Northern District of New York

ALBANY, NEW YORK – Brian Botsford, age 24, of Troy, New York, was arrested on Monday and charged with attempting to entice or coerce 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 14, 2020 and August 10, 2020, Botsford exchanged sexually explicit text messages with an undercover investigator who was posing as a 13-year-old girl.  On August 10, 2020, Botsford traveled from Troy to Cohoes, New York, to meet and have sex with a 13-year-old child at a predetermined location.  Botsford was encountered by law enforcement and arrested. 

Botsford appeared in court yesterday for an initial appearance before United States Magistrate Judge Christian Hummel.  Today, Botsford waived his right to a detention hearing, subject to renewal of that right upon further notice.

The charge filed against Botsford 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, including investigators from the Colonie Police Department, and is being prosecuted by Assistant United States Attorney Rachel Williams. 

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

This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s 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 – Three men have been arrested for their roles in a $46.8 million money laundering scheme involving the smuggling of cut rag tobacco into Canada from the United States.

The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Jonathan D. Larsen, Special Agent In Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CID).

Edgar M. Baker, Jr., age 46, of Southern Pines, North Carolina; Jeffrey Doctor, age 48, of Washington, D.C.; and Carey Terrance, age 39, of Hogansburg, New York, were arrested last week following their indictment on July 23, 2020, on one count of conspiracy to commit money laundering.

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

The indictment alleges that, from approximately 2013 to 2016, the defendants worked together and with others to acquire cut rag tobacco and smuggle it into Canada, where it was made into contraband cigarettes. Members of the conspiracy sold the contraband cigarettes, making substantial profits by avoiding taxes and duties, and used some of their profits to buy more cut rag tobacco that they sent into Canada.

Funds to purchase the cut rag tobacco were sent from Canada, often through the Northern District of New York, to North Carolina.  Once purchased, the cut rag tobacco was delivered to warehouses and buildings in the Northeastern United States, including on the Akwesasne St. Regis Mohawk Indian Reservation, where it was staged for smuggling into Canada. Each truckload of cut rag tobacco in the scheme (totaling over 18 million pounds) was worth approximately $3 million in lost tax revenue for the Canadian and Quebecois governments.

If convicted, each defendant faces up to 20 years in prison, a fine of up to $500,000 or twice the value of the funds involved in the conspiracy, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by HSI and IRS-CID, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

SYRACUSE, NEW YORK - Amber Decker, age 26, of Antwerp, New York, was sentenced in federal court today to serve 264 months (22 years) in federal prison for her part in the sexual exploitation and hands-on abuse of a two year old child, 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).

In June 2019, Decker pled guilty to all counts of a seven-count indictment, admitting that she, together with her husband, Logan Decker, conspired to and sexually exploited the child for the purpose of producing images and videos of the abuse.  Decker admitted that on several occasions in July and August, 2018, while she was living in Jefferson County, New York, and her husband was located in Sioux Falls, South Dakota, she videotaped her sexual abuse of the two-year-old, and uploaded the video files to a cloud storage account for her husband to view. 

United States District Judge David N. Hurd also imposed a term of supervised release of 20 years to follow Decker’s term of incarceration, at which time she will also be required to register as a sex offender. 

Logan Decker pled guilty to the same offenses, and is scheduled for sentencing on September 23, 2020. 

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

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ 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 – Santiago Ordonez Felipe, age 47, a citizen of Guatemala, was sentenced today to time served (36 days in jail) for illegally re-entering the United States.

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

Ordonez Felipe admitted as part of his guilty plea that he is a citizen of Guatemala, and that he was removed from the United States to Mexico on August 18, 2015 after he was arrested by Border Patrol while illegally entering Arizona from Mexico.  On July 7, 2020, he was found by an ICE Officer in Whitehall, New York.  A check of fingerprint records verified the prior removal.  

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Carlos Rivera, age 43, of Chatham, New York, was sentenced today to 60 months in prison for possession of a firearm by a felon and possession with the intent to distribute cocaine.

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

Rivera was also ordered to serve a period of 6 years of supervised release following his term of incarceration, and to forfeit to the government $7,000 in proceeds from his drug trafficking activity, as well as a Mossberg 12 gauge shotgun. 

Rivera admitted that in September 2018, he possessed approximately 479.5 grams of cocaine, including 79.5 grams of cocaine in his bathroom, and 400 grams of cocaine in his garage hidden in plastic containers that the he had magnetically attached to his car; a scale; and drug packaging material.  In Rivera’s bedroom, officers found a Mossberg 535 12 gauge shotgun; 12 gauge ammunition on the floor near the shotgun; additional ammunition in his closet; and $5,000 in his dresser. 

This case was investigated by the DEA and the Columbia County Sheriff’s Office, and prosecuted by Assistant U.S. Attorney Troy Anderson.

ALBANY, NEW YORK – Mario Figueroa-Portalatin, age 41, of Troy, New York, pled guilty today to conspiring to distribute at least 10 kilograms of heroin.

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

In pleading guilty, Figueroa-Portalatin admitted that for two years ending in March 2020, he sold at least 10 kilograms of heroin, which he acquired from a source of supply in New York City.  From March 2018 to March 2020, he traveled to New York City once a month, on average, and each time purchased between 500 grams and 1 kilogram of heroin that he brought back to Troy, packaged, and sold.

On March 30, 2020, Figueroa was the subject of a traffic stop in Troy.  Police officers seized a black canvas bag, on the front passenger floorboard of his vehicle, that contained approximately 200 grams of heroin that Figueroa intended to sell that day to a customer.  Law enforcement then executed warrants on Figueroa’s apartment and another apartment in the same building, and seized $34,001 in drug trafficking proceedings.  In Figueroa’s bedroom, officers found a Hi-Point model JHP .45 caliber pistol.

Figueroa will be sentenced on December 8, 2020 by Chief United States District Judge Glenn T. Suddaby.  He faces at least 10 years and up to life in prison, as well as post-release supervision of at least 5 years and up to life.  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 DEA Albany and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Alex Cheney, age 55, of Moriah, New York, was sentenced today to 3 years of probation and 100 hours of community service for making a false statement to the Department of Veterans Affairs (VA) in order to receive Individual Unemployability benefits. 

The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Christopher F. Algieri, United States Department of Veterans Affairs, Office of the Inspector General, Northeast Field Office. 

As part of his guilty plea, Cheney admitted that he falsely certified on an employment questionnaire that he was not employed or self-employed at any time during the prior 12 months when he was, in fact, working in construction and earning wages. 

This case was investigated by the VA Office of Inspector General and prosecuted by Assistant U.S. Attorney Ashlyn Miranda. 

SYRACUSE, NEW YORK – Richard O’Hara, age 31, of Glen Aubrey, New York had an initial appearance in federal court in Binghamton, New York yesterday on charges that he attempted to coerce and entice a minor to engage in sexual activity that would constitute a crime in New York. 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).

As alleged in the criminal complaint, O’Hara responded to a public message on a social networking website and then communicated with an undercover law enforcement officer who he believed to be a parent and 10-year-old daughter.  O’Hara was arrested after he showed up at a house expecting to engage in sex acts with the girl, after promising her gifts if she engaged in sex acts with him. 

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 five years and life.  He will also be required to register as a sex offender.

Following his initial appearance in Court, the defendant was detained pending further proceedings. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by the Federal Bureau of Investigation (FBI) and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian 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.

PLATTSBURGH, NEW YORK – Jade Martin, age 25, of Cornwall Island, Ontario, Canada, made his initial appearance today in federal court in Plattsburgh, on charges that he knowingly concealed $256,910 in United States currency in his car, with the intent to evade currency reporting requirements, and attempted to transport that currency from the United States into Canada. 

The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Robert Dwyer, Massena Port Director, United States Customs and Border Protection (CBP).

A complaint alleges that on August 4, 2020, Martin concealed $256,910 in two boxes, and drove with these boxes to the Massena, New York, Port of Entry, where he attempted to transport them into Canada.  The complaint further alleges that CBP Officers discovered the cash during an outbound inspection, after Martin denied traveling with more than $10,000 in currency.  Federal law requires a person to report the transportation of currency over $10,000 upon exiting the United States.  The charges in the complaint are merely accusations, and Martin is presumed innocent unless and until proven guilty.

The felony charges against Martin carry a maximum penalty of 5 years in prison and a term of supervised release of up to 3 years.  If convicted, Martin may also be ordered to forfeit to the United States any property involved in the offense. 

This case is being investigated by HSI and CBP, and is being prosecuted by Assistant U.S. Attorney Shira C. Hoffman.

SYRACUSE, NEW YORK – Nicholas Tarbell, age 32, of Syracuse,  was sentenced today to serve 63 months in prison for conspiring to distribute marijuana and money laundering, announced United States Attorney Grant C. Jaquith, Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and Gregory S. Oakes, Oswego County District Attorney.

As part of his previous guilty plea, Tarbell admitted that between approximately January and August 2017 he received bulk quantities of marijuana from a source of supply. Tarbell sold marijuana he received and sent proceeds from some of those sales back to his source of supply by courier. As part of his guilty plea, Tarbell admitted to distributing and/or possessing approximately 350 kilograms of marijuana.

In addition to his term of imprisonment, the court also sentenced Tarbell to 4 years of supervised release and ordered him to pay a money judgment in the amount of $469,184.

This case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department and Agents of the U.S. Border Patrol.  The case was prosecuted by Assistant United States Attorney Thomas Sutcliffe.

ALBANY, NEW YORK – Another Florida resident has been arrested in connection with an access device fraud and money laundering scheme, for stealing credit and debit card numbers of gas station customers across the country, including in Albany, Broome and Montgomery Counties in the Northern District of New York.

The announcement was made by 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 Inspector in Charge Joseph Cronin, Boston Division, United States Postal Inspection Service (USPIS).

The defendant arrested today was Yanio Montes De Oca, age 33, of Miami, Florida, charged with conspiracy to commit money laundering.

Yesterday, four other defendants were arrested:

• Yudiel Ceballos, age 33, of Miami, charged with conspiracy to commit access device fraud;
• Arley Gonzalez, age 34, of Miami, charged with conspiracy to commit access device fraud;
• Marlon Palacios, age 36, of Miami and Pittsburgh, Pennsylvania, charged with conspiracy to commit access device fraud and aggravated identity theft; and
• Yuny Hurtado Rodriguez, age 31, of Miami, charged with conspiracy to commit access device fraud.

These defendants were charged in a superseding indictment, which was unsealed yesterday. An initial indictment in this case, unsealed in October 2019, resulted in the arrests of:

• Joan Jesus Manso Dieguez, age 33, of Miami, charged with conspiracy to commit access device fraud and money laundering;
• Atnetys Ferreira, age 40, of Miami, charged with conspiracy to commit money laundering; and
• Hugo Hernandez, age 32, of Miami Lakes, Florida, charged with conspiracy to commit access device fraud and money laundering.

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

According to the superseding indictment, from April 2016 through approximately December 2018, certain defendants – those charged with conspiring to commit access device fraud – built gas station skimming devices and installed those devices inside gas pumps so that they could steal credit and debit card data of customers who used the “pay at the pump” function to purchase gasoline. The defendants then used that data to create fraudulent debit and credit cards, which they or co-conspirators used to obtain money orders, gift cards, cash, and other merchandise. The indictment also alleges that certain defendants – those charged with conspiring to launder money – engaged in financial transactions with money orders and gift cards obtained through the scheme, to conceal the source of the funds and transfer money to bank accounts controlled by the members of the conspiracy.

This case is being investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office.  The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.

BINGHAMTON, NEW YORK – TammyLynn Sterling Barthelmess, age 62, of Little Falls, New York, was sentenced today to serve 24 months (two years) in federal prison for her guilty pleas to Conspiracy to Steal Government Funds and three Counts of 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 today followed the defendant’s guilty plea during trial on February 26, 2020, in which Barthelmess admitted that she conspired from 2009 to 2013 with her daughter, Shannon Hardy Sekel, to conceal the death of D.W., a tenant of hers (Barthelmess) in Little Falls, New York. Barthelmess and others caused the body of D.W. to remain hidden until it was discovered in Little Falls on May 1, 2013, in an advanced state of decomposition inside a dog crate behind an unoccupied house owned by the defendant. Following the death of D.W., TammyLynn Sterling Barthelmess and Shannon Hardy Sekel used the checking account of D.W. to steal Social Security retirement benefits that were deposited in the account each month. The defendant and Sekel wrote hundreds of checks from D.W.’s checking account until the payments stopped in May 2013 following the discovery of D.W.’s body. As a further part of her previous guilty plea, Barthelmess admitted to making false statements to New York State Police Investigators who interviewed her after D.W.s skeletonized remains were located and reported to the City of Little Falls (New York) Police on May 1, 2013.

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

Shannon Hardy Sekel, the defendant’s daughter, previously pled guilty to Conspiracy to Steal Government Money and Bank Fraud. Her sentencing is scheduled for August 19, 2020 in Binghamton, New York.

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 is being 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 – Four more people have been arrested in Florida and Pennsylvania in connection with an access device fraud and money laundering scheme, for stealing credit and debit card numbers of gas station customers across the country, including in Albany, Broome and Montgomery Counties in the Northern District of New York.

The announcement was made by 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 Inspector in Charge Joseph Cronin, Boston Division, United States Postal Inspection Service (USPIS).

The four defendants arrested today are:

• Yudiel Ceballos, age 33, of Miami, Florida, charged with conspiracy to commit access device fraud;
• Arley Gonzalez, age 34, of Miami, charged with conspiracy to commit access device fraud;
• Marlon Palacios, age 36, of Miami and Pittsburgh, Pennsylvania, charged with conspiracy to commit access device fraud and aggravated identity theft; and
• Yuny Hurtado Rodriguez, age 33, of Miami, charged with conspiracy to commit access device fraud.

An initial indictment in this case, unsealed in October 2019, resulted in the arrests of:

• Joan Jesus Manso Dieguez, age 33, of Miami, charged with conspiracy to commit access device fraud and money laundering;
• Atnetys Ferreira, age 40, of Miami, charged with conspiracy to commit money laundering; and
• Hugo Hernandez, age 32, of Miami Lakes, Florida, charged with conspiracy to commit access device fraud and money laundering.

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

According to the indictment, from April 2016 through approximately December 2018, certain defendants – those charged with conspiring to commit access device fraud – built gas station skimming devices and installed those devices inside gas pumps so that they could steal credit and debit card data of customers who used the “pay at the pump” function to purchase gasoline. The defendants then used that data to create fraudulent debit and credit cards, which they or co-conspirators used to obtain money orders, gift cards, cash, and other merchandise. The indictment also alleges that certain defendants – those charged with conspiring to launder money – engaged in financial transactions with money orders and gift cards obtained through the scheme, to conceal the source of the funds and transfer money to bank accounts controlled by the members of the conspiracy.

This case is being investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office.  The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.

ALBANY, NEW YORK – Blake Spears, age 39, of Westmere, Town of Guilderland, New York, pled guilty today to sexual exploiting 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).

Spears admitted that on December 1, 2018, he used his phone to video-record himself masturbating while standing over a sleeping child. He also admitted to using a phone messaging application to distribute, to others, videos depicting the sexual abuse of other children.

Spears, who has been in custody since his arrest on February 15, 2019, faces at least 15 years and up to 30 years in prison, as well as a term of post-release supervision of at least 5 years and up to life, when United States District Judge Mae A. D’Agostino sentences him on December 1, 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 Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department and New York State Police.   The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Glen Zinszer, 50, of Liverpool, New York, made his initial appearance yesterday and was arraigned in federal court in Syracuse, on charges that he filed false federal tax returns and failed to file a tax return when he was required to do so.  Following the court appearance, Zinszer was released on conditions of supervision pending trial. The announcement was made by United States Attorney Grant C. Jaquith, Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service–Criminal Investigation (“IRS-CI”), and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

As alleged in the indictment, Zinszer failed to report as income on his tax returns hundreds of thousands of dollars that he withdrew from a company called Brazzlebox that he was operating in Syracuse, New York. It is further alleged that Zinszer used the money he withdrew from Brazzlebox’s accounts to finance personal expenses and obligations, including the payment of mortgages on personal properties, cash withdrawals for personal use, retail purchases, stays at hotels and spas, and personal telephone and internet service. The indictment also alleges that Zinszer failed to file a federal income tax return for tax year 2016 when he was required to do so.

The felony charges against Zinszer carry a maximum prison sentence of up to three years per count, a fine of up to $100,000 per count, and a term of supervised release of up to one year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

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 Internal Revenue Service–Criminal Investigation (“IRS-CI”) and the Federal Bureau of Investigation (FBI), and is being prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Geoffrey J.L. Brown.

ALBANY, NEW YORK – Peter Mami, age 41, and James Taylor, age 32, both of Orange County, New York, were indicted yesterday with possessing and intending to distribute more than 500 grams 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.

According to the indictment and a previously filed criminal complaint, on March 2, 2020, Taylor and Mami possessed with the intent to distribute approximately two kilograms of cocaine. The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

If convicted, Taylor and Mami each face at least 5 years and up to 40 years in prison, a fine of up to $5 million, and a term of supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

UTICA, NEW YORK – Abner Peralta, age 31, and Luis Colon, age 35, both of Utica, were sentenced today after previously being found guilty after trial of drug trafficking charges. Peralta was sentenced to serve 60 months in federal prison, followed by a 4-year term of supervised release and forfeiture of $650.00. Colon was sentenced to time served. The sentences were announced 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.

Earlier this year, Peralta and Colon were found guilty after a five-day jury trial in federal court in Utica of conspiracy to distribute and to possess with intent to distribute cocaine in the Utica area from October 2016 to October 2017. The jury also found Peralta guilty of possession with intent to distribute of 28 grams or more of cocaine base (crack cocaine). The evidence at trial showed that Peralta and Colon conspired with each other and others to distribute cocaine in the Utica area and that Peralta, the head of the conspiracy, had access to kilogram-quantities of cocaine. The evidence also showed that Peralta maintained a drug “stash house” in Utica where he kept drugs and drug packaging materials. During the trial, a fingerprint analyst testified that he identified Peralta’s fingerprints on some of the drug packaging material seized from the stash location. The cocaine base Peralta possessed with the intent to distribute was found during a search warrant executed at this location in October 2017. The evidence at trial also included testimony that law enforcement officers searched Peralta’s house and found multiple items in the garage that tested positive for cocaine residue, including a digital scale.

This case was investigated by the United States Drug Enforcement Administration (DEA) with assistance from the New York State Police, Oneida County Sheriff’s Office, Rome Police Department, Utica Police Department, Cortland Police Department, Investigators from the Onondaga County District Attorney’s Office; U.S. Border Patrol; and Internal Revenue Service – Criminal Investigation (IRS-CI), and it was prosecuted by Assistant U.S. Attorneys Michael F. Perry & Thomas Sutcliffe.

ALBANY, NEW YORK – Kurtis Walter, age 27, of Troy, New York, was sentenced today to serve 78 months in prison for distribution and receipt of child pornography, announced United States Attorney Grant C. Jaquith, and Thomas F. Relford, Special Agent in Charge of the FBI Albany Field Office.

United States District Court Judge Mae A. D’Agostino also sentenced Walter to 15 years of supervised release, to begin following his term of imprisonment. Walter will also be required to register as a sex offender upon his release from prison.

Walter pled guilty on January 23, 2020.  At that time, he admitted that in November 2017, he used a laptop computer equipped with an Internet-based instant messaging and file-sharing application to distribute child pornography. He also admitted to using the same laptop to search for and download child pornography, which he accessed through sites located on the Internet’s so-called dark web.  Walter’s laptop and external devices contained approximately 98 video files and 2,349 image files depicting child pornography.

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.  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 http://www.justice.gov/psc/.

ALBANY, NEW YORK – Timothy J. Bush, 49, of Fort Edward, New York, appeared on July 23, 2020 in federal court on charges that he attempted to patronize a child under the age of 14 for a commercial sex act, 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). 

According to the criminal complaint filed in this case, on July 23, 2020, the defendant arranged to pay a woman $100 to have sex with her eleven-year-old daughter.  The woman was an FBI agent acting in an undercover capacity. On July 28, 2020, Bush was ordered detained pending further court proceedings.

The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty. If convicted, Bush faces a maximum sentence of life imprisonment, a mandatory minimum sentence of 15 years, a term of supervised release of at least 5 years, and up to life following any term of incarceration, a fine of up to $250,000, and will be required to register as a sex offender.   

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and is being prosecuted by Assistant U.S. Attorney Shira C. Hoffman.  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/.

SYRACUSE, NEW YORK – Luis Matos, age 31, of Syracuse, was sentenced today to serve 60 months in federal prison for his possession of four (4) firearms as a convicted felon, announced United States Attorney Grant C. Jaquith, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Kenton Buckner, City of Syracuse Police Department (SPD). In addition to the 60-month prison sentence imposed today, Matos was also ordered to serve a three-year term of supervised release when he is released from incarceration.

In pleading guilty previously, Matos admitted that he was a convicted felon when he possessed three (3) rifles sold during an undercover ATF and SPD firearms purchase operation in Solvay, New York, on December 19, 2018. He further admitted that he possessed a fourth rifle sold during a second undercover purchase in Syracuse on January 14, 2019. Luis Matos was a previously convicted felon (Criminal Possession of a Controlled Substance in the Third Degree, a class B New York State felony from July 2018) and was on probation at the time he possessed the firearms in this case.

This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Syracuse Police Department-Special Investigations Division (SPD-SID). The case was prosecuted by Assistant U.S. Attorney Richard Southwick 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 – Francisco Alarcon Badillo, age 29 and a citizen of Mexico, was sentenced on Friday to 65 months in prison for selling crystal methamphetamine while employed as a worker at the Saratoga Race Course.

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 January, Badillo admitted that he sold crystal methamphetamine from May 2019 to August 2019, while residing at and working on the grounds of the Saratoga Race Course in Saratoga Springs, New York.  Badillo admitted to hiding the drugs in various locations within the Race Course property, including his dorm room.  He admitted to selling more than 400 grams of crystal methamphetamine.

This case was investigated by the DEA and its Capital District Drug Enforcement Task Force, and the Saratoga Springs Police Department, with assistance from the New York Racing Association.  The case was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Rashawn Wynn, age 43, of Syracuse, was sentenced today to serve 92 months in prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO) as part of the 110 Gang, 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 United States District Judge Frederick J. Scullin, Jr. also ordered Wynn to serve three years of supervised release following his term of imprisonment.  As part of his guilty plea, Wynn admitted that he was a member of the 110 Gang operating in the City of Syracuse.  Wynn further admitted that he repeatedly distributed crack cocaine in 110 Gang territory during 2017 and 2018, and that he was supplied crack cocaine by other 110 Gang members.  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.

Wynn 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.  Co-defendant Damani Prince was sentenced in October 2019 to serve six and one-half years 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 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 – Troy Jackson, age 43, of Syracuse, was sentenced today to serve 46 months in prison for his conviction for participating in a cocaine trafficking conspiracy, announced United States Attorney Grant C. Jaquith, 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 period of six years supervised release following his term of incarceration, and to forfeit to the government $7,000 in proceeds from his drug trafficking activity. 

Pursuant to his plea agreement in this case, Jackson admitted that during the summer of 2018, he repeatedly acquired multiple ounces of cocaine from his co-defendant Daitwaun Fair, which he (Jackson) then redistributed to others.  This case was investigated by the U.S. 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 – Daniel Scotsross, age 28, of Schenectady, New York, was arrested last week and charged with attempting to possess with the intent to distribute N-dimethyltryptamine (“DMT”), a hallucinogen similar to lysergic acid diethylamide (“LSD”), announced United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Scotsross appeared last week before United States Magistrate Daniel J. Stewart and was released pending further proceedings. The criminal complaint alleges that on July 22, 2020, Scotsross accepted a package addressed to him at his Schenectady residence that contained what he expected to be over ten kilograms of tree-bark laced with DMT. Thereafter, law enforcement officers executed a search warrant at Scotsross’s Schenectady residence, seizing quantities of DMT and LSD, and substances and equipment used to manufacture and process DMT and LSD for distribution. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Scotsross carries a maximum sentence of 20 years imprisonment, a fine of up to $1,000,000, and a term of supervised release of three years 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 Homeland Security Investigations (HSI), the United States Postal Inspection Service, and U.S. Customs and Border Protection, with the assistance of the Schenectady Police Department, Albany County Sheriff’s Department, and the New York State Police Crime Scene Emergency Response Team, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

ALBANY, NEW YORK – Sunday, July 26, 2020, marks the 30th Anniversary of the Americans with Disabilities Act (ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.  The U.S. Attorney’s Office for the Northern District of New York is proud to play a pivotal role in the Justice Department’s enforcement efforts under the ADA.  

“The ADA has improved the lives of all Americans by ensuring that people with disabilities have access and equal opportunity, but some still encounter barriers,” said United States Attorney Grant C. Jaquith. “Our commitment to the fair and just enforcement of the ADA’s requirements is unwavering. We will not rest until every American is able to participate fully in our society.”

The U.S. Attorney’s Office has prioritized enforcing the ADA to vindicate the rights of people with disabilities in several recent matters. These efforts include:

• Ensuring Equal Access to Polling Places. The Justice Department’s ADA Voting Initiative focuses on protecting the right of individuals with disabilities, and a hallmark of that initiative is helping jurisdictions increase accessibility at polling places. As part of that initiative, the U.S. Attorney’s Office has reviewed polling places throughout the Northern District of New York over the past four years and has helped boards of elections identify and remedy barriers to voting. 

• Ensuring Equal Access to Municipal Programs and Services.  Last year, the U.S. Attorney’s Office, in coordination with the Disability Rights Section of the Department of Justice Civil Rights Division, entered into an agreement with the City of Hudson to ensure that its programs and services are accessible to persons with disabilities.  The agreement requires the City to identify and remove barriers to program access as well as to implement measures to ensure equal access to its programs and services.

• Ensuring Effective Communication by Medical Providers. The U.S. Attorney’s Office, in conjunction with the Department of Justice’s Effective Communication initiative, initiated compliance reviews of area medical providers to ensure that they had procedures and policies to provide effective communication with patients who have sight, hearing, and speech impairments. 

The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy, the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.

Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.

For more information about the 30th Anniversary of the ADA, please visit https://www.ada.gov/.

More information about the U.S. Attorney’s Civil Rights Unit and its enforcement efforts is available at https://www.justice.gov/usao-ndny/civil-division.

To file a complaint with the U.S. Attorney’s Office Civil Rights Hotline, please visit the portal at [email protected], call (518) 618-1619, or complete this form https://www.justice.gov/sites/default/files/usao-ndny/pages/attachments/2015/04/09/civil_rights_complaint_form.pdf.

To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

ALBANY, NEW YORK – Tyshawn Warren, age 35, of Brooklyn, New York, was sentenced today to serve 126 months in federal prison for possessing cocaine with intent to distribute, announced United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Senior United States District Judge Thomas J. McAvoy also imposed a 6-year term of supervised release, to begin once Warren is released from prison.

On July 18, 2019, following a traffic stop in Potsdam, New York, Warren was found in possession of more than 37 grams of cocaine powder. At the time of his arrest, Warren had previously been convicted of two (2) felony controlled substance offenses.

This case was investigated by Homeland Security Investigations (HSI), the St. Lawrence County Sheriff’s Office, and the Village of Potsdam Police Department, and was prosecuted by Assistant U.S. Attorney Shira C. Hoffman.

SYRACUSE, NEW YORK – Robert Payne, age 39, of Ithaca, New York, was sentenced today to serve five years (60 months) in prison for his conviction for participating in a cocaine trafficking conspiracy, announced United States Attorney Grant C. Jaquith, 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 period of four years supervised release following his term of incarceration, and to forfeit to the government $112,500 in proceeds from his drug trafficking activity. 

Pursuant to his plea agreement in this case, Payne admitted that during the summer of 2018, he distributed roughly 2.5 kilograms of cocaine to his co-defendant Daitwaun Fair.  This case was investigated by the U.S. 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.

SYRACUSE, NEW YORK – Phoenix Phan, age 61, of Syracuse, made her initial appearance and was arraigned today in Federal Court in Syracuse, New York on charges that she filed false federal income tax returns for herself, and aided and assisted in the filing of false federal income tax returns for others as part of her tax preparation business.  Following today’s court appearance, Phan was released pending trial. The announcement was made by United States Attorney Grant C. Jaquith and Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”). 

As alleged in the indictment, Phan failed to report gross receipts on her personal income tax returns for tax years 2013-2017.  The indictment also alleges that Phan aided and assisted others in filing false federal income tax returns, including by falsely reporting: (1) business income that the taxpayer did not earn (to increase a tax credit); (2) rental losses; and/or (3) that the taxpayer had a filing status (e.g., head of household) that the taxpayer did not actually have. 

The charges against Phan carry a maximum sentence of three years in prison per count, a fine of up to $100,000 per count, and a term of supervised release of up to one year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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 Internal Revenue Service – Criminal Investigation (“IRS-CI”) and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

ALBANY, NEW YORK – Thomas Kopach, age 33, of Gansevoort, New York, was arrested yesterday on a charge of transporting child pornography. 

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

A criminal complaint alleges that in February 2020, Kopach knowingly emailed a video depicting the sexual abuse of a minor.  The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

If convicted of the charge set forth in the complaint, Kopach faces at least 15 years and up to 40 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of $250,000.  A defendant’s sentence is imposed by a judge based on the particular statue the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

Following several initial hearings before United States Magistrate Judge Christian F. Hummel, Kopach remains detained pending a detention hearing on July 28. 

Anyone with information relevant to this investigation may call HSI’s Albany office at (518) 220-2129. 

This case is being investigated by HSI, with assistance from the New York State Police, and is being prosecuted by Assistant United States Attorney Rachel Williams. 

This case is prosecuted 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), 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 – Jose Gonzalez-Reyes, age 53, a citizen of the Dominican Republic, was sentenced today to 37 months in prison for illegally re-entering the United States.

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

Gonzalez-Reyes admitted as part of his guilty plea that he is a citizen of the Dominican Republic, and that he was removed from the United States to the Dominican Republic on June 5, 2002 and again on July 27, 2011. 

On March 21, 2018, he was found by an ICE Officer in the Albany County Jail.  A check of fingerprint records resulted in the discovery of the prior removals.  Gonzalez-Reyes was an inmate at the Albany County Jail after his arrest for selling controlled substances in the city of Albany during the summer of 2017.  Gonzalez-Reyes was convicted in Albany County Court of Criminal Sale of a Controlled Substance, Third Degree, and sentenced on November 2, 2018 to 30 months in state prison . 

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Hassan Raheem, age 43, of Uniondale, New York, was sentenced today to 106 months in prison for possessing and intending to distribute crack cocaine, and possessing a loaded firearm in furtherance of a drug trafficking crime.

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

United States Senior District Judge Frederick J. Scullin, Jr. also ordered that Raheem serve a 3-year term of supervised release following his release from prison.

As part of his December 3, 2019 guilty plea, Raheem, who has 6 prior felony convictions, admitted that on July 26, 2016, he possessed a loaded .22 caliber semiautomatic pistol and 17 grams of crack cocaine packaged for distribution at a motel in Colonie, New York.  He further admitted that he intended to sell the crack cocaine, and that he possessed the pistol in order to guard against the potential theft of his drugs and drug proceeds. 

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

ALBANY, NEW YORK – Edwin Rodriguez, a/k/a “Chaka,” age 31, of Amsterdam, New York, was sentenced today to 37 months in prison for possessing and intending to distribute more than 100 grams of heroin mixed with fentanyl.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and City of Amsterdam Police Chief John “JJ” Thomas.

United States District Judge Mae A. D’Agostino also imposed a 4-year term of supervised release, to begin once Rodriguez is released from prison.

On May 15, 2019, Rodriguez was the subject of a traffic stop in Amsterdam.  In pleading guilty, he admitted that he was stopped while driving to meet a drug customer to whom he planned to sell 100 grams of heroin. As Amsterdam Police Officers were arresting Rodriguez for driving with a suspended license, a vacuum-sealed bag of powder fell out of his pant leg.  The bag contained 100.3 grams of heroin mixed with fentanyl.

Also on May 15, law enforcement executed a search warrant on Rodriguez’s Amsterdam residence.  In the apartment’s kitchen, they found an empty bleach bottle, with a hidden compartment containing 1.78 grams of heroin mixed with fentanyl, which Rodriguez intended to sell.

This case was investigated by the DEA and the Amsterdam Police Department, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Michael Starkey, age 29, of Syracuse, was sentenced today to 61 months in prison for his convictions on multiple charges relating to his participation in cocaine and crack cocaine distribution conspiracies, announced United States Attorney Grant C. Jaquith, 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 period of four years supervised release following his term of incarceration, and to forfeit to the government $10,000 in proceeds from his drug trafficking activity. 

Pursuant to his plea agreement in this case, Starkey admitted that during the summer of 2018, he repeatedly acquired multiple ounces of cocaine from one of his co-conspirators, which Starkey then redistributed to others in the form of cocaine and crack cocaine.  This case was investigated by the 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.

SYRACUSE, NEW YORK – Daniel J. Trammell, age 58, of Syracuse, was named as a defendant in a federal indictment charging him with assaulting a United States Postal Service employee, announced United States Attorney Grant C. Jaquith and Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.

Trammell was ordered detained following his arrest on April 22, 2020. According to the indictment and a previously filed criminal complaint, on April 21, 2020, Trammell is alleged to have entered the Franklin Square Station Post Office in Syracuse, shouted at Postal Service employees, and threatened to shoot a letter carrier who was previously assigned to deliver mail to Trammell’s residence. A short time later, Trammell allegedly assaulted the letter carrier during his delivery of mail, causing a cut to the victim’s neck.

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

If convicted of the charges set forth in the indictment, Trammell faces up to 20 years in prison, a maximum fine of up to $250,000, 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 U.S. Postal Inspection Service and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

SYRACUSE, NEW YORK – Anthony Lopes, age 29, of Syracuse, was named as a defendant yesterday in a federal indictment charging him with possessing unregistered silencers, announced United States Attorney Grant C. Jaquith, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Chief Kenton Buckner, City of Syracuse Police Department.

Lopes was previously ordered detained following his arrest on April 12, 2020, in connection with a criminal complaint. According to the indictment and the previously filed criminal complaint, Lopes is alleged to have possessed and sold a total of 3 silencers on February 10, 2020, and February 13, 2020. The indictment further alleges that none of the silencers bears a serial number, and none are registered in the National Firearms Registration and Transfer Record, as required by law.

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

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

This case is being investigated by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

ALBANY, NEW YORK – Zachary L. Duchesne, age 25, of Stillwater, New York, appeared in court today on a charge of possessing child pornography.

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

A criminal complaint alleges that in June 2019, Duchesne maintained a Dropbox account that he used to possess images and videos depicting the sexual abuse of children. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted of the charge set forth in the complaint, Duchesne faces up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of $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.

Duchesne appeared today before United States Magistrate Judge Christian F. Hummel, and was ordered detained.

Anyone with information relevant to this investigation may call HSI’s Albany office at (518) 220-2129.

This case is being investigated by HSI, with assistance from the Stillwater Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

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 Attorneys’ 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.

SYRACUSE, NEW YORK – Benjamin Jakes-Johnson, age 40, of New York City and Syracuse, New York, was sentenced today to serve 212 months in prison for distributing, attempting to receive, and possessing child pornography while on supervised release for an earlier conviction for possessing child pornography. The announcement was made by United States Attorney Grant C. Jaquith, Thomas Relford Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett.

In today’s sentencing Jakes-Johnson was ordered to serve 200 months for his convictions at trial, and a consecutive 12 months for violating his supervised release by, among other things, committing the new crimes. Senior United States District Judge Thomas J. McAvoy also imposed a lifetime term of supervised release, to begin after Jakes-Johnson is released from prison, and a total of $5,300 in special assessments. Jakes-Johnson also will continue to be required to register as a sex offender upon his release from prison. 

During a 5-day jury trial in March 2020, the evidence established that Jakes-Johnson used an online peer-to-peer file-sharing program to distribute and attempt to receive child pornography in December 2016, and that he possessed child pornography in 2017. The trial evidence showed that Jakes-Johnson, who was on federal supervised release for a 2008 child pornography conviction, used a closed on-line platform from Syracuse area hotels in an effort to conceal his identity and escape detection by law enforcement. During the execution of a search warrant in 2017, law enforcement also found that Jakes-Johnson possessed child exploitation material on a laptop computer and thumb drive in a Syracuse apartment he kept secret from his Probation Officer, also in order to avoid detection of his unlawful activities.

During trial, Jakes-Johnson claimed that, although he was mentally competent at the time he first possessed child pornography in 2008, he was legally insane at the time he committed the offenses in 2016 and 2017 due to post-traumatic stress disorder from prior abuse. The jury rejected his insanity defense after hearing all of the evidence, including testimony from both defense and government expert witnesses about the defendant’s mental state. The trial evidence also included a recorded interview between Jakes-Johnson and law enforcement officers during which he admitted the offense conduct, and displayed a thoroughgoing understanding of the potential penalties he could face as a repeat offender.

This case was investigated by the Federal Bureau of Investigation (FBI) and the New York State Police and 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, 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 – Robert Bresee, age 57, of Norwich, New York, was sentenced today to 180 months (15 years) in prison for transporting and possessing child pornography, 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).

Bresee, who was previously convicted in Chenango County Court of Rape in the First Degree, and sentenced to 15 years’ in prison, admitted that while on post-release supervision from that offense he uploaded 70 images of child pornography to a Google account, and possessed an additional 21 images on his cellular telephone.

Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will start after Bresee is released from prison, and ordered a $200 special assessment. Bresee, who is currently designated a Risk Level 3 Sexually Violent Offender, will be required to continue to register as a sex offender upon his release from prison.

Bresee’s case was investigated by the Federal Bureau of Investigation (FBI) and the Norwich Police Department.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

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 – Three members of the United States Air Force Air National Guard have been sentenced for smuggling firearms parts and accessories into the United States.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent Robert Shearer, Air Force Office of Special Investigations; 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); and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI). 

Kevin D. Ronca, age 41, of Amsterdam, New York, was sentenced on October 31, 219 to 3 years of probation, to include 3 months of home detention, and a $5,000 fine.  Ronca was a Master Sergeant in the Air National Guard, assigned to the 109th Aircraft Maintenance Squadron at Stratton Air National Guard Base in Scotia, New York.  As part of his plea to conspiracy to import firearms, Ronca admitted that he conspired with another Air National Guard Member, Joseph R. Paludi, to smuggle two firearm silencers Ronca had purchased abroad back to Stratton Air Base aboard a military aircraft.  The silencers were discovered upon arrival in Scotia.

Paludi, age 34, of Schenectady, New York, was sentenced on November 7, 2019 to 2 years of probation and a $4,000 fine for his role in the conspiracy to import firearms.  Paludi was a Technical Sergeant in the Air National Guard, assigned to the 109th Aircraft Maintenance Squadron at Stratton Air Base.

As part of the ensuing investigation, agents discovered that another member of the squadron, Timothy R. Schmitt, age 28, of Galway, New York, also smuggled a silencer and a threaded blackout barrel into the United States aboard a military aircraft.  Schmitt, also a Technical Sergeant, pled guilty on October 3, 2019 to possession of an unregistered firearm.  He was sentenced today to 2 years of probation and a $5,000 fine.

The case was investigated by the United States Air Force Office of Special Investigations, ATF and HSI, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Jervonne Harris, age 41, of Hampton, Virginia, was sentenced today to serve 35 months in prison for conspiring to distribute marijuana and money laundering, announced United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of his previous guilty plea, Harris admitted that between May 2017 and August 2017 he received bulk quantities of marijuana from a source of supply on the Akwesasne Mohawk Reservation in New York State. Harris sold the marijuana he received to customers in Virginia, and sent the proceeds from those sales back to his source of supply by courier and wire transfer. As part of his guilty plea, Harris admitted to distributing about 57 kilograms of marijuana.

In addition to his term of imprisonment, the court also sentenced Harris to six years of supervised release and ordered him to pay a money judgment in the amount of $250,800.

This case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department and Agents of the U.S. Border Patrol.  The case was prosecuted by Assistant United States Attorney Thomas Sutcliffe.

ALBANY, NEW YORK – Saul McDuffie, age 33, of Albany, pled guilty today to being a felon in possession of a firearm.  The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Chief Eric Hawkins of the Albany Police Department. 

In pleading guilty, McDuffie admitted to possessing a loaded Taurus handgun, which he placed on the tire of a car parked on North Swan Street in Albany, on October 28, 2019.  McDuffie has multiple prior felony convictions, including two convictions for drug offenses, for which he was sentenced to a total of over six years in prison, and a burglary conviction, for which he was sentenced to two to six years in prison. 

At sentencing, McDuffie faces a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.   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 Albany Police Department and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Rachel L. Williams. 

ALBANY, NEW YORK – Nestor Cordero-Hernandez, age 43, of Fort Ann, New York, was sentenced today to 87 months in prison for conspiring to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 50 grams of methamphetamine.

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.

Cordero-Hernandez was also ordered to serve a 3-year term of supervised release following his release from prison, and to forfeit $42,450 in proceeds from his drug trafficking activity.

In imposing sentence, the Court found that between September 2018 and November 2019, Cordero-Hernandez agreed with others to participate in a drug trafficking conspiracy that distributed over 600 grams of methamphetamine and 450 grams of cocaine in Fort Ann, and elsewhere, for profit.  He faces deportation to Mexico following the completion of his sentence.

This case was investigated by the DEA, and the Warren and Washington County Sheriff’s Offices, and was prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

ALBANY, NEW YORK – Eric Soto, age 38, of Queens County, New York, was sentenced today to 70 months in prison for distributing and possessing with intent to distribute over 800 grams of heroin, and oxycodone pills, in June 2018 in various locations in Albany County.

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

Soto was also ordered to serve a 4-year term of supervised release following his release from prison, and to forfeit $19,960 in proceeds from his drug trafficking activity.

In imposing sentence, the Court found that in June 2018, Soto travelled from New York City to the Capital Region on three occasions for the purpose of distributing both heroin and oxycodone at various locations in Albany County, including in Colonie, Guilderland and Watervliet.  On June 22, 2018, he was arrested in a mall parking lot in possession of 583 grams of heroin and 99 oxycodone pills, which he intended to sell.  He has remained in custody since his arrest.

This case was investigated by the DEA, with assistance from the Albany County Sheriff’s Office, and the Police Departments of Colonie, Guilderland and Watervliet.  The case was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

SYRACUSE, NEW YORK – Jazmin Gonzalez, age 49, of Amsterdam, New York, was sentenced to serve 46 months in federal prison following her guilty plea to being a felon in possession of a firearm and ammunition, and distributing cocaine and heroin, announced United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

As part of her guilty plea in December 2019, Jazmin Gonzalez admitted that she possessed a .380 mm caliber semiautomatic pistol and 68 rounds of ammunition as a convicted felon during an ATF undercover operation in Amsterdam, New York, on December 4, 2018. During this transaction, she also distributed 50 small glassine bags each containing heroin, as well as a quantity of cocaine. Jazmin Gonzalez was previously convicted in March 2011 in Montgomery County (New York) Court of Criminal Sale of a Controlled Substance in the Third Degree, a prior felony drug offense.

Jazmin Gonzalez was also sentenced to a three-year term of supervised release to be served following her completion of her prison sentence.

This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Amsterdam Police Department, and was prosecuted by Assistant U.S. Attorney Richard Southwick 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 – Timothy W. Bentley, age 47, of Saint Albans, Vermont, pled guilty today to being a felon in unlawful possession of a firearm.

The announcement was made by United States Attorney Grant C. Jaquith; 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); and New York State Police Superintendent Keith Corlett.

As part of his plea, Bentley admitted that on May 9, 2019, he entered a hardware store in Chazy, New York, took a Mossberg 590 Shockwave firearm from the wall display behind a counter, secreted that firearm in his pants, and walked around the store with a distinctive limp (because the firearm was in his pants).  He then left in a car.  Bentley has been in custody since his arrest on May 17, 2019.  Agents recovered the stolen firearm.

Bentley is prohibited from possessing the firearm as a result of a 2011 conviction in the United States District Court for the District of Vermont, for aiding and abetting a bank robbery

As a result of this conviction, Bentley faces up to 10 years in prison and a fine of up to $250,000 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 statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – William Hines, age 42, formerly of Hoosick Falls, New York, appeared in court today on charges of receiving and possessing child pornography.

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

A criminal complaint alleges that in January 2017, in Rensselaer County, Hines downloaded child pornography from a foreign website and possessed numerous images of child pornography on his cell phone and a computer. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty

Hines was arrested on April 20, 2020 in Hudson, Florida, and then transported to the Northern District of New York.  Today, Hines was ordered detained pending further proceedings.

If convicted of all charges in the complaint, Hines faces at least 5 years and up to 20 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and mandatory registration 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 HSI with the assistance of the Hoosick Falls Police Department and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia G. Suarez. 

This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. 

For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

UTICA, NEW YORK – Oscar Manuel Grego Costa, age 46, a Portuguese citizen living in Newark, New Jersey, was sentenced today to 36 months in prison, to be followed by a 3-year period of supervised release, for bringing an illegal alien into the United States from Canada and attempting to bring the alien to Newark.  Maria Jose Carvalho, age 47, of Newark, was sentenced today to time served (4 days in jail), followed by 2 years of supervised release, for conspiring to transport an illegal alien within the United States. 

The announcement was made by United States Attorney Grant C. Jaquith; Steven Bronson, Area Port Director, United States Custom and Border Protection (CBP); and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

On November 17, 2018, Carvalho drove from Newark to Canada, where she met with and picked up Fabio De Soussa Barbosa.  Barbosa was a citizen of Portugal, who had been a long-time resident of New Jersey.  Barbosa was not authorized to enter the United States.  After meeting Barbosa in Canada, Carvalho drove to a remote location on the Canadian side of the border during the early morning of November 18, 2018, and dropped off Barbosa, who then walked across the border into the United States.  Barbosa entered the United States undetected and Carvalho then drove to the Champlain Port of Entry and attempted to return to the United States.  Royal Canadian Mounted Police (RCMP) officers had observed Carvalho drop off someone near the border and RCMP, in turn, contacted Border Patrol.  

Border Patrol responded and encountered a Chevrolet Tahoe, with a New Jersey license plate, registered to Maria Carvalho.  The vehicle, which was near Mooers, New York, had four men inside.  The driver was Christopher Boals and the three passengers were Daniel Costa, Antonio Nieves, and Fabio De Sousa Barbosa.  Christopher Boals, Daniel Costa and Antonio Nieves had been hired by Oscar Manuel Grego Costa to meet with and pick up Barbosa on the United States side of the border, and then drive him away from the border so that Barbosa could be transported to Newark. 

Oscar Manuel Grego Costa was found by Border Patrol at the Rouses Point train station later that morning and arrested.  Immigration inspection of Oscar Manuel Grego Costa, including a check of his fingerprints, revealed that he had been removed from the United States to Portugal in 1994 and that he had not secured permission to return to the United States following the removal. Costa was also sentenced today to 12 months in prison for the offense of re-entry into the United States of a previously removed alien.  The court directed that the 12-month sentence run concurrent to Costa’s 36-month sentence for alien smuggling. 

Christopher Boals, age 41, of Newark, was sentenced on December 11, 2019 to 15 months in prison, to be followed by a 3-year period of supervised release, for bringing an illegal alien into the United States from Canada and attempting to bring the alien to Newark.

Antonio Nieves, age 46, of Newark, was sentenced on December 11, 2019 to 15 months in prison, to be followed by a 3-year period of supervised release, for bringing an illegal alien into the United States from Canada and attempting to bring the alien to Newark.

Daniel Costa, age 24, a citizen of Portugal residing in Newark, was sentenced on January 8, 2020 to time served (13 months in prison), for bringing an illegal alien into the United States from Canada and attempting to bring the alien to Newark. 

Fabio De Soussa Barbosa, age 24, a citizen of Portugal residing in Newark, was convicted of the misdemeanor offense of entry without inspection by an alien, on December 18, 2018 and sentenced to time served (30 days in jail), and to pay a $5,000 fine.    

This case was investigated by U.S. Customs and Border Protection (CBP) and Border Patrol, and was prosecuted by Assistant U.S. Attorneys Edward P. Grogan and Ashlyn Miranda.

BINGHAMTON, NEW YORK – Justin Hobbie, age 42, of Springfield Center, New York, was sentenced today to 200 months in prison for persuading three girls between the ages of 14 and 17 to engage in sexual activity and transmit live depictions of that activity to him.

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

Hobbie was a gym and health teacher in Cooperstown, New York.  In pleading guilty, he admitted that from 2015 to 2018, he persuaded three girls to engage in sexually explicit conduct and live-stream that conduct to him over the internet.  These sexually explicit acts and images were recorded by Hobbie so that he could look at them again. 

“While working as a teacher, Justin Hobbie preyed on teenage girls he met online by pretending to be a teenage boy and pressuring victims to make and send him sexually explicit video,” said United States Attorney Grant C. Jaquith.  “Hobbie has now been held accountable for egregiously exploiting those children over a three year period.”

HSI Special Agent in Charge Kevin Kelly stated: “Child exploitation is an egregious crime especially when children are victimized by a teacher, or anyone in a position of trust.  Today's sentencing hopefully begins the healing process and marks a final chapter in a painful period for those affected.”

Hobbie also admitted to amassing a large collection of child pornography using peer-to-peer file sharing software.  The collection included videos depicting the rape of toddlers.

Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, to begin after Hobbie is released from prison, and restitution in the amount of $9,999.99.   Hobbie will also be required to register as a sex offender upon his release from prison.

This case was investigated by HSI Albany with assistance from the New York State Police Computer Crimes Unit, the Internet Crimes Against Children Task Force, and U.S. Customs and Border Protection, and was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

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 Attorneys’ 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.

There are numerous Internet-based tools that assist parents and guardians in protecting children from online predators.  More information is available at the iGuardians web site, operated by the U.S. Department of Homeland Security (https://www.ice.gov/topics/iGuardians), and the NetSmartzKids web site, operated by the National Center for Missing & Exploited Children (https://www.netsmartzkids.org/). 

SYRACUSE, NEW YORK – Austin Pratt, age 23, of Syracuse, was arraigned today on an indictment filed by a federal grand jury charging him with Sexual Exploitation of a Child and Distribution of Child Pornography, 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 New York State Police Superintendent Keith Corlett.

The indictment charges that sometime between February and April 2018, Pratt engaged in sexually explicit conduct with a 10-year-old child for the purpose of producing visual depictions of the conduct, and that he then distributed the child pornography over the Internet.  An earlier criminal complaint filed in the case details some of the images and a video Pratt is accused of producing.  It also details some of the messages Pratt sent at the time he distributed the images and video to an Instagram user who has since been identified by the FBI, including an admission that the child depicted in the images and video is the 10-year-old.

If convicted, Pratt faces a mandatory minimum sentence of 15 years, and a maximum sentence of 30 years for sexually exploiting the 10-year-old, and a minimum of 5 and maximum of 20 years for distributing the images he produced.  He also faces a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and will have 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.

Pratt is detained in federal custody pending a detention hearing scheduled before United States Magistrate Judge Andrew T. Baxter on Thursday, July 2, 2020.

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

This case was investigated by the Federal Bureau of Investigation, Syracuse Resident Agency and the New York State Police as a part of the Mid-State Child Exploitation Task Force, in cooperation with the Syracuse Police Department and the Onondaga County District Attorney’s Office.  It is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York. 

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 www.projectsafechildhood.gov.

SYRACUSE, NEW YORK – Martin Nicholson, age 32, of Geddes, New York, was sentenced today by Senior United States District Judge Hon. Thomas J. McAvoy to serve 15 years in federal prison for willfully causing the Sexual Exploitation of a Child, 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 New York State Police Superintendent Keith Corlett.

Nicholson, a former local track coach, pled guilty to the offense in October 2019, admitting that sometime between 2012 and 2015 he threatened to cut off a relationship he was having with a minor, unless that minor produced and sent him sexually explicit images of another child, who was under the age of 14.  Nicholson admitted that he received the requested images, and sent them to other users over the Internet.  The images produced at Nicholson’s direction were recovered from his residence following a search warrant conducted there in 2018 after Nicholson was discovered trading child pornography over Twitter.  

After serving his 15-year sentence, Nicholson will be required to serve 15 years on supervised release, and will be required to register as a sex offender.  He was also ordered to pay a $5,000 assessment under the Justice for Victims of Trafficking Act, and has agreed to pay restitution to his victims.

This case was investigated by the Federal Bureau of Investigation (FBI)-Syracuse Resident Agency, and the New York State Police as a part of the Mid-State Child Exploitation Task Force, assisted by the Wallie Howard Jr. Center for Forensic Sciences, and is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York. 

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 www.projectsafechildhood.gov.