Case 2:16-cr-01502-DGC Document 29 Filed 09/13/17 Page 1 of 4

1
2
3
4
5
6
7
8

ELIZABETH A. STRANGE
Acting United States Attorney
District of Arizona
MATTHEW BINFORD
Arizona State Bar No. 029019
JAMES R. KNAPP
Arizona State Bar No. 021166
Assistant U.S. Attorneys
Two Renaissance Square
40 N. Central Ave., Ste. 1200
Phoenix, Arizona 85004
Telephone: (602) 514-7500
Email: Matthew.Binford@usdoj.gov
Email: James.Knapp2@usdoj.gov
Attorneys for Plaintiff

9
IN THE UNITED STATES DISTRICT COURT

10

FOR THE DISTRICT OF ARIZONA

11
12

United States of America,

13
v.

14
15

Plaintiff,

CR-16-1502-PHX-DGC
UNITED STATES’
SENTENCING MEMORANDUM

Tavis Irvin Tso,
Defendant.

16
17

The United States agrees with the recommendation set forth in the Presentence

18

Investigation Report (“PSR”), and respectfully asks the Court to impose a sentence of

19

probation. The victim in this matter also agrees that probation is an appropriate sentence.

20

(PSR ¶ 16.) As set forth below, a sentence of probation is reasonable and appropriate

21

under Title 18, United States Code, Section 3553(a).

22

I.

THE CRIME.

23

Tavis Tso provided information technology (“IT”) services for a company located

24

in Phoenix, Arizona. (PSR ¶ 4.) In June of 2011, he renewed an account for the

25

company with GoDaddy, LLC (“GoDaddy”), an internet domain registrar and web

26

hosting company. (PSR ¶ 5.)

27

In May of 2015, the company decided to update its contact information with

28

GoDaddy. (PSR ¶ 7.) In order to update the company’s contact information, staff

 Case 2:16-cr-01502-DGC Document 29 Filed 09/13/17 Page 2 of 4

1

members from the company contacted Tso and requested the account login information

2

for the company’s GoDaddy account. (PSR ¶ 8.) Tso falsely told the company’s staff

3

members that he did not have the account login information and that he was unable to

4

access the account. (PSR ¶ 8.)

5

Tso subsequently accessed the company’s GoDaddy account several times and

6

changed the contact information associated with the account. (PSR ¶¶ 9, 12.) He also

7

created two email accounts through Microsoft to support his scheme. (PSR ¶ 12.) He

8

then made changes to the company’s GoDaddy account that resulted in the company’s

9

website being redirected to a blank page and the domain’s email becoming unavailable to

10

the company’s staff members for incoming messages. (PSR ¶ 9.)

11

On June 12, 2015, Tso told staff members from the company that he could have

12

the website returned to normal in exchange for $10,000. (PSR ¶ 11.) The company

13

refused

14

www.teengaydick.com. (PSR ¶ 11.) Customers who attempted to visit the company’s

15

website were redirected to the pornography website for several days before the company

16

was able to regain control of its account. (PSR ¶ 11.) During the incident, employees at

17

the company had no access to email, significantly impacting business operations. (PSR

18

¶ 16.) Additionally, following the incident, the company was forced to purchase a new

19

domain name and order new business cards, among other expenses. (PSR ¶ 16.)

20

II.

the

offer,

and

Tso

subsequently

redirected

their

website

to

A FOUR-YEAR TERM OF PROBATION IS APPROPRIATE.

21

Tso is a college educated, gainfully employed, 39-year-old, with no prior criminal

22

convictions. (PSR ¶¶ 29–35.) The conduct here is serious and troubling, but it appears to

23

be out of character for Tso. Given the fact that this appears to be a one-time lapse in

24

judgment, a term of probation is the best way to address the seriousness of this offense,

25

while affording adequate deterrence to future criminal conduct and protecting the public

26

from future crimes.

27

including a search condition and a financial condition, should be sufficient to monitor

28

The special conditions recommended by the probation officer,

2

 Case 2:16-cr-01502-DGC Document 29 Filed 09/13/17 Page 3 of 4

1

Tso, in order to ensure compliance with any restitution order and prevent future criminal

2

activity. Additionally, the recommended restitution amount of $9,145 is a substantial

3

amount that will require Tso to think long and hard about his actions in the future.

4

III.

CONCLUSION.

5

The Government respectfully asks the Court to place Tso on probation for four

6

years. The Government also asks the Court to order Tso to pay $9,145 in restitution to

7

the victim. The restitution amount and a four-year term of probation are both within the

8

terms of the plea agreement and are sufficient, but not greater than necessary to comply

9

with the factors set forth under 18 U.S.C. § 3553(a).

10
11
12
13
14
15

ELIZABETH A. STRANGE
Acting United States Attorney
District of Arizona
s/ Matthew Binford_______
MATTHEW BINFORD
Assistant U.S. Attorney

16
17
18
19
20
21
22
23
24
25
26
27
28

3

 Case 2:16-cr-01502-DGC Document 29 Filed 09/13/17 Page 4 of 4

1
2
3
4
5
6

CERTIFICATE OF SERVICE
I hereby certify that on September 13th, 2017, I electronically transmitted the
attached document to the Clerk’s Office using the CM/ECF System for filing and
transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
Mark Berardoni
Attorney for Defendant

7
8

s/ Matthew Binford
AUSA Matthew Binford

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4