Northern District of New York

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. 

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.

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, 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.

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/.

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.

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/.

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.

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.

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, 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/. 

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.

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.

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, 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.

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.

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.

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.

 

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/.

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.

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.

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.

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.

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.

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.

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.

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.

 

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.

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.

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.

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. 

 

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.

ALBANY, NEW YORK – Fredrick Eli Knapp, age 52, of Pottersville, New York, was sentenced today to 24 months in prison for interstate transmission of threats to injure another person.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Acting United States Attorney for the Eastern District of North Carolina G. Norman Acker, III; William T. Bowman, Marshal of the Supreme Court of North Carolina; Special Agent in Charge Robert Wells of the Federal Bureau of Investigation (FBI) Charlotte Field Office; and Chief R.E. “Chip” Hawley of the North Carolina State Capitol Police Department.

In November 2019, Knapp sent profanity-laden emails from Warren County, New York, to court employees in North Carolina threatening, among other things, to “kill[] court employees,” and posted a message to the North Carolina court system’s Facebook page threatening to “find a way to get back to that state just to kill people in your courthouses.”  He also left a voicemail for a North Carolina police officer stating that police officers “don’t deserve to live.”  In response to Knapp’s threats, bomb-detection dogs were dispatched to a North Carolina courthouse. 

United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release, which will start after Knapp’s release from prison. 

This case was investigated by the State Marshals of North Carolina Judicial Branch, FBI, and the North Carolina State Capitol Police Department, and was prosecuted by Assistant U.S. Attorney Sebastian Kielmanovich of the United States Attorney’s Office for the Eastern District of North Carolina and Assistant U.S. Attorney Cyrus P.W. Rieck of the United States Attorney’s Office for the Northern District of New York. 

SYRACUSE, NEW YORK – Thomas Sczerbaniewicz, age 52, of Syracuse, pled guilty yesterday to one count of possessing and accessing with intent to view child pornography, announced 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 plea agreement and during the plea hearing before United States District Judge David N. Hurd in Utica, Sczerbaniewicz admitted that, in January 2021 while at his sex offender counseling service, he went into the bathroom and used a mobile phone to access the internet and view child exploitation images.

Sczerbaniewicz, who was convicted of possessing child pornography in 2009 and was on supervised release at the time he committed the current offense, faces at least 10 years and up to 20 years in prison on the new conviction. The Court also will impose a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

Sczerbaniewicz’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), after a referral from the United States Probation Office.  The case is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as a part of Project Safe Childhood.

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

ALBANY, NEW YORK – Angel Gomez, age 28, of Richmondville, New York, pled guilty today to a nine-count information, admitting that he received, possessed and distributed child pornography.

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

As part of his guilty plea, Gomez admitted to using a peer-to-peer file-sharing program to download image and video files from the internet, which he then saved to electronic devices. In addition, Gomez admitted that he allowed others to download child pornography from him via the peer-to-peer network. The conduct involved over 13,000 still images and over 2,400 videos depicting the sexual abuse of children.

Chief United States District Judge Glenn T. Suddaby will sentence Gomez on August 5, 2021. Each of counts one through four, alleging receipt and distribution of child pornography, carries a maximum sentence of 20 years and a mandatory minimum sentence of 5 years in prison, as well as a fine of up to $250,000. Each of counts five through nine, alleging possession of child pornography, carries a maximum sentence of 20 years and a maximum fine of $250,000. For all counts, Gomez faces a term of post-imprisonment supervised release of between 5 years and life and a requirement that he 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.

This case was investigated by HSI, along with members of the New York State Police, as part of Project Safe Childhood, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

Project Safe Childhood is 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/.

ALBANY, NEW YORK – Patris Derville, age 22, of Cohoes, New York, was sentenced yesterday to 13 months in prison for transmitting an interstate threat to injure another person, announced 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, Derville admitted that on January 15, 2020, he used his Facebook account to transmit a Facebook Live video over the internet during which Derville threatened to shoot another person, and that he posted the video for the purpose of communicating that threat to that person. 

Chief United States District Judge Glenn T. Suddaby also sentenced Derville to a 3-year term of supervised release, which will commence after Derville is released from prison.

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Troy Police Department.  This case was prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Alicia Suarez.

ALBANY, NEW YORK – Jacob Leonard, age 30, of Canton, New York, pled guilty today to one count of sexual exploitation of a child, one count of distribution of child pornography, and one count of possession of child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Superintendent Keith Corlett. 

Leonard, who remains detained pending his sentencing scheduled for August 5, 2021, faces at least 15 years and up to 70 years in prison.  Chief United States District Judge Glenn T. Suddaby will also impose a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Leonard would also have to register as a sex offender upon his release from prison.

As part of his guilty plea, Leonard admitted that while using a social media messaging application on his phone, he sent an image of child pornography – which he created – to another individual over the internet. A subsequent search of Leonard’s phone revealed that he was in possession of 33 images and 18 video files depicting child pornography.  

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

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

ALBANY, NEW YORK – Roderick Jones, age 41, of Albany, was ordered detained today on a federal complaint charging him with two separate instances of unlawful possession of firearms.

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 Eric Hawkins of the Albany Police Department.

The complaint alleges that on January 17, 2019, Jones possessed a loaded .380 caliber handgun in his vehicle when he was arrested on impaired driving charges.  The complaint further alleges that on September 29, 2019, Jones possessed a 9mm pistol that he discharged four times at an occupied residence.  On both occasions, Jones was a felon who was prohibited from possessing firearms.

Jones was arrested on the complaint on Wednesday, and appeared for a detention hearing today in Albany before United States Magistrate Judge Daniel J. Stewart.  Following a detention hearing, Jones was ordered detained pending trial.

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

Jones was previously convicted of unlawful possession of the .380 pistol in Albany County Court, but that conviction was overturned in July 2020, by the New York Supreme Court Appellate Division’s Third Department.  The court ruled that the search of Jones’s vehicle, leading to the recovery of the .380 pistol, was not a valid inventory search. At time of his arrest on the federal complaint, Jones was facing charges in Albany County Court related to the possession and discharge of the 9mm pistol in September 2019.  Those charges will be dismissed by the Albany County District Attorney’s Office in light of the federal complaint.

The charges filed against Jones carry a maximum sentence of 20 years in prison, a fine of up to $250,000, and a maximum 3-year term of supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the Albany Police Department and ATF.  It is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK - Brennan J. Thompson, age 43, of Cornwall Island, Ontario, was sentenced today to time served (approximately 2 months in jail) for driving away from the Massena Port of Entry while Customs and Border Protection (CBP) Officers attempted to search his vehicle.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Robert Dwyer, CBP Director of the Massena Port of Entry.

As part of his earlier guilty plea, Thompson admitted that on May 13, 2020, he was operating a silver Lincoln sedan when he approached the Massena Port of Entry, seeking to enter the United States from Canada.  When asked to open the vehicle’s trunk for inspection, Thompson quickly accelerated away from the inspection booth, made a U-turn and sped back into Canada.  Thompson was arrested on June 28, 2020.

Chief United States District Judge Glenn T. Suddaby also sentenced Thompson to a 3-year term of supervised release.  

The case was investigated by CBP and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK - Tyler C. King, age 32, of Dallas, Texas, was sentenced today to 21 months in prison for falsifying evidence and obstructing justice at his November 2019 jury trial.

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, King admitted to obstructing justice by falsifying evidence for use in his November 2019 federal jury trial in Albany.  Following that trial, King was convicted of conspiracy to commit computer fraud, computer fraud, and aggravated identity theft in connection with his hacking of a New York-based technology company, and sentenced to serve 57 months in prison.  The 21-month term of imprisonment imposed today will run consecutive to the 57-month term, for a total term of imprisonment of 78 months. 

For the obstruction conviction, Chief United States District Judge Glenn T. Suddaby also sentenced King to a 2-year term of supervised release, to begin following his term of imprisonment, and a $7,500 fine. 

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

SYRACUSE, NEW YORK – Michael Bartusek, age 58, of Fairport, New York, pled guilty today to wire fraud, money laundering, and filing a false tax return.

The announcement was made by Acting United States Attorney Antoinette T. Bacon of the Northern District of New York; United States Attorney James P. Kennedy, Jr. of the Western District of New York; Thomas Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Inspector in Charge Joseph Cronin, Boston Division, United States Postal Inspection Service (USPIS); and Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CI).

As part of his guilty plea, Bartusek admitted that, from the summer of 2015 through the end of 2016, he defrauded his employer of approximately $776,000 which he used to invest in a high-risk scheme to purchase and sell diamonds from overseas, hoping to profit personally from their sale and return the money he stole from his employer before his fraud was discovered. Instead, the diamond investment failed, and the money was lost. Bartusek also admitted that, as part of his diamond scheme, he and two others solicited investments for a company called Integra Diamonds by materially false and fraudulent representations in an effort to recover investment funds that had been lost, including the money Bartusek stole from his employer.

In addition to the fraud and money laundering charges, Bartusek pled guilty to filing a false tax return for tax year 2015, and he admitted that he underreported his total income that tax year by approximately $123,000. He admitted further that he underreported his total income for the 2016 tax year by approximately $46,000.

Sentencing is set for July 28, 2021, before Senior United State District Court Judge Thomas J. McAvoy. Bartusek faces upon to 20 years in prison on the fraud conviction, 10 years in prison on the money laundering conviction, and 3 years in prison on the tax conviction. The judge also could impose a term of supervised release of up to three years. In addition to imprisonment and supervised release, Bartusek faces a fine of up to $250,000, and as part of his plea agreement Bartusek agreed to be subject to a forfeiture money judgment in the amount of $946,000. A defendant’s sentence is imposed by a judge based on the statutes the defendant violated, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the Federal Bureau of Investigation (FBI), United States Postal Inspection Service, and the Internal Revenue Service – Criminal Investigation (IRS-CI). It is being prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Nicolas Commandeur of the Northern District of New York and Assistant U.S. Attorney Charles Kruly of the Western District of New York.

SYRACUSE, NEW YORK – Aaron Acevedo, 27, of Syracuse, New York pled guilty in federal court today to possessing with intent to distribute heroin and cocaine, announced Acting United States Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, and Chief Kenton Buckner, City of Syracuse Police Department.

As part of his guilty plea, Acevedo admitted that in June 2020 he possessed, and intended to distribute, more than 40 grams of heroin and more than 120 grams of cocaine.  Chief United States District Judge Glenn T. Suddaby scheduled sentencing for August 4, 2021 in Syracuse, New York.  At sentencing, Acevedo faces a maximum sentence of 30 years in prison, a fine of up to $2,000,000, and a term of supervised release of at least six years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the Drug Enforcement Administration (DEA), the Syracuse Police Department, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Investigators from the Onondaga County District Attorney’s Office, the United States Postal Inspection Service, the New York State Police, and the Onondaga County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur and Special Assistant U.S. Attorney Adrian LaRochelle.

SYRACUSE, NEW YORK - Derek Indivero, age 28, of Dewitt, New York, was sentenced today to serve 30 years in prison for attempted coercion and enticement of a child and possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon, Special Agent-in-Charge Thomas Relford of the Albany Division of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett. 

As part of his earlier guilty plea, Indivero admitted that in February of 2018 he began communicating with a middle school student using the on-line messaging application Snapchat.  Indivero offered the student $50 in exchange for sexual contact, and then met with the minor, engaged in the sexual contact, and paid the child $49.

Later that same month, law enforcement officials took over the middle school student’s Snapchat identity and, posing as the child, continued messaging Indivero. During the course of a Snapchat conversation, Indivero offered to pay the child $50 in exchange for oral sexual conduct, and then drove to a location to meet with the child for that purpose.  Instead of finding the child, Indivero encountered law enforcement officials, and was arrested.

As part of his guilty plea, Indivero also admitted that at the time of his arrest he possessed 37 child pornography videos he obtained from the Internet using his cellular telephone.  

Chief United States District Judge Glenn T. Suddaby also imposed a 30-year term of supervised release, which will start after Indivero is released from prison, and ordered Indivero to pay $6,000 in restitution and a $200 special assessment. As a result of his conviction, Indivero will be required to register as a sex offender upon his release from prison.

Indivero’s case was investigated by the Federal Bureau of Investigation (FBI) and the New York State Police in coordination with the Onondaga County Sheriff’s Office and the Onondaga County District Attorney’s Office.  The case was 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), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Sarah Gates, age 39, of Cortland, New York, pled guilty today to a three-count information charging that she, together with Christopher M. Perry, conspired to sexually exploit, and sexually exploited, a child under five years of age for the purpose of producing images of the abuse.

The announcement was made by the 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).

As part of her guilty plea, Gates admitted that on several occasions in 2017, she and Christopher M. Perry sexually exploited a child under five years of age while taking photographs using two cell phones.

Christopher M. Perry pled guilty to the same offenses on April 9, 2020 and was sentenced on November 3, 2020 to serve 540 months (45 years) in federal prison. 

Senior United States District Judge Thomas J. McAvoy will sentence Gates on July 28, 2021.  Each of the three crimes to which Gates pled guilty carries a mandatory minimum sentence of 15 years, and a maximum sentence of 30 years in prison, a fine of up to $250,000.00, and a term of post-imprisonment supervised release of at least 5 years and up to life.  She 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.

This case is being investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), the City of Cortland Police Department, and the New York State Police-Computer Crimes Unit, and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare and Special Assistant United States 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 Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Recep Sandikci, age 46, of North Plainfield, New Jersey, was sentenced today to 71 months in prison for attempting to meet an Albany-area 13-year-old girl for sex, as well as for sending her obscene material. 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, Sandikci admitted to driving from New Jersey to New York on August 6, 2019, in order to meet and have sex with the 13-year old. During communications between Sandikci and the girl over a cellphone application in the days leading up to the arrest, Sandikci sent the girl sexually explicit images. Sandikci was arrested in an Albany County parking lot where he believed he was about to meet the girl.

United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release, which will commence after Sandikci is released from prison. Sandikci is also required to pay a $5,000 special assessment fee, and he will be required to register as a sex offender following his release from prison.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and 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/.

SYRACUSE, NEW YORK-Matthew Lamb, 48, of DeRuyter, New York, was sentenced yesterday in federal court in Syracuse, New York, to serve 18-months incarceration, to be followed by a 16-year term of supervised release in connection with his plea of guilty to two counts of failing to register and update his registration as a previously convicted sex offender, announced Acting United States Attorney Antoinette T. Bacon and David L. McNulty, United States Marshal for the Northern District of New York.

On October 7, 2020, Lamb pled guilty and admitted that he had two e-mail addresses that he failed to disclose to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”).  As part of his guilty plea, Lamb admitted that from May 3, 2016 through May 13, 2019, he failed to register a Yahoo! e-mail address that he created on December 10, 2001, as required by SORNA.  Further, Lamb admitted that from April 27, 2018, through May 13, 2019, he failed to register and update his registration to disclose a Google e-mail address that he created on April 16, 2019, as required by SORNA. 

Lamb was required to register as a sex offender because of his federal conviction in 2012 for distribution of child pornography, receipt of child pornography and possession of child pornography.  Lamb was sentenced on December 6, 2012, to serve 84-months incarceration, and a 20-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, Lamb also admitted yesterday to violating the terms of supervised release previously imposed from his 2012 conviction. He was also sentenced yesterday to a consecutive term of 12-months incarceration for those violations.

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

ALBANY, NEW YORK – Blake Spears, age 40, of Westmere, Town of Guilderland, New York, was sentenced today to 300 months in prison for sexually exploiting a 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).

Spears admitted that on December 1, 2018, he used his phone to video-record himself masturbating while standing over a sleeping child. He also admitted to using a phone messaging application to distribute, to others, videos depicting the sexual abuse of other children.

In imposing sentence, United States District Judge Mae A. D’Agostino found that Spears was a repeat and dangerous sex offender, and had repeatedly exploited a minor. She also imposed a 20-year term of supervised release, to begin after the 300-month term of imprisonment, and ordered Spears to pay $8,000 in restitution to individuals whose abuse was depicted in images that Spears possessed.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department and New York State Police.   The case was prosecuted by Assistant U.S. Attorney Michael Barnett.

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

SYRACUSE, NEW YORK – Sean Okrzesik, age 34, of Syracuse, was arrested on March 23 on charges of theft of government property and Social Security fraud related to his diversion of Supplemental Security Income (SSI) benefits into bank accounts he set up in the names of beneficiaries or their representative payees while he was employed in the Syracuse District Office of the Social Security Administration. SSI is a federal income supplement program funded by general tax revenue.  The program is designed to help disabled people, with little or no income, cover the costs of basic needs.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Gail S. Ennis, Inspector General for the Social Security Administration.

Okrzesik appeared in Federal Court in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks.  He was ordered released pending trial on a date to be scheduled in the future.

If convicted of theft of government property and Social Security fraud, Okrzesik faces a maximum term of imprisonment of ten (10) years, a fine of up to $250,000, and a term of supervised 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 charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

This case is being investigated by the SSA Office of the Inspector General under the supervision of John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office, and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

ALBANY, NEW YORK – Thomas A. Johnson, age 24, of Boone, North Carolina, has been charged with perpetrating a March 2016 distributed denial of service (“DDOS”) attack that disrupted internet access for thousands of Plattsburgh-area internet customers.

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).

DDOS attacks target websites and online services. The attacker causes the targeted server or network to be overwhelmed by more internet traffic than the server or network can typically accommodate, which renders the affected server or network inoperable for a period of time until service can be restored. The charges in the information are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Johnson is charged with intentionally causing damage to a protected computer, a misdemeanor. The offense carries a maximum penalty of 1 year in jail, as well as a fine of up to $100,000, and a term of supervised release of up to a year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Johnson was arraigned today in Albany before United States Magistrate Judge Daniel J. Stewart. He was ordered released pending further proceedings.

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

SYRACUSE, NEW YORK – Daniel Miller, age 26, of Stamford, New York, was sentenced today to serve 210 months (17.5 years) in federal prison for using his cellphone to upload child pornography to an online cloud storage account announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Thomas F. Relford of the Albany Field Office of the Federal Bureau of Investigations (FBI).

As part of his earlier guilty plea in United States District Court, Miller, who was twice previously convicted in Schoharie County Court: first in 2015 for Possessing an Obscene Sexual Performance by a Child, and then in 2017 for Sexual Abuse in the First Degree and Endangering the Welfare of a Child, admitted that while on probation for these prior convictions he uploaded images and videos of child pornography to his Dropbox account using a cellphone he was not permitted to have under the terms of his probation.

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

This case was investigated by the Federal Bureau of Investigation (FBI), the Delaware County Sheriff’s Office, and the Delaware County Probation Office and was prosecuted by Assistant U.S. Attorney Sahar L. Amandolare and Special Assistant U.S. Attorney Adrian S. LaRochelle.

The case was prosecuted 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.