Northern District of New York

ALBANY, NEW YORK – Terence Ratigan, age 39, of Troy, New York, appeared in federal court yesterday on child pornography charges.  The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

A criminal complaint alleges that Ratigan distributed child pornography over the internet.  The charge in the criminal complaint is merely an accusation.  The defendant is presumed innocent unless and until proven guilty.

The charge against Ratigan carries a mandatory minimum sentence of 5 years and a maximum of 20 years in prison, a post-release term of supervision of between 5 years and life, and a fine of up to $250,000.

Ratigan made his initial appearance yesterday before United States Magistrate Judge Daniel J. Stewart.  Ratigan requested to adjourn his detention hearing, set for today, to a later date.  Ratigan will remain detained pending future hearings in this matter.

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Rotterdam, Troy, and Colonie Police Departments and the New York State Police.   The case is being prosecuted by Assistant U.S. Attorney Rachel Williams.

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

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

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

United States Attorney Carla B. Freedman stated: “Guy Cuomo and his co-conspirators ran a boiler room for identity theft.  They used personal identifying information to trick state workforce agencies into disclosing the last known places of employment for thousands of victims.  The defendants then sold this place-of-employment information to debt collectors, generating nearly $1 million in sales.  Yesterday’s guilty verdict, on all counts, means Guy Cuomo will be going to prison for his leadership role in this despicable scheme.”    

USDOL-OIG Special Agent in Charge Jonathan Mellone stated: “As found by the jury, Guy Cuomo worked in concert with his co-conspirators to systemically create unemployment insurance accounts in multiple state workforce agencies’ computer systems using the social security numbers and other personal identifiers of unknowing victims.  Once in those accounts, Cuomo and his co-conspirators stole the protected employment information of the victims and sold that data commercially.  Yesterday’s guilty verdict and the preceding guilty pleas secured in this case are a testament to our office’s unwavering commitment to investigate and bring to justice those who compromise the integrity of the unemployment insurance system.”

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

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

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

At sentencing on March 16, 2022 before Senior U.S. District Judge Thomas J. McAvoy, Cuomo faces a mandatory 2-year term of imprisonment on the aggravated identity theft charges and up to 20 years in prison on the remaining charges.  His co-defendants pled guilty to the following charges and face the following terms of imprisonment when they are sentenced:

Defendant

Charge(s)

Maximum Prison Sentence

Jason “J.R.” Trowbridge a/k/a “Ted Frost,” age 42, of Frederick, Maryland

Conspiracy, misuse of social security number, aggravated identity theft

Agreed-upon sentence of 39 months subject to approval by the Court

Robin Chapin a/k/a “Thomas Price,” age 63, of Frederick, Maryland

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

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

Rebecca Fogle a/k/a “Roxanne Morris” and “Jessica Felton,” age 27, of Woodsboro, Maryland

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

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

Shamair Brison a/k/a “Felicia Carter,” age 36, of Frederick, Maryland

Aggravated identity theft

Two years

Sarah Bromfield a/k/a “Nicole Wagner,” age 41, of Frederick, Maryland

Aggravated identity theft

Two years

Anna Hardy a/k/a “Sarah Thomas,” age 68, of Frederick, Maryland

Aggravated identity theft

Two years

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

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

SYRACUSE, NEW YORK – Lawrence Berry, age 28, of Marathon, New York was sentenced today by United States District Court Judge David N. Hurd to 30 years’ imprisonment for sexual exploitation of a child. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

As part of his previously entered guilty plea, Berry admitted that he conspired with Brittany Berry (who has pled guilty to her role in the offense and is scheduled to be sentenced in December 2021) to sexually exploit a 3-year-old minor child in August and September of 2018 and that he directed Brittany Berry to sexually exploit the child on five different occasions for the purpose of creating and sending images and videos (live and recorded) of the sexual abuse to him over the internet.

In addition to the imprisonment term, Judge Hurd sentenced Berry to 25 years of supervised release to begin after he serves his term of imprisonment. Upon release from prison, Berry also will be required to register as a sex offender in any state where he lives, is employed, or is a student.

This case was investigated by the FBI and the City of Cortland Police Department and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian and Special Assistant U.S. Attorney Adrian LaRochelle as part of Project Safe Childhood.

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

ALBANY, NEW YORK – Fallon Wellness Pharmacy LLC (“Fallon”), of Latham, New York, has agreed to pay $7,150 to resolve allegations that it improperly filled intranasal ketamine prescriptions that raised “red flags.”  Fallon admitted to dispensing ketamine to patients who were being treated by two Albany-area doctors who have since lost their ability to prescribe controlled substances.

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

“Fallon Wellness Pharmacy has accepted responsibility for dispensing ketamine prescriptions that never should have been written or filled,” said Carla Freedman, United States Attorney for the Northern District of New York.  “Whenever a pharmacy receives a suspicious prescription, it must consult the New York State’s Internet System for Tracking Over-Prescribing (I-STOP) Prescription Monitoring Program (PMP). We will continue to use the Controlled Substances Act to prevent and deter the illegal distribution of controlled substances.” 

“A DEA regulatory investigation uncovered suspicious prescriptions associated with Fallon Wellness Pharmacy,” said DEA Acting Special Agent in Charge Keith Kruskall.  “Numerous red flags found by investigators indicated that this pharmacy was involved in illegitimate and reckless dispensing.  I applaud the investigators and our law enforcement partners on this investigation.”

Ketamine is a Schedule III controlled substance that causes sedative and dissociative effects.  It has legitimate medical uses, such as surgical anesthesia, and other “off label” uses, but it is also  abused recreationally as a “party drug.”  

Beginning in 2018, two Albany-area physicians, Dr. Scott McMahon and Dr. Larry Bruni, began prescribing intranasal ketamine for substance abuse patients to self-administer intranasally.  Fallon filled many of these ketamine prescriptions.  In 2019, the DEA arrested McMahon for crimes associated with his prescribing practices.  Fallon personnel knew of McMahon’s arrest, and were aware that approximately one-third of McMahon’s ketamine patients promptly migrated to Bruni after McMahon’s arrest.  These same patients were also suffering from a substance abuse disorder, which would have been apparent to Fallon personnel, had they checked the PMP data.  Fallon continued filling the ketamine prescriptions written by Bruni until December 2020, when the United States Attorney’s Office made an inquiry. 

This settlement resolves allegations that by continuing to fill the ketamine prescriptions after McMahon’s arrest, and not checking the PMP, Fallon ignored “red flags” and failed to comply with its corresponding duty under 21 C.F.R. § 1306.04, to fill only prescriptions that are written for a legitimate medical purpose within the usual course of a professional practice.

Both McMahon and Bruni admitted to writing intranasal ketamine prescriptions that lacked a legitimate medical purpose and were outside the usual course of professional medical practice.  McMahon was also sentenced to 38 months in prison for unlawful drug distribution and aggravated identity theft. 

This case was investigated by the DEA Albany District Office Diversion Group.  Assistant United States Attorney Christopher R. Moran represented the United States in this matter.  

ALBANY, NEW YORK – Jay Scott Cloutier, age 58, of Lyman, Maine, pled guilty yesterday to attempting to coerce and entice a minor to engage in sexual acts with him and to receiving child pornography. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Cloutier admitted that, between April 2019 and September 2019, he exchanged sexually explicit text messages with an undercover officer posing as a 14-year-old child, in an attempt to entice the child into engaging in sexual acts with him.  On September 20, 2019, he traveled from Maine to a prearranged meeting location in Colonie, New York, with the intent to engage in sexual acts with the 14-year-old child.  Cloutier also admitted to having solicited and received a sexually explicit image of a 17-year-old child in November 2019 and a sexually explicit image of a 15-year-old child in February 2018.

Cloutier faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life.  Senior United States District Judge Thomas J. McAvoy will sentence him on March 15, 2022. 

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies.  This case is being prosecuted by Assistant United States Attorney Dustin C. Segovia as part of Project Safe Childhood.

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

SYRACUSE, NEW YORK – Gregory Malecki, age 49, of Bridgeport, New York, was sentenced yesterday to time served (6 months) and 25 years of supervised release for failing to register an email address with the New York State Sex Offender Registry, as required by law.

The announcement was made by United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York.

As part of his previously entered guilty plea, Malecki admitted that in 2009 he was convicted in the United States District Court for the Northern District of New York of Attempted Coercion and Enticement of a Minor, for which he served a sentence of 10 years in federal prison.  That conviction requires Malecki to register as a sex offender and to keep his registration current with personal identifying information, including internet and email accounts. Malecki admitted that although he maintained registration as a sex offender in the State of New York, for nearly two years he intentionally failed to register an email account that he created despite knowing he has a continuing obligation under the law to do so.

In addition to the term of imprisonment for failing to update his sex offender registration, Malecki was sentenced to a concurrent term of time served (202 days) for violating the conditions of his supervised release, including committing new criminal conduct, possessing sexually explicit images, failing to truthfully provide required information on his monthly probation reports, and possessing an undisclosed internet capable device.

This case was investigated by the United States Marshals Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York and was prosecuted by Assistant United States Attorney Lisa M. Fletcher.

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

WASHINGTON – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS) Hiring Program.  The awards provide direct funding to 183 law enforcement agencies across the country, allowing those agencies to hire 1,066 additional full-time law enforcement professionals.

In the Northern District of New York, the City of Schenectady was awarded $125,000, and St. Lawrence County was awarded $125,000. 

“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland.  “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”

“We are proud that two of our law enforcement partners, in the City of Schenectady and in St. Lawrence County, received substantial awards that will allow them to devote more resources to proactive, community policing,” said United States Attorney Carla B. Freedman.  “The COPS Hiring Program exemplifies our commitment to invest in prevention and intervention programs in our communities, as we simultaneously work to investigate and prosecute the most significant bad actors in our cities and counties.”

The COPS Hiring Program (CHP) is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based response to persons in crisis.  The complete list of awards can be found here. 

Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers.  CHP, COPS’ flagship program, continues to be in demand today: In fiscal year 2021, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For fiscal year 2022, President Biden has requested $537 million for CHP, an increase of $300 million.

To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.  

The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.

SYRACUSE, NEW YORK – Sean Okrzesik, age 34, of Syracuse, pled guilty today to charges of theft of government property and aggravated identity theft.  

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

The charges relate to Okrzesik’s use of the names and Social Security numbers of Supplemental Security Income (SSI) beneficiaries or their representative payees in order to steal SSI benefit payments.  Okrzesik’s conduct occurred while he was employed in the Syracuse District Office of the Social Security Administration (SSA).  SSI is a federal income supplement program funded by general tax revenue. The program is designed to help the elderly and people with disabilities, with little or no income, cover the costs of basic needs.

As part of his guilty plea, Okrzesik admitted that from February 2020 through February 2021, he opened bank accounts using the names and Social Security numbers of various SSI beneficiaries or their representative payees.  Okrzesik also admitted that once these accounts had been created, he would divert SSI benefit payments intended for these beneficiaries into the accounts, which he then used to pay personal expenses including the purchase of video gaming equipment, a custom suit, jewelry, airline tickets to the Caribbean, and online gambling.  The total amount of SSI benefits stolen by Okrzesik was $103,798.77.

Sentencing is scheduled for March 16, 2022, in Utica, before United States District Judge David N. Hurd.  On the two counts of theft of government property, Okrzesik faces a maximum term of imprisonment of 10 years, a fine of up to $250,000, and a term of supervised of up to 3 years.  On the aggravated identity theft count, Okrzesik faces a mandatory term of two years in federal prison which must run consecutively to the sentence imposed on the other counts of conviction.

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

This case was investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

ALBANY, NEW YORK – Colleen McAvoy, age 54, of Shushan, New York, pled guilty today to stealing cash, gift cards and other valuable items from mailed packages while employed as a letter carrier. 

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

From August 2018 to October 2020, McAvoy was a part-time letter carrier for the USPS in Washington County, New York, based at the Cambridge Post Office.  In pleading guilty, she admitted to opening mailed packages in order to steal U.S. currency, gift cards and lottery tickets contained inside of those packages.  She admitted to stealing items worth a total of approximately $4,889.25. 

McAvoy, who pled guilty to mail theft, faces up to 5 years in prison when Senior United States District Judge Lawrence E. Kahn sentences her on March 16, 2022.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  McAvoy has also agreed to pay restitution. 

This case was investigated by the USPS, Office of the Inspector General, with assistance from the Village of Cambridge (N.Y.) Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Stan Johnson, age 23, of the Bronx, New York, was arraigned today on an indictment charging him with unlawfully breaching a perimeter fence, entering an unoccupied aircraft, and entering the terminal at the Albany International Airport on May 24, 2021.

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

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

Johnson was arraigned today in Albany, before United States Magistrate Judge Daniel J. Stewart, and ordered detained pending trial.

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

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

ALBANY, NEW YORK – Christopher Pence, age 41, of Cedar City, Utah, was indicted last week for using the Internet to solicit and pay for the murders of two individuals in Rensselaer County.

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

According to the indictment and a previously filed criminal complaint, between July 16 and August 9, 2021, Pence used a computer at his residence in Utah to connect to a darknet website that offered the services of “hitmen,” and paid approximately $16,000 in Bitcoin for the murder of two individuals residing in Rensselaer County. The intended victims were not harmed.

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

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

Pence was arrested in Utah on October 27.  A magistrate judge in Utah ordered him detained and transferred in custody to the Northern District of New York.  His arraignment in Albany federal court will take place at a later date.  

This case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.

SYRACUSE, NEW YORK – An individual indicted under the name John Doe, age unknown, of Owego, New York, was arrested on Wednesday on charges of Supplemental Security Income (SSI) fraud and aggravated identity theft.  The charges relate to Doe’s use of the name, Social Security number, and date of birth of another person to apply for and obtain SSI benefits to which he was not entitled, beginning in 1999 and continuing through the present. Doe’s true identity has yet to be confirmed.

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

Doe was arraigned on the indictment in United States District Court in Syracuse, New York and was ordered detained pending trial to be scheduled at a later date.

If convicted of SSI fraud, Doe faces a maximum term of imprisonment of five years, a fine of up to $250,000, and a term of supervised of up to three years. If convicted of aggravated identity theft, Doe faces a mandatory minimum sentence of two years in federal prison.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

This case is being investigated by the Social Security Administration Office of the Inspector General, the Tioga County Sheriff’s Office, and the Tioga County Department of Social Services and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

ALBANY, NEW YORK - Markhwan Berning, age 37, of Saratoga Springs, New York, was sentenced today to a year of probation for misusing a social security number.

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

As part of his previously entered guilty plea, Berning admitted that between May and July 2020, he obtained unemployment insurance benefits, including federal pandemic-related benefits, by falsely presenting to the New York State Department of Labor a fake social security number as his own.

Senior United States District Judge Lawrence A. Kahn also ordered Berning to pay a $2,000 fine and $16,383 in restitution to New York State.

This case was investigated by DOL-OIG, with assistance from the Federal Bureau of Investigation and the New York State Department of Labor, Office of Special Investigations, and was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

SYRACUSE, NEW YORK - A federal trial jury in Utica convicted a Rome, New York couple and their son today for conspiring to defraud the United States and for tax evasion, announced United States Attorney Carla B. Freedman, Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division, New York Field Office.

According to evidence presented at trial and court documents, John Zourdos, his wife Helen Zourdos, and their son Dimitrios Zourdos, all of Rome, New York, operated the three Dipping Donuts stores with locations in Rome and New Hartford. From 2013 to 2017, the defendants concealed more than $2.8 million in cash sales from the IRS, and evaded more than $650,000 in individual taxes, by depositing cash directly into their personal bank accounts instead of business bank accounts, providing incomplete information to their accountant, and causing their accountant to file false individual and corporate tax returns with the IRS. The defendants also used unreported cash sales to fund a lavish lifestyle that included, among other things, the purchase of multiple luxury vehicles. Evidence at trial further showed that the defendants paid some employees “off the books” cash wages for overtime hours. They paid other employees entirely “off the books” in cash for all hours worked.

John, Helen, and Dimitrios Zourdos were each convicted of one count conspiracy to defraud the United States, seven counts of tax evasion, and seven counts of aiding and assisting in the filing of false corporate tax returns. Sentencing hearings for all three defendants will be scheduled at a later date. All face a maximum penalty of up to five years in prison on each count of conspiracy and tax evasion, and three years in prison on each count of assisting the filing of false tax returns, fines of up to $250,000.00 or twice the pecuniary gain, and a three (3) year term of supervised release to follow any incarceration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The IRS Criminal Investigation Division investigated the case.

Assistant Chief John N. Kane of the Justice Department’s Tax Division and Assistant U.S. Attorney Michael F. Perry of the U.S. Attorney’s Office are prosecuting the case.

ALBANY, NEW YORK – Jean Patrice Delia, age 46, of Montreal, Canada, was sentenced today to 24 months in prison for conspiring to steal trade secrets from the General Electric Company (GE).

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

As part of his guilty plea entered on December 10, 2019, Delia admitted that he conspired with his business partner and co-defendant, Miguel Sernas, to compete against GE using trade secrets Delia stole from GE while employed by GE in Schenectady, New York.  Delia admitted that he and Sernas, operating as ThermoGen Power Services, used the stolen trade secrets, as well as stolen marketing data, pricing information, and other confidential GE documents, to compete against GE around the world. 

Delia, who was employed by GE as an engineer from 2001 through 2012, admitted to conspiring with Sernas from 2008 through 2019. 

United States District Judge Mae A. D’Agostino also ordered Delia to pay $1.4 million in restitution. Judge D’Agostino also ordered Delia to jail, denying his request for a date on which to self-report to prison.

Sernas, a citizen and resident of Mexico, was sentenced on December 10, 2019 to time served (approximately 12 months in jail) and ordered to pay $1.4 million in restitution.

This case was investigated by the FBI, and was prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Michael Barnett.

SYRACUSE, NEW YORK - Michael Mayhew, age 56, of Rome, New York, pled guilty today to one count of receipt of child pornography and three counts of possession of child pornography.

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

Mayhew, who remains detained pending his sentencing scheduled for March 9, 2022, before Chief United States District Judge Glenn T. Suddaby in Syracuse, New York, faces at least 5 years and up to 20 years in prison, and a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Mayhew will also be required to register as a sex offender.

As part of his guilty plea, Mayhew admitted that in December of 2018 he took photographs of a 6 year old child naked in his bathroom using his cellular telephone, including images that captured the child’s genitals.  He also admitted that in 1993 and 1994 he secretly video recorded 3 children under the age of 12 in his home, again capturing videos of them naked and in two instances with their genitals visible  He further admitted that from 2010 to 2015 he downloaded numerous graphic video files of minors engaged in sexually explicit conduct from the internet. Finally, Mayhew admitted that in March of 2019 he possessed 184 images of child pornography on an electronic storage device in his home as well as the videos he took in 1993 and 1994 on two separate VHS tapes.

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

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

ALBANY, NEW YORK – Derek Luch, age 49, of Troy, New York, appeared in federal court today on charges that he received and possessed child pornography.

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

A criminal complaint alleges that on or about November 4, 2021, Luch possessed more than 100 images of child pornography, including images of pre-pubescent minors from the ages of 8 to 12 years old. Luch is also charged with using an internet-based peer-to-peer network to download and receive child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Luch initially appeared today before United States Magistrate Judge Daniel J. Stewart.  He waived his right to a detention hearing, and will remain detained pending trial. 

If convicted, Luch faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Luch would also be required to register as a sex offender.

This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators.  The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping as part of Project Safe Childhood. 

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

SYRACUSE, NEW YORK - Luis Carrasquillo, age 34, of Syracuse was sentenced today to serve 71 months in federal prison for his membership in a conspiracy to distribute controlled substances, and his previous guilty plea to distribution of a mixture of heroin and fentanyl, as well as cocaine, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), and Chief Kenton Buckner, City of Syracuse Police Department.

As part of his previous guilty plea, Carrasquillo admitted that he conspired with Waldemar Colon and Isidro De Los Santos to sell heroin mixed with fentanyl, and cocaine from De los Santos’s apartment on Gifford Street in Syracuse as part of a conspiracy that existed from December 2018 through January 31, 2019. Carrasquillo also pled guilty to aiding and abetting the sale of a mixture of heroin and fentanyl, as well as a separate quantity of cocaine on December 6, 2018.

On January 31, 2019, ATF Special Agents assisted by DEA and the Syracuse Police Department-Intelligence Unit executed a federal search warrant at Isidro De Los Santos’s residence and recovered over twenty-one ounces (608 grams) of heroin mixed with fentanyl in two packages. A federal search warrant executed at the adjacent apartment of another involved defendant, Anthony Moreno, on the same day resulted in the seizure of over 18 ounces (521grams) of cocaine.

Carrasquillo was also ordered to serve a 3-year term of supervised release following his prison sentence.

Isidro De Los Santos pled guilty to conspiracy to possess with intent to distribute controlled substances, and distribution of controlled substances, and was sentenced on November 13, 2020 to serve a sentence of nine years (108 months) in prison, and a 5-year term of supervised release.

Anthony Moreno pled guilty to conspiracy to possess with intent to distribute controlled substances, and on November 17, 2020 was sentenced on to serve 51 months in prison, followed by a 5-year term of supervised release.

Waldemar Colon pled guilty to conspiracy to possess with intent to distribute controlled substances, and distribution of controlled substances, and is awaiting sentencing.

This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Intelligence Section, and the United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

SYRACUSE, NEW YORK – Wilfredo Fuentes, age 36, of Syracuse was sentenced today to serve 96-months in federal prison for distributing heroin, fentanyl, and cocaine in Syracuse, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), and Chief Kenton Buckner, City of Syracuse Police Department.

Fuentes was also sentenced to a 3-year term of supervised release following his prison sentence, and to ordered to forfeit $3,400.00 in drug proceeds.

As part of his previous guilty plea, Fuentes admitted that he sold heroin, fentanyl, and cocaine on two occasions during an ATF/SPD undercover enforcement operation in Syracuse. Fuentes was previously convicted of two New York State felony drug crimes.

This case was investigated by United State Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Intelligence Section, and the United States Drug Enforcement Administration (DEA), with assistance from the New York State Department of Corrections and Community Supervision (DOCCS-Parole) and was prosecuted by Assistant U.S. Attorney Richard Southwick.

ALBANY, NEW YORK – Sherrod Johnson, aka “Rod,” age 28, of Troy, New York, pled guilty today to possessing heroin with intent to distribute it on two separate occasions in 2019 and 2020, and to possessing a firearm in furtherance of a drug trafficking crime in 2020.

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

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

At sentencing, Johnson faces at least 5 years and up to life in prison, a term of post-release supervision of between 3 years and life, and a fine of up to $1.25 million. 

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

ALBANY, NEW YORK – Gary Ryan, age 50, of Mechanicville, New York, pled guilty today to aggravated sexual abuse and transportation of minors to engage in sexual activity. The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Colonie Police Department Chief Michael Woods.

As part of his guilty plea, Ryan admitted that in April or May 2003, he took Victim 1, a then 5-year-old child, with him to Florida.  While in Florida, Ryan masturbated Victim 1’s penis, performed oral sex on Victim 1, and anally raped Victim 1.  In 2004, Ryan took then 6-year-old Victim 1 to Massachusetts and Nevada.  During both trips, Ryan anally penetrated Victim 1.  Ryan also admitted to providing Victim 1 with drugs and alcohol.

Ryan admitted that in 2007, he took Victim 2, then 14 years old, to Florida.  There, Ryan rubbed Victim 2’s penis.  That same year, Ryan also took Victim 2 to Massachusetts where he showed Victim 2 pornography and rubbed Victim 2’s penis.

Between 1998 and 1999, Ryan took Victim 3, then 14 or 15 years old, to Massachusetts with other teenagers.  Ryan provided Victim 3 with alcohol.  While Victim 3 was asleep, Ryan rubbed Victim 3’s penis to try to arouse him and shaved Victim 3’s genitals.  Ryan instructed another teenager to videotape it.

In his plea agreement, Ryan agreed to be sentenced to 30 years in prison.  United States District Judge Mae A. D’Agostino will sentence him on March 1, 2022.

This case was investigated by the FBI and its Child Exploitation Task Force, the Colonie Police Department, the Saratoga County Sheriff’s Department, and the New York State Police.  This case is being prosecuted by Assistant United States Attorney Katherine Kopita as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Richard C. O’Hara, 32, of Broome County was sentenced today to serve 11 years’ imprisonment for attempting to arrange a sexual encounter with a minor. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

As part of his previously entered guilty plea, O’Hara admitted that in July and August 2020 he exchanged multiple sexually explicit messages online with an undercover officer posing a 10-year-old girl, in an attempt to entice the child into having sex with him. O’Hara also admitted that on August 5, 2020 he traveled to a house where he believed the child lived, intending to engage in sex acts with her that day. 

Senior United States District Judge Thomas J. McAvoy also sentenced O’Hara to a 15-year term of supervised release to begin after he serves his term of imprisonment. O’Hara also will be required to register as a sex offender upon his release from prison.

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

SYRACUSE, NEW YORK – John Wright, age 33, of Syracuse, was sentenced today to serve 70 months in prison for conspiracy to distribute, and possess with intent to distribute marijuana, as well as conspiracy to commit money laundering of drug proceeds, possession of marijuana with the intent to distribute, possession of firearms by a convicted felon, and possessing firearms in connection with a drug trafficking crime announced United States Attorney Carla B. Freedman, Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and Gregory S. Oakes, Oswego County District Attorney. 

As part of his previous guilty plea, Wright admitted that between May 2017 and August 2017, he received bulk quantities of marijuana from a source of supply who imported marijuana via the Akwesasne Mohawk Reservation in Northern New York State. Wright sold marijuana he received to customers in Syracuse, and sent the proceeds back to his source of supply. As part of his guilty plea, Wright admitted that he distributed at least 54 kilograms (119 pounds) of marijuana. Wright further admitted that he possessed a handgun and a loaded shotgun in his home to protect his drugs and the proceeds from drug sales. In 2008, Wright was convicted in Onondaga County Court of Criminal Possession of a Weapon in the Third Degree, and was prohibited from possessing firearms at the time of his commission of his federal crimes.

In addition to his term of imprisonment, Wright was also sentenced to 3 years of supervised release and ordered to pay a money judgment in the amount of $204,581.00 representing proceeds derived from marijuana distribution.

This case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), the Syracuse Police Department, and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department, and Agents of the U.S. Border Patrol.  The case was prosecuted by Assistant United States Attorney Thomas Sutcliffe.

ALBANY, NEW YORK – Tristan Warner, age 48, of Newark, New Jersey, pled guilty today to attempted online enticement of a minor, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Warner admitted that from about October 2020 to January 15, 2021, he exchanged electronic messages, via text and through a social networking platform, with an undercover officer he believed was the mother of an 11-year-old girl.  In those messages, Warner expressed an interest in meeting the minor girl and in engaging in sexual acts with her.  He also communicated by phone with someone he believed to be the girl’s mother.  On January 15, 2021, Warner drove from Newark to a pre-determined location in Watervliet, New York, to meet and engage in sexual acts with the minor.  He brought with him condoms, stuffed animals and two small vibrators/sexual toys to give to the girl as gifts.  Warner was then encountered by law enforcement and arrested. 

As a result of his conviction, Warner faces a mandatory term of imprisonment of 10 years and a maximum term of imprisonment of life, a maximum fine of $250,000, and a term of supervised release of between 5 years and life.  He will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Sentencing is scheduled for March 1, 2022 before United States District Judge Mae A. D’Agostino. 

This case was investigated by the FBI, New York State Police, Colonie Police Department, and Watervliet Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

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

ALBANY, NEW YORK – Bryan Krynicki, age 58, of Pittsfield, Massachusetts, pled guilty today to attempting to coerce and entice a minor to engage in sexual acts with him. The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Krynicki admitted that, between February and April 2020, he exchanged over 1,000 sexually explicit messages online with an undercover officer posing as a 14-year-old child in an attempt to entice the child into engaging in sexual acts with him.  Krynicki also admitted that, on April 29, 2020, he traveled from Massachusetts to a prearranged meeting location in Rensselaer County, New York, with the intent to engage in sexual acts with the 14-year-old child that day. 

In his plea agreement, Krynicki agreed to be sentenced to 120 months in prison.  United States District Judge Mae A. D’Agostino will sentence him on March 2, 2022.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies.  This case is being prosecuted by Assistant United States Attorney Rachel L. Williams as part of Project Safe Childhood.

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

SYRACUSE, NEW YORK – Chester Hammond, age 45, of Manlius, New York, was sentenced today to serve 15 years in federal prison for distributing and possessing child pornography, announced United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police (NYSP) Superintendent Kevin P. Bruen.

As part of his previous guilty plea, Hammond admitted that while using a social media messaging application he sent an image depicting two children engaging in sexually explicit conduct to another individual over the internet. A subsequent search of Hammond’s cellular telephone revealed that he was in possession of over 400 images of child pornography.   Hammond is a registered sex offender who was convicted in Oswego County in 1996 of Attempted Sexual Abuse in the First Degree.

Senior United States District Judge Thomas J. McAvoy also imposed a 25-year term of supervised release, which will start after Hammond is released from prison, and ordered Hammond to pay a $200 special assessment and restitution in the amount of $12,000. Hammond will also be required to continue to register as a sex offender.

Hammond’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), with assistance from the Onondaga County District Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.

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

SYRACUSE, NEW YORK – Jacob Leonard, age 31, of Canton, New York, was sentenced yesterday to serve 25 years in federal prison for sexually exploiting a child and distributing and possessing child pornography, announced United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police (NYSP) Superintendent Kevin P. Bruen.

As part of his previous guilty plea, Leonard admitted that he sexually exploited a minor child and focused the camera of his cellular telephone on the victim’s vaginal area for the purpose of producing a visual depiction of the victim’s genitals. A week later Leonard sent that digital picture to another individual using a social media messaging application over the internet. A subsequent search of Leonard’s cellular telephone revealed that he was also in possession of 33 images and 18 video files depicting child pornography including videos depicting the sexual abuse of infants.  

Chief United States District Judge Glenn T. Suddaby also imposed a 25 year term of supervised release, which will start after Leonard is released from prison, and ordered Leonard to pay a $300 special assessment. Leonard will also be required to register as a sex offender.

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

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

ALBANY, NEW YORK – Nicholas Rockwell, age 27, of Hurley, New York, was sentenced today to serve 210 months in prison for distributing, receiving and possessing child pornography.

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

As part of his previously entered guilty plea, Rockwell admitted that on October 11, 2019, he used a social media messaging application to send and receive numerous child pornography videos to another man over the Internet.  Rockwell also admitted that at the time of his federal arrest on December 19, 2019, he possessed on his iPhone, and in two cloud-based storage accounts, approximately 2,000 images and videos depicting the sexual exploitation of children.  

In additional to the term of imprisonment, Chief United States District Judge Glenn T. Suddaby imposed a 20-year term of supervised release, which will follow the term of incarceration, and ordered Rockwell to pay a total of $18,000 in restitution to six victims.  Rockwell will also be required to register as a sex offender upon his release from prison. 

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

ALBANY, NEW YORK – Two men were sentenced today for conspiring to distribute kilograms of heroin that they acquired in New York City and sold on the streets of Troy, New York.

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

Mario Figueroa-Portalatin, age 41, of Troy, was sentenced to 151 months in prison, to be followed by 5 years of supervised release.  Chief United States District Judge Glenn T. Suddaby also ordered him to forfeit $34,001 in drug trafficking proceedings and a Hi-Point model JHP .45 caliber pistol. 

In pleading guilty, Figueroa-Portalatin admitted that for two years ending in March 2020, he sold at least 10 kilograms of heroin, which he acquired from a source of supply in New York City.  From March 2018 to March 2020, he and co-conspirators traveled to New York City once a month, on average, and each time purchased between 500 grams and 1 kilogram of heroin that they brought back to Troy, packaged, and sold.

On March 30, 2020, Figueroa was the subject of a traffic stop in Troy.  Police officers seized a black canvas bag, on the front passenger floorboard of his vehicle, that contained approximately 200 grams of heroin that Figueroa intended to sell that day to a customer. 

Carlos Leon Rivera, age 63, of Troy, was sentenced to 87 months in prison, to be followed by 3 years of supervised release.  Chief Judge Suddaby also ordered him to forfeit $7,150 in drug proceeds, a Ruger model EC9S, 9mm handgun, and a Glock 30 .45 caliber handgun. 

In pleading guilty, Leon admitted to working with Figueroa to sell heroin in and around Troy, from January 2019 to March 2020. Leon admitted to regularly traveling to New York City,ere he would acquire at least 500 grams of heroin at a time from Figueroa’s source of supply.  Leon also admitted that when DEA and other law enforcement searched his apartment on March 30, 2020, he possessed approximately 31 grams of heroin, 23.7 grams of fentanyl (in tablet form), and 60 grams of cocaine.
A third co-conspirator, Jose Leon Roldan, age 42, of Troy, pled guilty and is scheduled to be sentenced on December 8, 2021. 

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

SYRACUSE, NEW YORK – Jason Safford, age 46, of Queens, New York, was sentenced today to 48 months in prison after previously pleading guilty to bank fraud, attempted wire fraud, and aggravated identity theft, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

In addition to his sentence of imprisonment, Safford was ordered to serve a 3-year term of supervised release following his release from incarceration and to pay restitution to his victims in the total amount of $1,322,295.

Safford, who holds himself out as a Wealth Architect, Investor, and Executive Coach, admitted in pleading guilty previously that he applied for a mortgage refinance loan in October 2016 on behalf of Safflyn Green Industries, Inc., a company in which he had an ownership interest. In support of that loan application, Safford submitted false bank statements, false deposit verification documentation, and a false appraisal for the property at issue, which is located at 350 Galina Lane in Mohawk, New York, and is commonly referred to as the “Gelston Estate.” RS Lending, a financial institution then operating in San Francisco, approved the loan application and funded it for more than $1.3 million in December 2016. The loan is now in default status, and nearly $1.2 million remains outstanding.

Safford also admitted in his guilty plea that in 2018 he applied for a $2 million mortgage refinance loan for the Gelston Estate through an upstate New York brokerage firm. Once again, Safford created and submitted false bank statements and a falsified appraisal in support of this loan application. When questioned about the appraisal by the brokerage firm about the appraisal, Safford obtained a letter from a licensed appraiser confirming that the appraiser had appraised property located at 980 Robinson Road in Mohawk, New York—which is next to the Gelston Estate—for $325,000 on September 16, 2014. Safford modified and forged this letter to say, falsely, that the appraiser had appraised the property located at 350 Galina Lane on January 31, 2018, for $2,448,500.00, and Safford sent the falsified letter to the brokerage firm, along with modified and falsified copies of the appraiser’s license and professional liability coverage information. This loan was never funded.

Finally, Safford admitted that he assisted in obtaining investments from multiple investors to develop the Gelston Estate and 980 Robinson Road properties and that the investors’ money was not all used to develop the properties. The restitution Safford was ordered to pay will go to four individual investors and to the company that purchased RS Lending when it went out of business.

This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Joan Jesus Manso Dieguez, age 35, of Miami, Florida, pled guilty today to a superseding indictment charging him with taking part in an access device fraud conspiracy and a related money laundering conspiracy.

The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Inspector in Charge Ketty Larco Ward, Boston Division, United States Postal Inspection Service (USPIS).

The conspiracies involved a nationwide gas station skimming scheme in which the members of the access device fraud conspiracy stole banking and personal information of gas station customers in and around the Northern District of New York, as well as multiple other parts of the country, who used the “pay at the pump” feature to make gasoline purchases.  Gift cards, money orders, and cash obtained using the stolen card information were then laundered by the members of the money laundering conspiracy.

As part of his guilty plea, Dieguez admitted to conspiring with others to commit access device fraud, between December 2015 and July 2019, by building skimming devices designed to steal gas station customer information, installing those devices inside gas pumps in Albany, Broome and Montgomery Counties, and elsewhere, and then using the information collected by those devices to create fake credit and debit cards; the fake cards were then used to obtain money orders, gift, cards, cash, and other things of value.

Dieguez also admitted to being part of a conspiracy to launder funds obtained through the access device fraud conspiracy.  In facilitating that conspiracy, Dieguez caused the deposit of at least $505,739 into bank accounts he controlled.  Dieguez further admitted to withdrawing $473,754 in cash from those same banking accounts, and to selling gift cards worth $1,731,169.  The gift cards had been purchased using information stolen from approximately 2,900 cardholders.  As part of his plea agreement, Dieguez agreed to be subject to a forfeiture money judgment in the amount of $1,421,200.

Dieguez is the last of eight arrested defendants to plead guilty for their roles in this scheme. Four other defendants have been charged but remain fugitives.

A sentencing hearing is set to take place on March 1, 2022, before Senior United States District Judge Gary L. Sharpe. Dieguez faces up to 20 years in prison; a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater; and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami, Pittsburgh, and San Juan, the USPIS Miami Division, the United States Secret Service Miami Field Office, as well as the New York State Department of Agriculture, Division of Weights and Measures and the New York State Cyber Command Center. The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.

ALBANY, NEW YORK – Sean O’Hare, age 53, of South Portland, Maine, was arraigned today on an indictment accusing him of committing wire fraud.

The announcement was made by United States Attorney Carla B. Freedman and Inspector in Charge Ketty Larco-Ward, Boston Division, United States Postal Inspection Service (USPIS).

The indictment alleges that O’Hare, a tax preparer and accountant, defrauded his clients by submitting false and fraudulent sales tax returns to the New York State Department of Taxation and Finance, and diverting client funds for his own use. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

A grand jury returned the indictment on September 16, 2021.  O’Hare was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel and released pending trial.

If convicted, O’Hare faces up to 20 years in prison, a fine of up to $250,000, and a term of supervised release up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the U.S. Postal Inspection Service, with assistance from the New York State Department of Taxation and Finance, and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

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.

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.

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.

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

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, 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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.