Northern District of New York

BINGHAMTON, NEW YORK – Makahi Daevon Bryant, 20, of Brooklyn, New York was sentenced yesterday to three years of probation for his role in an unemployment insurance fraud scheme, announced United States Attorney Carla B. Freedman; Matthew Scarpino, Acting Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office; and Jonathan Mellone, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (USDOL-OIG).

As part of his previously entered guilty plea to one count of access device fraud, Bryant admitted he obtained debit cards containing unemployment insurance benefits issued by the State of California in the names of other people. During September and October 2020, while a student at the State University of New York at Delhi (SUNY Delhi), Bryant effected over $13,000 in transactions using two debit cards to obtain cash, goods, and services. Bryant was not authorized to use the debit cards by the people whose names and other personal information were used to apply for the unemployment insurance benefits, or by the State of California.

Senior United States District Judge Thomas J. McAvoy also ordered Bryant to perform 60 hours of community service, pay restitution to the State of California, and forfeit assets.

This case was investigated by Homeland Security Investigations (HSI) and the United States Department of Labor, Office of Inspector General (USDOL-OIG), with assistance from the New York State University Police at Delhi, and prosecuted by Assistant U.S. Attorney John T. Chisholm.

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

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

ALBANY, NEW YORK – Rodolfo Bogado, age 38, of Schenectady, New York, was arrested today for possessing video and image files containing child pornography, announced United States Attorney Carla B. Freedman and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

The charge filed against Bogado carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Additionally, if convicted, Bogado would be required to register as a sex offender.

Bogado had an initial appearance today in Albany, before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending further proceedings.

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

This case is being investigated by HSI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers as part of Project Safe Childhood.

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

ALBANY, NEW YORK – Khyri Oliver, age 32, of Utica, New York, pled guilty today to possession of a firearm by 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).

In pleading guilty, Oliver admitted to possessing and firing a semi-automatic rifle at a gun range in Troy, New York, in July 2020.  Oliver was convicted of three felonies prior to possessing the rifle, including attempted robbery.

At sentencing, Oliver faces up to 10 years in prison, a 3-year term of post-release supervision, and a fine of up to $250,000.  

This case was investigated by the ATF and is being prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Cyrus P.W. Rieck. 

SYRACUSE, NEW YORK – Randell Adsit, age 51, of Martinsburg, New York, was sentenced today to 180 months in prison for distributing 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, Adsit, who has a prior New York State conviction for possessing a sexual performance by a child, admitted that he distributed child pornography using a social media application from approximately February 2020 through September 2020. Adsit also admitted that on November 11, 2020, he possessed, on his cell phone, approximately 40 files depicting child pornography.

United States District Judge David N. Hurd also imposed a 15-year term of post-imprisonment supervised release. As a result of his conviction, Adsit will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and Computer Crimes Unit (CCU), and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood.

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

ALBANY, NEW YORK – Kevin J. Nugent, age 44, of Halfmoon, New York, was sentenced today to serve 120 months in prison for attempting to coerce and entice a minor to engage in sexual conduct 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, Nugent admitted that in August 2019 he exchanged multiple sexually explicit messages via an online social networking application with an undercover officer posing as a 14-year-old child, in an attempt to coerce and entice the child into having sex with him.  Nugent further admitted that on August 27, 2019, he traveled to meet with the child at a location in Albany County.  Nugent was arrested after arriving at the location, and has been in custody since that date.

United States District Judge Mae A. D’Agostino also imposed a 10-year term of supervised release, which will start after Nugent is released from prison.  As a result of his conviction, Nugent will be required to register as a sex offender upon his release from prison. 

This case was investigated by the FBI with assistance from the Colonie Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon as a part of Project Safe Childhood.

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

SYRACUSE, NEW YORK – Scott Barton, age 30, of Tupper Lake, New York, was sentenced today to 120 months (10 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 prior guilty plea, Barton admitted that in July 2020, he used a messaging application on his phone to participate in a group chat in which child pornography was being traded. As part of this group chat, Barton distributed a video of child pornography to an undercover law enforcement officer who was posing as a member of the group.  Barton also admitted that in November and December 2020, he possessed hundreds of videos and images of child pornography within a cloud storage account he maintained and controlled.

United States District Judge David N. Hurd also imposed a 10-year term of supervised release, which will start after Barton is released from prison.   Barton will also be required to register as a sex offender upon his release from prison.

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

ALBANY, NEW YORK – Scarlet Shadows a/k/a “Dragongurl69,” age 31, of West Rutland, Vermont, appeared today in federal court on a charge that she attempted to entice a minor into sexual activity.

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 criminal complaint, Shadows attempted to entice and coerce an individual, whom Shadows believed to be an 11-year-old girl, to have sex.  After weeks of exchanging sexually explicit text messages with undercover law enforcement officers, Shadows arranged to meet the child in Warren County, New York.  Before being arrested yesterday, Shadows traveled from Vermont to Warren County with an engagement ring, condoms, and gifts for the child.    

The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.  If convicted, Shadows faces at least 10 years and up to life 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.  Additionally, if convicted, Shadows would be required to register as a sex offender.

Shadows appeared today before United States Magistrate Judge Daniel J. Stewart, who ordered Shadows detained pending a detention hearing scheduled for February 1, 2022.

Anyone with information relevant to this investigation may contact the FBI’s Albany Field Office at (518) 431-4866.

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.  This case is being prosecuted by Assistant United States 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

SYRACUSE, NEW YORK – Abdul Jalil, 55, of Ithaca, New York, pled guilty to federal food stamp fraud, announced United States Attorney Carla B. Freedman, Bethanne M. Dinkins, Special Agent in Charge of the U.S. Department of Agriculture (USDA), John Joly, Acting Chief of the Ithaca Police Department.  As part of his plea, the defendant admitted that he exchanged food stamp benefits for cash with customers at his store, the Ithaca Halal Meat and Grocery, which is prohibited by the USDA, resulting in a loss to the government of $120,061.  During today’s guilty plea, the defendant agreed to pay full restitution to the government.  

Sentencing is scheduled for May 25, 2022, in Albany, New York. At sentencing, the defendant faces up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the United States Department of Agriculture – Office of Inspector General, the Ithaca Police Department, and the Ithaca Department of Social Services, and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

SYRACUSE, NEW YORK - Richard J. Potter, Jr., age 56, of Springport, New York, was sentenced yesterday to a term of 180 months (15 years) in prison for receiving and possessing child pornography and for possession of a firearm as a convicted felon announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his previously entered guilty plea, Potter admitted that from June of 2018 to on or about January of 2019, he used the Internet to search for and receive child pornography.  Potter also admitted that on January 23, 2019 he possessed a total of 33,066 images and 206 videos of child pornography on 35 separate electronic devices, and 451 images of child pornography in a cloud storage account that he maintained and controlled. Also located during the execution of a search warrant at the defendant’s residence in Springport was a 12 gauge shotgun illegally possessed by the defendant, a previously convicted felon.

United States District Judge David N. Hurd also imposed a 15-year term of supervised release, which will start after Potter is released from prison.  Potter will also be required to register as a sex offender.

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

ALBANY, NEW YORK – Terry Lajeunesse, age 50, of Pottersville, New York, was sentenced today to 198 months in prison for possessing and receiving child pornography, and for obstruction of justice.

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).

Lajeunesse pled guilty on August 12, 2021, admitting to possessing and receiving images and videos of child pornography on his cell phone. Lajeunesse further admitted to asking a minor to falsely take responsibility for the crimes that Lajeunesse himself committed. At the time Lajeunesse possessed and received child pornography, he was on probation following a state conviction for possessing a sexual performance by a child less than 16 years old.

Chief United States District Judge Glenn T. Suddaby also imposed a 20-year term of supervised release, which will begin after Lajeunesse is released from prison. Lajeunesse will also be required to register as a sex offender.

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

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

ALBANY, NEW YORK – Jean R. Lavanture, a/k/a “JR,” a/k/a “Rudy Lavanture,” age 49, of Saugerties, New York, was sentenced today to 60 months in prison for conspiring to commit bank fraud and conspiring to commit wire fraud.

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).

Lavanture pled guilty on September 2, 2021, admitting to fraudulently obtaining $4,870,781 in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.  He conspired with Sean M. Andre to obtain $4,309,581 in Paycheck Protection Program (PPP) loans between June and August 2020, by submitting fraudulent loan applications in the names of four inactive companies that Lavanture controlled.  Each loan application grossly misrepresented each company’s employees and payroll.  Each application also included false corporate tax documents that Andre created as part of the scheme.  Lavanture admitted that none of his companies actually had a payroll or employees. 

Lavanture also admitted that, on his own, he fraudulently obtained $561,200 in Economic Injury Disaster Loans (“EIDLs”) from the U.S. Small Business Administration (SBA).

Chief United States District Judge Glenn T. Suddaby also imposed a 3-year term of post-imprisonment supervised release, ordered Lavanture to pay restitution in the amount of $4,870,781, and ordered Lavanture to forfeit proceeds of the fraud, including a motel property he purchased in Rockaway Beach, Missouri; $476,253.25 in U.S. currency; a 2007 Bentley Continental; a 2013 BMW X5; and the balances of 19 bank accounts at a total of 9 banks, into which Lavanture had deposited fraud proceeds. 

Andre, age 31, of Brooklyn, New York, pled guilty on May 26, 2021 to conspiring to commit bank fraud and conspiring to commit wire fraud.  Andre’s sentencing is scheduled for February 24, 2022. 

Jamur Pharmes, age 44, of Hampton, Georgia, pled guilty on July 1, 2021 to conspiring to commit wire fraud.  He admitted that he and Lavanture conspired to submit fraudulent EIDL applications in the names of two companies connected to Pharmes.  Pharmes obtained approximately $159,900 as a result of the scheme, and paid a $10,000 fee to Lavanture.  Pharmes is scheduled to be sentenced on February 24, 2022.

This case was investigated by the FBI, Internal Revenue Service (IRS)-Criminal Investigation, and the SBA Office of Inspector General, and was prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.

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

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

 

ALBANY, NEW YORK – Jose Leon Roldan, age 43, of Troy, New York, was sentenced today to 36 months in prison, to be followed by 3 years of supervised release, for conspiring to traffic a kilogram of heroin.

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

Leon Roldan previously admitted to working with his father, Carlos Leon Rivera, and Mario Figueroa-Portalatin, to sell heroin in Troy, from November 2019 to March 30, 2020.  Leon Roldan admitted to regularly traveling to New York City with his father, where they would acquire heroin from Figueroa’s source of supply.  They brought the heroin back to Troy, where they and Figueroa prepared and packaged it for sale to customers. 

Figueroa-Portalatin, of Troy, pled guilty on August 11, 2020, and was sentenced to 151 months in prison.

Leon Rivera, of Troy, pled guilty on June 9, 2021, and was sentenced to 87 months in prison.

This case was investigated by the DEA and the Rensselaer County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

 

SYRACUSE, NEW YORK – Richard Curtis, age 22, of Baldwinsville, New York, pled guilty yesterday to one count of receiving child pornography over the Internet.

The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Superintendent Kevin P. Bruen.

As part of his guilty plea, Curtis admitted that in September 2017 he asked an 11-year-old child to send him sexually explicit videos over Instagram.  In his exchanges with the child, the defendant pretended that he was a female fashion designer looking for models.

Sentencing is scheduled for May 24, 2022, before Chief United States District Judge Glenn T. Suddaby.  Curtis 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.  Curtis will also be required to register as a sex offender.

This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU), 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 Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Zachary Green, age 36, of Albany, pled guilty today to illegally possessing a loaded shotgun as a felon.

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

As part of his plea, Green admitted that on September 28, 2021, he knowingly possessed a loaded shotgun in his vehicle and on his person while driving and walking on South Pearl Street in the city of Albany.  A prior felony conviction for criminal possession of a weapon prevented Green from legally possessing the firearm in New York. 

Green faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on May 26, 2022, by Chief United States District Judge Glenn T. Suddaby. 

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

This case was investigated by ATF and the Albany Police Department.  This case is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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

SYRACUSE, NEW YORK – Matthew Felitto, age 37, of Utica, New York, pled guilty today to violating the constitutionally protected right of an arrestee to be free from excessive force by a law enforcement officer. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea today, Felitto admitted that on September 4, 2020, while working as a police officer for the Utica Police Department, he arrived on the scene of an arrest to assist in transporting the arrested individual to the station. The arrestee was handcuffed behind his back and in leg shackles when Felitto arrived, because the arrestee had been refusing to comply with the commands of other officers already on-scene. Felitto helped those officers place the arrestee in the back of a police van. Once the arrestee was lying on the floor of the van face up and restrained, Felitto kicked him several times in the face and upper chest while wearing work boots. The kicks were without legal justification and were made with sufficient force to cause the arrestee pain and a bruised/swollen lip.

Pursuant to the terms of the plea agreement, Felitto was required to, and did, resign from the Utica Police Department effective immediately. Sentencing is scheduled for May 25, 2022. If the Court accepts the parties’ plea agreement, the defendant will receive a sentence of probation for a term and under conditions set by the Court, and a fine of $7,500. As a felon, Felitto will also be prohibited from owning or possessing a firearm.

“My office is committed to holding police officers accountable when they violate the constitutional rights of the citizens they are sworn to serve, even those under arrest,” said United States Attorney Carla B. Freedman. “Police officers routinely respond to high-stress and high-stakes situations, and they regularly handle those responsibilities with professionalism and poise, but when an officer uses excessive force and violates the civil rights of others, we will pursue those cases aggressively.”

“Law enforcement officers are given incredible power to enforce the law and ensure justice. The privilege of wearing a badge does not come with the authority to violate the Constitution or the rights of the very people they have taken an oath to protect. The FBI will continue to work with our partners to hold accountable law enforcement officers who break the law and tarnish the reputation of the many dedicated, honest, and hard-working officers who serve their communities every day,” said Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

This case was investigated by the FBI, and is being prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Michael F. Perry with the assistance of the Civil Rights Division of the United States Department of Justice.

SYRACUSE, NEW YORK – Shakespeare Cruz, age 48, of New York City, pleaded guilty today to federal drug trafficking charges, announced United States Attorney Carla B. Freedman, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, and New York State Police Superintendent Kevin P. Bruen.  As part of his plea, the defendant admitted that he distributed multiple kilograms of heroin and cocaine from 2014 through January 2019.  The defendant further admitted that he and his co-conspirators arranged for the drugs to be transported from New York City to Lewis County, New York, where they were re-distributed to others there.  During today’s guilty plea, the defendant agreed to forfeiture in the form of a money judgment of $200,000, reflecting the proceeds of his drug trafficking activity.

Sentencing is scheduled for June 1, 2022 in Syracuse. At sentencing, the defendant faces a mandatory minimum term of incarceration of ten years, with a possible maximum of lifetime imprisonment.  He faces a fine of up to $10,000,000 and a term of supervised release to follow any term of incarceration of at least five years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the United States Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations, Immigration & Customs Enforcement (ICE), the New York State Police, the United States Marshals Service, the Lewis County Sheriff’s Office and the Lewis County District Attorney’s Office and is being prosecuted by Assistant U.S. Attorneys Nicolas Commandeur, Adrian LaRochelle, and Andrew Beaty.

ALBANY, NEW YORK – Kent Tucker, age 24, of Gloversville, New York, pled guilty today to possession with intent to distribute methamphetamine and cocaine base, and possession of a firearm in furtherance of drug trafficking.

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 Anthony Clay, Chief of the Gloversville Police Department.

As part of his guilty plea, Tucker admitted that on August 21, 2020, he possessed methamphetamine pills and cocaine case with the intent to distribute them, and also possessed a loaded, stolen firearm to protect his drugs and drug proceeds.

Sentencing is scheduled for May 24, 2022, before United States District Judge Mae A. D’Agostino, in Albany.  The parties have jointly recommended an 84-month term of imprisonment, which Judge D’Agostino may accept or reject.  If she rejects the recommended term of imprisonment, Tucker would be able to withdraw his guilty plea and proceed to trial. 

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

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

SYRACUSE, NEW YORK – Richard Alvarado, age 28, of Oswego, New York, was sentenced today to serve 6 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 guilty plea, Alvarado admitted that he actively traded child pornography images and videos using a social media messaging application on his phone, and that on February 29, 2020 he distributed videos of child pornography through the application, including video files depicting sexual conduct with children between 5 and 9 years old. Alvarado further admitted that on June 22, 2020, he knowingly possessed numerous image and video files depicting child pornography on his phone.

United States District Judge David N. Hurd also imposed a 15-year term of supervised release, which will start after Alvarado is released from prison, and ordered Alvarado to pay a $200 special assessment and restitution in the amount of $3,000.  Alvarado will also be required to register as a sex offender.

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

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

ALBANY, NEW YORK – Russell J. Neglia, age 26, was sentenced today to 21 months in prison for his involvement in a drug trafficking organization in Ulster County that was dismantled in March 2020.

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

In March 2020, HSI and URGENT investigators acted on evidence they had collected, executing three search warrants on residences in Saugerties and southern Greene County related to a cocaine and marijuana trafficking organization.  In the course of the takedown, three members of the organization – Neglia, Roger W. Hummer II and Michael A. Manor – were arrested on federal drug trafficking charges.  Investigators seized over two kilograms of cocaine, 125 pounds of marijuana, $68,000 in drug proceeds, three vehicles used to traffic drugs, and one firearm. 

Following up on the evidence uncovered by those searches and arrests, four additional individuals affiliated with the drug trafficking organization were arrested and charged by the Ulster County District Attorney.

As part of his plea, Neglia admitted that between January 2019 and March 2020, he sold at least 1.8 kilograms of cocaine on behalf of the organization.

As part of his sentence, U.S. District Judge Mae A. D’Agostino also ordered Neglia to serve a 3-year term of supervised release upon his release from prison, pay a $15,000 fine and forfeit approximately $19,000 in drug proceeds and two vehicles used in furtherance of his cocaine trafficking.

The following defendant pled guilty in connection with the conspiracy, and was sentenced as follows:

Name

Age

Prison Term

Supervised Release Term

Michael A. Manor

40

60 months

4 years

The following defendant has also pled guilty in connection with the conspiracy, and faces the following penalties:

Name

Age

Minimum

Maximum

Roger W. Hummer, II

39

10 years

Life

This case was investigated by HSI, the Ulster County Sheriff’s Office in conjunction with URGENT, an inter-agency taskforce targeting drug dealers and gang members in Ulster County, and the Ulster County District Attorney’s Office.  The case is being prosecuted by Assistant U.S. Attorneys Emmet O’Hanlon and Ashlyn Miranda.

ALBANY, NEW YORK – Jamie Varieur, age 42, of Albany, was arrested today and charged with burglarizing a dwelling at the Albany Stratton Veterans Affairs Medical Center (VAMC).

The announcement was made by United States Attorney Carla B. Freedman; Christopher Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs Office of Inspector General; and Chief Eric Hawkins, Albany Police Department.

According to the complaint, on August 22, 2021, Varieur broke into and entered the Fisher House, a home on VA property where military and veteran families can stay while a loved one is in the hospital, where she stole various items from the kitchen. The charge in the complaint is merely an accusation.  The defendant is presumed innocent unless and until proven guilty.

The charge filed against Varieur carries a maximum sentence of 15 years in prison, a fine of up to $5,000, 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.

Varieur appeared today in Albany before United States Magistrate Judge Daniel J. Stewart, and was detained pending further proceedings.

This case is being investigated by the U.S. Department of Veterans Affairs Office of Inspector General, the Albany Police Department, and the Veterans Affairs Police Service at the Albany VAMC, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

ALBANY, NEW YORK – Marquese Pompey, age 25, of Troy, New York, was sentenced today to 37 months in prison for possessing cocaine and cocaine base with intent to distribute.

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

In pleading guilty, Pompey admitted to possessing and intending to distribute approximately 13 grams of cocaine base, or “crack,” in March 2020.  Pompey was arrested in September 2020, and in searching his Troy apartment, law enforcement discovered approximately 60 grams of cocaine and 8 grams of cocaine base, much of which was partially flushed down the toilet.  Pompey also intended to distribute that cocaine and cocaine base.

U.S. District Judge Mae A. D’Agostino also sentenced Pompey to serve 3 years of post-release supervision.

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

 

SYRACUSE, NEW YORK – Kamar L. Boatman, age 36, of Syracuse, pled guilty today to possessing firearms and ammunition as a felon, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Kenton Buckner, Syracuse Police Department.

As part of his guilty plea today, Boatman admitted that he possessed at his residence in Syracuse the following firearms and ammunition recovered by the Syracuse Police Department-Special Investigations Division (SPD-SID) during the execution of a search warrant on May 31, 2018:

Firearms 

One (1) Ruger pistol, model P89DC, caliber 9mm

One (1) Hi Point rifle, model 4595, .45 ACP caliber rifle,

One (1) Smith and Wesson rifle, model M&P15 .556 caliber rifle,

One (1) Defense Procurement Manufacturing Services model A15, Multi Caliber rifle

Ammunition

Twenty-six (26) rounds of .223 caliber ammunition

Six (6) rounds of 9mm caliber ammunition

Eight (8) rounds of .45 caliber ammunition

 

Boatman also admitted that he was previously convicted of possession with intent to distribute cocaine (a felony) in United States District Court for the Northern District of New York, and was sentenced on May 7, 2010 to serve 48 months in federal prison.

Sentencing in the current case is scheduled for February 28, 2022, at which time the defendant faces a sentence of 60 months in federal prison, followed by a three-year term 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 is being investigated by the Syracuse Police Department-Special Investigations Division (SPD-SID) and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

SYRACUSE, NEW YORK – Cindy McAleese, age 55, of Dexter, New York, was arraigned today on a one-count indictment charging her with conspiring to commit an offense against the United States by seeking and accepting gratuities.

The indictment was announced by United States Attorney Carla B. Freedman; Patrick J. Hegarty, Special Agent in Charge, Department of Defense Office of Inspector General, Defense Criminal Investigative Service; Larry S. Moreland, Special Agent in Charge, U.S. Army Criminal Investigation Division, Mid-Atlantic Fraud Field Office; Joseph Dattoria, Special Agent in Charge of the General Services Administration, Office of the Inspector General; Amaleka McCall-Brathwaite, Special Agent in Charge, U.S. Small Business Administration, Office of Inspector General, Eastern Region; and Joseph Harris, Special Agent in Charge, Department of Transportation Office of Inspector General, Northeastern Region.

The indictment alleges that McAleese, while working as a civilian contracting officer for the U.S. Army at Fort Drum, in Jefferson County, New York, sought and received things of value from local general contractor Sean O’Sullivan, including sports tickets, meals, sexual encounters, and time and attention, in exchange for McAleese’s taking official action on O’Sullivan’s behalf, such as providing O’Sullivan’s company with government contracts and approving payment on those contracts. The indictment also alleges that McAleese and O’Sullivan took steps to keep their relationship a secret from other officials at Fort Drum. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

O’Sullivan has already pled guilty to similar charges and is scheduled to be sentenced on May 11, 2022, by United States District Judge David N. Hurd.

United States Magistrate Judge Thérèse Wiley Dancks released McAleese pending a trial to be scheduled before Judge Hurd in Utica, New York. The charge filed against McAleese carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the Department of Defense Office of Inspector General Defense Criminal Investigative Service; U.S. Army Criminal Investigation Division; General Services Administration, Office of the Inspector General; U.S. Small Business Administration, Office of Inspector General; and Department of Transportation Office of Inspector General, Northeastern Region, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

SYRACUSE, NEW YORK – George D. Robinson, V., of Watertown, New York pled guilty today to possessing methamphetamine with intent to distribute it, and possessing three semiautomatic handguns as a convicted felon, announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and Jefferson County District Attorney Kristyna S. Mills.

As part of today’s guilty plea, Robinson admitted that he possessed 98 grams of methamphetamine with intent to sell it when members of the Metro-Jefferson Drug Task Force executed a search warrant at his home in Watertown, New York on February 5, 2021. Also seized pursuant to the search warrant were three semiautomatic handguns possessed by Robinson, who is a convicted felon. He was previously convicted of conspiracy to distribute and possess with intent to distribute methamphetamine in United States District Court for the Northern District of New York in 2004 and was sentenced then to serve 24 months in federal prison.

Sentencing in this case is scheduled for February 24, 2022, in Syracuse, at which time the defendant faces a minimum sentence of 10 years, and up to life in prison, and a fine of up to 10 million dollars for his conviction for possession with intent to distribute methamphetamine. He faces up to 10 years in prison and a fine of up to $250,000.00 for his conviction for possession of firearms as a convicted felon. The Court will also impose a term of post-incarceration supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by Homeland Security Investigations (HSI), and the Metro-Jefferson Drug Task Force, consisting of Detectives from the City of Watertown Police Department, Detectives from the Jefferson County Sheriff’s Office, Investigators from the Jefferson County District Attorney’s Office, Agents of the United States Border Patrol, and Special Agents from the United States Department of Homeland Security Investigations. The United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) also assisted.

This case was brought through 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.

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

ALBANY, NEW YORK – Micah Hines, a/k/a “Water,” age 42, was sentenced today to 71 months in prison, to be followed by 4 years of supervised release, for distributing more than 28 grams of cocaine base.

The announcement was made by United States Attorney Carla B. Freedman; Keith Kruskall, Acting Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; and New York State Police Superintendent Kevin P. Bruen.

Hines has recently resided in Hudson, Cairo and Poughkeepsie, New York.  In pleading guilty, he admitted to selling about 40 grams of cocaine base on January 7, 2021, and to selling about 52 grams of fentanyl, and about 28 grams of cocaine base, on January 13, 2021. 

Hines has three prior drug felony convictions and two prior firearm felony convictions. 

This case was investigated by the New York State Police and the DEA’s Capital District Drug Enforcement Task Force, which includes investigators from the Columbia County Sheriff’s Office and Hudson Police Department.  The case was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Brittany Berry, age 27, of Marathon, New York was sentenced today by United States District Court Judge David N. Hurd to 190 months in prison 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 her previously entered guilty plea, Brittany Berry admitted that she conspired with Lawrence Berry (who was sentenced in November to 30 years’ imprisonment for his role in the offense) to sexually exploit a 3-year-old minor child in August and September 2018. Brittany Berry acted at Lawrence Berry’s direction and sexually exploited the child on five different occasions for the purpose of creating and sending images and videos (live and recorded) of the sexual abuse to Lawrence over the internet.

In addition to the imprisonment term, Judge Hurd sentenced Brittany Berry to 15 years of supervised release to begin after she serves her term of imprisonment. Upon release from prison, Brittany Berry also will be required to register to as a sex offender in any state where she 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 Safe Childhood.

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

SYRACUSE, NEW YORK – Deryk Paul Burdick, 32, of Auburn, New York was arrested yesterday and charged with receipt and possession of child pornography. The announcement was made by United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office, and New York State Police Superintendent Keith M. Corlett.

According to the complaint, Burdick purchased child pornography on the internet and had a collection of child pornography on a laptop computer found in his home, including the child pornography files that he purchased online.

The charges filed against Burdick carry a mandatory minimum sentence of five years’ imprisonment and a maximum of 20 years’ imprisonment, a post-release term of supervision of between five years and life, and a fine of up to $250,000. Burdick would be required to register as a sex offender if convicted.

Burdick appeared yesterday before United States Magistrate Judge Hon. Thérèse Wiley Dancks for an initial appearance and was detained pending further proceedings.

Burdick was previously employed as a school bus driver in Skaneateles, New York and Buffalo, New York. Individuals who believe they have information relevant to this investigation should contact HSI Special Agent Brad Brechler at 315-569-9155.

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

Burdick’s case is being investigated by the Department of Homeland Security Investigations (HSI), the New York State Police, the Auburn Police Department, and the New York State Internet Crimes Against Children Taskforce (ICAC). The joint effort is 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.

The case is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

ALBANY, NEW YORK – Tyler Purvis-Mitchell, age 27, of Albany, was convicted on Friday of possession with intent to distribute methamphetamine following a four-day jury trial.

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

The evidence at trial established that on May 7, 2020, Purvis-Mitchell possessed with the intent to distribute more than 125 pills containing methamphetamine, in his residence and his vehicle. The pills weighed more than 50 grams in total.

Purvis-Mitchell faces a minimum of 5 years and a maximum sentence of 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life when United States District Judge Mae A. D’Agostino sentences him on April 20, 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.

The jury voted to acquit Purvis-Mitchell of two felony charges for possession of a firearm as a felon and possession of a firearm in furtherance of a drug trafficking crime.

This case was investigated by the Albany Police Department and ATF, and is being prosecuted by Assistant United States Attorneys Emmet J. O’Hanlon and Alexander Wentworth-Ping.

ALBANY, NEW YORK – Calvin Strong, age 29, of Watervliet, New York, was ordered detained today pending trial on a charge that he unlawfully possessed a firearm 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).

The complaint alleges that Strong, a felon, possessed a handgun in Watervliet on or about November 23, 2021.  The charge in the complaint is merely an accusation.  The defendant is presumed innocent unless and until proven guilty. 

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

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

SYRACUSE, NEW YORK – Waldemar Colon, age 45, of Syracuse, was sentenced yesterday to serve 84-months in federal prison for his convictions for conspiracy to distribute and possesses with intent to distribute heroin, fentanyl, and cocaine; and aiding and abetting the distribution of heroin and fentanyl, 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.

Colon was also ordered to serve a 5-year term of supervised release following his prison sentence.

As part of his previous guilty plea, Colon admitted that he conspired with Luis Carrasquillo 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. Colon also pled guilty to aiding and abetting the sale of a mixture of heroin and fentanyl on December 19, 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.

Isidro De Los Santos pled guilty to conspiracy to distribute and 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.

Luis Carrasquillo pled guilty to conspiracy to distribute and possess with intent to distribute controlled substances, and distribution of controlled substances, and was sentenced on November 4, 2021 to serve a sentence of 71 months in prison, and a 5-year term of supervised release.

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 was prosecuted by Assistant U.S. Attorney Richard Southwick

SYRACUSE, NEW YORK – Edward Mercado, age 34, of Los Angeles, California, pled guilty yesterday to traveling to New York from California for the purpose of engaging in illicit sexual conduct with a 10-year-old child. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

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

Sentencing is scheduled for April 13, 2022, in Utica, before United States District Judge David N. Hurd.  Mercado faces up to 30 years 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.

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.  Upon his release from prison Mercado will be required to register as a sex offender in any state where he resides, is employed, or is a student.

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

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

ALBANY, NEW YORK – Brittany Irvine, age 27, formerly of Bloomingdale, New York, was sentenced today to 12 months of probation and to pay a fine of $5,000 for stealing prescription drugs from mail parcels.

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).

Irvine previously admitted that beginning on June 18, 2019, and until her arrest on August 27, 2019, while working as a Distribution Clerk at the United States Post Office in Bloomingdale, she opened three parcels containing prescription oxycodone pills and removed the pills.

This case was investigated by the USPS, Office of the Inspector General, and was prosecuted by Assistant U.S. Attorney Troy Anderson. 

 

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.

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.

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.

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.

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, 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

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.

 

                                                           

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, 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.

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.

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.

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.

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.

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. 

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.

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, 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

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.