Gary M. Restaino

With nearly two decades of service as a federal prosecutor to the District of Arizona, Gary M. Restaino took office on November 23, 2021, as the United States Attorney for the District of Arizona, following the resignation of former U.S. Attorney Michael G. Bailey. Gary Restaino was previously nominated for the position by President Joseph R. Biden Jr. on October 27, 2021, which was later unanimously confirmed by The Senate on November 19. A federal prosecutor in the district of Arizona for almost two decades now, Gary M. Restaino was sworn into office by The Honorable Chief Judge G. Murray Snow at the U.S. District Courthouse for the District of Arizona, taking over the highest position in the Office of the United States Attorney succeeding Glenn McCormick, who had served as the interim U.S. Attorney since April 21, 2021.

Educational Background and Bar and Court Admissions

Earning a degree in Bachelor of Arts from the Haverford College in 1990, U.S. Attorney Gary Restaino received his Juris Doctorate from the University of Virginia School of Law in 1996. He was then admitted to the State Bar of Arizona in the same year. He was also admitted to practice in the United States District Court for the District of Arizona in October 1996 and in the United States Court of Appeals for the Ninth Circuit in November 2003.

Education

University of Virginia School of Law, 1993-1996
J.D. – May 1996
Haverford College, 1986-1990
B.A. – May 1990
University of St. Andrews, Fife, Scotland
Junior Year Abroad, Oct. 1988 – June 1989

Bar Associations

State Bar of Arizona
Legal Services Committee (Chair, June 2012 – June 2014)
State Bar of Arizona
Access to Justice Task Force
Arizona Bar Foundation (formerly known as the Arizona Foundation for Legal Services and Education)
Board of Directors (January 2002– December 2007)
State Bar of Arizona
Landlord Tenant Task Force
State Bar of Arizona
Public Lawyers Section, Executive Council (Chair, June 2001–June 2002)

Bar Admissions

Arizona, October 1996

Court Admissions

United States Court of Appeals for the Ninth Circuit (November 2003)
United States District Court for the District of Arizona (October 1996)
All state courts in Arizona (October 1996)

Legal Internships and Clerkships

Prior to attending law school, Top Federal Prosecutor Restaino served as a Waterfront Director at Camp Aquehonga from June to August 1990. While earning his Juris Doctorate, U.S. Attorney Restaino remained active in volunteer work and served as a Peace Corps Volunteer in the United States Peace Corps for about two years, from February 1991 to May 1993. Establishing his legal career even during his law school years, U.S. Attorney Restaino served as a Law Clerk under the Farmworker Program in the Colorado Rural Legal Assistance, Inc. from June to August 1994. The following summer, he worked as a Law Clerk in the Salerno, Cozzarrelli, Mautone, DeSalvo, and Nussbaum.

Gary Restaino’s Legal Career

Non-Profit Law Firm

In August 1996, U.S. Attorney Gary M. Restaino began working as a full-fledged lawyer. He was employed as a Staff Attorney in the Farmworker Program of the Community Legal Services, Inc. – a non-profit law firm funded in part by the federal Legal Services Corporation. His work in this capacity included community outreach, more often in Spanish and Yuma County, as well as working on the litigation of consumer, employment, and housing disputes. For about three years, through July 1999, U.S. Attorney Restaino focused on serving migrants and seasonal farmworkers responsible for the irrigation, harvesting, and packing of the crops grown on Arizona’s farms.

State Government Service

Moving to work in state government offices, Top Federal Prosecutor Restaino was hired as an Assistant Attorney General in the Civil Rights Division of the Office of the Arizona Attorney General. He began performing duties in community outreaches under the position in July 1999. He later handled litigation of discrimination matters, including cases arising from barriers to access, employment, housing, and public accommodations. United States Attorney Gary Restaino remained in the capacity for approximately four years until September 2003. He also coordinated the efforts of the Office to develop statewide training and protocols that specifically address racial profiling in law enforcement.

Legal Career – U.S. Attorney’s Office for the District of Arizona

First joining the Office of the United States Attorney for the District of Arizona in September 2003, Top Federal Prosecutor Restaino was primarily appointed as an Assistant United States Attorney. His work in the Office emphasized the prosecution of federal crimes. U.S. Attorney Restaino was even detailed in the Public Integrity Section of the Department of Justice in Washington from 2009 to 2010, where he managed public corruption matters. Apart from working as a Trial Attorney in the Public Integrity Section, Top Federal Prosecutor Gary Restaino also held several leadership positions in the Office of the United States Attorney for the District of Arizona, including being the Chief of the White Collar Crime Section from 2008 to 2009, and is a Supervisory Assistant United States Attorney, from 2012 to 2016, as well as being the Chief of the Criminal Division of the Phoenix Branch Office.

Memberships and Organizations

Community Legal Services, Inc. (2017 – Present)
Board of Directors
Secretary (May 2020 – Present)
Arizona Road Racers (2014 – Present)
Sandra Day O’Connor Inn of Court (1997 – 2009; 2012 – Present)
Adelante Healthcare formerly known as Clínica Adelante (1997 – 2009)
Board of Directors
President (May 2002 – May 2004; May 2007 – May 2009)

Outside his professional legal career, U.S. Attorney Gary Restaino carried on being active in his memberships and organizations. He served as the Chair of the Legal Services Committee in the State Bar of Arizona from June 2012 to June 2014; as a member of the Board of Directors in the Arizona Bar Foundation from January 2002 to December 2007; and as the Chair of the Executive Council of the Public Lawyers Section of the State Bar of Arizona from June 2001 to June 2002. The United States Attorney Restaino is also an active member of the Community Legal Services, Inc., the Arizona Road Racers, the Sandra Day O’Connor Inn of Court, and Adelante Healthcare.

Most Significant Litigated Matters

Throughout his almost two decades of service in the Office of the United States Attorney for the District of Arizona, Top Federal Prosecutor Gary Restaino has handled numerous high-profile matters, including the successful 2006-2017 investigation and prosecution of the case against former Congressman Richard Renzi and his business partner, Jim Sandlin. The case against former U.S. Rep Rick Renzi involved honest services wire fraud, money laundering, and extortion, among other crimes ensuing from a proposed federal land exchange legislation for southern Arizona, which resulted in the imprisonment of both defendants. Moreover, U.S. Attorney Restaino was also a part of the primary team that prosecuted Thomas Constanzo for money laundering following his involvement in a peer-to-peer bitcoin exchange.

Apart from money laundering cases, U.S. Attorney Gary Restaino has handled cases involving civil rights and consumer fraud violations, including the 2000-2003 investigation and prosecution of the case against Household Bank, N.A. – a federally-regulated bank that participated in a door-to-door sale of air conditioning systems in minority neighborhoods. He was also a part of the team that prosecuted one of the main leaders of a drop house for conspiracy to commit hostage-taking and alien smuggling—among his other significantly litigated matters involved investment fraud and illegal campaign contributions. In his career in a federal prosecution, U.S. Attorney Restaino collaborated extensively with prosecutors in Columbia and Mexico through the Office of Prosecutorial Development, Assistance, and Training of the Department of Justice.

10 Most Significant Litigated Matters Handled by Attorney Gary Restaino

United States v. Renzi and Sandlin (2006-2017)
United States v. Costanzo (2017-2020)
State ex. rel. Napolitano v. Household Bank, N.A. (2000-2003)
United States v. Sutton and Westfall (2007-2008)
United States v. Maldonado (2004-2006)
United States v. Lu (2005-2009)
In re Grand Jury Subpoena No. 16-03-217 (2017)
United States v. Gabler et. al. (2017-2020)
United States v. Berger et. al. (2017-2021)
United States v. Dziedzic et. al. (2016-2019)

Further details regarding the above litigations may be found in the public questionnaire accessible here.

Honors and Awards

Exceptional Service Award, Criminal Division, United States Department of Justice, 2014
Foundation for Justice Award, Arizona Bar Foundation, 2012
Distinguished Public Lawyer Award, Arizona State Bar, 2012
Advocate of the Year, Arizona Attorney General’s Office, 2001
S.P. Lippincott Prize in History, Haverford College, 1990
Eagle Scout, Boy Scouts of America, 1986

The excellence of U.S. Attorney Gary M. Restaino in his field of work has not gone unnoticed. Throughout his service as an attorney, Top Federal Prosecutor Restaino has been awarded a number of awards, including the Distinguished Public Lawyer Award from the Arizona State Bar in 2012; the Foundation for Justice Award from the Arizona Bar Foundation in the same year; and the Exceptional Service Award from the Criminal Division of the United States Department of Justice in 2014. Prosecutor Gary Restaino has also been named the Advocate of the Year by the Arizona Attorney General’s Office in 2001.

Published Writings by Attorney Restaino

A Voice for the Farmworker (Regarding H-2A Guestworkers), DESERT FARM AND RANCH, November 18, 1998
A Voice for the Farmworker (Regarding the Protections of the Agricultural Worker Protection Act), DESERT FARM AND RANCH, April 7, 1999
Last Word, ARIZONA ATTORNEY (January 2014)
Letter to the Editor (Regarding Arizona’s Minimum Wage), ARIZONA REPUBLIC, February 10, 2007, at B11
Letter to the Editor (Regarding Efforts to Overcome Obstacles to Voter Participation), ARIZONA REPUBLIC, AUGUST 24, 2006, at B6
Letter to the Editor (Regarding Immigration), ARIZONA REPUBLIC, February 19, 2003, at B10
Letter to the Editor (Regarding Taxation), ARIZONA REPUBLIC, January 22, 2004, at B10
Letter to the Editor (Regarding the Qualifications for Director Candidates to Lead Arizona’s “Clean Elections” Commission), ARIZONA REPUBLIC, June 23, 2005, at B6
Quaker in Canton: Dr. William Warder Cadbury’s Mission, 1909-1949, QUAKER HISTORY v. 83 No. 1 (Spring 1994)

Office Jurisdiction

Having the honor to serve as the Chief Federal Law Enforcement Official for the District of Arizona, U.S. Attorney Gary M. Restaino aims to push Arizona to be a better place. He intends to work closely with the dedicated law enforcement professionals throughout the State. Holding the highest position in the Office of the United States Attorney for the District of Arizona, U.S. Attorney Restaino is responsible for leading the Office and its staff, consisting of approximately 180 Assistant U.S. Attorneys and 160 support personnel that are divided among the two large offices in Phoenix and Tucson, and two small offices in Yuma and Flagstaff. In addition, U.S. Attorney Restaino shall be in charge of supervising the managing the Office of the United States Attorney for the District of Arizona as it works to handle civil litigations and prosecute all federal crimes within the district, including matters related to child exploitation, financial fraud, healthcare fraud, human trafficking, narcotics, and public corruption.