Northern District of New York

SYRACUSE, NEW YORK – Syracuse City School District teachers Jason Cecile and Nichole Murray have agreed to pay the United States $31,872.90 to resolve allegations that they submitted false timecards in connection with the School District’s Twilight Program.

The announcement was made by United States Attorney Carla B. Freedman, New York State Comptroller Thomas P. DiNapoli, and Terry Harris, Special Agent in Charge, U.S. Department of Education Office of Inspector General (ED OIG), Eastern Region. 

“The settlement announced today, as well as the related state prosecutions, hold Mr. Cecile and Ms. Murray accountable for stealing money from a federally funded program intended to benefit at-risk high schoolers,” said United States Attorney Carla B. Freedman.  “We will not tolerate fraudulent conduct that could undermine an important safety net for struggling students.” 

"These individuals shamelessly stole from the very students they were supposed to be helping. My thanks to U.S. Attorney Freedman, and our other partners in law enforcement, for their dedication to ensuring justice is served and that the stolen money is recouped” said Thomas DiNapoli, New York State Comptroller. 

“Mr. Cecile and Ms. Murray not only abused their positions of trust for personal gain, but did so at the expense of the very ones they promised to serve – school children.  That is unacceptable,” said Terry Harris, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Regional Office.  “The OIG will continue to aggressively pursue those who misappropriate education funds for their own purposes.  America’s students and taxpayers deserve nothing less.”

Beginning in the 2015-2016 school year, Syracuse City School District (SCSD) received federal grant funds administered by the U.S. Department of Education to operate a high school dropout-prevention program known as the Twilight Program.  SCSD offered the Twilight Program at various high schools after regular school hours, from 3:00 p.m. until 7:00 p.m.  Students enrolled in the Twilight Program were given the opportunity to make up classes to accumulate enough credits to earn their high school diplomas.  SCSD teachers staffed the Twilight Program and received extra pay for teaching classes to Twilight Program participants.

Jason Cecile was the Twilight Program Coordinator at Henninger High School.  Nichole Murray was a teacher in the Henninger Twilight Program.  As the coordinator, Cecile controlled the Twilight teaching schedule.  He instructed certain Twilight staff members to claim hours on their timecard based on the amount of money that was available in the Twilight budget, not on the number of hours they worked.  Cecile admitted he habitually left Twilight early and submitted timecards that overreported the number of hours he worked.   Murray admitted that she taught one Twilight class, and generally left Henninger at 5:00 p.m., but submitted timecards attesting that she worked until 6:00 p.m., 6:30 p.m., or 7:00 p.m.  Both Murray and Cecile signed their timecards and submitted them for payment, falsely attesting to their accuracy.   

As part of the settlement agreements, Cecile will pay $20,754.15.  Murray will pay $11,118.75. 

This investigation was triggered in part by a whistleblower lawsuit filed under the qui tam provision of the False Claims Act, which allows private persons, known as “relators,” to file civil actions on behalf of the government and share in any recovery.  The relator in this case will receive $2,001.37 of the settlement proceeds.  The case is docketed with the U.S. District Court for the Northern District of New York under number 5:19-cv-1188 (DNH/TWD).

In a related case prosecuted by the Onondaga County District Attorney’s Office, Jason Cecile pled guilty to Corrupting the Government in the 3rd Degree, a felony, and Nichole Murray pled guilty to Disorderly Conduct.  As part of their criminal plea agreements, Murray and Cecile agreed to resign from their employment at SCSD. 

This investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the New York State Comptroller’s Office, the Onondaga County District Attorney’s Office and the ED OIG.  The United States was represented by Assistant U.S. Attorney Christopher R. Moran. 

ALBANY, NEW YORK – Kent Tucker, age 25, of Gloversville, New York, was sentenced today to 84 months in prison for possessing and intending to distribute methamphetamine and cocaine base, and possessing a firearm in furtherance of drug trafficking.

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

As part of his guilty plea, Tucker admitted that on August 21, 2020, he possessed methamphetamine pills and cocaine base with the intent to distribute them and possessed a loaded, stolen firearm to protect his drugs and drug proceeds from others. Tucker has two prior felony convictions: a 2018 conviction for burglary in the third degree, and a 2014 conviction for attempted common-law robbery.

United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release, which will start after Tucker is released from prison.

This case was investigated by the ATF and Gloversville Police Department, with assistance from the New York State Police and Homeland Security Investigations, and was prosecuted by Assistant United States Attorney 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.

ALBANY, NEW YORK – Scott Weinbloom, age 47, of Latham, New York, was ordered detained yesterday on a charge of possessing child pornography.

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

According to the complaint, Weinbloom possessed images and videos of child pornography on an encrypted thumb drive located at his residence on May 18, 2022. 

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

Weinbloom had a detention hearing yesterday before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending trial.  If convicted of possessing child pornography, Weinbloom faces up to 20 years in prison, a maximum fine of $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life.   A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes investigators from the New York State Police and Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Dustin Segovia.

This case is being 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.

SYRACUSE, NEW YORK – Rodney Ogletree, age 38, of Syracuse, pled guilty yesterday to illegally possessing a firearm as a convicted felon, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Syracuse Police Chief Joseph Cecile.

As part of his guilty plea yesterday, Ogletree admitted that on September 16, 2020, he possessed a loaded Glock Model 23, .40 caliber semiautomatic pistol with an extended magazine in Syracuse when he was driving a car stopped by Syracuse Police. Ogletree could not lawfully possess a handgun, having sustained three previous felony convictions, two of which were for being a felon in possession of a firearm.  At the time of his arrest in this case, Ogletree was serving a three-year term of federal post-imprisonment supervised release.

Ogletree faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on September 19, 2022, by Senior United States District Judge Norman A. Mordue. As part of yesterday’s court proceeding, Ogletree also admitted that he violated the conditions of a previously imposed sentence of supervised release by possessing a firearm and engaging in new criminal conduct, for which he faces an additional sentence of imprisonment of up to 2 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the Syracuse Police Department, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the U.S. Marshals Service. 

SYRACUSE, NEW YORK – Joshua Meighen, age 38, of Seneca, South Carolina, pled guilty yesterday to transferring a firearm and ammunition to a convicted felon, and selling 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 U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

As part of his guilty plea yesterday, 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. Meighen admitted that he sent 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. Meighen further admitted that he also mailed a Phoenix Arms .22 caliber pistol, and a Stoeger 9mm caliber pistol from South Carolina to a New York resident in Binghamton, New York, which were seized on November 10, 2021, by the United States Postal Inspection Service through the execution of a federal search warrant.   

Sentencing is scheduled for September 19, 2022, at which time Joshua Meighen faces a maximum sentence of up to 10 years in prison for transferring a firearm and ammunition to a convicted felon, and up to 5 years in federal prison for selling a firearm to an out-of-state resident, as well as a fine of up to $250,000.00, and a term pf post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being 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 is being prosecuted by Assistant U.S. Attorney Richard R. Southwick.

ALBANY, NEW YORK – Michael P. Fish, age 26, of Albany, was sentenced today to 111 months in prison for computer fraud and aggravated identity theft in connection with his hacking of online social media accounts and theft of nude images of dozens of female victims, as well as possession of child pornography.

The announcement was made by Assistant Attorney General Kenneth A. Polite, Jr.; 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 State University of New York-Plattsburgh Police Chief Patrick Rascoe.

As part of his May 19, 2020 guilty plea, Fish admitted that from about 2016 to 2019—while an undergraduate at SUNY-Plattsburgh and then as a law student—he accessed the school email accounts of dozens of female SUNY-Plattsburgh students and used information from those school email accounts to gain unauthorized access to the victims’ social media accounts.  Fish stole, and traded online with others, private nude photographs and videos stored in the victims’ social media accounts.  As a result of these crimes, the school had to allocate money and staff to identifying compromised accounts, reviewing computer and server access logs, resetting passwords, and notifying students and parents.  Fish further admitted that on March 19, 2019, he possessed several videos of child pornography on his laptop computer. 

United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release, which will start after Fish is released from prison, and ordered Fish to pay $35,430 in restitution to SUNY-Plattsburgh.

A co-conspirator, Nicholas Faber, was sentenced to 36 months in prison on August 19, 2021, for computer hacking and aggravated identity theft offenses.

In January 2021, Fish was charged by criminal complaint with obstruction of justice for submitting six fraudulent character letters to the court in connection with sentencing in this proceeding.  That case remains pending.  The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty. 

This case was investigated by the FBI with substantial assistance from the SUNY-Plattsburgh Police Department.  Deputy Chief Michael Stawasz from the Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorneys Joshua R. Rosenthal and Wayne A. Myers, prosecuted the case.

SYRACUSE, NEW YORK - “John Doe,” formerly of Owego, New York, was convicted today, after a four-day jury trial, of two counts of Aggravated Identity Theft and one count of Misuse of a Social Security Number.  The charges relate to Doe’s use of the name, Social Security number, and date of birth of another person to obtain Supplemental Security Income (SSI) benefits to which he was not entitled. Doe’s true identity has yet to be confirmed.

The announcement was made by United States Attorney Carla B. Freedman and Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.

The evidence at trial established that, since approximately 1999, Doe received SSI benefits from the Social Security Administration under the name, date of birth, and Social Security number of a homeless U.S. Army veteran living in North Carolina.  When Doe’s use of the other person’s identity was ultimately discovered and Doe was questioned by federal agents, Doe continued to falsely claim the identity as his own and provided agents a photocopy of the victim’s birth certificate and Social Security card, purporting them to be his own.

Sentencing is scheduled for September 30, 2022, in Syracuse, before United States District Judge Mae A. D’Agostino.  For his conviction of Misuse of a Social Security Number, Doe faces a maximum term of imprisonment of five years, a fine of up to $250,000, restitution to the Social Security Administration, and a term of supervised of up to three years. For his two convictions on Aggravated Identity Theft, Doe faces a mandatory sentence of two years in federal prison on each count, which the Court can run concurrently or consecutively.  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.

The jury was not able to reach a unanimous verdict on the remaining count of Supplemental Security Income fraud, and a mistrial was declared as to that charge.

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

ALBANY, NEW YORK – Jesse Bartlett, age 46, of LaFargeville, New York, was arrested today and charged with mailing threatening letters, 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).

A criminal complaint alleges that Bartlett, who claimed to be the “Chinese Zodiac Killer,” mailed threatening communications to media outlets, government offices, houses of worship and private businesses throughout New York, as well as in New Jersey, Connecticut, Pennsylvania, New Hampshire, Vermont, and the District of Columbia.  In the letters, which he signed as the “Chinese Zodiac Killer,” Bartlett wrote that he killed people, ate their flesh, and that he intends to kill more people, including an unnamed bus driver.   

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

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

Bartlett made an initial appearance today before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a detention hearing scheduled for May 23.

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

ALBANY, NEW YORK – Debra Hackstadt, age 67, of Albany, pled guilty today to fraudulently obtaining 32 government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.

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

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

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

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

Hackstadt faces up to 20 years in prison when she is sentenced on October 6, 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.  Hackstadt has also agreed to pay restitution, and to entry of a forfeiture money judgment in the amount of $254,812, representing the amount of money she personally obtained from the fraud.

This case was investigated by the FBI, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.

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

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

###

SYRACUSE, NEW YORK – Kyle M. Leeper, age 38, of Palmyra, Pennsylvania, pled guilty yesterday to committing murder during a drug conspiracy, conspiring to distribute and possess with intent to distribute 50 grams or more of methamphetamine, and possessing a firearm and ammunition as a convicted felon, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). The defendant entered his guilty plea yesterday shortly before a federal jury trial scheduled to begin on Monday May 16, 2022, in Utica, New York.

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

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

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

Kyle Leeper is scheduled to be sentenced on September 14, 2022, and could receive a sentence of between 25 and 40 years in federal prison, to be followed by a lifetime term of supervised release, and a fine of up to $10.5 million. 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.

Six (6) co-defendants previously pled guilty to participating in the conspiracy with Kyle Leeper, and/or aiding and abetting the murder. All are awaiting sentencing.

Jose Pimentel, Jr., age 31, of Los Angeles, California, pled guilty to conspiracy to distribute, and possess with intent to distribute 50 grams or more of methamphetamine.

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

John Rice, age 57, of Crawfordsville, Indiana, of Los Angeles, California, pled guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine.

Ramon Nieves-Cotto, age 30, of DeRuyter, New York, pled guilty to aiding and abetting a murder during a drug conspiracy, and conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine.

Crystal J. Stephens, age 34, of Groton, New York, pled guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine.

Arlene N.  Rodriguez, age 38, of Montebello, California, pled guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, possession with intent to distribute 50 grams or more of methamphetamine, and possession of a firearm in connection with a drug trafficking crime. 

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

ALBANY, NEW YORK – Jacob Delaney, age 24, of Holtsville, New York, was sentenced today to 78 months in prison for receiving and possessing child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Delaney admitted that between about September 2018 and December 12, 2019, as a resident of New Paltz, New York, he used the Internet to search for, and download, numerous still images and video files of child pornography onto his computer and external hard drive.  Some of the child pornography files received and possessed by Delaney depicted prepubescent children engaged in sexual conduct.

In imposing the sentence, Senior United States District Judge Thomas J. McAvoy also imposed a 10-year term of supervised release to follow the term of incarceration. 

This case was investigated by the FBI.  The case was prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Rick Belliss.

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

ALBANY, NEW YORK – Hensel Phelps Construction Company (Hensel Phelps), a large construction company headquartered in Greeley, Colorado, has agreed to pay $2,804,110 to resolve allegations that it improperly manipulated a federal subcontract designated for a business owned and operated by a service-disabled veteran, announced Carla B. Freedman, the United States Attorney for the Northern District of New York, and Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington. 

“This settlement holds accountable another large company for scheming to obtain a contract set aside for a veteran-owned small business,” said United States Attorney Freedman.  “Working closely with our colleagues in the Eastern District of Washington and our agency partners, we have returned millions of dollars to taxpayers over the past three months while demonstrating the serious consequences for those who divert contracting opportunities away from veterans.”

Federal government contracts and subcontracts may be reserved, or “set aside,” for various categories of small businesses, such that only eligible small businesses in a particular socioeconomic category are eligible to bid on, receive, and perform the contracts.  One such category is a service-disabled, veteran-owned small business (SDVOSB), which is reserved for small businesses owned, controlled, and operated by veterans of the United States military who incurred a disability in the course of their military service to the United States.  Large businesses that perform on large federal prime contracts must develop and implement small business subcontracting plans designed to subcontract portions of the work to SDVOSBs and other types of small businesses.

Hensel Phelps is a general contractor and construction company that performs large scale private construction and public works projects nationwide, including in New York and Washington States.  In 2011, the U.S. General Services Administration (GSA), which oversees construction of many federal buildings, awarded Hensel Phelps a contract to construct the Armed Forces Retirement Home’s New Commons/Health Care Building in Washington, D.C.  The Armed Forces Retirement Home provides retirement communities and residential facilities for veterans.  As a condition of the contract, Hensel Phelps was required to have and implement a small business subcontracting plan to provide contracting opportunities for SDVOSBs and other types of small businesses. 

During the course of the contract, Hensel Phelps negotiated with another large business, identified in the settlement agreement as “Company 1,” to provide kitchen and food service equipment for the Armed Forces Retirement Home.  In the settlement agreement, Hensel Phelps admitted that it negotiated the entire subcontract, including all of the equipment, installation, and other needed kitchen work, including pricing, with Company 1, which was not an SDVOSB.  Hensel Phelps further admitted that after it had fully negotiated the work with Company 1, rather than executing the subcontract with Company 1, Hensel Phelps instead entered into a subcontract with an SDVOSB, identified in the settlement agreement as “the SDVOSB,” providing for the same work and using the same terms and pricing that had been agreed upon between Hensel Phelps and Company 1, but including an additional 1.5% fee for the SDVOSB.  Hensel Phelps further admitted that it should have known that the SDVOSB was merely a passthrough for Company 1, which was providing all of the work on the subcontract, including the bonding, purchasing, and installing of all of the equipment, and that the SDVOSB’s role was limited to providing its SDVOSB status and making it appear as though an SDVOSB was performing the work.

In February 2022, Trimark USA, LLC, an equipment vendor headquartered in Mansfield, Massachusetts, paid $48.5 million to resolve admissions and allegations that TriMark subsidiaries improperly manipulated and obtained contracts set aside for SDVOSBs nationwide, including the Armed Forces Retirement Home subcontract.  In the same settlement, former TriMark executive Kimberly Rimsza paid an additional $100,000 penalty to resolve her individual liability.

“Taking advantage of contracts intended for companies owned and operated by service-disabled veterans demonstrates a shocking disregard for fair competition and integrity in government contracting,” said United States Attorney Waldref.  “Together with the landmark TriMark settlement, we have returned over $50 million to the public and provided accountability for these critical programs.  I want to especially commend our strong partnership with the Northern District of New York and the stellar investigative work done by the case agents.  We will continue to work with our law enforcement partners to pursue small business fraud and ensure fair contracting opportunities for our small business community, which is critical to a safe and strong Eastern Washington.”

“Fraudulent schemes that take advantage of contract opportunities set aside for disabled veterans cheat the government and deserving bidders.  We will continue working with our law enforcement partners to preserve the integrity of federal contracting,” said GSA Inspector General Carol Fortine Ochoa.

“Protecting Department of Defense (DoD) contracts intended for small businesses owned by disabled veterans of the United States military is a priority for the DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office.  “We will continue to work with the Department of Justice and our law enforcement partners to hold companies accountable for circumventing SDVOSB requirements.”

This case began in April 2022, when a whistleblower, a company known as Fox Unlimited Enterprises, LLP, filed a qui tam complaint under seal in the U.S. District Court for the Northern District of New York, Case No. 1:22-cv-355.  When a whistleblower, or “relator,” files a qui tam complaint, the False Claims Act requires the United States to investigate the allegations and elect whether to intervene and take over the action or to decline to intervene and allow the relator to go forward with the litigation on behalf of the United States.  The relator is generally able to then share in any recovery.  Pursuant to the settlement agreement, the relator will receive $630,925 of the settlement.

The settlement was the result of a joint investigation conducted by the U.S. Attorney’s Office for the Northern District of New York; the U.S. Attorney’s Office for the Eastern District of Washington; the Defense Criminal Investigative Service, Syracuse Post of Duty; the General Services Administration Office of Inspector General, New York Field Investigations Office; the Department of Homeland Security Office of Inspector General, New York Field Office; the Air Force Office of Special Investigations, Procurement Fraud Detachment 6, Rome, New York; the U.S. Army Criminal Investigative Division, Syracuse Fraud Branch Office; the U.S. Department of Veterans Affairs Office of Inspector General, Spokane and Buffalo Resident Agencies; and the Naval Criminal Investigative Service, Economic Crimes Resident Agency Northeast.  Assistant United States Attorneys Adam J. Katz of the Northern District of New York and Dan Fruchter and Tyler H.L. Tornabene of the Eastern District of Washington handled this matter on behalf of the United States.

ALBANY, NEW YORK – Paul J. Carter, also known as Paul Hamilton, and formerly known as Paul Cristallo, was sentenced today to time served (6 days in jail), and to pay a $5,000 fine, for making false statements in a 2018 U.S. visa application.

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).

Carter, age 55, an Australian citizen residing in Watervliet, New York, admitted to lying about his criminal history when he sought to renew his E-2 visa in 2018.  E-2 visas admit certain foreign nationals who have invested a substantial amount of money in a U.S. business.  Carter obtained an E-2 visa, and began residing in the United States, in 2014.  The U.S. government denied Carter’s visa renewal application in 2018, and Carter has been residing in the United States without status since May 2020.

This case was investigated by HSI, with assistance from the U.S. Department of State Diplomatic Security Service, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Ted Serr, age 38, of Syracuse, pled guilty today to one count of distribution of child pornography, one count of receipt of child pornography and one count of possession of child pornography, announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and New York State Police Superintendent Kevin P. Bruen.

Serr, who remains detained pending his sentencing scheduled for September 7, 2022, before Senior United States District Judge Norman A. Mordue, faces at least 5 years and up to 60 years in prison.  The Court will also impose a term of supervised release of between 5 years and 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.  Serr will also be required to register as a sex offender.

As part of his guilty plea, Serr admitted that he actively traded child pornography images and videos using a social media messaging application on his cellular telephone, and that on June 2, 2021, he distributed a video file depicting sexual conduct with a child who was between 8 and 11 years old.  Serr further admitted that on June 8, 2021, he received a video file depicting sexual conduct with a child who was between 3 and 5 years old.  Finally, Serr admitted that on June 10, 2021, he knowingly possessed 52 image files and 452 video files depicting child pornography on his cellular telephone.

Serr’s case was investigated by U.S. Homeland Security Investigations (HSI), and Investigators of the New York State Police, Computer Crimes Unit (CCU).  The case is being prosecuted by Assistant U.S. Attorney Geoffrey J.L. Brown 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), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Stephen Calderon, age 42, of Albany, pled guilty today to illegally possessing a rifle as a felon.

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

As part of his plea, Calderon admitted that on December 19, 2018, he knowingly possessed a Norinco SKS 7.62x39 caliber rifle in the city of Albany.  Two prior felony convictions, both for driving with a suspended license as a habitual offender in Florida, prevented Calderon from legally possessing the firearm.

Calderon faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced by Senior United States District Judge Thomas J. McAvoy.

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

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

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 – Martin Connearney, age 32, of Lenox, Massachusetts, was arrested yesterday and charged with traveling across state lines with the intent to engage in a sexual act with a minor. 

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

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

The criminal complaint alleges that between April 6, 2022 and May 4, 2022, Connearney exchanged text messages with another person in which Connearney expressed interest in engaging in sexual conduct with a child.  Connearney and the other person discussed plans in which Connearney would travel from Massachusetts in order to meet at a prearranged location in New York and engage in sexual acts with the child.  On the morning of May 5, 2022, Connearney drove from Lenox to New York, where he was encountered by law enforcement officials and arrested. 

Connearney appeared today before United States Magistrate Judge Daniel J. Stewart and was ordered detained after he waived his right to a detention hearing. 

The charge filed against Connearney carries a maximum sentence of 30 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.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

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

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

SYRACUSE, NEW YORK - Chasib Hafedh Saadoon Al Fawadi, age 36, an Iraqi citizen residing in Geddes, New York, was sentenced today to serve 48 months in federal prison for his convictions for making false statements in a U.S. immigration application for permanent residence, and making false statements to U.S. Immigration officials during an oral interview for permanent residency, 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 Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office. The sentence imposed today included a stipulation for a court order for Al Fawadi’s removal from the United States without further immigration proceedings following his release from federal prison.

As part of his guilty plea, Al Fawadi admitted that in a written application mailed to United States Citizenship and Immigration Services in Syracuse, New York, on June 8, 2017, he falsely denied being a member of any group engaged in violent activities. Al Fawadi’s statement was false because since after his 26th birthday, while living in Iraq, he was a member of and affiliated with As’ib Ahl al-Haq (AAH), an Iranian-backed Shiite militia and paramilitary organization. Also, as part of his guilty plea, Al Fawadi admitted that he falsely reaffirmed his previous written statements during an in-person oral interview with United States Citizenship and Immigration Services in Syracuse on April 9, 2019. 

Al Fawadi’s participation in AAH—a group which since has been formally designated as a “foreign terrorist organization” by the United States Department of State—included travel to Syria in 2013.  The purpose of the travel was apparently to engage in combat operations in support of the Syrian regime that, less than a month before Al Fawadi arrived, killed over 1,400 of its own citizens in the Ghouta chemical weapons attack. Al Fawadi concealed his travel to Syria, Iran, and Jordan when he applied for refugee classification and again in his application for permanent resident status.

United States Attorney Carla Freedman said, “Immigration applicants must disclose their ties to any group engaged in violent activities, and will be prosecuted when they fail to do so.  Thanks to this prosecution and the diligent work of our law enforcement partners, a dangerous person has been removed from our community and will no longer be able to reside in the United States.”

Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI) said, “Mr. Al Fawadi lied to authorities to conceal his membership in a violent paramilitary group. The FBI’s top priority remains protecting our national security and we will continue to work with our law enforcement partners to ensure dangerous individuals do not have the opportunity to jeopardize the safety of Americans.”

“Due to the dedication of our special agents and law enforcement partners, Al Fawadi is no longer able to hide his affiliation with a violent paramilitary group,” said HSI Buffalo acting Special Agent in Charge Matt Scarpino. “HSI will continue to remain vigilant in its mission to protect the homeland and dismantle terrorist organizations that pose a threat to the United States.”   

This case was investigated by the Federal Bureau of Investigation (FBI) and the United States Department of Homeland Security-Homeland Security Investigations (HSI), and was prosecuted by Assistant U.S. Attorney Steven D. Clymer, with assistance from the Onondaga County District Attorney’s Office, as well as the Counter Terrorism Section of the National Security Division of the Department of Justice [“DOJ”] and the Human Rights and Special Prosecutions Section of the Criminal Division of DOJ.

ALBANY, NEW YORK – Otilio Millan III, age 33, of Broadalbin, New York, pled guilty today to stealing gift cards and cash from mailed packages while employed as a clerk for the United States Postal Service (USPS).

The announcement was made by United States Attorney Carla B. Freedman and Matthew Modafferi, Special Agent in Charge of the Northeast Area for the USPS Office of the Inspector General.

In pleading guilty, Millan admitted that from December 2020 to November 2021, he opened mailed packages in order to steal gift cards and cash, while working at several Post Offices in Albany, including the Terminal Street Station and the Stuyvesant Plaza Station.

Millan, who pled guilty to mail theft, faces up to 5 years in prison when Senior United States District Judge Lawrence E. Kahn sentences him on September 8, 2022.  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.  Millan has also agreed to pay restitution.

This case was investigated by the USPS Office of the Inspector General and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Ehab Kodsi, age 56, of Watervliet, New York, pled guilty today to filing a false tax return and admitted to deliberately underreporting his income from 2015 to 2018.

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

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

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

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

Kodsi faces up to 3 years in prison, and a maximum $250,000 fine, when Senior United District Judge Lawrence E. Kahn sentences him on September 8, 2022.  He has also agreed to pay restitution to the IRS in the amount of $245,212.  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 IRS-CI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Thomas Hendricks Jr., age 40, of Schenectady, New York, pled guilty today to illegally possessing a loaded pistol as a felon.

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

As part of his plea, Hendricks admitted that on June 20, 2021, he brandished a 9mm semi-automatic pistol while live-streaming on his Facebook account.  He further admitted that on June 28, 2021, he possessed the same loaded pistol in his residence in the city of Schenectady, at which time it was seized by the Schenectady Police Department as part of an investigation.  Two prior felony convictions, for criminal possession of a weapon and aggravated cruelty to animals, prevented Hendricks from legally possessing the firearm in New York. 

Hendricks faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on September 13, 2022, by Senior United States District Judge Thomas J. McAvoy. 

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

This case was investigated by ATF and the Schenectady Police Department, with assistance provided by the Schenectady County District Attorney’s Office.  This case is being 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.

SYRACUSE, NEW YORK – Leroy Reed, age 53, of Ithaca, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy to one count of receipt of child pornography and one count of possession of 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 Superintendent Kevin P. Bruen. 

Reed, who remains detained pending his sentencing scheduled for September 20, 2022, faces at least 15 years in prison and up to 60 years imprisonment on the charges.  The Court will also impose a term of supervised release of between 5 years and 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.

As part of his guilty plea, Reed, admitted that from February 2020 to March 2021 he used a computer to download child pornography over the internet using peer-to-peer file sharing software. A subsequent search of Reed’s apartment revealed that he was in possession of 55 images and 94 video files depicting child pornography.  Reed is a registered sex offender who was convicted in 2002 of Rape in the First Degree involving a victim who was 15 years old.

Reed’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 Tompkins County Sheriff’s Office.  The case is being 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 – Nicholas Donafrio, age 42, of Vestal, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy to one count of possession of 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 Superintendent Kevin P. Bruen. 

Donafrio’s sentencing is scheduled for September 6, 2022.  He faces up to 20 years imprisonment and a fine of up to $250,000 on the charge.  The Court must also impose a term of supervised release of between 5 years and life, and Donofrio will be required to register as a sex offender upon his release from prison. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

As part of his guilty plea, Donafrio admitted that in September of 2016 an FBI undercover agent using peer-to-peer file sharing software downloaded child pornography from Donafrio’s laptop computer and that in March of 2017 he possessed over 12,000 images and 57 video files depicting child pornography on a thumb drive. Donofrio also admitted that he possessed another 1,500 images and 150 videos on eight other pieces of electronic media, and that the child pornography he collected included prepubescent children and toddlers.

Donafrio’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 Vestal Police Department.  The case is being 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.

ALBANY, NEW YORK – Anthony Hadden, age 29, of Modena, New York, was sentenced last week to 121 months in prison for possessing, distributing, receiving and 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, Hadden admitted that between December 14, 2017 and January 9, 2018, he distributed and received images and videos of child pornography through a group messaging application on his phone. His phone also contained numerous files depicting child pornography. Hadden also admitted that on January 21, 2020, Hadden emailed to himself numerous images and videos depicting minors engaged in sexually explicit conduct. 

In imposing sentence on April 29, 2022, United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release to follow the term of incarceration.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and was prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

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

ALBANY, NEW YORK –James Taylor, age 34, of Orange County, New York, was sentenced yesterday to 30 months in prison for possessing and intending to distribute cocaine.

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

As part of his guilty plea, Taylor admitted that on March 2, 2020, he and his co-defendant possessed with the intent to distribute approximately two kilograms of cocaine.

Chief United States District Judge Glenn T. Suddaby also imposed a 2-year term of supervised release to follow the term of incarceration.

His co-defendant, Peter Mami, age 44, also of Orange County, also pled guilty to possessing and intending to distribute cocaine, and is pending sentencing.

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

ALBANY, NEW YORK – James King, age 33, of Schenectady, New York, was sentenced today to 78 months in prison for possessing and intending to distribute methamphetamine.

The announcement was made by United States Attorney Carla B. Freedman; Special Agent in Charge Frank A. Tarentino III, U.S. Drug Enforcement Administration (DEA), New York Division; New York State Police Superintendent Kevin P. Bruen; and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of his guilty plea, King admitted that between February and March 2021, he sold methamphetamine twice and possessed methamphetamine with intent to distribute on March 17, 2021. In total, King admitted to selling more than 150 grams of methamphetamine.

Chief United States District Judge Hon. Glenn T. Suddaby also imposed a term of 4 years of supervised release to follow the term of incarceration.

This case was investigated by DEA, the New York State Police, and HSI, with assistance from the Schenectady Police Department and the Guilderland Police Department, and was prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

ALBANY, NEW YORK - Josef Jarvis, age 32, of Albany, was sentenced today to 46 months in prison for unlawfully possessing a firearm as a felon at the Albany International Airport. 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, Jarvis, who has prior felony convictions for racketeering and weapons offenses, admitted that he possessed a loaded handgun and ammunition while attempting to pass through a security checkpoint at Albany International Airport before boarding a flight on August 16, 2021.

Chief United States District Judge Glenn T. Suddaby also imposed a 3-year term of supervised release, which will start after Jarvis is released from prison.

This case was investigated by the FBI’s Joint Terrorism Task Force (JTTF), the Transportation Security Administration (TSA), and the Albany County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Alexander Wentworth-Ping.

SYRACUSE, NEW YORK – Jonas Whaley, 36, of Chenango County, New York, pleaded guilty today to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug-trafficking crime.

The announcement was made by United States Attorney Carla B. Freedman; John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chenango County Sheriff Ernest R. Cutting Jr., and Broome County Sheriff David E. Harder.

As part of his guilty plea, Whaley admitted that he possessed with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine. Whaley further admitted that he possessed two pistols and a revolver, which he used in furtherance of his drug trafficking to protect himself, the drugs he planned to distribute, and drug proceeds. As part of his guilty plea, Whaley agreed to the forfeiture of 12 additional firearms, more than 3,000 rounds of ammunition of various calibers, and $3,600 in drug proceeds.

At sentencing on August 23, 2022, Whaley faces a minimum term of 10 years and up to life in prison, a post-incarceration term of at least 4 years and up to life of supervised release, and a maximum fine of $5,000,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by ATF, the Chenango County Sheriff’s Office, and the Broome County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.

ALBANY, NEW YORK – A grand jury indictment unsealed today alleges that former New York State Department of Labor (NYSDOL) employee Wendell Giles, age 51, of Albany, conspired with another former NYSDOL employee to fraudulently obtain unemployment insurance (UI) benefits, including federally funded pandemic-relief benefits. A co-conspirator, Carl J. DiVeglia III, age 33, of Albany, waived indictment and pled guilty on April 13 to mail fraud and aggravated identity theft charges before Chief United States District Judge Glenn T. Suddaby.

The announcement was made by United States Attorney Carla B. Freedman; Associate Deputy Attorney General and Director of COVID Fraud Enforcement Kevin A. Chambers; 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).

The indictment alleges that from about July 2020 through August 2021, Giles and DiVeglia initiated fraudulent unemployment insurance applications in the names of other people and then abused their NYSDOL computer systems access to release benefits payments on the false claims.  Giles and DiVeglia each received a share of the fraudulently obtained UI benefits.  The charges in the indictment against Giles are merely accusations. He is presumed innocent unless and until proven guilty.

United States Attorney Carla B. Freedman stated: “As alleged, Wendell Giles breached the public’s trust by taking money from government programs designed to help out-of-work New Yorkers during a global pandemic. The integrity of government benefits programs depends on the honesty of the people who help to administer them. We continue to prioritize COVID fraud prosecutions to maintain public confidence in these programs and to hold accountable those who have abused the system.”

Director Kevin A. Chambers stated: “Those who took advantage of the government’s pandemic relief packages decided that their personal gain was more important than the health and economic security of their fellow citizens. This behavior is even more egregious when committed by government employees who abused their positions of trust. I applaud the hard work of those who are investigating and prosecuting this matter.”

FBI Special Agent in Charge Janeen DiGuiseppi stated: “As alleged in the indictment, Wendell Giles and his co-conspirator used their (former) positions at the NYS Department of Labor to cheat a system designed to help unemployed New Yorkers. Their scheme lined their own pockets during a global pandemic when millions lost their jobs and needed help more than ever. The FBI, along with our partners, will continue to aggressively investigate and hold accountable those who defraud programs designed to assist Americans in need.”

USDOL-OIG Special Agent in Charge Jonathan Mellone stated: “An important part of the mission of the Office of Inspector General is to investigate fraud involving unemployment insurance programs. This is particularly true when an allegation involves misconduct by the very government employees charged with overseeing those programs. We will continue to work with our law enforcement partners and state workforce agencies to aggressively investigate unemployment insurance fraud.”

Giles appeared today and pled not guilty to mail fraud and aggravated identity theft charges before United States Magistrate Judge Daniel J. Stewart.  Giles was released with conditions.

As part of DiVeglia’s guilty plea on April 13, he admitted responsibility for over $1.6 million in losses to NYSDOL and to personally receiving approximately $225,000 in fraud proceeds.

A mail fraud charge 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 charge carries a mandatory term of 2 years in prison, to be imposed consecutive to any other terms 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.

This case is being 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 – Juller Perez, age 43, of Garfield, New Jersey, was arraigned today on an indictment charging him with engaging in a kickback scheme to defraud a company with operations in Greene County, from at least 2015 to 2019. 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 Tammy L. Tomlins, Special Agent in Charge of the Newark Field Office of Internal Revenue Service – Criminal Investigation (IRS-CI).

According to the indictment, from at least 2015 to 2019, Perez co-owned a trucking company in New Jersey that transported products as a third-party contractor for a bedding company with a distribution facility in West Coxsackie, New York. As part of the fraudulent scheme, Perez paid kickbacks to the transportation manager of the bedding company in exchange for the use of the bedding company’s trucks and drivers to transport merchandise from West Coxsackie to Perez’s truck yard in Clifton, New Jersey, which allowed Perez to avoid certain transportation costs. Perez then fraudulently invoiced and received payment from the bedding company as if his trucking company had transported and delivered the merchandise from West Coxsackie when Perez and his trucking company transported the merchandise only from the Clifton, New Jersey location.

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

The charges filed against Perez carry a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Perez was arraigned today in Albany before United States Magistrate Judge Daniel J. Stewart, and was released pending a trial before United States District Judge Mae A. D’Agostino.

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

SYRACUSE, NEW YORK – Dominic Zampini, age 26, of Liverpool, New York, pled guilty today to one count of receipt of child pornography and two counts of possession of child pornography, announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and New York State Police Superintendent Kevin P. Bruen.

Zampini, who remains detained pending his sentencing scheduled for August 24, 2022, faces at least 5 years’ and up to 60 years’ imprisonment on the charges. Following a sentence of imprisonment, Zampini will also be placed on a term of supervised release of between 5 years and 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.

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

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

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

ALBANY, NEW YORK – Andrew Avila, age 45, of Acworth, Georgia, was sentenced yesterday to a 60-day term of imprisonment, to be followed by 1 year of supervised release, and to pay a $5,000 fine, for the misdemeanor offense of entering the Port of Albany under false pretenses. The announcement was made by United States Attorney Carla B. Freedman and U.S. Department of Energy Inspector General Teri L. Donaldson.

Avila was convicted on December 2, 2021 after a four-day jury trial. The trial evidence demonstrated that Avila traveled from Atlanta, Georgia, on May 2, 2018, and entered the Port of Albany by passing himself off as a Department of Energy (“DOE”) employee.  The Port of Albany is a secured area that spans parts of Albany, Rensselaer, and the Town of Bethlehem, New York, and is subject to a security plan required and approved by the United States Coast Guard.

This case was investigated by the Department of Energy, Office of the Inspector General, and was prosecuted by Assistant United States Attorneys Emily C. Powers and Rick Belliss. 

SYRACUSE, NEW YORK – Jeremie Hoyt, age 42, of Davenport, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy  to two counts of sexual exploitation of a child, two counts of distribution of child pornography, and one count of possession of child pornography announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI) and New York State Police Superintendent Kevin P. Bruen.

Hoyt, who remains detained pending his sentencing scheduled for August 24, 2022, faces at least 15 years and up to 110 years imprisonment on the charges, and a fine of up to $250,000.  The Court must also impose a term of supervised release of between 5 years and life, and Hoyt 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.

As part of his guilty plea, Hoyt admitted that he used a child to engage in sexually explicit conduct for the purpose of producing visual depictions of that conduct, and that in August of 2019 he produced a sexually explicit photograph of the child, and in November 2020 he produced a sexually explicit video of the same child.  Hoyt further admitted that he later distributed the sexually explicit image and video over the Internet to other users on a messaging application and that he still possessed the sexually explicit image and video on his iPad when law enforcement searched his home in April 2021.

Hoyt’s case was investigated by U.S. Homeland Security Investigations (HSI), Investigators of the New York State Police, Computer Crimes Unit (CCU), and the Delaware County District Attorney’s Office.  The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown 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 – Thomas E. Cargill, age 56, of Endicott, New York, pled guilty today in federal court in Binghamton to one felony count of failing to register and update his registration as a sex offender after it was discovered that he had an e-mail address that he had not disclosed to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York.

In pleading guilty, Cargill admitted that from November 5, 2016, through November 13, 2021, he failed to register a Google email address he created on September 24, 2016, as required by SORNA.

Cargill was required to register as a sex offender because of his federal conviction in 2008 for possession of child pornography.

In addition to his plea to failure to register and update a registration as a sex offender, Cargill also admitted today that this conduct violated the terms of supervised release previously imposed after his 2008 conviction.

Sentencing is scheduled for August 24, 2022 before Senior United States District Thomas J. McAvoy.  In addition to any punishment for violating the terms of his supervised release, Cargill faces a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of at least 5 years and up to life on the sex offender registration offense.  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 and is being prosecuted by Assistant United States Attorney Geoffrey J. L. Brown as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc

SYRACUSE, NEW YORK – Tyrone Parker, age 40, of Fort Lauderdale, Florida, pled guilty today in federal court in Syracuse to conspiracy to commit bank fraud and aggravated identity theft, announced United States Attorney Carla B. Freedman; Michael J. Driscoll, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI); and Putnam County Sheriff Kevin J. McConville.

In pleading guilty, Parker, whose aliases include “Tyron Parker” and “Thigh,” admitted that he was involved in a fraud scheme known as “Felony Lane Gang” between July 2019 and September 2020. Parker and his co-conspirators traveled across the country breaking into cars, often targeting those parked by women at locations such as health and fitness centers, daycares, outdoor recreational parks, and dog parks.  After committing these “smash-and-grab” vehicle thefts, Parker and other members of the conspiracy stole debit cards, credit cards, checkbooks, and photo identifications, which they later used to commit bank fraud by recruiting women to impersonate the smash-and-grab victims in drive-through bank lanes and cash checks. The recruited check cashers were almost always suffering from an addiction to controlled substances and were provided payment at least partially in narcotics. Parker admitted that the loss amount from the conspiracy attributable to him is between $95,000 and $150,000, over a 15-month period.

The charges to which Parker pled guilty carry a minimum sentence of 2 years in prison and a maximum sentence of 30 years, a fine of up to $1 million, and a supervised release term of up to 5 years. Parker will be sentenced on August 15, 2022 by Senior United States District Judge Norman A. Mordue. 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.

Parker was one of nine men charged in a 13-count indictment for their roles in the scheme. Keyshawn Arnold, age 25, of Schenectady, New York, previously pled guilty for his role in the indictment. The remaining co-defendants are:

• TYRONE PARKER, JR. a/k/a “Ty,” a/k/a “Cheese,” a/k/a “Little Thigh,” age 22, of Fort Lauderdale, Florida;
• JOSHUA MALLORY, a/k/a “P,” a/k/a “Pudge,” age 37, of Fort Lauderdale;
• RANDALL TAYLOR, a/k/a “Gucci,” a/k/a “Guwop,” age 35, of Fort Lauderdale;
• CEDRIC LYNCH, a/k/a “City,” a/k/a “C,” age 37, of Orlando, Florida;
• TERRELL MCDONALD, a/k/a “Ruger,” a/k/a “Moon,” age 32, of Troy, New York;
• ROBERT NATSON, a/k/a “Big Rob,” age 36, of Fort Lauderdale; and
• GARY GRIER, a/k/a “G,” age 36, of Fort Lauderdale.

Each of these defendants is charged with conspiracy to commit bank fraud and aggravated identity theft.  The charges in the indictment are merely accusations, and the defendants whose cases remain pending are presumed innocent unless and until proven guilty.

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

The case was initiated by former Assistant United States Attorney Andrew D. Beaty and is being prosecuted by Assistant United States Attorneys Matthew J. McCrobie and Michael F. Perry.

SYRACUSE, NEW YORK – DAEQUON D. PERKINS, age 25, and MARK W. BAKER, age 44, both of Utica, New York, pled guilty today for their participation in a fentanyl conspiracy.

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, Timothy Foley, Acting Special Agent in Charge. U.S. Drug Enforcement Administration (DEA), New York Division; John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Mark Williams, Utica Police Department.

PERKINS pled guilty today to conspiring to distribute and possess with intent to distribute 40 grams or more of a mixture and substance containing fentanyl, and to distribution of a mixture and substance containing fentanyl. As part of his guilty plea, Perkins admitted that beginning no later than May 2021, he agreed with others to distribute 40 grams or more of a mixture containing fentanyl to customers in the Utica, New York area. Perkins also admitted that on May 27, 2021, he distributed approximately 1.75 grams of a fentanyl mixture in Utica.

At sentencing on August 10, 2022, PERKINS faces a minimum term of 5 years and up to 40 years in prison, a post-incarceration term of at least 4 years and up to life of supervised release, and a maximum fine of $5,000,000.

BAKER pled guilty to conspiring to distribute and possess with intent to distribute 40 grams or more of a mixture and substance containing fentanyl, possession with intent to distribute a mixture and substance containing fentanyl, possession of a firearm in furtherance of a drug-trafficking crime, and possession of a firearm and ammunition by a felon. As part of his guilty plea, Baker admitted that beginning no later than May 2021, through at least August 4, 2021, he agreed with others to distribute 40 grams or more of a mixture containing fentanyl to customers. Baker further admitted that on August 4, 2021, at his residence in Utica, he possessed a fentanyl mixture he intended to distribute to others, a .40 caliber semiautomatic pistol, two 12-gauge shotguns, and multiple rounds of ammunition of various calibers, which he possessed in furtherance of drug-trafficking. Baker also acknowledged that in 2010, he was convicted of drug conspiracy charges in the United States District Court for the Northern District of New York, for which he was sentenced to 27 months’ imprisonment.

At sentencing on August 10, 2022, BAKER faces a minimum term of 15 years and up to life in prison, a post-incarceration term of at least 8 years and up to life of supervised release, and a maximum fine of $8,000,000.

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. Attorney Matthew J. McCrobie.

ALBANY, NEW YORK – Aaron Griesche, age 39, of Niskayuna, New York, was arrested today on a federal criminal complaint charging him with receiving 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).

The complaint alleges that Griesche used his laptop to download child pornography, which he later transferred to a USB storage device. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

The charge against Griesche carries a minimum sentence of 5 years and a maximum sentence of 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. 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. Griesche would also have to register as a sex offender if convicted.

Griesche appeared today for an initial appearance before United States Magistrate Judge Daniel Stewart and was ordered detained pending further proceedings.

This case is being investigated by the FBI Child Exploitation Task Force and by the New York State Police Internet Crimes Against Children Task Force, and is being prosecuted by Assistant U.S. Attorney Dustin C. Segovia 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 – Vivian Letizia, age 63, of Stone Ridge, New York, pled guilty today to acquiring and obtaining a controlled substance by misrepresentation, fraud, deception, or subterfuge. The announcement was made by United States Attorney Carla B. Freedman and Timothy Foley, Acting Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

In pleading guilty, Letizia admitted that, on December 16, 2019, she fraudulently submitted a prescription for oxycodone for one of her dentistry patients using that patient’s name and date of birth. Letizia then obtained that oxycodone from a pharmacy in Woodstock, New York, for her own consumption. At the time Letizia submitted the prescription to the pharmacy, she knew that she was not treating this patient and that she intended to personally consume the oxycodone.

At sentencing on August 25, 2022, Letizia faces up to 4 years in prison, a supervised release term of up to 1 year, and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

By pleading guilty, Letizia also agreed to surrender her New York State medical license. She also agreed that she would be prohibited from re-applying for a DEA registration number that would allow her to write prescriptions authorizing the dispensation of controlled substances for legitimate medical purposes.

This case was investigated by the DEA Albany District Office’s Tactical Diversion Squad, and the New York State Department of Health, Bureau of Narcotic Enforcement, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

Assistant U.S. Attorney Christopher Moran, of the Civil Division, also assisted in the investigation.

ALBANY, NEW YORK – Sherrod Johnson, aka “Rod,” age 28, of Troy, New York, was sentenced yesterday to 81 months in prison for possessing and intending to distribute heroin on separate occasions in 2019 and 2020, and to possessing a firearm in furtherance of a drug trafficking crime in 2020.

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 Timothy Foley, Acting Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

In pleading guilty, Johnson admitted to possessing and intending to distribute heroin mixed with fentanyl discovered in his apartment on Seventh Avenue in Troy in March 2019.  Over a year later, on April 1, 2020, law enforcement observed Johnson flash a handgun on Facebook Live and the following morning attempted to stop Johnson in the Corliss Park area of Troy.  Johnson fled, and as he was pursued by police, placed a loaded .40 caliber handgun in a grill.  Johnson was ultimately captured and in searching his Corliss Park apartment, law enforcement discovered 18 bundles of heroin and four digital scales.  Johnson, who possessed over $5,600 in cash at the time of his arrest, admitted to possessing and intending to distribute the 18 bundles of heroin and to possessing the handgun to protect his heroin and drug proceeds. 

Johnson was also sentenced to a 3-year term of post-release supervision. 

The case was investigated by the ATF, DEA, and Troy Police Department, and prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

SYRACUSE, NEW YORK – Stephon Williams, age 38, of Brooklyn, New York, pled guilty today to 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).

Williams was previously convicted of Criminal Sale of a Controlled Substance in the Fourth Degree, a Class C felony in the State of New York.  As part of his plea today, 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.  During the search of the vehicle Williams had been driving, agents also recovered over 19 grams of cocaine from a passenger in the vehicle, and approximately 5 grams of cocaine in Williams’s pocket. Approximately 100.2 grams of marijuana was recovered from the rear driver’s side seat of the vehicle.

At sentencing, currently scheduled for August 11, 2022, Williams faces up to 10 years in federal prison, a 3-year term of post-release supervision, and a fine of up to $250,000.00. 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.

The case was investigated by the Buffalo Field Office of Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP), and is being prosecuted by Special Assistant U.S. Attorney Adrian LaRochelle as 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 – Ibn Spivey, age 31, of Elizabethtown, New Jersey, was sentenced today to 87 months in prison for possession with intent to distribute cocaine and cocaine base.

The announcement was made by United States Attorney Carla B. Freedman and Timothy Foley, Acting Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Spivey admitted that he possessed cocaine base and cocaine at a residence in Westport, New York, in Essex County.  On November 3, 2020, DEA agents executing a search warrant found Spivey and his co-defendant, James Kerns, sitting across from a large brick of cocaine and drug packaging materials, along with a large knife and a video surveillance monitor.  Near Spivey and Kerns was a lunchbox filled with cocaine base and powder cocaine.  Spivey, sitting across from Kerns, had a bag of cocaine base tucked down his pants. 

Chief U.S. District Court Judge Glenn T. Suddaby also sentenced Spivey to 4 years of supervised release following his incarceration.  Spivey has been in custody since his arrest on November 3, 2019.  The co-defendant, James Kerns, was sentenced last month to 110 months of incarceration following a four-day trial in July 2021.

This case was investigated by the DEA and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Troy Anderson and Katherine Kopita.

ALBANY, NEW YORK – Jacques Laventure, age 35, of Brooklyn, New York, pled guilty today to obstructing an official proceeding by selling a mansion and estate that the U.S. Attorney’s Office was seeking to forfeit as part of a criminal case against his brother.

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).

Laventure is the brother of Jean Lavanture, of Saugerties, New York.  Jean Lavanture was indicted in October 2020 for fraudulently obtaining nearly $5 million in Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDLs) intended to help legitimate businesses during the pandemic. As part of that prosecution, the U.S. Attorney’s Office sought to forfeit a mansion and estate in Byram Township, New Jersey, that Jean Lavanture bought with approximately $850,000 in fraud proceeds.

In pleading guilty, Jacques Laventure admitted that between January and March 2021, he schemed to sell the Byram Township property, knowing that the U.S. Attorney’s Office sought to forfeit it.  He also admitted that on March 10, 2021, he completed the sale of the property for $443,920 net of fees, and knew that by selling the property to a third party, he was preventing its forfeiture in the criminal case brought against his brother.

Laventure faces up to 20 years in prison, and up to 3 years of post-imprisonment supervised release, when Chief United States District Judge Glenn T. Suddaby sentences him on August 25, 2022.  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.  Laventure has agreed to forfeit $443,920 that the FBI has already seized, and to pay an additional $331,080 in restitution.

This case was investigated by the FBI, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.

SYRACUSE, NEW YORK – Devin Nau, age 27, of Auburn, New York, pled guilty today before United States District Judge David N. Hurd to two counts of sexual exploitation of a child and two counts of distribution of child pornography, announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and New York State Police Superintendent Kevin P. Bruen.

Nau, who remains detained pending his sentencing scheduled for August 11, 2022, faces at least 15 years and up to 100 years imprisonment on the charges.  The Court will also impose a term of supervised release of between 5 years and life, and Nau 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.

As part of his guilty plea, Nau admitted to engaging in sex acts with two minor victims that he filmed and photographed using his cellular telephone.  Nau further admitted that after recording the sex acts, he used a social media messaging application on his cellular telephone to distribute the depictions to other individuals over the internet.

Nau’s case was investigated by U.S. Homeland Security Investigations (HSI), Investigators of the New York State Police, Computer Crimes Unit (CCU), the Cayuga County District Attorney’s Office and the Auburn City Police Department.  The case is being prosecuted by Assistant U.S. Attorney Geoffrey J.L. Brown 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 – Alexander Carrasquillo-Rosado, age 31, of Syracuse, pled guilty today to possessing and intending to distribute controlled substances. The announcement was made by United States Attorney Carla B. Freedman, Ketty Larco-Ward, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office, Thomas Fattorusso, Executive Special Agent in Charge, Internal Revenue Service – Criminal Investigation Division (IRS-CI), New York Field Office, and Kenton Buckner, Chief of Police, Syracuse Police Department.

As part of his plea, Carrasquillo-Rosado admitted that, on November 17, 2021, he possessed with intent to distribute six kilograms of cocaine found in his car and his house on that day.

At sentencing on August 17, 2022, Carrasquillo-Rosado faces a term of imprisonment of at least ten years and up to life, a post-incarceration term of supervised release of between five years and life, and a maximum fine of $10,000,0000.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the United States Postal Inspection Service (USPIS), Homeland Security Investigations (HSI), Internal Revenue Service – Criminal Investigation Division (IRS-CI), and the Syracuse Police Department. Investigative assistance was provided by the Drug Enforcement Administration (DEA), United States Border Patrol, and the Onondaga County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

SYRACUSE, NEW YORK – William D. Wood, Jr. was sentenced today on federal charges related to the September 2018 robbery and murders he committed at the Chili’s Bar and Grill in Dewitt, New York, 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), New York State Police Superintendent Kevin P. Bruen, and Chief Chase L. Bilodeau, Town of Dewitt Police Department.

As a part of his earlier guilty plea, Wood admitted that he obtained a loaded handgun to commit a robbery at the Chili’s, and that during the early morning hours of September 15, 2018, armed with that loaded handgun, he forced his way into the back door of Chili’s, where four employees remained to close the restaurant.  Wood admitted that he held all four employees on the ground at gunpoint, and after obtaining the available cash from the restaurant’s safe, shot and killed Stephen Gudknecht and Kristopher Hicks. Wood further admitted that his gun malfunctioned as he attempted to shoot a third employee in the head, allowing time for her and the fourth employee to hide and flee. 

Chief United States District Judge Glenn T. Suddaby imposed consecutive sentences on each of the three federal felonies to which Wood pled guilty: 20 years for robbery, and life sentences on each of two counts of using a firearm in furtherance of a crime of violence and murder.

“Today’s sentencing of William Wood marks the end of a horrific crime that senselessly took the lives of two innocent people.  While nothing can ever make up for their loss, we hope that the life sentences imposed on Wood today represents some measure of justice and will further ensure that he never again is free to victimize anyone. Our thoughts today are with all four victims, their families, friends, and co-workers.  All have suffered grievously from the robbery and murders committed by Wood,” said United States Attorney Carla Freedman.

“Today’s lengthy sentence serves to protect our communities, while sending a strong message to violent offenders like the defendant that they will be held accountable to the fullest extent of the law. William Wood Jr. preyed upon his victims and showed no mercy. We commend the work of ATF’s Syracuse Field Office and our partners from the New York State Police, Town of DeWitt Police Department and United States Attorney’s Office for their steadfast commitment to investigating this heinous crime and for ensuring that justice was served,” said ATF Special Agent-in-Charge John B. DeVito.

New York State Police Superintendent Kevin P. Bruen said, “Mr. Woods sentencing illustrates the work of a strong law enforcement partnership that has resulted in a dangerous man being taken off the streets. As we mourn for the victims and their families, we hope this sentencing brings them a sense of peace that Mr. Wood will never commit a crime like this again.  State Police and our partners will continue to work in keeping our communities safe from such criminals and the purposeless violence and deaths that they cause.”

“The crimes committed by William Wood were some of the most senseless, violent and horrific crimes that our community has ever seen. Although no measure of justice can ever fully make up for those actions, I hope today’s sentencing can bring at least some measure of peace to the victims, their families and all those who were hurt by his crimes. I would like to thank all of the first responders, investigators and prosecutors involved in this case, for working so diligently to ensure that William Wood will never again be free to victimize others,” said Chief Chase Bilodeau, Town of Dewitt Police Department.  

Wood is currently serving a life sentence on state charges related to the robbery and murders.  In the event that New York State ever releases Wood, he will be surrendered to federal authorities to serve each of the three sentences handed down today. 

The case against Wood was investigated by United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Town of Dewitt Police Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Lisa M. Fletcher and Michael D. Gadarian.

SYRACUSE, NEW YORK – Javon Mayo, 30, of Syracuse, New York, was sentenced yesterday to a 366-day term of imprisonment for assaulting a United States Postal Service letter carrier, announced United States Attorney Carla B. Freedman and Ketty Larco-Ward, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.

As part of his previous plea, Mayo admitted that on December 24, 2020, he struck a letter carrier in the right eye while the carrier was delivering mail at an apartment complex in Syracuse, NY.  Mayo broke part of the bone around the carrier’s eye.

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

This case was investigated by the U.S. Postal Inspection Service and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

SYRACUSE, NEW YORK – John Seiselmyer, age 50, of Utica, New York, pled guilty today before Chief United States District Judge Glenn T. Suddaby to one count of receipt of child pornography and one count of possession of 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 Superintendent Kevin P. Bruen. 

Seiselmyer, who remains detained pending his sentencing scheduled for August 2, 2022, faces at least 15 years in prison and up to 60 years imprisonment on the charges.  The Court will also impose a term of supervised release of between 5 years and 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.

As part of his 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.

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

ALBANY, NEW YORK – Muhammad Coleman, age 42, of Schenectady, New York, pled guilty today to unlawfully possessing a firearm as a felon, and to possessing and conspiring to distribute marijuana.

The announcement was made by United States Attorney Carla B. Freedman and Timothy Foley, Acting Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

Coleman admitted that he conspired with others to sell marijuana, including by selling marijuana from his 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 faces up to 20 years in prison, as well as a minimum term of post-imprisonment supervised release of 3 years, when United States District Judge Mae A. D’Agostino sentences him on August 4, 2022.  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.

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 Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) assisted in this investigation. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Michael Hawkins, age 59, of Maryland, New York was arrested today for failing to register and update his registration as a sex offender as required by the Sex Offender Registration and Notification Act (“SORNA”). The announcement was made by United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York.

According to the complaint filed against him, Hawkins is required to register as a sex offender because of his 1997 conviction in the State of Rhode Island for First-Degree and Second-Degree Child Molestation. The complaint further alleges that Hawkins has been residing in New York without registering his address for several months and that his last registration shows him as homeless living in Rhode Island.

If convicted, Hawkins faces a maximum imprisonment term of 10 years, supervised release of up to three years starting after he serves any term of imprisonment, and a fine of up to $250,000.

Hawkins was arraigned today before United States Magistrate Judge Miroslav Lovric and was detained pending further court proceedings.

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

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

SYRACUSE, NEW YORK – The Justice Department filed a Statement of Interest today in the U.S. District Court for the Northern District of New York explaining how policies that exclude rental housing applicants because they do not speak English may violate the Fair Housing Act. 

The Statement of Interest was filed in CNY Fair Housing v. Swiss Village LLC, et al., a lawsuit alleging that the defendants violated the Fair Housing Act (FHA) by refusing to rent apartments to applicants who are limited English proficient (LEP) unless someone who speaks and reads English lives in the unit.  The defendants own and manage apartments in Dewitt, New York.  The lawsuit further alleges that the defendants refused the applicants’ offers to bring their own interpreters to translate lease documents and assist with communications.   

“Refusing to rent to people who do not speak English makes finding safe and affordable housing especially hard for people who come to the United States from countries where English is not the primary language,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When housing providers ban prospective tenants who do not speak English well, their actions may violate the Fair Housing Act, which prohibits discrimination based on national origin, race and other protected characteristics. As we celebrate Fair Housing Month, the Department of Justice underscores its commitment to fighting for fair housing across our nation and ensuring that housing providers respect the federal civil rights of people who do not read or speak English fluently.”

“The right to housing is fundamental to full participation in society,” said U.S. Attorney Carla Freedman for the Northern District of New York. “When landlords engage in practices or enact policies that disparately impact people who have come to America from non-English speaking countries, these actions must be strictly scrutinized for potential violations of the Fair Housing Act.  My office is proud to partner with the Civil Rights Division in regard to this matter.”

“HUD commends the Justice Department for pursuing the housing rights of those who call America home,” said Demetria L. McCain, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity.

Relying on recent Census data, CNY Fair Housing’s complaint alleges that the defendants’ LEP exclusion policy imposes an unjustified disparate impact on the basis of national origin and race.  The complaint also alleges that the defendants’ restrictive language policy was a pretext to discriminate against applicants based on their national origin and race. 

Among its protections, the FHA prohibits discrimination in housing on the basis of national origin or race. The Statement of Interest explains how a restrictive language policy may violate the FHA when it has a disparate impact or is used as a proxy or pretext for discrimination based on national origin or race, as alleged in plaintiff’s complaint. It also discusses how the plaintiff’s allegations are consistent with the Department of Housing and Urban Development’s Guidance on Fair Housing Act Protections for Persons with Limited English Proficiency, which clarifies how restrictive language policies may run afoul of the FHA. 

CNY Fair Housing v. Swiss Village et al. was filed in the Northern District of New York in November 2021. The defendants have moved to have the case dismissed. CNY Fair Housing opposes that motion, and the Justice Department’s Statement of Interest agrees that dismissal of the complaint would be inappropriate. The motion is now pending before the court.

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status (having one or more children under 18), national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.

Individuals who believe they have been victims of housing discrimination submit a report online at www.civilrights.justice.gov. Such individuals also may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.

ALBANY, NEW YORK – Xiaoqing Zheng, age 59, of Niskayuna, New York, was convicted yesterday of conspiracy to commit economic espionage following a four-week jury trial.

The announcement was made by Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division; United States Attorney Carla B. Freedman of the Northern District of New York; Assistant Director Alan E. Kohler Jr. of the Federal Bureau of Investigation’s Counterintelligence Division; and Janeen DiGuiseppi, Special Agent in Charge of the FBI Albany Field Office.

Zheng was employed at GE Power & Water in Schenectady, New York, as an engineer specializing in sealing technology.  He worked at GE from 2008 until the summer of 2018.  The trial evidence demonstrated that Zheng and others in China conspired to steal GE’s trade secrets surrounding GE’s steam and gas turbine technologies, knowing or intending to benefit the People’s Republic of China (PRC) and one or more foreign instrumentalities, including China-based companies that research, develop, and manufacture parts for turbines.

Assistant Attorney General Matthew G. Olsen stated: “Zheng conspired to steal trade secrets from his employer, GE, and transfer this information to his business partner in China, so they could enrich both themselves and companies receiving support from the PRC government.  This is the kind of exploitation of our economy and open society that the Department will continue to counter relentlessly.”

United States Attorney Carla B. Freedman stated: “Today’s verdict holds Xiaoqing Zheng accountable for betraying his employer and trying to help China cheat in the global marketplace. With our law enforcement partners, we will continue to investigate and prosecute individuals who connive to steal trade secrets and valuable technology from the innovative companies doing cutting-edge work in our district.”

Assistant Director Alan E. Kohler Jr., of the FBI’s Counterintelligence Division, stated: “Those who conspire to steal technology from a U.S. business and transfer it to China can cause tremendous damage. Good-paying jobs could be lost, and communities can suffer. These actions help China become more of a threat to our national security. This is why the FBI puts so much effort into investigating cases of economic espionage.”

FBI Special Agent in Charge Janeen DiGuiseppi stated: “Dr. Zheng used his status as a trusted engineer with GE to conspire to commit economic espionage on behalf of the People’s Republic of China. This conviction should send a strong message that the FBI will continue to vigorously investigate economic espionage cases and pursue prosecution in partnership with the United States Attorney’s Office to ensure the protection of American technology and American jobs.”

Sentencing is scheduled for August 2, 2022, in Albany, before United States District Judge Mae A. D’Agostino.  Zheng faces up to 15 years in prison, a fine of up to $5 million, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

By voting to convict Zheng of conspiracy to commit economic espionage, the jury concluded that between 2016 and 2018, Zheng and others in China conspired to steal GE’s trade secrets involving gas and steam turbine technologies, knowing or intending that the theft would benefit the Government of China.  The jury acquitted Zheng of two counts of economic espionage and two counts of trade secret theft.  The jury could not reach a verdict on one count of conspiracy to commit trade secret theft, two counts of economic espionage, three counts of trade secret theft, and one count of making a false statement to the FBI.

This case was investigated by the FBI, with assistance from the Buffalo Field Office of Homeland Security Investigations (HSI).  The case was prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers, and Trial Attorney Matthew Chang of the National Security Division’s Counterintelligence and Export Controls Section.