Northern District of New York
Press releases recorded for this federal judicial district.
Peruvian Citizen Sentenced to 87 Months for Role in Transnational Drug Trafficking and Money Laundering ConspiracyRead the Press Release
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.
Former Madison County Resident Sentenced to 17 Years for Sexually Exploiting a ChildRead the Press Release
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/.
Former Dolgeville Man Sentenced to 24 Months for Passport Fraud, Misuse of a Social Security Number, and Aggravated Identity TheftRead the Press Release
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.
Tioga County Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
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
Three Plead Guilty to Misuse of Social Security Numbers and Other Charges as Part of Scheme to Obtain Tax InformationRead the Press Release
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.
Oneida Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
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.
Jury Convicts Halfmoon Man of Firearm and Threats Charges in First NDNY Criminal Trial Since Pandemic BeganRead the Press Release
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.
Ithaca Man Pleads Guilty to Attempted Online Enticement of a MinorRead the Press Release
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.
Brooklyn Man Pleads Guilty to Conspiring to Commit COVID-19 Relief FraudRead the Press Release
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 Man Pleads Guilty to Drug, Money Laundering and Firearms ChargesRead the Press Release
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.
Pennsylvania Man Sentenced to Serve 220 Months for Child Enticement and Travel to Engage in Illicit Sexual ActivityRead the Press Release
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/.
Franklin County Man Sentenced to 190 Months for Possessing Child PornographyRead the Press Release
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.
Two Jefferson County Men Arrested on Drug and Firearms ChargesRead the Press Release
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.
Doctor Sentenced to 38 Months for Unlawful Drug Distribution and Identity TheftRead the Press Release
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.
Brooklyn Man Sentenced for Stealing Mail in LiverpoolRead the Press Release
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.
Gansevoort Woman Pleads Guilty to Charges of Supplemental Security Income FraudRead the Press Release
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.
Auburn Man Pleads Guilty to Destroying Computer Monitor at Syracuse VA Medical CenterRead the Press Release
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.
Troy Man Arrested on Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Neeko Allen, age 29, of Troy, New York, was ordered detained today following his arrest last week on child pornography charges. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The criminal complaint against Allen, a registered sex offender, alleges that Allen distributed multiple images of child pornography over the internet. The charge in the criminal complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge against Allen carries a mandatory minimum sentence of 15 years and a maximum of 40 years in prison, a post-release term of supervision of between 5 years and life, and a fine of up to $250,000.
Allen made his initial appearance on May 7 before United States Magistrate Judge Daniel J. Stewart. At a hearing conducted today, Judge Stewart ordered Allen detained pending trial.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Rotterdam, Troy, and Colonie Police Departments and the New York State Police. The case is being prosecuted by Assistant U.S. Attorney Rachel Williams.
The case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Troy Man Arrested for Child Pornography PossessionRead the Press Release
ALBANY, NEW YORK – Brian Pickett, age 40, of Troy, New York, was arrested last week on a child pornography charge. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The criminal complaint against Pickett, who is a registered sex offender, alleges that Pickett possessed multiple videos of child pornography on his electronic devices. The charge in the criminal complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge against Pickett carries a mandatory minimum sentence of 10 years and a maximum of 20 years in prison, a post-release term of supervision of between 5 years and life, and a fine of up to $250,000.
Pickett made his initial appearance on May 7 before United States Magistrate Judge Daniel J. Stewart. He is detained pending a detention hearing on a future date.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Rotterdam, Troy, and Colonie Police Departments and the New York State Police. The case is being prosecuted by Assistant U.S. Attorney Rachel Williams.
The case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Hudson Man Sentenced to 100 Months for Role in Columbia County Gun Store BurglaryRead the Press Release
ALBANY, NEW YORK – Austin Suarez, age 26, of Hudson, New York, was sentenced today to 100 months in prison for aiding and abetting the theft of firearms from Zero Tolerance Manufacturing, a federally licensed firearms dealer in Ghent, New York.
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).
Senior United States District Judge Thomas J. McAvoy also sentenced Suarez to a 3-year term of supervised release and ordered that he pay restitution of $624.
Suarez pled guilty on January 11, 2021. As part of his plea, Suarez admitted that on February 18, 2020, he and co-conspirator Duane Thompson agreed that Thompson would break into and steal firearms from Zero Tolerance Manufacturing. Suarez aided Thompson in obtaining a pry bar and two-way radios to use during the burglary. That evening, Suarez drove and dropped off Thompson outside the store, knowing that Thompson would break into the store, steal firearms, and return to Suarez’s car with the stolen firearms. Thompson did in fact break into the store and stole five (5) AR-style rifles from within the store, and returned to Suarez’s vehicle, at which point they left the area with the stolen firearms.
Thompson, age 26, pled guilty in October 2020 to stealing the firearms from the gun store. He was sentenced in March to 24 months in prison.
The stolen rifles were recovered in the course of the investigation.
This case was investigated by ATF, the Columbia County Sheriff’s Office, and the Greene County Sheriff’s Office, with assistance provided by the U.S. Marshals Service and New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Guilderland Man Sentenced on Marijuana and Money Laundering ConvictionsRead the Press Release
ALBANY, NEW YORK – Masood Sharifipour, age 36, of Guilderland, New York, was sentenced today to 30 months in prison for his role in a marijuana trafficking and money laundering conspiracy.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Acting Inspector in Charge Joshua McCallister, Boston Division, United States Postal Inspection Service (USPIS); Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service - Criminal Investigation (IRS-CI).
Sharifipour pled guilty in March 2019. He admitted that from December 2013 through June 2017, he worked with others to transport at least 100 kilograms of marijuana through various means, including couriers, the U.S. Mail, and private shippers, from California to the Capital Region.
Sharifipour further admitted that during the conspiracy, he sent at least 50 packages containing drug proceeds to co-conspirators in California via the U.S. Mail and private shippers. Sharifipour used Post Office boxes in the Capital Region, as well as residences in Schenectady, Niskayuna, Loudonville, Guilderland, and elsewhere, occupied by himself, or people whom he knew, for the purpose of receiving shipments of marijuana from his co-conspirators in California.
Law enforcement searches of two of his residences, in 2017, recovered approximately 46 pounds of marijuana and $315,000.
United States District Judge Mae A. D’Agostino also sentenced Sharifipour to a 4-year term of supervised release, to begin following his term of imprisonment.
This case was investigated by USPIS, HSI and IRS-CI, with assistance from the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Syracuse Man Sentenced to 18 Years for Uploading Child Pornography to FacebookRead the Press Release
SYRACUSE, NEW YORK – Randy Tremfer, 43, of Syracuse, was sentenced today in federal court in Utica to 18 years in prison for transportation of child pornography, announced Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.
In pleading guilty, Tremfer admitted that on January 24, 2019, he uploaded to Facebook a video containing child pornography, and that he possessed 37 additional videos of child pornography in his Facebook account. Tremfer committed the offense while on supervised release for a prior federal conviction for receipt and possession of child pornography, for which he served a 60-month prison sentence. United States District Judge David N. Hurd sentenced Tremfer to an additional 18 months in prison for violating the conditions of that release, which will run consecutively to the sentence imposed for his new crime.
Tremfer was also sentenced to serve a lifetime term of supervised release after he is released from prison, and he will continue to be required to register as a sex offender.
This case was investigated by Homeland Security Investigations and was prosecuted by Assistant U.S. 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 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.
Oswego County Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Gary Goodale, age 40, of Fulton, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy to one count of receipt of child pornography and three counts of possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI). The terms of Goodale’s plea agreement call for a sentence of at least 35 years, and up to 50 years of imprisonment, to be followed by a lifetime term of supervised release. Sentencing is set for September 8, 2021.
As part of his guilty plea, Goodale admitted that he used his personal computer to receive images of child pornography over the internet, and that he possessed child pornography on three electronic devices. A forensic review of Goodale’s cellular telephone and two portable electronic storage devices revealed that all three contained numerous image files depicting child pornography. Goodale admitted that the images he possessed include sexually explicit photographs of two minors that he produced himself.
Goodale was previously convicted on December 8, 1999, in Oswego County Court for Sodomy in the First Degree in violation of New York Penal Law, Section 130.50(3), which makes it unlawful to engage in deviate sexual intercourse with another person who is less than eleven years old, and was sentenced at that time to 8 years imprisonment.
Goodale’s case was investigated by Homeland Security Investigations, Syracuse Office with assistance from the New York State Police Troop D Computer Crimes Unit, the Oswego County District Attorney’s Office and the Fulton Police Department, and is being prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney's offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Hogansburg Man Pleads Guilty to Marijuana ChargesRead the Press Release
ALBANY, NEW YORK – Tyren Terrance, age 26, of Hogansburg, New York, pled guilty today to conspiring to distribute, and possessing with intent to distribute, 100 kilograms or more of marijuana. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his 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 September 2, 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.
Endicott Sex Offender Pleads Guilty to Failing to Register Email AccountsRead the Press Release
SYRACUSE, NEW YORK – Thomas J. Redeker, age 72, of Endicott, New York, pled guilty yesterday to failing to update his sex offender registration by maintaining unregistered email accounts in violation of the law, announced Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.
As part of his plea agreement, Redeker admitted that in 2004 he was convicted in the United States District Court for the Northern District of New York of production of child pornography and crossing a state line to engage in a sexual act with a person under the age of 12. Those convictions required Redeker to register as a sex offender for the rest of his life, and to keep that registration current with personal identifying information, including email accounts. Redeker admitted that although he maintained registration as a sex offender in the State of New York he did not register three different email accounts that he created despite knowing he has an obligation under law to do so.
As a result of his conviction, Redeker faces a maximum sentence of 10 years imprisonment, a fine of up to $250,000, and a term of supervised release of at least five years and up to life. Sentencing is scheduled for September 8, 2021 before Senior U.S. District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the United States Sentencing Guidelines, and other factors.
Redeker’s case was investigated by the United States Marshal Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York and is being prosecuted by Assistant United States Attorney Michael D. Gadarian.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney's offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Niskayuna Man Sentenced for Stealing GE’s Trade SecretsRead the Press Release
ALBANY, NEW YORK – Yang Sui, age 43, of Niskayuna, New York, was sentenced today to 1 year of probation, and to pay a $5,000 fine, for stealing trade secrets.
The announcement was made by Elizabeth C. Coombe, Attorney for the United States Acting Under Authority Conferred by 28 U.S.C. § 515, and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his earlier guilty plea, Sui admitted that between about January 1, 2015 and December 21, 2017, he stole multiple electronic files that contained the General Electric Company’s trade secrets surrounding the research, development, design and manufacture of its silicon carbide metal-oxide semiconductor field-effect transistors (MOSFETs).
MOSFETs are small electronic semiconductors/switches that regulate the flow of electricity through devices; they are used in a variety of products.
Sui further admitted that in about 2017, he was developing a business plan to start his own company whose purpose was to manufacture and sell MOSFETs.
There was no evidence that Sui transferred the MOSFET trade secrets to anyone else.
This case was investigated by the FBI, and prosecuted by Assistant U.S. Attorney Rick Belliss and Trial Attorney Matthew Chang of the Department of Justice’s Counterintelligence and Export Control Section, part of the National Security Division.
U.S. Attorney's Office, EPA and State of New York Announce Settlement with Holcim (US) Inc. to Address Environmental Violations at Cement Manufacturing FacilityRead the Press Release
ALBANY, NEW YORK - The U.S. Attorney’s Office for the Northern District of New York, the U.S. Environmental Protection Agency (EPA), and the State of New York today announced a settlement with Holcim (US) Inc. to resolve alleged violations of the federal Clean Water Act and New York State water quality regulations at its cement manufacturing facility in Ravena, New York, announced Acting United States Attorney Antoinette T. Bacon.
The settlement, set forth in a consent decree lodged with the U.S. District Court for the Northern District of New York, requires Holcim to comply with the terms of its State Pollutant Discharge Elimination System permit (Permit), pay an $850,000 civil penalty ($212,000 of which will be directed to a NYS Environmental Benefit Project improving stormwater management at Coeymans Landing Park in the Town of Coeymans, New York), and make other physical and operational improvements to the Facility.
The settlement resolves violations alleged in the complaint of the United States and the State of New York, which was filed yesterday. The complaint alleges that, between April 2015 and April 2021, the facility violated the Permit’s numeric effluent limitations 273 times for pollutants such as biological oxygen demand, fecal coliform, total suspended solids, settleable solids, pH, and temperature differential and three prior administrative consent orders issued from 2011 to 2015. The administrative orders document over 150 Permit numeric effluent limitation violations for similar pollutants as well as unauthorized discharges of an unreported sulfuric acid spill, and discharges of partially treated landfill leachate to tributaries of the Hudson River, such as Coeyman’s Creek and Hannacroix Creek. During the course of negotiations over the terms of the Consent Decree, Holcim made substantial improvements to its stormwater and leachate management practices to address the violations at issue, which resulted in the demolition and removal of two failing slurry basins, and installing an impermeable geomembrane-backed French drain along a portion of the perimeter of its landfill. Under the terms of the Consent Decree, Holcim will undertake additional measures to ensure that the Facility is fully compliant with the terms of its Permit by October of 2022.
“We are all custodians of our community’s precious environmental resources. This settlement will benefit the Hudson River, and help preserve this treasured resource for future generations,” said Acting United States Attorney Antoinette T. Bacon.
“This settlement helps protect clean water and ecosystems in the Hudson Valley for local communities and it has already improved Holcim’s compliance with critical federal and state environmental laws,” said EPA acting Region Administrator Walter Mugdan. “This case exemplifies EPA’s commitment to work with our federal and state partners to ensure entities like Holcim comply with regulations that protect public health and the environment.”
“For years, Holcim failed to live up to its legal responsibilities, repeatedly violating laws established to ensure the health of our waters,” said New York Attorney General Letitia James. “Today, we hold this company accountable for polluting our natural resources and we ensure that proper measures are taken to remediate the harm caused to our communities. My office will continue to aggressively enforce the laws that protect the health and safety of our environment and of all New Yorkers.”
“New York State has a long history of holding polluters accountable for their impacts both on our communities and the environment and I thank the U.S. Attorney and the Attorney General for their efforts to finalize this agreement that does just that,” Department of Environmental Conservation (DEC) Commissioner Basil Seggos said. “The Consent Decree announced today will help to resolve years of violations and exceedances under federal and state rules and regulations and requires a significant penalty of $850,000. And in addition to requiring actions to further clean up its operations, this agreement requires this facility to invest in an Environmental Benefit Project that will help improve the health of the Hudson River – a victory for the town of Coeymans.”
This case is being handled by Assistant U.S. Attorney John Hoggan for the United States and Assistant Attorney General Joseph Kowalczyk for the State of New York.
The consent decree is subject to a 30-day public comment period and final court approval. To view a copy of the consent decree and for information on how to submit a comment, visit www.justice.gov/enrd/Consent_Decrees.html.
Former School Bus Driver from Oswego Arrested for Sexual Exploitation of a ChildRead the Press Release
SYRACUSE, NEW YORK – Frederick J. Haresign, age 61, of Oswego, New York, was arrested today on a federal criminal complaint charging him with sexual exploitation of a child, announced Acting United States Attorney Antoinette T. Bacon, and Kevin Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.
The criminal complaint alleges that in or about 2017 Haresign, a school bus driver, provided a minor child who rode on Haresign’s bus with nicotine, cash, and other gifts in exchange for the child taking sexually explicit self-images and videos and providing those to Haresign. The company that employed Haresign removed him from active service as a driver upon receiving notice of the investigation and has now terminated his employment.
The charge against Haresign carries a minimum sentence of 15 and a maximum sentence of 30 years in prison, a fine of up to $250,000, a term of supervised release of at least five years and up to life, and registration as a sex offender. A defendant’s sentence is imposed by a Judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Haresign appeared before United States Magistrate Judge Miroslav Lovric for an initial appearance today and was detained pending further proceedings. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty
Individuals who believe they have information relevant to this investigation should contact the New York State Police at 315-366-6000 (Inv. Lazarek).
Haresign’s case is being investigated by the Department of Homeland Security Investigations (HSI), and by the New York State Police: Fulton Bureau of Criminal Investigation, and Troop D Computer Crimes Unit. It is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian in coordination with Oswego County District Attorney Gregory Oakes 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.
Ithaca-Area Man Arrested on Child Pornography ChargesRead the Press Release
ITHACA, NEW YORK – Randolph Bullock, 64, of Dryden, New York, was arrested today on a complaint charging him with possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon and Thomas Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The criminal complaint alleges that Bullock possessed images of child pornography on his desktop computer at his former place of employment.
The charge against Bullock carries a sentence of up to ten years in prison, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and registration as a sex offender. The 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.
Bullock appeared before United States Magistrate Judge Thérèse Wiley Dancks for an initial appearance today and was detained pending a detention hearing scheduled for May 3, 2021. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police Bureau of Criminal Investigations (BCI), with assistance from the Tompkins County Sheriff’s Department and Village of Dryden Police Department. The case is being prosecuted by Assistant U.S. Attorney Kristen Grabowski.
Members of the public who have information regarding Bullock are asked to call the Federal Bureau of Investigation at (607) 274-5050.
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/.
Fulton County Felon Admits to Unlawfully Possessing FirearmsRead the Press Release
ALBANY, NEW YORK – Robert H. Stone, age 53, of Mayfield, New York, pled guilty today to unlawfully possessing three firearms as a felon and to possessing and intending to sell marijuana.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and New York State Police Acting Superintendent Kevin P. Bruen.
Stone, who has prior felony convictions for drug and weapons offenses, admitted that in October 2020, he possessed two shotguns and a rifle at his residence in Gloversville, and 3.8 kilograms of marijuana and 1,395 rounds of pistol, rifle and shotgun ammunition on his 46-acre property in Mayfield, New York.
Stone faces up to 15 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of between 2 years and life, when he is sentenced on August 25, 2021 by 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.
This case was investigated by ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Waterford Man Charged with Attempted Sex Trafficking of a ChildRead the Press Release
ALBANY, NEW YORK – Bradley Boisen, age 25, of Waterford, New York, appeared in court today on a charge that he attempted to pay $60 to an adult in order to have sex with a 14-year-old child.
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).
According to the criminal complaint, on April 21, 2021, Boisen arranged to pay $60 to another person in order to have sex with a 14-year-old child. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
In a hearing today before United States Magistrate Judge Christian F. Hummel, Boisen was ordered detained pending further court proceedings.
If convicted, Boisen faces at least 10 years and up to life in prison, and a term of supervised release of at least 5 years and up to life following any term of incarceration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Boisen would also be required to register as a sex offender.
Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Albany Field Office at (518) 465-7551.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police and Colonie Police Department, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Rachel Williams as part of the United States Attorney’s Office-led Human Trafficking Task Force. This case is also 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 httos://www.justice.gov/psc.
Whitehall Man Pleads Guilty to Unlawfully Possessing Firearms and AmmunitionRead the Press Release
ALBANY, NEW YORK – Shane Smith, age 24, of Whitehall, New York, pled guilty today to unlawfully possessing two short-barrel rifles, and to unlawfully possessing hundreds of rounds of ammunition as a felon.
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); and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Smith was convicted in 2016 of unlawfully possessing a machine gun, a federal offense.
Smith was released from prison on April 11, 2018, and began serving a 3-year term of supervised release. On December 15, 2020, United States Probation Officers searched his Whitehall residence. In pleading guilty, Smith admitted that the search uncovered two rifles whose barrels were each less than 16 inches in length, and hundreds of rounds of ammunition.
United States District Judge Mae A. D’Agostino is scheduled to sentence Smith on August 27, 2021. For the firearms conviction, Smith faces up to 10 years in prison; a fine of up to $10,000; and up to 3 years of supervised release. For the unlawful possession of ammunition conviction, Smith faces up to 10 years in prison; a fine of 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.
This case was investigated by the United States Probation Office, FBI, and ATF, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Syracuse Man Pleads Guilty to Sexual Exploitation of a Child and Distribution of Child PornographyRead the Press Release
SYRACUSE, NEW YORK - Austin Pratt, age 24, of Syracuse, pled guilty today in federal court to both counts of an indictment charging him with Sexual Exploitation of a Child and Distribution of Child Pornography, announced Acting United States Attorney Antionette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Acting New York State Police Superintendent Kevin P. Bruen.
In entering his guilty plea, Pratt admitted that he used the Instagram name “redneck_pratt” to message with a person who represented themselves to be a 15-year-old girl, but who law enforcement later confirmed was an adult male from Nevada. Pratt admitted that the “girl” sent sexually explicit images to him and asked Pratt to produce and send explicit images of himself with young girls. Pratt admitted that he then sexually abused a 10-year-old child, produced images and a video of that abuse, and sent the images and video to the person he believed to be a 15-year-old girl.
Pratt will be sentenced by Hon. David N. Hurd in Utica, NY on August 26, 2021. The terms of Pratt’s plea agreement call for a sentence of at least 20, and up to 30 years imprisonment to be followed by no less than 20 years supervised release. He also faces a fine of up to $250,000, will be required to pay restitution to his victim, forfeit the phone he used to produce and send the images and video of the abuse, and will have to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation, Syracuse Resident Agency and the New York State Police as a part of the Mid-State Child Exploitation Task Force, in cooperation with the Syracuse Police Department and the Onondaga County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Schenectady Woman Sentenced for Stealing More Than $95,000 in Social Security BenefitsRead the Press Release
ALBANY, NEW YORK – Jody Lyons, age 54, of Schenectady, New York, was sentenced on Friday to 2 years of probation for stealing Social Security benefits paid into her deceased mother’s bank account.
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 earlier guilty plea, Lyons admitted that beginning in January 2015 (the month of her mother’s death), Lyons withdrew and spent Social Security benefits that continued to be deposited into her mother’s bank account until August 2018, when the SSA learned of the death and benefit payments ceased. Lyons also admitted that she withdrew and spent her mother’s Social Security benefits despite knowing that the benefits were intended for her mother, and that Lyons was not entitled to the money.
United States District Judge Mae A. D’Agostino also ordered Lyons to pay full restitution to the SSA in the amount of $95,961 and to complete 50 hours of community service.
This case was investigated by the SSA Office of the Inspector General and prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Pennsylvania Man Pleads Guilty to Fraud and Identity Theft Charges for his Role in Nationwide Gas Station Skimming SchemeRead the Press Release
ALBANY, NEW YORK – Marlon Palacios, age 33, of Pittsburgh, Pennsylvania, pled guilty today to participating in a conspiracy to commit access device fraud, as well as for committing aggravated identity theft, for taking part in a nationwide gas station skimming scheme that involved stealing the banking and personal information of residents of Upstate and Central New York who used the “pay at the pump” feature to make gasoline purchases.
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); and Acting Inspector in Charge Joshua McCallister, Boston Division, United States Postal Inspection Service (USPIS).
As part of his guilty plea, Palacios admitted to being a part of a conspiracy that, between December 2015 and July 2019, obtained the credit and debit card information of gas station customers using skimming devices surreptitiously installed inside gas pumps. Using the stolen information, members of the conspiracy created fake debit and credit cards, and then used those fake cards to obtain money orders and gift cards, and to withdraw cash from ATMs. Members of the conspiracy enriched themselves with some of the money orders, gift cards, and cash, and also provided money orders and gift cards to members of a money laundering conspiracy who used various bank and gift card exchange website transactions to obscure the nature and source of the funds.
Senior District Judge Gary L. Sharpe is scheduled to sentence Palacios on August 12, 2021. For the access device fraud conspiracy charge, Palacios faces up to 5 years in prison; a fine of up to $250,000; and up to 3 years of supervised release. For the aggravated identity theft charge, Palacios faces a term of imprisonment of 2 years, to be served consecutive to any other term of imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in San Juan, Miami, and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office. The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.
Jamesville Man Pleads Guilty to Distribution, Transportation and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Roy Bovee, age 34, of Jamesville, New York, pled guilty today before United States District Judge David N. Hurd to one count of distribution of child pornography, one count of transportation of child pornography and one count of possession of child pornography, announced 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), and Acting New York State Police Superintendent Kevin P. Bruen.
Bovee, who remains detained pending his sentencing scheduled for August 11, 2021, faces 15 years imprisonment on the charges. The Court will also impose a term of supervised release of between five (5) years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
As part of his guilty plea, Bovee admitted that in July 2020 he used the Kik Messenger application on his cellular telephone to distribute child pornography to other other Kik users. A search of the defendant’s cellular telephone revealed that he possessed 152 images and 113 video files depicting minors engaged in sexually explicit conduct. The images and videos included depictions of the rape and sodomy of prepubescent children. In addition, Bovee admitted to uploading over 100 images and videos depicting minors engaged in sexually explicit conduct to his on-line cloud storage account. Bovee is registered sex offender who while in the military was convicted in 2010 of Distribution of Child Pornography sentenced to 20 months imprisonment and given a bad conduct discharge. He was also convicted in 2014 of failing to register as a sex offender and sentenced by United States District Judge David N. Hurd to 54 months in prison. The defendant faces an additional sentence for violating his terms of supervised release for his 2014 conviction.
Bovee’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 United States Probation 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.
Green Island Man Sentenced to 151 Months for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Arthur L. Gurbey, age 48, of Green Island, New York, was sentenced today to 151 months in prison for receiving and possessing child pornography. 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 previously entered guilty plea, Gurbey admitted to possessing 101 videos and 90 images of child pornography, which were found on a phone that Gurbey was carrying when he was arrested after attempting to meet with someone he believed to be a 15-year-old girl.
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, to begin after Gurbey is released from prison. Judge McAvoy also ordered Gurbey to pay $3,000 to each of three victims whose images of abuse Gurbey possessed.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, the Saratoga County Sheriff’s Office, and the Colonie Police Department. The case was prosecuted by Assistant U.S. Attorney Emily C. Powers.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s’ offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Ellenville Felon Pleads Guilty to Drug Conspiracy and Firearm ChargesRead the Press Release
ALBANY, NEW YORK – Antonio Naveo, a/k/a “Gratto,” a/k/a “Green Eyes,” age 40, of Ellenville, New York, pled guilty today to drug and firearm charges, and admitted his leadership of a drug trafficking organization that distributed crack cocaine and fentanyl in Ulster County.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (HSI), New York; and Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT).
In connection with his plea, Naveo admitted that, between September 2017 and December 2018, he led an organization that trafficked crack cocaine and fentanyl from New York City and Pennsylvania, respectively, to Ellenville, for redistribution in various locations around the Rondout Valley. Naveo further admitted that he unlawfully possessed a firearm as a felon.
Naveo faces at least 10 years and up to life in prison, a term of supervised release of at least 5 years and up to life, and a maximum fine of $10 million, when he is sentenced by United States District Judge Mae A. D’Agostino on July 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.
The following defendants have also pled guilty in connection with the conspiracy, and were sentenced as follows:
Name
Age
Prison Term
Supervised Release Term
Iqwan Mandiville, aka “Qwan”
27
70 months
4 years
Randy Mandiville, aka “B-Murda”
31
42 months
6 years
Jennifer McCombs
49
24 months
3 years
The following defendants have also pled guilty in connection with the conspiracy, and face the following penalties:
Name
Age
Minimum
Maximum
Margaret Vandyke
58
10 years
Life
Luis Curet
35
5 years
40 years
Edwin Jorge
46
None
20 years
This case was investigated by HIS; the Ulster County Sheriff’s Office in conjunction with URGENT, an inter-agency taskforce targeting drug dealers and gang members in Ulster County; and the New York State Police, with assistance from the Village of Ellenville Police and the Ulster County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
Rotterdam Man Sentenced to 136 Months for Attempted Online Enticement of a MinorRead the Press Release
ALBANY, NEW YORK - Randy Eignor, age 50, of Rotterdam, New York, was sentenced today to 136 months in prison, to be followed by 15 years of supervised release, for attempted online enticement of a minor.
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 previously entered guilty plea, Eignor admitted that he attempted to entice and coerce an individual, whom he believed to be a 12-year-old girl, to engage in sex. After days of exchanging sexually explicit text messages with the person whom he believed to be a 12-year-old girl, Eignor arranged to meet her in Colonie, where Eignor was arrested on February 12, 2020.
In sentencing Eignor, United States District Judge Mae A. D’Agostino specifically found that Eignor had previously engaged in a pattern of activity involving prohibited sexual conduct, which included his having molested three children placed in his care.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of state and local law enforcement agencies, including the New York State Police, the Colonie Police Department, and the Rotterdam Police Department, and was 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), 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.
Ithaca Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Leroy Reed, 52, of Ithaca, New York, made his initial appearance in federal court today on a complaint charging him with receiving child pornography, announced 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), and Tompkins County Sheriff Derek Osborne.
According to the criminal complaint, Reed, a registered sex offender who was convicted in 2002 of rape and sodomy in the first degree, received multiple child pornography video files over the internet.
The charge against Reed carries a mandatory minimum sentence of 15 years and a maximum of 40 years in prison, a post-release term of supervision of between five years and life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Reed made his initial appearance today before Magistrate Judge Miroslav Lovric and was detained pending further proceedings. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI Ithaca Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police Bureau of Criminal Investigation (BCI), with assistance from the Tompkins County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Gloversville Man Pleads Guilty to Distributing and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Jonathan L. Morgan, age 32, of Gloversville, New York, pled guilty today to distributing and possessing child pornography.
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).
Morgan admitted that he distributed videos depicting the sexual exploitation of children via a phone-based application connected to the Internet, from March 11 to March 12, 2020. He also admitted to possessing child pornography on two phones.
Morgan faces at least 5 years in prison, and a term of post-release supervision 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. Additionally, Morgan will be required to register as a sex offender.
The case was investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
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.
Connecticut Residents Charged with Conspiring to Commit Alien SmugglingRead the Press Release
PLATTSBURGH, NEW YORK – Rene Lima-Rivera, age 47, and Jose Portillo-Lopez, age 70, of Norwalk, Connecticut, were arrested on April 4 for conspiring to commit alien smuggling.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector. At a bail hearing yesterday, United States Magistrate Judge Gary L. Favro ordered Lima-Rivera detained and Portillo-Lopez released pending further proceedings.
According to the criminal complaint, on the night of April 3, U.S. Border Patrol agents observed a suspicious van travelling back and forth along State Route 11 in Chateaugay, New York. Border Patrol agents from the Burke Border Patrol Station stopped the vehicle and determined that four of the passengers were Vietnamese citizens who had illegally crossed into the United States. Portillo-Lopez told agents that Lima-Rivera had hired him to pick up these passengers.
The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty. The four citizens of Vietnam were expelled back to Canada.
The charges filed against Lima-Rivera and Portillo-Lopez carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by United States Border Patrol and is being prosecuted by Assistant U.S. Attorney Shira Hoffman.
Bronx Man Charged with Offering a Bribe to a Government OfficialRead the Press Release
SYRACUSE, NEW YORK – Muhammad Z. Aabdin, 30, of New York City, has been charged by complaint with offering a bribe to a public official, 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 complaint filed against Aabdin alleges that in September 2020, he offered a bribe to a contracting officer with the Veterans Administration (“VA”) in Syracuse. Specifically, 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”).
Aabdin was arraigned today in a hearing held by videoconference before United States Magistrate Judge Miroslav Lovric and was released pending further proceedings.
The charge filed against Aabdin carries 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.
The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by VA Office of Inspector General, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Two Binghamton Men Charged with Drug CrimesRead the Press Release
BINGHAMTON, NEW YORK – Tayvon Whaley, age 29, and Anthony Miller, age 38, both of Binghamton, New York, appeared in federal court late yesterday afternoon on a criminal complaint charging them with federal drug charges, 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 Field Division.
Whaley and Miller were arrested and charged yesterday by complaint. The criminal complaint charges Whaley with possessing with the intent to distribute more than 280 grams of cocaine base (crack) and methamphetamine, and Miller with possessing with the intent to distribute more than 28 grams of cocaine base (crack). It also charges both with aiding and abetting the possession with intent to distribute controlled substances.
The defendants are currently held in custody without bail pending a detention hearing. The charges in the complaint are merely accusations and both men are presumed innocent unless or until proven guilty.
If convicted of the charge set forth in the complaint, Whaley faces a mandatory minimum term of 10 years’ imprisonment, and a maximum potential sentence of life imprisonment, and Miller faces a mandatory minimum term of five years’ imprisonment, and a maximum potential sentence of 40 years’ imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated the U.S. Drug Enforcement Administration (DEA) and the Broome County Special Investigations Unit Task Force, and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.
Ithaca Man Charged with COVID-19 Relief FraudRead the Press Release
BINGHAMTON, NEW YORK - Ejembi Onah, age 58, of Ithaca, New York, was arrested yesterday on a federal wire fraud and money laundering complaint alleging that he fraudulently obtained approximately $150,000 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; Kevin M. Kelly, Special Agent in Charge, Buffalo Division of Homeland Security Investigations (HSI); and Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation.
The criminal complaint alleges that between April 1, 2020 and March 3, 2021, Onah received approximately $150,000 in Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), which were issued by two banks and the Small Business Administration to two companies he controlled. The complaint further alleges that in support of the loan applications, Onah submitted fraudulent tax documents and fabricated bank statements.
Onah made his initial appearance in court yesterday in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric, and was released with conditions.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of wire fraud, Onah faces up to 30 years in prison, up to five years of post-imprisonment supervised release, and a maximum fine of $1 million. If convicted of engaging in transfers of wire fraud proceeds of a value greater than $10,000, Onah faces up to 10 years in prison, up to three years of post-imprisonment supervised release, and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP, and $10 billion in low-interest loans to small businesses through the EIDL program. In April 2020, Congress authorized over $300 billion in additional PPP funding and $10 billion in additional EIDL funding, and in December 2020, Congress authorized another $284 billion in additional PPP funding.
This case is being investigated by U.S. Homeland Security Investigations (HSI) and IRS-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorneys Andrew D. Beaty and Joshua R. Rosenthal.
Former Postal Carrier Pleads Guilty to Discarding Mail in WoodsRead the Press Release
SYRACUSE, NEW YORK – Tanner Brown, 25, of Cobleskill, New York, pled guilty yesterday in federal court in Syracuse to one felony count of delaying the mail, announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Matthew Modafferi, United States Postal Service-Office of Inspector General (USPS-OIG), Northeast Area Field Office.
In pleading guilty, Brown admitted that between January 1, 2019, and July 24, 2019, while working as a postal carrier for the United States Postal Service, he intentionally detained and failed to deliver 5,833 pieces of mail. Instead of delivering this mail to its intended recipients in Onondaga County, Brown drove it to Sharon Springs, New York, where he dumped some of it in a grassy field and the rest of it in a wooded area underneath a pile of discarded tires. When agents recovered the mail from those locations, they discovered that much of it was First-Class Mail and that most of it was wet, dirty, and/or covered in bugs.
The charge to which Brown pled guilty carries 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. Brown will be sentenced by Chief United States District Judge Glenn T. Suddaby on August 4, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by USPS-OIG, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Australian Citizen Arrested for Visa FraudRead the Press Release
ALBANY, NEW YORK – Paul J. Carter, also known as Paul Hamilton, and formerly known as Paul J. Cristallo, was arrested yesterday for making false statements on a visa application.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office.
Carter, age 55, an Australian citizen residing in Watervliet, New York, is accused of lying about whether he used other names, as well as his criminal history, when he applied for a U.S. visa in 2018. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty
Carter appeared in court yesterday before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending a detention hearing scheduled for tomorrow, April 9.
If convicted, Carter faces up to 10 years in prison, as well as a maximum $250,000 fine. 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 HSI, with assistance from the U.S. Department of State Diplomatic Security Service, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Lewis County Man Pleads Guilty to Methamphetamine Distribution ChargesRead the Press Release
SYRACUSE, NEW YORK – Charles W. Whitcher, age 41, of Port Leyden, New York, pled guilty today to distribution and possession with intent to distribute methamphetamine, possession of pseudoephedrine with the intent to manufacture methamphetamine, and maintaining a drug-involved premises.
The announcement was made by Acting United States Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division, and Lewis County District Attorney Leanne K. Moser.
As part of today’s guilty plea, Whitcher admitted that between August 2019 and September 2019, he distributed methamphetamine he had manufactured in his home using the “one pot” method, which uses pseudoephedrine and other ingredients to produce methamphetamine that Whitcher would then distribute in exchange for cash or more pseudoephedrine.
Also as part of his guilty plea, Whitcher admitted he was previously convicted in federal court, in 2003, for his involvement in a conspiracy to manufacture, distribute, and possess with intent to distribute methamphetamine.
Sentencing is scheduled for August 11, 2021, at which time Whitcher faces up to 30 years in prison and a term of post-imprisonment supervised release of at least 6 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the DEA, the Lewis County Drug Task Force, and the Lewis County District Attorney’s Office and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Franklin County Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Robert Fitzgerald, age 83, of the Town of Waverly, New York, pled guilty today to 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 engaged in sexually explicit conduct with a minor, and videorecorded that conduct. He further admitted to possessing these videos on August 9, 2019.
Fitzgerald faces a sentence of up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to 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 has been set for June 9, 2021 in Albany before Chief United States District Judge Glenn T. Suddaby.
This case was investigated by Homeland Security Investigations and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Shira Hoffman and Katherine Kopita.
Oneida County Man Sentenced to 57 Months for Possessing Firearms and Ammunition as a FelonRead the Press Release
SYRACUSE, NEW YORK - Joseph W. Cromp, Sr., age 47, of Blossvale, New York, was sentenced today to serve 57 months in federal prison for possessing two firearms and over 100 rounds of ammunition as a convicted felon, announced Acting United States 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 Acting New York State Police Superintendent Kevin P. Bruen.
As part of his previous guilty plea, Joseph W. Cromp, Sr. admitted that he possessed a Rohm .22 caliber revolver and an Izhmash SAIGA 7.62 x 39 mm AK-47 style semiautomatic rifle, as well as 113 rounds of rifle ammunition that were seized pursuant to a search warrant by New York State Police from the defendant’s home in Blossvale, New York, on October 2, 2019. Cromp was previously convicted of the felony offense of Attempted Assault in the Second Degree in Oneida County Court on February 9, 2001. The search warrant and subsequent seizure of the firearms and ammunition followed a confrontation Cromp had with another man earlier in the evening.
In addition to the prison sentence imposed today, Joseph W. Cromp, Sr. was also sentenced to serve a three-year term of supervised release after he completes his term of imprisonment. His sentence also includes his forfeiture of the two firearms and accompanying 113 rounds of ammunition.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the New York State Police, and was prosecuted by Assistant U.S. Attorney Richard Southwick, with assistance from the Oneida County District Attorney’s office.
Prosecution of this case was brought as 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.