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Date: 05-09-2023
Case Style:
Case Number: 2:21-cr-00111
Judge: Howard C. Nielsen, Jr.
Court: United States District Court for the District of Utah (Salt Lake County)
Plaintiff's Attorney: United States Attorney’s Office in Salt Lake City
Defendant's Attorney:
Description: Salt Lake City, Utah criminal defense lawyer represented Defendant charged with multiple counts of extortion and cyberstalking a Utah victim and her family.
Jordy Julian Alvarez, 28, a Texas resident, repeatedly harassed and intimidated the female victim to provide an explicit video or he would release to the public compromising photos and videos of the victim already in his possession. Alvarez further identified, threatened, intimidated, and harassed the victim’s father, brother, and grandmother to extort more explicit videos of the victim and threatened to further ruin her reputation. Additionally, Alvarez admitted to multiple counts of cyberstalking that caused the victim and her family fear of death or serious bodily injury, and emotional distress. Alvarez’s criminal behavior took place via interstate commerce. In addition to his sentence of 60 months’ imprisonment, Alvarez was ordered to serve three years of supervised release after his prison sentence.
“I want to be clear; I would impose the same sentence if the sentencing guidelines were lower,” said U.S. District Court Judge Howard C. Nielson Jr.
“The defendant’s criminal actions in this case were heinous,” said U.S. Attorney Trina A. Higgins of the District of Utah. “I commend the victim in this case for coming forward. Our office will continue to work with law enforcement to prosecute offenders that prey on our vulnerable and young via the internet.”
“Jordy Alvarez is a cyber predator who relentlessly harassed, bullied, and extorted the victim for an extended amount of time, causing substantial emotional harm,” said Acting Special Agent in Charge Cheyvoryea Gibson of the Salt Lake City FBI. “Cyberstalking is a serious federal crime. The FBI’s Cyber Task Force which includes a strong partnership with the Utah Department of Public Safety, has the tools to hold criminals like Alvarez, who hide behind the internet, accountable.”
Assistant U.S. Attorney, Jennifer K Muyskens, of the District of Utah prosecuted the case.
18:875(b) INTERSTATE COMMUNICATIONS - THREAT TO KIDNAP Extortion through Interstate Communications; 18:981(a)(1)(C) and 28:2461(c) Intent to Seek Forfeiture
(1-2)
(a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both.
(c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.
18:2261A(2) STALKING (18 USC 2261A) Cyberstalking
(7-9)
Whoever—
(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—
(A) places that person in reasonable fear of the death of, or serious bodily injury to—
(i) that person;
(ii) an immediate family member (as defined in section 115) of that person;
(iii) a spouse or intimate partner of that person; or
(iv) the pet, service animal, emotional support animal, or horse of that person; or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or
(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—
(A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) or section 2261B, as the case may be.
Outcome: Defendant was sentenced to five years in prison.
Plaintiff's Experts:
Defendant's Experts:
Comments: