Northern District of New York

ALBANY, NEW YORK – John Morgan, age 31, of Gloversville, New York, was arrested yesterday and charged by criminal complaint with distributing child pornography. 

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

The complaint alleges that Morgan, using the name “ilikyoung,” distributed videos depicting the sexual exploitation of children via a phone-based application connected to the Internet, from March 11 to March 12, 2020. 

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

Morgan initially appeared in court today, before United States Magistrate Judge Daniel J. Stewart.  He was ordered detained pending a detention hearing on Monday. 

If convicted, Morgan faces at least 5 years and 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.  Additionally, if convicted, Morgan would be required to register as a sex offender.

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

The case is being investigated by the FBI and its Child Exploitation Task Force, 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.

 

ALBANY, NEW YORK – Peter Mami, age 41, and James Taylor, age 32, both of Orange County, New York, were ordered detained yesterday after being arrested last week and charged with possessing with the intent to distribute 500 grams or more 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.

Both Mami and Taylor appeared yesterday before United States Magistrate Daniel J. Stewart and were ordered detained pending further proceedings. The criminal complaint filed against them alleges that, on March 2, 2020, they possessed with intent to distribute approximately two kilograms of cocaine. The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.

The charges filed against Mami and Taylor carry a minimum sentence of 5 years and a maximum sentence of 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.

ALBANY, NEW YORK – Kumanaraj Thurairajah, age 44, pled guilty yesterday to transporting illegal aliens, announced United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Thurairajah, a Canadian citizen and a resident of Ontario, Canada, admitted that, on the morning of October 5, 2019, he was waiting in a parking lot outside of a hotel in Canton, NY. While he was waiting, a van dropped off six Indian nationals, all of whom had recently crossed into the United States illegally. The aliens entered Thurairajah’s van and they departed intending to travel to New York City. Thurairajah and his passengers were thereafter apprehended by United States Border Patrol Agents. As part of his guilty plea, Thurairajah admitted that he knew or recklessly disregarded the fact that the Indian nationals were unlawfully in the United States, and that he acted with the intent to further their unlawful presence.

Thurairajah faces up to 5 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release when he is sentenced by Senior Judge Lawrence E. Kahn on July 8, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the United States Border Patrol, and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

 

ALBANY, NEW YORK – John D. Salisbury, age 49, of Hagaman, New York, was sentenced today to 360 months in prison for producing and transporting child pornography.

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

Senior United States District Judge Norman A. Mordue also sentenced Salisbury to a lifetime term of supervised release, to begin following his term of imprisonment.  Salisbury will also be required to register as a sex offender upon his release from prison

Salisbury pled guilty on June 21, 2019, to four counts of sexual exploitation of a child, and one count of transportation of child pornography. 

In connection with his guilty plea, Salisbury admitted that on four occasions between October 2016 and February 2017, he used a hidden camera inside the bathroom of his residence to produce sexually explicit videos depicting a minor.  Salisbury also admitted that he knowingly uploaded photos and videos depicting child pornography from a smartphone to an Internet-based email account. 

In addition, the investigation determined that in November 2017, Salisbury exchanged text messages with an undercover investigator, in which he repeatedly expressed sexual interest in a child under his care whom he previously sexually exploited, and sent the investigator two photos of the child, including a screenshot from one of the videos filmed in the bathroom of his residence. 

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

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 – Yesterday evening a jury rejected a defense of insanity and convicted Benjamin Jakes-Johnson, age 42, of New York City and Syracuse, New York, of distributing, attempting to receive, and possessing child pornography, after a five-day jury trial.  The verdict was announced by United States Attorney Grant C. Jaquith, Susan Ferensic, Acting 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 evidence at trial demonstrated that the defendant, who was convicted of possessing child pornography in 2008, used an online peer-to-peer file-sharing program to distribute and attempt to receive child pornography in December 2016. In March 2017, execution of a search warrant at a Syracuse apartment where the defendant regularly stayed established that he possessed child pornography on a thumb drive recovered there.  The defendant traded child pornography from hotels, hoping that by using the hotels’ Wi-Fi connections he could conceal his online activity. He also possessed child pornography at the Syracuse apartment leased by his family’s business because he believed that federal Probation Officers would not search that location because he reported to them that he was staying at his parents’ home or other locations.

During trial, Jakes-Johnson claimed that, although he was not insane at the time he first possessed child pornography in 2008, he was insane at the time he committed the offenses in 2016 and 2017 because of post-traumatic stress disorder (PTSD).  Jakes-Johnson suggested he had PTSD from abuse he suffered as a child that was exacerbated by abuse he claimed to have experienced while serving a sentence in federal prison from his first child pornography conviction.  In addition to both defense and government expert witnesses who testified about the defendant’s mental state, the jury heard a recorded interview between Jakes-Johnson and law enforcement officers on the day of his arrest.   During the interview, he advised that he understood what he was facing and knew what was going on.  During that same interview, Jakes-Johnson admitted the offense conduct and displayed an understanding of the potential penalties he could face as a repeat offender. 

Jakes-Johnson is scheduled to be sentenced on July 15, 2020 in Binghamton, New York by Senior United States District Judge Thomas J. McAvoy. At sentencing, he faces a mandatory minimum term of 15 years and a maximum term of imprisonment of 40 years for his distribution and attempt to receive child pornography. He faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of 20 years for his possession of child pornography.  A defendant’s sentence is imposed by a judge based on the particular statute(s) the defendant violated, the U.S. Sentencing Guidelines, and other factors.

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/.

ALBANY, NEW YORK – Sarah Brown, age 42, of Akra, Greene County, New York, was sentenced today to 30 months in prison for unlawfully distributing opioids, for impersonating patients of a co-conspirator and defrauding insurance companies as part of the opioids distribution scheme, and for attempting to obstruct the investigation into her criminal activities.

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

As part of her September 4, 2019 guilty plea, Brown, a former registered nurse, admitted that between 2015 and 2017, she worked with a co-conspirator, Dr. Myra Mabry, to obtain prescriptions for oxycodone, morphine, and hydromorphone, for no legitimate medical purpose, by impersonating Mabry’s patients at pharmacies, knowing that health care benefit programs would pay the cost of the drugs.

Brown also admitted that she attempted to obstruct a federal investigation by testifying falsely before a federal grand jury that she was blackmailing Mabry into providing the prescriptions.  As Brown admitted in her guilty plea, that was a lie, because Mabry was not the subject of an extortionate scheme, and was a willing member of the conspiracy to distribute opioids for no legitimate medical purpose.  Brown admitted that Mabry agreed to pay Brown for the false testimony in the hope of minimizing Mabry’s criminal exposure and keeping her medical license.

United States District Judge Mae A. D’Agostino also sentenced Brown to 3 years of supervised release, to be served following her release from prison.

Mabry, age 50, of Catskill, New York, pled guilty to conspiring to distribute controlled substances, health care fraud, aggravated identity theft, and obstruction of justice.  She was sentenced to 54 months in prison earlier this month.

This case was investigated by the DEA, with assistance from the New York Bureau of Narcotic Enforcement, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Christopher J. Cohn, a/k/a “Wolf,” age 26, of Albany, pled guilty today to a four-count superseding indictment charging armed bank robbery, firearms, and conspiracy crimes in connection with two February 2019 armed bank robberies. 

The announcement was made by United States Attorney Grant C. Jaquith; Susan Ferensic, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Keith M. Corlett, Superintendent of the New York State Police (NYSP); Chief Eric Hawkins of the Albany Police Department (APD); and Chief David Keevern of the Town of North Greenbush Police Department.

As part of his guilty plea, Cohn admitted to participating in two armed robberies.  On February 6, 2019, Cohn and another man pulled up to an Albany Trustco Bank branch, where Cohn declared he was about to “go do this,” meaning that he planned to rob the bank.  Cohn and his accomplice then entered the bank wearing ski masks.  In the bank, Cohn’s accomplice displayed a gun, and both men threatened to kill the bank’s employees, who surrendered approximately $150,000 to the pair. 

On the morning of February 26, 2019, Cohn and the same accomplice entered an M&T Bank branch in North Greenbush, each wearing a ski mask and brandishing a gun.  In the course of the robbery, Cohn fired multiple shots, including one that grazed a bank employee.  Law enforcement tracked Cohn, his accomplice, and their getaway driver to an Albany motel using a GPS device placed in the stolen money by a member of the bank’s staff.  Cohn was apprehended by officers with more than $10,000 in cash and wearing red sneakers matching those captured by the bank’s surveillance cameras during the robbery.  Cohn’s accomplice was arrested in the motel’s lobby, where officers found him with several bags containing approximately $3,800 in cash along with ski masks matching those worn by the robbers.  

Cohn has been in custody since February 26, 2019. 

Cohn faces at least 20 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 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.  Sentencing is scheduled for July 8, 2020 before Senior United States District Judge Lawrence E. Kahn.

This case was investigated by the FBI, the NYSP, the Town of North Greenbush Police Department, APD, and the Albany County Sheriff’s Office, with the assistance of the Rensselaer County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and Wayne A. Myers.

ALBANY, NEW YORK – Daren Arakelian, age 52, of Rensselaer, New York, pled guilty today to wire fraud for a scheme to import Chinese goods into the United States and then causing his company, Great 4 Image, Inc., to deceptively market and sell those goods to federal agencies as U.S.-made.  Arakelian has also agreed to pay $702,000, plus interest, to the United States to resolve his civil liability for his submission of false claims for payment to the federal government. 

The announcement was made by United States Attorney Grant C. Jaquith; Leigh-Alistair Barzey, Special Agent in Charge, Defense Criminal Investigative Service, Northeast Field Office; Joseph Dattoria, Special Agent in Charge of the General Service Administration, Office of the Inspector General; and Julio Santana, Acting Special Agent in Charge of the Washington Regional Office of the Department of Homeland Security, Office of the Inspector General.

“Daren Arakelian bilked the United States by telling officials that his products were made in America when they were actually made in China,” said United States Attorney Grant C. Jaquith.  “We will continue to use the False Claims Act and the wire fraud statute to hold unscrupulous and greedy contractors accountable, and to make sure our nation gets the American made goods it pays for.”

Arakelian owned and operated Great 4 Image, a company that contracted with various federal agencies to produce backpacks, duffle bags, cinch bags, hydration packs, t-shirts and individual suspension trainers.  Each of his company’s contracts required Great 4 Image to comply with the Buy American Act and/or the Trade Agreements Act, laws that Congress enacted for the purposes of promoting the United States’ trade interests.

The Buy American Act restricts the federal government’s purchase of goods that are not domestic end products.  The Trade Agreements Act establishes additional restrictions on purchases of products made outside the United States, and generally prohibits government contracting officials from purchasing products that are not entirely from, or substantially transformed in, the United States or a designated country.  The Trade Agreements Act effectively waives the requirements of the Buy American Act for designated countries.  China is not a designated country.

As part of the civil settlement and guilty plea, Arakelian admitted that he devised and implemented a scheme to defraud the federal government by causing Great 4 Image to import goods, including thousands of backpacks and suspension trainers, that were made in China into the United States and then passing them off as compliant with the Buy American Act and the Trade Agreements Act.  In carrying out this scheme, Arakelian made various verbal and written statements to federal officials falsely claiming to have domestically manufactured the goods that he knowingly imported from China.

As a result of his conviction, Arakelian faces up to 20 years in prison, and a term of post-release supervision 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.  Sentencing is scheduled for July 14, 2020 before Chief U.S. District Judge Glenn T. Suddaby.

“The plea and settlement agreements announced today are the direct result of a joint effort by the Defense Criminal Investigative Service (DCIS), the U.S. Army Criminal Investigation Command, the U.S. General Services Administration, the U.S. Department of Homeland Security and the U.S. Attorney’s Office for the Northern District of New York,” said Leigh-Alistair Barzey, Special Agent-in-Charge, DCIS Northeast Field Office.  “The DCIS will continue to work with its law enforcement partners to protect the U.S. Defense Department’s procurement process and ensure that U.S. Government contractors provide products and services in compliance with all contractual requirements.”

“The General Services Administration’s Office of Inspector General (GSA-OIG) is committed to protecting the integrity of the GSA’s procurement process and ensuring that government contractors comply with all applicable laws and regulations, including the Buy American Act and the Trade Agreements Act,” said Joseph Dattoria, Special Agent in Charge of GSA-OIG.  “Today’s resolution is a testament to that commitment and should serve as a wake-up call to other contractors who may consider violating the Buy American Act and the Trade Agreements Act clauses of their contracts.  We appreciate the collaborative efforts of the Department of Justice and our other law enforcement partners.”

“The Department of Homeland Security Office of Inspector General (DHS-OIG) will continue to ensure that companies doing business with DHS comply with the Buy American Act and/or the Trade Agreements Act,” said Julio Santana, Acting Special Agent in Charge of the Washington Field Office of DHS-OIG.

The investigation and resolution were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, GSA-OIG, DCIS, DHS-OIG, and the U.S. Army Criminal Investigative Command.  The U.S. Department of the Treasury’s Office of Inspector General also provided investigative support.  The civil case was handled by Assistant United States Attorney Adam J. Katz.  The criminal case is being prosecuted by Assistant United States Attorney Joshua R. Rosenthal.

ALBANY, NEW YORK – Jake Alexander Cruse, age 33, of Troy, New York, pled guilty today to charges of distributing, transporting and receiving child pornography.

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

As part of his guilty plea, Cruse admitted that, between July and October 2018, he used a phone equipped with various Internet-based instant messaging and file-sharing applications to trade child pornography with others.  Cruse admitted to creating multiple fake social media accounts for the purposes of making money selling child pornography and trading for additional child pornography files.  Cruse’s phone and various online accounts contained approximately 120 video files and 234 image files depicting child pornography.

Sentencing is scheduled for July 15, 2020 before United States District Judge Mae A. D’Agostino.

Cruse faces a minimum term of imprisonment of 5 years, and a maximum term of imprisonment of 20 years.  The Court is also required to impose a term of supervised release of between 5 years and life, and Cruse will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors

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

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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 – Nestor Cordero-Hernandez, age 43, of Fort Ann, New York, pled guilty on Friday to conspiring 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.

As part of his guilty plea, Cordero-Hernandez admitted that between September 2018 and November 2019, he agreed with others to participate in a drug trafficking conspiracy that distributed cocaine and methamphetamine.  In furtherance of this drug trafficking conspiracy, he distributed over 600 grams of methamphetamine and 450 grams of cocaine in Fort Ann and elsewhere.  

Sentencing is scheduled for July 2, 2020, at which time Cordero-Hernandez faces at least 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

ALBANY, NEW YORK – Myra Mabry, age 50, of Catskill, New York, was sentenced today to 54 months in prison for unlawfully distributing opioids, for impersonating her patients and defrauding insurance companies as part of the opioids distribution scheme, and for attempting to obstruct the investigation into her criminal activities.

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

As part of her August 5, 2019 guilty plea, Mabry, an obstetrician-gynecologist, admitted that between 2015 and 2017, she wrote prescriptions for oxycodone, morphine and hydromorphone to third parties, for no legitimate medical purpose, and then instructed a co-conspirator, Sarah Brown, to fill those prescriptions by impersonating the named recipients at pharmacies, knowing that the patients’ health care benefit programs would pay the costs.

United States Attorney Grant C. Jaquith stated:  “Myra Mabry’s disgraceful conduct demonstrates that she has no business practicing medicine.  She betrayed her patients, violated her Hippocratic Oath, and orchestrated an elaborate scheme to avoid accountability for her crimes by bribing someone else to take the fall for her.  I commend the DEA for its excellent work in this case.  The message here is clear:  those who criminally violate their professional oaths will be arrested, prosecuted, and imprisoned.”

DEA Special Agent in Charge Ray Donovan stated: “This investigation ends with Myra Mabry’s sentence of over four years in prison, but clearly reinforces law enforcement’s commitment to weeding out opioid traffickers no matter what their profession.  I applaud our partners at the U.S. Attorney’s Office for the Northern District of New York, the DEA’s Albany District Office’s Tactical Diversion Squad, and the New York Bureau of Narcotic Enforcement for their diligent work.”

In pleading guilty, Mabry also admitted that she attempted to obstruct a federal investigation into her activities by instructing Brown to testify before a federal grand jury, falsely, that Mabry was the subject of an extortionate scheme.  In fact, Mabry was not the subject of an extortionate scheme, was complicit in the scheme to distribute opioids for no medical purpose, and agreed to pay Brown for false testimony in the hope of minimizing her criminal exposure and preserving her medical license.

Mabry surrendered her New York medical license after pleading guilty in August 2019, and has been unable to prescribe controlled substances since October 2017.

United States District Judge Mae A. D’Agostino also sentenced Mabry to 3 years of supervised release, to be served following her release from prison.  In sentencing Mabry, Judge D’Agostino described Mabry’s conduct as “horrendous” and a “massive conspiracy in terms of the drugs” involved.

Brown, age 42, of Akra, New York, pled guilty on September 4, 2019 to conspiring to distribute controlled substances, health care fraud, aggravated identity theft, and obstruction of justice.  Her sentencing is scheduled for March 11. 

This case was investigated by the DEA, with assistance from the New York Bureau of Narcotic Enforcement, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Thomas E. Ozga, age 31, of East Nassau, New York, pled guilty on Monday to possessing 10 homemade, unregistered silencers. 

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).

On May 3, 2019, law enforcement officers searched Ozga’s home in East Nassau, and found 10 homemade silencers. As part of his plea, Ozga admitted that the silencers were his, he knew they were intended to diminish the sound of portable firearms, and he did not register any of the silencers with the National Firearms Registration and Transfer Record, as is required under the law.

Ozga will be sentenced on July 2 by United States District Judge Mae A. D’Agostino.  Ozga 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 was investigated by HSI, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

ALBANY, NEW YORK – Keith Mussenden, age 36, of Schenectady, New York, was arrested last week and charged by criminal complaint for attempted sexual exploitation of a child. 

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

The complaint alleges that, on or about the dates of June 1, 2019 through January 1, 2020, in Schenectady County, Mr.  Mussenden attempted to produce sexually explicit images of a child victim.

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

Mussenden initially appeared in court on Tuesday, February 25, before United States Magistrate Judge Daniel J. Stewart.  Following a detention hearing held on February 28, Judge Stewart ordered Mussenden detained. 

If convicted, Mussenden faces at least 15 years and up to 30 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Mussenden would be required to register as a sex offender.

The case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorneys Rachel L. Williams and Alicia G. Suarez.

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 – TammyLynn Sterling Barthelmess, age 62, of Little Falls, New York, pled guilty today to Conspiracy to Steal Government Funds and three Counts of Bank Fraud, announced United States Attorney Grant C. Jaquith and Special Agent in Charge John Grasso, Social Security Administration-Office of the Inspector General (“SSA-OIG”), New York Field Division.

As a part of her guilty plea today, Barthelmess admitted that she concealed the death of D.W., a tenant of hers in Little Falls, New York, who died in her home in 2006.  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 her daughter, 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 wrote checks from D.W.’s checking account until the payments stopped in May 2013 following the discovery of D.W.’s remains. As a further part of her guilty plea today, Barthelmess admitted to making false statements to New York State Police Investigators who interviewed her following the discovery of D.W.s body.

Shannon Hardy Sekel previously pled guilty to Conspiracy to Steal Government Money and Bank Fraud. Her sentencing is not yet scheduled.

At sentencing on June 24, 2020, in Binghamton, New York, TammyLynn Sterling Barthelmess faces a sentence of up to 5 years imprisonment and a fine of up to $250,00.00 for Conspiracy to Steal Government Money. For her convictions for bank fraud, she faces a sentence of up to 30 years in prison and a fine of up to $1,000,000.00 for each of the three counts. The defendant may also be sentenced to serve up to 5 years of supervised release following any term of imprisonment. As part of her guilty plea today, Barthelmess agreed to pay $ 110,948.00 in restitution to the Social Security Administration.

This case was investigated by the United States Social Security Administration-Office of Inspector General (“SSA-OIG”), the New York State Police, and the City of Little Falls Police Department, and is being prosecuted by Assistant U.S. Attorneys Tamara B. Thomson and Richard R. Southwick.

ALBANY, NEW YORK – Dyshawn Fisher, age 25, of Troy, New York, pled guilty today to possessing and intending to distribute marijuana, possessing a firearm as a felon, and possessing a firearm in furtherance of a drug trafficking crime.

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

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

Fisher faces at least 5 years and up to life in prison, a fine of up to $250,000, and a term of post-release supervision of up to 5 years, when he is sentenced by Senior United States District Judge Gary L. Sharpe on June 18, 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 is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

ALBANY, NEW YORK – Luc Emond, age 60, of Montreal, Canada, was sentenced today to 10 months in prison, and to pay a $3,000 fine, for attempting to smuggle pistol kits into Canada. 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).

In pleading guilty, Emond admitted to hiding the pistol kits in his car and attempting to smuggle them into Canada without first obtaining export licenses and completing other paperwork.  Emond ordered the two pistol kits over the internet and had them delivered to him at a motel in Lake George, New York, to which he traveled from Canada in order to pick up the firearms kits and transport them to Canada.

This case was investigated by HSI, the Warren County Sheriff’s Office, and the Albany County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emily C. Powers.

SYRACUSE, NEW YORK – Kyle Leeper, age 36, of Palmyra, Pennsylvania, Ramon Nieves Cotto, age 28, of DeRuyter, New York, and Arlene Rodriguez, age 36, of Montebello, California, were named as defendants Thursday in a federal superseding indictment that includes charges of murder during a drug conspiracy, conspiracy to distribute and possess with intent to distribute 50 or more grams of methamphetamine, possession of 50 or more grams of methamphetamine with intent to distribute, and possession of a firearm by a convicted felon.

The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; Cortland County Sheriff Mark E. Helms; and Barstow, California, Police Chief Albert Ramirez Jr. 

The superseding indictment charges Kyle Leeper, aided and abetted by Ramon Nieves Cotto, with shooting and killing Robert Chavez on January 17, 2019, while engaging in a drug trafficking conspiracy involving 50 or more grams of methamphetamine. Also charged with drug conspiracy is Arlene Rodriguez. The indictment also charges Leeper and Rodriguez with possessing with intent to distribute 50 or more grams of methamphetamine on January 19, 2019, in Cortland County, New York. All three defendants also are charged, either as principals, accomplices, or co-conspirators, with using and carrying a firearm during and in relation to drug trafficking crimes, with Kyle Leeper further charged with discharging that firearm and murdering Chavez, and Ramon Nieves Cotto charged with aiding and abetting those crimes.  Kyle Leeper also is charged with possession of a firearm as a felon on that same day.

If convicted of committing murder during a conspiracy to distribute and possess with intent to distribute more than 50 grams of methamphetamine, Kyle Leeper and Ramon Nieves Cotto face a minimum sentence of 20 years, and a maximum sentence of up to life imprisonment, or a sentence of death. For the charge of conspiracy to distribute and possess with intent to distribute 50 or more grams of methamphetamine, Kyle Leeper, Ramon Nieves Cotto and Arlene Rodriguez face a minimum of 10 years and a maximum sentence of up to life in prison, a fine of up to $10 million and a term of supervised release of at least 5 years and up to life. Kyle Leeper and Arlene Rodriguez face those same penalties on the charge of possessing with intent to distribute 50 or more grams of methamphetamine.  On the charge of using and carrying a firearm in relation to a drug trafficking crime, Arlene Rodriguez faces a sentence of 5 years to life imprisonment, a $250,000 fine, and a 5-year supervised release term; based on additional allegations against them of discharge of the firearm and murder, for this charge Kyle Leeper and Ramon Nieves Cotto each face sentences of 10 years to life imprisonment, or death, a fine of $250,000, and a 5-year supervised release term.  Kyle Leeper could be sentenced for up to 10 years imprisonment, a fine of up to $250,000.00 and up to a 3-year term of supervised release if convicted of possession of a firearm by a convicted felon.

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

Ramon Nieves Cotto was arrested and arraigned yesterday in Syracuse, before United States Magistrate Judge Andrew Baxter, and was ordered detained pending a bail hearing. Kyle Leeper and Arlene Rodriguez have been detained in federal custody since August 2019, when they were charged in an earlier federal indictment that alleged drug and firearms charges only.  Kyle Leeper and Arlene Rodriguez were first arrested on January 19, 2019, by members of the Cortland County Sheriff’s Office. New York State Penal Law charges for possession of methamphetamine and firearms possession stemming from those arrests have been dismissed following the federal indictments.

This case is being investigated by the FBI, the DEA, the Cortland County Sheriff’s Office, and the City of Barstow, California Police Department, with assistance from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the Cortland County (New York) District Attorney’s Office, and the San Bernardino County (California) District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys Steven D. Clymer, Richard R. Southwick, and Thomas R. Sutcliffe.

ALBANY, NEW YORK –Randy Eignor, age 49, of Rotterdam, New York, appeared yesterday in federal court on a charge that he attempted to entice a minor into sexual activity.

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

According to the criminal complaint, Eignor, attempted to entice and coerce an individual, whom he believed to be a 12-year-old girl, to engage in sex.  After days of sexually explicit text messages with the person whom he believed to be a 12-year-old girl, Eignor arranged to meet in Colonie, where Eignor was confronted by law enforcement.  

The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.  If convicted, Eignor faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Eignor would be required to register as a sex offender.

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

Anyone with information relevant to this investigation may contact the FBI’s Albany Field Office at (518) 431-4866.

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

This case is being prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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 – Saul McDuffie, age 32, of Albany, was indicted yesterday on a charge of unlawfully possessing a firearm as a felon.  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. 

The indictment alleges that McDuffie, a felon, possessed a Taurus handgun in Albany on October 28, 2019.  The charge carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  

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

McDuffie was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and detained pending a trial before Chief United States District Judge Glenn T. Suddaby.

This case is being investigated by the Albany Police Department and HSI, and is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Rachel L. Williams. 

ALBANY, NEW YORK – Daniel Antonio Salas-Miranda, age 41, and a citizen of Mexico, was sentenced today to 24 months in prison for illegally re-entering the United States.

The announcement was made by United States Attorney Grant C. Jaquith; Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO); and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Salas-Miranda admitted as part of his guilty plea that he is a citizen of Mexico, and that he was removed from the United States to Mexico on November 20, 2002, June 3, 2008 and again on June 18, 2008.  On two occasions, Salas-Miranda had been arrested by immigration authorities in New Jersey and on one occasion, he was arrested by Border Patrol in Arizona after he entered the United States without inspection from Mexico.  

On October 12, 2018, he was arrested by an ICE-ERO officer in Wilton, New York.  New York State Police Officers had interviewed Salas-Miranda while conducting a homicide investigation. ICE checked the fingerprints of Salas-Miranda, discovered his prior removals, and detained him. 

On April 9, 2019, Salas-Miranda was convicted in Saratoga County Court of criminal possession of a weapon and criminally negligent homicide, resulting in a sentence of 10 years in state prison.   The Saratoga County prosecution stemmed from the possession and discharge of a firearm by Salas-Miranda at the Crest Inn, in Wilton, that caused the death of Michael Kornacki.  United States District Judge Mae A. D’Agostino directed that the federal sentence she imposed today run consecutive to the New York State sentence.  The 24-month federal sentence is the maximum permitted by law.

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

UTICA, NEW YORK - Jaswinder Singh, age 30, and a citizen of India who most recently resided in Philadelphia, was sentenced today to 12 months in prison for knowingly transporting illegal aliens within the United States for the purpose of financial gain. 

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Singh, who worked as an Uber driver, admitted that between January 1, 2019 and May 20, 2019, he picked up several aliens whom he knew had crossed illegally into the United States and transported them into the interior of the United States, in exchange for payment.  On May 20, 2019, the day he was arrested for this offense, Singh drove to a location in St. Lawrence County, New York, to pick up two aliens – including a child – who had illegally crossed into the United States from Canada. The aliens paid Singh $2,200 after he picked them up. 

Singh, who previously sought and received asylum in the United States, faces possible deportation as a result of this offense. United States District Judge David N. Hurd imposed a 2-year term of supervised release to begin after Singh is released from prison, in the event that Singh is not deported.

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Michael F. Perry.

UTICA, NEW YORK – James Caruso, age 57, of Utica, was sentenced today to 60 months in prison for 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).

As part of his guilty plea, Caruso admitted that he purchased and received images and videos of child pornography from a foreign website. A search of Caruso’s laptop computer revealed that he possessed 131 videos and 32 images depicting child pornography.

United States District Judge David. N. Hurd also imposed a 10-year term of supervised release, which will start after Caruso is released from prison. As a result of his conviction, Caruso will be required to register as a sex offender upon his release from prison.

Caruso’s case was investigated by HSI and the New York State Police.  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 – Thomas Critten, age 30, of Jersey City, New Jersey, pled guilty today to possession with the intent to distribute 104 grams of crack cocaine in St. Lawrence County.

The announcement was made by United States Attorney Grant C. Jaquith and Sheriff Brooks J. Bigwarfe of St. Lawrence County.

As part of his guilty plea, Critten admitted that on December 20, 2018, he brought 104 grams of grams of crack cocaine to Massena, New York, with the intent of distributing the drugs to another individual.  Critten admitted he had hidden two bags containing crack cocaine in his underwear, and that police discovered the drugs during a search incident to his arrest on an unrelated charge. 

Chief United States District Judge Glenn T. Suddaby scheduled sentencing for June 24, 2020.  Critten faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment 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 was investigated by the St. Lawrence County Drug Task Force, and was prosecuted by Assistant U.S. Attorney Troy Anderson.

SYRACUSE, NEW YORK – Alejandro Hernandez, a/k/a Eddy Wilkins, age 69, a citizen of Mexico, pled guilty and was sentenced yesterday to time served (26 months in prison) for misusing a Social Security Number and aggravated identity theft.  He also was ordered to pay restitution of $127,739.32 to the Van Duyn Center for Rehabilitation and Nursing (“Van Duyn”) and $946,801.83 to the State University of New York Upstate Medical University Hospital (“SUNY-Upstate”).  The announcement was made by United States Attorney Grant C. Jaquith, U.S. Immigration and Customs Enforcement (ICE), Buffalo Field Office Director of Operations Thomas Feeley, and Special Agent in Charge John Grasso of the New York Field Office of the Social Security Administration, Office of Inspector General. 

In pleading guilty, Hernandez acknowledged that in October 2016, he was admitted as a patient to SUNY-Upstate in Syracuse. At that time, he identified himself as Eddy Wilkins and provided a Social Security Number.  He knew at the time he made those statements that the Social Security Number that he presented was not his own and was assigned to another person.  He made the false representations for purposes of billing for his medical expenses and in an effort to use the number to receive care at SUNY-Upstate.  The defendant was later admitted to Van Duyn where he again provided a false name and Social Security Number for the purposes of billing for medical expenses and to obtain care.  Hernandez was provided medical care by both facilities, resulting in unpaid charges of slightly more than $1 million. 

Upon being sentenced yesterday, Hernandez was taken into custody by the Department of Homeland Security on an immigration detainer. He faces further civil proceedings in Immigration Court. 

This case was investigated by the United States Department of Homeland Security – Immigration and Customs Enforcement and the Social Security Administration Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

SYRACUSE, NEW YORK – William Harrell, age 58, of Ithaca, New York, pled guilty yesterday to filing a false tax return, announced United States Attorney Grant C. Jaquith and Jonathan Larsen, Special Agent in Charge of Internal Revenue Service-Criminal Investigation, New York Field Office.

Harrell was charged with one count of filing a false tax return in 2016. As part of his guilty plea, Harrell admitted that in October 2016, he filed a tax return for the year 2015 in which he knowingly and willfully underreported revenue he received through his construction and remodeling business. Harrell also admitted to underreporting revenue for the years 2012-14, and 2016.  Harrell failed to report approximately $3,994,866 in income, as result of which he avoided paying $422,843 in federal incomes taxes, not including interest and penalties.

Harrell faces up to 3 years in prison, a maximum fine of up $250,000, and up to 1 year of supervised release, when he is sentenced by Senior United States District Judge Thomas J. McAvoy on June 16, 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 Internal Revenue Service-Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.

SYRACUSE, NEW YORK – Rian Patterson, age 23, and Devin Diggs, age 20, who were soldiers stationed at Fort Drum, New York, pled guilty yesterday to felony charges in connection with the burglaries of federally licensed firearms dealers in September 2019, announced 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).

In pleading guilty, Patterson and Diggs admitted to stealing firearms during the burglary of a licensed federal firearms dealer in Gouvernuer, New York, on September 14, 2019, and to the burglary of a second licensed federal firearms dealer in De Kalb Junction, New York, on September 29, 2019. As part of their guilty pleas, both men also admitted to knowingly possessing stolen firearms taken during those burglaries in their barracks at Fort Drum, in Le Ray, N.Y. Patterson also admitted that he knowingly possessed a firearm with an obliterated serial number.

Patterson and Diggs each face up to 10 years in prison, a maximum fine of up to $250,000, and up to 3 years of supervised release, when they are sentenced by Senior United States District Judge Thomas J. McAvoy on June 16, 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. Patterson and Diggs have already been discharged from the United States Army.

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

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

SYRACUSE, NEW YORK – John Angwin, age 30, of Holland Patent, New York, was sentenced today to 132 months in prison for distributing and possessing child pornography.  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 New York State Police Superintendent Keith Corlett.

As part of his guilty plea, Angwin admitted that he used the Kik Messenger application to distribute child pornography to other Kik users.  Agwin also used his iPhone to possess images and videos of child pornography he received via the internet.  On Angwin’s iPhones he possessed over 1,500 images and over 150 video files depicting minors engaged in sexually explicit conduct. The images and videos included depictions of the rape and sodomy of prepubescent children and toddlers.

Chief United States District Judge Glenn T. Suddaby also imposed a 25-year term of supervised release, which will start after Angwin is released from prison, and ordered payment of $12,000 in restitution. As a result of his conviction, Angwin will be required to register as a sex offender upon his release from prison.

Angwin’s case was investigated by HSI Syracuse with assistance from the State Police Computer Crimes Unit, and the Oneida County Sheriff’s Office.  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 – Edwin Rodriguez, a/k/a “Chaka,” age 31, of Amsterdam, New York, pled guilty today to 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 Gregory J. Culick. 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, and that he was driving with a suspended license. 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. Rodriguez faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life, when United States District Judge Mae A. D’Agostino sentences him on June 15, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. This case was investigated by the DEA and the Amsterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Khalid M. Chadder, age 50, of Ticonderoga, New York, pled guilty yesterday to conspiring to defraud Medicaid.

The announcement was made by:

• United States Attorney Grant C. Jaquith;
• New York State Police Superintendent Keith M. Corlett;
• James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and
• New York State Inspector General Letizia Tagliafierro.

 

Chadder operated Chadder Imports, Inc., d/b/a Adirondack Taxi and Limo, Inc. (“Adirondack Taxi”), a Medicaid-funded transportation company based in Ticonderoga. 

Chadder admitted that from 2015 to 2018, he committed several frauds against Medicaid and the New York State Department of Health, including: billing Medicaid and receiving payment for trips where beneficiaries drove themselves to their own medical appointments, and falsifying the identities of the drivers for those trips; and billing Medicaid and receiving payment for roundtrips to and from medical appointments when the beneficiaries took only one-way trips with Adirondack Taxi.

Chadder faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years, when he is sentenced on June 9, 2020 by Senior United States District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  Chadder has also agreed to pay $200,000 in restitution.

Chadder is the last of 6 defendants to plead guilty to federal charges in connection with a multi-agency investigation into Medicaid fraud committed by the owners and operators of medical transportation companies based in Essex County.  The following defendants have previously pled guilty:

Name

Residence

Federal charge(s)

Sentence

Arshad Nazir

Ticonderoga

Conspiracy to commit health care fraud; conspiracy to pay bribes and kickbacks to Medicaid beneficiaries

1 year and 1 day in prison, and ordered to pay $450,000 in restitution

Waqas Nauman

Queensbury, New York

Health care fraud

Time served (25 days in jail), and ordered to pay $55,000 in restitution

Khurram Gondal, aka Khurram Choudhary

Ticonderoga

Health care fraud

 

Time served (25 days in jail), and ordered to pay $60,000 in restitution

Qaiser Gondal

Watervliet, New York

Conspiracy to commit health care fraud

Sentencing scheduled for March 11, 2020

Anthony Armstrong

Ticonderoga

Conspiracy to commit health care fraud; conspiracy to pay bribes and kickbacks to Medicaid beneficiaries

Sentencing scheduled for March 11, 2020

These cases were investigated by the FBI, the New York State Police’s Special Investigations Unit, and the Office of the New York State Inspector General, and were prosecuted by Assistant U.S. Attorney Michael Barnett.

Several additional agencies assisted in this investigation, including the Essex County District Attorney’s Office; New York State Police-Troop B; the Office of the New York State Comptroller, Division of Investigations; New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); Essex County Sheriff’s Office; Homeland Security Investigations (HSI); the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and the New York State Department of Labor.

ALBANY, NEW YORK – Luke E. Steiner, age 31, of Minnesota, pled guilty yesterday to conspiring with Michael T. Mann to defraud financing companies out of millions of dollars.

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

Steiner worked at Optum, a division of UnitedHealth Group Incorporated located in Eden Prairie, Minnesota.  In pleading guilty, he admitted that between 2013 and September 2019, he conspired with Mann and others to fraudulently obtain millions of dollars in loans for Mann’s companies.   

Steiner admitted that he worked with Mann to induce financing companies to loan money on the basis of fake invoices purporting to show payments owed by his employer, Optum, to Mann’s companies.  Steiner’s role was to falsely represent to the financing companies that the fake invoices were valid and payable by Optum when, in fact, he knew that they were not.  He admitted that the conspiracy caused a total of $12,968,505.22 in losses to two financing companies, one based in New York and the other in Colorado.

Steiner faces up to 20 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced by Senior United States District Judge Lawrence E. Kahn.  He has agreed to entry of an order requiring him to pay $12,968,505.22 in restitution.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Mann, age 49, of Saratoga County, operated ValueWise Corporation and other companies based in Clifton Park, New York.  He is charged with bank fraud.  The charges in the criminal complaint against Mann are merely accusations. Mann is presumed innocent unless and until proven guilty.

These cases are being investigated by the FBI, and are being prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck. 

ALBANY, NEW YORK – Julan Morrison, aka “Weez,” age 38, of Hudson, New York, was sentenced today to 120 months in prison for his involvement in a crack cocaine distribution ring that operated in Columbia County.

The announcement was made by United States Attorney Grant C. Jaquith; Keith M. Corlett, Superintendent of the New York State Police; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Chief L. Edward Moore of the Hudson Police Department.

As part of his guilty plea, Morrison admitted that between August and December 2017, he was involved in a conspiracy to distribute crack cocaine in Columbia County.  Morrison admitted that members of the conspiracy made weekly trips to New York City where they purchased hundreds of grams of powder cocaine, returned it to Hudson, converted it to crack cocaine, and then sold it to customers.  Morrison admitted that the organization sold at least 464 grams of crack cocaine between August and December 2017.

Senior United States District Judge Thomas J. McAvoy also imposed a 5-year term of supervised release, to begin after Morrison’s release from prison.

This case was investigated by the New York State Police’s Special Investigations Unit, the FBI, and the Hudson Police Department, and was prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.

ALBANY, NEW YORK – Arshad Nazir, age 55, of Ticonderoga, New York, was sentenced yesterday to 1 year and 1 day in prison, to be followed by 3 years of supervised release, for conspiring to defraud Medicaid, and conspiring to pay bribes and kickbacks to Medicaid beneficiaries who used his medical transportation service. 

The announcement was made by:

• United States Attorney Grant C. Jaquith;
• James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);
• New York State Police Superintendent Keith M. Corlett; and
• New York State Inspector General Letizia Tagliafierro.

 

Senior United States District Judge Thomas J. McAvoy also ordered Nazir to pay $450,000 in restitution, $50,000 of which Nazir paid immediately following his sentencing. 

The sentencing was the result of a state and federal investigation into Medicaid fraud committed by the owners and operators of medical transportation companies based in Essex County.

Nazir operated Capital Medallion, Inc. d/b/a Avalanche Taxi Service (“Avalanche Taxi”), a Medicaid-funded transportation company based in Ticonderoga.  The New York State Department of Health (“DOH”) paid Nazir’s company at least $2.45 million for Medicaid-funded transportation between 2014 and 2018. 

As part of his plea on February 12, 2019, Nazir admitted that he committed a variety of frauds against Medicaid and DOH, including: billing Medicaid and receiving payment for trips where beneficiaries drove themselves to their own medical appointments, and falsifying the identities of the drivers for those trips; billing Medicaid and receiving payment for roundtrips to and from medical appointments when the beneficiaries took only one-way trips with Avalanche Taxi; and falsifying pick-up and drop-off locations, in order to increase the purported distances traveled and therefore be able to claim and receive higher Medicaid payments.

Nazir also admitted that he agreed to pay kickbacks and bribes to Medicaid beneficiaries in order to get these beneficiaries to schedule and keep scheduling medical transportation appointments with Avalanche Taxi.  Kickbacks included cash, cigarettes and tobacco, and free goods at Nazir’s convenience store in Ticonderoga. 

This case was investigated by the FBI, the New York State Police’s Special Investigations Unit, and the Office of the New York State Inspector General, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

Several additional agencies assisted in this investigation, including the Essex County District Attorney’s Office; New York State Police-Troop B; the Office of the New York State Comptroller, Division of Investigations; New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); Essex County Sheriff’s Office; Homeland Security Investigations (HSI); the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and the New York State Department of Labor.

ALBANY, NEW YORK – Shawn Morse, age 52, the former Mayor of Cohoes, New York, was sentenced today to two years of probation, 200 hours of community service, a $3,000 fine, and forfeiture of $12,250, for defrauding his supporters by stealing campaign contributions for his personal benefit. 

The announcement was made by United States Attorney Grant C. Jaquith and Tina Fuerholzer, Supervisory Special Agent of the Federal Bureau of Investigation (FBI).

During his guilty plea on August 20, 2019, Morse admitted that he and his campaign treasurer, Ralph Signoracci, solicited and received contributions to his political committee the “Friends of Shawn Morse” and a political action committee.  Signoracci then provided some of those funds to Morse for his personal use including an August 2015 contribution of $500 Morse used to pay a personal bill.  In total, as part of the scheme, Morse personally obtained $12,250 in political contributions from at least 10 victims to pay personal expenses at hotels, restaurants, and retailers.

As part of the scheme, Signoracci concealed the nature of the fraudulent expenditures by falsely reporting their purpose or by not reporting or disclosing them on campaign disclosure reports, as was required of local candidates for public office.  Signoracci pled guilty to conspiracy to commit wire fraud, and was sentenced to a one-year term of probation and 100 hours of community service.

This case was investigated by the FBI, and was prosecuted by former Assistant U.S. Attorney Megan Kinsella Kistler and Assistant U.S. Attorney Daniel Hanlon.

 

SYRACUSE, NEW YORK – Abner Peralta, age 30, and Luis Colon age 35, both of Utica, New York, were found guilty yesterday of drug trafficking charges following a five-day jury trial in federal court in Utica, announced 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.

Peralta and Colon were found guilty of conspiracy to possess with intent to distribute and the distribution of cocaine in the Utica area from October 2016 to October 2017. Additionally, Peralta was found 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. A fingerprint analyst testified that he found Peralta’s fingerprints on some of the packaging material seized from the stash location. The cocaine base Peralta possessed with the intent to distribute was found during a search warrant of his stash location in October 2017. Law enforcement officers also searched Peralta’s house and found multiple items in the garage that tested positive for cocaine residue, including a digital scale.

At sentencing, Peralta and Colon each face a maximum term of 40 years in prison for their offenses of conviction, and Peralta additionally faces a mandatory minimum term of imprisonment of 5 years. They each face fines of up to $5 million and supervised release terms of between 4 years and life following their release from imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. A date for sentencing has not yet been set.

This case was investigated by the 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 is being prosecuted by Assistant U.S. Attorneys Michael F. Perry and Thomas Sutcliffe.

ALBANY, NEW YORK –John Curley, age 48, of Chester, Vermont, was sentenced today to 57 months in prison for attempting to meet a 12-year-old girl for sex.

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

As part of his previously entered guilty plea, Curley admitted that he used an internet-based social networking service to solicit sex from someone he thought was a 12-year-old girl, but who was actually a police investigator acting in an undercover capacity.  Curley was arrested in a parking lot in Fort Ann, New York, where Curley believed he was going to meet the 12-year-old girl for sex. 

United States District Judge Mae A. D’Agostino also imposed a 20-year term of supervised release, which will start after Curley is released from prison.  As a result of his conviction, Curley will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and was prosecuted by Assistant U.S. Attorney Ashlyn Miranda.

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 – Michael Rushmer, age 48, of Johnson City, New York, was sentenced today to 300 months in prison for sexually exploiting a child, and for distributing and possessing child pornography.

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

As part of his previously entered guilty plea, Rushmer admitted that he created sexually explicit images and videos of a minor (including secretly recording the victim engaged in sexual acts), and that he distributed some of those images and videos to people over the internet.  Rushmer further admitted that he possessed hundreds of images and videos depicting child pornography on his electronic devices, some of which included children under the age of 12.

Senior United States District Judge Thomas J. McAvoy also imposed a 10-year term of supervised release, which will start after Rushmer is released from prison, and ordered payment of $9,000 in restitution to victims.  As a result of his conviction, Rushmer will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI, the Johnson City Police Department, the Broome County Sheriff’s Department, and the Broome County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Sahar Amandolare.

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

ALBANY, NEW YORK - Mahin Mojtahedzadeh, age 74, and a citizen of Iran, was sentenced today to time served (443 days in jail) for conspiring to unlawfully export gas turbine parts from the United States to Iran.

The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Jonathan Carson, Special Agent in Charge, the U.S. Department of Commerce, Office of Export Enforcement, New York Field Office.

United States District Judge Mae A. D’Agostino also ordered Mojtahedzadeh to pay a $5,000 fine.  Mojtahedzadeh had been in law enforcement custody since November 14, 2018 and will now be placed into immigration custody for the purposes of removal from the United States.

On July 19, 2019, she pled guilty to one count of conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions and Sanctions Regulations.  She admitted that she was the President and Managing Director of ETCO-FZC (“ETCO”), an export company with an office in Dubai in the United Arab Emirates.  ETCO is a supplier of spare and replacement turbine parts for power generation companies in the Middle East, including Iran.

Mojtahedzadeh admitted that from 2013 through 2017, she worked with companies in Canada and Germany to violate and evade U.S. sanctions against Iran, by having these companies first acquire more than $3 million dollars’ worth of turbine parts from two distributors in Saratoga County, New York. 

When the U.S. parts arrived in Canada and Germany, respectively, these companies and Mojtahedzadeh then arranged for the parts to be re-shipped to ETCO’s customers in Iran.  At all times, U.S. law prohibited the export and re-export of U.S.-origin turbine parts to Iran without a license from the U.S. Office of Foreign Assets Control (OFAC), which neither Mojtahedzadeh nor her co-conspirators possessed.

United States Attorney Grant C. Jaquith stated: “This investigation struck a blow to Iranian efforts to obtain U.S. goods needed for Iran’s domestic energy production, and brought to justice three foreign nationals who conspired to circumvent economic sanctions that protect the national security of the United States.”

FBI Special Agent in Charge James N. Hendricks stated: “Anyone looking to evade sanctions and put our nation at risk should be on notice. The FBI, along with our interagency partners, will continue to vigorously investigate these crimes and ensure perpetrators, like Mahin Mojtahedzadeh, are brought to justice.”

Kevin Kelly, HSI Buffalo Special Agent in Charge, stated: “The illegal exportation of sensitive and restricted technology is a detriment to our national security.  HSI is committed to enforcing these laws and ensuring that safeguards are maintained.  The defendant’s admission of guilt and the sentence they received today is a clear example of the consequences awaiting those who engage in such actions.”

Special Agent in Charge Jonathan Carson, of the U.S. Department of Commerce, Office of Export Enforcement, New York Field Office stated: “We will fully and aggressively enforce our nation’s restrictions on exports to Iran.  Controls on exports to Iran help apply maximum pressure on Iran to end its promotion of instability and terrorism worldwide.  The Office of Export Enforcement will continue to leverage our unique authorities to pursue violators wherever they are, worldwide. We will continue to work with our law enforcement partners to achieve this goal.”

Two of Mojtahedzadeh’s co-conspirators have previously pled guilty and been sentenced.

Olaf Tepper, a citizen of Germany, pled guilty to conspiring to violate IEEPA.  On August 3, 2018, Judge D’Agostino sentenced him to 24 months in prison, and to pay a $5,000 fine. Tepper was the founder and Managing Director of Energy Republic GmbH (“Energy Republic”), based in Cologne, Germany, which re-exported U.S.-origin turbine parts to Iran, as part of a conspiracy with Mojtahedzadeh.

Mojtaba Biria, a citizen of Germany, also pled guilty to conspiring to violate IEEPA.  On August 14, 2019, Judge D’Agostino sentenced him to time served (approximately 21 months in jail).  Biria was Energy Republic’s Technical Managing Director. 

These cases are the result of a joint investigation by FBI, HSI and the Department of Commerce Office of Export Enforcement, and were prosecuted by Assistant U.S. Attorneys Rick Belliss and Michael Barnett, with assistance from Trial Attorney Scott A. Claffee of the Department of Justice’s National Security Division, Counterintelligence & Export Control Section.

ALBANY, NEW YORK – Paul Turnbull, age 53, of Cohoes, New York, was arrested on January 27 on charges 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).

The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.  Turnbull appeared in court on January 29 before United States Magistrate Judge Daniel J. Stewart.  Following a detention hearing held yesterday, Turnbull was detained pending trial. 

If convicted, Turnbull 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 statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Turnbull would be required to register as a sex offender.

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

The case is being investigated by HSI with assistance from the New York State Police Computer Crimes Unit and the Cohoes Police Department, and is being prosecuted by Assistant U.S. Attorney Robert A. Sharpe.

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.

ALBANY, NEW YORK – Peter D. Amato, age 66, of Albany, was sentenced today to 1 year of probation and to pay a $15,000 fine for conspiracy to commit bank fraud.

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

As part of his guilty plea, Amato admitted that from July 2015 through January 2017, he and a co-conspirator submitted inflated project budgets to M&T Bank as part of loan applications for apartment construction projects in the Towns of Brunswick and Stillwater, New York.  They then used the additional funds that the bank loaned to them for purposes not authorized by the loan agreements.  Amato further admitted that, as part of the scheme, he and his co-conspirator submitted false subcontractor agreements to M&T Bank that substantially overstated the amount of money for which subcontractors had agreed to do work on the projects, but that were consistent with the inflated project budgets Amato and his co-conspirator had provided to the bank. 

This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Richard D. Belliss. 

SYRACUSE, NEW YORK – Timothy B. Pease, 30, of Kirkville, New York, was arrested yesterday on charges of transportation of child pornography following the execution of a search warrant at his residence by Special Agents of the Federal Bureau of Investigation ("FBI"), announced United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

The defendant appeared today in Federal Court in Syracuse, New York, before United States Magistrate Judge Miroslav Lovric on a criminal complaint charging him with posting image and video files containing child pornography to an on-line group, and remanded into custody. 

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

If convicted of transporting child pornography, Pease faces a mandatory minimum sentence of 5 years, and a maximum term of 20 years imprisonment, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. 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 Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.

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

ALBANY, NEW YORK – Kurtis Walter, age 26, of Troy, New York, pled guilty yesterday to distributing and receiving child pornography.

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

As part of his guilty plea, Walter 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 “dark web.”  Walter’s laptop and external devices contained approximately 98 video files and 2,349 image files depicting child pornography.

Sentencing is scheduled for May 26, 2020 before United States Judge Mae A. D’Agostino.

Walter faces a minimum term of imprisonment of 5 years, and a maximum term of imprisonment of 20 years.  The Court is also required to impose a term of supervised release of between 5 years and life, and Baker will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors

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

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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 – Keith E. Hook, age 55, of Oswego, New York, was sentenced yesterday to 80 months in prison for distributing, receiving and possessing child pornography, announced United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

United States Attorney Grant C. Jaquith said, “It is a sad day when a federal agent violates his duty to protect society in such a profound way. Thanks to the hard work of our law enforcement partners, Border Patrol Agent Hook has been held accountable for trading child pornography while on duty, and his sentence reflects the reprehensible nature of his behavior.”

As part of his guilty plea, Hook admitted that he used the Kik Messenger application to distribute and receive child pornography from other Kik users between January 2018 and July 2018.  Hook, using his iPod Touch, traded images of child pornography using a Wifi connection both at his home and while on duty at the Oswego Port of Entry.  Forensic analysis of Hook’s iPod revealed that at the time of his arrest he possessed on his iPod 138 images and 4 video files depicting minors engaged in sexually explicit conduct.  In addition to those images, Hook also had 10 video files and over 200 image files saved in his iCloud storage account and another 3 images stored on his laptop computer.  The images and videos included depictions of the rape and sodomy of prepubescent children and toddlers.

United States District Judge Hon. David N. Hurd also imposed a 10-year term of supervised release, which will start after Hook is released from prison, ordered a $300 special assessment, and a payment of $9,000 in restitution to the victims. As a result of his conviction, Hook will be required to register as a sex offender upon his release from prison.

Hook’s case was investigated by Homeland Security Investigations (HSI) Syracuse, with assistance from the U.S. Department of Homeland Security-Office of Inspector General, U.S. Customs and Border Protection-Office of Professional Responsibility, The New York State Police Computer Crimes Unit, and NYSP Fulton.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

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.

ALBANY, NEW YORK – Jacob Ebel, age 32, of Niverville, New York, was sentenced today to 18 years in prison after admitting that he distributed heroin and fentanyl to two people who died in Columbia County in July 2016. 

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); New York State Police Superintendent Keith M. Corlett; and Columbia County Sheriff David P. Bartlett.

United States District Judge Mae A. D’Agostino imposed the 18-year term of imprisonment that the Government and Ebel jointly recommended to her when he pled guilty on September 11, 2019.  Ebel will also serve a 3-year term of supervised release.  In imposing sentence, Judge D’Agostino told Ebel, “You are forever intertwined with the senseless, tragic deaths of two people who were loved by their families.”

In pleading guilty, Ebel admitted to selling heroin, fentanyl and other controlled substances, from 2014 through July 26, 2016, in Columbia County. 

Ebel admitted to dealing heroin and fentanyl first to a man identified as S.B., who overdosed on July 3, 2016 and died five days later, and then to a woman identified as S.S., who overdosed and died on July 23, 2016.

S.B., age 29, overdosed and was found unconscious in Niverville on July 3, 2016, less than a mile from Ebel’s house.  A State Police investigation established that prior to the overdose, S.B. had had extensive text message communications with Ebel, and that Ebel had sold heroin and fentanyl to S.B. at about 2:15 p.m. on July 3, 2016, several hours before S.B. was found unresponsive.  Inside S.B.’s vehicle, State Police located a folded, yellow sticky note with heroin and fentanyl, and “4-0” written on the outside – the amount of money that S.B. told the defendant he had in the text message conversations. 

Ebel and S.B. were friends.  Ebel knew that S.B. had died, but he kept dealing heroin and fentanyl.

On the morning of July 23, 2016, the Columbia County Sheriff’s Office (CCSO) responded to a house in Stuyvesant, New York, and found S.S. dead.  Investigators found three folded sticky notes in a small plastic bag on her bed; the notes contained heroin and fentanyl.  The CCSO investigation established that Ebel had sold heroin and fentanyl to S.S.’s husband in the days prior to S.S.’s death, and that S.S., age 19, had taken these drugs and died. 

Law enforcement executed a search warrant on Ebel’s house in the early morning hours of July 26, 2016.  Investigators seized about 16 grams of heroin and fentanyl that Ebel intended to sell.  Ebel was arrested that day and has been in custody ever since.

This case was the result of a joint investigation conducted by the New York State Police-Troop K and Columbia County Sheriff’s Office, with assistance from the U.S. Drug Enforcement Administration (DEA) and the office of Columbia County District Attorney Paul Czajka.  The case was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Fred Hood, a/k/a “Taylor Taylor,” age 57, was sentenced today to time served (about 10.5 months in jail) for threatening to kill employees and residents of a Massachusetts veterans services program.

The announcement was made by United States Attorney Grant C. Jaquith and Chief Thomas Gibbons of the U.S. Department of Veterans Affairs Police in Albany.

As part of his guilty plea on September 20, 2019, Hood admitted that he sent multiple electronic messages from a VA facility in Albany to individuals at a nonprofit veterans services organization, threatening to commit a shooting attack at the organization’s residence on the campus of the Northampton VA Medical Center in Leeds, Massachusetts. 

United States District Judge Mae A. D’Agostino sentenced Hood – who has been in custody since March 2, 2019 – to time-served and to a 3-year term of post-imprisonment supervised release.

This case was investigated by the VA Police with assistance from the Federal Bureau of Investigation, and was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

BINGHAMTON, NEW YORK – Francisco Alarcon Badillo, age 28 and a citizen of Mexico, pled guilty on January 17 to selling crystal methamphetamine while employed 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.

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 dormitory room.  He admitted to selling more than 400 grams of crystal methamphetamine.

Badillo faces at least 10 years and up to life in prison when he is sentenced on May 28, 2020 by Senior United States District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

This case was investigated by the 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 is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Jessica Pascale, age 34, of Troy, New York, pled guilty today to defrauding the Social Security Administration (SSA) by diverting and stealing the benefit payments of two minor children while she was employed as a Social Security claims representative.

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

As part of her guilty plea, Pascale admitted that in July and September 2019, she used the SSA computer system in the SSA’s Troy office to divert two Supplemental Security Income (SSI) benefit payments intended for two minor children, totaling $3,309.34, into her personal bank account.  Neither the children, nor their parents, were aware of the thefts, which were discovered through internal controls at SSA.   Pascale pled guilty to four felony charges: two charges of theft of government property and two charges of fraud in connection with identification information.

At sentencing on May 20, 2020, Pascale faces up to 15 years in prison and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

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

BINGHAMTON, NEW YORK – Corey Baker, age 24, of Clintondale, New York, pled guilty today to distributing and receiving child pornography.

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

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

Sentencing is scheduled for May 27, 2020 before Senior United States Judge Thomas J. McAvoy.

Baker faces a minimum term of imprisonment of 5 years, and a maximum term of imprisonment of 20 years.  The Court is also required to impose a term of supervised release of between 5 years and life, and Baker will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors

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

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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.

BINGHAMTON, NEW YORK – Jason L. Wentworth, age 35, of Oneonta, New York, was sentenced on January 2 to five years of probation for stealing Social Security survivors benefits and for making false statements to the Social Security Administration that enabled Wentworth to obtain those benefits.

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

On August 21, 2019, Wentworth pled guilty to a six-count indictment charging three counts of theft of government property, one count of representative payee fraud, and two counts of making false statements in connection with his theft of Social Security benefits.  Following his wife’s death, Wentworth applied for and received survivors benefits on his son’s and his own behalf, and continued to receive and keep those benefits, even after the son’s maternal grandparents took over as his son’s primary caregivers.  Wentworth was not entitled to collect benefits on his own behalf once he stopped serving as the primary caregiver for his son.

Senior United States District Judge Thomas J. McAvoy also ordered Wentworth to pay restitution to the government in the amount of $27,525 and restitution to his son in the amount of $25,035.  Additionally, Judge McAvoy ordered Wentworth to forfeit $3,822.

This case was investigated by the SSA Office of the Inspector General and was prosecuted by Assistant U.S. Attorney Emily C. Powers.

SYRACUSE, NEW YORK - William “Bill” Saiff III, age 56, of Henderson, New York, was arraigned yesterday in federal court in Syracuse after being charged by indictment with three felony counts for hiring guides to lead paying hunters on illegal waterfowl hunts over baited ponds in October and November 2018 in Jefferson County, New York.  The charges were announced by United States Attorney Grant C. Jaquith; Ryan Noel, Regional Special Agent in Charge, U.S. Fish and Wildlife Service, Office of Law Enforcement; and Bernard Rivers, Director of Law Enforcement, New York State Department of Environmental Conservation.

If convicted, Saiff faces up to 5 years in prison on each count, 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.

At the time of these offenses, Saiff was on probation for a previous misdemeanor conviction in federal court in Syracuse in 2017 for guiding illegal waterfowl hunts over bait. Saiff has been charged separately with violating the terms of his probation based upon this new criminal conduct.

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

This case is being investigated by U.S. Fish and Wildlife Service, Office of Law Enforcement, and the New York State Department of Environmental Conservation, Division of Law Enforcement, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Niles O’Neil, age 28, of Plattsburgh, New York, was sentenced today to 120 months in prison for possessing and intending to distribute crack cocaine.

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

As part of his plea on May 9, 2019, O’Neil admitted that he possessed approximately 40 grams of crack cocaine that he was intending to distribute on April 3, 2018.  Agents also found a digital scale, drug packaging, and cutting agents in his residence.

Chief United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release to begin after imprisonment.  O’Neil has been incarcerated since his arrest on April 3, 2018.

This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Douglas Collyer.