United States Attorney Gary M. Restaino Completes His Service to the Department of Justice

PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona announced that United States Attorney Gary M. Restaino has completed his service to the Department, effective yesterday.

Mr. Restaino was informed of his termination in a communication from the White House.  As a Presidential appointee, Mr. Restaino is subject to removal from office in the discretion of the sitting President.  The White House thanked him for his service to the United States.

“Getting the opportunity to lead an Office in which I have worked for many years has been energizing,” said U.S. Attorney Restaino. “I am grateful to President Biden for the appointment, to Senators Kelly and Sinema for their support of my nomination, and to Attorney General Garland for his stewardship of the Department of Justice. And most of all I am thankful for our people here in Arizona – the dedicated prosecutors, victim advocates and administrative professionals at the United States Attorney’s Office, as well as the agents, analysts, and accountants at our federal law enforcement agencies – who work collaboratively and collegially with state and local partners and leaders of underserved communities to make Arizona a better and safer place.”

Since 2021 the Office has continued its strong efforts at border security, enhanced violent crime prosecutions and increased civil rights prosecutions and interventions.

Border Security

• In fiscal year 2024 the District led the nation in criminal consequences for illegal entry and reentry into the United States.
• Prosecutors engaged in victim-centric prosecutions of alien smugglers, including a defendant who sexually assaulted a migrant and leaders extradited from Mexico and from Honduras who threatened, harassed and robbed aliens in their care.
• Our team dismantled transnational criminal organizations trafficking fentanyl and other poisons into the United States.
• Working with federal partners, the Office has disrupted firearms trafficking organizations through: interdictions at ports of entry; increasing cooperation with Mexico; seizures en route to Canada; undercover sting operations; long-term straw purchasing investigations tied to border interdictions; and in a case alleging an attempt to incite regime change in South Sudan via attempts to export grenade launchers and Stinger missiles.

Violent Crime Prosecutions

• Indian Country prosecutors secured a first-degree murder conviction arising out of a missing persons case from the Navajo Nation.
• Federal partners in Tucson reimagined federal firearms prosecutions through a Public Safety Partnership.
• The District secured a second-degree murder conviction against a man who shot and killed a Deputy United States Marshal.
• Our team developed consistency and rigor in prosecuting threats of violence conveyed against President Biden, President Trump, election officials, law enforcement agents, university students, and victims of “swatting” incidents.

Civil Rights

• The District secured convictions (and a 438-month sentence) for arson and interference with the free exercise of religion against a man who burned two churches in Douglas, Arizona.
• Prosecutors vindicated the rights of a minor who was sexually assaulted by a Customs and Border Protection Officer by obtaining convictions for kidnaping and deprivation of rights.
• The Office and its colleagues in the Civil Rights Division reached a settlement with the Arizona Department of Corrections to improve accommodations for inmates with vision limitations and therefore to increase opportunities for positive reentry.
• Our team intervened in an election lawsuit to ensure that Arizona voters have access to ballot drop boxes free from intimidation.
• Lawyers and advocates from around the District participated in many United Against Hate outreach events to increase reporting of hate crimes and bias incidents.

Mr. Restaino became United States Attorney in November 2021 after 20 years of service as a federal employee, including two years in the Peace Corps in Paraguay and 18 years as an Assistant United States Attorney here in Arizona. During his tenure, Mr. Restaino served on the Attorney General’s Advisory Committee, advising Attorney General Garland on matters of policy, procedure, and management, and also elevating the voices of the U.S. Attorney community in Washington. In addition, for nearly 90 days in the spring and summer of 2022, and at the direction of President Biden, Mr. Restaino served the women and men of the Bureau of Alcohol, Tobacco, Firearms and Explosives as their Acting Director, pending the confirmation of the agency’s nominee.

Pursuant to the Vacancy Reform Act, career prosecutor and First Assistant United States Attorney Rachel C. Hernandez currently serves as the Acting United States Attorney for the District.

The United States Attorney’s Office represents the interests of the United States in criminal and civil cases in federal court in Arizona, coordinates the efforts of its federal law enforcement partners, advocates for the rights of victims, and enhances and strengthens communities through dialogue, outreach, and engagement. The Office currently has approximately 180 Assistant United States Attorneys and approximately 160 additional administrative professionals spread between two large offices in Phoenix and Tucson, and two smaller branch offices in Yuma and Flagstaff.
 

RELEASE NUMBER:    2025-018_Departure of United States Attorney Gary M. Restaino

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