Northern District of New York
Press releases recorded for this federal judicial district.
Oswego County Woman Sentenced for Drug Trafficking OffensesRead the Press Release
SYRACUSE, NEW YORK - Alisha Obey, 35, of Fulton, New York, was sentenced today to 57 months in prison for unlawfully possessing with the intent to distribute the synthetic drug eutylone, a Schedule I controlled substance.
The announcement was made by United States Attorney Carla B. Freedman and Matthew J. Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of her prior guilty plea, Obey admitted that on July 14, 2019, November 8, 2019, and December 3, 2019, she possessed eutylone, which she intended to distribute to customers throughout Oswego County. Eutylone is a synthetic cathinone and has pharmacological effects on the central nervous system similar to other Schedule I or II substances such as methylone, pentylone, cocaine, methamphetamine, and MDMA.
Senior United States District Judge Frederick J. Scullin Jr. also imposed a three-year term of supervised release, which will begin after Obey is released from prison.
The case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the City of Fulton Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department, and Agents of the U.S. Border Patrol. The case was prosecuted by Special Assistant United States Attorney Adrian LaRochelle.
Onondaga County Man Sentenced for Distribution, Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Timothy B. Pease, age 32, of Kirkville, New York, was sentenced today to serve 160 months in prison for his distribution, receipt, and possession of child pornography. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his prior guilty plea, Pease admitted that from December 2019 through January of 2020, he used various online social networking applications to receive and distribute child pornography. Pease also admitted that during this time he used another social networking application, on which he posed as a teenage girl, to solicit teenage boys to produce sexually explicit images and videos of themselves, which Pease then distributed to others. Pease also admitted to possessing thousands of images and videos of child pornography at the time of his arrest on January 23, 2020.
Chief United States District Judge Glenn T. Suddaby also imposed a 20-year term of supervised release, which will start after Pease is released from prison. Pease will also be required to register as a sex offender.
This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI). The case was prosecuted by Special Assistant U.S. Attorney Adrian LaRochelle as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Saratoga County Man Sentenced to 9 Years for Distributing and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Cameron Hennelly, age 31, of Halfmoon, New York, was sentenced yesterday to serve 108 months (9 years) in prison for distributing 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 previous guilty plea, Hennelly admitted that, while using a social media messaging application, he sent a video depicting the sexual abuse of a child, whom he believed to be 11 years old, to another individual over the internet. A subsequent search of Hennelly’s phone revealed that he was in possession of multiple videos of child pornography, some of which featured toddlers.
Chief United States District Judge Glenn T. Suddaby also imposed a 20-year term of supervised release, which will start after Hennelly is released from prison. Hennelly will also be required to continue to register as a sex offender.
Hennelly’s case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies. The case was prosecuted by Assistant U.S. Attorney Rachel Williams as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Orange County Man Pleads Guilty to Cocaine ChargeRead the Press Release
ALBANY, NEW YORK – James Taylor, age 33, of Orange County, New York, pled guilty yesterday to possessing and intending to distribute more than 500 grams of cocaine. The announcement was made by United States Attorney Carla B. Freedman and Keith Kruskall, Acting Special Agent in Charge, 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.
Taylor faces at least 5 years and up to 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life, when Chief United States District Judge Glenn T. Suddaby sentences him on April 28, 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.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Former Albany Physician Pays $125,000 for Overprescribing OpioidsRead the Press Release
ALBANY, NEW YORK – Dr. James J. Cole, formerly a physician in Albany, is paying the United States $125,000 for overprescribing opioids and other controlled substances to patients, including one patient who died. Cole also forfeited his prescribing privileges and his medical license.
The announcement was made by United States Attorney Carla B. Freedman, Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (DHHS-OIG); and Acting Special Agent in Charge Keith Kruskall, U.S. Drug Enforcement Administration (DEA), New York Division.
“Sadly, many addictions begin and continue in a doctor’s office,” said Carla Freedman, United States Attorney for the Northern District of New York. “We know that opioids present significant risk to patients, especially when prescribed at high levels, for extended periods of time. We will continue using federal legal remedies to hold doctors accountable when they facilitate abuse.”
“DEA Registrants hold great responsibility and trust,” said Keith Kruskall, Acting Special Agent in Charge of the DEA New York Division. “This particular registrant violated that trust, and the settlement in place demonstrates how DEA and our law enforcement partners will continue to hold all sources of diversion accountable.”
“Opioid abuse has devastated many communities around this country," said Special Agent in Charge Scott J. Lampert, of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations' New York Region. "We will continue to work with our law enforcement partners to ensure that physicians that overprescribe are thoroughly investigated and held accountable for their actions."
This settlement resolves allegations that:
- Dr. Cole prescribed controlled substances outside of the usual course of a professional practice by prescribing several patients the “Holy Trinity,” which is a cocktail of drugs including an opioid, a benzodiazepine, and the muscle relaxer carisoprodol (commonly known as “Soma”). This combination is disfavored in the medical community because it presents an elevated risk of abuse and overdose with little, if any, medical benefit.
- One of Dr. Cole’s patients died after taking a combination of fentanyl and oxycodone prescribed by Dr. Cole. Six months before the fatal overdose, the patient overdosed using fentanyl strips, and an emergency room doctor took the strips from the patient. The next day, Dr. Cole prescribed fentanyl strips for the patient along with oxycodone and morphine.
- Dr. Cole wrote prescriptions that lacked a legitimate medical purpose. For example, he prescribed opioids and benzodiazepines when he knew, through either urinalysis or the patient’s admission, that the patient was not routinely taking the medicine.
The $125,000 payment constitutes civil penalties under the Controlled Substances Act, and damages sustained by Medicare when it reimbursed for Dr. Cole’s illegitimate prescriptions. Dr. Cole has surrendered his DEA registration, and, as part of the civil settlement, agreed not to seek a renewal for at least 15 years. In a separate agreement with New York State, Dr. Cole also agreed to permanently forfeit his New York State medical license.
This case was investigated by DEA Albany District Office’s Diversion Group and Tactical Diversion Squad; the DHHS Office of Inspector General’s New York Region, with assistance from the New York State Department of Health, Bureau of Narcotic Enforcement.
Assistant U.S. Attorney Christopher Moran represented the United States in this matter.
Albany County Man Sentenced to 188 Months for Transporting and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Christopher Eberlein, age 55, of Albany, was sentenced today to serve 188 months in prison for transporting 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 previous guilty plea, Eberlein admitted that, for over a decade, he transported more than 2,000 child pornography files over the Internet. Many of these images featured the sexual abuse of newborns and infants. A subsequent search of Eberlein’s electronic devices revealed that he was also in possession of dozens of child pornography files, which he stored on multiple electronic devices in his residence.
United States District Judge Mae A. D’Agostino also imposed a 20-year term of supervised release, which will start after Eberlein is released from prison. Eberlein will also be required to register as a sex offender.
Eberlein’s case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the New York State Police. The case was prosecuted by Assistant U.S. Attorney Rachel Williams as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Justice Department Awards More Than $17.5 Million to Support Project Safe NeighborhoodsRead the Press Release
SYRACUSE, NEW YORK - The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Rosamond Gifford Foundation in Syracuse was awarded $159,499.00 to administer PSN grant funds in the Northern District of New York.
The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
“We are pleased that the Department of Justice is further investing in violence-prevention efforts in the City of Syracuse,” said United States Attorney for the Northern District of New York Carla B. Freedman. “As a complement to this substantial investment in our communities, my office will continue to prioritize the investigation and prosecution of those who commit violent crimes on our streets.”
PSN grant funding can be used to support a wide variety of evidence-based prevention and intervention programs, including Community Violence Intervention (CVI) programs — such as violence interrupters, street outreach, and hospital-based interventions — which identify those who are at the highest risk and work to reduce violence through targeted interventions. In addition, PSN sites will have access to training and technical assistance resources to assist them in implementing promising prevention initiatives. Approximately 30 percent of PSN funding must be used to support gang task forces in regions in the United States experiencing a significant or increased presence of criminal or transnational organizations engaging in high levels of violent crime, firearms offenses, human trafficking, and drug trafficking.
The Syracuse grant award will go to the Syracuse Police Department. The Syracuse Police Department will use the grant money to support personnel and equipment for anti-gang violence initiatives, such as the Gang Violence Task Force. With approval from BJA, the Fiscal Agent will begin the process of making subawards for PSN grant projects.
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
Jury Convicts Oswego County Man in Child Pornography TrialRead the Press Release
SYRACUSE, NEW YORK – Jay Elhage, age 39, of Palermo, New York, was convicted yesterday of distribution, receipt, attempted receipt, and possession of child pornography following a three-day jury trial in federal court in Binghamton, New York. The jury convicted Elhage of all 6 counts alleged in the superseding indictment. The announcement was made by 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.
The evidence at trial established that Elhage used a peer-to-peer file sharing program to download and share child pornography on the internet and had a collection of child pornography on three devices found in the bedroom of his home.
Sentencing is scheduled for March 30, 2022, in Binghamton, New York, at which time Elhage faces a minimum of 5-years and a maximum sentence of 20-years in prison on each of his convictions for Distribution of Child Pornography, Receipt of Child Pornography, and Attempted Receipt of Child Pornography. He faces a maximum sentence of 20 years in prison on each of the 3-counts of possession of child pornography. For each count of conviction, the maximum fine is up to $250,000.00 and a period of post-incarceration supervised release of at least 5 years, and up to life. Upon release from prison, Elhage will be required to register as a sex offender in any state where he lives, is employed, or is a student. 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 U.S. Homeland Security Investigations (HSI), and the New York State Police-Computer Crimes Unit and is being prosecuted by Assistant U.S. Attorneys Geoffrey J.L. Brown and Michael Gadarian 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 Man Pleads Guilty to Possessing a Firearm as a Felon at Albany International AirportRead the Press Release
ALBANY, NEW YORK – Josef Jarvis, age 32, of Albany, pled guilty today to unlawfully possessing a firearm as a felon at the Albany International Airport on August 16, 2021.
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 on August 16, 2021.
Jarvis 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 Chief U.S. District Judge Glenn T. Suddaby sentences him on April 28, 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.
This case was investigated by the FBI’s Joint Terrorism Task Force (JTTF) and the Albany County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Alexander Wentworth-Ping.
Schenectady Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
ALBANY, NEW YORK – James King, age 33, of Schenectady, New York, pled guilty today to possessing with intent to distribute methamphetamine, a Schedule II controlled substance.
The announcement was made by United States Attorney Carla B. Freedman; Acting Special Agent in Charge Keith Kruskall, U.S. Drug Enforcement Administration (DEA), New York Division; 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 to another person and possessed methamphetamine with intent to distribute on March 17, 2021 when he was arrested.
King faces at least 10 years and up to life in prison, a fine of up to $10 million, and a post-imprisonment term of supervised release of at least 5 years and up to life when Chief U.S. District Judge Glenn T. Suddaby sentences him on April 28, 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.
This case was investigated by DEA with assistance from HSI and the Guilderland Police Department, and is being prosecuted by Assistant U.S. Attorneys Alexander P. Wentworth-Ping and Dustin Segovia.
Greene County Man Pleads Guilty to Tax Evasion ConspiracyRead the Press Release
ALBANY, NEW YORK – Joseph D. Radcliffe, age 74, of Elka Park, New York, pled guilty today to conspiring with others to evade taxes on personal income earned from stock sales.
The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”).
Radcliffe, a former Wall Street stockbroker, admitted that from at least 2013 through 2019, he conspired with two family members to receive hundreds of thousands of dollars that went unreported to the IRS, allowing him to defraud the IRS and evade the assessment and payment of taxes on approximately $500,000 in unreported income.
The unreported income originated from capital gains earned in brokerage accounts standing in the names of Crackerjack Classics LLC and Universal Consulting LLC. These companies made payments to Radcliffe, and for his benefit, including the following:
- $128,147 in mortgage payments and interest that the companies paid, from 2014 through 2019, to the bank that held the mortgage on Radcliffe’s house in Elka Park;
- $109,022 that the companies paid to a New Jersey law firm, in 2014, 2015 and 2017, to settle Radcliffe’s unpaid bills; and
- $99,675 that the companies paid, in 2015 and 2016, in checks made out to “Cash” and which Radcliffe negotiated for himself or had others negotiate for his benefit.
Radcliffe further admitted that he did not file a tax return for himself, or otherwise report his income to the IRS, for the tax years 2013 through 2019. He did not maintain any bank or brokerage accounts in his name, and he did not hold or trade any securities in his own name.
Radcliffe faces up to 5 years in prison, and a maximum $250,000 fine, when Chief U.S. District Judge Glenn T. Suddaby sentences him on April 28, 2022. He will also be ordered to pay restitution to the IRS. 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.
Watertown Man Sentenced to 68 Months for Drug Trafficking ConspiracyRead the Press Release
BINGHAMTON, NEW YORK – Kavon Mason, age 33, of Watertown, New York, was sentenced today in federal court in Binghamton to 68 months in prison after previously pleading guilty to distributing and conspiring to distribute illegal drugs in Central New York, announced United States Attorney Carla B. Freedman, Acting Special Agent in Charge, Matthew J. Scarpino, Homeland Security Investigation (HSI), SAC Buffalo, New York, and Inspector in Charge Ketty Larco-Ward, Boston Division, United States Postal Inspection Service (USPIS).
In pleading guilty previously, Mason admitted that between January 2019 and July 2020, he conspired with others to distribute methamphetamine and cocaine in and around Watertown, New York. Mason would travel to Arizona and other locations to purchase the drugs, and he and others would mail the drugs back to central New York using the U.S. Postal Service. The packages were sent to various addresses, often using false names, and Mason and others would retrieve the packages and distribute the drugs.
In addition to his term of imprisonment, Mason was ordered to serve four years of supervised release and to pay a money judgment of $42,000, representing Mason’s proceeds from the drug trafficking conspiracy. He was also sentenced to pay a $5,000.00 fine. The sentence was pronounced by Senior United States District Judge Thomas J. McAvoy.
This case was investigated by U.S. Homeland Security Investigations (HSI) and the United States Postal Inspection Service (USPIS), with Assistance from the Metro-Jefferson Drug Task Force (“Met-Jeff”), and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Schenectady Woman Sentenced for Unlawfully Possessing a Defaced Firearm and Distributing HeroinRead the Press Release
ALBANY, NEW YORK – Nakia Barber, age 46, of Schenectady, New York, was sentenced today to time served (approximately 3 months), followed by 3 years of supervised release, for unlawfully possessing a defaced firearm and possessing with intent to distribute and distributing heroin.
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 & Explosives (ATF).
Barber previously pled guilty to unlawfully possessing a defaced Walther P22 .22 caliber pistol and to possessing and distributing heroin on October 30, 2018. She had been in custody on unrelated New York State charges since September 2020.
This case was investigated by the ATF and the Schenectady County Sheriff’s Office, and was prosecuted by Assistant United States Attorney Alexander P. 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.
Jury Convicts Georgia Man of Entry Under False PretensesRead the Press Release
ALBANY, NEW YORK – Andrew Avila, age 45, of Acworth, Georgia, was convicted today of entry under false pretenses following a four-day jury trial, announced United States Attorney Carla B. Freedman and U.S. Department of Energy Inspector General Teri L. Donaldson.
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.
Sentencing is scheduled for April 4, 2022 in Albany, before United States District Judge Mae A. D’Agostino. On the misdemeanor conviction, Avila faces a term of imprisonment of up to six months and a fine of up to $5,000.
The jury voted to acquit Avila of the felony charge of impersonating a DOE employee.
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.
Whitehall Man Sentenced for Unlawfully Possessing Firearms and AmmunitionRead the Press Release
ALBANY, NEW YORK - Shane Smith, age 24, of Whitehall, New York, was sentenced today to 41 months in prison and three years of supervised release for unlawfully possessing two short-barrel rifles, and unlawfully possessing hundreds of rounds of ammunition while being a felon.
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 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 previously entered guilty plea, Smith admitted that on September 16, 2016, he was convicted in the Northern District of New York of the felony offense of unlawfully possessing a machine gun. He was released from prison in April 2018.
Smith further admitted that on December 15, 2020, U.S. Probation Officers searched his Whitehall residence, and found two rifles whose barrels were each less than 16 inches in length, and hundreds of rounds of ammunition, all of which was illegal for Smith to possess.
This case was investigated by the United States Probation Office for the Northern District of New York, FBI, and ATF, and was prosecuted by Assistant U.S. Attorney Rick Belliss.
Halfmoon Man Sentenced for Firearms and Threats ChargesRead the Press Release
ALBANY, NEW YORK – Romano McCain, age 49, of Halfmoon, New York, was sentenced on Monday to 46 months in prison and three years of post-release supervision for his convictions at trial for possession of a firearm and ammunition by a prohibited person and two counts of interstate transmission of threats to injure.
The announcement was made by United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Chief David Keevern of the North Greenbush Police Department.
The evidence at trial established that in January 2020, McCain and a man had a dispute over the man’s failure to pay $65 for a motorcycle vest. In demanding payment on January 10, 2020, McCain sent the man Facebook messages threatening, “Bro..just have my money....i play with guns..no fighting....and i always have one on me...you on that bs....pay me pay money,” followed by, “i will blow your [expletive] head off.” Later in the month, McCain had a falling out with another man over money McCain owed the man. On January 31, 2020, McCain sent the second man a Facebook message threatening, “I will kill your dauther..bro..i dont know me....we at the strip in morning..be there...me and my girl...with the heat..see you there.” The man had an infant daughter at the time and “heat” is slang for a gun.
The evidence showed that “the Strip” is an area on River Road in North Greenbush, New York, where motorsport enthusiasts rode ATVs, dirt bikes, and motorcycles. On February 23, 2020, McCain went to the Strip with his girlfriend, was in a fistfight, and then retrieved a rifle from his girlfriend’s truck, which he fired in the direction of a crowd of people. Five days later, in the early-morning hours of February 28, 2020, the ATF and other law enforcement agencies executed a search warrant at McCain’s girlfriend’s house in Latham, New York, where McCain had spent the previous night. In searching a box chest at the foot of the bed in the bedroom, agents discovered a loaded .38 special caliber revolver. A box of ammunition for the revolver was discovered under a couch in the living room. In a number of text messages, McCain threatened the use of firearms and referenced his possession of firearms with his girlfriend, including after the shooting on February 23, when he texted: “We got alot [sic] of guns.” At the time he possessed the revolver and ammunition, McCain was subject to a domestic violence restraining order issued by the Albany City Court in June 2019, making his possession of the revolver and ammunition illegal under federal law.
This case was investigated by the ATF, North Greenbush Police Department, and Colonie Police Department, and prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Rachel Williams.
Albany Felon Sentenced for Illegally Possessing FirearmRead the Press Release
ALBANY, NEW YORK – Dewey K. Sims, age 33, of Albany, was sentenced yesterday to 33 months in prison and three years of post-release supervision for unlawfully possessing a loaded .25 caliber 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
As part of his previously entered guilty plea, Sims admitted that on March 7, 2020, he knowingly possessed a loaded .25 caliber pistol when he was pulled over for a speeding violation in the Town of Colonie. A prior felony conviction for armed robbery prevented Sims from legally possessing the firearm.
This case was investigated by the ATF and the Colonie Police Department. This case was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime
Brewerton Man Sentenced for Stealing Government PropertyRead the Press Release
SYRACUSE, NEW YORK – Frederick L. Guth, Jr., age 67, of Brewerton, New York, was sentenced today to three years of probation related to his theft of Social Security retirement benefits.
The announcement was made by United States Attorney Carla B. Freedman and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.
As part of his prior guilty plea, Guth admitted that from November of 2016 until July of 2018, he erroneously received a total of $33,812.00 in Social Security retirement benefits issued under the social security number and name of another person, and that he spent the benefits despite knowing that the benefits were not his and that he was not entitled to them.
In addition to ordering Guth to serve three years’ probation, Senior United States District Judge Thomas J. McAvoy also ordered Guth to pay full restitution to the Social Security Administration (SSA).
This case was investigated by the SSA Office of the Inspector General and was prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Troy Resident Charged with Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – Terence Ratigan, age 39, of Troy, New York, appeared in federal court yesterday on child pornography charges. 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).
A criminal complaint alleges that Ratigan distributed child pornography over the internet. The charge in the criminal complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge against Ratigan carries a mandatory minimum sentence of 5 years and a maximum of 20 years in prison, a post-release term of supervision of between 5 years and life, and a fine of up to $250,000.
Ratigan made his initial appearance yesterday before United States Magistrate Judge Daniel J. Stewart. Ratigan requested to adjourn his detention hearing, set for today, to a later date. Ratigan will remain detained pending future hearings in this matter.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Rotterdam, Troy, and Colonie Police Departments and the New York State Police. The case is being prosecuted by Assistant U.S. Attorney Rachel Williams.
The case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jury Convicts Maryland Man for Membership in Computer Fraud and Identity Theft Ring that Targeted State GovernmentsRead the Press Release
ALBANY, NEW YORK - A jury yesterday voted to convict Guy Cuomo a/k/a “John Monaco,” age 54, of Frederick, Maryland, of computer fraud, misuse of a social security number, aggravated identity theft and related conspiracy charges for his role in a scheme to sell information unlawfully obtained from the New York State Department of Labor and workforce agencies in other states.
The announcement was made by United States Attorney Carla B. Freedman and Jonathan Mellone, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (USDOL-OIG).
United States Attorney Carla B. Freedman stated: “Guy Cuomo and his co-conspirators ran a boiler room for identity theft. They used personal identifying information to trick state workforce agencies into disclosing the last known places of employment for thousands of victims. The defendants then sold this place-of-employment information to debt collectors, generating nearly $1 million in sales. Yesterday’s guilty verdict, on all counts, means Guy Cuomo will be going to prison for his leadership role in this despicable scheme.”
USDOL-OIG Special Agent in Charge Jonathan Mellone stated: “As found by the jury, Guy Cuomo worked in concert with his co-conspirators to systemically create unemployment insurance accounts in multiple state workforce agencies’ computer systems using the social security numbers and other personal identifiers of unknowing victims. Once in those accounts, Cuomo and his co-conspirators stole the protected employment information of the victims and sold that data commercially. Yesterday’s guilty verdict and the preceding guilty pleas secured in this case are a testament to our office’s unwavering commitment to investigate and bring to justice those who compromise the integrity of the unemployment insurance system.”
The evidence at Cuomo’s 5-day trial showed that Cuomo worked for and managed companies owned by Jason “J.R.” Trowbridge in Frederick, Maryland, including Paymerica Corporation. Paymerica researched where purported debtors worked and sold the employer information—called place-of-employment information or “POE”—to debt collectors and companies selling information to debt collectors. In the debt collecting industry, the process is known as “skiptracing.”
To obtain the place-of-employment information, Cuomo and other members of the conspiracy pretended to be the debtors, created thousands of online unemployment insurance applications in the debtors’ names and with the debtors’ personal identifiers, including social security numbers, and completed the applications to the point where each debtor’s last known place of employment appeared. After confirming that the debtors worked for the relevant employers, Paymerica sold the place-of-employment information for approximately $90 per debtor. Over the course of approximately three years, Paymerica made nearly $1 million selling the stolen place-of-employment information.
Cuomo, Trowbridge, and other conspirators took a number of steps to hide their activities from state agencies and law enforcement, including using Virtual Private Networks, or VPNs, to mask the Internet Protocol addresses used to access and fill out the unemployment insurance applications in the debtors’ names. The evidence showed that the scheme involved attempts to obtain place-of-employment information for as many as 200,000 people from all 50 states and that Paymerica sold place-of-employment information for at least 12,000 people from 40 states.
At sentencing on March 16, 2022 before Senior U.S. District Judge Thomas J. McAvoy, Cuomo faces a mandatory 2-year term of imprisonment on the aggravated identity theft charges and up to 20 years in prison on the remaining charges. His co-defendants pled guilty to the following charges and face the following terms of imprisonment when they are sentenced:
Defendant
Charge(s)
Maximum Prison Sentence
Jason “J.R.” Trowbridge a/k/a “Ted Frost,” age 42, of Frederick, Maryland
Conspiracy, misuse of social security number, aggravated identity theft
Agreed-upon sentence of 39 months subject to approval by the Court
Robin Chapin a/k/a “Thomas Price,” age 63, of Frederick, Maryland
Conspiracy to commit computer fraud, accessing a protected computer and obtaining information, aggravated identity theft
Two years for aggravated identity theft, maximum sentence of 10 years on remaining charges
Rebecca Fogle a/k/a “Roxanne Morris” and “Jessica Felton,” age 27, of Woodsboro, Maryland
Conspiracy to commit computer fraud, accessing a protected computer and obtaining information, aggravated identity theft
Two years for aggravated identity theft, maximum sentence of 10 years on remaining charges
Shamair Brison a/k/a “Felicia Carter,” age 36, of Frederick, Maryland
Aggravated identity theft
Two years
Sarah Bromfield a/k/a “Nicole Wagner,” age 41, of Frederick, Maryland
Aggravated identity theft
Two years
Anna Hardy a/k/a “Sarah Thomas,” age 68, of Frederick, Maryland
Aggravated identity theft
Two years
A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by USDOL-OIG, with assistance from the New York State Department of Labor, Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and Cyrus P.W. Rieck. The case was also prosecuted to indictment by Assistant U.S. Attorney Wayne A. Myers.
Cortland County Man Sentenced to 30 Years in Prison for Sexually Exploiting a 3-Year-Old ChildRead the Press Release
SYRACUSE, NEW YORK – Lawrence Berry, age 28, of Marathon, New York was sentenced today by United States District Court Judge David N. Hurd to 30 years’ imprisonment for sexual exploitation of a child. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his previously entered guilty plea, Berry admitted that he conspired with Brittany Berry (who has pled guilty to her role in the offense and is scheduled to be sentenced in December 2021) to sexually exploit a 3-year-old minor child in August and September of 2018 and that he directed Brittany Berry to sexually exploit the child on five different occasions for the purpose of creating and sending images and videos (live and recorded) of the sexual abuse to him over the internet.
In addition to the imprisonment term, Judge Hurd sentenced Berry to 25 years of supervised release to begin after he serves his term of imprisonment. Upon release from prison, Berry also will be required to register as a sex offender in any state where he lives, is employed, or is a student.
This case was investigated by the FBI and the City of Cortland Police Department and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian and Special Assistant U.S. Attorney Adrian LaRochelle as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney's offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Latham Pharmacy Pays Civil Penalty for Improperly Filling Ketamine PrescriptionsRead the Press Release
ALBANY, NEW YORK – Fallon Wellness Pharmacy LLC (“Fallon”), of Latham, New York, has agreed to pay $7,150 to resolve allegations that it improperly filled intranasal ketamine prescriptions that raised “red flags.” Fallon admitted to dispensing ketamine to patients who were being treated by two Albany-area doctors who have since lost their ability to prescribe controlled substances.
The announcement was made by United States Attorney Carla B. Freedman and Acting Special Agent in Charge Keith Kruskall, U.S. Drug Enforcement Administration (DEA), New York Division.
“Fallon Wellness Pharmacy has accepted responsibility for dispensing ketamine prescriptions that never should have been written or filled,” said Carla Freedman, United States Attorney for the Northern District of New York. “Whenever a pharmacy receives a suspicious prescription, it must consult the New York State’s Internet System for Tracking Over-Prescribing (I-STOP) Prescription Monitoring Program (PMP). We will continue to use the Controlled Substances Act to prevent and deter the illegal distribution of controlled substances.”
“A DEA regulatory investigation uncovered suspicious prescriptions associated with Fallon Wellness Pharmacy,” said DEA Acting Special Agent in Charge Keith Kruskall. “Numerous red flags found by investigators indicated that this pharmacy was involved in illegitimate and reckless dispensing. I applaud the investigators and our law enforcement partners on this investigation.”
Ketamine is a Schedule III controlled substance that causes sedative and dissociative effects. It has legitimate medical uses, such as surgical anesthesia, and other “off label” uses, but it is also abused recreationally as a “party drug.”
Beginning in 2018, two Albany-area physicians, Dr. Scott McMahon and Dr. Larry Bruni, began prescribing intranasal ketamine for substance abuse patients to self-administer intranasally. Fallon filled many of these ketamine prescriptions. In 2019, the DEA arrested McMahon for crimes associated with his prescribing practices. Fallon personnel knew of McMahon’s arrest, and were aware that approximately one-third of McMahon’s ketamine patients promptly migrated to Bruni after McMahon’s arrest. These same patients were also suffering from a substance abuse disorder, which would have been apparent to Fallon personnel, had they checked the PMP data. Fallon continued filling the ketamine prescriptions written by Bruni until December 2020, when the United States Attorney’s Office made an inquiry.
This settlement resolves allegations that by continuing to fill the ketamine prescriptions after McMahon’s arrest, and not checking the PMP, Fallon ignored “red flags” and failed to comply with its corresponding duty under 21 C.F.R. § 1306.04, to fill only prescriptions that are written for a legitimate medical purpose within the usual course of a professional practice.
Both McMahon and Bruni admitted to writing intranasal ketamine prescriptions that lacked a legitimate medical purpose and were outside the usual course of professional medical practice. McMahon was also sentenced to 38 months in prison for unlawful drug distribution and aggravated identity theft.
This case was investigated by the DEA Albany District Office Diversion Group. Assistant United States Attorney Christopher R. Moran represented the United States in this matter.
Maine Resident Pleads Guilty to Receiving Child Pornography and Attempting to Entice a Minor to Engage in Sexual ActivityRead the Press Release
ALBANY, NEW YORK – Jay Scott Cloutier, age 58, of Lyman, Maine, pled guilty yesterday to attempting to coerce and entice a minor to engage in sexual acts with him and to receiving 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, Cloutier admitted that, between April 2019 and September 2019, he exchanged sexually explicit text messages with an undercover officer posing as a 14-year-old child, in an attempt to entice the child into engaging in sexual acts with him. On September 20, 2019, he traveled from Maine to a prearranged meeting location in Colonie, New York, with the intent to engage in sexual acts with the 14-year-old child. Cloutier also admitted to having solicited and received a sexually explicit image of a 17-year-old child in November 2019 and a sexually explicit image of a 15-year-old child in February 2018.
Cloutier faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Senior United States District Judge Thomas J. McAvoy will sentence him on March 15, 2022.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies. This case is being prosecuted by Assistant United States 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.
Madison County Man Sentenced for Sex Offender Registration ViolationRead the Press Release
SYRACUSE, NEW YORK – Gregory Malecki, age 49, of Bridgeport, New York, was sentenced yesterday to time served (6 months) and 25 years of supervised release for failing to register an email address with the New York State Sex Offender Registry, as required by law.
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.
As part of his previously entered guilty plea, Malecki admitted that in 2009 he was convicted in the United States District Court for the Northern District of New York of Attempted Coercion and Enticement of a Minor, for which he served a sentence of 10 years in federal prison. That conviction requires Malecki to register as a sex offender and to keep his registration current with personal identifying information, including internet and email accounts. Malecki admitted that although he maintained registration as a sex offender in the State of New York, for nearly two years he intentionally failed to register an email account that he created despite knowing he has a continuing obligation under the law to do so.
In addition to the term of imprisonment for failing to update his sex offender registration, Malecki was sentenced to a concurrent term of time served (202 days) for violating the conditions of his supervised release, including committing new criminal conduct, possessing sexually explicit images, failing to truthfully provide required information on his monthly probation reports, and possessing an undisclosed internet capable device.
This case was investigated by the United States Marshals Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York and was prosecuted by Assistant United States Attorney Lisa M. Fletcher.
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/.
Justice Department Announces $139 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
WASHINGTON – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS) Hiring Program. The awards provide direct funding to 183 law enforcement agencies across the country, allowing those agencies to hire 1,066 additional full-time law enforcement professionals.
In the Northern District of New York, the City of Schenectady was awarded $125,000, and St. Lawrence County was awarded $125,000.
“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”
“We are proud that two of our law enforcement partners, in the City of Schenectady and in St. Lawrence County, received substantial awards that will allow them to devote more resources to proactive, community policing,” said United States Attorney Carla B. Freedman. “The COPS Hiring Program exemplifies our commitment to invest in prevention and intervention programs in our communities, as we simultaneously work to investigate and prosecute the most significant bad actors in our cities and counties.”
The COPS Hiring Program (CHP) is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based response to persons in crisis. The complete list of awards can be found here.
Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In fiscal year 2021, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For fiscal year 2022, President Biden has requested $537 million for CHP, an increase of $300 million.
To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.
Former Syracuse-Based Social Security Administration Employee Pleads Guilty to Theft of Government Property and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – Sean Okrzesik, age 34, of Syracuse, pled guilty today to charges of theft of government property and aggravated identity theft.
The announcement was made by United States Attorney Carla B. Freedman and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.
The charges relate to Okrzesik’s use of the names and Social Security numbers of Supplemental Security Income (SSI) beneficiaries or their representative payees in order to steal SSI benefit payments. Okrzesik’s conduct occurred while he was employed in the Syracuse District Office of the Social Security Administration (SSA). SSI is a federal income supplement program funded by general tax revenue. The program is designed to help the elderly and people with disabilities, with little or no income, cover the costs of basic needs.
As part of his guilty plea, Okrzesik admitted that from February 2020 through February 2021, he opened bank accounts using the names and Social Security numbers of various SSI beneficiaries or their representative payees. Okrzesik also admitted that once these accounts had been created, he would divert SSI benefit payments intended for these beneficiaries into the accounts, which he then used to pay personal expenses including the purchase of video gaming equipment, a custom suit, jewelry, airline tickets to the Caribbean, and online gambling. The total amount of SSI benefits stolen by Okrzesik was $103,798.77.
Sentencing is scheduled for March 16, 2022, in Utica, before United States District Judge David N. Hurd. On the two counts of theft of government property, Okrzesik faces a maximum term of imprisonment of 10 years, a fine of up to $250,000, and a term of supervised of up to 3 years. On the aggravated identity theft count, Okrzesik faces a mandatory term of two years in federal prison which must run consecutively to the sentence imposed on the other counts of conviction.
A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Former Postal Employee Pleads Guilty to Mail Theft in Washington CountyRead the Press Release
ALBANY, NEW YORK – Colleen McAvoy, age 54, of Shushan, New York, pled guilty today to stealing cash, gift cards and other valuable items from mailed packages while employed as a letter carrier.
The announcement was made by United States Attorney Carla B. Freedman and Matthew Modafferi, Special Agent in Charge of the Northeast Area for the United States Postal Service (USPS), Office of the Inspector General (OIG).
From August 2018 to October 2020, McAvoy was a part-time letter carrier for the USPS in Washington County, New York, based at the Cambridge Post Office. In pleading guilty, she admitted to opening mailed packages in order to steal U.S. currency, gift cards and lottery tickets contained inside of those packages. She admitted to stealing items worth a total of approximately $4,889.25.
McAvoy, who pled guilty to mail theft, faces up to 5 years in prison when Senior United States District Judge Lawrence E. Kahn sentences her on March 16, 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. McAvoy has also agreed to pay restitution.
This case was investigated by the USPS, Office of the Inspector General, with assistance from the Village of Cambridge (N.Y.) Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Bronx Man Charged with Trespassing at Albany International AirportRead the Press Release
ALBANY, NEW YORK – Stan Johnson, age 23, of the Bronx, New York, was arraigned today on an indictment charging him with unlawfully breaching a perimeter fence, entering an unoccupied aircraft, and entering the terminal at the Albany International Airport on May 24, 2021.
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 filed against Johnson carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. 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.
Johnson was arraigned today in Albany, before United States Magistrate Judge Daniel J. Stewart, and ordered detained pending trial.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by FBI’s Joint Terrorism Task Force (JTTF), the Albany County Sheriff’s Office, and the Transportation Security Administration (TSA), and is being prosecuted by Assistant U.S. Attorney Alexander Wentworth-Ping.
Utah Man Charged with Murder-for-Hire SchemeRead the Press Release
ALBANY, NEW YORK – Christopher Pence, age 41, of Cedar City, Utah, was indicted last week for using the Internet to solicit and pay for the murders of two individuals in Rensselaer County.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the indictment and a previously filed criminal complaint, between July 16 and August 9, 2021, Pence used a computer at his residence in Utah to connect to a darknet website that offered the services of “hitmen,” and paid approximately $16,000 in Bitcoin for the murder of two individuals residing in Rensselaer County. The intended victims were not harmed.
The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Pence carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. 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.
Pence was arrested in Utah on October 27. A magistrate judge in Utah ordered him detained and transferred in custody to the Northern District of New York. His arraignment in Albany federal court will take place at a later date.
This case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
Tioga County Man Charged with Supplemental Security Income Fraud and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – An individual indicted under the name John Doe, age unknown, of Owego, New York, was arrested on Wednesday on charges of Supplemental Security Income (SSI) fraud and aggravated identity theft. The charges relate to Doe’s use of the name, Social Security number, and date of birth of another person to apply for and obtain SSI benefits to which he was not entitled, beginning in 1999 and continuing through the present. Doe’s true identity has yet to be confirmed.
The announcement was made by United States Attorney Carla B. Freedman and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.
Doe was arraigned on the indictment in United States District Court in Syracuse, New York and was ordered detained pending trial to be scheduled at a later date.
If convicted of SSI fraud, Doe faces a maximum term of imprisonment of five years, a fine of up to $250,000, and a term of supervised of up to three years. If convicted of aggravated identity theft, Doe faces a mandatory minimum sentence of two years in federal prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Social Security Administration Office of the Inspector General, the Tioga County Sheriff’s Office, and the Tioga County Department of Social Services and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Saratoga Springs Man Sentenced for Misusing a Social Security Number to Obtain Unemployment Insurance BenefitsRead the Press Release
ALBANY, NEW YORK - Markhwan Berning, age 37, of Saratoga Springs, New York, was sentenced today to a year of probation for misusing a social security number.
The announcement was made by United States Attorney Carla B. Freedman and Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG).
As part of his previously entered guilty plea, Berning admitted that between May and July 2020, he obtained unemployment insurance benefits, including federal pandemic-related benefits, by falsely presenting to the New York State Department of Labor a fake social security number as his own.
Senior United States District Judge Lawrence A. Kahn also ordered Berning to pay a $2,000 fine and $16,383 in restitution to New York State.
This case was investigated by DOL-OIG, with assistance from the Federal Bureau of Investigation and the New York State Department of Labor, Office of Special Investigations, and was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
Rome Business Owners Found Guilty of Tax CrimesRead the Press Release
SYRACUSE, NEW YORK - A federal trial jury in Utica convicted a Rome, New York couple and their son today for conspiring to defraud the United States and for tax evasion, announced United States Attorney Carla B. Freedman, Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division, New York Field Office.
According to evidence presented at trial and court documents, John Zourdos, his wife Helen Zourdos, and their son Dimitrios Zourdos, all of Rome, New York, operated the three Dipping Donuts stores with locations in Rome and New Hartford. From 2013 to 2017, the defendants concealed more than $2.8 million in cash sales from the IRS, and evaded more than $650,000 in individual taxes, by depositing cash directly into their personal bank accounts instead of business bank accounts, providing incomplete information to their accountant, and causing their accountant to file false individual and corporate tax returns with the IRS. The defendants also used unreported cash sales to fund a lavish lifestyle that included, among other things, the purchase of multiple luxury vehicles. Evidence at trial further showed that the defendants paid some employees “off the books” cash wages for overtime hours. They paid other employees entirely “off the books” in cash for all hours worked.
John, Helen, and Dimitrios Zourdos were each convicted of one count conspiracy to defraud the United States, seven counts of tax evasion, and seven counts of aiding and assisting in the filing of false corporate tax returns. Sentencing hearings for all three defendants will be scheduled at a later date. All face a maximum penalty of up to five years in prison on each count of conspiracy and tax evasion, and three years in prison on each count of assisting the filing of false tax returns, fines of up to $250,000.00 or twice the pecuniary gain, and a three (3) year term of supervised release to follow any incarceration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The IRS Criminal Investigation Division investigated the case.
Assistant Chief John N. Kane of the Justice Department’s Tax Division and Assistant U.S. Attorney Michael F. Perry of the U.S. Attorney’s Office are prosecuting the case.
Former GE Engineer Sentenced to 24 Months for Conspiring to Steal Trade SecretsRead the Press Release
ALBANY, NEW YORK – Jean Patrice Delia, age 46, of Montreal, Canada, was sentenced today to 24 months in prison for conspiring to steal trade secrets from the General Electric Company (GE).
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 entered on December 10, 2019, Delia admitted that he conspired with his business partner and co-defendant, Miguel Sernas, to compete against GE using trade secrets Delia stole from GE while employed by GE in Schenectady, New York. Delia admitted that he and Sernas, operating as ThermoGen Power Services, used the stolen trade secrets, as well as stolen marketing data, pricing information, and other confidential GE documents, to compete against GE around the world.
Delia, who was employed by GE as an engineer from 2001 through 2012, admitted to conspiring with Sernas from 2008 through 2019.
United States District Judge Mae A. D’Agostino also ordered Delia to pay $1.4 million in restitution. Judge D’Agostino also ordered Delia to jail, denying his request for a date on which to self-report to prison.
Sernas, a citizen and resident of Mexico, was sentenced on December 10, 2019 to time served (approximately 12 months in jail) and ordered to pay $1.4 million in restitution.
This case was investigated by the FBI, and was prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Michael Barnett.
Rome Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK - Michael Mayhew, age 56, of Rome, New York, pled guilty today to one count of receipt of child pornography and three counts of possession of child pornography.
The announcement was made by United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police (NYSP) Superintendent Kevin P. Bruen.
Mayhew, who remains detained pending his sentencing scheduled for March 9, 2022, before Chief United States District Judge Glenn T. Suddaby in Syracuse, New York, faces at least 5 years and up to 20 years in prison, and 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. Mayhew will also be required to register as a sex offender.
As part of his guilty plea, Mayhew admitted that in December of 2018 he took photographs of a 6 year old child naked in his bathroom using his cellular telephone, including images that captured the child’s genitals. He also admitted that in 1993 and 1994 he secretly video recorded 3 children under the age of 12 in his home, again capturing videos of them naked and in two instances with their genitals visible He further admitted that from 2010 to 2015 he downloaded numerous graphic video files of minors engaged in sexually explicit conduct from the internet. Finally, Mayhew admitted that in March of 2019 he possessed 184 images of child pornography on an electronic storage device in his home as well as the videos he took in 1993 and 1994 on two separate VHS tapes.
This case is being investigated by the Federal Bureau of Investigation (FBI), Oneida County Sherriff’s Office, Rome Police Department, Oneida County District Attorney’s Office, Oneida County Child Advocacy Center, New York State Police, United States Air Force Office of Special Investigations and 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). 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.
Rensselaer County Man Charged with Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Derek Luch, age 49, of Troy, New York, appeared in federal court today on charges that he received and possessed 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).
A criminal complaint alleges that on or about November 4, 2021, Luch possessed more than 100 images of child pornography, including images of pre-pubescent minors from the ages of 8 to 12 years old. Luch is also charged with using an internet-based peer-to-peer network to download and receive child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Luch initially appeared today before United States Magistrate Judge Daniel J. Stewart. He waived his right to a detention hearing, and will remain detained pending trial.
If convicted, Luch faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Luch would also be required to register as a sex offender.
This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators. The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Syracuse Man Sentenced for Role in Drug ConspiracyRead the Press Release
SYRACUSE, NEW YORK - Luis Carrasquillo, age 34, of Syracuse was sentenced today to serve 71 months in federal prison for his membership in a conspiracy to distribute controlled substances, and his previous guilty plea to distribution of a mixture of heroin and fentanyl, as well as cocaine, 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), Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), and Chief Kenton Buckner, City of Syracuse Police Department.
As part of his previous guilty plea, Carrasquillo admitted that he conspired with Waldemar Colon and Isidro De Los Santos to sell heroin mixed with fentanyl, and cocaine from De los Santos’s apartment on Gifford Street in Syracuse as part of a conspiracy that existed from December 2018 through January 31, 2019. Carrasquillo also pled guilty to aiding and abetting the sale of a mixture of heroin and fentanyl, as well as a separate quantity of cocaine on December 6, 2018.
On January 31, 2019, ATF Special Agents assisted by DEA and the Syracuse Police Department-Intelligence Unit executed a federal search warrant at Isidro De Los Santos’s residence and recovered over twenty-one ounces (608 grams) of heroin mixed with fentanyl in two packages. A federal search warrant executed at the adjacent apartment of another involved defendant, Anthony Moreno, on the same day resulted in the seizure of over 18 ounces (521grams) of cocaine.
Carrasquillo was also ordered to serve a 3-year term of supervised release following his prison sentence.
Isidro De Los Santos pled guilty to conspiracy to possess with intent to distribute controlled substances, and distribution of controlled substances, and was sentenced on November 13, 2020 to serve a sentence of nine years (108 months) in prison, and a 5-year term of supervised release.
Anthony Moreno pled guilty to conspiracy to possess with intent to distribute controlled substances, and on November 17, 2020 was sentenced on to serve 51 months in prison, followed by a 5-year term of supervised release.
Waldemar Colon pled guilty to conspiracy to possess with intent to distribute controlled substances, and distribution of controlled substances, and is awaiting sentencing.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Intelligence Section, and the United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
Syracuse Man Sentenced for Drug SalesRead the Press Release
SYRACUSE, NEW YORK – Wilfredo Fuentes, age 36, of Syracuse was sentenced today to serve 96-months in federal prison for distributing heroin, fentanyl, and cocaine in Syracuse, 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), Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), and Chief Kenton Buckner, City of Syracuse Police Department.
Fuentes was also sentenced to a 3-year term of supervised release following his prison sentence, and to ordered to forfeit $3,400.00 in drug proceeds.
As part of his previous guilty plea, Fuentes admitted that he sold heroin, fentanyl, and cocaine on two occasions during an ATF/SPD undercover enforcement operation in Syracuse. Fuentes was previously convicted of two New York State felony drug crimes.
This case was investigated by United State Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Intelligence Section, and the United States Drug Enforcement Administration (DEA), with assistance from the New York State Department of Corrections and Community Supervision (DOCCS-Parole) and was prosecuted by Assistant U.S. Attorney Richard Southwick.
Troy Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
ALBANY, NEW YORK – Sherrod Johnson, aka “Rod,” age 28, of Troy, New York, pled guilty today to possessing heroin with intent to distribute it on two 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 Special Agent in Charge Ray Donovan, 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.
At sentencing, Johnson faces at least 5 years and up to life in prison, a term of post-release supervision of between 3 years and life, and a fine of up to $1.25 million.
The case was investigated by the ATF, DEA, and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Mechanicville Man Pleads Guilty to Aggravated Sexual AbuseRead the Press Release
ALBANY, NEW YORK – Gary Ryan, age 50, of Mechanicville, New York, pled guilty today to aggravated sexual abuse and transportation of minors to engage in sexual activity. 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 Colonie Police Department Chief Michael Woods.
As part of his guilty plea, Ryan admitted that in April or May 2003, he took Victim 1, a then 5-year-old child, with him to Florida. While in Florida, Ryan masturbated Victim 1’s penis, performed oral sex on Victim 1, and anally raped Victim 1. In 2004, Ryan took then 6-year-old Victim 1 to Massachusetts and Nevada. During both trips, Ryan anally penetrated Victim 1. Ryan also admitted to providing Victim 1 with drugs and alcohol.
Ryan admitted that in 2007, he took Victim 2, then 14 years old, to Florida. There, Ryan rubbed Victim 2’s penis. That same year, Ryan also took Victim 2 to Massachusetts where he showed Victim 2 pornography and rubbed Victim 2’s penis.
Between 1998 and 1999, Ryan took Victim 3, then 14 or 15 years old, to Massachusetts with other teenagers. Ryan provided Victim 3 with alcohol. While Victim 3 was asleep, Ryan rubbed Victim 3’s penis to try to arouse him and shaved Victim 3’s genitals. Ryan instructed another teenager to videotape it.
In his plea agreement, Ryan agreed to be sentenced to 30 years in prison. United States District Judge Mae A. D’Agostino will sentence him on March 1, 2022.
This case was investigated by the FBI and its Child Exploitation Task Force, the Colonie Police Department, the Saratoga County Sheriff’s Department, and the New York State Police. This case is being prosecuted by Assistant United States Attorney Katherine Kopita 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.
Broome County Man Sentenced to 11 Years for Attempted Enticement and Coercion of a MinorRead the Press Release
SYRACUSE, NEW YORK – Richard C. O’Hara, 32, of Broome County was sentenced today to serve 11 years’ imprisonment for attempting to arrange a sexual encounter 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.
As part of his previously entered guilty plea, O’Hara admitted that in July and August 2020 he exchanged multiple sexually explicit messages online with an undercover officer posing a 10-year-old girl, in an attempt to entice the child into having sex with him. O’Hara also admitted that on August 5, 2020 he traveled to a house where he believed the child lived, intending to engage in sex acts with her that day.
Senior United States District Judge Thomas J. McAvoy also sentenced O’Hara to a 15-year term of supervised release to begin after he serves his term of imprisonment. O’Hara also will be required to register as a sex offender upon his release from prison.
This case was investigated by Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian 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). 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 Man Sentenced to 70 Months for Drug, Money Laundering and Firearms ChargesRead the Press Release
SYRACUSE, NEW YORK – John Wright, age 33, of Syracuse, was sentenced today to serve 70 months in prison for conspiracy to distribute, and possess with intent to distribute marijuana, as well as conspiracy to commit money laundering of drug proceeds, possession of marijuana with the intent to distribute, possession of firearms by a convicted felon, and possessing firearms in connection with a drug trafficking crime announced United States Attorney Carla B. Freedman, Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and Gregory S. Oakes, Oswego County District Attorney.
As part of his previous guilty plea, Wright admitted that between May 2017 and August 2017, he received bulk quantities of marijuana from a source of supply who imported marijuana via the Akwesasne Mohawk Reservation in Northern New York State. Wright sold marijuana he received to customers in Syracuse, and sent the proceeds back to his source of supply. As part of his guilty plea, Wright admitted that he distributed at least 54 kilograms (119 pounds) of marijuana. Wright further admitted that he possessed a handgun and a loaded shotgun in his home to protect his drugs and the proceeds from drug sales. In 2008, Wright was convicted in Onondaga County Court of Criminal Possession of a Weapon in the Third Degree, and was prohibited from possessing firearms at the time of his commission of his federal crimes.
In addition to his term of imprisonment, Wright was also sentenced to 3 years of supervised release and ordered to pay a money judgment in the amount of $204,581.00 representing proceeds derived from marijuana distribution.
This case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), the Syracuse Police Department, and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department, and Agents of the U.S. Border Patrol. The case was prosecuted by Assistant United States Attorney Thomas Sutcliffe.
Newark Man Pleads Guilty to Attempted Online Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Tristan Warner, age 48, of Newark, New Jersey, pled guilty today to attempted online enticement of a minor, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Warner admitted that from about October 2020 to January 15, 2021, he exchanged electronic messages, via text and through a social networking platform, with an undercover officer he believed was the mother of an 11-year-old girl. In those messages, Warner expressed an interest in meeting the minor girl and in engaging in sexual acts with her. He also communicated by phone with someone he believed to be the girl’s mother. On January 15, 2021, Warner drove from Newark to a pre-determined location in Watervliet, New York, to meet and engage in sexual acts with the minor. He brought with him condoms, stuffed animals and two small vibrators/sexual toys to give to the girl as gifts. Warner was then encountered by law enforcement and arrested.
As a result of his conviction, Warner faces a mandatory term of imprisonment of 10 years and a maximum term of imprisonment of life, a maximum fine of $250,000, and a term of supervised release of between 5 years and life. He will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Sentencing is scheduled for March 1, 2022 before United States District Judge Mae A. D’Agostino.
This case was investigated by the FBI, New York State Police, Colonie Police Department, and Watervliet Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
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.
Massachusetts Resident Pleads Guilty to Attempted Enticement and Coercion of a MinorRead the Press Release
ALBANY, NEW YORK – Bryan Krynicki, age 58, of Pittsfield, Massachusetts, pled guilty today to attempting to coerce and entice a minor to engage in sexual acts with him. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Krynicki admitted that, between February and April 2020, he exchanged over 1,000 sexually explicit messages online with an undercover officer posing as a 14-year-old child in an attempt to entice the child into engaging in sexual acts with him. Krynicki also admitted that, on April 29, 2020, he traveled from Massachusetts to a prearranged meeting location in Rensselaer County, New York, with the intent to engage in sexual acts with the 14-year-old child that day.
In his plea agreement, Krynicki agreed to be sentenced to 120 months in prison. United States District Judge Mae A. D’Agostino will sentence him on March 2, 2022.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies. This case is being prosecuted by Assistant United States Attorney Rachel L. Williams as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Manlius Man Sentenced to 15 Years for Distributing and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Chester Hammond, age 45, of Manlius, New York, was sentenced today to serve 15 years in federal prison for distributing and possessing child pornography, announced United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police (NYSP) Superintendent Kevin P. Bruen.
As part of his previous guilty plea, Hammond admitted that while using a social media messaging application he sent an image depicting two children engaging in sexually explicit conduct to another individual over the internet. A subsequent search of Hammond’s cellular telephone revealed that he was in possession of over 400 images of child pornography. Hammond is a registered sex offender who was convicted in Oswego County in 1996 of Attempted Sexual Abuse in the First Degree.
Senior United States District Judge Thomas J. McAvoy also imposed a 25-year term of supervised release, which will start after Hammond is released from prison, and ordered Hammond to pay a $200 special assessment and restitution in the amount of $12,000. Hammond will also be required to continue to register as a sex offender.
Hammond’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 Onondaga County District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Canton Man Sentenced to 25 Years for Sexually Exploiting a Child and Distributing and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Jacob Leonard, age 31, of Canton, New York, was sentenced yesterday to serve 25 years in federal prison for sexually exploiting a child and distributing and possessing child pornography, announced United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police (NYSP) Superintendent Kevin P. Bruen.
As part of his previous guilty plea, Leonard admitted that he sexually exploited a minor child and focused the camera of his cellular telephone on the victim’s vaginal area for the purpose of producing a visual depiction of the victim’s genitals. A week later Leonard sent that digital picture to another individual using a social media messaging application over the internet. A subsequent search of Leonard’s cellular telephone revealed that he was also in possession of 33 images and 18 video files depicting child pornography including videos depicting the sexual abuse of infants.
Chief United States District Judge Glenn T. Suddaby also imposed a 25 year term of supervised release, which will start after Leonard is released from prison, and ordered Leonard to pay a $300 special assessment. Leonard will also be required to register as a sex offender.
Leonard’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) and Computer Crimes Unit (CCU). The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Ulster County Man Sentenced to 210 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Nicholas Rockwell, age 27, of Hurley, New York, was sentenced today to serve 210 months in prison for distributing, receiving and possessing child pornography.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI)
As part of his previously entered guilty plea, Rockwell admitted that on October 11, 2019, he used a social media messaging application to send and receive numerous child pornography videos to another man over the Internet. Rockwell also admitted that at the time of his federal arrest on December 19, 2019, he possessed on his iPhone, and in two cloud-based storage accounts, approximately 2,000 images and videos depicting the sexual exploitation of children.
In additional to the term of imprisonment, Chief United States District Judge Glenn T. Suddaby imposed a 20-year term of supervised release, which will follow the term of incarceration, and ordered Rockwell to pay a total of $18,000 in restitution to six victims. Rockwell will also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal 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
Troy Men Sentenced to Lengthy Prison Terms for Trafficking Kilograms of HeroinRead the Press Release
ALBANY, NEW YORK – Two men were sentenced today for conspiring to distribute kilograms of heroin that they acquired in New York City and sold on the streets of Troy, New York.
The announcement was made by United States Attorney Carla B. Freedman; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Rensselaer County Sheriff Pat Russo.
Mario Figueroa-Portalatin, age 41, of Troy, was sentenced to 151 months in prison, to be followed by 5 years of supervised release. Chief United States District Judge Glenn T. Suddaby also ordered him to forfeit $34,001 in drug trafficking proceedings and a Hi-Point model JHP .45 caliber pistol.
In pleading guilty, Figueroa-Portalatin admitted that for two years ending in March 2020, he sold at least 10 kilograms of heroin, which he acquired from a source of supply in New York City. From March 2018 to March 2020, he and co-conspirators traveled to New York City once a month, on average, and each time purchased between 500 grams and 1 kilogram of heroin that they brought back to Troy, packaged, and sold.
On March 30, 2020, Figueroa was the subject of a traffic stop in Troy. Police officers seized a black canvas bag, on the front passenger floorboard of his vehicle, that contained approximately 200 grams of heroin that Figueroa intended to sell that day to a customer.
Carlos Leon Rivera, age 63, of Troy, was sentenced to 87 months in prison, to be followed by 3 years of supervised release. Chief Judge Suddaby also ordered him to forfeit $7,150 in drug proceeds, a Ruger model EC9S, 9mm handgun, and a Glock 30 .45 caliber handgun.
In pleading guilty, Leon admitted to working with Figueroa to sell heroin in and around Troy, from January 2019 to March 2020. Leon admitted to regularly traveling to New York City,ere he would acquire at least 500 grams of heroin at a time from Figueroa’s source of supply. Leon also admitted that when DEA and other law enforcement searched his apartment on March 30, 2020, he possessed approximately 31 grams of heroin, 23.7 grams of fentanyl (in tablet form), and 60 grams of cocaine.
A third co-conspirator, Jose Leon Roldan, age 42, of Troy, pled guilty and is scheduled to be sentenced on December 8, 2021.This case was investigated by the DEA and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
New York City Man Sentenced to 48 Months for Bank Fraud and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – Jason Safford, age 46, of Queens, New York, was sentenced today to 48 months in prison after previously pleading guilty to bank fraud, attempted wire fraud, and aggravated identity theft, 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).
In addition to his sentence of imprisonment, Safford was ordered to serve a 3-year term of supervised release following his release from incarceration and to pay restitution to his victims in the total amount of $1,322,295.
Safford, who holds himself out as a Wealth Architect, Investor, and Executive Coach, admitted in pleading guilty previously that he applied for a mortgage refinance loan in October 2016 on behalf of Safflyn Green Industries, Inc., a company in which he had an ownership interest. In support of that loan application, Safford submitted false bank statements, false deposit verification documentation, and a false appraisal for the property at issue, which is located at 350 Galina Lane in Mohawk, New York, and is commonly referred to as the “Gelston Estate.” RS Lending, a financial institution then operating in San Francisco, approved the loan application and funded it for more than $1.3 million in December 2016. The loan is now in default status, and nearly $1.2 million remains outstanding.
Safford also admitted in his guilty plea that in 2018 he applied for a $2 million mortgage refinance loan for the Gelston Estate through an upstate New York brokerage firm. Once again, Safford created and submitted false bank statements and a falsified appraisal in support of this loan application. When questioned about the appraisal by the brokerage firm about the appraisal, Safford obtained a letter from a licensed appraiser confirming that the appraiser had appraised property located at 980 Robinson Road in Mohawk, New York—which is next to the Gelston Estate—for $325,000 on September 16, 2014. Safford modified and forged this letter to say, falsely, that the appraiser had appraised the property located at 350 Galina Lane on January 31, 2018, for $2,448,500.00, and Safford sent the falsified letter to the brokerage firm, along with modified and falsified copies of the appraiser’s license and professional liability coverage information. This loan was never funded.
Finally, Safford admitted that he assisted in obtaining investments from multiple investors to develop the Gelston Estate and 980 Robinson Road properties and that the investors’ money was not all used to develop the properties. The restitution Safford was ordered to pay will go to four individual investors and to the company that purchased RS Lending when it went out of business.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael F. Perry.
Miami Man Pleads Guilty in Connection with Nationwide Gas Station Skimming SchemeRead the Press Release
ALBANY, NEW YORK – Joan Jesus Manso Dieguez, age 35, of Miami, Florida, pled guilty today to a superseding indictment charging him with taking part in an access device fraud conspiracy and a related money laundering conspiracy.
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 Inspector in Charge Ketty Larco Ward, Boston Division, United States Postal Inspection Service (USPIS).
The conspiracies involved a nationwide gas station skimming scheme in which the members of the access device fraud conspiracy stole banking and personal information of gas station customers in and around the Northern District of New York, as well as multiple other parts of the country, who used the “pay at the pump” feature to make gasoline purchases. Gift cards, money orders, and cash obtained using the stolen card information were then laundered by the members of the money laundering conspiracy.
As part of his guilty plea, Dieguez admitted to conspiring with others to commit access device fraud, between December 2015 and July 2019, by building skimming devices designed to steal gas station customer information, installing those devices inside gas pumps in Albany, Broome and Montgomery Counties, and elsewhere, and then using the information collected by those devices to create fake credit and debit cards; the fake cards were then used to obtain money orders, gift, cards, cash, and other things of value.
Dieguez also admitted to being part of a conspiracy to launder funds obtained through the access device fraud conspiracy. In facilitating that conspiracy, Dieguez caused the deposit of at least $505,739 into bank accounts he controlled. Dieguez further admitted to withdrawing $473,754 in cash from those same banking accounts, and to selling gift cards worth $1,731,169. The gift cards had been purchased using information stolen from approximately 2,900 cardholders. As part of his plea agreement, Dieguez agreed to be subject to a forfeiture money judgment in the amount of $1,421,200.
Dieguez is the last of eight arrested defendants to plead guilty for their roles in this scheme. Four other defendants have been charged but remain fugitives.
A sentencing hearing is set to take place on March 1, 2022, before Senior United States District Judge Gary L. Sharpe. Dieguez faces up to 20 years in prison; a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater; and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami, Pittsburgh, and San Juan, the USPIS Miami Division, the United States Secret Service Miami Field Office, as well as the New York State Department of Agriculture, Division of Weights and Measures and the New York State Cyber Command Center. The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.
Maine Tax Preparer Charged with Defrauding ClientsRead the Press Release
ALBANY, NEW YORK – Sean O’Hare, age 53, of South Portland, Maine, was arraigned today on an indictment accusing him of committing wire fraud.
The announcement was made by United States Attorney Carla B. Freedman and Inspector in Charge Ketty Larco-Ward, Boston Division, United States Postal Inspection Service (USPIS).
The indictment alleges that O’Hare, a tax preparer and accountant, defrauded his clients by submitting false and fraudulent sales tax returns to the New York State Department of Taxation and Finance, and diverting client funds for his own use. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
A grand jury returned the indictment on September 16, 2021. O’Hare was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel and released pending trial.
If convicted, O’Hare faces up to 20 years in prison, a fine of up to $250,000, and a term of supervised release up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the U.S. Postal Inspection Service, with assistance from the New York State Department of Taxation and Finance, and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.