Northern District of New York

SYRACUSE, NEW YORK – Ydenis Adames-Ramos, age 36, a native of the Dominican Republic living in Brooklyn, New York, was convicted today following a three-day jury trial of illegally transporting aliens.  United States Attorney Carla B. Freedman and Robert N. Garcia, Chief Patrol Agent of the United States Border Patrol Swanton Sector made the announcement.

The evidence at trial established that, on March 11, 2023, the defendant drove from his home in Brooklyn to Chateaugay, New York, to pick up three individuals who were illegally present in the United States. He then transported those illegal aliens in the Chateaugay, New York area, shortly before being stopped by United States Border Patrol.  The defendant intended to drive the aliens to Queens, New York, and then receive a payment of $2,000.

Sentencing is scheduled for October 3, 2024, in Albany, before United States District Judge Anne M. Nardacci. The charge for which the defendant was convicted carries a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The United States Border Patrol investigated the case. Assistant U.S. Attorneys Jessica N. Carbone and Adrian S. LaRochelle are prosecuting the case.

ALBANY, NEW YORK – Kristy Koldis, age 46, of Latham, New York, pled guilty today to sexual exploitation of a child. United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

Koldis admitted that she created sexually explicit content depicting V-1 from the time V-1 was approximately 9 years old through the time V-1 was approximately 13 years old and distributed the files to Joshua White. The files depicted V-1’s genitals exposed to the camera in a lewd and lascivious manner.

If United States District Judge Mae D’Agostino accepts the parties’ agreed-upon disposition at sentencing on October 3, 2024, Koldis will receive a prison term of 180 months, at least 10 years of supervised release to follow that term of imprisonment, and pay restitution to the victim.  A defendant’s sentence is imposed by a judge based on the statutes the defendant violated, the U.S. Sentencing Guidelines, and other factors. Koldis would also have to register as a sex offender upon her release from prison.

White pled guilty on December 11, 2023, to distribution and possession of child pornography; his sentencing is scheduled for July 23, 2024.

Homeland Security Investigations and the New York State Police investigated this case, which is being prosecuted by Assistant United States Attorney Michael D. Gadarian as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Kris Roglieri, age 44, of Queensbury, New York, was arrested today on a criminal complaint charging him with wire fraud.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Roglieri operated Prime Capital Ventures LLC (“Prime Capital”) and Prime Commercial Lending LLC (“Prime Commercial”), among other companies, that were based in Albany.

The criminal complaint alleges that Prime Capital held itself out as a commercial lending business. As part of contractual arrangements with its borrower clients situated across the country, Prime Capital obtained upfront interest payments from prospective borrowers while it sought to secure loans for those borrowers; these upfront interest payments were characterized by Prime Capital as the “Interest Credit Account Payment,” or “ICA” payment for short. ICA payments did not represent fees to Prime Capital. Instead, each borrower’s upfront ICA payment would be debited over time as the loan was funded and accrued more interest. An ICA payment would also be refundable if Prime Capital failed to secure a loan for the borrower client.

The complaint alleges that Roglieri defrauded a Minnesota company in December 2023, by committing to fund, through Prime Capital, a $100 million commercial project, even though, at the time, Prime Capital had failed to fund numerous loans promised to earlier clients; failed to return tens of millions of dollars in ICA payments to earlier clients once those loans did not materialize; and had been sued multiple times by clients alleging fraud and seeking the return of ICA payments.

On or about December 22, 2023, Roglieri, on behalf of Prime Commercial, signed a Deposit Agreement by which he agreed to keep the Minnesota company’s ICA payment in a “separate and distinct” bank account, and to hold it as a “trust fund.”

On December 22, the Minnesota company wire transferred a $5 million ICA payment to a Prime Capital account controlled by Roglieri. The complaint alleges that Roglieri then transferred and spent these funds, including by transferring $950,000 in order to meet a financial obligation to another Prime Capital client; paying $84,000 for his purchase of a Rolex day-date 36 mm yellow gold diamond bezel watch; and paying $101,000 to a private jet services company, for round-trip, private air travel between Albany International Airport and Anguilla, for a family vacation that Roglieri took from about December 29, 2023 to January 5, 2024. 

The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted of the charge set forth in the complaint, Roglieri faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Roglieri appeared today in Albany before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a detention hearing scheduled for Monday, June 3 at 3 p.m.

The FBI is conducting this ongoing investigation. Assistant U.S. Attorneys Joshua R. Rosenthal and Michael Barnett are prosecuting this case.

SYRACUSE, NEW YORK – Dupray Jordan, 34, of Binghamton, was sentenced yesterday to serve 97 months in federal prison for possessing fentanyl and methamphetamine with intent to distribute, possessing a firearm in furtherance of drug trafficking, and possessing a firearm and ammunition as a convicted felon, announced United States Attorney Carla B. Freedman, Bryan Miller, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Sergeant Daniel VanWie of the Broome County Special Investigations Unit Task Force (BCSIUTF).

In pleading guilty previously, Jordan admitted that he possessed for distribution methamphetamine and fentanyl, as well as a loaded .38 caliber revolver in a Binghamton apartment on November 12, 2021.  Jordan threw the gun to the ground as police entered to execute a search warrant at the apartment on that date. The defendant was at that time a convicted felon, having previously been convicted in New York state court of Assault in the Second Degree.

Dupray Jordan was also sentenced yesterday to serve a post-incarceration term of supervised release of 3 years following his release from federal prison. 

This case was investigated by the Broome County Special Investigations Unit Task Force, (consisting of members of the City of Binghamton Police Department, the Broome County Sheriff’s Department, and the Johnson City Police Department), the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the United States Postal Inspection Service. The Broome County Metro SWAT Team assisted in the execution of the search warrant.

Assistant U.S. Attorney Richard Southwick prosecuted this case as 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.

SYRACUSE, NEW YORK – Willie Alvarado, Jr., age 33, of Utica, New York, pled guilty yesterday to attempted possession with intent to distribute over 500 grams of cocaine, and money laundering.

United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA) New York Division made the announcement.

In pleading guilty, Alvarado admitted that, as early as October 2022, he began using the United States Postal Service to receive drug parcels from Puerto Rico.  In May of 2023, law enforcement intercepted a package shipped from Puerto Rico and intended for Alvarado which contained two kilograms of cocaine.  Alvarado intended to distribute the cocaine upon receipt of the package.  Alvarado further admitted that, in September of 2023, he used another individual to launder at least $9,940 of his drug proceeds in an attempt to hide the true source of that money.

At sentencing, Alvarado will face a mandatory minimum of 5 years and a maximum of 40 years in federal prison, a fine of up to $5,000,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The U.S. Drug Enforcement Administration (DEA), Internal Revenue Service Criminal Investigation (IRS-CI), and United States Postal Inspection Service are investigating the case with assistance from the New York State Police, Utica Police Department, Oneida County Sheriff’s Office, Onondaga County Sheriff’s Office, Syracuse Police Department, U.S. Immigration and Customs and Enforcement, and Onondaga County District Attorney’s Office. Assistant U.S. Attorney Jessica N. Carbone is prosecuting the case.

ALBANY, NEW YORK – Jaliyl McMillan, age 33, of Troy, New York, was arraigned today on an indictment charging him with mail fraud, wire fraud and aggravated identity theft.

The announcement was made by United States Attorney Carla B. Freedman; Homeland Security Investigations (HSI) Special Agent in Charge Matthew Scarpino of the Buffalo Field Office; U.S. Department of Labor, Office of Inspector General, Northeast Region (USDOL-OIG) Special Agent in Charge Jonathan Mellone; U.S. Postal Inspection Service (USPIS), Boston Division Postal Inspector in Charge Ketty Larco-Ward; and New York State Inspector General (NYSIG) Lucy Lang.

McMillan was arraigned today in Albany, before United States Magistrate Judge Daniel J. Stewart, and ordered detained pending a detention hearing.

The indictment alleges that between July 2020 and August 2021, McMillan perpetrated a scheme to fraudulently obtain unemployment insurance benefits from the New York State Department of Labor using stolen identities.  This scheme caused the electronic transfer of funds between states as well as the mailing of debit cards to an address McMillan directed.  To execute the scheme, McMillan possessed individuals’ names, dates of birth, and social security numbers.

The mail and wire fraud charges filed against McMillan carry a maximum term of 20 years in prison; a fine of up to $250,000; and a term of supervised release of up to 3 years.  If convicted of the aggravated identity theft charges, McMillan would face an additional 2-year-term of incarceration which must, by law, run consecutively to any term imposed on the fraud charges.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

HSI, USDOL-OIG, USPIS and NYSIG are investigating the case.  Assistant U.S. Attorney Jonathan S. Reiner is prosecuting the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

SYRACUSE, NEW YORK – Nathan Hotchkiss, age 36, of Lewis County, New York, was sentenced today to serve 30 years imprisonment and lifetime post-release supervision for two counts of sexual exploitation of a child. United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of United States Homeland Security Investigations (HSI) Buffalo, New York Field Office made the announcement. 

As part of Hotchkiss’s previously entered guilty plea, he admitted that, from at least October 2021 through August 2022, he sexually exploited two children under the age of five and livestreamed or distributed depictions of the sexual abuse online for cash. When Hotchkiss was arrested in August 2022, he also had a collection of child pornography he had obtained on the Internet or through social media message exchanges with others.

In addition to the imprisonment and supervised release terms, Hotchkiss was ordered to pay a total of $18,000 in restitution to his victims and to forfeit the electronic devices he used to commit the offenses. Hotchkiss also will be required to register as a sex offender upon his release from prison.

Homeland Security Investigations (HSI) investigated the case with the assistance of the New York State Police and the Lewis County District Attorney’s Office as part of Project Safe Childhood. Assistant United States Attorney Michael D. Gadarian prosecuted the case.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state, and local resources to better locates, 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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Drew Caswell, age 26, of Cairo, New York, pled guilty today to receipt, distribution, and possession of child pornography.  United States Attorney Carla B. Freedman, Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police (NYSP) Superintendent Steven G. James, made the announcement. 

Caswell admitted that he used file-hosting service Mega to download child pornography and then distributed multiple image and video files of child pornography by publicly posting them on Twitter (now known as X).  Caswell also admitted that, on August 7, 2023, he possessed child pornography on his cell phone, including nearly 300 images and videos of toddlers and infants being sexually abused. 

Caswell will be sentenced on September 24, 2024, by United States District Judge Anne M. Nardacci.  Caswell faces at least 5 years and up to 20 years in prison, a post-imprisonment term of supervised release of between 5 years and life, a fine of up to $250,000, restitution to the victims, and forfeiture of the phone Caswell used to commit these offenses.  A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the United States Sentencing Guidelines, and other factors. Caswell will also be required to register as a sex offender upon his release from prison.

The FBI and its Child Exploitation Task Force—which includes members of federal, state, and local law enforcement agencies, including Troop F of the New York State Police and its Computer Crimes Unit—investigated the case. Assistant U.S. Attorney Mikayla Espinosa is prosecuting the case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Norbert Morgan, age 54, of Glens Falls, New York, pled guilty last week to distribution of child pornography and possession of child pornography while under post-release supervision for prior child exploitation offenses. United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Homeland Security Investigations (HSI), Buffalo Field Office, made the announcement.

Morgan pled guilty on May 24. According to the plea agreement and documents previously filed in the case, Morgan is a registered sex offender in the State of New York, stemming from his 2006 convictions in the Northern District of New York for sexual exploitation of a minor and possession of child pornography.  Morgan admitted that between February and August 2023, he used social networking applications on the internet to distribute numerous videos and images of child pornography.  During a search of his apartment, federal agents seized a tablet that contained over 600 images of child pornography. 

Morgan was arrested on August 30, 2023, after a complaint was filed in federal court. He has been detained since that date.  Morgan also admitted to violating the terms of his supervised release on his prior convictions by committing the new offenses.  He is scheduled to be sentenced on the new offenses and his violation of supervised release before United States District Judge Anne M. Nardacci on September 19, 2024.

Morgan faces at least 15 years and up to 40 years in prison on his guilty plea and an additional term of up to 2 years in prison on his violation of supervised release.  He also faces a fine of up to $250,000 and a supervised release term of at least 5 years and up to life.  Morgan may also be ordered to pay restitution to the victims of his offenses and forfeit the device used in the offenses.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Morgan would also have to register as a sex offender upon his release from prison. 

HSI investigated this case.  Assistant United States Attorney Benjamin S. Clark is prosecuting this case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal 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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Michael J. Frascatore, age 59, of Treadwell, New York, was sentenced today to 18 months’ imprisonment after previously pleading guilty to failing to register and update his registration as a sex offender, and to violating the terms of his supervised release for a prior sex offense conviction. United States Attorney Carla B. Freedman and United States Marshal David L. McNulty made the announcement.

In pleading guilty previously, Frascatore admitted that he was designated as a Level I sex offender in New York after he was convicted in federal court in 2008 for distributing child pornography. Frascatore knew that as a registered sex offender he was required to report, among other things, all email addresses he used. Despite this requirement, he created an email address in April 2019, using his own name and home address, which he maintained for approximately four years without disclosing as required under the Sex Offender Registration and Notification Act (SORNA). Frascatore was on supervised release at the time of this offense, and he also did not disclose his email address to U.S. Probation. In addition to pleading guilty to violating SORNA, Frascatore admitted that he violated the terms of his supervised release by using an unauthorized, internet-capable phone; maintaining the undisclosed email account; and knowingly communicating with minors online, including by sending explicit photos of himself to minors and requesting nude photos in return.

Frascatore’s sentence includes 8 months’ imprisonment on the new criminal charge followed by a consecutive term of 10 months’ imprisonment on the supervised release violation. Frascatore will also serve 10 years on supervised release as part of his sentence.

The United States Marshals Service investigated this case, which is being prosecuted by Assistant United States Attorney Michael F. Perry as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Brandon Bartley, age 26, of Albany, pled guilty today to drug and gun crimes in connection with his trafficking of large amounts of fentanyl, cocaine and methamphetamine, and his possession of more than 30 firearms.

United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, and Bryan Miller, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), made the announcement.

Bartley pled guilty to conspiracy to distribute and possess with intent to distribute cocaine, methamphetamine, and fentanyl; possession with intent to distribute cocaine, methamphetamine and fentanyl; and possession of firearms in furtherance of drug trafficking crimes.

Bartley admitted that he engaged in a conspiracy to distribute, and that he possessed with intent to distribute, cocaine, methamphetamine, and fentanyl, from his apartment on Western Avenue in Albany. On May 23, 2023, law enforcement searched his apartment and found 34 firearms, including a loaded Glock on his bed that he used to protect his drugs and drug proceeds, and other firearms, as well as more than 400 grams of fentanyl pills, more than 7,000 grams of pills containing methamphetamine, and more than 700 grams of cocaine.

Sentencing is scheduled for September 12, 2024, before United States District Judge Anne M. Nardacci. Bartley faces at least 15 years and up to life in prison, a fine of up to $10 million, and a supervised release term of at least 5 years and up to life, to begin he finishes his prison term. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The following defendants have been charged in connection with this investigation:

• Anthony Luizzi pled guilty to drug and gun crimes on March 18, 2024, and is scheduled to be sentenced on July 16, 2024.

• Jabree Jones was charged with a violation of the terms of his federal supervised release on May 23, 2023, and has been detained pending the resolution of the supervised release violation petition.

• Devon Newsome was charged by criminal complaint on December 11, 2023, with a firearms trafficking-related offense, and has been released with conditions.

The charges against Jones and Newsome are merely accusations. Both defendants are presumed innocent unless and until proven guilty.

The DEA and the ATF are investigating the case, with assistance from the Saratoga County Sheriff’s Office, the United States Postal Inspection Service, the U.S. Department of Labor, Office of Inspector General, and the Henry County Police Department in Georgia. Assistant U.S. Attorney Alexander Wentworth-Ping is prosecuting the case.

UTICA, NEW YORK – Thomas Wright, age 63, of Moriah Center, New York, was sentenced today to serve 120 months (10 years) in federal prison following his earlier plea of guilty to possessing child pornography.  United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI) made the announcement. 

In his previous guilty plea Wright admitted that while on supervised release for a 2014 federal conviction for distribution, receipt, and possession of child pornography, he possessed 29,712 images and 276 videos of child pornography on an unauthorized smart phone.  The crime was discovered during an unannounced home visit by his supervising federal probation officers.

The National Center for Missing and Exploited Children identified 4,835 of the images and 55 of the recovered video files as depicting 197 separate children whose images are in their database of known victims. 

In addition to the 10-year sentence, Wright was sentenced to a consecutive 12-month term of imprisonment for violating the conditions of his supervised release from his prior offense.  Wright was also ordered to pay a total of $81,000 in restitution to victims depicted in the child pornography he possessed.  He was ordered to forfeit the smart phone used to commit the offense and will be placed on 25 years of supervised release following his term of imprisonment. Wright will continue to be required to register as a sex offender.

This case was investigated by the Federal Bureau of Investigation’s Mid-State Child Exploitation Task Force.  Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, prosecuted the case.

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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

SYRACUSE, NEW YORK – Loretta Washington, 59, of Binghamton, New York, was arraigned today on a federal indictment charging her with 38 counts of social security fraud, United States Attorney Carla B. Freedman and Bradley Parker, Acting Special Agent in Charge of the Social Security Administration Office of Inspector General (SSA-OIG), New York Field Office announced.

According to the indictment, Washington had applied for and was receiving the social security benefits for a minor as her representative-payee. A representative-payee is a person or organization selected by the SSA to receive benefits on behalf of a beneficiary who is unable to manage their payments. Washington is accused of stealing over $25,000 in social security benefits intended for a minor between October 2018 and November 2021.

The charges filed against Washington carry a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The Social Security Administration-Office of Inspector General (SSA-OIG) is investigating the case and Special Assistant U.S. Attorney Paul Tuck is prosecuting the case.

ALBANY, NEW YORK – Asjid Parvez, age 38, of Albany, was sentenced today to 18 months in prison for stealing nearly $1 million in federal funds from a program that helped struggling farmers pay off their loans.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

In 2022, the Inflation Reduction Act authorized the United States Department of Agriculture’s Farm Service Agency (FSA) to financially assist certain distressed borrowers who had fallen behind on repaying their federally guaranteed farm loans. Parvez was one such borrower, having defaulted on a loan that he had used to purchase a Maryland chicken farm in 2014.

In previously pleading guilty, Parvez admitted that in May 2023, the FSA sent him a United States Treasury check in the amount of $972,564.61. Parvez knew that he needed to use these funds to pay off the federally guaranteed farm loan on which he had defaulted. But instead, he stole the money, and used the funds to pay personal expenses and to fund real estate investments. Parvez stole the money by opening a bank account in the name of his lender; depositing the Treasury check – which was jointly payable to the defendant and the lender – into that account; and then quickly transferring the Treasury funds to other accounts that he controlled.

United States District Judge Anne M. Nardacci also ordered Parvez to serve 3 years of post-imprisonment supervised release and pay $972,564.61 in restitution to the FSA.

The FBI has already seized $516,974.54 traceable to the federal funds that Parvez stole, and the U.S. Attorney’s Office’s Asset Recovery Unit has filed a civil action seeking the forfeiture of a residential property in Albany that was purchased using approximately $202,675 in stolen funds.

The FBI investigated this case, with assistance from the United States Department of Agriculture Office of Inspector General.

Assistant U.S. Attorney Michael Barnett prosecuted this case, and Assistant U.S. Attorney Elizabeth Conger is representing the United States in the asset forfeiture action.

ALBANY, NEW YORK – Sean Patrick, age 45, of Watervliet, New York, pled guilty today to dealing firearms without a license. 

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Patrick admitted that between June 2021 and November 2022, he built and sold four non-serialized, semi-automatic pistols without being licensed to do so, filling out any paperwork, or paying any taxes in connection with the sales.  On November 10, 2022, federal agents executed a search warrant on Patrick’s residence in Watervliet, and recovered four more privately manufactured, non-serialized, semi-automatic pistols, another semi-automatic pistol with an obliterated serial number, assorted gun kits and fabrication tools, and over a thousand rounds of ammunition of various calibers.

Sentencing is scheduled for September 19, 2024, before Senior United States District Judge Lawrence E. Khan.  Patrick faces a maximum term of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The FBI and its Capital District Safe Streets Gang Task Force — which includes members of federal, state, and local law enforcement agencies, including the Colonie and Watervliet Police Departments — investigated the case.  Assistant U.S. Attorney Emmet O’Hanlon is prosecuting the case as part of Project Safe Neighborhoods (PSN).

PSN, the centerpiece of the Department of Justice’s violent crime reduction efforts, is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SYRACUSE, NEW YORK – Benjamin Munson, age 33, of Syracuse, was sentenced today to serve 720 months (60 years) in federal prison following his earlier plea of guilty to a 13-Count Indictment charging him with six counts of sexual exploitation of an infant, four counts of distributing child pornography, two counts of possessing child pornography, and one count of committing a felony offense against a minor as a registered sex offender.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI) made the announcement. 

In his previous guilty plea Munson admitted that while on supervised release for a 2010 federal conviction for distribution and possession of child pornography, and while required to register as a sex offender, he befriended another sex offender who allowed Munson to babysit the other offender’s infant daughter.  Munson admitted that on at least six separate occasions he sexually abused the infant, produced images and videos of the abuse, and uploaded the depictions to an internet trading group he administered. 

Of the over twenty child pornography trading groups Munson admitted to administering, the group to which he uploaded the images of the infant was exclusively dedicated to new content, and others on the site were required by Munson to also produce and upload new sexually explicit content of children in order to join. 

Munson’s crimes were discovered on the internet by FBI and Australian law enforcement authorities in August of 2022, and within days the FBI in Syracuse arrested Munson and rescued the infant.  Munson was found in possession of several unauthorized electronic devices on which he possessed 35,139 images and 4,918 videos of child pornography.  In addition to images and videos of the infant, the National Center for Missing and Exploited Children identified 12,526 of the images and 1,258 of the recovered video files as depicting 457 separate children whose images are in their database of known victims. 

In addition to the 60-year sentence, Munson was sentenced to a consecutive 2-year term of imprisonment for violating the conditions of his supervised release from his prior offense. 

Munson was also ordered to pay over $111,000 in restitution to the victims of his crimes, including the infant and the victims depicted in the other child pornography he possessed.  He was ordered to forfeit the electronic media used to commit the offenses and to pay a special assessment of $1,300.  Munson will be placed on supervision for the remainder of his life when released from prison, and will continue to be required to register as a sex offender.

This case was investigated by the Federal Bureau of Investigation’s Mid-State Child Exploitation Task Force and the New York State Police.  Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, prosecuted the case.

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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

SYRACUSE, NEW YORK – William Futrell, age 31, of Syracuse, pled guilty yesterday to ten counts of receipt of child pornography. United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office and New York State Police (NYSP) Superintendent Steven G. James made the announcement.

As part of his guilty plea, Futrell admitted that he used SnapChat to communicate with minors from across the country. In some instances, Futrell would offer to pay the minor children to entice them to send explicit images to him, but with no intention of ever paying them. On at least the 10 occasions charged, Futrell obtained, directly from minor children, images depicting the children engaged in sexually explicit conduct. Futrell is a registered sex offender with a previous conviction for possession of child pornography in New York.

The offenses to which Futrell pled guilty carry a mandatory minimum sentence of 15 years, with a maximum of 40 years imprisonment. If Chief United States District Judge Brenda K. Sannes accepts the parties’ agreed-upon disposition at sentencing on September 20, 2024, Futrell will receive an imprisonment term of 262 months. Futrell’s sentence must also include a post-imprisonment term of supervised release of between five years and life, a fine of up to $250,000.00, restitution to the victims, and he will be required to register as a sex offender upon his release from prison. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the United States Sentencing Guidelines, and other factors.

United States Homeland Security Investigations (HSI) led the investigation with the assistance of the New York State Police (NYSP) Internet Crimes Against Children Task Force, and the New York State Police (NYSP) Troop D Computer Crime Unit. Special Assistant U.S. Attorney Paul Tuck prosecuted Futrell as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

UTICA, NEW YORK – Jose Morales, age 31, of Utica, was sentenced yesterday to serve 120-months in federal prison for conspiring to distribute fentanyl,  and distribution and possession with intent to distribute fentanyl, announced United States Attorney Carla Freedman; Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.  Morales was also ordered to serve a 5-year term of supervised release following his sentence of imprisonment, pay a $200 special assessment and pay a $37,245 money judgment representing proceeds from the distribution of drugs. 

As part of his previous guilty plea, Morales admitted that from May 2020 through October 2021, he acquired quantities of fentanyl from co-conspirators in the Rodriguez Drug Trafficking Organization (Rodriguez DTO), which he then re-distributed to others in the Utica, New York area.  Morales admitted that during his participation in the conspiracy, the Rodriguez DTO distributed over 400 grams of fentanyl. 

Morales was one of nine defendants charged in the Rodriguez DTO. Seven other defendants pled guilty and were previously sentenced:

• Ivan Rodriguez, Sr., the head of the Rodriguez DTO, pled guilty to one count of conspiring to distribute fentanyl and distribution of fentanyl and money laundering and was sentenced to 121 months incarceration.
• Eric Ares pled guilty to conspiring to distribute fentanyl and one count of possession with the intent to distribute fentanyl and was sentenced to 120 months incarceration. 
• Ivan Rodriguez, Jr. pled guilty to conspiring to distribute fentanyl and was sentenced to 120 months incarceration.
• Jose Aponte pled guilty to conspiring to distribute fentanyl and one count of possession with the intent to distribute fentanyl and was sentenced to 40 months incarceration.
• Angel Calderon Ortiz pled guilty to conspiring distribute fentanyl and one count of possession with the intent to distribute fentanyl and was sentenced to 60 months incarceration.
• Edgar Tejada pled guilty to possession with the intent to distribute cocaine and possessing a firearm in furtherance of a drug trafficking crime, and was sentenced to 72 months incarceration.
• Harry Rodriguez pled guilty to two counts of possession with intent to distribute fentanyl, and was sentenced to 84 months incarceration.

On June 12, 2024, Bernabe Lopez, the last remaining defendant in the Rodriguez DTO, is scheduled to be sentenced in federal court in Utica.  Lopez previously pled guilty to conspiring to distribute fentanyl, and distribution of fentanyl.

This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF 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.

This case is being investigated by the U.S. Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigations (IRS-CI), United States Homeland Security Investigations (HSI), United States Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), the New York State Police, the Oneida County Sheriff’s Office, the Oneida County District Attorney’s Office, the Utica Police Department, the Syracuse Police Department, the Rome Police Department,  the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, New York Army National Guard Counter Drug Program, the Yorkville Police Department, and the Whitesboro Police Department, and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

SYRACUSE, NEW YORK – Thomas Collins, age 36, of Chittenango, New York, was sentenced yesterday to serve 10-years in federal prison for distributing and possessing numerous images and videos of child pornography announced United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge of United States Homeland Security Investigations (HSI), Buffalo Field Office, and New York State Police (NYSP) Superintendent Steven G. James.

As part of his prior guilty plea, Collins admitted that on several occasions in April of 2023, he distributed images and videos of child pornography to two undercover law enforcement officers via the same social networking application. Collins also admitted that on the day of his arrest, May 18, 2023, he possessed numerous images and videos of child pornography on several of his electronic devices.

United States District Judge David N. Hurd also sentenced Collins to serve a 10-year term of supervised release following his release from prison, at which time Collins will be required to register as a sex offender.

The case was investigated by United States Homeland Security Investigations (HSI), the New York State Police Internet Crimes Against Children Task Force, and the New York State Police Troop D Computer Crime Unit. Assistant U.S. Attorney Adrian LaRochelle prosecuted the case as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Sean O’Sullivan, age 61, of Sackets Harbor, New York, was sentenced yesterday in federal court in Utica to 2 years of Probation and ordered to pay $345,271.34 in restitution to the United States after previously pleading guilty to conspiracy to commit wire fraud in relation to government contracts and conspiracy to commit an offense against the United States by offering and giving gratuities to a former Fort Drum contracting officer.

The announcement was made by United States Attorney Carla B. Freedman; Brian J. Solecki, Acting Special Agent in Charge, Department of Defense Office of Inspector General Defense Criminal Investigative Service; Joel Kirch, Special Agent in Charge, U.S. Army Criminal Investigation Division, Northeast Field Office; Joseph Dattoria, Special Agent in Charge of the General Services Administration, Office of the Inspector General (GSA-OIG), Northeast Region Investigations Office; Christopher A. Scharf, Special Agent in Charge, Department of Transportation Office of Inspector General, Northeastern Region (DOT-OIG); and Amaleka McCall-Brathwaite, Special Agent-in-Charge, Eastern Regional Office, Small Business Administration, Office of Inspector General.

The wire fraud conspiracy related to government contracts O’Sullivan fraudulently obtained with his former business partner, David Rose, of Newport News, Virginia, which had been “set aside” solely for Service-Disabled Veteran-Owned Small Businesses (“SDVOSBs”). To be designated as an SDVOSB, a construction company must meet certain criteria, including that a military veteran with a disability rating incurred as a result of military service must own the majority of the business and personally manage and control its daily business operations. In pleading guilty previously, O’Sullivan admitted that he conspired with David Rose to defraud the United States by bidding for and obtaining contracts set aside for SDVOSBs, to which they knew they were not entitled. Specifically, O’Sullivan and Rose incorporated and became co-owners of a construction company named Sierra Delta Contracting, LLC. O’Sullivan controlled and managed Sierra Delta and bid on and obtained contracts primarily at Fort Drum in Watertown, New York. Although Rose is a service-disabled military veteran, O’Sullivan is not. However, O’Sullivan certified to federal agencies that Sierra Delta was an SDVOSB by representing, falsely, that Rose personally managed and controlled Sierra Delta’s day-to-day business operations. In reality, O’Sullivan, not Rose, controlled and managed Sierra Delta in Jefferson Country, New York, where it sought and received construction contracts, while Rose continued to live and work at a separate full-time job in Virginia. Rose, who had no construction experience, offered little to no input on the management of Sierra Delta.

Between May 2014 and July 2017, Sierra Delta bid on and received multiple construction contracts from the Army at Fort Drum, New York, and one construction contract from the U.S. Department of Transportation. All of the contracts were 100% set aside for SDVOSBs. Each time Sierra Delta received one of these set aside contracts to which it was not entitled, O’Sullivan hired SOS Inc. – his own construction company – as the primary subcontractor on the fraudulently obtained contracts, enabling O’Sullivan to retain the majority of the resulting profits. Sierra Delta received more than $3.3 million in gross revenue from these fraudulently obtained contracts, and O’Sullivan has admitted that he personally received $345,271.34 in profits from the scheme.

Even as O’Sullivan and Rose were continuing their conspiracy to obtain government contracts by fraud, two different government agencies challenged Sierra Delta’s SDVOSB status and questioned whether Rose actually managed the construction company on a day-to-day basis. In response, Rose falsely claimed that he “control[led] the long term and day to day operations of Sierra Delta Contracting LLC,” that he maintained Sierra Delta’s “main office” in Virginia, that he worked on Sierra Delta business 25 hours a week and that O’Sullivan dedicated substantially less time to Sierra Delta. Rose also falsely claimed that he was “responsible for all decisions regarding which projects will be bid on by [Sierra Delta]” and that he (Rose) was solely “responsible for all proposals, including pricing.” Rose and O’Sullivan both knew these statements were false.

Rose, O’Sullivan, and their businesses previously agreed to pay a total of $758,526.68 to the United States to resolve their civil liability for the submission of false claims to the federal government seeking payment on the fraudulently obtained contracts. O’Sullivan, Sierra Delta Contracting LLC, and SOS Inc. agreed to pay $690,542.68; and Rose agreed to pay $67,984. Rose also previously pled guilty for his role in the conspiracy and admitted that he received $33,992 in profits. Following his felony conviction for this offense, Rose was fined $2,000. As part of O’Sullivan’s sentence, United States District Judge David N. Hurd ordered O’Sullivan to pay $345,271.34 in restitution to the United States, which O’Sullivan has already paid through the related civil settlement.

O’Sullivan’s sentence yesterday also related to his prior guilty plea for conspiring to commit an offense against the United States by offering and giving gratuities to Cindy McAleese (nee Garnsey), a former civilian contracting officer at Fort Drum, from November 2009 through February 2018. With respect to that offense, O’Sullivan admitted that he promised and provided things of value to McAleese, including sports tickets, meals, sexual encounters, and time and attention, for and because of official action taken by McAleese on O’Sullivan’s behalf, such as providing O’Sullivan’s company with government contracts, approving payment on those contracts, and reviewing the work performed by Sierra Delta. O’Sullivan also admitted that he and McAleese took steps to keep their relationship a secret from other officials at Fort Drum and from O’Sullivan’s colleagues. McAleese has pled guilty for her role in the gratuities conspiracy but has not been sentenced, and she is no longer employed by the U.S. Army.

The investigation and resolution of these cases were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the Department of Defense Office of Inspector General Defense Criminal Investigative Service; U.S. Army Criminal Investigation Division; General Services Administration, Office of the Inspector General; U.S. Small Business Administration, Office of Inspector General; and Department of Transportation Office of Inspector General, Northeast Region. The criminal cases are being prosecuted by Assistant United States Attorney Michael Perry. The civil case was handled by Assistant United States Attorney Christopher R. Moran.

ALBANY, NEW YORK – Wu Feng Zhang, age 54, a Chinese citizen residing in the Town of Colonie, New York, was sentenced yesterday to 25 months in prison for transporting stolen property across state lines. United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

As part of his prior guilty plea, Zheng admitted that between June and December 2022, he stole merchandise from home improvement stores in various states, including in Pennsylvania, South Carolina, North Carolina, Georgia, Florida, and New York, and transported those stolen items to his residence in Colonie. On January 11, 2023, HSI searched his residence and found about $100,000 in merchandise stolen from home improvement stores.

Chief United States District Judge Brenda K. Sannes also imposed a 3-year term of post-imprisonment supervised release, ordered Zhang to pay $296,881.92 in restitution to the two home improvement store chains from which he stole, and ordered forfeiture of $3,257.76 seized from two bank accounts.

HSI, with assistance from Colonie Police Department, the Albany County Sheriff’s Office, and the Saratoga County Sheriff’s Office, investigated this case. Assistant U.S. Attorney Alexander Wentworth-Ping prosecuted the case.

ALBANY, NEW YORK – The U.S. Secret Service has seized a web domain used in a recent cryptocurrency confidence crime known as “pig butchering.”

United States Attorney Carla B. Freedman; William Mancino, Special Agent in Charge, Criminal Investigative Division of the U.S. Secret Service; and James Bensley, Resident Agent in Charge of the U.S. Secret Service’s Albany Resident Office, made the announcement.

In pig butchering schemes, scammers encounter victims through a variety of ways, including on dating applications and social media websites, and even random text messages masquerading as a wrong number. Scammers initiate relationships with victims and slowly gain their trust, eventually introducing the idea of making a business investment using cryptocurrency. Victims are then directed to other members of the scheme running fraudulent cryptocurrency investment platforms, where victims are persuaded to invest money. Once the money is sent to the fake investment application, the scammer vanishes, taking all the money with them, often resulting in significant losses for the victim.

According to court records, between about August 2022 and July 2023, scammers induced a Warren County victim to wire monies to the now-seized domain OKEX-NFT.net.  The scammers — using the confidence-building techniques described above — convinced the victim that he/she was investing in a legitimate cryptocurrency opportunity. After the victim transferred investments into the deposit addresses that the scammers provided in connection with the seized domain name, the victim’s funds were immediately transferred through numerous bank accounts in an effort to conceal the source of the funds. In total, the victim lost over $341,000.

Assistant U.S. Attorneys Elizabeth Conger and Rick Belliss represented the U.S. Attorney’s Office in this matter.

Related court documents and information are located on the online docket for the United States District Court for the Northern District of New York (available via www.pacer.gov), by searching for Case No. 24-MJ-00038 (DJS).  

If you believe you are a victim of this type of scheme, please contact [email protected] or IC3.gov to file a report. Please provide detailed information in your report, including any purported investment websites visited, telephone numbers, email accounts, and social media profiles used by scammers, and any cryptocurrency addresses, transaction hashes, and dates of transactions. Your responses are voluntary. Based on the information provided, you may be contacted by the Secret Service or another law enforcement agency and asked to provide additional information.

This case is part of the Department of Justice’s Elder Justice Initiative. The mission of the Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s older adults. Anyone with information about allegations of attempted fraud involving elders can call the National Elder Fraud Hotline at 1-833-372-8311.

SYRACUSE, NEW YORK –In honor of National Police Week, U.S. Attorney for the Northern District of New York Carla Freedman recognizes the service and sacrifice of federal, state, local, and tribal law enforcement officers. The week will be observed Saturday, May 11 through Friday, May 17, 2024.

“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland.  “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most.  Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them.  The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”

“Police Week provides time to reflect on the difficult, dangerous, and absolutely vital work that federal, state, local, and tribal law enforcement officers do 24-hours a day, 365-days a year. They serve to make us safe and free despite the inherent risks they face when they report for duty,” said Carla Freedman, United States Attorney for the Northern District of New York. “This year we especially acknowledge their courage and sacrifice as we still grieve the deaths of Syracuse Police Officer Michael Jensen and Onondaga County Sheriff’s Lieutenant Michael Hoosock, who died on April 14th exchanging fire with a gunman in Salina, New York. Their loss reminds us that upholding the law, protecting our communities, and seeking justice are not abstract ideals, but real things that the men and women of law enforcement dedicate themselves to every day and night.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe.

On Monday, May 13, the names of more than 280 officers killed in the line of duty in 2024 who have been added to the wall at the National Law Enforcement Officers Memorial were read during a Candlelight Vigil. To view a recording of the livestream of this event, visit https://nleomf.org/memorial/programs/national-police-week-2024/candlelight-vigil/.

To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.

ALBANY, NEW YORK – Omar Mera-Marquez, age 46, of Medford, New York, was convicted today following a jury trial of transportation of illegal aliens for financial gain. United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.

The trial evidence demonstrated that on October 3, 2023, Mera-Marquez and an accomplice, Jose Calva-Cruz, agreed to drive from Long Island to Fort Covington, New York, near the U.S.-Canadian border, to pick up three men from Mexico who had recently crossed into the United States illegally, in exchange for $1,500. At 3 a.m. on October 4, 2023, Mera-Marquez and Calva-Cruz arrived at the pickup location, which was a motel parking lot just a mile from the border. Mera-Marquez, who was driving a dark SUV with Kansas license plates, stopped in the parking lot just long enough for the three men to run up to the vehicle and jump in. All of this was observed by an agent from U.S. Border Patrol, who was watching the parking lot that evening. Border Patrol agents pulled over the vehicle and everyone was arrested. Calva-Cruz previously pled guilty for his role in the offense and was subsequently deported.

The charge for which Mera-Marquez was convicted today carries a maximum term of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The defendant will be sentenced on September 17, 2024, by United States District Judge Mae A. D’Agostino, who presided over the trial.

United States Border Patrol investigated the case, and Assistant U.S. Attorneys Michael F. Perry and Melissa O. Rothbart are prosecuting the case.

ALBANY, NEW YORK – Deborah Budhraj, age 52, and her husband Adesh Budhraj, age 54, of Ballston Lake, New York, were sentenced today to time served, to be followed by 2 years of supervised release, for conspiring with each other to defraud loan programs meant for businesses struggling with the financial effects of the coronavirus pandemic.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Senior United States District Judge Lawrence E. Kahn also ordered the defendants to each pay a $5,000 fine, and to pay $558,514 in restitution to the U.S. Small Business Administration (SBA) (which they paid prior to sentencing).

Deborah and Adesh Budhraj had co-owned a combination restaurant, bar and nightclub in Schenectady, New York (called “Establishment A” in court documents).  In February 2020, they contractually agreed to sell this business to another couple (“Couple A”), and received most of the purchase money – $265,720 – from Couple A the following month.  Although the sale was not finalized until August 2021, Couple A became the managers of Establishment A as of about March 2020, and assumed day-to-day responsibility for its payroll and other ordinary expenses, such as lease and utilities payments.

In previously pleading guilty, Deborah and Adesh Budhraj admitted that without Couple A’s knowledge, they applied for two Paycheck Protection Program (PPP) loans issued by banks and one Economic Injury Disaster Loan (EIDL) issued by the SBA, between April 2020 and June 2021; the loans totaled $558,514 and were meant to support Establishment A and its employees during the pandemic.

Deborah and Adesh Budhraj each admitted that they never had any intention of using the loans for Establishment A’s expenses, and to instead using the loaned funds for impermissible purposes, including on real estate transactions and personal expenses.  Deborah also fraudulently obtained forgiveness of the two PPP loans by falsely certifying that the loaned funds were spent in accordance with PPP rules.

The FBI investigated this case and Assistant U.S. Attorney Michael Barnett prosecuted this case. 

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

ALBANY, NEW YORK – Kyle Offringa, age 33, of Caledonia, Michigan, and Highway and Heavy Parts, LLC (“HHP”), a heavy-duty diesel parts supplier headquartered in Coleman, Michigan, were recently indicted by a grand jury in the Northern District of New York for conspiracy to violate the Clean Air Act (“CAA”)   United States Attorney Carla B. Freedman and Tyler Amon, Special Agent in Charge of the United States Environmental Protection Agency (“EPA”)’s Criminal Investigations Division (“CID”), Northeast Area Branch, made the announcement.  

According to the indictment, between at least June 5, 2017 and March 27, 2019, HHP and Offringa conspired with a diesel truck operator in Fultonville, New York, and others, to remove, delete and tamper with monitoring devices on heavy-duty diesel trucks required to be maintained by the CAA and EPA regulations. 

Pursuant to the CAA, the EPA enacted regulations that require heavy-duty diesel engine manufacturers to limit emissions on those engines.  To comply with these regulations, manufacturers install hardware components, including filters, exhaust recirculation systems and exhaust aftertreatment systems.  Heavy-duty diesel trucks are also required under the CAA to maintain an onboard-diagnostic system (“OBD”), which monitors the functionality of the hardware emissions control components.  If the OBD detects that an emissions control component is not working, or has been removed, it will ultimately put the truck into what is known as “limp mode,” which limits the top speed to as low as 5 miles per hour.  This is designed to incentivize truck operators to repair any faulty components.

As alleged in the indictment, truck operators deleted the emissions control hardware on their heavy-duty diesel trucks, which significantly increased pollution emitted by those trucks but allowed them to run at higher horsepower, with greater fuel efficiency, and with reduced maintenance cost.  To help truck operators who had deleted emissions hardware, HHP charged its customers a fee for the services of Offringa, who reprogrammed the OBDs on vehicles so they would not detect that the components had been tampered with.  HHP was paid between $1,250 and $1,750 for each truck reprogrammed by Offringa – who then received a substantial portion of that payment from HHP. 

The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

HHP was arraigned Friday in Albany before United States Magistrate Judge Christian F. Hummel.  Offringa is scheduled to be arraigned May 15. 

Two alleged coconspirators, Patrick Oare and DAIM Logistics, Inc. of Fultonville, previously pled guilty to violating the CAA and are scheduled to be sentenced by United States District Judge Mae A. D’Agostino in Albany on June 21, 2024.

The charge filed against Offringa carries a maximum term of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  The charge filed against HHP carries a fine of up to $500,000 and a term of probation of up to 5 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

EPA CID is investigating the case, with the assistance of the Federal Bureau of Investigation and the New York State Department of Environmental Conservation Police.  Assistant United States Attorney Benjamin S. Clark is prosecuting the case.

ALBANY, NEW YORK – Zachary Cota, age 31, of Castleton-on-Hudson, New York, pled guilty today to receiving child pornography and agreed to be sentenced to at least 262 months in prison.  United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Cota admitted that he used SnapChat to solicit three children to send him nude photos.  After an 8-year-old and a 13-year-old provided the requested photos, Cota threatened to reveal what they had done, in an effort to obtain more child pornography from them.  At the time of these crimes, Cota was on probation for a course of sexual conduct against a child.  When his probation officer asked to see Cota’s phone, Cota locked himself in a bathroom and began deleting its contents.  A search of Cota’s phone revealed an additional 900 images of child pornography, including screenshots of a video chat between Cota and a naked child. 

When United States District Judge Anne M. Nardacci imposes sentence on September 6, 2024, Cota faces a term of imprisonment of at least 262 months and up to 327 months, a fine of up to $250,000, and a life term of supervised release. He has also agreed to forfeit the phone he used to commit the crimes. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Cota must also register as a sex offender upon his release from prison.

The FBI and its Child Exploitation Task Force—which includes members of federal, state, and local law enforcement agencies, including the Rotterdam, Troy, and Colonie Police Departments and the New York State Police—investigated the case, which Assistant U.S. Attorney Jonathan S. Reiner is prosecuting as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Andrew Edick, age 37, of Mohawk, New York, was indicted yesterday for the sexual exploitation of two minors, and for the transportation and possession of child pornography.  United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Homeland Security Investigations (HSI), Buffalo, New York Field Office, made the announcement.

According to the indictment and documents previously filed in the case, between August and October 2022, Edick allegedly used two children, born in 2009 and 2013, to engage in sexually explicit conduct for the purpose of creating child pornography.  Edick is also charged with committing these offenses while he was required to register as a sex offender. The grand jury also indicted Edick for transportation of child pornography after he allegedly shared, via the internet, images he created of the 9-year-old victim, as well as possession of numerous images and videos of child pornography.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Edick was arrested on May 18, 2023, after a complaint was filed in federal court alleging his sexual exploitation of the 9-year-old.  He has been detained since that date.  He is scheduled to be arraigned on the indictment at a future date. 

If convicted of all charges, Edick faces at least 35 years and up to life in prison, a fine of up to $250,000, and a supervised release term of at least 5 years and up to life.  Edick may also be ordered to pay restitution to the victims of his offenses and forfeit the device used in the offenses.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Edick would also have to register as a sex offender upon his release from prison. 

HSI is investigating this case with assistance from the New York State Police.  Assistant United States Attorney Benjamin S. Clark is prosecuting this case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal 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 https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Louis LaPolla, age 78, of Utica, New York, pled guilty today in federal court in Syracuse to mail fraud for soliciting and then stealing donations intended for a scholarship fund in his late wife’s name. United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), announced the guilty plea.

In pleading guilty, LaPolla admitted that he set up a scholarship fund in honor of his late wife, Andrea LaPolla, after she passed away in 2018, with the stated intention of benefitting Utica City School District students who planned to pursue post-secondary education in health-related fields. LaPolla further admitted that he received nearly $40,000 in donations intended for the scholarship fund from individuals and businesses and that he spent nearly all the donated money on himself rather than depositing it into the scholarship fund. LaPolla served as the mayor of Utica from 1984 to 1995, and he served as President of the Utica City School Board from 2018 to 2022, following 21 years of service as a member of the board.

LaPolla will be sentenced on September 10, 2024, by United States District Judge Glenn T. Suddaby. The charges filed against LaPolla carry a maximum sentence of 20 years in prison, a fine of up to $1.5 million, and a term of supervised release of up to 3 years. The defendant will also be required to pay restitution in the amount of $38,616. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Earlier this year, LaPolla pled guilty in Oneida County Court to a misdemeanor petit larceny charge after admitting that he used envelopes, stamps, and mailing labels belonging to the Utica City School District to send out fundraising flyers relating to the scholarship. In that case, LaPolla was sentenced to 60 days of house arrest, 3 years of probation, and ordered to pay $3,100 in restitution.

The FBI is investigating the case with assistance from the New York State Police and the Oneida County District Attorney’s Office. Assistant U.S. Attorney Michael F. Perry is prosecuting the case.

ALBANY, NEW YORK –Jamaine Myers, age 46, of Troy, New York, pled guilty yesterday to conspiring to defraud the New York State Department of Labor (NYSDOL) by obtaining unemployment insurance benefits under the name of another person, including benefits funded by the federal government in response to the COVID-19 pandemic.

The announcement was made by United States Attorney Carla B. Freedman; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Jonathan Mellone, Special Agent in Charge, North East Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG).

Myers admitted that he provided Carl J. DiVeglia III with the personal identifying information of a third party, which DiVeglia used to file a false claim via the NYSDOL website.  DiVeglia previously pled guilty to fraudulently obtaining $1.6 million in unemployment insurance benefits as part of the scheme.  Charges against one of Myers’s co-defendants, Todd Ward, are still pending. The other two co-defendants, Christopher Ward and Rocco Resciniti, previously pled guilty.

Myers faces a maximum of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when he is sentenced on September 12, 2024, by United States District Judge Glenn T. Suddaby. 

The FBI and USDOL-OIG are investigating this case, with assistance from the NYSDOL Office of Special Investigations. Assistant U.S. Attorneys Joseph S. Hartunian and Joshua R. Rosenthal are prosecuting the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

SYRACUSE, NEW YORK – Jamall Harris, age 45, of Syracuse, pled guilty today to possession of methamphetamine and fentanyl with intent to distribute.  United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.

As part of his plea, Harris admitted that, on November 8, 2023, he possessed in his home and car over one kilogram of methamphetamine and a quantity of fentanyl, which he intended to distribute.  He further admitted that, before he committed this offense, he had previously been convicted in United States District Court for the Northern District of New York of Conspiracy to Possess Heroin with the intent to distribute.

Sentencing is scheduled for September 10, 2024, in Syracuse, at which time Harris faces a maximum prison sentence of 30 years, a fine of up to $2,000,000, and a term of supervised release of at least 6 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The United States Drug Enforcement Administration (DEA) is investigating the case with assistance from the United States Probation Office. Assistant U.S. Attorney Jessica N. Carbone is prosecuting the case.

ALBANY, NEW YORK – Eric Ross, age 36, of Chicago, Illinois, was sentenced yesterday to 15 years in prison for attempting to entice and coerce a 12-year-old child into sexual activity and for distributing and possessing child pornography.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

As part of his previously entered guilty plea, Ross admitted that between October 22, 2021, and November 6, 2021, he sent sexually explicit text messages to someone he believed was an adult offering the sexual services of a 12-year-old girl, and to someone he believed was the 12-year-old girl, in an attempt to entice the child into engaging in sexual acts with him. During the same period, Ross also admitted that he distributed child pornography via an internet-based messaging application. Ross admitted that on November 6, 2021, he traveled to a hotel in Colonie, New York, with the intent to engage in sexual acts with the 12-year-old girl. Ross was arrested by law enforcement shortly after arriving at the location and was found in possession of child pornography at the time of his arrest.

United States District Judge Mae A. D’Agostino also imposed a 25-year term of post-imprisonment supervised release, ordered Ross to pay $3,000 in restitution to a victim whose images he possessed, and ordered him to forfeit the device that contained the child pornography. Ross will be required to register as a sex offender after his release from prison.

This case was investigated by the FBI Child Exploitation Task Force, comprised of FBI Special Agents, and state and local police investigators, including from the New York State Police and the Colonie Police Department. Assistant U.S. Attorney Joseph S. Hartunian prosecuted this case as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Jevon Henry, age 42, of the Bronx, New York, pled guilty today to possession of cocaine with the intent to distribute.  United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.

As part of his plea, Henry admitted that, on January 29, 2024, he travelled to Syracuse from New York City carrying approximately five and one-half kilograms of cocaine in two pieces of luggage.  Henry also admitted that he intended to distribute the cocaine in Syracuse.  Through investigation, DEA Agents were able to interdict Henry at a local hotel before he could distribute any of the cocaine.

Sentencing is scheduled for September 10, 2024, in Syracuse, at which time Henry faces a mandatory minimum prison sentence of 5 years and a maximum sentence of 40 years, a fine of up to $5,000,000, and a term of supervised release of at least 4 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The United States Drug Enforcement Administration (DEA) is investigating the case with assistance from the Syracuse Police Department, Onondaga County Sheriff’s Office, and Onondaga County District Attorney’s Office. Assistant U.S. Attorney Jessica N. Carbone is prosecuting the case.

ALBANY, NEW YORK – Stephen Brisee a/k/a Sage Brisee, age 30, of Albany, was indicted earlier this week for distributing, receiving and possessing child pornography.

United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Homeland Security Investigations (HSI), Buffalo, New York Field Office, made the announcement.

A criminal complaint, previously filed in this case, alleges that Brisee distributed videos depicting adults sexually abusing girls as young as infants. The charges in the indictment and complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted on all charges, Brisee faces at least 15 years and up to 40 years in prison; a fine of up to $250,000; and a term of supervised release of at least 5 years and up to life. Brisee may also be ordered to forfeit the devices used to commit the crimes, and to pay restitution to victims. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Brisee would also be required to register as a sex offender upon release from prison.

Brisee has been ordered detained pending trial.

HSI is investigating the case.  Assistant U.S. Attorney Jonathan S. Reiner is prosecuting the case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

ALBANY, NEW YORK – John T. Cox, age 62, of Schenectady, New York, was sentenced today to 2 years of probation, including 180 days of home confinement, for mail fraud and stealing money from a federally funded governmental agency.

United States Attorney Carla B. Freedman; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Ryan T. Geach, Special Agent in Charge of the Department of Justice Office of the Inspector General (DOJ OIG) Northeast Region, made the announcement.

As part of his previously entered guilty plea, Cox admitted that between June 2017 and February 2023, while employed as a Budget Analyst in the Albany County Sheriff’s Office (ACSO), he stole $122,251.25 by issuing 16 fraudulent checks drawn on funds in the care of the ACSO, an agency that received more than $10,000 in federal funding each year during this time period.

Cox used the checks to pay himself directly or to pay down his line of credit.  Cox then tried to cover up his fraud by falsifying ACSO records to suggest that the funds were being used for legitimate purposes such as vehicle and equipment purchases. Cox stole some of the money from a Department of Justice program in which the federal government shares the proceeds of federal asset forfeitures with state and local law enforcement agencies.

United States District Judge Mae A. D’Agostino also imposed a $5,500 fine and ordered Cox to pay $122,251.25 in restitution to the ACSO.

The FBI, DOJ OIG, and ACSO investigated the case with valuable assistance from the Money Laundering and Asset Recovery Section of the Department of Justice’s Criminal Division.  Assistant U.S. Attorney Joshua R. Rosenthal prosecuted the case.

ALBANY, NEW YORK – Robert J. Seifert, Jr., age 65, of Troy, New York, was indicted today on a charge that he grabbed the breast and groin of a paramedic at the Albany Stratton Veterans Affairs Medical Center (VAMC).

United States Attorney Carla B. Freedman and Christopher Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs Office of Inspector General, made the announcement.

The charge in the indictment is merely an accusation.  The defendant is presumed innocent unless and until proven guilty.

The charge filed against Seifert carries a maximum term of 2 years in prison, a fine of up to $250,000, and a term of supervised release up to 1 year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Seifert appeared in Albany before United States Magistrate Judge Christian F. Hummel on April 9, 2024, upon being charged by criminal complaint.  Seifert has conditionally waived his right to a detention hearing and is detained pending further proceedings. 

This case is being investigated by the United States Department of Veterans Affairs Office of Inspector General and the Veterans Affairs Police Service at the Albany VAMC. Assistant U.S. Attorney Joshua R. Rosenthal is prosecuting the case.

ALBANY, NEW YORK – Atniel Pagan, age 24, of Catskill, New York, was sentenced today to 84 months in prison for possessing and intending to distribute cocaine and cocaine base, and for possessing firearms in furtherance of a drug trafficking crime.

The announcement was made by United States Attorney Carla B. Freedman; David L. McNulty, United States Marshal for the Northern District of New York; Bryan Miller, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Albany Police Chief Eric Hawkins.

When he pled guilty in this case, Pagan admitted to possessing, at an apartment in Albany, 225 grams of cocaine and 22 grams of cocaine base that he intended to sell.  Pagan, a previously convicted felon, further admitted to possessing a loaded, privately manufactured, semi-automatic, AR-style rifle, and a loaded privately manufactured, semi-automatic pistol (a/k/a “ghost guns”), in order to guard against the potential theft of his drugs and drug money.  Pagan was arrested at his apartment by the Deputy U.S. Marshals executing a state arrest warrant.

United States District Judge Anne M. Nardacci also ordered that Pagan forfeit the guns and $738 seized from his apartment, pay a $5,000 fine, and serve a 4-year term of supervised release following his release from prison.

This case was investigated by the U.S. Marshals Service and the Albany Police with assistance provided by ATF and the Greene County District Attorney’s Office.  Assistant U.S. Attorney Emmet O’Hanlon prosecuted this case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBANY, NEW YORK – Onisha Smith, age 41, of Brooklyn, New York, pled guilty today to conspiring to distribute marijuana and money laundering.

United States Attorney Carla B. Freedman; Bryan Miller, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; Troy Police Chief Daniel DeWolf; and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

Smith admitted that she was a member of a marijuana and THC trafficking organization that shipped thousands of kilograms of marijuana and THC from Fresno, California, to locations throughout the United States, including New York City and the Capital Region, between 2017 and June 2022.  She also admitted to laundering marijuana proceeds for the organization.

The packages of marijuana were shipped through UPS and FedEx from a shipping store in Fresno, Fast Pack & Ship, by Dwight A. Singletary II, aka “Nutt” and “Mike Jones,” and McKenzie Merrialice Coles, aka “Kenzie.”  Smith received the packages of marijuana at, among other locations, her apartment and a neighboring apartment in Brooklyn; her brother, Lateek White, also received packages of marijuana at his residence in Brooklyn.  In total, Smith and White received 71 packages containing approximately 294 kilograms, or 648 pounds, of marijuana.

Smith also laundered marijuana proceeds for the organization by purchasing cashier’s checks with cash marijuana proceeds for Singletary; depositing cash marijuana proceeds into her bank accounts and transferring the money to Singletary; and receiving payment for marijuana and transferring it to Singletary.

Smith faces up to 20 years in prison on each of the two counts to which she pled guilty, conspiring to distribute marijuana and conspiring to commit money laundering; fines of up to $1 million and $500,000, respectively, on each count; and a term of supervised release of between 3years and life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Smith was charged in an indictment with Singletary, Coles, White and 20 other people charging marijuana distribution and money laundering conspiracies, firearms offenses, and other crimes.  Singletary and Coles have pled not guilty and are presumed innocent unless and until proven guilty.  The charges in the indictment are merely accusations. 

In addition to Smith, White and seven other defendants, Rosemary Coles, Latrice Mumphrey, Sammy Olague, Victor Turner, Kristle Walker, Ruby Ledesma, and Jazell Shuler, previously pled guilty and are pending sentencing. 

The ATF, DEA, Troy Police Department and HSI are investigating the case. Assistant U.S. Attorneys Cyrus P.W. Rieck and Dustin C. Segovia are prosecuting the case.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

ALBANY, NEW YORK – Shair Rodriguez-Mora, age 20, and a citizen of Mexico, pled guilty on Friday, May 3 to possession of child pornography.

United States Attorney Carla B. Freedman; Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office; and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.

Rodriguez-Mora admitted to possessing 27 videos and 46 images depicting minors engaged in sexually explicit conduct on his cell phone when he illegally entered the United States from Canada on July 28, 2023.  Border Patrol arrested Rodriguez-Mora illegally entering the United States and during that investigation, discovered the child pornography on his phone. Rodriguez-Mora previously pled guilty to improper entry by an alien and was sentenced to 25 days in jail for that offense.

Rodriguez-Mora will be sentenced on September 6, 2024, by Chief United States District Judge Brenda K. Sannes.  Under the terms of Rodriguez-Mora’s plea agreement, the parties have jointly recommended that Rodriguez-Mora receive a prison term of between 24 and 36 months.   Rodriguez-Mora also faces a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. He must also register as a sex offender upon his release from prison, and also faces removal from the United States.

HSI and Border Patrol investigated this case. Assistant U.S. Attorney Douglas Collyer is prosecuting the case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Isaiah Lafoe, age 26, of Lancaster, New Hampshire, was sentenced today to 180 months (15 years) in prison for receiving child pornography. United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Lafoe previously pled guilty and admitted that on September 30, 2020, and between October 5, 2020, and February 15, 2021, he communicated with a girl in Troy, New York, and coerced her into sending him, via social media applications over the internet, images and videos depicting the child engaged in sexually explicit conduct. Lafoe received these images and videos on his cell phone.

United States District Judge Mae A. D’Agostino also imposed a 25-year term of post-imprisonment supervised release and ordered Lafoe to pay $3,000 in restitution to the victim. Lafoe will also be required to register as a sex offender after his release from prison.

This case was investigated by the FBI Child Exploitation Task Force, comprised of FBI Special Agents, and state and local police investigators, including from the New York State Police and the Colonie Police Department. The Troy Police Department also provided assistance. Assistant U.S. Attorney Alexander Wentworth-Ping prosecuted the case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

ALBANY, NEW YORK – Samuel Payano, age 24, of Amsterdam, New York, pled guilty today to engaging in a drug trafficking conspiracy involving fentanyl pills, cocaine, and methamphetamine, to distributing fentanyl pills, and to using a firearm during or in relation to a drug trafficking crime.

United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, and Bryan Miller, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), made the announcement.

Payano admitted that from May 2022 to December 2022, he conspired with Bernardo Tovar to distribute counterfeit oxycodone pills containing fentanyl, as well as cocaine and methamphetamine. Payano also admitted distributing fentanyl pills and a firearm to another person on October 12, 2022. He also admitted that he and his Tovar possessed fentanyl pills, cocaine, and methamphetamine, as well two firearms in their apartment, on December 7, 2022, when their apartment was searched.

Payano will be sentenced in Syracuse on September 6, 2024, by Chief United States District Judge Brenda K. Sannes. Payano faces at least 10 years and up to life in prison, a fine of up to $5 million, and a term of post-imprisonment supervised release of at least 4 years and up to life.   A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Payano’s co-conspirator, Tovar, previously pled guilty and was sentenced to 181 months in prison.

The DEA and ATF investigated this case. Assistant United States Attorney Alexander P. Wentworth-Ping is prosecuting the case.

UTICA, NEW YORK – Joseph Lastrina, age 38, of Norwalk, Connecticut, pled guilty today to conspiring to distribute methamphetamine. 

As part of the same investigation, Thaddeus Price, age 47, of Albany, and Robert Sanger, age 59, of Rensselaer, New York, previously pled guilty to distributing methamphetamine and possessing methamphetamine with the intent to distribute it, respectively. 

United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.

The charges to which the three men pled guilty carry a maximum term of 20 years in prison; a fine of up to $1 million; and a term of supervised release of at least 3 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Lastrina admitted to directing both Sanger and Price to complete drug deals that he arranged in November 2022 in the Capital Region.  Those transactions collectively involved 177 grams of pure methamphetamine.  A search warrant executed at Sanger’s home led to the recovery of an additional 217 grams of pure methamphetamine in May 2023. 

The DEA is investigating the case, which Assistant U.S. Attorneys Jonathan S. Reiner and Ashlyn Miranda are prosecuting.

SYRACUSE, NEW YORK –Ivan Rodriguez, Jr., age 29, of Utica, New York, was sentenced yesterday to serve 120 months in federal prison for conspiring to possess with intent to distribute fentanyl and to distribute fentanyl announced United States Attorney Carla Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division and Thomas Fattorusso, Executive Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.  Rodriguez was also ordered to serve a 5-year term of supervised release following his term of imprisonment, pay a $200 special assessment and a $75,000 money judgment representing profits he earned as part of the drug conspiracy. 

Ivan Rodriguez, Jr. is the son of Ivan Rodriguez, Sr., the head of the Rodriguez drug trafficking organization, an organization that distributed heroin, fentanyl and cocaine throughout the Utica, New York area.  As part of his guilty plea Rodriguez, Jr. admitted that from at least June 2021 through October 2021, he conspired with Ivan Rodriguez, Eric Ares, Jose Aponte, Jose Morales, Bernabe Lopez, Angel Calderon Ortiz, Harry Rodriguez, Jr. and others to possess with the intent to distribute and to distribute fentanyl and a mixture of fentanyl/heroin in and around Oneida County and elsewhere.  Rodriguez, Jr. admitted that he, together with his father and Eric Ares arranged for the purchase, pickup and delivery of 3 kilograms of fentanyl and a mixture of fentanyl/heroin from a source of supply, which he and others acting on his behalf, re-distributed in the Utica, New York area.  Rodriguez, Jr. also admitted to distributing a quantity of fentanyl to a co-conspirator. 

This case was investigated by the United States Drug Enforcement Administration (DEA), the United States Internal Revenue Service-Criminal Investigations (IRS-CI), the New York State Police, the Oneida County Sheriff’s Office, the Oneida County District Attorney’s Office, the City of Utica Police Department, the City of Syracuse Police Department, the City of Rome Police Department, United States Homeland Security Investigations (HSI), United States Immigration and Customs Enforcement and Removal Operations (ICE), the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, the New York Army National Guard Counter Drug Program, the Village of Yorkville Police Department, and the Village of Whitesboro Police Department, and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

SYRACUSE, NEW YORK –Eric Ares, age 38, of Utica, New York, was sentenced today to serve 120 months in federal prison for conspiring to possess with intent to distribute fentanyl and to distribute fentanyl, and possession with the intent to distribute fentanyl, announced United States Attorney Carla Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division and Thomas Fattorusso, Executive Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.  Ares was also ordered to serve a 5-year term of supervised release following his term of imprisonment and pay a $200 special assessment. The Court also imposed a $150,000 money judgment. 

As part of his guilty plea, Ares admitted that from May 2020 through October 2021, he, together with his co-conspirators in the Rodriguez drug trafficking organization, possessed with intent to distribute and distributed fentanyl in the Utica, New York area.  Ares admitted to making numerous trips to the New York City area to purchase fentanyl, which he then drove back to the Utica area where he and others distributed it.  Ares admitted that on September 20, 2021, he drove to the New York City area and received 3 kilograms of fentanyl for distribution. Law enforcement officers stopped the vehicle Ares was driving and recovered 3 kilograms of fentanyl hidden inside a speaker in the trunk. 

This case is being investigated by the United States Drug Enforcement Administration (DEA), the United States Internal Revenue Service-Criminal Investigations (IRS-CI), the New York State Police, the Oneida County Sheriff’s Office, the Oneida County District Attorney’s Office, the City of Utica Police Department, the City of Syracuse Police Department, the City of Rome Police Department, United States Homeland Security Investigations (HSI), United States Immigration and Customs Enforcement and Removal Operations (ICE), the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, the New York Army National Guard Counter Drug Program, the Village of Yorkville Police Department, and the Village of Whitesboro Police Department, and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – United States Attorney Carla B. Freedman and New York State Attorney General Letitia James announced today that nearly $6.3 million in restitution has been collected and distributed to the victims of Richard J. Sherwood and Thomas K. Lagan, who were sentenced to both federal and state prison for stealing approximately $11.8 million from the estates of three deceased sisters.

Nearly $5 million of the restitution came from criminally derived assets that were forfeited to the United States, and then approved by the Department of Justice to be directly applied to victim restitution.  Of the funds restored to the victims, $3,559,426.90 was forfeited by Sherwood and $1,391,322.08 was forfeited by Lagan.

The victims, which have received restitution distributions, include churches, Ukrainian-American civic organizations, a local hospital and a local university scholarship fund. The United States Attorney’s Office’s Asset Recovery Unit is still working to recover the remainder of the restitution owed, approximately $5.5 million.

United States Attorney Carla B. Freedman stated: “This substantial recovery is the result of our efforts to make sure that crime does not pay. We will continue to use every available tool to enforce restitution judgments against Sherwood and Lagan and return as much money as possible to the victims of their fraudulent scheme.”

New York State Attorney General Letitia James stated: “New Yorkers should be able to trust that their financial advisors and attorneys are looking out for their best interests—not stealing their hard-earned money. Sherwood and Lagan defrauded a well-meaning family, and in the process, cheated local nonprofit organizations out of funds intended to support their missions. Thank you to U.S. Attorney Freedman for her partnership in rooting out fraud and stopping individuals who abuse the system.”

Lagan of Cooperstown, New York, was an investment advisor and attorney, and Sherwood of Guilderland, New York, was an attorney who served as Guilderland Town Justice, and practiced primarily in trusts and estates. 

Starting in 2006, Sherwood and Lagan provided estate planning and related legal services to Capital Region philanthropists Warren and Pauline Bruggeman, and to Pauline’s sister, Anne Urban, all of Niskayuna, New York.  They were advising the Bruggemans when, in 2006, the Bruggemans signed wills directing that all their assets go to churches, civic organizations, a local hospital, and a local university scholarship fund, aside from bequests to Urban and Julia Rentz, Pauline’s sisters.

Warren Bruggeman died in April 2009, and Pauline died in August 2011.  At the time of her death, Pauline had personal and trust assets valued at approximately $20 million.  In each pleading guilty, Sherwood and Lagan admitted that they conspired to steal, and did steal, millions of dollars from Pauline Bruggeman’s estate as well as from the estate of Urban, who died in 2013.  Their conspiracy included the diversion and transfer to themselves of several million dollars belonging to Rentz, a resident of Ohio, who was suffering from dementia at the time of the thefts and died in 2013.

Sherwood and Lagan each admitted that they induced Urban to create a trust whose purpose, unknown to her, was to allow them to transfer Bruggeman/Urban assets to themselves.  They also set up more than ten bank accounts, and created a limited liability company (Empire Capital Trust, LLC), to first conceal the theft of the money and then transfer the money to themselves.

The co-conspirators admitted that they stole $11,831,563, with Lagan admitting that that nearly $6.3 million was transferred outright to him.  Sherwood admitted that nearly $3.6 million was transferred to him, with an additional $1.96 million transferred to Empire Capital Trust, LLC, an entity controlled by the co-conspirators.  Sherwood also admitted that he transferred to himself the Bruggeman family camp located on Galway Lake, in Saratoga County.

In December 2019, Sherwood was sentenced to 54 months in federal prison, and to also serve 3 to 9 years in state prison. That same month, Lagan was sentenced to 78 months in federal prison and to also serve 4 to 12 years in state prison.

From prison, and notwithstanding his prior guilty pleas in federal and state court, Lagan then objected in New York State Surrogate’s Court to a petition filed by the New York Attorney General’s Office’s Charities Bureau to restore the appropriate trusts created by Anne Urban (before Lagan and Sherwood defrauded her). The Surrogate’s Court ultimately rejected Lagan’s challenge and granted summary judgment to the Charities Bureau, a decision that was affirmed on appeal. Assistant Attorney General Jennifer Allinson represented the Charities Bureau in the Surrogate’s Court case.

Assistant U.S. Attorneys Elizabeth Conger and Melissa Rothbart represent the United States on the asset forfeiture and restitution matters in this case, with assistance from the Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section.

This case is part of the Department of Justice’s Elder Justice Initiative. The mission of the Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s older adults. Anyone with information about allegations of attempted fraud involving elders can call the National Elder Fraud Hotline at 1-833-372-8311.

ALBANY, NEW YORK – Andrew Williams, age 38, of Rensselaer, New York, pled guilty today to illegally possessing a rifle as a previously convicted felon.

United States Attorney Carla B. Freedman and Bryan Miller, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), made the announcement.

Williams admitted that on May 2, 2023, he possessed the rifle and 15 other firearms, as well as ammunition, at his residence in Rensselaer.  A prior felony conviction for burglary in the third degree prevented Williams from legally possessing the firearms and ammunition. 

Williams will be sentenced on September 4, 2024, by United States District Judge Mae A. D’Agostino.  Williams faces up to 15 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.   A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by ATF and the East Greenbush Police Department, with the assistance of the Rensselaer County District Attorney’s Office.  Assistant U.S. Attorneys Emmet O’Hanlon and Mikayla Espinosa are prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBANY, NEW YORK – Christopher Barry, age 42, of Saratoga Springs, New York, pled guilty today to receiving child pornography.

United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

Barry admitted that between June 2021 and January 2022, he received child pornography, including images of prepubescent minors, and possessed two phones on February 9, 2023, containing child pornography.

Barry will be sentenced on August 27, 2024, by United States District Judge Anne M. Nardacci. Barry faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. The court may also impose a fine, restitution, and forfeiture of the phones Barry used to commit his offenses. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Barry must also register as a sex offender upon his release from prison.

HSI investigated this case. Assistant U.S. Attorney Alexander P. Wentworth-Ping is prosecuting this case as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Stuart Chambers, age 44, of Watertown, New York, pled guilty yesterday to attempted possession of methamphetamine and cocaine with intent to distribute.  United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.

As part of his guilty plea yesterday, Chambers admitted that, on January 30, 2024, he travelled to Syracuse from Watertown to purchase one pound of methamphetamine and nine ounces of cocaine, which he intended to distribute. Chambers was arrested as part of a drug interdiction operation conducted by DEA and other law enforcement agencies.  He further admitted that, before he committed this offense, he had previously been convicted in federal court in the Middle District of Pennsylvania of possessing controlled substances with the intent to distribute.

Sentencing is scheduled for August 20, 2024, in Syracuse, at which time Chambers faces a mandatory minimum federal prison sentence of 10 years and a maximum sentence of life, a fine of up to $8,000,000, and a term of supervised release of at least 8 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The United States Drug Enforcement Administration (DEA) is investigating the case with assistance from Pennsylvania State Police, Metro-Jefferson Drug Task Force, and the New York State Police-Special Investigations Unit - Syracuse. Assistant U.S. Attorney Jessica N. Carbone is prosecuting the case.

ALBANY, NEW YORK – William De La Rosa, age 29, of New York, New York, pled guilty yesterday to possessing with intent to distribute one kilogram of cocaine.

United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.

De La Rosa admitted to driving to a hotel in Amsterdam, New York, on January 25, 2024, where he planned to distribute one kilogram of cocaine to another person.  When he arrived, law enforcement searched his vehicle and discovered the cocaine.  

De La Rosa faces at least 5 years and up to 40 years in prison, a fine of up to $5 million, and a term of post-release supervision of between 4 years and life, when United States District Judge Anne M. Nardacci sentences him on August 16, 2024. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The DEA and the Johnstown Police Department investigated the case. Assistant U.S. Attorney Mikayla Espinosa is prosecuting the case.

ALBANY, NEW YORK – Victor Barriera, age 63, of the Bronx, New York, pled guilty yesterday to his role in a bank fraud conspiracy that targeted credit unions all over the country since at least December 2021. United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Barriera admitted that between at least December 2021 and April 2023, he was a member of a bank fraud conspiracy that targeted credit unions insured by the National Credit Union Share Insurance Fund.  Many of the credit unions were members of a shared branching network, which allowed customers of member credit unions to withdraw funds from their accounts at other member credit unions by presenting an identification with their photograph, their account number, and the last four digits of their Social Security number.  The network was designed to allow customers of localized credit unions easier access to their accounts when traveling throughout the country.  Barriera admitted that the conspirators exploited this network by creating fake identifications in the names of real credit union customers, but with photographs of other individuals, including Barriera, who conducted fraudulent transactions at shared branch member credit unions all over the country in exchange for drugs or a small portion of the stolen funds.

Barriera pled guilty to conspiracy to commit bank fraud.  In total, Barriera, admitted to successfully withdrawing at least $148,352 and attempting to fraudulently obtain an additional $15,000 while working as a member of the conspiracy.

When Barriera is sentenced by United States District Judge Mae A. D’Agostino on August 22, 2024, he faces up to 30 years in prison, a term of supervised release of up to 5 years, and a fine of up to $1 million.  Barriera will also be ordered to pay restitution to the victims of his crimes in the amount of $148,352.  Barriera has also agreed to forfeit $10,000 in U.S. currency seized by Cohoes Police Department in May 2022 when Barriera was arrested with codefendants David Daniyan and Gaysha Kennedy after being caught attempting to defraud a local credit union. 

The following defendants still have charges pending in this case:

• Oluwaseun Adekoya, age 38, of New Jersey, is charged with one count of conspiracy to commit bank fraud and two counts of aggravated identity theft;

• David Daniyan, age 59, of Brooklyn, New York, is charged with one count of conspiracy to commit bank fraud and two counts of aggravated identity theft;

• Gaysha Kennedy, age 45, of Brooklyn, is charged with one count of conspiracy to commit bank fraud;

• Danielle Cappetti, age 45, of the Bronx, is charged with conspiracy to commit bank fraud and two counts of aggravated identity theft;

• Lesley Lucchese, age 53, of Brooklyn, is charged with conspiracy to commit bank fraud and two counts of aggravated identity theft;

• Jerjuan Joyner, age 49, of Brooklyn, is charged with conspiracy to commit bank fraud;

• Akeem Balogun, 53, of Brooklyn, is charged with conspiracy to commit bank fraud.

The charges in the indictment are merely accusations. These defendants are presumed innocent unless and until proven guilty.

The bank fraud conspiracy charges carry a maximum term of 30 years’ incarceration and each aggravated identity theft charge carries a mandatory term of 2 years, to be imposed consecutive to any prison term imposed on the bank fraud charge. 

FBI Albany is investigating the case, with assistance from the FBI Field Offices in New York and Newark, and Resident Agencies in Westchester, New York; Garrett Mountain, New Jersey; and Fort Walton Beach, Florida.  Additional assistance was provided by other law enforcement agencies, including Immigration and Customs Enforcement – Enforcement & Removal Operations (New York Field Office & Albany sub-office); U.S. Department of State Diplomatic Security Service (Buffalo Field Office & St. Albans Resident Office); U.S. Social Security Administration – Office of the Inspector General, the New York State Police; Cohoes Police Department; Colonie Police Department; Elmira Police Department; Corning Police Department; Plattsburgh Police Department; Florida law enforcement agencies including the Okaloosa County Sheriff’s Office and Escambia County Sheriff’s Office; law enforcement agencies in New Hampshire, including the Rochester Police Department, Manchester Police Department, Amherst Police Department; the Norwich, CT Police Department; law enforcement agencies in Massachusetts, including the Springfield, MA Police Department; the Pennsylvania State Police; the Delaware State Police; and law enforcement agencies in Maryland, including the Harford County Sheriff’s Office and Baltimore County Sheriff’s Office.

Assistant United States Attorney Benjamin S. Clark is prosecuting this case.