Northern District of New York

SYRACUSE, NEW YORK – Jovaun Clark, age 45, of Syracuse, pled guilty yesterday to possessing unregistered machine guns and short-barreled rifles, possessing firearms and ammunition while a convicted felon, and selling firearms and ammunition to a convicted felon, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Chief Kenton Buckner, City of Syracuse Police Department, and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Clark admitted to selling seven firearms and numerous rounds of ammunition to a confidential informant during four meetings in January 2019.  Five of the firearms were “ghost guns” bearing no serial number, two were handguns that had been modified to operate as machine guns, and two were short-barreled rifles. None of the machine guns and short-barreled rifles were registered to the defendant as required by federal law.  In 1999, the defendant was convicted in Onondaga County Court of Criminal Possession of a Controlled Substance in the Third Degree, a felony offense. The confidential informant to whom Clark sold the firearms and ammunition also was a convicted felon.

Sentencing is scheduled for February 10, 2022, before United States District Judge David N. Hurd in Utica, New York, at which time Clark faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  The Court has discretion to order the sentences on separate counts to be served concurrently or consecutively in some circumstances. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Syracuse Police Department, and the United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorneys Thomas Sutcliffe and Andrew Beaty.

ALBANY, NEW YORK – Richard “Richie” Sinde, age 56, of Fort Lee, New Jersey, and Robert “Bobby” Ingrao, age 74, of Lodi, New Jersey, were indicted last month for trafficking 9 kilograms of cocaine.

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

Sinde and Ingrao are each charged with conspiring to distribute 5 kilograms or more of cocaine, and with possessing and intending to distribute 5 kilograms or more of cocaine.  Sinde was arraigned today before United States Magistrate Judge Daniel J. Stewart and released with conditions.  Ingrao will be arraigned at a later date. 

On April 2, 2021, Ingrao was driving a 2018 Jeep Grand Cherokee north on Interstate 87, according to a criminal complaint previously filed against him.  New York State Police conducted a traffic stop on the vehicle in Greene County.  Ingrao, who was driving alone, told Troopers that he was returning the vehicle to Schenectady, according to the complaint.  Troopers discovered that Ingrao lacked a driver’s license, and decided to arrest him and tow the Jeep.  While taking an inventory of the Jeep’s contents, according to the complaint, Troopers discovered a hidden compartment, or “trap,” in the vehicle’s trunk area.  The trap concealed 9 kilograms of cocaine, according to the complaint. 

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

If convicted, each man faces at least 10 years and up to life in prison, as well as at least 5 years of supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the DEA’s Capital District Drug Enforcement Task Force, which includes DEA Special Agents and investigators from state and local police agencies, including the Saratoga Springs Police Department, the Saratoga County Sheriff’s Office, the Washington County Sheriff’s Office, and the New York State Police.  The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Charles W. Whitcher, age 41, of Port Leyden, New York, was sentenced On October 13, 2021 in federal court to 51 months in prison after previously pleading guilty to distribution and possession with intent to distribute methamphetamine, possession of Pseudoephedrine with the intent to manufacture methamphetamine, and maintaining a drug-involved premises. 

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

Whitcher was previously convicted in federal court, in 2003, for his involvement in a conspiracy to manufacture, distribute, and possess with intent to distribute methamphetamine.

As part of his previously entered guilty plea, Whitcher admitted that between August 2019 and September 2019, he distributed methamphetamine he had manufactured in his home using the “one pot” method, which uses Pseudoephedrine and other ingredients to produce methamphetamine that Whitcher would then distribute in exchange for cash or more Pseudoephedrine.

In addition to the 51-month term of imprisonment, Chief United States District Judge Hon. Glenn T. Suddaby imposed a term of 6 years of supervised release which will follow the term of incarceration. 

This case was investigated by the DEA, the Lewis County Drug Task Force, the Lewis County District Attorney’s Office, the Lewis County Sherriff’s Office, and the New York State Police and was prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

ALBANY, NEW YORK – Wakeem Ricks, age 30, of Albany, was ordered detained today pending trial on a charge that he distributed cocaine base.

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

The complaint alleges Ricks distributed cocaine base to another individual on September 23, 2021.  The charge in the complaint is merely an accusation.  The defendant is presumed innocent unless and until proven guilty.

The charge carries a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the DEA, Albany Police Department, and Albany County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorney Dustin Segovia. 

ALBANY, NEW YORK – Jacob Delaney, age 23, of Holtsville, New York, pled guilty yesterday to one count of receiving child pornography and three counts of possessing child pornography.

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

As part of his guilty plea, Delaney admitted that between about September 2018 and December 12, 2019, while a resident of New Paltz, New York, he used the Internet to search for, and download, numerous still image and video files of child pornography. 

Sentencing is scheduled for February 15, 2022 before Senior United States District Judge Thomas J. McAvoy in Albany.  Delaney faces at least 5 years and up to 40 years in prison.  The Court will also impose a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Delaney will also be required to register as a sex offender.

This case was investigated by the FBI.  The case is being prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Rick Belliss as a part of Project Safe Childhood.

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

ALBANY, NEW YORK – Elizabeth Doyle, age 49, of Ballston Lake. New York, pled guilty today to filing false tax returns.   The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”).

Doyle operates a Saratoga County company that places home health care aides in patients’ homes.  As part of her guilty plea, Doyle admitted to filing materially false tax returns that underreported business income in 2016 and 2017. Doyle admitted to underreporting a total of $647,263 in income, resulting in a loss to the federal government of at least $94,522.

Doyle faces up to 3 years in prison, a maximum fine of $100,000, and a term of supervised release of up to 1 year, when Senior United States District Judge Lawrence E. Kahn sentences her on February 16, 2022.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

In a related case, on March 24, 2021, Betty J. Marriott, age 71, of Gansevoort, New York – the prior owner of Doyle’s company – pled guilty to filing false tax returns; her sentencing is scheduled for October 21, 2021.

These cases were investigated by IRS-CI and are being prosecuted by Assistant U.S. Attorney Emily C. Powers.

SYRACUSE, NEW YORK – Chad A. Worthington (43), of Ellisburg, New York, was sentenced today in federal court in Syracuse to 23 months in prison after previously pleading guilty to one felony count of failing to register and update his registration as a sex offender for failing to disclose his e-mail address to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York.

In pleading guilty previously, Worthington admitted that from June 16, 2018, through April 21, 2021, he failed to register a Google email address he created on June 5, 2018, as required by SORNA. Worthington also admitted that he failed to register five other Google email addresses as required by SORNA between August 2016 and April 2021. Worthington was required to register as a sex offender because of his federal convictions in 2005 for coercion and enticement of a minor and travel with intent to engage in illicit sexual conduct. Worthington also admitted that his conduct violated the terms of his supervised release conditions.

Senior United States District Judge Norman A. Mordue, who presides over the case, sentenced Worthington to 15 months in prison for the SORNA offense, and to a consecutive term of 8 months in prison for the supervised release violations, leading to a total prison term of 23 months. As part of his sentence, Worthington will remain on supervised release for 10 years after he is released from prison, and he will continue to be required to register as a sex offender.

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

ALBANY, NEW YORK – Michael Darling, age 42, of Gloversville, New York, pled guilty today to illegally possessing firearms as a felon and unlawful possession of six pipe bombs.

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

Darling was arrested on February 14, 2021, after police had been called to his residence to conduct a welfare check.  Police seized six operable pipe bombs from the home.  At the time of his arrest, police also recovered two firearms and ammunition, which Darling was prohibited from possessing as a result of a felony burglary conviction.

Sentencing in the case is scheduled for February 4, 2022 before United States District Judge Mae A. D’Agostino, at which time Darling faces up to 10 years in prison, as well as a fine up to $250,000, and post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on a particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Darling has been in custody since his arrest.

The case was investigated by the Gloversville Police Department, the New York State Police, ATF, and the Federal Bureau of Investigation, with assistance from the United States Marshals Service.  The case is being prosecuted by Assistant United States Attorney Robert A. Sharpe.

SYRACUSE, NEW YORK - Chasib Hafedeh Saadoon Al Fawadi (“Al Fawadi”), 36, an Iraqi citizen residing in Geddes, New York, pled guilty on Wednesday, October 6, 2021, to making false statements in a U.S immigration application for permanent residency, and making false statements to U.S. immigration officials during an oral interview for permanent residency, announced United States Attorney Carla B. Freedman, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office.

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

Sentencing in this case is scheduled for March 8, 2022, in Binghamton, New York, at which time Al Fawadi faces a maximum of up to 10 years for his false written statements, and up to 5 years imprisonment for his false oral statements to United States Citizenship and Immigration Services, as well as a fine of up to $250,000.00 on each count of conviction, and a post-imprisonment term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Al Fawadi remains in the custody of the United States Marshals Service pending the imposition of sentence.

This case is being investigated by the Federal Bureau of Investigation (FBI) and the United States Department of Homeland Security-Homeland Security Investigations (HSI), with assistance from United States Citizenship and Immigration Services (USCIS), and the Onondaga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Steven D. Clymer.

SYRACUSE, NEW YORK – Carla B. Freedman became the United States Attorney for the Northern District of New York this morning, upon being sworn in by Chief United States District Judge Glenn T. Suddaby at the federal courthouse in Syracuse.  Ms. Freedman is the first woman confirmed for this position.

Ms. Freedman was nominated by President Joseph R. Biden, Jr. on August 10, 2021 and confirmed by the Senate on October 5, 2021.  President Biden signed her commission on October 7, 2021.

United States Attorney Carla B. Freedman stated: “After 14 years as an Assistant U.S. Attorney, I am honored to lead the incredible lawyers and staff in our office as we represent the criminal and civil interests of the United States.  Our guideposts will continue to be fairness and equal justice for all.  We will also continue our efforts to reduce gun violence, protect civil rights, safeguard our national security, and build relationships with community groups throughout the Northern District of New York.”

Ms. Freedman previously served as an Assistant U.S. Attorney in the Syracuse office of the Northern District of New York from 2007 through 2021.  She was a Supervisory Assistant U.S. Attorney and the Narcotics Chief from February 2018 through 2021.  She also served as Deputy Narcotics Chief from 2016 through 2018.

Before joining the U.S. Attorney’s Office, Ms. Freedman was an Assistant District Attorney in the Manhattan District Attorney’s Office for 16 years.  She was the Chief of the Asian Gang Unit from 1997 through 2004. 

Ms. Freedman has prosecuted a wide array of crimes and offenses during her career with a focus on organized crime, violent crime, and drug trafficking offenses including, since 2009, illegal distribution of controlled substance analogues and newly scheduled synthetic drugs.

Ms. Freedman grew up in Syracuse. She earned her law degree from New York Law School, and her undergraduate degree from Syracuse University. 

SYRACUSE, NEW YORK - Paul Wyak, age 49, of Spencer, New York, was sentenced yesterday to serve 21 months in prison, to be followed by 10 years of supervised release, for failing to register and update his registration as a sex offender.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and David L. McNulty, United States Marshal for the Northern District of New York

In addition to the term of imprisonment for failing to update his sex offender registration, Wyak was sentenced to a 14-month consecutive term of imprisonment for violating the conditions of his supervised release by committing new criminal conduct, failing to answer truthfully questions from his probation officer, having unapproved contact with a victim of a prior offense, and possessing an undisclosed internet capable device.

As part of his previously entered plea agreement, Wyak admitted that in 2008 he was convicted in the United States District Court for the Northern District of New York of distribution of child pornography. That conviction required Wyak to register as a sex offender for 25 years, and to keep that registration current with personal identifying information, including email accounts. Wyak admitted that although he maintained registration as a sex offender in the State of New York, he did not register at least one email account that he created despite knowing he has a continuing obligation under the law to do so.

This case was investigated by the United States Marshals Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York, and was prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle

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

SYRACUSE, NEW YORK - William “Bill” Saiff III, age 57, of Henderson, New York, was sentenced today in federal court in Syracuse to 3 years of probation after previously pleading guilty to a felony violation of the Lacey Act for hiring guides to lead paying hunters on illegal waterfowl hunts over baited ponds. The sentence was announced by Acting United States Attorney Antoinette T. Bacon; Ryan Noel, Regional Special Agent in Charge, U.S. Fish and Wildlife Service, Office of Law Enforcement; and Captain Jesse Paluch, New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigations (BECI).

Saiff is a professional hunting guide and fishing charter captain whose website advertises that for eighteen years he “hosted the popular hunting and shooting sports program Cabin Country as seen on Public Television Stations across the country.” In pleading guilty previously, Saiff admitted that in 2018 he repeatedly baited ponds in Jefferson County and sent hunting guides and paying clients to hunt wild ducks over those ponds while they were baited. Saiff admitted that he violated the Lacey Act[1] by charging a total of more than $350 for hunts in which he knew the wild ducks killed by the hunters were taken over bait in violation of the Migratory Bird Treaty Act (“MBTA”). According to the plea agreement, Saiff charged each hunter $300 per day of hunting, and the four illegal guided hunts to which he admitted in the plea agreement involved a total of 17 hunters.

As part of his sentence, Saiff was ordered to pay a $20,000 fine and to serve the first 120 days of his probation sentence on home confinement. While on probation, Saiff is prohibited from hunting, guiding, or operating a hunting or guiding business while he is on probation, though this prohibition does not extend to fishing charters. This sentence was pronounced by Senior United States District Judge Norman A. Mordue, who presides over the case.

In a separate proceeding before United States Magistrate Judge Thérèse Wiley Dancks, Saiff admitted that he was on federal probation in 2018 when he committed the offenses described above, having been convicted in federal court in Syracuse in 2017 for guiding illegal waterfowl hunts over bait in violation of the MBTA. Judge Dancks sentenced Saiff on the probation violation to an additional 90 days of home confinement (consecutive to the 120 days ordered by Judge Mordue), to be followed by a one-year term of supervised release, during which Saiff will be required to wear an ankle bracelet monitored by the Probation Department.

This case was investigated by U.S. Fish and Wildlife Service, Office of Law Enforcement, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigations (BECI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

[1] The Lacey Act makes it a crime “to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States . . . .” 16 U.S.C. § 3372(a)(1).

SYRACUSE, NEW YORK – Tyler Hull, age 38, of Fulton, New York, pled guilty today to conspiring to unlawfully distribute and possess with the intent to distribute eutylone, a Schedule I controlled substance. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of his guilty plea, Hull admitted that from November of 2020 through December 22, 2020, he participated in a conspiracy to distribute eutylone to others throughout Oswego County. Eutylone is a synthetic cathinone and has pharmacological effects on the central nervous system similar to other schedule I or II substances such as methylone, pentylone, cocaine, methamphetamine, and MDMA.

Hull faces up to 20 years in prison, a fine of up to $1,000,000, and a term of post-release supervision of at least 3 years and up to life when he is sentenced by Senior United States District Judge Thomas J. McAvoy on March 9, 2022.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

SYRACUSE, NEW YORK – Thomas J. Joslin, age 58, of North Syracuse, New York, was sentenced today in federal court in Syracuse to 3 years of probation after previously pleading guilty to three felony counts of stealing gift cards from the mail while employed as a carrier with the United States Postal Service, announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPSOIG), Northeast Area Field Office.

In pleading guilty previously, Joslin admitted that he stole multiple gift cards from mail entrusted to him in Onondaga County between March 2019 and June 2019, including a $160 prepaid Mastercard rebate card; a $300 Dick’s Sporting Goods gift card; and a $40 prepaid Visa card. The defendant admitted that he targeted pieces of mail he believed contained gift cards, and that he used the stolen gift cards to buy different gift cards in an attempt to distance himself from the thefts. Joslin is no longer employed by the U.S. Postal Service.

As part of his sentence, Joslin must pay a $2,000 fine; make restitution payments $500 to the known victims of his offenses; and perform 50 hours of community service. The sentence was pronounced by Senior United States District Judge Frederick J. Scullin, Jr., who presides over the case.

This case was investigated by USPSOIG, and it was prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Jesse Clarence Odum, age 35, of Pensacola, Florida, pled guilty today to an indictment charging him with robbing a Pioneer Bank branch.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Chief Gina F. Cocchiara of the Bethlehem Police Department (BPD).

As part of his guilty plea, Odum admitted that on May 2, 2015, he entered the Pioneer Bank branch located at 184 Delaware Avenue in Delmar, New York, stopped at a counter, wrote a note, and approached a teller.  Odum then passed the teller the note, which instructed her to be silent and give him $10,000.  The teller partially complied, and Odum fled the bank with $5,000 in cash.

Odum was subsequently arrested on May 26, 2015, by BPD officers, in the vicinity of the same Pioneer Bank branch. 

Odum faces up to 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced by United States District Judge Mae A. D’Agostino on February 4, 2022.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

ALBANY, NEW YORK – Robert Seifert, age 63, of Utica, New York, was sentenced today to serve 24 months in prison for making telephonic threats to three employees of the Albany Stratton Veterans Affairs Medical Center (VAMC).

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Christopher Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs Office of Inspector General.

As part of his guilty plea on July 8, 2021, Seifert admitted that on January 14, 2021, he made successive calls to three separate employees at the Albany VAMC and left each of them threatening voicemails in which he used demeaning and offensive language that caused each of the employees to fear for their own safety and property.

United States Magistrate Judge Daniel J. Stewart also sentenced Seifert to serve 1 year of post-imprisonment supervised release.

This case was investigated by U.S. Department of Veterans Affairs Office of Inspector General, and the Veterans Affairs Police Service at the Albany VAMC, and was prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

SYRACUSE, NEW YORK - Austin Pratt, age 24, of Syracuse, was sentenced in federal court today to serve 20 years in prison for Sexual Exploitation of a Child and Distribution of Child Pornography, announced Acting United States Attorney Antionette T. Bacon, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Kevin Bruen.

As a part of his earlier guilty plea, Pratt admitted that he used the Instagram name “redneck_pratt” to message with a person who represented themselves to be a 15-year-old girl, but who law enforcement later confirmed was an adult male from Nevada.  Pratt admitted that in exchange for sexually explicit images from the “girl,” he sexually abused a 10-year-old child, produced images and a video of that abuse, and sent the images and video to the person he believed to be a 15-year-old girl.  

In addition to the 20-year term of imprisonment, United States District Judge Hon. David N. Hurd imposed a term of 20 years of supervised release which will follow the term of incarceration.  Pratt will also be required to register as a sex offender upon his release from federal prison. 

This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency and the New York State Police as a part of the Mid-State Child Exploitation Task Force, in cooperation with the Syracuse Police Department and the Onondaga County District Attorney’s Office.  It was prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York. 

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

SYRACUSE, NEW YORK – Greg Gauthier, age 55, of Oneida, New York, was sentenced yesterday to 15 years in prison for distributing and possessing child pornography, announced Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police (NYSP) Superintendent Kevin P. Bruen.

As part of his prior guilty plea, Gauthier admitted that he used a social media messaging application to distribute images of child pornography over the internet, and that he possessed child pornography on his cellular telephone.  A forensic review of Gauthier’s cellular telephone revealed that it contained 71 image files and 98 video files depicting child pornography. 

Gauthier is currently serving 18 years to life for his 2017 state conviction in Oneida County for Predatory Sexual Assault Against a Child.  Senior United States District Judge Hon. Thomas J. McAvoy ordered that the 15 year federal sentence be served consecutively to that state sentence.

Judge McAvoy also imposed a 15 year term of supervised release, which will start after Gauthier is released from federal prison, ordered Gauthier to pay restitution in the amount of $9,000, and to pay a $200 special assessment.

Gauthier also has a prior final conviction under New York State law relating to the possession of child pornography, in that in 2014, he was convicted in Oneida County Court of Possessing A Sexual Performance By A Child Less Than 16 Years of Age in violation of New York State Penal Law and was sentenced to 10 years’ probation.

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

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

SYRACUSE, NEW YORK – Brian T. Whipple, age 42, of New Berlin, New York was arraigned yesterday on an indictment filed by a federal grand jury charging him with Receipt and Possession of Child Pornography. The announcement was made by Acting United States Attorney Antoinette T. Bacon, Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and New York State Police Superintendent Kevin P. Bruen.

An indictment unsealed in federal court charges that from approximately 2009 through June 2020 the defendant used a peer-to-peer file sharing service connected to the internet to receive and download child pornography and that he possessed child pornography on multiple devices in June 2020.

If convicted, Whipple faces a mandatory minimum sentence of five years’ imprisonment, a maximum sentence of 20 years’ imprisonment, a fine of up to $250,000, and a term of supervised release of between five years and life. Whipple also would have to register as a sex offender. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Whipple was detained in federal custody pending a detention hearing scheduled before United States Magistrate Judge Miroslav Lovric on October 8, 2021.

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

This case was investigated by Homeland Security Investigations in cooperation with the New York State Police and the Chenango County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood.

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

SYRACUSE, NEW YORK – George Rawda, age 57, of Baldwinsville, New York, pled guilty today to concealing information from the Social Security Administration (SSA) in order to defraud SSA into paying Supplemental Security Income (SSI) benefits to a family member, who was otherwise ineligible to receive such benefits.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.

As part of his guilty plea, Rawda admitted that from November of 2014 through October of 2020, while acting as representative payee for a family member, Rawda concealed and failed to disclose that the family member was residing outside of the United States in order to deceive SSA into making benefit payments to the family member who was otherwise ineligible to receive SSI benefit payments.  SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for basic living expenses.  A representative payee is a person or organization who has agreed to receive and use Social Security benefits on a beneficiary’s behalf.  A representative payee is also responsible for reporting any change in the beneficiary’s circumstances including a change to income, resources, and whether the beneficiary leaves the country for more than 30 consecutive days.

As a result of his conviction, Rawda faces up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  Sentencing is scheduled for February 9, 2022, before Chief United States District Judge Glenn T. Suddaby.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

SYRACUSE, NEW YORK – Marc L. Leonardis, age 49, of Skaneateles, New York, was arraigned today on an indictment filed by a federal grand jury charging him with Receipt of Child Pornography, announced Acting United States Attorney Antoinette T. Bacon, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Kevin P. Bruen.

An indictment unsealed in federal court charges that from April through June of 2021 Leonardis used an instant messaging application to knowingly receive image and video files of child pornography. 

If convicted, Leonardis faces a mandatory minimum sentence of 5 years, and a maximum sentence of 20 years imprisonment, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and will have to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Leonardis is detained in federal custody pending a detention hearing scheduled before United States Magistrate Miroslav Lovric on Thursday, October 7, 2021.

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

This case was investigated by the Federal Bureau of Investigation’s Capital Area and Mid-State Child Exploitation Task Forces, in cooperation with the New York State Police.  It is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York. 

SYRACUSE, NEW YORK – Rafael Rondon, age 23, of Watertown, New York was arraigned today in federal court in Syracuse on an indictment charging him with possession of an unregistered sawed-off shotgun at his residence, announced Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Rafael Rondon and his mother, Maryann Mooney-Rondon, 55, of Watertown, New York, both also appeared in court on a criminal complaint filed in the United States District Court for the District of Columbia containing the following charges stemming from the January 6, 2021 incident at the United States Capitol Building in Washington, D.C.

Theft of Government Property, 18 U.S.C. §§ 641 and 2 (Misdemeanor)

Obstruction of an Official Proceeding, 18 U.S.C. § 1512(c)(2) (Felony)

Entering/Remaining a Restricted Building, 18 U.S.C. § 1752(a)(1) (Misdemeanor)

Disorderly Conduct in a Restricted Building, 18 U.S.C. § 1752(a)(2) (Misdemeanor)

Entering/Remaining the Gallery of Congress, 40 U.S.C. § 5104(e)(2)(B) (Misdemeanor)

Entering/Remaining in Certain Rooms of Capitol Building, 40 U.S.C. § 5104 (e)(2)(C) (Misdemeanor)

Disorderly Conduct in Capitol Building, 40 U.S.C § 5104(e)(2)(D) (Misdemeanor)

Both Rafael Rondon and Maryann Mooney-Rondon appeared today in Syracuse, New York, before United States Magistrate Judge Therese Wiley-Dancks, and were released pending further court proceedings.

The charge against Rafael Rondon alleging his possession of an unregistered sawed-off shotgun carries a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of up to 3 years. 

A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. The charges in the indictment and criminal complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.

These cases are being investigated by the Federal Bureau of Investigation (FBI), the United States Capitol Police, and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), with assistance from the New York State Police. The indictment charging Rafael Rondon in United States District Court for the Northern District of New York is being prosecuted by Assistant U.S. Attorneys Stephen Green and Richard Southwick. The case involving the January 6, 2021, Capitol breach is being prosecuted by the United States Attorney’s Office for the District of Columbia.

SYRACUSE, NEW YORK – Ernest Shaw, Sr. of New Woodstock, New York, was convicted yesterday of conspiracy to distribute and possess with intent to distribute in excess of five kilograms of cocaine, and 28 grams of cocaine base (crack) following a five-day jury trial in United States District Court in Syracuse, announced Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

During the trial, evidence was presented that proved Ernest Shaw, Sr. conspired with others from September 2017 to September 25, 2019, to distribute and possess with intent to distribute cocaine and cocaine base in the Syracuse area. As part of the verdict, jurors unanimously found that the defendant’s part in the conspiracy involved in excess of 5 kilograms of cocaine and 28 grams of cocaine base (crack). The trial evidence included the seizure of over 171 grams of powder cocaine and over 80 grams of crack cocaine from a stash house in Nedrow, New York used by Shaw to store drugs prior to distributing them to drug dealers and drug users in the Syracuse area. Following the jury verdict yesterday, Ernest Shaw, Sr. agreed to the forfeiture of $36,335.00 in cash seized as drug proceeds by DEA during the execution of a search warrant at his home in New Woodstock, New York on September 25, 2019. Shaw also agreed to a forfeiture money judgment in the amount of $105,000.00 for unrecovered proceeds he acquired during the conspiracy through the sale of cocaine and cocaine base (crack).

Ernest Shaw, Sr. was previously convicted of conspiracy to distribute and possess with intent to distribute cocaine in federal court in Syracuse in March 2007. He pled guilty and was sentenced to serve 41 months in federal prison in that case.      

Sentencing is scheduled for February 3, 2022 in Syracuse, New York, at which time the defendant faces a mandatory minimum sentence of 15 years and a maximum sentence of life imprisonment, a fine of up to $20,000,000.00, and a period of supervised release of at least 10 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the United States Drug Enforcement Administration (DEA)-Syracuse Resident Office, which includes Task Force Officers from the City of Auburn Police Department, the City of Syracuse Police Department, the New York State Police, and the Oneida County Sheriff’s Office. Other Agencies that assisted in this investigation included the New York State Police, the Onondaga County Sheriff’s Office, Investigators from the Onondaga County District Attorney’s Office, and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI). The case is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe and Assistant U.S. Attorney Richard Southwick.

SYRACUSE, NEW YORK – John Seiselmyer, age 49, of Utica, New York, was arrested today and charged with possessing child pornography.  The announcement was made by Acting United States Attorney Antoinette T. Bacon, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police (NYSP) Superintendent Kevin P. Bruen.

According to the criminal complaint, Seiselmyer possessed videos of child pornography on his home computer.  Seiselmyer is a registered sex offender who was convicted in 2007 of Criminal Sexual Act in the First Degree with a victim who was less than 11 years old. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

The charge against Seiselmyer carries a mandatory minimum sentence of 10 years and a maximum of 20 years in prison, a post-release term of supervision of between 5 years and life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Seiselmyer made his initial appearance today before United States Magistrate Judge Therese Wiley Dancks and was detained pending further proceedings.

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

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

ALBANY, NEW YORK – Justin Smith, age 21, of Troy, New York, was ordered detained on Friday pending trial on a charge that he unlawfully possessed a firearm as a felon.

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

The complaint alleges that Smith, a felon, possessed a handgun in Troy on or about March 5, 2021.  The charge in the complaint is merely an accusation.  The defendant is presumed innocent unless and until proven guilty.

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

This case is being investigated by the FBI and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Dustin Segovia. 

ALBANY, NEW YORK – Delbert Tibbs, age 28, was sentenced today to 35 months in prison, to be followed by a 5-year term of supervised release, for failing to register in New York as a sex offender after he fled Tennessee and relocated to Ellenville, New York.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.

On April 9, 2021, Tibbs pled guilty to one count of failure to register as a sex offender.  During his plea hearing, Tibbs acknowledged that, due to two sexual assault convictions in 2015 in Tennessee, he is required to register under the Sex Offender Registration and Notification Act and to keep that registration current. Tibbs also acknowledged that, following his departure from Tennessee, which he accomplished by removing a court-required GPS tracking device, he did not timely register his change of address with authorities in either Tennessee or New York.

This case was investigated the United States Marshals Service and prosecuted by Assistant United States Attorney Emily C. Powers.

ALBANY, NEW YORK – Daren Arakelian, age 53, of Rensselaer, New York, was sentenced today to three months in jail for a wire fraud scheme to import Chinese goods into the United States and then causing his company, Great 4 Image, Inc., to deceptively market and sell those goods to federal agencies as U.S.-made. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Patrick J. Hegarty, Special Agent in Charge, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Northeast Field Office; Joseph Dattoria, Special Agent in Charge of the General Services Administration, Office of the Inspector General (GSA-OIG); Brian C. McCarthy, Special Agent in Charge of the New York Field Office of the Department of Homeland Security, Office of the Inspector General (DHS-OIG); and Larry S. Moreland, Special Agent in Charge, Mid-Atlantic Fraud Field Office, U.S. Army Criminal Investigation Division.

Arakelian owned and operated Great 4 Image, a company that contracted with various federal agencies to produce backpacks, duffle bags, cinch bags, hydration packs, t-shirts and individual suspension trainers.  Each of his company’s contracts required Great 4 Image to comply with the Buy American Act and/or the Trade Agreements Act, laws that Congress enacted for the purposes of promoting the United States’ trade interests.

The Buy American Act restricts the federal government’s purchase of goods that are not domestic end products.  The Trade Agreements Act establishes additional restrictions on purchases of products made outside the United States, and generally prohibits government contracting officials from purchasing products that are not entirely from, or substantially transformed in, the United States or a designated country.  The Trade Agreements Act effectively waives the requirements of the Buy American Act for designated countries.  China is not a designated country.

As part of his March 2020 civil settlement with the United States and his guilty plea, Arakelian admitted that he devised and implemented a scheme to defraud the federal government by causing Great 4 Image to import goods, including thousands of backpacks and suspension trainers that were made in China, into the United States and then passing them off as compliant with the Buy American Act and the Trade Agreements Act.  In carrying out this scheme, Arakelian made various verbal and written statements to federal officials falsely claiming to have domestically manufactured the goods that he knowingly imported from China.

Chief United States District Judge Glenn T. Suddaby also ordered Arakelian to serve a 2-year term of supervised release, to begin after Arakelian is released from prison, as well as perform 100 hours of community service. Arakelian went into custody immediately after his sentencing.

The investigation was the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, GSA-OIG, DCIS, DHS-OIG, and the U.S. Army Criminal Investigative Command.  The U.S. Department of the Treasury’s Office of Inspector General also provided investigative support.  The criminal case was prosecuted by Assistant United States Attorney Joshua R. Rosenthal.  The civil case was handled by Assistant United States Attorney Adam J. Katz. 

ALBANY, NEW YORK – Tyren Terrance, age 26, of Hogansburg, New York, was sentenced today to 30 months in prison for conspiring to distribute, and possessing with intent to distribute, 100 kilograms or more of marijuana.  The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his May 2021 guilty plea, Terrance admitted that on August 20, 2020, he and a co-conspirator used two pickup trucks to transport 10 hockey bags containing approximately 200 kilograms of marijuana through the Northern District of New York with the intent to distribute the drugs in the New York City area.

Chief United States District Judge Glenn T. Suddaby also ordered Terrance to serve 3 years of post-imprisonment supervised release and forfeit $35,000 as proceeds of Terrance’s offenses.

This case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

ALBANY, NEW YORK – Robert H. Stone, age 54, of Mayfield, New York, was sentenced today to serve 39 months in prison for unlawfully possessing three firearms as a felon and to possessing marijuana for the purpose of distribution.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and New York State Police Superintendent Kevin P. Bruen.

Senior United States District Judge Lawrence E. Kahn also sentenced Stone to a 3-year term of supervised release upon his release from prison.

As part of his guilty plea on April 28, 2021, Stone, who has prior felony convictions for drug and weapons offenses, admitted that in October 2020, he possessed two shotguns and a rifle at his residence in Gloversville, and 3.8 kilograms of marijuana and 1,395 rounds of pistol, rifle and shotgun ammunition on his 46-acre property in Mayfield.

This case was investigated by ATF and the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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

BINGHAMTON, NEW YORK – Makahi Daevon Bryant, age 20, of Brooklyn, New York, pled guilty today to fraudulently obtaining over $13,000 in unemployment insurance benefits from the State of California. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Jonathan Mellone, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (USDOL-OIG).

As part of his guilty plea to one count of access device fraud, Bryant admitted that he obtained debit cards containing California unemployment insurance benefits in the names of other individuals.  During September and October 2020, while he was a student at the State University of New York at Delhi (SUNY Delhi), Bryant effected unauthorized transactions using the debit cards to obtain cash, goods, and services. 

Sentencing is scheduled for January 26, 2022, in Binghamton, before Senior United States District Judge Thomas J. McAvoy. Bryant faces a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by HSI and USDOL-OIG, with assistance from the University Police Department at SUNY Delhi, and is being prosecuted by Assistant U.S. Attorney John T. Chisholm.

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

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

SYRACUSE, NEW YORK – Timmy Rifenburg, age 45, of Binghamton, New York, was sentenced today to serve a total of 40 months in prison, to be followed by 10 years of supervised release, for violating the terms of his supervised release and failing to register as a sex offender after he moved from Binghamton to Johnson City, New York, without updating his sex offender registration.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty. 

On May 19, 2021, Rifenburg pled guilty to one count of failure to register as a sex offender.  As part of his guilty plea, Rifenburg admitted that due to his 2008 federal conviction for possession of child pornography, he was required to register under the Sex Offender Registration and Notification Act (“SORNA”) and keep that registration current.  Rifenburg admitted that after he moved, he failed to register his change of address with New York State within 3 business days after his move. 

Rifenburg also admitted to three violations of his supervised release conditions. Senior United States District Judge Thomas J. McAvoy sentenced Rifenburg to 24 months in prison for those violations, to run consecutive to a 16-month sentence for the SORNA offense.

This case was investigated by the United States Marshals Service and prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – Michael J. Radcliffe II, a/k/a “Mystical,” age 28, of Elka Park, New York, pled guilty today to conspiring to commit computer fraud, a misdemeanor.

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

In pleading guilty, Radcliffe admitted that he used Internet-connected computers to create and maintain botnets[1] for the purpose of engaging in Distributed Denial of Service (“DDOS”) attacks.[2]  He also admitted that from 2012 through October 2, 2018, he conspired with others to use botnets to carry out DDOS attacks

Radcliffe faces up to a year in prison when United States District Judge Mae A. D’Agostino sentences him on January 21, 2021.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

[1] “Botnet” is a term for a network (i.e., “net”) of computers that have been infected with malicious software (“malware”), allowing the infected computers to be used by the operator to perform repetitive functions, similar to a robot (i.e., “bot”).  The operator of a botnet can simultaneously command and control the infected computers in a botnet without the authorization and knowledge of the computers’ owners.

[2] A DDOS attack involves using a large network of computers, usually a botnet, to bombard an Internet-connected computer with repeated requests for information, to disable the computer by overloading it with too much information simultaneously. 

SYRACUSE, NEW YORK – Thomas J. Redeker, age 73, of Endicott, New York was sentenced today to 10 months in prison, to be followed by 10 years of supervised release, for failing to update his sex offender registration by maintaining unregistered email accounts.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.

Redeker was also ordered to pay a $2,000 fine. In addition to the term of imprisonment for failing to update his sex offender registration, Redeker was sentenced to an 8-month consecutive term of imprisonment for violating the conditions of his supervised release by committing new criminal conduct, failing to answer truthfully questions from his probation officer, and possessing an undisclosed internet capable device.

As part of his previously entered plea agreement, Redeker admitted that in 2004 he was convicted in the United States District Court for the Northern District of New York of production of child pornography and crossing a state line to engage in a sexual act with a person under the age of 12. Those convictions required Redeker to register as a sex offender for the rest of his life, and to keep that registration current with personal identifying information, including email accounts. Redeker admitted that although he maintained registration as a sex offender in the State of New York, he did not register three email accounts that he created despite knowing he has an obligation under the law to do so.

This case was investigated by the United States Marshals Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York, and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

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/.

SYRACUSE, NEW YORK – Richard Alvarado, age 27, of Oswego, New York, pled guilty today to one count of distribution of child pornography and one count of possession of child pornography.

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

Alvarado, who remains detained pending his sentencing scheduled for January 19, 2021 before United States District Judge David N. Hurd in Utica, New York, faces at least 5 years and up to 40 years in prison.  The Court will also impose a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Alvarado will also be required to register as a sex offender.

As part of his guilty plea, Alvarado admitted that he actively traded child pornography images and videos using a social media messaging application on his phone, and that on February 29, 2020 he distributed videos of child pornography through the application, including video files depicting sexual conduct with children between 5 and 9 years old. Alvarado further admitted that on June 22, 2020, he knowingly possessed numerous image and video files depicting child pornography on his phone.

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

ALBANY, NEW YORK – Tramaine Pope, age 33, of the Bronx, New York, pled guilty today to federal program theft, and admitted to abusing her position as a New York State Department of Labor (NYSDOL) employee to obtain $314,168 by submitting and approving 20 false unemployment insurance applications. The funds stolen by Pope included benefits from federal programs intended to help out-of-work New Yorkers during the COVID-19 pandemic.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG); Joshua McCallister, Acting Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS); Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and NYSDOL Commissioner Roberta Reardon.

Acting United States Attorney Antoinette T. Bacon stated: “Tramaine Pope violated the trust of her fellow New Yorkers during a global public health crisis that left so many without work. She was tasked with helping others at a time of substantial need, but instead exploited her position for personal gain. With our law enforcement partners, we will continue to investigate and prosecute those who abuse the public trust, and steal public funds, during this unprecedented pandemic.”

USDOL-OIG Special Agent in Charge Jonathan Mellone stated: “Tramaine Pope abused her position as a Senior Employment Security Clerk with the New York State Department of Labor to create and approve fraudulent unemployment insurance claims.  Pope obtained over $300,000 from these fraudulent claims, a portion of which was earmarked for Pandemic Unemployment Assistance.  We will continue to work with our law enforcement partners to protect the integrity of unemployment insurance benefit programs.”

In pleading guilty, Pope admitted to receiving lists of names and personal identifying information from another individual.  Pope then used her access to NYSDOL systems to submit and approve fraudulent unemployment insurance claims using the names and other information she received.

Pope agreed to pay restitution in the amount of $314,168 to the State of New York.

Pope faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when she is sentenced on January 21, 2022 by United States District Judge Mae A. D’Agostino. 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.

USPIS Acting Inspector in Charge Joshua McCallister stated: “The actions of Ms. Pope to use the trust given to her by the people of New York and her employer to abuse the system and steal from those who were most in need during the pandemic are unconscionable. This case is a great example of the collaborative effort of law enforcement to bring those to justice who commit criminal acts against the people of New York.”

HSI Acting Special Agent in Charge Matthew Scarpino stated: “HSI remains committed to working closely with our law enforcement partners to identify and prosecute those, like Pope, who have used the COVID pandemic to defraud not only the taxpayer but also those eligible recipients in need of legitimate COVID benefits.”

NYSDOL Commissioner Roberta Reardon stated: “There is no excuse for stealing from others, especially when a person in place of trust abuses their position to knowingly commit fraud. Let this serve as a reminder that if you break the law, you will be held accountable. I thank our partners in the U.S. Attorney’s Office and all levels of law enforcement for their commitment to working with us to fight Unemployment Insurance fraud.”

This case was investigated by USDOL-OIG, USPIS, HSI, and the NYSDOL Office of Special Investigations. The case is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and John T. Chisholm.

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

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

SYRACUSE, NEW YORK – Jeremie Hoyt, age 41, of Davenport, New York, appeared today in federal court on charges that he sexually exploited a child.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

The criminal complaint alleges that in November 2020, Hoyt produced a sexually explicit photograph and video of a 14-year-old child.   Hoyt later distributed the image and video over the Internet to other users on a messaging application.  United States Magistrate Judge Miroslav Lovric ordered Hoyt to be detained pending trial. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Hoyt 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.  Hoyt would also be required to register as a sex offender.

This case is being investigated by HSI, with assistance from the Delaware County District Attorney’s Office and the New York State Police.  The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). 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 – Charles Scott, age 61, of Syracuse pled guilty yesterday to distributing cocaine and heroin, possessing with intent to distribute fentanyl, and possessing a firearm as a convicted felon, announced Acting United States Attorney Antoinette T. Bacon, and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea yesterday, Scott admitted that he sold a quantity of heroin and cocaine during a DEA undercover operation on January 21, 2020 in Syracuse. He also pled guilty to possession of fentanyl with intent to distribute, and possession of a 45. caliber semiautomatic pistol and 12 rounds of ammunition that were recovered during the execution of search warrants on February 26, 2020 at his residence and at another location he was using, both in the city of Syracuse. Scott admitted as part of his guilty plea that he was a previously convicted felon when he possessed the pistol and ammunition.

Charles Scott is scheduled to be sentenced on January 22, 2022 in Utica, New York. At that time, he faces a maximum sentence of up to 20 years in prison, and a fine of up to $1,000,000.00 on each count for his distribution of cocaine and heroin on January 22, 2020, and his possession with intent to distribute fentanyl on February 26, 2020. He faces a maximum sentence of up to 10 years in prison, and a fine of up to $250,000.00 for his conviction for possession of a firearm and ammunition by a convicted felon.  Scott could also be sentenced to a post-imprisonment term of supervised release of at least 3 years and up to life A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the United States Drug Enforcement Administration (DEA) with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

ALBANY, NEW YORK – A grand jury yesterday returned a superseding indictment charging Christopher Thomas, age 38, of Colonie, New York, with crimes related to the sex trafficking of children and adults. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Kevin Bruen.

The indictment charges Thomas with conspiracy to commit sex trafficking of children, sex trafficking of a child, transportation of minors with intent to engage in criminal sexual activity, conspiracy to transport an individual to engage in prostitution, and coercion and enticement. 

Thomas is alleged to have recruited girls and women to engage in commercial sex at his direction and then provide him with the proceeds.  Thomas is alleged to have used a website to advertise the girls and women for commercial sex in the Capital Region, Massachusetts, and elsewhere.

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

Thomas has been in custody since his arrest on May 12, 2020.

If convicted of all offenses, Thomas faces at least 10 years and up to life in 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.

This case is being investigated by the FBI Child Exploitation and Human Trafficking Task Force, and the New York State Police Troop G Bureau of Criminal Investigation and Internet Crimes Against Children Task Force, with assistance from the Colonie Police Department, Vermont State Police, Burlington, Vermont Police Department, Albany Police Department, Albany County Sheriff’s Office, Town of Bethlehem Police Department, Capital Region Crime Analysis Center, and the New York State Intelligence Center. The case is being prosecuted by Assistant U.S. Attorneys Shira Hoffman and Katherine Kopita.

ALBANY, NEW YORK – Zachary L. Duchesne, age 25, of Stillwater, New York, pled guilty today to seven counts of transportation of child pornography and one count of possessing child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Duchesne admitted to using a Dropbox account to store, possess and view images and videos depicting the sexual abuse of children, between December 26, 2017 and June 23, 2019.  He admitted to periodically transferring child pornography videos into his Dropbox account, and to using the stored child pornography as a form of “currency” to trade with other people.

Duchesne has been in custody since his arrest on July 15, 2020.

Duchesne, who has a prior conviction relating to the possession of child pornography, faces at least 15 years and up to 40 years in prison, and at least 5 years of post-imprisonment supervised release, when Senior United States District Judge Thomas J. McAvoy sentences him on January 11, 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.  Duchesne would also have to register as a sex offender upon his release from prison.

This case was investigated by HSI, with assistance from the Stillwater Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett 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 – Paul J. Carter, also known as Paul Hamilton, and formerly known as Paul Cristallo, pled guilty today to making false statements in a 2018 U.S. visa application.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Carter, age 55, an Australian citizen residing in Watervliet, New York, admitted to lying about his criminal history when he sought to renew his E-2 visa in 2018.  E-2 visas admit certain foreign nationals who have invested a substantial amount of money in a U.S. business.  Carter obtained an E-2 visa, and began residing in the United States, in 2014.

Carter faces up to 10 years in prison, as well as a maximum $250,000 fine, when Senior United States District Judge Thomas J. McAvoy sentences him on January 12, 2022.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

ALBANY, NEW YORK – Denise Mitchell, age 57, and John Mitchell, age 61, of Albany, were arraigned today on a federal indictment charging them with knowingly concealing Denise Mitchell’s work history and making a false statement in order to deceive the Social Security Administration (SSA) into paying disability benefits to Denise Mitchell when she was not entitled to those benefits.

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

The indictment alleges that from at least June 2015 until June 2017, Denise Mitchell and her husband John Mitchell, who acted as her representative payee, knowingly failed to disclose that Denise Mitchell was working in order to deceive SSA into continuing to pay disability benefits to Denise Mitchell when she was otherwise ineligible to receive such benefits.  The indictment also alleges that on June 8, 2017, Denise Mitchell knowingly made a false statement in a form filed with the SSA regarding her work activity between August 2012 and June 2017.  The charges contained in the indictment are merely allegations, and the defendants are presumed innocent until and unless proven guilty. 

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

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

ALBANY, NEW YORK – Hector J. Sanchez, age 29, of Rensselaer, New York, was arrested today on an indictment charging him with six counts of mail fraud and three counts of aggravated identity theft related to filing for, and receiving more than $80,000 in benefits from, false unemployment insurance claims. The alleged false claims exploited federal programs intended to aid out-of-work New Yorkers during the COVID-19 pandemic.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Joshua McCallister, Acting Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS); Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG); and Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

The indictment alleges that from August to November 2020, Sanchez engaged in a fraud scheme to obtain the personal identifying information of other individuals, including via social media, and file false unemployment insurance applications in their names with the New York State Department of Labor (NYSDOL).  The indictment further alleges that he used debit cards linked to the false claims in order to obtain cash, goods, and services.  The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Sanchez appeared today before United States Magistrate Judge Daniel J. Stewart and was ordered detained pending a detention hearing for September 14.

The mail fraud charges carry a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The charges for aggravated identity theft carry a mandatory term of two years in prison, to be imposed consecutive to any other term of imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The case is being investigated by USPIS, USDOL-OIG, and HSI, with assistance from the NYSDOL Office of Special Investigations and the Albany Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. Chisholm.

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

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

ALBANY, NEW YORK - Kristen Blair Hiltunen, age 36, of Amsterdam, New York, appeared today in federal court on a charge that she received child pornography. 

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

According to a criminal complaint, in July 2021, Hiltunen used a social media messaging application to communicate with and receive child pornography from a minor victim.  The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

If convicted, Hiltunen 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.

Hiltunen appeared today before United States Magistrate Daniel J. Stewart. She will remain detained pending a detention hearing scheduled for September 13.

This case was investigated by the FBI and its Child Exploitation Task Force, along with investigators from the Schenectady Police Department.  The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators, including from the Rotterdam and Colonie Police Departments.  The case is being prosecuted by Assistant U.S. Attorney Rachel 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

ALBANY, NEW YORK – Jean R. Lavanture, a/k/a “JR,” a/k/a “Rudy Lavanture,” age 48, of Saugerties, New York, pled guilty today to conspiring to commit bank fraud and conspiring to commit wire fraud, and admitted to fraudulently obtaining $4,870,781 in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.  Lavanture is the third person to plead guilty in this case.

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

Acting United States Attorney Antoinette T. Bacon stated: “Mr. Lavanture and his co-conspirator Sean M. Andre took millions from COVID-19 relief programs, to the detriment of lenders, the U.S. Small Business Administration, and the legitimate businesses that could have put this money to good use.  With our law enforcement partners, we will continue to investigate and prosecute fraudsters who prey upon government-backed loan programs meant to stabilize legitimate businesses during an unprecedented pandemic.”

FBI Special Agent in Charge Janeen DiGuiseppi stated: “Mr. Lavanture stole over $4.5 million from a government program designed to help small businesses struggling to stay afloat during the coronavirus pandemic. Mr. Lavanture and his co-conspirator’s fraud scheme impacted the ability of an untold number of businesses, while selfishly lining their own pockets. The FBI, together with our partners, will continue to seek out and investigate these callous fraudsters who target hardworking Americans.”

In pleading guilty, Lavanture admitted to conspiring with Andre to obtain $4,309,581 in Paycheck Protection Program (PPP) loans between June and August 2020, by submitting fraudulent loan applications in the names of four companies that Lavanture controlled.  Each loan application grossly misrepresented each company’s employees and payroll.  Each application also included false corporate tax documents that Andre created as part of the scheme.  Lavanture admitted that none of his companies actually had a payroll or employees. 

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

Lavanture agreed to pay restitution in the amount of $4,870,781, and to forfeit proceeds of the fraud, including a motel property he purchased in Rockaway Beach, Missouri; $476,253.25 in U.S. currency; a 2007 Bentley Continental; a 2013 BMW X5; and the balances of 19 bank accounts at a total of 9 banks, into which he deposited fraud proceeds. 

Lavanture faces up to 30 years in prison for bank fraud conspiracy, and up to 20 years in prison for wire fraud conspiracy, when he is sentenced on January 6, 2022 by Chief United States District Judge Glenn T. Suddaby.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

Lavanture, a citizen of Haiti, has been in custody since September 17, 2020, when FBI agents arrested him on a criminal complaint. 

Andre, age 31, of Brooklyn, New York, pled guilty on May 26, 2021 to conspiring to commit bank fraud and conspiring to commit wire fraud.  Andre’s sentencing is scheduled for January 6, 2022. 

Jamur Pharmes, age 43, of Hampton, Georgia, pled guilty on July 1, 2021 to conspiring to commit wire fraud.  He admitted that he and Lavanture conspired to submit fraudulent EIDL applications in the names of two companies connected to Pharmes.  Pharmes obtained approximately $159,900 as a result of the scheme, and paid a $10,000 fee to Lavanture.  Pharmes is scheduled to be sentenced on December 9, 2021. 

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

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

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

ALBANY, NEW YORK – Imran Selcuk, age 35, of Troy, New York, was sentenced today to 3 years of probation for hoarding and price gouging in violation of the Defense Production Act of 1950 (DPA).

The announcement was made by Acting U.S. Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of his March 5, 2021 misdemeanor guilty plea, Selcuk admitted that, in March 2020, he purchased approximately 100,000 KN95 facemasks and 25,000 surgical-style facemasks for $1 per mask and 50 cents per mask, respectively. Selcuk then offered these masks for sale at his Troy pizza restaurant and through a website for as much as ten times his acquisition cost.  Selcuk also admitted that his website falsely represented that the KN95 masks he offered for sale were certified by the U.S. Food & Drug Administration (FDA).  In fact, the FDA does not “certify” facemasks.

United States Magistrate Judge Christian F. Hummel also ordered Selcuk to pay a $2,500 fine.

This case was investigated by HSI, with assistance from the U.S. Postal Inspection Service, and was prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Joshua R. Rosenthal.

This case was brought in coordination with the Department of Justice’s COVID-19 Hoarding and Price Gouging Task Force, which organizes efforts among the Antitrust Division and U.S. Attorney’s offices across the country to address illegal activity involving personal protective equipment.  

SYRACUSE, NEW YORK – Tammy Tilton-Gajewski, age 48, of Fulton, New York, was arrested yesterday on an indictment charging her with 32 counts of misuse of a social security number and two counts of aggravated identity theft related to her use of the names of other people and social security numbers not assigned to her to obtain credit cards and loans.  The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.

Tilton-Gajewski was arraigned on the indictment yesterday in United States District Court in Syracuse, New York and released pending trial on a date to be scheduled in the future.

If convicted of misuse of a social security number, Powell 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, Tilton-Gajewski faces a mandatory minimum sentence of two years on each aggravated identity theft count.  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 complaint 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 and the New York State Police and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

ALBANY, NEW YORK – Michael Castelluccio, age 43, of Fultonville, New York, was sentenced today to serve 30 months in prison, to be followed by 2 years of supervised release, for unlawfully transferring an unregistered short-barreled rifle that had machinegun capability.

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

On November 5, 2020, Castelluccio pled guilty to one count of unlawful transfer of unregistered firearms.  As part of his guilty plea, Castelluccio admitted that over the course of four transactions between August and September 2019, he built, sold and transferred 19 firearms from component parts ordered online. These firearms are commonly known as “ghost guns” because they do not have serial numbers, which makes them difficult for law enforcement to trace.

Castelluccio admitted to building, selling, and transferring short-barreled rifles, which are rifles with barrels less than 16 inches long.  Castelluccio admitted to doing so without having filed an application with or received approval from the Secretary of the Department of the Treasury, or paying the tax required by federal law. He also admitted that one of the firearms he sold was modified to allow it to automatically shoot more than one shot by a single function of its trigger. 

Castelluccio also forfeited a pickup truck that he used to transport the firearms.

This case was investigated by the ATF and Homeland Security Investigations, as well as the Schenectady County and Montgomery County Sheriff’s Offices. The case was prosecuted by Assistant United States Attorney Alexander Wentworth-Ping.

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

SYRACUSE, NEW YORK - Jeffrey Blake, age 51, of Ithaca, New York, was sentenced today to serve 160 months (thirteen years and four months) in federal prison for attempted online enticement of a minor, announced Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

As part of his guilty plea Blake admitted that between June 12, 2019 and August 23, 2019, he exchanged text messages with an undercover officer he believed was the mother of 9 and 13 year old girls.  In those messages, Blake expressed an interest in meeting the children and engaging in sex acts with them. He also communicated by text messaging with the undercover agent posing as each of the children.  In those communications Blake assured the children that sex with him would not be painful, and that he would take precautions to keep the 13-year-old from getting pregnant.  On August 23, 2019, Blake drove to a pre-determined location in Broome County to meet and have sex with the children.  He brought with him vibrators and birth control  as well as necklaces, bracelets, earrings, and stuffed animals that he planned to give to the children as gifts.  Blake was then encountered by law enforcement and arrested. 

Senior United States District Judge Thomas J. McAvoy also imposed a 10 term of supervised release, which will start after Blake is released from prison, and ordered Blake to pay a $100 special assessment. As a result of his conviction, Blake will be required to register as a sex offender upon his release from prison.

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

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

SYRACUSE, NEW YORK – Joshua Francis, age 32, a resident of Hogansburg, NY, was sentenced today to serve 60 months in prison for conspiring to distribute marijuana and for money laundering of drug proceeds announced Acting United States Attorney Antoinette T. Bacon, 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, Francis admitted that between January 2017 and August 2017, he smuggled bulk quantities of marijuana from Canada into the United States by boat via the Akwesasne Mohawk Reservation in New York State. Francis further admitted that he directed couriers in the United States to deliver marijuana to redistributors in the Syracuse area and elsewhere, and also to collect the proceeds from marijuana sales.  Francis distributed at least 317 kilograms of marijuana.

In addition to his term of imprisonment, the court also sentenced Francis to four years of supervised release and ordered him to pay a money judgment in the amount of $501,850 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.

SYRACUSE, NEW YORK - Jennifer Caloia, age 57, a licensed pharmacist who owned and operated Dougherty Pharmacy in Morrisville, New York, from 1998 to 2015, was sentenced today in federal court in Utica to serve a two-year term of probation, perform 80 hours of community service, a fine in the amount of $10,000.00, a special assessment of $100 after previously pleading guilty to one felony count of health care fraud.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General (HHS OIG); Ralph D. Tortora III, Regional Director, New York Attorney General’s Medicaid Fraud Control Unit, Syracuse Office; Carol S. Hamilton, Regional Director, U.S. Department of Labor Employee Benefits Security Administration (DOL EBSA); and Shirin Emami, Acting Superintendent, New York State Department of Financial Services.

In pleading guilty previously, Jennifer Caloia admitted that between 2011 and 2015 she defrauded public and private health insurance programs by submitting false and fraudulent claims for prescription drugs that the pharmacy did not dispense. Caloia also admitted that customers submitting prescriptions for medications had their health insurance providers billed for more expensive drugs than those prescribed. To facilitate this scheme, Caloia changed the names of some of the prescription drugs in the software she used to communicate with insurance companies and to print drug labels, which allowed her to submit her fraudulent claims while providing the customer with the appropriate labels and instructions. Evidence presented to the court in support of Caloia’s guilty plea also revealed that in at least a few instances she dispensed a drug different than what a customer’s doctor had prescribed as part of her scheme to defraud. Caloia no longer owns or operates Dougherty Pharmacy.

In sentencing Caloia, United States District Judge David N. Hurd also ordered her to pay restitution in the amount of $110,431.02 to the public and private insurers affected by her fraud scheme.

In separately negotiated civil settlements with the Civil Division of the United States Attorney’s Office for the Northern District of New York and the New York State Attorney General’s Office, Caloia and her company agreed to pay $92,308.76 related to her submission of false claims to public insurers such as Medicare and Medicaid. The civil settlement resolves a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, knowns as “relators,” to file civil actions on behalf of the government and share in any recovery.  The relator in this case will receive $18,461.75 of the settlement proceeds. The federal civil case is docketed with the United States District Court for the Northern District of New York under number 6:17-cv-92 (BKS/ATB).

This case was investigated by the Federal Bureau of Investigation (FBI); the U.S. Department of Health and Human Services, Office of Inspector General (HHS OIG); the U.S. Drug Enforcement Administration (DEA), the U.S. Department of Labor-Employee Benefits Security Administration (DOL EBSA), New York Attorney General’s Medicaid Fraud Control Unit; and the New York State Department of Financial Services, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry. The civil investigation is being handled by Assistant United States Attorney John Hoggan and New York Attorney General’s Medicaid Fraud Control Unit, Syracuse Office Regional Director Ralph D. Tortora III.