Northern District of New York
Press releases recorded for this federal judicial district.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Fidel Herrera-Cruz, age 40, and a citizen of Mexico, was sentenced today to 5 months in jail for illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Herrera-Cruz admitted that he is a citizen of Mexico, and that he was removed from the United States to Mexico on April 10, 2018 and again on October 28, 2018. On each occasion, Herrera-Cruz had been arrested by immigration authorities along the southwest border after he entered the United States without inspection from Mexico.
On February 24, 2019, Herrera-Cruz was arrested by a Border Patrol Agent as part of a group of five people who had illegally entered the United States from Canada by walking across the border approximately 4 miles east of the Fort Covington Port of Entry. A fingerprint check of Herrera-Cruz resulted in the discovery of the prior removals.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Baltimore Man Sentenced for Running IRS Tax Refund Scheme in Central New YorkRead the Press Release
SYRACUSE, NEW YORK – Arkmallah Hilliard, age 38, of Baltimore, Maryland, was sentenced today to serve 5 years in prison, to be followed by 3 years of post-imprisonment supervised release, and ordered to pay $943,597.00 in restitution to the IRS, after previously pleading guilty to conspiring to defraud the United States. The announcement was made by United States Attorney Grant C. Jaquith, Special Agent in Charge Jonathan D. Larsen, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office, and Special Agent in Charge Leigh-Alistair Barzey, Defense Criminal Investigative Service (DCIS), Northeast Field Office.
Hilliard previously pled guilty to conspiring with former Utica resident Anas Wilson and others to defraud the IRS by filing false and fraudulent income tax returns in the names of various individuals and obtaining tax refunds to which they were not entitled. Hilliard used his own bank accounts and others he controlled that were opened by co-conspirators to receive the tax refunds, after which Hilliard and others withdrew, spent, and transferred the money for their own purposes. The conspiracy netted Hilliard, Anas Wilson, and others a total of more than $900,000.00 in tax refunds from the IRS based on their filing of over 400 fraudulent income tax returns. Anas Wilson previously pled guilty to similar charges in federal court in Syracuse and is currently serving a 12-year prison sentence.
Senior United States District Judge Frederick J. Scullin, Jr. presided over the case and sentenced both Hilliard and Wilson.
This case was investigated by Internal Revenue Service-Criminal Investigation (IRS-CI) and the Defense Criminal Investigative Service (DCIS), and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Syracuse Man Pleads Guilty to Sophisticated Investment Fraud SchemesRead the Press Release
SYRACUSE, NEW YORK – Donald M. Geiss, Jr., age 43, of Syracuse, pled guilty today to four counts of wire fraud and two counts of aggravated identity theft in relation to various schemes to defraud victims in New York, Pennsylvania, Wisconsin, Illinois, and California, 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).
In pleading guilty, Geiss admitted that between approximately August 2016 through August 2017 he defrauded an individual (“Victim 1”) out of a total of $141,000 after fraudulently convincing Victim 1 that he (Geiss) was a private equity investor seeking to make investments in Central New York. In doing so, Geiss used the alias, “Dom.” In June 2017, Geiss defrauded another individual (“Victim 2”) out of approximately $6,500 after fraudulently convincing Victim 2 to enter into a sales contract for heavy equipment belonging to Victim 1’s company that Geiss purported to have the authority to sell (without Victim 1’s knowledge). In August and September 2017, Geiss defrauded a third individual (Victim 3) out of $3,000 by convincing Victim 3 that he (Geiss) was in the final stages of negotiating the sale of a computer algorithm to a well-known multinational finance and insurance corporation in New York (the “Insurance Company”). As part of this fraud on Victim 3, Geiss forged e-mail messages and text messages from individuals (Victims 4 and 5) who actually worked for the Insurance Company but who had no knowledge of Geiss or his actions. These forged electronic communications formed the basis of the aggravated identity theft charges. Based on Geiss’s assurances, including the forged electronic communications purportedly from Victims 4 and 5, Victim 3 sent $3,000 by wire to Victim 2 and $5,000 by wire to Victim 1, believing that paying them would facilitate the supposed transaction with the Insurance Company. In reality, Geiss had no pending deal with the Insurance Company and had Victim 3 make the payments in an attempt to keep Victim 1 and Victim 2 from realizing they had been defrauded.
Separate and apart from the schemes described above, Geiss also pled guilty today to defrauding people he met through the internet. As part of this guilty plea, Geiss admitted that he used the online alias, “Dominic LaRossa,” to convince people that he was an airline pilot. Geiss, acting as the supposed “LaRossa,” collected more than $5,000 from victims he met online in exchange for fake and fraudulent “discount” airline tickets, which did not exist. Geiss also defrauded several victims out of money in relation to an online video game platform, including convincing one individual (Victim 6) to purchase several online video game profiles from other people. Relying on Geiss’s fraudulent assertions, Victim 6 paid a total of approximately $13,300 to purchase online video game profiles created by others, and Geiss never reimbursed, and never intended to reimburse, Victim 6.
Geiss will be sentenced on October 11, 2019, by Senior United States District Judge Norman A. Mordue. The aggravated identity theft charges to which Geiss pled guilty carry a mandatory sentence of 2 years in prison consecutive to any other prison sentence, and the wire fraud charges filed against Geiss carry a maximum sentence of up to 20 years in prison for each count of conviction. At sentencing, Geiss also faces a fine of up to $1.5 million, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. In his plea agreement, the defendant agreed to submit to money judgments totaling over $153,000, and to pay restitution to his victims.
Geiss was on federal probation related to a prior conviction when he committed the crimes for which he pled guilty today, and a separate petition charging Geiss with violating the terms of his probation has been filed by United States Probation and Pretrial Services. With respect to the probation violation petition, the defendant is presumed innocent until proven guilty. If the defendant is found to have violated the terms of his probation, he faces up to two additional years in prison. The probation violation petition is also pending before Senior Judge Mordue.
This case was investigated by the FBI, and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
New Jersey Man Pleads Guilty to Shipping Heroin to PlattsburghRead the Press Release
SYRACUSE, NEW YORK – Keith M. Moses, age 31, of Paterson, New Jersey, pled guilty today to conspiring to distribute 100 grams or more of heroin.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; Joseph Cronin, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division; and Plattsburgh City Police Chief Levi J. Ritter.
Moses admitted that between December 1, 2017 and September 5, 2018, he supplied approximately 455 grams of heroin for distribution in Plattsburgh. On approximately 65 occasions, Moses sent heroin through the U.S. Mail from New Jersey to a co-conspirator in Plattsburgh. Each of these packages contained, on average, 4.6 grams of heroin. Additionally, Moses transported larger supplies of heroin on at least three occasions from New Jersey to the co-conspirator in Ulster County, New York. Each of these packages contained, on average, 23 grams of heroin. On approximately 20 occasions, the co-conspirator travelled to New Jersey to meet with Moses and receive heroin. Each of these packages contained, on average, 4.6 grams of heroin. The co-conspirator distributed the heroin in the Plattsburgh area and returned a portion of the drug proceeds to Moses.
Moses faces at least 5 years and up to 40 years in prison, and a fine of up to $5 million, when he is sentenced by Senior United States District Judge Frederick J. Scullin, Jr. on October 15, 2019. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the DEA, the United States Postal Inspection Service, and the Plattsburgh City Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Clifton Park Woman Sentenced to 21 Months for Bank EmbezzlementRead the Press Release
ALBANY, NEW YORK – Caitlin Kenney, age 33, of Clifton Park, New York, was sentenced today to 21 months in prison for embezzlement by a bank employee.
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.
In pleading guilty, Kenney admitted to embezzling a total of $483,784.83 from KeyBank, N.A., branches in Queensbury and Malta, New York, between September 2013 and February 2017. Kenney, who worked as a head teller for KeyBank, transferred cash from KeyBank’s vaults to unused cashboxes and then stole the money. In an effort conceal her theft, Kenney made false entries in KeyBank’s electronic accounting system. Kenney spent the stolen money on clothes, cocaine and vacations, among other things.
Senior United States District Judge Thomas J. McAvoy also sentenced Kenney to 2 years of supervised release, to begin following her term of imprisonment. She is required to pay $483,784.83 in restitution to KeyBank.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Nassau Pharmacist to Pay $100,000 for Submitting False Claims to Medicare and MedicaidRead the Press Release
ALBANY, NEW YORK – United States Attorney Grant C. Jaquith and New York State Attorney General Letitia James announced today that Cathy Grossman, the owner and pharmacist-in-charge of Nassau Pharmacy, Inc., will pay $100,000 to resolve allegations that she and Nassau Pharmacy violated the federal and New York False Claims Acts by billing the federal and state governments for prescription drugs that Grossman and her staff never dispensed.
“When pharmacists submit false claims to Medicare and Medicaid, hard-working taxpayers foot the bill,” said United States Attorney Jaquith. “We will continue to protect the public fisc and the integrity of our health care programs by holding health care professionals responsible when they line their pockets improperly.”
“Fraudulently billing Medicare and Medicaid for personal gain is both illegal and immoral,” said Attorney General Letitia James. “Not only did Cathy Grossman steal from government programs intended to support vulnerable populations, but she saddled taxpayers with the bills of this dishonest activity. We will continue to work to root out Medicaid fraud throughout New York State.”
As part of today’s settlement, Grossman admitted that, from March 2010 through March 2017, she submitted or caused others to submit false claims for payment to Medicare and Medicaid for prescription drugs that she and the staff at Nassau Pharmacy never dispensed. In some instances, she billed Medicare and Medicaid for drugs that patients never ordered or never picked up from Nassau Pharmacy. In other instances, Grossman billed the government for brand name drugs but dispensed to her patients less expensive generic alternatives.
“Health care professionals must be held to a high standard of ethical behavior,” said Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (“HHS-OIG”). “Along with our law enforcement partners, HHS-OIG will continue to ensure that those individuals and entities that bill federal health care programs do so in an honest manner.”
This investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, known as “relators,” to file civil actions on behalf of the government and share in any recovery. The relator in this case will receive $22,000 of the settlement proceeds. The case is docketed with the U.S. District Court for the Northern District of New York under number 1:16-cv-1338.
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the New York State Attorney General’s Office, HHS-OIG, and the Federal Bureau of Investigation. The United States was represented by Assistant U.S. Attorney Adam J. Katz and New York State was represented by Special Assistant Attorney General Jill D. Brenner.
Johnstown Man Pleads Guilty to Heroin and Fentanyl ChargeRead the Press Release
ALBANY, NEW YORK – Victor M. Diaz, age 29, of Johnstown, New York, pled guilty yesterday to possessing and intending to distribute more than 100 grams of heroin mixed with fentanyl.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and City of Amsterdam Police Chief Gregory J. Culick.
On 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. Law enforcement also found, in a plastic container, an additional 53.5 grams of heroin mixed with fentanyl.
Diaz faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life, when he is sentenced on October 4, 2019 by Senior United States District Judge Norman A. Mordue. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and the Amsterdam Police Department, with assistance from the New York State Police and the Gloversville Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Tioga County Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
BINGHAMTON, NEW YORK – Mahkya Searles, 23, of Tioga County, New York, pled guilty in United States District Court to receipt and possession of child pornography, 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). Searles will remain in the custody of the United States Marshal’s Service pending sentencing by Senior United States District Judge Hon.Thomas J. McAvoy on September 26, 2019.
In pleading guilty, Searles admitted that, from in or about April of 2018 through on or about March 10, 2019, he searched for and downloaded child pornography from the Internet, and that on March 20, 2019 he possessed more than 30 images of child pornography on his phone, some of which involved prepubescent minors.
Searles faces a sentence of between 5 and 20 years in prison, a fine of up to $250,000 and a term of supervised release of at least 5 years and up to life. Upon release from imprisonment, Searles must also 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 Tioga County Sheriff’s Department, Athens Police Department, and the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Kristen Grabowski, as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States 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 Man Sentenced to 25 Years for Distributing, Receiving and Transporting Child Pornography and Violating Supervised ReleaseRead the Press Release
SYRACUSE, NEW YORK – Christopher Martinelli, 40, of Syracuse, was sentenced to serve a total of twenty‑five years in prison, to be followed by a lifetime of supervised release, for distributing, receiving, and transporting child pornography and violating supervised release. 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 Acting Superintendent Keith Corlett.
As part of his guilty plea, Martinelli admitted to knowingly exchanging sexually explicit photographs with a fourteen-year-old girl over the Internet, as well as trading child pornography online while on supervised release from a prior federal felony conviction. That prior conviction from January 14, 2011 was for Martinelli’s failure to register as a sex offender, for which he was sentenced to serve 14 months imprisonment, to be followed by a ten-year term of supervised release. Martinelli was required to register as a sex offender based upon a child pornography adjudication under the Uniform Code of Military Justice that was imposed while he was serving in the U.S. military.
In the current case, Chief United States District Court Judge Glenn T. Suddaby sentenced Martinelli to serve 240 months’ imprisonment for his child pornography crimes and 5 years’ imprisonment for violating the conditions of his supervised release by committing those crimes. Judge Suddaby ordered that the terms of imprisonment be served consecutively, for a total of twenty‑five years’ imprisonment.
This case was investigated by the United States Probation Office, the New York State Police Major Crimes Unit, and the FBI Syracuse Mid-State Child Exploitation Task Force, a federal task force that investigates cases involving the sexual exploitation of children. The task force consists of FBI Special Agents and New York State Police Investigators from Troop D, Bureau of Criminal Investigation. The case was prosecuted by Assistant U.S. Attorney Carina H. Schoenberger.
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.
Massachusetts Man Pleads Guilty to Attempted Online Enticement of a MinorRead the Press Release
ALBANY, NEW YORK - Joseph Defilippi, 55, of Chicopee, Massachusetts, pled guilty to one count of attempted online enticement of a minor, announced United States Attorney Grant C. Jaquith and James Hendricks, Special Agent in Charge of the Albany, New York Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, 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 “Dylan”. 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 Friday, August 10, 2018, he travelled to the Schuyler Flatts Park in Menands, New York, in an effort to meet the child.
As a result of his conviction, Defilippi now faces a mandatory minimum sentence of ten (10) years imprisonment, a maximum term of life imprisonment, a fine of up to $250,000.00, a term of supervised release of at least five years and up to life, and mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Sentencing is scheduled for October 15, 2019 before Senior U.S. District Judge Thomas J. McAvoy in Albany, New York.
This case is being investigated by the FBI and the Town of Colonie (New York) Police Department, and is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Joshua Rosenthal.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Schenectady and Amsterdam Men Plead Guilty to Heroin ConspiracyRead the Press Release
ALBANY, NEW YORK – Leamzy Soto Calderon, aka “Lee” and “Gordo,” 28, of Schenectady, New York, and Gregory Insogna, 45, of Amsterdam, New York, pled guilty on Friday and today, respectively, to conspiring to possess with intent to distribute and to distribute heroin, announced United States Attorney Grant C. Jaquith, Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and New York State Police Acting Superintendent Keith M. Corlett.
In pleading guilty, Soto Calderon 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. As a member of the organization, Soto Calderon regularly picked up hundreds of grams of heroin and delivered thousands of dollars in cash in payment for the heroin; prepared the heroin for sale by mixing it with cutting agent and packaging it into “bags” and “bundles”; and sold the heroin to a large customer base in and around Schenectady, New York. In December 2018, law enforcement officers executed a search warrant at Soto Calderon’s residence in Schenectady and seized 268 grams of heroin, cutting agent, and heroin processing materials.
In his guilty plea, Insogna admitted to being a member of the same drug-trafficking organization and to obtaining heroin from Soto Calderon, and others, which Insogna then sold in Amsterdam, New York. Insogna also admitted to directing couriers to pick up the heroin from and deliver payment for the heroin to Soto Calderon in Schenectady.
Soto Calderon faces at least 10 years and up to life imprisonment, a term of supervised release of at least 5 years and up to life, and a maximum fine of $10 million. Insogna faces at least 5 years and up to 40 years imprisonment, a term of supervised release of at least 4 years and up to life, and a fine of up to $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.
This case is being investigated by the United States Homeland Security Investigations (HSI), the New York State Police, the United States Drug Enforcement Administration (DEA), the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Amsterdam (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
South Glens Falls Man Pleads Guilty to Cocaine Trafficking ConspiracyRead the Press Release
ALBANY, NEW YORK – Carlo Varnado, age 41, of South Glens Falls, New York, pled guilty to conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ray Donovan, New York Field Division, United States Drug Enforcement Administration (DEA).
As part of his guilty plea, Varnado admitted that between January 2013 and October 9, 2017, he distributed cocaine from his apartment in South Glens Falls and in areas around Glens Falls. Some of this cocaine was resold in and around Lake Placid, New York. On October 9, 2017, DEA Special Agents seized approximately 8.8 ounces of cocaine bound for Lake Placid after Varnado distributed it to another person. DEA Special Agents then executed a search warrant at Varnado’s apartment and recovered approximately 20 grams of cocaine, inositol (a common cutting agent for cocaine), approximately $1,000 in U.S. currency, a scale, a vacuum sealer, and plastic baggies. As part of his plea, Varnado admitted trafficking approximately 4 kilograms of cocaine during the conspiracy.
As a result of his conviction, Varnado faces at least 5 years and up to 40 years in prison and a fine of up to $5,000,000, when he is sentenced on September 24, 2019. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Drug Enforcement Administration (DEA) and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Schenectady Man Sentenced to 150 Months for Role in Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Christian Roman, age 25, of Schenectady, New York, was sentenced to serve 150 months in prison for stealing, possessing, concealing, and storing firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.
The announcement was made by United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Norman A. Mordue also sentenced Roman to a three year term of supervised release and ordered that he pay restitution of $48,775.00
Roman pled guilty on November 21, 2018. As part of his plea, Roman admitted that, on October 22, 2017, he and Jose Fontanez broke a window to gain entry into Target Sports and then removed dozens of firearms, as well as ammunition and other property from the store, making multiple trips to and from the store with the assistance of Dalmary Morales. Roman further admitted that, after inventorying the stolen firearms, the two men hid them in a storage unit in Schenectady, New York and, while on the run from law enforcement, enlisted accomplices in Amsterdam, New York and Rochester, New York to help retrieve and transport them to various locations in New York. In exchange for their assistance, Roman and Fontanez provided some of the stolen firearms to their accomplices.
Omar DeJesus, age 32, and Onic Martinez, age 34, both of Amsterdam, pled guilty in 2018 for their roles in stealing, transporting, and possessing the firearms. Both men were sentenced to 120 months in prison.
Dalmary Morales, age 24, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports. She was sentenced to 57 months in prison.
Juan Saez, age 35, of Rochester, pled guilty in 2018 for his role in stealing, transporting, and possessing the firearms. He is scheduled to be sentenced on August 2, 2019.
Jose Fontanez, age 36, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges. He is scheduled to be sentenced on August 16, 2019.
The case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York State Police, and the Glenville, (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Syracuse Man Sentenced for Distributing Crack CocaineRead the Press Release
SYRACUSE, NEW YORK – Damion Anderson, age 48, of Syracuse, was sentenced today in federal court in Syracuse to serve 12 months in prison, followed by 3 years of supervised release, after previously pleading guilty to possession with intent to distribute and distributing crack cocaine, announced United States Attorney Grant C. Jaquith, John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Kenton T. Buckner, Syracuse Police Department.
In previously pleading guilty, Anderson admitted that on November 8, 2018, he conspired with one or more other people to sell crack cocaine in Syracuse and that he engaged in a sale of less than 2.8 net grams of crack cocaine on that day. This case was part of a targeted drug suppression and enforcement operation conducted jointly by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Syracuse Police Department.
This case was investigated by the Syracuse Police Department and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the United States Marshals Service, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Indian National Arrested for Transporting Illegal AliensRead the Press Release
SYRACUSE, NEW YORK – Jaswinder Singh age 30, of Philadelphia, Pennsylvania, has been charged in federal court in Syracuse with transporting aliens in the United States, knowing or in reckless disregard of the fact that the aliens were in the United States illegally, announced United States Attorney Grant C. Jaquith and U.S. Border Patrol Swanton Sector Chief Patrol Agent Robert Garcia.
A criminal complaint filed in United States District Court charges Singh with transporting two aliens who were without lawful status in the United States, and alleges that he received approximately $2,200 as payment for his services. The complaint further alleges that an agent from the United States Border Patrol stopped Singh’s vehicle in St. Lawrence County near the Canadian border, after a U.S. Customs and Border Protection (CBP) Air and Marine Unit helicopter spotted multiple people entering a vehicle in the area after crossing the St. Lawrence River from Canada into the United States.
The charge filed against Singh carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The defendant was arraigned before United States Magistrate Judge David E. Peebles, and ordered detained pending resolution of the charges.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the United States Border Patrol with assistance from U.S. Customs and Border Protection (CBP) Air and Marine Operations (AMO), and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Former Superintendent of Oswego Wastewater Treatment Plant Pleads Guilty to Clean Water Act ViolationRead the Press Release
SYRACUSE, NEW YORK – Gary Hallinan, age 61, of Oswego, New York, pled guilty yesterday 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 United States Attorney Grant C. Jaquith, 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).
In pleading guilty, Hallinan admitted 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.
The charge to which Hallinan pled guilty yesterday carries a maximum penalty of up to 1 year in prison, a fine of up to $100,000, and a term of supervised release of up to 1 year. The defendant will be sentenced on September 24, 2019 by United States Magistrate Judge David E. Peebles. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), the New York State DEC, Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit (BECI), and is being prosecuted by Assistant United States Attorney Michael F. Perry.
Ohio Man Sentenced for Tampering with EvidenceRead the Press Release
ALBANY, NEW YORK – John L. Brooks, age 41, of Akron, Ohio, was sentenced yesterday to 21 months in prison for tampering with evidence.
The announcement was made by United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Brooks was convicted of tampering with evidence after a 4-day jury trial in January 2019. The evidence presented at trial showed that Brooks traveled from Akron to Albany on April 29, and retrieved a bag containing eight firearms that he had previously purchased on March 18 and 19, 2017 and provided to individuals from New York. Brooks then returned to Akron with those firearms. After hearing evidence that Brooks did so only days after one of the individuals from New York attended an interview with a federal agent, and Brooks received several calls from phone numbers with a 518 area code, as well as other evidence, the jury found that Brooks attempted to conceal the firearms with the intent to impair their availability for use in a grand jury investigation.
United States District Judge Mae A. D’Agostino also sentenced Brooks to 2 years of supervised release, to begin following his term of imprisonment.
The case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Twelve Men Charged in Syracuse-Based Heroin/Fentanyl Trafficking ConspiracyRead the Press Release
SYRACUSE, NEW YORK – A federal grand jury has indicted 12 members of a Syracuse-based drug trafficking organization that distributed more than two kilograms of heroin and mixtures of heroin and fentanyl, announced United States Attorney Grant C. Jaquith and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division.
United States Attorney Grant C. Jaquith stated: “Heroin and fentanyl kill tens of thousands every year. Each and every death causes unfathomable suffering and grief for loved ones, and the magnitude of overdose deaths reverberates in our communities. Holding dealers who peddle this poison accountable is essential in turning this tide. We will continue to work with the Drug Enforcement Administration to investigate and prosecute those who profit from the tragedy of addiction.”
“DEA’s job is to save lives,” said Ray Donovan, DEA Special Agent in Charge. “Today’s arrests are significant because we arrested 12 opioid traffickers allegedly responsible for fueling the deadliest drug crisis in U.S. history. In addition to the arrests, we seized over a million dollars-worth of heroin/fentanyl, which would supply every ticket holder at a sold-out event in the Carrier Dome at least one dose of death. I commend our law enforcement partners and the U.S. Attorney’s Office for the Northern District of New York on this exceptional investigation.”
In connection with this investigation, law enforcement officers led by DEA seized more than 67,000 individual bags of heroin and mixtures of heroin and fentanyl, which weighed more than two kilograms; $78,000 in drug proceeds; 11 vehicles; and two handguns.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The defendants are all charged with conspiracy to distribute and possess with the intent to distribute heroin and fentanyl, and they face the following potential penalties:
Defendant
Age
Residence
Minimum
Maximum
Jesus Manuel Lopez-Mendez
34
New York City
(the Bronx)
10 years
Life
Gavin Ballog
29
Syracuse
10 years
Life
Yan Morales
29
Syracuse
10 years
Life
Brian Morales
28
Syracuse
10 years
Life
Juan Santa
27
Syracuse
10 years
Life
Jerry Massa
21
Syracuse
5 years
40 years
Ariel Massa
18
Syracuse
5 years
40 years
Carlos Torres
24
Syracuse
5 years
40 years
Gregorio Pizarro
20
Syracuse
None
20 years
Gregory Darrain
29
Syracuse
None
20 years
Michael Calderon
24
Syracuse
None
20 years
Dennis Smith
32
East Syracuse
None
20 years
Ballog, Bryan Morales, Santa, and Lopez-Mendez are also charged with possession with intent to distribute a controlled substance. Ballog is charged with two counts of possession with intent to distribute 100 grams or more of heroin. Morales is charged with one count of possession with intent to distribute heroin. Juan Santa is charged with one count of possession with intent to distribute heroin and fentanyl. Lopez-Mendez is charged with one count of possession with intent to distribute 100 grams or more of heroin. The indictment also contains forfeiture allegations.
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.
Eleven defendants have appeared in federal court in Syracuse and were held without bail pending detention hearings scheduled for next week. Defendants Ballog, Yan Morales, Brian Morales, and Santa were arrested and charged by criminal complaint on February 2, 2019. Lopez-Mendez was arrested and charged by criminal complaint on February 11, 2019. The remaining defendants were arrested this week, except for Gregory Darrain, who is a fugitive.
This case is being investigated by the DEA Syracuse Resident Office HIDTA (High Intensity Drug Trafficking Area) Group consisting of agents and officers of the DEA, the New York State Police, and the City of Auburn (New York) Police Department, Syracuse Police Department, Onondaga County Sheriff’s Office, and investigators from the Onondaga County District Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Carla B. Freedman.
Schenectady Felon Sentenced to 120 Months for Illegally Possessing Handgun and AmmunitionRead the Press Release
ALBANY, NEW YORK – John Coffin, aka “Body,” age 49, of Schenectady, New York, was sentenced on Tuesday to 120 months in prison for illegally possessing a handgun and ammunition.
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).
Coffin, who has multiple, prior felonies for drug and assault offenses, was convicted of possessing the handgun and ammunition after a 5-day jury trial in November 2018. The evidence at trial showed that Coffin provided a Walther P22 .22 caliber firearm, which he described as “the murderer’s gun,” and 9 rounds of ammunition, to another man in Schenectady. The jury acquitted Coffin on a second charge, of possessing a separate firearm, a 9mm Hi-Point rifle, in furtherance of a drug trafficking crime.
Senior United States District Judge Thomas J. McAvoy also sentenced Coffin to 5 years of supervised release, to begin following his term of imprisonment.
This prosecution resulted from an investigation by the FBI and its Capital District Safe Streets Task Force, which includes members of the FBI, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.
The case was prosecuted by Assistant United States Attorney Wayne A. Myers.
Former GE Engineer Pleads Guilty to Conspiring to Steal Trade SecretsRead the Press Release
SYRACUSE, NEW YORK – Miguel Sernas, age 40, of Mexico City, Mexico, pled guilty yesterday to conspiring to steal trade secrets from the General Electric Company (GE).
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 plea, Sernas, a former engineer with GE, admitted that he conspired with his business partner and co-defendant, Jean Patrice Delia, to compete against GE using trade secrets Delia stole from GE while employed by GE in Schenectady, New York. Sernas admitted that he and Delia, operating as ThermoGen Power Services, used the stolen trade secrets, as well as stolen marketing data, pricing information, and other confidential GE documents, to compete against GE around the world.
Sernas, who is in custody, faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when he is sentenced on September 16, 2019 by Senior United States District Judge Norman A. Mordue. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment against Delia are merely accusations. Delia is presumed innocent unless and until proven guilty
This case is being investigated by the FBI, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Saratoga County Man Sentenced to 72 Months for Machinegun Possession, Possessing Firearms in Furtherance of a Drug Trafficking Crime, and Growing MarijuanaRead the Press Release
ALBANY, NEW YORK – Justin W. May, age 37, of Edinburg, New York, was sentenced today to 72 months in prison for possessing firearms in furtherance of a drug trafficking crime, possessing a machinegun, and manufacturing marijuana.
The announcement was made by United States Attorney Grant C. Jaquith; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Acting New York State Police Superintendent Keith M. Corlett.
On April 12, 2016, the New York State Police responded to a call for shots fired on Fox Hill Road in Edinburg. Upon arrival, one individual was immediately taken into custody, but the second shooter, later identified as May, was not visible. In response, State Police members looked around May’s property and observed a marijuana grow operation, along with an AR-15-type weapon.
May later returned home and was taken into custody. He possessed two handguns in his vehicle. The State Police executed a search warrant on the property and found marijuana plants in various stages of growth, approximately 6 pounds of processed marijuana, two semi-automatic rifles, and other firearms.
Further ATF examination of one of the rifles, an AR-15 type, .300 Blackout caliber rifle, concluded that the hammer had been modified to allow the firearm to fire automatically, as a machinegun. May admitted during his plea on November 21, 2018, that he knew the Blackout rifle, as modified, was a machinegun, and that he possessed two handguns to protect his marijuana grow operation and drug money.
United States District Judge Mae A. D’Agostino sentenced May to 12 months in prison for growing marijuana and for possessing the machinegun, to run concurrently, and imposed a mandatory 60-month consecutive sentence for possessing the handguns in furtherance of drug trafficking. May must also serve a 3-year term of supervised release once out of prison and pay a $3,000 fine.
This case was investigated by ATF and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Douglas Collyer and Jeffrey Coffman.
Liberian Man Convicted of Making False StatementsRead the Press Release
SYRACUSE, NEW YORK –Augustine Sneh, age 31, a Liberian citizen living in Philadelphia, Pennsylvania, was convicted yesterday after a 2-day 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).
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, New York. During immigration inspection at the Champlain Port of Entry, Sneh stated that he was a United States citizen born in Philadelphia. Sneh is in fact a citizen of Liberia, born in Liberia, and he is not a United States citizen. Sneh entered the United States in 2000, has resided here since 2000, and is the subject of an unexecuted removal order from February 2012.
Sneh faces up to 5 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Norman A. Mordue on September 16, 2019. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Greene County Felon Sentenced to 24 Months for Illegally Possessing a FirearmRead the Press Release
ALBANY, NEW YORK – Michael Greenholtz, age 24, of Cairo, New York, was sentenced today to 24 months in prison for illegally possessing a .22 caliber revolver as a prohibited person.
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 John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge Thomas J. McAvoy also sentenced Greenholtz to 3 years of supervised release, to begin following his term of imprisonment.
As part of his guilty plea, Greenholtz admitted that on July 31, 2018, he sold a .22 caliber revolver in Albany. Two prior state felony convictions for burglary prevented Greenholtz from legally possessing the firearm. Greenholtz has been in custody since his arrest on September 15, 2018.
This case was investigated by the FBI, its Capital District Safe Streets Gang Task Force, and the ATF, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Albany Felon Admits Unlawful Firearm PossessionRead the Press Release
ALBANY, NEW YORK – Juan A. Torres, age 36, of Albany, pled guilty today to 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).
Torres admitted that on July 13, 2018, he sold a Kel-Tec 9 millimeter pistol, loaded with four rounds of Luger ammunition, in Schenectady County, New York. Torres had two felony convictions at the time.
Torres, who is in custody, faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced on September 17, 2019 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Schenectady Woman Sentenced to 57 Months for Role in Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Dalmary Morales, age 38, of Schenectady, New York, was sentenced on May 9 to 57 months in prison for receiving, possessing, concealing, and storing firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.
The announcement was made by United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge Norman A. Mordue also sentenced Morales to 3 years of supervised release and ordered that she pay restitution of $48,775.
Morales pled guilty on May 17, 2018. As part of her plea, Morales admitted that she helped Christian Roman and Jose Fontanez steal dozens of firearms from Target Sports by repeatedly driving the men between her apartment and the gun store. Each time, she served as a lookout while the two removed firearms, ammunition, and other property from inside the store through a broken window and placed them in her car. Morales also admitted that she helped Roman and Fontanez inventory the stolen firearms at her apartment and obstructed justice by alerting Roman and Fontanez that authorities were looking for them in the hours after the burglary, resulting in an extended manhunt.
Omar DeJesus, age 32, and Onic Martinez, age 34, both of Amsterdam, New York, pled guilty in 2018 for their roles in stealing, transporting and possessing the firearms. Both men were sentenced to 120 months in prison.
Christian Roman, age 24, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports. He is scheduled to be sentenced on May 29, 2019.
Juan Saez, age 35, of Rochester, New York, pled guilty in 2018 for his role in stealing, transporting and possessing the firearms. He is scheduled to be sentenced on August 2, 2019.
Jose Fontanez, age 36, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges. He is scheduled to be sentenced on August 16, 2019.
The case was investigated by the ATF, New York State Police, and the Glenville Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Repeat Johnstown Sex Offender Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Charles Guyer, age 60, of Johnstown, New York, pled guilty today to distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin M. Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office; and Acting New York State Police Superintendent Keith M. Corlett.
As part of his guilty plea, Guyer admitted to using two laptop computers equipped with peer-to-peer file-sharing software to download and distribute child pornography. Guyer, who has a prior New York State felony conviction for sexual abuse in the first degree (sexual contact with an individual less than 11 years old), has been in custody since his arrest on April 24, 2018.
Sentencing is scheduled for September 16, 2019 before Senior United States Judge Thomas J. McAvoy. Guyer faces at least 15 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Guyer will also be required to register as a sex offender upon his release from prison.
This case was investigated by HSI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet J. 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), 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.
Repeat Albany Sex Offender Pleads Guilty to Child Pornography PossessionRead the Press Release
ALBANY, NEW YORK – Terry L. Shellenberger, age 50, of Albany, pled guilty today to child pornography possession, announced United States Attorney Grant C. Jaquith.
Shellenberger admitted that on July 21, 2018, while on supervised release for a prior federal felony conviction, 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).
Shellenberger, who is in custody, 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, when he is sentenced on September 4, 2019 by Senior United States District Judge Lawrence E. Kahn. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
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 is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.
Bronx Man Pleads Guilty to Heroin Trafficking in Columbia CountyRead the Press Release
ALBANY, NEW YORK – Saul E. Pacheco, age 38, of the Bronx, New York, pled guilty today to 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.
Pacheco, who is in custody, faces at least 5 years and up to 40 years in prison, as well as a term of post-imprisonment supervised release of at least 4 years and up to life, when he is sentenced on September 16, 2019 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.
Simpson has pled guilty to drug conspiracy and possession charges, and is scheduled to be sentenced by Judge McAvoy on June 19, 2019.
This case was investigated by the DEA and the Columbia County Sheriff’s Office, and is being 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 faces at least 5 years in prison in that case as well.
Plattsburgh Man Pleads Guilty to Drug Trafficking ChargeRead the Press Release
ALBANY, NEW YORK – Niles O’Neil, age 28, of Plattsburgh, New York, pled guilty yesterday to possession of crack cocaine with intent to distribute.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his plea, O’Neil admitted that he possessed approximately 40 grams of crack cocaine that he was intending to distribute on April 3, 2018.
O’Neil faces at least 5 years and up to 40 years in prison when he is sentenced by Chief United States District Judge Glenn T. Suddaby on September 18, 2019. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
New Paltz Man Sentenced to 30 Years for Sexually Exploiting Four ChildrenRead the Press Release
ALBANY, NEW YORK – Cammron Robinson, age 24, of New Paltz, New York, was sentenced yesterday to 30 years in prison for sexual exploiting four children.
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 Acting Superintendent Keith M. Corlett.
As part of his guilty plea, Robinson admitted that he convinced four children to engage in sexually explicit conduct, and produced videos and images capturing that conduct over the course of three years.
Specifically, Robinson admitted that from 2015 through 2017, he used the PS4 gaming console, Skype, Zoom and cell phones to chat online with numerous male children. During the course of these communications, Robinson persuaded, induced, enticed, or coerced boys between the ages of 11 and 13 to masturbate and/or show him their genitalia. These sexually explicit acts were then recorded or saved by Robinson so he could watch and view them again.
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will start after Robinson is released from prison, and ordered Robinson to pay restitution in the amount of $9,000. As a result of his conviction, Robinson will be required to register as a sex offender upon his release from prison.
Robinson’s case was investigated by the New York State Police 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.
Broome County Man Arrested on Child Exploitation ChargesRead the Press Release
SYRACUSE, NEW YORK – Chad Swartwood, age 40, of Castle Creek, New York, was arrested today on a federal criminal complaint charging him with attempted sexual exploitation of a child, attempted receipt of child pornography, and possession of child pornography. The announcement was made by United States Attorney Grant C. Jaquith, Kevin M. Kelly, Special Agent in Charge, United States Homeland Security Investigations (HSI), Buffalo Field Office, and Acting New York State Police Superintendent Keith Corlett.
According to the allegations in the complaint, Swartwood impersonated a teenage female online to try to convince individuals he believed to be teenage boys to send him sexually explicit images of themselves. He also is alleged to have possessed images of child pornography on his mobile telephone. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Swartwood appeared today before United States Magistrate Judge David E. Peebles, who ordered the defendant detained.
If convicted of all counts, Swartwood faces a mandatory minimum of 25 years imprisonment and a maximum term of 110 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release between five years and life, as well as mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge base on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by U.S. Homeland Security Investigations (HSI), the New York State Police Computer Crimes Unit, and Investigators from the Broome County (New York) District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian. 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Canadian Resident Pleads Guilty to Alien SmugglingRead the Press Release
ALBANY, NEW YORK – Hector Vinicio Howell-Calvo, age 51, a legal resident of Canada and citizen of Costa Rica, pled guilty today to smuggling three Mexican citizens from Canada to the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.
During his plea, Howell-Calvo admitted to smuggling three men who were Mexican citizens into the United States in exchange for a total of 9,000 Canadian dollars. Howell-Calvo further admitted that he drove the men from Montreal to the Canadian border just north of Mooers, New York. Howell-Calvo then dropped off the men, who crossed the international border on foot, and intended to pick them up on the United States side of the border, after Howell-Calvo had entered the United States separately through the Mooers Port of Entry.
Sentencing is set for September 18, 2019 before Chief United States District Judge Glenn T. Suddaby. Howell-Calvo faces at least 5 years and up to 15 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 U.S. Customs and Border Protection and U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Shira C. Hoffman.
Albany Attorney Pleads Guilty to Defrauding Clients, Law FirmRead the Press Release
ALBANY, NEW YORK – Albert Hessberg III, age 64, an attorney residing in Slingerlands, New York, pled guilty today to stealing at least $2 million in the course of defrauding his former clients and law firm.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
Hessberg admitted to a fraudulent scheme spanning more than a decade, and pled guilty to 1 count each of wire fraud, mail fraud and filing a false tax return.
Hessberg worked for 37 years in the Albany office of the law firm now known as Barclay Damon LLP (“Barclay”), practicing in the area of trusts and estates. The Syracuse-based law firm terminated Hessberg for cause in March 2018.
Starting in 2006 and continuing until his termination in 2018, Hessberg defrauded Barclay and law firm clients, by: stealing at least $2,060,803 entrusted to him as fiduciary and trustee for his clients; stealing funds from one client to replenish the account of another client from whom he had previously stolen; billing clients and receiving payments for legal services he did not perform; and stealing payments for legal services that should have been made to Barclay.
United States Attorney Grant C. Jaquith stated: “Albert Hessberg betrayed his clients, his law firm, his profession, and the courts. He stole $2 million from his clients by taking advantage of their trust, and when they asked questions about their money, he repeatedly lied to them to hide his theft. His guilty plea is the first step in holding him accountable for his despicable fraud. I thank Barclay Damon LLP for reporting this fraud as soon as it was discovered.”
FBI Special Agent James H. Hendricks stated: “At its most basic level, this is a case about greed and the abuse of trust. Albert Hessberg abused his position and defrauded clients of over two million dollars. His clients trusted him with their life savings and now he must face the consequences of his actions. The FBI is dedicated to working with our law enforcement partners to investigate these crimes because of their lasting impact on the lives of the victims and our community as a whole.”
As part of his plea, Hessberg also admitted to filing federal tax returns that were false because he did not report, as income, money that he stole as part of his fraudulent scheme.
Hessberg faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release, when he is sentenced by United States District Judge Mae A. D’Agostino on September 5, 2019. 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.
In November 2018, following Hessberg’s arrest on a federal criminal complaint, the Appellate Division, Third Department suspended Hessberg from the practice of law.
This case was investigated by the FBI and Internal Revenue Service-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Repeat Columbia County Sex Offender Found Guilty of Sexually Exploiting a ChildRead the Press Release
SYRACUSE, NEW YORK – John G. Stroming, age 60, of Stuyvesant, New York, was found guilty today of sexual exploitation of a child following a 2-day jury trial.
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 Acting Superintendent Keith M. Corlett.
The evidence at trial showed that Stroming video-recorded himself sexually abusing a 19-month-old child 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).
Sentencing is set for September 9, 2019 before Senior United States District Judge Norman A. Mordue. Stroming faces at least 35 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the New York State Police and the FBI, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Shira C. Hoffman.
Cobleskill Man Sentenced to 15 Years for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Jason M. VanBuren, age 44, of Cobleskill, New York, was sentenced today to serve 180 months in prison for receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
At sentencing, Senior United States District Judge Gary L. Sharpe concluded that VanBuren also engaged in a pattern of activity involving the sexual abuse of a female child between the ages of 12 and 15, which Judge Sharpe was permitted to take into account in sentencing the defendant.
Judge Sharpe also sentenced VanBuren to a life term of supervised release, to begin following his term of imprisonment. VanBuren will be required to register as a sex offender following his release from prison.
VanBuren pled guilty on January 2, 2019 to an indictment charging two counts of receiving child pornography.
As part of his plea, VanBuren admitted using two smartphones equipped with instant messaging and file-sharing applications to download child pornography via the Internet. Overall, VanBuren downloaded and retained over 1,000 images and videos depicting child pornography.
This case was investigated by the FBI, the Cobleskill Police Department, and the New York State Police Computer Crimes Unit, 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.
Jury Convicts Binghamton Man of False IRS FilingsRead the Press Release
BINGHAMTON, NEW YORK – Kareem Young, age 40, of Binghamton, was convicted today of filing a fraudulent claim with the Internal Revenue Service, following a 4-day trial.
The announcement was made by United States Attorney Grant C. Jaquith and Jonathan D. Larsen, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI), New York Field Division.
Young is scheduled to be sentenced on September 24, 2019 by Senior United States Judge Thomas J. McAvoy, and faces up to 5 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The trial evidence showed that Young filed a 2013 U.S. Individual Tax Return claiming income of $6,125,000 and federal tax withholdings of $6,125,000. Young’s return also sought a refund of $6,125,000. Young’s actual income for 2013 was $3,127.36.
To further his claims, Young fabricated withholdings on a Form 1099 OID claiming false withholding credits from the Broome County District Attorney. Young’s return was reviewed and the IRS sent Young correspondence telling him to file a corrected return immediately. Young failed to do so and persisted in his efforts to get a refund of $6,125,000. The IRS never issued a refund.
The trial evidence showed that Young learned of this scheme while in state prison, and that the scheme involved falsely claiming credits from the District Attorney’s Office that prosecuted the prisoner.
This case was investigated by IRS-CI, with the assistance of the Inspector General’s Office of the New York State Department of Corrections and Community Supervision. The case was prosecuted by Assistant United States Attorney Tamara Thomson.
East Nassau Man Arrested for Possession of Unregistered FirearmsRead the Press Release
ALBANY, NEW YORK – Thomas E. Ozga, age 30, of East Nassau, New York, was arrested today on a charge of possessing unregistered firearms.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office.
According to the complaint, Ozga possessed multiple, unregistered firearm silencers. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Ozga appeared today before United States Magistrate Judge Christian F. Hummel, who ordered Ozga released with conditions.
If convicted, Ozga faces up to 10 years in prison and a fine of up to $10,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by HSI Office of the Assistant Special Agent in Charge, Albany, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Syracuse Man Pleads Guilty to Cocaine and Firearms ChargesRead the Press Release
SYRACUSE, NEW YORK – Michael Cozzens, 34, of Syracuse, New York, pled guilty yesterday to conspiring to distribute and possess with intent to distribute more than 500 grams of cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a stolen gun. The announcement was made by United States Attorney Grant C. Jaquith and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his guilty plea, Cozzens admitted that between January 2017 and April 20, 2018, he agreed with others to participate in a drug trafficking conspiracy that distributed cocaine. The defendant also admitted that he obtained quantities of cocaine from co-conspirators and distributed, or arranged to distribute, cocaine to others. Cozzens further admitted he possessed a stolen, loaded, .40 caliber Smith and Wesson semiautomatic handgun, in an effort to protect the drugs and drug proceeds he kept in his car and his home.
Sentencing is scheduled for September 19, 2019, at which time the defendant faces a mandatory minimum term of imprisonment of ten (10) years, and a maximum sentence of up to life in prison, a term of post-imprisonment supervised release of at least four (4) years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Drug Enforcement Administration (DEA), and was prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.
State Contractor Sentenced to 18 Months for Defrauding NYSDOT on Federally Funded ContractsRead the Press Release
SYRACUSE, NEW YORK – Nathaniel P. Lorenz, age 47, of Holley, New York, was sentenced today to 18 months in prison, and to pay restitution in the amount of $600,000, following his trial conviction last year on wire fraud and mail fraud charges.
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.
Senior United States District Judge Norman A. Mordue also ordered Lorenz to serve a 2-year term of post-imprisonment supervised release.
Lorenz was convicted on all charges – eight counts of wire fraud and one count of mail fraud – following a 7-day trial that ended on November 6, 2018. The evidence at trial established that Lorenz, a former police officer and sheriff’s deputy, submitted fake invoices to NYSDOT in order to conceal that he was not buying the materials needed to perform bridge maintenance contracts in the Buffalo and Binghamton regions, for which his company was ultimately paid more than $1 million.
Lorenz’s company, ACME Powerwashing Inc. (ACME) of Holley, contracted with NYSDOT in 2015 and 2016 to clean and seal the road portions of bridges, known as concrete bridge decks. The work involved cleaning the bridge decks and then sealing them with a chemical that makes the concrete more resistant to penetration by water, chlorides and waterborne contaminants, which might cause potholes. The Federal Highway Administration, part of the United States Department of Transportation, provided most of the money for these contracts.
Each of these contracts required ACME to purchase a certain amount of sealing chemical, based on how many square feet of concrete bridge deck was sealed. On three contracts in 2015 and 2016, Lorenz submitted fraudulent invoices to NYSDOT in order to conceal that he was not buying the amount of the sealing chemical required by the contracts. Lorenz falsely claimed that he was buying sealing chemicals from S.E. Brett, Inc., another company that he owned that does not sell anything.
The evidence at trial established that ACME, which had been a NYSDOT contractor since 2010, was not buying the appropriate amount of sealing chemicals since at least 2012 and had saved at least $500,000 in avoided material costs.
This case was investigated by USDOT-OIG, the Office of the New York State Inspector General, and NYSDOT’s Investigations Bureau, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Syracuse Man Sentenced to 46 Months for Threats Against Public OfficialsRead the Press Release
SYRACUSE, NEW YORK – Stephen J. Taubert, age 61, of Syracuse, was sentenced today by Chief United States District Court Judge Glenn T. Suddaby to serve 46 months in prison, to be followed by a three-year term of supervised release, and to pay a fine of $1,000, following Taubert’s conviction after trial on charges that he threatened to kill Congresswoman Maxine Waters (D-CA 43rd District) and her staff, and separately threatened to kill former President Barack Obama. The sentence was announced by United States Attorney Grant C. Jaquith, Chief Matthew R. Verderosa, United States Capitol Police, and Special Agent in Charge Lewis Robinson, United States Secret Service, Buffalo, New York Field Office.
United States Attorney Jaquith said, “The jury unanimously found that Taubert targeted former President Obama and Representative Waters because of their race. Racist threats to kill present and former public officials are not protected free speech, but serious crimes against both the victims and the rule of law that is the cornerstone of our republic. As the trial verdict and sentence in this case illustrate, those who spew such vile, violent hatred will be held accountable.”
In March 2019, a federal jury found Taubert guilty of making several telephone calls to the Washington D.C. office of then-Minnesota Senator Al Franken in June 2017. In two of those calls, Taubert stated that he was planning to go to Washington D.C. the next day to “hang” former President Obama at his home and to kill him. In making these threats, Taubert repeatedly used vile racial slurs directed toward former President Obama.
The jury also convicted Taubert of threatening Congresswoman Maxine Waters on July 20, 2018. Taubert called the Los Angeles, California district office of Congresswoman Waters and stated that he would be at every event the Congresswoman attended and that he would kill her and every member of her staff. In making these threats, Taubert directed vile racial slurs toward Congresswoman Waters and her staff.
The evidence at trial included a recorded law enforcement interview of Taubert, during which he admitted that he called Congresswoman Waters’s office to “terrorize” her in retaliation for public statements she had previously made.
In addition to returning guilty verdicts on all three counts charged in the indictment, the trial jury made specific findings that Taubert selected his victims because of their actual or perceived race, color, or ethnicity, which provided for an enhancement under the U.S. Sentencing Guidelines based upon hate-crime motivation.
This case was investigated by the United States Capitol Police, Threat Assessment Section, and the United States Secret Service, with assistance from the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Michael F. Perry.
Troy Man Charged with Intending to Distribute Crack CocaineRead the Press Release
ALBANY, NEW YORK – Melvin Nelson, age 39, of Troy, New York, was arraigned on Friday on an indictment charging him with possessing and intending to distribute crack cocaine.
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 indictment, on June 26, 2018, Nelson possessed and intended to distribute more than 28 grams of crack cocaine. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
On Friday, April 26, Nelson appeared before United States Magistrate Judge Christian F. Hummel, who set conditions for Nelson’s release.
If convicted, Nelson faces a minimum of 5 years in prison, a term of post-release supervision of at least 4 years, and a fine of up to $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.
This case is being investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Troy Police Department. This case is being prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Alicia Suarez.
Albany Woman Sentenced to 120 Months on Child Pornography ConvictionRead the Press Release
ALBANY, NEW YORK – Michelle M. Syler, age 50, of Albany, was sentenced today to 120 months in prison after admitting to downloading and possessing child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
United States District Judge Mae A. D’Agostino also imposed a life term of supervised release, to begin after Syler is released from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes investigators from the Colonie Police Department. The case was prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.
Troy Man Charged with Possessing a Firearm as a FelonRead the Press Release
ALBANY, NEW YORK – Dyshawn Fisher, age 24, of Troy, New York, was arraigned Monday on a charge of unlawful possession of a firearm 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).
The indictment alleges that on June 26, 2018, Fisher, a felon, was in possession of a .38 caliber revolver. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
On Monday, Fisher appeared before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.
If convicted, Fisher faces up to 10 years in prison, a term of post-release supervision of up to 3 years, 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 is being investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Troy Police Department. This case is being prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Alicia Suarez.
Onondaga County Man Pleads Guilty to Mail Fraud and Money Laundering ChargesRead the Press Release
SYRACUSE, NEW YORK – Charles H. Riel, age 60, of Clay, New York, pled guilty today to mail fraud and money laundering charges for his role in a fraudulent investment scheme involving hundreds of thousands of dollars, 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 Investigation (IRS-CI), New York Field Division.
In his plea agreement, Riel admitted that he was the founder, principal member, and officer of REinvest, LLC, a New York limited liability company based in Clay. From June 2010, through May 2014, Riel provided false, fraudulent, and misleading information about REinvest, LLC, including historical rates of return on supposed REinvest LLC investments and fictitious testimonials touting the financial successes of non-existent REinvest, LLC investors. As part of his guilty plea, Riel further admitted that he collected approximately $285,000 from a total of five investors, all of whom had received false and fraudulent information regarding the nature of Riel’s business and how their funds would be utilized. Riel used a substantial portion of the funds received from investors to pay for his own personal living expenses rather than investing the funds in ways that could result in a legitimate return on the investments. He also used money from subsequent investors to pay back a portion of the investment of an earlier investor.
As part of his plea agreement, the defendant agreed to pay restitution to his victims, and to forfeit $197,500.00 to the United States.
Sentencing is scheduled for September 5, 2019, before the Senior District Judge Frederick J. Scullin, Jr. in Syracuse. For his conviction for mail fraud, Riel faces up to 20 years in prison, a maximum fine of $250,000, and up to 3 years of post-imprisonment supervised release. For his conviction for money laundering, he faces up to 10 years in prison, a maximum fine of $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by IRS-CI and the FBI, and is being prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Michael D. Gadarian.
Jamesville Man Sentenced to 24 Months for Attempt to Possess EcstasyRead the Press Release
SYRACUSE, NEW YORK – Matthew Lagoe, 34, of Jamesville, New York, was sentenced today to serve 24 months in prison, to be flowed by a three-year term of supervised release for attempting to possess with intent to distribute the drug MDMA, also known by its street name ecstasy, announced United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of U.S. Homeland Security Investigations (HSI).
As part of his guilty plea in federal court, Lagoe admitted that in March 2017 he went to a U.S. Post Office in Syracuse, New York, attempting to retrieve a package that contained approximately 1000 MDMA tablets that he previously ordered from Germany, intending to distribute them. Unknown to the defendant, the actual pills had been previously seized by law enforcement and replaced with a sham substance. Lagoe was then arrested and charged in federal court.
This case was investigated by U.S. Homeland Security Investigations (HSI) and was prosecuted by Assistant U.S. Attorneys Sahar Amandolare and Michael D. Gadarian.
Amsterdam Man Pleads Guilty to Firearm ChargeRead the Press Release
ALBANY, NEW YORK – Mark P. Messare, age 42, of Amsterdam, New York, pled guilty today to possessing an unregistered, short-barreled rifle.
The announcement was made by United States Attorney Grant C. Jaquith and John B. Devito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Messare admitted that on September 8, 2018, he possessed a Glock 9 millimeter handgun that was inserted into a Micro Roni Pistol Carbine Conversion Kit, creating a short-barreled rifle with a barrel length of approximately 4 inches. Messare also admitted that he knew that the Micro Roni Pistol Carbine Conversion Kit was designed to convert a handgun into a short-barreled rifle, as the Conversion Kit included a folding shoulder stock that allows a handgun to be fired from the shoulder. Messare never registered this firearm in the National Firearms Registration and Transfer Record, as required by federal law.
Messare, who is in custody, faces up to 10 years in prison, as well as a $10,000 fine and up to 3 years of post-imprisonment supervised release, when he is sentenced on August 14, 2019 by Senior United States District Judge Lawrence E. Kahn. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the ATF and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Albany Man Sentenced to 120 Months in Connection with Fatal OverdoseRead the Press Release
ALBANY, NEW YORK – Daniel J. Fillerup, age 33, of Albany, was sentenced today to 120 months in prison for selling fentanyl that caused a woman’s death.
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 on December 20, 2018, Fillerup admitted that on September 29, 2016, he arranged with Kate Centofanti, via text message and phone call, to supply her with two bags of heroin. Fillerup met with Centofanti in Schenectady, New York, where Centofanti gave Fillerup $36. He acquired bags of what he believed to contain heroin, and gave Centofanti two of the bags. Centofanti ingested the substance Fillerup gave her, which was fentanyl. The ingestion of the fentanyl caused Centofanti’s death due to fentanyl intoxication.
Senior United States District Judge Lawrence E. Kahn also imposed a 3-year term of supervised release, which will start after Fillerup is released from prison.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including investigators from the Schenectady County District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Liverpool Man Sentenced to 20 Years on Second Child Pornography ConvictionRead the Press Release
SYRACUSE, NEW YORK – John Dauenhauer, 58, of Liverpool, New York, was sentenced today to serve 20 years in prison for transporting and possessing child pornography, announced United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of U.S. Homeland Security Investigations (HSI).
As part of his guilty plea in federal court, Dauenhauer admitted that in November of 2017 he used a computer connected to the internet to upload to an IMGBox account nine graphic image files depicting one or more minors engaged in sexually explicit conduct.
Dauenhauer further admitted that in addition to the child pornography files he uploaded to the internet in November of 2017, that in June of 2018 he knowingly possessed on a Sandisk thumb drive approximately 80 videos that depict child pornography.
Senior United States District Judge Hon. Thomas J. McAvoy also imposed a lifetime term of supervised release, which will start after Dauenhauer is released from prison, ordered the defendant to pay $21,000 in restitution to victims, as well as a $200 special assessment. As a result of his conviction, Dauenhauer will be required to register as a sex offender upon his release from prison.
Dauenhauer was previously convicted of a child pornography charge in Onondaga County (New York) Court on March 26, 2010, when he pled guilty to Possessing A Sexual Performance By A Child Less Than 16 Years of Age, a Class E Felony, and was sentenced to a 10-year term of probation.
Dauenhauer’s current federal case was investigated by U.S. Homeland Security Investigations (HSI) and the New York State Police. The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Former GE Engineer and Chinese Businessman Charged with Economic Espionage and Theft of GE’s Trade SecretsRead the Press Release
WASHINGTON – An indictment unsealed today charges Xiaoqing Zheng, age 56, of Niskayuna, New York, and Zhaoxi Zhang, age 47, of Liaoning Province, China, with economic espionage and conspiring to steal General Electric’s (GE’s) trade secrets surrounding turbine technologies, knowing and intending that those stolen trade secrets would be used to benefit the People’s Republic of China. Assistant Attorney General for National Security John C. Demers, U.S. Attorney Grant C. Jaquith, FBI Assistant Director John Brown of the Counterintelligence Division, and Special Agent in Charge James N. Hendricks of the FBI’s Albany Field Office made the announcement.
According to the 14-count indictment (copy attached), Zheng, while employed at GE Power & Water in Schenectady, New York, as an engineer specializing in sealing technology, exploited his access to GE’s files by stealing multiple electronic files, including proprietary files involving design models, engineering drawings, configuration files, and material specifications having to do with various components and testing systems associated with GE gas and steam turbines. Zheng e-mailed and transferred many of the stolen GE files to his business partner, Chinese businessman Zhaoxi Zhang, who was located in China. Zheng and Zhang used the stolen GE trade secrets to advance their own business interests in two Chinese companies, Liaoning Tianyi Aviation Technology Co., Ltd. (LTAT) and Nanjing Tianyi Avi Tech Co. Ltd. (NTAT), companies that research, develop, and manufacture parts for turbines.
The indictment also alleges that Zheng and Zhang conspired to commit economic espionage, as the thefts of GE’s trade secrets surrounding various turbine technologies were done knowing and intending that the thefts would benefit the People’s Republic of China and one or more foreign instrumentalities, including LTAT, NTAT, Shenyang Aerospace University, Shenyang Aeroengine Research Institute, and Huaihai Institute of Technology. The defendants, through LTAT and NTAT, received financial and other support from the Chinese government and coordinated with Chinese government officials to enter into research agreements with Chinese state-owned institutions to develop turbine technologies.
“The indictment alleges a textbook example of the Chinese government’s strategy to rob American companies of their intellectual property and to replicate their products in Chinese factories, enabling Chinese companies to replace the American company first in the Chinese market and later worldwide,” said Assistant Attorney General Demers. “We will not stand idly by while the world’s second-largest economy engages in state-sponsored theft. As part of the Attorney General’s China Initiative, we will partner with the private sector to hold responsible those who violate our laws, and we urge China’s leaders to join responsible nations and to act with honesty and integrity when competing in the global marketplace.”
“As alleged, the thefts of trade secrets to benefit the People’s Republic of China are serious crimes against the victimized company and our country,” said United States Attorney Jaquith. “Both fair competition and incentivized innovation require that American companies be able to rely on the secrecy of technological advances forged through their talent and tenacity. When technology is taken through treachery, we will continue to work with the National Security Division and the FBI to prosecute the perpetrators.”
“American businesses spend many hours and large amounts of money developing unique technology. When such technology is stolen it can be devastating to U.S. businesses and can result in American workers losing jobs,” said FBI Assistant Director Brown. “China continues to support behavior that violates the rule of law. This case demonstrates the FBI will continue to pursue China's efforts to steal American technology.”
“Economic espionage and the theft of trade secrets have a profound impact on our companies and communities,” said FBI Special Agent in Charge Hendricks. “We view this as a grave threat to our economic and national security and the FBI will work tirelessly to prevent the loss of American technology and American jobs.”
Zheng was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and released with conditions pending a trial before United States District Judge Mae A. D’Agostino.
The economic espionage counts (Counts One, Three, Four, Seven, Eight and Eleven) carry a maximum sentence of 15 years in prison, a fine of up to $5,000,000, and a term of supervised release of up to three years. The trade secrets theft counts (Counts Two, Five, Six, Nine, Ten, Twelve and Thirteen) carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years. Count Fourteen of the indictment, which charges Zheng with making false statements to the FBI during a voluntary interview, carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Rick Belliss, and National Security Division Trial Attorneys Jason McCullough and Matthew Chang.
Former GE Engineer and Chinese Businessman Charged with Economic Espionage and Theft of GE’s Trade SecretsRead the Press Release
An indictment unsealed today charges Xiaoqing Zheng, 56, of Niskayuna, New York, and Zhaoxi Zhang, 47, of Liaoning Province, China, with economic espionage and conspiring to steal General Electric’s (GE’s) trade secrets surrounding turbine technologies, knowing and intending that those stolen trade secrets would be used to benefit the People’s Republic of China. Assistant Attorney General for National Security John C. Demers, U.S. Attorney Grant C. Jaquith for the Northern District of New York, Assistant Director John Brown of the FBI’s Counterintelligence Division and Special Agent in Charge James N. Hendricks of the FBI’s Albany Field Office made the announcement.
According to the 14-count indictment, Zheng, while employed at GE Power & Water in Schenectady, New York as an engineer specializing in sealing technology, exploited his access to GE’s files by stealing multiple electronic files, including proprietary files involving design models, engineering drawings, configuration files, and material specifications having to do with various components and testing systems associated with GE gas and steam turbines. Zheng e-mailed and transferred many of the stolen GE files to his business partner, Chinese businessman Zhaoxi Zhang, who was located in China. Zheng and Zhang used the stolen GE trade secrets to advance their own business interests in two Chinese companies - Liaoning Tianyi Aviation Technology Co., Ltd. (LTAT) and Nanjing Tianyi Avi Tech Co. Ltd. (NTAT), companies which research, develop, and manufacture parts for turbines.
The indictment also alleges that Zheng and Zhang conspired to commit economic espionage, as the thefts of GE’s trade secrets surrounding various turbine technologies were done knowing and intending that the thefts would benefit the People’s Republic of China and one or more foreign instrumentalities, including LTAT, NTAT, Shenyang Aerospace University, Shenyang Aeroengine Research Institute, and Huaihai Institute of Technology. The defendants, through LTAT and NTAT, received financial and other support from the Chinese government and coordinated with Chinese government officials to enter into research agreements with Chinese state-owned institutions to develop turbine technologies.
“The indictment alleges a textbook example of the Chinese government’s strategy to rob American companies of their intellectual property and to replicate their products in Chinese factories, enabling Chinese companies to replace the American company first in the Chinese market and later worldwide,” said Assistant Attorney General Demers. “We will not stand idly by while the world’s second-largest economy engages in state-sponsored theft. As part of the Attorney General’s China Initiative, we will partner with the private sector to hold responsible those who violate our laws, and we urge China’s leaders to join responsible nations and to act with honesty and integrity when competing in the global marketplace.”
“As alleged, the thefts of trade secrets to benefit the People’s Republic of China are serious crimes against the victimized company and our country,” said U.S. Attorney Jaquith. “Both fair competition and incentivized innovation require that American companies be able to rely on the secrecy of technological advances forged through their talent and tenacity. When technology is taken through treachery, we will continue to work with the National Security Division and the FBI to prosecute the perpetrators.”
“American businesses spend many hours and large amounts of money developing unique technology. When such technology is stolen it can be devastating to U.S. businesses and can result in American workers losing jobs,” said FBI Assistant Director Brown. “China continues to support behavior that violates the rule of law. This case demonstrates the FBI will continue to pursue China's efforts to steal American technology.”
“Economic espionage and the theft of trade secrets have a profound impact on our companies and communities,” said FBI Special Agent in Charge Hendricks. “We view this as a grave threat to our economic and national security and the FBI will work tirelessly to prevent the loss of American technology and American jobs.”
Zheng was arraigned today in Albany, New York, before United States Magistrate Judge Christian F. Hummel, and released with conditions pending a trial before United States District Judge Mae A. D’Agostino.
The economic espionage counts (Counts One, Three, Four, Seven, Eight and Eleven) carry a maximum sentence of 15 years in prison, a fine of up to $5,000,000, and a term of supervised release of up to three years. The trade secrets theft counts (Counts Two, Five, Six, Nine, Ten, Twelve and Thirteen) carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years. Count Fourteen of the indictment, which charges Zheng with making false statements to the FBI during a voluntary interview, carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Rick Belliss, and National Security Division Trial Attorneys Jason McCullough and Matthew Chang.