Northern District of New York

ALBANY, NEW YORK – Angelo Dalmau, age 54, of Amsterdam, New York, pled guilty today to distributing cocaine base (a/k/a crack cocaine) in the Amsterdam area between September 2021 and March 2022.  Dalmau also admitted to money laundering and possessing a pistol in furtherance of drug trafficking.

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 Thomas Fattorusso, Executive Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office, made the announcement.

Dalmau admitted to selling a total of about 250 grams of crack cocaine to another person on five occasions between September 2021 and March 2022.  Dalmau further admitted to delivering $149,500 in drug trafficking proceeds to another person in January 2022 for the purpose of laundering those funds.  When investigators searched Dalmau’s residence pursuant to a warrant on April 14, 2022, they recovered approximately 100 grams of crack cocaine, drug paraphernalia, $191,843 in cash, and a pistol with ammunition.  Dalmau was arrested on that date has remained in custody since that time.

Dalmau will be sentenced on August 23, 2024, by United States District Judge Mae A. D’Agostino.  Under the terms of Dalmau’s plea agreement, the parties have jointly recommended that Dalmau receive a prison term of 93 months.   Dalmau also faces 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 statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The DEA, IRS and Amsterdam Police Department investigated the case.  Assistant U.S. Attorneys Dustin Segovia and Emmet O’Hanlon are prosecuting the case.

SYRACUSE, NEW YORK – Rasheed Mingues, age 44, a resident of New York City staying in the Utica, New York, area, pled guilty on Friday to possession of controlled substances with the intent to distribute them and possession of a firearm as a convicted felon.  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.

Mingues admitted that, between April and October 2022, he sold over 100 grams of methamphetamine and over 30 grams of fentanyl in the Utica, New York area. He also admitted that on December 9, 2022, he possessed over 700 grams of fentanyl, over 700 grams of methamphetamine, and over 100 grams of cocaine with the intent to distribute them, and that he possessed a loaded 9mm handgun in the same bag as the drugs.  Federal law prohibits Mingues from possessing the firearm as a result of a prior felony conviction. 

Sentencing is scheduled for August 23, 2024, in Syracuse, at which time Mingues faces a mandatory minimum prison sentence of 10 years and a maximum sentence of life, a fine of up to $10,000,000, 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 DEA and New York State Police are investigating the case with assistance from the Utica Police Department, Syracuse Police Department, Oneida County Sheriff’s Office, and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant U.S. Attorneys Jessica N. Carbone and Benjamin Gillis are prosecuting the case.

SYRACUSE, NEW YORK – Matthew R. Talamo, age 38, of New Haven, New York, was sentenced today in federal court in Syracuse to 4 years of probation and a $50,000.00 fine, after previously pleading guilty to conspiracy to violate the Clean Air Act related to his operation of Southern Diesel Truck Co. and Southern Diesel and Off-Road LLC (collectively “Southern Diesel”), in Oswego, New York. United States Attorney Carla B. Freedman and Tyler Amon, Special Agent in Charge of the EPA’s Criminal Investigation Division (EPA-CID) in New York, made the announcement.

In pleading guilty previously, Talamo admitted that he is the owner and operator of Southern Diesel, which specializes in buying and reselling diesel vehicles and performing after-market modifications to diesel vehicles, particularly pickup trucks. In pleading guilty, Talamo admitted that he conspired and agreed with others to violate the Clean Air Act at Southern Diesel by tampering with emission control monitoring devices and methods on diesel pickup trucks, including both software and hardware modifications. The illegal software modifications involved “tuning” or “deleting” the trucks by tampering with the “on board diagnostic” (OBD) systems and disabling emission controls, which allowed the trucks to emit substantially more pollutants into the atmosphere. Talamo and his employees also made hardware modifications to diesel vehicles, including by removing tailpipes, mufflers, and other exhaust components and replacing them with so-called straight pipes that lacked diesel particulate filters and other systems designed to reduce harmful emissions.

Between January 2018 and November 2022, Southern Diesel tampered with the emission control monitoring devices and systems of approximately 244 diesel vehicles, often charging thousands of dollars per vehicle for the modifications. Despite the harm to the environment, diesel vehicle owners sometimes seek such illegal modifications to avoid the costs of maintaining and repairing emission control components and to increase speed and fuel efficiency.

Chief U.S. District Judge Brenda K. Sannes, who presided over the case, ordered Talamo to complete 150 hours of community service during his term of probation and ordered him to abide by terms of a compliance program agreed to as part of his plea agreement, including that Southern Diesel is subject to inspection at any time for potential Clean Air Act violations.

EPA-CID investigated the case with assistance from the New York State Department of Environmental Conservation, and Assistant U.S. Attorney Michael F. Perry prosecuted the case.

SYRACUSE, NEW YORK – Jason P. Benedict, age 47, of Auburn, New York, pled guilty today in federal court in Syracuse to possessing a 20-gauge shotgun as a convicted felon, announced United States Attorney Carla B. Freedman,  Bryan DiGirolamo, Acting Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Frank A. Tarentino III, Special Agent in Charge of the United States Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea today, Benedict admitted that on January 21, 2023, he possessed and then transferred a Hawk Industries 20-gauge shotgun to another person in Syracuse. The shotgun (as well as drugs, cash, and drug paraphernalia) was seized by ATF and DEA during the execution of a search warrant at the other person’s Syracuse residence in June 2023.[1] A search of telephone text messages revealed that Benedict previously possessed and delivered the shotgun to the other person on January 21, 2023. Jason Benedict admitted in court today that he knew he was previously convicted in 2011 in Onondaga County Court of Criminal Sex Act in the Second Degree, a felony for which he was sentenced to serve five years in prison.

Sentencing is scheduled for August 23, 2024, in Syracuse, at which time Benedict faces a maximum sentence of 15-years imprisonment, a fine of up to $250,000.00, and a term of post-incarceration 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the United States Drug Enforcement Administration (DEA) are investigating the case. Assistant U.S. Attorney Richard Southwick is prosecuting the case.

[1] The other person is charged with federal firearms and drug felony offenses. His case is currently pending in federal court, and he is presumed innocent unless or until proven guilty.

SYRACUSE, NEW YORK – David P. VanHousen, age 54, formerly of Newark Valley, New York, was sentenced today to 160 months (13 years, 4 months) in federal prison for possession of child pornography, announced 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).

As part of his prior guilty plea, VanHousen admitted that, while civilly committed at the Central New York Psychiatric Center in Marcy, New York following several sex offense and child pornography-related convictions, VanHousen possessed numerous images and videos of child pornography on a contraband cellular telephone.

VanHousen was previously convicted in 2001 of Sexual Misconduct and Rape in the Third Degree in New York State court and Transportation of Child Pornography in federal court. 

United States District Judge Glenn T. Suddaby also sentenced VanHousen to serve a life term of supervised release following his release from prison, at which time VanHousen will also be required to register as a sex offender.

This case was investigated by the FBI Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (NYSP-BCI). The case was prosecuted by Assistant U.S. Attorneys Adrian S. LaRochelle and Jessica N. Carbone 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 – Javier Bachiller, age 32, of Syracuse, was sentenced today to serve 10 years in federal prison for his conviction for possessing with intent to distribute methamphetamine, announced 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.

As part of his previous guilty plea, Bachiller admitted that on October 19, 2023, he possessed with intent to distribute 500 grams or more of methamphetamine in a Syracuse garage he was renting.  At the time of his arrest, Bachiller also possessed quantities of cocaine, crack cocaine and heroin that he intended to distribute to others. 

United States District Judge David N. Hurd also sentenced Bachiller to serve a 5-year term of post-release supervision and ordered him to pay a $100 special assessment.

This case was investigated by the United States Drug Enforcement Administration (DEA), with assistance from the Onondaga County District Attorney’s Office, the Syracuse Police Department, the Onondaga County Sherriff’s Office, and the New York State Police and was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

SYRACUSE, NEW YORK – Tyler Ager, age 30, of Oswego County, New York, was sentenced today by United States District Judge Glenn T. Suddaby to serve 120 months in prison to be followed by 20 years of supervised release for possession of 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.

During his change of plea hearing in December 2023, Ager admitted that, in May 2023 and June 2023, he possessed child pornography on his phone and uploaded a child pornography file to a public website where adults chat with other adults. He also admitted that, in April 2021, he was convicted of sexual abuse in the second degree in Parish Town Court. His offense conduct in that case involved him having a 4-year-old minor touch his penis. He received a term of probation for his state offense, which he was serving when he committed the offense for which he was sentenced today.  Following his 120-month term of imprisonment, Ager will also be required to register as a sex offender.

This case was investigated by the FBI Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation. Assistant U.S. Attorney Michael D. Gadarian 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 – Brian Tierney a.k.a “Wodanaz,” age 30, of Lynchburg, Virginia, pled guilty today to conspiring to commit bank robbery. 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.

Tierney admitted that between November 14 and November 27, 2022, he agreed to and planned to commit an armed bank robbery at a branch in Johnstown, New York, with two co-conspirators, Michael Brown, Jr. a.k.a. “Russ,” and Luke Kenna a.k.a. “Lt.” As part of that conspiracy, Kenna conducted surveillance of the bank and purchased items, including weapons, to commit the robbery; Tierney ordered handgun parts for use in the robbery and sent photographs of a handgun and a radio scanning and jamming device for use in robbing the bank to Kenna; and Brown drove to New York to conduct surveillance of the bank with Kenna.

Brown pled guilty to conspiracy to commit bank robbery on June 23, 2023. Kenna pled guilty to conspiracy to commit bank robbery and possession of a firearm as a prohibited person on August 17, 2023. Kenna and Brown are both scheduled to be sentenced on June 14, 2024.

Sentencing for Tierney is scheduled for August 16, 2024, before Chief United States District Judge Brenda K. Sannes, when Tierney faces a maximum term of 5 years in prison, a fine of up to $250,000, and a post-imprisonment 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 Albany Field Office’s Joint Terrorism Task Force (JTTF), which includes FBI Special Agents, and federal, state, and local investigators, including from the New York State Police, investigated the case. The FBI’s Philadelphia Field Office, the FBI’s Richmond Field Office, and the New York State Police Special Investigations Unit also provided assistance. Assistant U.S. Attorney Alexander Wentworth-Ping is prosecuting the case.

ALBANY, NEW YORK – Bernardo Tovar, age 34, of Amsterdam, New York, was sentenced today to 181 months in prison for engaging in a drug trafficking conspiracy, for possessing with intent to distribute fentanyl pills, cocaine, and methamphetamine, and for possessing a firearm in furtherance of 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 John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) made the announcement.

As part of his prior guilty plea, Tovar admitted that from May 2022 to December 2022, he conspired to distribute counterfeit oxycodone pills containing fentanyl, as well as cocaine and methamphetamine. Tovar, who has a prior violent felony conviction for attempted robbery, also admitted to possessing fentanyl pills, cocaine, and methamphetamine, as well as a loaded handgun to protect his drugs and drug proceeds, on December 7, 2022, when law enforcement searched his apartment.

Chief United States District Judge Brenda K. Sannes also imposed an 8-year term of post-imprisonment supervised release.

Tovar’s alleged co-conspirator, Samuel Payano, was arrested on December 7, 2022, and charged with distribution and possession with intent to distribute a controlled substance (fentanyl). The charges against Payano remain pending and are merely accusations. The defendant is presumed innocent unless and until proven guilty.

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

ALBANY, NEW YORK – Antonio Vargas, age 58, of the Bronx, New York, was sentenced today to 42 months in prison for defrauding five Capital Region banks by using fake identifications to withdraw funds from accounts.

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.

Vargas previously pled guilty to bank fraud and aggravated identity theft charges.  He admitted that in June and July 2022, he presented to bank tellers counterfeit U.S. passport cards and driver’s licenses with his photograph, but with the names and other personal information of real customers of Trustco Bank, Pioneer Bank, Broadview Federal Credit Union, Adirondack Trust Bank and Saratoga National Bank and Trust Company. He fraudulently withdrew a total of $58,000 from the customers’ accounts in Albany, Rensselaer, Saratoga and Schenectady Counties. Vargas perpetrated the same fraudulent scheme in Louisiana and Connecticut before coming to New York.

Vargas was arrested by the Saratoga Springs Police Department on July 13, 2022, after he unsuccessfully attempted to withdraw funds from a Saratoga National Bank branch, and has remained in federal custody since then.

United States District Judge Mae A. D’Agostino also ordered that Vargas pay restitution to the banks in the amount of $58,000 and serve a 5-year term of supervised release following his release from prison.

HSI investigated this case with assistance from the U.S. Secret Service, Diplomatic Security Service, New York State Police, Bethlehem Police Department, North Greenbush Police Department, Rotterdam Police Department, Saratoga County Sheriff’s Office, Saratoga Springs Police Department and Scotia Police Department.  Assistant U.S. Attorney Emmet O’Hanlon prosecuted this case.

ALBANY, NEW YORK – Taykwun Smoaks, age 32, of Albany, was arraigned on Friday, April 12, on charges that he distributed, received, and possessed child pornography. United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office, and New York State Police (NYSP) Superintendent Steven G. James made the announcement.

The indictment filed against Smoaks alleges that, from February to March 2023, he distributed and received images and videos of child pornography over the internet, and that he possessed images of child pornography on his computer and external hard drive on April 5, 2023. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted of the charges, Smaoks faces at least 5 years and up to 20 years in prison, a maximum fine of $250,000, and a term of post-imprisonment 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.  Smoaks may also be ordered to pay restitution to the victims of his offenses and forfeit the devices used in the offenses. Smoaks would also have to register as a sex offender upon his release from prison.

Smoaks was arraigned on Friday in Albany, before United States Magistrate Judge Christian F. Hummel, and detained pending a detention hearing scheduled for tomorrow, April 16. A trial will be scheduled before United States District Judge Anne M. Nardacci.

HSI and NYSP are investigating the case. Assistant U.S. Attorney Alexander P. Wentworth-Ping is prosecuting the case.

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 – Wanda Gilpin, age 70, of Pulaski, New York, was arraigned today on a federal indictment charging her with six counts of bank fraud, two counts of misuse of a social security number, and one count of aggravated identity theft, 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, Gilpin is accused of applying for multiple credit cards and loans using the personal identification information—including the social security number—of other individuals, including her deceased husband. She executed this scheme to obtain lines of credit and loans with no intention of ever re-paying them.  Gilpin is accused of stealing thousands of dollars from several different financial institutions during the course of several years.

The bank fraud charges filed against Gilpin carry a maximum sentence of 30 years in prison and a fine of up to $1,000,000. The misuse of a social security number charges carry a maximum sentence of 5 years and a fine of up to $250,000. Gilpin is also subject to a mandatory sentence of two years in prison, for the aggravated identity theft count, to be served in addition to any punishment for any other charges of conviction. If convicted, Gilpin will also be subject to a term of supervised release of up to five years after her release from prison. 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 SSA-OIG is investigating the case and the case is being prosecuted by Assistant U.S. Attorney Adrian LaRochelle and Special Assistant U.S. Attorney Paul Tuck.

ALBANY, NEW YORK – Richard Nejame, age 29, of Schenectady, New York, pled guilty today to five counts of receiving and attempting to receive 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.

Nejame admitted that between about October 2022 and May 1, 2023, he communicated with several girls over social media applications, including Snapchat, while pretending to be a teenage boy.  During Nejame’s online communications with the minor females, he encouraged them to take nude pictures and videos of themselves, and to then send the pictures and videos to him.  Once in receipt of the nude pictures and videos of the minor females, Nejame directed the girls to take more sexually explicit pictures and videos of themselves, and to send those sexually explicit pictures and videos to him. He also threatened that if the girls did not comply with his demands, Nejame would embarrass and expose the girls by publishing their pictures and videos on the Internet. 

At sentencing on August 14, 2024, before United States District Judge Mae A. D’Agostino, Nejame faces at least 5 years and up to 20 years in prison.  The judge will also be required to impose a term of post-release supervision of at least 5 years and up to life.  The court may also impose a fine, restitution, and forfeiture of the phones and computers Nejame 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.  Nejame will also have to register as a sex offender upon his release from prison. 

The FBI investigated the case. Assistant U.S. Attorneys Rick Belliss and Benjamin S. Clark are 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 – Michael Kirkland, age 30, of Clifton Park, New York, was sentenced today to 10 years in prison for attempting to entice and coerce a 12-year-old child into sexual activity.

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, Kirkland admitted that on August 11, 2022, he exchanged sexually explicit text messages with someone he believed was an adult offering the sexual services of a 12-year old girl, in an attempt to entice the child into engaging in sexual acts with him.  Kirkland also admitted that on August 11, 2022, he traveled to a hotel in Saratoga County, New York, with the intent to engage in sexual acts with the 12-year-old girl.  Kirkland was arrested by law enforcement shortly after arriving at the location.

United States District Judge Anne M. Nardacci also imposed a 10-year term of post-imprisonment supervised release.  Kirkland will be required to register as a sex offender upon his release from prison.

The FBI’s Mid-State Child Exploitation Task Force and Capital Region Child Exploitation and Human Trafficking Task Force investigated the case. Each task force is comprised of FBI Special Agents, as well as state and local police investigators, including from the Saratoga County Sheriff’s Office.  Assistant U.S. Attorney Allen J. Vickey 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.

WASHINGTON – Patrick Dai, age 21, formerly a junior at Cornell University and originally from Pittsford, New York, pled guilty today to posting threats to kill or injure another person using interstate communications.

“This defendant is being held accountable for vile, abhorrent, antisemitic threats of violence levied against members of the Cornell University Jewish community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “In the elevated threat environment that we have seen since Oct. 7th, we have been vigilant and stand ready to hold perpetrators of hate crimes accountable. Antisemitic threats of violence are unacceptable in our society, and we will not tolerate this conduct. Particularly at institutions of higher learning, people should feel safe to pursue educational opportunities. The Justice Department takes seriously our obligation to protect students from hatred and harassment and will continue to use every tool available to ensure that students are able to feel safe and secure.”

“Patrick Dai used the internet to make horrific threats to kill and injure Jewish students attending Cornell University. The federal felony conviction he sustains today underscores that those who break the law by making violent threats will be found and prosecuted, even if they attempt to hide by posting anonymously,” said U.S. Attorney Carla Freedman for the Northern District of New York. “The rapid and coordinated investigation by the FBI, New York State Police and Cornell University Police led to Dai’s identification and arrest in a matter of days, bringing relief to both his classmates and the community he terrorized by his actions. His guilty plea today means he will be held accountable for his threats against members of his own Cornell University community.”   

“Patrick Dai’s disturbingly violent threats caused widespread panic and fear throughout Cornell University’s Jewish community,” said Special Agent in Charge Craig L. Tremaroli of the FBI Albany Field Office. “I want to commend our Joint Terrorism Task Force and our outstanding partners from New York State Police and Cornell University Police Department for their swift coordination in identifying and arresting Dai. The FBI will not tolerate any individual who terrorizes our communities and will work closely with our partners at the U.S. Attorney’s Office to ensure our college campuses remain a safe space for students to continue their education free of fear and hate.”

New York State Police Superintendent Steven G. James said, “New York takes pride in its’ diversity. Mr. Dai committed a heinous bias related crime, rooted in hate that is not welcome. We will not tolerate the illegal behavior brought on by these acts. I thank the United States Attorney’s Office and our partners in law enforcement for their collaboration in obstructing these crimes.”

Chief Anthony G. Bellamy, Cornell University Police said, “We are grateful for the diligent work of our law enforcement partners involved in the investigation and legal process. The swift response and investigative efforts illustrate the commitment of Cornell Police and the Division of Public Safety to keep our community safe from threats of targeted violence. We are thankful this matter has come to a just conclusion without further impact and hope this plea and conviction provide some comfort to the affected members of our community.”

As part of his guilty plea, Dai admitted that, on Oct. 28 and 29, 2023, he posted threatening messages to the Cornell section of an online discussion forum, including posts that said “gonna shoot up 104 west” (a dining hall at Cornell University that caters predominantly to Kosher diets and is next to the Cornell Jewish Center that provides residential accommodations for students) and “gonna bomb jewish house.” In another post, Dai threatened to “stab” and “slit the throat” of any Jewish man he saw on campus, to rape and throw off a cliff any Jewish women he saw, and to behead any Jewish babies. In that same post, Dai threatened to “bring an assault rifle to campus and shoot all you pig jews.”

A sentencing hearing is scheduled for Aug. 12, 2024 in Syracuse. Dai faces a maximum penalty of five years in prison, a fine of up to $250,000, restitution to victims and a maximum of three years of supervised release. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Joint Terrorism Task Force, which includes the New York State Police, is investigating this case, with assistance from the FBI Albany Field Office, Cornell University Police Department and Ithaca Police Department.

Assistant U.S. Attorneys Geoffrey J. L. Brown, Stephen C. Green and Michael D. Gadarian for the Northern District of New York are prosecuting the case, with assistance from the Justice Department’s National Security Division’s Counterterrorism Section and with assistance from the Civil Rights Division’s Criminal Section. 

Patrick Dai, 21, formerly a junior at Cornell University and originally from Pittsford, New York, pleaded guilty today to posting threats to kill or injure another person using interstate communications.

“This defendant is being held accountable for vile, abhorrent, antisemitic threats of violence levied against members of the Cornell University Jewish community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “In the elevated threat environment that we have seen since Oct. 7th, we have been vigilant and stand ready to hold perpetrators of hate crimes accountable. Antisemitic threats of violence are unacceptable in our society, and we will not tolerate this conduct. Particularly at institutions of higher learning, people should feel safe to pursue educational opportunities. The Justice Department takes seriously our obligation to protect students from hatred and harassment and will continue to use every tool available to ensure that students are able to feel safe and secure.”

“Patrick Dai used the internet to make horrific threats to kill and injure Jewish students attending Cornell University. The federal felony conviction he sustains today underscores that those who break the law by making violent threats will be found and prosecuted, even if they attempt to hide by posting anonymously,” said U.S. Attorney Carla Freedman for the Northern District of New York. “The rapid and coordinated investigation by the FBI, New York State Police and Cornell University Police led to Dai’s identification and arrest in a matter of days, bringing relief to both his classmates and the community he terrorized by his actions. His guilty plea today means he will be held accountable for his threats against members of his own Cornell University community.”  

"The threats Patrick Dai made towards the Jewish community are graphic and disturbing,” said Executive Assistant Director Larissa Knapp of the FBI’s National Security Branch. “Unfortunately, the FBI continues to see antisemitic sentiments across the violent extremist ideological spectrum. We work every day to make sure no one fears for their safety while simply going about their life, practicing their religion or attending class.” 

As part of his guilty plea, Dai admitted that, on Oct. 28 and 29, 2023, he posted threatening messages to the Cornell section of an online discussion forum, including posts that said “gonna shoot up 104 west” (a dining hall at Cornell University that caters predominantly to Kosher diets and is next to the Cornell Jewish Center that provides residential accommodations for students) and “gonna bomb jewish house.” In another post, Dai threatened to “stab” and “slit the throat” of any Jewish man he saw on campus, to rape and throw off a cliff any Jewish women he saw, and to behead any Jewish babies. In that same post, Dai threatened to “bring an assault rifle to campus and shoot all you pig jews.”

A sentencing hearing is scheduled for Aug. 12. Dai faces a maximum penalty of five years in prison, a fine of up to $250,000, restitution to victims and a maximum of three years of supervised release. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Joint Terrorism Task Force, which includes the New York State Police, is investigating this case, with assistance from the FBI Albany Field Office, Cornell University Police Department and Ithaca Police Department.

Assistant U.S. Attorneys Geoffrey J. L. Brown, Stephen C. Green and Michael D. Gadarian for the Northern District of New York are prosecuting the case, with assistance from the Justice Department’s National Security Division’s Counterterrorism Section and with assistance from the Civil Rights Division’s Criminal Section. 

ALBANY, NEW YORK – Lateek White, age 53, of Brooklyn, New York, pled guilty today to conspiring to distribute marijuana and money laundering.

United States Attorney Carla B. Freedman; John B. DeVito, 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.

White admitted that he 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.  He 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.”  White received the packages of marijuana at, among other locations, his residence in Brooklyn; his sister, Onisha Smith, also received packages of marijuana at her apartment and a neighboring apartment in Brooklyn.  In total, White and Smith received 71 packages containing approximately 294 kilograms, or 648 pounds, of marijuana.

White also laundered marijuana proceeds for the organization by depositing cash into a bank account owned by Singletary in the name “Daddy Ds Boutique,” which was a purported clothing business.  When he deposited the cash, White knew that Daddy Ds Boutique was not a real clothing business and deposited the cash to conceal the nature and source of the marijuana proceeds and to promote the marijuana trafficking conspiracy.

White faces at least 10 years and up to life in prison; up to $8.5 million in fines; and term of post-release supervision of between 8 years 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.

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

In addition to White, 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 – Zachary Frye, age 28, of Rensselaer County, New York, pled guilty today to sexual exploitation of a child. United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo made the announcement.

During Frye’s change of plea hearing, he admitted that, in October 2019 while required to register as a sex offender due to a 2017 conviction for promoting the sexual performance of a child, he took several sexually explicit photographs of an approximately 5-year-old child. The images that Frye created included depictions of the child’s genitals and of the child’s hand on Frye’s penis. Frye also admitted that, on the same day he created those images, he sent them to another person on social media with whom he had been discussing the sexual abuse of children.

At sentencing scheduled for August 7, 2024, before United States District Judge Anne M. Nardacci, Frye faces a term of imprisonment of least 25 years and up to 50 years, a term of post-imprisonment supervised release of at least five years and up to life, a fine of up to $250,000, and restitution to the victim of his offense. Frye also 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 U.S. Sentencing Guidelines, and other factors.

HSI is investigating the case. Assistant U.S. Attorney Michael D. Gadarian 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), 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.

UTICA, NEW YORK – Christopher Pence, age 43, of Cedar City, Utah, was sentenced yesterday to 84 months in prison for using the Internet to solicit and pay for the murders of two Rensselaer County residents.

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, Pence admitted that between July 16 and August 9, 2021, from his computer at his home in Utah, he accessed a “darknet” website dedicated to arranging contract killings.  Through the website, Pence arranged for the murder of two residents of Hoosick Falls, New York, and paid a website administrator approximately $16,000 worth of Bitcoin to facilitate the murders.  Pence then provided the website administrator with the names, address and photographs of the intended victims, instructed the administrator to make the murders look like an accident or botched robbery, and requested that care be taken not to harm any of the children who resided with the victims. 

The intended victims were not harmed and the FBI arrested Pence in Utah on October 27, 2021.  He has remained in federal custody since that time.  Following his arrest, Pence told investigators that he solicited the murders of the victims because of the fraught relationship between his family and the victims following Pence’s family’s adoption of several of the victims’ children.

United States District Judge David N. Hurd also ordered Pence to serve a 3-year term of supervised release following his release from prison.

The FBI investigated this case and Assistant U.S. Attorney Emmet J. O’Hanlon prosecuted this case.

SYRACUSE, NEW YORK – Paul Geer, 56, of Hancock, New York, was arraigned today on a federal indictment charging him with three counts of coercing and enticing three separate children to travel across state lines to engage in unlawful sexual activity, and three counts of transporting the children across state lines with the intent to engage in criminal sexual activity with those children. 

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

The indictment filed against Geer alleges that, while Geer was a teacher at the Family Foundation School in Hancock, New York, Geer imposed various disciplinary sanctions on students which were tantamount to torture. The sanctions Geer imposed on students included depriving children of food or forcing children to eat food that had been regurgitated, binding children in rugs and leaving them in isolated rooms for extended periods of time and forcing children to perform forced physical labor. The indictment further alleges that, in 1994, 2000, and 2001, Geer used his position of authority and his ability to impose these brutal sanctions to coerce three students to travel with him, on separate occasions, to Maine, Pennsylvania, and Toronto, Canada. The indictment also charges that Geer transported the students across state lines with the intent to engage in sexual activity with them. While on those trips, Geer raped or otherwise sexually abused each of the three children. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The three counts of coercion and enticement each carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 5 years. The three counts of transporting children across state lines each carry a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 5 years. If convicted, Geer will also 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 particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The FBI is investigating the case. Assistant U.S. Attorneys Jessica N. Carbone and Adrian S. LaRochelle are prosecuting 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.

If you have any information about Paul Geer, the Family Foundation School, or other schools like it, which may have marketed themselves as part of the “Troubled Teen Industry,” please contact the FBI at [email protected].

ALBANY, NEW YORK – Hason Harres, age 47, of Schenectady, New York, was sentenced today to serve 57 months in federal prison for possessing methamphetamine and fentanyl 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 previous guilty plea, Harres admitted to possessing and/or distributing more than 1,400 counterfeit oxycodone pills containing fentanyl, as well as 92 grams of methamphetamine.  At the time of the offense, Harres was on post-release supervision for a state drug conviction.  Senior U.S. District Judge Lawrence E. Kahn also imposed a 4-year term of supervised release and forfeiture of $13,800.00.

The DEA investigated the case, and Assistant U.S. Attorney Jonathan S. Reiner prosecuted the defendant.

ALBANY, NEW YORK – Victoria Shaw, of Mahwah, New Jersey, the owner of Suffern, New York-based Wellcore, Inc., has agreed to pay $500,000 for her role in a scheme whereby she and a former Wellcore official forged signatures of community leaders on federal grant applications and then diverted for personal use federal funds intended to combat youth substance use, announced United States Attorney Carla B. Freedman.

“Protecting taxpayer dollars from fraud and abuse is one of my top priorities,” said United States Attorney Freedman. “Under the False Claims Act, Victoria Shaw paid far more in damages and penalties than she misappropriated, showing the important deterrent effect that this law can have in combatting fraud on federal programs.”

Wellcore is a not-for-profit corporation that secures and administers Drug-Free Communities (DFC) Support Program grants. DFC is a grant program that provides resources to community coalitions to prevent youth substance use. A “community coalition” consists of community leaders representing twelve sectors that organize to meet the local prevention needs of the youth and families in their communities. As part of the DFC grant-application process, applicants must submit to the federal government copies of signed agreements with representatives from each sector reflecting that the individual has agreed to represent their sector for purposes of the grant.

As part of the settlement agreement, Shaw admitted to the following:

In 2009, Wellcore applied to the Substance Abuse and Mental Health Services Administration (SAMHSA) for a DFC grant on behalf of the South Orangetown Community Awareness of Substance Abuse (SOCASA) coalition. Wellcore forged signatures of sector representatives and addended them to SOCASA’s application, including signatures of a local business owner (using the wrong first name), a physician (using the wrong spelling of the last name), and a school principal. Wellcore then submitted or caused the application to be submitted to the government, with the forgeries, to provide the false impression that each purported signatory had agreed to serve as a sector representative for SOCASA. SOCASA received the DFC grant in 2009, which Wellcore administered for SOCASA. Wellcore renewed the DFC grant on SOCASA’s behalf in 2011, 2013, and 2015.

In 2015, Wellcore applied to SAMHSA for a DFC grant on behalf of Suffern United Coalition Against Substance Abuse (SUCASA). Wellcore forged signatures of sector representatives and addended them to SUCASA’s application, including signatures of a law-enforcement official, a physician, and a school guidance counselor. Wellcore then submitted or caused the application to be submitted to the government, with the forgeries, to provide the false impression that each purported signatory had agreed to serve as a sector representative for SUCASA. SUCASA received the DFC grant in 2015, which Wellcore administered for SUCASA.

Wellcore officials also misappropriated funds from the SUCASA and SOCASA grants for unallowable costs. For example, Shaw admitted that she used SOCASA grant funds to pay $15,000 to a criminal-defense attorney to represent a family member in a personal matter and that she spent thousands of dollars of DFC grant funds to pay for gym memberships for herself and for her immediate family members. Shaw also provided evidence that an individual who was previously affiliated with Wellcore misappropriated DFC grant funds while so affiliated. Shaw provided examples of how this individual misappropriated DFC grant funds, including by spending such funds to purchase home furnishings, to pay for their child’s day camp expenses, to pay for their child’s birthday party, to pay a contractor to do home-improvement work, to pay for personal travel, and to pay for their swim club membership.

Wellcore officials had access to SOCASA and SUCASA grant funds and spent some such funds in the Northern District of New York, including for meals at several restaurants in Albany.

“This is an egregious example of misappropriating federal grant funds for personal use,” said Special Agent in Charge Naomi D. Gruchacz of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “We will continue to work with our law enforcement partners to preserve the integrity of HHS programs.”

The investigation and settlement were the result of a coordinated effort between the United States Attorney’s Office for the Northern District of New York and HHS-OIG. The United States was represented by Assistant United States Attorney Adam J. Katz.

ALBANY, NEW YORK – Thomas Ullman, age 47, of Schenectady, New York, was sentenced yesterday to 25 years in prison for sexual exploitation of a child.  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 previously pleading guilty, Ullman admitted that from at least March 2020 through June 16, 2021, he used the Internet to access a teen dating website, pretend to be a teenage boy, and persuade girls to communicate with him through video chat and messaging.  Ullman admitted that he instructed the girls to engage in sexually explicit conduct during those chats, including a then-15-year-old girl.  Ullman further admitted that he engaged in the same conduct with girls as young as 13.

United States District Judge Anne M. Nardacci also sentenced Ullman to serve 15 years of post-imprisonment supervised release and ordered him to pay $5,000 in restitution to a victim. Ullman will also be required to register as a sex offender upon his release from prison.

The FBI’s Violent Crimes Against Children Task Force and the Rotterdam Police Department investigated the case.  Assistant U.S. Attorney Katherine Kopita 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), 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 – William Soto, age 32, of Springfield, Massachusetts, was arraigned yesterday on a federal indictment charging him with twelve counts of theft of government property, United States Attorney Carla B. Freedman and Ketty Larco-Ward, Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS) announced.

According to the indictment, Soto used fraudulent checks to purchase more than $30,000 worth of United States Postal Service postage stamps over the course of two days in Oneida County, Oswego County, and Onondaga County in August 2023. 

The charges filed against Soto carry a maximum sentence of 10 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 USPIS is investigating the case with the help of the Fulton Police Department and Special Assistant U.S. Attorney Paul Tuck is prosecuting the case.

ALBANY, NEW YORK – Israa Sultan, age 43, of New York, New York, pled guilty today to making a false statement to federal authorities.

United States Attorney Carla B. Freedman and Port Director Timothy Walker of the Alexandria Bay Port of Entry, U.S. Customs and Border Protection (CBP), made the announcement.

On December 8, 2023, Sultan—an Iraqi national lawfully present in the United States—attempted to cross from New York into Canada using a United States passport.  Canadian authorities refused to grant entry to Sultan, and they turned her over to CBP.  Sultan falsely told a CBP Officer that she was the person depicted in the passport.  When CBP searched Sultan, they recovered approximately 20 grams of cocaine.

Sultan faces up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years, when she is sentenced on July 26, 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.

CBP investigated this case, which Assistant U.S. Attorney Jonathan S. Reiner is prosecuting.

SYRACUSE, NEW YORK – Kevin Harrington, age 50, of Oneonta, New York, was arraigned yesterday on a federal indictment charging him with two counts of mail 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) announced.

According to the indictment, Harrington was formally the executive director at First Community Care of Bassett, LLC (an affiliate of the Bassett Healthcare Network). During the course of his employment, Harrington submitted fraudulent expense reports seeking reimbursement for the purchase of continuous positive airway pressure (CPAP) machines. As part of the scheme, Harrington provided invoices to his employer that falsely claimed he had paid thousands of dollars for medical equipment when no such equipment was ever purchased. Unaware that the invoices were fraudulent, First Community Care of Bassett issued and mailed checks to Harrington for reimbursement.   

The charges filed against Harrington carry a maximum sentence of 20 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 FBI is investigating the case and Special Assistant U.S. Attorney Paul Tuck is prosecuting the case.

ALBANY, NEW YORK – Jeffrey C. Civitello Jr., age 24, of Schenectady, New York, was sentenced today to a total of 132 months and a day in prison for conspiring to traffic more than 5 kilograms of cocaine and more than 100 kilograms of marijuana, and to possessing two firearms in furtherance of a drug trafficking crime. 

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 previously pleading guilty to marijuana and firearms offenses, Civitello Jr. admitted that from 2019 to 2021, he worked with others to acquire and sell more than 100 kilograms of marijuana. On October 21, 2021, the DEA executed a federal search warrant on Civitello’s penthouse apartment residence in Schenectady.  Investigators located approximately 75 pounds of marijuana, mostly packaged in 1-pound bags, which Civitello Jr. intended to sell.  Additionally, they found $407,545 in cash and a 14-karat Miami Cuban chain, all of which were proceeds of drug trafficking.

In Civitello Jr.’s bedroom, investigators located a loaded Taurus Judge Public Defender revolver and a Smith and Wesson M&P 15-22 rifle loaded with a high-capacity magazine containing numerous .22 caliber rounds, including a round in the chamber. Civitello Jr. admitted that he possessed these firearms to protect himself in the event that someone attempted to enter his apartment and steal his marijuana or his drug proceeds. 

Additionally, Civitello Jr. was found guilty of cocaine offenses following an 8-day trial in April 2023. The trial evidence demonstrated a conspiracy to traffic about 15 kilograms of cocaine in March and April 2021, among Civitello Jr., his father Jeffrey C. Civitello, Sr., and three New York City-area men. Civitello Sr. was sentenced last year to 120 months in prison.

United States District Judge Mae A. D’Agostino also imposed on Civitello Jr. a 5-year term of post-imprisonment supervised release. Civitello Jr. has now forfeited the $407,545 in cash found in his safe, as well as the firearms, ammunition and the Miami Cuban chain, and agreed to entry of a $250,000 money judgment against him.

These cases were investigated by the DEA’s Capital District Drug Enforcement Task Force, which includes DEA Special Agents and investigators from state and local police agencies, including the Saratoga Springs Police Department, the Saratoga County Sheriff’s Office, the Washington County Sheriff’s Office, the Columbia County Sheriff’s Office, and the New York State Police. 

Assistant U.S. Attorneys Michael Barnett and Dustin Segovia prosecuted these cases.

These cases are 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.

SYRACUSE, NEW YORK – Joel Cook, 49, of Ithaca, New York, was sentenced yesterday to serve 151 months in prison for Attempted Coercion and Enticement of a Minor, and a concurrent 151 months for possessing a loaded handgun as a prohibited person by virtue of a prior felony conviction.  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 plea of guilty, Cook admitted that in March of 2023 he sent sexually explicit text messages to a 14-year-old child in an attempt to entice and coerce her into engaging in sexual conduct with him.  The child did not respond to Cook’s messages.  Instead, her family reported Cook to police, after which the Tompkins County Sheriff’s Office and the Federal Bureau of Investigation assumed the child’s identity.  Thereafter, for nearly a month Cook engaged in sexually explicit messaging with someone whom he thought was the child, explaining what type of sexual conduct they could engage in with one another, and asking her to send sexually explicit images to him.  Cook was arrested on April 8, 2023, after arriving at a location where he had arranged to meet her. 

Additional investigation led to the discovery of a loaded Hi Point, .380 caliber pistol hidden inside a hat in a dresser drawer in Cook’s bedroom.  Cook was prohibited from possessing the firearm as a result of a 2022 Chemung County Court conviction for Grand Larceny in the Third Degree.

In addition to serving 151 months in prison, Hon. Anne M. Nardacci sentenced Cook to 15 years of supervised release upon his release from imprisonment, and he will be required to register as a sex offender. 

The case was investigated by the Federal Bureau of Investigation Mid-State Child Exploitation Task Force and the Tompkins County Sheriff’s Office, along with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and was prosecuted by Assistant U.S. Attorney Lisa M. Fletcher 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), 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 – Adam Gomez, age 26, of Brooklyn, New York, pled guilty today to unlawfully possessing a handgun with an obliterated serial number.

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. 

Gomez admitted that on September 8, 2022, in the parking lot of a shopping mall in Albany County, he unlawfully possessed a Glock 17 handgun with an obliterated serial number. 

Gomez faces a maximum term of 5 years in prison, a fine of up to $250,000, and a term of supervised release 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. 

HSI investigated the case. Assistant U.S. Attorney Rick Belliss is prosecuting the case.

ALBANY, NEW YORK – Jamie Johnson, age 38, of Albany, was sentenced today to 41 months in prison for filing false unemployment insurance applications online with the New York State Department of Labor (NYSDOL) in order to fraudulently obtain $701,441 in benefits issued in the names of other people. The benefits included funds from federal programs intended to help out-of-work New Yorkers during the COVID-19 pandemic.

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

Johnson pled guilty in February 2022 and admitted to receiving personal identifying information from other people and using it to file false unemployment insurance applications in other people’s names on NYSDOL’s online systems. She then collected the resulting unemployment insurance benefits, including by driving a Maserati sport utility vehicle to Capital Region banks and withdrawing cash using debit cards containing the benefits.

Senior United States District Judge Lawrence E. Kahn also imposed a 3-year term of supervised release, to begin after Johnson is released from prison, and ordered her to pay $701,441 in restitution to the State of New York. He also ordered Johnson to forfeit the Maserati, more than $200,000 in cash, and multiple jewelry items.

Judge Kahn had previously sentenced three of Johnson’s co-conspirators, Thomas Brace, Taliek Lanier, and Errol Murray, to terms of imprisonment of time served, 12 months, and 12 months, respectively. Johnson’s co-conspirators all admitted that they had provided her with personal information of others that Johnson used to file false unemployment insurance applications.

This case was investigated by the New York State Inspector General’s Office, HSI, USPIS and USDOL-OIG, with assistance from the NYSDOL Office of Special Investigations, the Capital Region Crime Analysis Center, the Albany County Department of Social Services, and the United States Marshals Service. Assistant U.S. Attorneys Joshua R. Rosenthal and Joseph S. Hartunian 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 – Richawn McClain, age 25, of Troy, New York, was ordered detained today following an indictment filed last week alleging that he possessed a firearm in furtherance of a drug trafficking crime.

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

McClain allegedly possessed a Glock .40 caliber handgun that had been modified into a machinegun, and a cocaine-fentanyl mixture and more than 900 oxycodone pills, which he intended to sell. The indictment also alleges that McClain unlawfully possessed the firearm as a previously convicted felon.  The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charges filed against McClain carry a mandatory prison term of at least 5 years and up to life, a supervised release term of at least 3 years and up to life, and a maximum $1 million fine.  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.

United States Magistrate Judge Daniel J. Stewart ordered McClain detained pending a trial before United States District Judge Mae A. D’Agostino.

The DEA is investigating the case, which Assistant U.S. Attorney Jonathan S. Reiner is prosecuting.

ALBANY, NEW YORK –Anthony Luizzi, age 24, of Halfmoon, New York, pled guilty today to drug and gun crimes in connection with his trafficking in large amounts of fentanyl, cocaine and methamphetamine, as well as his possession of nearly 40 firearms.

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

Luizzi 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.

He admitted that he conspired to distribute, and possessed with intent and distribute, cocaine, methamphetamine and fentanyl, from his residence in Halfmoon, and from an apartment on Western Avenue in Albany. On May 23, 2023, law enforcement searched his Halfmoon apartment where they found more than 11 kilograms of fentanyl pills, along with five firearms, including a defaced shotgun. Law enforcement also seized $2,616 in cash as drug proceeds. On that same day, law enforcement also searched the Western Avenue apartment and found 34 more 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 July 16, 2024, before United States District Judge Anne M. Nardacci. Luizzi 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 after he finishes his prison term. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The following defendants, who were also arrested on May 23, 2023, still face charges in connection with this case:

• Brandon Bartley was charged by criminal complaint on May 23, 2023, with possession with intent to distribute cocaine. He has been ordered detained pending trial.

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

The charges against Bartley and Jones 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 (USPIS), and U.S. Department of Labor, Office of Inspector General (USDOL-OIG). Assistant U.S. Attorney Alexander Wentworth-Ping is prosecuting the case.

ALBANY, NEW YORK – Andrew Deleon, age 27, of Schenectady, New York, pled guilty today to conspiracy to distribute and possess with intent to distribute methamphetamine and fentanyl, and to the distribution of methamphetamine.

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 Ketty Larco-Ward, Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS), made the announcement.

Deleon admitted that he received multiple packages in the U.S. Mail that he knew contained controlled substances and intended to give the controlled substances to the leader of his drug trafficking organization. Deleon further admitted that he also distributed methamphetamine on behalf of the organization. As part of the conspiracy, Deleon distributed and possessed with the intent to distribute approximately 1,827.18 grams of pure methamphetamine and 10.68 grams of fentanyl.

Sentencing is scheduled for July 12, 2024 before United States District Judge Anne M. Nardacci. Deleon faces a maximum term of 20 years in prison, a fine of up to $1 million, and a supervised release term of at least 3 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.

Three other defendants charged as part of this conspiracy have pled guilty to conspiracy to distribute and possess with intent to distribute methamphetamine, and to the distribution of methamphetamine, and are scheduled to be sentenced as follows:

• Melissa Karwan, age 37, of Schenectady, New York, is scheduled to be sentenced on April 16, 2024.

• Flor Arencibia, age 39, of Albany, is scheduled to be sentenced on June 7, 2024.

• Stefanie Plass, age 37, of Schenectady, is scheduled to be sentenced on April 17, 2024.

The DEA and USPIS investigated this case.  Assistant U.S. Attorneys Ashlyn Miranda and Joshua Rosenthal are prosecuting the case.

This case 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 – Victor Barriera, age 63, of the Bronx, New York, Jerjuan Joyner, age 49, of Brooklyn, New York, Akeem Balogun, age 53, of Brooklyn, and Lesley Lucchese, age 53, of Brooklyn, have been arrested on an indictment charging a bank fraud conspiracy that targeted credit unions all over the country starting in December 2021. All eight defendants have now been arraigned on the indictment.

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.

According to the indictment, court filings, and statements made by prosecutors in court, beginning in at least December 2021, Oluwaseun Adekoya, a/k/a “John Calling,” age 38, a Nigerian citizen residing in Newark, New Jersey, and David Daniyan, a/k/a “Bamikole Laniyan,” a/k/a “David Enfield,” a/k/a “Tajudeen Dosunmu,” a/k/a “David James,” a/k/a “Tony James,” a/k/a “James Bush,” age 59, a Nigerian citizen residing in Brooklyn, obtained the personal identifying information of scores of individuals who banked at credit unions throughout the United States.

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.  However, according to the indictment, the defendants exploited this network by creating fake identifications in the names of real credit union customers, but with photographs of other individuals, whom they employed to conduct fraudulent transactions at shared branch member credit unions all over the country.  In total, the indictment charges the eight defendants with obtaining more than $900,000, which ringleaders allegedly used to purchase luxury items including Rolex watches, Mercedes-Benz vehicles, and high-end clothing and apparel.  The fraud was perpetrated in Albany, Clinton, Rensselaer, and Saratoga counties in the Northern District of New York, and all over the country.

According to statements made by prosecutors and court filings, authorities have seized over $45,000 in cash proceeds of the conspiracy, and an estimated tens of thousands of dollars in jewelry and merchandise, including Rolex watches, Gucci handbags, and Jimmy Choo shoes – many of which were new in their boxes.

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

The following defendants are charged in the indictment:

• Adekoya is charged with one count of conspiracy to commit bank fraud and two counts of aggravated identity theft;

• Daniyan 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;

• Barriera is charged with conspiracy to commit bank fraud and two counts of aggravated identity theft;

• Lucchese is charged with conspiracy to commit bank fraud and two counts of aggravated identity theft;

• Joyner is charged with conspiracy to commit bank fraud; and

• Balogun is charged with conspiracy to commit bank fraud.

Adeyoka, Daniyan, Barriera and Joyner have each been ordered detained pending trial; the other defendants were released with conditions.

The bank fraud conspiracy charges carry a maximum term of 30 years in prison and the aggravated identity theft charge carries a mandatory term of 2 years in prison, to be imposed consecutive to any term of imprisonment imposed on the bank fraud charge.  A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

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.

SYRACUSE, NEW YORK –Edgar Tejada, age 36, of Utica, New York, was sentenced yesterday to serve 12 months in federal prison for possession with the intent to distribute cocaine, and 60 months for possessing a firearm in furtherance of a drug trafficking crime. Those sentences were ordered to run consecutively, for a total of 72 months (6 years) imprisonment.    

The announcement was made by 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 Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

As part of his guilty plea, Tejada admitted to possessing over 500 grams of cocaine for distribution at his residence in Utica, as well as possessing a loaded silver Ruger handgun to protect himself and the drugs he kept at that location. 

The investigation was conducted by the U.S. Drug Enforcement Administration (DEA), 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 Utica Police Department, the Syracuse Police Department, the Rome Police Department, U.S. Homeland Security Investigations (HSI), United States Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, New York Army National Guard Counter Drug Program, the Yorkville Village Police Department, and the Whitesboro Village Police Department. The case is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

This case 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.

SYRACUSE, NEW YORK –Ivan Rodriguez, Senior, age 48, of Utica, New York, was sentenced yesterday to serve 121 months in federal prison for conspiring to possess with intent to distribute fentanyl,  distribution of more than 400 grams of fentanyl, and money laundering, 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. 

After a lengthy investigation, Rodriguez, Sr. was identified as the head of a drug trafficking organization that distributed fentanyl in and around Oneida County from May 2020 to October 2021.  On September 20, 2021, the defendant and his son, Ivan Rodriguez, Jr. arranged for co-conspirator Eric Ares to drive to a source of supply in New York City to pick up fentanyl for redistribution in the Utica area. Law enforcement officers interdicted the vehicle en route back to Utica and recovered three kilograms of fentanyl from a speaker inside of Ares’ rental car.  During the conspiracy, Rodriguez, Sr. also provided cash obtained from drug trafficking to a straw purchaser to buy cars, including a BMW.

Ivan Rodriguez, Jr. will be sentenced on May 2, 2024.  Eric Ares will be sentenced April 11, 2024.

The investigation was conducted by the U.S. Drug Enforcement Administration (DEA), the 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 Utica Police Department, the Syracuse Police Department, the Rome Police Department, U.S. Homeland Security Investigations (HSI), United States Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, New York Army National Guard Counter Drug Program, the Yorkville Village Police Department, and the Whitesboro Village Police Department. The case is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

This case 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 – Jahvan Martin, age 28, of Albany, was arrested and arraigned yesterday on two counts of distribution of fentanyl.

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.

Martin is charged with two counts of distributing fentanyl in June-July 2023. Both sales involved more than 40 grams of the controlled substance. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Martin faces at least 5 years and up to 40 years in prison, and at least 4 years of supervised release after completing his term of imprisonment. 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.

Martin was arraigned yesterday in Albany, before United States Magistrate Judge Daniel J. Stewart, and detained pending a hearing on March 11.

The DEA and the Watervliet Police Department are investigating the case. Assistant U.S. Attorney Joseph S. Hartunian is prosecuting the case.

SYRACUSE, NEW YORK – Carol Evans, age 56, of Sauquoit, New York, pled guilty today to multiple counts of 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) announced.

As part of her guilty plea, Evans admitted that, while she was employed at Sullivan Contracting, Inc., she doctored invoices from vendors to reflect inflated charges. Unaware that the invoices were altered, Sullivan Contracting, Inc. then issued checks for the amount due in the doctored invoices and gave the checks to Evans to pay the invoices.  Instead, Evans deposited the checks into her own bank account. Thereafter, Evans paid the vendors the amount due in the unaltered invoices or kept the entire payment herself. Altogether, Evans admitted to depositing approximately $1,800,000 in checks into her personal bank account from Sullivan Contracting, Inc.

Sentencing is scheduled for June 26, 2024, before United States District Judge David N. Hurd.  Evans faces a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of 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 FBI is investigating the case and Special Assistant U.S. Attorney Paul Tuck is prosecuting the case.

SYRACUSE, NEW YORK – Altagracios De La Cruz-Calderon, age 60, who was living in Oneida County, pled guilty yesterday to illegally reentering the United States after previously being convicted of an aggravated felony. United States Attorney Carla B. Freedman and Thomas P. Brophy, Field Office Director, U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations, (ICE-ERO) Buffalo, NY announced.

As part of his guilty plea yesterday, De La Cruz-Calderon admitted that he had been convicted of federal drug and gun charges in the 1990s and spent several years in federal prison. After his prison sentence he was deported to the Dominican Republic. De La Cruz-Calderon admitted that, after he was deported, he returned to the United States illegally and was later found in New Hartford, New York. 

Sentencing is scheduled for July 10, 2024, before Chief United States District Judge Brenda K. Sannes.  De La Cruz-Calderon faces a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of three years, to begin after the imposition of any term of imprisonment. 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. Department of Homeland Security, ICE-ERO investigated the case with the help of the United States Marshall Service and the New Hartford Police Department and is being prosecuted by Special Assistant U.S. Attorney Paul Tuck. 

SYRACUSE, NEW YORK – Johannes Vulto, age 64, a former raw milk cheese manufacturer, and Vulto Creamery LLC, the company Vulto founded and owned, each pled guilty today in federal court in Syracuse to guilty to one misdemeanor count of causing the introduction of adulterated food into interstate commerce, relating to the sale and distribution of cheese that was linked to a 2016-2017 outbreak of listeriosis, the disease caused by the pathogen Listeria monocytogenes. These guilty pleas were announced by United States Attorney Carla B. Freedman; Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division; and Special Agent in Charge Fernando McMillan of FDA’s Office of Criminal Investigations New York Field Office.

In pleading guilty, Vulto admitted that he oversaw operations at the Vulto Creamery manufacturing facility in Walton, New York, including those relating to sanitation and environmental monitoring. Vulto and Vulto Creamery both admitted that between December 2014 and March 2017, they caused the shipment in interstate commerce of adulterated cheese. According to the plea agreement, environmental swabs taken at the Vulto Creamery facility between approximately July 2014 and February 2017 repeatedly tested positive for Listeria species. The Listeria family includes both harmless species and L. monocytogenes, which can cause listeriosis in humans. In March 2017, after the U.S. Food and Drug Administration (FDA) linked Vulto Creamery’s cheese to an outbreak of listeriosis, Vulto shut down the Vulto Creamery facility and issued a partial recall that was expanded to a full recall within weeks. According to the Centers for Disease Control and Prevention, the listeriosis outbreak resulted in eight hospitalizations and two deaths.

“This investigation and prosecution hold accountable the defendant and his business who through unsafe practices caused illness and death to consumers in an entirely preventable tragedy,” said U.S. Attorney Freedman. “The law enforcement and regulatory partners involved in this case will continue to work together to bring to justice those who endanger the public through unsafe and unsanitary products and facilities.”

“It is crucial that American consumers be able to trust that the foods they buy are safe to eat,” said Principal Deputy Assistant Attorney General Boynton. “The department will continue to work with its law enforcement partners to hold responsible food manufacturers that sell dangerously contaminated products.”

“U.S. consumers rely on the FDA to ensure that their food is safe and wholesome,” said Special Agent in Charge McMillan. “When companies and individuals put themselves above the law by producing food that endangers and harms the public, as occurred in this case, we will see that they are brought to justice.” 

Listeriosis is a severe, invasive illness that can be life-threatening in some cases. Persons who have the greatest risk of experiencing listeriosis due to consumption of foods contaminated with L. monocytogenes are pregnant women and their newborns, the elderly and persons with weakened immune systems.

The charge to which Vulto pled guilty carries a maximum sentence of up to one year in prison, a term of supervised release of up to one year, and a fine of up to $250,000. The charge to which Vulto Creamery pled guilty carries a maximum sentence of Probation and a maximum fine of up to $500,000.  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. Vulto and Vulto Creamery will be sentenced on July 9, 2024, by United States Magistrate Judge Thérèse Wiley Dancks.

The case has been investigated by the FDA’s Office of Criminal Investigations, and it is being prosecuted by Senior Trial Attorney James T. Nelson of the Civil Division’s Consumer Protection Branch and Northern District of New York Assistant U.S. Attorney Michael F. Perry.

Further information about the case will be posted under “Information for Victims in Large Cases” at the Consumer Protection Branch’s website: www.justice.gov/civil/consumer-protection-branch. For more information about the enforcement efforts of the Consumer Protection Branch visit www.justice.gov/civil/consumer-protection-branch.

ALBANY, NEW YORK – Jorge L. Rosario, age 53, of Albany, pled guilty today to robbing a marijuana dealer and brandishing a pistol in furtherance of the robbery at the dealer’s residence in Guilderland.

United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Guilderland Police Chief Daniel P. McNally made the announcement.

Rosario admitted that on January 23, 2022, at about 5 a.m., he and Alexander G. Madera, armed with a pistol and a rifle, respectively, entered a single-family residence in Guilderland with the goal of robbing a marijuana dealer.  After entering the residence, Rosario remained on guard in the living room while Madera robbed the dealer of $172 in drug money, at gunpoint, in the dealer’s bedroom.  Before they could leave the residence, however, another resident awoke and encountered Rosario, who pointed his pistol at the resident, warning the resident not to move or say anything.  A struggle over the pistol ensued, with other residents joining in.  In the course of the struggle, Rosario and Madera were disarmed.  They were then restrained until the police arrived and arrested them. Bost have remained in custody since that time. 

Rosario will be sentenced on July 9, 2024 by Chief United States District Judge Branda K. Sannes.  Under the terms of Rosario’s plea agreement, the parties have jointly recommended that Rosario receive a prison term of between 168 and 188 months, and a 5-year term of post-imprisonment supervised release.   

Madera previously pled guilty to armed robbery and brandishing charges, and is scheduled for sentencing on May 3, 2024.  He faces a minimum term of imprisonment of 7 years, a maximum term of life, a fine of up to $250,000, and a term of supervised release 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.

This case was investigated by ATF and the Town of Guilderland Police Department, with the assistance of the Albany County District Attorney’s Office.  Assistant U.S. Attorneys Emmet O’Hanlon and Joshua R. Rosenthal 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 – Ocyris Morgan, age 36, of Schenectady, New York, pled guilty today to possessing methamphetamine with the intent to distribute it.

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.

Morgan admitted that he intended to sell the 21.4 grams of methamphetamine law enforcement seized from his house on June 1, 2023, and when he overheard agents saying they found between one-half and one ounce of methamphetamine, Morgan corrected them, “21.7, to be exact.”  Morgan also admitted to receiving $10,130 over the course of 12 instances in which he sold a total of 93 grams of methamphetamine and 50 grams of cocaine base to several customers.  He further admitted to possessing a firearm and bullet proof vest.

When sentenced by Chief United States District Judge Brenda K. Sannes, Morgan faces a mandatory prison term of at least 5 years and up to 40 years, a fine of up to $5 million, 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 FBI’s Capital District Safe Streets Task Force – made up of FBI Special Agents, as well as members of other federal, state and local law enforcement agencies including the Schenectady Police Department – investigated the case. Assistant U.S. Attorney Jonathan S. Reiner is prosecuting the case.

ALBANY, NEW YORK – Charles E. Williams, age 35, of Albany, was sentenced today to 55 months in prison for possessing a firearm as a previously convicted felon. 

United States Attorney Carla B. Freedman and United States Marshal David L. McNulty made the announcement.

The U.S. Marshals Fugitive Task Force tracked Williams to a hotel in Albany County to arrest him for a kidnapping. When searching his hotel room on November 18, 2021, Deputy Marshals found a .357 caliber Smith & Wesson revolver. Williams was prohibited under federal law from possessing the firearm as a result of a prior New York State felony conviction for assault in the first degree.

Since committing this federal offense, Williams has also been convicted of additional felonies for kidnapping, robbery, assault and witness intimidation charges in state courts in Albany and Rensselaer Counties; and he faces additional armed robbery charges in Albany County. 

Chief United States District Judge Brenda K. Sannes also imposed a 3-year-term of supervised release.

The U.S. Marshals Service investigated the case with assistance from the North Greenbush Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant U.S. Attorney Jonathan S. Reiner prosecuted the case.

SYRACUSE, NEW YORK – Devon Drake, age 33, Lacey Fontaine, age 33, and Henry Townsend, age 28, each of Syracuse, have been indicted and charged with distributing and conspiring to distribute and possess with intent to distribute methamphetamine and fentanyl. Drake is also charged with distributing methamphetamine and fentanyl within 1,000 feet of an elementary school.

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 filed against Drake, Fontaine, and Townsend carry a minimum sentence of 10 years in prison and a maximum of life, a fine of up to $10,000,000, 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 charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

DEA is investigating the case with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Metro-Jefferson Drug Task Force, the Onondaga County District Attorney’s Office, and the Syracuse Police Department.  Assistant U.S. Attorney Jessica Carbone and Special Assistant U.S. Attorney Paul Tuck are prosecuting the case.

ALBANY, NEW YORK – Danielle Simonson, age 52, of Fort Ann, New York, was sentenced today to 70 months in prison for distributing controlled substances outside the course of professional practice and for no legitimate medical purpose.

United States Attorney Carla B. Freedman; Special Agent in Charge Frank A. Tarentino III, U.S. Drug Enforcement Administration (DEA), New York Division; and Special Agent in Charge Naomi Gruchacz, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Office of Investigations, made the announcement.

In previously pleading guilty, Simonson admitted that from at least January 2020 through October 2022, she unlawfully prescribed controlled substances to a total of 54 patients.  Simonson issued hundreds of unlawful prescriptions, including for the opioids hydrocodone and oxycodone, benzodiazepines (clonazepam, diazepam, and lorazepam), and the stimulants amphetamine (e.g. Adderall) and methylphenidate.  For instance, Simonson admitted that she issued a total of 63 oxycodone prescriptions to two residents of Suffolk County, New York, without treating either of them for a medical condition. The Suffolk County residents usually paid Simonson by mailing her packages of cash concealed within DVD cases.

United States District Judge Anne M. Nardacci also imposed a $10,000 fine and ordered Simonson to serve a 2-year term of supervised release following her term of imprisonment. Simonson has already surrendered her nurse practitioner and nursing licenses to the State of New York, and surrendered her DEA registration (which had allowed her to prescribe controlled substances).

In a separate civil settlement agreement with the U.S. Attorney’s Office, Simonson admitted that she improperly prescribed controlled substances to 105 patients (including the 54 listed in her criminal plea agreement), often without ever examining patients and maintaining medical records justifying her decision to prescribe controlled substances. Simonson paid $200,000 to settle claims that the United States could have brought against her pursuant to the Controlled Substances Act.

The DEA and HHS-OIG investigated the criminal case, with assistance from the New York State Bureau of Narcotic Enforcement. 

Assistant U.S. Attorney Michael Barnett prosecuted the criminal case and Assistant U.S. Attorney Christopher R. Moran represented the United States in the civil matter.

ALBANY, NEW YORK – Francis T. DiCaprio, age 29, of Amsterdam, New York, was ordered detained today on charges that he received and possessed child pornography, announced 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).

According to a criminal complaint, on February 15, 2024, DiCaprio possessed a phone that contained numerous electronic files depicting the sexual abuse of children. The complaint also alleges that the phone contained a conversation on an encrypted instant messaging service wherein the apparent owner of the device solicited and received child pornography files.  The charges in the criminal complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

If convicted of the charges in the complaint, DiCaprio faces at least 5 years and up to 20 years in prison, a maximum fine of $250,000, and a term of post-imprisonment 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.  DiCaprio may also be ordered to pay restitution to the victims of his offenses and forfeit the device used in the offenses.  DiCaprio would also have to register as a sex offender upon his release from prison.

The case is being investigated by FBI Albany’s Child Exploitation Task Force, which includes FBI Special Agents and investigators from state and local law enforcement agencies.

Assistant U.S. Attorneys Mikayla Espinosa and Allen J. Vickey are 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 – Odell, Tindley, age 31, of Ithaca, New York was sentenced yesterday to serve 156 months (13 years) in federal prison for conspiring to distribute and possess with intent to distribute controlled substances (methamphetamine and cocaine) in Watertown, New York. 

United States Attorney Carla B. Freedman; Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office; and Jefferson County District Attorney Kristyna S. Mills made the announcement.

As part of his previous guilty plea, Tindley admitted that he distributed 83 grams (over two ounces) of cocaine in Watertown on May 25, 2021, and arranged for delivery of a large quantity of methamphetamine later the same day. Investigators of the Metro-Jefferson Drug Task Force interdicted a car driven by a coconspirator of Tindley as it entered Watertown late in the evening of May 25, 2021. A search of this vehicle resulted in the recovery of 904 grams (just under 32 ounces) of methamphetamine and approximately a pound of marijuana.

Tindley was also sentenced to a 5-year term of supervised release following completion of his federal prison sentence.

At the time of his arrest on his federal drug charges, Tindley was residing in Watertown as part of a mandated pre-sentence drug rehabilitation program stemming from his guilty plea to a New York State felony drug charge in Tompkins County Court. On October 6, 2022, Tindley was sentenced to serve two-years in state prison for that offense. 

The case was investigated by the Metro-Jefferson Drug Task Force, consisting of Special Agents from U.S. Homeland Security Investigations (HSI), U.S. Border Patrol Agents, Detectives from the Watertown Police Department, Detectives from the Jefferson County Sheriff’s Department, and Investigators from the Jefferson County District Attorney’s Office. Assistant U.S. Attorney Richard Southwick and Special Assistant U.S. Attorney Paul Tuck prosecuted the case.

ALBANY, NEW YORK – Rylan Peterson, age 22, of Kingston, New York, pled guilty on Wednesday to conspiring with others to unlawfully obtain firearms from a licensed dealer by making false statements, also known as “straw purchasing” firearms, and to unlawfully transferring firearms to an out-of-state resident.

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

Peterson, a native of Kingston then serving as a private first class in the Marine Corps at a base in North Carolina, admitted that he entered into an agreement with Oryn McLeod, for Peterson to acquire six semi-automatic handguns on behalf of McLeod and others.  Peterson then obtained the guns from North Carolina resident Mitchell Locke, who purchased them from a licensed dealer in North Carolina, falsely representing at the time of the purchase that he was acquiring the firearms for himself.  McLeod paid Peterson for the guns, which Peterson transported to New York from North Carolina.  McLeod was subsequently arrested for unlawful possession of two of the handguns.

Sentencing is scheduled for July 10, 2024, before Senior United States District Judge Lawrence E. Kahn. Peterson faces up to 25 years in prison, a fine of up to $250,000, and a term of supervised release of 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.

McLeod has pled guilty to conspiracy to make false representations in connection with purchasing firearms. Locke is pending trial on the same charge.  The charges against Locke are merely accusations, and he is presumed innocent unless and until proven guilty.

ATF and the Kingston Police Department are investigating this case. Assistant U.S. Attorneys Dustin C. Segovia and Emmet O’Hanlon are prosecuting the case.

This case was prosecuted under the new criminal provisions of the Bipartisan Safer Communities Act.  The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

ALBANY, NEW YORK – Kenny Gonzalez, age 30, of Bayshore, New York, was sentenced today to 60 months in prison after previously pleading guilty to conspiracy to possess with intent to distribute a controlled substance and possession with intent to distribute a controlled substance.

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 prior guilty plea, Gonzalez admitted that he and his co-conspirator drove from Long Island to Queens where they picked up approximately two kilograms of cocaine from their drug supplier. Gonzalez and his co-conspirator intended to distribute the cocaine in the Northern District of New York.

United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release to follow Gonzalez’s prison term.

The case was investigated by DEA Albany with the assistance DEA Long Island and members of the Suffolk County Police Department. Assistant U.S. Attorney Ashlyn Miranda prosecuted the case.

ALBANY, NEW YORK – Rocco Resciniti, a/k/a “Rock,” age 50, of Colonie, New York, pled guilty today 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).

Resciniti admitted that he provided Carl J. DiVeglia III with the personal identifying information of three individuals, which DiVeglia used to file false claims via the NYSDOL website.  Resciniti further admitted that as a result of the fraudulent applications submitted by DiVeglia, the NYSDOL paid $69,718 in unemployment insurance benefits.  As part of his plea agreement, Resciniti agreed to pay $69,718 in restitution to the State of New York.  DiVeglia previously pled guilty to fraudulently obtaining $1.6 million in unemployment insurance benefits as part of the scheme.  Charges against two of Resciniti’s three co-defendants, Todd Ward and Jamaine Myers, are still pending; the charges against them are merely allegations, and they are presumed innocent unless and until proven guilty. The third co-defendant, Christopher Ward, pled guilty earlier this month.

Resciniti 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 July 18, 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.