Northern District of New York
Press releases recorded for this federal judicial district.
Hogansburg Man Sentenced to 30 Months for Marijuana ConvictionsRead the Press Release
ALBANY, NEW YORK – Tevin Terrance, age 28, of Hogansburg, New York, was sentenced today to 30 months in prison for conspiring to distribute, and possessing with intent to distribute, 100 kilograms or more of marijuana.
The announcement was made by United States Attorney Carla B. Freedman and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his guilty plea, Terrance admitted that on August 20, 2020, he and a co-conspirator used two pickup trucks to transport 10 hockey bags containing approximately 200 kilograms of marijuana through the Northern District of New York with the intent to distribute the drugs in the New York City area.
Chief United States District Judge Glenn T. Suddaby also ordered Terrance to serve 3 years of post-imprisonment supervised release.
This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
Chenango County Man Sentenced to 35 Years for Sexually Exploiting Three ChildrenRead the Press Release
SYRACUSE, NEW YORK - Patrick Kain, age 35, of Norwich, New York was sentenced today to thirty-five years’ imprisonment for three counts of sexual exploitation of a child and one count of committing a felony involving a minor by a registered sex offender. 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).
Kain was convicted in Chenango County Court of Sexual Abuse in the First Degree in 2014, and because of that conviction is required to register as a sex offender in New York State.
As a part of his previously entered guilty plea, Kain admitted that from roughly 2016 through 2019 he created sexually explicit images and videos of three different victims, each of whom were approximately five years old. These depictions generally involved Kain secretly recording the victims’ genitals. Included among this material is a video of Kain reaching his hand toward one of the victim’s genitals, putting his hand inside that victim’s underwear, and pulling it aside. In addition to the child pornography that Kain created, he also possessed approximately 90 videos and 10 images of child pornography not involving his own victims, both on his laptop and in an online storage account.
Senior United States District Judge Thomas J. McAvoy also imposed a 20-year term of supervised release, which will start after Kain is released from prison, required Kain to pay $3,000 in restitution to a victim whose image he possessed on one of his electronic devices, and ordered a $400 special assessment.
This case was being investigated by the FBI, the New York State Police, and the Chenango County District Attorney’s Office. It 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 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.
Schenectady Man Sentenced to 87 Months for Possession of a Molotov CocktailRead the Press Release
SYRACUSE, NEW YORK – Joel Malek, age 43, of Schenectady, New York, was sentenced today to 87 months in prison after previously pleading guilty to possession of a Molotov cocktail.
The announcement was made by United States Attorney Carla B. Freedman and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
As part of his guilty plea, Malek admitted that on June 5, 2020, he and a co-conspirator approached a vehicle in Schenectady, at which time the co-conspirator broke the driver-side rear window with a hammer, and then Malek ignited a Molotov cocktail and threw it into the vehicle through the broken window, which started a fire and caused an explosion in the vehicle; no one was injured but the vehicle was destroyed.
United States Attorney Carla B. Freedman stated: “Today’s sentence justly punishes Joel Malek for using a destructive device to firebomb a Schenectady resident’s property and frighten a community during a time of civil unrest immediately following protests related to the death of George Floyd. I am thankful that no one was harmed and praise the work of the federal, state, and local officers who worked tirelessly to solve this case and bring Malek to justice.”
ATF Special Agent in Charge John B. DeVito stated: “The defendant’s use of a destructive device not only endangered the lives of our community members but also jeopardized our first responders who had to extinguish the flames in a time of civil unrest. I thank them for their efforts, as well as those of the U.S. Attorney’s Office and the Federal Bureau of Investigation, for partnering with ATF in sending a clear message that individuals committing violent acts in our communities will be held responsible for their actions.”
In addition to the 87-month term of imprisonment, Senior United States District Judge Norman A. Mordue imposed a term of 3 years of supervised release that will follow the term of incarceration. Malek was also ordered to pay $3,500 in restitution to the owner of the destroyed vehicle.
This case was investigated by the ATF and the Federal Bureau of Investigation’s Joint Terrorism Task Force, as well as the Schenectady Police Department and Schenectady Fire Department, and was prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping.
Schenectady County Man Charged with Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – John H. Ruthosky, age 36, of Schenectady, New York, appeared in federal court yesterday on charges that he sexually exploited a child.
The announcement was made by United States Attorney Carla B. Freedman and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
A criminal complaint alleges that on or about October 20, 2021, Ruthosky produced sexually explicit videos of a 7-year-old child. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Ruthosky initially appeared yesterday before United States Magistrate Judge Christian F. Hummel. Today, the defendant waived his right to a detention hearing, and will remain detained pending trial.
If convicted, Ruthosky faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years, a maximum fine of $250,000, and a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. He would also be required to register as a sex offender.
Members of the public who have information regarding Ruthosky are asked to call HSI’s 24-hour tip line at (866) 347-2423.
This case is being investigated by HSI, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Geoffrey J. L. Brown and Rachel L. 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
Michigan Man Pleads Guilty to Traveling to the Binghamton Area Intending to Engage in Sexual Conduct with a ChildRead the Press Release
SYRACUSE, NEW YORK – Robert Hardin, age 76, of Kalamazoo, Michigan, pled guilty today to traveling to New York from Michigan for the purpose of engaging in illicit sexual conduct with an 11-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, Hardin admitted that from July of 2021 through August of 2021 he exchanged sexually explicit messages via an online social networking application and text message with an undercover officer posing as the mother of 11-year-old girl. In these messages, Hardin expressed a desire to engage in sexually explicit conduct with the child. Hardin further admitted that on August 24, 2021, he traveled from Michigan to New York in order to meet with the child and engage in sexual conduct with her at a location in the Binghamton area. Hardin was arrested after arriving at the location and has been in custody since that date.
Sentencing is scheduled for March 1, 2022, in Binghamton, before Senior United States District Judge Thomas J. McAvoy. Hardin 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 Hardin 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 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 Man Indicted on Drug Trafficking ChargeRead the Press Release
ALBANY, NEW YORK – Khalif Crawford, age 28, was ordered detained today pending trial on a charge that he possessed cocaine base with the intent to distribute it.
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 indictment alleges that Crawford possessed more than 28 grams of cocaine base, which he intended to distribute. The charge in the indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Crawford carries a minimum sentence of 5 years and a maximum sentence of 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 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 ATF and the Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Dustin Segovia.
Watertown Man Sentenced to 155 Months for Drug and Firearms ConvictionsRead the Press Release
SYRACUSE, NEW YORK - Daniel J. Borg, age 43, of Watertown, New York, was sentenced today to serve 155 months (12 years and 11 months) in federal prison for his convictions for possession of controlled substances (heroin/fentanyl and eutylone) with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, possession of a sawed-off shotgun, and possession of a firearm by a convicted felon, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Jefferson County District Attorney Kristyna Mills.
As part of his previous guilty plea, Daniel J. Borg admitted that on January 21, 2021 he was in possession of 305 grams of eutylone as well as 30 separate bags of a heroin/fentanyl mixture in an Audi automobile that he parked at a self-storage area in Watertown where he leased a unit. Detectives from the Metro-Jefferson Drug Task Force (Met-Jeff) surveilled Borg as he was about to enter his locked storage unit. After taking Borg into custody and recovering the drugs from the Audi, Met-Jeff Detectives obtained Borg’s consent to search his locked storage unit. Inside the storage unit Met-Jeff Detectives located a safe containing 500 separate small plastic bags, each holding a small quantity of a heroin/fentanyl mixture. Also recovered from the storage unit was a sawed-off .410-gauge shotgun illegally possessed by Borg, who was previously convicted of five (5) prior felony offenses.
In imposing sentence today, Senior District Judge Frederick J. Scullin, Jr. ordered Borg to serve 95 months for his possession with intent to distribute controlled substances, and a consecutive sentence of 60 months for his possession of the sawed-off shotgun in furtherance of a drug trafficking crime, with concurrent sentences for possession of the firearm as a convicted felon and possession of an unregistered short-barreled shotgun.
This case was investigated by United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 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-Homeland Security Investigations (HSI), and was prosecuted by Assistant U.S. Attorney Richard Southwick.
Utica Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
SYRACUSE, NEW YORK – Anulfo Fernandez, age 42, of Utica, New York, pled guilty today to possessing and intending to distribute heroin in the Utica area in 2019, announced United States Attorney Carla B. Freedman and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his guilty plea, Fernandez admitted that in 2019, he repeatedly sold heroin, and that those sales totaled more than one kilogram. Fernandez further admitted that he stored and packaged his drugs at a vacant apartment in Utica, and that on December 11, 2019, he had nearly 400 grams of heroin at that location, which he intended to sell. Sentencing is scheduled for March 1, 2022 in Syracuse. At sentencing, Fernandez faces a prison term of at least 5 and up to 40 years, a fine of up to $5 million, and a term of supervised release following incarceration of between 4 years and life.
A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, the New York State Police, the Oneida County Sheriff’s Office and the Utica Police Department, and is being prosecuted by Assistants U.S. Attorney Nicolas Commandeur and Matthew McCrobie.
Miami Man Pleads Guilty to Participating in Access Device Fraud and Money Laundering Conspiracies for his Roles in Nationwide Gas Station Skimming SchemeRead the Press Release
ALBANY, NEW YORK – Hugo Hernandez, age 34, of Miami Lakes, Florida, pled guilty today to a superseding indictment charging him with being part of access device fraud and money laundering conspiracies for his roles in a nationwide gas station skimming scheme that involved stealing banking and personal information of residents in and around the Northern District of New York, as well as multiple other parts of the country, who used the “pay at the pump” feature to make gasoline purchases.
The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Inspector in Charge Ketty Larco-Ward, Boston Division, United States Postal Inspection Service (USPIS).
As part of his guilty plea, Hernandez admitted that between December 2015 and July 2019, he conspired with others to commit access device fraud by building skimming devices designed to steal gas station customer information, installing those devices inside gas pumps in Albany, Broome, and Montgomery Counties, and elsewhere, and then using the information collected by those devices to create fake credit and debit cards. The fake cards were used to obtain money orders, gift cards, cash, and other things of value.
Hernandez also admitted to being part of a conspiracy to launder funds obtained through the access device fraud conspiracy, and, in facilitating that conspiracy, causing at least 162 money orders, worth $173,257, to be deposited into a bank account he controlled. As part of his plea agreement, Hernandez agreed to be subject to a forfeiture money judgment in the amount of $173,257.
A sentencing hearing is set to take place on March 1, 2022, before Senior United States District Judge Gary L. Sharpe. Hernandez faces up to 20 years in prison; a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater; and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami, Pittsburgh, and San Juan, the USPIS Miami Division, the United States Secret Service Miami Field Office, as well as the New York State Department of Agriculture, Division of Weights and Measures. The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.
Ulster County Man Pleads Guilty to Distributing FentanylRead the Press Release
ALBANY, NEW YORK – Timothy Schleede, age 30, of Lake Katrine, New York, pled guilty today to distributing fentanyl in Ulster County.
The announcement was made by United States Attorney Carla B. Freedman; Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; and Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT).
Schleede pled guilty to one count of distribution of a controlled substance and one count of possession with intent to distribute a controlled substance.
As part of his plea, Schleede admitted that on August 26, 2020, he distributed a fentanyl mixture in glassine envelopes to another person in a mall parking lot in Ulster, New York. Schleede was arrested later the same day after selling glassine envelopes containing the same fentanyl mixture in a hotel parking lot in Ulster. Search warrants executed on Schleede’s hotel room and storage locker recovered approximately 8,000 additional glassine envelopes, which contained fentanyl and heroin.
As a result of his convictions, Schleede faces at least 5 years and up to 40 years in prison, when he is sentenced by United States District Judge Mae A. D’Agostino on February 28, 2022. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by URGENT and the DEA, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Gansevoort Woman Sentenced on Tax Fraud ChargesRead the Press Release
ALBANY, NEW YORK – Betty J. Marriott, age 71, of Gansevoort, New York, was sentenced today to a year of probation, and to pay $280,413 in restitution, following her conviction on four counts of filing false tax returns. The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”).
Marriott’s conviction related to business income and rental payments she earned through a Saratoga County company that places home health care aides in patients’ homes. Marriott owned and operated the company until 2016 and collected monthly rental payments from the company in 2017. In pleading guilty, Marriott admitted to filing materially false tax returns in tax years 2014 through 2016 that underreported income from the business. Following Marriott’s sale of the company in 2016, she also failed in 2016 and 2017 to declare the income she received through rental payments the company paid her on a monthly basis. Marriott admitted to underreporting a total of $1,019,444, resulting in a loss to the government of at least $280,413.
In a related case, on October 14, 2021, Elizabeth Doyle, age 49, of Ballston Lake, New York, to whom Marriott sold the company in 2016, pled guilty to filing false tax returns; her sentencing is scheduled for February 16, 2022.
These cases were investigated by IRS-CI and are being prosecuted by Assistant U.S. Attorney Emily C. Powers.
North Carolina Man Pleads Guilty in Connection with Distributed Denial of Service Attack in PlattsburghRead the Press Release
ALBANY, NEW YORK – Thomas A. Johnson, age 24, of Boone, North Carolina, pled guilty today to directing a distributed denial of service (“DDoS”) attack that disrupted internet access for thousands of Plattsburgh-area internet customers. 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).
DDoS attacks target websites and online services. The attacker causes the targeted server or network to be overwhelmed by more internet traffic than the server or network can typically accommodate, which renders the affected server or network inoperable for a period of time until service can be restored.
As part of his misdemeanor guilty plea, Johnson admitted to intentionally causing damage to a protected computer on March 2, 2016, by orchestrating a DDoS attack intended to knock a Plattsburgh-area user off the internet while the two were playing an internet-based video game, after Johnson believed the target had insulted him. In addition to disrupting the intended target’s internet access, Johnson’s actions impacted all of the users of the target’s internet network.
Sentencing is scheduled for December 20, 2021 in Albany before United States Magistrate Judge Daniel J. Stewart. Johnson faces a maximum statutory penalty of 1 year in prison, as well as a fine of up to $100,000, and a term of supervised release of up to a year. 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 and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Hogansburg Man Sentenced for Conspiracy to Distribute Marijuana and Money LaunderingRead the Press Release
SYRACUSE, NEW YORK – Adam Jacobs, age 33, of Hogansburg, NY, was sentenced today to serve 70 months in prison for conspiring to distribute marijuana and for money laundering of drug proceeds announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and Gregory S. Oakes, Oswego County District Attorney.
As part of his previous guilty plea, Jacobs admitted that between January 2017 and August 2017, he operated as a middleman who brokered marijuana transactions between a marijuana supplier on the Akwesasne Mohawk Reservation and multiple redistributors. He facilitated the distribution of at least 400 pounds of marijuana. Jacobs was previously convicted of federal drug charges in 2012 and sentenced to 57 months in prison. He was on federal supervised release at the time he committed the most recent offense.
In addition to his term of imprisonment, the court also sentenced Jacobs to 5 years of supervised release and ordered him to pay a money judgment in the amount of $40,000.00 representing proceeds derived from marijuana distribution. The court also sentenced Jacobs to an additional 18 months in prison for violating his supervised release, which will be served consecutive to his 70-month term of imprisonment.
This case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), the Syracuse Police Department, and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department, and Agents of the U.S. Border Patrol. The case was prosecuted by Assistant United States Attorney Thomas Sutcliffe.
Fulton Man Sentenced to 50 Years in Prison for Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Gary Goodale, age 41, of Fulton, New York, was sentenced today to serve 50 years in federal prison for receipt and possession of 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).
As part of his previous guilty plea, Goodale admitted that he used his personal computer to receive images of child pornography over the internet, and that he possessed child pornography on three electronic devices. A forensic review of Goodale’s cellular telephone and two portable electronic storage devices revealed that all three contained numerous image files depicting child pornography. Goodale also admitted that the images he possessed include sexually explicit photographs of two minors that he produced himself.
Goodale was previously convicted on December 8, 1999, in Oswego County Court for Sodomy in the First Degree in violation of New York Penal Law, Section 130.50(3), which makes it unlawful to engage in deviate sexual intercourse with another person who is less than eleven years old, and was sentenced at that time to 8 years imprisonment.
Senior United States District Judge Thomas J. McAvoy also imposed a lifetime term of supervised release, which will start after Goodale is released from prison, and ordered Goodale to pay a $400 special assessment. Goodale will also be required to register as a sex offender.
Goodale’s case was investigated by Homeland Security Investigations, Syracuse Office with assistance from the New York State Police Troop D Computer Crimes Unit, the Oswego County District Attorney’s Office and the Fulton Police Department, and was prosecuted by Assistant United States 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
Chenango County Man Pleads Guilty to Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Matthew Bormann, age 35, of Sherburne, New York, pled guilty today to possession of child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Bormann admitted that on March 12, 2021, during a visit at his home from his United States Probation Officer, Bormann possessed at least 3500 images and video files of child pornography on a cellular telephone he was prohibited from possessing under the conditions of his supervised release.
Bormann was on supervised after a federal conviction in 2014 for possession of child pornography for which he was sentenced on August 18, 2015, to serve 36 months’ imprisonment, and a life term of supervised release.
In addition to his plea to possession of child pornography today, Bormann also admitted to violating the terms of supervised release previously imposed for his 2015 conviction.
Sentencing is scheduled for March 2, 2022 before Senior United States District Judge Thomas J. McAvoy. In addition to any punishment for violating the terms of his supervised release, Bormann faces a mandatory minimum term of 10 years in prison, a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of between 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Probation Office and 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 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.
Schenectady Man Sentenced to 120 Months on Drug and Firearm ConvictionsRead the Press Release
ALBANY, NEW YORK – Rhamel G. Pate, age 40, of Schenectady, New York, was sentenced today to 120 months in prison for distributing cocaine base in Schenectady, as well as for possessing firearms in furtherance of his drug crimes.
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, Pate admitted to working with others to distribute cocaine base out of a Schenectady apartment where he lived at the time. Pate also admitted to possessing, on the date of his arrest, a quantity of cocaine base, and four firearms and ammunition.
Pate was sentenced in Syracuse, New York, by Senior United States District Judge Norman A. Mordue, who also imposed a 4-year term of supervised release.
This case was investigated by the FBI and was prosecuted by Assistant United States Attorney Emily C. Powers.
Schenectady Felon Admits to Distributing Heroin and Fentanyl, and Possessing Firearms in Furtherance of Drug TraffickingRead the Press Release
ALBANY, NEW YORK – Ralph St. Croix, a.k.a. “Stretch,” age 38, most recently of Schenectady, New York, formerly of Long Island, pled guilty today to distribution of heroin and fentanyl, and to the possession of firearms in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Carla B. Freedman; John B. DeVito; Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and New York State Police (NYSP) Superintendent Kevin P. Bruen.
As part of his plea, St. Croix admitted to selling heroin and fentanyl to another person on three occasions in December 2020 at his apartment in Schenectady. St. Croix further admitted to possessing, in his apartment, a loaded Smith and Wesson .38 caliber revolver and Mossberg 12-gauge shotgun, in order to guard against the potential theft of his drugs and drug proceeds. St. Croix also had a prior felony conviction at the time he possessed the firearms.
St. Croix faces at least 5 years and up to life in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life when he is sentenced, on March 14, 2022, by Senior United States District Judge Frederick J. Scullin, Jr. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the ATF and NYSP, and 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.
Tompkins County Man Charged with Sexually Exploiting a ChildRead the Press Release
SYRACUSE, NEW YORK – Remanu Phillips, 31, of Ithaca New York, appeared in federal court yesterday on charges that he sexually exploited a child.
The announcement was made by United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police (NYSP) Superintendent Kevin P. Bruen.
A criminal complaint filed in United States District Court alleges that in June 2019 Phillips produced 3 sexually explicit videos of a 10-year-old child. United States Magistrate Judge Miroslav Lovric ordered Phillips detained pending a hearing on October 18, 2021. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Phillips faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years, a maximum fine of $250,000, and a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. He would also be required to register as a sex offender.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), with assistance from the Tompkins County Sheriff’s office. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Syracuse Man Pleads Guilty to Unlawfully Possessing and Selling Firearms and AmmunitionRead the Press Release
SYRACUSE, NEW YORK – Jovaun Clark, age 45, of Syracuse, pled guilty yesterday to possessing unregistered machine guns and short-barreled rifles, possessing firearms and ammunition while a convicted felon, and selling firearms and ammunition to a convicted felon, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Chief Kenton Buckner, City of Syracuse Police Department, and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his guilty plea, Clark admitted to selling seven firearms and numerous rounds of ammunition to a confidential informant during four meetings in January 2019. Five of the firearms were “ghost guns” bearing no serial number, two were handguns that had been modified to operate as machine guns, and two were short-barreled rifles. None of the machine guns and short-barreled rifles were registered to the defendant as required by federal law. In 1999, the defendant was convicted in Onondaga County Court of Criminal Possession of a Controlled Substance in the Third Degree, a felony offense. The confidential informant to whom Clark sold the firearms and ammunition also was a convicted felon.
Sentencing is scheduled for February 10, 2022, before United States District Judge David N. Hurd in Utica, New York, at which time Clark faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The Court has discretion to order the sentences on separate counts to be served concurrently or consecutively in some circumstances. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Syracuse Police Department, and the United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorneys Thomas Sutcliffe and Andrew Beaty.
New Jersey Men Indicted in Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Richard “Richie” Sinde, age 56, of Fort Lee, New Jersey, and Robert “Bobby” Ingrao, age 74, of Lodi, New Jersey, were indicted last month for trafficking 9 kilograms of cocaine.
The announcement was made by United States Attorney Carla B. Freedman and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
Sinde and Ingrao are each charged with conspiring to distribute 5 kilograms or more of cocaine, and with possessing and intending to distribute 5 kilograms or more of cocaine. Sinde was arraigned today before United States Magistrate Judge Daniel J. Stewart and released with conditions. Ingrao will be arraigned at a later date.
On April 2, 2021, Ingrao was driving a 2018 Jeep Grand Cherokee north on Interstate 87, according to a criminal complaint previously filed against him. New York State Police conducted a traffic stop on the vehicle in Greene County. Ingrao, who was driving alone, told Troopers that he was returning the vehicle to Schenectady, according to the complaint. Troopers discovered that Ingrao lacked a driver’s license, and decided to arrest him and tow the Jeep. While taking an inventory of the Jeep’s contents, according to the complaint, Troopers discovered a hidden compartment, or “trap,” in the vehicle’s trunk area. The trap concealed 9 kilograms of cocaine, according to the complaint.
The charges in the indictment and complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
If convicted, each man faces at least 10 years and up to life in prison, as well as at least 5 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the DEA’s Capital District Drug Enforcement Task Force, which includes DEA Special Agents and investigators from state and local police agencies, including the Saratoga Springs Police Department, the Saratoga County Sheriff’s Office, the Washington County Sheriff’s Office, and the New York State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Lewis County Man Sentenced for Controlled Substances OffensesRead the Press Release
SYRACUSE, NEW YORK – Charles W. Whitcher, age 41, of Port Leyden, New York, was sentenced On October 13, 2021 in federal court to 51 months in prison after previously pleading guilty to distribution and possession with intent to distribute methamphetamine, possession of Pseudoephedrine with the intent to manufacture methamphetamine, and maintaining a drug-involved premises.
The announcement was made by United States Attorney Carla B. Freedman and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
Whitcher was previously convicted in federal court, in 2003, for his involvement in a conspiracy to manufacture, distribute, and possess with intent to distribute methamphetamine.
As part of his previously entered guilty plea, Whitcher admitted that between August 2019 and September 2019, he distributed methamphetamine he had manufactured in his home using the “one pot” method, which uses Pseudoephedrine and other ingredients to produce methamphetamine that Whitcher would then distribute in exchange for cash or more Pseudoephedrine.
In addition to the 51-month term of imprisonment, Chief United States District Judge Hon. Glenn T. Suddaby imposed a term of 6 years of supervised release which will follow the term of incarceration.
This case was investigated by the DEA, the Lewis County Drug Task Force, the Lewis County District Attorney’s Office, the Lewis County Sherriff’s Office, and the New York State Police and was prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Albany Man Charged with Drug Trafficking OffenseRead the Press Release
ALBANY, NEW YORK – Wakeem Ricks, age 30, of Albany, was ordered detained today pending trial on a charge that he distributed cocaine base.
The announcement was made by United States Attorney Carla B. Freedman and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
The complaint alleges Ricks distributed cocaine base to another individual on September 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 20 years in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 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 DEA, Albany Police Department, and Albany County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorney Dustin Segovia.
Suffolk County Man Pleads Guilty to Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Jacob Delaney, age 23, of Holtsville, New York, pled guilty yesterday to one count of receiving child pornography and three counts of possessing child pornography.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Delaney admitted that between about September 2018 and December 12, 2019, while a resident of New Paltz, New York, he used the Internet to search for, and download, numerous still image and video files of child pornography.
Sentencing is scheduled for February 15, 2022 before Senior United States District Judge Thomas J. McAvoy in Albany. Delaney faces at least 5 years and up to 40 years in prison. The Court will also impose a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Delaney will also be required to register as a sex offender.
This case was investigated by the FBI. The case is being prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Rick Belliss as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Saratoga County Woman Pleads Guilty to Tax ChargesRead the Press Release
ALBANY, NEW YORK – Elizabeth Doyle, age 49, of Ballston Lake. New York, pled guilty today to filing false tax returns. The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”).
Doyle operates a Saratoga County company that places home health care aides in patients’ homes. As part of her guilty plea, Doyle admitted to filing materially false tax returns that underreported business income in 2016 and 2017. Doyle admitted to underreporting a total of $647,263 in income, resulting in a loss to the federal government of at least $94,522.
Doyle faces up to 3 years in prison, a maximum fine of $100,000, and a term of supervised release of up to 1 year, when Senior United States District Judge Lawrence E. Kahn sentences her on February 16, 2022. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
In a related case, on March 24, 2021, Betty J. Marriott, age 71, of Gansevoort, New York – the prior owner of Doyle’s company – pled guilty to filing false tax returns; her sentencing is scheduled for October 21, 2021.
These cases were investigated by IRS-CI and are being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Jefferson County Man Sentenced to Prison for Failing to Register as a Sex OffenderRead the Press Release
SYRACUSE, NEW YORK – Chad A. Worthington (43), of Ellisburg, New York, was sentenced today in federal court in Syracuse to 23 months in prison after previously pleading guilty to one felony count of failing to register and update his registration as a sex offender for failing to disclose his e-mail address to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York.
In pleading guilty previously, Worthington admitted that from June 16, 2018, through April 21, 2021, he failed to register a Google email address he created on June 5, 2018, as required by SORNA. Worthington also admitted that he failed to register five other Google email addresses as required by SORNA between August 2016 and April 2021. Worthington was required to register as a sex offender because of his federal convictions in 2005 for coercion and enticement of a minor and travel with intent to engage in illicit sexual conduct. Worthington also admitted that his conduct violated the terms of his supervised release conditions.
Senior United States District Judge Norman A. Mordue, who presides over the case, sentenced Worthington to 15 months in prison for the SORNA offense, and to a consecutive term of 8 months in prison for the supervised release violations, leading to a total prison term of 23 months. As part of his sentence, Worthington will remain on supervised release for 10 years after he is released from prison, and he will continue to be required to register as a sex offender.
This case was investigated by the United States Marshals Service, and it was prosecuted by Assistant United States Attorney Michael F. Perry 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
Gloversville Man Pleads Guilty to Firearms and Pipe Bomb ChargesRead the Press Release
ALBANY, NEW YORK – Michael Darling, age 42, of Gloversville, New York, pled guilty today to illegally possessing firearms as a felon and unlawful possession of six pipe bombs.
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).
Darling was arrested on February 14, 2021, after police had been called to his residence to conduct a welfare check. Police seized six operable pipe bombs from the home. At the time of his arrest, police also recovered two firearms and ammunition, which Darling was prohibited from possessing as a result of a felony burglary conviction.
Sentencing in the case is scheduled for February 4, 2022 before United States District Judge Mae A. D’Agostino, at which time Darling faces up to 10 years in prison, as well as a fine up to $250,000, and post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on a particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Darling has been in custody since his arrest.
The case was investigated by the Gloversville Police Department, the New York State Police, ATF, and the Federal Bureau of Investigation, with assistance from the United States Marshals Service. The case is being prosecuted by Assistant United States Attorney Robert A. Sharpe.
Geddes Resident Admits Making False Statements to U.S. Immigration OfficialsRead the Press Release
SYRACUSE, NEW YORK - Chasib Hafedeh Saadoon Al Fawadi (“Al Fawadi”), 36, an Iraqi citizen residing in Geddes, New York, pled guilty on Wednesday, October 6, 2021, to making false statements in a U.S immigration application for permanent residency, and making false statements to U.S. immigration officials during an oral interview for permanent residency, announced United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office.
As part of his guilty plea, Al Fawadi admitted that in a written application given to United States Citizenship and Immigration Services in Syracuse, New York, on June 8, 2017, he falsely denied being a member of any group engaged in violent activities. Al Fawadi’ statement was false because while living in Iraq, he was a member of As’ib Ahl al-Haq, an Iranian-backed Shiite militia and paramilitary organization. Also, as part of his guilty plea, Al Fawadi admitted that he falsely reaffirmed his previous written statements during an in-person oral interview with United States Citizenship and Immigration Services in Syracuse on April 9, 2019.
Sentencing in this case is scheduled for March 8, 2022, in Binghamton, New York, at which time Al Fawadi faces a maximum of up to 10 years for his false written statements, and up to 5 years imprisonment for his false oral statements to United States Citizenship and Immigration Services, as well as a fine of up to $250,000.00 on each count of conviction, and a post-imprisonment 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. Al Fawadi remains in the custody of the United States Marshals Service pending the imposition of sentence.
This case is being investigated by the Federal Bureau of Investigation (FBI) and the United States Department of Homeland Security-Homeland Security Investigations (HSI), with assistance from United States Citizenship and Immigration Services (USCIS), and the Onondaga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Steven D. Clymer.
Carla B. Freedman is Sworn in as United States Attorney for the Northern District of New YorkRead the Press Release
SYRACUSE, NEW YORK – Carla B. Freedman became the United States Attorney for the Northern District of New York this morning, upon being sworn in by Chief United States District Judge Glenn T. Suddaby at the federal courthouse in Syracuse. Ms. Freedman is the first woman confirmed for this position.
Ms. Freedman was nominated by President Joseph R. Biden, Jr. on August 10, 2021 and confirmed by the Senate on October 5, 2021. President Biden signed her commission on October 7, 2021.
United States Attorney Carla B. Freedman stated: “After 14 years as an Assistant U.S. Attorney, I am honored to lead the incredible lawyers and staff in our office as we represent the criminal and civil interests of the United States. Our guideposts will continue to be fairness and equal justice for all. We will also continue our efforts to reduce gun violence, protect civil rights, safeguard our national security, and build relationships with community groups throughout the Northern District of New York.”
Ms. Freedman previously served as an Assistant U.S. Attorney in the Syracuse office of the Northern District of New York from 2007 through 2021. She was a Supervisory Assistant U.S. Attorney and the Narcotics Chief from February 2018 through 2021. She also served as Deputy Narcotics Chief from 2016 through 2018.
Before joining the U.S. Attorney’s Office, Ms. Freedman was an Assistant District Attorney in the Manhattan District Attorney’s Office for 16 years. She was the Chief of the Asian Gang Unit from 1997 through 2004.
Ms. Freedman has prosecuted a wide array of crimes and offenses during her career with a focus on organized crime, violent crime, and drug trafficking offenses including, since 2009, illegal distribution of controlled substance analogues and newly scheduled synthetic drugs.
Ms. Freedman grew up in Syracuse. She earned her law degree from New York Law School, and her undergraduate degree from Syracuse University.
Tioga County Man Sentenced for Failing to Register E-mail AccountsRead the Press Release
SYRACUSE, NEW YORK - Paul Wyak, age 49, of Spencer, New York, was sentenced yesterday to serve 21 months in prison, to be followed by 10 years of supervised release, for failing to register and update his registration as a sex offender.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and David L. McNulty, United States Marshal for the Northern District of New York
In addition to the term of imprisonment for failing to update his sex offender registration, Wyak was sentenced to a 14-month consecutive term of imprisonment for violating the conditions of his supervised release by committing new criminal conduct, failing to answer truthfully questions from his probation officer, having unapproved contact with a victim of a prior offense, and possessing an undisclosed internet capable device.
As part of his previously entered plea agreement, Wyak admitted that in 2008 he was convicted in the United States District Court for the Northern District of New York of distribution of child pornography. That conviction required Wyak to register as a sex offender for 25 years, and to keep that registration current with personal identifying information, including email accounts. Wyak admitted that although he maintained registration as a sex offender in the State of New York, he did not register at least one email account that he created despite knowing he has a continuing obligation under the law to do so.
This case was investigated by the United States Marshals Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York, and was prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney's offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Prominent North Country Hunting Guide Sentenced for Selling Guided Waterfowl Hunts over BaitRead the Press Release
SYRACUSE, NEW YORK - William “Bill” Saiff III, age 57, of Henderson, New York, was sentenced today in federal court in Syracuse to 3 years of probation after previously pleading guilty to a felony violation of the Lacey Act for hiring guides to lead paying hunters on illegal waterfowl hunts over baited ponds. The sentence was announced by Acting United States Attorney Antoinette T. Bacon; Ryan Noel, Regional Special Agent in Charge, U.S. Fish and Wildlife Service, Office of Law Enforcement; and Captain Jesse Paluch, New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigations (BECI).
Saiff is a professional hunting guide and fishing charter captain whose website advertises that for eighteen years he “hosted the popular hunting and shooting sports program Cabin Country as seen on Public Television Stations across the country.” In pleading guilty previously, Saiff admitted that in 2018 he repeatedly baited ponds in Jefferson County and sent hunting guides and paying clients to hunt wild ducks over those ponds while they were baited. Saiff admitted that he violated the Lacey Act[1] by charging a total of more than $350 for hunts in which he knew the wild ducks killed by the hunters were taken over bait in violation of the Migratory Bird Treaty Act (“MBTA”). According to the plea agreement, Saiff charged each hunter $300 per day of hunting, and the four illegal guided hunts to which he admitted in the plea agreement involved a total of 17 hunters.
As part of his sentence, Saiff was ordered to pay a $20,000 fine and to serve the first 120 days of his probation sentence on home confinement. While on probation, Saiff is prohibited from hunting, guiding, or operating a hunting or guiding business while he is on probation, though this prohibition does not extend to fishing charters. This sentence was pronounced by Senior United States District Judge Norman A. Mordue, who presides over the case.
In a separate proceeding before United States Magistrate Judge Thérèse Wiley Dancks, Saiff admitted that he was on federal probation in 2018 when he committed the offenses described above, having been convicted in federal court in Syracuse in 2017 for guiding illegal waterfowl hunts over bait in violation of the MBTA. Judge Dancks sentenced Saiff on the probation violation to an additional 90 days of home confinement (consecutive to the 120 days ordered by Judge Mordue), to be followed by a one-year term of supervised release, during which Saiff will be required to wear an ankle bracelet monitored by the Probation Department.
This case was investigated by U.S. Fish and Wildlife Service, Office of Law Enforcement, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigations (BECI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
[1] The Lacey Act makes it a crime “to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States . . . .” 16 U.S.C. § 3372(a)(1).
Fulton Man Pleads Guilty to Drug Trafficking OffensesRead the Press Release
SYRACUSE, NEW YORK – Tyler Hull, age 38, of Fulton, New York, pled guilty today to conspiring to unlawfully distribute and possess with the intent to distribute eutylone, a Schedule I controlled substance.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Hull admitted that from November of 2020 through December 22, 2020, he participated in a conspiracy to distribute eutylone to others 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.
Hull faces up to 20 years in prison, a fine of up to $1,000,000, and a term of post-release supervision of at least 3 years and up to life when he is sentenced by Senior United States District Judge Thomas J. McAvoy on March 9, 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 case is being 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 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 is being prosecuted by Special Assistant United States Attorney Adrian LaRochelle.
Former Liverpool Postal Carrier Sentenced for Stealing Gift Cards from MailRead the Press Release
SYRACUSE, NEW YORK – Thomas J. Joslin, age 58, of North Syracuse, New York, was sentenced today in federal court in Syracuse to 3 years of probation after previously pleading guilty to three felony counts of stealing gift cards from the mail while employed as a carrier with the United States Postal Service, announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPSOIG), Northeast Area Field Office.
In pleading guilty previously, Joslin admitted that he stole multiple gift cards from mail entrusted to him in Onondaga County between March 2019 and June 2019, including a $160 prepaid Mastercard rebate card; a $300 Dick’s Sporting Goods gift card; and a $40 prepaid Visa card. The defendant admitted that he targeted pieces of mail he believed contained gift cards, and that he used the stolen gift cards to buy different gift cards in an attempt to distance himself from the thefts. Joslin is no longer employed by the U.S. Postal Service.
As part of his sentence, Joslin must pay a $2,000 fine; make restitution payments $500 to the known victims of his offenses; and perform 50 hours of community service. The sentence was pronounced by Senior United States District Judge Frederick J. Scullin, Jr., who presides over the case.
This case was investigated by USPSOIG, and it was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Florida Man Pleads Guilty to Delmar Bank RobberyRead the Press Release
ALBANY, NEW YORK – Jesse Clarence Odum, age 35, of Pensacola, Florida, pled guilty today to an indictment charging him with robbing a Pioneer Bank branch.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Chief Gina F. Cocchiara of the Bethlehem Police Department (BPD).
As part of his guilty plea, Odum admitted that on May 2, 2015, he entered the Pioneer Bank branch located at 184 Delaware Avenue in Delmar, New York, stopped at a counter, wrote a note, and approached a teller. Odum then passed the teller the note, which instructed her to be silent and give him $10,000. The teller partially complied, and Odum fled the bank with $5,000 in cash.
Odum was subsequently arrested on May 26, 2015, by BPD officers, in the vicinity of the same Pioneer Bank branch.
Odum faces up to 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced by United States District Judge Mae A. D’Agostino on February 4, 2022. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and the Bethlehem Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Utica Man Sentenced to 24 Months for Aggravated Harassment of Albany VA EmployeesRead the Press Release
ALBANY, NEW YORK – Robert Seifert, age 63, of Utica, New York, was sentenced today to serve 24 months in prison for making telephonic threats to three employees of the Albany Stratton Veterans Affairs Medical Center (VAMC).
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Christopher Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs Office of Inspector General.
As part of his guilty plea on July 8, 2021, Seifert admitted that on January 14, 2021, he made successive calls to three separate employees at the Albany VAMC and left each of them threatening voicemails in which he used demeaning and offensive language that caused each of the employees to fear for their own safety and property.
United States Magistrate Judge Daniel J. Stewart also sentenced Seifert to serve 1 year of post-imprisonment supervised release.
This case was investigated by U.S. Department of Veterans Affairs Office of Inspector General, and the Veterans Affairs Police Service at the Albany VAMC, and was prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.
Syracuse Man Sentenced to 20 Years on Child Exploitation ConvictionsRead the Press Release
SYRACUSE, NEW YORK - Austin Pratt, age 24, of Syracuse, was sentenced in federal court today to serve 20 years in prison for Sexual Exploitation of a Child and Distribution of Child Pornography, announced Acting United States Attorney Antionette T. Bacon, 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 Bruen.
As a part of his earlier guilty plea, Pratt admitted that he used the Instagram name “redneck_pratt” to message with a person who represented themselves to be a 15-year-old girl, but who law enforcement later confirmed was an adult male from Nevada. Pratt admitted that in exchange for sexually explicit images from the “girl,” he sexually abused a 10-year-old child, produced images and a video of that abuse, and sent the images and video to the person he believed to be a 15-year-old girl.
In addition to the 20-year term of imprisonment, United States District Judge Hon. David N. Hurd imposed a term of 20 years of supervised release which will follow the term of incarceration. Pratt will also be required to register as a sex offender upon his release from federal prison.
This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency and the New York State Police as a part of the Mid-State Child Exploitation Task Force, in cooperation with the Syracuse Police Department and the Onondaga County District Attorney’s Office. It was prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
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.
Oneida Man Sentenced to 15 Years for Distributing and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Greg Gauthier, age 55, of Oneida, New York, was sentenced yesterday to 15 years in prison for distributing and possessing child pornography, announced Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police (NYSP) Superintendent Kevin P. Bruen.
As part of his prior guilty plea, Gauthier admitted that he used a social media messaging application to distribute images of child pornography over the internet, and that he possessed child pornography on his cellular telephone. A forensic review of Gauthier’s cellular telephone revealed that it contained 71 image files and 98 video files depicting child pornography.
Gauthier is currently serving 18 years to life for his 2017 state conviction in Oneida County for Predatory Sexual Assault Against a Child. Senior United States District Judge Hon. Thomas J. McAvoy ordered that the 15 year federal sentence be served consecutively to that state sentence.
Judge McAvoy also imposed a 15 year term of supervised release, which will start after Gauthier is released from federal prison, ordered Gauthier to pay restitution in the amount of $9,000, and to pay a $200 special assessment.
Gauthier also has a prior final conviction under New York State law relating to the possession of child pornography, in that in 2014, he was convicted in Oneida County Court of Possessing A Sexual Performance By A Child Less Than 16 Years of Age in violation of New York State Penal Law and was sentenced to 10 years’ probation.
Gauthier’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and Computer Crimes Unit (CCU) with assistance from the Oneida County District Attorney’s Office The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
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.
Chenango County Man Arraigned on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Brian T. Whipple, age 42, of New Berlin, New York was arraigned yesterday on an indictment filed by a federal grand jury charging him with Receipt and Possession of Child Pornography. The announcement was made by Acting United States Attorney Antoinette T. Bacon, Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and New York State Police Superintendent Kevin P. Bruen.
An indictment unsealed in federal court charges that from approximately 2009 through June 2020 the defendant used a peer-to-peer file sharing service connected to the internet to receive and download child pornography and that he possessed child pornography on multiple devices in June 2020.
If convicted, Whipple faces a mandatory minimum sentence of five years’ imprisonment, a maximum sentence of 20 years’ imprisonment, a fine of up to $250,000, and a term of supervised release of between five years and life. Whipple also would have to register as a sex offender. 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.
Whipple was detained in federal custody pending a detention hearing scheduled before United States Magistrate Judge Miroslav Lovric on October 8, 2021.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case was investigated by Homeland Security Investigations in cooperation with the New York State Police and the Chenango County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Baldwinsville Man Pleads Guilty to Supplemental Security Income FraudRead the Press Release
SYRACUSE, NEW YORK – George Rawda, age 57, of Baldwinsville, New York, pled guilty today to concealing information from the Social Security Administration (SSA) in order to defraud SSA into paying Supplemental Security Income (SSI) benefits to a family member, who was otherwise ineligible to receive such benefits.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.
As part of his guilty plea, Rawda admitted that from November of 2014 through October of 2020, while acting as representative payee for a family member, Rawda concealed and failed to disclose that the family member was residing outside of the United States in order to deceive SSA into making benefit payments to the family member who was otherwise ineligible to receive SSI benefit payments. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for basic living expenses. A representative payee is a person or organization who has agreed to receive and use Social Security benefits on a beneficiary’s behalf. A representative payee is also responsible for reporting any change in the beneficiary’s circumstances including a change to income, resources, and whether the beneficiary leaves the country for more than 30 consecutive days.
As a result of his conviction, Rawda 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. Sentencing is scheduled for February 9, 2022, before 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 the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Skaneateles Man Arraigned on Child Pornography ChargeRead the Press Release
SYRACUSE, NEW YORK – Marc L. Leonardis, age 49, of Skaneateles, New York, was arraigned today on an indictment filed by a federal grand jury charging him with Receipt of Child Pornography, announced Acting United States Attorney Antoinette T. Bacon, 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.
An indictment unsealed in federal court charges that from April through June of 2021 Leonardis used an instant messaging application to knowingly receive image and video files of child pornography.
If convicted, Leonardis faces a mandatory minimum sentence of 5 years, and a maximum sentence of 20 years imprisonment, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and will have to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Leonardis is detained in federal custody pending a detention hearing scheduled before United States Magistrate Miroslav Lovric on Thursday, October 7, 2021.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case was investigated by the Federal Bureau of Investigation’s Capital Area and Mid-State Child Exploitation Task Forces, in cooperation with the New York State Police. It is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
Watertown Man Charged with Possession of a Sawed-Off ShotgunRead the Press Release
SYRACUSE, NEW YORK – Rafael Rondon, age 23, of Watertown, New York was arraigned today in federal court in Syracuse on an indictment charging him with possession of an unregistered sawed-off shotgun at his residence, announced Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Rafael Rondon and his mother, Maryann Mooney-Rondon, 55, of Watertown, New York, both also appeared in court on a criminal complaint filed in the United States District Court for the District of Columbia containing the following charges stemming from the January 6, 2021 incident at the United States Capitol Building in Washington, D.C.
Theft of Government Property, 18 U.S.C. §§ 641 and 2 (Misdemeanor)
Obstruction of an Official Proceeding, 18 U.S.C. § 1512(c)(2) (Felony)
Entering/Remaining a Restricted Building, 18 U.S.C. § 1752(a)(1) (Misdemeanor)
Disorderly Conduct in a Restricted Building, 18 U.S.C. § 1752(a)(2) (Misdemeanor)
Entering/Remaining the Gallery of Congress, 40 U.S.C. § 5104(e)(2)(B) (Misdemeanor)
Entering/Remaining in Certain Rooms of Capitol Building, 40 U.S.C. § 5104 (e)(2)(C) (Misdemeanor)
Disorderly Conduct in Capitol Building, 40 U.S.C § 5104(e)(2)(D) (Misdemeanor)
Both Rafael Rondon and Maryann Mooney-Rondon appeared today in Syracuse, New York, before United States Magistrate Judge Therese Wiley-Dancks, and were released pending further court proceedings.
The charge against Rafael Rondon alleging his possession of an unregistered sawed-off shotgun carries a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of up to 3 years.
A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. The charges in the indictment and criminal complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
These cases are being investigated by the Federal Bureau of Investigation (FBI), the United States Capitol Police, and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), with assistance from the New York State Police. The indictment charging Rafael Rondon in United States District Court for the Northern District of New York is being prosecuted by Assistant U.S. Attorneys Stephen Green and Richard Southwick. The case involving the January 6, 2021, Capitol breach is being prosecuted by the United States Attorney’s Office for the District of Columbia.
Jury Convicts Madison County Man of Drug ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Ernest Shaw, Sr. of New Woodstock, New York, was convicted yesterday of conspiracy to distribute and possess with intent to distribute in excess of five kilograms of cocaine, and 28 grams of cocaine base (crack) following a five-day jury trial in United States District Court in Syracuse, announced Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
During the trial, evidence was presented that proved Ernest Shaw, Sr. conspired with others from September 2017 to September 25, 2019, to distribute and possess with intent to distribute cocaine and cocaine base in the Syracuse area. As part of the verdict, jurors unanimously found that the defendant’s part in the conspiracy involved in excess of 5 kilograms of cocaine and 28 grams of cocaine base (crack). The trial evidence included the seizure of over 171 grams of powder cocaine and over 80 grams of crack cocaine from a stash house in Nedrow, New York used by Shaw to store drugs prior to distributing them to drug dealers and drug users in the Syracuse area. Following the jury verdict yesterday, Ernest Shaw, Sr. agreed to the forfeiture of $36,335.00 in cash seized as drug proceeds by DEA during the execution of a search warrant at his home in New Woodstock, New York on September 25, 2019. Shaw also agreed to a forfeiture money judgment in the amount of $105,000.00 for unrecovered proceeds he acquired during the conspiracy through the sale of cocaine and cocaine base (crack).
Ernest Shaw, Sr. was previously convicted of conspiracy to distribute and possess with intent to distribute cocaine in federal court in Syracuse in March 2007. He pled guilty and was sentenced to serve 41 months in federal prison in that case.
Sentencing is scheduled for February 3, 2022 in Syracuse, New York, at which time the defendant faces a mandatory minimum sentence of 15 years and a maximum sentence of life imprisonment, a fine of up to $20,000,000.00, and a period of supervised release of at least 10 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Drug Enforcement Administration (DEA)-Syracuse Resident Office, which includes Task Force Officers from the City of Auburn Police Department, the City of Syracuse Police Department, the New York State Police, and the Oneida County Sheriff’s Office. Other Agencies that assisted in this investigation included the New York State Police, the Onondaga County Sheriff’s Office, Investigators from the Onondaga County District Attorney’s Office, and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI). The case is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe and Assistant U.S. Attorney Richard Southwick.
Utica Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – John Seiselmyer, age 49, of Utica, New York, was arrested today and charged with possessing child pornography. The announcement was made by Acting United States Attorney Antoinette T. Bacon, 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.
According to the criminal complaint, Seiselmyer possessed videos of child pornography on his home computer. Seiselmyer is a registered sex offender who was convicted in 2007 of Criminal Sexual Act in the First Degree with a victim who was less than 11 years old. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge against Seiselmyer carries a mandatory minimum sentence of 10 years and a maximum of 20 years in prison, a post-release term of supervision of between 5 years and life, and a fine of up to $250,000. 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.
Seiselmyer made his initial appearance today before United States Magistrate Judge Therese Wiley Dancks and was detained pending further proceedings.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), with assistance from the Utica Police Department. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Troy Felon Charged with Unlawful Possession of a FirearmRead the Press Release
ALBANY, NEW YORK – Justin Smith, age 21, of Troy, New York, was ordered detained on Friday pending trial on a charge that he unlawfully possessed a firearm as a felon.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The complaint alleges that Smith, a felon, possessed a handgun in Troy on or about March 5, 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 FBI and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Dustin Segovia.
Ulster County Man Sentenced to 35 Months for Failing to Register as a Sex OffenderRead the Press Release
ALBANY, NEW YORK – Delbert Tibbs, age 28, was sentenced today to 35 months in prison, to be followed by a 5-year term of supervised release, for failing to register in New York as a sex offender after he fled Tennessee and relocated to Ellenville, New York.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.
On April 9, 2021, Tibbs pled guilty to one count of failure to register as a sex offender. During his plea hearing, Tibbs acknowledged that, due to two sexual assault convictions in 2015 in Tennessee, he is required to register under the Sex Offender Registration and Notification Act and to keep that registration current. Tibbs also acknowledged that, following his departure from Tennessee, which he accomplished by removing a court-required GPS tracking device, he did not timely register his change of address with authorities in either Tennessee or New York.
This case was investigated the United States Marshals Service and prosecuted by Assistant United States Attorney Emily C. Powers.
Rensselaer County Businessman Sentenced for Wire FraudRead the Press Release
ALBANY, NEW YORK – Daren Arakelian, age 53, of Rensselaer, New York, was sentenced today to three months in jail for a wire fraud scheme to import Chinese goods into the United States and then causing his company, Great 4 Image, Inc., to deceptively market and sell those goods to federal agencies as U.S.-made.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Patrick J. Hegarty, Special Agent in Charge, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Northeast Field Office; Joseph Dattoria, Special Agent in Charge of the General Services Administration, Office of the Inspector General (GSA-OIG); Brian C. McCarthy, Special Agent in Charge of the New York Field Office of the Department of Homeland Security, Office of the Inspector General (DHS-OIG); and Larry S. Moreland, Special Agent in Charge, Mid-Atlantic Fraud Field Office, U.S. Army Criminal Investigation Division.
Arakelian owned and operated Great 4 Image, a company that contracted with various federal agencies to produce backpacks, duffle bags, cinch bags, hydration packs, t-shirts and individual suspension trainers. Each of his company’s contracts required Great 4 Image to comply with the Buy American Act and/or the Trade Agreements Act, laws that Congress enacted for the purposes of promoting the United States’ trade interests.
The Buy American Act restricts the federal government’s purchase of goods that are not domestic end products. The Trade Agreements Act establishes additional restrictions on purchases of products made outside the United States, and generally prohibits government contracting officials from purchasing products that are not entirely from, or substantially transformed in, the United States or a designated country. The Trade Agreements Act effectively waives the requirements of the Buy American Act for designated countries. China is not a designated country.
As part of his March 2020 civil settlement with the United States and his guilty plea, Arakelian admitted that he devised and implemented a scheme to defraud the federal government by causing Great 4 Image to import goods, including thousands of backpacks and suspension trainers that were made in China, into the United States and then passing them off as compliant with the Buy American Act and the Trade Agreements Act. In carrying out this scheme, Arakelian made various verbal and written statements to federal officials falsely claiming to have domestically manufactured the goods that he knowingly imported from China.
Chief United States District Judge Glenn T. Suddaby also ordered Arakelian to serve a 2-year term of supervised release, to begin after Arakelian is released from prison, as well as perform 100 hours of community service. Arakelian went into custody immediately after his sentencing.
The investigation was the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, GSA-OIG, DCIS, DHS-OIG, and the U.S. Army Criminal Investigative Command. The U.S. Department of the Treasury’s Office of Inspector General also provided investigative support. The criminal case was prosecuted by Assistant United States Attorney Joshua R. Rosenthal. The civil case was handled by Assistant United States Attorney Adam J. Katz.
Hogansburg Man Sentenced to 30 Months for Marijuana ConvictionsRead the Press Release
ALBANY, NEW YORK – Tyren Terrance, age 26, of Hogansburg, New York, was sentenced today to 30 months in prison for conspiring to distribute, and possessing with intent to distribute, 100 kilograms or more of marijuana. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his May 2021 guilty plea, Terrance admitted that on August 20, 2020, he and a co-conspirator used two pickup trucks to transport 10 hockey bags containing approximately 200 kilograms of marijuana through the Northern District of New York with the intent to distribute the drugs in the New York City area.
Chief United States District Judge Glenn T. Suddaby also ordered Terrance to serve 3 years of post-imprisonment supervised release and forfeit $35,000 as proceeds of Terrance’s offenses.
This case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
Fulton County Felon Sentenced for Possession of Firearms and Distribution of MarijuanaRead the Press Release
ALBANY, NEW YORK – Robert H. Stone, age 54, of Mayfield, New York, was sentenced today to serve 39 months in prison for unlawfully possessing three firearms as a felon and to possessing marijuana for the purpose of distribution.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and New York State Police Superintendent Kevin P. Bruen.
Senior United States District Judge Lawrence E. Kahn also sentenced Stone to a 3-year term of supervised release upon his release from prison.
As part of his guilty plea on April 28, 2021, Stone, who has prior felony convictions for drug and weapons offenses, admitted that in October 2020, he possessed two shotguns and a rifle at his residence in Gloversville, and 3.8 kilograms of marijuana and 1,395 rounds of pistol, rifle and shotgun ammunition on his 46-acre property in Mayfield.
This case was investigated by ATF and the New York State Police, and 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.
Former SUNY Student Pleads Guilty to Unemployment Insurance FraudRead the Press Release
BINGHAMTON, NEW YORK – Makahi Daevon Bryant, age 20, of Brooklyn, New York, pled guilty today to fraudulently obtaining over $13,000 in unemployment insurance benefits from the State of California.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); 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 guilty plea to one count of access device fraud, Bryant admitted that he obtained debit cards containing California unemployment insurance benefits in the names of other individuals. During September and October 2020, while he was a student at the State University of New York at Delhi (SUNY Delhi), Bryant effected unauthorized transactions using the debit cards to obtain cash, goods, and services.
Sentencing is scheduled for January 26, 2022, in Binghamton, before Senior United States District Judge Thomas J. McAvoy. Bryant faces a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by HSI and USDOL-OIG, with assistance from the University Police Department at SUNY Delhi, and is being prosecuted by Assistant U.S. Attorney John T. Chisholm.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Binghamton Sex Offender Sentenced for Failing to Register his Change of AddressRead the Press Release
SYRACUSE, NEW YORK – Timmy Rifenburg, age 45, of Binghamton, New York, was sentenced today to serve a total of 40 months in prison, to be followed by 10 years of supervised release, for violating the terms of his supervised release and failing to register as a sex offender after he moved from Binghamton to Johnson City, New York, without updating his sex offender registration.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.
On May 19, 2021, Rifenburg pled guilty to one count of failure to register as a sex offender. As part of his guilty plea, Rifenburg admitted that due to his 2008 federal conviction for possession of child pornography, he was required to register under the Sex Offender Registration and Notification Act (“SORNA”) and keep that registration current. Rifenburg admitted that after he moved, he failed to register his change of address with New York State within 3 business days after his move.
Rifenburg also admitted to three violations of his supervised release conditions. Senior United States District Judge Thomas J. McAvoy sentenced Rifenburg to 24 months in prison for those violations, to run consecutive to a 16-month sentence for the SORNA offense.
This case was investigated by the United States Marshals Service and prosecuted by Assistant U.S. Attorney Tamara Thomson.
Greene County Man Pleads Guilty to Computer Hacking ChargeRead the Press Release
ALBANY, NEW YORK – Michael J. Radcliffe II, a/k/a “Mystical,” age 28, of Elka Park, New York, pled guilty today to conspiring to commit computer fraud, a misdemeanor.
The announcement was made by Acting United States Attorney Antionette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty, Radcliffe admitted that he used Internet-connected computers to create and maintain botnets[1] for the purpose of engaging in Distributed Denial of Service (“DDOS”) attacks.[2] He also admitted that from 2012 through October 2, 2018, he conspired with others to use botnets to carry out DDOS attacks
Radcliffe faces up to a year in prison when United States District Judge Mae A. D’Agostino sentences him on January 21, 2021. 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 and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
[1] “Botnet” is a term for a network (i.e., “net”) of computers that have been infected with malicious software (“malware”), allowing the infected computers to be used by the operator to perform repetitive functions, similar to a robot (i.e., “bot”). The operator of a botnet can simultaneously command and control the infected computers in a botnet without the authorization and knowledge of the computers’ owners.
[2] A DDOS attack involves using a large network of computers, usually a botnet, to bombard an Internet-connected computer with repeated requests for information, to disable the computer by overloading it with too much information simultaneously.