Northern District of New York
Press releases recorded for this federal judicial district.
Four Syracuse Men Charged with Fentanyl Trafficking ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Four Syracuse men were indicted yesterday and charged with conspiracy to distribute fentanyl, and possessing controlled substances with the intent to distribute. The announcement was made by Acting U.S. Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; and Chief Kenton Buckner, City of Syracuse Police Department.
- Raphael Frias, age 28, was charged with conspiring to distribute and possess with intent to distribute fentanyl, and possessing fentanyl with the intent to distribute. If convicted, Frias faces between 5 and 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life.
- Carlos Esteras, age 40, was charged with conspiring to distribute and possess with intent to distribute fentanyl, and possessing fentanyl with the intent to distribute. If convicted, Esteras faces between 5 and 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life.
- Adrian Esteras, age 37, was charged with conspiring to distribute and possess with intent to distribute fentanyl, and possessing cocaine with the intent to distribute. If convicted, Esteras faces up to 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life.
- Shane Williams, age 30, was charged with conspiring to distribute and possess with intent to distribute fentanyl, and possessing a firearm and ammunition after being convicted of a felony. If convicted, Williams faces up to 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life.
The charges in the indictment are merely accusations, and all defendants are presumed innocent unless and until proven guilty. 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 defendants were arrested on July 6, 2021, and are detained pending trial. At the time of the defendants’ arrests, law enforcement seized over 1,500 envelopes containing suspected fentanyl, a quantity of cocaine, and a loaded Smith & Wesson 9mm handgun.
This case is being investigated by the DEA, the Syracuse Police Department, the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, the New York State Police, the New York State Division of Parole, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
- Raphael Frias, age 28, was charged with conspiring to distribute and possess with intent to distribute fentanyl, and possessing fentanyl with the intent to distribute. If convicted, Frias faces between 5 and 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life.
Central New York Man Pleads Guilty to Theft of Government PropertyRead the Press Release
SYRACUSE, NEW YORK – Frederick L. Guth, Jr., age 66, of Brewerton, New York, pled guilty yesterday to theft of Social Security retirement 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.
As part of his guilty plea, Guth admitted that from November 2016 until July 2018, he erroneously received a total of $33,812.00 in Social Security retirement benefits issued under the social security number and name of another person, and that he spent the benefits despite knowing that the benefits were not his and that he was not entitled to them.
Sentencing is scheduled for November 30, 2021, before Senior United States District Judge Thomas J. McAvoy in Binghamton, New York. Guth faces up to 10 years in prison, up to 3 years of supervised release, and a fine of up to $250,000 as a result of his conviction. Additionally, Guth has agreed to pay restitution to the Social Security Administration. 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.
Troy Man Pleads Guilty to Trafficking a Kilogram of HeroinRead the Press Release
ALBANY, NEW YORK – Jose Leon Roldan, age 42, of Troy, New York, pled guilty today to conspiring to distribute a kilogram of heroin.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Rensselaer County Sheriff Pat Russo.
In pleading guilty, Leon Roldan admitted to working with his father, Carlos Leon Rivera, and Mario Figueroa-Portalatin, to sell heroin in Troy, from November 2019 to March 30, 2020. Jose Leon admitted to regularly traveling to New York City with his father, where they would acquire heroin from Figueroa’s source of supply. They brought the heroin back to Troy, where they and Figueroa prepared and packaged it for sale to customers.
Leon faces at least 10 years and up to life in prison, as well as post-release supervision of at least 5 years and up to life, when Chief United States District Judge Glenn T. Suddaby sentences him on December 8, 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.
Figueroa-Portalatin, age 42, of Troy, pled guilty on August 11, 2020 to conspiring to distribute 1 kilogram or more of heroin, and is scheduled for sentencing on November 4, 2021.
Leon Rivera, age 63, of Troy, pled guilty on June 9, 2021 to conspiring to distribute 1 kilogram or more of heroin, and is scheduled for sentencing on October 28, 2021.
This case was investigated by the DEA and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett
Syracuse Tax Preparer Pleads Guilty to Filing False Tax Returns for Herself and OthersRead the Press Release
SYRACUSE, NEW YORK – Phoenix Phan, age 62, of Syracuse, pled guilty today to filing a false tax return for herself and to aiding and abetting the filing of a false tax return for a client. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CI).
As part of her guilty plea, Phan admitted that she failed to report gross receipts on her personal income tax returns for tax years 2013-2017. She also admitted that she aided and assisted others in filing false federal income tax returns during the same time period, including by falsely reporting: (1) business income that the taxpayer did not earn; (2) rental losses; and/or (3) that the taxpayer had a filing status (e.g., head of household) that the taxpayer did not actually have.
Sentencing is set for November 30, 2021 before Senior United States District Judge Thomas J. McAvoy. Phan faces up to 3 years in prison on each count. The judge also could impose a term of supervised release of up to 1 year. In addition to imprisonment and supervised release, Phan faces a fine of up to $100,000 on each count and, as part of her plea agreement, Phan agreed to pay at least $222,999 in restitution to the IRS. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by IRS-CI and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
Schenectady Man Sentenced to 10 Years for Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Chandler Whittaker, age 25, of Schenectady, New York, was sentenced today to 121 months in prison for receipt and possession of 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).
As part of his previously entered guilty plea, Whittaker admitted that, between July and October 2014, and in January 2016, he downloaded several images of child pornography from the Internet. Whittaker also admitted to possessing hundreds of images and videos of child pornography on multiple electronic devices between December 2018 and February 2019.
Chief United States District Judge Glenn T. Suddaby also sentenced Whittaker to 20 years of supervised release and to pay restitution to the victims of his crimes. Whittaker will also be required to register as a sex offender upon his release from prison.
This case was investigated by the Rotterdam Police Department, the New York State Police, and the FBI’s Child Exploitation Task Force, and 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), 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.
Rochester-Area Man Sentenced to Two Years in Prison for Fraud, Money Laundering and Tax OffensesRead the Press Release
SYRACUSE, NEW YORK – Michael Bartusek, age 52, of Fairport, New York, was sentenced today to two years in prison for wire fraud, money laundering, and filing a false tax return. The announcement was made by Acting United States Attorney Antoinette T. Bacon of the Northern District of New York; United States Attorney James P. Kennedy, Jr. of the Western District of New York; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Acting Inspector in Charge Joshua McCallister, Boston Division, United States Postal Inspection Service (USPIS); and Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CI).
As part of his previously entered guilty plea, Bartusek admitted that from the summer of 2015 through the end of 2016, he defrauded his employer of approximately $776,000, which he used to invest in a high-risk scheme to purchase and sell diamonds from overseas, hoping to profit personally from their sale and return the money he stole from his employer before his fraud was discovered. Instead, the diamond investment failed, and the money was lost.
Bartusek also admitted that, as part of his diamond scheme, he and two others solicited investments for a company called Integra Diamonds by making materially false and fraudulent representations in an effort to recover investment funds that had been lost, including the money Bartusek stole from his employer. In addition to the fraud and money laundering, Bartusek filed false tax returns for tax year 2015 and underreported his total income that tax year by approximately $123,000, and underreported his total income for the 2016 tax year by approximately $46,000.
Senior United States District Judge Thomas J. McAvoy also sentenced Bartusek to a 3-year term of supervised release to begin following his term of imprisonment and to pay restitution to his victims totaling $973,922.
This case was investigated by the FBI, United States Postal Inspection Service, and IRS-CI. The case was prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Nicolas Commandeur of the Northern District of New York, and Assistant U.S. Attorney Charles Kruly of the Western District of New York.
Cortland County Man Pleads Guilty to Sexually Exploiting a ChildRead the Press Release
SYRACUSE, NEW YORK – Lawrence Berry, 27, of Marathon, New York pled guilty today to one count of conspiracy to sexually exploit a child and five counts of sexual exploitation of a child, 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, Berry admitted that he conspired with Brittany Berry (who has already pleaded guilty to the same charges) to sexually exploit a 3-year-old minor child in August and September of 2018 and that he directed Brittany Berry to sexually exploit the child on five different occasions for the purpose of creating and sending images and videos (live and recorded) of the sexual abuse to him over the internet.
Sentencing is scheduled for November 23, 2021 in Utica before United States District Judge David N. Hurd. Berry faces a minimum sentence of 15 years and up to 30 years in prison on each of the six counts of conviction. He also will be required to spend at least 5 years and up to a lifetime term on post-imprisonment 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. Upon release from prison Berry will be required to register as a sex offender in any state where he lives, is employed, or is a student.
This case was investigated by the FBI and the City of Cortland Police Department and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian and Special Assistant U.S. Attorney Adrian LaRochelle as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney's offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Citizen of Dominican Republic Sentenced to 37 Months for Distributing Fentanyl in Troy and RensselaerRead the Press Release
ALBANY, NEW YORK – Junior Rafael Arias Soto, age 50, a citizen of the Dominican Republic and a resident of Troy, New York, was sentenced today to 37 months in prison for distributing fentanyl in the cities of Rensselaer and Troy.
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 guilty plea, Arias Soto admitted that between June 2019 and June 2020, he distributed at least 155 grams of a fentanyl mixture to customers in Troy and Rensselaer.
Chief United States District Judge Glenn T. Suddaby also imposed a 2-year term of supervised release, to begin after Arias Soto’s release from prison. Arias Soto has been in custody since his arrest in June 2020 and is subject to deportation following the completion of his prison sentence.
This case was investigated by the DEA, with assistance provided by Homeland Security Investigations (HSI), the Rensselaer Police Department and the Troy Police Department, and was prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
Cayuga County Man Pleads Guilty to Receipt and Possession of Child Pornography, and to Unlawful Possession of a FirearmRead the Press Release
SYRACUSE, NEW YORK – Richard J. Potter, Jr., age 57, of Springport, New York, pled guilty today to charges of receipt and possession of child pornography, and to possession of a firearm by a prohibited person. 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).
In pleading guilty before United States District Judge David N. Hurd in Utica, Potter admitted that from June 2018 to in or about January 2019, he used the Internet to search for and receive child pornography. Potter also admitted that on January 23, 2019, he possessed a total of 33,066 images and 206 videos of child pornography on 35 separate electronic devices, and 451 images of child pornography in a cloud storage account that he maintained and controlled.
Potter, who was previously convicted in 2003 of a crime related to the sexual abuse of a minor, faces at least 15 years and up to 40 years in prison for the child pornography crimes, as well as a term of supervised release of between 5 years and life. Upon his release from prison, Potter will be required to register as a sex offender in any state where he lives, is employed, or is a student.
Potter also pled guilty to being a felon in possession of a firearm, admitting that on January 23, 2019, he possessed a 12-gauge shotgun. For this offense, Potter faces up to 10 years in prison.
A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI). The case is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Syracuse Man Sentenced to Ten Years for Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Thomas Sczerbaniewicz, age 53, of Syracuse, was sentenced today to serve 120 months (ten years) in federal prison for possessing 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).
As part of his previously entered guilty plea, Sczerbaniewicz admitted that he was convicted of possessing child pornography in 2009, was on supervised release for that offense at the time he committed the current offense in January 2021, and committed the new offense while in the bathroom of his sex offender counseling service using a mobile phone to access the internet and view child exploitation images.
Senior United States District Judge David N. Hurd also sentenced Sczerbaniewicz to four (4) months imprisonment for violating the terms of his supervised release (to be served concurrently with his 120-month sentence) and to a new 15-year term of supervised release to begin following his imprisonment. Sczerbaniewicz also will be required to continue to register as a sex offender upon his release from prison.
Sczerbaniewicz’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), after a referral from the United States Probation Office. The case was prosecuted by Assistant U.S. Attorney Michael D. Gadarian as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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 Felon Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
ALBANY, NEW YORK – Dewey K. Sims, age 32, of Albany, pled guilty today to illegally possessing a .25 caliber pistol as a felon.
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).
As part of his plea, Sims admitted that on March 7, 2020, he possessed a loaded .25 caliber pistol on his person when he was pulled over for a speeding violation in the Town of Colonie. A prior felony conviction for armed robbery prevented Sims from legally possessing the firearm in New York.
Sims faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on November 30, 2021 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.
This case was investigated by the ATF and the Colonie Police Department. This case is being prosecuted by Assistant U.S. Attorney Emmet J. 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.
Owner of Malta’s Ellsworth Commons Agrees to Pay $805,000 and to Permanent Exclusion from Federal Housing Programs to Resolve Civil LiabilityRead the Press Release
ALBANY, NEW YORK – Eugene Rosen of Palm Beach Gardens, Florida has agreed to pay the United States $805,000 to resolve allegations that he made improper payments to his family trusts while disregarding his obligation to make payments on a federally-backed mortgage, and submitted a false statement to the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) related to those payments, in violation of the civil equity skimming statute and the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), announced Acting United States Attorney Antoinette T. Bacon.
Ellsworth Commons, a mixed use residential and commercial property in Malta, New York, was owned by Ellsworth Partners, LLC., a company that Rosen owned and operated. In 2010, Ellsworth Partners obtained an FHA-insured mortgage to finance the construction of Ellsworth Commons. FHA agreed that, if Ellsworth Partners defaulted on the mortgage, FHA would pay the outstanding balance to the lender. In exchange, Ellsworth Partners agreed to use project revenue only for FHA-authorized purposes. Transferring money to Rosen’s family trusts when the mortgage was in default was not an authorized purpose.
At various times, Ellsworth Partners borrowed money from outside sources, including from trusts that Rosen established for his family, and repaid those loans with project funds. On at least three occasions, HUD notified Rosen that Ellsworth Partners could not use project funds to repay those loans. From mid-2016 through early 2018, Ellsworth Partners stopped paying its mortgage causing it to go into default. To prevent foreclosure, FHA agreed to pay down a substantial portion of the mortgage after Rosen certified that, while the mortgage was in default, Ellsworth Partners paid to its lender all net cash remaining after project expenses had been paid. That statement was false because, as Rosen admitted in the settlement agreement, “Between April 2016 through January 2018, while the mortgage was in default, Ellsworth Partners made unauthorized payments on loans to the Rosen family trusts and another entity.”
“Eugene Rosen falsely certified that Ellsworth Partners used all available funds to pay down its federally insured mortgage on housing built for moderate income families when, in reality, he transferred some of those funds to his family’s trust accounts,” said Acting United States Attorney Antoinette T. Bacon. “Our office will continue in partnership with HUD to hold accountable those who violate affordable housing program requirements.”
The investigation and settlement were the result of a coordinated effort between the U.S. Attorney’s Office for the Northern District of New York and HUD’s Office of Regional Counsel for New York and New Jersey. The United States was represented by Assistant U.S. Attorney Adam J. Katz.
Amsterdam Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Cameron Hennelly, age 30, of Amsterdam, 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 and Jodi Cohen, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Hennelly admitted that, while using a social media application on his phone, he sent a graphic image file of child pornography to another individual over the internet. A subsequent search of Hennelly’s phone revealed that he was also in possession of images and video files depicting child pornography.
Chief United States District Judge Glenn T. Suddaby will sentence Hennelly on December 9, 2021. Hennelly faces at least 5 years and up to 20 years in prison, and a term of post-imprisonment 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. Hennelly will also have to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies. This case is being prosecuted by Assistant United States Attorney Rachel Williams as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Syracuse Man Pleads Guilty to Wire Fraud and Filing False Tax ReturnsRead the Press Release
SYRACUSE, NEW YORK – Glen Zinszer, age 51, of Liverpool, New York, pled guilty today to committing wire fraud and willfully filing false tax returns, announced Acting United States Attorney Antoinette T. Bacon; Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”); and Jodi Cohen, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Zinszer admitted that he began operating the Brazzlebox company in 2012, which he represented to investors would be like a Facebook for business. Beginning in April 2013 and continuing until approximately the summer of 2016, Zinszer made false representations to investors about how Brazzlebox was doing to cause them to invest more money and remain invested. In pleading guilty, Zinszer admitted that he inflated Brazzlebox’s user numbers and told employees to create fictitious user accounts to inflate those figures, misrepresented purportedly revenue-generating strategic partnerships, forged documents to support those falsehoods, and forged a letter of intent to purchase Brazzlebox for millions of dollars.
From 2012 through 2016, Zinszer used a substantial portion of the money invested in Brazzlebox to finance his lifestyle rather than to operate the business, including paying mortgages on his homes and purchasing concert tickets and jewelry. Although Zinszer used money from Brazzlebox to finance his lifestyle, he willfully filed false tax returns underreporting his income in tax years 2013-2016.
Sentencing is scheduled for November 29, 2021, in Syracuse before Senior United States District Court Judge Frederick J. Scullin, Jr. Zinszer faces a maximum term of imprisonment of 20 years for his wire fraud conviction, and 3 years for his conviction for willfully filing false tax returns, a maximum fine of $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 statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by IRS-CI and the FBI, and is being prosecuted by Assistant United States Attorneys Michael D. Gadarian and Geoffrey J.L. Brown.
Pennsylvania Man Sentenced to 124 Months for Attempted Enticement and Coercion of a MinorRead the Press Release
SYRACUSE, NEW YORK - Peter N. Allen, age 33, of East Stroudsburg, Pennsylvania was sentenced today to serve 124 months in prison for attempting to arrange for a sexual encounter with a minor. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Jodi Cohen, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, Allen admitted that between February 2020 and May 2020, he exchanged multiple sexually explicit messages online with an undercover officer posing an 11-year-old girl to entice the child into having sex with him. Allen also admitted that on May 14, 2020, he traveled from Pennsylvania to a fast-food restaurant parking lot in New York near where he believed the child lived to meet her for sex.
Senior United States District Judge Thomas J. McAvoy also sentenced Allen to a 15-year term of supervised release to begin following his term of imprisonment. Allen also will be required to register as a sex offender upon his release from prison.
This case was investigated by Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian as a part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Man Sentenced for Traveling from Massachusetts to New York to Have Sex with a ChildRead the Press Release
ALBANY, NEW YORK – Anthony Beckwith, age 36, of Sheffield, Massachusetts, was sentenced today to 41 months in prison for traveling in interstate commerce to have sex with someone whom he believed to be a 12- or 14-year-old girl.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Jodi Cohen; Acting 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.
In pleading guilty, Beckwith admitted to communicating with a man he believed to be offering his 12- or 14-year-old stepdaughter for sex. As arranged with the man, Beckwith drove from Sheffield to Albany to have sex with the child on February 1, 2019, but drove off after observing what he believed to be law enforcement. He was later arrested and ultimately admitted to traveling to Albany with the intent to have sex with the child.
United States District Judge Mae A. D’Agostino also sentenced Beckwith to a 10-year term of supervised release, to begin following his term of imprisonment, and ordered him to pay $5,100 in assessments. Beckwith will also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and New York State Police, and prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Halfmoon Man Pleads Guilty to Attempted Coercion and Enticement of a Minor to Engage in Criminal Sexual ActivityRead the Press Release
ALBANY, NEW YORK – Kevin J. Nugent, age 43, of Halfmoon, New York, pled guilty today to attempting to coerce and entice a minor to engage in criminal sexual conduct with him. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Jodi Cohen, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Nugent admitted that in August 2019, he exchanged multiple sexually explicit messages via an online social networking application with an undercover officer posing as a 14-year-old child, in an attempt to coerce and entice the child into having sex with him. Nugent further admitted that on August 27, 2019, he traveled in order to meet with the child at a location in Albany County. Nugent was arrested after arriving at the location, and has been in custody since that date.
Sentencing is scheduled for November 27, 2021 in Albany, before United States District Judge Mae A. D’Agostino. Nugent faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life.
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. Nugent also will have to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Syracuse Man Pleads Guilty to Possessing Unregistered SilencersRead the Press Release
SYRACUSE, NEW YORK - Anthony Lopes, age 29, of Syracuse, New York, pled guilty today to possessing unregistered silencers, announced Acting United States Attorney Antoinette T. Bacon, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Kenton Buckner, City of Syracuse Police Department.
As part of his guilty plea, Lopes admitted to selling a total of three silencers on February 10, 2020, and February 13, 2020. None of the silencers had serial numbers and were not registered to Lopes in the National Firearms Registration and Transfer Record.
Sentencing is scheduled for November 10, 2021, before Chief District Judge Glenn T. Suddaby in Syracuse, New York, at which time Lopes faces up to 10 years in prison, a fine of up to $10,000, 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 United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Syracuse Police Department-Special Investigations Division (SPD-SID), and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
Justice Department and Oneida County Board of Elections Reach Agreement under National Voter Registration Act and Help America Vote ActRead the Press Release
WASHINGTON - The Justice Department announced yesterday that it has entered into a proposed consent decree to settle a voting rights lawsuit with the Board of Elections of Oneida County, New York.
The proposed consent decree was filed in the U.S. District Court for the Northern District of New York in conjunction with a lawsuit brought by the Justice Department. The Justice Department’s complaint alleges that, before the November 2020 federal general election, the Oneida County Board of Elections failed to process approximately 2,400 timely-submitted voter registration applications completed through state motor vehicle offices and failed to ensure that voter registration applicants received timely notice of the disposition of their applications, in violation of Section 8 of the National Voter Registration Act (NVRA). The complaint also alleges that the State violated Section 302 of the Help America Vote Act (HAVA) by summarily rejecting nearly 1,800 provisional ballots cast by Oneida County voters in the November 2020 federal election without verifying the voters’ eligibility and without counting those provisional ballots cast by eligible voters.
The Justice Department gave notice to the Oneida County Board of Elections of its intent to bring suit under the NVRA and HAVA on March 23, and the parties worked collaboratively to achieve this agreement. The parties’ consent decree, which must still be approved by the court, provides that the Oneida County Board of Elections will develop and implement uniform and nondiscriminatory policies and procedures to ensure that election officials review and process all timely submitted voter registration applications in accordance with the NVRA. In addition, the board will train all poll officials and other election personnel regarding the provisional balloting requirements of HAVA. Finally, the board will provide periodic reports to the Justice Department regarding compliance with the proposed consent decree.
“We will continue using critical federal voting rights laws to help ensure that eligible voters enjoy access to the ballot box,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The National Voter Registration Act requires states to ensure that voter registration applications submitted before the deadline for federal elections are timely processed, and that qualified voters are promptly included on voter rolls for federal elections. The Help America Voter Act ensures that registered voters who have been left off voting lists can cast provisional ballots that will be promptly verified and counted if the voters are found to be eligible. I am pleased that the Oneida County Board of Elections has worked with the Department of Justice and agreed to measures that will protect these vital rights and establish safeguards to ensure compliance with the law in future federal elections.”
“We join the Civil Rights Division in bringing this important lawsuit under the National Voter Registration Act and the Help America Vote Act, and appreciate that Oneida County has worked with the Justice Department to ensure that all Oneida County residents enjoy the voting rights and protections afforded to them,” said Acting U.S. Attorney Antoinette T. Bacon of the Northern District of New York.
More information about the National Voter Registration Act, the Help America Vote Act and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section.
Albany County Man Pleads Guilty to Transporting and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Christopher Eberlein, age 54, of Albany, pled guilty today to multiple counts of transportation and possession of child pornography. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Jodi Cohen, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea before United States District Judge Mae A. D’Agostino, Eberlein admitted that he emailed hundreds of child pornography images and videos to himself from June 2008 through May 2019. He also admitted to possessing child pornography images and videos on three laptops and one thumb drive.
Eberlein faces at least 5 years and up to 20 years in prison, and a term of supervised release of at least 5 years and up to life, when he is sentenced on November 9, 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. Additionally, Eberlein will be required to register as a sex offender.
This case was investigated by the FBI and its Child Exploitation Task Force, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.
This case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Utica Man Pleads Guilty to Aggravated Harassment of VA EmployeesRead the Press Release
ALBANY, NEW YORK – Robert Seifert, age 63, of Utica, New York, plead guilty today to making telephonic threats to employees of the Albany Stratton Veterans Affairs Medical Center.
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.
Seifert, who has been convicted twice before of threatening VA employees, admitted that on January 14, 2021, he made three successive calls to employees at the Albany Stratton VA with no legitimate purpose other than to harass and threaten them, and left 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 is scheduled to sentence Seifert on October 6, 2021, at which time Seifert faces a maximum term of imprisonment of 364 days and a maximum fine of up to $1,000 for each of the three counts, and a term of supervised release of up to 1 year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by U.S. Department of Veterans Affairs Office of Inspector General, and the Veterans Affairs Police Service at the Albany Stratton VA Medical Center, and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.
Syracuse Man Sentenced to Seven Years in Federal Prison for Brokering Illegal Gun SalesRead the Press Release
SYRACUSE, NEW YORK – Daniel Morales, age 36, of Syracuse, was sentenced today to serve 84 months (7 years) in federal prison for causing the sale of firearms and ammunition to a convicted felon, announced Acting United States Attorney Antoinette T. Bacon, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Kenton Buckner, City of Syracuse Police Department.
In addition to his sentence of imprisonment, Daniel Morales was also ordered to serve a three (3) year term of supervised release following his release from incarceration.
In pleading guilty previously Daniel Morales admitted that he acted as a middleman in the sale of 13 firearms and ammunition recovered in a joint investigation conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department. The investigation in late 2018 and early 2019 included undercover purchases of stolen firearms, fully automatic weapons, illegally short-barreled rifles, and non-commercially fabricated “ghost guns” (pistols and rifles). Morales brokered a series of undercover firearms sales in Syracuse and Solvay from sellers Luis Matos, and later Jovaun Clark. During these sales, Morales connected the illegal firearms sellers with the undercover buyer for a fee paid in cash. The sales of the firearms included:
- one (1) Ruger, model 10-22RB Carbine rifle, caliber .22LR
- one (1) Marlin, model 1894 Carbine rifle, .357 caliber
- one (1) Marlin, model 1894 Carbine rifle, .357 caliber
- one (1) stolen Gristmill MFG, Valley Arms model XM177ES, .223/.556 caliber rifle with illegally short barrel
- one (1) grey and black P80, unserialized 9mm caliber “ghost gun” pistol
- one (1) black P80, un-serialized .40 caliber “ghost gun” pistol
- one (1) grey and black P80, unserialized .40 caliber “ghost” gun pistol with a threaded barrel
- one (1) fully automatic tan and black P80, un-serialized .40 caliber “ghost gun” pistol
- one stolen (1) Ruger, model Mini-Thirty, 7.62 caliber rifle
- one (1) grey and black rifle bearing no make, model or serial number, .223 caliber, with an illegally short barrel
- one (1) fully automatic grey and black P80 9mm caliber unserialized “ghost gun” pistol
- one (1) Smith and Wesson, model 5906 9mm pistol
- one (1) black and tan semiautomatic pistol with extendable grip, caliber 5.56 x 45 mm, bearing no serial number.
Luis Matos pled guilty to being a felon in possession of firearms and was sentenced on July 28, 2020, to serve 60-months in federal prison, followed by a 3-year term of supervised release.
Jovaun Clark is charged in a pending indictment with several firearms offenses. He is currently scheduled for trial on November 15, 2021. The charges in the indictment are merely accusations and he is innocent until or unless proven guilty
This case was investigated by The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Special Investigations Division (SPD-SID), and the New York State Department of Corrections and Community Supervision (DOCCS), and was prosecuted by Assistant U.S. Attorney Richard Southwick.
Six Defendants Facing Federal Charges as Part of Intensified Focus on Gun CrimesRead the Press Release
ALBANY, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that the following defendants have been indicted or arrested within the last month for illegally possessing firearms and ammunition in the Capital Region:
- Thomas Hendricks, age 39, of Schenectady, New York, was arrested on a federal complaint charging him with unlawfully possessing a firearm as a felon. The case is being investigated by the Schenectady Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and prosecuted by Assistant United States Attorney Emmet O’Hanlon.
- Duquan Mcleod, age 31, of Rockingham, North Carolina, was indicted for unlawfully possessing a firearm as a felon. The case is being investigated by the Schenectady Police Department and ATF, and prosecuted by Assistant United States Attorney Emmet O’Hanlon.
- Justin Micheli, age 33, of Schodack, New York, was indicted for possessing a firearm in furtherance of a drug trafficking crime, possessing a firearm as a felon, and possessing and intending to distribute 500 grams or more of cocaine. The case is being investigated by the Drug Enforcement Administration (DEA), and prosecuted by Assistant United States Attorneys Ashlyn Miranda and Alexander Wentworth-Ping.
- Leonard Samuels, age 38 of Schenectady, was indicted for unlawfully possessing a firearm as a felon. The case is being investigated by the Federal Bureau of Investigation (FBI) and prosecuted by Assistant United States Attorney Emmet O’Hanlon.
- Frankie Rios, age 40, of Troy, New York, was indicted for unlawfully possessing a firearm as a felon, and possessing and intending to distribute cocaine and 28 grams or more of cocaine base. The case is being investigated by the ATF and Troy Police Department, and prosecuted by Assistant United States Attorney Rachel Williams.
- Mikal Smith, age 27, of Albany, was indicted for unlawfully possessing 20 rounds of ammunition as a felon, and possessing and intending to distribute cocaine. The case is being investigated by the DEA and Albany Police Department, and prosecuted by Assistant United States Attorney Rachel Williams.
These are separate cases brought as part of a larger effort to direct greater resources to prosecuting gun crimes in cities across the Northern District of New York. The charges are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Citizen tips can help get illegal and unlawfully possessed guns off the streets, and can be provided as follows:
- Capital Region Crime Stoppers – tips can be made anonymously by visiting http://www.capitalregioncrimestoppers.com.
- Syracuse Police Department – tips can be made anonymously via the tip411 web site, or by calling (315) 442-5111.
Jury Convicts New Jersey Man of Essex County Drug ConspiracyRead the Press Release
ALBANY, NEW YORK - James Kerns, age 30, of Elizabethtown, New Jersey, was convicted on June 30, 2020, following a four-day jury trial of conspiracy to possess with intent to distribute and to distribute cocaine and crack cocaine, and possession with intent to distribute cocaine and crack cocaine, 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.
The trial evidence showed that on November 2, 2020, Kerns conspired with co-defendant Ibn Spivey and others to distribute cocaine and crack cocaine from a local residence in Westport, New York, in Essex County. It was established during trial that on November 2, 2020, Kerns and Spivey travelled from New Jersey to a residence in Westport and began to distribute cocaine and crack cocaine. On November 3, 2020, DEA Special Agents executed a search warrant at this location where they found Kerns sitting across from a large brick of cocaine and drug packaging materials along with a large knife and a video surveillance monitor. Beside Kerns was a lunchbox filled with crack cocaine and powder cocaine. DEA Special Agents found Spivey sitting across from Kerns, with a bag of crack tucked in his (Spivey’s) trousers. Both Spivey and Kerns were arrested.
Sentencing is scheduled for November 4, 2021. As a result of his trial conviction, Kerns faces a minimum of 5 years and a maximum term of imprisonment of 40 years, a fine of up to $5,000,000, and term of supervised release of at least 4-years and up to life, when he is sentenced by Chief United States District Judge Glenn T. Suddaby. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Ibn Spivey, 29, also from Elizabethtown, New Jersey, pled guilty to possession with intent to distribute cocaine and crack cocaine just prior to the commencement of trial. Spivey is scheduled to be sentenced on October 28, 2021. As a result of his conviction, Spivey faces a minimum of 5 years and a maximum term of imprisonment of 40 years, a fine of up to $5,000,000, and term of supervised release of at least 4 years and up to life.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorneys Troy Anderson and Katherine Kopita.
Jury Convicts Arizona Man of Methamphetamine Trafficking and Possession of a FirearmRead the Press Release
SYRACUSE, NEW YORK – A federal court jury in Syracuse today convicted Davonte Williams-Dorsey, age 24, of Phoenix, Arizona, of Conspiracy to Possess with Intent to Distribute a Controlled Substance (methamphetamine), Possession with Intent to Distribute a Controlled Substance (methamphetamine), and Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 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. The guilty verdict today followed a four-day jury trial during which Davonte Williams-Dorsey represented himself with the assistance of standby counsel.
The evidence at trial established that Williams-Dorsey and Tyshawn Logan, 24, of Cleveland, Ohio, conspired together to bring 20 kilograms (approximately 44 pounds) of methamphetamine from Arizona to Syracuse, where it was to be sold. DEA Special Agents and other law enforcement officers arrested Davonte Williams-Dorsey in Syracuse on January 8, 2020 in possession of 20 kilograms of methamphetamine in an automobile. At the time of his arrest Davonte Williams Dorsey was carrying a loaded Taurus 9mm semiautomatic handgun in the waistband of his trousers. Tyshawn Logan was arrested in a building in Syracuse where he was staying after transporting the methamphetamine from California by car.
Davonte Williams-Dorsey is scheduled to be sentenced on November 29, 2021, at which time he faces a minimum sentence of 10-years and a maximum sentence of life imprisonment, a fine of up to $10,000,000.00, and a term of supervised release of at least 5-years and up to life, for his convictions for Conspiracy to Possess with Intent to Distribute a Controlled Substance (methamphetamine), and Possession with Intent to Distribute a Controlled Substance (methamphetamine). For his conviction for Possession of a Firearm in Furtherance of a Drug Trafficking Crime he faces a mandatory consecutive sentence of at least 5-years and up to life imprisonment, and a fine of up to $250,000.00.
Tyshawn Logan pled guilty previously to Conspiracy to Possess with Intent to Distribute a Controlled Substance (methamphetamine), and Possession with Intent to Distribute a Controlled Substance (methamphetamine). He is scheduled to be sentenced August 24, 2021, and faces a minimum sentence of 10-years and a maximum sentence of life imprisonment, a fine of up to $10,000,000.00, and a term of supervised release of at least 5-years and up to life, for his convictions for Conspiracy to Possess with Intent to Distribute a Controlled Substance (methamphetamine), and Possession with Intent to Distribute a Controlled Substance (methamphetamine).
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 the assistance of the Syracuse Police Department-Special Investigations Division, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and DEA Task Force Officers from the New York State Police, U.S. Department of Homeland Security ICE-ERO, the Oneida County Sheriff’s Department, and the City of Rome Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Broome County Man Pleads Guilty to Attempted Enticement and Coercion of a MinorRead the Press Release
SYRACUSE, NEW YORK – Richard C. O’Hara, age 32, of Broome County pled guilty today to attempting to coerce and entice a minor to engage in sexual conduct with him. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, O’Hara admitted that in July and August 2020 he exchanged multiple sexually explicit messages online with an undercover officer posing a 10-year-old girl, in an attempt to entice the child into having sex with him. O’Hara also admitted that on August 5, 2020 he traveled to a house where he believed the child lived, intending to engage in sex acts with her that day.
O’Hara faces at least 10 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Sentencing is scheduled for November 3, 2021 in Binghamton, New York before Senior United States District Judge Thomas J. McAvoy. 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. O’Hara also will have to register as a sex offender upon his release from prison.
O’Hara’s case was investigated by Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as a part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Onondaga Reservation Resident Pleads Guilty to Drug and Money Laundering ChargesRead the Press Release
SYRACUSE, NEW YORK – Robert Printup, age 36, a resident of the Onondaga Reservation in Onondaga County, New York, pled guilty today to conspiring to distribute marijuana and launder drug proceeds, and possessing marijuana with the intent to distribute, 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 guilty plea, Printup admitted that between February 2017 and July 2017, he received bulk quantities of marijuana from a source of supply who illegally imported marijuana from Canada to northern New York. Printup distributed the marijuana he received to customers in the Syracuse area and sent some of the proceeds back to his source of supply. In pleading guilty, Printup admitted he distributed at least 241 kilograms (approximately 530 pounds) of marijuana.
Sentencing is scheduled for November 3, 2021, before Senior District Judge Thomas J. McAvoy in Binghamton, New York, at which time Printup faces a minimum sentence of 5 years, with a maximum of up to 40 years, a fine of up to $5,000,000, and a term of supervised release of at least 4 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 U.S. Homeland Security Investigations (HSI), U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), the Syracuse Police Department-Special Investigations Division, 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 Assistant United States Attorney Thomas Sutcliffe.
Watertown Man Pleads Guilty to Federal Drug and Firearms ChargesRead the Press Release
SYRACUSE, NEW YORK – Daniel J. Borg, 43, of Watertown, New York, pled guilty yesterday to possession of controlled substances (heroin/fentanyl and eutylone) with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, possession of a sawed-off shotgun, and possession of a firearm by a convicted felon, announced Acting United States Attorney Antoinette T. Bacon, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Jefferson County District Attorney Kristyna Mills.
As part of his guilty plea, Daniel J. Borg admitted that on January 21, 2021 he was in possession of 305 grams of eutylone as well as 30 separate bags of a heroin/fentanyl mixture in an Audi automobile that he parked at a self-storage area in Watertown where he leased a unit. Detectives from the Metro-Jefferson Drug Task Force (Met-Jeff) surveilled Borg as he was about to enter his locked storage unit. After taking Borg into custody and recovering the drugs from the Audi, Met-Jeff Detectives obtained Borg’s consent to search his locked storage unit. Inside the storage unit Met-Jeff Detectives located a safe containing 500 separate small plastic bags, each holding a small quantity of a heroin/fentanyl mixture. Also recovered from the storage unit was a sawed-off .410-gauge shotgun illegally possessed by Borg, who was previously convicted of five (5) prior felony offenses.
Sentencing is scheduled October 19, 2021, at which time Borg faces a maximum sentence of up to 20-years imprisonment, and a fine of up to $1,000,000.00, and a minimum term of supervised release of 5 years and up to life for his conviction for possession with intent to distribute controlled substances. He faces a mandatory consecutive sentence of 5-years, and up to life for his conviction for possession of a firearm in furtherance of a drug trafficking crime, and up to 10-years imprisonment for possession of a sawed-off shotgun, and possession of a firearm by a previously convicted felon. 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 United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Metro-Jefferson Drug Task Force, consisting of Detectives from the City of Watertown Police Department, Detectives from the Jefferson County Sheriff’s Office, Investigators from the Jefferson County District Attorney’s Office, and Special Agents from the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
Nine Face Federal Drug and Firearms ChargesRead the Press Release
BINGHAMTON, NEW YORK – Nine defendants were arrested and charged with federal drug conspiracy and drug possession charges, conspiracy to commit money laundering and federal firearms offenses, announced Acting United States Attorney Antoinette T. Bacon, Kevin M. Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and Acting New York State Police Superintendent Kevin P. Bruen.
The following defendants were arrested from June 17, 2021 through June 26, 2021:
Tushaun Merritt, 44, of Michigan, was arrested in the District of Nevada on an indictment filed in the Northern District of New York. He is charged in an Indictment with Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine and Heroin, and Conspiracy to Commit Money Laundering. If convicted he faces at least 10 years and up to life in prison, a fine of up to $10,000,000 and a supervised release term of at least 5 years and up to life.
Demarrio Shell, 47, of Michigan, was arrested in the District of Nevada on an indictment filed in the Northern District of New York. He is charged in an indictment with Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine and Heroin, Possession with Intent to Distribute Methamphetamine, and Conspiracy to Commit Money Laundering. If convicted he faces at least 10 years and up to life in prison, a fine of up to $10,000,000 and a supervised release term of at least 5 years and up to life.
Michael Hawkins, 38, of Michigan, was arrested in the Western District of Michigan on an indictment filed in the Northern District of New York. He is charged in an indictment with Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine and Heroin, Possession with Intent to Distribute Methamphetamine, and Conspiracy to Commit Money Laundering. If convicted he faces at least 10 years and up to life in prison, a fine of up to $10,000,000 and a supervised release term of at least 5 years and up to life.
David Wemmer, 51, of Spencer, New York, is charged in an indictment with Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine and Heroin, and Conspiracy to Commit Money Laundering. If convicted he faces at least 10 years and up to life in prison, a fine of up to $10,000,000 and a supervised release term of at least 5 years and up to life.
Jennifer Patton, 40, of Spencer, New York, is charged in an indictment with Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine, and Possession with Intent to Distribute Methamphetamine. If convicted she faces at least 10 years and up to life in prison, a fine of up to $10,000,000 and a supervised release term of at least 5 years and up to life.
Brandon Vanorman, 45, of Spencer, New York, is charged in a criminal complaint with Possession with Intent to Distribute Methamphetamine and Cocaine. If convicted he faces between 5 and 40 years in prison, a fine of up to $5,000,000 and a supervised release term of at least 4 years and up to life.
Philip Acciarito, 34, of Owego, New York, is charged in a criminal complaint with Possession of a Firearm by a Convicted Felon. If convicted he faces up to 10 years in prison, a fine of up to $250,000.00, and a period of supervised release of up to 3 years.
David Cobb, 32, of Spencer, New York, is charged in a criminal complaint with Possession of a Firearm by a Convicted Felon. If convicted he faces up to 10 years in prison, a fine of up to $250,000.00, and a period of supervised release of up to 3 years.
Eini Raupers, 44, of Spencer, New York, is charged in a criminal complaint with Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine and Cocaine. If convicted, she faces up to 20 years in prison, a fine of up to $1,000,000 and a supervised release term 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. The charges in the indictments and complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Several of the defendants appeared in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric. Others appeared in front of magistrates in the District of Nevada and the Western District of Michigan. To date, they are all currently detained pending further proceedings.
This case is being investigated by the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Internal Revenue Service-Criminal Investigation (IRS-CI), the United States Postal Inspection Service (USPIS), the New York State Police Violent Gang and Narcotics Enforcement Team (NYSP VGNET, Troop C and E), the New York State Police Special Investigations Unit (SIU), the Broome County Special Investigations Unit Task Force (BCSIUTF), the Tioga County District Attorney’s Office, the Elmira Police Department, the Michigan Jackson Narcotics Enforcement Team (JNET), with the assistance of the Tioga County Sheriff’s Office, the Owego Police Department and the Sayre Police Department and is being prosecuted by Assistant U.S. Attorney Kristen Grabowski, with the assistance of the United States Attorney’s Offices in the Eastern and Western Districts of Michigan, the Western District of New York and the District of Nevada.
Syracuse Man Admits Role in Drug ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Luis Carrasquillo, age 35, of Syracuse pled guilty to conspiracy to distribute controlled substances, and distribution of a mixture of heroin and fentanyl, as well as cocaine, announced Acting United States Attorney Antoinette T. Bacon, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), and Chief Kenton Buckner, City of Syracuse Police Department.
As part of his guilty plea, Carrasquillo admitted that he conspired with Waldemar Colon and Isidro De Los Santos to sell heroin mixed with fentanyl, and cocaine from De los Santos’s apartment on Gifford Street in Syracuse as part of a conspiracy that existed from December 2018 through January 31, 2019. Carrasquillo also pled guilty to aiding and abetting the sale of a mixture of heroin and fentanyl, as well as a separate quantity of cocaine on December 6, 2018.
On January 31, 2019, ATF Special Agents assisted by DEA and the Syracuse Police Department-Special Investigations Division executed a federal search warrant at Isidro De Los Santos’s residence and recovered over twenty-one ounces (608 grams) of heroin mixed with fentanyl in two packages. A federal search warrant executed at the adjacent apartment of another involved defendant, Anthony Moreno, on the same day resulted in the seizure of over 18 ounces (521grams) of cocaine.
Sentencing for Luis Carrasquillo is scheduled for October 21, 2021 in Syracuse, at which time Carrasquillo faces a maximum sentence of up to 20 years in prison, a fine of up to $1,000,000.00, and term of post-imprisonment supervised release of at least three-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.
Isidro De Los Santos pled guilty to conspiracy to possess with intent to distribute controlled substances, and distribution of controlled substances, and was sentenced on November 13, 2020 to serve a sentence of nine years (108 months) in prison, and a 5-year term of supervised release.
Anthony Moreno pled guilty to conspiracy to possess with intent to distribute controlled substances, and on November 17, 2020 was sentenced on to serve 51 months in prison, followed by a 5-year term of supervised release.
Waldemar Colon pled guilty to conspiracy to possess with intent to distribute controlled substances, and distribution of controlled substances, and is awaiting sentencing scheduled for August 11, 2021.
This case was investigated by the United State Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Special Investigations Division, and the United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
Saratoga County Man Pleads Guilty to Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Daniel Porrazzo, a/k/a “lickndipinu,” age 51, of Stillwater, New York, pled guilty today to two counts of possession of child pornography.
The announcement was made by Acting United States 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 guilty plea, Porrazzo admitted that on June 2, 2016, he possessed multiple images of child pornography on two laptop computers, and that the child pornography he possessed included depictions of children under age 12 being sexually abused.
Porrazzo faces a maximum term of imprisonment of 20 years, a mandatory term of supervised release of 5 years and up to life, and a maximum $250,000 fine, when he is sentenced by Senior United States District Judge Thomas J. McAvoy on October 13, 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. Porrazzo will also have to register as a sex offender.
Porrazzo has been in custody since his arrest on October 2, 2020.
This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.
New York Man Sentenced to 18 Months for Threatening to Kill a United States SenatorRead the Press Release
ALBANY, NEW YORK – Carlo Di Padova, age 61, was sentenced last week to 18 months in prison for mailing a threatening communication and impeding, intimidating, and interfering with a federal official by threat.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Jodi Cohen, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, Di Padova admitted to sending a letter to a United States Senator that contained a white powdery substance and stated that Di Padova planned to have someone shoot the Senator in the head. The powder in the letter was harmless.
The 18-month term of imprisonment, imposed on June 16, 2021, will run consecutive to a 16-year-to-life sentence that Di Padova was serving in New York State custody at the time of his indictment.
This case was investigated by the FBI and the New York State Department of Correction and Community Supervision, Office of Special Investigation, and prosecuted by Assistant U.S. Attorney Emily C. Powers.
Georgia Man Charged with Impersonating a Department of Energy Employee in Order to Gain Access to the Port of AlbanyRead the Press Release
ALBANY, NEW YORK – Andrew Avila, age 49, of Acworth, Georgia, was indicted last week for pretending to be a Department of Energy employee in order to gain entry and access to the Port of Albany.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and U.S. Department of Energy Inspector General Teri L. Donaldson.
The Port of Albany is a transportation hub where vessel and rail freight are shipped and received; access to the Port is restricted pursuant to federal regulations.
Avila is charged with falsely representing himself to be a Department of Energy employee on May 2, 2018. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The two-count indictment, returned by the grand jury on June 15, 2021, charges Avila with entry under false pretenses, a misdemeanor, and false personation, a felony. The first offense carries a maximum penalty of 1 year in prison, as well as a fine of up to $100,000 and a term of supervised release of up to 1 year. The second offense carries a maximum penalty of 3 years in prison, as well as a fine of up to $250,000 and a term of supervised release of up to 1 year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Avila will be arraigned at a later date.
This case is being investigated by the Department of Energy, Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Syracuse Man Indicted for Assaulting a U.S. Postal EmployeeRead the Press Release
SYRACUSE, NEW YORK – Javon Mayo, age 29, of Syracuse, was arraigned today on an indictment charging him with assaulting a United States Postal Service employee, announced Acting United States Attorney Antoinette T. Bacon and Joshua McCallister, Acting Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.
The indictment charges that on December 24, 2020, Mayo struck a letter carrier in the face while the carrier was performing his official duties, and injured the carrier as a result. Mayo is detained pending a detention hearing scheduled before United States Magistrate Judge Thérèse Wiley Dancks on June 22.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of the charges set forth in the indictment, Mayo faces up to 20 years in prison, a maximum fine of up to $250,000, and up to 3 years of post-imprisonment 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 U.S. Postal Inspection Service and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
Saratoga Springs Man Pleads Guilty to Misusing a Social Security Number to Obtain Unemployment Insurance BenefitsRead the Press Release
ALBANY, NEW YORK – Markhwan Berning, age 37, of Saratoga Springs, New York, pled guilty today to misusing a social security number.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Nikitas Splagounias, Acting Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (DOL-OIG).
In pleading guilty, Berning admitted that between May and July 2020, he obtained unemployment insurance benefits, including federal pandemic-related benefits, by falsely presenting to the New York State Department of Labor a fake social security number as his own.
At sentencing, Berning faces a maximum of 5 years in prison, a term of supervised release of up to 3 years, and a maximum $250,000 fine. Berning is scheduled to be sentenced on October 16, 2021, by Senior United States District Judge Lawrence A. Kahn. 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 DOL-OIG, with assistance from the Federal Bureau of Investigation and the New York State Department of Labor, Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
This case is being investigated as part of the Department of Justice’s COVID Fraud Task Force. To learn more about the Department’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. The public is urged to report suspected fraud schemes related to COVID-19 to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at: www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form
Albany Man Pleads Guilty to Charges of Supplemental Security Income FraudRead the Press Release
ALBANY, NEW YORK – Jorge Ortiz, Jr., age 60, of Albany, pled guilty today to concealing his resources from the Social Security Administration (SSA) in order to defraud SSA into paying Supplemental Security Income (SSI) benefits to his stepson, 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, Ortiz admitted that from November 2008 through February 2016, while acting as representative payee for a family member, Ortiz concealed and failed to disclose assets and resources 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.
As a result of his conviction, Ortiz 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 October 12, 2021 before Senior United States District Judge Thomas J. McAvoy. 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.
Bronx Man Indicted for Offering Bribes to Public OfficialRead the Press Release
SYRACUSE, NEW YORK - Muhammad Z. Aabdin, age 30, of the Bronx, New York, has been indicted for offering bribes to a public official and using facilities of interstate commerce to commit a bribery offense. The indictment was announced today by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Christopher F. Algieri, Veterans Affairs Office of Inspector General, Northeast Field Office.
The indictment, returned by the grand jury on June 10, 2021, alleges that in September and October 2020, Aabdin offered unsolicited bribes to a contracting officer with the Veterans Administration (“VA”) in Syracuse. Aabdin allegedly offered to share profits with the VA contracting officer in exchange for her awarding VA contracts to him for personal protective equipment (“PPE”) and assisting him in getting payments on such contracts. The contracting officer reported Aabdin’s alleged bribery offers to law enforcement.
Aabdin has been released pending disposition of the charges. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charges filed against Aabdin carry 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 is being investigated by VA Office of Inspector General, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Jefferson County Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
SYRACUSE, NEW YORK – Chad A. Worthington, age 43, of Ellisburg, New York, pled guilty today in federal court in Syracuse to one felony count of failing to register and update his registration as a sex offender after it was discovered that he had an e-mail address that he had not disclosed to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced Acting United States Attorney Antoinette T. Bacon and David L. McNulty, United States Marshal for the Northern District of New York.
In pleading guilty, 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.
In addition to his plea to failure to register and update a registration as a sex offender, Worthington also admitted today that this conduct violated the terms of supervised release previously imposed after his 2005 convictions.
Sentencing is scheduled for October 12, 2021, before Senior United States District Judge Norman A. Mordue. In addition to any punishment for violating the terms of his supervised release, Worthington faces a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of at least 5 years and up to life on the sex offender registration offense. 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 Marshals Service and is being 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 Man Pleads Guilty to Possessing Three Loaded Firearms in Three Separate IncidentsRead the Press Release
ALBANY, NEW YORK – Jamir Hartfield, age 21, of Albany, pled guilty today to unlawfully possessing three loaded handguns, as a felon, during three separate incidents in Albany in November 2018, March 2019, and August 2019.
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 & Explosives (ATF); and Chief Eric Hawkins of the Albany Police Department (APD).
Hartfield was convicted in Albany County Court, in January 2018, of criminal possession of stolen property, a felony.
The November 2018 and August 2019 gun incidents involved encounters Hartfield had with the APD in which he fled and discarded loaded .380 and 9mm handguns.
The March 2019 incident involved a search warrant executed by the APD at a residence on Third Street in Albany, during which a different loaded 9mm handgun was recovered. Hartfield admitted possessing that 9mm handgun after his DNA was recovered from the gun.
Hartfield has been in federal custody since August 14, 2019.
United States District Judge Mae A. D’Agostino is scheduled to sentence Hartfield on October 19, 2021. Hartfield faces up to 10 years in prison; a fine up to $250,000; and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by the APD and ATF, and is being prosecuted by Assistant United States Attorney Robert A. Sharpe.
Former Liverpool Postal Carrier Pleads Guilty to Stealing Gift Cards from MailRead the Press Release
SYRACUSE, NEW YORK – Thomas J. Joslin, age 58, of North Syracuse, New York, pled guilty today in federal court in Syracuse 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, 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.
The charges to which Joslin pled guilty 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. The defendant will be sentenced on October 7, 2021, by Senior United States District Judge Frederick J. Scullin, Jr., who presides over the case.
This case is being investigated by USPSOIG, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Troy Man Pleads Guilty to Trafficking Kilograms of HeroinRead the Press Release
ALBANY, NEW YORK – Carlos Leon Rivera, age 62, of Troy, New York, pled guilty today to conspiring to traffic more than 1 kilogram of heroin, and also admitted that the conspiracy involved up to 10 kilograms of heroin.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Rensselaer County Sheriff Pat Russo.
In pleading guilty, Leon admitted to working with Mario Figueroa-Portalatin to sell heroin in and around Troy, from January 2019 to March 2020. Leon admitted to regularly traveling to New York City, where he would acquire at least 500 grams of heroin at a time from Figueroa’s source of supply. Leon brought the heroin back to Troy, where he and Figueroa prepared and packaged it for sale to customers.
Leon also admitted that when DEA and other law enforcement searched his apartment on March 30, 2020, he possessed approximately 31 grams of heroin, 23.7 grams of fentanyl (in tablet form), and 60 grams of cocaine; $7,150 in drug proceeds; a Ruger model EC9S, 9mm handgun; and a Glock 30 .45 caliber handgun.
Leon, who has been in custody since March 30, 2020, faces at least 10 years and up to life in prison, as well as post-release supervision of at least 5 years and up to life, when Chief United States District Judge Glenn T. Suddaby sentences him on October 28, 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.
Figueroa-Portalatin, age 42, of Troy, pled guilty on August 11, 2020 to conspiring to distribute 1 kilogram or more of heroin, and is pending sentencing.
A third defendant, Jose Leon Roldan, age 42, of Troy, has pled not guilty to drug charges and is pending trial. The charges against Jose Leon Roldan are merely accusations. He is presumed innocent unless and until proven guilty.
This case is being investigated by the DEA and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Schenectady Man Pleads Guilty to Possession of a Molotov CocktailRead the Press Release
ALBANY, NEW YORK – Joel Malek, age 43, of Schenectady, New York, pled guilty today to possession of a “Molotov cocktail” on June 5, 2020, and admitted to using the improvised incendiary device to set fire to a vehicle in Schenectady.
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).
As part of his guilty plea, Malek admitted that on June 5, 2020, he and a co-conspirator approached a vehicle in Schenectady, at which time the co-conspirator broke the driver-side rear window with a hammer, and then Malek ignited a Molotov cocktail and threw it into the vehicle through the broken window, which started a fire and caused an explosion in the vehicle; no one was injured.
Acting United States Attorney Antoinette T. Bacon stated: “Joel Malek firebombed a vehicle, damaging a Schenectady resident’s property and frightening a community already on edge from the civil unrest that followed George Floyd’s May 25, 2020 death in Minneapolis. Today’s plea holds Malek fully accountable for his brazen and cruel act. I commend the investigators who worked quickly to solve the firebombing and arrest this dangerous man.”
“The defendant’s use of a destructive device not only endangered the lives of our community members but also jeopardized our first responders that had to extinguish and secure the scene,” stated ATF Special Agent in Charge John B. DeVito. "I thank them for their efforts, as well as those of the U.S. Attorney’s Office and the Federal Bureau of Investigation for partnering with ATF in sending a clear message that individuals committing violent acts in our communities will be held responsible for their actions."
Sentencing is scheduled for October 7, 2021 before Senior United States District Judge Norman A. Mordue. As a result of his conviction, Malek faces up to 10 years in prison, a fine of up to $10,000, 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. Malek has agreed to pay restitution in the amount of $3,000 to the owner of the vehicle. He has been in custody since his arrest on October 6, 2020.
This case was investigated by the ATF and the FBI’s Joint Terrorism Task Force, as well as the Schenectady Police and Fire Departments, and is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping.
North Country Hunting Guide Pleads Guilty to Hunting Waterfowl over BaitRead the Press Release
SYRACUSE, NEW YORK - William “Bill” Saiff III, age 57, of Henderson, New York, pled guilty today to a felony violation of the Lacey Act for hiring guides to lead paying hunters on illegal waterfowl hunts over baited ponds. The guilty plea 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 Bernard Rivers, Director of Law Enforcement, New York State Department of Environmental Conservation.
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, 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 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.
Saiff also admitted that he was on federal probation when he committed these offenses in 2018, having been convicted in federal court in Syracuse in 2017 for guiding illegal waterfowl hunts over bait in violation of the MBTA. Saiff faces separate charges for violating the terms of his probation for the offenses to which he pled guilty today.
At sentencing, Saiff faces up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Saiff will be sentenced on October 7, 2021, by Senior United States District Judge Norman A. Mordue, who presides over the criminal case. The supervised release violations are pending before United States Magistrate Thérèse Wiley Dancks.
This case is being investigated by U.S. Fish and Wildlife Service, Office of Law Enforcement, and the New York State Department of Environmental Conservation, Division of Law Enforcement, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Chenango County Man Pleads Guilty to Sexually Exploiting Three ChildrenRead the Press Release
SYRACUSE, NEW YORK – Patrick Kain, age 34, of Norwich, New York pled guilty yesterday to three counts of sexual exploitation of a child and one count of committing a felony involving a minor by a registered sex offender. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Nicholas Boshears, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Kain was convicted in Chenango County Court of Sexual Abuse in the First Degree in 2014, and because of that conviction is required to register as a sex offender in New York State. As a part of his guilty plea, Kain admitted that from roughly 2016 through 2019 he created sexually explicit images and videos of three different victims, each of whom were approximately five years old. These depictions generally involved Kain secretly recording the victims’ genitals. Included among this material is a video of Kain reaching his hand toward one of the victim’s genitals, putting his hand inside that victim’s underwear, and pulling it aside. In addition to the child pornography that Kain created, he also possessed approximately 90 videos and 10 images of child pornography not involving his own victims, both on his laptop and in an online storage account.
Kain faces a mandatory minimum sentence of 35 years and a maximum sentence of 160 years, a $250,000 fine, restitution to the victims, will be required to serve a post-release term of supervised release of between five years and life, and will have a continued duty to register as a sex offender. A defendant’s sentence is imposed by a judge based on the statutes the defendant violated, the U.S. Sentencing Guidelines, and other factors. The defendant’s sentencing is scheduled for October 6, 2021 before Hon. Thomas J. McAvoy, Senior District Judge.
This case is being investigated by the FBI, 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 Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Cayuga County Felon Admits to Unlawfully Possessing Firearms and AmmunitionRead the Press Release
ALBANY, NEW YORK – James Workman, age 32, of Conquest, New York, pled guilty today to unlawfully possessing a firearm and ammunition as a felon.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Nicholas B. Boshears, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Cayuga County Sheriff Brian Schenck.
Workman, who has prior felony convictions for arson and burglary offenses, admitted that he possessed a .30-06 caliber rifle and ammunition, and discharged the rifle at his residence in Conquest, on October 6, 2020.
Chief United States District Judge Glenn T. Suddaby is scheduled to sentence Workman on October 28, 2021. Workman faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. 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, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Cayuga County Sheriff’s Department, as well as Immigration and Customs Enforcement (ICE) and the Office of Special Investigation for the New York State Department of Corrections and Community Supervision (DOCCS). The case is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the ATF when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.
Amsterdam Man Sentenced for Attempting to Transfer Obscene Material to a MinorRead the Press Release
SYRACUSE, NEW YORK – Neil Giraldi, age 65, of Amsterdam, New York, was sentenced today to 33 months in prison for attempting to transfer obscene material to a minor.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Nicholas B. Boshears, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty, Giraldi admitted to sending sexually explicit messages and multiple pictures of his penis to an undercover FBI agent posing as a 13-year-old child on a social media application.
In addition to the prison sentence, Senior United States District Judge Norman A. Mordue sentenced Giraldi to a 3-year term of post-release supervision.
This case was investigated by the FBI and its Child Exploitation Task Force, and prosecuted by Assistant U.S. Attorney Rachel Williams.
Albany Felon Sentenced for Possession of a Loaded HandgunRead the Press Release
ALBANY, NEW YORK – Saul McDuffie, age 34, of Albany, was sentenced today to 33 months in prison for unlawful possession of a firearm by a felon.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Chief Eric Hawkins of the Albany Police Department (APD).
In pleading guilty, McDuffie admitted to possessing a loaded .380 caliber handgun on North Swan Street in Albany on October 28, 2019. When McDuffie saw a marked APD police cruiser pass, he placed the handgun on the tire of a parked car, which was observed by an APD officer responding to a complaint of drug dealing in the area. McDuffie had prior felony convictions for drug offenses and burglary when he possessed the loaded handgun.
In addition to the prison sentence, Chief U.S. District Judge Glenn T. Suddaby sentenced McDuffie to serve a 3-year term of post-release supervision.
This case was investigated by the APD and HSI, and prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Rachel Williams.
Akwesasne Man Pleads Guilty to Marijuana ChargesRead the Press Release
ALBANY, NEW YORK – Tevin Terrance, age 28, of Akwesasne, New York, pled guilty today to conspiring to distribute, and possess 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 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.
As a result of his conviction, Terrance faces at least 5 years and up to 40 years in prison, and a term of post-release supervision of at least 4 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. Sentencing is scheduled for October 28, 2021 before Chief United States District Judge Glenn T. Suddaby.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
Washington County Man Pleads Guilty to Distributing and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Sean Eckrote, age 37, of Granville, New York, pled guilty yesterday to distributing and possessing child pornography.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Nicholas B. Boshears, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty, Eckrote admitted that he used a phone-based messaging application to distribute images and videos containing child pornography to members of a private chat group. Eckrote admitted that he distributed child pornography to others in exchange for other child pornography, and to gain acceptance within the private chat group. Eckrote also admitted to possessing additional images and videos of child pornography on his cell phone, including depictions involving prepubescent children and children under the age of 12, the sexual abuse and exploitation of toddlers, and sadistic conduct.
Eckrote will be sentenced by Chief United States District Judge Glenn T. Suddaby on October 28, 2021, and is facing at least 5 years and up to 20 years in prison, to be followed by a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Eckrote will also have to register as a sex offender upon his release from prison.
The case was investigated by the FBI and its Child Exploitation Task Force, and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.
Six Defendants Indicted on Federal Firearms Charges as Part of Intensified Focus on Gun CrimesRead the Press Release
ALBANY, NEW YORK – Acting United States Attorney Antoinette T. Bacon and ATF Special Agent in Charge John B. DeVito announced that the following defendants have been indicted within the last week for illegally possessing firearms as felons:
- Macquawn E. Surgick, age 25, of Albany. The case is being investigated by the Albany Police Department, Albany County Sheriff’s Office and ATF.
- Marchane Turner, age 33, of Schenectady, New York. The case is being investigated by the Schenectady Police Department and ATF.
- Nicholas Cole, age 35, formerly of Clifton Park, New York. The case is being investigated by the Albany Police Department, the United States Marshals Service, and ATF.
- Adgun J. Honore, age 29, of Allentown, Pennsylvania. The case is being investigated by the New York State Police and ATF.
- Sassone Watson, age 41, of Troy, New York. The case is being investigated by the Federal Bureau of Investigation (FBI).
- Michael Darling, age 42, of Gloversville, New York, was indicted for unlawfully possessing firearms and ammunition as a felon, and for unlawfully possessing 6 pipe bombs. The case is being investigated by the Gloversville Police Department, the New York State Police, ATF, and the FBI.
These are separate cases. The charges in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty. The cases are being prosecuted by Assistant United States Attorney Robert A. Sharpe.
Acting United States Attorney Antoinette T. Bacon stated: “These cases, and many others under investigation, reflect our ongoing efforts to take as many illegal guns off the streets as possible, and to prosecute those who illegally possess and use these guns. With our law enforcement partners, we are directing greater resources to prosecuting gun crimes as part of an all-hands approach to address rising violence in many of our cities. Families and neighborhoods should not have to suffer another summer of increased shootings and tragedy. We will continue working to make safer communities for all by holding offenders accountable and by engaging in community-based efforts for violence reduction.”
John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), stated: “ATF New York’s highest priority is reducing violent crime. Through collaboration with our local, state and federal partners, and the use of unique investigative tools such as the National Integrated Ballistic Information Network (NIBIN), we are fully committed to an intelligence-driven approach to disrupt and dismantle the firearms trafficking organizations and networks responsible for supplying prohibited persons and violent offenders with the crime guns plaguing our communities.”
The U.S. Attorney’s Office is undertaking efforts in the following areas, among others, to address the rise in shootings:
- The U.S. Attorney’s Office will continue to prioritize the prosecutions of felons who possess firearms and ammunition, offenders who illegally possess firearms and ammunition while subject to court-issued protective orders, as well as gang members and drug dealers who illegally possess firearms. These efforts incorporate Attorney General Garland’s May 26 announcement of a renewed and coordinated Department of Justice effort to disrupt the most dangerous criminals in our communities, and are supported by Department programs Project Safe Neighborhoods and Project Guardian.
- Criminals committing gun crimes will be the subject of consultation with federal, state, and local law enforcement partners at regular meetings in Albany and Syracuse. These collaborations carefully analyze recent shootings, gun possession crimes, and regional crime data to prioritize investigative resources toward the worst offenders, criminal groups, hotspots, and neighborhoods experiencing increased rates of gun crime.
- The U.S. Attorney’s Office will continue to participate in programs, activities, and events aimed at crime prevention and reduction, and at fostering relationships with communities and neighborhoods most affected by violent crime and gun violence.
- The U.S. Attorney’s Office will continue its participation in federal Intensive Reentry Court and regular meetings with formerly incarcerated individuals who are returning to their communities after being granted parole or finishing their state terms of imprisonment.
Citizen tips can help get illegal guns off the streets, and can be provided as follows:
- Syracuse Police Department – tips can be made anonymously via the tip411 web site, or by calling (315) 442-5111.
- Capital Region Crime Stoppers – tips can be made anonymously by visiting http://www.capitalregioncrimestoppers.com.
This initiative 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.
- Macquawn E. Surgick, age 25, of Albany. The case is being investigated by the Albany Police Department, Albany County Sheriff’s Office and ATF.