $1.1 million in restitution to the private insurance companies. Nguyen also was required to pay over $2.5 million to the government in a separate civil agreement.

The United States Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the Department of Defense Office of Inspector General, Defense Criminal Investigative Service conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-02716-TUC-JCH
RELEASE NUMBER:    2024-144_Nguyen

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The Justice Department’s Election Threats Task Force (ETTF) announced developments this week in four cases involving interstate transmissions of threats to election personnel and other victims.

Teak Brockbank, 45, of Cortez, Colorado, pleaded guilty today to threatening a Colorado election official and making other threats to an Arizona election official, a Colorado state judge, and federal law enforcement agents between September 2021 and July 2024.

Brian Jerry Ogstad, 60, of Cullman, Alabama, was sentenced on Monday to 30 months in prison for sending messages threatening violence to election workers with Maricopa County Elections in Phoenix from Aug. 2-4, 2022, during and immediately following the Arizona primary elections.

Richard Glenn Kantwill, 61, of Tampa, Florida, was charged on Monday for allegedly sending a threat on Feb. 9 to an election official in addition to already pending charges for threats made to three other victims based on their political commentary in 2019 and 2020.

John Pollard, 62, of Philadelphia, was charged on Monday for allegedly threatening on Sept. 6 to kill a representative of a Pennsylvania state political party who was recruiting official poll watchers.

“As we approach Election Day, the Justice Department’s warning remains clear: anyone who illegally threatens an election worker, official, or volunteer will face the consequences,” said Attorney General Merrick B. Garland. “Over the past three and a half years, the Justice Department has been aggressively investigating and prosecuting those who threaten the public servants who administer our elections, and we will continue to do so in the weeks ahead. For our democracy to function, Americans who serve the public must be able to do their jobs without fearing for their lives.”

“Threats to election workers are threats to our democratic process,” said Deputy Attorney General Lisa Monaco. “No one should face violence or threats of violence simply for doing their job. The actions announced today make clear that we will not tolerate those who use or threaten violence in an effort to undermine our democratic institutions. To carry out their essential work, election officials must be free from improper influence, physical threats, and others forms of intimidation.”

“Our elections are made possible by the hard work and patriotism of election workers in communities across the country who are also our neighbors, relatives and friends, and they deserve to do this important work without being subjected to threats,” said FBI Director Christopher Wray. “The fact that election workers need to be worried about their security is incomprehensible and unacceptable. While these four cases are examples of the kinds of threats election workers are unfortunately facing, these cases also represent the FBI’s dedication in holding accountable those who undermine our democracy with this conduct. The FBI and our partners on the ETTF will work tirelessly to charge and arrest those callous enough to make these threats and make sure they are held accountable. Free, fair, and safe elections are critical to our country and our democratic ideals.”

“These defendants made serious threats of violence against members of the election community. Threats like these strike at the very heart of our democracy,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The cases announced today underscore the Criminal Division’s commitment to defending our democracy, safeguarding our elections, and protecting all election workers. Through the ETTF, the Department will vigorously investigate and prosecute all criminal threats against members of the election community.”

The four cases were all brought by the ETTF. Created by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Three years after its formation, the task force is continuing this work and supporting U.S. Attorneys’ Offices and FBI Field Offices nationwide as they join the task force in its critical work.

Under the leadership of the Attorney General and the Deputy Attorney General, the task force is led by the Criminal Division’s Public Integrity Section (PIN) and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

United States v. Brockbank (District of Colorado)

According to court documents, Brockbank admitted to using three social media accounts to post messages threatening Colorado and Arizona election officials between September 2021 and July 2024.

On Sept. 22, 2021, Brockbank posted the following message on social media:

“[Election Official-1] . . . needs to- No has to Hang she has to Hang by the neck till she is Dead Dead Dead. There will be accountability for these peoples actions in Communist Colorado and it won’t be judges and it won’t be weakmided cops that bring it!!! It will be Me it will be You it Will be every day people that understand that there life does not matter anymore with the future our country has laid out before it.”

As part of his plea, Brockbank also admitted to posting a message on Aug. 4, 2022, referring to election officials in Arizona and Colorado, saying: “Once those people start getting put to death then the rest will melt like snowflakes and turn on each other. . . . This is the only way. So those of us that have the stomach for what has to be done should prepare our minds for what we all [a]re going to do!!!!!! It is time.”

In addition, Brockbank admitted to posting a message threatening a Colorado state judge on Oct. 2, 2021, saying: “I could pick up my rifle and I could go put a bullet in this Mans head and send him to explain himself to our Creator right now. I would be Justified!!! Not only justified but obligated by those in my family who fought and died for the freedom in this country. . . . What can I do other than kill this man my self?”

Brockbank further admitted to threatening federal law enforcement on July 13, posting: “I believe every single FBI agent deserves to go explain themselves to our creator right away!!!! I am more than willing to send any/All of you there.”

Finally, Brockbank admitted to illegally possessing multiple firearms and ammunition.

“The security and sanctity of the American election system is core to the foundation of our Democracy,” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “We will prosecute people who threaten elections, election officials, or election workers to the fullest extent of the law.”

Brockbank pleaded guilty today to interstate transmission of a threat. He is scheduled to be sentenced on Feb. 3, 2025, and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Denver Field Office is investigating the case.

Acting Deputy Director Jonathan E. Jacobson of PIN’s Election Crimes Branch and Assistant U.S. Attorney Cyrus Y. Chung for the District of Colorado are prosecuting the case.

United States v. Ogstad (District of Arizona)

According to court documents, on or about Aug. 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through on or about Aug. 4, 2022, Ogstad sent multiple threatening direct messages to a social media account maintained by Maricopa County Elections. For instance, on or about Aug. 3, 2022, Ogstad stated: (1) “You did it! Now you are f*****.. Dead. You will all be executed for your crimes”; (2) F*** you! You are caught! They have it all. You f****** are dead”; (3) “You are lying, cheating m****** f******* . . . you better not come in my church, my business or send your kids to my school. You are f****** stupid if you think your lives are safe”; and (4) “You f******  are so dead.” On or about Aug. 4, 2022, Ogstad also stated, “[Y]ou people are so ducking stupid. Everyone knows you are lots, cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang f******!” In the course of his messages to the recipient, Ogstad transmitted an image of the character “Woody,” from the Toy Story film franchise, lying face down with an unidentified projectile in its back.

“In this election season we honor and respect those public servants who enable Americans to exercise their constitutional right to vote,” said U.S. Attorney Gary Restaino for the District of Arizona. “And we seek to protect all election workers from intimidation and harassment. Threats of violence, whether conveyed by words or deeds or pictures, will be met in this District with robust prosecution.”

Ogstad was sentenced on Monday to 30 months in prison, followed by three years of supervised release and a $1,000 fine, after pleading guilty on July 25 to one count of interstate transmission of a threat.

The FBI Phoenix Field Office investigated the case, with substantial assistance from the FBI Birmingham Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona prosecuted the case.

United States v. Kantwill (Middle District of Florida)

According to court documents, from September 2019 to July 2020, Kantwill, a dentist, sent over 100 threats to various public figures via Facebook and Instagram messages, email, and text. As charged in the superseding information filed on Monday, those threats included a threat sent via email to an author, a threat sent via text to a religious leader, and a threat sent via Instagram to a television personality. From April 2022 to April 2024, Kantwill also sent at least seven additional threats to four public figures via Facebook, including a threat to an election official in another state on Feb. 9, when Kantwill wrote: “You are a degenerate c***. and you are now the target of our own investigation. Take note because liberal t***s like you get raped in alleys, by really big black guys that serve our cause. So, you t*** are going to get raped by at least 5 n*****s, and do nothing. You are the number 1 target, you degenerate t***.”

“If you threaten someone with violence, we will take you at your word,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “Law enforcement officers and members of my office will work together to hold accountable and federally prosecute individuals who threaten to injure or kill others.”

Kantwill is charged with four counts of interstate transmission of a threat. If convicted, he faces a maximum penalty of five years in prison for each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case.

Trial Attorney Aaron L. Jennen of PIN and Assistant U.S. Attorney Abigail K. King for the Middle District of Florida are prosecuting the case, with assistance from Assistant U.S. Attorney Cyrus Y. Chung for the District of Colorado.

United States v. Pollard (Western District of Pennsylvania)

According to the indictment, on Sept. 6, Pollard sent threatening text messages to Victim 1, a resident of the Western District of Pennsylvania. Victim 1 had previously posted online, in Victim 1’s capacity as an employee of a state political party, that Victim 1 was recruiting volunteers to “help[] observe at the polls on Election Day” and included Victim 1’s phone number. Pollard allegedly texted Victim 1 that he was “interested in being a poll watcher” and included Victim 1’s first name. Pollard then allegedly texted three threats to Victim 1: (1) “I will KILL YOU IF YOU DON’T ANSWER ME!”; (2) “Your days are numbered, B****!”; and (3) “GONNA F***ING FIND YOU AND SKIN YOU ALIVE AND USE YOUR SKIN FOR F***ING TOILET PAPER, YOU F***ING KKK**T!”

“Threats of violence have no place in our society,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This is no less true when those threats of violence are directed at individuals associated with our electoral process — in this case, someone seeking to organize poll watchers. This conduct will not be tolerated in our district, and we will continue to work with our partners at the FBI to prosecute these offenses with the full weight of the law.”

Pollard was arrested on Monday and appeared in federal court in Philadelphia. He is charged with one count of interstate transmission of a threat. If convicted, he faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Pittsburgh Field Office is investigating the case.

Trial Attorney Jacob R. Steiner of PIN and Assistant U.S. Attorney Nicole A. Stockey for the Western District of Pennsylvania are prosecuting the case, with assistance from the U.S. Attorney’s Office for the Eastern District of Pennsylvania.

*****

An indictment or information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at tips.fbi.gov/home. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

TUCSON, Ariz. – Romeo Santino Giovanni, 46, was sentenced last week by Senior U.S. District Judge James A. Soto to 45 years in prison, followed by five years of supervised release. Giovanni pleaded guilty to Second Degree Murder on May 23, 2024.

On July 5, 2016, Giovanni, who was then a federal prisoner at a United States Penitentiary, used a cloth makeshift clothesline to strangle his cellmate to death. Giovanni left pieces of paper on his cellmate’s body, including one that read “lights out.”

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

CASE NUMBER:           CR-17-1428-TUC-JAS
RELEASE NUMBER:    2024-143_Giovanni

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PHOENIX, Ariz. – Brian Jerry Ogstad, 60, of Cullman, Alabama, was sentenced yesterday by United States District Judge Michael T. Liburdi to 30 months in prison, followed by 36 months of supervised release. Judge Liburdi also ordered Ogstad to pay a $1,000 fine. Ogstad pleaded guilty to one count of Making a Threatening Interstate Communication on July 25, 2024.

“In this election season we honor and respect those public servants who enable Americans to exercise their constitutional right to vote,” said United States Attorney Gary Restaino. “And we seek to protect all election workers from intimidation and harassment. Threats of violence, whether conveyed by words or deeds or pictures, will be met in this District with robust prosecution.”

“As Director Wray has said many times, threats of violence toward election workers are also threats to the democratic process and cannot become normalized,” said FBI Phoenix Acting Special Agent in Charge Jarod Brown. “The FBI takes seriously all threats of violence against public officials, and we will continue to assess them and take swift action as necessary.”

On August 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through August 4, 2022, Ogstad sent multiple threatening messages to an Instagram social media account maintained by Maricopa County Elections. For example, on or about August 3, 2022, Ogstad stated, (1) “You did it! Now you are [expletive]. Dead. You will all be executed for your crimes”; (2) “[expletive] you! You are caught! They have it all. You [expletive] are dead”; (3) “You are lying, cheating [expletive] . . . you better not come in my church, my business or send your kids to my school. You are [expletive] stupid if you think your lives are safe”; and (4) “You [expletive] are so dead.” On or about August 4, 2022, Ogstad further stated, “[Y]ou people are so ducking [sic] stupid. Everyone knows you are lots [sic], cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang [expletive]!”

The FBI Phoenix Field Office, with substantial assistance from the FBI Birmingham Field Office, conducted the investigation in this case. Assistant U.S. Attorney Mary Sue Feldmeier, District of Arizona, and Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section handled the prosecution.

CASE NUMBER:           CR-24-03130-PHX-MTL
RELEASE NUMBER:    2024-142_Ogstad

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TUCSON, Ariz. – Manuel Duarte-Ibarra, 32, of Mexico, was sentenced on Tuesday by United States District Judge Angela M. Martinez to 12 months in prison, followed by three years of supervised release. Duarte-Ibarra pleaded guilty to one count of Assault on a Federal Officer on July 3, 2024.

On February 21, 2024, near Newfield, Duarte-Ibarra was encountered by a United States Border Patrol agent. When the agent attempted to place him in handcuffs, Duarte-Ibarra jerked his hands away and attempted to run. During a struggle, Duarte-Ibarra kicked the agent in the chest multiple times while they were on the ground. Duarte-Ibarra admitted to agents that he was in the area to illegally transport undocumented noncitizens. Duarte-Ibarra also admitted to being under the influence of methamphetamine.

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Sarah B. Houston, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR 24-01307-TUC-AMM
RELEASE NUMBER:    2024-141_Duarte-Ibarra

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TUCSON, Ariz. –Pablo Martinez, Jr., 36, of Tucson, was sentenced last week by United States District Judge Scott H. Rash to 25 years in prison, followed by five years of supervised release. Martinez, Jr. pleaded guilty to Second Degree Murder on April 15, 2024.

On September 26, 2019, Martinez murdered the six-year-old victim by holding the victim’s face under the running bathtub faucet for between five to ten minutes, while giving the victim a bath. The victim inhaled water that caused liquid thermal burns, resulting in his death. The victim was an enrolled member of the Pascua Yaqui Indian Tribe.

The Federal Bureau of Investigation and the Pascua Yaqui Police Department conducted the investigation in this case. Assistant U.S. Attorneys Frances M. Kreamer Hope and Matthew C. Cassell, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-19-2617-TUC-SHR
RELEASE NUMBER:    2024-140_Martinez, Jr.

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PHOENIX, Ariz. – United States Attorney Gary M. Restaino announced today that Assistant United States Attorney (AUSA) Sean Lokey will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Lokey has been appointed to serve as the District Election Officer for the District of Arizona, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington. Lokey has served in this role since the 2020 election cycle.

United States Attorney Restaino stated: “It takes a village to ensure that every eligible voter can cast a ballot easily and efficiently, without interference or discrimination, and with confidence their vote will be counted. This Office and our federal partners have worked collaboratively with Arizona state and local law enforcement, state and local elections officials, and other first responders of democracy like All Voting is Local, the Arizona State Bar and the Arizona Prosecuting Attorney’s Advisory Council, preparing for a smooth and safe election. We thank the many civic leaders who have sat with us in educational panels, tabletop exercises, and security discussions.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).

“Democracy demands action to protect voters’ rights, and to disrupt the efforts of those individuals and entities who seek to deny those rights,” said U.S. Attorney Restaino. “In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Lokey will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 602-514-7516.”

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public by phone at 623-466-1999 or online at https://tips.fbi.gov/.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.

“Ensuring free and fair elections takes a commitment from all Americans,” noted United States Attorney Restaino. “It is important that those who have knowledge about barriers to voting rights or of specific instances of fraud by individual voters make that information available to the Department of Justice.”

Please note, however, that in the case of a crime of violence or intimidation, you should call 911 immediately before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
 

RELEASE NUMBER:    2024-139_Arizona-General-Election

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PHOENIX, Ariz. – Raymond Anthony Rabago Montoya, 23, of Phoenix, was sentenced on October 2, 2024, by United States District Judge Dominic W. Lanza to 12 months and one day in prison, followed by three years of supervised release. He also was ordered to pay $3,000 to the Cooperative Endangered Species Conservation Fund. His co-defendant and mother, Griselda Guadalupe Montoya-Gastelum, 50, of Sonora, Mexico, was previously sentenced by Judge Lanza on July 8, 2024, to 18 months in prison, followed by three years of supervised release. Montoya-Gastelum pleaded guilty to Conspiracy to Violate the Lacey Act on April 25, 2024, and Rabago Montoya pleaded guilty to the same offense on April 26, 2024.

Defendants coordinated the illegal importation of exotic and protected wildlife from Mexico, including tigers, panthers, monkeys, and exotic parrots, into the United States, concealed through ports of entry, for financial gain. U.S. Fish and Wildlife Service began investigating the defendants in August 2022 after receiving a report from a person who believed that the four exotic parrots they had purchased from Rabago Montoya had been illegally imported. This report and further investigation led to the January 2023 execution of a search warrant at the home of Carlos Castro, where a tiger cub, an alligator, 12 snapping turtles, 6 tortoises, and boxes of other reptiles were found. Snapchat messages revealed that Montoya-Gastelum and Castro discussed illegal exotic animal sales and trades. Castro was subsequently convicted of Unlawful Sale of Wildlife in the Arizona Superior Court, Maricopa County.

After federal agents observed advertisements for the sale of spider monkeys on Facebook, they conducted two undercover purchases of monkeys from the defendants for $6,000 each, one in April and one in May 2023. In June and August 2023, Rabago Montoya was encountered by law enforcement with dozens of endangered parrots concealed in his vehicle, many of which were deceased. Defendants were indicted on September 12, 2023, and arrested the following day.

“Once again we see Arizonans profiting from the concealment of contraband through the Nogales and Lukeville Ports of Entry,” said United States Attorney Gary Restaino. “Here, in lieu of controlled substances we have mistreated protected animals: and the sentences imposed send strong messages both of deterrence and of the importance of robust environmental protections.”

“Wildlife trafficking is illegal and immoral, as countless animals that are taken from the wild are smuggled across borders in inhumane conditions,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service Office of Law Enforcement. “In the case of spider monkeys, many trafficked animals perish due to inadequate care, while those that survive face a life of captivity. We hope this case emphasizes that the U.S. Fish and Wildlife Service and our partners will continue to ensure that those engaged in wildlife trafficking are brought to justice.”

U.S. Fish and Wildlife Service, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Customs and Border Protection’s U.S. Border Patrol, and the Pinal County Sheriff’s Office conducted the investigation in this case. Assistant U.S. Attorneys Stuart Zander and Lisa Jennis, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-01305-PHX-DWL
RELEASE NUMBER:    2024-138_Montoya et al.

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PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for July 1, 2024, to September 30, 2024. These cases are prosecuted in partnership with the Tucson and Yuma Sectors of the Customs and Border Protection’s U.S. Border Patrol, along with Homeland Security Investigations, and assistance from other federal, state, and county agencies. In the three-month period ending September 30, 2024, the United States brought criminal charges in Arizona against 2,611 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 364 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. In this time period, the United States also prosecuted 67 reactive drug cases arising out of immigration ports of entry and checkpoints.

Reducing migrant smuggling and mitigating the risk to communities impacted by these offenses continue to be priorities for the Office and its law enforcement partners. Some of these prosecutions are directed against leaders and coordinators of alien smuggling organizations. Other prosecutions are aimed at deterring young adult drivers, often recruited over social media platforms, from engaging in this dangerous activity. Prosecutions against young drivers include cases brought against two juvenile smugglers during this time period. 

Protecting law enforcement officers is a key part of border vigilance. During this time period, federal prosecutors brought charges against one defendant accused of assaulting federal officers.

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

RELEASE NUMBER:    2024-137_2024 Third Quarter Immigration Enforcement Statistics
 

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PHOENIX, Ariz. – Alfredo Macias, 20, Daniel Alfredo Galvan, 20, both of Phoenix, and Jesus David Vega-Rivera, 26, of Mexico, were sentenced to prison last week by United States District Judge Krissa M. Lanham for Conspiracy to Possess Machineguns. Macias and Vega-River were each sentenced to 51 months in prison, and Galvan was sentenced to 42 months in prison. All three defendants were also sentenced to 36 months of supervised release following their release from prison.

Macias and Galvan negotiated with another person to purchase machineguns, with the intention of trafficking those firearms to Mexico. The parties exchanged text messages depicting the firearms and cash. At the time of the in-person exchange, Vega-Rivera was present with the cash for the machineguns. All three individuals were arrested by ATF agents.

Before handing down the sentence, Judge Lanham explained the seriousness and danger of machineguns being able to fire many rounds in rapid succession and the capability to cause immense injury to multiple people.

Macias pleaded guilty to Possession or Transfer of a Machinegun on July 2, 2024. Galvan pleaded guilty to Possession or Transfer of a Machinegun on June 7, 2024. And Vega-Rivera pleaded guilty to Conspiracy to Possess or Transfer a Machinegun on June 7, 2024.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-24-00258-PHX-KML
RELEASE NUMBER:    2024-136_Macias

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PHOENIX, Ariz. – United States Attorney Gary M. Restaino today announced $6,285,698 in Department of Justice (DOJ) grants to tribal communities and organizations in the District of Arizona. The grants were awarded by the Department’s Office of Justice Programs to prevent and reduce crime and by the Office on Violence Against Women (OVW) to bolster coordinated community responses aimed at bringing an end to domestic violence.

Specifically, the following organizations received funding:

• Salt River Pima-Maricopa Indian Community awarded $1,250,000 under OVW Violence Against Women Tribal Special Assistant U.S. Attorney Initiative.
• San Carlos Apache Tribal Council awarded $963,000 under Byrne Discretionary Community Project Grants Program.
• Gila River Indian Community awarded $873,094 under Adult Treatment Court Program.
• Tuba City Regional Health Care Corporation awarded $610,000 under OVW Tribal Sexual Assault Services Program.
• Southwest Indigenous Women’s Coalition awarded $414,147 under OVW Grants to Tribal Domestic Violence and Sexual Assault Coalitions.
• Hopi-Tewa Women’s Coalition to End Abuse awarded $414,147 under OVW Grants to Tribal Domestic Violence and Sexual Assault Coalitions.
• San Carlos Apache Tribal Council awarded $315,724 under OVC Tribal Victim Services Set-Aside Formula Program.
• Hopi Tribe awarded $315,724 under OVC Tribal Victim Services Set-Aside Formula Program.
• Gila River Indian Community awarded $282,632 under OVC Tribal Victim Services Set-Aside Formula Program.
• Salt River Pima-Maricopa Indian Community awarded $282,632 under OVC Tribal Victim Services Set-Aside Formula Program.
• White Mountain Apache Tribe awarded $250,000 under SMART Support for Adam Walsh Act Implementation Grant Program.
• Yavapai Apache Nation awarded $229,973 under OVC Tribal Victim Services Set-Aside Formula Program.
• Pascua Yaqui Tribe awarded $66,071 under OVW Special Tribal Criminal Jurisdiction Reimbursement Program.
• Salt River Pima-Maricopa Indican Community awarded $18,554 under OVW Special Tribal Criminal Jurisdiction Reimbursement Program.

The U.S. Attorney’s office will hold its annual Tribal Listening Conference in November, during which it convenes with its law enforcement and sovereign tribal partners to listen to, engage with, and educate one another. While the issues covered by these grants are long-standing challenges in tribal communities, the Tribal Listening Conference will provide an opportunity for all of the stakeholders to rededicate themselves to preventing crime and violence in the affected communities.

The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about these and other OJP awards can be found on the OJP Grant Awards Page.

The Office of Justice Programs provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime; advance equity and fairness in the administration of justice; assist victims; and uphold the rule of law. More information about OJP and its program offices – the Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, Office for Victims of Crime, and SMART Office – can be found at www.ojp.gov. More information about the Office of Violence Against Women, along with the recent grants, can be found at www.justice.gov/ovw.
 

RELEASE NUMBER:    2024-133_OJP Grant Awards

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PHOENIX, Ariz. – Today, a federal jury in Phoenix found LaDell Jay Bistline, Jr., 45, and Torrance Bistline, 36, both of Colorado City, Arizona, guilty of multiple charges related to their participation in a years-long child sexual abuse conspiracy that spanned several states and victimized at least 10 children. The defendants committed their crimes with others, including co-defendant Samuel Rappylee Bateman, the self-proclaimed leader of a religious sect based in Colorado City. Bateman and nine of his other followers pleaded guilty to charges related to the child sexual abuse conspiracy and were not part of the trial against brothers LaDell Jay Bistline, Jr. and Torrance Bistline.

“Today’s verdict is a step towards justice for the victims of LaDell and Torrance Bistline,” said U.S. Attorney Gary Restaino. “The Bistlines used their positions of power and trust to sexually exploit children and to profane their community. The devastating trauma and harm they inflicted is unfathomable. But today’s guilty verdicts hold them to account – for their despicable acts, for their breach of trust, and for their complete indifference to the mental and psychological scars their victims will live with for the rest of their lives. The United States Attorney’s Office, along with its state and federal law enforcement partners and other agencies, will continue to work tirelessly to protect the most vulnerable from abuse and exploitation, and to help them heal.”

“Protecting children is one of the many noble missions of the FBI,” said FBI Phoenix Special Agent in Charge Jose A. Perez. “Adults who exploit children for illicit activities are a danger and a disgrace. Today’s verdicts reflect the unwavering dedication by the FBI and its partners to ensure those who prey on children are held accountable and brought to justice.”

LaDell Jay Bistline, Jr. was convicted of one count of Receipt of Child Pornography; one count of Transfer of Obscene Material to a Minor; two counts of Persuading or Coercing Travel to Engage in Sexual Activity; two counts of Using a Means of Interstate Commerce to Persuade or Coerce a Minor to Engage in Sexual Activity; and two counts of Transportation of a Minor for Criminal Sexual Activity.

Torrance Bistline was convicted of one count of Using a Means of Interstate Commerce to Persuade or Coerce a Minor to Engage in Sexual Activity; two counts of Destruction of Records in an Official Proceeding; one count of Conspiracy to Commit Destruction of Records in an Official Proceeding; one count of Tampering with an Official Proceeding; and one count of Conspiracy to Commit Tampering with an Official Proceeding.

LaDell Jay Bistline, Jr. and Torrance Bistline were followers of Bateman, who represented himself as a religious prophet. In 2020 and 2021, Bateman’s followers gave their minor daughters and wards to him as child “brides” to sexually abuse. Bateman and others transported the victims between states, including Nebraska, Colorado, Utah, and Arizona to facilitate the sexual abuse. LaDell Jay Bistline, Jr. delivered two of his own daughters to Bateman to become child “brides” when the girls were nine and 11 years old. LaDell Jay Bistline, Jr. also participated in group sexual activity involving children, including one event he watched over a video livestream. Torrance Bistline, who financially supported Bateman’s group, sexually abused one of Bateman’s child “brides” during a group sexual activity. Torrance Bistline later tried to destroy and hide evidence to interfere with the investigation.

LaDell Jay Bistline, Jr. and Torrance Bistline each face a minimum penalty of 10 years in prison and a maximum penalty of life in prison. Sentencing for LaDell Jay Bistline, Jr. is currently scheduled for December 16, 2024, and sentencing for Torrance Bistline is currently scheduled for December 20, 2024, before United States District Judge Susan M. Brnovich. Bateman is currently scheduled to be sentenced by Judge Brnovich on October 28, 2024. Several other defendants have already been sentenced, and the remaining defendants will be sentenced in the coming months.

The Phoenix Field Office of the Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution. The United States Attorney’s Office continues to extend special gratitude to the Arizona Department of Child Safety for its work rescuing and protecting Arizona children impacted by this matter, the Colorado City Police Department, the Iron County (Utah) Sheriff’s Office, the U.S. Marshals Service, and the St. George Resident Agency of the FBI’s Salt Lake City Field Office for their assistance in this matter.

CASE NUMBER:            CR-22-8092-PHX-SMB
RELEASE NUMBER:    2024-135_Bistline

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PHOENIX, Ariz. – Jared Josh John, 32, of Chinle, was sentenced on September 11, 2024, by United States District Judge Diane J. Humetewa to 25 years in prison, followed by five years of supervised release. After a jury trial in May 2023, John was convicted of Carjacking, Kidnapping, Robbery, Assault with a Dangerous Weapon, Assault with Intent to Commit Murder, Assault with Intent to Commit a Felony, and Assault Resulting in Serious Bodily Injury.

In July 2020, the victim was passing through the Navajo Nation on a road trip when John and a co-defendant broke into his car while he was resting for the night. Led by John, the two co-defendants drove the victim into the desert, where John slit the victim’s throat three times and left him to die. The victim survived by playing dead until the defendants left, and then used his clothes to fashion a tourniquet for his neck before going to find help.

John’s co-defendant, Everickk Matthew Begay, 55, of Chinle, pleaded guilty to Kidnapping, Robbery, and Assault with Intent to Commit a Felony on March 20, 2023. Begay was sentenced on August 14, 2023, to 97 months in prison, followed by five years of supervised release.

The Federal Bureau of Investigation and the Navajo Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Alanna R. Kennedy and Tracy Van Buskirk, District of Arizona, Phoenix, handed the prosecution.
 

CASE NUMBER:            CR-21-08113-PCT-DJH
RELEASE NUMBER:    2024-134_Begay et al.

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PHOENIX, Ariz. – Dahntay Dunbar, 21, of Flagstaff, was sentenced last week by Senior U.S. District Judge Roslyn O. Silver to 20 months in prison, to be followed by 60 months of supervised release. Judge Silver also ordered Dunbar to pay $20,146.13 in restitution. Dunbar pleaded guilty to Arson of a Dwelling, which occurred in the Grand Canyon National Park, on July 8, 2024.

Between the late night of May 17, 2024, and the early morning of May 18, 2024, Dunbar pushed his way into a locked cabin within the national park, which was the residence of his former girlfriend. She was not home at the time. Dunbar found a bottle of clear liquor and dumped it on a bed. Dunbar then took a lighter, lit one of his former girlfriend’s shirts on fire and placed it on the bed. The bed started to burn, and Dunbar left the cabin. The fire caused scorching, burn damage, and smoke damage to the walls, ceiling, and other parts of the cabin. A bystander observed the fire and put most of it out prior to the arrival of the fire department. Dunbar was arrested on other charges a short time later by National Park Service law enforcement rangers and admitted to having committed the arson.

National Park Service special agents and rangers, assisted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Flagstaff, handled the prosecution.
 

CASE NUMBER:           CR-24-08061-001-PCT-RSO
RELEASE NUMBER:    2024-132_Dunbar

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TUCSON, Ariz. – Obiel Anthony Ochoa-Renteria, 21, of Tempe, was sentenced last week by United States District Judge Rosemary Márquez to 24 months in prison, followed by three years of supervised release, for his role in an alien smuggling conspiracy. Ochoa-Renteria pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit on March 27, 2024.

In September 2022, agents from Homeland Security Investigations initiated an investigation into alien smuggling events being arranged through the social media app Instagram. During the course of the investigation, agents identified an Instagram account belonging to Ochoa-Renteria and discovered multiple occasions in which Ochoa-Renteria recruited participants and coordinated smuggling events between June and September 2022. Then on May 14, 2023, Ochoa-Renteria was stopped by a Department of Public Safety (DPS) trooper for speeding near Sierra Vista. During the traffic stop, DPS officers were assisted by Border Patrol agents who discovered two men dressed in camouflage in the trunk of Ochoa-Renteria’s vehicle. Border Patrol agents determined that the men were Guatemalan and Mexican nationals who were illegally present in the United States. Ochoa-Renteria admitted that he was aware the men were in the United States illegally, and that he had agreed to transport them for $200 to $300 each.  

Homeland Security Investigations and Custom’s and Border Protections United States Border Patrol conducted the investigation in this case, with assistance from the Arizona Department of Public Safety. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-23-00802-TUC-RM
RELEASE NUMBER:    2024-131_Ochoa-Renteria

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TUCSON, Ariz. – Amir Safavi Farokhi, 29, of Fishers, Indiana, was sentenced by U.S. District Judge Scott H. Rash last week to over 11 months’ custody for threatening to blow up school buses in Castleton, Indiana. Farokhi pleaded guilty on July 17, 2024, to one count of Making an Interstate Threat.

Between October 21 and October 24, 2023, while staying at a residence in Tucson, Farokhi made several cell phone calls to hospitals, police departments, schools, and businesses in both Tucson, Arizona and Indiana. Farokhi pleaded guilty to calling the Indianapolis Metropolitan Police Department and threatening that he was going to blow up three school buses with pipe bombs. Farokhi was arrested on October 25, 2023, in Tucson, and he remained in federal custody throughout the duration of his case.

Following his release from custody, Farokhi will be placed on supervised release for a period of three years, during which he will be required to participate in mental health treatment.

The Federal Bureau of Investigation and the Pima County Sheriff’s Department, as part of the FBI’s Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, handled the prosecution.
 

CASE NUMBER:           CR-23-01845-TUC-SHR
RELEASE NUMBER:    2024-129_Farokhi

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TUCSON, Ariz. – The United States Attorney’s Office (USAO) and the Tucson Police Department (TPD) announced today the results of the first year of the PSP Pilot Program, a collaborative effort between the USAO and the TPD, in which local defendants are referred federally for charges involving firearm-related offenses. The partnership has resulted in 54 defendants being charged since October 2023. In 2022, the Tucson Police Department was selected by the United States Department of Justice as a partner agency in the National Public Safety Partnership (PSP), an initiative to combat violent crime, with an emphasis on drug, gang, and gun violence. Cases referred for federal prosecution also receive additional investigative assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives-Tucson and the Federal Bureau of Investigation-Tucson.

Representative cases referred for PSP prosecution include:

United States v. Jesus Antonio Najar: Najar was indicted by a federal grand jury with multiple firearms and narcotics offenses, occurring on three different dates. On April 19, 2024, TPD officers apprehended Najar for allegedly driving a stolen vehicle. During a search of the vehicle, officers found unregistered AR Drop In Auto Sear Swift Links (parts designed and intended solely and exclusively for use in converting a weapon into a machinegun capable of automatic fire), unregistered silencers without serial numbers, and an AR pistol with an obliterated serial number. On October 12, 2023, Najar allegedly conspired and possessed cocaine for distribution while using and possessing a Glock 17 with a machinegun conversion device attached and two additional firearms. Najar is alleged to have possessed the machinegun conversion device that was not registered to him. In addition, Najar is alleged to have possessed an unregistered short-barrel rifle on December 11, 2023. Najar is currently in custody.

United States v. Geoffrey Fred Cruzado: Cruzado was indicted by a federal grand jury for illegal possession of approximately 134 rounds of ammunition as a convicted felon, after allegedly threatening an intimate partner. Cruzado is currently in custody.

United States v. Jessica Guillen-Morales: A federal grand jury indicted Guillen-Morales with possession of six firearms and ammunition by a convicted felon, possession of unregistered firearms, illegal reentry, and possession of a firearm by an alien after she was found to be present illegally in the United States in Tucson, on November 19, 2023, after having been deported to Mexico from the United States less than three weeks earlier. Guillen-Morales is currently in custody.

United States v. Israel Manuel Ortiz: In January 2024, TPD officers encountered Ortiz in possession of approximately 57 grams of counterfeit oxycodone “M30” pills, later determined to contain fentanyl, and a .40 caliber pistol. Ortiz, a three-time convicted felon for misconduct involving weapons and armed robbery, was subsequently indicted by a federal grand jury for Possession of a Firearm by a Prohibited Possessor and Possession with Intent to Distribute Fentanyl. Ortiz is currently in custody.

United States v. Isaiah Thomas Taylor: When TPD officers were serving a state arrest warrant for Taylor at a residence last February, Taylor, a convicted felon for misconduct involving weapons, was found to be in possession of a Glock pistol. A subsequent search of the residence revealed three additional Glock pistols, including one fitted with a fully automatic conversion device. Taylor was indicted by a federal grand jury with Possession of a Firearm by a Prohibited Possessor and Possession of a Machine Gun. Taylor is currently in custody.

United States v. Jesus Alfredo Romo: On October 6, 2023, Romo fled in a vehicle from TPD officers during a traffic stop. Once Romo was apprehended, a 9mm loaded handgun was observed on the driver’s side floorboard and a backpack was retrieved from the vehicle containing 60,000 fentanyl tablets and two baggies of methamphetamine, one weighing over 2.5 grams and the other over 0.8 grams. Officers also found two digital scales and Romo had almost $1,300 in cash on his person. Romo, who was previously convicted of felony possession of dangerous drugs for sale, was indicted on November 21, 2023, with various counts including Trafficking in Firearms and Possession with Intent to Distribute Fentanyl. He pleaded guilty to those two charges with stipulated, concurrent sentences of five and 10 years. His anticipated sentencing date is January 15, 2025. Romo is currently in custody.

“The evolving threat of firearms in America requires vigilance and cooperation,” said United States Attorney Gary Restaino. “We see a growing number of defendants who possess devices used to convert a firearm to a more dangerous fully-automatic mode, and we intend to seek sentencing enhancements for the possession of those dangerous devices. Our efforts to mitigate the specific threat in Tucson through a local-federal partnership are paying dividends and protecting the community.”

“Gun crime has impacted the Tucson community at an unacceptable rate over the past several years. Through the PSP program, TPD's partnerships with local, state, and federal agencies have expanded, and we are collectively making significant strides in arresting those responsible for making our community less safe,” said Tucson Police Chief Chad Kasmar. “Individuals who illegally possess firearms, sell drugs, or engage in gun violence will be held accountable through TPD arrests and federal prosecution by the United States Attorney’s Office. This behavior has no place in Tucson, and we are grateful for the partnerships that are leading to jail sentences for violent offenders, which directly results in decreased gun violence.”

“This is a perfect example of how cooperative law enforcement should work,” said Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Brendan Iber. “By teaming up, federal and local agencies can collaboratively work to rid our communities of those violent criminals who plague law abiding citizens and the communities they live in.”

“These cases are a prime example of how the Public Safety Partnership program works. No single agency can combat violent crime on its own and this program brings a multi-agency approach to better protect our communities,” said FBI Phoenix Special Agent in Charge Jose A. Perez. “The FBI will continue to work with our local, state and federal law enforcement partners to reduce violent crime in Tucson and throughout Arizona.”

The National Public Safety Partnership was established by the U.S. Department of Justice to provide an innovative framework to enhance federal support of state, local, and tribal law enforcement and prosecution authorities in enhancing public safety. PSP began as a pilot program, the Violence Reduction Network, in 2014 and is designed to promote interagency coordination by leveraging specialized law enforcement expertise with dedicated prosecutorial resources to promote public and community safety. PSP serves as a DOJ-wide program that enables participating sites to consult with and receive expedited, coordinated training and technical assistance, and an array of resources from DOJ to enhance local public safety strategies. This model enables DOJ to provide jurisdictions of different sizes and diverse needs with data-driven, evidence-based strategies tailored to the unique local needs of participating cities to build their capacities to address violent crime challenges. PSP has engaged with more than 60 sites since the program’s inception.

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

CASE NUMBERS:         CR-24-03292-SHR
                                      CR-24-01981-RCC
                                      CR-24-00677-RCC
                                      CR-24-01171-RCC
                                      CR-24-05416-JCH
                                      CR-23-01846-RM
RELEASE NUMBER:    2024-130_PSP Pilot Program

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PHOENIX, Ariz. – Gary M. Restaino, United States Attorney for the District of Arizona, announces a three-count superseding indictment against 18 members of La Mesa, a Yuma-based alien smuggling ring, for Conspiracy to Harbor Illegal Aliens, Harboring Illegal Aliens for Profit, and Conspiracy to Transport Illegal Aliens. The defendants charged include:

1. Victor Eduardo Araiza-Ponce, 24, of Yuma;
2. Antonio Aparicio III, 24, of Somerton;
3. Alonzo Esparza, 27, of Yuma;
4. Carlos Moreno-Serrano, 24, of Yuma;
5. Xasiel Noriega-Gonzalez, 21, of Somerton;
6. Joshua Guillermo Leon-Fuentes, 21, of Somerton;
7. Angel Rodriguez, 23, of Yuma;
8. Crystobal Figueroa, 23, of Somerton;
9. Saul Ponce Jr., 23, of San Luis;
10. David Leon-Pallanes, 23, of Yuma;
11. Manuel Uriel Alvarado, 26, of Yuma;
12. Elian Lopez, 24, of Yuma;
13. Raymundo Delgado-Diaz, 35, of Yuma;
14. Isreal Zeveda, 23, of Salinas, California;
15. Francisco Javier Esparza-Macias, 21, of Somerton;
16. Alex Chiquete, 25, of Yuma;
17. Hector Eduardo-Valdez, 31, of Yuma; and
18. Jose Gabriel Marquez-Mendiola, 32, of Yuma.

During the investigation, United States Border Patrol-Intelligence (BPI) arrested numerous drivers of undocumented noncitizens (UNCs) in the District of Arizona and the Central and Southern Districts of California. Based on information derived from those arrests, BPI learned of an alien smuggling organization known as La Mesa, which worked on behalf of the Mexico-based transnational criminal organization Los Rusos. Before the arrests of 18 of its members, La Mesa operated out of Yuma and Somerton.

The superseding indictment alleges that members of La Mesa were responsible for smuggling, or attempting to smuggle, hundreds of undocumented noncitizens across the United States-Mexico border and further into the United States, and that Moreno-Serrano was the leader of La Mesa. Other defendants charged were responsible for coordinating smuggling events, scouting for the drivers who were transporting the undocumented noncitizens, transportation activities, procuring and running stash houses, distribution of payments to drivers, and enforcement on behalf of La Mesa. La Mesa used rental vehicles, scout drivers, and coordinated entries to further its smuggling operations.

Over the course of the investigation, BPI learned La Mesa adapted to the arrest of its drivers and started to take smaller groups of UNCs, focusing on transporting undocumented noncitizens to Southern and Central California in an attempt to avoid further arrests. La Mesa used force, threats, and intimidation to successfully operate both in the United States and Mexico. Video evidence reveals that the organization kidnapped members and threatened and assaulted them as retribution for having been arrested.

The maximum penalty for each of the charges is up to 10 years in prison and a fine of up to $250,000.

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

Customs and Border Protection’s United States Border Patrol–Yuma Field Intelligence, El Centro Border Patrol and Indio Border Patrol are conducting the investigation. Assistant U.S. Attorneys Ross Arellano Edwards and Stuart J. Zander, U.S. Attorney’s Office, Phoenix, are handling the prosecution.

CASE NUMBER:           CR-23-01676-PHX-KML
RELEASE NUMBER:    2024-128_Araiza-Ponce et al.

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Owner, Operator, and Corporate Entity Charged with Travel Act violations, Money Laundering, and Maintaining a Drug Premises

PHOENIX, Ariz. – Today, the Federal Bureau of Investigation and United States Marshal Service, in coordination with the Phoenix Police Department, executed search and seizure warrants at the Royal Inn hotel, located at 2510 West Palo Verde Drive in Phoenix. Federal agents seized control of the hotel and shut down its operations due to widespread prostitution and drug trafficking activities that have gone unabated by its owners and operators.

Also today, the United States District Court unsealed a 44-count indictment returned by a federal grand jury on September 17, 2024, against the Royal Inn’s owner, operator, and corporate entity, among others. Specifically:

• Varsha Patel, 56, of Chino Hills, California, the owner of Royal Inn, was charged with two counts of Using a Facility of Interstate Commerce in Aid of Racketeering, one count of Maintaining a Drug Premises, and 34 counts of Promotional Money Laundering. Varsha Patel was also charged with multiple counts of Making False Statements to Obtain a Small Business Administration Loan.
• Sarang Hospitality LLC, aka Royal Inn, the Arizona corporation through which the hotel does business, was similarly charged with two counts of Using a Facility of Interstate Commerce in Aid of Racketeering, one count of Maintaining a Drug Premises, and 34 counts of Promotional Money Laundering.
• Nilam Patel, 54, of Phoenix, the live-in operator and day-to-day manager of the Royal Inn, was also charged with two counts of Using a Facility of Interstate Commerce in Aid of Racketeering, one count of Maintaining a Drug Premises, and 34 counts of Promotional Money Laundering.
• Four other individuals were charged with Distribution of Fentanyl and Methamphetamine for drug dealing at the Royal Inn: Anthony Curtis, 42, of Buckeye; Otis Childers, 31, of Phoenix; Chauntelle Mills, 24, of Phoenix; and Leonardo Guerrero, 49, of Phoenix.

The indictment alleges that defendants Varsha Patel, Nilam Patel, and Sarang Hospitality LLC, operated the Royal Inn by primarily renting rooms to individuals engaging in prostitution and drug dealing. From 2017 through September 2024, these defendants used the funds they obtained from the Royal Inn room rentals to maintain and promote the Royal Inn’s operations; pay the mortgage on personal property located in Chino Hills, California; fund certificates of deposit; purchase life insurance policies; and pay for their own personal expenses.

The indictment further alleges that Varsha Patel, Nilam Patel, and Sarang Hospitality LLC were aware that most activities at the Royal Inn were illegal acts of prostitution, drug dealing, and drug using. Over the course of several years, Phoenix Police Department officials repeatedly informed these three defendants of the drug dealing and prostitution activities on the property, of the hundreds of calls for service local police received, and of the need to abate the criminal activities taking place. Despite having been served with multiple abatement letters, these defendants continued to operate the Royal Inn to intentionally facilitate and profit from the criminal activities occurring on the premises. This included: renting rooms to persons who overtly engaged in prostitution, and to persons who distributed illegal drugs; directing the sex workers to attract sex buyers off the property, and to walk separate from the sex buyer while going to the room; directing the sex workers, pimps, and drug dealers to park off the property; alerting sex workers, pimps, and drug dealers of law enforcement presence; failing to request a credit card, together with a government-issued identification, in order to rent a room; failing to evict persons engaged in prostitution and drug dealing, thereby allowing lengthy stays at the Royal Inn without detection; and failing to call the police when criminal activities were occurring.

A conviction for Using a Facility of Interstate Commerce in Aid of Racketeering carries a maximum penalty of five years in prison and a $250,000 fine. A conviction for Maintaining a Drug Premises carries a maximum penalty of 20 years in prison and a $500,000 fine. A conviction for Promotional Money Laundering carries a maximum penalty of 20 years in prison and a $500,000 fine. A conviction for Making False Statements to Obtain a Small Business Administration Loan carries a maximum penalty of two years in prison and a $250,000 fine. A conviction for Distribution of Fentanyl and Methamphetamine carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The Federal Bureau of Investigation, United States Marshal Service, and Phoenix Police Department conducted the investigation in this case. Assistant U.S. Attorneys Gayle Helart and Patrick Chapman, United States Attorney’s Office, District of Arizona, Phoenix, are handling the prosecution.
 

CASE NUMBER:           CR-24-01529-PHX-SPL
RELEASE NUMBER:    2024-127_Patel

PHOENIX, Ariz. – Tre C. James, 31, of Pinon, was sentenced today by United States District Judge Douglas L. Rayes to life in prison on count one and an additional 10 years in prison on count two to run consecutively, for the murder of Jamie Yazzie, a woman classified as a Missing and Murdered Indigenous Person from the Navajo Nation. A federal jury previously found James guilty of First Degree Murder for Yazzie’s death. The jury also found James guilty of several acts of domestic violence committed against three other women, all members of the Navajo Nation. Judge Rayes sentenced James to an additional 10 years in prison to run concurrently, and five years of supervised release for each of those assaults.   

“Securing justice for missing victims of violence necessitates courage, discipline, and collaboration,” said United States Attorney Gary Restaino. “It also requires all of us to demonstrate our commitment with alacrity: for communities to report their missing loved ones as soon as possible; for victim advocates to engage early and often with next of kin; and for agents and prosecutors to charge cases as soon as they are ready to be charged.”

“Today’s sentence underscores the fact that Jamie Yazzie was not forgotten by the FBI or our federal and tribal partners,” said FBI Phoenix Special Agent in Charge Jose A. Perez. “Our office is committed to addressing the violence that Native American communities in Arizona face every day and we will continue our efforts to protect families, help victims and ensure that justice is served in each case we pursue.”

James shot and killed Yazzie on the Navajo Nation in the summer of 2019. He hid her remains on the Hopi Reservation, where they remained concealed for almost three years. Multiple agencies worked together to investigate Yazzie’s disappearance, including the Federal Bureau of Investigation, Navajo Nation Division of Public Safety Criminal Investigation Services, Navajo Nation Police Department, Bureau of Indian Affairs, and Navajo County Sheriff’s Office.

Investigators faced significant challenges, including the fact that Yazzie had not been reported missing for several days, James had cleaned the crime scene, and the murder occurred while James and Yazzie were home alone together; the global pandemic, which hit the Navajo Nation particularly hard, also presented significant challenges. Investigators persevered and, during the investigation, discovered the assaults against other women, many of which had never been reported to law enforcement.

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Jennifer E. LaGrange and former Assistant U.S. Attorney Sharon K. Sexton, U.S. Attorney’s Office, Phoenix, handled the prosecution. Ms. Yazzie’s mother, father, grandmother and other relatives provided support to the investigation and prosecution over several years.
 

CASE NUMBER:           CR-22-08073-PCT-DLR
RELEASE NUMBER:    2024-126_James

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PHOENIX, Ariz. – Likishe Jhanell Kelly, 43, of Phoenix, Antoinette Coleman, 36, of Glendale, and Christine Boston, 52, of Mesa have been sentenced in connection with a scheme to use the identities of prison inmates and others to fraudulently obtain federal unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. All three individuals admitted they facilitated the filing of false claims for pandemic unemployment benefits by fraudulently using other identities, including those of imprisoned individuals.

Kelly was sentenced last week by United States District Judge Susan M. Brnovich to 36 months in prison and mandated to pay $375,094 in restitution to the Arizona Department of Economic Security (DES). Kelly pleaded guilty to Conspiracy to Commit Wire Fraud on November 21, 2023. Coleman was also sentenced last week by Judge Brnovich to five years of probation and mandated to pay $19,678 in restitution to DES. Coleman pleaded guilty to Conspiracy to Commit Wire Fraud on January 16, 2024. Boston was sentenced by Judge Brnovich on July 9, 2024, to 36 months in prison and ordered to pay $97,596 in restitution to DES. Boston also pleaded guilty to Conspiracy to Commit Wire Fraud on January 3, 2024.

Kelly, Coleman, and Boston acknowledged their role in helping file applications for inmates who did not actually lose their jobs due to COVID. Boston was incarcerated during the time of this scheme and transmitted the necessary inmate information for the filing of applications to Kelly and Coleman. Boston emailed Coleman from the Arizona State Prison in Goodyear to recruit Coleman to facilitate processing inmate applications for Pandemic Unemployment Assistance benefits. Kelly would then file the fraudulent applications and weekly certifications in the name of Boston and other inmates. Kelly compensated Boston for providing the inmate information by depositing money into her Arizona state prison commissary account. 

Additionally, Kelly submitted fraudulent applications and weekly certifications on behalf of other ineligible individuals, including Coleman. Coleman processed and filed two fraudulent applications. In total, between May 2020 and December 2020, Kelly and her co-defendants submitted at least 42 fraudulent applications, obtaining approximately $375,094 in illicit funds.

“During the worldwide COVID-19 pandemic, Congress expanded eligibility for employees to receive unemployment benefits and made it easier to submit an application,” said United States Attorney Gary Restaino. “Sadly, some Arizonans took advantage of the emergency and defrauded our State. The sentences and restitution orders imposed in this case send an important deterrent message to those who seek gains based on others’ misfortune.”

“We appreciate our continuous collaboration with the United States Department of Labor and the Office of Inspector General to identify and hold accountable those who exploit the system and engage in Unemployment Insurance fraud,” stated Angie Rodgers, Director of the Arizona Department of Economic Security. “Our agencies are resolute in our dedication to preserving the integrity of the unemployment insurance benefits program.”

The United States Department of Labor, Office of Inspector General, and the Arizona Department of Economic Security conducted the investigation in this case. Assistant U.S. Attorney Kristen Brook, U.S. Attorney’s Office, Phoenix, handled the prosecution.
 

CASE NUMBER:            CR 23-0432-PHX-SMB
RELEASE NUMBER:    2024-125_Kelly, Boston, Coleman 

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TUCSON, Ariz. – Samuel Lopez-Ozuna, 18, of Tucson, was indicted last week by a federal grand jury on charges of Conspiracy to Transport Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person Resulting in Death, Transportation of Illegal Aliens for Profit Resulting in Death, and Transportation of Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person Resulting in Death, stemming from a deadly crash last month.

On August 9, 2024, near Arivaca, approximately five miles north of the international border, United States Border Patrol agents attempted to pull over a Chevrolet Tahoe with fake license plates, on suspicion that the driver, Lopez-Ozuna, was engaged in human smuggling. Instead of yielding to law enforcement, Lopez-Ozuna sped up and fled, crashing and rolling the Tahoe. Lopez-Ozuna was smuggling seven undocumented noncitizens, all of whom were ejected from the vehicle during the crash. One person died and three others sustained serious injuries.  

A conviction for any one of the charges - Conspiracy to Transport Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person Resulting in Death, Transportation of Illegal Aliens for Profit Resulting in Death, and Transportation of Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person Resulting in Death - carries a maximum penalty of life in prison.

Homeland Security Investigations- Tucson, Custom and Border Protection’s United States Border Patrol, and the Pima County Sheriff’s Department is conducting the investigation in this case. Assistant U.S. Attorneys Desiree Chery and Ryan P. DeJoe, District of Arizona, Tucson, are handling the prosecution.
 

CASE NUMBER:            CR-24-06035-TUC-AMM
RELEASE NUMBER:    2024-123_Lopez-Ozuna

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PHOENIX, Ariz. – Ma’Kiah Cherae Coleman, 20, of Glendale, was sentenced last week by United States District Judge Douglas L. Rayes to four months in prison, followed by 36 months of supervised release for assaulting a Transportation Security Administration (TSA) agent at Phoenix Sky Harbor Airport. Coleman pleaded guilty to Assault on a Federal Officer Inflicting Bodily Injury on April 23, 2024.

On April 25, 2023, Coleman assaulted a TSA agent at Sky Harbor Airport by grabbing the agent’s hair, forcing the agent’s head down against a baggage screening area table, and punching the agent in the head several times with a closed fist. Coleman had to be restrained by several other TSA agents.

In addition to being sentenced to prison, Coleman is banned from traveling by commercial aircraft during the three-year term of her court supervision.

TSA officers are federal employees who work for the Department of Homeland Security to protect the nation's transportation systems. Their primary role is to screen passengers, baggage, and cargo for terrorism threats. Coleman’s actions resulted in the temporary closure of a Sky Harbor Airport Security Checkpoint while law enforcement responded.

The Transportation Security Administration, the Federal Bureau of Investigation, and the Phoenix Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:            CR-23-00780-PHX-DLR
RELEASE NUMBER:    2024-124_Coleman

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PHOENIX, Ariz. – Terri Lynn Victor, 43, of Peridot, was sentenced on August 26, 2024, by U.S. District Judge Diane J. Humetewa to 180 months in prison, followed by three years of supervised release. Victor is a member of the San Carlos Apache Tribe.

In the late-night hours of July 6, 2022, and into the early morning hours of July 7, 2022, Victor stabbed her husband in the chest, ultimately killing him. Victor pleaded guilty to Voluntary Manslaughter on February 14, 2024.

The investigation in this case was conducted by the San Carlos Apache Police Department and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorneys Dimitra Sampson and Vinnie Lichvar, District of Arizona, Phoenix.
 

CASE NUMBER:           CR-22-01129-PHX-DJH
RELEASE NUMBER:    2024-122_Victor

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TUCSON, Ariz. – Last week, a federal grand jury indicted Matthew Leyvas, 28, of Tucson, on one count of Second-Degree Murder. Leyvas is an enrolled member of the Pascua Yaqui Tribe.

The indictment alleges that, on August 8, 2024, Leyvas stabbed the victim multiple times. The victim was promptly transported to Banner University Medical Center but was pronounced dead shortly after arriving.

Second-Degree Murder carries a maximum penalty of life in prison, a fine of up to $250,000, and up to five years of supervised release.

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

The Federal Bureau of Investigation and the Pascua Yaqui Police Department conducted the investigation in this case. Assistant United States Attorney Micah Schmit, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-24-5789-TUC-JCH
RELEASE NUMBER:    2024-121_Leyvas

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TUCSON, Ariz. – Pedro Anival Coc-Caal, 22, of Tectitan, Huehuetenango, Guatemala, was sentenced on Tuesday by United States District Judge John C. Hinderaker to 24 months in prison. Coc-Caal pleaded guilty to Assault on a Federal Agent Inflicting Bodily Injury and Improper Entry by an Alien on June 24, 2024.  

On August 12, 2023, a United States Border Patrol agent was in the process of arresting Coc-Caal for illegal entry into the United States. As the agent attempted to handcuff him, Coc-Caal struck the agent on the left side of the agent’s face, causing the agent’s head to snap downwards and knocking his sunglasses off his face. As the agent tried to prevent Coc-Caal from escaping, Coc-Caal kicked the agent in the arm, causing the agent to fall backwards onto jagged rocks, causing injury to the agent’s finger. Coc-Caal escaped into the desert but was eventually apprehended after a foot pursuit aided by helicopter. 

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-01369-TUC-JCH
RELEASE NUMBER:    2024-120_Coc-Caal

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PHOENIX, Ariz. – Dairon Jissan Rodriguez-Escalante, 27, a legal permanent resident from Cuba living in Maricopa, was sentenced last week by United States District Judge Angela M. Martinez to 33 months in prison, followed by three years of supervised release. Rodriguez-Escalante pleaded guilty to Possession with the Intent to Distribute Fentanyl on March 27, 2024.

In 2021, Rodriguez-Escalante was identified through social media as a source of supply of counterfeit M30 pills containing fentanyl for other individuals who sent narcotics through the mail. In October and November 2021, Rodriguez-Escalante sold over 650 grams of blue M30 pills containing fentanyl to U.S. Postal Inspection Service and Drug Enforcement Administration agents on two separate occasions.

The United States Postal Inspection Service, Drug Enforcement Administration-St. Louis Office, Peoria Police Department, and the Mesa Police Department Forensic Laboratory conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-1086-PHX-JJT
RELEASE NUMBER:    2024-119_Rodriguez-Escalante

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After deliberating for two days, a jury found a former U.S. Customs and Border Protection agent, Aaron Mitchell, guilty of both a federal civil rights offense and a kidnapping charge for sexually assaulting and kidnapping a victim who was a minor. The jury also found that the defendant’s conduct included aggravated sexual abuse, kidnapping and resulted in bodily injury.

“The heinous crimes committed against a young middle school student by an individual sworn to uphold the law are unspeakable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant had a duty to protect his community but instead he abused his power, kidnapped, cuffed and restrained a young girl, and repeatedly sexually assaulted her in his apartment for hours. With this verdict, the jury has done us all a great service by holding accountable this former federal law enforcement official. The Justice Department will continue to stand up for sexual assault victims, especially children, and we will prosecute law enforcement officials who break the law with every tool at our disposal.”

“We count on our law enforcement officers to protect children, schools and communities,” said U.S. Attorney Gary Restaino for the District of Arizona. “This defendant dishonored his badge and his colleagues by ignoring his oath and harming the most vulnerable among us. Thanks to the Douglas Police Department and the FBI for investigating this case with dedication and compassion, and for vindicating the rights of a courageous victim.”

“Mitchell not only broke his oath, but the trust instilled in him as a law enforcement officer. Public servants, particularly in law enforcement, must be held to the highest of ethical standards. Those falling short must be rooted out and firmly held accountable,” said Special Agent in Charge Jose A. Perez of the FBI Phoenix Field Office. “The FBI remains committed to uncovering those who attempt to hide their acts of violence behind the badge. We would like to thank our investigators and the Douglas Police Department for their support and assistance in this case.”

During a two-week trial, jurors heard evidence that, on the morning of April 25, 2022, Mitchell traveled to Douglas, Arizona, where he abducted a 15-year-old female middle school student, restrained her, drove her to his apartment and sexually assaulted her.

According to evidence presented at trial, Mitchell found the child waiting for school to start, introduced himself as a law enforcement officer, and asked for her papers. Next, after flashing his police badge and credentials, Mitchell ordered the child into his car and explained that he was taking her to the police station. Instead, Mitchell drove the child miles away from her school, pulled over and restrained her hands and feet with two pairs of handcuffs. The victim testified that, after being handcuffed, the defendant told her to do everything he said because he didn’t want to have to hurt her.

Once the defendant forced the victim into his apartment, he repeatedly sexually assaulted her over the course of several hours. Mitchell eventually returned the victim to the area of the middle school where he had abducted her earlier that morning and reminded her not to tell anyone. The victim immediately reported the abduction and sexual assaults to her friends, family members and multiple law enforcement agencies. During an interview with police, the defendant exclaimed that the victim “better hope I don’t get out of here.” 

An examination of the defendant’s cellphone revealed that the defendant had conducted numerous searches regarding rape and how to stop someone from screaming and, while he had the child captive in his apartment, he conducted an additional internet search for how long it takes to smother someone. 

A sentencing hearing will be set at a later date. Mitchell faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Douglas Police Department and FBI Phoenix Field Office, Sierra Vista Resident Agency investigated the case.

Assistant U.S. Attorney Carin Duryee for the District of Arizona and Trial Attorney MarLa Duncan of the Civil Rights Division’s Criminal Section are prosecuting the case.

TUCSON, Ariz. – Roy L. Layne, 44, of St. David, pleaded guilty yesterday to two counts of Wire Fraud and one count of Filing a False Claim. Sentencing is scheduled for February 3, 2025, before United States District Judge John C. Hinderaker.

Layne admitted that during the COVID-19 global pandemic he fraudulently applied for U.S. Small Business Administration (SBA) Economic Injury Disaster Loans, SBA Paycheck Protection Program Loans, and pandemic-related tax relief in the names of fictitious business entities, himself, and others. Layne filed numerous fraudulent SBA loan applications, ultimately receiving $306,700 that he was not entitled to. Layne also filed numerous false claims for tax refunds with the Internal Revenue Service totaling over $7.4 million, receiving and keeping $549,992 that he was not entitled to. In his plea agreement, Layne has agreed to pay restitution to the SBA and the U.S. Treasury totaling $856,692.91.

A conviction for Wire Fraud carries a maximum penalty of 30 years in prison, a fine of $1,000,000, or both, and a term of five years of supervised release. A conviction for Filing a False Claim carries a maximum penalty of five years in prison, a fine of $250,000, or both, and a term of three years of supervised release.

Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Mary Sue Feldmeier, District of Arizona, Tucson, and Department of Justice Trial Attorney Matthew R. Hoffman, Tax Division, Washington, D.C., are handling the prosecution.
 

CASE NUMBER:           CR-24-04907-TUC-JCH
RELEASE NUMBER:    2024-118_Layne

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A federal judge in Phoenix today sentenced the three owners of Backpage, a prostitution website, for offenses arising from their promotion of and associated money laundering.

Michael Lacey, 76, of Paradise Valley, Arizona, was sentenced to five years in prison and three years of supervised release; Scott Spear, 73, of Phoenix, was sentenced to 10 years in prison and three years of supervised release; and John “Jed” Brunst, 72, of Phoenix, was sentenced to 10 years in prison and three years of supervised release. The Court also ordered that all defendants turn themselves in to the U.S. Marshals Service by noon on Sept. 11.

“The defendants and their conspirators obtained more than $500 million from operating an online forum that facilitated the sexual exploitation of countless victims,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The defendants thought they could hide their illicit proceeds by laundering the funds through shell companies in foreign countries. But they were wrong. Their sentences should serve as a stark reminder that the Criminal Division and its law enforcement partners are committed to protecting victims and following the money to unmask those who exploit human beings for financial gain.”

“These convictions hold accountable three C-Suite executives who controlled an enterprise and its illicit profits,” said U.S. Attorney Gary Restaino for the District of Arizona. “The courage of the victims of Backpage’s criminal activities is vindicated by the sentences imposed by the Court, to include the loss of liberty for each defendant as well as the additional large fine imposed on defendant Lacey, which will inure to the benefit of the Crime Victims Fund and crime victims everywhere.”

According to court documents and evidence presented at trial, Lacey, Spear, and Brunst owned Backpage. From September 2010 through its seizure by the United States in April 2018, Backpage was the internet’s leading forum for prostitution ads. Evidence at trial showed that the conspirators knowingly promoted prostitution via various marketing strategies. For example, the conspirators engaged in a reciprocal link program with an independent web forum that permitted “johns” to post reviews of prostitution acts with specific women. Additionally, the conspirators used an automated filter and human moderators to remove terms known to indicate sex-for-money, while still allowing the ads to be posted. Through this attempt to sanitize the ads, the conspirators sought “plausible deniability” for what the conspirators knew to be ads promoting prostitution. Over the life of the conspiracy, the conspirators earned more than $500 million. In an effort to preserve the money earned, Lacey, Spear, and Brunst laundered the money through numerous shell companies they created in multiple foreign countries.

In November 2023, a federal jury in Phoenix convicted Lacey of one count of international concealment money laundering; Spear of conspiracy to violate the Travel Act, 17 counts of violating the Travel Act, money laundering conspiracy, and 10 counts of concealment money laundering; and Brunst of conspiracy to violate the Travel Act, money laundering conspiracy, 10 counts of concealment money laundering, and five counts of international promotional money laundering.

Today’s sentences follow prior convictions of Backpage leadership and corporate entities:

• In April 2018, Carl Ferrer, 57, of Frisco, Texas, who was Backpage’s co-founder and CEO, pleaded guilty to conspiracy to facilitate prostitution using a facility in interstate or foreign commerce and to engage in money laundering.
• In August 2018, Dan Hyer, 54, of Dallas, who was Backpage’s Sales & Marketing Director, pleaded guilty to conspiracy to facilitate prostitution using a facility in interstate or foreign commerce.
• In April 2018, several Backpage-related corporate entities, including Backpage LLC, pleaded guilty to conspiracy to engage in money laundering.

Co-conspirator James Larkin, 73, died on July 31, 2023, before trial began.

Principal Deputy Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Gary M. Restaino for the District of Arizona, Special Agent in Charge Carissa Messick of the IRS Criminal Investigation (CI) Phoenix Field Office, Acting Assistant Director Jodi Cohen of the FBI’s Criminal Investigative Division, Special Agent in Charge Jose A. Perez of the FBI Phoenix Division, and Acting Inspector in Charge Matthew Shields of the U.S. Postal Inspection Service (USPIS) Los Angeles Division made the announcement.

Assistant U.S. Attorneys Kevin Rapp, Margaret Perlmeter, and Peter Kozinets for the District of Arizona and Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section are prosecuting the case, with significant assistance from the U.S. Attorney’s Office for the Central District of California, Office of the California Attorney General, and Office of the Texas Attorney General. Assistant U.S. Attorney Joseph Bozdech for the District of Arizona is handling the asset forfeiture aspects of the case.

PHOENIX, Ariz. – United States Attorney Gary M. Restaino announced today that United Seating and Mobility, LLC, d/b/a Numotion (Numotion), a Missouri limited liability company that provides specialized durable medical equipment, agreed to pay $13,500,000 to resolve allegations that the company violated the federal False Claims Act (FCA).

The settlement resolves allegations by the United States that Numotion submitted false claims to Medicare and other federal health care programs for custom wheelchairs and wheelchair parts.  According to the United States’ allegations, the claims were false because they were based on patient evaluations that were unlawfully authored, completed, or signed by Numotion employees rather than being authored, completed, or signed by qualified medical professionals. Additional details of the United States’ allegations are set forth in the settlement agreement, available here. 

“The custom wheelchairs and parts involved in this investigation are critical to helping patients who rely on federal health care programs, including America’s veterans, meet their medical needs and thrive,” said United States Attorney Gary Restaino. “But medical professionals must evaluate the need, not sales personnel from the supplier. Thanks to Numotion for self-reporting this conduct and cooperating in the investigation, and to the Inspector General for protecting the public fisc and ensuring accountability.”

“Providers that participate in the federal health care system are required to obey the laws and regulations meant to protect the integrity of these programs,” said Special Agent in Charge Timothy DeFrancesca of the U.S. Department of Health & Human Services Office of the Inspector General (HHS-OIG).  “HHS-OIG will continue working with our law enforcement partners to hold providers accountable when they do not follow these statutes.”

The settlement resolves three qui tam, or whistleblower, lawsuits filed in the United States District Court for the District of Arizona. Under the qui tam provisions of the False Claims Act, private citizens may bring civil actions on behalf of the United States and share in any recovery obtained.  The lawsuits resolved by the settlement agreement are:

• United States ex rel. Weiss v. United Seating & Mobility, LLC, d/b/a Numotion (CV-20-1573-PHX-SPL)

• United States ex rel. Vega v. United Seating and Mobility d/b/a Numotion, et al. (CV-21-1306-PHX-DJH)

• United States and State of Tennessee ex rel. Prager v. United Seating and Mobility LLC, d/b/a Numotion (CV-22-1899-PHX-CDB)

Through a series of self-disclosures, Numotion voluntarily reported several overpayments to the United States and cooperated with the United States’ investigation. The United States considered Numotion’s self-disclosures as one of several factors in reaching the settlement amount and the resolution of the case. The settlement is neither an admission of liability by Numotion, nor a concession by the United States that its claims are not well founded.

The U.S. Department of Health and Human Services – Office of Inspector General conducted the investigation in this case. The case was handled by the Affirmative Civil Enforcement Unit of the United States Attorney’s Office for the District of Arizona and by the Department of Justice, Civil Division, Commercial Litigation Branch, Fraud Section.  

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

CASE NUMBERS:         CV-20-1573-PHX-SPL

                                         CV-21-1306-PHX-DJH

                                         CV-22-1899-PHX-CDB

RELEASE NUMBER:    2024-117_Numotion

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PHOENIX, Ariz. –Diana Marie Moore, 44, of Mesa, was sentenced this week by United States District Judge Susan M. Brnovich to 66 months in prison, followed by three years of supervised release. Moore was also ordered to pay restitution to the Arizona Health Care Cost Containment System (“AHCCCS”) in the amount of $21,730,674.04. In addition, the Court ordered the forfeiture of four single-family homes owned by Moore as well as 117 other items, including seven luxury vehicles, designer apparel, luxury jewelry, and artwork. All the items were purchased by Moore using the proceeds of her fraud scheme. Moore pleaded guilty to Wire Fraud and Money Laundering on July 10, 2023.

Moore admitted that she owned two behavioral health counseling services, Harmony Family Services (HFS) and Harmony Family Services II (HFS II) and that she had also submitted the application for a third behavioral health counseling service, Logan Family Health, LLC (“LFH”). All three then applied to be medical providers for the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid agency- HFS applied in 2019, HFS II applied in 2020, and LFH applied in 2022. AHCCCS approved all three applications. At the time HFS and HFS II applied to AHCCCS, Moore failed to disclose her ownership interest in the other entity. Moore also failed to disclose her prior felony conviction, which was required to be disclosed on the AHCCCS application form.

Moore further admitted that she engaged in a fraudulent billing practice targeting AHCCCS and exploiting a program that enables Native Americans to seek behavioral health treatment without first obtaining a pre-payment review. Specifically, starting in January 2020, Moore began obtaining AHCCCS identification numbers for AHCCCS enrollees by paying other providers to transport AHCCCS enrollees to the HFS or HFS II facility for a single day, and then obtaining enrollees’ identification numbers once they arrived. Nearly all of the AHCCCS enrollees billed for by Moore were members of the American Indian Health Plan.  After these AHCCCS enrollees left the HFS or HFS II facility, Moore would submit bills to AHCCCS, which falsely claimed that HFS and HFS II continued providing services to those same enrollees for up to 90 days. Moore regularly claimed that HFS or HFS II provided counseling services to a given AHCCCS enrollee for eight or more hours each day, five days a week, for months in a row, even though Moore knew such services were not provided. In addition, Moore submitted claims to AHCCCS, which falsely claimed that HFS or HFS II provided services to certain AHCCCS Enrollees who were, in fact, deceased or imprisoned at the time Moore claimed to have provided services.

At the sentencing hearing, the Court noted the particular harm done to the Native American populations in Arizona as a result of this type of fraud.

“The American Indian Health Plan exists to help an underserved community surmount barriers to treatment,” said United States Attorney Gary Restaino.  “Defendant misused this program, and the unique identification numbers generated by it, to benefit herself -- in some cases by billing for patients she never treated, and in other cases by falsely inflating the duration of treatment.  Thanks to the Internal Revenue Service for its financial acumen in bringing defendant to justice, and to the AHCCCS Inspector General’s Office for its valuable assistance.”

“The sentencing of Diana Moore should be a reminder there are serious consequences to this type of criminal behavior,” said Carissa Messick, IRS CI Special Agent in Charge, Phoenix Field Office. “IRS CI methodically works to bring fraudsters to justice and restore confidence in our public programs.”

Internal Revenue Service Criminal Investigation conducted the investigation in this case. Assistant U.S. Attorney Aron Ketchel, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-0040-SMB
RELEASE NUMBER:    2024-116_Moore

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TUCSON, Ariz. – On August 14, 2024, a federal grand jury in Tucson returned an 11-count indictment against Daniel Jarrett Ridlinghafer, 37, of Marana for Bank Fraud, Wire Fraud, and Mail Fraud.

The indictment alleges that Ridlinghafer owned and operated Psalm 112 LLC, d.b.a. Tucson Solar Pros, a solar installation company based in Tucson. Beginning in January 2021 and continuing through July 7, 2022, Ridlinghafer engaged in a scheme to defraud at least 25 homeowners and two federally insured credit unions. Ridlinghafer, or his employees, signed fraudulent contracts with victim homeowners for the purchase and installation of solar power electrical systems on the victims’ homes. The victim credit unions then funded loans for many of the projects based on those contracts. After receiving payment from the victim homeowners and credit unions, Ridlinghafer abandoned the projects, failed to provide the victim homeowners any of the equipment they had purchased, and did not install any solar equipment on their homes. Ridlinghafer allegedly defrauded the victim homeowners and credit unions out of at least $695,000.00.

A conviction for Bank Fraud carries a maximum penalty of 30 years in prison and a $1,000,000.00 fine. A conviction for Mail Fraud and Wire Fraud carries a maximum penalty of 20 years in prison and a $250,000.00 fine.

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

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

CASE NUMBER:           CR-2024-05232 TUC-RM
RELEASE NUMBER:    2024-115_Ridlinghafer

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TUCSON, Ariz. – Maurice Fitzgerald Alexander, Jr., 33, of Memphis, Tennessee, was sentenced last week by United States District Judge James A. Soto to 40 years in prison, followed by lifetime supervised release.

Earlier this year, Alexander was convicted by a federal jury after a three-day trial of Sex Trafficking of a Minor by Force, Fraud, or Coercion. The jury also found Alexander guilty of one count of Conspiracy to Commit Sex Trafficking of a Minor Using Force, Fraud, or Coercion, one count of Transportation with Intent to Engage in Criminal Sexual Activity, and one count of Production of Child Pornography. At the time of the offense, Alexander was already required to register as a sex offender.

On October 4, 2021, officers from the Tucson Police Department responded to a 911 call from the victim and learned she had possibly been trafficked for the purposes of sexual exploitation. A Tucson Police detective quickly responded to a local hospital and immediately initiated an investigation. The investigation revealed that Alexander trafficked the victim, who was 14 years old at the time, through Arizona, New Mexico, Texas, and Colorado between August 19, 2021, and October 4, 2021. Department of Homeland Security Special Agents and Task Force Officers arrested Alexander in Tucson on October 21, 2021. A subsequent review of Alexander’s phone showed that Alexander also forced the minor victim to create photos and videos depicting sexually explicit conduct that were later used in advertisements on social media and various other websites commonly used for prostitution.

The Tucson Police Department and Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorneys Nathaniel J. Walters and Monica E. Ryan, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-02972-JAS-EJM
RELEASE NUMBER:    2024-114_Alexander

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PHOENIX, Ariz. – Robert Don Schield, 40, of Camp Verde, was sentenced on Wednesday by United States District Judge Dominic W. Lanza to 120 months in prison, followed by three years of supervised release. Schield pleaded guilty to the Distribution of Methamphetamine and Fentanyl that resulted in an overdose death on May 17, 2024.

In February 2022, Schield sold the victim six fentanyl pills and 10 grams of methamphetamine. The Yavapai County Sheriff’s Office responded to the victim’s home the next morning, after her friend discovered her unresponsive and not breathing. The medical examiner found the victim’s cause of death to be from methamphetamine and fentanyl intoxication. Schield was arrested in March 2022, after selling an ounce of methamphetamine and 10 fentanyl pills to another customer for $300. 

“We cannot let those who introduce poison into Arizona’s communities walk about with impunity,” said United States Attorney Gary Restaino.  “One pill can kill, and therefore one small drug transaction can lead to long time in prison.  Many thanks to the Yavapai County Sheriff’s Office and the Flagstaff agents of the DEA for their compassion and diligence in this investigation.”

“This defendant's actions caused a tragic death,” said DEA Special Agent in Charge Cheri Oz. “DEA will not stop working with our law enforcement partners to protect our communities and hold those responsible who distribute deadly and dangerous drugs.”

“We’d like thank the DEA and the other organizations that worked so thoroughly with us on this case,” said Yavapai County Sheriff David Rhodes. “We would also like to thank the U.S. Attorney’s Office for making sure that deaths that result from these insidious narcotics will not go unpunished.”

The Arizona Department of Health Services reports that so far in 2024, there have been 665 confirmed opioid deaths (https://www.azdhs.gov/opioid/dashboards/index.php#overdose-deaths) and 4,781 emergency and inpatient visits involving suspected opioid overdose in Arizona (https://www.azdhs.gov/opioid/dashboards/index.php#emergency-inpatient-visits).

The Drug Enforcement Administration- Flagstaff POD, and Yavapai County Sheriff’s Office conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-22-8037-PCT-DWL
RELEASE NUMBER:    2024-113_Schield

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PHOENIX, Ariz. - Michael Lee Tomasi, 37, of Rio Verde, Arizona, pleaded guilty yesterday to making threats against federal officials. 

From May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including a city district attorney, a state court judge, a member of Congress and other federal officials and law enforcement officers. Tomasi pleaded guilty to posting a threat on Aug. 26, 2023, to kill FBI agents in order to impede, intimidate, or interfere with FBI agents’ performance of their official duties. Specifically, Tomasi admitted that, on that day, he posted: “Shoot the FBI first and ask questions later. . . .  Any FBI [] have a problem with that[,] come to my house and see what happens. Shoot before they even pull their guns out of their trunk and you shoot to kill.” 

“Threats of violence against elected officials, judges, and FBI agents pose immense danger to the physical safety of individual victims and undermine our very system of government,” said Attorney General Merrick B. Garland. “The Justice Department will hold to account anyone who targets public servants with illegal threats of violence.”

“Threatening law enforcement officers and elected officials strikes at the heart of our communities and our democracy,” said FBI Director Christopher Wray. “The men and women of the FBI work tirelessly every day to defend our homeland and protect the American people. I am proud of their selfless spirit — putting themselves in harm’s way to keep others safe — and we will hold accountable anyone who threatens them.”

"This disgruntled defendant threatened officials from all three branches of government,” said U.S. Attorney Gary Restaino for the District of Arizona. “Moreover, he was prepared to carry out his threats: when arrested he had a loaded handgun in his vehicle, as well as other firearms and body armor in his home. The prosecution of threats offenses makes Americans safer.”

Tomasi pleaded guilty to making threats against federal officials. He is scheduled to be sentenced on Oct. 23, and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case.

Assistant U.S. Attorneys Raymond K. Woo and Abbie Broughton Marsh for the District of Arizona are prosecuting the case, with valuable assistance provided by Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section.

CASE NUMBER:            CR-23-01751-PHX-DWL
RELEASE NUMBER:    2024-112_Tomasi

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Michael Lee Tomasi, 37, of Rio Verde, Arizona, pleaded guilty yesterday to making threats against federal officials. 

From May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including a city district attorney, a state court judge, a member of Congress and other federal officials and law enforcement officers. Tomasi pleaded guilty to posting a threat on Aug. 26, 2023, to kill FBI agents in order to impede, intimidate, or interfere with FBI agents’ performance of their official duties. Specifically, Tomasi admitted that, on that day, he posted: “Shoot the FBI first and ask questions later. . . .  Any FBI [] have a problem with that[,] come to my house and see what happens. Shoot before they even pull their guns out of their trunk and you shoot to kill.” 

“Threats of violence against elected officials, judges, and FBI agents pose immense danger to the physical safety of individual victims and undermine our very system of government,” said Attorney General Merrick B. Garland. “The Justice Department will hold to account anyone who targets public servants with illegal threats of violence.”

“Threatening law enforcement officers and elected officials strikes at the heart of our communities and our democracy,” said FBI Director Christopher Wray. “The men and women of the FBI work tirelessly every day to defend our homeland and protect the American people. I am proud of their selfless spirit — putting themselves in harm’s way to keep others safe — and we will hold accountable anyone who threatens them.”

"This disgruntled defendant threatened officials from all three branches of government,” said U.S. Attorney Gary Restaino for the District of Arizona. “Moreover, he was prepared to carry out his threats: when arrested he had a loaded handgun in his vehicle, as well as other firearms and body armor in his home. The prosecution of threats offenses makes Americans safer.”

Tomasi pleaded guilty to making threats against federal officials. He is scheduled to be sentenced on Oct. 23, and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case.

Assistant U.S. Attorneys Raymond K. Woo and Abbie Broughton Marsh for the District of Arizona are prosecuting the case, with valuable assistance provided by Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section.

PHOENIX, Ariz. – Mauricio Andrade-Garcia, 20, of Heber City, Utah, was sentenced yesterday by United States District Judge Douglas L. Rayes to 10 months in prison, followed by three years of supervised release. Andrade-Garcia pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit on March 14, 2024. 

Andrade-Garcia recruited drivers through social media sites, including Snapchat, to pick up undocumented noncitizens (UNCs) in Southern Arizona and to transport them further into the United States for profit. He coordinated with his co-conspirators, providing them with instructions on how and where to pick up the UNCs. He shared  GPS coordinates for the UNCs’ locations and transportation routes designed to circumvent detection by law enforcement. Three of Andrade-Garcia’s co-conspirators were arrested while transporting the UNCs and convicted in separate cases in CR-23-00482-TUC-JCH and CR-23-00108-TUC-RM.

Homeland Security Investigations–Casa Grande and Customs and Border Protection’s United States Border Patrol–Tucson Sector conducted the investigation. Assistant United States Attorney Christine D. Keller, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-01024-PHX-DLR
RELEASE NUMBER:    2024-111_Andrade-Garcia

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TUCSON, Ariz. – Ahmed Mahad Mohamed, 26, and Abdi Yemeni Hussein, 25, both citizens of Somalia, who were living in Tucson at the time of the offense, pleaded guilty last week to Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization, the Islamic State of Iraq and al-Sham (ISIS). Sentencing is scheduled for October 11, 2024, before United States District Judge Jennifer G. Zipps.

From late 2018 until their arrest on July 26, 2019, Mohamed and Hussein conspired with each other to travel to Egypt for the purpose of fighting for ISIS in the Sinai Peninsula.

Beginning in at least August 2018, Mohamed sought out other ISIS supporters online, stating that he wanted to travel to ISIS-controlled territory to become “the beheading guy” and martyr himself. Mohamed also stated that his only dream was to go to Syria, join ISIS, and “fight jihad,” and he indicated that his friend, Hussein, also desired to travel to ISIS territory abroad. Mohamed and Hussein met in person in 2019 to discuss their plans. Mohamed reiterated that his goal was to fight for ISIS abroad. Hussein told Mohamed that they would either reach ISIS territory “or we go to jail,” and suggested attacking the White House if they were prevented from traveling.

By June 2019, the defendants began making travel arrangements to join ISIS. They both sold their cars and purchased plane tickets from Tucson to Cairo. On the morning of July 26, 2019, the defendants checked in for their flight at the Tucson International Airport, went through security screening, and walked to the departure gate. Mohamed was carrying approximately $10,000 that he and Hussein planned to use for travel expenses and to buy firearms. Once in Egypt, the defendants intended to smuggle themselves into the ISIS-controlled area of the Sinai Peninsula so they could work under the direction and control of ISIS. Before Mohamed and Hussein could board their flight, the FBI arrested them.

A conviction for Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization carries a maximum penalty of 20 years in prison, a fine of $250,000, or both. Both defendants have agreed to a judicial order of removal and will be removed from the United States to Somalia following any term of imprisonment.

The FBI’s Joint Terrorism Task Force conducted the investigation in this case. The United States Attorney’s Office, District of Arizona and the Department of Justice National Security Division’s Counterterrorism Section are handling the prosecution.
 

CASE NUMBER:            CR-19-2162-TUC-JGZ
RELEASE NUMBER:    2024-109_Mohamed, et.al.

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TUCSON, Ariz. – Clinton Mark Lewis, 52, of Phoenix, was sentenced on Monday by United States District Judge Scott H. Rash, to 51 months in prison. Lewis pleaded guilty to one count of Influencing, Impeding, or Retaliating Against a Federal Official by Threat on May 8, 2024.

On July 25, 2022, Lewis was in federal court for sentencing after a jury found him guilty of possessing child pornography. As the district judge was pronouncing his sentence, Lewis erupted in court, shouting profanities and racial slurs at the judge. During his tirade, Lewis threatened to kill the judge and the judge’s grandchildren. As a result, Lewis was removed from the courtroom.

On April 27, 2023, Lewis was indicted on three separate charges: Influencing, Impeding, or Retaliating Against a Federal Official by Threat, Obstruction of Justice, and Contempt. On May 8, 2024, Lewis pleaded guilty to Influencing, Impeding, or Retaliating Against a Federal Official.

At the sentencing hearing, Lewis was sentenced to 51 months in prison, which the court ordered to run consecutive to the 151 months in prison Lewis is currently serving for possession of child pornography.

“Due process demands that a defendant have a meaningful opportunity to speak with a District Judge at sentencing,” said United States Attorney Gary Restaino. “But the right to allocute is not a license to antagonize or intimidate. We will continue to separately charge those who threaten judicial officers during court proceedings, and to seek additional, consecutive sentences to discourage and deter this criminal behavior.”

“The sentence handed down today underscores the seriousness of threatening a U.S. Marshals Service protectee,” said Acting U.S. Marshal Van Bayless. “Our very democracy is based on the premise that the Judiciary operate free from harm and intimidation of any type. I am grateful to our investigators and the U.S. Attorney’s prosecutors for their continued dedication and diligence in the protection of the judicial process.”

The United States Marshals Service Judicial Security Unit conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR-23-583-TUC-SHR
RELEASE NUMBER:    2024-110_Lewis

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