Northern District of New York

ALBANY, NEW YORK – Feast American Diners LLC and Dawood “David” Beshay, the corporate owner and managing member of multiple Denny’s restaurants throughout Arizona and New York, including locations in Syracuse, Auburn, Camillus, Cicero, and Watertown, will pay $2 million to resolve allegations that Beshay falsely certified that Feast American Diners was eligible for a Restaurant Revitalization Fund (RRF) grant when he knew or should have known that his company owned and operated too many locations to qualify for the funding, announced United States Attorney Carla B. Freedman.

United States Attorney Freedman stated: “The Restaurant Revitalization Fund was meant to provide a financial lifeline to restaurants and other eligible entities that were struggling to stay afloat during the COVID-19 pandemic.  Feast American Diners and Dawood Beshay are paying a steep price for falsely certifying their eligibility for these funds.”

Congress enacted the American Rescue Plan Act, in March 2021, as a continuation of the federal government’s efforts to provide relief to American individuals and businesses suffering the economic and public health effects of the pandemic.  The Act allocated $28.6 billion toward an RRF, to be administered by the United States Small Business Administration (SBA), that could grant qualifying restaurants and other “eligible entities” monetary awards equal to revenue losses caused by the pandemic.  Any restaurant that owned or operated more than 20 locations as of March 13, 2020 was not eligible for an RRF grant.

In April 2021, SBA released guidelines for completing RRF applications.  The guidance reiterated that an entity was not an “eligible entity” if it owned or operated more than 20 locations as of March 13, 2020.  At various points throughout the guidance, SBA explained that a restaurant was in “operation” if it was “making sales.”

In the settlement agreement, Feast American Diners and Beshay admit, acknowledge, and accept responsibility for the following facts:  In May 2021, Beshay applied for an RRF grant on behalf of Feast American Diners, in the amount of $928,554.  One of the questions on the application asked whether Feast American Diners owned or operated more than 20 locations as of March 13, 2020, to which Feast American Diners responded “no.”  That same question indicated that an applicant who responded “yes” would not be eligible for the grant.  Later in the application, Beshay affixed his initials next to the following statement: “The Applicant, together with its affiliates, does not own or operate more than 20 locations.”  In fact, Feast American Diners owned 21 Denny’s locations as of March 13, 2020 and each of those locations made sales that day, facts that Beshay acknowledges that he should have known.

“Those who provide false information for the purpose of receiving and retaining SBA program funds meant for eligible small businesses will be held accountable,” said SBA Office of Inspector General (OIG) Eastern Region Special Agent in Charge Amaleka McCall-Brathwaite.  “Today’s settlement sends a strong message that those responsible will be brought to justice.  I want to thank the U.S. Department of Justice and our law enforcement partners for their dedication and pursuit of justice.”

The investigation began in December 2022, when a whistleblower filed a qui tam complaint under seal in the United States District Court for the Northern District of New York.  When a whistleblower, or “relator,” files a qui tam complaint, the False Claims Act requires the United States to investigate the allegations and elect whether to intervene and take over the action or to decline to intervene and allow the relator to go forward with the litigation on behalf of the United States.  The relator is generally able to then share in any recovery.  Pursuant to the settlement agreement, the relator will receive $200,000 of the settlement.

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, SBA-OIG, and SBA’s Office of General Counsel.  The United States was represented by Assistant United States Attorney Adam J. Katz.

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

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

SYRACUSE, NEW YORK – Jose Cintron, age 26, of Syracuse, was sentenced today to serve 151 months (over 12 years) in federal prison for his convictions for possessing with intent to distribute fentanyl and unlawfully possessing a firearm as a convicted felon, 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, Cintron admitted that on July 5, 2022, he possessed over 1,700 grams of a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance, inside a relative’s apartment and his vehicle, both of which were in Syracuse, New York. Cintron intended to distribute the fentanyl to others. Cintron also admitted that on that same date he knowingly possessed in his apartment a loaded 9 mm handgun and 4 rounds of 9 mm caliber ammunition.  A prior felony conviction for criminal possession of a controlled substance prevented Cintron from legally possessing a firearm in New York.

United States District Judge Glenn T. Suddaby also sentenced Cintron to serve a 5-year term of post-release supervision and ordered him to pay a $200 special assessment.

This case was investigated by the United States Drug Enforcement Administration (DEA), with assistance from the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Onondaga County District Attorney’s Office, the Syracuse Police Department, and the Metro-Jefferson Drug Task Force and was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

ALBANY, NEW YORK – Jeffrey C. Civitello, Sr., age 52, of Schenectady, New York, was sentenced today to 120 months in prison for conspiring to traffic about 15 kilograms of cocaine in March and April 2021.

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.

Civitello Sr. and his son Jeffrey C. Civitello Jr., both of Schenectady, and Richard D. Sinde, of Fort Lee, New Jersey, were convicted on all counts following an 8-day trial in April 2023. 

United States Attorney Carla Freedman stated: “Today’s sentencing will keep Schenectady safe from someone who worked with his own son and experienced drug traffickers from the New York City area to transport large amounts of cocaine to Schenectady. I commend the DEA and its task force members for bringing this sophisticated drug dealer to justice.”

DEA Special Agent in Charge Frank Tarentino stated: “Jeffrey Civitello Sr. and his five-man conspiracy used a sophisticated trafficking ring to push cocaine throughout the streets of Schenectady.  This sentencing is a prime example of how the proximity to New York City helps fuel drug trafficking organizations throughout the state and the northeast.  New York City is the finance capital of the world to include drug cartels using it as a transit hub for poison.  I applaud our law enforcement partners for their steadfast efforts to bring Civitello Sr. and his co-conspirators to justice.”

The trial evidence demonstrated a conspiracy between five men: the three defendants on trial, as well as Christopher J. Kelly, of Brooklyn, New York, and Robert J. Ingrao, of Lodi, New Jersey. 

As part of the conspiracy, Kelly delivered 3 kilograms of cocaine to Civitello Sr. in Schenectady on March 29, and Kelly and Sinde an additional 3 kilograms to Civitello Sr. on March 31. Also on March 31, the Civitellos ordered more cocaine and suggested that Kelly use a 2018 Jeep Grand Cherokee owned by Civitello Jr., which contained, in its trunk, a sophisticated, hidden compartment, also known as a “trap.” Unbeknownst to the conspirators, the DEA had placed a court-authorized tracker on the Jeep several months prior, as part of an investigation of Civitello Jr.

Sinde then drove the Jeep from Schenectady to Fort Lee, and the following evening met Kelly in Breezy Point, New York, on the Rockaway Peninsula, where Kelly and Sinde loaded up the Jeep’s hidden compartment with 9 kilograms of cocaine to be delivered the following day to the Civitellos in Schenectady. 

The following day, on April 2, 2021, Ingrao went to Sinde’s house and got into the blue Jeep, driving it north on Interstate 87.  A New York State Police Trooper, at the DEA’s request, conducted a stop on Ingrao in Greene County.  The Trooper then located 9 kilograms of cocaine in the Jeep’s hidden compartment.

As part of the conspiracy, the Civitellos were arranging for a “trap” to be installed in another Jeep used by Sinde, so that Sinde could continue to traffic drugs to the Civitellos after Kelly went to state prison for a prior cocaine case; they abandoned that plan following the seizure of 9 kilograms of cocaine from Civitello Jr.’s Jeep on April 2.

United States District Judge Mae A. D’Agostino also ordered Civitello Sr. to serve a 5-year term of supervised release and to forfeit $240,000. In 1999, Civitello Sr. was convicted in federal court of conspiring to distribute cocaine and money laundering, and received a 72-month term of imprisonment.

Civitello Jr. is scheduled to be sentenced on December 12, and Sinde is scheduled for sentencing on December 19.

On July 28, 2023, Judge D’Agostino sentenced Ingrao to 37 months in prison, with 3 years of supervision to follow. On August 21, she sentenced Kelly to 41 months in prison, to be followed by a 4-year term of supervised release, and to pay a $25,000 fine.

This case was 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 C. Segovia are prosecuting this case.

ALBANY, NEW YORK – Jeffrey C. Civitello Jr., age 24, of Schenectady, New York, pled guilty today to conspiring to traffic 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.

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.  In pleading guilty, 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. 

Sentencing is scheduled for March 5, 2024 before United States District Judge Mae A. D’Agostino.  The parties have jointly recommended to Judge D’Agostino that Civitello Jr. receive a 10-year term of imprisonment, with half of the term running consecutive to the term of imprisonment to be imposed in a separate cocaine case in which Civitello Jr. faces at least 10 years in prison after being convicted at trial.

Civitello Jr. has already forfeited the $407,545 in cash found in his safe, and has also agreed to forfeit the firearms, ammunition and the Miami Cuban chain, and to entry of a $250,000 money judgment against him.

This case was 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. Attorney Michael Barnett is prosecuting this case.

SYRACUSE, NEW YORK – Patrick Dai, age 21, a junior at Cornell University who is originally from Pittsford, New York, was arrested today on a federal criminal complaint charging him with posting threats to kill or injure another using interstate communications. The announcement was made by United States Attorney Carla B. Freedman; Alfred Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); New York State Police Acting Superintendent Dominick L. Chiumento; and Cornell University Police Chief Anthony Bellamy.

The complaint alleges that Dai posted threatening messages to the Cornell section of an online discussion site, including posts calling for the deaths of Jewish people and a post that said “gonna shoot up 104 west.” According to information provided by Cornell University Police and other public information, 104 West is a Cornell University dining hall that caters predominantly to Kosher diets and is located next to the Cornell Jewish Center, which provides residences for Cornell students. In another post, Dai allegedly threatened to “stab” and “slit the throat” of any Jewish males he sees on campus, to rape and throw off a cliff any Jewish females, 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.” The charges and the allegations in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Dai carries a maximum term of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  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.

Dai is expected to make his initial appearance tomorrow in federal court in Syracuse, New York, before a United States Magistrate Judge.

The FBI’s Joint Terrorism Task Force (JTTF), which includes the New York State Police, is investigating this case along with the Cornell University Police Department and the Ithaca Police Department. The United States Attorney’s Office for the Northern District of New York is prosecuting the case, in conjunction with the Counterterrorism Section of the Department of Justice.

ALBANY, NEW YORK – Christopher Thomas, age 40, of Colonie, New York, was sentenced today to 480 months (40 years) in prison for sex trafficking minors and related offenses.

United States Attorney Carla B. Freedman; Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police (NYSP) Acting Superintended Dominick L. Chiumento made the announcement. 

Thomas was convicted on March 24, 2023, after a 5-day jury trial.  The trial evidence established that between 2018 and 2020, Thomas trafficked and exploited victims, including minors as young as 16, whom he recruited to work in commercial sex for his financial benefit.  His crimes spanned New York, Vermont, Connecticut and Massachusetts. Thomas was convicted on 16 counts total, including sexual exploitation of a child, distribution of child pornography, and tampering with a witness.

United States Attorney Carla Freedman said: “Christopher Thomas targeted vulnerable children and young women, and profited from their desperation by manipulating, coercing and forcing them to engage in commercial sex acts. Today’s sentence means he will never do that again. With our law enforcement partners, we will continue to investigate and prosecute sex trafficking organizations and help victims reclaim their lives.”

FBI Acting Special Agent in Charge Alfred Watson said: “Christopher Thomas preyed on young girls and women and forced them into a dangerous life of drugs, abuse, and prostitution. Today, our thoughts are with the incredibly brave victims in this case who courageously came forward to regain control of their lives and help put this heinous criminal in prison for many years. FBI Albany’s Human Trafficking and Child Exploitation Task Force will continue to work with the United States Attorney’s Office and our law enforcement partners at every level to seek justice for the victims of sex trafficking.”

Acting State Police Superintendent Dominick Chiumento stated, “The State Police and our law enforcement partners have zero tolerance for those who prey on innocent children and exploit them for their gain. This sentence reflects the severity of the crimes and our commitment to finding justice for our most vulnerable victims. While these types of investigations are often difficult for those who work on them, the evidence they gathered and the outstanding work done by our State Police personnel and our law enforcement partners led to this conviction and ensures that this individual will be held accountable for his reprehensible actions.”

United States District Judge Mae A. D’Agostino also sentenced Thomas to a life term of post-imprisonment supervised release. Thomas will also have to register as a sex offender upon his release from prison.

In imposing sentence, Judge D’Agostino told Thomas, “It takes a very special kind of evil to sex traffic children and not just children but the most vulnerable people in society and that’s what you did.” She continued, “You consider these people useless, throwaways. In your mind they are of no value. But they were someone’s child, sister, granddaughter and they had as much a right to live a life free of this type of abuse as anyone else.”

In addition to the FBI and NYSP, the Colonie Police Department, Albany County Sheriff’s Office and Albany Police Department assisted in investigating the case.  Assistant United States Attorney Katherine Kopita and former Assistant United States Attorney Rachel Williams prosecuted the case.

ALBANY, NEW YORK – Michael C. McDermott, age 30, of Troy, New York, pled guilty today to stealing six firearms from a federally licensed dealer. United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Chief Gina F. Cocchiara of the Bethlehem Police Department made the announcement.

McDermott admitted to forcing his way into the Glenmont Walmart on May 10, 2022, while it was closed overnight, smashing the glass gun case, and stealing six firearms. McDermott also admitted that when employees chased him into the woods, he pointed a firearm at them. 

United States District Judge Anne M. Nardacci will sentence McDermott on February 26, 2024.  The conviction carries a maximum term of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The ATF and Bethlehem Police Department investigated the case. Assistant U.S. Attorney Jonathan S. Reiner is prosecuting the case.

ALBANY, NEW YORK – Four men from Fort Lauderdale, Florida – Joshua Mallory, age 38; Tyrone Parker Jr., age 24; Gary Grier, age 37; and Robert Natson, age 37 – have been sentenced to federal prison after previously pleading guilty to conspiracy to commit bank fraud and related charges. United States Attorney Carla B. Freedman; James Smith, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI); and Putnam County Sheriff Kevin J. McConville made the announcement.

All four defendants pled guilty to conspiracy to commit bank fraud, and Mallory, Grier, and Parker Jr. also pled guilty to aggravated identity theft. In previously pleading guilty, the defendants admitted that they were involved in a fraud scheme known as “Felony Lane Gang” at various times between 2015 and 2020. These defendants and their co-conspirators traveled across the country breaking into cars, often targeting those parked by women at locations such as health and fitness centers, daycares, outdoor recreational parks and dog parks. They stole debit cards, credit cards, checkbooks and photo identifications in these “smash-and-grab” vehicle thefts, and they used these stolen items to commit bank fraud by recruiting women to impersonate the smash-and-grab victims and cash checks in drive-through bank lanes. The recruited check cashers were almost always suffering from an addiction to controlled substances and were provided payment at least partially in drugs. The total loss amount from the conspiracy was over $1 million, with individual co-conspirators held responsible for portions of that loss.

• Mallory was sentenced on October 27, 2023 to 80 months’ imprisonment and was ordered to pay restitution in the amount of $364,989.56, along with a forfeiture money judgment of $17,183.90. He was also ordered to serve a 5-year term of supervised release after completing his term of imprisonment.

• Parker Jr. was sentenced on October 20, 2023 to 65 months’ imprisonment and was ordered to pay restitution in the amount of $81,737.00, along with a forfeiture money judgment of $8,630. He was also ordered to serve a 5-year term of supervised release.

• Natson was sentenced on October 4, 2023 to 46 months’ imprisonment and was ordered to pay restitution in the amount of $34,400, along with a forfeiture money judgment of $4,352. He was also ordered to serve a 4-year term of supervised release.

• Grier was sentenced on August 25, 2023 to 51 months’ imprisonment and was ordered to pay restitution in the amount of $163,964, along with a forfeiture money judgment of $1,880. He was also ordered to serve a 3-year term of supervised release.

Five other defendants were charged in the indictment, all of whom have pled guilty and some of whom have previously been sentenced, as follows:

• Tyrone Parker (the father of Tyrone Parker, Jr.), age 41, of Fort Lauderdale, Florida, was sentenced on February 13, 2023 to 57 months’ imprisonment and was ordered to pay restitution in the amount of $132,990, along with a forfeiture money judgment of $7,202. He was also ordered to serve a 3-year term of supervised release.

• Terrell McDonald, age 32, of Troy, New York, was sentenced on March 13, 2023 to 65 months’ imprisonment and was ordered to pay restitution in the amount of $133,190, along with a forfeiture money judgment of $17,648.28. He was also ordered to serve a 3-year term of supervised release.

• Randall Taylor, age 37, of Fort Lauderdale, pled guilty on June 1, 2023 to conspiracy to commit bank fraud and aggravated identity theft, and he is scheduled to be sentenced on December 5, 2023 by United States District Judge Mae A. D’Agostino, who presides over the case.

• Cedric Lynch, age 38, of Orlando, Florida, pled guilty on June 23, 2023 to conspiracy to commit bank fraud and aggravated identity theft, and he is scheduled to be sentenced on November 22, 2023.

• Keyshawn Arnold, age 27, of Schenectady, New York, pled guilty on August 4, 2021 to conspiracy to commit bank fraud and aggravated identity theft, and he is scheduled to be sentenced on November 20, 2023.

This case was investigated by the FBI Westchester Resident Agency of the New York Field Office and the Putnam County Sheriff’s Department, with assistance from the FBI Field Offices in Albany, Miami, and Salt Lake City, and Resident Agencies in Savannah, Georgia, and Portland, Maine, and from the U.S. Attorney’s Office for the District of Maine, the Saratoga County District Attorney’s Office, and the Ulster County District Attorney’s Office.  Additional assistance was provided by numerous law enforcement agencies, including, within New York, the New York State Police; Columbia County Sheriff's Office; Genesee County Sheriff’s Office; Monroe County Sheriff’s Office; Saratoga County Sheriff’s Office; Warren County Sheriff’s Office; and the police departments of the Town of Bethlehem; Glens Falls; Gloversville; Greenburgh; Greece; and Watervliet; and elsewhere, Connecticut State Police; Florida Department of Law Enforcement; Georgia State Patrol; Illinois State Police; Massachusetts State Police; Broward County, FL Sheriff’s Office; Northern York County, PA Regional Police; Southern Chester County, PA Regional Police; Utah County, UT Sheriff's Office; and the police departments of Auburn, MA; Bath, ME; Biddeford, ME; Bozeman, MT; Brunswick, ME; Caernarvon Township, PA; Chester Township, PA; Cinnaminson, NJ; Darien, CT; East Norriton Township, PA; Easthampton, MA; Greenwich, CT; Lower Moreland Township, PA; Manheim Township, PA; Portland, ME; Portsmouth, NH; Saco, ME; Salisbury, MA; Sanford, ME; Scarborough, ME; Somersworth, NH; South Portland, ME; St. George, UT; Syracuse, UT; Tinicum, PA; Towamencin, PA; Tewksbury, MA; Wakefield, MA; Yarmouth, ME; and York, ME.

Assistant United States Attorneys Matthew J. McCrobie, Michael F. Perry and Paul Tuck are prosecuting the case. 

ALBANY, NEW YORK – Martin Taft, age 48, of Salem, New York, pled guilty today to one count of theft of firearms from a licensed dealer and one count of using firearms during and in relation to a drug trafficking crime.

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); New York State Police (NYSP) Acting Superintendent Dominick Chiumento; and Washington County Sheriff Jeffrey J. Murphy made the announcement.

Taft admitted to stealing firearms from Calamity Jane’s Firearms and Fine Shoes, a federally licensed firearms dealer, in Hudson Falls, New York, on October 21, 2022.  Taft and co-conspirator Jonathon Combs used a sledgehammer to break into the store when it was closed and steal 31 semi-automatic pistols.  Taft and Combs then exchanged most of the stolen pistols to another individual in return for cocaine that they intended to distribute.

Taft faces at least 5 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years when he is sentenced by United States District Judge Anne M. Nardacci on February 24, 2024.  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.

On April 27, 2023, Combs pled guilty to the same charges as Taft, as well as an additional count of theft of a firearm from a licensed dealer.  Combs faces the same minimum and maximum penalties as Taft when he is sentenced on November 28, 2023.

The following defendant still faces charges in this case, which carry the following penalties:

Name

Age

Minimum

Maximum

Kwahpreme Mitchell

32

5 years

Life

The charges against Mitchell are merely accusations.  Mitchell is presumed innocent unless and until proven guilty.

NYSP, ATF and the Washington County Sheriff’s Office investigated this case with assistance provided by the Washington County District Attorney’s Office.  Assistant U.S. Attorneys Emmet O’Hanlon and Allen J. Vickey are prosecuting this case.

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

ALBANY, NEW YORK – Gregory Kurzajczyk, age 76, of East Durham, New York, was convicted today of four counts of child pornography possession, after a 3-day jury trial. 

United States Attorney Carla B. Freedman and Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

The trial evidence showed that Kurzajczyk had prior federal convictions for receiving and distributing child pornography, and was sentenced in January 2017 to 72 months in prison and a life term of supervised release.

Kurzajczyk was released from prison in October 2021 and returned home to Greene County under the supervision of the United States Probation Office.

During a routine home visit on February 16, 2022, a United States Probation Officer saw an unauthorized laptop computer in plain view in Kurzajczyk’s bedroom, which led to the discovery of two more unauthorized laptops, and dozens of other unauthorized computer devices, many of them hidden under the covers of Kurzajczyk’s bed. Two laptops and two USB drives each contained a large amount of child pornography, including image and video files depicting the sexual abuse of small children.

Sentencing is scheduled for February 23, 2024, at which time Kurzajczyk faces at least 10 years and up to 20 years in prison, and at least 5 years and up to a life term of supervision.  Kurzajczyk also faces up to 2 more years in prison for violating his supervised release conditions.

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. Kurzajczyk will also be required to forfeit the electronic devices he used to commit his crimes, to pay restitution to victims, and to register as a sex offender upon his release from prison.

The United States Probation Office for the Northern District of New York initiated this investigation, and the case was also investigated by FBI Albany’s Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department and the New York State Police.  Assistant United States Attorney Michael Barnett is prosecuting this case as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Noah Felice, age 71, was sentenced to one month incarceration for lying to the Federal Aviation Administration (FAA), announced United States Attorney Carla B. Freedman, Christopher A. Scharf, Special Agent in Charge, Northeastern Region of the U.S. Department of Transportation-Office of Inspector General, and Christopher F. Algieri, Special Agent in Charge of the Northeast Field Office of the Department of Veterans Affairs-Office of Inspector General.

Felice was previously convicted after a jury trial in December 2022. At the trial, evidence was presented that proved that in September 2017, Felice submitted to the FAA an application for an airman medical certificate, which is a certificate demonstrating that a pilot is medically fit to fly an aircraft.  On the application, Felice stated that he had no history of criminal convictions and was not receiving medical disability benefits. In fact, Felice had four prior misdemeanor convictions, two of which were for lying about his criminal history on state and local forms.  Felice also was receiving several thousand dollars a month from the Department of Veterans Affairs because he had been diagnosed with post-traumatic stress disorder.

United States District Court Judge Glenn T. Suddaby also sentenced Felice to serve three years of supervised release following his term of incarceration. As a condition of that release, Felice will be required to remain in home confinement for three months.

This case was investigated by the Department of Transportation-Office of Inspector General and the Department of Veterans Affairs-Office of Inspector General, and was prosecuted by Assistant U.S. Attorneys Thomas Sutcliffe and Paul Tuck. 

SYRACUSE, NEW YORK – Harry Rodriguez, Jr., age 43, of Utica, New York, was sentenced today to serve 84 months in federal prison for his convictions for two counts of possession with intent to distribute fentanyl, announced 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 previous guilty plea, Rodriguez admitted that on July 21, 2021, he purchased approximately 36 grams of fentanyl for redistribution. He also admitted that on September 14, 2021, he purchased approximately 50 grams of fentanyl for redistribution.  

United States District Judge David N. Hurd also imposed a 3-year term of post-release supervision and a $200 special assessment.

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

SYRACUSE, NEW YORK – Chad Srogi, age 40, of Vernon, New York was sentenced today to serve 25 years in federal prison for distributing, transporting, and possessing child pornography. United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and New York State Police Acting Superintendent Dominick Chiumento made the announcement.

In previously pleading guilty, Srogi admitted that he distributed and transported child pornography on multiple social media platforms in 2018 and possessed more than a hundred child pornography files in October 2019. He also admitted that, in 2007, he was convicted in Florida of Promoting the Sexual Performance of a Child and Possessing Material Depicting the Sexual Performance of a Child.

In addition to the 300-month imprisonment term, United States District Judge Glenn T. Suddaby also imposed a 25-year term of supervised release to begin after Srogi serves his term of imprisonment. Srogi also will be required to register as a sex offender upon his release from prison and was ordered to pay restitution totaling $9,000 to the identified victims of his offenses.

This case was investigated by U.S. Homeland Security Investigations (HSI) and the New York State Police (Troop D Bureau of Criminal Investigation (BCI) and the Computer Crimes Unit) and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood.

Project Safe Childhood is a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBANY, NEW YORK – Nine defendants have been indicted and arrested for their roles in a drug trafficking organization that distributed large quantities of cocaine and fentanyl in Kingston, Ellenville and other areas of Ulster County. 

The announcement was made by United States Attorney Carla B. Freedman; Ivan J. Arvelo, Special Agent in Charge of Homeland Security Investigations (HSI), New York; and Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT).

The organization is alleged to have distributed kilogram quantities of cocaine and fentanyl between March 2021 and January 2023, in Kingston, Ellenville and other areas of Ulster County.  In executing search warrants on multiple residences in Ellenville, White Plains, the Bronx and Manhattan, law enforcement seized approximately 4 kilograms of fentanyl, 500 grams of cocaine, $600,000 in drug proceeds, and five firearms. The charges in the indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty.

United States Attorney Carla Freedman stated: “With today’s arrests we have dismantled an organization that brought large quantities of cocaine and fentanyl into the Hudson Valley. This case is the result of the close collaboration among federal, state and local law enforcement agencies that produces successful and significant drug trafficking prosecutions in Ulster County.”

HSI Special Agent in Charge Ivan Arvelo stated: “These 9 individuals are accused of drug-related crimes, all of which were allegedly part of their unlawful pursuit of money and power. But that ends today. HSI New York is proud to have partnered with the Ulster County Sheriff’s Office and New York State Police. Our shared commitment toward accomplishing our ultimate goal — justice — knows no bounds.”

Ulster County Sheriff Juan Figueroa stated: “Today’s operation is the culmination of hard work and collaboration between the U.S. Attorney's Office for the Northern District of New York, the Department of Homeland Security Investigations, the Ulster County Sheriff's Office, New York State Police, Ulster County District Attorney's Office and our Ulster Regional Gang Enforcement Task Force. Today we dismantled a drug trafficking organization that would have continued to distribute fentanyl in New York City, Westchester County and the Hudson Valley that could have killed people. The crimes associated with this organization and the negative impact they had on our communities cannot be understated. Great job to all of the agencies involved.”

The defendants arrested to date, all of whom are charged with conspiracy to distribute and possess with intent to distribute controlled substances, would face the following minimum and maximum terms of imprisonment upon conviction:

Name

Age

Residence

Minimum Term of Imprisonment

Maximum Term of Imprisonment

Christopher Baez, aka “Butta”

45

Manhattan, New York

10 years

Life

Joseph Logan, aka “Jazz” aka “Jabb”

32

Ellenville, New York

5 years

40 years

Joshua Morales, aka “Young”

34

Ellenville

5 years

40 years

Joshua Atkinson, aka “Swaggs”

26

Ellenville

10 years

Life

Luis Santiago, aka “Banks”

35

Ellenville

10 years

Life

Frankie Maldonado Jr.

36

Ellenville

5 years

40 years

Justin Torres

35

Ellenville

5 years

40 years

Erkan Denix, aka “E” aka “Ed”

38

Ellenville

5 years

40 years

Daryl Livingston, aka “Whiz”

35

Huguenot, New York

None

20 years

Additionally, Deniz is charged with possession with intent to distribute cocaine, Atkinson is charged with distribution of cocaine and fentanyl, and Santiago is charged with possession with intent to distribute cocaine and fentanyl.

This case is being investigated by HSI; the Ulster County Sheriff’s Office in conjunction with URGENT (the Ulster Regional Gang Enforcement and Narcotics Team), an inter-agency taskforce targeting drug dealers and gang members in Ulster County; the New York State Police; the Village of Ellenville Police Department; and the White Plains Police Department, with assistance from the Ulster County District Attorney’s Office.   Assistant U.S. Attorneys Emmet O’Hanlon and Ashlyn Miranda are prosecuting this 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.

SYRACUSE, NEW YORK – Ejembi Onah, age 60, of Ithaca, New York, was convicted yesterday at the conclusion of a non-jury trial of two counts of wire fraud and three counts of transacting in criminally derived property for fraudulently obtaining two Paycheck Program (PPP) loans during the pandemic, receiving over $140,000 in loan proceeds, and spending those proceeds, among other things, in three separate transactions each exceeding $10,000.

United States Attorney Carla B. Freedman; Thomas Fattorusso, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (IRS-CI); and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

PPP loans were United States Small Business Administration (SBA)-guaranteed, forgivable loans authorized in the Coronavirus Aid Relief, Economic Security (CARES) Act, which was enacted in March 2020 to provide emergency financial assistance to Americans suffering adverse economic effects from the COVID-19 pandemic.

The government’s evidence at trial established that Onah submitted two fraudulent PPP loan applications to two different lenders in June 2020. Each application included false information about the payroll and number of employees at Onah’s company, which he claimed was engaged in a seasonal nanotechnology business, and were supported by falsified tax returns. Onah spent the more than $140,000 he received to, among other things, pay back rent at his personal residence, lease a luxury car, and fund his expenses of daily living.

Sentencing is scheduled for February 15, 2024. Onah faces up to 20 years’ imprisonment for each wire fraud count and up to 10 years’ imprisonment for each money laundering count, a term of post-imprisonment supervised release of up to three years, restitution to the victims, and a fine of up $250,000 per count. A defendant’s sentence is imposed by a judge based on the statutes the defendant violated, the U.S. Sentencing Guidelines, and other factors.

In addition, the Court found during the trial that Onah must forfeit to the United States over $140,000 in loan proceeds and an additional nearly $100,000 of those proceeds that he spent in three different transactions exceeding $10,000 each.

HSI and IRS-CI investigated the case. The case is being prosecuted by Assistant United States Attorneys Michael D. Gadarian and Joshua R. Rosenthal.

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 – Dean Picariello, age 33, of Valhalla, New York, was sentenced today to 300 months (25 years) in prison for attempting to entice a minor to engage in unlawful sexual activity and committing a felony offense involving a minor while required to register as a sex offender. 

United States Attorney Carla B. Freedman and Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

As part of his earlier guilty plea, Picariello admitted that on November 4, 2020, he initiated a conversation with someone he believed to be a 12-year-old girl in a teen chat group on a popular social media messaging application. Picariello engaged in sexually explicit conversation with the person, graphically describing the sex acts he would perform on the 12-year-old child when they met in person.  In late November, Picariello began exchanging sexually explicit text messages with a second person posing as the 12-year-old girl’s 11-year-old cousin.  On December 3, 2020, Picariello arranged to travel from Valhalla to Menands, to meet and have sex with the pre-teen cousins. When Picariello arrived at the prearranged meeting location in Menands, he was encountered by law enforcement officers and arrested.

Picariello has two prior New York State convictions for rape in the third degree, each involving a victim less than 17 years old.

United States District Judge Glenn T. Suddaby also imposed a life term of post-release supervision and ordered Picariello to forfeit the Samsung cellular phone he used to commit his crimes.  Picariello will also be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI Albany’s Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department.  Assistant United States Attorney Allen J. Vickey and Rachel Williams prosecuted the case as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – JoAnne Natalie, age 65, of Saratoga Springs, New York, was sentenced today to serve 3 months in jail for misappropriating the funds of a veteran as his appointed fiduciary. United States Attorney Carla B. Freedman and Christopher F. Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs (VA) Office of Inspector General, made the announcement.

In previously pleading guilty, Natalie admitted that after being appointed as a fiduciary for a veteran, between September 2019 and January 2021, she stole $50,174.42 of the veteran’s VA benefits by using the benefits, which were deposited into the veteran’s bank account, for her own personal ends. She also admitted to willfully neglecting and failing to submit required accountings to the VA.

United States District Judge Glenn T. Suddaby also sentenced Natalie to 2 years of supervised release, including 3 months of home detention, following her term of incarceration, and ordered her to pay restitution to the estate of the veteran.

The VA Office of Inspector General investigated the case, and Assistant U.S. Attorney Alexander P. Wentworth-Ping prosecuted the case.

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

ALBANY, NEW YORK – Five people have been indicted and arrested in connection with a bank fraud conspiracy targeting SEFCU, now Broadview Federal Credit Union.  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. 

According to the indictment, court filings, and statements made by prosecutors in court, between February and October 2022, the conspirators obtained customer account information from Caeshara Cannon, age 33, of Albany, formerly a Member Services Representative at SEFCU.  They used that information to create counterfeit checks, which were presented for negotiation at SEFCU branches. The conspirators also obtained personal identifying information of other people, which they used to fraudulently obtain loans from SEFCU and then withdraw the proceeds in cash.  The conspirators used fake New York State driver’s licenses, with pictures of the conspirators but bearing the personal identifying information of others, during the loan application process. The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

The following individuals were charged in the indictment handed up September 21, 2023:

• Allahson Allah, formerly known as Gwyn Cancer, age 53, of Albany, is charged with one count of conspiracy to commit bank fraud and two counts of aggravated identity theft.
• Evan Cutler, age 24, of Queensbury, New York, is charged with one count of conspiracy to commit bank fraud and four counts of aggravated identity theft.
• Dnauticah Taylor-Sterman, age 21, of Albany, is charged with one count of conspiracy to commit bank fraud and one count of aggravated identity theft.
• Davon Parson, age 20, of Troy, New York, is charged with one count of conspiracy to commit bank fraud and two counts of aggravated identity theft.

In addition, Cannon was previously arrested and pled guilty on September 14, 2023 to one count of conspiracy to commit bank fraud and one count of aggravated identity theft.

A conviction for conspiracy to commit bank fraud carries a term of up to 30 years in prison, and a conviction for aggravated identity theft carries a mandatory term of imprisonment of 2 years, which must be imposed consecutive to any term of incarceration imposed for the bank fraud offense.  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.

HSI is investigating the case, with assistance from the Bethlehem Police Department.  Assistant United States Attorney Benjamin S. Clark is prosecuting this case.

ALBANY, NEW YORK – Juan Manuel Rivera-Aguilar, age 36, of Hixson, Tennessee, pled guilty today to conspiring to transport aliens for financial gain.

United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.

Rivera-Aguilar admitted that on April 1, 2023, he and German Ojeda-Solano drove to the U.S. side of the international border with Canada in Mooers, New York, seeking to pick up three people who had recently crossed over the border on foot without authorization.  When Rivera-Aguilar and Ojeda-Solano saw U.S. Border Patrol agents searching for the people in the woods, Ojeda-Solano reversed the vehicle and began travelling south.  Shortly thereafter, agents stopped their vehicle and arrested Rivera-Aguilar and Ojeda-Solano.  Rivera-Aguilar admitted that he expected to be paid for transporting the three people to a destination in the United States.

On September 18, 2023, Ojeda-Solano pled guilty to conspiring to transport aliens for financial gain, and was sentenced to 6 months’ imprisonment by Chief United States District Judge Brenda K. Sannes.

Sentencing for Rivera-Aguilar is scheduled for February 2, 2024, before Chief Judge Sannes.  Rivera-Aguilar faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Border Patrol investigated this case.  Assistant U.S. Attorney Emmet O’Hanlon is prosecuting this case.

SYRACUSE, NEW YORK – Nay Thar, age 25, of Utica, New York, pled guilty today to committing the armed robbery of a restaurant in Utica, and use of an unregistered sawed-off shotgun to commit the robbery, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Mark Williams, City of Utica Police Department.

As part of his guilty plea, Thar admitted that on August 5, 2022, he used an unregistered short-barreled shotgun to rob the Zam Zam Restaurant in Utica. Upon entering the restaurant wearing a ski-mask, Thar pointed the shotgun at an employee and demanded she open the cash register. After she fled to the rear of the restaurant, Thar stole a donation box from a charity on the counter, exited the building, and fled in a car. New York State Parole officers who happened to be in the area responded with Utica Police. After a short vehicle pursuit, Thar was taken into custody by Utica police. The ski-mask, unregistered shotgun, and stolen money were recovered from the car Thar was driving.

Sentencing is scheduled for February 7, 2024, in Syracuse, New York, at which time Nay Thar faces a sentence of up to 20 years in prison, and a fine of up to $250,000.00 for his conviction for Interference with Commerce through Robbery (Hobbs Act Robbery). He faces a mandatory consecutive sentence of ten-years imprisonment, and a fine of up to $250,000.00 for his conviction for using an unregistered sawed-off shotgun to commit a federal crime of violence. Thar also faces a term of post-incarceration supervised release of up to 5 years following 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 United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Utica Police Department (UPD), and the New York State Police (NYSP) are investigating the case. Assistant U.S. Attorney Richard Southwick is prosecuting (with assistance from the Oneida County District Attorney’s Office) the case as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

SYRACUSE, NEW YORK – Bruce Wakker, age 68, of Syracuse, was convicted yesterday of attempting to entice a minor into engaging in unlawful sexual activities and attempting to transfer obscene materials to a minor, following a 3-day trial. United States Attorney Carla B. Freedman and Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

The trial evidence established that from November 2019 to June 2020, Wakker exchanged thousands of sexually explicit text messages with people he believed to be a 9-year-old girl and her mother, respectively. In these text messages, Wakker, among other things, discussed performing different sexual acts with the 9-year-old and sent the 9-year-old pictures of his genitalia.  Wakker arranged to meet with the presumed mother and 9-year-old in person.  On June 11, 2020, he traveled from Syracuse to New York Mills, New York, for the purpose of engaging in sexual intercourse with the 9-year-old. Wakker was arrested shortly after his arrival.

Sentencing is scheduled for February 28, 2024, before United States District Judge Glenn T. Suddaby in Syracuse, at which time the defendant faces a minimum term of imprisonment of 10 years, a maximum term of life, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. He will also have to register as a sex offender. The 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 Child Exploitation Human Trafficking Task Force investigated this case. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and the Colonie Police Department. Assistant U.S. Attorneys Carling Dunham and Douglas Collyer prosecuted this case.

This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.

ALBANY, NEW YORK – Mana Sambola a/k/a “Coffee,” age 41, a citizen of Liberia residing in Saratoga Springs, New York, was indicted for possessing two firearms and four boxes of ammunition as a previously convicted felon.  Christopher Krom, age 36, of Lake Luzerne, New York, was indicted for acting as a straw purchaser for one of Sambola’s firearms. 

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

According to the indictment and a previously filed criminal complaint, law enforcement searched Sambola’s apartment on May 22, 2023 and found an Anderson Manufacturing AM15 rifle emblazoned with the names of the Four Horseman of the Apocalypse:  “Death,” “War,” “Famine,” and “Pestilence.”  Investigators also recovered a Glock 43 pistol that Krom purchased on behalf of Sambola, as well as four boxes of ammunition.  Sambola has prior felony convictions related to drugs and weapons, and as a result cannot lawfully possess these firearms or ammunition.  The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

The charge filed against Sambola carries a maximum term of 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  The charges filed against Krom carry a maximum term of 25 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

United States Magistrate Judge Daniel J. Stewart set conditions of release for Krom and ordered Sambola detained pending their trial before United States District Judge Anne M. Nardacci.

HSI is investigating the case with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the Warren County District Attorney’s and Sheriff’s Offices; the New York State Police; and the Saratoga County Sheriff’s Office.  Assistant U.S. Attorney Jonathan S. Reiner is prosecuting the case.

ALBANY, NEW YORK – Zachary Long, age 23, of Scotia, New York, was arrested on September 27 and charged with attempted coercion and enticement of a minor.

United States Attorney Carla B. Freedman and Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

The criminal complaint alleges that between August 22, 2023 and September 27, 2023, Long exchanged text messages with someone in Albany.  In these messages, Long expressed interest in engaging in sexual conduct with a minor child.  Long and the other person discussed plans in which Long would meet the other person at a prearranged location in order to engage in sexual acts with the child.  On September 27, 2023, Long was encountered by law enforcement at the prearranged location and arrested. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty

Long appeared yesterday before United States Magistrate Daniel J. Stewart, who ordered Long detained pending trial.

The charges filed against Long carry a mandatory minimum term of 10 years in prison, a maximum term of life in prison, a fine of up to $250,000, 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. Long would also have to register as a sex offender upon his release from prison.

This case is being investigated by the FBI and its Child Exploitation Task Force, including investigators from the Colonie Police Department, and is being prosecuted by Assistant United States Attorney Allen J. Vickey.

This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice/gov/psc/.

BINGHAMTON, NEW YORK – Randolph Bullock, age 67, of Dryden, New York, was sentenced yesterday to serve 97 months in federal prison for possession of child pornography announced United States Attorney Carla B. Freedman and Acting Special Agent in Charge Alfred Watson of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As a part of his prior guilty plea, Bullock admitted that in January of 2018 and April of 2021, he possessed images of child pornography on three separate devices, including images of prepubescent minors. 

In reaching its sentence, the Court found that the defendant had committed a prior pattern of activity involving the sexual abuse or exploitation of two minor children who were four and six years old at the time of the conduct. 

United States District Court Judge Glenn T. Suddaby also sentenced Bullock to 20 years of supervised release following his term of incarceration, and ordered him to pay restitution of $3,000.00 each to two of the children whose images he possessed.  Upon release from imprisonment, Bullock must also register as a sex offender. 

This case was investigated by the Federal Bureau of Investigation, New York State Police, Tompkins County Sheriff’s Department, Village of Dryden Police Department and the Tompkins County District Attorney’s Office and was prosecuted by Assistant U.S. Attorney Kristen Grabowski as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.

ALBANY, NEW YORK – Eloy Vargas, age 60, a resident of Georgia, was sentenced today to time served (more than 6 months in jail) for the transport of another person illegally present in the United States.  United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.

As part of his previously entered guilty plea, Vargas admitted that in March 2023, he drove from Georgia to Franklin County, New York, to pick up a person illegally present in the United States and transport that person further south into the country.  Specifically, on March 2, 2023, Vargas picked up a Mexican citizen who had illegally crossed into the United States from Canada, and the defendant then stayed at a motel for the night.  The following day, the defendant began driving the Mexican citizen south away from the border; they were then encountered by Border Patrol and arrested.

Border Patrol investigated this case.  Assistant United States Attorney Allen J. Vickey prosecuted the case.

ALBANY, NEW YORK – Andrew O’Connor, age 36, of Cohoes, New York, was sentenced today to 135 months in prison, to be followed by 5 years of supervised release, for trafficking methamphetamine in the Capital Region and obstructing of justice. United States Attorney Carla B. Freedman; Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Ketty Larco-Ward, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service (USPIS), made the announcement.

As part of his guilty plea, O’Connor admitted that he distributed ounce quantities of methamphetamine in Cohoes in March, April, and June 2022, and had a shipment of over one pound of methamphetamine sent to him around June 15, 2022; investigators seized the package before it could reach O’Connor. O’Connor also admitted that after his arrest on federal charges, he contacted a co-conspirator to make arrangements to have the co-conspirator delete the information on several of O’Connor’s cell phones.

This case was investigated by USPIS and the FBI’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies. Assistant U.S. Attorney Dustin C. Segovia prosecuted the case.

ALBANY, NEW YORK – Daniel Quintero, age 38, of Schenectady, New York, was sentenced today to serve 72 months in federal prison for receiving hundreds of images and videos depicting child pornography. 

United States Attorney Carla B. Freedman and Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

As part of his earlier guilty plea, Quintero admitted that from on or about May 1, 2019 through March 2, 2022, he downloaded hundreds of videos and images of child pornography onto multiple electronic devices and a cloud storage account.

United States District Judge Anne M. Nardacci also sentenced Quintero to 10 years of supervised release, to begin following his term of imprisonment.  Quintero was also ordered to forfeit four electronic devices that he used to commit his crimes, and to pay a total of $9,000 in restitution to three victims whose abuse was depicted in the images Quintero possessed. Quintero will also be required to register as a sex offender upon his release from prison.

This case was investigated by FBI Albany’s Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department, Rotterdam Police Department, and the New York State Police.  Assistant United States Attorney Allen J. Vickey prosecuted this 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.

ALBANY, NEW YORK –Fredi Chanchavac-Del Cid, age 34, a citizen of Guatemala, was sentenced today to time served (more than 6 months in jail) for the attempted transport of another person illegally present in the United States.  United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.

As part of his guilty plea, Chanchavac-Del Cid admitted that on March 22, 2023, he drove to Franklin County, New York, and just south of the Canadian border  Shortly thereafter, a Mexican citizen who had just illegally crossed into the United States from Canada exited the woods along the road and got into Chanchavac-Del Cid’s vehicle.  Chanchavac-Del Cid admitted that he expected to be paid for transporting the illegal alien.  However, both individuals were arrested by Border Patrol before he could drive the car away, and Chanchavac-Del Cid has been in custody since that time. 

Border Patrol investigated this case.  Assistant U.S. Attorney Benjamin S. Clark prosecuted the case. 

SYRACUSE, NEW YORK – Kevin Couture, age 42, of Chicago, Illinois, was sentenced today to serve 144 months (12 years) in federal prison for attempting to entice and coerce a minor to engage in sexual activity, announced United States Attorney Carla B. Freedman and Alfred Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his previously entered guilty plea, Couture admitted that, between January and February 2022, he exchanged sexually explicit messages online with an undercover officer posing as a 9-year-old child in an attempt to entice the child to engage in sexual acts with him. Couture also admitted that on February 8, 2022, he traveled to a prearranged meeting location in Oneida County, New York, with the intent to engage in sexual acts with the 9-year-old child. Couture was arrested by law enforcement upon arrival at the location.

United States District Judge, Glenn T. Suddaby, also sentenced Couture to a 20-year term of supervised release to begin after he serves his term of imprisonment. Couture also will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies. The case was prosecuted by Assistant United States Attorney Adrian S. LaRochelle as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – James H. Swanson, age 57, of Rome, New York, appeared in federal court last week on charges of receipt and transportation of child pornography, announced United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

According to a federal complaint, for years Swanson used electronic devices to access and download child pornography from the Internet that he then uploaded to a cloud storage account under his control. The charges in the criminal complaint are merely accusations. Swanson is presumed innocent unless and until proven guilty.

Following a hearing on September 21, United States Magistrate Judge Andrew T. Baxter released Swanson on conditions of supervision pending trial.

If convicted, Swanson faces a minimum term of 5 years in prison and a maximum term of 20 years, 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.  Swanson would also be required to register as a sex offender.

Anyone with information related to this case can report it by calling the Homeland Security Investigations (HSI) tipline at 1-866-347-2423.

The case is being investigated by HSI, the New York State Police, and the Oneida County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Adrian S. LaRochelle as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Louis LaPolla, age 78, of Utica, New York, has been charged by indictment with six counts of mail fraud. United States Attorney Carla B. Freedman and Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

The indictment alleges that LaPolla set up a scholarship fund in honor of his late wife, Andrea LaPolla, after she passed away in 2018, with the stated intention of benefitting Utica City School District students who planned to pursue post-secondary education in health-related fields. The indictment further alleges that LaPolla received tens of thousands of dollars in donations intended for the scholarship fund from individuals and businesses and that he spent nearly all of the donated money on himself rather than depositing it into the scholarship fund. LaPolla served as the mayor of Utica from 1984 to 1995, and he served as President of the Utica City School Board from 2018 to 2022, following 21 years of service as a member of the board. The charges in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

The charges filed against LaPolla carry a maximum term of 20 years in prison, a fine of up to $1.5 million, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Following his arrest on these charges and initial appearance in federal court today, LaPolla was ordered released on conditions pending his trial.

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

ALBANY, NEW YORK – Derek R. Schwartz, age 54, of Coppell, Texas, pled guilty today to conspiring with former ValueWise CEO Michael T. Mann to defraud companies that loaned millions of dollars to ValueWise subsidiaries. 

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

Schwartz pled guilty to one count of conspiring to commit wire fraud and four counts of wire fraud. 

Mann obtained millions of dollars in loans from two financing companies, located in New York and Colorado, respectively, by falsifying his companies’ receivables.  Mann falsely told the financing companies that Minnesota-based UnitedHealth Group Incorporated (“UHG”) and its subsidiary OptumInsight Inc. (“Optum”) owed millions of dollars to his Clifton Park-based companies.  Mann routinely created fake invoices reflecting the fictitious debt and assigned them to the financing companies as collateral for loans.

Schwartz was a high-level executive at Optum, and then began working for ValueWise in October 2013.  Until about August 2016, he operated TrueHR, LLC, a ValueWise subsidiary based in Dallas, Texas. He continued to work for ValueWise until its collapse in September 2019.

Schwartz was indicted in August 2021. In pleading guilty today, he admitted that in October 2013, he and Mann asked Luke Steiner, a UHG/Optum employee whom Schwartz used to supervise at Optum, to represent to the financing companies that the fake invoices created by Mann were valid and payable by Optum.  With Schwartz’s encouragement, Steiner regularly made these false verifications for six years, ending in August 2019.

Schwartz also admitted he took these other actions in furtherance of the fraudulent scheme:

• In 2014 and 2015, he asked two other UHG/Optum employees to verify false invoices that Mann submitted to one of the financing companies, identified in the indictment as “Financing Company-1.”  Schwartz instructed these employees to respond to Financing Company-1’s inquiries in the same manner as Steiner.

• From 2014 through 2019, Schwartz lied directly to one of Mann’s lenders, identified in the indictment as “Financing Company-2.”  Mann falsely represented to Financing Company-2 that one of his companies, Weitz & Associates, needed loans in order to pay its vendors.  As part of its due diligence process, Financing Company-2 verified, with Weitz’ purported vendors, that they were receiving payments from Weitz.  One such purported vendor was TrueHR, a ValueWise company operated by Schwartz.  In fact, TrueHR was not a Weitz vendor, and Schwartz regularly lied to Financing Company-2 about TrueHR receiving payments from Weitz – and continued to do so even after TrueHR ceased to exist as a company.

Sentencing is scheduled for January 24, 2024, before Senior United States District Judge Lawrence E. Kahn.  On each count, Schwartz faces up to 20 years in prison and up to 3 years of post-imprisonment supervised release.  The Government will be seeking $12,968,505.20 in restitution.  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.

Mann, formerly of Saratoga County, New York, pled guilty to various crimes in connection with his fraudulent scheme, and was sentenced in August 2021 to 144 months in prison.  Steiner pled guilty in February 2020 to conspiring with Mann and is scheduled for sentencing on November 9.

The FBI investigated this case, and Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck are prosecuting this case.

ALBANY, NEW YORK – Samuel Rodriguez, age 48, of Albany, was sentenced today to 21 months in prison for escaping from federal custody.

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

In November 2022, while Rodriguez was serving a prior federal term of imprisonment, the Bureau of Prisons directed him to reside in an Albany halfway house.  On November 11, 2022, Rodriguez had permission to leave the halfway house to update his sex offender registration with the police department, but Rodriguez never returned. A week later, he voluntarily surrendered himself to the New York State Police barracks in Auburn, New York. 

The U.S. Marshals Service investigated the case.  Assistant U.S. Attorneys Ashlyn Miranda and Jonathan S. Reiner prosecuted the case.

SYRACUSE, NEW YORK – Lisa Waldron, age 44, of Palermo, New York, was sentenced today to serve 24 months (two years) in federal prison for her conviction on charges of theft of government property, announced United States Attorney Carla B. Freedman and Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration-Office of the Inspector General, New York Field Office (SSA-OIG).

As part of her previously entered guilty plea, Waldron admitted that for years she acted as the representative payee for her disabled minor son, Jordan Brooks, who was receiving Supplemental Security Income (SSI) benefits. A representative payee is a person or organization who receives Social Security benefits on another person’s behalf and is required to ensure the benefits are used only to support the beneficiary. Waldron also admitted that despite being legally required to use the benefits for Brooks’s care, Waldron used the money to pay for unrelated expenses.

Based in part on Waldron’s neglect of Brooks, he died on May 9, 2021. In July 2023, in a case brought by the Oswego County District Attorney’s Office, Waldron pled guilty to manslaughter and assault charges related to her involvement in Brooks’s death.

After Brooks died, Waldron failed to notify the SSA of the death and continued to receive SSI benefits intended for Brooks despite knowing she was not entitled to them. During that period, Waldron continued to spend Brooks’s SSI benefits to pay her own expenses including fast food purchases and a trip to Myrtle Beach. Finally, in April 2022, SSA independently discovered the issue and terminated Brooks’s benefits. This prosecution followed.

In addition to imposing Waldron’s sentence to run consecutively (in addition to) to her anticipated state sentence, Chief United States District Judge Brenda K. Sannes also imposed a three-year term of post-release supervision and ordered Waldron to pay $13,292.76 in restitution—with $5,948.06 of that going to SSA and $7,344.70 being paid to the Crime Victims Fund.

The case was investigated by the Social Security Administration-Office of the Inspector General (SSA-OIG)  and was prosecuted by Assistant U.S. Attorney Adrian S. LaRochelle and Special Assistant U.S. Attorney Paul J. Tuck.

ALBANY, NEW YORK – Juhi Khubani, age 48, of New Jersey, pled guilty today to conspiring to transport seven aliens.

United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.

Khubani admitted that on June 3, 2023, she drove in an SUV to the U.S. side of the international border with Canada in Chateaugay, New York.  Shortly after, seven Indian citizens who had just crossed into the U.S. illegally from Canada got into the SUV.  Khubani then drove the aliens away from the border. Border Patrol agents then stopped the SUV and arrested its occupants.  Khubani admitted that she expected to be paid for transporting the aliens.

Sentencing is scheduled for December 18, 2023, before Senior United States District Judge Gary L. Sharpe.  Khubani faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Border Patrol investigated this case.  Assistant U.S. Attorney Joshua R. Rosenthal is prosecuting this case.

ALBANY, NEW YORK – Dion Underwood, age 46, of Johnstown, New York, was sentenced today to 63 months in prison, to be followed by 4 years of supervised release, for running a narcotics distribution conspiracy in the Capital Region.  United States Attorney Carla B. Freedman and Frank A. Tarantino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.

Underwood previously pled guilty and admitted that between January and December 2021, he supervised members of a conspiracy to distribute cocaine and heroin in the Capital Region, including Albany, Schenectady, and Montgomery Counties.  As part of his plea and today’s sentence, Underwood also agreed to forfeit $39,403 seized by federal agents as proceeds of the conspiracy.

The DEA investigated the case.  Assistant U.S. Attorney Benjamin S. Clark prosecuted the case.

ALBANY, NEW YORK – Peter Bratis, age 43, of Chestertown, New York, pled guilty today to possessing child pornography.

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

Bratis admitted to using a Google Drive account to store images depicting minors engaged in sexually explicit conduct between February 24, 2021 and August 4, 2022. 

Bratis, who has a prior conviction for rape in the second degree, for which he is a registered sex offender, faces at least 10 years and up to 20 years in prison, and a term of supervised release of at least 5 years and up to life, when Chief United States District Judge Brenda K. Sannes sentences him on January 12, 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.  Bratis would also have to continue to register as a sex offender upon his release from prison.

HSI investigated this case.  Assistant U.S. Attorneys Emmet O’Hanlon and Joseph Hartunian prosecuted this case as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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 – Prince Smith, age 22, of Syracuse, was sentenced today to serve 68 months in prison following his conviction for conspiring to distribute and possess with intent to distribute fentanyl, distributing and possessing with intent to distribute fentanyl, and using and carrying a firearm in furtherance of his drug distribution, announced 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).

As part of his prior guilty plea, Smith admitted that he distributed or intended to distribute approximately 19 grams of fentanyl.  He also drove to a drug sale on February 18, 2021, with fentanyl inside the center console of his car sitting on top of a loaded 9mm handgun.

United States District Judge Glenn T. Suddaby also sentenced Smith to a three-year term of supervised release to begin after he serves his term of imprisonment.

This case was investigated by ATF and the Syracuse Police Department-Criminal Intelligence Section.  The case was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

ALBANY, NEW YORK – Michael Murray, age 71, of Sidney, New York, pled guilty today to multiple counts of possession of child pornography.

United States Attorney Carla B. Freedman; Matthew Scarpino, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office; and New York State Police (NYSP) Acting Superintendent Steven A. Nigrelli made the announcement.

Murray admitted that in October 2021, he possessed images and videos of child pornography on two cell phones and possessed images and videos of child pornography in two email accounts he controlled. Murray had a previous conviction in New York related to the production, possession and distribution of child pornography at the time of these federal offenses.

Sentencing is scheduled for January 12, 2024, before Chief United States District Judge Brenda K. Sannes in Albany. The parties have jointly recommended to Chief Judge Sannes that Murray receive a term of 144 months in prison. Murray also faces a fine of up to $250,000 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. Murray will also have to register as a sex offender upon his release from prison.

This case was investigated by HSI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the New York State Police.  Assistant United States Attorney Alexander Wentworth-Ping prosecuted this case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Stephen Perrine, age 40, of King Ferry, New York, pled guilty today in federal court in Syracuse to stealing money orders from the United States Postal Service (USPS). United States Attorney Carla B. Freedman and Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPS-OIG), Northeast Area Field Office, made the announcement. 

In pleading guilty, Perrine admitted that while working for the USPS in Ithaca, New York, he stole ten money orders totaling $2,480, by issuing them to himself and entering fraudulent justifications in an USPS accounting system. For example, Perrine admitted that he stole and cashed a $400 money order on or about September 13, 2022, and that he documented the money order as having been issued as payment for “local transport.” Similarly, Perrine admitted that on November 15, 2022, he stole and cashed a $200 money order, which he fraudulently documented as having been issued as payment for “office supplies.” Perrine resigned his position with the USPS after he was charged criminally in this case. As part of his plea agreement, Perrine agreed to pay full restitution of $2,480 to the USPS.

The charges to which Perrine pled guilty carry a maximum sentence of 1 year in prison, a fine of up to $100,000, and a term of supervised release of up to 1 year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Perrine will be sentenced on December 13, 2023, by United States Magistrate Judge Thérèse Wiley Dancks, who presides over the case.

USPS-OIG is the investigative agency, and Assistant U.S. Attorney Michael F. Perry is prosecuting the case.

ALBANY, NEW YORK – Several family members of an Albany woman convicted of pandemic relief fraud recently agreed to pay the Government a total of about $305,000. The civil settlements are related to the prosecution of Debra Hackstadt, of Albany, who was sentenced to 16 months in prison, on November 8, 2022, for fraudulently obtaining 32 government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.

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

Two of the fraudulently obtained loans were made to Albany resident Danielle Hackstadt, Debra’s daughter. Danielle Hackstadt has agreed to pay $114,816 under the False Claims Act for fraudulently obtaining, with her mother’s assistance, a $42,500 Economic Injury Disaster Loan (EIDL), which was issued by the U.S. Small Business Administration (SBA), and a $14,908 loan under the Paycheck Protection Program (PPP), which was issued by a private financial institution and backed by the federal government.

In her July 2020 EIDL application, Danielle Hackstadt was listed as the sole proprietor of a “health services” company with gross revenue of $85,000.  And in her August 2020 PPP loan application, Danielle Hackstadt was listed as the sole proprietor of a “cleaning company” with gross receipts of $82,547.  She has admitted that, in July and August 2020, she was an employee of an insurance company and had no sole proprietorship.  She further admitted that she knew that her mother was applying for the PPP loan and EIDL in her name; she personally received the loaned funds, knowing they came from COVID-relief programs intended to benefit struggling businesses; and she spent the loaned funds for her personal benefit.

In a separate matter, in February 2023, the U.S. Attorney’s Office filed a lawsuit seeking the civil forfeiture of a lakefront residence and property off Great Sacandaga Lake in Saratoga County, New York, alleging that a portion of the property had been purchased with pandemic relief funds that Debra Hackstadt fraudulently obtained and then transferred to family members. 

In June 2023, the Government and Albany residents Gerald and Traci Hackstadt, Debra’s son and daughter-in-law, entered into a settlement agreement in which the Hackstadts agreed to pay $190,000 to satisfy the claim; payment of the $190,000 has since been made.  

United States Attorney Carla Freedman stated: “Debra Hackstadt showered ill-gotten pandemic relief funds upon her family members. These settlements prove that her crimes did not pay, and that we will use every tool at our disposal to follow the money and recover ill-gotten gains. In addition to criminal prosecutions, we can file False Claims Act lawsuits – with the potential for treble damages – and asset forfeiture actions. When appropriate, we can also seek recovery from people who financially benefitted from fraud even if they did not commit fraud themselves.”

FBI Acting Special Agent in Charge Alfred Watson stated: “Debra Hackstadt deliberately took money from programs designed to help American businesses struggling financially during the pandemic and instead used it to line the pockets of her own family members. These settlements should prove the FBI is committed to working closely with our federal, state, and local partners to protect federally funded relief programs. Together, we will work diligently to ensure fraudulently obtained funds are tracked down and returned so they can be put to use to assist the millions of honest Americans who need them most.”

The FBI and the U.S. Attorney’s Office’s Asset Recovery Unit conducted the investigation that led to these settlements.

Assistant U.S. Attorney Adam J. Katz represented the United States in the Danielle Hackstadt matter, and Assistant U.S. Attorney Elizabeth Conger represented the United States in the asset forfeiture action.

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

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

SYRACUSE, NEW YORK – Redell Williams, III, age 43, of Syracuse, was sentenced today to serve 33 months’ imprisonment for possession with intent to distribute cocaine.

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

As part of his earlier guilty plea, Williams admitted that on November 10, 2022, he possessed a total of approximately 531 grams of cocaine and approximately 211 grams of cocaine base at his home in Syracuse, New York with the intent to distribute it. Williams further admitted that in his residence, he “cooked” powder cocaine to manufacture cocaine base, also known as “crack” cocaine, and that $4,587 in cash found at his residence was narcotics proceeds.

Chief United States District Judge Brenda K. Sannes also imposed a 3-year term of post-release supervision and ordered Williams to forfeit $4,587 as proceeds of the offense.

DEA investigated the case, with assistance from Onondaga County District Attorney’s Office, Onondaga County Sheriff’s Office, and the Syracuse Police Department. Assistant U.S. Attorney Matthew J. McCrobie prosecuted the case.

SYRACUSE, NEW YORK – Ernest B. Shaw, Jr., age 26, of  Nedrow, New York, was sentenced today to serve 68 months in federal prison for his convictions for possession with intent to distribute cocaine base and possession of a firearm in connection with a drug trafficking crime, 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, Shaw admitted that on September 25, 2019, he possessed 14 grams of cocaine base (crack cocaine) for distribution and a loaded Glock .40 caliber handgun at his residence in Nedrow, New York. DEA Special Agents assisted by other law enforcement agencies executed a federal search warrant and seized the cocaine base and the loaded handgun from the defendant’s bedroom, along with digital scales and plastic bags. Federal Agents searched the residence as part of a long-term drug investigation that involved the defendant’s father, Ernest B. Shaw, Sr, and others.[1] 

This case was investigated by the United States Drug Enforcement Administration (DEA) Syracuse Resident Office, which includes Task Force Officers from the City of Auburn Police Department, the City of Syracuse Police Department, the New York State Police, and the Oneida County Sheriff’s Office. Other Agencies that assisted in this investigation included the New York State Police, the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI). The case was prosecuted by Assistant U.S. Attorney Richard Southwick and Assistant U.S. Attorney Thomas Sutcliffe.   

 

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[1] Ernest B. Shaw Sr. was convicted after trial in federal court in September 2021, and is serving a 15-year sentence in federal prison for his conviction for participating in a federal drug conspiracy.

ALBANY, NEW YORK – Taliek Lanier, age 23, of Albany, was sentenced today to 12 months in prison for engaging in a fraudulent scheme to obtain more than $110,000 in unemployment insurance benefits under the names of three other people, 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; 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, Northeast Region, United States Department of Labor, Office of Inspector General (USDOL-OIG).

As part of his previously entered guilty plea to conspiracy to commit mail fraud, Lanier admitted that he provided Jamie Johnson with the personal identifying information of three other people, which Johnson used to file false claims online with the New York State Department of Labor (NYSDOL).  Lanier further admitted that as a result of the fraudulent applications submitted by Johnson, the NYSDOL paid out $113,936 in unemployment insurance benefits. 

Johnson previously pled guilty to fraudulently obtaining $701,441 in unemployment insurance benefits as part of the scheme.

Senior United States District Judge Lawrence E. Kahn also imposed a 3-year term of supervised release, to begin after Lanier is released from prison, and ordered him to pay $113,936 in restitution to the State of New York.

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, and the Albany County Department of Social Services.  Assistant U.S. Attorneys Joshua R. Rosenthal and Joseph S. Hartunian prosecuted 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.

ALBANY, NEW YORK – Christopher Mozone, age 36, of Albany was sentenced today to serve 41 months in prison for engaging in a fraudulent scheme to obtain a government loan meant for businesses struggling with the financial effects of the coronavirus pandemic.

The announcement was made by United States Attorney Carla B. Freedman and James Bensley, Resident Agent in Charge of United States Secret Service (USSS)’s Albany Resident Office. 

As part of his previously-entered guilty plea to conspiracy to commit wire fraud, Mozone admitted that he conspired to obtain a $124,800 Economic Injury Disaster Loan (EIDL) from the U.S. Small Business Administration (SBA) by falsely representing on a loan application that he owned a business when no such business existed.  Mozone then spent the loan proceeds—which were supposed to be used for business purposes—on personal expenses, including nearly $10,000 in jewelry and a trip to Atlantic City, New Jersey.

Senior United States District Judge Lawrence E. Kahn also imposed a 3-year term of supervised release, to begin after Mozone is released from prison, and ordered him to pay $43,378.08 in restitution to the SBA.

This case was investigated by the USSS.  Assistant U.S. Attorneys Joshua R. Rosenthal and Michael D. Gadarian prosecuted the case.

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

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

SYRACUSE, NEW YORK – Dr. Jang Boo Chi, formerly a physician in Auburn, and his medical practice, Jang Boo Chi M.D. P.C., have agreed to pay the United States $135,000 in civil penalties for overprescribing opioids and other controlled substances in dangerous combinations. United States Attorney Carla B. Freedman, and Special Agent in Charge Frank A. Tarentino III, U.S. Drug Enforcement Administration (DEA), New York Division made the announcement.

The Settlement Agreement resolves allegations that Dr. Chi wrote prescriptions for non-legitimate medical purposes, outside the usual course of a professional practice, in violation of the Controlled Substances Act.  Specifically, the United States alleges that Dr. Chi allowed patient desires to dictate his prescribing decisions instead of his own medical judgment; he prescribed opioids, benzodiazepines, and carisoprodol in a dangerous combination known as the “Holy Trinity”; and he ignored red flags that the controlled substances he prescribed were being diverted for illicit use.  Examples of admitted conduct include: 

• Dr. Chi prescribed Hydrocodone-Acetaminophen, Diazepam (also known as “Valium”), and Carisoprodol (a muscle relaxant known as “Soma”) to Patient #1, even though drug screens indicated the patient was not taking the prescribed medications, while using MDMA (also known as “Molly” or “Ecstasy”), cocaine, and unprescribed Oxycodone.  Patient #1 eventually died of acute intoxication by the combined effects of controlled substances- both prescribed, and unprescribed. 
• Dr. Chi prescribed Adderall for Patient #2, to treat Attention-Deficit/Hyperactivity Disorder (ADHD), but the medical records lack a sufficient basis to establish an ADHD diagnosis.  At various times, Dr. Chi encouraged Patient #2 to decrease their use of Adderall and to not take it with certain other medication, however when they did not, he continued prescribing it.
• In Patient #3’s case, Dr. Chi prescribed Fentanyl patches, Oxycodone, Percocet, Lorazepam, Lyrica, and Zolpidem, among several other controlled substances.  During a hospitalization in 2018, another doctor noted Patient #3 “has a problem with polypharmacy” as they were on more than 20 different medications and supplements.  Dr. Chi noted Patient #3’s medications were “heavy,” and that “…I felt too [they] take much medication…” (sic.)  Dr. Chi did not further reduce the patient’s medications until September 2021, after the DEA questioned his prescribing practices.  

This $135,000 payment constitutes civil penalties under the Controlled Substances Act. 

Dr. Chi has surrendered his DEA registration, and, as part of the civil settlement, agreed not to seek a renewal for at least 15 years. 

This case was investigated by DEA Albany District Office’s Diversion Group, with assistance from the DHHS Office of Inspector General’s New York Region, the New York State Department of Health, Bureau of Narcotic Enforcement, and the Auburn Police Department.

Assistant U.S. Attorney Christopher Moran represented the United States in this matter. 

ALBANY, NEW YORK – Shane Barnes, age 38, of Akwesasne, New York, pled guilty today to transporting six aliens.

United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector made the announcement.

In pleading guilty, Barnes admitted that on September 28, 2022, he drove a pickup truck to the riverbank of the U.S. side of the St. Regis River.  Shortly after arriving at the riverbank, six aliens emerged from the woods and got into the pickup truck.  The defendant then drove the aliens to Hogansburg, NY, and then to Bombay, NY.  The defendant further admitted that he expected to be paid for transporting the aliens.

Sentencing is scheduled for January 10, 2024, before United States District Judge David N. Hurd in Utica, New York.  Barnes faces up to ten 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.

This case was investigated by the United States Border Patrol.  The case is being prosecuted by Assistant U.S. Attorney Rick Belliss.

ALBANY, NEW YORK – Alexander MacFayden, age 58, a citizen of Canada, appeared in court today on a charge of attempting to entice a minor to engage in sexual activity.  United States Attorney Carla B. Freedman and Alfred Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement. 

According to a federal complaint, MacFayden engaged in a series of online conversations earlier this year with an individual in Albany whom he believed would allow him to engage in sexual contact with a 10-year-old relative.  On August 25, 2023, MacFayden drove from the Toronto area to Albany to engage in sexual contact with the minor.  He was arrested in the Town of Colonie that evening, and later admitted he drove to Albany with the intent to engage in sexual contact with a minor.  Today, MacFayden was ordered detained pending a detention hearing scheduled for tomorrow, August 29. 

If convicted of the charge, MacFayden faces up to life 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.  MacFayden could also be required to register as a sex offender.

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department, the Rotterdam Police Department, and the New York State Police.  Assistant United States Attorney Joseph S. Hartunian 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 – Doron Tucker, age 27, of Schenectady, New York, was sentenced today to 84 months in prison for conspiring to distribute fentanyl, possessing with intent to distribute fentanyl and marijuana, and possessing a firearm in furtherance of a drug trafficking crime.

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

In pleading guilty, Tucker admitted to conspiring to sell pills containing fentanyl in Troy and Schenectady between June and October 2020.  At first, the defendant supplied his co-conspirator, Darren Favreau, with fentanyl pills, which Favreau personally sold to purchasers.  Favreau and Tucker then shared the sale proceeds.  After Favreau was arrested in August 2020, Tucker personally sold fentanyl pills to purchasers.

In executing a search warrant at Tucker’s apartment in Schenectady in October 2020, law enforcement seized marijuana, a digital scale, approximately $8,000 in cash, and a loaded .40 caliber handgun.  Tucker’s black BMW, which was parked outside the apartment, contained 386 fentanyl pills, more marijuana, and another digital scale.  Approximately $1,000 in cash was seized from Tucker himself.  Tucker admitted to possessing and intending to sell the fentanyl pills and marijuana, and to possessing the handgun to protect his fentanyl, marijuana, and drug proceeds. 

Tucker was also sentenced to serve 3 years of post-release supervision. 

Favreau, age 52, of Troy, was previously sentenced to 77 months in prison and a 4-year term of supervised release for his role in the fentanyl-trafficking conspiracy. 

DEA investigated the case, which was prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

ALBANY, NEW YORK – Craig Foley, 57, of Schenectady County, New York was sentenced yesterday to serve 21 months in prison and five years of post-imprisonment supervised release for failing to update his sex offender residential address information with the New York Division of Criminal Justice Services, as required by the Sex Offender Registration and Notification Act (“SORNA”). United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York, made the announcement.

In previously pleading guilty, Foley admitted that he was convicted of Sexual Abuse in the Third Degree in Utica City Court in 2011 and, because of that conviction, was designated a Level III sex offender with a lifetime registration requirement under New York law and became a person required to register as a sex offender under SORNA. He further admitted that he knowingly failed to update his residential address as required after relocating from a residence in Pennsylvania to the State of New York in approximately November 2020.

The United States Marshals Service investigated the case. Assistant United States Attorney Michael D. Gadarian is the prosecutor. This case was brought 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.