Northern District of New York

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.

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, 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.

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, 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.

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.

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.

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.

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.

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.

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.

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, 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.

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.

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.

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, 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.

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, 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.

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.

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, 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.

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.

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.

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.

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.

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.

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.

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, 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. 

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.

 

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.

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. 

ALBANY, NEW YORK – Hilario Renato Mendoza Beltran, age 48, and a citizen of Peru, was sentenced today to 87 months in prison for conspiring to distribute over 5 kilograms of cocaine and conspiring to launder the proceeds of an international cocaine trafficking organization.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation; and Kevin Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.

Between August 2014 and March 30, 2016, a money laundering and drug trafficking organization based in Montreal, Canada, collected the cash proceeds from selling marijuana in the United States and cocaine in Canada.  The cash was delivered to couriers in, among other places, Albany County, Ulster County, and Montreal so that the cash could be delivered, either by a courier or by wire, to cocaine suppliers to purchase cocaine.  At least $1 million was sent to Chicago, Los Angeles, Peru, Mexico and Colombia; money was also wired to China.  The organization then arranged for the smuggling of cocaine back to Canada, and transported some of the cocaine through northern New York.

In pleading guilty, Mendoza Beltran admitted that between October and December 2014, he acted as a Peru-based operative for the organization by receiving and transporting approximately $472,000 in drug proceeds, and arranging for the delivery of approximately 140 kilograms of cocaine to co-conspirators in Piura, Peru.  Pilots working for the organization then picked up the cocaine at a clandestine airstrip outside of Piura, and flew it to Guatemala, and then on to Mexico, where it was smuggled into the United States.

Mendoza Beltran’s guilty plea followed his formal extradition from Peru to the Northern District of New York in August 2019.

United States District Judge Mae A. D’Agostino also sentenced Mendoza Beltran to a 2-year term of post-imprisonment supervised release, to begin after he is released from prison and in the event he remains in the country.

As part of the same case, all of the following people have pled guilty to cocaine trafficking and money laundering charges before Judge D’Agostino, and several have been sentenced.

Name

Age

Residence

Convictions

Sentence and/or Sentencing Date

Iraklis Haviaropoulos

43

Montreal, Canada

Cocaine conspiracy > 5 kilograms

International money laundering conspiracy

August 6, 2021

Carlos Alberto Ocampo Garcia

58

Cali, Colombia

Cocaine conspiracy > 5 kilograms

International money laundering conspiracy

July 6, 2021

Matthew Fernandes

37

Montreal, Canada

Cocaine conspiracy > 5 kilograms

 

87 months

Jose Mauricio Ortiz Bolanos

32

Cali, Colombia

Cocaine conspiracy > 5 kilograms

International money laundering conspiracy

78 months

Eduardo Nunez Serna

46

Chicago, Illinois

Promotional money laundering conspiracy

57 months

James DeSantis

58

Pompano Beach, Florida

International money laundering conspiracy

37 months

This case is the result of the close cooperative efforts of the DEA, including the Albany District Office and DEA offices in Peru, Mexico, Colombia, Guatemala, Chicago, Detroit, Los Angeles, and Worcester, Massachusetts; IRS-Criminal Investigation and HSI.  These federal agencies worked closely with the Sûreté du Québec, the Canada Border Services Agency, the Peruvian National Police, and the Colombian National Police.  U.S. Border Patrol, the Malone Police Department, the New York State Police, the Chicago Police Department, the Massachusetts State Police, and the Watervliet Police Department also provided assistance.

This case was and is being prosecuted by Assistant U.S. Attorneys Elizabeth R. Rabe, Daniel Hanlon and Emmet J. O’Hanlon.

SYRACUSE, NEW YORK – John T. Flinn, age 27, of Canastota, New York was sentenced yesterday to serve 17 years imprisonment to be followed by 10 years of supervised release for his conviction for sexual exploitation of a child.  Flinn also will be required to register as a sex offender upon his release from incarceration.

The announcement was made by Acting United States Attorney Antoinette T. Bacon, Special Agent in Charge Kevin M. Kelly, Homeland Security Investigations (HSI), Buffalo, New York, and Special Agent in Charge Kevin D. Sibley, Homeland Security Investigations (HSI) Tampa, Florida.

As part of his previously entered guilty plea, Flinn admitted that he took sexually explicit images of an approximately six-year-old victim on three different occasions.  Flinn also admitted that he possessed other images of child pornography, including images of toddlers and images depicting sadistic and masochistic sexual abuse of children. 

This case was investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations (Syracuse, New York and Tampa, Florida) and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

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

SYRACUSE, NEW YORK – Timothy John Walsh, age 63, formerly of Dolgeville, New York (currently residing in California), was sentenced today to serve 24 months and four days imprisonment,  to be followed by three years of supervised release, for making a false statement on a U.S. passport application, misuse of a social security number, and aggravated identity theft, announced Acting United States Attorney Antoinette T. Bacon and Keith Byrne, Special Agent in Charge, Diplomatic Security Service’s New York Field Office.

As part of his guilty plea, Walsh admitted that he mailed a fake passport application to the United States Department of State using his own picture but using his deceased brother’s name and other personal identifying information, including his brother’s social security number. 

This case was investigated by the Diplomatic Security Service of the U.S. Department of State, and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

SYRACUSE, NEW YORK – Paul Wyak, age 49, of Spencer, New York, pled guilty today to failing to register and update his registration as a sex offender after it was discovered that he had an e-mail address that he did not disclose 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.

As part of his guilty plea, Wyak admitted that from January 10, 2021 through February 8, 2021, he failed to register a Google e-mail address that he created on December 31, 2020, as required by SORNA.

Wyak was required to register as a sex offender because of his federal conviction in 2008 for distribution of child pornography.  Wyak was sentenced on February 20, 2008, to serve 92 months’ incarceration, and a 25-year term of supervised release on that conviction.   

In addition to his plea to the failure to register and update a registration as a sex offender, Wyak also admitted today to violating the terms of supervised release previously imposed after his 2008 conviction.

Sentencing is scheduled for October 5, 2021 before Senior United States District Judge Thomas J. McAvoy.  In addition to any punishment for violating the terms of his supervised release, Wyak 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 Special Assistant U.S. Attorney Adrian S. 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). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc

SYRACUSE, NEW YORK – Stephen Mockler, age 53, of Waverly, New York, Andrew Panessa, age 40, of Lake Ariel, Pennsylvania, and Sabrina Scott, age 52, of Granbury, Texas, pled guilty to charges related to their roles in a scheme to obtain confidential tax information from the Internal Revenue Service (IRS).

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge William Kalb of the United States Treasury Inspector General for Tax Administration (“TIGTA”).

As part of their guilty pleas, Mockler, Panessa, and Scott admitted that Scott, while an employee of a private investigation firm in Texas, provided both Mockler and Panessa with personal identifying information about her firm’s investigative targets (including the targets’ social security numbers) and requested that Mockler and Panessa use that information to obtain confidential tax information. Mockler, who received requests for tax information from both Scott and Panessa, called the IRS and used the personal identifying information provided to him by Scott or Panessa to impersonate the taxpayer, answer the IRS’s security questions, and learn non-public information about the taxpayer. Mockler then sent that confidential tax information back to Panessa or Scott, who provided the information to the private investigation firm’s clients for a fee.

Mockler and Panessa each pled guilty to conspiracy to commit wire fraud, wire fraud, misuse of a social number, and aggravated identity theft. Each faces a maximum term of imprisonment of 20 years for each count of wire fraud and five years for each count of misuse of a social security number. The aggravated identify theft convictions require a two-year sentence to run consecutively to any term of imprisonment imposed for the wire fraud and misuse of a social security number counts. In addition, the maximum fine is $250,000, and the court could impose a term of post-imprisonment supervised release of up to three years.

Sabrina Scott pled guilty to conspiracy to misuse social security numbers and faces a maximum sentence of five years, a fine of $250,000, and a post-imprisonment term of supervised release of up to three years.

No sentencing date is currently set for Mockler or Panessa. Scott’s sentencing is scheduled for October 5, 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.

These cases were investigated by the United States Treasury Inspector General for Tax Administration (“TIGTA”) and are being prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Geoffrey J.L. Brown.

SYRACUSE, NEW YORK – Greg Gauthier, age 55, of Oneida, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy to one count of distribution of child pornography and one count of possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon, Nicholas Boshears, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Acting New York State Police Superintendent Kevin Bruen. 

At sentencing Gauthier faces at least 15 and up to 60 years imprisonment on the charges.  The Court must also impose a term of supervised release of between five years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Sentencing is set for October 5, 2021.

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

Gauthier was previously convicted in Oneida County Court in 2014 for Possessing A Sexual Performance by A Child, and Promoting a Sexual Performance by a Child, in violation of the New York State Penal Law. He was sentenced to 16 months to 4 years in state prison for those offenses, and is registered with the New York State Sex Offender Registry as a Level 2 sex offender.

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

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

ALBANY, NEW YORK – Following a four-day trial, a jury today found Romano McCain, age 48, of Halfmoon, New York, guilty of possession of a firearm and ammunition by a prohibited person and two counts of interstate transmission of threats to injure another person.

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

This case marked the first federal criminal trial in the United States District Court for the Northern District of New York since the COVID-19 pandemic began to take hold in New York, and elsewhere, in mid-March 2020. 

The evidence at trial established that in January 2020, McCain and a man had a dispute over the man’s failure to pay $65 for a motorcycle vest.  In demanding payment on January 10, 2020, McCain sent the man Facebook messages threatening, “Bro..just have my money....i play with guns..no fighting....and i always have one on me...you on that bs....pay me pay money,” followed by, “i will blow your [expletive] head off.” 

Later in the month, McCain had a falling out with another man over money McCain owed the man.  On January 31, 2020, McCain sent the second man a Facebook message threatening, “I will kill your dauther..bro..i dont know me....we at the strip in morning..be there...me and my girl...with the heat..see you there.”  The man had an infant daughter at the time and “heat” was slang for a gun.

The evidence showed that “the Strip” is an area on River Road in North Greenbush, New York, where motorsport enthusiasts rode ATVs, dirt bikes, and motorcycles.  On February 23, 2020, McCain went to the Strip with his girlfriend, was in a fistfight, and then retrieved a rifle from his girlfriend’s truck, which he fired in the direction of a crowd of people; no one was injured in the shooting. 

Five days later, in the early-morning hours of February 28, 2020, the ATF and other law enforcement agencies executed a search warrant at McCain’s girlfriend’s house in Latham, New York, where McCain had spent the previous night.  In searching a box chest at the foot of the bed in the bedroom, agents discovered a loaded .38 special caliber revolver.  A box of ammunition for the revolver was discovered under a couch in the living room.  In a number of text messages, McCain threatened the use of firearms and referenced his possession of firearms with his girlfriend, including after the shooting on February 23, when he texted: “We got alot [sic] of guns.”  At the time he possessed the revolver and ammunition, McCain was subject to a domestic violence restraining order issued by the Albany City Court in June 2019.

At sentencing scheduled for September 28, 2021, before U.S. District Judge Mae A. D’Agostino, McCain faces up to 10 years in prison on the firearm and ammunition conviction; up to 5 years in prison on each of the threat convictions; a fine of up to $250,000; and a term of post-release supervision of up to 3 years. 

This case was investigated by the ATF, North Greenbush Police Department, and Colonie Police Department, and is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Rachel Williams. 

BINGHAMTON, NEW YORK – Jeffrey Blake, age 50, of Ithaca, New York, pled guilty today to attempted online enticement of 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). 

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

As a result of his conviction, Blake faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, a maximum fine of $250,000, and a term of supervised release of between five years and life.  He will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Sentencing is scheduled for  September 28, 2021 before Senior United States District Judge Thomas J. McAvoy.  

This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Sean M. Andre, age 31, of Brooklyn, New York, pled guilty yesterday to conspiring with an Ulster County man to fraudulently obtain more than $5.6 million in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation; and Amaleka McCall-Brathwaite, Special Agent in Charge of the Eastern Region of the Office of Inspector General for the Small Business Administration (SBA-OIG).

Andre pled guilty to conspiring to commit bank fraud and conspiring to commit wire fraud.  He admitted to helping an Ulster County man obtain $4,309,581 in Paycheck Protection Program (PPP) loans between June and August 2020, by submitting fraudulent loan applications in the names of four companies that the Ulster County man controlled.  Each loan application misrepresented the number of employees, and total payroll, that each company had, and included false corporate tax documents that Andre created as part of the scheme.  Andre was paid $157,578 for his role in the scheme.

Andre also admitted that he fraudulently obtained an additional $1,309,754 in pandemic relief loans, by submitting loan applications, and receiving loans, in the names of companies he controlled.  In these loan applications, Andre lied about the number of employees, and total payroll, that his companies had.

Andre faces up to 30 years in prison and up to 5 years of post-imprisonment supervised release, when Chief United States District Judge Glenn T. Suddaby sentences him on September 23, 2021 in Albany.  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.

Andre also agreed to pay $1,309,754 in restitution, representing the fraud proceeds he personally received, and to forfeit five bank accounts and a 2019 Mercedes Benz GLS. 

This case is being investigated by the FBI, as well as IRS-CI and SBA-OIG, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.

SYRACUSE, NEW YORK – John Wright, age 33, of Syracuse, pled guilty yesterday to conspiracy to distribute, and possess with intent to distribute marijuana,  as well as conspiracy to commit money laundering of drug proceeds, possession of marijuana with the intent to distribute, possession of firearms by a convicted felon, and possessing firearms in connection with a drug trafficking crime,  announced 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, Wright admitted that between May 2017 and August 2017, he received bulk quantities of marijuana from a source of supply who imported marijuana via the Akwesasne Mohawk Reservation in Northern New York State. Wright sold marijuana he received to customers in Syracuse, and sent the proceeds back to his source of supply. As part of his guilty plea, Wright admitted that he distributed at least 54 kilograms (118 pounds) of marijuana. Wright further admitted that he possessed a handgun and a loaded shotgun in his home to protect his drugs and the proceeds from drug sales. In 2008, Wright was convicted in Onondaga County Court of Criminal Possession of a Weapon in the Third Degree, and was prohibited from possessing firearms at the time of his commission of his federal crimes. 

Sentencing is scheduled for September 23, 2021,  in Binghamton, New York, at which time Wright faces a maximum sentence of up to 20 years imprisonment for his conviction for conspiracy to possess with intent to distribute and distribution of marijuana, a fine of up to $1,000,000, and a term of supervised release of at least 3 years and up to life. He also faces up to 20 years imprisonment for conspiracy to commit money laundering of drug proceeds. Wright faces a mandatory consecutive sentence of five years, and up to life for his conviction for possession of firearms in connection with a drug trafficking crime. 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 Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department, and Agents of the U.S. Border Patrol.  The case is being prosecuted by Assistant United States Attorney Thomas Sutcliffe.

BINGHAMTON, NEW YORK – Anthony Miceli, age 28, of East Stroudsburg, Pennsylvania was sentenced in United States District Court on May 19, 2021 to serve 220 months in prison for attempted enticement of a minor and traveling to engage in illicit sexual activity, announced Acting United States Attorney Antoinette T. Bacon and Thomas J. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his previously entered guilty plea, Miceli admitted that from January 25, 2020 through February 3, 2020, he communicated with an undercover officer he believed was the parent of two young children, and that through the undercover officer acting as the parent of the children, he knowingly attempted to persuade, induce, entice or coerce an 8 year old female child and a 5 year old female child to engage in unlawful sexual activity with him.  Miceli further admitted that on February 3, 2020, he traveled from Pennsylvania to the Northern District of New York to meet and engage in sexual acts with both children. 

Senior United States District Court Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will start after Miceli is released from prison.  As a result of his conviction, Miceli will be required to register as a sex offender upon his release from incarceration.   

This case was investigated by the FBI Mid-State Child Exploitation Task Force and is being prosecuted by Assistant U.S. Attorney Kristen Grabowski.

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

SYRACUSE, NEW YORK – Robert Fitzgerald, age 83, of the Town of Waverly, New York, was sentenced yesterday to 190 months in prison for possessing 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).

In pleading guilty, Fitzgerald admitted that between February and April 2018, he videorecorded himself engaging in sexually explicit conduct with a minor, and that he possessed these videos on August 9, 2019.

This case was investigated by HSI and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Shira Hoffman and Katherine Kopita as part of Project Safe Childhood. 

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

SYRACUSE, NEW YORK – Richard Desormeau, age 22, of Watertown, and Adam Cook, age 30, of Clayton, New York, were arrested and charged with federal firearms and/or drug charges,  announced Acting United States Attorney Antoinette T. Bacon and 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).

Adam Clark is charged in a criminal complaint alleging that he manufactured, possessed, and transferred an illegally short-barreled rifle. He is also charged with possession with intent to distribute and distributing cocaine, as well as possessing a firearm in furtherance of a drug trafficking crime. For his alleged manufacturing, possessing, and transferring an illegally short-barreled rifle, he faces up to ten-years imprisonment and a fine of up to $10,000. For his alleged possession with intent to distribute and distribution of cocaine, he faces a maximum sentence of up to 20-years imprisonment, a fine of up to $1,000,000, and period of supervised release of at least three years and up to life. For his alleged possession of a firearm in connection with a drug trafficking crime, he faces a mandatory consecutive sentence of at least 5-years and up to life.

Richard Desormeau is charged in a criminal complaint alleging that he possessed and transferred an illegally short-barreled rifle. For his alleged possessing and transferring an illegally short-barreled rifle, he faces up to ten-years imprisonment, a fine of up to $10,000, and a period of supervised release of up to three 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.

Richard Desormeau and Adam Cook were arraigned in Syracuse, New York, before United States Magistrate Judge Andrew T. Baxter and detained pending a bail hearing. The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.

This case is being investigated by U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Metro-Jefferson Drug Task Force, consisting of Investigators from the Jefferson County District Attorney’s Office, Detectives from the City of Watertown Police Department, Detectives from the Jefferson County Sheriff’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.

ALBANY, NEW YORK – Scott McMahon, age 52, of Clifton Park, New York, was sentenced today to 38 months in prison for distributing controlled substances outside the course of professional practice and for no legitimate medical purpose, and to misusing personal information in the course of fraudulently obtaining controlled substances.                                                                                                            

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

Senior United States District Judge Thomas J. McAvoy also ordered McMahon to forfeit $6,774.76, and to serve a 3-year term of supervised release. 

Today, McMahon also agreed to surrender his New York State medical license, as well as his DEA registration that had allowed him to prescribe controlled substances.  McMahon has been in custody since September 10, 2020. 

In 2019, McMahon had a medical practice in Clifton Park, having previously maintained offices in Albany and other locations in the Capital Region. He specialized in psychiatry and addiction treatment.

In pleading guilty, McMahon admitted that from at least December 2018 through August 2019, he provided certain patients with prescriptions for the Schedule II controlled substance methylphenidate – the generic of Ritalin – with the intent of having them kick back a portion of each prescription to him for his own personal use.  As part of the scheme, McMahon obtained the names and birthdates of the children of a patient. McMahon used that information to issue methylphenidate prescriptions in the children’s names.  The patient picked up these prescriptions in his children’s names, and split the methylphenidate with McMahon.

In a separate civil case brought by the United States, McMahon agreed to pay $43,225.24 to settle claims arising from his improper prescribing of ketamine and failure to keep proper records of ketamine treatment.

In the civil case, McMahon admitted that he improperly prescribed ketamine intranasal spray to an individual who had no legitimate medical need for it.  A sampling of McMahon’s records showed that he failed to record the amount of ketamine injected for each patient on each treatment date, the name of each patient who was injected, and the person who injected the ketamine.  McMahon also failed to conduct an initial inventory when he began dispensing ketamine. 

The criminal case was investigated by the DEA Albany District Office’s Tactical Diversion Squad and its Capital District Drug Enforcement Task Force, and was prosecuted by Assistant U.S. Attorney Michael Barnett. 

The DEA Tactical Diversion Squad also investigated the civil case, in which Assistant U.S. Attorney Christopher R. Moran represented the United States.

Also assisting in the investigations were the New York State Police, the New York State Bureau of Narcotic Enforcement, and the DEA Resident Office in Burlington, Vermont.

 

SYRACUSE, NEW YORK – Kevin Ronny Williams, age 24, of Brooklyn, New York, was sentenced yesterday to serve six-months of home detention, followed by three-years supervised release announced Acting United States Attorney Antoinette T. Bacon, Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service, and Matthew Modafferi, Special Agent in Charge of the United States Postal Service, Office of Inspector General-Northeast Region.  Williams was also ordered to perform 120 hours of community service. 

On September 16, 2020, Williams pled guilty to one count of possession with the intent to unlawfully use a United States Postal Service key, and one count of theft of mail.

As part of his guilty plea Williams admitted that on March 5, 2020 into the early morning hours of March 6, 2020, he used a United States Postal Service (“USPS”) arrow key that he obtained from a USPS employee, to open blue mail collection boxes in Liverpool, New York. Williams wore a USPS letter carrier uniform jacket and carried a USPS mail satchel that he obtained from USPS employee Quayshaun Mitchell.  Once the mail collection boxes were opened, Williams stole the contents, including 49 pieces of first-class mail.  All of the mail was recovered from Williams.  The USPS employee, Quayshaun Mitchell, also pled guilty to one count of possession with the intent to unlawfully use a United States Postal Service key, and one count of theft of mail.  Mitchell will be sentenced on August 11, 2021.  

This case was investigated by the United States Postal Inspection Service (USPIS) and the United States Postal Service-Office of Inspector General (USPS-OIG), and was prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – Santa Sanabria, a/k/a Santa Cordero, age 75, of Gansevoort, New York, pled guilty today to using two different names and Social Security numbers to collect Social Security benefits under both identities.

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 her guilty plea, Sanabria admitted that she had applied for and received two Social Security numbers, one in her maiden name, Sanabria, and another in her married name, Cordero.  Sanabria admitted that from July 2012 through September 2017, while collecting Social Security benefits under the name Santa Cordero and the Social Security number associated with that name, she also used the Social Security number issued under her maiden name to apply for and collect Supplemental Security Income (SSI) benefits to which she was not entitled.  SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses.

As a result of her conviction, Sanabria 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 September 9, 2021 before Senior United States District Judge Lawrence E. 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. Sanabria has agreed to pay full restitution in the amount of $30,510.90.

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

SYRACUSE, NEW YORK – Joey F. Edgbert, 59, of Auburn,  New York pled guilty today to damaging government property at the Department of Veterans Affairs Medical Center in Syracuse, New York,  announced Acting United States Attorney Antoinette T. Bacon and Lauren S. Seburn, Chief of the U.S. Department of Veterans Affairs Police in Syracuse.

As part of his guilty plea today, Joey F. Edgbert admitted that he struck with his hand and destroyed a 17-inch computer monitor on November 23, 2020, while he was at the Department of Veterans Affairs Medical Center in Syracuse receiving treatment.

At sentencing Edgbert faces up to one-year in prison, a fine of up to $100,000, and a term of probation of up to five years. A sentencing date has not yet been scheduled.  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 U.S. Department of Veterans Affairs Police-Syracuse, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.