Northern District of New York
Press releases recorded for this federal judicial district.
Fugitive for Nearly 20 Years Returned to Syracuse to Serve Federal Prison SentenceRead the Press Release
SYRACUSE, NEW YORK – Julio Recio, age 51, a fugitive from justice and a citizen of the Dominican Republic, was extradited from Spain and transported in the custody of the United States Marshals Service to Syracuse, on November 21, 2019, to begin serving a 30‑month prison sentence imposed in 1999. The extradition came about after Recio pled guilty in 1999 to conspiracy to possess with intent to distribute cocaine, and then became a fugitive, announced United States Attorney Grant C. Jaquith and United States Marshal David McNulty.
In 1999, Recio and a co‑conspirator arranged for the transport of cocaine from New York City to Binghamton with the intent to distribute it there. He was arrested in Binghamton and charged by federal indictment. After Recio pled guilty to a drug conspiracy charge, Senior United States District Judge Thomas J. McAvoy sentenced him to a 30‑month term of imprisonment and ordered him to self-report to the United States Bureau of Prisons to serve his term of incarceration. Recio never surrendered to prison and instead fled the United States. He evaded law enforcement until the United States Marshals Service recently identified him traveling between the Dominican Republic and Spain under an assumed name. With the cooperation of the International Criminal Police Organization (INTERPOL) and local law enforcement authorities, Recio was apprehended in Spain in January 2019. Following extradition proceedings in Spain, Deputy United States Marshals transported Recio to Syracuse, from where he will be transferred to a federal prison.
United States Attorney Grant C. Jaquith said, “Mr. Recio ran from the law, but he could not hide forever. Thanks to the exceptional work of the United States Marshals Service and our law enforcement partners overseas, Mr. Recio’s overdue debt to society will now be paid as he finally serves his sentence. His case should highlight for fugitives everywhere that the long arm of the law is enduring, and we will enforce court orders and warrants around the globe, if necessary.”
United States Marshal David McNulty said, “Time and distance did not stop United States Marshals Service Investigators from catching this fugitive. I am very proud of them and their fine work on this case and thank all those law enforcement agencies from around the world who assisted us in returning Mr. Julio Recio to justice. This case is a great example of international cooperation and the long arm of the law at work in Syracuse New York.”
The drug case that led to the defendant’s 1999 conviction was prosecuted by Assistant United States Attorney Thomas P. Walsh (retired). The investigation that led to the international extradition of Julio Recio was conducted by the United States Marshals Service (Syracuse) and prosecuted by Assistant United States Attorney Carina H. Schoenberger.
Cohoes Man Sentenced for Conspiring to Steal Political Campaign ContributionsRead the Press Release
BINGHAMTON, NEW YORK – Ralph V. Signoracci, IV, age 44, of Cohoes, New York, was sentenced today to serve a one-year term of probation and 100 hours of community service after previously pleading guilty to conspiring with Cohoes Mayor Shawn Morse to defraud Morse’s supporters by stealing campaign contributions for Morse’s personal benefit.
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).
Signoracci, while a member of the City of Cohoes Common Council and then an Albany County Legislator, served as treasurer of a political committee called “Friends of Shawn Morse,” from approximately November 2013 through January 2019. He also served as treasurer of the political action committee “The Chairman’s PAC.”
In pleading guilty to wire fraud conspiracy, Signoracci admitted that he and Morse solicited and received contributions to the committees. Signoracci, at Morse’s direction, withdrew funds from the committees’ bank accounts so that Morse could use the funds to pay for his personal expenses, including vacations, entertaining, dining, and home repairs. Signoracci also admitted to illegally using contributions made to The Chairman’s PAC to directly benefit Morse’s 2015 mayoral campaign.
Signoracci admitted that on behalf of Morse, he concealed the nature of these expenditures by falsely reporting the purpose of the expenditures or by not reporting or disclosing them on campaign disclosure reports, as was required of local candidates for public office.
Morse pled guilty to wire fraud in August; his sentencing is scheduled for January 7, 2020 in Albany.
This case was investigated by the FBI, and was prosecuted by former Assistant U.S. Attorney Megan Kinsella Kistler and Assistant U.S. Attorney Dan Hanlon.
Saratoga Springs Man Sentenced to 88 Months for Receiving Child PornographyRead the Press Release
ALBANY, NEW YORK – Kyle Caton, age 31, of Saratoga Springs, New York, was sentenced today to 88 months in prison for receiving 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, Caton admitted that his offense involved more than 600 images depicting the sexual exploitation of children, including images of prepubescent children, toddlers, and images depicting sadistic or masochistic conduct. Caton also admitted to purchasing child pornography from an encrypted web site that is not accessible via ordinary online search engines.
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will begin after Caton is released from prison, and ordered him to pay $12,000 in restitution to child pornography victims. Caton will be required to register as a sex offender as a result of his conviction.
Caton was enlisted in the United States Navy prior to his arrest, and was discharged because of his crimes.
This case was investigated by HSI and prosecuted by Assistant United States Attorney Shira Hoffman 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.
Oneonta Man Admits Failing to Update Sex Offender RegistrationRead the Press Release
ALBANY, NEW YORK – Mark King, age 25, of Oneonta, New York, pled guilty yesterday to failing to update his sex offender registration, announced United States Attorney Grant C. Jaquith and United States Marshal David L. McNulty.
King pled guilty to violating the federal Sex Offender Registration and Notification Act (“SORNA”), which requires a convicted sex offender to register, and keep that registration current, wherever he or she resides. King admitted that he was previously convicted of attempted sexual abuse of a minor in Alaska, which required him to register as a sex offender for the rest of his life. King further admitted that he moved from Alaska to New York, sometime after he completed serving a 6-month term of incarceration that concluded on July 17, 2018. Since then, King admitted, he has failed to register as a sex offender in New York or update his registration to reflect his valid address and place of residence.
King faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced on March 11, 2020 by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by the United States Marshals Service, and was prosecuted by Assistant United States Attorney Sahar L. 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). 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.
Columbia County Man Sentenced to 78 Months on Child Pornography ConvictionsRead the Press Release
ALBANY, NEW YORK – James Brady, age 70, of Philmont, New York, was sentenced yesterday to 78 months in prison 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).
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will start after Brady is released from prison, and ordered him to pay $9,000 in restitution. As a result of his conviction, Brady will be required to register as a sex offender upon his release from prison.
The case was investigated by the New York State Police and the FBI, and was prosecuted by Assistant United States Attorney Sahar L. 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). 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.
Attorney General Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
ALBANY, NEW YORK- Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
United States Attorney for the Northern District of New York Grant C. Jaquith said, “No one should have to live in fear of being shot. Project Guardian extends and enhances our partnerships with local and state prosecutors and law enforcement agencies to share information and use our resources to target the most violent criminals and protect the public from gun violence.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees. Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level. For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download
Texas Man Charged with Obstruction of JusticeRead the Press Release
ALBANY, NEW YORK - Tyler C. King, age 30, of Dallas, Texas, was charged today with obstruction of justice for a scheme to falsify evidence during his recently concluded criminal trial.
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 a criminal complaint filed today, King obstructed justice by falsifying evidence for use in his federal criminal trial last week. The 5-day trial ended on November 8 with King being convicted of conspiracy to commit computer fraud, computer fraud, and aggravated identity theft in connection with his hacking of a New York-based technology company. According to today’s complaint, King created several false documents that he then sought to have his attorney use during the trial.
The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge filed against King carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
King will be sentenced on April 1, 2020 in connection with his trial convictions. He faces at least 2 years in prison.
This case is being investigated by the FBI, and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.
Jury Convicts Texas Man of Computer Fraud, Aggravated Identity TheftRead the Press Release
ALBANY, NEW YORK – A jury on Friday convicted Tyler C. King, age 30, of Dallas, Texas, of computer fraud and aggravated identity theft in connection with his hacking of a New York-based technology company.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The evidence at the 5-day trial established that King – the founder of a defunct Texas computer repair company – conspired with Ashley St. Andria in 2015 to gain access to the computer network of a New York-based technology company that employed St. Andria.
While on the company’s network, King and St. Andria created unauthorized administrator accounts that gave them access to proprietary company information, including real-time access to the emails of senior company executives, personnel files, and financial records. In response to the company shutting down the fake administrator accounts, King regained access to the network with the assistance of St. Andria, stole proprietary business records, and – through a series of sophisticated steps, including the use of password-cracking programs – bypassed the company’s security measures. In doing so, King illegally used the credentials of two company employees based overseas.
The jury convicted King of conspiring to commit computer fraud, computer fraud, and two counts of aggravated identity theft.
King faces at least 2 years and up to 19 years in prison, a term of post-imprisonment supervised release of up to 3 years, and a fine of up to $250,000, when Senior United States District Judge Thomas J. McAvoy sentences him on April 3, 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.
King’s co-conspirator, Ashley St. Andria, age 30, of Irving, Texas, pled guilty to computer fraud on August 15, 2018. St. Andria is scheduled to be sentenced on February 13, 2020 in Albany by Judge McAvoy.
This case was investigated by the FBI, and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.
Columbia County Man Sentenced to 37 Months for Heroin and Fentanyl DealingRead the Press Release
ALBANY, NEW YORK – Timothy J. Simpson, Jr., age 41, of Philmont, New York, was sentenced today to 37 months in prison, to be followed by 3 years of supervised release, for heroin and fentanyl trafficking in Columbia County.
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 Columbia County Sheriff David P. Bartlett.
In pleading guilty, Simpson admitted that between April 2017 and March 2018, he purchased heroin and fentanyl from a supplier residing in the Bronx, New York. Simpson and the supplier, Saul E. Pacheco, regularly met in the parking lot of a casino in Yonkers, New York. They met so that Pacheco could resupply Simpson with heroin and fentanyl – typically between 40 and 60 grams per meeting. After being supplied with heroin and fentanyl, Simpson drove back to Columbia County and sold the drugs to customers.
On March 22, 2018, Columbia County Sheriff’s Deputies stopped Simpson as he was driving on Route 9H in the Town of Claverack, Columbia County. Simpson was driving back from a meeting with Pacheco in Yonkers.
Deputies located two bags, each containing a powder substance, wrapped in black electrical tape, which Simpson had hidden above his car’s muffler. One bag contained approximately 56.1 grams of heroin. The other bag contained approximately 11.4 grams of fentanyl.
On September 10, 2019, Pacheco was sentenced to 5 years in prison for his role in the conspiracy.
This case was investigated by the DEA and the Columbia County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Syracuse Man Sentenced to 252 Days for Threatening to Kill VA EmployeesRead the Press Release
SYRACUSE, NEW YORK – Mark W. Sweeney, age 61, of Syracuse, was sentenced yesterday by United States District Judge David N. Hurd to 252 days in prison (time-served) for threatening to kill staff members employed at the Syracuse Veterans Affairs Hospital in Syracuse, announced United States Attorney Grant C. Jaquith and Chief Jon Godfrey, Veterans Affairs Police, Syracuse, New York.
As part of his previously entered guilty plea, Sweeney admitted that he made a telephone call to the Veterans Crisis Line and made threatening statements directed toward Veterans Affairs Hospital staff, including that he intended to kill several people who treated him and had a plan and the means to do so.
United States District Judge David N. Hurd also imposed a one-year term of supervised release and ordered the defendant not to have contact with the victims of his offense.
This case was investigated by the Veterans Affairs Police Department (Syracuse) and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
Former Prattsville Town Supervisor and Local Businessman Charged with FraudRead the Press Release
ALBANY, NEW YORK – An indictment unsealed today charges former Prattsville Town Supervisor Kory O’Hara, age 42, and Prattsville resident Stephen Baker, age 68, with fraud relating to grants extended to Prattsville in the wake of Hurricane Irene.
The announcement was made by:
- United States Attorney Grant C. Jaquith;
- New York State Comptroller Thomas P. DiNapoli;
- James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);
- John Tiano, Special Agent in Charge of the Detroit Field Office, Department of Homeland Security, Office of Inspector General (DHS-OIG); and
- Christina Scaringi, Special Agent in Charge, Housing and Urban Development, Office of Inspector General, Northeast Region (HUD-OIG).
The indictment charges O’Hara and Baker with conspiracy to commit wire fraud, wire fraud, and theft concerning a program receiving federal funds. O’Hara is also charged with bank fraud and making false statements in a loan application.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
In August 2011, Hurricane Irene caused significant damage to the Town of Prattsville, resulting in the issuance of millions of dollars in rehabilitation grants to Prattsville and its residents. As Town Supervisor, O’Hara entered into various grant agreements, including with the New York State Housing Trust Fund Corporation and the New York Department of State.
The indictment charges O’Hara and Baker with conspiring to fraudulently obtain grant funds.
According to the indictment, between 2013 and 2015, Baker provided O’Hara with false invoices from his Prattsville-based modular home business, Moore’s Homes, purporting to reflect construction work on O’Hara’s automotive garage, O’Hara’s Service Station, which Moore’s Homes did not perform. O’Hara issued checks to Moore’s Homes reflecting payment on the invoices, but Baker returned all of the money.
O’Hara, who was Town Supervisor at the time, then submitted the false invoices and fully reimbursed checks to Prattsville and the New York State Housing Trust Fund Corporation to fraudulently obtain $24,915 in grant proceeds under the New York Main Street Program.
The indictment further alleges that, between 2014 and 2016, O’Hara submitted the same false invoices and fully reimbursed checks to the New York Department of State and Office of the New York State Comptroller to fraudulently obtain grant proceeds for Prattsville under the Local Waterfront Revitalization Program. In addition, the indictment alleges that O’Hara submitted other false invoices to obtain grant proceeds from the New York State Electric and Gas Corporation, and submitted the same false invoices and made false representations to NBT Bank, N.A., in applying for a business loan in November 2012.
O’Hara and Baker appeared today in Albany before United States Magistrate Judge Daniel J. Stewart, and were released pending a trial scheduled before Senior United States District Judge Frederick J. Scullin, Jr.
This case is being investigated by the Office of the New York State Comptroller, Division of Investigation; FBI; DHS-OIG; and HUD-OIG, with assistance from the U.S. Commodity Futures Trading Commission Office of the Inspector General, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Former Postal Employee Indicted for Mail TheftRead the Press Release
ALBANY, NEW YORK – John R. Elbayeh, aka Jean Elbayeh, age 43, of Albany, was arraigned today on an indictment charging him with stealing iPhones and other valuable items from mailed packages.
The announcement was made by United States Attorney Grant C. Jaquith and Matthew Modafferi, Special Agent in Charge of the Northeast Area for the United States Postal Service (USPS), Office of the Inspector General (OIG).
Elbayeh worked as a lead mail processing clerk at the USPS Processing and Distribution Center in Albany, according to a criminal complaint also filed in the case. For approximately 2 years ending in December 2018, he stole valuable items from the mail, including iPhones, other phones, cash, coins, and jewelry, according to the complaint and indictment.
The charges in the indictment and complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Shortly after being interviewed by federal agents in December 2018, Elbayeh took a one-way flight to Beirut, Lebanon, and remained outside the United States until October 17, 2019. On that date, USPS-OIG Agents arrested him at Dulles International Airport, where Elbayeh had just arrived from a flight originating in Cairo, Egypt.
Elbayeh was arraigned today before United States Magistrate Judge Daniel J. Stewart, who ordered him detained pending trial.
If convicted, Elbayeh faces up to 5 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the USPS Office of the Inspector General, with assistance from the United States Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Alien Smuggler Arrested in AmsterdamRead the Press Release
ALBANY, NEW YORK – Anselmo Padron Martinez, age 47, a citizen of Mexico residing in Middletown, Virginia, was arrested Tuesday in Amsterdam, New York, during an effort to smuggle six Mexican citizens.
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).
According to the criminal complaints, Amsterdam Police stopped a Virginia-registered vehicle following a traffic infraction at 2:50 a.m. on November 5. Federal agents eventually responded and determined that the six passengers in the vehicle were illegal aliens from Mexico who had secretly entered the United States from Canada near Champlain, New York, mere hours prior to the vehicle stop.
Padron Martinez is charged with transporting aliens unlawfully present in the United States for the purpose of commercial advantage and private financial gain. He appeared before United States Magistrate Judge Daniel J. Stewart and was detained pending a detention hearing scheduled for November 8. Of the smuggled aliens, five were detained and appeared before Judge Stewart today on misdemeanor charges of entry without inspection. The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The charges filed against Padron Martinez carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a post-imprisonment 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.
These cases are being investigated by HSI, with assistance from ICE-Enforcement and Removal Operations, and are being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Amsterdam Man Indicted on Heroin and Fentanyl ChargesRead the Press Release
ALBANY, NEW YORK – Edwin Rodriguez, a/k/a “Chaka,” age 31, of Amsterdam, New York, was indicted on October 30 on charges that he distributed heroin mixed with fentanyl on two occasions, and possessed and intended 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.
According to the indictment, Rodriguez distributed heroin mixed with fentanyl on April 18, 2019 and May 3, 2019, both times in Amsterdam.
On May 15, 2019, according to the indictment and a previously filed criminal complaint, Rodriguez was the subject of a traffic stop in Amsterdam, and was found to be carrying, in his pants, more than 100 grams of heroin mixed with fentanyl. Also on May 15, according to the complaint, law enforcement executed a search warrant on Rodriguez’s Amsterdam residence, and found additional quantities of heroin and fentanyl, and packaging materials.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, 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. 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 the Amsterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Former Albany Attorney Sentenced to 68 Months for Defrauding Clients, Law FirmRead the Press Release
ALBANY, NEW YORK – Albert Hessberg III, age 64, a disbarred attorney residing in Slingerlands, New York, was sentenced today to 68 months in prison for stealing at least $2 million in the course of defrauding his former clients and law firm.
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.
Hessberg worked for 37 years in the Albany office of the law firm now known as Barclay Damon LLP (“Barclay”), practicing in the area of trusts and estates. The Syracuse-based law firm terminated Hessberg for cause in March 2018.
Starting in 2006 and continuing until his termination, Hessberg defrauded Barclay and law firm clients, by: stealing at least $2,060,803 entrusted to him as fiduciary and trustee for his clients; stealing funds from one client to replenish the account of another client from whom he had previously stolen; billing clients and receiving payments for legal services he did not perform; and stealing payments for legal services that should have been made to Barclay.
United States Attorney Grant C. Jaquith stated: “Today’s sentence holds Albert Hessberg accountable for a 12-year crime spree and a staggering amount of betrayal by an attorney. Hessberg did not care about his clients, their heirs, or his oath to faithfully discharge his obligations as an attorney when he stole $2 million. Lawyers must be held to society’s highest standards, and we will not waver in our efforts to hold them accountable when they commit serious crimes.”
FBI Special Agent in Charge James N. Hendricks stated: “Albert Hessberg spent 12 years deliberately stealing from his clients and lying to their families. He showed a despicable disregard for the very oath he took as an attorney and now he's facing the consequences. The FBI will continue to work with our partners to ensure this kind of malicious behavior is investigated and prosecuted.”
Hessberg pled guilty in May to 1 count each of wire fraud, mail fraud and filing a false tax return.
United States District Judge Mae A. D’Agostino also imposed a 2-year term of supervised release, and ordered Hessberg to pay $2,638,147.40 in restitution, and to forfeit $2,060,803.40 to the government. In sentencing Hessberg, she noted that he acted in a “ruthless and predatory fashion.”
In November 2018, the Appellate Division, Third Department suspended Hessberg from the practice of law, and followed with an order of disbarment in June 2019.
This case was investigated by the FBI and Internal Revenue Service-Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Research Scientist Admits Making False Statements in Connection with NIH GrantsRead the Press Release
ALBANY, NEW YORK – Gerwin Schalk, age 48, of Albany, pled guilty today to making false statements on conflict of interest certifications he submitted in connection with National Institutes of Health (NIH) grants.
The announcement was made by United States Attorney Grant C. Jaquith; New York State Inspector General Letizia Tagliafierro; and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (DHHS-OIG).
Schalk is a research scientist employed by the New York State Department of Health (DOH) in Albany, and serves as deputy director of the National Center for Adaptive Neurotechnologies.
In connection with applying for and receiving federal research grants, Schalk was required to disclose any financial conflicts of interests to DOH and its affiliate, Health Research, Inc. (“HRI”), or certify that no conflicts existed.
In pleading guilty, Schalk admitted that he knowingly and repeatedly lied about, and failed to disclose, payments he was receiving from a company whose products Schalk regularly purchased and used in connection with his research. Schalk admitted that the company paid him at least $70,000, from July 2013 to April 10, 2019, and that he signed at least 15 conflict of interest forms during that time, never once disclosing a payment from the company as he was required to do.
The company paying Schalk also billed HRI approximately $260,000 for sales of neurotechnology equipment to HRI, from 2012 through January 23, 2018, and was principally paid from federal grant money.
United States Attorney Grant C. Jaquith stated: “Gerwin Schalk specializes in cutting-edge neurology research, but he failed to honor some of his most basic obligations as a state employee and federal grant recipient. He lined his pockets with at least $70,000 in payments from a company whose products he used in his research, and then repeatedly lied about this brazen conflict of interest. His guilty plea demonstrates that even acclaimed researchers must follow the rules, and that we and our law enforcement partners are committed to safeguarding the integrity of federally funded research.”
“Dr. Schalk abused his high-profile state position by using public funds to purchase neurotechnololgy products from a company that was paying him a handsome sum on the side,” said New York State Inspector General Letizia Tagliafierro. “Through his elaborate scheme, he lied, failed to disclose conflicts of interest and ultimately broke the public’s trust. I applaud the U.S. Attorney’s Office for the Northern District for working to ensure he will no longer be able to unscrupulously enrich himself.”
“By not disclosing payments totaling $70,000, Schalk failed to uphold the integrity of taxpayer-funded government research,” said Scott J. Lampert, Special Agent in Charge for DHHS-OIG’s New York Region. “We will continue working with our federal and state law enforcement partners to protect research supported by these critically needed funds.”’
Schalk faces up to 5 years in prison, up to 3 years of post-imprisonment supervised release, and a maximum $250,000 fine, when he is sentenced by Senior United States District Judge Lawrence E. Kahn. 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.
Schalk has agreed to pay $70,000 in restitution: $49,000 payable to the State of New York and $21,000 payable to NIH. He has also agreed that within 60 days he will terminate his employment with the State of New York.
This case was investigated by the New York State Inspector General’s Office and the DHHS Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Registered Sex Offender Charged with Aggravated Sexual AbuseRead the Press Release
ALBANY, NEW YORK – Gary Ryan, age 48, of Clifton Park, New York, was indicted on October 16 and appeared today in court for his arraignment on charges of aggravated sexual abuse of a minor younger than 12 years old and transportation of minors with intent to engage in criminal 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).
Ryan, a registered sex offender, is charged with three counts of aggravated sexual abuse, each of which carries a sentence of at least 30 years in prison and up to life. Ryan is also charged with six counts of transportation with intent to engage in criminal sexual activity, each of which carries a sentence of at least 10 years in prison 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.
Ryan was arraigned today before United States Magistrate Judge Daniel J. Stewart, and detained pending a trial before United States District Judge Mae A. D’Agostino.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of the Colonie Police Department, Saratoga County Sheriff’s Office, and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Katherine Kopita.
Upstate New York Contractors Combine to Pay More than $1 Million to Resolve False Claims Act InvestigationRead the Press Release
SYRACUSE, NEW YORK – Upstate Construction Services, LLC (Upstate) and Structural Associates, Inc. (Structural) have agreed to pay more than $1 million in total to resolve allegations that they improperly obtained government contracts set-aside for companies qualified as historically underutilized business zone (HUBZone) firms, announced United States Attorney Grant C. Jaquith.
The United States occasionally utilizes government contracting to promote small businesses, including firms that qualify as HUBZone entities. To be eligible for these contracts, a firm must qualify as a small business, have its principal office located in a HUBZone, and have a certain percentage of employees live in a HUBZone.
The settlements resolve allegations that Upstate (which was a qualified HUBZone entity) and Structural (which was not) entered into a set of agreements – including two Silent Joint Venture Agreements – that were not disclosed to the government. The agreements enabled Upstate to obtain bonding on jobs that it otherwise would not have been able to obtain, and in exchange Structural (which could not have bid on the jobs itself or as part of a joint venture with Upstate) received approximately half of Upstate’s profits on government contracts worth millions of dollars.
United States Attorney Grant C. Jaquith said: “Openness and integrity are critical to the fair and effective implementation of federal contracting assistance programs, including programs designed to help small businesses from economically distressed communities. Secret agreements between firms to share profits on government contracts undermine the integrity of these programs, which we will continue to protect by persistently pursuing these cases with our investigative partners.”
“The settlement agreement announced today is the successful resolution of a joint investigation conducted by the Defense Criminal Investigative Service (DCIS), the U.S. Army Criminal Investigation Command and the U.S. Attorney’s Office, Northern District of New York,” stated Leigh-Alistair Barzey, Special Agent-in-Charge, DCIS Northeast Field Office. “The integrity of the U.S. Department of Defense procurement process is of vital importance and is a DCIS investigative priority. The DCIS will continue to work with its law enforcement partners to hold Defense Contractors accountable and ensure that quality products and services are provided to the U.S. military in compliance with contractual requirements.”
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the Defense Criminal Investigative Service, and the United States Army Criminal Investigation Command. The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.
Syracuse Man Sentenced to Nearly Four Years for Heroin and Fentanyl DistributionRead the Press Release
SYRACUSE, NEW YORK - Jondell Middlebrooks, age 39, of Syracuse, was sentenced today to serve 46 months in prison based on his guilty plea to the distribution, and possession with intent to distribute, heroin, fentanyl, and acetyl fentanyl, announced United States Attorney Grant C. Jaquith, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In imposing the sentence, Chief United States District Judge Glenn T. Suddaby also ordered Middlebrooks to serve three years of supervised release following his term of incarceration, and ordered Middlebrooks to forfeit to the United States a money judgment reflecting the proceeds of his illegal activity. As part of his guilty plea, Middlebrooks admitted to distributing drugs on the south side of Syracuse from February through December 2018.
This case was investigated by the U.S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Syracuse Police Department, Gang Violence Task Force, the New York State Police, and the Onondaga County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
New Hartford Accountant Sentenced to 12 Months for Failure to File Tax ReturnsRead the Press Release
SYRACUSE, NEW YORK – James Becker, age 53, of New Hartford, New York, was sentenced today to 12 months in prison, to be followed by 1 year of supervised release, for failing to file his personal income tax returns for the years 2012-2015. He also was ordered as part of the conditions of his supervised release to pay restitution to the Internal Revenue Service in the amount of $162,049.
The announcement was made by United States Attorney Grant C. Jaquith and Jonathan D. Larsen, Special Agent in Charge, New York Filed Office, IRS-Criminal Investigation.
James Becker, who operated Becker’s Accounting Services in Whitesboro, New York, pleaded guilty in June 2019 to four counts of failing to file his tax returns notwithstanding having gross income in excess of $100,000 in each of the tax years.
This case was investigated by the IRS-Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
Federal Felon Pleads Guilty to Firearm and Drug ChargesRead the Press Release
UTICA, NEW YORK – Sakena Kocer, age 32, of Schenectady, New York, pled guilty today to illegally possessing a .22 caliber pistol, and possessing and intending to distribute marijuana.
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 John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
As part of her plea, Kocer acknowledged that on December 19, 2014, while on supervised release and after serving a prison sentence for a prior federal drug trafficking offense, federal agents recovered a .22 caliber semi-automatic pistol and over 15 pounds of marijuana from various locations under her control. Kocer’s prior felony drug trafficking conviction prevented her from legally possessing a firearm.
Kocer faces up to 10 years in prison, a fine of up to $500,000, and a term of post-imprisonment supervised release of at least 4 years when she is sentenced on February 19, 2020 by United States District Judge David N. Hurd. 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, ATF, the U.S. Probation Office for the Northern District of New York, and the Schenectady Police Department. This case is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Cazenovia Man Sentenced to 45 Years for Sexually Exploiting a ChildRead the Press Release
SYRACUSE, NEW YORK – Naven Conley, age 75, of Cazenovia, New York, was sentenced today to serve 45 years in prison for sexually exploiting a child, announced United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of United States Homeland Security Investigations (HSI); and New York State Police Superintendent Keith Corlett.
As part of his guilty plea, Conley admitted that on three separate occasions he engaged in sexually explicit conduct with a minor who was under the age of 7, and produced videos capturing that conduct over the course of three years. Conley further admitted that from 2016 through 2018 he used a cellular telephone to record sex acts that he engaged in with the child. In addition, to that conduct, Conley also admitted that he possessed 21 images and 15 video files depicting child pornography that he received over the internet, and that he showed those images and videos to the child victim in his efforts to convince the child to engage in sex acts with him.
Chief United States District Judge Glenn T. Suddaby also imposed a lifetime term of supervised release, which will start after Conley is released from prison, and ordered a $300 special assessment. As a result of his conviction, Conley will be required to register as a sex offender upon his release from prison.
Conley’s case was investigated by the New York State Police, Troop D, Computer Crimes Unit and United States Homeland Security Investigations (HSI) and prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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.
Amsterdam Hospital to Pay Civil Penalty for Violations of the Controlled Substances ActRead the Press Release
ALBANY, NEW YORK – St. Mary’s Healthcare in Amsterdam, New York, agreed to pay a $15,000 penalty as a result of its Narcotic Treatment Program’s (NTP) failure to create and maintain records required by the Controlled Substances Act (CSA), announced United States Attorney Grant C. Jaquith.
In March 2019, Drug Enforcement Administration diversion investigators inspected St. Mary’s NTP and noted multiple recordkeeping violations. When St. Mary’s relocated its NTP in October 2018, the NTP failed to conduct the required initial inventory of methadone at the new location. Furthermore, the NTP omitted material information on multiple forms required by DEA, which are used to order and track controlled substances. The forms omitted information such as quantity of packages ordered, date the containers were received, and the correct supplier. The lack of an initial inventory, combined with incomplete forms, made it difficult to determine whether diversion was occurring at the NTP. Diversion occurs when controlled substances are transferred from legitimate distribution channels to illegitimate distribution channels. Since this matter was brought to its attention, St. Mary’s created a new position for a registered nurse to oversee controlled substance dispensing at the NTP and is implementing a policy to enhance its compliance with the CSA recordkeeping requirements.
“Reliable recordkeeping is a cornerstone of the safe distribution of prescribed drugs,” said United States Attorney Grant C. Jaquith. “This settlement demonstrates that medical facilities that do not accurately keep track of addictive drugs will be held accountable. I commend St. Mary’s for promptly taking responsibility and changing its practices to enhance its compliance with the Controlled Substances Act and encourage all medical facilities to examine their own practices and ensure they are in full compliance.”
This case was investigated by the DEA’s Diversion Unit in Latham, New York. The United States was represented by Assistant U.S. Attorney Christopher R. Moran.
Onondaga County Receives Nearly $250,000 in DOJ Funding to Address School SecurityRead the Press Release
SYRACUSE, NEW YORK – Today, the Department of Justice announced it has awarded more than $85.3 million to bolster school security—including funding to educate and train students and faculty—and support first responders who arrive on the scene of a school shooting or other violent incident.
“These federal resources will help to prevent school violence and give our students the support they need to learn, grow, and thrive,’ said Attorney General William P. Barr. “By training faculty, students and first responders, and by improving school security measures, we can make schools and their communities safer.”
“The safety of our schools is a critical public safety priority. These federal funds will help school districts in Onondaga County enhance their efforts to prevent school violence and address mental health crises effectively, with staff training and youth activities that will facilitate their focus on teaching and learning,” said United States Attorney for the Northern District of New York Grant C. Jaquith.”
The STOP School Violence Prevention and Mental Health Training Program included a grant of $249,989 in funding to prevent violence in Onondaga County schools. President Trump signed the STOP School Violence Act into law in March 2018, authorizing grants that are designed to improve threat assessments, train students and faculty to provide tips and leads, and prepare law enforcement officers and emergency professionals to respond to school shootings and other violent incidents. The grant programs are managed by OJP’s Bureau of Justice Assistance and the Justice Department’s Office of Community Oriented Policing Services.
The Bureau of Justice Assistance, within the Department’s Office of Justice Programs, and the Office of Community Oriented Policing Services manage the programs and administer the grants, which include funds to:
- Develop school threat assessment teams and pursue technological solutions to improve reporting of suspicious activity in and around schools;
- Implement or improve school safety measures, including coordination with law enforcement, as well as the use of metal detectors, locks, lighting and other deterrent measures;
- Train law enforcement to help deter student violence against others and themselves;
- Improve notification to first responders through implementation of technology that expedites emergency notifications;
- Develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
- Train school officials to intervene when mentally ill individuals threaten school safety; and
- Provide training and technical assistance to schools and other awardees in helping implement these programs.
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
About the Office of Community Oriented Policing Services:
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Troy Man Sentenced to 121 Months for Attempted Online Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Michael Varian, age 52, of Troy, New York, was sentenced on Wednesday to 121 months in prison, to be followed by 15 years of supervised release, for attempted online enticement of a minor.
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).
Varian, a school bus driver, admitted that he attempted to entice an individual, whom he believed to be a 14-year-old boy, to have sex. After weeks of exchanging sexually explicit text messages with undercover law enforcement officers posing as the boy, Varian arranged to meet the boy at a fast food restaurant in Albany County, where Varian was arrested.
In sentencing Varian, Senior United States District Judge Thomas J. McAvoy specifically found that Varian had previously engaged in a pattern of activity involving prohibited sexual conduct. This included an incident where Varian had a sexual encounter with a minor boy in the public bathroom of an Albany County mall, which Varian admitted as part of his guilty plea.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department. The case was prosecuted by Assistant United States Attorney Joshua R. Rosenthal.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Saratoga County Man Pleads Guilty to Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK - Robert Gibeault, Jr., age 50, of Gansevoort, New York, pled guilty today to three counts of distribution of child pornography, and one count of possession of 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, Gibeault admitted to using file-sharing program BitTorrent to distribute child pornography to other BitTorrent users from May 2017 through September 2017. His laptop computer contained approximately 400 video files and 100 image files depicting child pornography. These included files that Gibeault had previously distributed over the BitTorrent network.
Sentencing is scheduled for February 11, 2020.
Gibeault, who is detained pending sentencing, 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 Gibeault 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 HSI, with assistance from the New York State Police and Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
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.
Saint Regis Mohawk Tribe Awarded over $1.3 Million in DOJ FundingRead the Press Release
WASHINGTON – The Department of Justice announced today that it has awarded over $273.4 million in grants to improve public safety, serve victims of crime, combat violence against women and support youth programs in American Indian and Alaska Native communities.
“Violent crime and domestic abuse in American Indian and Alaska Native communities remain at unacceptably high levels, and they demand a response that is both clear and comprehensive,” said Attorney General William P. Barr. “We will continue to work closely with our tribal partners to guarantee they have the resources they need to curb violence and bring healing to the victims most profoundly affected by it.”
The Saint Regis Mohawk Tribe in the Northern District of New York was awarded $1,320,514 in funding, comprised of a Justice Systems and Alcohol and Substance Abuse award of $420,574 from the Bureau of Justice Assistance and a Violence Against Women Tribal Governments Program award of $899,940 from the Office of Violence Against Women.
“We are proud to be part of the effort to ensure that Saint Regis Mohawk Tribe has the resources needed for important youth programs and their work to prevent violence and help victims find hope and healing,” said United States Attorney Grant C. Jaquith. “We look forward to continuing our longstanding partnership to promote public safety and justice for all there.”
The Saint Regis Mohawk Council issued a statement saying, “The Saint Regis Mohawk Tribe extends its appreciation for the financial support from our partnering agencies to enhance public safety measures that prevent and protect female survivors of criminal acts, as well as to educate and engage our youth through programming designed to assist our community in healing from traumatic events.”
Nationwide, 236 grants were awarded to 149 American Indian tribes, Alaska Native villages and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs. Of the $118 million awarded via CTAS, just over $62.6 million comes from the Office of Justice Programs, about $33.1 million from the Office on Violence Against Women and more than $23.2 million from the Office of Community Oriented Policing Services. A portion of the funding will support tribal youth mentoring and intervention services, help native communities implement requirements of the Sex Offender Registration and Notification Act, and provide training and technical assistance to tribal communities. Another $5.5 million was funded by OJP’s Bureau of Justice Assistance to provide training and technical assistance to CTAS awardees.
The Department also announced awards and other programming totaling $167.2 million in a set-aside program to serve victims of crime. The awards are intended to help tribes develop, expand and improve services to victims by supporting programming and technical assistance. About $25.6 million of these awards were awarded under CTAS and are included in the $118 million detailed above.
CTAS funding helps tribes develop and strengthen their justice systems’ response to crime, while expanding services to meet their communities’ public safety needs. The awards cover 10 purpose areas: public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; violent crime reduction; and tribal youth programs.
The Department also provided $6.1 million to help tribes to comply with federal law on sex offender registration and notification, $1.7 million in separate funding to assist tribal youth and nearly $500,000 to support tribal research on missing and murdered indigenous women and children and other public safety-related topics.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
A listing of today’s announced CTAS awards is available at: https://www.justice.gov/tribal/awards. A listing of all other announced tribal awards are available at: https://go.usa.gov/xVJuE.
North Carolina Woman Pleads Guilty to Running Tax Refund Scam in SyracuseRead the Press Release
UTICA, NEW YORK – Lathisa Smokes, age 36, of Charlotte, North Carolina, pled guilty today to filing false tax returns, and assisting others in preparing false tax returns, which caused the IRS to issue fraudulent refunds exceeding $100,000.
The announcement was made by United States Attorney Grant C. Jaquith, and Special Agent in Charge Jonathan D. Larsen, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
In pleading guilty, Smokes admitted that from January 2013 to March 2014, she falsely represented herself as a licensed tax preparer, and told taxpayers in Syracuse that she could obtain refunds for them by filing their individual federal tax returns. Smokes convinced the taxpayers to supply her with their dates of birth, social security numbers, addresses, and other information for themselves and their minor dependents. Smokes then prepared and filed 21 returns that she knew contained false information relating to the taxpayers’ income, withholding, and eligibility for certain tax credits. The false returns caused the IRS to transfer $102,918 in fraudulent refunds to the taxpayers and Smokes. The IRS has recovered the majority of the money.
Smokes will be sentenced on February 13, 2020, by United States District Judge David N. Hurd in Utica.
Smokes faces a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by IRS-CI and is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
New York City Man Sentenced to 70 Months for Trafficking Drugs in PlattsburghRead the Press Release
ALBANY, NEW YORK – Stephen D. Jacques-Scott, age 33, of New York City, was sentenced today to 70 months in prison, to be followed by 4 years of supervised release, for trafficking fentanyl and crack cocaine in Plattsburgh.
The announcement was made by United States Attorney Grant C. Jaquith; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; and New York State Police Superintendent Keith Corlett.
In May 2017, Jacques-Scott travelled to Plattsburgh several times to distribute crack cocaine and fentanyl to another person for sale in Plattsburgh. On May 18, 2017, Jacques-Scott agreed to pay Shatoya Lee $300 to transport him to Plattsburgh to distribute more crack cocaine. While northbound on I-87 to Plattsburgh, Lee was pulled over by the New York State Police. During a consensual pat-down of Jacques-Scott, a Trooper found approximately 27.9 grams of crack cocaine that Jacques-Scott intended to distribute.
Lee was sentenced on June 3, 2019 to time served (7 months in jail) and 3 years of supervised release for her involvement in the May 18 crime.
This case was investigated by DEA and the New York State Police, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Former New York Business Owner Pleads Guilty to Tax FraudRead the Press Release
A former Auburn, New York, business owner pleaded guilty today in federal court in Syracuse to filing a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and United States Attorney Grant C. Jaquith for the Northern District of New York.
As alleged in court documents, Timothy Blackman, 48, was a self-employed contractor providing construction and remodeling services to customers. During the years 2007 through 2010, Blackman failed to file income tax returns with the Internal Revenue Service (IRS) and failed to pay income taxes. After learning of an IRS criminal investigation in June 2010 concerning his income taxes, Blackman filed his 2007 individual tax return late, and willfully falsified that return by understating his true business receipts and total income from his construction and remodeling business. Blackman previously pleaded guilty to felony tax evasion in the Northern District of New York on March 19, 2004, for which he received a sentence of 15 months’ imprisonment.
Senior United States District Court Judge Norman A. Mordue scheduled sentencing for Feb. 17, 2020. The charge to which Blackman pleaded guilty carries a maximum sentence of three years in prison, one year of supervised release, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by IRS-Criminal Investigation, and it is being prosecuted by Assistant Chief John Kane and Trial Attorney Kathryn Sparks of the Tax Division, and Assistant U.S. Attorney Michael F. Perry.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Former Auburn Business Owner Pleads Guilty to Tax FraudRead the Press Release
WASHINGTON – A former Auburn, New York, business owner pled guilty today in federal court in Syracuse to filing a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and United States Attorney Grant C. Jaquith.
Timothy Blackman, age 48, was a self-employed contractor providing construction and remodeling services to customers. During the years 2007 through 2010, Blackman failed to file income tax returns with the Internal Revenue Service (IRS) and failed to pay income taxes. After learning of an IRS criminal investigation in June 2010 concerning his income taxes, Blackman filed his 2007 individual tax return late, and willfully falsified that return by understating his true business receipts and total income from his construction and remodeling business. Blackman previously pled guilty to felony tax evasion in the Northern District of New York on March 19, 2004, for which he received a sentence of 15 months’ imprisonment.
Senior United States District Judge Norman A. Mordue scheduled sentencing for February 17, 2020. The charge to which Blackman pled guilty carries a maximum sentence of 3 years in prison, 1 year of supervised release, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by IRS-Criminal Investigation, and it is being prosecuted by Assistant Chief John Kane and Trial Attorney Kathryn Sparks of the Tax Division, and Assistant U.S. Attorney Michael F. Perry.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Dewitt Man Pleads Guilty to Attempted Coercion and Enticement of a Child and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Derek Indivero, age 27, of Dewitt, New York, pled guilty today to one count of attempted coercion and enticement of a child and one count of possession of child pornography, announced United States Attorney Grant C. Jaquith, Special Agent-in-Charge James N. Hendricks of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett.
In entering his guilty plea today in United States District Court, Indivero admitted that in February of 2018 he began communicating with a middle school student using the Snapchat online messaging application. Over the messaging application Indivero offered the student $50 in exchange for sexual contact. Indivero then met with the minor, engaged in the sexual contact, and paid the child $49.
Later that same month, law enforcement officials took over the middle school student’s Snapchat identity and, posing as the child, continued messaging Indivero. During the course of a Snapchat conversation, Indivero offered to pay the child $50 in exchange for oral sexual conduct, and then drove to a location to meet with the child for that purpose. Instead of finding the child, Indivero encountered law enforcement officials, and was arrested.
As part of his guilty plea, Indivero also admitted that he possessed images of child pornography that he obtained from the Internet using his cellular telephone. A search of his cellular telephone revealed that he possessed 37 videos depicting child pornography.
Sentencing is scheduled for February 20, 2020, in Syracuse, New York. Indivero faces a mandatory minimum of ten years, and up to life imprisonment for attempted coercion and enticement of the middle school student, and up to 20 years of imprisonment for possession of the child pornography he obtained from the Internet. Sentences of imprisonment may be concurrent or consecutive at the discretion of the Court. The Court must also impose a term of supervised release of between five (5) years and life, and Indivero will be required to register as a sex offender.
This case is being investigated by the Federal Bureau of Investigation (FBI) and the New York State Police in coordination with the Onondaga County Sheriff’s Office and the Onondaga County District Attorney’s Office. The case is being 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.
Syracuse Man Sentenced to 78 Months for RICO Conviction Relating to 110 GangRead the Press Release
SYRACUSE, NEW YORK – Damani Prince, age 26, of Syracuse, was sentenced today to 78 months in prison based on his guilty plea for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced 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), and Chief Kenton Buckner, City of Syracuse Police Department. In imposing sentence, Senior United States District Judge Frederick J. Scullin, Jr. also ordered Prince to serve a three-year term of supervised release following his release from imprisonment.
As part of his earlier guilty plea, Prince admitted that he was a member of the 110 Gang operating in the City of Syracuse, and had distributed crack cocaine and possessed a firearm in connection with his membership in the gang. Prince was one of 14 defendants indicted for violating RICO based on their membership in the 110 Gang. The other 13 men have all pled guilty or been convicted at trial, and are awaiting sentencing.
This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Bronx Narcotics Supplier Pleads Guilty to Conspiring to Distribute a Kilogram of Heroin in SchenectadyRead the Press Release
ALBANY, NEW YORK – Jean Carlos Rivera-Perez, aka “Tego,” age 37, of the Bronx, New York, pled guilty today to conspiring to traffic a kilogram or more of heroin in Schenectady.
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 M. Corlett.
In pleading guilty, Rivera-Perez admitted to being a member of a drug-trafficking organization that distributed a kilogram or more of heroin in Schenectady between 2017 and December 20, 2018. Rivera-Perez was the organization’s supplier and, through a courier, regularly delivered hundreds of grams of heroin from the Bronx to Schenectady, receiving thousands of dollars in return. The heroin was then sold in personal-use amounts in and around Schenectady by other members of the organization.
Rivera-Perez was one of nine people indicted earlier this year as part of law enforcement’s dismantling of the heroin distribution ring. Six defendants, including Rivera-Perez, have pled guilty; the others are presumed innocent unless and until proven guilty.
Rivera-Perez faces at least 10 years and up life in prison, a term of supervised release of at least 5 years and up to life, and a maximum fine of $10 million when he is sentenced on February 18, 2020, by United States District Judge Mae A. D’Agostino. 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, the New York State Police, the U.S. Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Amsterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Ellenville Man Pleads Guilty to Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Iqwan Mandiville, age 26, of Ellenville, New York, pled guilty today to his involvement in a drug trafficking organization in Ulster County that was dismantled and indicted in March 2019.
The announcement was made by United States Attorney Grant C. Jaquith; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (HSI), New York; Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT); Ulster County District Attorney Holley Carnright; New York State Police Superintendent Keith M. Corlett; and Village of Ellenville Police Chief Philip Mattracion.
Mandiville admitted that between May and December 2018, in cooperation with co-conspirators, he sold at least 112 grams of crack cocaine on behalf of the organization in various locations around Ellenville.
Mandiville faces at least 5 years and up to 40 years in prison, a term of supervised release of at least 4 years and up to life, and a maximum fine of $5 million. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors
The following defendants have also pled guilty in connection with the conspiracy, and face the following penalties:
Name
Age
Minimum
Maximum
Luis Curet
34
5 years
40 years
Edwin Jorge
46
None
20 years
Randy Mandiville, aka “B-Murda”
30
None
20 years
The following defendants still face charges in this case, and face the following penalties:
Name
Age
Minimum
Maximum
Antonio Naveo, aka “Gratto,” aka “Green Eyes”
38
10 years
Life
Margaret Vandyke
56
10 years
Life
Jennifer McCombs, aka
“Jennifer Marks”49
5 years
40 years
Naveo is also charged with unlawful possession of a Mossberg shotgun as a felon.
The charges against these defendants are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by HSI, the Ulster County Sheriff’s Office in conjunction with URGENT, an inter-agency taskforce targeting drug dealers and gang members in Ulster County, and the New York State Police, with assistance from the Village of Ellenville Police and the Ulster County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
Massachusetts Man Sentenced to 136 Months for Attempted Online Enticement of a MinorRead the Press Release
ALBANY, NEW YORK - Joseph Defilippi, age 55, of Chicopee, Massachusetts, was sentenced today to 136 months in prison, to be followed by 20 years of supervised release, for attempted online enticement of a minor.
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 in June 2019, Defilippi admitted that between about February 2018 and August 10, 2018, he exchanged multiple online communications with an undercover officer posing as a 13-year old boy. Defilippi further admitted that his online communications were intended to persuade, induce, entice and coerce the boy into meeting with him for the purpose of engaging in sexual acts, and that on the morning of August 10, 2018, he traveled to a park in Menands, New York, in an effort to meet the child.
In sentencing Defilippi, Senior United States District Judge Thomas J. McAvoy specifically found that Defilippi had previously engaged in a pattern of activity involving prohibited sexual conduct, which included Defilippi’s having sexual contact with at least one boy.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department. The case was prosecuted by Assistant U.S. Attorneys Rick Belliss and Joshua R. Rosenthal.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jamaican Citizen Sentenced to 46 Months for Defrauding Elderly Albany CoupleRead the Press Release
ALBANY, NEW YORK – Kevin R. Palmer, age 37, a Jamaican citizen residing in Suwanee, Georgia, was sentenced today to 46 months in prison for stealing more than $320,000 from an elderly Albany couple in a mail-based prize scam.
The announcement was made by United States Attorney Grant C. Jaquith and Joseph Cronin, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division.
In March 2019, Palmer pled guilty to 1 count of mail fraud conspiracy and 12 counts of mail fraud. He admitted that in 2017, an elderly couple residing in Albany County was contacted through the mail and by telephone, and was told that they needed to send money in order to obtain an inheritance and tax refund, and claim lottery and sweepstakes prize money.
As instructed, the husband and wife mailed bank checks to addresses in Georgia, including Palmer’s address. They mailed a total of 12 checks; 10 of these checks were payable to Palmer, and all 12 were deposited into bank accounts for which Palmer was a signatory. Palmer admitted that his role in the fraudulent scheme was to receive checks sent by the couple, deposit them, and distribute the proceeds (totaling $321,342) among the participants to the scheme. At sentencing, he admitted to keeping 10 to 15 percent of the fraud proceeds for himself, and sending the remainder to co-conspirators overseas.
Palmer also admitted that in 2010, while residing in New York City, he committed a similar scam, fraudulently obtaining money from victims who were led to falsely believe they had won the lottery or a sweepstakes. Palmer pled guilty to a misdemeanor in Queens County Criminal Court and served a 90-day jail sentence.
In sentencing Palmer, Judge D’Agostino specifically found that he preyed upon vulnerable victims, and knew or reasonably should have known that they were vulnerable. “You are the worst kind of defendant in my eyes,” she told Palmer, because he had been imprisoned for committing a scheme to defraud in 2010, but was undeterred and went on to participate in the 2017 scam.
Judge D’Agostino ordered Palmer to pay restitution in the amount of $321,342. Additionally, as a result of his guilty plea, Palmer’s lawful status in the United States may be revoked, and he may be removed to Jamaica.
This case was investigated by the United States Postal Inspection Service, with assistance from the Georgia Bureau of Investigation, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Fraudsters routinely use the U.S. Mail to falsely inform victims that they have to pay “fees” or “taxes” in order to receive a tax refund, lottery or sweepstakes prize, or inheritance. These scams often target the elderly. To learn how to detect and avoid these scams, please visit the web site of the Federal Trade Commission, at https://www.consumer.ftc.gov/articles/0199-prize-scams.
Onondaga County Man Pleads Guilty to Sexual Exploitation ChargeRead the Press Release
SYRACUSE, NEW YORK – Martin Nicholson, age 32, of Geddes, New York, pled guilty today before Senior United States District Judge Hon. Thomas J. McAvoy to Willfully Causing the Sexual Exploitation of a Child, 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).
As a part of his plea, Nicholson, a former local high school local track coach, admitted that sometime between 2012 and 2015 he threatened to cut off a relationship he was then having with a minor unless that minor produced and sent him sexually explicit images of another child, who was under the age of 14. Nicholson further admitted that he received the requested images, and sent them to other users over the Internet.
The images produced at Nicholson’s direction were recovered from his residence following a search warrant executed there in 2018 after Nicholson was discovered trading other child pornography over Twitter.
Nicholson faces a mandatory minimum sentence of 15 years, and a maximum sentence of 30 years in federal prison when he is sentence on February 25, 2020. He will also be required to serve a term of supervised release of no less than 5 years, and up to life upon completion of his term of incarceration, may be required to pay a fine of up to $250,000, and will be required to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency and the New York State Police as a part of the Mid-State Child Exploitation Task Force, assisted by the Wallie Howard Jr. Center for Forensic Sciences, and is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Cortland County Woman Pleads Guilty to Sexually Exploiting a ChildRead the Press Release
SYRACUSE, NEW YORK – Brittany Berry, age 25, of Cortland, New York, pled guilty today to one count of conspiracy to sexually exploit a child and five counts of sexual exploitation of a child, 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).
As part of her guilty plea, Berry admitted that she conspired with Lawrence Berry (whose charges are still pending) to sexually exploit a 3-year-old minor child in August and September of 2018 and that she engaged in sexual exploitation of that child on five different occasions. Berry further admitted that she transmitted images of the sexual abuse of the child to Lawrence Berry over livestream and by sending Lawrence Berry a video and images of the abuse.
Sentencing is scheduled for February 6, 2020 in Utica before United States District Judge David N. Hurd. Berry faces a minimum sentence of 15 years and up to 30 years in prison on each of the six counts of conviction. She also will be required to spend at least 5 years and up to a lifetime term on post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FBI and the City of Cortland Police Department, and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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
110 Gang Syracuse RICO Trial Ends in ConvictionRead the Press Release
SYRACUSE, NEW YORK – Following an eight-day trial, a federal jury in Syracuse convicted Anthony Hopper, age 32, of Syracuse, of violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced 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); and Syracuse Police Chief Kenton Buckner. The RICO conviction included a finding that Hopper was guilty of a murder. The jury acquitted on another murder allegation contained in the RICO indictment and on a charge of discharge of a firearm during a crime of violence. The other 13 men charged in the same indictment as Hopper have all pled guilty and are awaiting sentencing.
During the trial, jurors heard testimony from members of the 110 Gang and others about the 110 Gang’s robberies, drug trafficking, and illegal possession of firearms. They also heard from witnesses who described how the 110 Gang retaliated against other gangs for shootings and murders.
“No one should have to live in a neighborhood controlled by thugs,” said U.S. Attorney Grant Jaquith. “Thanks to the dedicated work of the Syracuse Police Department, the FBI, and law enforcement agencies in Onondaga County, another 110 Gang member will now be held responsible for killing a person in our community. We will never waver in our resolve to prosecute violent gang members.”
Syracuse Police Chief Kenton Buckner, said, “The Syracuse Police Department would like to thank United States Attorney Grant C. Jaquith for his partnership in the indictment of 14 men, members and known associates of the “110” Gang, on Racketeering charges. The convictions of these individuals culminates the efforts of our local, state and federal partners. This is another example of how working together is beneficial to our entire community. We look forward to continuing in this partnership.”
“Anthony Hopper chose to terrorize his community through violence and fear on behalf of the 110 Gang, and now he will face the consequences of those actions,” said James Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). “The FBI and our partners will continue to aggressively pursue gangs wherever they surface and are committed to making Syracuse and the surrounding communities a safe place for our citizens.”
Sentencing is scheduled for June 16, 2020 in Syracuse before Senior United States District Judge Frederick J. Scullin, Jr. Hopper faces a maximum sentence of life imprisonment, based upon the jury’s finding that he was guilty of committing a murder. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Warren County Man Charged with Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Terry Lajeunesse, age 48, of Pottersville, New York, was arrested yesterday and charged by criminal complaint with 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).
According to a criminal complaint, Lajeunesse possessed multiple images of child pornography on his cell phone. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
Lajeunesse appeared yesterday before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.
If convicted, Lajeunesse faces at least 10 years and up to 20 years in prison, as well as 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 is being investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
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/
Seven Indicted in Connection with Gas Station Skimming SchemeRead the Press Release
ALBANY, NEW YORK – Seven people have been indicted for a scheme in which they stole and used credit and debit card numbers of gas station customers in Albany, Broome and Montgomery Counties.
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); and Inspector in Charge Joseph Cronin, Boston Division, United States Postal Inspection Service (USPIS).
The three defendants arrested to date are:
- Joan Jesus Manso Dieguez, age 33, of Miami, Florida, charged with conspiracy to commit access device fraud and money laundering;
- Atnetys Ferreira, age 40, of Miami, charged with conspiracy to commit money laundering; and
- Hugo Hernandez, age 32, of Miami Lakes, Florida, charged with conspiracy to commit access device fraud and money laundering.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
According to the indictment, from April 2016 through approximately December 2018, defendants conspired to build and install gas station skimming devices and install those devices inside gas pumps in Albany, Broome, and Montgomery Counties, so that they could steal credit and debit card data of gas station customers who used the “pay at the pump” function to purchase gasoline.
The defendants then used that data to create fraudulent debit and credit cards, which they or co-conspirators used to obtain money orders, gift cards, cash, and other merchandise. The indictment also alleges that five of the defendants conspired to engage in financial transactions with money orders and gift cards obtained through the scheme that were designed to conceal the source of the stolen funds, and obtain cash or transfer the value of the gift cards, using gift card exchange websites, to bank accounts controlled by the members of the conspiracy.
If convicted, Dieguez, Ferreira, and Hernandez each face up to 20 years in prison, and a fine of up to $500,000 or twice the value of the property involved in the money laundering conspiracy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and USPIS, and is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.
Glens Falls Man Pleads Guilty to Bank RobberyRead the Press Release
ALBANY, NEW YORK – Nelson L. Gouge, age 47, of Glens Falls, New York, pled guilty today to bank robbery as his jury trial was set to begin.
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); and Warren County Sheriff Nathan “Bud” York.
As part of his plea, Gouge admitted that on January 12, 2018, at approximately 1 p.m., he walked into the Trustco Bank branch on Route 9L in Lake George, New York, after attempting to conceal his face by use of a neck warmer. Gouge went to a line where a bank employee was standing, put a hard, black case on the counter and handed the employee a note that read, “I Have a weapon this is a robbery Just put all the money in the bag think about you and your employees + friends.” The bank employee did not have a drawer of money at her station, so she went to another station and took money out of the drawer. The employee turned back to her station where the defendant was holding a bag. The employee put money in the bag and Gouge left with $4,301.
The Warren County Sheriff’s Department quickly identified Gouge as a suspect and arrested him that night in South Glens Falls, New York.
Gouge faces up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when he is sentenced by United States District Judge Mae A. D’Agostino on February 7, 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 Warren County Sheriff’s Department, New York State Police, Warren County District Attorney’s Office, and the FBI, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Oneida County Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – John Angwin, age 29, of Holland Patent, New York, pled guilty today to distributing and possessing child pornography, announced 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.
In entering his guilty plea today in United States District Court, 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. Execution of search warrants on Angwin’s iPhones revealed that 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 sexual exploitation of prepubescent children.
Chief United States District Judge Glenn T. Suddaby will sentence Angwin on February 6, 2020. He faces at least 5 years and up to 20 years in prison for the distribution charge and up to 20 years in prison on the possession charge, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. Angwin will also be required to register as a sex offender.
This case is being investigated by HSI Syracuse with assistance from the New York State Police Computer Crimes Unit, and the Oneida County Sheriff’s Office, and is being 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.
Johnstown Man Sentenced to 60 Months on Heroin and Fentanyl ConvictionRead the Press Release
ALBANY, NEW YORK – Victor M. Diaz, age 30, of Johnstown, New York, was sentenced today to 60 months in prison, to be followed by 4 years of supervised release, for possessing and intending to distribute more than 100 grams of heroin mixed with fentanyl.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and City of Amsterdam Police Chief Gregory J. Culick.
On March 7, 2019, DEA agents and other law enforcement officers executed a federal warrant at Diaz’s Johnstown residence. They found him home, alone, and sitting near a suitcase containing 1,740 small glassine bags. The bags contained a total of approximately 89 grams of heroin mixed with fentanyl. Additionally, law enforcement found, in a plastic container, an additional 53.5 grams of heroin mixed with fentanyl. In pleading guilty, Diaz admitted that he intended to sell these drugs.
This case was investigated by the DEA and the Amsterdam Police Department, with assistance from the New York State Police and the Gloversville Police Department, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Driver Pleads Guilty to Transporting Illegal AliensRead the Press Release
SYRACUSE, NEW YORK – Jaswinder Singh, age 30, of Philadelphia, Pennsylvania, pleaded guilty today in federal court in Utica to knowingly transporting illegal aliens within the United States for the purpose of financial gain, announced United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
In pleading guilty, Singh, who worked as a driver for a ridesharing company, admitted that on May 20, 2019, he picked up two aliens who had recently crossed into the United States from Canada illegally a few miles from the border in St. Lawrence County. The aliens paid Singh $2,200 after he picked them up. Singh also admitted that he transported several other aliens in exchange for money between January 1, 2019 and May 20, 2019.
The charge to which Singh pled guilty today carries a maximum sentence of 10 years in prison, a fine of up to $250,000, a term of supervised release of up to 3 years, a special assessment of $5,100, and forfeiture of the $2,200 Singh was paid. 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.
Singh will be sentenced on February 13, 2020, by United States District Judge David N. Hurd.
This case is being investigated by the United States Border Patrol, and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Columbia County Sex Offender Sentenced to 35 Years for Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – John G. Stroming, age 60, of Stuyvesant, New York, was sentenced today to 35 years in prison for sexually exploiting a child and possessing child pornography.
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); and New York State Police Superintendent Keith M. Corlett.
Senior United States District Judge Norman A. Mordue ordered that Stroming’s sentence run consecutive to a state term of imprisonment Stroming is serving. Today’s federal sentence should begin in 2027, when Stroming’s state sentence is scheduled to end.
Stroming was convicted in May 2019 following a 2-day jury trial. The evidence at trial showed that Stroming videotaped himself sexually abusing a 19-month-old and that he also possessed child pornography involving other children. At the time of the crimes, Stroming was required to register as a sex offender. He has sex offense convictions including for rape in the second degree (2011) and promoting an obscene sexual performance by a child (1999).
This case was investigated by the New York State Police and the FBI, and was prosecuted by Assistant U.S. Attorneys Katherine Kopita and Shira C. Hoffman.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Three Fort Drum Soldiers Charged in Gun Shop Burglary InvestigationRead the Press Release
SYRACUSE, NEW YORK – Rian Patterson, age 22, Devin Diggs, age 20, and Tyrease Kimmons, age 20, U.S. Army soldiers stationed at Fort Drum, New York, appeared in federal court yesterday on a criminal complaint charging them in connection the burglaries of two North Country federally licensed firearms dealers, announced United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The criminal complaint charges Patterson and Diggs with stealing firearms from federally licensed firearms dealers and conspiring to do so. Tyrease Kimmons is charged with the knowing receipt of stolen firearms. The criminal complaint further alleges that 10 firearms (5 pistols, 3 rifles, 2 shotguns) were taken during burglaries on September 14, 2019, in Gouvernuer, N.Y., and September 29, 2019, in De Kalb Junction, N.Y.
Patterson and Diggs are stationed at Fort Drum, N.Y, where they reside. Kimmons is a resident of Evans Mills, N.Y., and is also stationed at Fort Drum.
If convicted of the charges set forth in the complaint, the defendants face up to 10 years in prison, a maximum fine of up $250,000, and up to 3 years of supervised release. The defendants are currently held in custody without bail pending a detention hearing.
The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the ATF, 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.
Repeat Albany Sex Offender Sentenced to 139 MonthsRead the Press Release
ALBANY, NEW YORK – Terry L. Shellenberger, age 50, of Albany, was sentenced today to 129 months in prison for child pornography possession, and an additional 10 months in prison for supervised release violations, announced United States Attorney Grant C. Jaquith.
Senior United States District Judge Lawrence E. Kahn also imposed a 25-year term of supervised release, to begin once Shellenberger is released from prison. Shellenberger must also register as a sex offender.
In pleading guilty, Shellenberger admitted that on July 21, 2018, while on supervised release for a prior federal felony, he was in possession of a phone that he used to download child pornography videos from the internet. Shellenberger had not previously informed Probation Officers that he had the phone, as he was required to do. Probation Officers found it during an unannounced home visit.
Shellenberger has prior federal convictions for child pornography possession (2006) and failure to register as a sex offender (2017).
This case was investigated by the United States Probation Office for the Northern District of New York, and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Michael Barnett.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Hudson Man Admits to Role in Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Julan Morrison, a/k/a “Weez,” age 38, of Hudson, New York, pled guilty on Monday to conspiring to distribute and possess with intent to distribute more than 280 grams of crack cocaine between August and December 2017.
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.
Morrison is the last of five defendants indicted in February 2018 to plead guilty in connection with the Hudson-based crack cocaine distribution ring. Morrison faces at least 10 years and up to life in prison, a term of supervised release of between 5 years and life, and a fine of up to $10 million when he is sentenced on February 11, 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.
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. The defendant admitted that the organization sold at least 464 grams of crack cocaine between August and December 2017.
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.