Northern District of New York

SYRACUSE, NEW YORK – Randy Tremfer, age 44, of Syracuse, New York, pled guilty today in federal court in Binghamton to one count of transportation of child pornography, announced Acting United States Attorney Antoinette T. Bacon and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

In pleading guilty, Tremfer admitted that on January 24, 2019, he uploaded to Facebook a video containing child pornography, and that he possessed 37 additional videos of child pornography on his Facebook account. Tremfer also admitted that he has a prior conviction in federal court for receipt and possession of child pornography, for which he served a 60-months prison sentence, and that he was on supervised release at the time of the offense for which he pled guilty today.

The charge to which Tremfer pled guilty carries a mandatory minimum sentence of 15 years in prison, a maximum sentence of up to 40 years in prison, a fine of up to $250,000, and a term of supervised release of between five years and life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Tremfer will be sentenced on May 6, 2021, by United States District Judge David N. Hurd, who presides over the case.

This case was investigated by Homeland Security Investigations (HSI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Kristina Hand, age 47, of Morris, New York, pled guilty today to stealing at least $34,000 from her former employer, the Morris Central School District.

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

Hand pled guilty to two counts of federal program theft, for stealing from a school district that received federal funds.

From 2014 through February 2020, Hand was the Treasurer for the Morris Central School District in Otsego County.  In pleading guilty, she admitted that she stole about $24,000 by depositing checks payable to the school district into bank accounts that she controlled.  She also admitted to stealing at least $10,000 more by using the school district’s Amazon account and credit cards to purchase items for her personal use.   

Senior United States District Judge Thomas J. McAvoy is scheduled to sentence Hand on May 11, 2021. She faces up to 10 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  Hand has also agreed to pay $34,000 in restitution to the school district. 

This case was investigated by the FBI, New York State Police, and the Office of the New York State Comptroller, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Carlos Aguayo-Salas, age 26, of Albany, was arrested yesterday and charged with possession with the intent to distribute heroin laced with fentanyl.  

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

Aguayo-Salas appeared yesterday before United States Magistrate Judge Christian F. Hummel and was ordered detained pending a detention hearing scheduled for Monday.  The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Salas carries a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the DEA, Albany County Sheriff’s Office, Albany Police Department, Colonie Police Department, and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.

SYRACUSE, NEW YORK – Chester Hammond, age 44, of Manlius, New York, was arrested yesterday and charged with distributing child pornography, announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett.

According to the criminal complaint, Hammond, a registered sex offender who was convicted in 1996 of attempted sexual abuse in the first degree distributed an image of child pornography over the internet. A subsequent search of Hammond’s cellular telephone revealed that he also possessed over 400 images of child pornography.

The charge against Hammond carries a mandatory minimum sentence of 15 years and a maximum of 40 years in prison, a post-release term of supervision of between five years and life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Hammond made his initial appearance today before Magistrate Judge Andrew T. Baxter and was detained pending further proceedings.

The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

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

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

SYRACUSE, NEW YORK – Aaron Bohannon, age 53, of Utica, New York was sentenced to 20 years imprisonment and a lifetime term of supervised release for his convictions for sexually exploiting a child and distributing child pornography, announced Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of his previously entered guilty plea, Bohannon admitted that he sexually exploited his victim from at least 2018 through June of 2019, recorded the abuse, and distributed the sexually explicit material to others.  Bohannon also admitted that he distributed other sexually explicit images and videos of minors.  Upon release from prison, Bohannon will be required to register as a sex offender.

This case was investigated by the New York State Police, the Oneida County Sheriff’s Office, the Utica Police Department, and the Department of Homeland Security, Homeland Security Investigations (HSI) and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

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

ALBANY, NEW YORK – Today the U.S. Department of Justice unsealed a criminal complaint charging Libyan citizen Abu Agila Mohhamad Masud for his role in building the bomb that destroyed  Pan Am Flight 103 and resulted in the murder of 270 people, announced United States Attorney General William Barr.

The victims who perished in the bombing of Pan Am Flight 103 over Scotland on December 21, 1988 totaled 259 passengers and air crew, along with 11 residents of the village of Lockerbie. Thirty-five of the passengers who lost their lives were Syracuse University Students returning home from study abroad programs, and several others had ties to upstate New York.

“We have a special responsibility to support the families of loved ones who lost their lives in this cowardly and vicious act of terrorism,” said Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York. “Because so many were students from Syracuse University, or people with close ties to this district, we will provide support and assistance to their loved ones as the case moves forward in United States District Court for the District of Columbia. Our office will work closely with the Department of Justice, the United States Attorney’s Office for the District of Columbia, and the FBI, to be a resource for them in the days ahead. Our commitment to do so endures beyond the passing of years.”

ALBANY, NEW YORK – Markhwan Berning, age 36, of Saratoga Springs, New York, was arraigned Friday on an indictment charging him with false representation of a social security number.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Michael C. Mikulka, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (DOL-OIG).

According to the indictment, between May and July 2020, Berning obtained unemployment insurance benefits, including newly created federal pandemic-related benefits, by falsely representing to the New York State Department of Labor a fake social security number as his own.  The charges in the indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

If convicted, Berning faces a maximum of 5 years in prison, a term of supervised release of up to 3 years, and a maximum $250,000 fine.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

Berning appeared on Friday before United States Magistrate Judge Christian F. Hummel, and was ordered released with conditions. 

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. The CARES Act created, among other unemployment insurance benefits, a new temporary federal program called the Federal Pandemic Unemployment Compensation program (FPUC) that provided an additional $600 weekly benefit to those eligible for regular unemployment insurance benefits.

The case is being investigated by DOL-OIG, with assistance from the Federal Bureau of Investigation and New York State Department of Labor, Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

This case is being investigated as part of the Department of Justice’s COVID Fraud Task Force. To learn more about the Department’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus.  The public is urged to report suspected fraud schemes related to COVID-19 to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at: www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.

ALBANY, NEW YORK – David Colon, age 39, and Adalberto Gonzalez, age 56, both of Albany, were ordered detained yesterday after being arrested on Tuesday and charged with possession with the intent to distribute heroin laced with fentanyl.  

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

Both Colon and Gonzalez appeared yesterday before United States Magistrate Judge Christian F. Hummel and were ordered detained pending trial.  The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.

The charges filed against Colon and Gonzalez carry a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the DEA,  Albany County Sheriff’s Office,  Albany Police Department, Colonie Police Department, and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.

SYRACUSE, NEW YORK – Tanner Brown, 24, of Sharon Springs, New York, has been charged by indictment with one felony count of detaining and delaying U.S. mail, announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPS-OIG), Northeast Area Field Office.

Brown was arraigned today in federal court in Syracuse, before United States Magistrate Judge Thérèse Wiley Dancks and was released pending a jury trial to be scheduled in the future. The indictment alleges that Brown, while working as an employee of the United States Postal Service, detained and delayed mail intended for delivery between January 1, 2019, through July 24, 2019, in Onondaga County, New York.

The charge filed against Brown carries a maximum sentence of five years in prison, a fine of up to $250,000, and a term of supervised release of up to three years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

This case is being investigated by the United States Postal Service-Office of Inspector General, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that her office has entered into a Memorandum of Understanding (MOU) with Special Inspector General Brian D. Miller of the Office of the Special Inspector General for Pandemic Recovery (SIGPR), regarding the investigation and prosecution of fraud relating to CARES Act funding.

Acting U.S. Attorney Antoinette T. Bacon stated: “This partnership is part of our effort to investigate and prosecute the fraudsters who have stolen from government-backed relief programs during the coronavirus pandemic.   We look forward to working with SIGPR to prosecute bad actors, deter further fraud, and recover ill-gotten gains.” 

Special Inspector General Brian D. Miller stated: “We will work with the U.S. Attorney’s Office for the Northern District of New York to hold accountable and bring to justice those who improperly take or use taxpayer dollars meant to support the Nation’s economic health and recovery.”

The Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 created SIGPR to investigate the spending of government funds meant to provide economic relief to people and businesses impacted by the coronavirus pandemic.  

The MOU will allow the U.S. Attorney’s Office and SIGPR to enhance their cooperative efforts in investigating and prosecuting matters involving loans, loan guarantees and other investments made by the Secretary of the Treasury under the CARES Act. 

The MOU outlines four objectives: 1) to provide a coordinated response to CARES Act funding fraud, with an emphasis on organized criminal activity, as well as criminal and civil fraud affecting federal money, vulnerable victims, and fraud recidivists; 2) to speed up legal process, case intake, and prosecution of CARES Act-related fraud; 3) to link and associate isolated CARES Act-related complaints with larger schemes and related, unlawful activity; and 4) to deter future CARES Act funding fraud by increasing awareness of successful criminal prosecutions and civil enforcement actions against individuals and companies involved in CARES-related financial fraud.

As part of the MOU, the U.S. Attorney’s Office will designate two Assistant United States Attorneys – one from the Criminal Division and one from the Civil Division – to serve as liaisons for the partnership.   

ALBANY, NEW YORK – Joshua Vega, age 28, of Troy, New York, was sentenced yesterday to 51 months in prison for possessing a firearm and ammunition as a felon.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Thomas F. Relford of the Albany Field Office of the Federal Bureau of Investigations (FBI).

Vega, who has a 2014 felony conviction for criminal sale of a controlled substance (heroin), previously admitted that on April 14, 2018, he possessed a loaded firearm located in his apartment in Troy. 

Senior United States District Judge Norman A. Mordue also sentenced Vega to a 3-year term of supervised release, to begin following his term of imprisonment.

This case was investigated by the FBI Capital District Safe Streets Gang Task Force and the Troy Police Department, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.

ALBANY, NEW YORK – Juan Saez, age 38, of Rochester, New York, was sentenced to serve 87 months in prison for receiving, possessing and storing firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.

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

Senior United States District Judge Norman A. Mordue also sentenced Saez to a 3-year term of supervised release and ordered that he pay restitution of $48,775.47.

Saez, already a felon for a 2014 drug offense, pled guilty on May 7, 2018.  As part of his plea, Saez admitted that on October 24, 2017, he traveled from Rochester to Amsterdam, New York, to meet Christian Roman and Jose Fontanez, who were on the run from law enforcement and hiding out with Omar DeJesus after stealing more than 60 firearms from Target Sports.  Saez agreed to help, and did help, Roman and Fontanez travel to Rochester, along with most of the stolen firearms.  After arriving in Rochester, Saez helped Roman and Fontanez avoid law enforcement and hide or sell the stolen firearms.

Christian Roman, age 25, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges.  He was sentenced to 150 months in prison.

Jose Fontanez, age 38, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges.  He was sentenced to 135 months in prison.

Omar DeJesus, age 32, and Onic Martinez, age 34, both of Amsterdam, pled guilty in 2018 for their respective roles in stealing, transporting, and possessing the firearms.  Both men were sentenced to 120 months in prison.

Dalmary Morales, age 24, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports.  She was sentenced to 57 months in prison.

This case was investigated by the ATF, New York State Police, and the Glenville Police Department, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.

 

 

PLATTSBURGH, NEW YORK – Mario Flores-Arias, age 32, and a citizen of Mexico, was arrested on December 5 and charged by criminal complaint with alien smuggling.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

The criminal complaint alleges that Flores-Arias was arrested while transporting three foreign nationals who had illegally crossed into the United States through the woods near Chateaugay, New York.  Border Patrol Agents stopped Flores-Arias’s vehicle and detained the occupants.

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

Flores-Arias appeared before United Magistrate Judge Gary L. Favro on December 8 and was ordered detained pending trial. 

If convicted, Flores-Arias faces up to 5 years in prison.  The three occupants of the vehicle, all citizens of Vietnam, were found to be illegally present in the United States.  They were detained and expelled to Canada.

This case is being investigated by United States Border Patrol and prosecuted by Assistant U.S. Attorney Jeffrey Stitt.

SYRACUSE, NEW YORK – Ryan Orts, age 31, of Utica, New York, appeared today in federal court on an indictment charging him with distributing ecstasy (MDMA), methamphetamine, and Xanax, announced Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

The charge filed against Orts carries a maximum sentence of 20 years in prison, a fine of up to $1,000,000, and a term of supervised release of at least three years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Orts was arraigned today before United States Magistrate Judge Andrew T. Baxter, and released pending trial before Chief United States District Court Judge Glenn T. Suddaby.

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

This case is being investigated by Homeland Security Investigations, the United States Postal Inspection Service, and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.

SYRACUSE, NEW YORK – Daniel Morales, 36, of Syracuse pled guilty yesterday to causing the sale of firearms and ammunition to a convicted felon, announced Acting United States Attorney Antoinette T. Bacon, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Kenton Buckner, City of Syracuse Police Department.

In pleading guilty yesterday Daniel Morales admitted that he acted as a middleman in the sale of 13 firearms and ammunition recovered in a joint investigation conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department. The investigation in late 2018 and early 2019 included undercover purchases of stolen firearms, fully automatic weapons, illegally short-barreled rifles, and non-commercially fabricated “ghost guns” (pistols and rifles). Morales brokered a series of undercover firearms sales in Syracuse and Solvay from sellers Luis Matos, and later Jovaun Clark.  During these sales, Morales connected the illegal firearms sellers with the undercover buyer for a fee paid in cash. The sales of the firearms included:

• one (1) Ruger, model 10-22RB Carbine rifle, caliber .22LR
• one (1) Marlin, model 1894 Carbine rifle, .357 caliber
• one (1) Marlin, model 1894 Carbine rifle, .357 caliber
• one (1) stolen Gristmill MFG, Valley Arms model XM177ES, .223/.556 caliber rifle with illegally short barrel
• one (1) grey and black P80, unserialized 9mm caliber “ghost gun” pistol
• one (1) black P80, un-serialized .40 caliber “ghost gun” pistol
• one (1) grey and black P80, unserialized .40 caliber “ghost” gun pistol with a threaded barrel
• one (1) fully automatic tan and black P80, un-serialized .40 caliber “ghost gun” pistol
• one stolen (1) Ruger, model Mini-Thirty, 7.62 caliber rifle
• one (1) grey and black rifle bearing no make, model or serial number, .223 caliber, with an illegally short-barrel
• one (1) fully automatic grey and black P80 9mm caliber unserialized “ghost gun” pistol
• one (1) Smith and Wesson, model 5906 9mm pistol
• one (1) black and tan semiautomatic pistol with extendable grip, caliber 5.56 x 45 mm, bearing no serial number.

 

Luis Matos pled guilty to being a felon in possession of firearms and was sentenced on July 28, 2020, to serve 60-months in federal prison, followed by a 3-year term of supervised release.

Jovaun Clark is charged in a pending indictment with several firearms offenses. The charges in the indictment are merely accusations and he is innocent until or unless proven guilty

This case was investigated by The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department-Special Investigations Division, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

ALBANY, NEW YORK – Robert J. Chaires, age 40, of Schenectady, New York, was sentenced today to 120 months in prison for twice distributing crack cocaine in 2017.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). Chaires admitted that on January 20, 2017 and again on March 2, 2017, he sold more than 28 grams of cocaine base (a/k/a crack cocaine) to a buyer in Schenectady.

Senior United States District Judge Frederick J. Scullin, Jr. also sentenced Chaires to 4 years of supervised release, to begin after his term of imprisonment.

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Dean Picariello, age 30, of Valhalla, New York, was arrested yesterday and charged with attempting to entice or coerce a child.  

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

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

The criminal complaint alleges that, on November 4, 2020, Picariello initiated a conversation with an undercover police officer posing as a 12-year-old girl in a teen chat group on a popular social media messaging application.  Picariello engaged in sexually explicit conversation with the undercover officer, graphically describing the sex acts he would perform on the 12-year-old child when they met in person.  In late November, Picariello began exchanging sexually explicit text messages with a second undercover officer posing as the 12-year-old girl’s younger cousin.  On December 3, 2020, Picariello arranged to travel from Valhalla to Menands, to meet and have sex with the cousins.   When Picariello arrived at the prearranged meeting location in Menands, he was encountered by law enforcement officers and arrested. 

Picariello appeared today before United States Magistrate Judge Christian F. Hummel.  Picariello will remain detained pending trial. 

The charge against Picariello carries a sentence of at least 10 years and up to life in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. If convicted, Picariello would also have to register as a sex offender.

This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant United States Attorney Rachel Williams. 

Anyone with information about this defendant is encouraged to contact the FBI Albany Field Office at (518) 465-7551. 

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

SYRACUSE, NEW YORK – Jamar Long, 25, and Reddell Smith, 35, both of Syracuse, were sentenced today to serve 210 months (Long), and 78 months (Smith), respectively, in federal prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Syracuse Police Chief Kenton Buckner.  Senior United State District Judge Frederick J. Scullin, Jr. also ordered Long and Smith to serve three years of supervised release following their terms of incarceration.

During his guilty plea, Long admitted to driving a car from which co-defendant and fellow 110 Gang member Anthony Hopper fired multiple shots at an individual in October 2014 – identified in the indictment as “Victim-3” – which caused that individual to lose control of his car, crash into a tree,  and die.  A federal jury found Anthony Hopper guilty of RICO violations, including Victim 3’s death, following a trial in October 2019.  Long also admitted to selling drugs in 110 Gang territory.  In imposing sentence, Senior Judge Scullin found that Long had possessed weapons and committed other acts of violence on behalf of the gang.

During his guilty plea, Smith admitted to stabbing another individual in December 2017 while with co-defendant and fellow 110 Gang member Damani Prince.  Smith also admitted to selling crack cocaine in 110 Gang territory during 2017.  Smith was previously convicted in 2011 of RICO violations, based on his membership in the 110 Gang.  Smith was also sentenced today to serve an additional 13 months in prison for violating the terms of his supervised release on the 2011 RICO conviction.

Long and Smith were among fourteen defendants charged in the case.  All of the defendants have either pleaded guilty or been convicted following trial.  Previously sentenced 110 Gang RICO defendants in this case include:

• Anthony Hopper was sentenced to 385 months in prison, followed by a 5-year term of supervised release;
• Damani Prince was sentenced to 78 months in prison, followed by a 3-year term of supervised release;
• Rashawn Wynn was sentenced to 92 months in prison, followed by a 3-year term of supervised release;
• Davon Sullivan was sentenced to 68 months in prison, followed by a 3-year term of supervised release;
• Qualik Vaughn was sentenced to 68 months in prison, followed by a 3-year term of supervised release;
• Jason Lebron was sentenced to 92 months in prison, followed by a 3-year term of supervised release;
• Javon Peterson was sentenced to 98 months in prison, followed by a 3-year term of supervised release;
• Daquan Dowdell was sentenced to 120 months in prison, followed by a 3-year term of supervised release;
• Terry Linen was sentenced to 110 months in prison, followed by a 3-year term of supervised release;
• Deshawnte Waller was sentenced to 80 months in prison, followed by a 3-year term of supervised release; and
• Kemnorris Kinsey was sentenced to 150 months in prison, followed by a 3-year term of supervised release.

 

This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office.  This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.

This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SYRACUSE, NEW YORK – Jamal Hassan, age 42, of Liverpool and Saddam Hassan, age 39, of East Syracuse were sentenced yesterday for conspiring to traffic in contraband cigarettes. Jamal Hassan was also sentenced yesterday for his guilty plea to one count of conspiracy to commit money laundering.  The announcement was made by Acting United States Antoinette T. Bacon, Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), Jonathan D. Larsen, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI)-New York Field Division, Commissioner Michael R. Schmidt,  New York State Department of Taxation and Finance, Chief Terence A. Monahan, New York City Police Department, and Chief Kenton Buckner, City of Syracuse Police Department

Senior Judge Norman A. Mordue sentenced Jamal Hassan to serve 30-months in prison and ordered a three-year term of supervised release to follow.  Senior Judge Mordue sentenced Saddam Hassan to serve 24- months in prison and a three-year term of supervised release.  Senior Judge Mordue ordered both defendants to pay $1,117,080 in restitution to New York State, which represents the tax loss from the sale of the contraband cigarettes.  Additionally, the court imposed a $400,000 money judgment against both defendants. 

In pleading guilty the Hassan brothers admitted that they conspired to possess, sell, distribute, and purchase over 5 million contraband cigarettes.  During searches at their residence and at a storage facility rented by Jamal Hassan and used by Saddam Hassan, law enforcement officers seized over 250,000 contraband cigarettes and over 760 counterfeit New York State tax stamps.  The Hassan brothers further admitted that they sold contraband cigarettes to markets and deli stores in the Syracuse area resulting in a loss of tax revenue to New York State in the amount of $1,117,080.   

This case was investigated by Homeland Security Investigation (HSI) Buffalo Field Office; Internal Revenue Service-Criminal Investigation; the New York City Police Department (Intelligence Bureau-Strategic Intelligence Unit); the New York State Department of Taxation and Finance; the Oswego County Drug Task Force; and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Tamara B. Thomson.

 

ALBANY, NEW YORK – Acting U.S. Attorney Antoinette T. Bacon announced today her office’s participation in a nationwide Money Mule Initiative, a coordinated operation to disrupt the networks through which transnational fraudsters move the proceeds of their crimes. Money mules are people who assist fraudsters by collecting money from victims of fraud and forwarding it to the fraud organizers, many of whom are located overseas. Some money mules know they are helping fraudsters, but others are unaware that their actions enable fraudsters’ efforts to swindle money from consumers, businesses, and government unemployment funds.

Acting U.S. Attorney Antoinette T. Bacon stated: “It is critical for everyone to understand how criminals use “money mules” so that they can protect themselves and their loved ones from getting caught up in illegal activity. Sadly, the criminals often target our most vulnerable and lonely, particularly the elderly. We all need to work together to keep our community safe.  Please be aware and think twice if you, your loved one, or neighbor is approached.”

In addition to criminal investigations, the agencies participating in the Money Mule Initiative and community partners are undertaking an outreach campaign to increase awareness of how fraudsters use and recruit money mules. Through our Elder Justice Coordinators, Shira Hoffman and Christopher Moran, our office will be reaching out to our communities to educate the public about money mules.

To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit https://www.justice.gov/civil/consumer-protection-branch/money-mule-initiative

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.

Additional information is available in the attached “Money Mule” document.  Please distribute in every way possible.

SYRACUSE, NEW YORK – Daniel Miller, 26, of Stamford, New York, pled guilty today to two counts of transportation of child pornography announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Thomas F. Relford of the Albany Field Office of the Federal Bureau of Investigations (FBI).

Miller was previously convicted of Promoting an Obscene Sexual Performance by a Child in 2015 as well as First Degree Sexual Assault and Endangering the Welfare of a Child in 2017.  As part of his guilty plea today, Miller admitted that, on August 11 and August 14 of 2017, while on probation related to his prior convictions, he uploaded images and videos of child pornography to his DropBox account using a cellphone he was not permitted to have under the terms of his probation.

Sentencing is scheduled for March 24, 2021, before Hon. Thomas J. McAvoy in Binghamton, New York, at which time Miller faces a minimum sentence of 15 years, with a maximum of up to 40 years in prison on each count, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  Miller will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

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

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

SYRACUSE, NEW YORK – Ivan Chernev, age 51, and a citizen of Canada and Bulgaria, was sentenced today to 68 months in prison for a fraudulent scheme that targeted small businesses, medical providers and schools across the country.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service; and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

 As part of his guilty plea on June 26, 2020, Chernev admitted that he and two co-conspirators stole at least $1.25 million from over 1,300 small businesses, medical providers and schools by claiming that the victims owed money for online directory listings that the defendant and his co-conspirators purported to have provided through companies that they created.  Chernev admitted that he and his co-conspirators sent false invoices to the victims indicating that they had ordered these online advertising services when no such services had ever been ordered or received.  When the victims failed to pay the invoices, Chernev and his co-conspirators sent them fake collections notices.  The invoices and collections notices directed the victims to mail checks to various addresses throughout the United States, which were simply Post Office boxes that Chernev and his co-conspirators rented in the names of their companies. The checks were then forwarded to Chernev and his co-conspirators in Quebec, Canada.

Senior United States District Judge Frederick J. Scullin, Jr. also ordered Chernev to pay restitution to his victims, pay a money judgment in the amount of $1.25 million, and serve 3 years of post-imprisonment supervised release.

This case was investigated by the United States Postal Inspection Service, Homeland Security Investigations, and the Royal Canadian Mounted Police, with assistance from the Federal Trade Commission.  It was prosecuted by Assistant U.S. Attorney Katherine Kopita.  Chernev was extradited from Italy to the United States in November 2019 with assistance from the Department of Justice Office of International Affairs.

BINGHAMTON, NEW YORK - Jacob Gorman, age 39, of Waverly, New York, pled guilty today to attempted online enticement of a minor.  The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

As part of his guilty plea Gorman admitted that between August 11, 2020 and August 27, 2020, he exchanged text messages with an undercover officer he believed was the mother of a 9-year old girl.  In those messages, Gorman expressed an interest in meeting the child and engaging in sex acts with her.  Gorman negotiated a price he was willing to pay to engage in sex acts with the child and on August 27, 2020, drove to a pre-determined location in Broome County to meet and have sex with the child.  Gorman was then encountered by law enforcement and arrested. 

As a result of his conviction, Gorman faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, a maximum fine of $250,000, and a term of supervised release of between five years and life.  He will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Sentencing is scheduled for March 23, 2021 before Senior United States District Judge Thomas J. McAvoy.  

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

ALBANY, NEW YORK - Dyshawn Fisher, age 25, of Troy, New York, was sentenced last week to 75 months in prison for possessing and intending to distribute marijuana, possessing a firearm as a felon, and possessing a firearm in furtherance of a drug trafficking crime.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Thomas F. Relford of the Albany Field Office of the Federal Bureau of Investigations (FBI).

Fisher, who has a prior felony conviction for attempted burglary, admitted that on June 5, 2018, while distributing marijuana out of a residence in Troy, he fired multiple shots down the street in order to protect his marijuana distribution operation. Fisher further admitted to possessing and intending to sell the marijuana that was recovered from inside the residence.

Senior United States District Judge Gary L. Sharpe also sentenced Fisher to a 5-year term of supervised release, to begin following his term of imprisonment.

This case was being investigated by the FBI and prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.

ALBANY, NEW YORK – Garrick Bailey, age 29, Chavon Sutton, age 30, Timothy Kingsland, age 56, and Tracey Kingsland, age 48, all of Schenectady, New York, and Christina Altieri, age 46, of Clifton Park, New York, were arrested last week and charged by criminal complaint with drug crimes.  Sutton is charged with distributing cocaine base (a/k/a crack cocaine) and heroin.  The other four defendants are charged with distributing cocaine base.  The alleged conduct occurred between September 15 and November 17, 2020. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. Devito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The charges in the complaints are merely accusations.  The defendants are presumed innocent unless and until proven guilty.  The defendants initially appeared in court on November 24, 2020 before United States Magistrate Judge Daniel J. Stewart.  Following detention hearings, Bailey and Sutton were ordered detained pending trial, and Timothy Kingsland, Tracey Kingsland and Christina Altieri were ordered released on conditions.

If convicted, Bailey faces at least 10 years and up to life in prison, and a term of post-release supervision of at least 8 years and up to life.  The remaining defendants each face sentences of at least 5 years and up to 40 years in prison, and a term of post-release supervision of at least 4 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

The arrests and investigation are the culmination of a multi-agency investigation conducted by the ATF, the New York State Police, the Schenectady Police Department, the Albany Police Department, the Albany County Sheriff’s Office, the Rotterdam Police Department, and the United States Marshals Service.

The cases are being prosecuted by Assistant U.S. Attorney Robert A. Sharpe.

UTICA, NEW YORK – Guisseppi Osorio, age 27, of the Bronx, New York, pled guilty yesterday to possessing and intending to distribute a kilogram of heroin.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; and New York State Police Superintendent Keith Corlett.

Osorio admitted that on February 11, 2020, he hid 1,006 grams of heroin in the rear quarter panel of a vehicle.  Once in Peru, New York, Osorio and his co-defendant driver, Alcibiades Fernandez-Nunez, were pulled over by the New York State Police.  A subsequent search of the vehicle resulted in the police finding the heroin that the pair intended to distribute in Plattsburgh.

Osorio faces at least 10 years and up to life in prison, and at least 5 years of post-imprisonment supervised release, when United States District Judge David N. Hurd sentences him on March 18, 2021.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Fernandez-Nunez pled guilty to the same charge on August 13, 2020 and is scheduled to be sentenced on February 10, 2021.

The case was investigated by the DEA, with assistance from the New York States Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Robert Kirk, age 37, of Schenectady, New York, was sentenced today to 40 years in prison for sexually exploiting a child, and distributing and possessing child pornography.

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

Kirk previously admitted that on two occasions in July 2018, he used a sleeping child to create sexually explicit images and videos on his phone, including videos and images of himself touching the vagina of the minor over clothing and of the minor’s unclothed vaginal area. Kirk also admitted to distributing child pornography, including an image of the minor, as well as images depicting other children, over a group messaging application, and to possessing hundreds of images of child pornography.

Senior United States District Judge Norman A. Mordue also sentenced Kirk to a 25-year term of supervised released, to begin following his term of imprisonment.

This case was investigated by HSI, with assistance from the New York State Police, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

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

ALBANY, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that the U.S. Attorney’s Office for the Northern District of New York has been allocated funding to hire a prosecutor, for a one-year term, who will focus on cases involving fraudulent schemes to unlawfully obtain unemployment insurance (UI) benefits, and related offenses.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 allocated $270 billion for supplemental federal UI benefits. Additionally, President Trump directed that $44 billion in federal Disaster Relief Funds be used to provide supplemental UI benefits to eligible claimants. The substantial increase in funding for UI benefits spurred a dramatic spike in UI fraud across the country, resulting in the theft of federal funds intended to help those struggling with unemployment during the current pandemic and economic crisis. 

Acting U.S. Attorney Antoinette T. Bacon stated: “We are grateful for the creation of this additional Assistant U.S. Attorney position, which will add to our existing efforts to prosecute, prevent and deter the torrent of unemployment insurance fraud that we have seen since the pandemic started.  These investigations are complex – in some instances, involving thousands of unemployment claims filed in the names of people whose identities have been stolen – and often involve organized fraud rings based overseas. The Department of Justice, along with its federal and state partners, is aggressively pursuing these pernicious frauds that target programs created for people struggling with the economic effects of the coronavirus pandemic.”

The Department of Justice, in close coordination with the U.S. Department of Labor and other federal agencies, created the U.S. Department of Justice National Unemployment Insurance Fraud Task Force. This task force is charged with investigating numerous CARES Act fraud schemes targeting the unemployment insurance programs of state workforce agencies and will work closely with United States Attorney’s’ offices to prosecute those individuals who have fraudulently diverted these funds from those struggling with unemployment. 

The Department encourages the public to report suspected fraud schemes related to COVID-19 to the National Center for Disaster Fraud (NCDF) hotline by phone (1-866-720-5721) or via an online reporting form available at https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form

SYRACUSE, NEW YORK – Ryan Maher, age 34, of Cicero, New York, was arrested yesterday  and charged with receiving child pornography, announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett.

According to the criminal complaint filed yesterday, Maher, a registered sex offender who was convicted in 2012 of sexual abuse in the second degree – sexual contact with a person less than 14 years old – acquired approximately 4000 images of child pornography on the internet and saved that material to a thumb drive. 

The charge against Maher carries a mandatory minimum sentence of 15 years and a maximum of 40 years in prison, a post-release term of supervision of between five years and life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Maher made his initial appearance yesterday before Magistrate Judge Thérèse Wiley Dancks and was detained pending further proceedings.

The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force.  This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as a part of Project Safe Childhood.

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

SYRACUSE, NEW YORK – Troy Lyons, age 33, of Hogansburg, New York, was sentenced today to serve 90 months in prison, to be followed by four years of supervised release, based on his conviction for membership in a federal drug trafficking conspiracy, announced Acting United States Attorney Antoinette T. Bacon, Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), Chief Kenton Buckner, City of Syracuse Police Department, and Investigator C.J. Tonkin, Coordinator for the Oswego County Drug Task Force.

As part of his guilty plea, Lyons admitted to conspiring with two other individuals to transport approximately fifty (50) kilograms of cocaine from California to Canada.  Lyons arranged for a courier to transport the cocaine from California to Syracuse, New York, and for another courier to transport the cocaine from Syracuse to Canada.   Law enforcement officers seized the drugs on February 10, 2018, when one of the couriers was stopped in Syracuse

This case was investigated by Homeland Security Investigations, U.S. Internal Revenue Service- Criminal Investigation  (IRS-CI), United States Border Patrol, the Oswego County Drug Task Force, the Oswego County Sheriff’s Department, the City of Oswego Police Department, the Oneida Reservation Police and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

SYRACUSE, NEW YORK – John Flinn, age 26, formerly of Canastota, New York, pled guilty yesterday to one count of sexual exploitation of a child, announced Acting United States Attorney Antoinette T. Bacon, Special Agent in Charge Kevin Kelly, Homeland Security Investigations (HSI), Buffalo, New York, Special Agent in Charge Kevin D. Sibley, Homeland Security Investigations (HSI) Tampa, Florida, and New York State Police Superintendent Keith Corlett.

Sentencing is scheduled for March 16, 2021, at which time Flinn faces a minimum of 15 years and up to 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  Flinn also will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

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

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

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

ALBANY, NEW YORK – Jean Luis Colon, age 23, of Troy, New York, pled guilty today to possessing and intending to distribute heroin, and to possessing a firearm with an altered serial number.

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

Colon admitted that he possessed approximately 2,050 small bags of heroin that he intended to sell, which law enforcement seized when they executed a search warrant on his residence on August 21, 2020.  Some of the heroin bags were stamped with the words “Corona Virus,” according to a criminal complaint previously filed in the case.  Colon also admitted to possessing a .38 caliber Smith and Wesson revolver with a scratched serial number. 

Colon, who has been in custody since his arrest on August 21, faces up to 25 years in prison, and at least 3 years of post-imprisonment supervised release, when Chief United States District Judge Glenn T. Suddaby sentences him on April 22, 2021.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This prosecution was the result of a joint investigation by the DEA, Troy Police Department, the New York State Police Special Investigations Unit, and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett with assistance from the Rensselaer County District Attorney's Office.

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.

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.

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, 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.

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, 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.

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.

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/.

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

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

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.

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/.

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.

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

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.

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.

 

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.

 

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[1] Gates is charged by complaint with the same offenses, which are merely accusations, and she is presumed innocent unless and until proven guilty. 

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.