Northern District of New York

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.

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.

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.

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.

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. 

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.

 

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.

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.

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.

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.

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.

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.

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.

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, 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.

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. 

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.

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.

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. 

 

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.

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

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.

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/

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.

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.

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.

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.

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.

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.

 

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.

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.

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.

SYRACUSE, NEW YORK - Gary Hallinan, 61, of Oswego, New York, was sentenced yesterday to 2 years of probation and a $1,000 fine after previously pleading guilty in federal court in Syracuse to negligently discharging wastewater from the City of Oswego Wastewater Treatment Plant into Lake Ontario in violation of the Clean Water Act on three dates between March 2015 and June 2015, announced Grant C. Jaquith, United States Attorney; Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York; and Bernard Rivers, Director of Law Enforcement, New York State Department of Environmental Conservation (DEC).

Hallinan admitted when he pled guilty that in December 2014, while he was the Superintendent of the Oswego Wastewater Treatment Plant, the plant’s centrifuge, an essential piece of equipment to process wastewater and remove untreated or improperly treated sewage, stopped operating. As a result, the plant could no longer properly remove sewage from its wastewater. Over the next five months, Hallinan, as the superintendent of the plant, failed to take action to remove sewage from the plant’s wastewater or to report the broken centrifuge to the New York State Department of Environmental Conservation. As a result of the defendant’s negligence, the Oswego Wastewater Treatment Plant discharged wastewater containing solid sewage in violation of its permit under the Clean Water Act. These discharges took place on March 1, 2015; June 19, 2015; and June 23, 2015. The concentration of solid matter in the water discharged into Lake Ontario on June 23, 2015, was approximately 60 times higher than allowed by the plant’s permit.

United States Magistrate Judge David E. Peebles imposed the sentence, which included an order directing Hallinan to perform 200 hours of community service.

This case was investigated by the United States EPA-CID, the New York State DEC, Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit (BECI), and it was prosecuted by Assistant United States Attorney Michael F. Perry.

ALBANY, NEW YORK – Darrell Chapman, a/k/a “Bishop,” a/k/a “Sly Foxx,” age 39, of Rensselaer, New York, pled guilty today to narcotics and gun offenses.

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

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

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

In pleading guilty, Chapman agreed to be sentenced to 262 months in prison, to be followed by 5 years of supervised release.  Senior United States District Judge Fredrick J. Scullin Jr. will sentence him on June 10, 2020. 

This case was investigated by the New York State Police and the FBI, with assistance from the Albany County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck. 

 

SYRACUSE, NEW YORK – Brock Likens, age 34, of Greene, New York, was sentenced today to 78 months in prison for distributing, receiving 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.

As part of his guilty plea, Likens admitted that he knowingly received and distributed child pornography over the internet using peer-to-peer file sharing software. An undercover law enforcement officer downloaded 87 child pornography video files from Likens’ computer that he had made available to share with others.  A subsequent search of Likens’ house revealed that he possessed, on electronic devices, 31 video files and 24 image files that depicted child pornography.  The images and videos included depictions of the rape and sodomy of prepubescent children and toddlers.

Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will start after Likens is released from prison, and ordered him to pay $6,000 in restitution. As a result of his conviction, Likens will be required to register as a sex offender upon his release from prison.

This case was investigated by the New York State Police Computer Crimes Unit, Colonie Police Department, and the FBI.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

This case was prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). 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.

BINGHAMTON, NEW YORK - Andrew N. LaVigne, age 66, of Lansing, New York, was sentenced today in federal court in Binghamton to serve 87 months in prison for bankruptcy fraud, mail fraud, and money laundering, announced United States Attorney Grant C. Jaquith, James Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Jonathan D. Larsen, Special Agent in Charge of the Internal Revenue Service, Criminal Investigations (IRS-CI), New York Field Division.

Senior United States District Judge Thomas J. McAvoy also ordered LaVigne to pay over $3.6 million in restitution to his victims.

LaVigne, a Certified Public Accountant (“CPA”) who practiced in the Ithaca, New York area for more than 30 years, filed for personal bankruptcy in 2004.  At the time, he owed approximately $7.6 million to over 80 unsecured creditors following a failed scheme to use their money to purchase sports and entertainment memorabilia for resale.  During the course of LaVigne’s years‑long bankruptcy proceedings, he claimed that his only asset was his home. He paid back no money to his 80 investors.  In pleading guilty, LaVigne admitted that during his bankruptcy he used his CPA practice’s bank accounts to conceal between $3.5 and $9.5 million in assets from the United States Bankruptcy Court and the Office of the United States Trustee.  LaVigne laundered money by depositing funds unrelated to his CPA practice into his business accounts and then using that money for his own benefit and that of his family, including buying himself sports memorabilia and writing checks to himself totaling tens of thousands of dollars that were never disclosed in his bankruptcy proceeding.

In pleading guilty, LaVigne also admitted to defrauding an elderly client in a $4.6 million mail fraud scheme.  Between 2014 and 2016, LaVigne convinced the elderly victim to pay $3.6 million for shares of a company that LaVigne created, which LaVigne claimed would develop a piece of waterfront property on Pier Road in Ithaca.  After the victim bought 90% of the company, LaVigne obtained an additional $1 million from her, purportedly as a further investment in the company.  LaVigne did not use the $1 million to invest in the company, and he never developed the property.  Instead, he used the victim’s money for his own purposes, including writing checks to himself, paying for the construction of a house for a family member, and funding payroll for his CPA practice.  LaVigne also laundered payments he received from this scheme through his CPA practice accounts.

United States Attorney Grant C. Jaquith said, “Bankruptcy is intended to give honest debtors a fresh start.  Andrew LaVigne is not that honest debtor.  He abused the bankruptcy process for his own gain and attempted to leave his creditors with nothing while he hid and spent millions of dollars.  Mr. LaVigne’s crimes did not stop there – he lied to an elderly client and defrauded her  of millions of dollars that he spent on himself, his family, and his business.  Mr. LaVigne’s frauds cost his victims dearly, and I am grateful to our partners at the IRS, the FBI, and the Office of the United States Trustee for helping to bring him to justice.”

“The FBI takes our responsibility to investigate and pursue those who commit fraud for personal gain very seriously,” said James N. Hendricks, Special Agent in Charge of the Federal Bureau of Investigation's (FBI) Albany Field Office. “We will continue working with our law enforcement partners to hold accountable those who use illegal means and criminal behavior to take advantage of others.”

“IRS Criminal Investigation uses financial investigative expertise to pursue those individuals who engage in corruption as demonstrated in this case by Mr. LaVigne.” said Jonathan D. Larsen, IRS Special Agent in Charge of the New York Field Office, “Money laundering and fraud constitutes a serious threat to our communities and to the integrity of our financial system; today’s sentence is an example of how the FBI and the IRS work together to make a formidable team as we prosecute the offenders.” 

This case was investigated by the Internal Revenue Service, Criminal Investigation (IRS-CI) and the Federal Bureau of Investigation (FBI), following a referral from the Office of the United States Trustee for the Northern District of New York.  It was prosecuted by Assistant U.S. Attorneys Carina H. Schoenberger and Michael F. Perry.

ALBANY, NEW YORK – Marvin Danilo Aquino a/k/a Marvin Padilla, age 23, of Amsterdam, New York, was sentenced today to serve 25 months in prison for making a false statement in a passport application and aggravated identity theft.

The announcement was made by United States Attorney Grant C. Jaquith and Timothy Dumas, Special Agent in Charge of the New York Field Office of the United States Department of State’s Diplomatic Security Service.

As part of his guilty plea on April 19, 2019, Aquino admitted that in October 2017, he visited a U.S. Post Office in Gloversville, New York, and filled out an application for a U.S. passport, which he then submitted with a picture of himself.  On his application, however, Aquino listed the name, social security number, birthdate, and other identifying information of another person who had not authorized Aquino to file the application.  In support of the application, Aquino also submitted numerous documents containing the same third party’s identifying information.   

This case was investigated by the U.S. Department of State’s Diplomatic Security Service with assistance from the Social Security Administration Office of the Inspector General.  It was prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

SYRACUSE, NEW YORK – Joseph Williams, 30, of Watertown, New York, pled guilty today to distributing, receiving and possessing child pornography, announced United States Attorney Grant C. Jaquith, James N. Hendricks, Special Agent-in-Charge of the Albany Division 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, Williams, admitted that he used the Kik Messenger application to distribute and receive child pornography from other Kik users from January 2016 through June 2016.  Williams used his iPhone to trade images of child pornography via the internet.  Execution of search warrants on Williams’ desktop and laptop computers revealed that he possessed 4,875 images and 2,052 video files depicting minors engaged in sexually explicit conduct. The images and videos included depictions of the rape and sodomy of prepubescent children and toddlers.

Senior United States District Judge Thomas J. McAvoy will sentence Williams on January 2, 2020.  He faces at least 5 years and up to 20 years in prison for the distribution and receipt charges 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. Williams will also 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, 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.

ALBANY, NEW YORK – Jose Guadalupe Flores-Ayala, age 50, and a citizen of Mexico, was sentenced today to time served (1 month in prison) for illegally re-entering the United States.

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

Flores-Ayala has been arrested six times for being illegally present in the United States. 

On August 24, 2019, he was encountered and arrested by an ICE Officer in Ballston Spa, New York.  A fingerprint check of Flores-Ayala resulted in the discovery of the prior arrests and removals from the United States. 

Following his sentencing, Flores-Ayala was remanded to the custody of the Department of Homeland Security, for removal proceedings.

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

ALBANY, NEW YORK – Luis Curet, age 34, of Ellenville, New York, pled guilty today to his involvement in a drug trafficking organization that operated in Ulster County. 

The announcement was made by United States Attorney Grant C. Jaquith; Angel M. Melendez, 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.

Curet admitted that between November and December 2018, he operated a stash house, and assisted in the distribution of crack cocaine and heroin laced with fentanyl to street dealers on behalf of the organization. 

Curet 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

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

Iqwan Mandiville, aka “Qwan”

26

5 years

40 years

Jennifer McCombs, aka “Jennifer Marks”

49

5 years

40 years

Naveo is also charged with unlawful possession of a Mossberg shotgun as a previously convicted 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.

 

ALBANY, NEW YORK – Michael T. Mann, age 49, of Saratoga County, New York, appeared in federal court today on a criminal complaint charging him with committing a $70 million bank fraud.

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

According to the complaint (copy attached), Mann fraudulently obtained at least $70 million in loans from banks and other financial institutions.  He created companies that had no purpose other than to be used in the fraud; fraudulently represented to banks and financing companies that his fake businesses had certain receivables that they did not have; and obtained loans and lines of credit by borrowing against these non-existent receivables.  Mann began the fraudulent scheme in 2010 or 2011.

Mann operates MyPayrollHr, based in Clifton Park, New York. 

Until this month, MyPayrollHR processed payroll and tax payments for approximately 1,000 small-business clients located across the country. 

On September 5, 2019, MyPayrollHR suddenly ceased operations after Mann’s banks froze his accounts, suspecting him of fraud.  This account freeze affected MyPayrollHR’s clients because, as part of the fraudulent scheme, Mann diverted clients’ payroll payments to a bank account he controlled.

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

Mann appeared today before United States Magistrate Judge Daniel J. Stewart.  Mann was released on a financial bond and with pretrial supervision conditions.

If convicted of the charge set forth in the complaint, Mann faces up to 30 years in prison, a maximum $1 million fine, and up to 5 years of post-release supervision.  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, with assistance from the New York State Attorney General’s Office, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck.

The FBI continues to seek information from people and businesses who may have suffered financial loss due to the alleged activities of Mann, MyPayroll, and affiliated companies.  Information can be sent to the FBI by filling out a form on the FBI’s web site, available at https://forms.fbi.gov/seeking-victim-information-in-mypayrollhr-investigation.

ALBANY, NEW YORK – Jay Scott Cloutier, age 56, of Lyman, Maine, was charged today with attempting to entice and coerce a minor into committing criminal sex acts and traveling in interstate commerce for the purpose of meeting a minor for sex.

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

According to a criminal complaint, Cloutier used a social networking and online dating application, text messages and phone calls to attempt to entice and coerce an individual whom he believed to be a 14- or 15-year-old boy to engage in various sexual acts with him, and he traveled from Maine to Colonie, New York, with the motivating purpose of engaging in such sexual acts with the boy.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Cloutier appeared today in Albany before United States Magistrate Judge Daniel J. Stewart, and was detained pending further proceedings.

If convicted, Cloutier faces a mandatory minimum of 10 years and up to life in prison on the enticement charge and up to 30 years in prison on the traveler charge, a fine of up to $250,000, per charge, and a term of post-imprisonment supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

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

ALBANY, NEW YORK – Jacob Ebel, age 32, of Niverville, New York, pled guilty today to drug conspiracy and possession charges, and admitted that he distributed heroin and fentanyl to two people who took these drugs and then died in Columbia County in July 2016.  He agreed to be sentenced to 18 years in prison.

The announcement was made by United States Attorney Grant C. Jaquith; New York State Police Superintendent Keith M. Corlett; and Columbia County Sheriff David P. Bartlett.

United States Attorney Grant C. Jaquith stated: “Jacob Ebel was a merchant of death whose heroin and fentanyl killed two people in less than three weeks.  Thanks to the quick and thorough work of our law enforcement partners, Ebel is being held responsible for his crimes and the pain and suffering he inflicted on two families.  We will continue to pursue those who peddle this poison, while also maintaining our robust education and outreach efforts aimed at turning the tide of opiate addiction.”

State Police Superintendent Keith M. Corlett stated: “I commend our members at Troop K and our law enforcement partners for bringing this perpetrator to justice. Jacob Ebel had absolutely no regard for his victims, instead selling them a dangerous and deadly mix of illegal drugs just to make a profit. We have absolutely no tolerance for those who destroy lives, families and communities for their own personal gain.”

Columbia County Sheriff David Bartlett stated: “There should be zero tolerance for those who peddle poison on our streets. These dealers are killers and we will continue to work with our federal and state law enforcement partners to bring them to justice for their heinous behavior. I thank the U.S. Attorney’s Office, U.S. Drug Enforcement Administration, New York State Police, Columbia County District Attorney Paul Czajka and members of the Columbia County Sheriff’s Office who all worked collaboratively to deliver justice in this case.”

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

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

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

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

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

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

In his plea agreement, Ebel agreed to be sentenced to 216 months, or 18 years, in prison, to be followed by 3 years of supervised release.  United States District Judge Mae A. D’Agostino will decide whether to accept or reject the recommended sentence on or before the January 8, 2019 sentencing date.  If Judge D’Agostino does not agree with an 18-year sentence, Ebel would be allowed to withdraw his plea and the case would proceed to trial.

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

ALBANY, NEW YORK – Jerome Lauzon, age 45, of Gansevoort, New York, was sentenced today to 1 year of probation for misappropriating more than $17,000 from a federally funded program.

The announcement was made by United States Attorney Grant C. Jaquith; Douglas Shoemaker, Special Agent in Charge of the Northeast Regional Office of the United States Department of Transportation, Office of Inspector General (USDOT-OIG); New York State Inspector General Letizia Tagliafierro; and Robert L. Keihm, Chief Investigator for the New York State Department of Transportation (NYSDOT) Investigations Bureau.

Lauzon, formerly an employee of the NYSDOT, was the Engineer in Charge of a $10.5 million road reconstruction project in Washington County, New York, from 2012 to 2017.  The Federal Highway Administration, a USDOT agency, provided 80 percent of the funding for the contract. 

In pleading guilty, Lauzon admitted that employees of the project contractor purchased more than $17,000 in goods and services for Lauzon’s personal use, and Lauzon unlawfully reimbursed the contractor for these purchases using project funds.  These goods and services included more than $2,500 worth of repairs to Lauzon’s personal car, a home entertainment surround sound system, a laptop computer, a computer monitor, a printer, lumber for a treehouse, a paint sprayer, a lawnmower, a snowblower, and a power washer. Lauzon previously paid restitution to New York State as part of a related case brought in Albany City Court.

This case was investigated by USDOT-OIG, NYSDOT’s Investigations Bureau, and the Office of the New York State Inspector General, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Saul E. Pacheco, age 37, of the Bronx, New York, was sentenced today to 60 months in prison, to be followed by 4 years of supervised release, for conspiring with another person to distribute more than 100 grams of heroin 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, Pacheco admitted to supplying heroin to Timothy J. Simpson Jr., a Columbia County drug dealer, from at least April 2017 through March 2018.  Pacheco was arrested on April 4, 2018, while attempting to meet Simpson in the parking lot of a casino in Yonkers, Westchester County.  In the parking lot, DEA Special Agents located a plastic bag containing approximately 68 grams of heroin, which Pacheco had discarded once he noticed agents approaching him. 

Simpson has pled guilty to drug conspiracy and possession charges, and is scheduled to be sentenced on October 16, 2019. 

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

Pacheco has also pled guilty to an unrelated charge of conspiring to distribute more than 40 grams of fentanyl, in a case investigated by the DEA and prosecuted by the United States Attorney’s Office for the Southern District of New York.  Pacheco will be sentenced to at least 5 years in prison in that case as well. 

ALBANY, NEW YORK – Juan A. Torres, age 36, of Albany, was sentenced today to 37 months in prison, to be followed by 3 years of supervised release, for unlawfully possessing a firearm and ammunition as a felon. 

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).

In pleading guilty, Torres admitted that on July 13, 2018, he sold a Kel-Tec 9 millimeter pistol, and four rounds of Luger ammunition, to another person in Rotterdam, New York.  Torres had two felony convictions at the time, including a felony drug conviction for which he was sentenced to probation just weeks prior to selling the firearm on July 13, 2018.

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Bruce Williams, age 38, was sentenced today to 240 months in prison for distributing and receiving child pornography.

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

As part of his guilty plea, Williams admitted that he knowingly received and distributed child pornography over the internet using peer-to-peer file sharing software.  A search warrant executed at Williams’s house revealed that he possessed, on electronic devices, 122 video files and 400 image files that depicted child pornography.

Senior United States District Judge Thomas J. McAvoy also imposed a life term of supervised release, which will start after Williams is released from prison, and ordered a payment of $5,000 in restitution to child pornography victims. As a result of his conviction, Williams will be required to register as a sex offender upon his release from prison.

This case was investigated by the New York State Police-Computer Crimes Unit, Colonie Police Department, Rensselaer Police Department, and the FBI.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

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

 

ALBANY, NEW YORK – Kenneth J. Monahan, age 44, of Menands, New York, pled guilty today to one count of distribution of child pornography, one count of receipt of child pornography, and two counts of possession of child pornography.

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

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

Sentencing is scheduled for January 6, 2020 in Albany, before Senior United States District Judge Thomas J. McAvoy.  Monahan faces a minimum of 5 years and up to 20 years in prison.  The Court is also required to impose a term of supervised release of between 5 years and life, and Monahan will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

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

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

SYRACUSE, NEW YORK –Augustine Sneh, age 31, a Liberian citizen living in Philadelphia, Pennsylvania, was sentenced today to time served (11 months in jail), after being convicted at trial of making a false statement and making a false claim of United States citizenship.

The announcement was made by United States Attorney Grant C. Jaquith and Steven Bronson, Area Port Director, United States Custom and Border Protection (CBP).

Sneh was convicted following a 2-day trial in May 2019.  Trial evidence showed that on October 16, 2018, Sneh was denied admission into Canada at the Saint Bernard de LaColle, Quebec Port of Entry.  Due to the Canadian refusal, Sneh was required to report to the Champlain Port of Entry in New York.  During immigration inspection at the Champlain Port of Entry, Sneh stated that he was a United States citizen born in Philadelphia.  Trial evidence showed that Sneh is an alien, a citizen of Liberia, born in Liberia, and that he is not a United States citizen.  Evidence showed that Sneh entered the United States in 2000.  Sneh has resided in the United States since 2000 and he is the subject of a pending removal order, issued by an Immigration Judge in February 2012.  

Following his sentencing, Sneh was remanded to the custody of the Department of Homeland Security, for removal proceedings.  

This case was investigated by CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Charles Guyer, age 60, of Johnstown, New York, was sentenced today to 240 months in prison, for distributing and receiving child pornography. 

The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office; and New York State Police Superintendent Keith M. Corlett.

At the time of the offenses, Guyer was a registered sex offender with New York State, having been previously convicted of sexually abusing a child in Montgomery County in 1996.

As part of his guilty plea on May 13, 2019, Guyer admitted to using two laptop computers equipped with peer-to-peer file-sharing software to download and distribute child pornography between December 2017 and April 2018.  Guyer has been in federal custody since his arrest on April 24, 2018.  

Senior United States District Judge Thomas J. McAvoy also imposed a 20-year term of supervised release, to be served upon completion of Guyer’s prison sentence.

This case was investigated by HSI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.

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