Northern District of New York
Press releases recorded for this federal judicial district.
Plattsburgh Man Sentenced to 60 Months for Cocaine TraffickingRead the Press Release
ALBANY, NEW YORK – Nathan A. Hart, age 25, of Plattsburgh, New York, was sentenced today to 60 months in prison for cocaine trafficking.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office.
As part of his guilty plea on February 11, 2020, Hart admitted that from February 14, 2017 through June 3, 2019, he worked with a drug trafficking organization that trafficked cocaine from Massachusetts to the Plattsburgh area for distribution. During his involvement in the conspiracy, Hart admitted to selling approximately 1.5 kilograms of cocaine.
Chief United States District Court Judge Glenn T. Suddaby also sentenced Hart to a 4-year term of supervised release, to begin following his term of imprisonment.
This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Douglas Collyer.
Troy Man Sentenced to 125 Months for Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – Jake Alexander Cruse, age 33, of Troy, New York, was sentenced today to serve 125 months in prison for distributing, transporting and receiving 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).
Cruse pled guilty on March 10, 2020. As part of his guilty plea, Cruse admitted that, between July and October 2018, he used phone-based messaging and file-sharing applications to trade child pornography with others. Cruse admitted to creating multiple fake social media accounts for the purposes of making money selling child pornography and trading for additional child pornography files. Cruse’s phone and various online accounts contained approximately 120 video files and 234 image files depicting the sexual exploitation of children.
United States District Judge Mae A. D’Agostino also sentenced Cruse to a 15-year term of supervised release, to begin following his term of imprisonment, and ordered him to pay $3,000 in restitution to one of the victims depicted in the materials he possessed. Cruse will also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI’s Child Exploitation Task Force, with assistance from the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
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.
Montreal Man Sentenced for Importing MarijuanaRead the Press Release
ALBANY, NEW YORK – Mihale Leventis, a/k/a “Rookie,” a/k/a “Big Mike,” age 44, of Montreal, Canada, was sentenced today to time served (nearly 8 years in prison) for importing marijuana into the United States.
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.
As part of his guilty plea on September 29, 2020, Leventis admitted that he worked with a drug trafficking organization in Quebec to import marijuana into the United States through the Northern District of New York and elsewhere. Leventis transported marijuana from locations in Quebec to the border, where his coconspirators smuggled it into the United States. Leventis served most of his prison sentence in Canada while awaiting extradition to the United States.
This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Katherine Kopita. Leventis was extradited to the United States in September 2020 with assistance from the Department of Justice’s Office of International Affairs.
Syracuse Resident Sentenced to Nine Years for Drug Conspiracy and DistributionRead the Press Release
SYRACUSE, NEW YORK - Isidro De Los Santos, age 33, a citizen of the Dominican Republic residing in Syracuse, was sentenced today to serve nine years (108 months) in federal prison for his convictions for conspiracy to distribute and possess with intent to distribute, and distribution of heroin, fentanyl, acetyl fentanyl, and cocaine, announced Acting United States Attorney Antoinette T. Bacon, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, and Chief Kenton Buckner, City of Syracuse Police Department.
As part of his previous guilty plea, De Los Santos admitted that he conspired with others to possess with intent to distribute and distribute heroin, fentanyl, acetyl fentanyl, and cocaine from a location on Syracuse’s west side. In pleading guilty, De Los Santos admitted that on six (6) occasions between December 2018, and January 2019, he and co-conspirator Anthony Moreno sold drugs during an undercover operation conducted by ATF, DEA, and the Syracuse Police Department. On January 31, 2019, ATF Agents assisted by DEA and the Syracuse Police Department Special Investigations Division, executed a federal search warrant at Isidro De Los Santos’s residence and recovered over twenty-one ounces (608 grams) of heroin mixed with fentanyl in two packages. A federal search warrant executed at the adjacent apartment of Anthony Moreno on the same day resulted in the seizure of over 18 ounces (521grams) of cocaine. Anthony Moreno pled guilty and is awaiting sentencing.
Isidro De Los Santos was also sentenced to serve a five (5) year term of supervised release after he is released from prison and ordered to forfeit $15,740.00. He faces separate civil proceedings in Immigration Court concerning his removal from the United States to the Dominican Republic.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Drug Enforcement Administration (DEA), and the Syracuse Police Department-Special Investigations Division, and was prosecuted by Assistant U.S. Attorney Richard Southwick.
Lewis County Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Randell Adsit, age 49, of Martinsburg, 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 complaint, Adsit, who was convicted in 2008 of possessing a sexual performance by a child less than 16 years old, used multiple usernames on a social media application to trade child pornography with other people over the internet. Due to his prior conviction, Adsit is required to register as a sex offender, and would also be required to do so if convicted of the charge alleged in the complaint.
The charge filed against Adsit 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 particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Adsit 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 was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), 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.
Albany Man Sentenced to 241 Months for Armed Bank RobberiesRead the Press Release
ALBANY, NEW YORK - Christopher J. Cohn, a/k/a “Wolf,” age 27, of Albany, was sentenced today to serve 241 months in prison for two armed bank robberies he committed in February 2019.
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); Keith M. Corlett, Superintendent of the New York State Police; Chief Eric Hawkins of the Albany Police Department; and Chief David M. Keevern of the Town of North Greenbush Police Department.
Senior United States District Judge Lawrence E. Kahn also ordered Cohn to serve a 5-year term of supervised release following his term of incarceration, and to pay $193,863.57 in restitution to his victims. Cohn was also ordered to forfeit $14,954 in recovered proceeds and $150,570 in unrecovered proceeds of the robberies.
Acting U.S. Attorney Antoinette T. Bacon stated: “Christopher Cohn inflicted terror on everyone in the banks during the robberies and even fired a shot hitting an employee. Thanks to the tireless efforts of our federal, state, and local law enforcement partners, Cohn will now spend many years in prison. Our community is a safer place now that he has been held accountable for his shocking crimes.”
FBI Special Agent in Charge Thomas F. Relford stated: “Mr. Cohn’s violent crimes terrorized bank employees, customers, and members of our community. The FBI is committed to working with our federal, state, and local law enforcement partners to address violent crimes, including bank robberies, within our communities. This 20+ year sentence should send a clear message to criminals that we will never waiver in our pursuit of justice.”
As part of his March 2020 guilty plea to armed bank robbery, use of a firearm during a crime of violence, and related crimes, Cohn admitted to participating in two armed robberies. On February 6, 2019, Cohn and another man drove to a Trustco Bank branch in Albany, where Cohn declared he was about to “go do this,” meaning that he planned to rob the bank. Cohn and his accomplice then entered the bank wearing ski masks. In the bank, Cohn’s accomplice displayed a gun, and both men threatened to kill the bank’s employees, who surrendered $150,570 to the pair.
Cohn also admitted that on the morning of February 26, 2019, he and the same accomplice entered an M&T Bank branch in North Greenbush, each wearing a ski mask and brandishing a gun. In the course of the robbery, Cohn fired multiple shots, including one that grazed a bank employee. According to court documents, law enforcement tracked Cohn, his accomplice, and their getaway driver to an Albany motel using a GPS device that a bank employee had secretly placed with the stolen money. Cohn was arrested by officers with more than $10,000 in cash and wearing red sneakers matching those depicted in bank surveillance footage. Cohn’s accomplice was arrested in the motel’s lobby, where officers found him with several bags containing approximately $3,800 in cash along with ski masks matching those worn by the robbers.
This case was investigated by the FBI, the New York State Police, the Town of North Greenbush Police Department, and the Albany Police Department, with the assistance of the Albany County Sheriff’s Office and the Rensselaer County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and Wayne A. Myers.
Washington County Woman Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
ALBANY, NEW YORK – April Allen, age 30, of Fort Ann, New York, pled guilty today to conspiring to distribute cocaine. 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.
As part of her guilty plea, Allen admitted that between July 2019 and November 2019, she agreed with another person to distribute cocaine.
Sentencing is scheduled for April 1, 2021, at which time the defendant faces a maximum term of imprisonment of 20 years, a maximum fine of $1 million, and a term of post-imprisonment 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 was investigated by the DEA, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Ulster County Man Pleads Guilty to Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Nicholas Rockwell, age 26, of Hurley, New York, pled guilty today to distributing, receiving, and possessing child pornography.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Rockwell admitted that on October 11, 2019, he used a social media messaging application to send and receive numerous child pornography videos to another man over the Internet. Rockwell also admitted that at the time of his federal arrest on December 19, 2019, he possessed on his iPhone and in two cloud-based storage accounts approximately 281 images and 1,848 videos depicting the sexual exploitation of children.
Sentencing is scheduled for April 1, 2021, before Chief U.S. District Judge Glenn T. Suddaby. Rockwell, who has been ordered detained since his federal arrest, faces a minimum sentence of 5 years in prison, with a maximum of up to 20 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. 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. Rockwell will also be required to register as a sex offender.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Troy Man Charged with Drug and Gun OffensesRead the Press Release
ALBANY, NEW YORK – Sherrod Johnson, a/k/a “Rod,” age 27, of Troy, New York, was indicted last week on multiple drug and firearms offenses.
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 Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.
The indictment alleges that Johnson possessed and intended to distribute heroin on two occasions, first in March 2019 and then in April 2020, and that on each occasion he also possessed a handgun in furtherance of a drug trafficking crime. The indictment also alleges that Johnson was subject to an order of protection when he possessed the handguns, which rendered his possession of the handguns unlawful.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Johnson was arrested on April 2, 2020, and charged by complaint with possession of a firearm by a prohibited person. He is detaining pending trial.
If convicted on all counts, Johnson faces a mandatory minimum of 10 years in prison and a maximum term of life; a minimum term of post-release supervision of 3 years and a maximum term of life; and fines of up to $1 million.
The case is being investigated by the ATF, DEA, and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
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
Felon Sentenced for Unlawful Firearms PossessionRead the Press Release
ALBANY, NEW YORK – Todd P. Donohue, age 44, formerly of Wallkill, Ulster County, New York, was sentenced today to 27 months in prison for unlawfully possessing firearms as a felon.
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.
Donohue, who has a 2003 felony drug conviction, admitted that he possessed a shotgun and a rifle when law enforcement searched his home on December 28, 2019. He also admitted to engaging in the trafficking of firearms, by selling at least 5 firearms to individuals living in Orange County, Putnam County and Ulster County, New York, in 2019.
Chief United States District Judge Glenn T. Suddaby also imposed a 3-year term of post-imprisonment supervised release.
This case was investigated by the DEA and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and was prosecuted by Assistant U.S. Attorney Michael Barnett.
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
New Law Enforcement Coordinator for the U.S. Attorney's OfficeRead the Press Release
SYRACUSE, NEW YORK - Acting United States Attorney Antoinette T. Bacon announced today that the United States Attorney’s Office for the Northern District of New York has a new Law Enforcement Coordinator, Dennis Murphy.
Mr. Murphy, who has a Masters of Science, Criminal Justice, has lengthy and broad law enforcement experience. Since March 2016, he has investigated fraud cases for the U.S. Department of Agriculture.
“I am pleased to welcome Dennis Murphy to our team as our Law Enforcement Coordinator,” said Acting United States Attorney Antoinette T. Bacon. “Mr. Murphy’s experience and expertise will help us build relationships with law enforcement agencies, task forces, and community groups throughout the thirty-two counties we serve. He will also be an important part of our community outreach program working closely with our Public Affairs Specialist/Community Outreach Coordinator, Marilyn Morey.”
“I am very pleased to be working for the United States Attorney’s Office for the Northern District of New York as the new Law Enforcement Coordinator,” said Law Enforcement Coordinator Dennis Murphy. “I look forward to interacting with all the law enforcement agencies in the district, as well as interacting with community and school groups on a regular basis.”
Mr. Murphy began his law enforcement career as an Officer for the Town of Camillus Police Department in January 1986. He transferred to the City of Syracuse Police Department (SPD) in October 1990 where he worked as a Detective, Detective Sergeant, and Detective Lieutenant. While at SPD, he worked in the anti-crime, narcotics, sex crimes, and major crimes units, and spent twelve years as an operator on the Emergency Response Team.
After retiring honorably from SPD in April 2012, he worked for the New York State Justice Center as a Supervising Criminal Investigator, where he oversaw three offices in the seventeen county Central New York Region until July 2015.
Mr. Murphy is also a United States Navy veteran who served as an Intelligence Specialist reservist with the Office of Naval Intelligence and then the Defense Intelligence Agency. After September 11, 2001, Mr. Murphy volunteered for active duty. He served with the Naval Criminal Investigative Service as a Technical Representative. During his service he collaborated on Operation Green Quest, that conducted Force Protection in the Middle East, and he also was assigned to the Office of Special Projects Special Surveillance Team which conducted Counter Terrorism and Espionage operations for NOBLE EAGLE and ENDURING FREEDOM.
In 2004, he transferred to the United States Air Force Reserve as a Special Agent for the Office of Special Investigations where he attended the Federal Law Enforcement Training Center – Brunswick, Georgia. Mr. Murphy's specialty for USAF-OSI was conducting Protective Service Operations in the New York City area. Specifically, he provided protection for the Secretary of the United States Air Force, Chief of Staff for the United States Air Force, and other high-ranking military officials visiting the city.
The Law Enforcement Coordination (LEC) program was implemented in 1986 in each U.S. Attorney’s Office with the goal of fostering cooperative and coordinated local, state, tribal and federal law enforcement efforts in each federal district. The program helps to develop training on emerging crime issues, conducts strategic planning, and establishes task forces and working groups to address current crime trends. During the past several years, the LEC program in the NDNY has broadened its coordination efforts beyond just law enforcement, including collaboration with many community partners to focus on national and district-wide priorities.
The Law Enforcement Coordinator also coordinates activities to promote citizen awareness, such as providing speakers for community and school groups; and initiatives designed to promote crime reduction and prevention, such as Project Safe Neighborhood, Street Smarts, Internet Safety, and Drug Awareness.
Mr. Murphy follows a distinguished set of past Law Enforcement Coordinators, including most recently Mr. Armond ‘Skip’ Scipione, serving from 2004 to 2008 as Assistant Law Enforcement Coordinator, and 2008 to 2020 as Law Enforcement Coordination Manager. Mr. Scipione was preceded as Law Enforcement Coordinator by Mr. Peter Laun, serving from 1989 to 2005 as Law Enforcement Coordination Manager.
Mr. Murphy will be based in our Syracuse office, and Ms. Morey is based in our Albany office.
To schedule a meeting or invite them to a meeting of yours, call the Syracuse Office at 315-448-0672 or the Albany Office at 518-431-0247.
Amsterdam Man Charged with Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – Thomas Love, Jr., age 31, of Amsterdam, New York, was ordered detained yesterday on a charge of distributing 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).
On October 27, 2020, Love was charged by criminal complaint with distributing child pornography. Yesterday, United States Magistrate Judge Christian F. Hummel conducted a detention hearing and ordered Love detained pending trial.
The complaint alleges that, on or about July, 11, 2020, Love distributed images depicting the sexual exploitation of children via an online social media platform. Love further admitted to distributing child pornography on other social media platforms and over email, as well.
The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty. If convicted, Love faces at least 5 and up to 20 years in prison, a mandatory term of supervised release of at least 5 years and up to life, and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Love would also have to register as a sex offender.
This case is being investigated by the FBI and its Child Exploitation Task Force, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.
Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Albany Field Office at (518) 465-7551.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Troy Man Pleads Guilty to Threatening Police Officers over FacebookRead the Press Release
ALBANY, NEW YORK – Jhajuan Sabb, age 21, of Troy, New York, pled guilty today to threatening to attack the Troy Police Department during a June 2020 demonstration.
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).
In pleading guilty, Sabb admitted to making Facebook Live recordings on June 5, 2020 in which he threatened to throw bricks at the Troy Police building and vehicles. Sabb also threatened to use a vehicle to run over police officers.
Senior United States District Judge Lawrence E. Kahn scheduled sentencing for March 3, 2021. Sabb, who has been in custody since June 6, faces up to 5 years in prison, to be followed by up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of state and local law enforcement agencies, including the Troy Police Department and New York State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Montgomery County Man Admits to Unlawfully Selling “Ghost Guns”Read the Press Release
ALBANY, NEW YORK – Michael Castelluccio, age 42, of Fultonville, New York, pled guilty today to unlawfully transferring an unregistered short-barreled rifle that had machinegun capability.
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, Castelluccio admitted that between August and October 2019, he built and sold 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.
Castelluccio admitted to building and selling short-barreled rifles, which are rifles with barrels less than 16 inches long. Castelluccio 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 that one of the firearms he sold was modified to allow it to automatically shoot more than one shot by a single function of its trigger.
Chief United States District Judge Glenn T. Suddaby scheduled sentencing for 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 particular 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
Madison County Man Arrested on Federal Drug and Firearms ChargesRead the Press Release
SYRACUSE, NEW YORK - Shawn Tompkins, age 40, of Hubbardsville, New York, appeared in federal court yesterday afternoon on a criminal complaint charging him with federal methamphetamine and marijuana distribution charges, and possession of firearm in furtherance of a drug trafficking crime, 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).
Tompkins was arrested and charged by complaint on November 4, 2020. The criminal complaint alleges that Tompkins possessed with the intent to distribute more than 50 grams of methamphetamine, and marijuana. It further alleges that he possessed one or more firearms in furtherance of those offenses. During a search of Tompkins’s residence, law enforcement recovered approximately 35 firearms, including assault rifles; thousands of rounds of ammunition; two silencers; 17 lower receivers; and a replica grenade launcher.
The defendant is currently held in custody without bail pending a detention hearing.
If convicted of the charges set forth in the complaint, the defendant faces up 40 years’ imprisonment, with a mandatory minimum term of five 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 complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated the United States Department of Homeland Security, Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation (IRS-CI), the Oneida County Sheriff’s Office, the Madison County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and U.S. Customs and Border Protection (CBP), and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.
Five Union Members Plead Guilty to Health Care FraudRead the Press Release
ALBANY, NEW YORK – Five union members have pled guilty to defrauding their union’s health care benefit program.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Michael C. Mikulka, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (DOL-OIG); and Carol Hamilton, Boston Regional Director of the Employee Benefits Security Administration (EBSA).
Christopher Roberts, age 36, of Fort Edwards, New York; Earl Graham, age 43, of Glens Falls, New York; Jamie Ruggiero, age 40, of Lake Luzerne, New York; Shawn Martindale, age 43, of Glens Falls; and Torey Gannon, age 47, of South Glens Falls, New York, all received health care benefits under a welfare plan provided by the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union Number 773, based in Glens Falls. In addition to health insurance, the plan offered participants a health expense benefit, which reimbursed medical costs not covered by insurance.
In pleading guilty, Roberts, Graham, Ruggiero, Martindale, and Gannon each admitted to submitting fake receipts, purportedly reflecting medical expenses, for reimbursement under the health expense benefit, and to falsely certifying that the expenses reflected in the fake receipts were incurred. In reliance on the fake receipts, the welfare plan paid the defendants a total of more than $67,000, as follows:
Roberts
$11,500
Graham
$14,052.72
Ruggiero
$15,721.70
Martindale
$3,748.89
Gannon
$22,505
The defendants pled guilty between July 30, 2020 and November 5, 2020, before Senior United States District Judge Lawrence E. Kahn.
Acting U.S. Attorney Antoinette T. Bacon stated: “These defendants stole thousands of dollars from their union and, ultimately, from their fellow union members, who depend on the health care fund to pay their medical expenses. We will continue to pursue greedy people who steal from benefit programs and enrich themselves at the expense of others.”
DOL-OIG Special Agent in Charge Michael Mikulka stated: “The defendants submitted false documents to a union-affiliated benefit plan in order to fraudulently obtain funds from the plan that they were not entitled to. The Office of Inspector General will vigorously pursue those who defraud employee benefit plans of funds needed to pay legitimate claims. We will continue to work with our law enforcement partners to investigate these types of allegations.”
EBSA Boston Regional Director Carol Hamilton stated: “Submitting fraudulent health expense claims to obtain reimbursements defrauds not only the health plan, it also breaks trust with other plan participants who depend on the plan for their health care expenses. The Employee Benefits Security Administration will continue to work with our law enforcement colleagues to identify and deter health plan fraud.”
The defendants, who are charged in separate cases, each face up to 10 years in prison, a fine of up to $250,000, and a term of post-release supervision of up to 3 years. They will also be required to pay restitution. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
These cases were investigated by the U.S. DOL-OIG and the EBSA, and are being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Cortland County Man Sentenced to 45 Years for Child Sexual ExploitationRead the Press Release
SYRACUSE, NEW YORK – Christopher M. Perry, 36, of Cortland, New York, was sentenced today to serve 540 months (45 years) in federal prison for conspiring and acting together with co-defendant Sarah R. Gates to sexually exploit a child under five years of age for the purpose of producing images of the abuse.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his prior guilty plea to a three-count Information, Perry admitted that on several occasions in 2017, he and Gates performed sexual acts on the child while taking photographs of the abuse, using two cell phones.[1]
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will start after Perry is released from prison. As a result of his conviction, Perry will also be required to register as a sex offender upon his release from prison.
The case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), the City of Cortland Police Department, and the New York State Police-Computer Crimes Unit, and prosecuted by Assistant U.S. Attorney Sahar L. Amandolare and Special Assistant United States Attorney Adrian S. LaRochelle.
The case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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.
[1] Gates is charged by complaint with the same offenses, which are merely accusations, and she is presumed innocent unless and until proven guilty.
Acting U.S. Attorney Announces Nearly $2.4 Million in Grants to Combat Violent CrimeRead the Press Release
SYRACUSE, NEW YORK – Acting U.S. Attorney Antoinette T. Bacon today announced more than $2.3 million in Department of Justice grants to fight and prevent violent crime in the thirty-two counties that make up the Northern District of New York. The grants, awarded by the Department’s Office of Justice Programs, are part of more than $458 million in funding to support state, local and tribal law enforcement efforts to combat violent crime in jurisdictions across the United States.
“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”
The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. These grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.
“Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”
“We cannot rest until all members of our community can live free from the fear of violent crime,” said Acting United States Attorney Antoinette T. Bacon. “These grants will support research and evaluation on policing and efforts to improve the criminal history program. I am grateful for this important work in the Northern District of New York. “
Of the more than $458 million awarded nationwide, OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives, including efforts in enforcement, prosecution, adjudication, detention and rehabilitation.
OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.8 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System.
The following local organizations received funding:
The John Finn Institute for Public Safety received $619,648 under the Research and Evaluation on Policing, FY 2020. According to their project abstract, the purpose of the project is to conduct research to illuminate the forms of investigative activities and evidence that contribute to investigative and prosecutorial outcomes, including an experimental evaluation of a systematic effort to better exploit video and audio technology for investigative and prosecutorial purposes among cases involving firearms. The goals are to deepen the current understanding of whether and how specific forms of investigative activities contribute to (or detract from) case clearances and prosecutions. Researchers will also conduct a randomized controlled trial to test the efficacy of systematically supplementing the efforts of sworn criminal investigators with those of crime analysts in tapping specific available investigative resources. They will partner with the Syracuse Police Department.
The New York State Division of Criminal Justice Services received $1,700,000 under the National Criminal History Improvement Program, FY 2020. Through the National Criminal History Improvement Program (NCHIP), the Bureau of Justice Statistics provides direct awards and technical assistance to states and localities to improve the quality, timeliness, and immediate accessibility of criminal history records and related information. Complete records require that data from all components of the criminal justice system be integrated and linked, including law enforcement, prosecutors, courts, and corrections. NCHIP assists states to establish the integrated infrastructure that meets the needs of all components.
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
Former Pharmacy Owner Pleads Guilty to Health Care FraudRead the Press Release
SYRACUSE, NEW YORK – Jennifer Caloia, age 56, a licensed pharmacist who owned and operated Dougherty Pharmacy in Morrisville, New York, from 1998 to 2015, pled guilty today in federal court in Utica to one felony count of health care fraud, 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); Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General; Ralph D. Tortora III, Regional Director, New York Attorney General’s Medicaid Fraud Control Unit, Syracuse Office; Carol S. Hamilton, Regional Director, U.S. Department of Labor Employee Benefits Security Administration (DOL EBSA); and Superintendent Linda A. Lacewell, New York State Department of Financial Services.
In pleading guilty, Jennifer Caloia admitted that between 2011 and 2015, she defrauded public and private health insurance programs by submitting false and fraudulent claims for prescription drugs that the pharmacy did not dispense. Caloia also admitted that customers submitting prescriptions for medications had their health insurance providers billed for more expensive drugs than those prescribed. To facilitate this scheme, the defendant changed the names of some of the prescription drugs in the software she used to communicate with insurance companies and to print drug labels, which allowed her to submit her fraudulent claims while providing the customer with the appropriate labels and instructions. Caloia further admitted that she personally obtained $110,431.02 in unrecovered proceeds in connection with her health care fraud scheme. She no longer owns or operates Dougherty Pharmacy.
Sentencing is scheduled for February 24, 2021 in federal court in Utica, at which time Caloia faces up to ten 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. In her plea agreement, Caloia has agreed to pay restitution in the amount of $110,431.02 to the public and private insurers affected by her fraud scheme.
In separately negotiated civil settlements with the Civil Division of the United States Attorney’s Office for the Northern District of New York and the New York State Attorney General’s Office, Caloia and her company agreed to pay $92,308.76 related to her submission of false claims to public insurers such as Medicare and Medicaid. The civil settlement resolves a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, knowns as “relators,” to file civil actions on behalf of the government and share in any recovery. The relator in this case will receive $19,332.76 of the settlement proceeds. The federal civil case is docketed with the United States District Court for the Northern District of New York under number 6:17-cv-92 (BKS/ATB).
This case was investigated by the Federal Bureau of Investigation (FBI); the U.S. Department of Health and Human Services, Office of Inspector General; the U.S. Drug Enforcement Administration (DEA), the U.S. Department of Labor-Employee Benefits Security Administration (DOL EBSA), New York Attorney General’s Medicaid Fraud Control Unit; and the New York State Department of Financial Services, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry. The civil investigation is being handled by Assistant United States Attorney John Hoggan and Special Assistant Attorney General Paul Berry.
Cayuga County Man Charged with Possessing a Firearm as a FelonRead the Press Release
ALBANY, NEW YORK – James Workman, age 32, of Conquest, New York, was arrested today and charged by criminal complaint with unlawfully possessing a firearm as a felon on October 6, 2020.
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); John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Cayuga County Sheriff Brian Schenck.
The criminal complaint alleges that Workman, a felon, possessed and discharged a .30-06 caliber rifle at his residence in Conquest, on October 6, 2020. Authorities also located several rounds of ammunition at his residence.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Workman faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Workman appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained.
This case was investigated by the FBI, ATF, and the Cayuga County Sheriff’s Department, as well as Immigration and Customs Enforcement (ICE), the Office of Special Investigation for the New York State Department of Corrections and Community Supervision (DOCCS), and the Schenectady Police Department. The case is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the 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.
U.S. Attorney's Office Announces Contacts for Election Fraud and Voting Rights ConcernsRead the Press Release
SYRACUSE, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that Assistant United States Attorneys (AUSAs) Michael F. Perry and Joshua R. Rosenthal will lead the efforts of the Northern District of New York in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSAs Perry and Rosenthal have been appointed to serve as the District Election Officers (DEOs) for the Northern District of New York, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
Acting United States Attorney Bacon said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, Acting United States Attorney Bacon stated that AUSAs Perry and Rosenthal will be on duty in this District while the polls are open. They can be reached by the public at the following telephone numbers: 315-448-0913 (AUSA Perry) and 518-431-0389 (AUSA Rosenthal).
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 518-465-7551.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and they nearly always have faster reaction capacity in an emergency.
Acting United States Attorney Bacon said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
Albany Felon Sentenced to 46 Months for Unlawful Firearm PossessionRead the Press Release
ALBANY, NEW YORK – Luis Rivera, age 34, of Albany, was sentenced today to 46 months in prison for unlawfully possessing a firearm 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 U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Rivera, who has three prior felony convictions, previously admitted that on January 31, 2019, he possessed a Taurus PT 738 .380 caliber pistol.
United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release, to begin after Rivera’s release from prison.
This case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Schenectady Man Indicted on Drug and Gun ChargesRead the Press Release
ALBANY, NEW YORK – Rhamel G. Pate, age 39, of Schenectady, New York, was charged today by a superseding indictment alleging three drug trafficking offenses and two gun possession charges.
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).
Pate was first indicted on March 21, 2019, on one count of conspiracy to distribute and possess with intent to distribute crack cocaine and one count of distribution of crack cocaine. The superseding indictment additionally charges Pate with one count of possession with intent to distribute crack cocaine, one count of possession of firearms in furtherance of a drug trafficking crime, and one count of being a felon in possession of firearms. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Pate faces a minimum sentence of 5 years in prison and a maximum sentence of 40 years, for the drug conspiracy and possession charges, and a maximum sentence of 20 years for the drug distribution charge. For the charge of possession of firearms in furtherance of a drug trafficking crime, Pate faces a minimum sentence of 5 years, to be served after any other term of imprisonment is complete. For being a felon in possession of firearms, Pate faces a maximum sentence of 10 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 its Capital District Safe Streets Gang Task Force, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Inmate Indicted for Sending Threatening Letter to United States SenatorRead the Press Release
ALBANY, NEW YORK – Carlo Di Padova, age 61, was indicted today for sending a letter from the Auburn Correctional Facility, addressed to a United States Senator, containing a white powdery substance and a message stating that Di Padova planned to have someone shoot the Senator in the head.
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).
Di Padova, now housed at the New York State Correctional Facility located in Malone, New York, is charged with mailing a threatening communication and impeding, intimidating, and interfering with a federal official by threat. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty. The powder in the letter was determined to be an innocuous substance.
Each charge filed against Di Padova carries a maximum sentence of 10 years in prison 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.
This case is being investigated by the FBI’s Joint Terrorism Task Force (JTTF), and the New York State Department of Correction and Community Supervision, Office of Special Investigation, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
110 Gang Member Sentenced to 12.5 Years in PrisonRead the Press Release
SYRACUSE, NEW YORK – Kemnorris Kinsey, age 33, of Syracuse, was sentenced today to serve 150 months 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 Kinsey to serve three years of supervised release following his term of incarceration.
In imposing sentence, Senior United State District Judge Frederick J. Scullin, Jr., found that Kinsey was personally involved in drug trafficking, gun possession, and at least one shooting, on behalf of the gang.
Kinsey was one of 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; and
- Deshawnte Waller was sentenced to 80 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.
Schenectady Woman Charged with Supplemental Security Income FraudRead the Press Release
ALBANY, NEW YORK – Jenelle L. Plumadore, age 39, of Schenectady, New York, was arraigned last week on an indictment charging her with concealing her assets and resources, and making false statements, in connection with obtaining Supplemental Security Income (SSI) benefits for her and a relative.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.
The indictment alleges that Plumadore failed to disclose her assets and resources to the SSA from March through September 2016, and that as a result she and a relative in her care were able to receive SSI benefit payments to which they were not entitled. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Plumadore was arraigned on October 14 in Albany before United States Magistrate Judge Christian F. Hummel, and ordered released pending trial.
The charges against Plumadore carry a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Former Jefferson County Man Sentenced for Sexual Exploitation CrimesRead the Press Release
SYRACUSE, NEW YORK - Logan Decker, 28, of Sioux Falls, South Dakota, was sentenced in federal court today to serve 528 months (44 years) in federal prison for his part in the sexual exploitation of a two-year-old child, announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent-in-Charge, Federal Bureau of Investigation (FBI), Albany Field Office, and New York State Police Superintendent Keith Corlett.
In December 2019, Decker, who formerly lived in Jefferson County, pled guilty to all counts of a seven-count indictment, admitting that he conspired with his wife, Amber Decker, to sexually exploit the two-year-old for the purpose of producing images and videos of the abuse. Decker also admitted that on several occasions in July and August 2018, while he was living in Sioux Falls South Dakota and his wife was in Jefferson County, he demanded that his wife sexually abuse the child and upload video files of the abuse to a cloud storage account for him to view. Recovered text messages revealed that Logan Decker was also planning a trip to New York, and that he and his wife discussed the continued abuse of the two-year-old, as well as the abuse of two other children, once Logan Decker arrived. However, before that trip could happen both of the Deckers were arrested after a family member saw some of the disturbing texts on Amber Decker’s phone and called the police.
United States District Judge David N. Hurd also imposed a term of supervised release of 25 years to follow Decker’s term of incarceration, at which time he will also be required to register as a sex offender.
Amber Decker pled guilty to the same offenses, and was sentenced in August to serve 22 years in federal prison for her role in the offenses.
This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency, the New York State Police, the Jefferson County Sheriff’s Office, and the Sioux Falls, South Dakota Police Department, and prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
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.
Staten Island Man Pleads Guilty to Marijuana ChargeRead the Press Release
ALBANY, NEW YORK – Jen Wong, age 28, of Staten Island, New York, pled guilty today to possessing and intending to distribute 109 pounds of marijuana in Clinton County.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division
As part of his guilty plea, Wong admitted that on July 23, 2019, he transported three hockey bags containing 109 pounds of marijuana with the intent to distribute the drugs in the Northern District of New York. Wong admitted that he was heading south on Interstate 87 near Plattsburgh, New York, when he was pulled over by police. Wong admitted that he had the hockey bags in the vehicle’s rear seat; the bags were full of multiple vacuum-sealed plastic bags of marijuana, totaling 109 pounds.
Chief United States District Judge Glenn T. Suddaby scheduled sentencing for March 2, 2021.
Wong faces up to 5 years in prison and will be subject to at least 2 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Troy Anderson.
Schenectady Woman Pleads Guilty to Theft of Government PropertyRead the Press Release
ALBANY, NEW YORK – Jody Lyons, age 53, of Schenectady, New York, pled guilty today to stealing the Social Security benefits of her deceased mother for several years after her mother’s death in January 2015.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.
As part of her guilty plea, Lyons admitted that beginning the month of her mother’s death, she withdrew and spent Social Security benefits that continued to be deposited into her mother’s bank account until August 2018, when the SSA learned of the death and benefit payments ceased. Lyons also admitted that she withdrew and spent her mother’s Social Security benefits despite knowing what the benefits were, that the benefits were intended for her mother, and that Lyons was not entitled to the money.
Sentencing is scheduled for March 5, 2021 before United States District Judge Mae A. D’Agostino. Lyons faces up to 10 years in prison, up to 3 years of supervised release, and a fine of up to $250,000. Additionally, Lyons has agreed to pay $95,961.00 in restitution to the SSA. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
New Jersey Man Sentenced to 87 Months on Drug ConvictionRead the Press Release
ALBANY, NEW YORK – Thomas Critten, age 30, of Jersey City, New Jersey, was sentenced today to 87 months in prison for possessing and intending to distribute crack cocaine in St. Lawrence County.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and St. Lawrence County Sheriff Brooks J. Bigwarfe.
As part of his guilty plea, Critten admitted that on December 20, 2018, he brought 104 grams of grams of crack cocaine to Massena, New York, with the intent of distributing it. Critten admitted he had hidden two bags of crack cocaine in his underwear, and that police discovered it during a search for an unrelated arrest. Critten admitted that he was to deliver the crack to a house in Masenna, and was to be paid $1,000 for the delivery.
Chief United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release, to begin after Critten’s release from prison.
This case was investigated by the St. Lawrence County Drug Task Force and was prosecuted by Assistant U.S. Attorney Troy Anderson.
Brooklyn Man Pleads Guilty to Drug ChargeRead the Press Release
ALBANY, NEW YORK – Hailang Xie, age 25, of Brooklyn, New York, pled guilty today to possessing and intending to distribute 131 pounds of marijuana in Clinton County.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division
As part of his guilty plea, Xie admitted that on July 23, 2019, he transported four hockey bags containing 131 pounds of marijuana with the intent to distribute the drugs in the Northern District of New York. Xie admitted that he was heading south on Interstate 87 near Plattsburgh, New York, when he was pulled over by police. Xie admitted that he had the hockey bags in the vehicle’s rear seat; the bags were full of multiple vacuum-sealed plastic bags of marijuana, totaling 131 pounds.
Chief United States District Judge Glenn T. Suddaby scheduled sentencing for March 2, 2021.
Xie faces up to 20 years in prison and will be subject to at least 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Troy Anderson.
Peruvian Citizen Pleads Guilty to Role in Transnational Drug Trafficking and Money Laundering ConspiracyRead the Press Release
ALBANY, NEW YORK – Hilario Renato Mendoza Beltran, age 47, and a citizen of Peru, pled guilty today to conspiring to distribute over 5 kilograms of cocaine and conspiring to launder the proceeds of an international cocaine trafficking organization.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division; Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation; and Kevin Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.
Between August 2014 and March 30, 2016, a money laundering and drug trafficking organization based in Montreal, Canada, collected the cash proceeds from selling marijuana in the United States and cocaine in Canada. The cash was delivered to couriers in, among other places, Albany County, Ulster County, and Montreal so that the cash could be delivered, either by a courier or by wire, to cocaine suppliers to purchase cocaine. At least $1 million was sent to Chicago, Los Angeles, Peru, Mexico and Colombia; money was also wired to China. The organization then arranged for the smuggling of cocaine back to Canada, and transported some of the cocaine through northern New York.
Mendoza Beltran’s guilty plea follows his formal extradition from Peru to the Northern District of New York in August 2019.
As part of his guilty plea, Mendoza Beltran admitted that between October and December 2014, he acted as a Peru-based operative for the organization by receiving and transporting approximately $472,000 in drug proceeds, and arranging for the delivery of approximately 140 kilograms of cocaine to co-conspirators in Piura, Peru. Pilots working for the organization then picked up the cocaine at a clandestine airstrip outside of Piura, and flew it to Guatemala, and then on to Mexico, where it was smuggled into the United States.
Mendoza Beltran’s sentencing is scheduled for February 22, 2021 before United States District Judge Mae A. D’Agostino. Mendoza Beltran faces up to life in prison, at least 5 years of post-imprisonment supervised release, and a maximum $10 million 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.
As part of the same case, all of the following people have pled guilty before Judge D’Agostino, and several have been sentenced.
Name
Age
Residence
Charges
Sentence and/or Sentencing Date
Iraklis Haviaropoulos
43
Montreal, Canada
Cocaine conspiracy
> 5 kilogramsInternational money laundering conspiracy
January 26, 2021
Carlos Alberto Ocampo Garcia
58
Cali, Colombia
Cocaine conspiracy
> 5 kilogramsInternational money laundering conspiracy
December 1, 2020
Matthew Fernandes
37
Montreal, Canada
Cocaine conspiracy
> 5 kilograms87 months in prison
Jose Mauricio Ortiz Bolanos
32
Cali, Colombia
Cocaine conspiracy
> 5 kilogramsInternational money laundering conspiracy
78 months in prison
Eduardo Nunez Serna
46
Chicago, Illinois
Promotional money laundering conspiracy
57 months in prison
James DeSantis
58
Pompano Beach, Florida
International money laundering conspiracy
37 months in prison
This case is the result of the close cooperative efforts of the DEA, including the Albany District Office and DEA offices in Peru, Mexico, Colombia, Guatemala, Chicago, Detroit, Los Angeles, and Worcester, Massachusetts; IRS-Criminal Investigation and HSI. These federal agencies worked closely with the Sûreté du Québec, the Canada Border Services Agency, the Peruvian National Police, and the Colombian National Police. U.S. Border Patrol, the Malone Police Department, the New York State Police, the Chicago Police Department, the Massachusetts State Police, and the Watervliet Police Department also provided assistance.
Mendoza Beltran was extradited to the United States with assistance from the Department of Justice’s Office of International Affairs.
This case is being prosecuted by Assistant U.S. Attorneys Daniel Hanlon and Emmet J. O’Hanlon, and was previously prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
Former Central New York Resident Pleads Guilty to Passport Fraud, Misuse of a Social Security Number, and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – Timothy John Walsh, age 62, formerly of Dolgeville, New York, pled guilty today to making a false statement on a passport application, misuse of a social security number, and aggravated identity theft, announced Acting United States Attorney Antoinette T. Bacon and Keith Byrne, Special Agent in Charge, Diplomatic Security Service’s New York Field Office.
According to the offer of proof filed by the government and admitted to by Walsh during his change of plea today, Walsh mailed a fraudulent passport application to the United States Department of State using his picture but his deceased brother’s name and other personal identifying information, including his brother’s social security number.
Sentencing is scheduled for February 21, 2021, before Senior United States District Court Judge Norman A. Mordue. Walsh faces a mandatory minimum term of imprisonment of at least two years and one day and a maximum term of imprisonment of 10 years on the false statement charge and five years on the misuse of a social security number charge. He also is subject to a fine of up $250,000, and a term of post-imprisonment supervised release of up to three years. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Diplomatic Security Service of the U.S. Department of State and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
Guatemalan Man Pleads Guilty to Illegal Re-Entry into United States and Escape from CustodyRead the Press Release
ALBANY, NEW YORK – Mario Ipsolino Pineda-Boteo, age 35, and a citizen of Guatemala, pled guilty today to illegally re-entering the United States and escaping the custody of United States officers.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Pineda-Boteo admitted that he is a citizen of Guatemala, and that he was removed from the United States to Guatemala on September 9, 2010. On August 21, 2020, he was found by an ICE Officer near Greenfield, New York, in Saratoga County. A check of fingerprint records verified the prior removal.
Pineda-Boteo also admitted as part of his guilty plea that, following his lawful arrest and being placed in handcuffs on August 21, he fled the custody of the ICE Officers by running into a nearby wooded area in Greenfield, where he hid for less than an hour until he was arrested by law enforcement.
Sentencing is scheduled for February 19, 2021 before United States District Judge Mae A. D’Agostino. Pineda-Boteo faces a potential maximum term of imprisonment of 5 years and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.
Clifton Park Doctor Pleads Guilty to Unlawful Drug DistributionRead the Press Release
ALBANY, NEW YORK – Adrian Morris, M.D., age 64, a Clifton Park, New York, psychiatrist specializing in addiction recovery, pled guilty today to distributing controlled substances outside the course of professional practice and for no legitimate medical purpose.
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 Division; 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, Morris admitted that he dispensed controlled substances, including Adderall and Xanax, for no legitimate medical purpose, to people he never met or treated. Morris also admitted that he engaged in personal relationships with female patients seeking treatment from him for addiction to controlled substances.
Sentencing is scheduled for February 16, 2021 before United States District Judge Mae A. D’Agostino. Morris faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum $1 million fine.
This case was investigated by the DEA, FBI, Albany County Sheriff’s Office, and the New York State Bureau of Narcotic Enforcement, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Catskill Sex Offender Sentenced to 30 Months for Failing to RegisterRead the Press Release
ALBANY, NEW YORK – Ricky J. Bilyou, age 28, of Catskill, New York, was sentenced today to 30 months in prison, to be followed by 5 years of supervised release, for failing to register as a sex offender.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David McNulty.
Bilyou was convicted of child exploitation, in Clinton County, Indiana, in 2016. As part of that crime, Bilyou coerced a child, in Indiana, into sending him photos of herself that were sexual in nature.
In pleading guilty to failing to register, Bilyou admitted that he was residing in Indiana in May 2019, when he traveled to Colorado. After staying briefly in Colorado, in late September 2019, he took Amtrak trains from Colorado, to Chicago, Illinois, and finally to the Albany-Rensselaer station. He then began residing in Catskill, up until his arrest on March 18, 2020. Bilyou knew that he was required to register as a sex offender in New York, and failed to do so.
This case was investigated by the U.S. Marshals New York/New Jersey Regional Fugitive Task Force, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Albany Felon Admits Possessing a Loaded FirearmRead the Press Release
ALBANY, NEW YORK – Jahmeek Croley a/k/a “Meeker,” age 33, of Albany, pled guilty today to unlawfully possessing a firearm 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); John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Chief Eric Hawkins of the Albany Police Department (APD).
Croley, who has prior felony convictions for drug and weapons offenses, admitted that in November 2019 he possessed a loaded 9mm semi-automatic pistol at his residence in Albany. Croley admitted to purchasing the pistol, which had been stolen from a Vermont residence in 2015, from an unknown individual in the city of Albany in October 2019.
Croley was arrested on November 14, 2019, as part of an operation targeting the Yard Boys criminal street gang, undertaken by the Capital District Safe Streets Gang Task Force, a collaboration of federal, state, and local law enforcement agencies, and has been in custody since his arrest. Croley has additional charges pending in Albany County Court.
Croley faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years, when he is sentenced on February 11, 2021 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FBI, ATF and Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
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 Secures Return of Artwork 87 Years After Nazis Looted it from Jewish Family in BerlinRead the Press Release
ALBANY, NEW YORK - A painting looted by the Nazis in 1933 from a Jewish family in Berlin, Germany, was returned to the family’s heirs, represented by the Mosse Foundation, on October 15, 2020, announced Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Rudolf Mosse was a prominent publisher and philanthropist in the early twentieth century in Berlin, Germany. He and his family published newspapers including the Berliner Tageblatt, which criticized the Nazi party. When the Nazis came to power in 1933, the Mosse family, who were Jewish, became subject to Aryanization measures, which sought to remove them from the German economy. When the Mosses fled Germany, the Nazis seized their assets, including an extensive art collection.
The Mosse art collection included a painting known as “Winter,” by American artist Gari Melchers (a photograph of the painting is attached). After the Nazis seized “Winter,” it went through a series of intermediaries, ultimately purchased by Bartlett Arkell, co-founder and president of Imperial Packing Company, which became Beech-Nut Packing Company. Bartlett Arkell’s art collection is now housed at the Arkell Museum in Canajoharie, New York. In September 2019, the FBI recovered “Winter” from the Arkell Museum on the basis that it is stolen property that travelled in interstate commerce. There is no evidence suggesting that Bartlett Arkell knew that “Winter” had been unlawfully taken and the Arkell Museum has relinquished all rights to the painting. “Winter” was returned to the Mosse Foundation, which operates internationally to recover works of art expropriated from the Mosse family by the Nazi regime, and represents the lawful heirs’ interest in “Winter.”
“We can never ease the horrors of Nazi Germany from history, but we can, and should, take every opportunity to deliver any justice we can including the return of property to rightful heirs,” said Acting U.S. Attorney Antoinette T. Bacon. “The Department of Justice will continue to do just that.”
FBI Special Agent in Charge Thomas F. Relford stated: “While it’s believed there were hundreds of thousands of pieces of art stolen by the Nazis, our office is immensely proud to help right even just one wrong done during this evil period of world history. We may have played a small role in a massive effort, but we will forever recognize the magnitude of this work and we’re truly honored to be able to return this painting to its rightful owners.”
The FBI transferred the painting to the heirs’ representatives at the FBI’s Field Office in Albany, with remarks from the United States Attorney’s Office, the FBI, the Mosse Foundation, and the Arkell Museum. A media outlet interested in a video recording of the event may contact FBI Public Affairs Specialist Sarah Ruane at [email protected].
Countless pieces of artwork stolen by the Nazi regime remain at large. Anyone with information regarding stolen artwork can reach the FBI’s art crime team at: [email protected].
This case was handled by Assistant U.S. Attorney Christopher R. Moran.
Albany Man Sentenced in Connection with Romance ScamRead the Press Release
ALBANY, NEW YORK – William Y. Asiedu, age 27, of Albany, was sentenced today to time served (5 days in jail) and 3 years of supervised release, and to pay $445,333 in restitution, for his participation in a romance scam.
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).
In pleading guilty, Asiedu admitted that he agreed to receive the proceeds of a fraudulent scheme and to distribute the proceeds to his co-conspirators in Ghana in exchange for a 5 to 10 percent cut.
Between October 2018 and May 2019, two women, one from Arizona and the other from Switzerland, sent a total of $445,333 to bank accounts standing in the name of Community Youth Development Council Incorporated, an entity that Asiedu incorporated in New York. Asiedu’s co-conspirators falsely led each woman to believe that she was sending the money for the benefit of a man she met through an online dating web site. In fact, Asiedu’s co-conspirators posed as these fake paramours, and fraudulently induced the victims to send money to Asiedu. Asiedu sent most of the money to his co-conspirators in Ghana, keeping about 5 to 10 percent of it for himself.
Senior United States District Judge Thomas J. McAvoy also ordered the forfeiture of $9,799 in U.S. currency seized from Asiedu, and that Asiedu perform 100 hours of community service.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.
Utica Woman Charged with Federal Drug CrimesRead the Press Release
SYRACUSE, NEW YORK – Cortny Biagini, age 28, of Utica, New York, was arraigned in federal court yesterday on an indictment charging her with federal fentanyl and methamphetamine charges, announced 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.
The indictment charges Biagini in two counts: Count One alleges that she possessed with the intent to distribute 40 grams or more of fentanyl, which carries a maximum potential sentence of 40 years’ imprisonment, a mandatory minimum term of five years’ imprisonment, a maximum lifetime term of supervised release, a mandatory minimum term of four years’ supervised release, and a maximum fine of $5,000,000. Count Two alleges that Biagini possessed with the intent to distribute 50 grams or more of methamphetamine, which carries a maximum potential sentence of life imprisonment, a mandatory minimum term of 10 years’ imprisonment, a maximum lifetime term of supervised release, a mandatory minimum term of five years’ supervised release, and a maximum fine of $10,000,000. 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 charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Biagini was arraigned yesterday in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric, and detained pending a trial scheduled before Chief United States District Judge Glenn T. Suddaby.
This case is being investigated the U.S. Drug Enforcement Administration (DEA) and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.
New York City Man Pleads Guilty to Bank Fraud and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – Jason Safford, 45, of Queens, New York, pled guilty today in federal court in Utica to bank fraud, attempted wire fraud, and aggravated identity theft, announced Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Safford admitted that he applied for a mortgage refinance loan in October 2016 on behalf of Safflyn Green Industries, Inc., a company in which Safford had an ownership interest. In support of that loan application, Safford submitted false bank statements, false deposit verification documentation, and a false appraisal for the property at issue, which is located at 350 Galina Lane in Mohawk, New York, and is commonly referred to as the “Gelston Estate.” RS Lending, a financial institution then operation in San Francisco, approved the loan application and funded it for more than $1.3 million in December 2016. The loan is now in default status, and nearly $1.2 million remains outstanding.
Safford also admitted in his guilty plea that in 2018 he applied for a $2 million mortgage refinance loan for the Gelston Estate. Once again, Safford created and submitted false bank statements and a falsified appraisal in support of this loan application. When questioned about the appraisal by the brokerage firm processing the application, Safford obtained a letter from a licensed appraiser confirming that the appraiser had appraised property located at 980 Robinson Road in Mohawk, New York—which is next to the Gelston Estate—for $325,000 on September 16, 2014. Safford modified and forged this letter to say, falsely, that the appraiser had appraised the property located at 350 Galina Lane on January 31, 2018, for $2,448,500.00, and Safford sent the falsified letter to the brokerage firm, along with modified and falsified copies of the appraiser’s license and professional liability coverage information. This loan was never funded.
Finally, Safford admitted that he assisted in obtaining investments from multiple investors to develop the Gelston Estate and 980 Robinson Road properties and that the investors’ money was not all used to develop the properties. As part of his guilty plea, Safford agreed to pay restitution to four individual investors in the total amount of $146,426.57, in addition to agreeing to pay restitution in the amount of $1,175,869.40 to the company who purchased RS Lending when it went out of business.
Sentencing is scheduled for February 23, 2021 before United States District Judge David N. Hurd, who presides over the case. Safford faces a mandatory minimum sentence of 2 years in prison, and a potential maximum sentence of 30 years. Safford also faces up to 5 years of supervised release and fines totaling up to $1.25 million. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Federal Bureau of Investigation (FBI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Gansevoort Woman Indicted on Charges of Supplemental Security Income Fraud and Theft of Government PropertyRead the Press Release
ALBANY, NEW YORK – Santa Sanabria, a.k.a. Santa Cordero, age 74, of Gansevoort, New York, was arraigned on an indictment charging her with using two different names and Social Security numbers to collect Social Security benefits under both identities.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.
The indictment alleges that while collecting Social Security benefits under the name Santa Cordero, and the Social Security number associated with that name, Sanabria used a different name and Social Security number to apply for and collect Supplemental Security Income (SSI) benefits to which she was not entitled. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Sanabria was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and ordered released pending trial.
The charges against Sanabria carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Cortland County Farm Worker Indicted for Illegal Reentry Following Prior DeportationRead the Press Release
SYRACUSE, NEW YORK – Timoteo Ramirez-Lopez, age 32, was indicted today by a federal grand jury in Syracuse for illegally re-entering the United States without authorization after being deported previously. The indictment was announced by Acting United States Attorney Antoinette T. Bacon and Thomas E. Feeley, Field Office Director, Buffalo Field Office, Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
In charging Ramirez-Lopez, the government has alleged that he was previously deported from Texas to his native country of Guatemala in March 2008, returned to the United States without permission at some point afterward, and was then found on July 29, 2020 working on a farm in Cortland County, where he was arrested for having allegedly returned to the United States without authorization.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty. The defendant has the right to a jury trial, a date for which has not yet been set.
If convicted, Ramirez-Lopez faces up to two years in prison, a term of supervised release of up to one year, and a fine of up to $250,000. He may also face immigration consequences, including deportation or removal, which are adjudicated in a separate civil proceeding in immigration court.
This case is being investigated by ICE-ERO, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
U.S. Department of Justice Charges More than 14,200 Defendants with Firearms-Related Crimes in FY2020Read the Press Release
SYRACUSE, NEW YORK – Today, the U.S. Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.
“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences. The Department of Justice is committed to investigating and prosecuting individuals, who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”
“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo. “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions. ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”
“2020 has been a grim and tragic year in cities throughout our District,” said Acting United States Attorney Antoinette Bacon. “In Albany, more than 100 people have been shot, including one this weekend, and there have been 15 homicides, including a 17-year old murdered on his way home from a funeral. In Syracuse, 149 people have been shot, and homicides are on pace to set a year-end record. In Troy, an 11-year-old boy was killed last month in a drive-by shooting. The time to take a stand against gun violence is now. Reducing gun violence has been, and will continue to be, one of our District’s top priorities. We must do all we can to ensure that the next time we read about a child in the news, it’s because they won a spelling bee, not because they were the victim of gun violence.”
Of the more than 14,200 cases charged in fiscal year 2020, 64 cases have been brought by the United States Attorney’s Office for the Northern District of New York, announced Acting U.S. Attorney Antoinette Bacon.
“Across the 32-county Northern District of New York we work daily with law enforcement agencies at all levels and local prosecutors to charge criminals who arm themselves with guns,” said Assistant U.S. Attorneys Richard Southwick and Emmet O’Hanlon, who are assigned to prosecute firearms cases for the United States Attorney’s Office for the Northern District of New York.
Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense. The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement such as the National Integrated Ballistic Information Network, known as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473
Mexican Citizen Arrested for SmugglingRead the Press Release
PLATTSBURGH, NEW YORK – Rey David Jimenez-Lopez, age 20, and a citizen of Mexico, was arrested on October 3 and charged by criminal complaint with alien smuggling 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 Jimenez-Lopez was arrested while transporting six illegal aliens, five of whom 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 Jimenez-Lopez and detained the occupants.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Jimenez-Lopez appeared before United Magistrate Judge Gary L. Favro on October 6 and was detained.
If convicted, Jimenez-Lopez faces up to 5 years in prison. 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 six occupants of the vehicle were found to be citizens of Guatemala and Mexico, and illegally present in the United States. Five occupants were expelled to Canada and one was detained by Immigration and Customs Enforcement, and is subject to deportation.
This case is being investigated by United States Border Patrol and prosecuted by Assistant U.S. Attorney Jeffrey Stitt.
Internet Predators: Warnings & Prevention for Families During the Pandemic and BeyondRead the Press Release
ALBANY, NEW YORK - Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, and James P. Kennedy, United States Attorney for the Western District of New York, met today with leaders of the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), and the United States Marshals Service, along with Callahan Walsh from the National Center for Missing and Exploited Children (NCMEC), to warn the public of increased risks to children and teens from online sexual predators. In an era where children are spending more time on the Internet, it is essential that parents, guardians, educators and trusted adults know the risks and how to prevent exploitation.
“Children are spending more time online, for school, for clubs, and for playdates. Parents don’t know all the apps or how to use them, but sexual predators do. They know where the kids are and how to reach them. Just as parents taught kids to be safe at home by locking the doors at night, parents must learn how to keep kids safe online. Computers can be scary. The internet can be intimidating. But in this case, ignorance is not bliss,” said Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York. “The Department of Justice is committed to keeping kids safe. We will continue to pursue online sexual predators, and with increased awareness on the part of parents and communities, we will stop even more.”
“The borderless nature of the Internet has made these crimes which transcend jurisdictional boundaries,” stated United States Attorney Kennedy. “Cases in our district frequently involve victims in the Northern District and vice versa. Working together we will use our prosecutorial resources to do all that we can to protect our kids, but we cannot do it alone. All New Yorkers and all Americans have a duty to protect our children—both in the physical and online world.”
“Homeland Security Investigations is committed to the Safety Pledge initiative, which demonstrates a whole of government commitment to protecting and safeguarding children online,” said Kevin Kelly, HSI Special Agent in Charge. “It is a reminder that we must all dedicate ourselves to implement the critical measures at home and in our communities that are necessary to keep children safe from online predators.”
“Make no mistake about it, investigating and arresting online predators is a top priority for the FBI and our office is leading the charge locally in keeping our most vulnerable safe from the monsters who lurk behind their keyboards. These disturbing individuals are preying on innocent children online and our office is working with our partners to aggressively pursue justice for their victims,” said Thomas F. Relford, Special Agent in Charge, Federal Bureau of Investigation, Albany Field Office.
“At NCMEC, we are dedicated to fighting child sexual abuse online wherever we find it and working to prevent the future victimization of children,” said Callahan Walsh, NCMEC Child Advocate. “With increased screen time experienced by both adults and children during the pandemic, the opportunities for exploiters to pray on our kids has only increased and we encourage parents to talk to their kids about being safe online.”
Lisa Fletcher, the Assistant United States Attorney who oversees the prosecutions of these cases in the Northern District of New York, and has seen hundreds in our district says, “Ensuring the safety of our children is the most important job any of us will ever have. We must all educate ourselves and talk to our children about the risks inherent in the open access the Internet provides. Talk to your kids about what sites they are visiting, what apps they use, whom they are texting and messaging, what kinds of pictures they take of themselves, and what kinds of pictures other people send to them. Encourage them to share with you anything makes them uncomfortable, whether an image, a message, or a solicitation. Showing that you care will go a long way with a child, and that in turn will go a long way in keeping them safe.”
Prevention is key. There are resources available for parents, teachers, and our kids from kindergarten through high school.
- NetSmartz has a number of websites with tool kits, games, videos for all ages, PowerPoints for educators, Tip Sheets and more. Go to NetSmartz.org
- Homeland Security Investigations and NCMEC just launched their SafetyPledge campaign, encouraging parents to pledge to talk with their children about this threat. Their website includes a tool kit packed with information. Go to SafetyPledge.org
- The Federal Bureau of Investigation’s website, entitled Safe Online Surfing, has resources categorized from 3rd grade through 8th grade, for teachers and students. Go to SOS.FBI.gov
Sex Offender Arrested in Menands for Attempting to Entice a ChildRead the Press Release
ALBANY, NEW YORK – Matthew Peters, a 45 year old sex offender from Schenectady, 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 between October 2 and October 7, 2020, Peters initiated and exchanged sexually explicit text messages with an undercover law enforcement officer who was posing as a 14-year-old child named “Brandon” on a popular online social networking site. After learning “Brandon” was 14 years old, Peters repeatedly asked “Brandon” for “nudes” and “live” pictures. Peters also asked “Brandon” to meet him on multiple occasions and discussed engaging in oral and anal sex with “Brandon” when they met. On October 6, Peters arranged to meet “Brandon” the following day in Menands, NY. On October 7, Peters arrived at the prearranged meeting location in Menands, where he was encountered by law enforcement officers and arrested.
Peters appeared in court today for an initial appearance before United States Magistrate Judge Christian Hummel. Judge Hummel scheduled a detention hearing for Friday October 9, 2020. Peters will remain detained pending that hearing.
Due to Peters’ status as a convicted sex offender, the charge against Peters could carry 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.
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.
New York Donut Shop Operators Indicted for Tax EvasionRead the Press Release
A federal grand jury in Syracuse, New York, returned an indictment charging the operators of three donut shops with conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and Acting U.S. Attorney Antoinette T. Bacon for the Northern District of New York.
According to the indictment, John Zourdos, his wife, Helen Zourdos, and their son, Dimitrios Zourdos, all of Rome, New York, operated three Dippin Donuts stores with locations in Rome and New Hartford. From 2013 to 2017, the defendants allegedly concealed more than $1 million in cash sales from the IRS by depositing cash directly into their personal bank accounts instead of business bank accounts, providing incomplete information to their accountant, and causing their accountant to file false individual and corporate tax returns with the IRS. The indictment further alleges that the defendants committed employment tax fraud by paying employees some wages “off the books” in cash.
If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge. The defendants also face a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and Acting U.S. Attorney Bacon commended special agents of IRS-Criminal Investigation, who conducted the investigation. They also thanked Assistant Chief John Kane and Trial Attorney Kimberly Ang of the Tax Division, and Assistant U.S. Attorney Michael Perry who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Dippin Donuts Owners and Adult Son Indicted for $1 Million Tax Evasion SchemeRead the Press Release
SYRACUSE, NEW YORK – A federal grand jury returned an indictment yesterday charging John Zourdos, age 67, Helen Zourdos, age 63, and Dimitrios Zourdos, age 37, all of Rome, New York, with felony counts of conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns. The indictment was announced by Acting United States Attorney Antoinette T. Bacon, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Jonathan D. Larsen, Special Agent in Charge of the New York Field Office of Internal Revenue Service-Criminal Investigation (“IRS-CI”).
The indictment alleges that John and Helen Zourdos own three Dippin Donuts stores in Central New York—two in Rome and one in New Hartford—and that they operate these stores with the assistance of their son, Dimitrios Zourdos. The indictment further alleges that between 2013 and 2017, John, Helen, and Dimitrios concealed more than $1 million in cash sales from the IRS by depositing cash directly into their personal bank accounts instead of their business bank accounts and by providing incomplete information to their accountant and causing the accountant to file false individual and corporate tax returns with the IRS. The indictment further alleges that the defendants committed employment tax fraud by paying employees some of their wages “off the books” in cash.
If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge. The defendants also face up to three years of supervised release after conviction, as well as monetary penalties including restitution.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by IRS-CI, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry along with Assistant Chief John Kane and Trial Attorney Kimberly Ang of the Department of Justice Tax Division.
DeRuyter Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
SYRACUSE, NEW YORK – Matthew Lamb, age 48, of DeRuyter, New York, pled guilty yesterday to two felony counts of failing to register and update a registration as a sex offender after it was discovered that he had two e-mail addresses that he did not disclose to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.
As part of his guilty plea, Lamb admitted that from May 3, 2016 through May 13, 2019, he failed to register a Yahoo! e-mail address that he created on December 10, 2001, as required by SORNA. Further, Lamb admitted that from April 27, 2018 through May 13, 2019, he failed to register and failed to update his registration to disclose a google e-mail address that he created on April 16, 2019, as required by SORNA.
Sentencing is scheduled for February 10, 2021 before Chief Judge Glenn T. Suddaby. Lamb faces a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Marshal Service and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.