Northern District of New York

SYRACUSE, NEW YORK – Edgar Tejada, age 35, of Utica, New York, pled guilty today to possession with the intent to distribute cocaine, and to possessing a firearm in furtherance of a drug trafficking crime. 

The announcement was made by United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division and Thomas Fattorusso, Special Agent in Charge of U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

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

Tejeda faces at least five years and up to life in prison, a fine of up to $1,000,000.00 and a term of post-imprisonment supervised release of at least three years and up to life, when he is sentenced on April 19, 2022, by United States District Judge David N. Hurd.  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 is being investigated by the U.S. Drug Enforcement Administration (DEA), U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), the New York State Police, the Oneida County Sheriff’s Office, the Oneida County District Attorney’s Office, the City of Utica Police Department, the City of Syracuse Police Department, the City of Rome Police Department, U.S.  Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement and Removal Operations (ICE-ERO), the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, the New York Army National Guard Counter Drug Program, the Village of Yorkville Police Department, and the Village of Whitesboro Police Department, and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – Jason Seminary, age 44, of Duanesburg, New York, pled guilty today to unlawfully possessing a firearm and ammunition.

The announcement was made by United States Attorney Carla B. Freedman and Guilderland Police Chief Daniel P. McNally.

Seminary admitted that on December 26, 2021, in Schenectady County, he possessed a loaded Ruger .22 caliber rifle. Guilderland Police Detectives located the rifle while executing a search warrant on a pickup truck Seminary had been driving. Seminary’s prior felony conviction, for burglary-second degree: causes physical injury, prevented him from legally possessing the rifle and ammunition.

Senior United States District Judge Frederick J. Scullin Jr. will sentence Seminary on April 15, 2023, at which time Seminary will face up to 10 years in prison and up to 3 years of post-imprisonment supervised release.  Seminary also faces sentencing in Albany County Court on an unrelated charge of criminally negligent homicide; he has agreed that his state term of imprisonment, of 2 to 4 years, will run consecutive to his federal term of imprisonment.

This case was investigated by the Town of Guilderland Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Town of Rotterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Chad Srogi, age 39, of Vernon, New York pled guilty today to distributing, transporting, and possessing child pornography. The announcement was made by 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 Steven A. Nigrelli.

During the change of plea hearing, 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.

The possession of child pornography charge carries a mandatory minimum sentence of 10 years and a maximum of 20 years. The distribution and transportation of child pornography charges carry a mandatory minimum sentence of 15 years and a maximum sentence of 40 years. Srogi also faces a fine of up to $250,000, a term of supervised release of at least five years and up to life, forfeiture to the United States of property used to commit his offenses, restitution to identified victims, and will have register as a sex offender upon his release from prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Sentencing is scheduled for April 19, 2023, in Syracuse before United States District Judge Glenn T. Suddaby.

This case is being 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 is being 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/.

SYRACUSE, NEW YORK - Michael Griswold, age 36, of Syracuse, was indicted yesterday for possession with intent to distribute methamphetamine, announced United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

According to the indictment and a previously filed complaint, law enforcement agents from DEA and Syracuse Police Department executed a search warrant at Griswold’s home on November 9, 2022.  During their search, they located a large bag containing what was later determined to be over 500 grams of crystal methamphetamine. The charge in the indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

Griswold has been in custody since his arrest on November 9, 2022, and will be arraigned at a later date.  The charge filed against Griswold carries a mandatory minimum sentence of 10 years in prison and a maximum term of life, a fine of up to $10,000,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the United States Drug Enforcement Administration (DEA), with assistance from the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Syracuse Police Department, and the Metro-Jefferson Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Jessica N. Carbone.

ALBANY, NEW YORK – Frances Myers, age 55, of Schenectady, New York, pled guilty today to possessing and intending to distribute more than 100 grams of heroin.   

The announcement was made by 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. 

Myers admitted that in August 2021, she drove to New York City to pick up narcotics that were intended for sale in the Capital Region.  On her return trip, she was stopped on Interstate 87 and found to be in possession of more than 100 grams of heroin. 

Myers pled guilty before United States District Judge Glenn T. Suddaby.  Sentencing is scheduled for April 20, 2023.  Myers faces a minimum of 5 years in prison, a maximum of 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

This case was investigated by the DEA and is being prosecuted by Assistant United States Attorney Benjamin S. Clark. 

ALBANY, NEW YORK – James Macko, age 23, of North Adams, Massachusetts, was arrested today and charged with attempted coercion and enticement of a minor and attempting to transfer obscene material to a minor. 

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

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

The criminal complaint alleges that between November 16, 2022 and December 9, 2022, Macko exchanged text messages with another person in Albany. In these messages, Macko expressed interest in engaging in sexual conduct with an 11-year-old child.  Macko and the other person discussed plans in which Macko would meet the other person at a prearranged location in order to engage in sexual acts with the child.  On December 9, 2022, Macko left his home to meet the presumed child in North Adams, where he was encountered by law enforcement and arrested. Macko is also charged with transferring pornographic images to a person he believed to be 11 years old.  

Macko appeared today before United States Magistrate Judge Christian F. Hummel, who ordered Macko detained pending a detention hearing scheduled for Tuesday, December 13. 

The charges filed against Macko carry a mandatory minimum sentence of 10 years in prison, a maximum sentence 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. 

This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant United States Attorney Benjamin S. Clark. 

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 – Jesse Bartlett, age 46, of LaFargeville, New York, pled guilty today to mailing threatening letters.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Bartlett admitted that, using the alias of the “Chinese Zodiac Killer,” and from about April 2021 to May 2022, he mailed threatening communications to media outlets, government offices, houses of worship, and private businesses throughout New York, as well as in New Jersey, Connecticut, Pennsylvania, New Hampshire, Vermont, and the District of Columbia.  In the letters, which he signed as the “Chinese Zodiac Killer,” Bartlett wrote that he killed people, ate their flesh, and that he intended to kill more people, including an unnamed bus driver. Bartlett was arrested on May 19, 2022, and has been in custody since that date.

Sentencing is scheduled for April 13, 2022 before Chief United States District Judge Brenda K. Sannes. Bartlett faces up to 5 years in prison, a fine of up to $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI’s Joint Terrorism Task Force (JTTF), with assistance from the New York State Police and the United States Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Alexander Wentworth-Ping.

ALBANY, NEW YORK – Calvin Strong, age 30, of Watervliet, New York, was sentenced today to 85 months in prison for possessing a handgun and ammunition as a previously convicted felon.  The announcement was made by 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, Strong admitted that on November 23, 2021, he possessed a Glock Model 23CGEN4, .40 caliber pistol and 15 rounds of ammunition that were recovered during a search of his Watervliet residence by the United States Probation Office for the Northern District of New York.  Strong was prohibited from possessing the firearm and ammunition due to a previous felony conviction involving a firearm.

Senior United States District Judge Frederick J. Scullin Jr. also ordered Strong to pay a $7,500 fine and imposed a 3-year term of supervised release, which will start after Strong is released from prison. 

This case was investigated by the ATF with assistance from the United States Probation Office for the Northern District of New York, the U.S. Marshals Service, and the Watervliet Police Department, and was prosecuted by Assistant U.S. Attorney Rick Belliss. 

SYRACUSE, NEW YORK – Ivan Jose Rodriguez, age 46, of Utica, New York, pled guilty yesterday to one count of conspiring to possess with intent to distribute fentanyl and distribution of fentanyl, and one count of money laundering, announced United States Attorney Carla Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, and Thomas Fattorusso, Executive Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

As part of his guilty plea, Rodriguez admitted that from May 2020 through October 2021, he, together with his co-conspirators, acquired more than three (3) kilograms of fentanyl from a source of supply, which he and others acting on his behalf, redistributed in the Utica, New York area.  Rodriguez also admitted using a straw purchaser to acquire numerous vehicles, including a 2021 BMW M4, with cash payments using money earned from the drug conspiracy.      

Sentencing is scheduled for April 6, 2023, before United States District Judge David N. Hurd.  Rodriguez faces a minimum of 10 years in prison, a maximum of life imprisonment, a fine of up to $10 million, 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.

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

SYRACUSE, NEW YORK – Eric Ares, age 37, of Utica, New York, pled guilty yesterday to one count of conspiring to possess with intent to distribute fentanyl and to distribute fentanyl, and one count of possession with the intent to distribute fentanyl, announced United States Attorney Carla Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office,

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

Sentencing is scheduled for April 6, 2023, before United States District Judge David N. Hurd.  Ares faces a minimum of 10 years in prison, a maximum of life imprisonment, a fine of up to $10 million, 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.

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

ALBANY, NEW YORK – Robert Morales, age 73, of Saugerties, New York, was sentenced today to serve 85 months in prison for receipt and possession of child pornography, announced United States Attorney Carla B. Freedman and Michael Alfonso, Special Agent in Charge of Homeland Security Investigations (HSI), New York.

United States District Judge Glenn T. Suddaby also sentenced Morales to 15 years of supervised release, to begin following his term of imprisonment, and ordered him to pay a $5,000 fine and $15,000 in restitution to five of the victims depicted in the materials he possessed.  Morales will also be required to register as a sex offender upon his release from prison.

Morales pled guilty on July 15, 2021.  He admitted that between May 2014 and November 2017, he used a desktop computer equipped with a peer-to-peer file-sharing application to receive, and make available for download, child pornography.  Morales also possessed child pornography on seven other devices that were seized from his residence.  Morales’s desktop computer and external devices contained approximately 36 video files and 1,182 image files depicting child pornography.

This case was investigated by HSI.  This case was prosecuted by Assistant United States Attorney Emmet O’Hanlon 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 – Noah Felice, 71, was convicted yesterday of lying to the Federal Aviation Administration (FAA) following a two-day jury trial in the United States District Court in Syracuse, 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.

During 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.

Sentencing is scheduled for April 19, 2023, in Syracuse, New York, at which time the defendant faces a term of imprisonment of up to 5 years, 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.

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

ALBANY, NEW YORK – Jordan Burks a/k/a Justin Burts, age 32, of Ilion, New York, pled guilty today to possessing 860 grams of the drug commonly called “bath salts” with the intent to distribute it, announced United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office. 

Burks admitted that on January 12, 2022, he possessed at his home approximately 454 grams of alpha-Pyrrolidinohexiophenone, three digital scales, and $19,393 in cash. Burks admitted that he intended to sell the bath salts. He further admitted that between October 2021 and January 2022, law enforcement seized 5 packages containing additional bath salts that were supposed to be delivered to his apartment.

Burks pled guilty before United States District Judge Glenn T. Suddaby.  Sentencing is scheduled for April 20, 2023.  Burks faces a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of supervised release of between 3 years and life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.   

This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Jonathan S. Reiner.

ALBANY, NEW YORK – Kory O’Hara, age 45, the former Town Supervisor of Prattsville, New York, was sentenced today to 1 year of probation, and ordered to pay a $5,000 fine and $24,915 in restitution to the State of New York, for committing wire fraud in connection with a grant extended to Prattsville in the wake of Hurricane Irene. 

The announcement was made by United States Attorney Carla B. Freedman; New York State Comptroller Thomas P. DiNapoli; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); John Pias, Special Agent in Charge of the Detroit Field Office, Department of Homeland Security, Office of Inspector (DHS-OIG); and Christina Scaringi, Special Agent in Charge, U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Region (HUD-OIG).

In August 2011, Hurricane Irene caused significant damage to Prattsville, resulting in the issuance of millions of dollars in rehabilitation grants to Prattsville and its residents.  As Town Supervisor, O’Hara entered into various grant agreements, including with the New York State Housing Trust Fund Corporation. 

In pleading guilty, O’Hara admitted that between 2013 and 2015, he obtained false invoices from a Prattsville-based modular home business, Moore’s Homes, purporting to reflect construction work on O’Hara’s automotive garage, O’Hara’s Service Station, which Moore’s Homes did not perform.  O’Hara issued checks to Moore’s Homes reflecting payment on the invoices, but Moore’s Homes returned all of the money. 

O’Hara, who was Town Supervisor at the time, then submitted the false invoices and fully reimbursed checks to Prattsville and the New York State Housing Trust Fund Corporation to fraudulently obtain $24,915 in grant proceeds under the New York Main Street Program. 

This case was investigated by the Office of the New York State Comptroller, Division of Investigation; FBI; DHS-OIG; and HUD-OIG, and prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

ALBANY, NEW YORK – Dennis Lavigne, age 57, of Derby, Vermont, was sentenced today to 250 months in prison for attempting to coerce and entice a minor, as well as transportation of child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his prior guilty plea, Lavigne admitted that in 2000, he pled guilty to aggravated sexual assault of a victim less than 10 years of age and was sentenced to 10 to 15 years in prison (suspended except for 90 days).  He further admitted that between November 19-24, 2019, he exchanged sexually explicit text messages with someone he believed was the mother of an 11-year-old child.  In these messages, Lavigne expressed a desire to engage in sexual acts with the child.  On November 24, 2019, Lavigne traveled from Vermont to Albany, with the intent to engage in sexual acts with the presumed child.  Lavigne was subsequently arrested and further admitted to transporting child pornography files, which law enforcement officials recovered from Lavigne’s phone.  Many of the child pornography files featured the rape and sexual abuse of prepubescent minors, including infants.

United States District Judge Mae A. D’Agostino also imposed a life term of post-imprisonment supervised release and ordered Lavigne to pay restitution to the victims of the child pornography offenses. 

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, Rotterdam Police Department, Saratoga County Sheriff’s Office, and the New York State Police.  This case was prosecuted by Assistant United States Attorney Rachel L. Williams as part of Project Safe Childhood.

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

ALBANY, NEW YORK – Adam Middleton, age 40, of Troy, New York, pled guilty today to unlawfully possessing ammunition as a felon.  The announcement was made by United States Attorney Carla B. Freedman and Ketty Larco-Ward, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service (USPIS).

Middleton admitted that on December 7, 2021, he possessed a Glock magazine loaded with 17 rounds of 9 mm ammunition, in addition to numerous additional rounds of ammunition, at his residence in Troy.  At the time, Middleton had a prior felony conviction for criminal possession of a controlled substance in the fifth degree.  Under federal law, that conviction prevented Middleton from lawfully possessing the ammunition.

When Senior United States District Judge Gary L. Sharpe sentences Middleton on April 4, 2023, Middleton faces a maximum sentence of 10 years in prison and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the USPIS and its Capital Region Task Force, led by the USPIS and including the Albany Police Department, the Albany County Sheriff’s Office, and the Schenectady Police Department. The U.S. Drug Enforcement Administration (DEA) and Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) also assisted in this investigation. The case is being prosecuted by Assistant U.S. Attorney Benjamin S. Clark.

 

SYRACUSE, NEW YORK – Alexander Guillen-Tamayo, age 32, of Lanham, Maryland, pled guilty today to unlawfully transporting five citizens of Mexico.

The announcement was made by United States Attorney Carla B. Freedman and Acting Chief Patrol Agent Keith Hoops, United States Border Patrol, Swanton Sector.

Guillen-Tamayo admitted that on a date prior to October 8, 2022, he was contacted by an individual who asked him to drive to Champlain, New York, to pick up aliens and drive them back to Maryland.  On October 8, he drove to Champlain from his home in Maryland, and picked up five Mexican citizens unlawfully present in the United States.  The defendant’s vehicle was subsequently stopped near Plattsburgh, New York.  He admitted that he planned to drive his passengers to Maryland, and that he expected to be paid approximately $3,000.

Sentencing is scheduled for April 4, 2023 before United States District Judge Mae A. D’Agostino. Guillen-Tamayo faces up to 10 years in prison, a 3-year term of post-release supervision, and a fine up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.   

This case was investigated by United States Border Patrol and the Clinton County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Jessica N. Carbone.

ALBANY, NEW YORK – Jose Manuel Mejias-Ayala, age 46, of Washington, Indiana, pled guilty today to unlawfully transporting three aliens.

The announcement was made by United States Attorney Carla B. Freedman and Acting Chief Patrol Agent Keith Hoops, United States Border Patrol, Swanton Sector.

Mejias-Ayala admitted that on September 25, 2022, he drove his SUV from Indiana to Mooers, New York, to pick up three Mexican citizens who had recently illegally crossed the international border from Canada into the United States.  The defendant also admitted that he planned to drive the three people to Chicago, Illinois.  Mejias-Ayala further admitted that he was to be paid $6,000 for his efforts in transporting the Mexican citizens.

Sentencing is scheduled for April 4, 2023 before United States District Judge Mae A. D’Agostino. Mejias-Ayala faces up to 10 years in prison, a 3-year term of post-release supervision, and a fine up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.   

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

SYRACUSE, NEW YORK – “John Doe,” of Owego, New York, was sentenced today to 57 months in prison for aggravated identity theft and misuse of a social security number.  Doe used the name, social security number and date of birth of a homeless U.S. Army veteran to fraudulently obtain $249,811.93 in Supplemental Security Income (SSI) benefits and an additional $588,645.85 in state benefits. Doe’s true identity has yet to be confirmed.

The announcement was made by United States Attorney Carla B. Freedman and Gail. S. Ennis, Inspector General for the Social Security Administration (SSA).

United States Attorney Carla B. Freedman stated: “We don’t yet know the defendant’s name, but we know what he did. Today’s sentence justly punishes him for stealing the identity of a homeless veteran to fraudulently obtain hundreds of thousands of dollars in government benefits. Thanks to the collaborative efforts of local, state and federal investigators, we were able to bring John Doe to justice in spite of not knowing his true identity.” 

SSA Inspector General Gail S. Ennis stated: “This individual stole the identity of a U.S. Army veteran to fraudulently obtain Supplemental Security Income benefits, a critical safety net for those in need. This sentence holds him accountable for his unlawful actions. My office will continue to pursue those who steal another person’s identity and misuse a social security number for personal gain.  I appreciate the work of our law enforcement partners in this complex investigation and I thank Assistant U.S. Attorneys Adrian S. LaRochelle and Michael Gadarian for prosecuting this case.” 

Doe was found guilty following a 4-day trial in May 2022. The evidence established that from approximately 1999 until June 2021, Doe received SSI benefits under the name, date of birth, and Social Security number of a homeless U.S. Army veteran living in North Carolina.  When Doe’s use of the veteran’s identity was ultimately discovered and Doe was questioned by federal agents, Doe continued to falsely claim the identity as his own and provided agents with a photocopy of the victim’s birth certificate and Social Security card, claiming these documents were his own.  Agents located the veteran and established through fingerprint and DNA analysis that Doe is not the person he claims to be. 

United States District Judge Mae A. D’Agostino also ordered Doe to serve a 3-year term of supervised release following his release from prison and ordered Doe to pay a total $838,457.78 in restitution in connection with the benefits he unlawfully received under the victim’s name.

This case was investigated by the Social Security Administration Office of the Inspector General, the Tioga County Sheriff’s Office, the Tioga County Department of Social Services, and the New York State Police, with assistance provided by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorneys Adrian S. LaRochelle and Michael D. Gadarian.

ALBANY, NEW YORK – Lawrence Belcher, age 37, of Troy, New York, was sentenced today to 188 months in prison for attempting to coerce and entice a child to engage in sexual acts with him. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

In previously pleading guilty, Belcher admitted that between January and April 2022, he sent sexually explicit text messages to someone he believed to be a 13-year-old boy.  Belcher asked to meet the child in person in order to engage in sexual acts with the child in his car.  On April 14, 2022, Belcher traveled to a motel parking lot in Schenectady County in order to meet and have sex with the child.  Belcher was encountered by law enforcement upon his arrival and arrested; he has been in custody since April 14.

Belcher has a prior misdemeanor conviction for sexually abusing a child younger than 14 years old, and was a registered sex offender at the time of his arrest in April. He also has two misdemeanor convictions for failing to comply with New York State sex offender registry requirements.

Chief United States District Judge Brenda K. Sannes also imposed a 15-year term of supervised release to begin after Belcher is released from prison. Belcher will also have 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 FBI Special Agents and members of state and local law enforcement agencies, including the Rotterdam and Colonie Police Departments.  This case was prosecuted by Assistant United States Attorney Michael Barnett 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 – Justin Smith, age 22, of Troy, New York, was sentenced today to 21 months in prison for possessing firearms as a previously convicted felon. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his prior guilty plea, Smith admitted that on March 4, 2021, he possessed a Smith & Wesson M&P 9 mm pistol and an HS Produkt 40 caliber pistol that were recovered after a search warrant was executed at a residence in Troy. Smith had posted, to SnapChat, photos and videos of himself handling the firearms the night before they were recovered. Smith was prohibited from possessing the firearms due to a previous felony conviction involving a firearm.

Senior United States District Judge Gary L. Sharpe also imposed a 3-year term of supervised release, which will start after Smith is released from prison.

The case was investigated by the FBI and the Troy Police Department, and was prosecuted by Assistant U.S. Attorney Dustin Segovia. 

This case is 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 – Timothy E. Deuel, age 64, of Tioga County, New York, was sentenced today to 10 years in prison for possessing child pornography. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his prior guilty plea, Deuel acknowledged that in March 2015, he was sentenced to 87 months in prison and 10 years of supervised release for distribution of child pornography. Deuel admitted that during the term of supervised release that followed his term of imprisonment, he possessed, at his residence, three digital storage devices that contained a total of approximately 1,000 images of child pornography and more than 200 video files of child pornography.

United States District Judge Glenn T. Suddaby also imposed a 15-year term of post-imprisonment supervised release, ordered forfeiture of the devices used as part of the offense, and ordered Deuel to pay a total of $45,000 restitution to victims of the offense.

This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and is being prosecuted by Assistant U.S. Attorney Matthew J. McCrobie 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 – Jonas Whaley, age 37, of Chenango County, New York, was sentenced today to 87 months in prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

The announcement was made by United States Attorney Carla B. Freedman; John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division; Chenango County District Attorney Michael D. Ferrarese; New York State Police Acting Superintendent Steven Nigrelli; Chenango County Sheriff Ernest R. Cutting Jr.; and Broome County Sheriff David E. Harder.

As part of his earlier guilty plea, Whaley admitted that he possessed with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine. Whaley further admitted that he possessed two pistols and a revolver, which he used in furtherance of his drug trafficking to protect himself, the drugs he planned to distribute, and drug proceeds.

United States District Judge Glenn T. Suddaby also ordered Whaley to serve a 4-year term of post-imprisonment supervised release and the forfeiture of $3,600 in drug proceeds.

This case was investigated by ATF, New York State Police Violent Gang and Narcotics Enforcement Team (VGNET), Chenango County Sheriff’s Office, and the Broome County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.

SYRACUSE, NEW YORK – Eric F. Jackson, aka “The Mexican,” aka “Pops,” age 49, of Syracuse, was sentenced Tuesday to 180 months in prison for his leadership of a drug-trafficking organization that distributed methamphetamine in Onondaga County and elsewhere in Central New York.

The announcement was made by 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 prior guilty plea, Jackson admitted that beginning no later than May 2020 through April 2021, he conspired with others to transport methamphetamine from California to locations in the Northern District of New York, including Syracuse, for distribution. Jackson admitted that in furtherance of the conspiracy, in December 2020, a coconspirator drove with approximately 4.6 kilograms of pure methamphetamine from California destined for Syracuse but was intercepted by police and arrested in Oklahoma City. Jackson also admitted that he arranged for methamphetamine to be shipped by a common carrier to addresses in the Syracuse area, which were provided by coconspirators. In addition to participating in the conspiracy, Jackson admitted that he personally distributed more than 50 grams of pure methamphetamine to another individual in Syracuse. Jackson further admitted that at the time of his arrest in April 2021, at a small convenience store on Park Street in Syracuse, New York, he possessed approximately $17,460 in drug proceeds, and more than 350 grams of pure methamphetamine, which he intended to distribute.

United States District Judge David N. Hurd also ordered Jackson to serve a 5-year term of supervised release to follow his release from prison, the forfeiture of the $17,460 of seized currency, and ordered Jackson to pay a money judgment of $1,300.

This case is being investigated by DEA, U.S. Internal Revenue Service Criminal Investigation (IRS-CI), New York State Police-Violent Gang and Narcotics Enforcement Team (NYSP-VGNET), Onondaga County (New York) Sheriff’s Office, Onondaga County District Attorney’s Office, Syracuse Police Department, Oklahoma City Police Department, San Bernardino County (California) Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.

ALBANY, NEW YORK – Derbie Michel, age 31, of Troy, New York, was charged by indictment today with illegally possessing ammunition as a convicted felon. 

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

According to the indictment and other court filings, Michel, a convicted felon, threw five rounds of ammunition from a car while being pursued by members of the Troy Police Department on October 15, 2022.  Michel also threw a privately made firearm, or “ghost gun,” from the car during the same pursuit.  The charges in the indictment and complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

Michel was previously charged by criminal complaint and appeared yesterday before United States Magistrate Judge Christian F. Hummel, who ordered Michel detained pending trial.

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

This case is being investigated by the FBI’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of state and local law enforcement agencies, including the Troy Police Department, and is being prosecuted by Assistant U.S. Attorneys Allen J. Vickey and Joshua R. Rosenthal.  The U.S. Marshals Service provided valuable assistance with the defendant’s apprehension in this case. 

ALBANY, NEW YORK – Robert “Bobby” Ingrao, age 75, of Lodi, New Jersey, pled guilty today to conspiring to distribute cocaine, and to possessing 9 kilograms of cocaine and intending to deliver it to co-conspirators in Schenectady, New York.

The announcement was made by 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.

Ingrao admitted that on March 31, 2021, he and co-conspirators drove to Schenectady in two cars in order to take possession of a third vehicle, a blue Jeep Grand Cherokee.  The blue Jeep contained a hidden compartment, or “trap,” in its trunk area. 

One of Ingrao’s co-conspirators then drove the blue Jeep from Schenectady to the New York City/northern New Jersey area.  At some point between the evening of March 31 and the morning of April 2, Ingrao’s co-conspirators placed 9 kilograms of cocaine in the blue Jeep’s hidden compartment.

On the morning of April 2, 2021, Ingrao drove the blue Jeep north from the New York City/northern New Jersey area, knowing that its hidden compartment contained 9 kilograms of cocaine, and intending to deliver that cocaine to other co-conspirators in Schenectady.

New York State Police conducted a traffic stop of Ingrao in Greene County, as he was driving the blue Jeep alone, north on Interstate 87.  Troopers then discovered 9 kilograms of cocaine in the blue Jeep’s hidden compartment.

Sentencing is scheduled for March 22, 2023.  Ingrao faces at least 10 years and up to life in prison, as well as at least 5 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Three defendants still face charges in this case:

• Richard “Richie” Sinde, age 57, of Fort Lee, New Jersey;
• Jeffrey C. Civitello Sr., age 51, of Schenectady; and
• Jeffrey C. Civitello Jr., age 23 of Schenectady.

 

They are scheduled to go on trial on April 17, 2023, before United States District Judge Mae A. D’Agostino. As to these remaining defendants, the charges in the indictment are merely accusations. These defendants are presumed innocent unless and until proven guilty.

This case is being 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, and the New York State Police.  The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Kyle M. Leeper, age 38, of Palmyra, Pennsylvania, was sentenced  today to serve 40 years in federal prison for a murder committed during a drug trafficking conspiracy, conspiring to distribute and possess with intent to distribute 50 grams or more of methamphetamine, and possessing a firearm and ammunition as a convicted felon, announced United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), Sheriff Mark E. Helms, Cortland County (New York) Sheriff’s Office, and Chief Andrew Espinoza Jr., City of Barstow  (California) Police Department.

As part of his previous guilty plea, Leeper admitted he was part of a conspiracy that trafficked methamphetamine from Indiana and Southern California to Cortland County, New York, where Leeper distributed it to local residents and drug dealers.  In the fall of 2018, co-defendant Crystal Stephens, of Groton, New York, who was incarcerated in Indiana on burglary charges, contacted Leeper by telephone with contact information for co-defendant John Rice, an Indiana-based methamphetamine dealer. Leeper communicated with Rice by telephone and then travelled to and from Indiana twice in late 2018 and early 2019, where he obtained crystal methamphetamine and a .380 caliber pistol from Rice.  Leeper distributed this methamphetamine in the Cortland area.

After Rice was arrested in Indiana in early January 2019, Leeper arranged to travel to the Los Angeles area to purchase more methamphetamine. From jail Crystal Stephens provided Leeper with telephone numbers for possible methamphetamine sources in East Los Angeles.  In mid-January 2019, Leeper and an associate, co-defendant Ramon Nieves-Cotto, drove from Cortland to Los Angeles, where Leeper contacted one of these sources.  The source sought assistance from co-defendant Arlene Rodriguez, who introduced Leeper to a middleman.  On January 17, 2019, this middleman arranged for Leeper to buy three pounds of crystal methamphetamine for $5,000 from co-defendant Jose Pimentel.  But after the methamphetamine was delivered to a motel in El Monte, California, Leeper realized that he had been shortchanged on the quantity delivered.  Leeper abducted the middleman and Arlene Rodriguez at gunpoint.  Later that day, Nieves-Cotto purchased zip ties, which Leeper used to bind the middleman.  On the night of January 17, 2019, in the desert in Barstow, California, Leeper shot the bound middleman eight times from behind with the .380 caliber pistol, killing him.   Leeper and Nieves-Cotto, along with Rodriguez, then drove to Cortland, where Leeper distributed the methamphetamine he obtained on this trip to California.

In early February 2019, Leeper, Nieves-Cotto, and Rodriguez returned to Los Angeles, where Leeper purchased an additional six to eight pounds of methamphetamine and a 9 mm pistol from co-defendant Edgar Arredondo.  Upon his return to Cortland, Leeper, assisted by Rodriguez, began to distribute this methamphetamine.  On February 19, 2019, officers from the Cortland County Sheriff’s Office stopped Leeper and Rodriguez while they were driving in Leeper’s pickup truck, which had an expired registration and cracked windshield.  Inside the truck, the officers found four pounds of high-purity methamphetamine, the loaded .380 caliber pistol Leeper had used to commit the murder, and ammunition.  They arrested Leeper, who previously had been convicted of state and federal felony offenses in Pennsylvania, and Rodriguez.

United States Attorney Carla Freedman said, “Kyle Leeper’s sentence today is justice for his cold-blooded killing of a man in the California desert as part of a methamphetamine trafficking conspiracy. After kidnapping and binding the victim, Leeper brutally shot him eight times in the back and then left him in Barstow, California. Leeper also brought pounds of methamphetamine to Cortland from Los Angeles and Indiana until state and federal investigators worked together to stop him and his co-conspirators. Leeper will spend the next 40 years in a federal prison to pay for the violence and suffering he inflicted.”

FBI Special Agent in Charge Janeen DiGuiseppe said, “Today’s sentence is indicative of the success that can be attained when federal, state, and local agencies combine resources to remove violent offenders from our communities. Mr. Leeper was so committed to trafficking dangerous drugs into Cortland County he was willing to kill anyone who stood in his way. Thanks to the strong collaboration between our law enforcement partners in New York and California, he is now being held accountable for his despicable actions. The FBI is grateful to our law enforcement partners and we remain dedicated to working together to investigate and apprehend violent drug traffickers whose actions threaten the health and safety of our neighborhoods.”

Cortland County Sheriff Mark E. Helms said, “I am extremely proud of both Sgt. Mike Winchell and Officer Peter Wright for turning what some would consider a routine traffic stop into a major multi-agency investigation.  Additionally, I would like to thank all the other investigators from my office, as well as all the other officers and agencies that worked together and were able to put together this complex case resulting in the successful prosecution of Kyle Leeper and Arlene Rodriguez.  This truly is a great example of local, state, and federal agencies working together.” 

Barstow, California Chief of Police Andrew Espinoza, Jr. said, “Kyle Leeper committed a heinous crime in our city and today he was held accountable to the victim and his family. This investigation was complex and spanned across the country. I commend the collaborative effort of all the law enforcement agencies involved and for the federal prosecutors who handled this case. It was through their diligence and hard work that Kyle Leeper received justice today.” 

Six (6) other co-defendants previously pled guilty to participating in the drug trafficking conspiracy with Kyle Leeper, and/or aiding and abetting the murder.

Ramon Nieves-Cotto, 30, of DeRuyter, New York, pled guilty to aiding and abetting a murder during a drug conspiracy, and conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine. He was sentenced on October 7, 2022, to serve 156 months in federal prison, and a four-year term of supervised release.

Crystal J. Stephens, 34, of Groton, New York, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine. She was sentenced on November 15, 2022, to serve 100 months in federal prison, and a four-year term of supervised release.

Arlene N.  Rodriguez, 38, of Montebello, California, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine, possession with intent to distribute 50 grams or more of methamphetamine, and possession of a firearm in connection with a drug trafficking crime.  She was sentenced on October 6, 2022, to serve 94 months in prison, to be followed by four- year term of supervised release.

Jose Pimentel, Jr., 31, of Los Angeles, California, pled guilty to conspiracy to distribute, and posses with intent to distribute 50 grams or more of methamphetamine.  He is scheduled to be sentenced on December 1, 2022.

Edgar Arredondo, 35, of Los Angeles, California, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine.  He also pled guilty to charges based on his possession in the Central District of California of a shotgun ammunition, and 50 grams or more of methamphetamine.  He is scheduled to be sentenced on December 1, 2022.

John Rice, 57, of Crawfordsville, Indiana, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine.  He is scheduled to be sentenced on January 12, 2023.

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 Federal Bureau of Investigation (FBI), the U.S. Drug Enforcement Administration (DEA), the Cortland County (New York) Sheriff’s Office, the Barstow (California) Police Department, and the San Bernadino (California) County Sheriff’s Department, with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Cortland County (New York) District Attorney’s Office, the Montgomery County (Indiana) Sheriff’s Department, the Montgomery County (Indiana) District Attorney’s Office, the Pomona (California) Police Department, and the El Monte (California) Police Department and is being prosecuted by Assistant U.S. Attorneys Steven D. Clymer, Richard R. Southwick, and Thomas R. Sutcliffe.

ALBANY, NEW YORK – Antonio Naveo, age 42, of Ellenville, New York, was sentenced today to 97 months in prison for his leadership of a drug trafficking organization that distributed cocaine base and fentanyl in Ulster County, as well as for his unlawful possession of a firearm. 

The announcement was made by United States Attorney Carla B. Freedman; Michael Alfonso, 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).

As part of his previously entered guilty plea, Naveo admitted that between September 2017 and December 2018, he led an organization that trafficked over 500 grams of cocaine base, as well as fentanyl, from New York City and Pennsylvania, respectively, to Ellenville for redistribution at various locations in the Rondout Valley.  Naveo further admitted that he unlawfully possessed a firearm as a previously convicted felon.

United States District Judge Mae A. D’Agostino also ordered Naveo to serve a 4-year term of supervised release following his release from prison.

The following defendants previously pled guilty in connection with the conspiracy, and were sentenced as follows:

 

Name

Prison Term

Supervised Release Term

Iqwan Mandiville, aka “Qwan”

70 months

4 years

Margaret Vandyke

60 months

3 years

Luis Curet

46 months

3 years

Randy Mandiville, aka “B-Murda”

42 months

6 years

Jennifer McCombs

24 months

3 years

Edwin Jorge

Time served

3 years

This case was investigated by HSI, the Ulster County Sheriff’s Office in conjunction with URGENT, an inter-agency taskforce targeting drug dealers and gang members in Ulster County, and the New York State Police, with assistance from the Village of Ellenville Police and the Ulster County District Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Justin Micheli, age 35, of Schodack, New York, was sentenced today to 130 months in prison for possessing a firearm in furtherance of drug trafficking, possessing ammunition as a previously convicted felon, and possessing with the intent to distribute cocaine.

The announcement was made by 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.

As part of his guilty plea, Micheli admitted that on March 16, 2021, he possessed more than 700 grams of cocaine with the intent to distribute it and possessed a loaded semi-automatic pistol made from component parts without a serial number, also known as a “ghost gun,” to protect his drugs and drug proceeds. Micheli also admitted to possessing ammunition as a previously convicted felon. Micheli had three prior felony convictions for drug offenses.

United States District Judge Mae A. D’Agostino also ordered Micheli to serve a 4-year term of post-imprisonment supervised release.

This case was investigated by the DEA and was prosecuted by Assistant United States Attorney Alexander Wentworth-Ping. The case was prosecuted to indictment by Assistant United States Attorney Ashlyn Miranda.

ALBANY, NEW YORK – Zachary Adams, age 30, of Cohoes, New York, pled guilty today to possession of a stolen firearm.

The announcement was made by 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 guilty plea, Adams, a former delivery driver, admitted that on May 25, 2019, he stole a rifle that he was supposed to deliver to a gun dealer in Hillsdale, New York.  Adams further admitted that he sold the rifle to an acquaintance several days later. 

Adams faces up to 10 years in prison, a 3-year term of post-release supervision, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by ATF and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

 

SYRACUSE, NEW YORK – Kevin Couture, age 41, of Chicago, Illinois, pled guilty today to attempted enticement and coercion of a minor, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his 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 into engaging 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.

The charge against Couture carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life, 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.  Couture will also be required to register as a sex offender upon his release from prison.

Couture’s sentencing is currently scheduled for March 22, 2023, in Syracuse before United States District Judge Glenn T. Suddaby.

This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU).  This case is being 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.

ALBANY, NEW YORK – Wayne Myers, age 32, of Albany, was sentenced today to 10 years in prison for distributing and conspiring to distribute cocaine, cocaine base, methamphetamine, and amphetamine.

The announcement was made by 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.

As part of his guilty plea, Myers admitted that between June 2020 and February 2021, he distributed cocaine, cocaine base, methamphetamine, and amphetamine. He admitted that, in coordination with his co-conspirators, he distributed at least 343.1 grams of cocaine base, 251 grams of cocaine, 145 grams of amphetamine, and 5.7 grams of methamphetamine. Myers further agreed to forfeit $40,050 as proceeds from drug sales.

Senior United States District Lawrence E. Kahn also ordered Myers to serve a 5-year term of post-imprisonment supervised release.

This case was investigated by the DEA and prosecuted by Assistant United States Attorney Ashlyn Miranda.

SYRACUSE, NEW YORK – Alex R. Mahoney Wilks, age 23, of Troy, New York, was sentenced today to 33 months in prison for illegally possessing a pistol as a previously convicted felon, as well for possessing fentanyl-laced pills with the intent to distribute them.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his previously entered guilty plea, Mahoney Wilks admitted that on February 4, 2022, as he attempted to leave a residence in Watervliet, he knowingly possessed in his vehicle a pistol and a quantity of fentanyl-laced pills that he intended to sell.  A total of $11,333 and two digital scales were also recovered from the vehicle.  A prior felony burglary conviction prevented Mahoney Wilks from legally possessing the firearm in New York. The firearm had also previously been reported stolen. 

Chief United States District Judge Brenda K. Sannes also ordered Mahoney Wilks to serve a 3-year term of supervised release following his release from prison.

This case was investigated by the FBI and the Watervliet Police Department, with the assistance of the Albany County District Attorney’s Office.  It was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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.

UTICA, NEW YORK – Juan Francisco Izalde-Bautista, age 34, of Hershey, Pennsylvania, pled guilty and was sentenced today to 6 months in prison for unlawfully transporting two Mexican citizens who were illegally present in the United States.

The announcement was made by United States Attorney Carla B. Freedman and Acting Chief Patrol Agent Keith Hoops, United States Border Patrol, Swanton Sector.

Izalde-Bautista admitted that on October 2, 2022, he drove from Hershey to Potsdam, New York, to pick up two citizens of Mexico who had recently illegally crossed the international border from Canada into the United States.  Izalde-Bautista also admitted that he planned to drive the two Mexican nationals to Hershey. 

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

ALBANY, NEW YORK – Bradley Boisen, age 26, of Waterford, New York, pled guilty today to the attempted sex trafficking of a child.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Boisen admitted that on April 21, 2021, he arranged to pay $60 to another person in order to have sex with a 14-year-old child. 

Boisen’s sentencing is scheduled for March 21, 2023 in Syracuse before Senior United States District Judge Norman A. Mordue. 

Boisen faces a mandatory minimum term of 10 years in prison, a maximum term of life, a fine of up to $250,0000, 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.  As a result of his conviction, Boisen will also 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 the New York State Police and the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by the United States Attorney’s offices and 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

SYRACUSE, NEW YORK – Joseph Swansbrough, age 33, of Willseyville, New York, pled guilty today to attempted enticement and coercion of a minor, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Swansbrough admitted that, between September and October 2021, he exchanged sexually explicit messages online with an undercover officer posing as a 10-year-old child in an attempt to entice the child into engaging in sexual acts with him.  Swansbrough also admitted that, on October 12, 2021, he traveled from his home in Tioga County to a prearranged meeting location in Broome County, New York, with the intent to engage in sexual acts with the 10-year-old child.  Swansbrough was arrested upon arrival at the location and was found in possession of candy he had promised to bring to the child.

The charge against Swansbrough carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life, 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.  As a result of his conviction in this matter, Swansbrough will also be required to register as a sex offender upon his release from prison.

Swansbrough’s sentencing is currently scheduled for March 22, 2023, in Syracuse before United States District Judge Glenn T. Suddaby.

This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU).  This case is being prosecuted by Assistant United States Attorneys Geoffrey J. L. Brown, Jessica N. Carbone, and 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 – Daequon D. Perkins, age 26, of Utica, New York, was sentenced Thursday to 33 months’ imprisonment for conspiring to distribute and possess with intent to distribute 40 grams or more of a mixture and substance containing fentanyl, and distribution of a mixture and substance containing fentanyl.

The announcement was made by United States Attorney Carla B. Freedman; Oneida County District Attorney Scott McNamara, New York State Police Acting Superintendent Steven A. Nigrelli, Timothy Foley, Acting Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Mark Williams, Utica Police Department.

As part of his prior guilty plea, Perkins admitted that beginning no later than May 2021, he agreed with others to distribute 40 grams or more of a mixture containing fentanyl to customers in the Utica, New York area. Perkins also admitted that on May 27, 2021, he distributed approximately 2 grams of a fentanyl mixture in Utica.

United States District Judge Hon. David N. Hurd also imposed a four-year term of supervised release, which will start after Perkins is released from federal prison, and ordered Perkins to pay a $200 special assessment.

This case was investigated by New York State Police-Special Investigations Unit (NYSP-SIU), investigators from the Oneida County District Attorney’s Office, members of the City of Utica Police Department, DEA, ATF, and prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.

ALBANY, NEW YORK – Derek Luch, age 50, of Troy, New York, was sentenced today to 78 months in prison for receiving and possessing child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Luch admitted that between May 2021 and October 2021, he used a file-sharing service to download and receive numerous images of minors engaged in sexually explicit conduct, including images of pre-pubescent children, onto his computer and external hard drives. He also admitted that he possessed child pornography when he was arrested on November 4, 2021.

United States District Judge Mae A. D’Agostino also imposed a 15-year term of post-imprisonment supervised release, and ordered forfeiture of the electronic devices used as part of the offense.

This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators. The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping 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 – Dominic Zampini, age 27, of Liverpool, New York, was sentenced on November 10, 2022, to 84 months in federal prison for receiving and possessing child pornography, announced United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and New York State Police Acting Superintendent Steven A. Nigrelli.

As part of his guilty plea, Zampini admitted that between October 2020 and December 2020, he knowingly received child pornography images over the internet from another individual he met through a mobile application, and that in September, 2021 he possessed images depicting child pornography on two cell phones.

United States District Judge David N. Hurd also imposed a 10-year term of supervised release, which will begin after Zampini is released from prison, and ordered Zampini to pay $3,000 in restitution and a $300 special assessment. Zampini will also be required to register as a sex offender.

This case was investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations, and prosecuted by Assistant U.S. Attorney Matthew J. McCrobie as a part of Project Safe Childhood.

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

ALBANY, NEW YORK – Brandon Prawl, age 28, of Schenectady, New York, was convicted today of four counts of distributing heroin, possessing heroin with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime, following a 3-day jury trial.

The announcement was made by 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 New York State Police Acting Superintendent Steven A. Nigrelli.

The evidence at trial established that on four dates in September 2019, Prawl distributed heroin out of a residence in Schenectady.  On October 4, 2019, Prawl was found in possession of a .45 caliber pistol and loaded magazine, more than 21 grams of heroin, and drug distribution paraphernalia at the same residence.  The jury concluded that Prawl possessed the heroin for distribution, and the firearm in furtherance of his drug trafficking activities.

Prawl faces at least 5 years and up to life in prison when he is sentenced by United States District Judge Glenn T. Suddaby on March 30, 2023.  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 ATF and New York State Police, and is being prosecuted by Assistant United States Attorneys Ashlyn Miranda and Emmet O’Hanlon.

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 – Debra Hackstadt, age 68, of Albany, was sentenced today to 16 months in prison for fraudulently obtaining 32 government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

United States Attorney Carla B. Freedman stated: “Today’s sentence holds Debra Hackstadt accountable for a prolific fraud. She took advantage of an economically devastating pandemic and stole money that was earmarked for legitimate businesses struggling to stay afloat. With our law enforcement partners, we will continue to investigate and prosecute those who have stolen from pandemic relief programs.”

FBI Special Agent in Charge Janeen DiGuiseppi stated: “Debra Hackstadt defrauded government loan programs established to help small businesses recover from the devastating financial impacts of the pandemic. By lying to obtain multiple loans, Hackstadt took over a million dollars away from deserving companies who were in desperate need of support. Today’s sentence ensures she will answer for her criminal acts. The FBI, together with our law enforcement partners, will continue to investigate and hold accountable anyone looking to steal money from these critical government programs.”

Hackstadt pled guilty to wire fraud on May 19, 2022. She admitted that between April 30, 2020 and June 11, 2021, she fraudulently obtained $1,615,546 from two pandemic relief loan programs – the Paycheck Protection Program (“PPP”), whose loans are issued by private financial institutions and backed by the federal government, and Economic Injury Disaster Loans (“EIDLs”), which are issued directly by the U.S. Small Business Administration (SBA).  These loans were issued to Hackstadt herself, certain of her family members and acquaintances, and several companies controlled by Hackstadt or her family members. 

United States District Judge Glenn T. Suddaby ordered Hackstadt to pay $1,696,324.96 in restitution and to forfeit an additional $254,812, representing the amount of money she personally obtained from the fraud. He also imposed a 2-year term of post-imprisonment supervised release.

Hackstadt committed the fraud by lying to the SBA and various PPP lenders on loan applications, including by making up and grossly overstating the number of employees and payrolls of the companies and sole proprietorships for which she obtained loans.  Many of the PPP applications also included false tax documents that Hackstadt created as part of the scheme.  In total, Hackstadt’s scheme resulted in the issuance of 27 PPP loans and five EIDLs.

Hackstadt also admitted that in addition to these loans, she fraudulently obtained two other business loans from private lenders.  She fraudulently obtained a $42,290 loan in October-November 2019, and promptly defaulted on it, and fraudulently obtained a $48,500 loan in June 2021, and promptly defaulted on it.

This case was investigated by the FBI, and was prosecuted by Assistant U.S. Attorneys Michael Barnett 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.

SYRACUSE, NEW YORK – Cedric L. Hudson, Jr., 36, of Syracuse, New York, is charged in a federal indictment filed today alleging he possessed a firearm and ammunition as a convicted felon, announced United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Acting Superintendent Steven A. Nigrelli.

Hudson was previously charged by a federal criminal complaint and made his initial appearance on October 21, 2022, before United States Magistrate Judge Andrew T. Baxter.  Hudson is detained without bail pending a trial. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Hudson carries a maximum sentence of 15 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.

This case is being investigated by Federal Bureau of Investigation (FBI), and the New York State Police (NYSP), with assistance from the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Onondaga County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Richard Southwick 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.

ALBANY, NEW YORK – Jason Seminary, age 44, of Duanesburg, New York, was ordered detained today following his indictment last week for unlawfully possessing a firearm and ammunition on December 26, 2021.

The announcement was made by United States Attorney Carla B. Freedman and Guilderland Police Chief Daniel P. McNally.

The indictment charges Seminary, a previously convicted felon, with possessing a loaded Ruger .22 caliber rifle on December 26, 2021, in Schenectady County.

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

Seminary was arraigned on November 1 and, following a detention hearing held today before United States Magistrate Judge Daniel J. Stewart, ordered detained pending trial. 

This case is being investigated by the Town of Guilderland Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Town of Rotterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Rhasha Wright, age 30, of Roosevelt, New York, was sentenced today to 24 months and a day in prison for scheming with New York State prisoners to defraud pandemic-related unemployment insurance programs.

The announcement was made by United States Attorney Carla B. Freedman; Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG); Matthew Scarpino, Acting 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); Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision (NYSDOCCS); and Roberta Reardon, Commissioner of the New York State Department of Labor (NYSDOL).

Wright previously pled guilty to conspiracy to commit mail fraud and aggravated identity theft. She admitted to conspiring with co-defendants Reginald Thornton and Lord Paulin, two inmates at the Bare Hill Correctional Facility in Malone, New York, to defraud the NYSDOL by submitting false unemployment insurance claims to NYSDOL in Paulin’s name and in the name of another Bare Hill prisoner. Prisoners were not eligible to receive unemployment insurance benefits.

United States District Judge Glenn T. Suddaby also sentenced Wright to serve 1 year of post-release supervision and ordered her to pay $11,696 in restitution to the State of New York..

Thornton previously pled guilty to participating in two prison-based unemployment insurance fraud conspiracies and was sentenced to 51 months in federal prison, to be served after his state prison term ends. Paulin was sentenced to 19 months in federal prison, to be served after his state sentence ends.  A fourth defendant, Briana Garland, previously pled guilty to conspiring with Thornton to submit a fraudulent claim in Thornton’s name and is awaiting sentencing.  

The cases were investigated by USDOL-OIG, HSI, USPIS, and the Offices of Special Investigations of NYSDOCCS and NYSDOL. The cases were prosecuted by Assistant U.S. Attorney 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 – Dion Underwood, age 45, of Johnstown, New York, pled guilty today to conspiracy to distribute heroin and cocaine in Albany, announced 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.

Underwood admitted that between January and December 2021, he supervised others in a conspiracy to distribute cocaine and heroin in the Capital Region, including Albany, Schenectady, and Montgomery Counties. 

Underwood pled guilty before United States District Judge Glenn T. Suddaby.  Sentencing is scheduled for March 30, 2023.  Underwood faces a minimum of 5 years in prison, a maximum of 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Underwood also agreed to forfeit $39,403 seized by federal agents, as proceeds of the conspiracy.

This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Benjamin S. Clark.

ALBANY, NEW YORK – Ehab Kodsi, age 56, of Watervliet, New York, was sentenced today to pay restitution in the amount of $245,212, and to pay an additional $25,000 fine, after admitting to filing a false tax return and deliberately underreporting his income from 2015 to 2018.

The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CI).

Senior United States District Judge Lawrence E. Kahn ordered Kodsi to pay $245,212 to the IRS, and Kodsi has already made this payment. Judge Kahn also imposed 1 year of probation, to include 100 hours of community service.

Kodsi is the sole owner of a pain management clinic located in Queensbury, New York.  He is also a partner in a real estate company that owns several properties, including the office building in Queensbury that houses his pain management clinic.

In pleading guilty, Kodsi admitted that from 2015 to 2018, he underreported his businesses’ revenues to the IRS, and improperly deducted personal and business expenses.  As a result, Kodsi failed to report a total of $822,069 in income and failed to pay $245,212 in taxes.

Kodsi did not report income received from third parties reimbursing services provided by his pain management clinic, deducted personal expenses as business expenses, deducted the same business expense multiple times, and overstated business expenses related to his and his family’s use of vehicles.

This case was investigated by IRS-CI and prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Roderick Jones, age 43, of Albany, was sentenced today to 96 months in prison for two separate instances of unlawfully possessing a firearm as a previously convicted felon.

The announcement was made by United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Eric Hawkins of the Albany Police Department.

As part of his previously entered guilty plea, Jones admitted that he possessed a loaded .380 caliber pistol in his vehicle when he was arrested on impaired driving charges on January 17, 2019, after crashing his vehicle into a building on Rensselaer Street in Albany.   Jones further admitted that on September 29, 2019, he possessed a 9mm pistol that he discharged four times at two occupied residences in the Ida Yarbrough Homes in Albany.  On both occasions, prior felony convictions for robbery prevented Jones from legally possessing firearms in New York. 

United States District Judge Glenn T. Suddaby also ordered Jones to serve a 3-year term of supervised release following his release from prison.

This case was investigated by the Albany Police Department and ATF, with the assistance of the Albany County District Attorney’s Office.  It was prosecuted by Assistant U.S. Attorneys Dustin Segovia and Emmet O’Hanlon.

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.

SYRACUSE, NEW YORK – Muhammad Z. Aabdin, age 32, of the Bronx, New York, pled guilty today to offering a bribe to a public official, announced United States Attorney Carla B. Freedman and Special Agent in Charge Christopher F. Algieri, Veterans Affairs Office of Inspector General, Northeast Field Office.

In pleading guilty, Aabdin admitted that in September 2020, he offered a bribe to a contracting officer with the Veterans Administration (“VA”) in Syracuse. Specifically, Aabdin offered to share profits with the VA contracting officer in exchange for her awarding VA contracts to him for personal protective equipment (“PPE”). Aabdin made the initial bribe offer by email and then reiterated it in subsequent text messages and in a recorded phone conversation with an undercover agent posing as the contracting officer. In text messages dated October 15, 2020, Aabdin offered a bribe of $8,333.33 in the event he received a VA contract for N-95 masks leading to a total profit of $25,000.

The defendant will be sentenced on March 8, 2023 by United States District Judge Glenn T. Suddaby. Aabdin faces up to 15 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.

This case was investigated by VA Office of Inspector General, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Industrial Equipment and Supply Company, LLC (IESC) and its principals, Mark Nystoriak and Sandra Nystoriak, of Latham, New York have agreed to pay $75,000 to resolve allegations that they violated the False Claims Act for selling counterfeit batteries to the federal government on a contract valued at $33,928.60. 

The announcement was made by United States Attorney Carla B. Freedman; Scott Moreland, Special Agent in Charge, U.S. Army Criminal Investigation Division’s Major Procurement Fraud Field Office; Peter J. Tolentino, Special Agent in Charge, Naval Criminal Investigative Service, Economic Crimes Field Office; and William W. Richards, Special Agent in Charge, Air Force Office of Special Investigations, Office of Procurement Fraud, Detachment 6. 

“Our military received counterfeit batteries after a contractor cut corners to increase profits,” said United States Attorney Freedman.  “We will continue to use the False Claims Act to hold government contractors accountable when they do not meet contract requirements.” 

The Defense Logistics Agency (DLA) is the Department of Defense’s (DoD) combat logistics support agency and manages DoD’s supply chain, delivering consumable supplies to DoD components all over the world.  IESC contracted to sell batteries to DLA for a total contract amount of $33,928.60.  The contract required that the batteries be manufactured by SAFT America, Inc. and fit a standard military specification.   IESC represented that it would comply with the Buy American Act (BAA) and supply domestically manufactured batteries. IESC procured the batteries from a supplier in Singapore and failed to verify that the Singapore distributor was an authorized SAFT America distributor.  DLA distributed the batteries throughout its supply system, and later received reports that the batteries caused military equipment failures.  DLA subsequently determined the batteries were counterfeit. 

This settlement resolves the United States’ allegations that IESC violated the False Claims Act by recklessly disregarding a substantial risk that the batteries would be counterfeit when it procured batteries from an unauthorized distributor in Singapore, who offered a lower purchase price than an authorized SAFT distributor would have. 

This settlement was the result of a joint investigation by the U.S. Army Criminal Investigative Division, Syracuse Fraud Branch Office; the Naval Criminal Investigative Service, Economic Crimes Field Office; and the Air Force Office of Special Investigations, Procurement Fraud Detachment 6 Rome, New York. 

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

ALBANY, NEW YORK – Emmanuel Medina, age 35, of Albany, was indicted last week for unlawfully possessing a firearm and ammunition, possessing and intending to distribute heroin and fentanyl, and possessing a firearm in furtherance of a drug trafficking crime.

The announcement was made by United States Attorney Carla B. Freedman and Troy Police Chief Daniel DeWolf.

According to an indictment and a previously filed criminal complaint, Troy Police Officers responded to a domestic disturbance call in the early morning of June 27, 2022, and observed Medina outside of a house, placing something into a doorless Jeep Wrangler. Medina was initially not compliant with officers’ directives, but eventually stepped away from the vehicle and was safely detained.

Officers found a loaded Hi-Point Firearms .380 ACP pistol in the part of the Jeep where Medina had just been observed. Medina was prohibited from possessing the handgun and ammunition as a result of prior felony convictions.  Additionally, Troy Police Officers located a black box magnetically  attached to the vehicle’s undercarriage, which was found to contain a mixture of heroin and fentanyl stored in 350 small bags intended for resale. 

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

Medina has been in custody since his arrest on June 27, and will be arraigned at a later date.  If convicted on all charges, he faces at least 5 years and up to life in prison, and at least 3 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the Troy Police Department, with assistance from the U.S. Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and is being prosecuted by Assistant U.S. Attorney Michael Barnett.