Northern District of New York

SYRACUSE, NEW YORK – Jennifer Caloia, age 56, a licensed pharmacist who owned and operated Dougherty Pharmacy in Morrisville, New York, from 1998 to 2015, pled guilty today in federal court in Utica to one felony count of health care fraud, announced Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General; Ralph D. Tortora III, Regional Director, New York Attorney General’s Medicaid Fraud Control Unit, Syracuse Office; Carol S. Hamilton, Regional Director, U.S. Department of Labor Employee Benefits Security Administration (DOL EBSA); and Superintendent Linda A. Lacewell, New York State Department of Financial Services.

In pleading guilty, Jennifer Caloia admitted that between 2011 and 2015, she defrauded public and private health insurance programs by submitting false and fraudulent claims for prescription drugs that the pharmacy did not dispense. Caloia also admitted that customers submitting prescriptions for medications had their health insurance providers billed for more expensive drugs than those prescribed. To facilitate this scheme, the defendant changed the names of some of the prescription drugs in the software she used to communicate with insurance companies and to print drug labels, which allowed her to submit her fraudulent claims while providing the customer with the appropriate labels and instructions. Caloia further admitted that she personally obtained $110,431.02 in unrecovered proceeds in connection with her health care fraud scheme. She no longer owns or operates Dougherty Pharmacy.

Sentencing is scheduled for February 24, 2021 in federal court in Utica, at which time Caloia faces up to ten years in prison; a fine of up to $250,000; and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. In her plea agreement, Caloia has agreed to pay restitution in the amount of $110,431.02 to the public and private insurers affected by her fraud scheme.

In separately negotiated civil settlements with the Civil Division of the United States Attorney’s Office for the Northern District of New York and the New York State Attorney General’s Office, Caloia and her company agreed to pay $92,308.76 related to her submission of false claims to public insurers such as Medicare and Medicaid. The civil settlement resolves a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, knowns as “relators,” to file civil actions on behalf of the government and share in any recovery.  The relator in this case will receive $19,332.76 of the settlement proceeds. The federal civil case is docketed with the United States District Court for the Northern District of New York under number 6:17-cv-92 (BKS/ATB).

This case was investigated by the Federal Bureau of Investigation (FBI); the U.S. Department of Health and Human Services, Office of Inspector General; the U.S. Drug Enforcement Administration (DEA), the U.S. Department of Labor-Employee Benefits Security Administration (DOL EBSA), New York Attorney General’s Medicaid Fraud Control Unit; and the New York State Department of Financial Services, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry. The civil investigation is being handled by Assistant United States Attorney John Hoggan and Special Assistant Attorney General Paul Berry.

ALBANY, NEW YORK – James Workman, age 32, of Conquest, New York, was arrested today and charged by criminal complaint with unlawfully possessing a firearm as a felon on October 6, 2020.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Cayuga County Sheriff Brian Schenck.

The criminal complaint alleges that Workman, a felon, possessed and discharged a .30-06 caliber rifle at his residence in Conquest, on October 6, 2020. Authorities also located several rounds of ammunition at his residence.

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

If convicted, Workman faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Workman appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained.

This case was investigated by the FBI, ATF, and the Cayuga County Sheriff’s Department, as well as Immigration and Customs Enforcement (ICE), the Office of Special Investigation for the New York State Department of Corrections and Community Supervision (DOCCS), and the Schenectady Police Department. The case is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping.

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

SYRACUSE, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that Assistant United States Attorneys (AUSAs) Michael F. Perry and Joshua R. Rosenthal will lead the efforts of the Northern District of New York in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election.  AUSAs Perry and Rosenthal have been appointed to serve as the District Election Officers (DEOs) for the Northern District of New York, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.

Acting United States Attorney Bacon said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will always act appropriately to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, Acting United States Attorney Bacon stated that AUSAs Perry and Rosenthal will be on duty in this District while the polls are open.  They can be reached by the public at the following telephone numbers: 315-448-0913 (AUSA Perry) and 518-431-0389 (AUSA Rosenthal).

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at 518-465-7551.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and they nearly always have faster reaction capacity in an emergency.

Acting United States Attorney Bacon said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”

ALBANY, NEW YORK – Luis Rivera, age 34, of Albany, was sentenced today to 46 months in prison for unlawfully possessing a firearm as a felon.

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

Rivera, who has three prior felony convictions, previously admitted that on January 31, 2019, he possessed a Taurus PT 738 .380 caliber pistol.

United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release, to begin after Rivera’s release from prison.

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

ALBANY, NEW YORK – Rhamel G. Pate, age 39,  of Schenectady, New York, was charged today by a superseding indictment alleging three drug trafficking offenses and two gun possession charges.

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

Pate was first indicted on March 21, 2019, on one count of conspiracy to distribute and possess with intent to distribute crack cocaine and one count of distribution of crack cocaine. The superseding indictment additionally charges Pate with one count of possession with intent to distribute crack cocaine, one count of possession of firearms in furtherance of a drug trafficking crime, and one count of being a felon in possession of firearms. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Pate faces a minimum sentence of 5 years in prison and a maximum sentence of 40 years, for the drug conspiracy and possession charges, and a maximum sentence of 20 years for the drug distribution charge. For the charge of possession of firearms in furtherance of a drug trafficking crime, Pate faces a minimum sentence of 5 years, to be served after any other term of imprisonment is complete. For being a felon in possession of firearms, Pate faces a maximum sentence of 10 years.

A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the FBI and its Capital District Safe Streets Gang Task Force, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

ALBANY, NEW YORK – Carlo Di Padova, age 61, was indicted today for sending a letter from the Auburn Correctional Facility, addressed to a United States Senator, containing a white powdery substance and a message stating that Di Padova planned to have someone shoot the Senator in the head.

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

Di Padova, now housed at the New York State Correctional Facility located in Malone, New York, is charged with mailing a threatening communication and impeding, intimidating, and interfering with a federal official by threat. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty. The powder in the letter was determined to be an innocuous substance.

Each charge filed against Di Padova carries a maximum sentence of 10 years in prison and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the FBI’s Joint Terrorism Task Force (JTTF), and the New York State Department of Correction and Community Supervision, Office of Special Investigation, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

SYRACUSE, NEW YORK – Kemnorris Kinsey, age 33, of Syracuse, was sentenced today to serve 150 months in federal prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Syracuse Police Chief Kenton Buckner.  Senior United State District Judge Frederick J. Scullin, Jr. also ordered Kinsey to serve three years of supervised release following his term of incarceration.

In imposing sentence, Senior United State District Judge Frederick J. Scullin, Jr., found that Kinsey was personally involved in drug trafficking, gun possession, and at least one shooting, on behalf of the gang.

Kinsey was one of fourteen defendants charged in the case.  All of the defendants have either pleaded guilty or been convicted following trial.  Previously sentenced 110 Gang RICO defendants in this case include:

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

 

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

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

ALBANY, NEW YORK – Jenelle L. Plumadore, age 39, of Schenectady, New York, was arraigned last week on an indictment charging her with concealing her assets and resources, and making false statements, in connection with obtaining Supplemental Security Income (SSI) benefits for her and a relative. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.

The indictment alleges that Plumadore failed to disclose her assets and resources to the SSA from March through September 2016, and that as a result she and a relative in her care were able to receive SSI benefit payments to which they were not entitled. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Plumadore was arraigned on October 14 in Albany before United States Magistrate Judge Christian F. Hummel, and ordered released pending trial.

The charges against Plumadore carry a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

SYRACUSE, NEW YORK -  Logan Decker, 28, of Sioux Falls, South Dakota, was sentenced in federal court today to serve 528 months (44 years) in federal prison for his part in the sexual exploitation of a two-year-old child, announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent-in-Charge, Federal Bureau of Investigation (FBI), Albany Field Office, and New York State Police Superintendent Keith Corlett.

In December 2019, Decker, who formerly lived in Jefferson County, pled guilty to all counts of a seven-count indictment, admitting that he conspired with his wife, Amber Decker, to sexually exploit the two-year-old for the purpose of producing images and videos of the abuse.  Decker also admitted that on several occasions in July and August 2018, while he was living in Sioux Falls South Dakota and his wife was in Jefferson County, he demanded that his wife sexually abuse the child and upload video files of the abuse to a cloud storage account for him to view.  Recovered text messages revealed that Logan Decker was also planning a trip to New York, and that he and his wife discussed the continued abuse of the two-year-old, as well as the abuse of two other children, once Logan Decker arrived.  However, before that trip could happen both of the Deckers were arrested after a family member saw some of the disturbing texts on Amber Decker’s phone and called the police.

United States District Judge David N. Hurd also imposed a term of supervised release of 25 years to follow Decker’s term of incarceration, at which time he will also be required to register as a sex offender. 

Amber Decker pled guilty to the same offenses, and was sentenced in August to serve 22 years in federal prison for her role in the offenses.

This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency, the New York State Police, the Jefferson County Sheriff’s Office, and the Sioux Falls, South Dakota Police Department, and prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York. 

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

ALBANY, NEW YORK – Jen Wong, age 28, of Staten Island, New York, pled guilty today to possessing and intending to distribute 109 pounds of marijuana in Clinton County.

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

As part of his guilty plea, Wong admitted that on July 23, 2019, he transported three hockey bags containing 109 pounds of marijuana with the intent to distribute the drugs in the Northern District of New York.  Wong admitted that he was heading south on Interstate 87 near Plattsburgh, New York, when he was pulled over by police.  Wong admitted that he had the hockey bags in the vehicle’s rear seat; the bags were full of multiple vacuum-sealed plastic bags of marijuana, totaling 109 pounds.

Chief United States District Judge Glenn T. Suddaby scheduled sentencing for March 2, 2021. 

Wong faces up to 5 years in prison and will be subject to at least 2 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Troy Anderson.

ALBANY, NEW YORK – Jody Lyons, age 53, of Schenectady, New York, pled guilty today to stealing the Social Security benefits of her deceased mother for several years after her mother’s death in January 2015.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.

As part of her guilty plea, Lyons admitted that beginning the month of her mother’s death, she withdrew and spent Social Security benefits that continued to be deposited into her mother’s bank account until August 2018, when the SSA learned of the death and benefit payments ceased.  Lyons also admitted that she withdrew and spent her mother’s Social Security benefits despite knowing what the benefits were, that the benefits were intended for her mother, and that Lyons was not entitled to the money.

Sentencing is scheduled for March 5, 2021 before United States District Judge Mae A. D’Agostino.   Lyons faces up to 10 years in prison, up to 3 years of supervised release, and a fine of up to $250,000.  Additionally, Lyons has agreed to pay $95,961.00 in restitution to the SSA.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

ALBANY, NEW YORK – Thomas Critten, age 30, of Jersey City, New Jersey, was sentenced today to 87 months in prison for possessing and intending to distribute crack cocaine in St. Lawrence County.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and St. Lawrence County Sheriff Brooks J. Bigwarfe.

As part of his guilty plea, Critten admitted that on December 20, 2018, he brought 104 grams of grams of crack cocaine to Massena, New York, with the intent of distributing it.  Critten admitted he had hidden two bags of crack cocaine in his underwear, and that police discovered it during a search for an unrelated arrest.  Critten admitted that he was to deliver the crack to a house in Masenna, and was to be paid $1,000 for the delivery.  

Chief United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release, to begin after Critten’s release from prison.

This case was investigated by the St. Lawrence County Drug Task Force and was prosecuted by Assistant U.S. Attorney Troy Anderson.

ALBANY, NEW YORK – Hailang Xie, age 25, of Brooklyn, New York, pled guilty today to possessing and intending to distribute 131 pounds of marijuana in Clinton County.

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

As part of his guilty plea, Xie admitted that on July 23, 2019, he transported four hockey bags containing 131 pounds of marijuana with the intent to distribute the drugs in the Northern District of New York.  Xie admitted that he was heading south on Interstate 87 near Plattsburgh, New York, when he was pulled over by police.  Xie admitted that he had the hockey bags in the vehicle’s rear seat; the bags were full of multiple vacuum-sealed plastic bags of marijuana, totaling 131 pounds.

Chief United States District Judge Glenn T. Suddaby scheduled sentencing for March 2, 2021. 

Xie faces up to 20 years in prison and will be subject to at least 3 years of supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Troy Anderson.

ALBANY, NEW YORK – Hilario Renato Mendoza Beltran, age 47, and a citizen of Peru, pled guilty today to conspiring to distribute over 5 kilograms of cocaine and conspiring to launder the proceeds of an international cocaine trafficking organization.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division; Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation; and Kevin Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.

Between August 2014 and March 30, 2016, a money laundering and drug trafficking organization based in Montreal, Canada, collected the cash proceeds from selling marijuana in the United States and cocaine in Canada.  The cash was delivered to couriers in, among other places, Albany County, Ulster County, and Montreal so that the cash could be delivered, either by a courier or by wire, to cocaine suppliers to purchase cocaine.  At least $1 million was sent to Chicago, Los Angeles, Peru, Mexico and Colombia; money was also wired to China.  The organization then arranged for the smuggling of cocaine back to Canada, and transported some of the cocaine through northern New York.

Mendoza Beltran’s guilty plea follows his formal extradition from Peru to the Northern District of New York in August 2019.

As part of his guilty plea, Mendoza Beltran admitted that between October and December 2014, he acted as a Peru-based operative for the organization by receiving and transporting approximately $472,000 in drug proceeds, and arranging for the delivery of approximately 140 kilograms of cocaine to co-conspirators in Piura, Peru.  Pilots working for the organization then picked up the cocaine at a clandestine airstrip outside of Piura, and flew it to Guatemala, and then on to Mexico, where it was smuggled into the United States.

Mendoza Beltran’s sentencing is scheduled for February 22, 2021 before United States District Judge Mae A. D’Agostino.  Mendoza Beltran faces up to life in prison, at least 5 years of post-imprisonment supervised release, and a maximum $10 million fine.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

As part of the same case, all of the following people have pled guilty before Judge D’Agostino, and several have been sentenced.

 

Name

Age

Residence

Charges

Sentence and/or Sentencing Date

Iraklis Haviaropoulos

43

Montreal, Canada

Cocaine conspiracy
> 5 kilograms

 

International money laundering conspiracy

January 26, 2021

Carlos Alberto Ocampo Garcia

58

Cali, Colombia

Cocaine conspiracy
> 5 kilograms

 

International money laundering conspiracy

December 1, 2020

Matthew Fernandes

37

Montreal, Canada

Cocaine conspiracy
> 5 kilograms

 

87 months in prison

Jose Mauricio Ortiz Bolanos

32

Cali, Colombia

Cocaine conspiracy
> 5 kilograms

 

International money laundering conspiracy

78 months in prison

Eduardo Nunez Serna

46

Chicago, Illinois

Promotional money laundering conspiracy

57 months in prison

James DeSantis

58

Pompano Beach, Florida

International money laundering conspiracy

37 months in prison

 

This case is the result of the close cooperative efforts of the DEA, including the Albany District Office and DEA offices in Peru, Mexico, Colombia, Guatemala, Chicago, Detroit, Los Angeles, and Worcester, Massachusetts; IRS-Criminal Investigation and HSI.  These federal agencies worked closely with the Sûreté du Québec, the Canada Border Services Agency, the Peruvian National Police, and the Colombian National Police.  U.S. Border Patrol, the Malone Police Department, the New York State Police, the Chicago Police Department, the Massachusetts State Police, and the Watervliet Police Department also provided assistance.

Mendoza Beltran was extradited to the United States with assistance from the Department of Justice’s Office of International Affairs.

This case is being prosecuted by Assistant U.S. Attorneys Daniel Hanlon and Emmet J. O’Hanlon, and was previously prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.

 

SYRACUSE, NEW YORK – Timothy John Walsh, age 62, formerly of Dolgeville, New York, pled guilty today to making a false statement on a passport application, misuse of a social security number, and aggravated identity theft, announced Acting United States Attorney Antoinette T. Bacon and Keith Byrne, Special Agent in Charge, Diplomatic Security Service’s New York Field Office.

According to the offer of proof filed by the government and admitted to by Walsh during his change of plea today, Walsh mailed a fraudulent passport application to the United States Department of State using his picture but his deceased brother’s name and other personal identifying information, including his brother’s social security number. 

Sentencing is scheduled for February 21, 2021, before Senior United States District Court Judge Norman A. Mordue. Walsh faces a mandatory minimum term of imprisonment of at least two years and one day and a maximum term of imprisonment of 10 years on the false statement charge and five years on the misuse of a social security number charge.  He also is subject to a fine of up $250,000, and a term of post-imprisonment supervised release of up to three years.  A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the Diplomatic Security Service of the U.S. Department of State and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

ALBANY, NEW YORK – Mario Ipsolino Pineda-Boteo, age 35, and a citizen of Guatemala, pled guilty today to illegally re-entering the United States and escaping the custody of United States officers.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

Pineda-Boteo admitted that he is a citizen of Guatemala, and that he was removed from the United States to Guatemala on September 9, 2010.  On August 21, 2020, he was found by an ICE Officer near Greenfield, New York, in Saratoga County.  A check of fingerprint records verified the prior removal. 

Pineda-Boteo also admitted as part of his guilty plea that, following his lawful arrest and being placed in handcuffs on August 21, he fled the custody of the ICE Officers by running into a nearby wooded area in Greenfield, where he hid for less than an hour until he was arrested by law enforcement.

Sentencing is scheduled for February 19, 2021 before United States District Judge Mae A. D’Agostino.  Pineda-Boteo faces a potential maximum term of imprisonment of 5 years and a maximum fine of $250,000.  A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping.

ALBANY, NEW YORK – Adrian Morris, M.D., age 64, a Clifton Park, New York, psychiatrist specializing in addiction recovery, pled guilty today to distributing controlled substances outside the course of professional practice and for no legitimate medical purpose.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division; and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Morris admitted that he dispensed controlled substances, including Adderall and Xanax, for no legitimate medical purpose, to people he never met or treated.  Morris also admitted that he engaged in personal relationships with female patients seeking treatment from him for addiction to controlled substances.

Sentencing is scheduled for February 16, 2021 before United States District Judge Mae A. D’Agostino.  Morris faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum $1 million fine.

This case was investigated by the DEA, FBI, Albany County Sheriff’s Office, and the New York State Bureau of Narcotic Enforcement, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Ricky J. Bilyou, age 28, of Catskill, New York, was sentenced today to 30 months in prison, to be followed by 5 years of supervised release, for failing to register as a sex offender.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David McNulty.

Bilyou was convicted of child exploitation, in Clinton County, Indiana, in 2016.  As part of that crime, Bilyou coerced a child, in Indiana, into sending him photos of herself that were sexual in nature.

In pleading guilty to failing to register, Bilyou admitted that he was residing in Indiana in May 2019, when he traveled to Colorado.  After staying briefly in Colorado, in late September 2019, he took Amtrak trains from Colorado, to Chicago, Illinois, and finally to the Albany-Rensselaer station. He then began residing in Catskill, up until his arrest on March 18, 2020.  Bilyou knew that he was required to register as a sex offender in New York, and failed to do so.

This case was investigated by the U.S. Marshals New York/New Jersey Regional Fugitive Task Force, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

 

ALBANY, NEW YORK – Jahmeek Croley a/k/a “Meeker,” age 33, of Albany, pled guilty today to unlawfully possessing a firearm as a felon.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Chief Eric Hawkins of the Albany Police Department (APD).

Croley, who has prior felony convictions for drug and weapons offenses, admitted that in November 2019 he possessed a loaded 9mm semi-automatic pistol at his residence in Albany.  Croley admitted to purchasing the pistol, which had been stolen from a Vermont residence in 2015, from an unknown individual in the city of Albany in October 2019.

Croley was arrested on November 14, 2019, as part of an operation targeting the Yard Boys criminal street gang, undertaken by the Capital District Safe Streets Gang Task Force, a collaboration of federal, state, and local law enforcement agencies, and has been in custody since his arrest.  Croley has additional charges pending in Albany County Court.

Croley faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years, when he is sentenced on February 11, 2021 by Senior United States District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

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

ALBANY, NEW YORK - A painting looted by the Nazis in 1933 from a Jewish family in Berlin, Germany, was returned to the family’s heirs, represented by the Mosse Foundation, on October 15, 2020, announced Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

Rudolf Mosse was a prominent publisher and philanthropist in the early twentieth century in Berlin, Germany.  He and his family published newspapers including the Berliner Tageblatt, which criticized the Nazi party.  When the Nazis came to power in 1933, the Mosse family, who were Jewish, became subject to Aryanization measures, which sought to remove them from the German economy. When the Mosses fled Germany, the Nazis seized their assets, including an extensive art collection.

The Mosse art collection included a painting known as “Winter,” by American artist Gari Melchers (a photograph of the painting is attached).  After the Nazis seized “Winter,” it went through a series of intermediaries, ultimately purchased by Bartlett Arkell, co-founder and president of Imperial Packing Company, which became Beech-Nut Packing Company.  Bartlett Arkell’s art collection is now housed at the Arkell Museum in Canajoharie, New York.  In September 2019, the FBI recovered “Winter” from the Arkell Museum on the basis that it is stolen property that travelled in interstate commerce.  There is no evidence suggesting that Bartlett Arkell knew that “Winter” had been unlawfully taken and the Arkell Museum has relinquished all rights to the painting.  “Winter” was returned to the Mosse Foundation, which operates internationally to recover works of art expropriated from the Mosse family by the Nazi regime, and represents the lawful heirs’ interest in “Winter.”

“We can never ease the horrors of Nazi Germany from history, but we can, and should, take every opportunity to deliver any justice we can including the return of property to rightful heirs,” said Acting U.S. Attorney Antoinette T. Bacon.  “The Department of Justice will continue to do just that.”

FBI Special Agent in Charge Thomas F. Relford stated: “While it’s believed there were hundreds of thousands of pieces of art stolen by the Nazis, our office is immensely proud to help right even just one wrong done during this evil period of world history. We may have played a small role in a massive effort, but we will forever recognize the magnitude of this work and we’re truly honored to be able to return this painting to its rightful owners.”

The FBI transferred the painting to the heirs’ representatives at the FBI’s Field Office in Albany, with remarks from the United States Attorney’s Office, the FBI, the Mosse Foundation, and the Arkell Museum.  A media outlet interested in a video recording of the event may contact FBI Public Affairs Specialist Sarah Ruane at [email protected].

Countless pieces of artwork stolen by the Nazi regime remain at large.  Anyone with information regarding stolen artwork can reach the FBI’s art crime team at: [email protected].

This case was handled by Assistant U.S. Attorney Christopher R. Moran. 

 

ALBANY, NEW YORK – William Y. Asiedu, age 27, of Albany, was sentenced today to time served (5 days in jail) and 3 years of supervised release, and to pay $445,333 in restitution, for his participation in a romance scam.

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

In pleading guilty, Asiedu admitted that he agreed to receive the proceeds of a fraudulent scheme and to distribute the proceeds to his co-conspirators in Ghana in exchange for a 5 to 10 percent cut. 

Between October 2018 and May 2019, two women, one from Arizona and the other from Switzerland, sent a total of $445,333 to bank accounts standing in the name of Community Youth Development Council Incorporated, an entity that Asiedu incorporated in New York.  Asiedu’s co-conspirators falsely led each woman to believe that she was sending the money for the benefit of a man she met through an online dating web site.  In fact, Asiedu’s co-conspirators posed as these fake paramours, and fraudulently induced the victims to send money to Asiedu.  Asiedu sent most of the money to his co-conspirators in Ghana, keeping about 5 to 10 percent of it for himself.

Senior United States District Judge Thomas J. McAvoy also ordered the forfeiture of $9,799 in U.S. currency seized from Asiedu, and that Asiedu perform 100 hours of community service. 

This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Cortny Biagini, age 28, of Utica, New York, was arraigned in federal court yesterday on an indictment charging her with federal fentanyl and methamphetamine charges, announced Acting United States Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, and New York State Police Superintendent Keith Corlett.

The indictment charges Biagini in two counts: Count One alleges that she possessed with the intent to distribute 40 grams or more of fentanyl, which carries a maximum potential sentence of 40 years’ imprisonment, a mandatory minimum term of five years’ imprisonment, a maximum lifetime term of supervised release, a mandatory minimum term of four years’ supervised release, and a maximum fine of $5,000,000.  Count Two alleges that Biagini possessed with the intent to distribute 50 grams or more of methamphetamine, which carries a maximum potential sentence of life imprisonment, a mandatory minimum term of 10 years’ imprisonment, a maximum lifetime term of supervised release, a mandatory minimum term of five years’ supervised release, and a maximum fine of $10,000,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Biagini was arraigned yesterday in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric, and detained pending a trial scheduled before Chief United States District Judge Glenn T. Suddaby. 

This case is being investigated the U.S. Drug Enforcement Administration (DEA) and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.

SYRACUSE, NEW YORK – Jason Safford, 45, of Queens, New York, pled guilty today in federal court in Utica to bank fraud, attempted wire fraud, and aggravated identity theft, announced Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Safford admitted that he applied for a mortgage refinance loan in October 2016 on behalf of Safflyn Green Industries, Inc., a company in which Safford had an ownership interest. In support of that loan application, Safford submitted false bank statements, false deposit verification documentation, and a false appraisal for the property at issue, which is located at 350 Galina Lane in Mohawk, New York, and is commonly referred to as the “Gelston Estate.” RS Lending, a financial institution then operation in San Francisco, approved the loan application and funded it for more than $1.3 million in December 2016. The loan is now in default status, and nearly $1.2 million remains outstanding.

Safford also admitted in his guilty plea that in 2018 he applied for a $2 million mortgage refinance loan for the Gelston Estate. Once again, Safford created and submitted false bank statements and a falsified appraisal in support of this loan application. When questioned about the appraisal by the brokerage firm processing the application, Safford obtained a letter from a licensed appraiser confirming that the appraiser had appraised property located at 980 Robinson Road in Mohawk, New York—which is next to the Gelston Estate—for $325,000 on September 16, 2014. Safford modified and forged this letter to say, falsely, that the appraiser had appraised the property located at 350 Galina Lane on January 31, 2018, for $2,448,500.00, and Safford sent the falsified letter to the brokerage firm, along with modified and falsified copies of the appraiser’s license and professional liability coverage information. This loan was never funded.

Finally, Safford admitted that he assisted in obtaining investments from multiple investors to develop the Gelston Estate and 980 Robinson Road properties and that the investors’ money was not all used to develop the properties. As part of his guilty plea, Safford agreed to pay restitution to four individual investors in the total amount of $146,426.57, in addition to agreeing to pay restitution in the amount of $1,175,869.40 to the company who purchased RS Lending when it went out of business.

Sentencing is scheduled for February 23, 2021 before United States District Judge David N. Hurd, who presides over the case. Safford faces a mandatory minimum sentence of 2 years in prison, and a potential maximum sentence of 30 years. Safford also faces up to 5 years of supervised release and fines totaling up to $1.25 million. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the Federal Bureau of Investigation (FBI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Santa Sanabria, a.k.a. Santa Cordero, age 74, of Gansevoort, New York, was arraigned on an indictment charging her with using two different names and Social Security numbers to collect Social Security benefits under both identities.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.

The indictment alleges that while collecting Social Security benefits under the name Santa Cordero, and the Social Security number associated with that name, Sanabria used a different name and Social Security number to apply for and collect Supplemental Security Income (SSI) benefits to which she was not entitled.  SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Sanabria was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and ordered released pending trial.

The charges against Sanabria carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

SYRACUSE, NEW YORK – Timoteo Ramirez-Lopez, age 32, was indicted today by a federal grand jury in Syracuse for illegally re-entering the United States without authorization after being deported previously. The indictment was announced by Acting United States Attorney Antoinette T. Bacon and Thomas E. Feeley, Field Office Director, Buffalo Field Office, Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

In charging Ramirez-Lopez, the government has alleged that he was previously deported from Texas to his native country of Guatemala in March 2008, returned to the United States without permission at some point afterward, and was then found on July 29, 2020 working on a farm in Cortland County, where he was arrested for having allegedly returned to the United States without authorization.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty. The defendant has the right to a jury trial, a date for which has not yet been set.

If convicted, Ramirez-Lopez faces up to two years in prison, a term of supervised release of up to one year, and a fine of up to $250,000. He may also face immigration consequences, including deportation or removal, which are adjudicated in a separate civil proceeding in immigration court.

This case is being investigated by ICE-ERO, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

SYRACUSE, NEW YORK – Today, the U.S. Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.

“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences.  The Department of Justice is committed to investigating and prosecuting individuals, who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”

“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo. “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions. ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”

“2020 has been a grim and tragic year in cities throughout our District,” said Acting United States Attorney Antoinette Bacon. “In Albany, more than 100 people have been shot, including one this weekend, and there have been 15 homicides, including a 17-year old murdered on his way home from a funeral. In Syracuse, 149 people have been shot, and homicides are on pace to set a year-end record. In Troy, an 11-year-old boy was killed last month in a drive-by shooting. The time to take a stand against gun violence is now. Reducing gun violence has been, and will continue to be, one of our District’s top priorities. We must do all we can to ensure that the next time we read about a child in the news, it’s because they won a spelling bee, not because they were the victim of gun violence.”

Of the more than 14,200 cases charged in fiscal year 2020, 64 cases have been brought by the United States Attorney’s Office for the Northern District of New York, announced Acting U.S. Attorney Antoinette Bacon.

“Across the 32-county Northern District of New York we work daily with law enforcement agencies at all levels and local prosecutors to charge criminals who arm themselves with guns,” said Assistant U.S. Attorneys Richard Southwick and Emmet O’Hanlon, who are assigned to prosecute firearms cases for the United States Attorney’s Office for the Northern District of New York. 

Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime.  It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense.  The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement such as the National Integrated Ballistic Information Network, known as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime. 

For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473

PLATTSBURGH, NEW YORK – Rey David Jimenez-Lopez, age 20, and a citizen of Mexico, was arrested on October 3 and charged by criminal complaint with alien smuggling in connection with a failed smuggling event.

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

The criminal complaint alleges that Jimenez-Lopez was arrested while transporting six illegal aliens, five of whom had illegally crossed into the United States through the woods near Churubusco, New York.  Border Patrol Agents from the Burke Station stopped the vehicle that was being operated by Jimenez-Lopez and detained the occupants.

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

Jimenez-Lopez appeared before United Magistrate Judge Gary L. Favro on October 6 and was detained. 

If convicted, Jimenez-Lopez faces up to 5 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The six occupants of the vehicle were found to be citizens of Guatemala and Mexico, and illegally present in the United States.  Five occupants were expelled to Canada and one was detained by Immigration and Customs Enforcement, and is subject to deportation. 

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

ALBANY, NEW YORK - Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, and James P. Kennedy, United States Attorney for the Western District of New York, met today with leaders of the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), and the United States Marshals Service, along with Callahan Walsh from the National Center for Missing and Exploited Children (NCMEC), to warn the public of increased risks to children and teens from online sexual predators.  In an era where children are spending more time on the Internet, it is essential that parents, guardians, educators and trusted adults know the risks and how to prevent exploitation. 

“Children are spending more time online, for school, for clubs, and for playdates.  Parents don’t know all the apps or how to use them, but sexual predators do.  They know where the kids are and how to reach them.  Just as parents taught kids to be safe at home by locking the doors at night, parents must learn how to keep kids safe online.  Computers can be scary.  The internet can be intimidating.  But in this case, ignorance is not bliss,” said Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York.  “The Department of Justice is committed to keeping kids safe.  We will continue to pursue online sexual predators, and with increased awareness on the part of parents and communities, we will stop even more.”

“The borderless nature of the Internet has made these crimes which transcend jurisdictional boundaries,” stated United States Attorney Kennedy.  “Cases in our district frequently involve victims in the Northern District and vice versa. Working together we will use our prosecutorial resources to do all that we can to protect our kids, but we cannot do it alone.  All New Yorkers and all Americans have a duty to protect our children—both in the physical and online world.”

“Homeland Security Investigations is committed to the Safety Pledge initiative, which demonstrates a whole of government commitment to protecting and safeguarding children online,” said Kevin Kelly, HSI Special Agent in Charge.  “It is a reminder that we must all dedicate ourselves to implement the critical measures at home and in our communities that are necessary to keep children safe from online predators.” 

“Make no mistake about it, investigating and arresting online predators is a top priority for the FBI and our office is leading the charge locally in keeping our most vulnerable safe from the monsters who lurk behind their keyboards. These disturbing individuals are preying on innocent children online and our office is working with our partners to aggressively pursue justice for their victims,” said Thomas F. Relford, Special Agent in Charge, Federal Bureau of Investigation, Albany Field Office.

“At NCMEC, we are dedicated to fighting child sexual abuse online wherever we find it and working to prevent the future victimization of children,” said Callahan Walsh, NCMEC Child Advocate. “With increased screen time experienced by both adults and children during the pandemic, the opportunities for exploiters to pray on our kids has only increased and we encourage parents to talk to their kids about being safe online.”

Lisa Fletcher, the Assistant United States Attorney who oversees the prosecutions of these cases in the Northern District of New York, and has seen hundreds in our district says, “Ensuring the safety of our children is the most important job any of us will ever have.  We must all educate ourselves and talk to our children about the risks inherent in the open access the Internet provides.  Talk to your kids about what sites they are visiting, what apps they use, whom they are texting and messaging, what kinds of pictures they take of themselves, and what kinds of pictures other people send to them.  Encourage them to share with you anything makes them uncomfortable, whether an image, a message, or a solicitation.  Showing that you care will go a long way with a child, and that in turn will go a long way in keeping them safe.”

Prevention is key.  There are resources available for parents, teachers, and our kids from kindergarten through high school. 

• NetSmartz has a number of websites with tool kits, games, videos for all ages, PowerPoints for educators, Tip Sheets and more.  Go to NetSmartz.org
• Homeland Security Investigations and NCMEC just launched their SafetyPledge campaign, encouraging parents to pledge to talk with their children about this threat.  Their website includes a tool kit packed with information.  Go to SafetyPledge.org
• The Federal Bureau of Investigation’s website, entitled Safe Online Surfing, has resources categorized from 3rd grade through 8th grade, for teachers and students.  Go to SOS.FBI.gov 

ALBANY, NEW YORK – Matthew Peters, a 45 year old sex offender from Schenectady, New York, was arrested yesterday and charged with attempting to entice or coerce a child.  

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

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

The criminal complaint alleges that between October 2 and October 7, 2020, Peters initiated and exchanged sexually explicit text messages with an undercover law enforcement officer who was posing as a 14-year-old child named “Brandon” on a popular online social networking site.  After learning “Brandon” was 14 years old, Peters repeatedly asked “Brandon” for “nudes” and “live” pictures.  Peters also asked “Brandon” to meet him on multiple occasions and discussed engaging in oral and anal sex with “Brandon” when they met.  On October 6, Peters arranged to meet “Brandon” the following day in Menands, NY.  On October 7, Peters arrived at the prearranged meeting location in Menands, where he was encountered by law enforcement officers and arrested. 

Peters appeared in court today for an initial appearance before United States Magistrate Judge Christian Hummel.  Judge Hummel scheduled a detention hearing for Friday October 9, 2020.  Peters will remain detained pending that hearing. 

Due to Peters’ status as a convicted sex offender, the charge against Peters could carry a sentence of at least 10 years and up to life in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

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

A federal grand jury in Syracuse, New York, returned an indictment charging the operators of three donut shops with conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and Acting U.S. Attorney Antoinette T. Bacon for the Northern District of New York.

According to the indictment, John Zourdos, his wife, Helen Zourdos, and their son, Dimitrios Zourdos, all of Rome, New York, operated three Dippin Donuts stores with locations in Rome and New Hartford. From 2013 to 2017, the defendants allegedly concealed more than $1 million in cash sales from the IRS by depositing cash directly into their personal bank accounts instead of business bank accounts, providing incomplete information to their accountant, and causing their accountant to file false individual and corporate tax returns with the IRS. The indictment further alleges that the defendants committed employment tax fraud by paying employees some wages “off the books” in cash.

If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge. The defendants also face a period of supervised release, restitution, and monetary penalties.

An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.

Principal Deputy Assistant Attorney General Zuckerman and Acting U.S. Attorney Bacon commended special agents of IRS-Criminal Investigation, who conducted the investigation. They also thanked Assistant Chief John Kane and Trial Attorney Kimberly Ang of the Tax Division, and Assistant U.S. Attorney Michael Perry who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

SYRACUSE, NEW YORK – A federal grand jury returned an indictment yesterday charging John Zourdos, age 67, Helen Zourdos, age 63, and Dimitrios Zourdos, age 37, all of Rome, New York, with felony counts of conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns. The indictment was announced by Acting United States Attorney Antoinette T. Bacon, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Jonathan D. Larsen, Special Agent in Charge of the New York Field Office of Internal Revenue Service-Criminal Investigation (“IRS-CI”).

The indictment alleges that John and Helen Zourdos own three Dippin Donuts stores in Central New York—two in Rome and one in New Hartford—and that they operate these stores with the assistance of their son, Dimitrios Zourdos. The indictment further alleges that between 2013 and 2017, John, Helen, and Dimitrios concealed more than $1 million in cash sales from the IRS by depositing cash directly into their personal bank accounts instead of their business bank accounts and by providing incomplete information to their accountant and causing the accountant to file false individual and corporate tax returns with the IRS. The indictment further alleges that the defendants committed employment tax fraud by paying employees some of their wages “off the books” in cash.

If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge.  The defendants also face up to three years of supervised release after conviction, as well as monetary penalties including restitution.

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

This case is being investigated by IRS-CI, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry along with Assistant Chief John Kane and Trial Attorney Kimberly Ang of the Department of Justice Tax Division.

SYRACUSE, NEW YORK – Matthew Lamb, age  48, of DeRuyter, New York, pled guilty yesterday to two felony counts of failing to register and update a registration as a sex offender after it was discovered that he had two e-mail addresses that he did not disclose to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.

As part of his guilty plea, Lamb admitted that from May 3, 2016 through May 13, 2019, he failed to register a Yahoo! e-mail address that he created on December 10, 2001, as required by SORNA.  Further, Lamb admitted that from April 27, 2018 through May 13, 2019, he failed to register and failed to update his registration to disclose a google e-mail address that he created on April 16, 2019, as required by SORNA.

Sentencing is scheduled for February 10, 2021 before Chief Judge Glenn T. Suddaby.  Lamb faces a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the United States Marshal Service and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – Jorge Ortiz, Jr., age 59, of Albany, was arraigned today on an indictment charging him with concealing his assets and resources, and making false statements, in connection with obtaining Supplemental Security Income (SSI) benefits for a relative. 

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.

The indictment alleges that Ortiz failed to disclose his assets and resources to the SSA from November 2008 through February 2016, and that as a result a relative in his care was able to receive SSI benefit payments that he was not otherwise eligible to receive. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Ortiz was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and ordered released pending trial.

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

This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

SYRACUSE, NEW YORK – A $500,000.00 U.S. Department of Justice grant has been awarded to Vera House, Inc., a not-for-profit agency working to end domestic and sexual violence and elder abuse in Central New York, announced Acting United States Attorney Antoinette T. Bacon. Under the grant, Vera House will establish its Expanding CORE (Community-Based Options to Respond to Elder Abuse) Program in three apartment buildings in Syracuse. According to Vera House, communities served by the Expanding CORE Program are low-income, racially and ethnically diverse, and represent a significant population of English as a Second Language speakers.

“We are pleased that this Department of Justice grant will support Vera House’s Elder Abuse programs in Central New York particularly because the isolation required by COVID-19 has left many older Americans more vulnerable to abuse, neglect, and exploitation. Our commitment to fighting elder abuse and supporting victims will never waver,” said Acting U.S. Attorney Antoinette Bacon.

Vera House Abuse in Later Life Project Coordinator Jenny Ackley said, “Our project planning team has been evaluating the use of restorative practices for cases of elder abuse for several years, and I’m thrilled that we were awarded this innovative grant to help reach additional older adults in our community. By embedding service staff within the residences of older adults, we hope to build rapport and establish trusted relationships with them and reach those who may be reluctant to use, or unable to access existing services. We are hopeful these services will restore safety and security to older victims of abuse.”

“Community partners like Vera House are vital to our work combatting elder abuse and exploitation, and we look forward to collaborating with them to provide support to victims and witnesses,” said Assistant U.S. Attorneys Shira Hoffman and Christopher Moran, who prosecute elder abuse cases for the United States Attorney’s Office.

The U.S. Department of Justice’s Office of Justice Programs awarded grants totaling $9.4 million to combat elder abuse and financial fraud targeted at seniors across the United States. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. Attorney General William P. Barr announced the awards on October 1st the 30th anniversary of the International Day of Older Persons.

Approximately $7.9 million of the funds were awarded to jurisdiction and service providers in the United States under two of Office for Victims of Crime grant programs. OJP’s National Institute of Justice awarded the remaining $1.4 million for related research projects.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

SYRACUSE, NEW YORK – Daquan Dowdell, age 29, Terry Linen, age 28, and Deshawnte Waller, age 43, all of Syracuse, were sentenced to serve, collectively, decades 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. 

Daquan Dowdell was sentenced on Friday, October 2, 2020, to serve 120 months in federal prison to be followed by three years supervised release.  In imposing sentence, Senior United State District Judge Frederick J. Scullin, Jr., found that Dowdell was personally involved in drug trafficking and gun possession, and at least one shooting, on behalf of the gang.

Terry Linen was sentenced yesterday to serve 110 months in federal prison to be followed by three years supervised release.  The Court found that Linen was involved in drug trafficking and gun possession and that he was responsible for another shooting in connection with the gang.

Deshawnte Waller was sentenced yesterday to serve 80 months in federal prison, to be followed by three years supervised release.  The Court found that Waller was involved in drug trafficking and the use of fraudulent credit cards on behalf of the gang.

Previously sentenced 110 Gang RICO defendants:

• Anthony Hopper was sentenced to 385 months in prison; 3-year term of supervised release
• Damani Prince was sentenced to 78 months in prison; 3-year term of supervised release
• Rashawn Wynn was sentenced to 92 months in prison; 3-year term of supervised release
• Davon Sullivan was sentenced to 68 months in prison; 3-year term of supervised release
• Qualik Vaughn was sentenced to 68 months in prison; 3-year term of supervised release
• Jason Lebron was sentenced to 92 months in prison, 3-year term of supervised release
• Javon Peterson was sentenced to 98 months in prison, 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.

ALBANY, NEW YORK – Joel Malek, age 42, of Schenectady, New York, was arrested today and charged with possession of an improvised incendiary device, commonly known as a “Molotov cocktail,” on June 5, 2020.  

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 Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Malek was indicted for possessing a Molotov cocktail as an unregistered destructive device, on June 5. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Malek faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Malek was arraigned today before United States Magistrate Judge Christian F. Hummel, who ordered Malek detained pending a detention hearing scheduled for Thursday.

This case is being investigated by ATF and the FBI, with assistance from the Schenectady Fire Department and Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander P. Wentworth-Ping.

SYRACUSE, NEW YORK – Chasib Hafedh Saadoon Al Fawadi, age 35, of Syracuse, appeared yesterday in federal court on an indictment charging him with making false statements in connection with his application to obtain a green card.

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).

Al Fawadi appeared before United States Magistrate Judge Andrew T. Baxter, who ordered him detained pending a detention hearing on October 8, 2020.

According to the indictment, Al Fawadi, an Iraqi citizen, made false statements in connection with his application to become a lawful permanent resident.  Specifically, the indictment alleges that he made false statements (1) on his United States Citizenship and Immigration Services (USCIS) Form I-485 for permanent residence; (2) to an official of the USCIS, a component of the Department of Homeland Security, during an interview conducted on April 9, 2019, in connection with his application for permanent residence; and (3) to another USCIS official on October 30, 2019.

As detailed in the indictment, Al Fawadi falsely answered questions where honest answers would have revealed that (1) he had been a member of and affiliated with Asa’ib Ahl al-Haq, an Iranian-backed Shiite militia and paramilitary organization and group whose members routinely used weapons against others and threatened to do so; (2) he had also assisted and provided material support to Asa’ib Ahl al-Haq knowing that it had engaged in and conspired to engage in sabotage, kidnapping, political assassination, hijacking, and other forms of terrorist activity; (3) he had received military, paramilitary and weapons training; and (4) he had traveled to Iran and Syria.  By instead providing false answers, Al Fawadi attempted to conceal all of this information from the USCIS.

According to the indictment, on March 17, 2015, while in Turkey, Al Fawadi applied for classification as a refugee and to be admitted to the United States along with his family in large part on his claim that, while in Iraq, he was persecuted and threatened by Asa’ib Ahl al-Haq because he had refused to assist in the kidnappings of Sunni Muslims.

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

If convicted, Al Fawadi faces up to 5 years in prison on each false statement charge, up to 3 years of post-imprisonment supervised release, 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.

This case is being investigated by the FBI and Homeland Security Investigations, with assistance from the Onondaga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Steven D. Clymer.

SYRACUSE, NEW YORK – Thomas Baxter, a.k.a. Mark Anthony, age 79, of Schuyler, New York pled guilty today to defrauding the Social Security Administration (SSA) by using a false identity to collect Social Security benefits under that identity for over a decade.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.

As part of his guilty plea, Baxter admitted that in 1971 he fraudulently applied for and was issued a second Social Security number in a fictitious name, and that from September of 2008 until June of 2019, he used that false name and fraudulently acquired Social Security number to obtain and spend Social Security benefits, while also receiving Social Security benefits under his true name and Social Security number.

Sentencing is currently scheduled for February 23, 2021, before Hon. Thomas J. McAvoy.   Baxter faces up to 5 years in prison, and up to 3 years of supervised release as a result of his conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

SYRACUSE, NEW YORK – Devin Diggs, 21, a former U.S. Army solider previously stationed at Fort Drum, New York, was sentenced today to serve 24 months in federal prison for the burglaries of two federally licensed firearms dealers in Northern New York, announced 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).

As part of his previous guilty plea, Diggs admitted to stealing five (5) long guns during the burglary of a licensed federal firearms dealer in Gouverneur, New York, on September 14, 2019, and to the burglary of a second licensed federal firearms dealer in De Kalb Junction, New York, on September 29, 2019 during which five (5) handguns were stolen. All stolen firearms were recovered during the investigation of these crimes. Diggs also admitted to knowingly possessing stolen firearms taken during those burglaries in his barracks at Fort Drum. Diggs’s co-defendant,  Rian Patterson, was sentenced to serve 30 months in prison on September 29, 2020.

In addition to his term of imprisonment, the court also sentenced Diggs to serve three (3) years of post-imprisonment supervised release and ordered him to pay a restitution to the victims.

This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S Army Criminal Investigation Division (ARMY CID), the St. Lawrence County Sheriff’s Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

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

ALBANY, NEW YORK – Jason Pantone, age 34, of Hyde Park, New York, pled guilty today to conveying false information and hoax letters in connection with envelopes containing white powder he mailed to federal offices throughout Upstate and Central New York, and the Southern Tier.

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, Pantone admitted that beginning on February 21, 2019 and until his arrest on February 27, 2019, he mailed envelopes containing white power to Social Security Administration offices in Binghamton, Plattsburgh and Utica, New York.  He also mailed white powder letters addressed to the United States District Court in Syracuse, Binghamton, Albany, Plattsburgh, and Utica.  Each of the envelopes contained a typed note, which read “ANTHRAX.”  Some of the letters included a smiley face with X’s in place of the eyes.  All samples of the white powder were tested and yielded negative results for anthrax or other hazardous material.

United States District Judge Mae D’Agostino scheduled sentencing for February 10, 2021.  Pantone, who has been in custody since the date of his arrest, faces up to 5 years in prison, a fine up to $250,000, and 1 year of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI Albany Field Office’s Joint Terrorism Task Force, the Social Security Administration Office of Inspector General, the United States Postal Inspection Service, Homeland Security Investigations, the Federal Protective Service, the New York State Police, the New York State Department of Health, and the Dutchess County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Troy Anderson.

ALBANY, NEW YORK – Carlos Leon, age 62, and his son Jose Leon Roldan, age 41, both of Troy, New York, appeared in court this week on a charge of conspiring to distribute 1 kilogram or more of heroin. 

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

The indictment also charges that on March 30, 2020, Carlos Leon possessed and intended to distribute quantities of heroin, cocaine and oxycodone, and unlawfully possessed a Ruger handgun and Glock handgun as a felon.  The charges in the indictment are merely accusations. Each defendant is presumed innocent unless and until proven guilty.

A third man, Mario Figueroa-Portalatin, age 42, of Troy, pled guilty on August 11, 2020 to conspiring to distribute 1 kilogram or more of heroin.

Carlos Leon, who has been in custody since March 30, was arraigned yesterday on the indictment. Jose Leon Roldan appeared today before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a hearing on Monday.  On the drug conspiracy charge, each man faces at least 10 years and up to life in prison, as well as post-release supervision of at least 5 years and up to life. Carlos Leon also faces up to 20 years in prison on the drug possession charge, and up to 10 years in prison 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.

A separate indictment charges Anthony Leon, age 34, of Watervliet, New York, with distributing cocaine on February 26, 2020, and possessing and intending to distribute cocaine on March 30.  Anthony Leon is the son of Carlos Leon, and the brother of Jose Leon Roldan.  The charges in the indictment are merely accusations. Anthony Leon is presumed innocent unless and until proven guilty.  Anthony Leon faces up to 20 years in prison if convicted. He appeared today before Judge Hummel and was ordered detained pending a hearing on Monday. 

These cases are being investigated by DEA Albany, the Rensselaer County Sheriff’s Office, and the Watervliet Police Department, and are being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Daniel Porrazzo, a/k/a “lickndipinu,” age 51, of Stillwater, New York, was arraigned today on an indictment charging him with possession of 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).

According to the indictment, on or about June 2, 2016, Porrazzo possessed multiple images of child pornography on two laptop computers.  The child pornography included depictions of the sexual abuse of children under age 12.  The charges in the indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

If convicted, Porrazzo faces a maximum term of imprisonment of 20 years, a mandatory term of supervised release of 5 years and up to life, 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.  Porazzo would also have to register as a sex offender.

Porrazzo is detained pending a detention hearing scheduled before United States Magistrate Judge Christian F. Hummel on Monday, October 5, 2020.

This case is being investigated by HSI and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

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/.

PLATTSBURGH, NEW YORK – Graigory Brown, age 50, of Plattsburgh, was charged yesterday with conspiring to kidnap an elderly couple from Moira, New York, and transport them across the border to Canada.  The husband and wife were kidnapped on September 27, and safely rescued two days later in Canada.  

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

Brown appeared today before United States Magistrate Judge Gary L. Favro, and was ordered detained pending a detention hearing on October 6, 2020.

According to the complaint, on September 27, 2020, Brown and his co-conspirators forcibly entered the victims’ Franklin County home and kidnapped them.  The victims were driven to Snye, Quebec, where they were put in a boat, taken to mainland Canada, and then transported to Quebec’s eastern townships where they were held for several days.  While the victims were in Canada, Brown’s co-conspirators communicated ransom demands to one of the victims’ children.  Officers from the Surete du Quebec rescued the victims from a house in Magog, Quebec, on September 29, 2020.  Four of Brown’s alleged co-conspirators have been charged in Canada with crimes related to the kidnapping. 

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

Acting United States Attorney Antoinette T. Bacon stated: “According to the complaint, Brown and his co-conspirators put an elderly couple through a terrifying ordeal.  I would like to thank our law enforcement partners, including the FBI, New York State Police, Surete du Quebec, and Akwesasne Mohawk Police, for bringing them home safely.  We will continue to work together on both sides of the border to secure justice in this case and hold accountable all those involved in this horrific crime.”

FBI Special Agent in Charge Thomas F. Relford stated: “Mr. Brown’s alleged actions put an innocent couple in harm’s way during a truly terrifying situation. Through swift coordination with our law enforcement partners at NYS Police, Suerte du Quebec, and the Akwesasne Mohawk Police, we were able to bring the victims home safely and ensure justice will be served for those responsible for this despicable act.”

State Police Superintendent Keith M. Corlett stated: “I commend the work of our own members and our law enforcement partners for moving quickly to rescue the victims and track down those responsible for this disturbing crime. We will continue our close collaboration on this case, and we will not rest until all of those involved have been brought to justice.”

The charge filed against Brown carries a maximum sentence of life in prison, a fine of up to $250,000, and a 5-year term of supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI, New York State Police, Suerte du Quebec, Akwesasne Mohawk Police, Royal Canadian Mounted Police, Homeland Security Investigations, the Drug Enforcement Administration, and the Office of Franklin County District Attorney Craig Carriero. and is being prosecuted by Assistant U.S. Attorneys Douglas G. Collyer and Katherine Kopita.

ALBANY, NEW YORK – Alexander Yaksic, age 28, of Everett, Massachusetts, was sentenced today to serve 41 months in federal prison for participating in a conspiracy to distribute MDMA, also known by its street name ecstasy.

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).

United States District Judge Mae A. D’Agostino also sentenced Yaksic to serve a 3-year term of supervised release following his release from prison.

Yaksic pled guilty on October 22, 2019.  At that time, he admitted that he used the Internet’s “dark web” to import at least 30 kilograms of MDMA from overseas suppliers and then distributed that MDMA to customers throughout the United States.  “Dark web” generally refers to web sites not accessible through ordinary web browsers and search engines, and which individuals can access through an anonymizing browser, without having to provide their computer identifying information. 

This case was investigated by HSI, and prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Shira Hoffman.

ALBANY, NEW YORK – Jamol Franklin, age 48, of Albany, was indicted yesterday for possessing and intending to distribute more than 500 grams of cocaine. 

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

According to the indictment and a previously filed criminal complaint, on July 5, 2020, Franklin transported over 500 grams of cocaine from New York City to Rensselaer, New York, with the intention of distributing that cocaine in the Capital Region. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Franklin faces at least 5 years and up to 40 years in prison, a fine of up to $5 million, and a term of supervised release 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.

This case is being investigated by the DEA, New York State Police, and Amtrak Police Department, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

SYRACUSE, NEW YORK - Alan Longmore, age 68, of Fayetteville, New York, was sentenced today to serve 195 months (16 years and 3 months) in federal prison for receipt and possession of 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 previous guilty plea, Longmore admitted he received images and videos of child pornography through a peer-to-peer file-sharing program.  A forensic review of his laptop computer revealed it contained numerous child pornography video files.  Longmore admitted to engaging in this conduct for several years. In addition to these video and image files, the defendant also admitted to secretly recording and subsequently possessing video files depicting two minors engaged in sexually explicit conduct. 

United States District Judge David N. Hurd also imposed a lifetime term of supervised release, which will start after Longmore is released from prison, and ordered Longmore to pay a $200 special assessment. As a result of his conviction, Longmore will be required to register as a sex offender upon his release from prison.

Longmore’s case was investigated by U.S. Homeland Security Investigations (HSI)-Syracuse Office, with assistance from the New York State Police Computer Crimes Unit, and the Town of Manlius Police Department.

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

WASHINGTON – The Department of Justice announced yesterday that it has awarded more than $295.8 million to improve public safety, serve victims of crime and support youth programs in American Indian and Alaska Native communities.

Attorney General William P. Barr stated yesterday: “American Indian and Alaska Native communities experience rates of violent crime and domestic abuse that are among the highest in the nation. The awards announced today underscore the Department of Justice’s deep commitment to improving public safety in tribal communities throughout the United States. This administration will continue to work closely with our tribal partners to guarantee that they have the resources they need to combat violence and bring criminals to justice.”

The announcement included grants of more than $1.4 million to the Saint Regis Mohawk Tribe and $1.1 million to the Oneida Indian Nation, both situated within the Northern District of New York.  The grants will be used to support law enforcement and tribal justice practices, expand victim services, and sustain crime prevention and intervention efforts. 

Separately, the Office on Violence Against Women awarded the Saint Regis Mohawk Tribe $100,000 to help victims of domestic violence and decrease incidents of domestic violence during the COVID-19 pandemic.  The Three Sisters Program, a secure shelter that provides services to victims of abuse, domestic violence and sexual assault, will administer the award.

Acting United States Attorney Antoinette T. Bacon stated: “These grants help support important justice and police programs, maintain vital services to victims of crime, and help protect those most vulnerable from domestic violence, sexual assault and gender-based violence.  We look forward to continuing to work with our law enforcement partners in the Saint Regis Mohawk Tribe and the Oneida Indian Nation to promote public safety.”

Nationwide, more than $103 million was awarded under the Justice Department’s Coordinated Tribal Assistance Solicitation (CTAS) to enhance law enforcement and tribal justice practices, expand victim services, and sustain crime prevention and intervention efforts.  Of that amount, the Department’s Office of Justice Programs (OJP) awarded $41.5 million, the Office on Violence Against Women awarded $39.1 million, and the Office of Community Oriented Policing Services awarded $22.5 million. 

The Department also announced awards totaling $113 million to 133 applicants under the Tribal Victim Services Set-Aside Program.  This program is designed to help tribes develop, expand and improve services to victims of crime and promote other public safety initiatives.

In addition to the CTAS and Tribal Victim Services Set-Aside awards, the Office on Violence Against Women made additional tribal awards of more than $31 million to support a wide range of efforts to address the crimes of domestic violence, dating violence, sexual assault, stalking and human trafficking.

A full listing of all the announced CTAS awards is available here.

A full listing of all Tribal Victim Services Set-Aside Program awards is available here.

For more information on the Office of Justice Programs, please visit: https://www.ojp.gov/. For more information on the Office on Violence Against Women, please visit: https://www.justice.gov/ovw. For more information on the COPS Office, please visit: https://cops.usdoj.gov/. 

 

ALBANY, NEW YORK – Mihale Leventis, a/k/a “Rookie,” a/k/a “Big Mike,” age 44, of Montreal, Quebec, pled guilty yesterday to conspiring to import marijuana into the United States.

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

As part of his guilty plea, Leventis admitted that from 2007 to 2009, he worked with a drug trafficking organization operating in Quebec, the Northern District of New York, and elsewhere to smuggle large quantities of marijuana from Canada into the United States for distribution to the organization’s customers. Leventis admitted that he coordinated the movement of marijuana from the organization’s suppliers in Canada to the U.S.-Canadian border so that it could be smuggled into the United States, and that he kept track of the organization’s proceeds.

Leventis’s guilty plea follows his extradition from Canada. 

United States District Judge Mae A. D’Agostino will sentence Leventis on December 17, 2020.  He faces up to 20 years in prison, and a fine up to $1 million.  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 Katherine Kopita.  Leventis was extradited to the United States with assistance from the Department of Justice’s Office of International Affairs.

 

SYRACUSE, NEW YORK - Rian Patterson, age 23, a former U.S. Army solider previously stationed at Fort Drum, New York, was sentenced today to serve 30 months in federal prison for the burglaries of two federally licensed firearms dealers in Northern New York, announced 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).

As part of his previous guilty plea, Patterson admitted to stealing five (5) long guns during the burglary of a licensed federal firearms dealer in Gouverneur, New York, on September 14, 2019, and to the burglary of a second licensed federal firearms dealer in De Kalb Junction, New York, on September 29, 2019, during which five (5) handguns were stolen. All stolen firearms were recovered during the investigation of these crimes. Patterson also admitted to knowingly possessing stolen firearms taken during those burglaries in his barracks at Fort Drum, including one firearm with an obliterated serial number.

In addition to his term of imprisonment, the court also sentenced Patterson to three (3) years of post-imprisonment supervised release and ordered him to pay a restitution to the victims.

This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S Army Criminal Investigation Division (ARMY CID), the St. Lawrence County Sheriff’s Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

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

ALBANY, NEW YORK – Recep Sandikci, age 46, of North Plainfield, New Jersey, pled guilty on Friday to traveling to New York to have sex with a child, and sending that child sexually explicit photos over the internet.

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, Sandikci admitted to driving from New Jersey to New York on August 6, 2019, in order to meet and have sex with a 13-year-old Albany-area girl. During communications between the defendant and the girl over a cellphone application in the days leading up to the arrest, the defendant sent the girl sexually explicit images. Sandikci was arrested by the FBI shortly after his arrival in New York, and prior to meeting the girl.

United States District Judge Mae D. Agostino will sentence Sandikci on January 25, 2021.  He faces up to 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. 

A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

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