Northern District of New York

ALBANY, NEW YORK – Vivian Letizia, age 64, of Stone Ridge, New York, was sentenced today to one year of probation for acquiring and obtaining a controlled substance by misrepresentation, fraud, deception or subterfuge.  Letizia was also ordered to undergo drug treatment and pay a $5,000 fine. 

Letizia has also paid the United States $100,000 to resolve her civil liability for the same conduct. 

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

Letizia was a dentist in Woodstock and authorized to prescribe controlled substances.  Letizia admitted that on several occasions in 2019 and 2020, she sent electronic prescriptions for oxycodone to various pharmacies in her patients’ names.  But these oxycodone prescriptions were not intended for the patients, as Letizia picked up the oxycodone and consumed it herself.  Letizia also ordered oxycodone to her dental practice for her own consumption.  As part of resolving this case, Letizia surrendered her DEA registration and is prohibited from re-applying for a new one.  She also agreed to surrender her New York State medical license.

This case was investigated by the New York State Department of Health, Bureau of Narcotic Enforcement, and DEA Albany District Office’s Diversion Group and Tactical Diversion Squad. 

The criminal case was prosecuted by Assistant U.S. Attorney Ashlyn Miranda.  The civil case was handled by Assistant U.S. Attorney Christopher R. Moran. 

ALBANY, NEW YORK – Joseph D. Radcliffe, age 75, of Elka Park, New York, was sentenced today to three years of probation, and to spend four consecutive weekends in jail as a condition of his probation, for conspiring with others to evade taxes on income earned from stock sales.

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).

Chief U.S. District Judge Glenn T. Suddaby also ordered Radcliffe to pay $109,106 in restitution to the IRS.

Radcliffe, a former Wall Street stockbroker, pled guilty in December 2021 and admitted that from at least 2013 through 2019, he conspired with two family members to receive hundreds of thousands of dollars in personal income that went unreported to the IRS, allowing him to defraud the IRS and evade the assessment and payment of taxes on approximately $500,000 in unreported income.  At the time he was evading the payment of taxes, Radcliffe also owed more than $1 million to the U.S. Securities and Exchange Commission (SEC), after settling fraud allegations with the SEC in 2011.  Radcliffe has also failed to repay the SEC. 

In imposing sentence, Chief Judge Suddaby called Radcliffe’s conduct “outrageous” and said Radcliffe had “doubled down” after his SEC fraud settlement in 2011, by subsequently defrauding the IRS.

Radcliffe’s unreported income originated from capital gains earned in brokerage accounts standing in the names of Crackerjack Classics LLC and Universal Consulting LLC.  These companies made payments to Radcliffe, and for his benefit, including the following:

• $128,147 in mortgage payments and interest that the companies paid, from 2014 through 2019, to the bank that held the mortgage on Radcliffe’s house in Elka Park;

• $109,022 that the companies paid to a New Jersey law firm, in 2014, 2015 and 2017, to settle Radcliffe’s unpaid bills; and

• $99,675 that the companies paid, in 2015 and 2016, in checks made out to “Cash” and which Radcliffe negotiated for himself or had others negotiate for his benefit.

 

Radcliffe and his co-conspirators did not report Radcliffe’s income to the IRS.  Radcliffe further admitted that he did not file a tax return for himself, or otherwise report his income to the IRS, for the tax years 2013 through 2019.  He did not maintain any bank or brokerage accounts in his name, and he did not hold or trade any securities in his own name.

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

ALBANY, NEW YORK – Former New York State Department of Labor (NYSDOL) employee Wendell Giles, age 52, of Albany, pled guilty today to mail fraud and aggravated identity theft charges.

The announcement was made by 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 Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG).

As part of his guilty plea, Giles admitted that he and another former NYSDOL employee, Carl J. DiVeglia III, abused their state computer systems access to create and approve false unemployment insurance (UI) applications in 2020 and 2021, including applications for the federal Pandemic Unemployment Assistance (PUA) program.

Giles recruited relatives, friends and friends-of-friends to submit false benefits applications over the phone to DiVeglia after Giles had instructed them to lie in response to eligibility questions. Giles and DiVeglia then took a share of the benefits paid by NYSDOL on the false claims.  Giles used his share to enrich himself, including by purchasing a three-wheeled motorcycle. In text messages, DiVeglia suggested a vanity license plate for Giles’s new vehicle, “TY PUA,” which Giles understood to mean “Thank You Pandemic Unemployment Assistance.” Giles responded, “Lol.”  Giles had been employed as a Senior Employment Security Clerk, and DiVeglia as a Labor Services Representative.

Giles admitted responsibility for $826,530 in losses to pandemic-related UI benefits programs administered by the state.  He has agreed to pay full restitution to NYSDOL. DiVeglia previously pled guilty to related charges and also agreed to pay restitution.

The mail fraud conviction carries a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The aggravated identity theft conviction carries a mandatory term of 2 years in prison, to be imposed consecutively to any other term of imprisonment.  Giles is scheduled to be sentenced on January 5, 2023 by Chief United States District Judge Glenn T. Suddaby. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the FBI and USDOL-OIG, with assistance from the NYSDOL Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorneys John T. Chisholm and Joshua R. Rosenthal.

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

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

ALBANY, NEW YORK – Kristen Blair Hiltunen, age 37, of Amsterdam, New York, pled guilty today to sexual exploitation of 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). 

Hiltunen admitted that between April 2021 and August 2021, she engaged in a sexual relationship with a minor victim who was under 16 years of age.  During this period of time, Hiltunen exchanged thousands of messages with the victim over a social media application through which she persuaded, induced and enticed the victim to take sexually explicit images and send them to Hiltunen.  Hiltunen further engaged in livestreamed video chats with the victim during which the victim engaged in sexual acts.

Hiltunen, who remains detained pending sentencing scheduled for January 5, 2023, faces at least 15 years and up to 30 years in prison.  The Court will also impose a term of supervised release of between 5 years and life, and Hiltunen will be required to register as a sex offender as a result of this conviction.  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 was investigated by the FBI and its Child Exploitation Task Force, which includes FBI Special Agents, and state and local police investigators, including members of the Rotterdam Police Department.  This case is being 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).  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 – Wakeem Ricks, age 31, of Albany, pled guilty today to four counts of distributing cocaine base.

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

As part of his guilty plea, Ricks admitted that he sold cocaine base to another individual on four separate occasions in Albany in September 2021. 

At his sentencing, scheduled for January 5, 2023, Ricks faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the DEA, Albany Police Department, and Albany County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Dustin Segovia. 

SYRACUSE, NEW YORK – Melisa Muminovic, age 25, of Utica, New York, pled guilty yesterday to conspiring to distribute and possess with intent to distribute 40 grams or more 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 Superintendent Kevin P. Bruen, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division, and Chief Mark Williams, Utica Police Department.

As part of her guilty plea yesterday, Muminovic admitted from at least January 2021 through July 2021, she agreed with others to distribute and possess with intent to distribute 40 grams or more of a mixture containing fentanyl to customers in the Utica, New York area. Muminovic further admitted that she accompanied co-conspirators to the New York City area to purchase fentanyl, which was then sold in the Utica area.

At her sentencing, currently scheduled for December 14, 2022, Muminovic faces a maximum potential sentence of 40 years’ imprisonment, with a mandatory minimum term of five years’ imprisonment a term of supervised release of between 5 years and life, and a maximum fine of $5,000,000. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being 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 is being prosecuted by Assistant U.S. Attorneys Matthew J. McCrobie and Richard Southwick.

SYRACUSE, NEW YORK - Chantal Jaquez, age 20, of Syracuse, was sentenced yesterday to serve 111 months in federal prison for robbing a Syracuse convenience store and brandishing a semi-automatic rifle in furtherance of the robbery, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), United States Marshal David McNulty, Chief Joseph Cecile, City of Syracuse Police Department (SPD), and William Fitzpatrick, Onondaga County District Attorney.

As part of her previous guilty plea to robbery of a business engaged in interstate commerce (the Hobbs Act) and using a firearm in furtherance of a federal crime of violence, Jaquez admitted that on December 21, 2020, at about 10:45 am, she and another person robbed a convenience store in Syracuse, NY. During the robbery, the other robber carried a handgun and Jaquez carried a rifle. Jaquez went behind the counter where the clerk was standing and pointed the rifle at the clerk. While fleeing the store, the other robber fired several rounds from his handgun at the store clerk. One of the bullets struck Jaquez in the leg.

Chief United States District Judge Glenn T. Suddaby also sentenced Jaquez to a five-year term of supervised release to begin after she serves her term of imprisonment.

This case was investigated by the Syracuse Police Department’s Criminal Investigations Division (SPD-CID), the SPD Intelligence Section (SPD-Intel), the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Onondaga County District Attorney’s Office, and the United States Marshals Fugitive Task Force, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

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 – Jillian Eckberg, age 43, of Oneonta, New York, was sentenced yesterday to serve 70 months in federal prison for trafficking methamphetamine, heroin and fentanyl. 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 Kevin P. Bruen, Superintendent of the New York State Police.

As part of her previously entered guilty plea, Eckberg admitted she trafficked methamphetamine, heroin and fentanyl from New York City to the areas of Tupper Lake, Saranac Lake and Lake Placid, New York, where she delivered the narcotics to customers who redistributed them.  Eckberg admitted that throughout her involvement, she distributed approximately 900 grams of methamphetamine, approximately 54 grams of heroin and approximately 90 grams of fentanyl.

Chief United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release, which will start after Eckberg is released from prison.

This case was investigated by DEA and New York State Police and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Renee Burnell, age 49, of Hudson Falls, New York, pled guilty today in connection with a scheme to defraud two banks using the personal information of the customers of her plumbing and heating business.

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).

Burnell pled guilty to bank fraud and aggravated identity theft.  She admitted that between August 2019 and January 2020, she defrauded Synchrony Bank and The Bank of Missouri by applying for lines of credit with each bank using her customers’ personally identifiable information and then using the lines of credit to falsify purchases that benefitted her plumbing and heating business. Burnell admitted that her scheme resulted in a loss of $119,264.43 to The Bank of Missouri and a loss of $13,912.00 to Synchrony Bank.

The bank fraud conviction carries a maximum sentence of 30 years in prison and a maximum fine of up to $1 million. The aggravated identity theft conviction carries a mandatory term of 2 years in prison, to be imposed consecutively to any other term of imprisonment. The court may also require Burnell to serve a term of supervised release of up to 5 years to begin after imprisonment. Burnell is scheduled to be sentenced in January 2022, by Senior United States District Judge Lawrence E. Kahn. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

SYRACUSE, NEW YORK – Marvin Antonio Lantigua, age 31, of New York City, pled guilty today to possessing with intent to distribute a kilogram of fentanyl, announced United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, and Syracuse Police Chief Joseph Cecile.

As part of his guilty plea today, Lantigua admitted that in early November 2021, he was in contact with a drug dealer in Syracuse via Facebook. After discussion, Lantigua agreed to deliver 1000 bricks (50,000 bags) of fentanyl from New York City to Syracuse for $75,000.00.  On November 8, 2021, DEA Special Agents, Syracuse Police Detectives, and Syracuse Police Patrol Officers stopped two vehicles on the Court Street exit of Route 81 North, one of which was being driven by Lantigua. A subsequent search of one of the vehicles located two large bags that were found to contain 1007 bricks (50,350 bags) containing fentanyl that totaled approximately one kilogram in weight. After waiving his Miranda rights, Lantigua admitted that he was delivering the fentanyl to Syracuse from New York City as part of a drug deal. At the time of his arrest, Lantigua was on New York State parole in connection with a prior drug felony conviction.

Sentencing is scheduled for December 15, 2022, in Syracuse, at which time the defendant faces a maximum sentence of life and a minimum sentence of ten years in prison, a fine of up to ten million dollars, and a post-imprisonment term of supervised release of between five 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 is being investigated by United States Drug Enforcement Administration (DEA) and the Syracuse Police Department-Special Investigations Division (SPD-SID), with assistance from Investigators of the Onondaga County District Attorney’s Office, Detectives of the Onondaga County Sheriff’s Office, and U.S. Border Patrol Agents, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

SYRACUSE, NEW YORK - Stephon Williams, age 38, of Brooklyn, New York, was sentenced yesterday to serve 41 months in federal prison for possessing ammunition as a previously convicted felon. The announcement was made by United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office, and Timothy Walker, Port Director-Alexandria Bay Port of Entry, U.S. Customs and Border Protection (CBP).

As part of his previous guilty plea in this case, Williams admitted that on September 24, 2021, a vehicle he was driving was stopped and searched by agents of United States Customs and Border Protection (CBP) near Alexandria Bay, New York.  During the search, Williams was found in possession of a Glock-style, 9mm semi-automatic pistol, with no serial number, also known as a “ghost gun.”  At the time the pistol was located by CBP agents, the pistol contained a 30-round high-capacity magazine with 25 rounds of ammunition.  Williams was prohibited from possessing firearms and ammunition due to a previous conviction for Criminal Sale of a Controlled Substance in the Fourth Degree, a Class C felony in the State of New York.

United States District Judge David N. Hurd also imposed a 3-year term of supervised release, which will start after Williams is released from prison.

The case was investigated by the Buffalo Field Office of Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP) and was prosecuted by Assistant U.S. Attorney Adrian LaRochelle.

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.

ALBANY, NEW YORK – Guy Cuomo a/k/a “John Monaco,” age 54, of Frederick, Maryland, was sentenced today to 45 months in prison for computer fraud, misuse of a social security number, aggravated identity theft and related conspiracy charges for his role in a scheme to sell information unlawfully obtained from the New York State Department of Labor and workforce agencies in other states.

The announcement was made by United States Attorney Carla B. Freedman and Jonathan Mellone, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (USDOL-OIG).  

The evidence at Cuomo’s 5-day trial showed that Cuomo worked for and managed companies owned by Jason “J.R.” Trowbridge in Frederick, Maryland, including Paymerica Corporation.  Paymerica researched where purported debtors worked and sold the employer information—called place-of-employment information or “POE”—to debt collectors and companies selling information to debt collectors.  In the debt collecting industry, the process is known as “skiptracing.” 

To obtain the place-of-employment information, Cuomo and other members of the conspiracy pretended to be the debtors, created thousands of online unemployment insurance applications in the debtors’ names and with the debtors’ personal identifiers, including social security numbers, and completed the applications to the point where each debtor’s last known place of employment appeared.  After confirming that the debtors worked for the relevant employers, Paymerica sold the place-of-employment information for approximately $90 per debtor.  Over the course of approximately three years, Paymerica made nearly $1 million selling the stolen place-of-employment information. 

Cuomo, Trowbridge and other conspirators took a number of steps to hide their activities from state agencies and law enforcement, including using Virtual Private Networks, or VPNs, to mask the Internet Protocol addresses used to access and fill out the unemployment insurance applications in the debtors’ names.  The evidence showed that the scheme involved attempts to obtain place-of-employment information for as many as 200,000 people from all 50 states and that Paymerica sold place-of-employment information for at least 12,000 people from 40 states.

United States District Judge Mae A. D’Agostino also ordered Cuomo to serve a 3-year term of supervised release, to begin after he is released from prison.

On March 10, 2022, Senior United States District Judge Thomas J. McAvoy accepted an agreed-upon sentence and ordered that Trowbridge—who pled guilty to conspiracy, misuse of social security number, and aggravated identity theft on November 9, 2021—serve 39 months in prison to be followed by a 2-year term of supervised release, and to pay a $30,000 fine.  Trowbridge also agreed to forfeiture of $446,996.46 held in various bank accounts tied to the scheme.  

Trowbridge and Cuomo’s five co-defendants previously pled guilty to the following charges and will be sentenced by Judge D’Agostino at a later date:

Defendant

Charge(s)

Maximum Prison Term

Robin Chapin a/k/a “Thomas Price,” age 64, of Frederick, Maryland

Conspiracy to commit computer fraud, accessing a protected computer and obtaining information, aggravated identity theft

Two years for aggravated identity theft, maximum term of 10 years on remaining charges

Rebecca Fogle a/k/a “Roxanne Morris” and “Jessica Felton,” age 28, of Woodsboro, Maryland

Conspiracy to commit computer fraud, accessing a protected computer and obtaining information, aggravated identity theft

Two years for aggravated identity theft, maximum term of 10 years on remaining charges

Shamair Brison a/k/a “Felicia Carter,” age 37, of Frederick, Maryland

Aggravated identity theft

Two years

Sarah Bromfield a/k/a “Nicole Wagner,” age 42, of Frederick, Maryland

Aggravated identity theft

Two years

Anna Hardy a/k/a “Sarah Thomas,” age 69, of Frederick, Maryland

Aggravated identity theft

Two years

A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The case was investigated by USDOL-OIG, with assistance from the New York State Department of Labor, Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and Cyrus P.W. Rieck.  The case was also prosecuted to indictment by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Ibrahim K. Boyd, age 32, of Albany, appeared today on an indictment alleging he engaged in fraudulent schemes to obtain government benefits and other funds intended to help out-of-work New Yorkers and struggling small businesses during the COVID-19 pandemic.

The announcement was made by United States Attorney Carla B. Freedman; New York State Inspector General Lucy Lang; Matthew Scarpino, 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); and Jonathan Mellone, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (USDOL-OIG).

The indictment alleges that Boyd submitted a false unemployment insurance application using the personal information of another person to the New York State Department of Labor (NYSDOL) and obtained more than $16,000 in benefits for his personal gain. Additionally, Boyd allegedly made up two fake businesses to obtain a Paycheck Protection Program loan and U.S. Small Business Administration disaster-related funding, totaling in excess of $28,000. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Boyd was arraigned today before United States Magistrate Judge Daniel J. Stewart and ordered released pending trial.

The indictment, returned by a grand jury on July 28, 2022, alleges mail fraud, wire fraud, and aggravated identity theft offenses. The mail fraud and wire fraud charges each carry maximum terms of 20 years in prison, fines of up to $250,000, and a term of supervised release of up to 3 years. The aggravated identity theft charge carries a mandatory term of 2 years in prison, to be imposed consecutive to any other term of imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The case is being investigated by the New York State Inspector General’s Office, HSI, USPIS, and USDOL-OIG, with assistance from the NYSDOL Office of Special Investigations. The case is being prosecuted by Assistant U.S. Attorney John T. Chisholm

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 – Kahleke Taylor, age 21, of Albany, pled guilty today to mail fraud, wire fraud and aggravated identity theft charges related to a scheme to obtain COVID-19 pandemic-related unemployment insurance benefits using the personal information of other people. Taylor admitted his fraud scheme resulted in a loss of $207,004 to the New York State Department of Labor (NYSDOL).

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

In his plea, Taylor admitted to soliciting personal information from other people on social media. He used the information to make false unemployment insurance applications on NYSDOL’s website. On one application he filed in August 2020, for example, Taylor certified that a person had lost work at a hotel in Latham, New York in March 2020 due to “Lack of Work – COVID,” all of which was false. From September 2020 through June 2021, the applications Taylor admitted to filing as part of the fraud scheme resulted in benefits payments of $207,004. Taylor has agreed to pay full restitution to NYSDOL.

Taylor’s mail fraud and wire fraud convictions each carry maximum terms of 20 years in prison, fines of up to $250,000, and terms of supervised release of up to 3 years. The aggravated identity theft conviction carries a mandatory term of 2 years in prison, to be imposed consecutively to any other term of imprisonment. Taylor is scheduled to be sentenced on December 8, 2022, by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by HSI, the New York State Inspector General’s Office, USDOL-OIG, and USPIS, with assistance from the NYSDOL Office of Special Investigations and the Schenectady County Department of Social Services, and is being prosecuted by Assistant U.S. Attorney John T. Chisholm.

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 – Muhammad Coleman, age 42, of Schenectady, New York, was sentenced today to 30 months in prison, to be followed by 3 years of supervised release, for unlawfully possessing a firearm as a felon, and for possessing and conspiring to distribute marijuana.

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

In previously pleading guilty, Coleman admitted that he conspired to sell marijuana from his Schenectady residence from at least May to October 2021.  He also admitted to possessing about 20 pounds of marijuana, and to possessing a 10 mm Caspian Arms handgun, when the DEA searched his house on October 21, 2021.  Coleman was not permitted to possess this firearm as a result of a prior drug felony conviction.

Coleman agreed to forfeit, as proceeds of the marijuana conspiracy, $319,387 in U.S. currency, and nine items of jewelry collectively worth more than $100,000, which the DEA seized on October 21, 2021.

This case was investigated by the DEA’s Capital District Drug Enforcement Task Force, which includes DEA Special Agents and investigators from state and local law enforcement agencies, including the Saratoga Springs Police Department, the Saratoga County Sheriff’s Office, and the Washington County Sheriff’s Office.  The case was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Briana Garland, age 29, of Uniondale, New York, pled guilty today to conspiring with a New York State prisoner to obtain unemployment insurance benefits by fraud. Garland’s plea is the fourth and final plea in related cases stemming from pandemic-related schemes involving prisoners at the Bare Hill Correctional Facility in Malone, New York.

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).

In pleading guilty to conspiracy to commit mail fraud, Garland admitted to submitting a false unemployment insurance claim to NYSDOL in the name of Bare Hill inmate Reginald Thornton. Prisoners were not eligible to receive unemployment insurance benefits. Garland agreed to pay restitution in the amount of $19,580 to the State of New York.

United States Attorney Carla B. Freedman stated: “These state prisoners were already incarcerated for other, serious crimes, and now they will serve more time for committing fraudulent schemes from behind bars. Thanks to the work of our federal and state partners, Briana Garland and the other defendants will not escape accountability for defrauding a program intended to help out-of-work New Yorkers put food on the table and pay their bills in the midst of a global public health crisis.”

USDOL-OIG Special Agent in Charge Jonathan Mellone stated: “Briana Garland and her coconspirators engaged in a scheme to defraud the New York State Department of Labor by filing for unemployment insurance (UI) benefits in the names of incarcerated individuals who were not entitled to such benefits. We will continue to work with our law enforcement partners to protect the integrity of the UI system from those who exploit these benefit programs.”

HSI Acting Special Agent in Charge Matthew Scarpino stated: “It is despicable that during such a difficult financial time in our history that Garland would attempt to fraudulently claim benefits meant for individuals who are struggling to find legitimate work during a pandemic. Her crimes were further exacerbated by her conspiring with a known, incarcerated criminal.  HSI will continue to identify and hold accountable those that steal from the government and the pockets of American taxpayers.”

USPIS Inspector in Charge Ketty Larco-Ward stated: “Whenever criminals use the U.S. Mail to further pad their pockets at the expense of hard-working Americans, the U.S. Postal Inspection Service will be there to bring them to justice. Today’s plea highlights how proud we are of our law enforcement partnerships, and how we will continue to stand ready to assist in thwarting crimes like these.”

Garland’s mail fraud conviction carries a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. She is scheduled to be sentenced on December 8, 2022 by Chief United States District Judge Glenn T. Suddaby. 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.

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. Two other defendants, Rhasha Wright and Bare Hill inmate Lord Paulin, previously pled guilty to conspiring with Thornton to obtain unemployment insurance benefits in the names of Paulin and another inmate. Paulin was sentenced to 19 months in federal prison, to be served after his state sentence ends. Wright is awaiting sentencing.

New York State Department of Labor Commissioner Roberta Reardon said: “The New York State Department of Labor is committed to fighting unemployment fraud, because every dollar stolen is a dollar taken away from a law-abiding New Yorker who needs it. This case was uncovered through our ongoing partnership with the New York State Department of Corrections and Community Supervision, and I’m grateful to the United States Department of Justice for seeing that those who commit fraud are held accountable.”

The cases were investigated by USDOL-OIG, HSI, USPIS, and the Offices of Special Investigations of NYSDOCCS and NYSDOL. The cases are being prosecuted by Assistant U.S. Attorneys John T. Chisholm and Joshua R. Rosenthal.

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

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

ALBANY, NEW YORK – North Country Neurology, P.C., a physician-owned medical practice located in Watertown, New York, has agreed to pay $850,000 for what it admitted was “improper” and “reckless” billing to the federal government for medical services, announced United States Attorney Carla B. Freedman.

“The integrity of our federal health care system depends on accurate and honest billing by medical providers,” said United States Attorney Freedman.  “While North Country Neurology will pay a steep price for submitting false claims for payment to Medicare, I commend the practice and its management for accepting responsibility for its past actions and for implementing forward-looking compliance measures in response to our investigation to assure systems are in place to facilitate and promote ethical and legal conduct in the future.”

North Country Neurology employed physicians and a physician assistant who rendered care to Medicare beneficiaries.  In certain circumstances, Medicare allows practices to bill for services rendered by a non-physician practitioner (NPP), including a physician assistant, “incident to” the services that are personally rendered by a physician.  These services, even though not personally rendered by a physician, may be billed in a physician’s name if several requirements are met.  One such requirement is that a physician directly supervise the NPP rendering the services, meaning that a physician is present in the office suite and immediately available to furnish assistance and direction throughout the procedure.  Although Medicare will reimburse practices for certain procedures rendered by NPPs without a physician’s direct supervision, such services are reimbursed at a lesser rate than service rendered or directly supervised by a physician.

North Country Neurology admitted that, on 120 occasions from September 2015 through June 2019, it “submitted or caused to be submitted claims for payment to Medicare that improperly listed a physician as the rendering provider for services rendered by a physician assistant when no physician was physically present in the office and immediately available to furnish assistance and direction throughout the performance of the procedure.”  The practice further admitted that it “knew or should have known the requirements of incident-to billing and that it was improper to submit claims to Medicare in a physician’s name for services rendered by an NPP when no physician was in the office” because, among other reasons, its billing company had informed the practice’s owner of separate incident-to billing violations several years earlier.

North Country Neurology also improperly billed Medicare for the drug Botox, even though the same Botox had already been paid for by other insurers.  From March 2015 through February 2021, North Country Neurology purchased Botox for its Medicare patients, while its other patients purchased Botox at a specialty pharmacy and had it shipped to the practice.  The practice admitted that on approximately 761 occasions during this period, its providers administered and the practice billed Medicare for Botox that was paid for by another insurer “in reckless disregard to the fact that Medicare reimbursement for the administration of Botox included reimbursement for the cost of the drug being administered.”

North Country Neurology acknowledged that, during the period covered by the settlement agreement, it “had an insufficient compliance program, and one that was not well-suited to identify fraud, waste, and abuse.”  Shortly after learning of the United States’ investigation, the practice voluntarily retained a third-party compliance and practice-management consultant to help it develop and implement various practices and procedures to ensure compliance with federal rules and regulations going forward.

“This settlement is another example of our commitment to holding the health care industry accountable for proper billing practices,” said Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Office of Investigations.  “Along with our law enforcement partners, HHS-OIG will continue to ensure that individuals and entities billing federal health care programs do so in an honest manner.”

The investigation and settlement were the result of a coordinated effort among the United States Attorney’s Office for the Northern District of New York, HHS-OIG, and the Defense Criminal Investigative Service Northeast Field Office.  The United States was represented by Assistant United States Attorney Adam J. Katz.

ALBANY, NEW YORK – Dennis Lavigne, age 47, of Vermont, pled guilty today to attempting to coerce and entice a minor to engage in sexual acts with him and to transporting 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 guilty plea, Lavigne admitted that between November 19-24, 2019, he exchanged sexually explicit text messages with an undercover officer posing as the mother of an 11-year-old child.  In these messages, Lavigne expressed a desire to engage in sexually explicit conduct with the child.  On November 24, 2019, Lavigne traveled from Vermont to Albany, with the intent to engage in sexual acts with the purported 11-year-old 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.   

Lavigne was a registered sex offender at the time of these crimes; he was previously convicted in Vermont of aggravated sexual assault of a victim under the age of 10.  

Lavigne faces at least 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life.  United States District Judge Mae A. D’Agostino will sentence him on December 6, 2022.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department and New York State Police.  This case is being 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).  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 - Alexis Miranda, age 27, of New Hartford, New York, was arraigned last week on charges relating to the distribution of methamphetamine, heroin and fentanyl, and for possessing four pistols from which the serial numbers had been removed and obliterated.

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).

According to the indictment, Miranda conspired to distribute methamphetamine, heroin, and fentanyl between August 2019 and October 8, 2019, and distributed methamphetamine on September 12, 2019. The indictment also charges Miranda with possessing with intent to distribute heroin and fentanyl on August 29, 2020 and possessing four defaced pistols. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Miranda had a detention hearing today before United States Magistrate Judge Daniel J. Stewart and was released on conditions pending a trial before Chief United States District Judge Glenn T. Suddaby.

Miranda faces a maximum sentence of life in prison, a mandatory minimum sentence of 10 years, 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 was investigated by the ATF, the Schenectady County Sheriff’s Office, the Montgomery County Sheriff’s Office, and the New York State Police, with assistance from Homeland Security Investigations (HSI). The case is being prosecuted by Assistant United States Attorney Alexander Wentworth-Ping.

UTICA, NEW YORK – Eric L. Henderson, age 38, formerly of Ilion, New York, pled guilty today to failing to update his registration as a sex offender after he fled New York State parole supervision and moved to South Carolina, announced United States Attorney Carla B. Freedman and United States Marshal David L. McNulty.

Henderson must register as a sex offender because he was convicted of rape-third degree in 2020, in Herkimer County. In pleading guilty today, Henderson admitted that following his release from state prison in May 2021, he cut off contact with his state parole officer and fled to Kingstree, South Carolina, without updating his sex offender registration in New York or registering as a sex offender in South Carolina.  Henderson was arrested on October 27, 2021, in South Carolina, by the United States Marshals Carolinas Regional Fugitive Task Force.

Henderson faces up to 10 years in prison, and a term of supervised release of at least 5 years and up to life, when he is sentenced 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 was investigated by the United States Marshals Service NY/NJ Regional Fugitive Task Force, with assistance from the Carolinas Regional Fugitive Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Brian White, age 67, of Cicero, New York, pleaded guilty today to receipt of child pornography. The announcement was made by 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 Superintendent Kevin P. Bruen.

As part of his guilty plea, White admitted that between June 2021 and January 2022, he knowingly downloaded approximately 264 images and 170 videos of child pornography using an internet peer-to-peer network.  He further admitted that in January 2022 he possessed numerous images and video files depicting child pornography on several digital storage devices.

At sentencing, which is currently scheduled for December 7, 2022, White faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life, and will be required to register as a sex offender upon his release from prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being 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.

UTICA, NEW YORK – Edward Mercado, age 35, of Los Angeles, California, was sentenced today to serve 7 years in federal prison for traveling to New York from California for the purpose of engaging in illicit sexual conduct with a 10-year-old 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).

As part of his previous guilty plea, Mercado admitted that from May of 2021 through June of 2021 he engaged in numerous telephone conversations and exchanged sexually explicit text messages with an undercover officer posing as the mother of 10-year-old girl.  In these telephone calls and text messages, Mercado expressed a desire to engage in sexually explicit conduct with the child.  Mercado further admitted that on June 3, 2021, he traveled from California to Syracuse, New York in order to meet with the child and engage in sexual conduct with her at a location in the Ithaca area.  Mercado was arrested after arriving at the Syracuse airport and has been in custody since that date.

United States District Judge David N. Hurd also imposed a 15 year term of supervised release, which will start after Mercado is released from prison, and ordered him to pay a $3,000 fine and a $100 special assessment. Mercado will also be required to register as a sex offender.

This case was investigated by the FBI Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI).  The case was prosecuted by Assistant U.S. Attorney Geoffrey Brown as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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 – John Seiselmyer, age 50, of Utica, New York, was sentenced today to serve 15 years in federal 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), and New York State Police (NYSP) Superintendent Kevin P. Bruen.

As part of his previous guilty plea, Seiselmyer, admitted that from February 2020 to June 2020 he used a laptop computer to download child pornography over the internet using peer-to-peer file sharing software. A subsequent search of Seiselmyer’s apartment revealed that he was in possession of over 9,000 images and 955 video files depicting child pornography.  Seiselmyer is a registered sex offender who was convicted in 2007 of Criminal Sexual Act in the First Degree involving a victim who was less than 11 years old.

Chief United States District  Judge Glenn T. Suddaby also imposed a 25 year term of supervised release, which will start after Seiselmyer is released from prison, and ordered him to pay a $200 special assessment and restitution in the amount of $30,000.  Seiselmyer will also be required to continue to register as a sex offender.

Seiselmyer’s 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), with assistance from the Utica Police Department.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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 – Carlos Esteras, 41, of Syracuse, NY was sentenced today to serve 84 months in prison following his conviction for conspiring to distribute and possess with intent to distribute fentanyl and possessing fentanyl with the intent to distribute, announced United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his prior guilty plea, Esteras admitted that between June and July 2021, he conspired with others to distribute fentanyl in the Syracuse, NY area.  Esteras personally distributed or possessed with intent to distribute at least 124 grams of fentanyl. Esteras had previously been convicted of three felony and 15 misdemeanor offenses in state court.

Chief United States District Judge Glenn T. Suddaby also sentenced Esteras to a four-year term of supervised release to begin after he serves his term of imprisonment and ordered him to pay a forfeiture judgment in the amount of $5,760, which represented the proceeds from drug sales.

This case was investigated by the DEA-Syracuse Resident Office, which includes Task Force Officers from the City of Auburn Police Department, the City of Syracuse Police Department, the New York State Police, and the Oneida County Sheriff’s Office. Other agencies that assisted in this investigation included the New York State Police, the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, the U.S. Department of Homeland Security-Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

ALBANY, NEW YORK – Gregory Sherrills, Jr., age 40, of Schenectady, New York, was sentenced today to 60 months in prison for distributing heroin and cocaine base.

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 pleading guilty, Sherrills Jr. admitted to selling heroin and cocaine base to another person on seven occasions between December 2019 and March 2021 at various locations in the city of Schenectady.  In total, the defendant distributed approximately 120 grams of heroin and 60 grams of cocaine base.  This conviction represented his fourth felony drug conviction.

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

This case was investigated by the FBI and the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

SYRACUSE, NEW YORK – Trina Gigliotti, age 54, of Utica, New York, was indicted earlier this month for misappropriating the funds of the legally incompetent spouse of a deceased veteran, as well as stealing from the U.S. Department of Veterans Affairs.  The announcement was made by United States Attorney Carla B. Freedman and Christopher F. Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs Office of Inspector General.

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

The charges filed against Gigliotti carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The indictment also seeks forfeiture of $36,129.08, representing the amount allegedly stolen. 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.

Gigliotti was arraigned yesterday in Syracuse, before United States Magistrate Judge Andrew T. Baxter, and released on conditions of supervision pending further proceedings.

This case is being investigated by the United States Department of Veterans Affairs Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Adrian S. LaRochelle.

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

ALBANY, NEW YORK – Lawrence Belcher, age 37, of Troy, New York, pled guilty today to 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).

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 that day.

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.

Sentencing is scheduled for November 28, 2022 in Syracuse before United States District Judge Brenda K. Sannes. Belcher faces at least 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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 is being 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 – Shawn Ubrich, age 50, of Coxsackie, New York, was arraigned today on a charge of illegally possessing a firearm as a 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 Kevin Bruen, Superintendent of the New York State Police. 

According to the indictment, Ubrich, a convicted felon, possessed an AR-15 rifle in Greene County, New York, on October 5, 2021. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Ubrich was arraigned today in Albany, before United States Magistrate Judge Christian F. Hummel, and held in custody pending a detention hearing scheduled for July 29.

The charge against Ubrich carries a maximum sentence of 10 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 ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Benjamin S. Clark.

SYRACUSE, NEW YORK – Timothy E. Deuel, age 63, of Tioga County, New York, pled guilty yesterday to three counts of possession of 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 guilty plea, Deuel acknowledged that in March 2015, Deuel was sentenced in the U.S. District Court for the Northern District of New York to 87 months’ imprisonment and 10 years’ supervised release as a result of his conviction for distribution of child pornography. Deuel further admitted that during that term of supervised release, he possessed at his residence three digital storage devices which contained a total of approximately 1,000 images of child pornography and more than 200 video files of child pornography.

At sentencing, which is currently scheduled for November 29, 2022, on each of the three counts, Deuel faces a maximum sentence of 20 years in prison, a mandatory minimum term of imprisonment of 10 years, 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 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 – Joshua Meighen, age 30, of Seneca, South Carolina, was sentenced yesterday to serve 72-months (six years) in federal prison for providing a firearm and ammunition to a convicted felon, and illegally transferring a firearm to an out of state resident, announced United States Attorney Carla B. Freedman and John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). 

In addition to his six-year prison sentence, Meighen was also ordered to a serve a three-year term of supervised release after he is released from custody. 

As part of his previous guilty plea, Joshua Meighen admitted that while he was living in South Carolina he contacted a Central New York resident who was known to Meighen as a convicted felon and arranged for a sale through the U.S mails of a Taurus 9mm caliber semiautomatic pistol and 25 rounds of ammunition for $980.00. Meighen mailed the pistol and ammunition from South Carolina to Central New York, where it was recovered at a post office facility in Syracuse on October 14, 2021. After further investigation, ATF Special Agents executed a federal court search warrant at Meighen’s home in Seneca, South Carolina. He was arrested and returned to the Northern District of New York (Syracuse) for prosecution.

In pleading guilty, Meighen also admitted that he mailed a Phoenix Arms .22 caliber pistol and a Stoeger 9mm caliber pistol from South Carolina to a second New York felon in Binghamton, New York. Both firearms were seized on November 10, 2021, by the United States Postal Inspection Service through the execution of a federal search warrant.

Meighen, a former resident of New York State, has five previous felony convictions.

This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Finger Lakes Drug Task Force, and the Broome County Special Investigations Unit Task Force, and was prosecuted by Assistant U.S. Attorney Richard R. Southwick.

SYRACUSE, NEW YORK – Michael Mayhew, age 56, of Rome, New York, was sentenced today to serve 200 months in federal prison for receiving and possessing child pornography, 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 (NYSP) Superintendent Kevin P. Bruen.

As part of his guilty plea, Mayhew admitted that in December of 2018 he took photographs of a six-year-old child naked in a bathroom using a cellular telephone, including images that captured the child’s genitals.  Mayhew also admitted that in 1993 and 1994 he secretly video recorded three children under the age of 12 in his home, again capturing videos of them naked and in two instances with their genitals visible.  He further admitted that from 2010 to 2015 he downloaded from the internet numerous graphic video files of minors engaged in sexually explicit conduct. Finally, Mayhew admitted that in March of 2019 he possessed 184 images of child pornography on an electronic storage device in his home, and he also possessed on two separate VHS tapes the sexually explicit videos he took in 1993 and 1994.

Chief United States District Judge Glenn T. Suddaby also imposed a 30 year term of supervised release, which will start after Mayhew is released from prison, and ordered Mayhew to pay a $400 special assessment, a $30,000 fine, an additional special assessment of $5,000 and a Child Pornography assessment of $17,000.  Mayhew will also be required to register as a sex offender.

This case was investigated by the FBI, Oneida County Sherriff’s Office, Rome Police Department, Oneida County District Attorney’s Office, Oneida County Child Advocacy Center, New York State Police, and the United States Air Force Office of Special Investigations.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.

Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

ALBANY, NEW YORK – Christopher Pratt, age 58, of Albany, was sentenced today to 148 months in prison for distributing, 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).

As part of his prior guilty plea before United States District Judge Mae A. D’Agostino, Pratt admitted that he distributed and received child pornography files over the internet through a peer-to-peer file sharing program.  Pratt also admitted that he possessed numerous child pornography files on his personal laptop, and that he created a folder on his laptop – labeled “JB” for “jailbait” – in which he stored child pornography images that he downloaded from the internet.  The files included depictions of the sexual abuse and rape of prepubescent children and toddlers. 

United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release, which will start after Pratt is released from prison, and ordered payment of $18,000 in restitution for the child victims of Pratt’s offenses. 

This case was investigated by the FBI and its Child Exploitation Task Force, including investigators from the Albany County Sheriff’s Office and forensic analysts from the New York State Police Computer Crime Unit, and was prosecuted by Assistant U.S. Attorneys Rachel Williams and Katherine Kopita.

This case is prosecuted 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 – Hector J. Sanchez, age 30, of Rensselaer, New York, was sentenced today to 70 months in prison for defrauding pandemic-related unemployment insurance and small business loan programs.

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

As part of his prior guilty plea, Sanchez admitted to making false unemployment insurance claims to the New York State Department of Labor (NYSDOL) using the identifying information of other people and personally receiving $131,560 in pandemic-related benefits. He also admitted to obtaining a $12,500 Paycheck Protection Program (PPP) loan for a non-existent car wash business. Sanchez agreed to pay restitution to NYSDOL and the PPP lender.

United States District Judge Mae A. D’Agostino ordered Sanchez’s federal sentence to be served consecutive to undischarged New York State terms of imprisonment for separate firearms and narcotics offenses. Judge D’Agostino also imposed a 3-year term of supervised release, to begin after Sanchez is released from prison. 

The case was investigated by USPIS, USDOL-OIG, and HSI, with assistance from the NYSDOL Office of Special Investigations and the Albany Police Department. The case was prosecuted by Assistant U.S. Attorney John T. Chisholm.

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 – Melvin Ansong, age 26, of Corona, New York, pled guilty today to mail fraud, aggravated identity theft and wire fraud in connection with schemes in which he obtained more than $190,000 in unemployment insurance benefits and government-backed loans meant to provide relief from the economic effects of the COVID-19 pandemic. 

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); and Ketty Larco-Ward, Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service (USPIS).

In pleading guilty, Ansong admitted that he fraudulently obtained $165,182 in unemployment insurance benefits from the New York State Department of Labor (NYSDOL) in the names of 13 other people and an additional $18,480 in benefits from the Arizona Department of Economic Security in the name of another individual.  Ansong further admitted that he fraudulently obtained an $8,000 Economic Injury Disaster Loan from the U.S. Small Business Administration (SBA) by claiming that he owned a pet grooming company when in fact no such company existed.   

As part of his plea agreement, Ansong agreed to pay restitution in the amounts of $165,182 to the State of New York, $18,480 to the State of Arizona, and $8,000 to the SBA.

The mail and wire fraud convictions each carry a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  The aggravated identity theft conviction carries a mandatory term of 2 years in prison, to be imposed consecutively to any other term of imprisonment.  Ansong is scheduled to be sentenced on October 28, 2022 by United States District Judge Mae A. D’Agostino.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The case was investigated by USDOL-OIG, USPIS, and HSI, with assistance from U.S. Customs and Border Protection’s New York Field Office and the NYSDOL’s Office of Special Investigations.  The case is being prosecuted by Assistant U.S. Attorneys Alexander P. Wentworth-Ping and Joshua R. Rosenthal.

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

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

ALBANY, NEW YORK – Tyler Purvis-Mitchell, age 28, of Albany, was sentenced today to 150 months in prison for possessing and intending to distribute methamphetamine-laced pills in the city of Albany.

Purvis-Mitchell, who was on federal supervised release at the time of his offense, was sentenced to an additional 12 months in prison, to be served consecutively, for violations of his release conditions, including for his reckless flight from members of the Albany Police Department (APD).

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 APD Chief Eric Hawkins.

Purvis-Mitchell was convicted after a jury trial in December 2021.  The evidence at trial established that on May 7, 2020, Purvis-Mitchell possessed with the intent to distribute more than 125 pills containing methamphetamine and weighing over 50 grams, in his residence and his vehicle.  The jury voted to acquit Purvis-Mitchell of two felony charges for possession of a firearm as a felon and possession of a firearm in furtherance of a drug trafficking crime.

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

This case was investigated by APD and ATF with assistance provided by the New York State Police.  It was prosecuted by Assistant United States Attorneys Emmet J. O’Hanlon and Alexander Wentworth-Ping.

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.

PLATTSBURGH, NEW YORK – Megan Perkins, age 33, of Ogdensburg, New York, was sentenced yesterday to 84 months in prison for possessing and distributing methamphetamine.

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

In pleading guilty, Perkins admitted to traveling to Akron, Ohio, where she acquired bulk quantities of methamphetamine.  Perkins would then return to St. Lawrence County to distribute the methamphetamine to local drug users.

Senior United States District Judge David N. Hurd also ordered that Perkins serve a 4-year term of supervised release following her release from prison.

This case was investigated by HSI, the Massena Police Department, and the St. Lawrence County Drug Task Force, and was prosecuted by Assistant U.S. Attorney Jeffrey C. Stitt.

ALBANY, NEW YORK – Zachary L. Duchesne, age 27, of Stillwater, New York, was sentenced today to 180 months in prison for transporting and possessing child pornography.

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

In previously pleading guilty, Duchesne admitted to using a Dropbox account to store, possess and view images and videos depicting the sexual abuse of children, between December 26, 2017 and June 23, 2019.  He admitted to periodically transferring child pornography videos into his Dropbox account, and to using the stored child pornography as a form of “currency” to trade with other people.

Duchesne has been in custody since his arrest on July 15, 2020, and has a prior state conviction relating to the possession of child pornography. 

United States District Judge Mae A. D’Agostino also imposed a 15-term of post-imprisonment supervised release, and ordered Duchesne to pay $36,000 in restitution to victims whose abuse was depicted in the images that he possessed.  Duchesne will also have to register as a sex offender upon his release from prison.

This case was investigated by HSI, with assistance from the Stillwater Police Department, and was prosecuted by Assistant U.S. 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), 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.

PLATTSBURGH, NEW YORK – Marlon Lainez-Velasquez, age 48, of Newburgh, New York, was sentenced yesterday to 48 months in prison for alien smuggling.

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

In pleading guilty, Lainez-Velasquez admitted that in May 2021, he traveled to the border in Burke, New York, where he assisted in smuggling five Vietnamese nationals from Canada and into the United States for profit. 

United States District Judge Mae A. D’Agostino ordered that Lainez-Velasquez serve his federal term of imprisonment after he finishes serving an unrelated 6-year state term of imprisonment for sex abuse.

This case was investigated by the United States Border Patrol, Burke Station, and prosecuted by Assistant U.S. Attorney Jeffrey C. Stitt.

ALBANY, NEW YORK - Ralph St. Croix, a.k.a. “Stretch,” age 39, most recently of Schenectady, New York, formerly of Long Island, was sentenced today to 70 months in prison for distributing heroin laced with fentanyl, and for possessing two firearms 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 of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and New York State Police (NYSP) Superintendent Kevin P. Bruen.

In pleading guilty, St. Croix, a previously convicted felon, admitted to selling fentanyl-laced heroin to another person on three occasions in December 2020 at his apartment on Eastern Avenue in Schenectady.  St. Croix further admitted to possessing, in his apartment, a loaded Smith and Wesson .38 caliber revolver and a Mossberg 12-gauge shotgun, in order to guard against the potential theft of his drugs and drug proceeds.

Senior United States Senior District Judge Frederick J. Scullin, Jr. also ordered that St. Croix serve a 3-year term of supervised release following his release from prison.

This case was investigated by ATF and NYSP with assistance provided by the Schenectady 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.

ALBANY, NEW YORK – JoAnne Natalie, age 64, of Saratoga Springs, New York, was indicted earlier this month for misappropriating the funds of a veteran declared legally incompetent, as well as stealing from the U.S. Department of Veterans Affairs.  The announcement was made by United States Attorney Carla B. Freedman and Christopher F. Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs Office of Inspector General.

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

The charges filed against Natalie carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The indictment also seeks forfeiture of $50,174.42, representing the amount allegedly stolen. 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.

Natalie was arraigned today in Albany, before United States Magistrate Judge Daniel J. Stewart, and released pending a trial scheduled before Chief United States District Judge Glenn T. Suddaby.

This case is being investigated by the United States Department of Veterans Affairs Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

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

SYRACUSE, NEW YORK - Matthew Felitto, age 27, of Utica, New York, was sentenced yesterday in federal court in Syracuse after previously pleading guilty to violating the constitutionally protected right of an arrestee to be free from excessive force by a law enforcement officer. 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 pleading guilty previously, Felitto admitted that while working as a police officer for the Utica Police Department in September 2020, he arrived on the scene of an arrest to assist in transporting the arrested individual to the station. The arrestee was handcuffed behind his back and in leg shackles when Felitto arrived because he had been refusing to comply with the commands of other officers already on-scene. Felitto helped those officers place the arrestee in the back of a police van. Once the arrestee was lying on the floor of the van face up and restrained, Felitto kicked him several times in the face and upper chest while wearing work boots. The kicks were without legal justification and were made with sufficient force to cause the arrestee pain and a bruised and swollen lip.

Chief United States District Judge Glenn T. Suddaby sentenced Felitto to a term of probation of 2 years and a fine of $7,500. Felitto will be required to perform 100 hours of community service during his probation term. As a convicted felon, Felitto will be prohibited under federal law from owning or possessing a firearm. Pursuant to the terms of the plea agreement Felitto has resigned from the Utica Police Department.

This case was investigated by the Federal Bureau of Investigation (FBI) and was prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Michael F. Perry with the assistance of the Civil Rights Division of the United States Department of Justice.

SYRACUSE, NEW YORK – Frederick J. Haresign, age 63, of Oswego, New York was sentenced yesterday to 10 years in prison to be followed by 20 years of supervised release for possessing child pornography. Haresign also will have to register as a sex offender upon his release from prison.

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

As part of his prior guilty plea, Haresign, a former school bus driver, admitted that, in 2017, he provided a minor child who rode on his bus with nicotine and other gifts in exchange for the child creating sexually explicit images and videos and providing those images and videos to Haresign. Haresign admitted that he possessed those images and videos in 2017 so that he could view them.

This case was investigated by the Department of Homeland Security Investigations (HSI) and the New York State Police: Fulton Bureau of Criminal Investigations, and Troop D Computer Crimes Unit and was prosecuted by Assistant United States Attorney Michael D. Gadarian in coordination with the Oswego County District Attorney’s Office as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better 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 – Daniel Day, age 35, of Argyle, New York, was sentenced today to 51 months in prison for unlawful possession of destructive devices, firearms and ammunition.

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 pleading guilty, Day admitted to possessing the component parts necessary to assemble and create three homemade, improvised explosive devices at his residence in Argyle on August 5, 2021. Day also admitted to possessing other firearms and ammunition at his residence, including a submachinegun, a sawed-off shotgun, and a 3D-printed pistol without a serial number. None of the firearms were registered to Day as required by federal law, and Day had a prior felony conviction that prevented him from possessing the firearms and ammunition. As part of his plea agreement, Day agreed to abandon and forfeit all the bomb-making materials and chemicals, firearms, firearm parts and ammunition found at his residence.

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

This case was investigated by the Joint Terrorism Task Force (JTTF), which includes members of the FBI and New York State Police, and was prosecuted by Assistant U.S. Attorneys Alexander Wentworth-Ping and Richard Belliss.

 

 

ALBANY, NEW YORK – Hugo Hernandez, age 35, of Miami Lakes, Florida, was sentenced today to 60 months in prison for his roles in an access device fraud conspiracy and a money laundering conspiracy.  Marlon Palacios, age 38, of Cape Coral, Florida, was sentenced today to four months in jail for his role in an access device fraud conspiracy and for committing aggravated identity theft. The announcement was made by 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 Ketty Larco-Ward, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service (USPIS).

As part of his guilty plea on October 22, 2021, Hernandez admitted that between December 2015 and July 2019,  he conspired with others to commit access device fraud by building skimming devices designed to steal gas station customer information, installing those devices inside gas pumps in Albany, Broome, and Montgomery Counties, and elsewhere, and then using the information collected by those devices to create fraudulent credit and debit cards. The fraudulent cards were used to obtain money orders, gift cards, cash, and other things of value.  Hernandez also admitted to being part of a conspiracy to launder funds obtained through the access device fraud conspiracy, and, in facilitating that conspiracy, causing at least 162 money orders, worth $173,257, to be deposited into a bank account he controlled. As part of his plea agreement, Hernandez agreed to be subject to a forfeiture money judgment in the amount of $173,257.

As part of his guilty plea on April 14, 2021, Palacios admitted to being a part of the same access device fraud conspiracy described above.  Palacios also admitted to committing aggravated identity theft by sending or receiving e-mails that contained debit and credit card account information of victims who had had their card data skimmed and stolen by members of the access device fraud conspiracy.   As part of his plea agreement, Palacios agreed to be subject to a forfeiture money judgment in the amount of $25,000. 

Senior United States District Judge Gary L. Sharpe also imposed a three-year term of supervised release on Hernandez to follow his term of incarceration, and a one-year term of supervised release on Palacios to follow his term of incarceration. 

This case was investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office.  The case was prosecuted by Assistant U.S. Attorney Rick Belliss. 

ALBANY, NEW YORK - John R. Paeglow III, age 65, of Troy, New York, was sentenced today to three years of supervised release, and to perform 100 hours of community service, in connection with a scheme to defraud a commercial finance company that provided receipt factoring services to his former book printing business.

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); and New York State Police (NYSP) Superintendent Kevin P. Bruen.

As part of his previously entered guilty plea, Paeglow admitted that, between October and December 2014, he fraudulently solicited and received over $400,000 on behalf of his now-closed Castleton, New York-based book printing business Integrated Book Technology, Inc./Hamilton Printing (“IBT/Hamilton”), by orchestrating the submission of fraudulent invoices and forged shipping documents to a New Jersey-based commercial finance company in order to obtain the funds in exchange for the sale of books that, in fact, had not been sold or shipped.

Senior United States District Judge Frederick J. Scullin, Jr. also ordered Paeglow to pay restitution of $220,000 to the victim finance company, and a further $11,410 to reimburse the union that represented the IBT/Hamilton employees whose health care premiums Paeglow was also charged with embezzling.

This case was jointly investigated by U.S. DoL-OIG and the NYSP Financial Crimes Unit, and was prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.

SYRACUSE, NEW YORK – Dean Whittles, age 61, formerly of Syracuse, was sentenced today in federal court in Utica to 2 years in prison after previously pleading guilty to one felony count of willfully failing to pay federal payroll taxes, announced United States Attorney Carla B. Freedman and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division (IRS-CI), New York Field Office.

From 2016 through 2019, Whittles was the sole owner of multiple businesses in and around Syracuse, New York:  DJ’s on the Hill and DJ’s on the Boulevard; the 317 Corporation (restaurant); and Dejon’s Hair Design, with salons in Cicero, Westvale and Skaneateles. Whittles no longer owns or operates any of the businesses at issue and recently moved to Tucson, Arizona.

In pleading guilty, Whittles admitted that he failed to make payroll tax payments to the government with respect to his employees, including for Social Security and Medicare taxes, even though he withheld such taxes from his employees’ paychecks. Instead, he used the money withheld from employees to pay for business and personal expenses. As revealed at sentencing, his personal expenditures with the money he withheld from the IRS included three luxury vehicles, a condominium in Arizona, and several international vacations. In total, Whittles failed to pay approximately $617,843 in payroll taxes to the Internal Revenue Service between 2016 and 2019.

As part of the sentence, United States District Judge David N. Hurd ordered Whittles to serve 3 years on supervised release after he completes his two-year term of imprisonment; to pay restitution to the IRS in the amount of $617,843; and to pay a fine of $10,000.

This case was investigated by IRS-CI, and it was prosecuted by Assistant U.S. Attorney Michael F. Perry and former Assistant U.S. Attorney Andrew Beaty.

ALBANY, NEW YORK – Brian Botsford, age 26, of Troy, New York, pled guilty today to attempting to coerce and entice a 13-year-old 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).

As part of his guilty plea, Botsford admitted that between July and August 2020, he sent graphic, sexually explicit text messages to an undercover investigator who was posing as the 13-year-old child.  In those messages, Botsford repeatedly asked the child for naked photos and sent photos of an erect penis to the presumed child.  Botsford further stated that he wanted the child to run away and live with him in an abandoned building and get the child pregnant.  On August 10, 2020, Botsford attempted to meet the child in person at a location in Troy in order to engage in sexual acts with the child.  Botsford was encountered by law enforcement upon his arrival and arrested.

Botsford faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Sentencing is scheduled for November 17, 2022 in Albany before Senior United States District Judge Gary L. Sharpe. 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. Botsford 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 members of federal, state and local law enforcement agencies, to include the Colonie Police Department.  This case is being 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).  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 – Kory O’Hara, age 45, formerly the Town Supervisor of Prattsville, pled guilty today to 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 the Town of 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 performed 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 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. 

United States Attorney Carla Freedman stated: “The New York Main Street Program was designed to make sure that grant money would be used to rebuild Prattsville in the wake of Hurricane Irene.  As Town Supervisor, O’Hara knew the rules, but chose not to follow them.  Instead, he took grant money fraudulently.  We will continue to hold public officials accountable who, through fraud, put their own interests above those of their constituents.”

New York State Comptroller Thomas P. DiNapoli stated: “Kory O’Hara violated the trust of his community and his duty as Town Supervisor by stealing funds that were meant to help the town recover from Hurricane Irene. Thanks to my partnership with United States Attorney Carla Freedman and federal law enforcement and agencies, O’Hara has now been held accountable for his fraudulent, selfish actions.”

FBI Special Agent in Charge Janeen DiGuiseppi stated: “Hurricane Irene had an absolutely devastating impact on the town of Prattsville, New York. While residents struggled to rebuild their lives, Mr. O'Hara was busy fraudulently obtaining the funds meant to assist them. The FBI, together with our federal, state, and local partners, will continue to aggressively investigate those who exploit the programs designed to alleviate the tremendous loss that follows a natural disaster.”  

HUD OIG Special Agent in Charge Christina Scaringi stated: “Prattsville was overwhelmed by Hurricane Irene’s damaging winds and flooding.  Mr. O’Hara was entrusted to use federal disaster recovery funds to benefit the residents of Prattsville.  Instead, his actions resulted in illicit personal gains and undermined the integrity of American taxpayer-funded relief programs.  The HUD OIG will not tolerate this behavior and will continue to work with our partners in the U.S. Attorney’s Office, the State Comptroller’s Office, FBI, and Homeland Security to ensure bad actors are held accountable for their misdeeds.” 

O’Hara faces up to 20 years in prison; a term of post-imprisonment supervised release of up to 3 years; and a maximum fine of $250,000.  He will also be required to pay $24,915 in restitution to the State of New York. 

O’Hara’s co-defendant, Stephen Baker, age 71, of Prattsville, previously pled guilty to offering a false instrument for filing, a Class A misdemeanor, in Prattsville Town Court, and the federal charges against him were dismissed. 

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

ALBANY, NEW YORK – Ramion Burt, age 45, of Albany, and Marion Frampton, age 43, of the Bronx, New York, each pled guilty today to conspiring to distribute and possessing with intent to distribute fentanyl and cocaine, announced United States Attorney Carla B. Freedman; New York State Police Superintendent Kevin P. Bruen; and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

In pleading guilty, Burt and Frampton admitted to driving from Albany to New York City to pick up fentanyl and cocaine for distribution in February 2021.  On the drive back to Albany, they were stopped by the New York State Police heading northbound on Interstate 87 in Catskill, New York, and 31 grams of fentanyl were discovered in a plastic bag in Frampton’s boot.  In searching the vehicle, Troopers discovered an additional 53 grams of fentanyl and 496 grams of cocaine in the glove compartment.  Burt and Frampton admitted to possessing the fentanyl and cocaine, and intending to distribute them. Burt and Frampton each have a prior federal conviction related to drug trafficking.

At sentencing, Burt and Frampton each face at least 10 years and up to life in prison, as well as a term of post-imprisonment supervised release of at least 8 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the New York State Police and FBI, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

SYRACUSE, NEW YORK – Kymani Minott, aka “Bizz,” aka “K-Bizz,” age 19, of Utica, New York, was sentenced yesterday to 60 months in prison for conspiring to distribute 40 grams or more of fentanyl, and distribution of fentanyl.

The announcement was made by United States Attorney Carla B. Freedman; Oneida County District Attorney Scott McNamara; New York State Police Superintendent Kevin P. Bruen; Frank A. Tarentino III, 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), New York Field Division; and Utica Police Chief Mark Williams. 

As part of his prior guilty plea, Minott admitted that in or around March 2021, he agreed with others to distribute 40 grams or more of fentanyl to customers in the Utica area. Minott also admitted that on June 17, 2021, he distributed approximately 5 grams of a fentanyl mixture in Utica.

United States District Judge David N. Hurd also imposed a 4-year term of supervised release, which will start after Minott is released from federal prison.

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