Northern District of New York

SYRACUSE, NEW YORK – Daniel M. Passero, Jr., age 35, formerly of Herkimer County, New York, was sentenced today in federal court in Binghamton to serve 20 years in prison for receiving and possessing child pornography.

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

During Passero’s July 2019 jury trial, the evidence demonstrated that Passero downloaded hundreds of sexually explicit images of children and saved them to a memory card that was later found in a smartphone recovered at Passero’s home. At the time of the offense, Passero was on parole for a prior sex offense against a child, as a result of which he has been designated a Level 3 sexually violent offender by the New York State Division of Criminal Justice Services, Sex Offender Registry.

At sentencing, Senior United States District Judge Thomas J. McAvoy found that Passero had engaged in a pattern of sexual exploitation of children, in that Passero had sexually abused at least two minor children. In addition to the 20-year prison term, Judge McAvoy imposed a 20-year term of supervised release, which will start after Passero is released from prison. Judge McAvoy also ordered Passero to pay $3,000 in restitution to each of four individual victims.

This case was investigated by Homeland Security Investigations (HSI), the New York State Department of Corrections and Community Supervision, and the New York State Police, with assistance from the Gloversville Police Department, Federal Bureau of Investigation (FBI), Burlington Police Department, and Iowa Division of Criminal Investigations. 

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

SYRACUSE, NEW YORK - Anthony Hopper, age 33, of Syracuse, was sentenced today to serve 385 months (32 years and one month) 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 States District Judge Frederick J. Scullin, Jr., also ordered Hopper to serve a five (5) year term of supervised release following his term of incarceration.

Hopper was convicted in October 2019, following an eight-day trial.  The RICO conviction included a finding by the trial jury that that Hopper was guilty of a murder.  In imposing sentence today, the Court also found, by a preponderance of the evidence, that Hopper was responsible for a second murder. The other 13 men charged in the same indictment with Hopper have all pled guilty. Six have been sentenced to date.  

During the trial, jurors heard testimony from members of the 110 Gang and others about the gang’s robberies, drug trafficking, and illegal possession of firearms.  They also heard from witnesses who described how the 110 Gang retaliated against other Syracuse gangs for shootings and murders.

“Anthony Hopper led the 110 Gang through murders, shootings, robberies, assaults, intimidation, and drug dealing,” said Acting U.S. Attorney Antoinette T. Bacon. “Thanks to hundreds of hours of work by state, federal, and local law enforcement officers, Hopper has now been held accountable for his brutal actions and removed from the streets of Syracuse. Our resolve to make our community safe will never waver, and we will not rest until we finish our work”

"Anthony Hopper was a dangerously evil leader of the violent 110 Gang that wreaked havoc on Syracuse communities, causing residents to live in fear for far too long," said Thomas F. Relford, Special Agent in Charge of the Federal Bureau of Investigation's (FBI) Albany Field Office. "Today's sentence is indicative of the success that can be attained when federal, state, and local law enforcement agencies combine resources to remove violent organizations that threaten the safety and stability of our neighborhoods."

Syracuse Police Chief Kenton Buckner said, "The city of Syracuse and the Syracuse Police Department are appreciative of our relationship with the FBI. The sentencing in this case highlights the tireless efforts of law enforcement and federal prosecutors to apprehend individuals responsible for gang activity in our community. We will continue to do everything within our power to protect the citizens living in our city."

Previously sentenced 110 Gang RICO defendants:

• 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.

SYRACUSE, NEW YORK – Javon Peterson, age 39, of Syracuse, was sentenced today to serve 98 months in federal prison based on his previous guilty plea 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 Chief Kenton Buckner, City of Syracuse Police Department.

In imposing sentence, United States District Judge Frederick J. Scullin, Jr. also ordered Peterson to serve three years of supervised release following his term of imprisonment.  As part of his guilty plea in the case, Peterson admitted that he was a member of the 110 Gang operating in the city of Syracuse.  Peterson further admitted that he repeatedly distributed crack cocaine in 110 Gang territory.  During sentencing today, the Court found that 110 Gang members regularly possessed and used firearms to facilitate their drug trafficking, that the defendant was aware of such use, and that he personally possessed a firearm in connection with the offense.

Peterson was one of 14 defendants charged in the case for violating RICO based on their membership in the 110 Gang.  The other 13 men have all pled guilty or been convicted at trial.  Five of the co-defendants were previously sentenced:

• 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 

 

The remaining defendants in the case await sentencing.

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

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

SYRACUSE, NEW YORK – Theodore Fowler, age 33, of Syracuse, was sentenced today to serve 75 months in federal prison for his conviction for participating in a cocaine trafficking conspiracy, 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, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), New York State Police Superintendent Keith Corlett, Sheriff Eugene Conway, Onondaga County Sheriff’s Office, and William J. Fitzpatrick, Onondaga County District Attorney.  The defendant was also ordered to serve a three-year term of supervised release following his release from prison, and to forfeit $12,000 in proceeds from his drug trafficking activity. 

Fowler was charged along with fourteen others in December 2018 for his role in the drug trafficking operation.  All of the charged defendants pled guilty, and Fowler was the last to be sentenced.  The other defendants were:

• Daitwaun Fair, 33, of Syracuse, sentenced to 102 months incarceration;
• Robert Payne, 39, of Ithaca, sentenced to 60 months incarceration;
• Margaret Bowman, 52, of Syracuse, sentenced to 15 months incarceration;
• Troy Jackson, 43, of Syracuse, sentenced to 46 months incarceration;
• Brian McAlpine, 31, of Syracuse, sentenced to 37 months incarceration;
• James Zupan, 60, of Syracuse, sentenced to 6 months incarceration;
• Marrell Edwards, 51, of Syracuse, sentenced to 48 months incarceration;
• Marcus Sales, 30, of Syracuse, sentenced to 6 months incarceration;
• Qualik Vaughn, 26, of Syracuse, sentenced to 66 months incarceration;
• Timothy Bowman, 33, of Syracuse, sentenced to 18 months incarceration
• Roosevelt Knight, 31, of Syracuse, sentenced to 33 months incarceration;
• Michael Starkey, 30, of Syracuse, sentenced to 61 months incarceration;
• Kenyatta Scott, 42, of Watertown, sentenced to 12 months incarceration;
• Rebecca Johnson, 42, of Watertown, sentenced to time served.

 

This case was investigated by the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the New York State Police, the Onondaga County Sheriff’s Office, and the Onondaga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.

ALBANY, NEW YORK – Zaiqua Acosta, age 21, of Albany, pled guilty today to being a felon in unlawful possession of a firearm.

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).

As part of his plea, Acosta admitted that, on May 5, 2020, in Albany, he possessed a Smith & Wesson .40 caliber pistol, loaded with nine rounds of .40 caliber ammunition.  Law enforcement officers recovered the loaded pistol from Acosta’s front waistband on May 5.  Acosta has been in custody since June 26, 2020.  

Acosta is prohibited from possessing the firearm as a result of a May 6, 2016 conviction in Albany County Court for Criminal Possession of Stolen Property-Fourth Degree, a Class E Felony.

As a result of this conviction, Acosta faces up to 10 years in prison when he is sentenced by Senior United States District Judge Lawrence E. Kahn on January 21, 2021.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the ATF and Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.

ALBANY, NEW YORK – Vivian Letizia, age 62, of Stone Ridge, New York, was arrested yesterday on a criminal complaint charging her with illegally dispensing 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; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Joshua Vinciguerra, Director of the New York State Department of Health, Bureau of Narcotic Enforcement (BNE).

A criminal complaint alleges that Letizia, a dentist, wrote prescriptions for oxycodone for four individuals and filled those prescriptions herself at pharmacies in Ulster County, and also ordered oxycodone to her dental practice, all exclusively for her own personal consumption.

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

Letizia appeared yesterday in Albany before United States Magistrate Judge Daniel J. Stewart, and was released with conditions.

If convicted, Letizia faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum $1 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.

This case is being investigated by the DEA Albany District Office’s Tactical Diversion Squad, and the New York State BNE, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

Assistant U.S. Attorney Christopher Moran, of the U.S. Attorney’s Office, Civil Division, is assisting in the investigation.

ALBANY, NEW YORK – Thomas O’Bryan, age 38, of Kingston, New York, appeared in court today on a charge of distributing child pornography.

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

On September 22, 2020, O’Bryan was charged by criminal complaint with distributing child pornography.  O’Bryan appeared today before United States Magistrate Judge Daniel J. Stewart and will remain detained until a detention hearing scheduled for September 25. The complaint alleges that, on or about the dates of March 19, 2020 and April 9, 2020, O’Bryan used the Kik phone messaging application to distribute child pornography. 

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

If convicted, O’Bryan faces at least 5 and up to 20 years in prison, and a mandatory 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, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.

Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Albany Field Office at (518) 465-7551. 

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

PLATTSBURGH, NEW YORK – Bradley W. Price, age 44, of Ausable, New York, Leah M. Cross, age 30, of Ausable Forks, New York, Carl J. Estes, age 35, of Keeseville, New York and Andrew J. Barber, age 28, of Plattsburgh, have been indicted for conspiring to manufacture methamphetamine and possessing pseudoephedrine with the intent to manufacture methamphetamine.

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 Clinton County District Attorney Andrew J. Wylie.

The indictment alleges that between July 8, 2020 and July 22, 2020, in Essex County, Price, Cross and Estes conspired to manufacture methamphetamine.  It also alleges that on August 19, 2020, in Clinton County, Price, Cross and Barber conspired to manufacture methamphetamine.  Each of the four is also charged with possessing and distributing pseudoephedrine knowing it would be used to manufacture methamphetamine. 

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

Price and Barber were arraigned on the indictment before United States Magistrate Judge Gary L. Favro on September 15, 2020, and were ordered detained pending trial.  Cross and Estes were arraigned on the indictment before Judge Favro on September 22, 2020, and were also ordered detained pending trial.

If convicted of the charges, each defendant faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum fine of $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 is being investigated by the DEA, with assistance from the Clinton County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Anildar Valdimir Roblero-Gomez, age 26, a citizen of Mexico who had been living in Ellisburg, New York, was sentenced today to serve 96 months in prison for uploading to Facebook a video depicting minors engaged in sexually explicit conduct.

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

Chief United States District Court Judge Glenn T. Suddaby also ordered Roblero-Gomez to serve a 15-year term of supervised release, which will begin after he is released from prison.  As a result of his conviction, Roblero-Gomez will be required to register as a sex offender following his prison sentence. He may also face immigration consequences as the result of his conviction and sentence.[1]    

In his previous plea of guilty, Roblero-Gomez admitted that in September 2018, he used a cellular telephone to upload a video depicting child pornography to the Facebook social media platform, sharing the video with over 100 other Facebook users. 

This case was investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations (HSI), and was prosecuted by Assistant United States Attorney Sahar L. Amandolare.

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/.

 

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[1] Deportation, removal, and other matters related to the defendant’s legal status in the United States are civil matters adjudicated in separate proceedings in Immigration Court.

ALBANY, NEW YORK –Randy Eignor, age 50, of Rotterdam, New York, pled guilty today to attempted online enticement of a minor.

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

As part of his guilty plea, Eignor admitted that he attempted to entice and coerce an individual, whom he believed to be a 12-year-old girl, to engage in sex.  After days of exchanging sexually explicit text messages with the person whom he believed to be a 12-year-old girl, Eignor arranged to meet her in Colonie, where Eignor was arrested by law enforcement on February 12, 2020. 

As a result of his conviction, Eignor faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Sentencing is scheduled for January 22, 2021 before United States District Judge Mae A. D’Agostino.   Eignor will also have to register as a sex offender upon his release from prison.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of state and local law enforcement agencies, including the New York State Police, the Colonie Police Department, and the Rotterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

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

SYRACUSE, NEW YORK – Michael Mayhew, age 55, of Rome, New York, appeared today in federal court before United States Magistrate Judge Therese Wiley Dancks on charges that he sexually exploited a child.  The defendant was ordered detained without bail pending a hearing on September 24, 2020.The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

The criminal complaint alleges that in December 2018, Mayhew took several sexually explicit photographs of a 6-year-old child using his cellular telephone.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, the defendant faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years, a maximum fine of $250,000, and a term of supervised release of between five years and life.  He will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

This case is being investigated by the Federal Bureau of Investigation (FBI), Oneida County Sherriff’s Office, Rome Police Department, Oneida County District Attorney’s Office, New York State Police, United States Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as part of Project Safe Childhood.

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

ALBANY, NEW YORK – Aaron Vroman, age 30, of Watervliet, New York, was sentenced today to 180 months in prison for sexually exploiting a child.

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

In pleading guilty, Vroman admitted that, on at least four occasions, he secretly video-recorded a minor using the bathroom for the purposes of obtaining sexually explicit images of the victim’s genitals.  Vroman also admitted that he touched that same victim’s genital area over the victim’s underwear while the victim was sleeping and that he video-recorded that conduct.  Vroman also possessed images of child pornography on his laptop computer that did not involve the victim and that he obtained via the internet, including videos depicting the sexual abuse and exploitation of pre-pubescent girls. 

Senior United States District Judge Norman A. Mordue also imposed a 25-year term of supervised release, which will start after Vroman is released from prison. As a result of his conviction, Vroman will be required to register as a sex offender upon his release from prison.

Vroman’s case was investigated by HSI, with assistance from the New York State Police and the Colonie Police Department.  This case was prosecuted by Assistant U.S. Attorneys Geoffrey J. L. Brown and Michael D. Gadarian.

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

ALBANY, NEW YORK – Corey Baker, age 25, of Clintondale, New York, was sentenced yesterday to 100 months in prison for distributing child pornography.

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

Baker pled guilty on January 15, 2020.  As part of his guilty plea, Baker admitted that, between June 2017 and August 2018, he used a cell phone and laptop, equipped with various Internet-based instant messaging and file-sharing applications, to trade child pornography with others.  He also admitted to using a peer-to-peer file-sharing application on the laptop to search for and download child pornography.  Baker’s phone and laptop computer contained approximately 671 video files and 115 image files depicting the sexual exploitation of children.

Senior United States District Judge Thomas J. McAvoy also sentenced Baker to a 15-year term of supervised release, to begin following his term of imprisonment, and ordered him to pay $6,000 in restitution to the victims depicted in the materials he possessed.  Baker will also be required to register as a sex offender upon his release from prison

This case was investigated by the FBI, with assistance from the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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

ALBANY, NEW YORK – Jean R. Lavanture, a/k/a Rudy Lavanture, age 47, of Saugerties, New York, was arrested today on a bank fraud complaint alleging that he fraudulently obtained nearly $5 million in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic. FBI agents arrested Lavanture this morning at a 8.54-acre New Jersey estate that he is alleged to have bought with the fraudulently obtained funds.

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); Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation; and Kevin Kupperbusch, Special Agent in Charge of the Eastern Region of the Office of Inspector General for the Small Business Administration (SBA-OIG).

Acting United States Attorney Antoinette T. Bacon stated: “According to the complaint, Jean Lavanture stole millions of dollars from important government programs created to help struggling communities during the pandemic.  We are on the lookout for fraud, and we will use all available tools to prosecute those who lie, cheat, and steal from programs that America’s businesses and their employees so desperately need.” Coronavirus Fraud Coordinator Joshua R. Rosenthal added, “The U.S. Attorney’s Office and our law enforcement partners will continue to aggressively pursue fraudsters seeking to illegally exploit the ongoing coronavirus emergency.”

FBI Special Agent in Charge Thomas F. Relford stated: “The allegations against Mr. Lavanture are appalling. Small businesses have suffered devastating losses during the coronavirus pandemic and the FBI will not tolerate anyone who steals the funding designed to be a lifeline for those businesses. The FBI, along with our federal partners, will remain vigilant in making sure programs like the PPP are used as intended.”

A criminal complaint alleges that between June 16, 2020 and July 22, 2020, Lavanture received approximately $4,906,281 in Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), which were issued by two banks and the SBA to five Saugerties-based companies he controlled.  In the loan applications, Lavanture falsely represented that each company had employees, substantial revenues, and a payroll, and he submitted fraudulent tax documents in support of his lies.  In fact, according to the complaint, none of these companies has ever reported employees to the New York State Department of Labor, nor reported income to the IRS for 2017 through 2019. 

The complaint also alleges that Lavanture has improperly used loaned funds to make property purchases and pay personal expenses, further demonstrating his fraudulent intent.  Lavanture has withdrawn approximately $439,503.25 of the loaned funds in cash, and drew on loaned funds when he purchased a motel in Rockaway Beach, Missouri, and transferred $952,000 in connection with the purchase of a 8.54-acre estate in Byram Township, New Jersey, that includes an 18-room Tuscan-style mansion.

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

IRS-CI Special Agent in Charge Jonathan D. Larsen stated: “This case is an example of greed and selfishness during a time when our country is united in crisis. IRS-CI and our law enforcement partners are committed to identifying individuals like Mr. Lavanture, who would deprive struggling small businesses from much-needed economic relief for their own gain, and then quickly taking action to bring them to justice.”

SBA-OIG Special Agent in Charge Kevin Kupperbusch stated: “Greed has no place in SBA’s programs that are intended to provide assistance to the nation’s small businesses struggling with the pandemic challenges. Our Office will remain relentless in the pursuit of fraudsters who seek to exploit SBA’s vital economic programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”

Lavanture was scheduled to make an initial appearance later this afternoon before a United States Magistrate Judge in Newark, New Jersey.

If convicted of bank fraud, Lavanture faces up to 30 years in prison, up to 5 years of post-imprisonment supervised release, and a maximum fine of the greater of $1 million or twice his gross pecuniary gain or his victims’ gross pecuniary loss.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted in March 2020 and designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects of the COVID-19 pandemic.  The CARES Act authorized forgivable loans to small businesses for job/employee retention and certain other expenses, through the PPP.  PPP loan proceeds must be used by the borrowing business only on certain, permissible expenses – specifically, payroll costs, interest on mortgages, rent, and utilities.  PPP loans are issued by banks and guaranteed by the SBA.

The CARES Act also authorized EIDLs to be granted to small businesses and non-profit organizations experiencing substantial financial disruption due to the COVID-19 pandemic.  These low-interest loans are designed to provide temporary relief to organizations suffering a temporary loss of revenue.  EIDLs are to be used to cover an array of expenses, such as rent, utilities, and fixed debt payments.  The SBA pays EIDLs directly.

This case is being investigated by the FBI, IRS-Criminal Investigation, and SBA-OIG, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.

 

SYRACUSE, NEW YORK – Five men arrested in Syracuse yesterday are alleged to be members of a conspiracy to traffic in cocaine and heroin operating between Puerto Rico, New York City, and Syracuse, announced Acting U.S. Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, and Chief Kenton Buckner, City of Syracuse Police Department.  Yesterday’s takedown follows a series of previous arrests by the multi-agency investigation that now includes 15 defendants.

The five men arrested yesterday appeared today in court on federal criminal complaints alleging a conspiracy to distribute and possess with intent to distribute cocaine and heroin, which operated from May 2020 to September 16, 2020.  Thirteen of the defendants are residents of Onondaga County, one defendant is a resident of the Bronx, New York, and one defendant is a resident of Puerto Rico.

As part of this investigation, law enforcement seized approximately 4.5 kilograms of cocaine, 1,140 bags of heroin (approximately 44 grams), $75,000, a ghost gun, and three handguns – a  Taurus PT 809 9mm handgun, a Ruger revolver, a Highpoint .40 caliber, and the lower part of a Glock pistol.

“These arrests confirm that even during this unprecedented global pandemic, federal, state, and local law enforcement agencies are working together to protect our communities from drug trafficking.  Our commitment will never waver,” said Antoinette T. Bacon, Acting United States Attorney.

“A major drug pipeline from Puerto Rico to Syracuse has been dismantled as a result of this homegrown investigation,” said DEA Special Agent in Charge Ray Donovan. “Not only did we identify this drug network’s operations, we targeted the local dealers, taking guns and drugs off the streets of Syracuse. I applaud our law enforcement partners for their hard work and determination in keeping our cities safe.”

“The Syracuse Police Department is pleased to report a major drug operation has been removed from our city.  We accomplished the mission by coordination with our federal partners at the US Attorney's Office and the DEA.  We will continue these collaborations in our efforts to pursue individuals responsible for drug trafficking and gang violence in our city.  It is our sincere hope this progress will improve the quality of life in some of our challenged communities,” said Syracuse Police Chief Kenton Buckner.

The charges resulting from the arrests are summarized below.

June/July Arrests

In June and July 2020, DEA and Syracuse Police arrested three (3) defendants alleged in federal criminal complaints to be members of a conspiracy to possess with intent to distribute and distribute heroin and cocaine.

On June 24, 2020, Jikeya McBride, 31, of Syracuse, NY was arrested and charged with distribution and possession with intent to distribute cocaine and heroin. If convicted, McBride faces up to 20 years in prison, a fine of up to $1,000,000 and a term of supervised release of at least three years and up to life.

On June 24, 2020, Aaron Acevedo, 27, of Syracuse, NY was arrested and charged with distribution and possession with intent to distribute cocaine and heroin, following the execution of a federal search warrant at his Syracuse, New York residence. If convicted, Acevedo faces up to 20 years in prison, a fine of up to $1,000,000 and a term of supervised release of at least three years and up to life.   

On July 13, 2020, Claudio Acevedo-Maquita, 55, of the Bronx, NY was arrested and charged with possession with intent to distribute heroin following a traffic stop where forty-four (44) “bricks” of heroin (each “brick” consists of 50 individual bags of heroin) were seized in the vehicle. Acevedo-Maquita was allegedly travelling from New York City to Syracuse, New York, to deliver the heroin to co-conspirator Samuel Matos.  If convicted, Acevedo-Maquita faces up to 20 years in prison, a fine of up to $1,000,000 and a term of supervised release of at least three years and up to life.

August 19, 2020 Arrests

On August 19, 2020, the following defendants were arrested and charged in federal criminal complaints alleging conspiracy to distribute and possess with intent to distribute heroin and cocaine: 

            Luis Mendez, 37, Syracuse, NY

            Samuel Matos, 27, Syracuse, NY

            Hector Santiago, 31, Syracuse, NY

            Helbert Calo-Birriel, 31, Syracuse, NY

            John Resto, 25, Syracuse, NY

            Luis Resto, 25, Syracuse, NY

            Jose Medina, 34, Syracuse, NY

If convicted, these defendants face between 5 years and life in prison, a fine of up to $5,000,000, and a term of supervised release of at least four years and up to life.

September 16, 2020 Arrests

On September 16, 2020, the following defendants were arrested and charged in federal criminal complaints alleging conspiracy to distribute and possess with intent to distribute heroin and cocaine:

            Omar Fuentes, 24, Syracuse, NY

            Jobany Tirado, 37, Syracuse, NY 

            Rahfet Shehadeh, 27, Syracuse, NY

            Angel Negron-Collazo, 24, Syracuse, NY

If convicted, these defendants face between 10 years and life in prison, a fine of up to $10,000,000, and a supervised release term of at least 5 years and up to life.

Omar Fuentes is also alleged to have possessed a pistol in furtherance of a drug trafficking crime at the time of his arrest.  If convicted of this count, Fuentes faces a mandatory consecutive term of 5 years in prison for the firearm count.

On September 16, 2020, Joel Franco-Ortiz, 34, of Puerto Rico, was arrested during a traffic stop and charged with possession with intent to distribute cocaine and heroin, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, he faces up to 20 years in prison, a fine of up to $1,000,000 and terms of supervised release of at least three years and up to life for the drug-related counts, and a mandatory consecutive term of 5 years in prison for the firearm count.

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 criminal complaints are merely accusations and all defendants are presumed innocent unless and until proven guilty.

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

ALBANY, NEW YORK – Matthew R. Osuba, age 35, of Saugerties, New York, was sentenced yesterday to 840 months in prison for sexually exploiting a child, and distributing and possessing child pornography. 

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

During Osuba’s August 2019 jury trial, evidence demonstrated that Osuba created and appeared in a video depicting sexually explicit conduct with a sleeping child.  He was also convicted of sending pornographic images of children over the internet, and possessing additional child pornography on his cell phone.     

At sentencing, Senior United States District Judge Thomas J. McAvoy found that Osuba had engaged in a pattern of sexual exploitation of children. Judge McAvoy found by a preponderance of the evidence that Osuba had sexually abused two additional children, each under the age of 5. 

Judge McAvoy stated that Osuba’s 70-year term of imprisonment – the maximum permitted by law – was necessary to protect children and the public, because Osuba posed a significant risk of committing future child pornography offenses and “hands-on” child sexual abuse.  Judge McAvoy also imposed a 25-year term of supervised release to follow Osuba’s term of imprisonment, and ordered him to pay $3,000 in restitution to one of his victims. 

This case was investigated by the FBI and its Child Exploitation Task Force, which includes investigators from the New York State Police, Town of Colonie Police Department, and Warren County Sheriff’s Department.  The case was prosecuted by Assistant U.S. Attorneys Katherine Kopita and Shira Hoffman.  

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

ALBANY, NEW YORK – Scott McMahon, age 52, of Queensbury, New York, pled guilty today to distributing controlled substances outside the course of professional practice and for no legitimate medical purpose, and to misusing personal information in the course of fraudulently obtaining controlled substances from pharmacies.  McMahon also agreed to pay $43,225.24 to settle civil penalty claims arising from his improper prescribing of ketamine and failure to keep proper records of ketamine treatment.                                                                                                             

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.

In 2019, McMahon had a medical practice in Clifton Park, New York, having previously maintained offices in Albany and other locations in the Capital Region. He specialized in psychiatry and addiction treatment.

In pleading guilty, McMahon admitted that from at least December 2018 through August 2019, he provided certain patients with prescriptions for the Schedule II controlled substance methylphenidate – the generic of Ritalin – with the intent of having them kick back a portion of each prescription to him for his own personal use.  As part of the scheme, McMahon obtained the names and birthdates of the children of a patient. McMahon used that information to issue methylphenidate prescriptions in the children’s names, and fraudulently induced pharmacies in New York and Vermont to dispense controlled substances under the pretense that the medication was for the children. The patient picked up these prescriptions in his children’s names, and split the methylphenidate with McMahon.

In the civil case, McMahon admitted that he improperly prescribed ketamine intranasal spray to an individual who had no legitimate medical need for it.  A sampling of McMahon’s records showed that he failed to record the amount of ketamine injected for each patient on each treatment date, the name of each patient who was injected, and the person who injected the ketamine.  McMahon also failed to conduct an initial inventory when he began dispensing ketamine.  The civil penalty is based, in part, on McMahon’s inability to pay a higher amount. 

McMahon is in custody.  Sentencing is scheduled for January 13, 2021 before Senior United States District Judge Thomas J. McAvoy.  On the aggravated identity theft conviction, McMahon must serve 2 years in prison.  On the drug conviction, he faces up to an additional 20 years in prison, and will also be ordered to serve at least 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

McMahon’s plea agreement requires that he surrender his New York State medical license, and forfeit $6,774.76 seized by the Government as part of the criminal case.

The criminal case was investigated the DEA Albany District Office’s Tactical Diversion Squad and its Capital District Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett. 

The DEA Tactical Diversion Squad also investigated the civil case, in which Assistant U.S. Attorney Christopher R. Moran represented the United States.

Also assisting in the investigations were the New York State Police, the New York State Bureau of Narcotic Enforcement, and the DEA Resident Office in Burlington, Vermont.

ALBANY, NEW YORK – Kenneth J. Monahan, age 45, of Menands, New York, was sentenced on Monday to serve 96 months in prison for distributing, receiving and possessing child pornography. 

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

As part of his guilty plea, Monahan admitted to using peer-to-peer software to distribute numerous images of child pornography in February and April 2018.  He also admitted to downloading child pornography from the Internet from 2017 through April 2018 and to possessing over 1,300 images of child pornography in May 2018.  

Senior United States Judge Thomas J. McAvoy also imposed a 20-year term of supervised release, which will start after Monahan is released from prison, ordered a $400 special assessment, and ordered restitution in the total amount of $19,500 to be divided among certain child victims depicted in the images and videos that Monahan distributed, received and possessed. As a result of his conviction, Monahan will be required to register as a sex offender.  

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

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

SYRACUSE, NEW YORK – Kevin Ronny Williams, age 23, of Brooklyn, New York, pled guilty today to one count of possession with the intent to unlawfully use a United States Postal Service key, and one count of theft of mail, announced Acting United States Attorney Antoinette T. Bacon, Joseph W. Cronin, Postal Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division, and Matthew Modafferi, Special Agent in Charge of the United States Postal Service-Office of Inspector General, Northeast Area Office.

As part of his guilty plea today, Williams admitted that during the night of March 5, 2020, into the early morning hours of March 6, 2020, he used a United States Postal Service (USPS) key that he obtained from a USPS employee to unlawfully open mail collection boxes in Liverpool, New York. Williams wore a USPS letter carrier uniform jacket and carried USPS mail satchel that he also obtained from a USPS employee. Williams stole mail contained in the collection boxes, including 49 pieces of first-class mail, all of which was later recovered. Kenny Ronny Williams was arrested by an Onondaga County Sheriff’s Deputy on patrol who noticed his (Williams') car in a vacant parking lot in Clay, New York. After a short vehicular and foot chase, Williams was taken into custody, and the USPS uniform jacket, postal key, mail satchel, and stolen mail were recovered.

Sentencing is scheduled for January 20, 2021. The charge of possession with the intent to unlawfully use a United States Postal Service key carries a maximum sentence of 10 years in prison and the charge of theft of mail carries a maximum sentence of 5 years in prison.  Both offenses carry a fine of up to $250,000, and a term of supervised release of 3 years following any sentence of imprisonment.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Former USPS employee Quayshaun Mitchell is also charged by criminal complaint in connection with these offenses. His case remains pending and he is presumed innocent unless and until found guilty.

This case is being investigated by the United States Postal Inspection Service (USPIS) and the United States Postal Service-Office of Inspector General (USPS-OIG), and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.

ALBANY, NEW YORK – Douglas Fountain, age 31, of Colonie, New York, was sentenced yesterday to a total of 80 years in prison for 11 felony convictions, including sexually exploiting a child, transporting child pornography, and possessing child pornography.

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

As part of his guilty plea on August 15, 2019, Fountain admitted that on eight occasions between July 2017 and July 2018, he used cell phones to create videos and images of a minor engaging in sexually explicit conduct, some of which included Fountain engaging in sexual acts with the minor.  Fountain also admitted to sharing some of those images on an image-sharing website operated from another country, and to possessing images of child pornography on his laptop computers, including images depicting the sexual abuse and exploitation of pre-pubescent girls.

This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Alicia G. Suarez.

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

ALBANY, NEW YORK – Jessica Pascale, age 35, of Troy, New York, was sentenced yesterday to one-year of probation for defrauding the Social Security Administration (SSA) by diverting and stealing the benefit payments of two individuals with disabilities while she was employed as a Social Security claims representative.

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 her earlier guilty plea, Pascale admitted that in July and September 2019, she used the SSA computer system to divert two separate Supplemental Security Income (SSI) benefit payments intended for two SSI beneficiaries with disabilities into her personal bank account.  Neither of the beneficiaries were aware of the thefts, which were discovered through internal controls at SSA.   Pascale pled guilty to four felony charges: two charges of theft of government property and two charges of fraud in connection with identification information.

The court also ordered Pascale to pay full restitution to SSA, as well as a fine of $1,000.

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

SYRACUSE, NEW YORK – Daniel J. Trammell, 58, of Syracuse, New York, pled guilty yesterday to assaulting a United States Postal Service employee, announced Acting United States Attorney Antoinette T. Bacon and Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.

As part of his guilty plea, Trammell admitted that on April 21, 2020, in Syracuse, he assaulted a U.S. Postal Service letter carrier who was delivering mail, causing a wound to the victim’s neck.  Trammell faces up to 8 years in prison, a maximum fine of up to $250,000, and up to 3 years of post-imprisonment supervised release when he is sentenced by United States District Judge David N. Hurd on January 13, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the U.S. Postal Inspection Service and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

SYRACUSE, NEW YORK – Christopher Hoyt, age 34, of Pulaski, New York, pled guilty yesterday to one count each of transportation of child pornography, distribution of child pornography, receipt of child pornography, and possession of child pornography.

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

As part of his guilty plea, Hoyt admitted that he uploaded an image of child pornography to the social media platform Tumblr, making it available for others to view.  He also admitted using the social media platform Wickr Me to chat with another user from whom he received images and videos of child pornography, and to whom he distributed a link allowing the user to access a collection of over 1,900 images and 122 videos of child pornography.  Additionally, Hoyt admitted that at the time law enforcement officers recovered his cellular telephone, he possessed on it 1,445 images and 32 videos depicting child pornography.  

Sentencing is scheduled for January 5, 2021, before Hon. Thomas J. McAvoy in Binghamton, New York, at which time Hoyt faces a minimum sentence of 5 years, with a maximum of up to 20 years in prison on each count, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  Hoyt will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

This case was investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.

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

 

ALBANY, NEW YORK – The U.S. Attorney’s Office has received reports that individuals claiming to represent the Department of Justice are calling members of the public as part of an imposter scam.  The office strongly encourages the public to remain vigilant and not to provide personal information during these calls, which appear to target the elderly.  The office also encourages family members to alert their elderly relatives about this scam.

The scammers falsely represent themselves as Department of Justice investigators or employees and attempt to obtain personal information from the call recipient, or they leave a voicemail with a return phone number.  The return phone number directs users to a recorded menu that matches the recorded menu for the department’s main phone number.  Eventually, the user reaches an “operator” who steers the user to someone claiming to be an investigator.  That “investigator” then attempts to gain the user’s personal information.

“These scammers are preying on the elderly by exploiting their trust in the Department of Justice and the United States Government.  The U.S. Attorney’s Office is dedicated to fighting elder fraud.  We will investigate and prosecute phone scams and other schemes targeting the elderly to the fullest extent of our capabilities,” said Acting U.S. Attorney Antoinette T. Bacon.  Elder Justice Coordinator Shira Hoffman added, “Phone scams are pervasive and increasingly sophisticated.  The best way to protect yourself is not to share personal or financial information in response to unsolicited phone calls.”   

Those who receive these calls are encouraged to report them to the FTC via their website or by calling 877–FTC–HELP (877-382-4357). Fraud can also be reported to the FBI for law enforcement action at https://www.justice.gov/criminal-fraud/report-fraud.

The Office of Justice Programs’ Office for Victims of Crime also runs a National Elder Fraud Hotline, for people to report fraud against anyone age 60 or older.  Reporting certain financial losses due to fraud as soon as possible, and within the first two to three days, can increase the likelihood of recovering losses.  The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.

SYRACUSE, NEW YORK --Dennis J. Nelson, age 49, a New York State prisoner incarcerated at the Mohawk Correctional Facility in Oneida County, New York, was indicted on Wednesday for mailing letters from state prison facilities, in which he threatened to bomb and murder Senior United States District Judge Thomas J. McAvoy, United States Representative Anthony Brindisi, and United States Senator Charles Schumer.

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 indictment charges that Nelson mailed a threat letter to Judge McAvoy’s chambers in Binghamton, New York, on August 1, 2018, when Nelson was then incarcerated in the Great Meadow Correctional Facility, in Washington County, and that Nelson thereafter, on July 15, 2019, mailed additional threat letters to the Utica office of Representative Brindisi and to the Syracuse office of Senator Schumer while Nelson was incarcerated at the Mohawk Correctional Facility. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charges filed against Nelson each carry a maximum sentence of 10 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 defendant will be arraigned before a United States Magistrate Judge at a date and time to be determined, and will be transferred to federal custody at that time.  

This case is being investigated by the FBI’s Joint Terrorism Task Force, and is being prosecuted by Assistant U.S. Attorney Carl G. Eurenius.

ALBANY, NEW YORK – United States Attorney Grant C. Jaquith announced his resignation upon his appointment as a Judge on the United States Court of Appeals for Veterans Claims after serving 31 years with the Department of Justice. 

Jaquith stated, “It has been an honor and privilege to serve my country for 31 years in the U.S. Attorney’s Office for the Northern District of New York, striving to secure equal justice for all in criminal and civil cases.  My years as a line prosecutor, supervisor, and U.S. Attorney have been full of meaning thanks to the agents, support staff, attorneys, supervisors, and judges I have had the good fortune to work with and learn from.”

“Grant Jaquith is the epitome of a selfless public servant who has dedicated his career to the Department of Justice,” said Attorney General William P. Barr. “He is a diligent and capable leader who has worked tirelessly to promote the rule of law.  Law enforcement at all levels knew that they could count on him as a true partner, as did the communities in his district.  His work has made the Northern District of New York a better and safer place.”

Mr. Jaquith took office as the 49th United States Attorney for the Northern District of New York on January 5, 2018.   He had previously served as Acting United States Attorney, First Assistant United States Attorney (2010-2017), Chief of the Criminal Division (2006-2010), and Narcotics Chief and Chief of the Albany Office (1998-2006).  During his tenure as United States Attorney, he served on three subcommittees of the Attorney General’s Advisory Committee – Border and Immigration, Native American Issues, and Servicemembers and Veterans Rights (as Vice-Chair and then Chair) – and the Attorney General’s Advisory Committee’s Healthcare Fraud Working Group.

In 2016, Mr. Jaquith received the Executive Office for U.S. Attorneys Director’s Award for Executive Achievement.

As United States Attorney, Jaquith emphasized several key areas.  National security was his highest priority, and his office obtained convictions against foreign nationals Mojtahedzadeh, Tepper, and Biria, who worked together to unlawfully export gas turbine parts from the United States to Iran.  His office also focused on economic espionage, obtaining a guilty plea to stealing GE trade secrets in Sui, and in Zheng and Zhang, Chinese foreign nationals will be tried on an indictment charging them with economic espionage and conspiring to steal trade secrets knowing and intending that those stolen trade secrets would be used to benefit the People’s Republic of China. 

A related priority was border security, and Jaquith served on the Attorney General Advisory Committee’s Border and Immigration subcommittee.   He also organized and led regular meetings of the U.S.-Canada Border Operations Leadership Team, which was created in 2015 to discuss cross-border law enforcement and prosecution issues. 

He emphasized aggressive narcotics and gang prosecutions, with guilty pleas against international drug trafficking and money laundering organizations such as Haviaropoulos; a RICO case against the 110 Gang in Syracuse; methamphetamine cases throughout the district including Harris in Binghamton;  and cutting-edge prosecutions of controlled substance analogues, Requena. 

He aggressively addressed the opioid crisis through prosecution, education, and treatment.   His office attacked the sources of supply in cases like Touchstone; held medical professionals responsible for illegal distributions, Mabry and Brown; and held dealers responsible when their poison killed, such as Boice, Burnell, Charo, Ebel, and Fillerup.  He also participated in community meetings educating teens and their parents about the dangers of opioid and synthetic drug abuse.  His office has presented 45 of those community events reaching more than 6,000 people.

In combatting financial fraud, U.S. Attorney Jaquith’s office prosecuted multi-million dollar fraudsters including Mann, which involved more than $100 million of loss related to MyPayrollHR.com; LaVigne ($10 million); Backis ($3.1 million), and Jergensen and Ghosh ($2.5 million).

U.S. Attorney Jaquith also emphasized justice for victims of violent crime.  He was personally participating in the prosecution of a death penalty case against a man who is charged with the brutal murder of co-workers, Wood, and his office is prosecuting drug dealers for a cold-blooded murder, Leeper.  His office obtained convictions and lengthy sentences against a college student who used a straw purchaser to buy a gun used to murder his father, Tan, and a man who caused severe injuries and burns with a bomb, Seppi.  He also emphasized child exploitation cases, and his office obtained lengthy sentences for child predators in LaPorte, Decker, and Stroming.  His office also prosecuted sextortion cases including Robinson. 

U.S. Attorney Jaquith thanked his staff for their impressive work and emphasized what an honor it has been to work with attorneys and support staff who “demonstrate the highest ideals of public service every day through their unwavering, tireless, and humble commitment to the pursuit of justice.”

Jaquith also focused on Native American issues by serving on the AGAC’s Native American Issues Subcommittee and regularly consulting with the Oneida, Mohawk, Onondaga, and Cayuga nation leadership in the Northern District.  His tribal liaison worked closely with tribal police agencies to address public safety needs in Indian Country.   He said, “I very much respect the Native American tribes and their leadership in our district, and have been honored to work with them.  Our efforts to maintain healthy relationships must never waver.”

Mr. Jaquith also emphasized civil work.  The office’s Affirmative Civil Enforcement attorneys continued to obtain significant results including Northland Associates, Inc., Alutiiq Diversified Services LLC, and Mallinckrodt. He appointed a Civil Rights Coordinator who obtained a $450,000 settlement to resolve a complaint alleging that a landlord subjected former and potential tenants to sexual harassment, Waterbury.  The office’s civil defensive AUSAs also did outstanding work defending the United States against claims.

Jaquith understood the value of crime prevention and community outreach. He led the office’s LEADership Project, a youth violence reduction program designed to help 5th grade students avoid the lure of gangs, drugs, violence, and vandalism; assigned attorneys to work in Reentry Courts; and participated in community events whenever he was invited.  He was particularly proud of his work with the Albany Law Enforcement Resolution Team.  

During his career, Mr. Jaquith personally prosecuted many significant cases.  In United States v. Leon, Duell, Ramsey, and Fish, he obtained perjury convictions for lies witnesses told during an arson homicide investigation where a father and his three young children were killed and another child was seriously maimed.  In United States v. Endo Pharmaceuticals, Inc., a pharmaceutical company paid $192.7 million to resolve criminal and civil liability arising from the marketing of a prescription drug not approved as safe and effective by the Food and Drug Administration.   The resolution included a deferred prosecution agreement with significant corporate compliance provisions and a monetary penalty and forfeiture totaling $20.8 million in the Northern District of New York.  In United States v. Holland and Kornak, he convicted both a research coordinator at the Stratton VA Medical Center in Albany for fraud causing a patient’s death in a cancer study and the chief of oncology who failed to ensure that accurate patient records were maintained. In United States v. Davidson, Parke, Lawrence, Morales, and Stewart, the defendants were convicted of murdering undercover drug task force officer Wallie Howard, Jr. at mid-day in a grocery store parking lot in downtown Syracuse as he attempted to purchase two kilograms of cocaine.  Mr. Jaquith prosecuted several other drug trafficking organizations to trial convictions and significant sentences, including United States v. Murgas, et al, where 3 of the 12 defendants convicted were held accountable for the murders of a customer of the ring and his girlfriend; United States v. Blythe, et al, involving a conspiracy to import at least 100 kilograms of cocaine and 2,000 pounds of marijuana; and United States v. Carnell Donaldson, who led a continuing criminal enterprise comprised of 12 co-defendants that distributed about 4 kilograms of cocaine in Syracuse every 6 weeks. He also prosecuted criminal enterprises distributing kilograms of crack and cocaine led by Tyrone Hines (14 defendants) and Vyron Hargrett (15 defendants).  In United States v.  Walter J.  Butler, the president of Service Employees International Union 200 was convicted at trial of racketeering, embezzlement, and fraud.

Mr. Jaquith served in the U.S. Army Judge Advocate General’s Corps from 1982-2011, rising to the rank of Colonel in 2004.  His military awards include the Legion of Merit. Mr. Jaquith was an Army circuit judge from 2001-2010, presiding over courts-martial at forts throughout the continental United States and in Alaska, Germany, and Korea.  In 2006, Mr. Jaquith spent three months on active duty as the trial judge at Fort Bragg, North Carolina.

Before joining the U.S. Attorney’s Office, Mr. Jaquith was in the litigation department of the law firm of Bond Schoeneck & King in Syracuse (1988-89) and a Judge Advocate on active duty in the U.S. Army (1982-88), where his work included administrative law, labor law, settlement of civil claims, legal assistance to soldiers, retirees, and their families, and criminal prosecutions. In 1984, he also taught Juvenile Law and Federal Income Taxation at Drury College. In 1982, he interned at the Public Defender’s Office in Gainesville, Florida.

Mr. Jaquith received his Juris Doctor from the University of Florida College of Law in 1982 and a Bachelor of Science (cum laude) in business administration/accounting from Presbyterian College, Clinton, South Carolina, in 1979, from which he was a Distinguished Military Graduate.

The Northern District of New York covers 32 counties in Northern and Central New York, covering an area of more than 30,000 square miles.  The District includes 310 miles of the U.S. border with Canada and the Cayuga, Mohawk, Oneida and Onondaga Nations.  The United States Attorney’s Office, with staffed offices in Albany, Binghamton, Plattsburgh, and Syracuse, has 50 attorneys and is responsible for conducting all criminal and civil litigation in the district involving the United States government.

BINGHAMTON, NEW YORK – Jacob Gorman, age 39, of Waverly, New York, was arrested and charged with attempting to entice a child.  Following his initial appearance in court on Friday, a detention hearing was held today and United States Magistrate Judge Miroslav Lovric ordered that Gorman be detained pending trial.

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

The criminal complaint alleges that between August 11, 2020 and August 27, 2020, Gorman exchanged text messages with an undercover FBI agent who was posing as the mother of a 9-year-old girl.  In those messages, Gorman expressed an interest in meeting the child and engaging in sex acts with her.  Gorman negotiated a price he was willing to pay to engage in sex acts with the child and on August 27, 2020, drove to a pre-determined location in Broome County to meet and have sex with the child.  Gorman was then encountered by law enforcement and arrested. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, the defendant faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, a maximum fine of $250,000, and a term of supervised release of between 5 years and life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Gorman would also be required to register as a sex offender.

Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Binghamton office at (607) 778-7240. 

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

ALBANY, NEW YORK – Cameron Hennelly, age 30, currently of Halfmoon, New York and formerly of Amsterdam, New York, appeared in court yesterday on a charge of distributing child pornography.

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

On August 28, 2020, Hennelly was charged by a criminal complaint with distributing child pornography. Hennelly appeared yesterday before United States Magistrate Judge Christian F. Hummel for a detention hearing and was ordered detained pending further proceedings. The complaint alleges that Hennelly used the Kik phone messaging application to distribute a video containing child pornography. The charges in the complaint are merely accusations.  The defendant is presumed innocent until proven guilty. 

If convicted, Hennelly faces at least 5 and up to 20 years in prison, a mandatory term of supervised release of at least 5 years and up to life, mandatory registration as a sex offender, and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez. 

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 Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBANY, NEW YORK – Kristina Hand, age 47, of Morris, New York, was arrested today and charged with stealing thousands of dollars from her former employer, the Morris Central School District.

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

A criminal complaint alleges that Hand, as the Treasurer for the Morris Central School District in Otsego County, diverted and stole at least $22,315.33 in checks made payable to the school district in 2018 and 2019 – years in which the district annually received more than $10,000 in federal funding. The school district terminated Hand’s employment in February 2020, upon discovering the theft. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Hand appeared today before United States Magistrate Judge Daniel J. Stewart, and was released pending further proceedings.  If convicted, she faces up to 10 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

 

SYRACUSE, NEW YORK – Chasib Hafedh Saadoon Al Fawadi, age 35, of Syracuse, was charged yesterday by indictment with making false statements in connection with his application to obtain a green card.

Acting United States Attorney Bacon stated: “As alleged in the indictment, Al Fawadi lied to U.S. authorities to conceal his membership in, and support of, an Iranian-backed militia that has carried out attacks in Iraq and Syria. National security is our number one priority. With our law enforcement partners, we will aggressively investigate and seek charges against immigration applicants who lie about their affiliation with violent, extremist organizations.”

Thomas F. Relford, FBI Special Agent in Charge of the Albany Field Office, stated: “The FBI works tirelessly to protect the American people from dangerous individuals seeking to cause harm. Mr. Al Fawadi’s alleged fraudulent actions could have resulted in a member of a violent, Iranian-backed militia becoming a United States citizen. The FBI will continue to work diligently with our local, state, and federal partners to ensure the safety of every American.”

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 – Nine men have been charged in a 13-count indictment for their roles in a wide-ranging bank fraud and identity theft scheme that affected hundreds of victims, including in Onondaga and Albany Counties.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; William F. Sweeney, Jr., Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI); and Sheriff Robert L. Langley, Jr., of the Putnam County Sheriff’s Department.

The nine defendants are:

• TYRONE PARKER, JR. a/k/a “Ty,” a/k/a “Cheese,” a/k/a “Little Thigh,” age 21, of Fort Lauderdale, Florida;
• JOSHUA MALLORY, a/k/a “P,” a/k/a “Pudge,” age 35, of Fort Lauderdale;
• TYRONE PARKER, a/k/a “Tyron Parker,” a/k/a “Thigh,” age 39, of Fort Lauderdale;
• RANDALL TAYLOR, a/k/a “Gucci,” a/k/a “Guwop,” age 34, of Fort Lauderdale;
• CEDRIC LYNCH, a/k/a “City,” a/k/a “C,” age 35, of Orlando, Florida;
• TERRELL MCDONALD, a/k/a “Ruger,” a/k/a “Moon,” age 30, of Troy, New York;
• KEYSHAWN ARNOLD, a/k/a “Key,” age 23, of Schenectady, New York;
• ROBERT NATSON, a/k/a “Big Rob,” age 34, of Fort Lauderdale; and
• GARY GRIER, a/k/a “G,” age 34, of Fort Lauderdale.

 

Each of the defendants is charged with conspiracy to commit bank fraud and aggravated identity theft.  The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

As alleged in the indictment, the defendants were involved together in a fraud scheme known as “Felony Lane Gang.”  Such schemes are characterized by members of the conspiracy using stolen identification from one victim to conduct fraudulent transactions using checks and credit cards stolen from another victim.  The mobile identity theft ring traveled across the country breaking into cars, often targeting those parked by women at locations such as health and fitness centers, daycares, outdoor recreational parks, and dog parks.  After committing these “smash-and-grab” vehicle thefts, members of the conspiracy stole debit cards, credit cards, check books, and photo identifications, which they later used to commit bank fraud, sometimes even years later.  The leaders of the scheme recruited women, whom they often referred to as “faces,” to impersonate the smash-and-grab victims in drive-through bank lanes.  The recruited check cashers were almost always suffering from an addiction to a controlled substance and were provided payment at least partially in narcotics.

The defendants were collectively involved in more than 700 smash-and-grab thefts and approximately 1,000 fraudulent bank transactions in the Northern District of New York and all over the country, with losses exceeding $1.5 million. 

McDonald was arrested in Troy; Mallory, Parker, Lynch, and Grier were arrested in Florida; Taylor was arrested in Utah; and Parker, Jr. was arrested in Georgia.  Arnold was in New York State custody on unrelated state charges and will come into federal custody at a later date.

If convicted of the charges set forth in the indictment, the defendants each face up to 30 years in prison, and a mandatory minimum sentence of 2 years on each aggravated identity theft count. 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 Westchester Resident Agency of the New York Field Office and the Putnam County Sheriff’s Department, with assistance from the FBI Field Offices in Albany, Miami, and Salt Lake City, and Resident Agencies in Savannah, Georgia, and Portland, Maine, and from the U.S. Attorney’s Office for the District of Maine, the Saratoga County District Attorney’s Office, and the Ulster County District Attorney’s Office.  Additional assistance was provided by numerous law enforcement agencies, including, within New York, the New York State Police; Columbia County Sheriff's Office; Genesee County Sheriff’s Office; Monroe County Sheriff’s Office; Saratoga County Sheriff’s Office; Warren County Sheriff’s Office; and the police departments of the Town of Bethlehem; Glens Falls; Gloversville; Greenburgh; Greece; and Watervliet; and elsewhere, Connecticut State Police; Florida Department of Law Enforcement; Georgia State Patrol; Illinois State Police; Massachusetts State Police; Broward County, FL Sheriff’s Office; Northern York County, PA Regional Police; Southern Chester County, PA Regional Police; Utah County, UT Sheriff's Office; and the police departments of Auburn, MA; Bath, ME; Biddeford, ME; Bozeman, MT; Brunswick, ME; Caernarvon Township, PA; Chester Township, PA; Cinnaminson, NJ; Darien, CT; East Norriton Township, PA; Easthampton, MA; Greenwich, CT; Lower Moreland Township, PA; Manheim Township, PA; Portland, ME; Portsmouth, NH; Saco, ME; Salisbury, MA; Sanford, ME; Scarborough, ME; Somersworth, NH; South Portland, ME; St. George, UT; Syracuse, UT; Tinicum, PA; Towamencin, PA; Tewksbury, MA; Wakefield, MA; Yarmouth, ME; and York, ME. 

The case is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.

SYRACUSE, NEW YORK – William Harrell, age 58, of Ithaca, New York, was sentenced yesterday to five years of probation for filing a false tax return, announced Acting United States Attorney Antoinette T. Bacon and Jonathan D. Larsen, Special Agent in Charge of Internal Revenue Service-Criminal Investigation, New York Field Office.

As part of his previous guilty plea, Harrell admitted that in October 2016, he filed a tax return for the year 2015 in which he knowingly and willfully underreported revenue he received through his construction and remodeling business. Harrell also admitted to underreporting revenue for the years 2012-14, and 2016.  Harrell failed to report approximately $3,994,866 in income, as result of which he avoided paying $422,843 in federal incomes taxes.

The court also ordered Harrell to pay restitution to the IRS in the amount of $907,669.75, which included unpaid taxes, interest, and penalties.

This case was investigated by Internal Revenue Service-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

Attorney General William P. Barr announced today that Antoinette T. Bacon has been designated as the Acting U.S. Attorney for the Northern District of New York, pursuant to 5 U.S.C. § 3345(a)(3).  Bacon will replace U.S. Attorney Grant C. Jaquith, who announced his resignation upon his appointment as a Judge on the U.S. Court of Appeals for Veterans Claims.

As Acting U.S. Attorney, Bacon will serve as the Northern District of New York’s chief federal law enforcement officer, supervising an office of approximately 49 Assistant U.S. Attorneys, 49 support staff, and 15 contract support staff.  Bacon will be responsible for prosecuting federal criminal offenses and representing the United States in civil litigation in the district.

“I am pleased that the President has designated Toni Bacon as Acting U.S. Attorney for the Northern District of New York,” said Attorney General William P. Barr.  “Her contributions to the initiatives she oversaw while working for the Office of the Deputy Attorney General are a testament to her relentless commitment to protect and serve all Americans. I know the Northern District will find Toni to be an exceptional prosecutor and dedicated leader.”

“I’m honored and humbled to be designated as the Acting U.S. Attorney for the Northern District of New York.  I look forward to working tirelessly with my fellow federal, state, local, and tribal law enforcement partners to continue the effort to make the community safe for all,” said Acting U.S. Attorney Antoinette T. Bacon.  “I thank Grant Jaquith, a fellow career prosecutor, for his three decades in the U.S. Attorney’s Office and wish him well in his new role on the U.S. Court of Appeals for Veterans Claims.  His selfless service is truly inspiring.”

Prior to her appointment, Bacon served as the Department’s National Elder Justice Coordinator. During her tenure, Bacon spearheaded three of the largest sweeps of Elder Fraud cases, expanded the Department’s efforts to dismantle Transnational Criminal Organizations targeting older Americans, and launched the Money Mule Initiative and National Nursing Home Initiative to protect older Americans from fraud schemes and abuse.

As an Associate Deputy Attorney General, she assisted the Deputy Attorney General in formulating and implementing policies, including the landmark, bipartisan Criminal Justice Reform Legislation – The First Step Act.

Bacon is a seasoned and recognized litigator, most notably for leading prosecutions of fraud, waste, abuse, and corruption as an Assistant U.S. Attorney for the U.S. Attorney’s Office for the Northern District of Ohio (NDOH).  In the NDOH, she earned her reputation for her commitment to root out corruption.  She successfully prosecuted nearly 100 targets and led one of the largest corruption cases in this country’s history.  Dubbed the Cuyahoga County Corruption Case, this nine-year investigation involved the prosecution of 60+ public officials and business executives, including a County Commissioner, a County Auditor, a Cleveland City Council member, two sitting judges, nine attorneys including five former prosecutors, two union leaders, and two senior hospital executives.  The prosecution inspired an overhaul in Cuyahoga County government.

Following her outstanding efforts in NDOH, Bacon went on to serve as the national White Collar Crime Coordinator at the Executive Office for U.S. Attorneys, where she collaborated with prosecutors in all 94 U. S. Attorney’s Offices, federal agencies, law makers, corporate counsel, and other stakeholders to address our nation’s most serious economic crime threats.

Bacon first joined the Department of Justice through the Honors Program, as a Trial Attorney in the Antitrust Division, where she investigated international price fixing cartels.  Prior to joining the Antitrust Division, Antoinette clerked for the Honorable Henry Coke Morgan, Jr., U.S. District Judge, Eastern District of Virginia.  She earned a J.D. from the University of Virginia and a B.A. in Communications, Law, Economics, and Government from American University.

WASHINGTON – Attorney General William P. Barr announced today that Antoinette T. Bacon has been designated as the Acting U.S. Attorney for the Northern District of New York, pursuant to 5 U.S.C. § 3345(a)(3).  Bacon will replace U.S. Attorney Grant C. Jaquith, who announced his resignation upon his appointment as a Judge on the U.S. Court of Appeals for Veterans Claims.

As Acting U.S. Attorney, Bacon will serve as the Northern District of New York’s chief federal law enforcement officer, supervising an office of approximately 49 Assistant U.S. Attorneys, 49 support staff, and 15 contract support staff.  Bacon will be responsible for prosecuting federal criminal offenses and representing the United States in civil litigation in the district.

“I am pleased that the President has designated Toni Bacon as Acting U.S. Attorney for the Northern District of New York,” said Attorney General William P. Barr.  “Her contributions to the initiatives she oversaw while working for the Office of the Deputy Attorney General are a testament to her relentless commitment to protect and serve all Americans. I know the Northern District will find Toni to be an exceptional prosecutor and dedicated leader.”

“I’m honored and humbled to be designated as the Acting U.S. Attorney for the Northern District of New York.  I look forward to working tirelessly with my fellow federal, state, local, and tribal law enforcement partners to continue the effort to make the community safe for all,” said Acting U.S. Attorney Antoinette T. Bacon.  “I thank Grant Jaquith, a fellow career prosecutor, for his three decades in the U.S. Attorney’s Office and wish him well in his new role on the U.S. Court of Appeals for Veterans Claims.  His selfless service is truly inspiring.”

Prior to her designation, Bacon served as the Department’s National Elder Justice Coordinator. During her tenure, Bacon spearheaded three of the largest sweeps of Elder Fraud cases, expanded the Department’s efforts to dismantle Transnational Criminal Organizations targeting older Americans, and launched the Money Mule Initiative and National Nursing Home Initiative to protect older Americans from fraud schemes and abuse.

As an Associate Deputy Attorney General, she assisted the Deputy Attorney General in formulating and implementing policies, including the landmark, bipartisan Criminal Justice Reform Legislation – The First Step Act.

Bacon is a seasoned and recognized litigator, most notably for leading prosecutions of fraud, waste, abuse, and corruption as an Assistant U.S. Attorney for the U.S. Attorney’s Office for the Northern District of Ohio (NDOH).  In the NDOH, she earned her reputation for her commitment to root out corruption.  She successfully prosecuted nearly 100 targets and led one of the largest corruption cases in this country’s history.  Dubbed the Cuyahoga County Corruption Case, this nine-year investigation involved the prosecution of 60+ public officials and business executives, including a County Commissioner, a County Auditor, a Cleveland City Council member, two sitting judges, nine attorneys including five former prosecutors, two union leaders, and two senior hospital executives.  The prosecution inspired an overhaul in Cuyahoga County government.

Following her outstanding efforts in NDOH, Bacon went on to serve as the national White Collar Crime Coordinator at the Executive Office for U.S. Attorneys, where she collaborated with prosecutors in all 94 U. S. Attorney’s Offices, federal agencies, lawmakers, corporate counsel, and other stakeholders to address our nation’s most serious economic crime threats.

Bacon first joined the Department of Justice through the Honors Program, as a Trial Attorney in the Antitrust Division, where she investigated international price fixing cartels.  Prior to joining the Antitrust Division, Antoinette clerked for the Honorable Henry Coke Morgan, Jr., U.S. District Judge, Eastern District of Virginia.  She earned a J.D. from the University of Virginia and a B.A. in Communications, Law, Economics, and Government from American University.

SYRACUSE, NEW YORK – Thomas J. Joslin, age 57, of North Syracuse, New York, made his initial appearance today on charges that he stole gift cards from mail entrusted to him when he was a letter carrier for the United States Postal Service. The charges were announced by United States Attorney Grant C. Jaquith and Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPS-OIG), Northeast Area Field Office.

The indictment alleges that Joslin stole gift cards from multiple pieces of mail intended for delivery to other people on various dates in 2019. The three felony charges in the indictment each 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.

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

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

ALBANY, NEW YORK – Selvin Joiner, age 29, of Troy, New York, pled guilty today to distributing crack cocaine.

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

Joiner admitted that on June 28, 2020, he sold approximately 26 grams of cocaine base (a/k/a crack cocaine) to a buyer in Troy.

Joiner faces up to 20 years in prison, a term of post-imprisonment supervised release of at least 3 years, and a fine of up to $1 million, when he is sentenced by Senior United States District Judge Fredrick J. Scullin, Jr. on December 9, 2020.  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 its Capital District Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

 

ALBANY, NEW YORK – Robert J. Chaires, age 40, of Schenectady, New York, pled guilty today to twice distributing crack cocaine in 2017.

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

Chaires admitted that on January 20, 2017 and again on March 2, 2017, he sold more than 28 grams of cocaine base (a/k/a crack cocaine) to a buyer in Schenectady.

Chaires faces at least 10 years and up to life in prison when he is sentenced by Senior United States District Judge Frederick J. Scullin, Jr. on December 8, 2020.  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 Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Steven M. Boice, age 30, was sentenced today to 20 years in prison for distributing furanyl fentanyl that caused an overdose death in Saratoga County in February 2017.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, New York Division, U.S. Drug Enforcement Administration (DEA); and Saratoga Springs Police Department Chief Shane Crooks. 

In pleading guilty in November 2019, Boice admitted that he sold controlled substances, including furanyl fentanyl, from his residence in Saratoga Springs, New York. 

Early on February 3, 2017, he sold approximately 50 small envelopes, each containing furanyl fentanyl, to B.L., a Saratoga County man who overdosed and died that same day. Boice has also admitted that when B.L. arrived at his house on February 3, B.L. seemed incoherent, but Boice sold him drugs anyway.  B.L. ingested some of the fentanyl while at Boice’s residence and fell down while leaving. Boice and his roommate put B.L. on their back porch in the cold air and sat with him for approximately 45 minutes, slapping him to keep him awake. B.L. “snapped back into it,” according to Boice, and left Boice’s residence. B.L. died at home later on February 3 after ingesting more fentanyl sold to him by Boice.  (The roommate died months later, also due to a drug overdose.)

United States Attorney Grant C. Jaquith stated: “Steven Boice did not care whether his customers lived or died.  Today’s sentence holds him responsible for the avoidable and senseless death of a young man, and the daily pain and suffering of that man’s wife and parents. Heroin and fentanyl dealers should take notice that they are accountable for the overdoses of their customers, and that a 20-year prison term could be in their future.” 

DEA Special Agent in Charge Ray Donovan stated: “Too many lives were changed because of a drug transaction in Saratoga Springs. This investigation traced a drug overdose to a local drug trafficker whose actions caused a man’s death, a family’s loss, and a 20-year prison sentence.  This case also emphasizes the consequences of drug trafficking and reminds traffickers that law enforcement won’t rest until those responsible are brought to justice.” 

Saratoga Springs Police Chief Shane Crooks stated: “Today, thanks to the hard work of all agencies involved, Steven Boice was held accountable for his actions.   While this does not remove the pain that the family of B.L. has gone through, I can only hope that it will help bring them some closure.”

On February 10, 2017 – a week after B.L.’s death – law enforcement executed a search warrant on Boice’s residence in downtown Saratoga Springs, and found furanyl fentanyl packaged for sale and 2 firearms.  Boice admitted to possessing a total of 363 green-colored envelopes containing furanyl fentanyl.

Boice also admitted to possessing 2 firearms to protect his drugs and drug proceeds.  When law enforcement entered his house on February 10, 2017, Boice had a loaded Mossberg Maverick shotgun, leaning against a wall of his bedroom and directly next to the door, and a loaded DPMS Panther Arms .223-5.56 mm semi-automatic rifle, under his bed.

Senior United States District Judge Gary L. Sharpe also imposed a 3-year term of supervised release, to begin after Boice’s release from prison.

This case was investigated by the DEA and its Capital District Drug Enforcement Task Force; the Saratoga Springs Police Department; and the New York State Police.  The Saratoga County District Attorney’s Office assisted in the investigation.

This case was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Darrell Chapman, also known as “Bishop” and “Sly Foxx,” age 40, was sentenced today to 198 months in prison for narcotics and gun offenses.

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

Chapman is a self-described founder of the East Bishop Family, a set of the Bloods operating in the Capital Region.  In pleading guilty, Chapman admitted to regularly obtaining distribution-size quantities of cocaine and heroin in New York City, which he and others sold in the Albany area.  In addition to Albany, Chapman’s drug-distribution operations reached as far as Rochester, New York, and to Pennsylvania. 

In the early-morning hours of October 18, 2017, Chapman was stopped returning to Albany from New York City with 250 grams of heroin.  Later in the day, law enforcement seized over 100 grams of cocaine from Chapman’s jewelry store, “The Freezer,” on South Pearl Street in Albany, and seized digital scales, a money counter, and $3,910 in cash from Chapman’s home in Rensselaer.  In searching a Chevy Malibu parked behind Chapman’s home, law enforcement seized approximately 1.5 kilograms of cocaine, cutting agent, and additional digital scales.  Law enforcement also seized four handguns and two rifles, some of which were loaded, and over 100 rounds of ammunition.  Chapman admitted he used the guns to protect his drugs and drug proceeds. 

In 1997 and 1998, Chapman was convicted in state court of robbery, attempted robbery, and criminal sale of a controlled substance, and was on parole at the time of his arrest on October 18, 2017. 

Senior United States District Judge Frederick J. Scullin, Jr. also imposed a 5-year term of supervised release, to begin after Chapman is released from prison.  The terms of Chapman’s supervise release prohibit him from associating with any member, associate, or prospect of the Bloods, or any other criminal gang, club, or organization. 

This case was investigated by the New York State Police and FBI, and was prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck. 

SYRACUSE, NEW YORK – Richard J. Potter, Jr., age 55, of Springport, New York, was arrested today on charges of receipt of child pornography and possession of a firearm by a convicted felon, announced United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Potter appeared today before United States Magistrate Judge Thérèse Wiley Dancks.  A registered sex offender based on a 2003 state felony conviction related to the sexual abuse of a minor, Potter was ordered detained pending the resolution of his case.

The criminal complaint unsealed today alleges that Potter used a computer to receive images and videos of child pornography from the Internet, and stored thousands of digital copies of those images and videos on cellular telephones. In addition, Potter is alleged to be in possession of a 12-gauge shotgun following a previous felony conviction.

If convicted of receipt of child pornography, Potter faces a mandatory minimum sentence of fifteen years and a maximum term of 40 years imprisonment, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. The charge of unlawful possession of a firearm by a convicted felon carries a maximum term of imprisonment of ten years, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

This case was investigated by the Federal Bureau of Investigation’s Mid-State Child Exploitation Task Force, the New York State Police Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU), and the Cayuga County District Attorney’s Office. The case is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

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 Office, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.

SYRACUSE, NEW YORK – Aaron Bohannon, 53, of Utica, New York, pled guilty yesterday to one count of sexual exploitation of a child and one count of distribution of child pornography, announced United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Sentencing is scheduled for December 17, 2020, at which time Bohannon faces a minimum of 15 years and up to 50 years in prison, a fine of $250,000, and a term of supervised release of at least 5 years and up to life.  Bohannon also will be required to register as sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

As part of his guilty plea, Bohannon admitted that he sexually exploited his victim from at least 2018 through June of 2019, recorded the abuse, and distributed the sexually explicit material to others. Bohannon further admitted that he distributed other sexually explicit images and videos of minors. 

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

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

ALBANY, NEW YORK – Hakeem Mauzon, age 29, of Troy, New York, was sentenced on Tuesday to 63 months in prison for distributing crack cocaine.

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

Mauzon was also ordered by Chief United States District Judge Glenn T. Suddaby to serve a period of 4 years of supervised release following his term of incarceration, and to forfeit to the government $4,560 in proceeds from his drug trafficking activity.

Mauzon pled guilty to distributing over 28 grams of crack cocaine in November 2018 in Troy. At his guilty plea, Mauzon admitted to selling crack cocaine on three other occasions in 2018 in Troy, for a total of approximately 200 grams among the four sales.

This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

 

SYRACUSE, NEW YORK – Shannon Hardy Sekel, age 33, of Herkimer, New York, was sentenced yesterday to serve 18 months in federal prison for her guilty pleas to Conspiracy to Steal Government Funds and Bank Fraud, announced United States Attorney Grant C. Jaquith, Special Agent in Charge John Grasso-Social Security Administration-Office of the Inspector General (“SSA-OIG”), New York Field Division, and New York State Police Superintendent Keith Corlett.

The sentence imposed yesterday followed the defendant’s guilty plea in May 2018, in which Sekel admitted that she conspired from 2009 to 2013 with her mother, TammyLynn Sterling Barthelmess, to steal the social security benefits paid to D.W., a deceased man whose death was unknown to the Social Security Administration. D.W.’s remains were discovered in an advanced state of decomposition inside a dog-crate behind an unoccupied house owned by TammyLynn Sterling Barthelmess, Sekel’s mother and co-conspirator. Following the death of D.W., Barthelmess and Shannon Hardy Sekel used his checking account to steal Social Security retirement benefits that were deposited in the account each month. Barthelmess and Sekel wrote hundreds of checks from D.W.’s checking account until the payments stopped in May 2013 after his skeletonized remains were found and reported to Little Falls Police. Thereafter, an investigation conducted by the New York State Police and the Social Security Administration Office of Inspector General determined that Social Security retirement payments paid into D.W.’s checking account following his death were stolen by Sekel and Barthelmess.

In imposing sentence yesterday, Shannon Hardy Sekel was also ordered to serve a three-year term of supervised release following completion of her prison sentence, and ordered to pay restitution (with her co-conspirator) to the U.S. Social Security Administration (SSA) in the amount of $110,910.00.

Sekel’s co-conspirator, TammyLynn Sterling Barthelmess, pled guilty during trial on February 26, 2020, and was sentenced on August 5, 2020 to serve 24 months in prison, a three (3) year term of supervised release, and ordered to pay (with Sekel) $110,910.00 restitution to the U.S. Social Security Administration.

This case was investigated by the United States Social Security Administration-Office of Inspector General (SSA-OIG”), the New York State Police, and the City of Little Falls Police Department, and was prosecuted by Assistant U.S. Attorneys Tamara B. Thomson and Richard R. Southwick, with assistance from the Herkimer County District Attorney’ Office.

ALBANY, NEW YORK – Autumn Saglimbeni, age 35, was sentenced today to 21 months in prison for escaping from Horizon House Residential Re-entry Center on November 7, 2019, announced United States Attorney Grant C. Jaquith.

Saglimbeni pled guilty on March 11, 2020. As part of her guilty plea, she admitted that in October 2015, she was committed to the custody of the U.S. Bureau of Prisons for a term of 77 months, and that, while she was serving the remainder of her prison term at a federal halfway house, she left the halfway house without permission.

In addition to a term of imprisonment, Saglimbeni will be required to serve a post-imprisonment supervised release term of 3 years.

The case was investigated by the United States Marshals Service. The case was prosecuted by Assistant United States Attorney Ashlyn Miranda.

ALBANY, NEW YORK – Thomas Squires, age 35, of Cairo, New York, was arrested yesterday and charged with attempting to entice a child.  

The announcement was made by United States Attorney Grant C. Jaquith 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 July 27, 2020 and August 19, 2020, Squires exchanged sexually explicit text messages with an undercover investigator who was posing as a child.  In those messages, Squires repeatedly asked the child for naked photos of the child, and sent photos of his own genitalia.  Squires further asked to meet the child in person at a pre-determined location in Cairo, to engage in sexual acts with the child in his car.  On August 19, 2020, Squires traveled from his residence in Cairo to the pre-determined location to meet and have sex with the child.  Squires was encountered by law enforcement upon his arrival and arrested. 

Squires appeared today before United States Magistrate Judge Christian Hummel, and was detained pending a detention hearing set for August 24.  

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

This case is being investigated by the FBI and its Child Exploitation Task Force, with assistance from the Greene County Sheriff’s Office, and is being prosecuted by Assistant United States Attorney Rachel Williams. 

Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Albany Field Office at (518) 465-7551. 

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

ALBANY, NEW YORK – William Gonzalez, age 56, of the Bronx, New York, pled guilty on Tuesday to conspiring to distribute and possess with intent to distribute more than 5 kilograms of cocaine. The announcement was made by United States Attorney Grant C. Jaquith and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Gonzalez admitted that between August 2018 and September 2019, he distributed at least 5 kilograms of cocaine to a co-conspirator by meeting the co-conspirator in a parking lot in Saratoga Springs, New York, and exchanging cocaine for cash.  Gonzalez admitted that he knew the co-conspirator would further redistribute the cocaine. Gonzalez further admitted that on September 25, 2019, he sold 1 kilogram of cocaine to the co-conspirator in exchange for cash.

Sentencing is scheduled for January 12, 2021 before Chief United States District Judge Glenn T. Suddaby, at which time Gonzalez faces a mandatory minimum term of imprisonment of 10 years, and a maximum sentence of up to life in prison, and a term of post-imprisonment 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. The defendant agreed in his plea agreement to forfeit to the United States the proceeds of his illegal activity.

The following co-defendants were previously charged and/or sentenced:

On July 13, 2020, Nestor Cordero-Hernandez was sentenced to 87 months in prison to be followed by a 3-year term of supervised release.

On March 12, 2020, Victor Aguero Vasquez was indicted on charges of conspiracy to distribute and possess with intent to distribute cocaine, and distribution of cocaine.  On November 22, 2019, April Allen was charged with possession with intent to distribute cocaine. The charges against these defendants are merely allegations, and they are presumed innocent unless and until proven guilty.

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

ALBANY, NEW YORK - Arthur Gurbey, age 48, of Green Island, New York, pled guilty on August 12 to one count of receipt of child pornography and one count of possession of child pornography.

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

Sentencing is scheduled for December 15, 2020 before Senior United States District Judge Thomas J. McAvoy.  Gurbey faces a minimum of 5 years and up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. 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 his guilty plea, Gurbey admitted that he exchanged sexually explicit messages with a person he believed to be a 15-year old girl, whom he attempted to meet in person in Saratoga County, on November 27, 2018. He also admitted to using his cellphone to receive images and videos of child pornography. A forensic review of Gurbey’s phone revealed that it contained over 100 image and video files depicting the sexual abuse of children

This case was investigated by the FBI’s Child Exploitation Task Force and the Saratoga County Sheriff’s Office, with assistance from the Saratoga County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Emily C. Powers.

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

ALBANY, NEW YORK –Tyler C. King, age 31, of Dallas, Texas, was sentenced today to 57 months in prison for computer fraud and aggravated identity theft in connection with his hacking of a New York-based technology company. 

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

United States Attorney Grant C. Jaquith stated: “Tyler King hacked into a major technology company, damaged its systems, stole its data, and laughed about it, all from the comfort of his sofa in Texas.  He will now serve 57 months in federal prison.  Those interested in hiding behind their keyboards to steal information and damage property should take today’s sentence as a stark reminder that computer hacking is a serious business with serious consequences.  I thank the FBI for its exceptional work in bringing King to justice.”

FBI Special Agent in Charge Thomas F. Relford stated: “This kind of behavior is not a prank, and it isn’t harmless. Today’s sentence should serve as a reminder that cybercrime is a serious threat and the FBI is prepared to go to any lengths to apprehend criminals like Mr. King.”

Senior United States District Judge Thomas J. McAvoy ordered King to serve a 2-year term of supervised release, to begin after King is released from prison, and to pay a fine of $15,000 and $21,159 in restitution.

The evidence at King’s 5-day trial, in November 2019, established that he conspired with Ashley St. Andria in 2015 to gain access to the computer network of a New York-based technology company that employed St. Andria.  While on the company’s network, King and St. Andria created unauthorized administrator accounts that gave them access to proprietary company information, including real-time access to the emails of senior company executives, personnel files, and financial records. 

In response to the company shutting down the fake administrator accounts, King regained access to the network with the assistance of St. Andria, stole proprietary business records, and – through a series of sophisticated steps, including the use of password-cracking programs – bypassed the company’s security measures.  In doing so, King illegally used the credentials of two company employees based overseas.  The jury convicted King of conspiring to commit computer fraud, computer fraud, and two counts of aggravated identity theft. 

In June 2020, King pled guilty to obstructing justice by falsifying evidence for use at his November 2019 trial.

King’s co-conspirator, Ashley St. Andria, age 31, of Irving, Texas, pled guilty to computer fraud on August 15, 2018 and was sentenced by Judge McAvoy to time served, and 2 years of supervised release, in March 2020.

This case was investigated by the FBI, and prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.

SYRACUSE, NEW YORK – Jason Lebron, 28, of Syracuse, NY, was sentenced today to serve 92 months in federal prison based on his previous guilty plea for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced United States Attorney Grant C. Jaquith, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Chief Kenton Buckner, City of Syracuse Police Department.

In imposing sentence, Senior U.S. District Judge Frederick J. Scullin, Jr. also ordered Lebron to serve three years of supervised release following his term of imprisonment.  As part of his guilty plea, Lebron admitted that he was a member of the 110 Gang operating in the city of Syracuse, and that he repeatedly distributed cocaine base (“crack”) in the gang’s territory.  In imposing sentence, the Court found that the 110 Gang members regularly possessed and used firearms to facilitate their drug trafficking, and that the defendant was aware of such use.

Jason Lebron was one of 14 defendants charged with violating RICO based on their membership in the 110 Gang.  The other 13 men have all pled guilty or been convicted at trial.  Co-defendant Damani Prince was sentenced in October 2019 to 6.5 years in prison, to be followed by three years supervised release; and co-defendant Rashawn Wynn was sentenced in July 2020 to 92 months in prison, to be followed by three years supervised release.  The remaining defendants in the case are awaiting sentencing.  

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’s Office, and the Onondaga County District Attorney’s Office.  This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.

This prosecution 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 – Michael T. Mann, age 50, of Saratoga County, New York, pled guilty today to orchestrating a years-long fraud that caused more than $100 million in losses to banks, financing companies, and other businesses.

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

Mann operated ValueWise Corporation, based in Clifton Park, New York, as well as subsidiary companies including MyPayrollHR.com LLC.  In pleading guilty, he admitted that from 2013 to September 2019, he engaged in a fraudulent scheme to deceive banks and financing companies into loaning his companies tens of millions of dollars. Because Mann could not repay the loans with legitimate business revenues, he expanded the fraud, by stealing and diverting millions of dollars that were entrusted to his payroll companies, and engaging in the daily kiting of millions of dollars among bank accounts he controlled.

Mann’s scheme collapsed in early September 2019, when one of his banks froze his accounts, setting off a chain of events that left his payroll companies unable to make payroll for hundreds of small business customers nationwide.

United States Attorney Grant C. Jaquith stated: “Michael Mann’s fraud was staggering.  He caused more than $100 million in losses and wove a web of deception so complex that it eventually ensnared hundreds of small businesses and several thousand workers across the country. Today’s plea is the start of holding him accountable for the terrible harm he inflicted on these victims, as well as the banks and other companies that trusted him with their money and believed his sophisticated lies.”

FBI Special Agent in Charge Thomas F. Relford stated: “Michael Mann’s deception directly impacted thousands of people across the country. Helping himself to those funds left the businesses who trusted him with their payroll unable to pay their employees who survive on timely paychecks. While many of the businesses were able to recover, others experienced irreparable hits to their reputations. Today’s admission of guilt is a small step forward in their process to rebuild. The FBI will continue to work with our law enforcement partners to aggressively pursue and charge those who willingly defraud our citizens and banking institutions.”

Mann pled guilty to one count of conspiracy to commit wire fraud, one count of aggravated identity theft, nine counts of bank fraud, and one count of filing a false tax return.

Mann’s scheme had multiple layers, including: 

• Mann obtained tens of millions of dollars in loans from three financing companies, located in New York, Colorado and California, respectively, by falsifying his companies’ revenues and receivables. Mann falsely told the financing companies that Minnesota-based UnitedHealth Group Incorporated (“UHG”) and its subsidiary OptumInsight Inc. (“Optum”), owed millions of dollars to his companies.  Mann created fake invoices reflecting the fictitious debt and assigned them to the financing companies as collateral for the loans.

• Mann fraudulently obtained a line of credit (“LOC”) from several Capital Region banks, which had grown to $42 million by 2019.  To obtain the LOC, Mann created companies whose sole purpose was to further the fraud by generating fake invoices, disguising sources of funds, and artificially inflating his assets; falsely represented to the banks that his fake businesses had revenues and receivables based on consulting work for Optum/UHG and other well-known companies, including 3M, Best Buy and T-Mobile; hid the tens of millions of dollars in loans he was receiving from the financing companies, and that he was using the LOC to pay down these loans; and provided false financial statements, and individual and corporate tax returns, to his outside auditor, which in turn made inaccurate reports to the banks.

• Mann misappropriated payroll monies, entrusted to MyPayrollHR and another company, by changing the instructions for digital Automated Clearing House (“ACH”) files that were supposed to transmit payroll from MyPayrollHR’s customers (employers) to the employees of the customers.  Although his companies’ contracts with Cachet Financial Services specified that ACH transfers would route payroll funds from the employers’ accounts to a designated Cachet trust account and then directly to the customers’ employees, Mann changed the instructions inside digital ACH files provided to Cachet, in order to divert payroll funds from MyPayrollHR’s customers into accounts he controlled at Pioneer Bank. When Pioneer Bank froze Mann’s corporate accounts on or about August 30, 2019, it froze the payroll funds in those accounts, and caused several thousand people across the country to not receive a payroll payment. Cachet, as the guarantor of the payroll funds, paid about $7.2 million to the employees of MyPayrollHR’s customers.

 

Mann is scheduled to be sentenced on December 10, 2020 by Senior United States District Judge Lawrence E. Kahn.  He will be sentenced to 2 years in prison on the aggravated identity theft conviction, and, on the other charges, faces maximum terms of 3 years (filing a false tax return), 20 years (wire fraud conspiracy), and 30 years (bank fraud). 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.

Mann has agreed to entry of an order requiring him to pay $101,038,793.31 in restitution, and to forfeit assets including $14,522,474.90 already seized by the Government, 30,000 common shares of Pioneer Bancorp Inc. already seized by the Government, and a 2020 Jeep Gladiator.

Mann is the second person to plead guilty in connection with this fraud.  On February 6, 2020, former Optum employee Luke E. Steiner, age 32, of Minneapolis, Minnesota, pled guilty to conspiring with Mann to defraud two financing companies out of millions of dollars.

This case is being investigated by the FBI, as well as Internal Revenue Service-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck.