Northern District of New York
Press releases recorded for this federal judicial district.
Rochester Man Pleads Guilty to Stealing Nude Photographs of Dozens of WomenRead the Press Release
ALBANY, NEW YORK – Nicholas Faber, age 25, of Rochester, New York, pled guilty yesterday to computer fraud and aggravated identity theft in connection with his hacking of online social media accounts and theft of nude images of dozens of female victims.
The announcement was made by Acting Assistant Attorney General Nicholas McQuaid; 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 State University of New York-Plattsburgh Police Chief Patrick Rascoe.
Faber pled guilty to one count of computer intrusion causing damage and one count of aggravated identity theft.
Faber obtained his undergraduate degree from SUNY-Plattsburgh, graduating in 2017.
As part of his guilty plea, Faber admitted that from about 2017 to 2019, he worked with co-conspirator Michael Fish to access the school email accounts of dozens of female college students and then used information from those school email accounts to gain access to the victims’ social media accounts. Faber then stole, and traded online with others, private nude photographs and movies stored in the victims’ social media accounts. Also, as a result of Faber’s crimes, the university had to allocate money and staff to identifying compromised accounts, reviewing computer and server access logs, resetting passwords, and notifying students and parents.
United States District Judge Mae A. D’Agostino is scheduled to sentence Faber on June 9, 2021. He faces at least 2 years and up to 12 years in prison, a $250,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Faber has also agreed to pay $35,430 in restitution to SUNY-Plattsburgh.
Fish pled guilty to computer hacking, aggravated identity theft and child pornography offenses, and is scheduled to be sentenced on March 19, 2021.
This case was investigated by the FBI with substantial assistance from the SUNY-Plattsburgh Police Department. Deputy Chief Michael Stawasz, from the Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal, are prosecuting the case.
Man Pleads Guilty to Stealing Nude Photos of Dozens of VictimsRead the Press Release
A New York man pleaded guilty Monday to computer fraud and aggravated identity theft related to his hacking of online social media accounts and theft of nude images of dozens of female victims.
Acting Assistant Attorney General Nicholas L. McQuaid, Acting U.S. Attorney Antoinette T. Bacon of the Northern District of New York, Special Agent in Charge Thomas F. Relford of the FBI’s Albany Field Office and State University of New York (SUNY)-Plattsburgh Police Chief Patrick Rascoe made the announcement.
Nicholas Faber, 25, of Rochester, pleaded guilty to one count of computer intrusion causing damage and one count of aggravated identity theft.
As part of his guilty plea, Faber admitted that from about 2017 to 2019, he worked with co-conspirator Michael Fish to access the school email accounts of dozens of female college students and then used information from those school email accounts to gain access to the victims’ social media accounts. Faber then stole, and traded online with others, private nude photographs and movies stored in the victims’ social media accounts. Also, as a result of Faber’s crimes, the university had to allocate money and staff to identifying compromised accounts, reviewing computer and server access logs, resetting passwords, and notifying students and parents.
Faber obtained his undergraduate degree from SUNY-Plattsburgh, graduating in 2017.
Faber has also agreed to pay $35,430 in restitution to SUNY-Plattsburgh and is scheduled to be sentenced June 9. Fish pleaded guilty to computer hacking, aggravated identity theft and child pornography offenses, and is scheduled to be sentenced on March 19.
This case was investigated by the FBI with substantial assistance from the SUNY-Plattsburgh Police Department. Deputy Chief Michael Stawasz from the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal are prosecuting the case.
Baldwinsville Man Charged with Receiving Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Richard Curtis, age 21, of Baldwinsville, New York, appeared today in federal court on charges that he received 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).
According to a criminal complaint, Curtis solicited and received numerous images and videos of child pornography using the Instagram application on his cellular phone. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Curtis faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Curtis appeared today before United States Magistrate Judge Andrew T. Baxter and was detained pending further proceedings.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI). 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.
Statement on the Deaths of FBI Special Agents Dan Alfin and Laura SchwartzenbergerRead the Press Release
ALBANY, NEW YORK – Acting U.S. Attorney Antoinette T. Bacon issued the following statement regarding the deaths of FBI Special Agents Dan Alfin and Laura Schwartzenberger on February 2, 2021, in Sunrise, Florida:
“Our deepest condolences to the family, friends, and colleagues of FBI Special Agents Dan Alfin and Laura Schwartzenberger, two selfless public servants who dedicated their careers to protecting children.
“We feel the loss especially in the Northern District of New York, as we were fortunate to work with SA Alfin while he was stationed at FBI Albany. Over those 5 years, SA Alfin worked tirelessly to protect our community from predators. Using creative investigative techniques, SA Alfin targeted the worst predators in our area and went on to lead a national investigation. We are grateful to have worked with him and will remember his intelligence, dedication, and sense of humor. He will be missed.
“The USAO will honor SA Alfin’s and SA Schwartzenberger’s legacies by redoubling our efforts to keep the community safe, especially for children and teens who are targeted by sexual predators and human trafficking organizations.”
Saratoga County Man Admits to Unlawfully Selling “Ghost Guns” and Methamphetamine DistributionRead the Press Release
ALBANY, NEW YORK – Christopher Montano, age 36, of Edinburg, New York, pled guilty today to unlawfully conspiring to deal, possess, transfer and make unregistered firearms, and to distributing methamphetamine.
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 Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
In pleading guilty, Montano admitted that between August and October 2019, he, along with Michael Castelluccio, conspired to build and sell firearms from component parts ordered online. These firearms are commonly known as “ghost guns” because they do not have serial numbers, which makes them difficult for law enforcement to trace.
Montano admitted to conspiring to possess and transfer short-barreled rifles, which are rifles with barrels less than 16 inches long, and admitted to doing so without having filed an application with or received approval from the Secretary of the Department of the Treasury, or paying the tax required by federal law. He also admitted to selling more than 50 grams of methamphetamine.
Chief United States District Judge Glenn T. Suddaby scheduled sentencing for June 3, 2021.
Montano faces a minimum sentence of 10 years in prison, a maximum sentence of life, a fine of up to $10 million, and a term of supervised release of up to life. Montano also agreed to forfeit the proceeds he received from the sale of the methamphetamine.
Castelluccio pled guilty on November 5, 2020 to unlawfully transferring an unregistered short-barreled rifle that had machinegun capability, and is scheduled to be sentenced on April 1, 2021. Castelluccio faces 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. Castelluccio also agreed to forfeit a pickup truck that he used to transport the firearms.
A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the ATF and HSI, as well as the Schenectady County and Montgomery County Sheriff’s Offices. The case is being prosecuted by Assistant U.S. Attorney Alexander Wentworth-Ping.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download
United States Attorney’s Office Launches Law Enforcement Task Force Focused on Human TraffickingRead the Press Release
ALBANY, NEW YORK - Acting United States Attorney Antoinette T. Bacon announced today that her office, together with federal, state, and local law enforcement, has launched a law enforcement task force focused on combating human trafficking.
The task force is comprised of members from the United States Attorney’s Office; Federal Bureau of Investigation; Homeland Security Investigations; Drug Enforcement Administration; New York State Police; the Police Departments of Albany, Colonie, Rotterdam, Schenectady, Troy; Sherriff’s Offices of the Counties Albany, Schenectady, Rensselaer, and Ulster; Rensselaer County Probation Department; and the Offices of the District Attorneys of Albany, Rensselaer, Schenectady, and Saratoga Counties. The United States Attorney’s Office plans to expand the task force to cover all 32 counties it serves.
This week, the United States Attorney’s Office hosted a virtual training for members of the task force. National experts from the Department of Justice’s Human Trafficking Prosecutions Unit lectured on the Trafficking Victims Protection Act, coercion-based sex trafficking and forced labor, trauma informed interviewing, and proactive strategies to detect trafficking crimes.
Acting U.S. Attorney Bacon said, “Human trafficking is modern day slavery. Ruthless traffickers use force, lies, threats, coercion, and sometimes even drugs, to force victims into a life of commercial sex or tedious labor. Victims are trapped; and they need our help to reclaim their freedom. We launched this task force, during the 10th Annual National Slavery and Human Trafficking Prevention Month, to enhance law enforcement’s ability to dismantle human trafficking networks and to help restore victims’ lives.”
“Human trafficking is an incredibly dangerous crime and its impact on victims is immeasurable," stated Thomas Relford, Special Agent in Charge of the FBI’s Albany Field Office. "That’s why it's not enough to simply identify the violation, we must work together to prevent exploitation. Having a dedicated task force with our federal, state, and local law enforcement partners to address these issues here at home provides us more resources to identify, investigate, and arrest any perpetrator of this horrific activity.”
“Human trafficking is an egregious crime that dehumanizes its victims,” said Kevin Kelly, HSI Special Agent in Charge. “Through this task force, HSI is committing to work collaboratively in a victim-centered approach to investigate these heinous crimes and bring to justice those who prey on the most vulnerable in our communities.”
“There is an intrinsic relationship between human traffickers and drug-related crime,” said DEA Assistant Special Agent in Charge David Zon. “This training cements a law enforcement partnership focused on investigating and bringing to justice those responsible for crimes associated with human trafficking. I applaud the Northern District of New York for their focus and leadership in this Task Force.”
New York State Police Acting Superintendent Kevin P. Bruen said, “As law enforcement, any tool or additional working group we can be a part of, in order to fight and prevent a crime, is a welcome one. Human trafficking is a complex crime, and any person, regardless of race, sexuality or gender can be a victim. We will continue to work with all of our partners to make sure human traffickers are put in prison, and their victims get the help they need.”
Albany County District Attorney David Soares said, “Human Trafficking is a global issue and it will only improve our response to unify beyond the borders of our respective jurisdictions and work together to detect and combat this issue on all fronts. Recognizing that a strong and widespread law enforcement response to these types of crimes will effectuate the greatest change in the life of the individual victim as well as the larger community, my office is grateful to be included in this regional taskforce."
Rensselaer County District Attorney Mary Pat Donnelly said, “We welcome the opportunity to collaborate with the United States Attorney’s Office and other agencies as I believe a multi-agency approach is most effective. This is an opportunity to share knowledge and resources in order to combat human trafficking, prosecute those involved and assist those affected.”
Saratoga County District Attorney Karen Heggen said, “The Saratoga District Attorney’s Office is pleased to join with the other Task Force members in a coordinated and collaborative effort to combat the devastating impact of human trafficking in our region. Our office is committed to hold offenders of trafficking accountable for their criminal conduct by working with our Task Force partners.”
Rensselaer County Sheriff Patrick Russo said, “I applaud the U.S. Attorney’s Office for taking this initiative and we will assist in any way we are able.”
Ulster County Sheriff Juan Figueroa said, “I want to express my appreciation to the US Attorney's Office for recognizing the need for a Human Trafficking Task Force. We realize there is a need to combat this issue not only in Ulster County but throughout New York State. Human trafficking involves our immigrant communities who are vulnerable to the illegal sex trade and unfair labor practices. The Ulster County Sheriff's Office is PROUD to have a member participate in a collaborative effort to help combat human trafficking."
“Human trafficking can occur in any community and those victimized may be reluctant to come forward,” said Albany Police Chief Eric Hawkins. “This newly launched task force will allow for law enforcement partners at all levels of government to collaboratively investigate incidents of human trafficking and bring offenders to justice. In addition, the task force will help to raise awareness about human trafficking in our communities while empowering and assisting victims. I commend Acting United States Attorney Antoinette T. Bacon for her leadership in launching this task force and look forward to its success.”
“Having multiple agencies on the task force will increase its ability to investigate these crimes and result in more victims rescued and suspects apprehended,” said Colonie Police Chief Jonathan Teale.
Schenectady Police Chief Eric Clifford said, “The Schenectady Police Department is proud to partner with the United States Attorney’s Office and our local partners to combat human trafficking. I would like to thank Acting U.S. Attorney Bacon for leading this effort in the Northern District of New York and look forward to working with our community partners to bring attention to human trafficking and combat it in our city.”
Laura Bauer, Director, Rensselaer County Department of Probation said, “Rensselaer County Probation is looking forward to working with all involved with this valuable collaborative to combat human trafficking. Probation Officers recognize the devastating effect human trafficking has on victims, who are at times discovered to be the youth and adults with whom we work.”
The United States Attorney’s Office and its partners encourage the community to join in our efforts by staying alert for signs of trafficking, including:
- Is the person in the company of someone to whom he or she defers? Or, someone who seems to be in control of the situation, for example where they go or who they talk to?
- Does the person appear to be coached on what to say?
- Is the person living in unsuitable conditions?
- Does the person lack personal items and appear not to have a stable living situation?
- Does the person have freedom of movement? Can he or she leave where they live? Are there unreasonable security measures?
- Does the person seem preoccupied with his or her cellphone or internet-capable devices?
- Does the person have items, for example clothing, shoes, accessories, electronics, that he or she should not be able to afford?
- Is the child missing school or missing parts of the school day without explanation?
If you or someone you know is being trafficked, contact local law enforcement or report it to federal law enforcement through the National Human Trafficking Hotline at 1-888-373-7888 or 1-866-347-2423.
Albany Man Charged with Obstruction of Justice and Violating Release ConditionsRead the Press Release
ALBANY, NEW YORK – Michael P. Fish, age 25, of Albany, was charged today with obstruction of justice and committing a felony offense while on release, for submitting fraudulent character letters to the United States District Judge overseeing his federal criminal case.
The announcement was made by Acting U.S. Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The criminal complaint alleges that Fish, who pled guilty to computer hacking, aggravated identity theft and child pornography offenses in May 2020, submitted six fraudulent character letters to U.S. District Judge Mae A. D’Agostino. According to the complaint, Fish doctored letters, including one from a Catholic priest, and created letters purportedly from others, including his mother and grandparents. The fraudulent letters spoke of Fish’s good character and asked Judge D’Agostino to impose a lenient sentence.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charges filed today against Fish 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.
Fish will be sentenced on March 19, 2021 in connection with his May 2020 convictions. He faces at least 2 years in prison.
This case is being investigated by the FBI, and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.
Utica Man Charged with Aggravated Harassment of VA EmployeesRead the Press Release
ALBANY, NEW YORK – Robert Seifert, age 62, of Utica, New York, was charged by criminal complaint last week for making telephonic threats to employees of the Albany Stratton Veterans Affairs (VA) Medical Center.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Christopher Algieri, Special Agent in Charge of the Northeast Field Office for the United States Department of Veterans Affairs, Office of Inspector General (VA-OIG).
The criminal complaint alleges that on January 14, 2021, Seifert made repeated calls to employees at the Albany Stratton VA with no legitimate purpose other than to threaten them, and left threatening voicemails in which he used demeaning and offensive language that caused each of the employees to fear for their safety. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Seifert is a Class A misdemeanor that carries a maximum of 1 year in prison, a maximum fine of up to $100,000, and a term of supervised release of up to 1 year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Seifert was arraigned on January 22 in Albany before United States Magistrate Judge Daniel J. Stewart. On January 27, Judge Stewart ordered that Seifert be detained pending trial.
This case is being investigated by the VA-OIG and the Veterans Affairs Police Service at the Albany Stratton VA Medical Center, and is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.
Albany Felon Sentenced to 32 Months for Illegally Possessing a FirearmRead the Press Release
ALBANY, NEW YORK – Zaiqua Acosta, age 22, of Albany, was sentenced today to 32 months in prison for unlawfully possessing a firearm and ammunition as a felon.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Acosta, who has a 2016 felony conviction for criminal possession of stolen property, admitted that on May 5, 2020, he possessed a Smith & Wesson SD40 VE .40 caliber pistol, loaded with nine rounds of ammunition.
Senior Judge Lawrence E. Kahn also imposed a 3-year term of post-imprisonment supervised release.
This case was investigated by the Albany Police Department and the ATF, and was prosecuted by Assistant U.S. Attorney Rachel Williams.
Schenectady Man Charged with Unlawful Possession of a FirearmRead the Press Release
ALBANY, NEW YORK -Elijah Torres, age 30, of Schenectady, New York, was charged earlier this month with unlawfully possessing a loaded 9mm pistol as a felon.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The criminal complaint alleges that Torres, a felon, possessed a loaded 9mm pistol on March 18, 2020 in Schenectady. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Torres appeared last Friday before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending further proceedings.
Torres faces up to 10 years in prison, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the ATF and Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
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Salvadoran Citizen Arrested for Alien SmugglingRead the Press Release
PLATTSBURGH, NEW YORK – Douglas Quintanilla-Soriano, age 26, and a citizen of El Salvador, was arrested on January 17 and charged in connection with a failed smuggling event.
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.
The criminal complaint alleges that Quintanilla-Soriano was arrested while transporting two illegal aliens who had illegally crossed into the United States through the woods near Churubusco, New York. Border Patrol Agents from the Burke Station stopped the vehicle that was being operated by Quintanilla-Soriano and detained the occupants.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Quintanilla-Soriano appeared before United Magistrate Judge Daniel J. Stewart on Tuesday, and was ordered detained.
If convicted, Quintanilla-Soriano faces up to 5 years in prison. The two occupants of the vehicle were found to be citizens of El Salvador and Mexico, respectively, and illegally present in the United States. Both of the occupants were detained and expelled to Canada.
This case is being investigated by United States Border Patrol and prosecuted by Assistant U.S. Attorney Jeffrey Stitt.
Otsego County Man Charged with Drug and Firearms OffensesRead the Press Release
BINGHAMTON, NEW YORK - Mark Mongillo, age 31, of Unadilla, New York, appeared in federal court today on a criminal complaint charging him with methamphetamine distribution charges and possession of a firearm in furtherance of a drug trafficking crime, announced Acting United States Attorney Antoinette T. Bacon.
Mongillo was initially arrested and charged by the Broome County District Attorney’s Office on January 20, 2021 on New York State law charges. The federal criminal complaint alleges that Mongillo possessed with the intent to distribute approximately 642 grams of methamphetamine, along with a loaded Glock pistol with a defaced serial number. It also alleges the Mongillo is a licensed pharmacist in the State of New York.
Mongillo made his initial appearance in federal court today in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric, and was ordered detained.
If convicted of the charges set forth in the federal complaint, the defendant faces up life imprisonment, with a mandatory minimum term of 10 years’ imprisonment, on the drug charge, and up to life imprisonment, with a mandatory minimum term of five years’ consecutive imprisonment, on the firearms charge. 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 indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by United States Drug Enforcement Administration (DEA) and the Johnson City Police Department, and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.
Former State Employee Charged with Conspiracy to Commit Wire FraudRead the Press Release
ALBANY, NEW YORK – Srinivas Kancha, age 52, of Selkirk, New York, was charged today with conspiring to defraud his former employer, the Office of the New York State Comptroller (OSC).
The announcement was made by Acting United States Attorney Antoinette T. Bacon; New York State Comptroller Thomas P. DiNapoli; and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
A criminal complaint alleges that between 2015 and 2017, while employed at OSC, Kancha conspired with the owner of a company (identified in the complaint as “Company-P”) to fraudulently obtain money by hiring computer programmers from Company-P to work on a project Kancha managed for OSC in exchange for a kickback from Company-P. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
In January 2015, according to the complaint, OSC entered into a contract with a consortium of three companies to identify and hire computer programmers for a project. When OSC needed to hire a programmer, it sent a request form to one of the three companies. Each company then submitted a purportedly qualified applicant. Frequently, the applicants were employed by subcontractors, including Company-P. From January 2015 through October 2016, OSC hired 17 programmers for the project at hourly rates ranging from $80 to $120. In late 2016, OSC learned that many of the programmers’ references and work histories were not legitimate, including those hired from Company-P, and launched an internal investigation.
According to the complaint, between February 2015 and October 2016, Kancha and his co-conspirator ensured that programmers from Company-P were hired by falsifying information regarding their experience and work histories, and providing them with interview questions ahead of their interviews at OSC. Kancha then interviewed the programmers, hired them knowing that their qualifications were falsified, and set their hourly rates. Between February 2015 and September 2017, Company-P received approximately $870,000 from OSC for its programmers’ pay. The owner of Company-P kept a percentage of the programmers’ pay. He then paid Kancha a portion of that percentage.
If convicted of this offense, Kancha faces up to 20 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.
Kancha appeared today in Albany before United States Magistrate Judge Daniel J. Stewart, and was ordered released with conditions pending further proceedings.
This case was initiated by the Office of the New York State Comptroller, and is also being investigated by HSI, the United States Postal Inspection Service, and the United States Department of Labor, Office of Inspector General, Office of Investigations. The case is being prosecuted by Assistant U.S. Attorney Katherine Kopita.
New Jersey Man Charged with Traveling Across State Lines Intending to Engage in Sexual Conduct with a ChildRead the Press Release
ALBANY, NEW YORK – Tristan Warner, age 47, of New Jersey, was charged today with interstate travel with the intent to engage in sexual conduct with 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).
The criminal complaint alleges that on January 15, Warner travelled from New Jersey to a location near Watervliet, New York, to meet with an undercover officer posing as a mother who was willing to make her 11-year-old daughter available for a sexual encounter. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
If convicted of this offense, Warner faces up to 30 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. 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. He would also have to register as a sex offender upon his release from prison.
Warner appeared today in Albany before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending a hearing on January 20.
This case is being investigated by the FBI, the New York State Police, and the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
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.
Whitehall Man Charged with Unlawful Possession of Firearms and AmmunitionRead the Press Release
ALBANY, NEW YORK – Shane Smith, age 24, of Whitehall, New York, was charged this week with unlawfully possessing two short-barrel rifles and 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).
The criminal complaint alleges that Smith, a felon, possessed two homemade AR-15-type rifles whose barrels were less than 16 inches in length, and hundreds of rounds of ammunition, on December 15 at his Whitehall home. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Smith appeared yesterday before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending further proceedings.
Each count carries a maximum sentence of 10 years in prison, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and the ATF, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Syracuse Man Sentenced for Assaulting U.S. Postal EmployeeRead the Press Release
SYRACUSE, NEW YORK – Daniel J. Trammell, age 58, of Syracuse, was sentenced yesterday to serve 30 months in prison for assaulting a United States Postal Service employee, announced Acting United States Attorney Antoinette T. Bacon and Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.
As party of his previous guilty plea, Trammell admitted that on April 21, 2020, he assaulted a letter carrier while the carrier was delivering mail. Trammell caused two cuts to the victim’s neck.
In addition to his term of imprisonment, the court also sentenced Trammell to 3 years of supervised release.
This case was investigated by the U.S. Postal Inspection Service and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
Onondaga County Postal Carrier Charged with Obstructing the MailRead the Press Release
SYRACUSE, NEW YORK – Priscilla Czyz, age 37, of Cato, New York, has been charged with obstructing the mail, announced Acting United States Attorney Antoinette T. Bacon Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPS-OIG), Northeast Area Field Office.
Czyz was arraigned today in federal court in Syracuse by videoconference before United States Magistrate Judge Andrew T. Baxter. The charge against Czyz alleges that she obstructed the mail while working as a postal carrier by willfully failing to deliver mail entrusted to the United States Postal Service for delivery in Onondaga County, New York between September 24, 2020, and October 7, 2020. Czyz was released pending further proceedings.
The charge filed against Czyz carries a maximum sentence of 6 months in prison and a fine of up to $5,000. 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 charge filed against Czyz is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by USPS-OIG, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Gloversville Man Arrested on Drug and Firearms ChargesRead the Press Release
ALBANY, NEW YORK – Kent Tucker, age 23, of Gloversville, New York, was indicted yesterday on charges of possession with intent to distribute methamphetamine, possession of a firearm by a felon, possession of a stolen firearm, and possession of a firearm in furtherance of drug trafficking.
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).
The indictment alleges that on August 21, 2020, Tucker possessed a Glock handgun stolen from a Gloversville firearms dealer, and possessed methamphetamine with the intent to distribute. The indictment also charges that Tucker possessed the handgun in furtherance of his drug trafficking activities. An earlier complaint filed on January 5, 2021 alleges that during the arrest, Tucker threw the stolen firearm from his person while being arrested.
The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted on all charges, Tucker faces a maximum sentence of life in prison, a minimum of 5 years in prison, a fine of up to $5 million, and a term of supervised release of at least 5 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.
Tucker initially appeared Wednesday in Albany before United States Magistrate Judge Christian Hummel, and was ordered detained pending a trial.
This case is being investigated by the ATF and Gloversville Police Department, and prosecuted by Assistant U.S. Attorney Alexander Wentworth-Ping.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.
Syracuse Man Pleads Guilty to Uploading Child Pornography to FacebookRead the Press Release
SYRACUSE, NEW YORK – Randy Tremfer, age 44, of Syracuse, New York, pled guilty today in federal court in Binghamton to one count of transportation 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).
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 on his Facebook account. Tremfer also admitted that he has a prior conviction in federal court for receipt and possession of child pornography, for which he served a 60-months prison sentence, and that he was on supervised release at the time of the offense for which he pled guilty today.
The charge to which Tremfer pled guilty carries a mandatory minimum sentence of 15 years in prison, a maximum sentence of up to 40 years in prison, a fine of up to $250,000, and a term of supervised release of between five years and life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Tremfer will be sentenced on May 6, 2021, by United States District Judge David N. Hurd, who presides over the case.
This case was investigated by Homeland Security Investigations (HSI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Otsego County Woman Pleads Guilty to Stealing from School DistrictRead the Press Release
ALBANY, NEW YORK – Kristina Hand, age 47, of Morris, New York, pled guilty today to stealing at least $34,000 from her former employer, the Morris Central School District.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; New York State Comptroller Thomas P. DiNapoli; 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 M. Corlett.
Hand pled guilty to two counts of federal program theft, for stealing from a school district that received federal funds.
From 2014 through February 2020, Hand was the Treasurer for the Morris Central School District in Otsego County. In pleading guilty, she admitted that she stole about $24,000 by depositing checks payable to the school district into bank accounts that she controlled. She also admitted to stealing at least $10,000 more by using the school district’s Amazon account and credit cards to purchase items for her personal use.
Senior United States District Judge Thomas J. McAvoy is scheduled to sentence Hand on May 11, 2021. She faces up to 10 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Hand has also agreed to pay $34,000 in restitution to the school district.
This case was investigated by the FBI, New York State Police, and the Office of the New York State Comptroller, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Albany Man Arrested on Heroin and Fentanyl ChargeRead the Press Release
ALBANY, NEW YORK – Carlos Aguayo-Salas, age 26, of Albany, was arrested yesterday and charged with possession with the intent to distribute heroin laced with fentanyl.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
Aguayo-Salas appeared yesterday before United States Magistrate Judge Christian F. Hummel and was ordered detained pending a detention hearing scheduled for Monday. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Salas carries a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the DEA, Albany County Sheriff’s Office, Albany Police Department, Colonie Police Department, and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.
Manlius Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Chester Hammond, age 44, of Manlius, New York, was arrested yesterday and charged with distributing 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 New York State Police Superintendent Keith Corlett.
According to the criminal complaint, Hammond, a registered sex offender who was convicted in 1996 of attempted sexual abuse in the first degree distributed an image of child pornography over the internet. A subsequent search of Hammond’s cellular telephone revealed that he also possessed over 400 images of child pornography.
The charge against Hammond 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.
Hammond made his initial appearance today before Magistrate Judge Andrew T. Baxter 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 Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), with assistance from the Onondaga County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Utica Man Sentenced to 20 Years for Sexual Exploitation of a Child and Distributing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Aaron Bohannon, age 53, of Utica, New York was sentenced to 20 years imprisonment and a lifetime term of supervised release for his convictions for sexually exploiting a child and distributing child pornography, announced 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 previously entered guilty plea, Bohannon admitted that he sexually exploited his victim from at least 2018 through June of 2019, recorded the abuse, and distributed the sexually explicit material to others. Bohannon also admitted that he distributed other sexually explicit images and videos of minors. Upon release from prison, Bohannon will be required to register as a sex offender.
This case was investigated by the New York State Police, the Oneida County Sheriff’s Office, the Utica Police Department, and the Department of Homeland Security, Homeland Security Investigations (HSI) and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
U.S. Department of Justice Charges New Defendant in Lockerbie Terror Bombing CaseRead the Press Release
ALBANY, NEW YORK – Today the U.S. Department of Justice unsealed a criminal complaint charging Libyan citizen Abu Agila Mohhamad Masud for his role in building the bomb that destroyed Pan Am Flight 103 and resulted in the murder of 270 people, announced United States Attorney General William Barr.
The victims who perished in the bombing of Pan Am Flight 103 over Scotland on December 21, 1988 totaled 259 passengers and air crew, along with 11 residents of the village of Lockerbie. Thirty-five of the passengers who lost their lives were Syracuse University Students returning home from study abroad programs, and several others had ties to upstate New York.
“We have a special responsibility to support the families of loved ones who lost their lives in this cowardly and vicious act of terrorism,” said Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York. “Because so many were students from Syracuse University, or people with close ties to this district, we will provide support and assistance to their loved ones as the case moves forward in United States District Court for the District of Columbia. Our office will work closely with the Department of Justice, the United States Attorney’s Office for the District of Columbia, and the FBI, to be a resource for them in the days ahead. Our commitment to do so endures beyond the passing of years.”
Saratoga Springs Man Charged with COVID-19 Relief Unemployment Insurance FraudRead the Press Release
ALBANY, NEW YORK – Markhwan Berning, age 36, of Saratoga Springs, New York, was arraigned Friday on an indictment charging him with false representation of a social security number.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Michael C. Mikulka, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (DOL-OIG).
According to the indictment, between May and July 2020, Berning obtained unemployment insurance benefits, including newly created federal pandemic-related benefits, by falsely representing to the New York State Department of Labor a fake social security number as his own. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Berning faces a maximum of 5 years in prison, a term of supervised release of up to 3 years, and a maximum $250,000 fine. 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.
Berning appeared on Friday before United States Magistrate Judge Christian F. Hummel, and was ordered released with conditions.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. The CARES Act created, among other unemployment insurance benefits, a new temporary federal program called the Federal Pandemic Unemployment Compensation program (FPUC) that provided an additional $600 weekly benefit to those eligible for regular unemployment insurance benefits.
The case is being investigated by DOL-OIG, with assistance from the Federal Bureau of Investigation and New York State Department of Labor, Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
This case is being investigated as part of the Department of Justice’s COVID Fraud Task Force. To learn more about the Department’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. The public is urged to report suspected fraud schemes related to COVID-19 to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at: www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
Two Albany Men Arrested on Heroin and Fentanyl ChargeRead the Press Release
ALBANY, NEW YORK – David Colon, age 39, and Adalberto Gonzalez, age 56, both of Albany, were ordered detained yesterday after being arrested on Tuesday and charged with possession with the intent to distribute heroin laced with fentanyl.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
Both Colon and Gonzalez appeared yesterday before United States Magistrate Judge Christian F. Hummel and were ordered detained pending trial. The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The charges filed against Colon and Gonzalez carry a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the DEA, Albany County Sheriff’s Office, Albany Police Department, Colonie Police Department, and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.
Syracuse Postal Carrier Charged with Discarding MailRead the Press Release
SYRACUSE, NEW YORK – Tanner Brown, 24, of Sharon Springs, New York, has been charged by indictment with one felony count of detaining and delaying U.S. 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.
Brown was arraigned today in federal court in Syracuse, before United States Magistrate Judge Thérèse Wiley Dancks and was released pending a jury trial to be scheduled in the future. The indictment alleges that Brown, while working as an employee of the United States Postal Service, detained and delayed mail intended for delivery between January 1, 2019, through July 24, 2019, in Onondaga County, New York.
The charge filed against Brown carries a maximum sentence of five years in prison, a fine of up to $250,000, and a term of supervised release of up to three years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the United States Postal Service-Office of Inspector General, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Acting U.S. Attorney Bacon Announces Partnership with Special Inspector General for Pandemic RecoveryRead the Press Release
ALBANY, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that her office has entered into a Memorandum of Understanding (MOU) with Special Inspector General Brian D. Miller of the Office of the Special Inspector General for Pandemic Recovery (SIGPR), regarding the investigation and prosecution of fraud relating to CARES Act funding.
Acting U.S. Attorney Antoinette T. Bacon stated: “This partnership is part of our effort to investigate and prosecute the fraudsters who have stolen from government-backed relief programs during the coronavirus pandemic. We look forward to working with SIGPR to prosecute bad actors, deter further fraud, and recover ill-gotten gains.”
Special Inspector General Brian D. Miller stated: “We will work with the U.S. Attorney’s Office for the Northern District of New York to hold accountable and bring to justice those who improperly take or use taxpayer dollars meant to support the Nation’s economic health and recovery.”
The Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 created SIGPR to investigate the spending of government funds meant to provide economic relief to people and businesses impacted by the coronavirus pandemic.
The MOU will allow the U.S. Attorney’s Office and SIGPR to enhance their cooperative efforts in investigating and prosecuting matters involving loans, loan guarantees and other investments made by the Secretary of the Treasury under the CARES Act.
The MOU outlines four objectives: 1) to provide a coordinated response to CARES Act funding fraud, with an emphasis on organized criminal activity, as well as criminal and civil fraud affecting federal money, vulnerable victims, and fraud recidivists; 2) to speed up legal process, case intake, and prosecution of CARES Act-related fraud; 3) to link and associate isolated CARES Act-related complaints with larger schemes and related, unlawful activity; and 4) to deter future CARES Act funding fraud by increasing awareness of successful criminal prosecutions and civil enforcement actions against individuals and companies involved in CARES-related financial fraud.
As part of the MOU, the U.S. Attorney’s Office will designate two Assistant United States Attorneys – one from the Criminal Division and one from the Civil Division – to serve as liaisons for the partnership.
Troy Felon Sentenced to 51 Months for Illegally Possessing FirearmRead the Press Release
ALBANY, NEW YORK – Joshua Vega, age 28, of Troy, New York, was sentenced yesterday to 51 months in prison for possessing a firearm and ammunition as a felon.
The announcement was made by 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).
Vega, who has a 2014 felony conviction for criminal sale of a controlled substance (heroin), previously admitted that on April 14, 2018, he possessed a loaded firearm located in his apartment in Troy.
Senior United States District Judge Norman A. Mordue also sentenced Vega to a 3-year term of supervised release, to begin following his term of imprisonment.
This case was investigated by the FBI Capital District Safe Streets Gang Task Force and the Troy Police Department, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.
Rochester Man Sentenced to 87 Months for Role in Schenectady County Gun Store BurglaryRead the Press Release
ALBANY, NEW YORK – Juan Saez, age 38, of Rochester, New York, was sentenced to serve 87 months in prison for receiving, possessing and storing firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.
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 Norman A. Mordue also sentenced Saez to a 3-year term of supervised release and ordered that he pay restitution of $48,775.47.
Saez, already a felon for a 2014 drug offense, pled guilty on May 7, 2018. As part of his plea, Saez admitted that on October 24, 2017, he traveled from Rochester to Amsterdam, New York, to meet Christian Roman and Jose Fontanez, who were on the run from law enforcement and hiding out with Omar DeJesus after stealing more than 60 firearms from Target Sports. Saez agreed to help, and did help, Roman and Fontanez travel to Rochester, along with most of the stolen firearms. After arriving in Rochester, Saez helped Roman and Fontanez avoid law enforcement and hide or sell the stolen firearms.
Christian Roman, age 25, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges. He was sentenced to 150 months in prison.
Jose Fontanez, age 38, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges. He was sentenced to 135 months in prison.
Omar DeJesus, age 32, and Onic Martinez, age 34, both of Amsterdam, pled guilty in 2018 for their respective roles in stealing, transporting, and possessing the firearms. Both men were sentenced to 120 months in prison.
Dalmary Morales, age 24, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports. She was sentenced to 57 months in prison.
This case was investigated by the ATF, New York State Police, and the Glenville Police Department, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Mexican Citizen Arrested for SmugglingRead the Press Release
PLATTSBURGH, NEW YORK – Mario Flores-Arias, age 32, and a citizen of Mexico, was arrested on December 5 and charged by criminal complaint with 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.
The criminal complaint alleges that Flores-Arias was arrested while transporting three foreign nationals who had illegally crossed into the United States through the woods near Chateaugay, New York. Border Patrol Agents stopped Flores-Arias’s vehicle and detained the occupants.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Flores-Arias appeared before United Magistrate Judge Gary L. Favro on December 8 and was ordered detained pending trial.
If convicted, Flores-Arias faces up to 5 years in prison. The three occupants of the vehicle, all citizens of Vietnam, were found to be illegally present in the United States. They were detained and expelled to Canada.
This case is being investigated by United States Border Patrol and prosecuted by Assistant U.S. Attorney Jeffrey Stitt.
Utica Man Arrested for Distributing MDMA, Methamphetamine, and XanaxRead the Press Release
SYRACUSE, NEW YORK – Ryan Orts, age 31, of Utica, New York, appeared today in federal court on an indictment charging him with distributing ecstasy (MDMA), methamphetamine, and Xanax, announced Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
The charge filed against Orts carries a maximum sentence of 20 years in prison, a fine of up to $1,000,000, and a term of supervised release of at least three years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Orts was arraigned today before United States Magistrate Judge Andrew T. Baxter, and released pending trial before Chief United States District Court Judge Glenn T. Suddaby.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by Homeland Security Investigations, the United States Postal Inspection Service, and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.
Syracuse Man Pleads Guilty to Brokering Illegal Gun SalesRead the Press Release
SYRACUSE, NEW YORK – Daniel Morales, 36, of Syracuse pled guilty yesterday to causing the sale of firearms and ammunition to a convicted felon, announced Acting United States Attorney Antoinette T. Bacon, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Kenton Buckner, City of Syracuse Police Department.
In pleading guilty yesterday Daniel Morales admitted that he acted as a middleman in the sale of 13 firearms and ammunition recovered in a joint investigation conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department. The investigation in late 2018 and early 2019 included undercover purchases of stolen firearms, fully automatic weapons, illegally short-barreled rifles, and non-commercially fabricated “ghost guns” (pistols and rifles). Morales brokered a series of undercover firearms sales in Syracuse and Solvay from sellers Luis Matos, and later Jovaun Clark. During these sales, Morales connected the illegal firearms sellers with the undercover buyer for a fee paid in cash. The sales of the firearms included:
- one (1) Ruger, model 10-22RB Carbine rifle, caliber .22LR
- one (1) Marlin, model 1894 Carbine rifle, .357 caliber
- one (1) Marlin, model 1894 Carbine rifle, .357 caliber
- one (1) stolen Gristmill MFG, Valley Arms model XM177ES, .223/.556 caliber rifle with illegally short barrel
- one (1) grey and black P80, unserialized 9mm caliber “ghost gun” pistol
- one (1) black P80, un-serialized .40 caliber “ghost gun” pistol
- one (1) grey and black P80, unserialized .40 caliber “ghost” gun pistol with a threaded barrel
- one (1) fully automatic tan and black P80, un-serialized .40 caliber “ghost gun” pistol
- one stolen (1) Ruger, model Mini-Thirty, 7.62 caliber rifle
- one (1) grey and black rifle bearing no make, model or serial number, .223 caliber, with an illegally short-barrel
- one (1) fully automatic grey and black P80 9mm caliber unserialized “ghost gun” pistol
- one (1) Smith and Wesson, model 5906 9mm pistol
- one (1) black and tan semiautomatic pistol with extendable grip, caliber 5.56 x 45 mm, bearing no serial number.
Luis Matos pled guilty to being a felon in possession of firearms and was sentenced on July 28, 2020, to serve 60-months in federal prison, followed by a 3-year term of supervised release.
Jovaun Clark is charged in a pending indictment with several firearms offenses. The charges in the indictment are merely accusations and he is innocent until or unless proven guilty
This case was investigated by The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department-Special Investigations Division, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
Schenectady Man Sentenced to 120 Months for Crack Cocaine DistributionRead the Press Release
ALBANY, NEW YORK – Robert J. Chaires, age 40, of Schenectady, New York, was sentenced today to 120 months in prison for twice distributing crack cocaine in 2017.
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). Chaires admitted that on January 20, 2017 and again on March 2, 2017, he sold more than 28 grams of cocaine base (a/k/a crack cocaine) to a buyer in Schenectady.
Senior United States District Judge Frederick J. Scullin, Jr. also sentenced Chaires to 4 years of supervised release, to begin after his term of imprisonment.
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 Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Westchester Man Arrested in Menands on Child Enticement ChargeRead the Press Release
ALBANY, NEW YORK – Dean Picariello, age 30, of Valhalla, New York, was arrested yesterday and charged with attempting to entice or coerce 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).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The criminal complaint alleges that, on November 4, 2020, Picariello initiated a conversation with an undercover police officer posing as a 12-year-old girl in a teen chat group on a popular social media messaging application. Picariello engaged in sexually explicit conversation with the undercover officer, graphically describing the sex acts he would perform on the 12-year-old child when they met in person. In late November, Picariello began exchanging sexually explicit text messages with a second undercover officer posing as the 12-year-old girl’s younger cousin. On December 3, 2020, Picariello arranged to travel from Valhalla to Menands, to meet and have sex with the cousins. When Picariello arrived at the prearranged meeting location in Menands, he was encountered by law enforcement officers and arrested.
Picariello appeared today before United States Magistrate Judge Christian F. Hummel. Picariello will remain detained pending trial.
The charge against Picariello carries a sentence of at least 10 years and up to life in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. If convicted, Picariello would also have to register as a sex offender.
This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant United States Attorney Rachel Williams.
Anyone with information about this defendant is encouraged to contact the FBI Albany Field Office at (518) 465-7551.
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/.
110 Gang Members Sentenced to Decades in Federal PrisonRead the Press Release
SYRACUSE, NEW YORK – Jamar Long, 25, and Reddell Smith, 35, both of Syracuse, were sentenced today to serve 210 months (Long), and 78 months (Smith), respectively, in federal prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO), 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 Syracuse Police Chief Kenton Buckner. Senior United State District Judge Frederick J. Scullin, Jr. also ordered Long and Smith to serve three years of supervised release following their terms of incarceration.
During his guilty plea, Long admitted to driving a car from which co-defendant and fellow 110 Gang member Anthony Hopper fired multiple shots at an individual in October 2014 – identified in the indictment as “Victim-3” – which caused that individual to lose control of his car, crash into a tree, and die. A federal jury found Anthony Hopper guilty of RICO violations, including Victim 3’s death, following a trial in October 2019. Long also admitted to selling drugs in 110 Gang territory. In imposing sentence, Senior Judge Scullin found that Long had possessed weapons and committed other acts of violence on behalf of the gang.
During his guilty plea, Smith admitted to stabbing another individual in December 2017 while with co-defendant and fellow 110 Gang member Damani Prince. Smith also admitted to selling crack cocaine in 110 Gang territory during 2017. Smith was previously convicted in 2011 of RICO violations, based on his membership in the 110 Gang. Smith was also sentenced today to serve an additional 13 months in prison for violating the terms of his supervised release on the 2011 RICO conviction.
Long and Smith were among fourteen defendants charged in the case. All of the defendants have either pleaded guilty or been convicted following trial. Previously sentenced 110 Gang RICO defendants in this case include:
- Anthony Hopper was sentenced to 385 months in prison, followed by a 5-year term of supervised release;
- Damani Prince was sentenced to 78 months in prison, followed by a 3-year term of supervised release;
- Rashawn Wynn was sentenced to 92 months in prison, followed by a 3-year term of supervised release;
- Davon Sullivan was sentenced to 68 months in prison, followed by a 3-year term of supervised release;
- Qualik Vaughn was sentenced to 68 months in prison, followed by a 3-year term of supervised release;
- Jason Lebron was sentenced to 92 months in prison, followed by a 3-year term of supervised release;
- Javon Peterson was sentenced to 98 months in prison, followed by a 3-year term of supervised release;
- Daquan Dowdell was sentenced to 120 months in prison, followed by a 3-year term of supervised release;
- Terry Linen was sentenced to 110 months in prison, followed by a 3-year term of supervised release;
- Deshawnte Waller was sentenced to 80 months in prison, followed by a 3-year term of supervised release; and
- Kemnorris Kinsey was sentenced to 150 months in prison, followed by a 3-year term of supervised release.
This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.
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.
Syracuse-Area Brothers Sentenced to Prison for Conspiracy to Traffic in Contraband Cigarettes and Money LaunderingRead the Press Release
SYRACUSE, NEW YORK – Jamal Hassan, age 42, of Liverpool and Saddam Hassan, age 39, of East Syracuse were sentenced yesterday for conspiring to traffic in contraband cigarettes. Jamal Hassan was also sentenced yesterday for his guilty plea to one count of conspiracy to commit money laundering. The announcement was made by Acting United States Antoinette T. Bacon, Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), Jonathan D. Larsen, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI)-New York Field Division, Commissioner Michael R. Schmidt, New York State Department of Taxation and Finance, Chief Terence A. Monahan, New York City Police Department, and Chief Kenton Buckner, City of Syracuse Police Department
Senior Judge Norman A. Mordue sentenced Jamal Hassan to serve 30-months in prison and ordered a three-year term of supervised release to follow. Senior Judge Mordue sentenced Saddam Hassan to serve 24- months in prison and a three-year term of supervised release. Senior Judge Mordue ordered both defendants to pay $1,117,080 in restitution to New York State, which represents the tax loss from the sale of the contraband cigarettes. Additionally, the court imposed a $400,000 money judgment against both defendants.
In pleading guilty the Hassan brothers admitted that they conspired to possess, sell, distribute, and purchase over 5 million contraband cigarettes. During searches at their residence and at a storage facility rented by Jamal Hassan and used by Saddam Hassan, law enforcement officers seized over 250,000 contraband cigarettes and over 760 counterfeit New York State tax stamps. The Hassan brothers further admitted that they sold contraband cigarettes to markets and deli stores in the Syracuse area resulting in a loss of tax revenue to New York State in the amount of $1,117,080.
This case was investigated by Homeland Security Investigation (HSI) Buffalo Field Office; Internal Revenue Service-Criminal Investigation; the New York City Police Department (Intelligence Bureau-Strategic Intelligence Unit); the New York State Department of Taxation and Finance; the Oswego County Drug Task Force; and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Tamara B. Thomson.
Department of Justice Launches Money Mule Initiative #DontBeAMuleRead the Press Release
ALBANY, NEW YORK – Acting U.S. Attorney Antoinette T. Bacon announced today her office’s participation in a nationwide Money Mule Initiative, a coordinated operation to disrupt the networks through which transnational fraudsters move the proceeds of their crimes. Money mules are people who assist fraudsters by collecting money from victims of fraud and forwarding it to the fraud organizers, many of whom are located overseas. Some money mules know they are helping fraudsters, but others are unaware that their actions enable fraudsters’ efforts to swindle money from consumers, businesses, and government unemployment funds.
Acting U.S. Attorney Antoinette T. Bacon stated: “It is critical for everyone to understand how criminals use “money mules” so that they can protect themselves and their loved ones from getting caught up in illegal activity. Sadly, the criminals often target our most vulnerable and lonely, particularly the elderly. We all need to work together to keep our community safe. Please be aware and think twice if you, your loved one, or neighbor is approached.”
In addition to criminal investigations, the agencies participating in the Money Mule Initiative and community partners are undertaking an outreach campaign to increase awareness of how fraudsters use and recruit money mules. Through our Elder Justice Coordinators, Shira Hoffman and Christopher Moran, our office will be reaching out to our communities to educate the public about money mules.
To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit https://www.justice.gov/civil/consumer-protection-branch/money-mule-initiative
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
Additional information is available in the attached “Money Mule” document. Please distribute in every way possible.
Delaware County Man Pleads Guilty to Child Pornography OffensesRead the Press Release
SYRACUSE, NEW YORK – Daniel Miller, 26, of Stamford, New York, pled guilty today to two counts of transportation of child pornography 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).
Miller was previously convicted of Promoting an Obscene Sexual Performance by a Child in 2015 as well as First Degree Sexual Assault and Endangering the Welfare of a Child in 2017. As part of his guilty plea today, Miller admitted that, on August 11 and August 14 of 2017, while on probation related to his 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.
Sentencing is scheduled for March 24, 2021, before Hon. Thomas J. McAvoy in Binghamton, New York, at which time Miller faces a minimum sentence of 15 years, with a maximum of up to 40 years in prison on each count, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. Miller 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 Federal Bureau of Investigation (FBI), the Delaware County Sheriff’s Office, and the Delaware County Probation Office and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare and Special Assistant U.S. Attorney Adrian S. LaRochelle.
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.
Canadian Man Sentenced to 68 Months for $1.25 Million FraudRead the Press Release
SYRACUSE, NEW YORK – Ivan Chernev, age 51, and a citizen of Canada and Bulgaria, was sentenced today to 68 months in prison for a fraudulent scheme that targeted small businesses, medical providers and schools across the country.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service; and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea on June 26, 2020, Chernev admitted that he and two co-conspirators stole at least $1.25 million from over 1,300 small businesses, medical providers and schools by claiming that the victims owed money for online directory listings that the defendant and his co-conspirators purported to have provided through companies that they created. Chernev admitted that he and his co-conspirators sent false invoices to the victims indicating that they had ordered these online advertising services when no such services had ever been ordered or received. When the victims failed to pay the invoices, Chernev and his co-conspirators sent them fake collections notices. The invoices and collections notices directed the victims to mail checks to various addresses throughout the United States, which were simply Post Office boxes that Chernev and his co-conspirators rented in the names of their companies. The checks were then forwarded to Chernev and his co-conspirators in Quebec, Canada.
Senior United States District Judge Frederick J. Scullin, Jr. also ordered Chernev to pay restitution to his victims, pay a money judgment in the amount of $1.25 million, and serve 3 years of post-imprisonment supervised release.
This case was investigated by the United States Postal Inspection Service, Homeland Security Investigations, and the Royal Canadian Mounted Police, with assistance from the Federal Trade Commission. It was prosecuted by Assistant U.S. Attorney Katherine Kopita. Chernev was extradited from Italy to the United States in November 2019 with assistance from the Department of Justice Office of International Affairs.
Tioga County Man Pleads Guilty to Attempted Online Enticement of MinorRead the Press Release
BINGHAMTON, NEW YORK - Jacob Gorman, age 39, of Waverly, New York, pled guilty today to attempted online enticement of a minor. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea Gorman admitted that between August 11, 2020 and August 27, 2020, he exchanged text messages with an undercover officer he believed was the mother of a 9-year old girl. In those messages, Gorman expressed an interest in meeting the child and engaging in sex acts with her. Gorman negotiated a price he was willing to pay to engage in sex acts with the child and on August 27, 2020, drove to a pre-determined location in Broome County to meet and have sex with the child. Gorman was then encountered by law enforcement and arrested.
As a result of his conviction, Gorman faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, a maximum fine of $250,000, and a term of supervised release of between five years and life. He will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Sentencing is scheduled for March 23, 2021 before Senior United States District Judge Thomas J. McAvoy.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Troy Man Sentenced to 75 Months on Drug and Gun ConvictionsRead the Press Release
ALBANY, NEW YORK - Dyshawn Fisher, age 25, of Troy, New York, was sentenced last week to 75 months in prison for possessing and intending to distribute marijuana, possessing a firearm as a felon, and possessing a firearm in furtherance of a drug trafficking crime.
The announcement was made by 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).
Fisher, who has a prior felony conviction for attempted burglary, admitted that on June 5, 2018, while distributing marijuana out of a residence in Troy, he fired multiple shots down the street in order to protect his marijuana distribution operation. Fisher further admitted to possessing and intending to sell the marijuana that was recovered from inside the residence.
Senior United States District Judge Gary L. Sharpe also sentenced Fisher to a 5-year term of supervised release, to begin following his term of imprisonment.
This case was being investigated by the FBI and prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.
Five Arrested for Drug DistributionRead the Press Release
ALBANY, NEW YORK – Garrick Bailey, age 29, Chavon Sutton, age 30, Timothy Kingsland, age 56, and Tracey Kingsland, age 48, all of Schenectady, New York, and Christina Altieri, age 46, of Clifton Park, New York, were arrested last week and charged by criminal complaint with drug crimes. Sutton is charged with distributing cocaine base (a/k/a crack cocaine) and heroin. The other four defendants are charged with distributing cocaine base. The alleged conduct occurred between September 15 and November 17, 2020.
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).
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty. The defendants initially appeared in court on November 24, 2020 before United States Magistrate Judge Daniel J. Stewart. Following detention hearings, Bailey and Sutton were ordered detained pending trial, and Timothy Kingsland, Tracey Kingsland and Christina Altieri were ordered released on conditions.
If convicted, Bailey faces at least 10 years and up to life in prison, and a term of post-release supervision of at least 8 years and up to life. The remaining defendants each face sentences of 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.
The arrests and investigation are the culmination of a multi-agency investigation conducted by the ATF, the New York State Police, the Schenectady Police Department, the Albany Police Department, the Albany County Sheriff’s Office, the Rotterdam Police Department, and the United States Marshals Service.
The cases are being prosecuted by Assistant U.S. Attorney Robert A. Sharpe.
Bronx Man Admits Trafficking a Kilogram of Heroin to PlattsburghRead the Press Release
UTICA, NEW YORK – Guisseppi Osorio, age 27, of the Bronx, New York, pled guilty yesterday to possessing and intending to distribute a kilogram of heroin.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; and New York State Police Superintendent Keith Corlett.
Osorio admitted that on February 11, 2020, he hid 1,006 grams of heroin in the rear quarter panel of a vehicle. Once in Peru, New York, Osorio and his co-defendant driver, Alcibiades Fernandez-Nunez, were pulled over by the New York State Police. A subsequent search of the vehicle resulted in the police finding the heroin that the pair intended to distribute in Plattsburgh.
Osorio faces at least 10 years and up to life in prison, and at least 5 years of post-imprisonment supervised release, when United States District Judge David N. Hurd sentences him on March 18, 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.
Fernandez-Nunez pled guilty to the same charge on August 13, 2020 and is scheduled to be sentenced on February 10, 2021.
The case was investigated by the DEA, with assistance from the New York States Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Schenectady County Man Sentenced to 40 Years for Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – Robert Kirk, age 37, of Schenectady, New York, was sentenced today to 40 years in prison for sexually exploiting a child, and distributing and 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).
Kirk previously admitted that on two occasions in July 2018, he used a sleeping child to create sexually explicit images and videos on his phone, including videos and images of himself touching the vagina of the minor over clothing and of the minor’s unclothed vaginal area. Kirk also admitted to distributing child pornography, including an image of the minor, as well as images depicting other children, over a group messaging application, and to possessing hundreds of images of child pornography.
Senior United States District Judge Norman A. Mordue also sentenced Kirk to a 25-year term of supervised released, to begin following his term of imprisonment.
This case was investigated by HSI, with assistance from the New York State Police, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
This 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 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.
U.S. Attorney’s Office Receives Funding to Hire Prosecutor Dedicated to Pursuing Unemployment Insurance FraudRead the Press Release
ALBANY, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that the U.S. Attorney’s Office for the Northern District of New York has been allocated funding to hire a prosecutor, for a one-year term, who will focus on cases involving fraudulent schemes to unlawfully obtain unemployment insurance (UI) benefits, and related offenses.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 allocated $270 billion for supplemental federal UI benefits. Additionally, President Trump directed that $44 billion in federal Disaster Relief Funds be used to provide supplemental UI benefits to eligible claimants. The substantial increase in funding for UI benefits spurred a dramatic spike in UI fraud across the country, resulting in the theft of federal funds intended to help those struggling with unemployment during the current pandemic and economic crisis.
Acting U.S. Attorney Antoinette T. Bacon stated: “We are grateful for the creation of this additional Assistant U.S. Attorney position, which will add to our existing efforts to prosecute, prevent and deter the torrent of unemployment insurance fraud that we have seen since the pandemic started. These investigations are complex – in some instances, involving thousands of unemployment claims filed in the names of people whose identities have been stolen – and often involve organized fraud rings based overseas. The Department of Justice, along with its federal and state partners, is aggressively pursuing these pernicious frauds that target programs created for people struggling with the economic effects of the coronavirus pandemic.”
The Department of Justice, in close coordination with the U.S. Department of Labor and other federal agencies, created the U.S. Department of Justice National Unemployment Insurance Fraud Task Force. This task force is charged with investigating numerous CARES Act fraud schemes targeting the unemployment insurance programs of state workforce agencies and will work closely with United States Attorney’s’ offices to prosecute those individuals who have fraudulently diverted these funds from those struggling with unemployment.
The Department encourages the public to report suspected fraud schemes related to COVID-19 to the National Center for Disaster Fraud (NCDF) hotline by phone (1-866-720-5721) or via an online reporting form available at https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form
Onondaga County Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Ryan Maher, age 34, of Cicero, New York, was arrested yesterday and charged 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 New York State Police Superintendent Keith Corlett.
According to the criminal complaint filed yesterday, Maher, a registered sex offender who was convicted in 2012 of sexual abuse in the second degree – sexual contact with a person less than 14 years old – acquired approximately 4000 images of child pornography on the internet and saved that material to a thumb drive.
The charge against Maher 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.
Maher made his initial appearance yesterday before Magistrate Judge Thérèse Wiley Dancks 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 Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and is being prosecuted by Assistant U.S. Attorney 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.
Franklin County Man Sentenced to 90 Months for Role in Drug Trafficking ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Troy Lyons, age 33, of Hogansburg, New York, was sentenced today to serve 90 months in prison, to be followed by four years of supervised release, based on his conviction for membership in a federal drug trafficking conspiracy, announced Acting United States Attorney Antoinette T. Bacon, Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), Chief Kenton Buckner, City of Syracuse Police Department, and Investigator C.J. Tonkin, Coordinator for the Oswego County Drug Task Force.
As part of his guilty plea, Lyons admitted to conspiring with two other individuals to transport approximately fifty (50) kilograms of cocaine from California to Canada. Lyons arranged for a courier to transport the cocaine from California to Syracuse, New York, and for another courier to transport the cocaine from Syracuse to Canada. Law enforcement officers seized the drugs on February 10, 2018, when one of the couriers was stopped in Syracuse
This case was investigated by Homeland Security Investigations, U.S. Internal Revenue Service- Criminal Investigation (IRS-CI), United States Border Patrol, the Oswego County Drug Task Force, the Oswego County Sheriff’s Department, the City of Oswego Police Department, the Oneida Reservation Police and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Former Resident of Canastota Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
SYRACUSE, NEW YORK – John Flinn, age 26, formerly of Canastota, New York, pled guilty yesterday to one count of sexual exploitation of a child, announced Acting United States Attorney Antoinette T. Bacon, Special Agent in Charge Kevin Kelly, Homeland Security Investigations (HSI), Buffalo, New York, Special Agent in Charge Kevin D. Sibley, Homeland Security Investigations (HSI) Tampa, Florida, and New York State Police Superintendent Keith Corlett.
Sentencing is scheduled for March 16, 2021, at which time Flinn faces a minimum of 15 years and up to 30 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. Flinn also will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.
As part of his guilty plea, Flinn admitted that he took sexually explicit images of an approximately six-year-old victim on three different occasions. Flinn also admitted that he possessed other images of child pornography, including images of toddlers, and images depicting the sadistic and masochistic sexual abuse of children.
This case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (Syracuse, New York and Tampa, Florida), and the New York State Police, and is being prosecuted by Assistant U.S. 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 Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Troy Man Pleads Guilty to Drug and Gun CrimesRead the Press Release
ALBANY, NEW YORK – Jean Luis Colon, age 23, of Troy, New York, pled guilty today to possessing and intending to distribute heroin, and to possessing a firearm with an altered serial number.
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 Field Division.
Colon admitted that he possessed approximately 2,050 small bags of heroin that he intended to sell, which law enforcement seized when they executed a search warrant on his residence on August 21, 2020. Some of the heroin bags were stamped with the words “Corona Virus,” according to a criminal complaint previously filed in the case. Colon also admitted to possessing a .38 caliber Smith and Wesson revolver with a scratched serial number.
Colon, who has been in custody since his arrest on August 21, faces up to 25 years in prison, and at least 3 years of post-imprisonment supervised release, when Chief United States District Judge Glenn T. Suddaby sentences him on April 22, 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 prosecution was the result of a joint investigation by the DEA, Troy Police Department, the New York State Police Special Investigations Unit, and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett with assistance from the Rensselaer County District Attorney's Office.