Northern District of New York
Press releases recorded for this federal judicial district.
Former Student Charged with Damaging Computers at Albany CollegeRead the Press Release
ALBANY, NEW YORK – Vishwanath Akuthota, age 26, of Albany, was arrested on February 22 in North Carolina after being charged with intentionally causing damage to protected computers owned by The College of Saint Rose in Albany.
The announcement was made by United States Attorney Grant C. Jaquith; Chief Eric Hawkins of the Albany Police Department (APD); and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to a criminal complaint, on February 14, 2019, Akuthota entered numerous locations around the Saint Rose campus and inserted a device into more than 50 computers used by students. The device, which resembles a normal USB memory stick, sends a rapid series of power surges into a computer’s electrical hardware, rendering it inoperable. The damage exceeds $50,000. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Akuthota is a citizen of India, residing in the United States on a student visa.
Akuthota appeared in federal court in Raleigh, North Carolina, where a United States Magistrate Judge ordered him detained and transported to the Northern District of New York.
The charge filed against Akuthota 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.
This case is being investigated by the APD and the FBI, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Vermont Man Charged with Attempting to Meet a Minor for SexRead the Press Release
ALBANY, NEW YORK –John Curley, age 48, of Chester, Vermont, was arrested on Tuesday and charged with traveling in interstate commerce for the purpose of meeting a minor for sex.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to a criminal complaint, Curley used an internet-based, adult-oriented social networking service to solicit sex from someone he thought was a 12-year-old girl, but who was actually a police investigator acting in an undercover capacity. Curley was arrested in Fort Ann, New York, where Curley believed he was going to meet the 12-year-old girl for sex. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Curley appeared yesterday before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.
If convicted, Curley faces up to 30 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Syracuse Woman Sentenced for Scheme to Defraud Department of LaborRead the Press Release
UTICA, NEW YORK - Linda Sue Parnell, age 64, of Syracuse, New York, was sentenced today to 5 years of probation and to pay restitution to the federal government in the amount of $72,207.16, after previously pleading guilty to four counts of wire fraud for submitting fraudulent claims for mileage reimbursement between 2010 and 2016.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Sean J. Smith, U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office.
An investigation revealed that Parnell, years after claiming to have sustained a back injury while working at a Veterans Affairs hospital, was approved to receive compensation benefits from the U.S Department of Labor relating to her claim. The Department of Labor authorized Parnell to obtain a reimbursable membership to the YMCA of Greater Syracuse and to seek reimbursement for miles driven to and from the YMCA for the purpose of exercising to strengthen her back. The Department of Labor also authorized Parnell to seek reimbursement for miles driven to and from covered medical appointments.
Parnell defrauded the Department of Labor by submitting reimbursement claims for trips that she did not actually make to the YMCA, and by significantly inflating the mileage for those trips she did take to the YMCA and also to covered medical appointments. Parnell claimed to have visited the YMCA more than 1,700 times between 2010 and 2016, though she actually visited the YMCA on approximately 50 occasions during this time. The investigation also established that Parnell claimed to visit the YMCA on holidays when it was closed and on days she was traveling out of state, including dozens of times over a several-month period during which she resided in Pennsylvania. From her fraud scheme, Parnell received $72,207.16 in reimbursement for mileage claims that were fraudulent.
United States District Judge David N. Hurd imposed Parnell’s sentence today in Utica.
This case was investigated by U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, and was prosecuted by Assistant U.S. Attorneys Michael F. Perry and Tamara Thomson.
Former Utica Man Sentenced on Marijuana and Money Laundering ConvictionsRead the Press Release
SYRACUSE, NEW YORK – Gary Velletto, age 38, formerly of Utica, New York, and Las Vegas, Nevada, was sentenced today to 57 months in prison for his roles in marijuana and money laundering conspiracies.
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).
Between January 2011 and August 2015, in the Northern District of New York, the District of Nevada, and elsewhere, Velletto conspired with Las Vegas resident Anthony Wills and others to possess with intent to distribute and distribute 100 kilograms or more of marijuana. As part of the conspiracy, Velletto, together with Wills and other co-conspirators, frequently obtained distribution-sized amounts of marijuana from different sources of supply in California and shipped or caused to be shipped the marijuana to various parts of the United States including the Utica area. Velletto admitted that as a result of his participation in the marijuana conspiracy, he was personally responsible for more than 100 but less than 400 kilograms of marijuana.
To pay for the marijuana that was shipped to Velletto in Utica, Velletto deposited or caused others to deposit money into various bank accounts, some held in the names of third-party nominees, in and around Utica. The cash was then withdrawn immediately in Las Vegas by Wills, or by others at his direction, and the money was used in part to purchase more marijuana from sources of supply in Northern California to be shipped back to Utica for or on behalf of Velletto.
Velletto also mailed, or caused others to mail on his behalf, cash or blank money orders to Las Vegas as payment for the marijuana, which cash and blank money orders were deposited by Wills or by others at Wills’s direction into bank accounts, often held by third-party nominees, and which money was used to purchase more marijuana.
Velletto admitted that as a result of his participation in the money laundering conspiracy, he was responsible for $1,274,310.00, in that he laundered this amount or the laundering of this amount by others was reasonably foreseeable to him.
Velletto, who has been incarcerated since his arrest in January 2016, entered his guilty pleas on September 13, 2016. After he finishes his term of imprisonment, Velletto will be placed on supervised release for 5 years. Chief United States District Judge Glenn T. Suddaby also ordered that Velletto pay a $1,274,310 money judgment.
This case was investigated by the FBI, the Oneida County District Attorney’s Office, the New York State Police, the Internal Revenue Service (IRS), the Bureau of Alcohol, Tobacco, and Firearms & Explosives (ATF), and was prosecuted by Assistant U.S. Attorney Carl Eurenius and Oneida County Assistant District Attorney Grant Garramone, who also serves as a Special Assistant U.S. Attorney.
Guilderland Man Arrested on Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Blake Spears, age 38, of Westmere, Town of Guilderland, New York, was ordered detained today following his arrest last week on child pornography charges.
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).
Spears appeared today before United States Magistrate Judge Christian F. Hummel, who ordered Spears detained following a hearing. A criminal complaint accuses Spears of using the Kik phone messaging application to distribute child pornography in December 2018. On February 15, FBI agents found child pornography on a thumb drive in Spears’s residence, according to the complaint. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty
If convicted, Spears faces at least 5 years and up to 20 years in prison, as well as a term of post-release supervision of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department and New York State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Former College Student in Ithaca to Serve 24 Months on Weapons ConvictionsRead the Press Release
SYRACUSE, NEW YORK - Maximilien R. Reynolds, age 21, of Rumson, New Jersey, who resided in Ithaca, New York, while attending college, was sentenced today to serve 24 months in prison in connection with his previous guilty pleas to two felony firearms offenses.
The announcement was made by United States Attorney Grant C. Jaquith; Tompkins County District Attorney Matthew Van Houten; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); John Devito, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-New York Field Division; Chief Peter Tyler of the City of Ithaca Police Department; and Chief Kathy Zoner of Cornell University Police. The sentence imposed includes a 3-year term of supervised release following the defendant’s release from prison, and orders him to receive mental health services and drug treatment.
On November 13, 2018, Reynolds pled guilty to one count of willfully causing false statements to be made to a licensed firearms dealer during the purchase of a firearm (a Savage MSR-15 Multi-Caliber .223/5.56mm Patrol Rifle) and one count of possessing firearms not registered in the National Firearms Registry and Transfer Record, related to his possession of a sawed-off Savage MSR-15 Multi-Caliber 223/5.56mm Patrol Rifle, a destructive device (bomb), and a silencer. The guilty plea followed an investigation that was begun in late February 2018 after an employee at the Walmart in Ithaca notified police that Reynolds had visited the store on February 23, 2018, was acting and appearing strangely, and had purchased a large quantity of ammunition and other items.
On March 7, 2018, Ithaca Police and FBI Special Agents interviewed Reynolds in Ithaca, at which time he gave them written consent to search his apartment and car. During the search of the apartment, Ithaca Police, and FBI and ATF Agents, assisted by the New York State Police, recovered a Savage MSR-15 Multi-Caliber 223/5.56mm Patrol Rifle with a telescopic sight, 917 rounds of .223 rifle ammunition, 17 thirty-round ammunition magazines, 6 ten-round ammunition magazines, 134 rounds of 12-gauge shotgun ammunition, a silencer, a destructive device containing ball bearings, two bullet-proof vests, two gas masks, hundreds of ball bearings, wound kits (field dressings), consumer grade fireworks, chemicals for making explosives, fuse cords, a pipe section and endcap, as well as other tactical items. Reynolds was voluntarily admitted for a mental health examination at that time, and was arrested and charged on March 15, 2018.
As part of his guilty plea, Reynolds also admitted that he possessed a .25 caliber Bauer Arms semiautomatic pistol with an obliterated serial number that was located and recovered from the Cayuga Canal by New York State Police divers after friends of the defendant disposed of it there following his arrest. At the time of his arrest on March 15, 2018, Reynolds was a part-time student at Tompkins-Cortland Community College. He was previously enrolled as a full-time student at Cornell University, but was on an academic leave of absence.
This case was investigated by the FBI, ATF, the City of Ithaca Police Department, the Cornell University Police, the New York State Police and the Tompkins-Cortland Community College Campus Police, and was prosecuted by Assistant U.S. Attorney Richard Southwick with assistance from the Tompkins County District Attorney’s Office.
Syracuse Man Charged with Robbery and MurderRead the Press Release
SYRACUSE, NEW YORK – William D. Wood, Jr., 33, of Syracuse, New York, appeared today on an indictment charging him with the September 15, 2018, robbery of Chili’s Bar & Grill in Dewitt, New York, and the murder of two employees by shooting them to death in the course of that robbery, announced United States Attorney Grant C. Jaquith and John Devito, Special Agent in Charge of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
Federal law proscribes murder through the use of a firearm during or in relation to a crime of violence such as a robbery that interferes with commerce. The indictment also provides notice of eight special findings, including commission of the murders in the expectation of the receipt of something of pecuniary value, commission of the murders after substantial planning and premeditation, and the intentional killing and attempt to kill more than one person in a single criminal episode.
The defendant was arraigned today in Syracuse, New York, before United States Magistrate Judge David E. Peebles and detained pending a trial before Senior United States District Court Judge Thomas J. McAvoy.
Under the federal statutes cited in the indictment, the potential maximum penalty for the robbery charged is imprisonment for 20 years and the potential maximum for each of the murders charged is the death penalty. The Attorney General of the United States will decide whether to seek the death penalty based upon the recommendation of the U.S. Attorney for the Northern District of New York and after carefully considering the defendant’s background and the circumstances of the crimes charged in the indictment.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case is being investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Lisa Fletcher.
Five Men Charged in Syracuse Heroin Trafficking ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Four men from Syracuse and one from New York City (the Bronx) have been charged with operating a heroin distribution ring from which investigators seized over 62,000 individual bags of heroin, totaling in excess of two kilograms, 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.
The following men are charged in two federal criminal complaints with being members of a conspiracy to possess with intent to distribute and distribution of heroin and fentanyl:
- Gavin Ballog, 29, Syracuse, New York
- Yan Morales, 29, Syracuse, New York
- Brian Morales, 28, Syracuse, New York
- Juan Santa, 27, Syracuse, New York
- Jesus Manuel Lopez Mendez, 34, New York City (the Bronx)
Defendants Ballog, Y. Morales, B. Morales, and Santa were arrested and charged on February 2, 2019. Jesus Manuel Lopez Mendez was in the custody of immigration authorities when he was arrested and charged today. The criminal complaints allege the seizure of over 62,000 individual bags of heroin, totaling in excess of two kilograms, and two handguns, as part of an investigation utilizing court-ordered wiretaps. All five defendants have appeared in federal court in Syracuse and are held without bail. The charges filed against the five men carry mandatory minimum sentences of ten years and maximum sentences of life in prison, a fine of up to $10,000,000.00, and a term of supervised release of at least 5 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by U.S. Drug Enforcement Administration, the New York State Police, and the City of Auburn (New York) Police Department, and Investigators from the Onondaga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Carla B. Freedman.
Bronx Man Pleads Guilty to Heroin ChargeRead the Press Release
ALBANY, NEW YORK – Ronny Mota, age 29, of Bronx, New York, pled guilty today to conspiring to distribute more than 100 grams of heroin.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Raymond P. Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.
Mota admitted that on December 5, 2018, he drove from New York City to Albany County, New York, for the purpose of selling approximately 130 grams of heroin to another individual. The DEA arrested Mota and a co-conspirator in a motel parking lot in Colonie before they could meet with the buyer. Agents found the bag of heroin in a coffee cup next to the driver’s seat.
Mota faces at least 5 years and up to 40 years in prison, and at least 4 years of post-imprisonment supervised release, when he is sentenced by United States District Judge Mae A. D’Agostino on June 14, 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.
This case was investigated by the DEA and its Capital District Drug Enforcement Task Force, which includes investigators from the Schenectady Police Department, Troy Police Department and New York State Police. The Schenectady County Sheriff’s Office also assisted in the investigation. This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Owner of North Country Medical Transportation Company Pleads Guilty to Health Care Fraud, Paying KickbacksRead the Press Release
ALBANY, NEW YORK – Arshad Nazir, age 54, of Ticonderoga, New York, pled guilty today to conspiring to defraud Medicaid, and conspiring to pay bribes and kickbacks to Medicaid beneficiaries who used his medical transportation service. He admitted to causing at least $550,000 in losses, and to paying at least $95,000 in bribes and kickbacks.
The announcement was made by:
- United States Attorney Grant C. Jaquith;
- James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);
- New York State Police Acting Superintendent Keith M. Corlett;
- New York State Workers’ Compensation Fraud Inspector General Catherine Leahy Scott; and
- Rensselaer County District Attorney Mary Pat Donnelly.
Today’s plea is the result of a state and federal investigation into Medicaid fraud committed by the owners and operators of medical transportation companies based in Essex County.
Nazir operated Capital Medallion, Inc. d/b/a Avalanche Taxi Service (“Avalanche Taxi”), a Medicaid-funded transportation company based in Ticonderoga. The New York State Department of Health (“DOH”) paid Nazir’s company at least $2.45 million for Medicaid-funded transportation between 2014 and 2018.
As part of his plea, Nazir admitted that he committed a variety of frauds against Medicaid and DOH, including: billing Medicaid and receiving payment for trips where beneficiaries drove themselves to their own medical appointments, and falsifying the identities of the drivers for those trips; billing Medicaid and receiving payment for roundtrips to and from medical appointments when the beneficiaries took only one-way trips with Avalanche Taxi; and falsifying pick-up and drop-off locations, in order to increase the purported distances traveled and therefore be able to claim and receive higher Medicaid payments.
Nazir also admitted that he agreed to pay kickbacks and bribes to Medicaid beneficiaries in order to get the beneficiaries to schedule and keep scheduling medical transportation appointments with Avalanche Taxi. Kickbacks included cash, cigarettes and tobacco, and free goods at Nazir’s convenience store in Ticonderoga.
Nazir faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years, when he is sentenced on June 18, 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.
Nazir has also agreed to pay $550,000 in restitution to the New York State Department of Health, and to plead guilty to charges of grand larceny and failure to secure workers’ compensation in a parallel case pending in Essex County Court, brought by the Rensselaer County District Attorney as Special Prosecutor.
Charges remain pending against several other defendants. Those defendants are presumed innocent unless and until proven guilty.
The federal charges are being investigated by the FBI and the New York State Police’s Special Investigations Unit, and are being prosecuted by Assistant U.S. Attorney Michael Barnett.
The state charges are being investigated by the New York State Police’s Special Investigations Unit, as well as the Office of the New York State Inspector General, and are being prosecuted by Rensselaer County Assistant District Attorney Carl Rosenkranz.
Additional agencies assisted in this investigation, including the United States Attorney’s Office-Civil Division; Essex County District Attorney’s Office; New York State Police-Troop B; the Office of the New York State Comptroller, Division of Investigations; New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); Essex County Sheriff’s Office; Homeland Security Investigations (HSI); the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and the New York State Department of Labor.
Schenectady Man Pleads Guilty to Distributing Crack Cocaine and HeroinRead the Press Release
ALBANY, NEW YORK – Damise Dixon, age 30, of Schenectady, New York, pled guilty today to distributing crack cocaine and heroin in November and December of 2018.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Raymond P. Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Schenectady County Sheriff Dominic Dagostino.
Dixon admitted that he distributed approximately 180 grams of crack cocaine and approximately 15 grams of heroin to another person in Schenectady.
Sentencing is scheduled for June 11, 2019 before United States District Judge Mae A. D’Agostino. Dixon faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and the Schenectady County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Baldwinsville Man Sentenced for Obstructing the Department of LaborRead the Press Release
SYRACUSE, NEW YORK - Elias J. Sawalha, age 64, of Baldwinsville, New York, was sentenced today to serve a three-year term of probation and a $10,000 fine after previously pleading guilty to submitting fraudulent documents to the Department of Labor’s Wage and Hour Division, announced United States Attorney Grant C. Jaquith and Michael C. Mikulka, Special Agent in Charge of the New York Region of the United States Department of Labor, Office of Inspector General, Office of Investigations.
As part of his guilty plea, Sawalha admitted that he submitted false documents to influence a U.S. Department of Labor investigation relating to the wages of his employees at two gas stations he owned and operated in Onondaga County. In December 2014, the Department of Labor’s Wage and Hour Division notified Sawalha that it was investigating violations of the Fair Labor Standards Act. This investigation revealed that Sawalha willfully failed to pay more than $30,000 in overtime wages and back pay to four employees as required by federal law. Sawalha agreed to pay the applicable overtime wages and back pay, and he subsequently submitted documentation to the Department of Labor certifying under penalty of perjury that he had made the required payments “in full.” That paperwork included copies of checks written out to the four employees. The Department of Labor closed its investigation, though it later reopened the investigation upon learning that Sawalha never provided the checks to his employees, even though he did manipulate their pay stubs (and, consequently, their annual W2 forms) to falsely reflect that they had been paid. After additional investigation, the defendant admitted that he had falsified the paperwork in attempt to shut down the investigation without paying his employees what he owed them.
This case was investigated by the United States Department of Labor, Office of Inspector General, Office of Investigations, and was prosecuted by Assistant U.S. Attorneys Sahar L. Amandolare and Michael F. Perry.
Watertown Woman Convicted of Assaulting Federal OfficerRead the Press Release
ALBANY, NEW YORK – A jury voted yesterday to convict Catherine M. Melhuish, age 34, of Watertown, New York, of assaulting a federal officer in St. Lawrence County, following a 4-day trial.
The announcement was made by United States Attorney Grant C. Jaquith and William Maddocks, Deputy Chief Patrol Agent, U.S. Border Patrol, Swanton Sector.
United States Attorney Grant C. Jaquith said: “Today’s conviction demonstrates our commitment to enforcing federal laws that protect those who protect and serve our country and communities, such as the U.S. Border Patrol Agent assaulted by the defendant.”
U.S. Border Patrol Swanton Sector Deputy Chief Patrol Agent William Maddocks stated: “Swanton Sector appreciates the support of the U.S. Attorney’s Office for the Northern District of New York in their diligent prosecution of this case. This conviction shows that assaults on law enforcement will not be tolerated.”
Melhuish, a lawful permanent resident of the United States and citizen of Canada, assaulted a Border Patrol Agent at approximately 1 a.m. on September 18, 2017. The agent encountered Melhuish while responding to a request from the St. Lawrence County Sheriff’s Office, which had been contacted by members of the public about a woman wearing dark clothing and walking on State Route 37 near the United States/Canada border.
As part of the agent’s investigative stop, he asked Melhuish for her identification, which she agreed to provide. The agent touched Melhuish’s hand when he reached out to steady the identification so he could read the information off of it. Melhuish became agitated, spit in the agent’s face and bit the agent’s hand.
Melhuish will be sentenced on February 19 by Senior United States District Judge Thomas J. McAvoy.
This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
Twice-Convicted Felon Sentenced to 16 Months for Illegal Re-EntryRead the Press Release
UTICA, NEW YORK – Ronald Pineda-Carias, age 41, and a citizen of Honduras, was sentenced yesterday to 16 months in prison for illegally re-entering the United States as a felon.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Pineda-Carias pled guilty on October 18, 2018. On May 2, 2006, Pineda-Carias was convicted of felony cocaine possession in Miami, Florida, and was thereafter removed from the United States to Honduras. On November 4, 2011, he was convicted of illegally re-entering the United States in the United States District Court for the Western District of Pennsylvania, and was sentenced to time served. Pineda-Carias was again removed to Honduras. In all, Pineda-Carias has been removed to Honduras on 5 occasions.
On August 9, 2018, a Border Patrol Agent encountered Pineda-Carias in downtown Plattsburgh, New York. Pineda-Carias had a brief conversation with the agent, but then fled on foot and dove into the Saranac River in an effort to evade law enforcement. After a brief search, a Plattsburgh Police Officer discovered Pineda-Carias hiding in the bushes on the southwest bank of the river.
Following his term of imprisonment, Pineda-Carias will be transferred to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by the United States Border Patrol, with assistance from the Plattsburgh Police Department, and prosecuted by Assistant U.S. Attorney Douglas Collyer.
Romanian Man Arraigned for Capital Region ATM Skimming Conspiracy Following Extradition from ColombiaRead the Press Release
ALBANY, NEW YORK - Gheorghe Cirstea, age 31, and a citizen of Romania, was arraigned today on charges that he worked with others to steal account information and personal identification numbers (PINs) from people using ATMs in the Capital Region in 2015.
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.
On March 30, 2018, Cirstea was arrested while travelling through Bogota, Colombia. On October 19, 2018, he was formally extradited by Colombian authorities to the United States. Cirstea was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending trial.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The indictment charges Cirstea and Ilie Sitariu with conspiring to steal bank customers’ account information and PINs by using skimming devices that they secretly installed on bank ATMs in the Capital Region from August to October 2015.
Sitariu, who was arrested in September 2015, pled guilty on November 22, 2016, and was sentenced to 48 months in prison by Senior United States District Judge Lawrence E. Kahn on May 10, 2017.
If convicted, Cirstea faces up to 5 years in prison, 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, U.S. Secret Service, and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon. Cirstea was extradited to the United States with the assistance of the Department of Justice Office of International Affairs.
New Paltz Man Pleads Guilty to Sexually Exploiting Four ChildrenRead the Press Release
SYRACUSE, NEW YORK – Cammron Robinson, 23, of New Paltz, New York, pled guilty to four counts of sexual exploitation of a child, announced United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
In entering his guilty plea in United States District Court, Robinson admitted that over the course of 3 years he convinced four minor children to engage in sexually explicit conduct and live-stream the activity to him over the internet.
As part of his guilty plea, Robinson admitted that from 2015 through 2017 he used the PS4 gaming console, Skype, Zoom, and cellular telephones to chat with numerous male children online. 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. He then captured the activity in video files he saved to electronic storage devices.
Senior United States District Judge Hon. Thomas J. McAvoy will sentence Robinson on April 17, 2019. He faces a mandatory minimum term of 15 years imprisonment on each count, with a maximum penalty of 30 years imprisonment per count. He will be required to serve a term of supervised release of a minimum of 5 years, and up to life, following his term of imprisonment. Robinson will also be required to register as a sex offender.
Robinson’s case was investigated by the New York State Police Bureau of Criminal Investigations, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Albany Man Pleads Guilty in Connection with Fatal OverdoseRead the Press Release
ALBANY, NEW YORK – Daniel J. Fillerup, age 33, of Albany, pled guilty yesterday to selling fentanyl that caused the death of its user.
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, Fillerup admitted that on September 29, 2016, he arranged, via text message and phone call, with K.C. to supply K.C. with two bags of heroin. Fillerup met with K.C. in Schenectady, New York, and K.C. gave Fillerup $36. He acquired bags of what he believed to contain heroin, and gave K.C. two of the bags. K.C. ingested the substance Fillerup gave her, which was fentanyl. The ingestion of the fentanyl caused K.C.’s death due to fentanyl intoxication.
Fillerup faces up to 20 years in prison when sentenced by Senior United States District Judge Lawrence E. Kahn. He also faces a fine of up to $1 million and a term of post-imprisonment supervised release of at least 3 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 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 Schenectady County District Attorney’s Office and the Schenectady Police Department. This case is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Cohoes Man Sentenced to 35 Years for Producing and Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – George Muzio, Jr., age 37, of Cohoes, New York, was sentenced today to 420 months in prison for the online sexual exploitation of children, and for the possession and distribution of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
United States District Judge Mae A. D’Agostino also sentenced Muzio to a lifetime term of supervised release, to begin following his term of imprisonment. Muzio will also be required to register as a sex offender upon his release from prison
Muzio pled guilty on July 9, 2018, to two counts of sexual exploitation of a child, six counts of distribution of child pornography, and one count of possession of child pornography.
In connection with his guilty plea, Muzio admitted that between August 2014 and May 2016, he communicated with 13 underage girls using his cell phone and the Kik Messenger application. The minors lived throughout North America and ranged in age from 11 to 17 years old, with most being between 13 and 14 years old at the time Muzio engaged them in text-message exchanges via Kik. The communications, which Muzio frequently steered towards sexual performances by the children, generally spanned thousands of messages sent and received over several months.
Muzio further admitted that he posed as a teenage boy, and repeatedly requested and received sexually explicit photographs from the underage girls he targeted. He texted detailed instructions to two victims about how he wanted them to pose in the sexually explicit photographs that they took and sent to him at his request. One of those victims, a resident of Montana with whom Muzio exchanged over 2,000 text messages over a period of 8 months, was 11 years old at the time. The second, a resident of Georgia with whom Muzio exchanged over 4,700 text messages over a period of 4 months, was 13 years old.
In addition, Muzio admitted that on 6 occasions between March 2015 and January 2016, he distributed child pornography videos from his Cohoes home through an Internet file-sharing program. He also admitted that on May 3, 2016, he possessed a laptop computer that contained approximately 400 child pornography videos depicting the sexual abuse of children as young as 10 years old.
In sentencing Muzio today, Judge D’Agostino told him: “What I find barbaric in this case is what [you] did to innocent children. Children are supposed to be able to lead their lives without being subjected to this kind of evil. Children are the people in society that we are supposed to protect above all others. The barbarism for me is what was done to these children and the way it was done.”
This case was investigated by HSI, with assistance from the Colonie Police Department and the Cohoes Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Schenectady Man Pleads Guilty to Distributing Heroin Laced with FentanylRead the Press Release
ALBANY, NEW YORK – Hezekiah Morton, age 47, of Schenectady, New York, pled guilty today to distributing heroin and fentanyl in May 2018.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Raymond P. Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Schenectady County Sheriff Dominic Dagostino.
Morton admitted that between May 7 and May 17, 2018, while in Schenectady, he distributed approximately 46 grams of a substance that he claimed to be heroin, which contained detectable amounts of fentanyl.
Sentencing is scheduled for April 18, 2019 before Senior United States District Judge Gary L. Sharpe. Morton faces up to 20 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and the Schenectady County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Salvadoran Man Arrested in Schenectady for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Efrain Diaz-Alachan, age 46, and a citizen of El Salvador, was arrested yesterday in Schenectady, New York, on a charge of illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
According to the criminal complaint, Diaz-Alachan has been removed from the United States to El Salvador on five prior occasions since 2005, having been previously arrested in Vermont; Colonie, New York; Ticonderoga, New York; Houston, Texas; and Sarita, Texas.
In 2011 and again in 2013, he was convicted of illegal re-entry in the United States District Court for the Northern District of New York. In 2011, he was sentenced to time served. In 2013, he was sentenced to 14 months in prison. In 2015, he was again convicted of illegal re-entry, in the United States District Court for the Southern District of Texas, and sentenced to 15 months in prison.
Diaz-Alachan appeared today before United States Magistrate Judge Daniel J. Stewart, who ordered Diaz-Alachan detained pending further proceedings.
Diaz-Alachan faces up to 10 years in prison if convicted. 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 ICE-ERO in Albany, with support from the ERO Buffalo Special Response Team and the Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Two-Time Drug Felon Sentenced to 120 Months for Role in Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Omar DeJesus, age 32, of Amsterdam, New York, was sentenced yesterday to 120 months in prison for transporting, storing, and possessing 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 Ashan M. Benedict, 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 DeJesus to 3 years of supervised release and ordered that he pay restitution in the amount of $48,775.
DeJesus, who has previous state and federal felony drug convictions, pled guilty on May 17, 2018. As part of his plea, DeJesus admitted that he allowed Christian Roman and Jose Fontanez to store dozens of stolen firearms at his residence and later helped them hide some of those firearms in a remote location. DeJesus also admitted that he introduced Roman and Fontanez to another man, Onic Martinez, who retrieved the stolen firearms from a storage locker in Schenectady, New York, where Roman and Fontanez hid them shortly after the October 22, 2017 burglary. In exchange for his assistance, DeJesus received a stolen Sig Sauger 9mm pistol, which DeJesus subsequently sold to another individual in exchange for $700. DeJesus was prohibited from possessing firearms because of his criminal record.
Fontanez, age 36, of Schenectady, pled guilty earlier this year to stealing the firearms from Target Sports, and other, related charges. He is scheduled to be sentenced on April 22, 2019.
Roman, age 24, of Schenectady, pled guilty last month to stealing the firearms from Target Sports. He is scheduled to be sentenced on April 10, 2019.
Dalmary Morales, age 37, of Schenectady; and Juan Saez, age 35, of Rochester, New York pled guilty earlier this year for their respective roles in stealing, transporting, and possessing the firearms. Morales and Saez are scheduled to be sentenced on April 22, 2019.
This case was investigated by the ATF, New York State Police, and the Glenville and Amsterdam Police Departments, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Haitian Woman Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Rose Mathe Jean Louis, age 50, and a citizen of Haiti, was sentenced today to time served (61 days in jail), for illegal re-entry into 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.
Jean Louise was ordered removed from the United States to Haiti by order of an Immigration Judge in Orlando, Florida, on February 10, 2014. Jean Louise was not removed and instead was released to reside in the United States. On August 21, 2017, Jean Louis departed the United States while the removal order was pending, and entered Canada. On October 18, 2018, she was arrested by a Border Patrol Agent just south of the international border between the United States and Canada after she entered the United States without inspection approximately three miles west of the Champlain Port of Entry, New York. Jean Louise admitted that she returned to the United States without permission.
Following the sentencing, Jean Louise was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Greene County Felon Pleads Guilty to Illegally Possessing FirearmRead the Press Release
ALBANY, NEW YORK – Michael Greenholtz, age 25, of Cairo, New York, pled guilty today to illegally possessing a .22 caliber revolver 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).
As part of his plea, Greenholtz admitted that on July 31, 2018, he sold a .22 caliber revolver to another person in Albany. Two prior felony state convictions for burglary prevented Greenholtz from legally possessing the firearm in New York.
Greenholtz faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on April 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.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force. This case is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Ballston Spa Man Sentenced to 120 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Jason Novoa, age 38, of Ballston Spa, New York, was sentenced today to 120 months in prison for receipt and possession of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Senior United States District Judge Gary L. Sharpe also sentenced Novoa to 20 years of supervised release, to begin following his term of imprisonment. Novoa was also ordered to pay $5,000 in restitution to one of the victims portrayed in the child pornography he possessed. He will be required to register as a sex offender upon his release from prison.
Novoa pled guilty on July 17, 2018. Novoa admitted that, over a period of at least 5 years, he used a laptop computer equipped with peer-to-peer file-sharing software to search for and download videos and images depicting child pornography. Novoa further admitted that between June 9 and June 13, 2017, he made available for download over 800 images of child pornography. Novoa additionally possessed approximately 30 video files and 310 image files depicting child pornography on June 29, 2017, when the laptop was seized by investigators.
This case was investigated by the FBI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Schaghticoke Man Arrested for Transportation of Child PornographyRead the Press Release
ALBANY, NEW YORK – Jake Alexander Cruse, age 32, of Schaghticoke, New York, was arrested on December 12 on charges of transporting 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).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty. Cruse appeared on December 12 before United States Magistrate Judge Christian F. Hummel. Following a detention hearing held yesterday, Cruse was detained pending trial.
If convicted, Cruse faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Additionally, if convicted, Cruse would be required to register as a sex offender.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
New Jersey Man Sentenced to 135 Months for Leading Capital Region Drug Trafficking RingRead the Press Release
ALBANY, NEW YORK – Darren Clay Robinson, aka “Mountain,” age 54, of Teaneck, New Jersey, was sentenced today to 135 months in prison, to be followed by 8 years of supervised release, for conspiring with more than 10 people to distribute heroin, crack cocaine and cocaine throughout the Capital Region.
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, Robinson admitted that from August 2016 to May 2017, he worked with others to distribute heroin, cocaine base (a/k/a crack cocaine) and cocaine in Albany and Schenectady Counties. Robinson admitted to distributing between 3.5 kilograms and 5 kilograms of cocaine as part of the conspiracy.
Robinson, who has 3 prior drug felony convictions, stored drugs at a residence in Schenectady that he shared with a co-conspirator. On May 11, 2017, law enforcement executing a warrant there seized approximately 300 grams of cocaine, 75 grams of heroin and 25 grams of crack cocaine. At the residence, Robinson also possessed glass mixing cups, 4 digital scales, cutting agents, and various packaging materials, all used in the packaging and distribution of drugs.
Also, on May 10, 2017, law enforcement in Ulster County found, hidden in the engine compartment of the car that Robinson was driving, a bag containing approximately 100 grams of cocaine.
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 the Schenectady Police Department, Schenectady County District Attorney’s Office, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision. This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Emmanuel Lucero-Saavedra, age 40, and a citizen of Mexico, was sentenced yesterday to time served (11 months in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Lucero-Saavedra has been previously removed from the United States to Mexico four times, the most recent removal taking place on June 27, 2015. On January 10, 2018, he was encountered and arrested by an ICE Officer in Albany. Lucero-Saavedra admitted that he returned to the United States without permission following the June 27, 2015 removal.
Following sentencing, Lucero-Saavedra was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Ernesto Bautista Juarez, age 25, and a citizen of Mexico, was sentenced yesterday to time served (28 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Bautista Juarez has been previously removed from the United States to Mexico three times, the most recent removal occurring on March 28, 2015. On November 15, 2018, he was encountered and arrested by an ICE Officer in Saratoga Springs, New York. A fingerprint check of Bautista Juarez resulted in the discovery of the prior removals. Bautista Juarez admitted that he returned to the United States without permission following the March 28, 2015 removal. Bautista Juarez has never been authorized to enter or reside in the United States.
Following sentencing, Bautista Juarez was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Destruction of Government PropertyRead the Press Release
ALBANY, NEW YORK – Moises Orozco Castaneda, age 57, and a citizen of Mexico, was sentenced yesterday to time served (41 days in jail), for misdemeanor destruction of government property.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Orozco Castaneda, an illegal alien, was arrested by ICE in Troy, New York, in June 2018. ICE released Orozco Castaneda from custody but the conditions of his release required that he wear an ankle-monitoring device so that his release could be supervised by ICE. On September 11, 2018, ICE was notified that the monitoring device had been removed from Orozco Castaneda’s ankle. The device was recovered in Troy that same day. Orozco Castaneda was encountered at an Albany bus station and he admitted to cutting off the device.
Following his sentencing, Orozco Castaneda was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Haitian Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Faveur Cassamajor, age 45, and a citizen of Haiti, was sentenced yesterday to time served (56 days in jail), and a 2-year term of post-release supervision, for illegal re-entry into 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.
Cassamajor was ordered removed from the United States to Haiti on November 6, 2002. Cassamajor was not removed and instead was released to reside in the United States. On August 21, 2017, Cassamajor departed the United States while the removal order was pending and entered Canada. On October 18, 2018, he was encountered and arrested by a Border Patrol Agent just south of the border after he entered the United States without inspection approximately three miles west of the Champlain Port of Entry. A fingerprint check of Cassamajor resulted in the discovery of the active removal order. Cassamajor admitted that he returned to the United States without permission.
Following the sentencing, Cassamajor was remanded to the custody of the Department of Homeland Security, for removal from the United States.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Schenectady Felon Admits to Gun and Drug CrimesRead the Press Release
ALBANY, NEW YORK – James Haskins, age 42, of Schenectady, New York, pled guilty today to possessing and intending to distribute crack cocaine and possessing a firearm in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
Haskins, who has 6 prior felony convictions, admitted that on April 11, 2018, he possessed 152 grams of crack cocaine and a .380 caliber pistol and ammunition in Schenectady. He further admitted that he intended to distribute the crack cocaine to others in exchange for cash, and that he possessed the firearm, which he obtained illegally, to protect his crack and drug proceeds from potential robbers.
Haskins faces at least 15 years and up to life in prison, a fine of up to $250,000, and at least 8 years of post-release supervision when he is sentenced by Senior United States District Judge Norman A. Mordue on April 17, 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.
This case was investigated by the ATF and Schenectady County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Peruvian Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
SYRACUSE, NEW YORK – Johny Elvis Vela Molina, age 39, and a citizen of Peru, was sentenced today to time served (44 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas R. Decker, Director of the New York Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Vela Molina was removed from the United States to Peru on December 8, 2009. On October 29, 2018, he was encountered and arrested by an ICE Officer in Wallkill, Ulster County, New York. A fingerprint check of Vela Molina resulted in the discovery of the prior removal. Vela Molina admitted that he returned to the United States without permission following the 2009 removal. Vela Molina has never lawfully entered the United States.
Following sentencing, Vela Molina was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Admits Transportation of Illegal AliensRead the Press Release
UTICA, NEW YORK – Laura Olguin Mercado, age 30, and a Mexican citizen living in Lafayette, Indiana, pled guilty today to transporting illegal aliens within 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.
As part of her plea, Olguin Mercado admitted that on June 22, 2018 she drove to a remote spot along the Canadian border in northern Vermont and picked up three illegal aliens from Mexico who were waiting there. After picking them up, Olguin Mercado drove west and south away from the border until she reached Interstate 87 and proceeded south. As she drove south on Interstate 87 with her passengers, Olguin Mercado was required to stop at the Border Patrol checkpoint near North Hudson, New York. Border Patrol determined that three passengers in Olguin Mercado’s car were illegal aliens who had just illegally crossed the border into the United States from Canada. Olguin Mercado admitted that she knew the people she picked up and transported had illegally entered the United States from Canada. Olguin Mercado admitted that she intended to drive the three people to Indiana.
As a result of her conviction, Olguin Mercado faces up to 5 years in prison and a fine of up to $250,000 when she is sentenced by United States District Judge David N. Hurd on April 11, 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.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Four Sentenced for Roles in Plattsburgh Heroin Distribution ConspiracyRead the Press Release
ALBANY, NEW YORK – Kyle Touchstone, age 31, of Plattsburgh, New York; Melissa Kusalonis, age 37, of Plattsburgh; Anthony DeFilippo, age 37, of Schenectady, New York; and Luke Kiroy, age 34, of Saranac, New York, were sentenced yesterday and today for conspiring to distribute heroin.
The announcement was made by United States Attorney Grant C. Jaquith; Acting Special Agent in Charge Keith Kruskall, U.S. Drug Enforcement Administration (DEA), New York Division; and Clinton County Sheriff David Favro.
Touchstone was sentenced to 84 months in prison and 4 years of supervised release; Kusalonis to 41 months in prison and 3 years of supervised release; DeFilippo to 46 months in prison and 3 years of supervised release; and Kiroy to 3 years of probation and a $1,000 fine.
As part of their guilty pleas, Touchstone and Kusalonis admitted to obtaining nearly a kilogram of heroin from Jimolo Coates, a.k.a. “Brodie,” in Annapolis, Maryland, and DeFilippo in Schenectady between June 2016 and May 2017, and selling the heroin in Plattsburgh. DeFilippo admitted to regularly providing Touchstone and Kusalonis with heroin in Schenectady, and Kiroy admitted to transporting heroin from Annapolis to Plattsburgh with Kusalonis.
Touchstone, Kusalonis, DeFilippo, and Kiroy were charged with six other people in two related indictments pertaining to a heroin-distribution ring that transported heroin from Annapolis and Schenectady and sold it in the Plattsburgh area. In addition to Touchstone, Kusalonis, DeFilippo, and Kiroy, five other defendants pled guilty and were sentenced as follows:
Defendant
Sentence
Jimolo Coates, a.k.a. “Lo,” Marlo,” “Brodie,” age 25, of Annapolis, Maryland
188 months in prison, to be followed by 8 years of supervised release
Tynaejah Thompson, a.k.a. “Naee,” age 20, of Annapolis, Maryland
18 months in prison, to be followed by 3 years of supervised release
Kiara Scott, age 29, of Annapolis, Maryland
3 years of probation, including 6 months of home detention
Charles Adams, a.k.a. “Chuck,” age 33, of Peru, New York
37 months in prison, to be followed by 4 years of supervised release
Travynn Ippolito, a.k.a “Trav,” age 30, of Plattsburgh, New York
30 months in prison, to be followed by 3 years of supervised release
The tenth defendant, Danielle Conners, age 33, of Plattsburgh, was convicted at trial and is scheduled to be sentenced on March 5, 2019.
The convictions are the result of a nearly yearlong investigation led by the DEA Task Force in Plattsburgh, which consists of law enforcement officers from the DEA, Homeland Security Investigations, United States Border Patrol, New York State Police, Clinton County Sherriff’s Office, Essex County Sheriff’s Office, and the Plattsburgh Police Department. The U.S. Department of Justice, Office of the Inspector General, as well as the New York State Department of Corrections and Community Supervision, assisted in the investigation.
The case is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita.
Finance of America Mortgage to Pay $14.5 Million to Resolve False Claims Act Liability Involving FHA Mortgage LendingRead the Press Release
ALBANY, NEW YORK – Finance of America Mortgage LLC has agreed to pay the United States $14,500,000 to resolve allegations that Gateway Funding Diversified Mortgage Services, L.P. (Gateway), which it acquired in 2015, violated the False Claims Act by knowingly originating and underwriting deficient mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA), announced United States Attorney Grant C. Jaquith.
“Gateway misrepresented that its federally-insured loans met HUD’s quality standards, harming borrowers who were left underwater on their homes and taxpayers who backed the mortgages,” said United States Attorney Jaquith. “We are committed to holding mortgage lenders accountable when they abuse government programs for their own gain.”
During the time period covered by the settlement, Gateway participated as a direct endorsement lender (DEL) in the FHA insurance program. A DEL has the authority to originate, underwrite and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD, FHA’s parent agency, for the losses resulting from the defaulted loan. Under the DEL program, the FHA does not review a loan for compliance with FHA requirements before it is endorsed for FHA insurance. DELs are therefore required to follow program rules designed to ensure that they are properly underwriting and certifying mortgages for FHA insurance, to maintain a quality control program that can prevent and correct deficiencies in their underwriting practices, and to self-report any deficient loans identified by their quality control program.
The settlement announced today resolves allegations that Gateway failed to comply with certain FHA origination, underwriting and quality control requirements. As part of the settlement, Gateway admitted that the company failed to audit all early-payment default loans (EPD) as required by HUD and, on those occasions when it did audit these loans, it “ignored calls from its compliance department regarding the company’s poor EPD rate for FHA loans.” Gateway also admitted that, in late 2011, some of its senior executives learned that the company’s one-year compare ratio (a figure HUD uses to compare lenders, with a higher ratio indicating that a lender has an unusually high default percentage compared to its peers) was increasing due, in part, to Gateway’s origination activities out of its Horsham, Pennsylvania headquarters and certain branch offices. Many of those same executives were then told in early 2014 that the same underwriters and offices identified in 2011 continued to “show a pattern of poor performance” on EPD loans. Gateway also admitted that it failed to adhere to HUD’s self-reporting requirements for loans containing material deficiencies. Notably, Gateway acknowledged that its conduct and omissions resulted in HUD insuring many loans approved by Gateway that were not eligible for FHA mortgage insurance under the DEL program.
“This investigation, along with others similar to it, represents our steadfast commitment toward protecting the integrity of federal housing programs,” said Michael Powell, Special Agent in Charge, Joint Civil Fraud Division, HUD’s Office of Inspector General (HUD-OIG). “It further reaffirms our intent to pursue those who exploit HUD programs for corporate gain.”
This investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act, 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, a former Gateway employee, will receive $2,392,500 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-750.
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 Department of Justice’s Civil Division, HUD-OIG, and HUD. The United States was represented by Assistant U.S. Attorney Adam J. Katz and Department of Justice Trial Attorneys Christopher Reimer and Harin Song.
Troy Man Sentenced to 92 Months for Cocaine and Crack ConspiracyRead the Press Release
ALBANY, NEW YORK – Tyrone D. Marshall, age 37, of Troy, New York, was sentenced yesterday to 92 months in prison, to be followed by 6 years of supervised release, for conspiring to distribute cocaine and crack cocaine in Albany and Rensselaer Counties.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty on August 15, 2018, Marshall admitted that from February 2017 to April 2017, he worked with others to acquire cocaine; cook and otherwise convert the cocaine into cocaine base (a/k/a crack cocaine); and sell crack cocaine and cocaine in Albany and Rensselaer Counties. Marshall admitted that a co-conspirator typically acquired cocaine from a source of supply in the City of Albany and then brought the cocaine to his residence in Troy, where they would cook the cocaine into crack for resale.
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 the New York State Police and New York Department of Corrections and Community Supervision, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Troy Man Sentenced to 60 Months for Intending to Distribute Crack CocaineRead the Press Release
ALBANY, NEW YORK – Jaquan Walker, age 24, of Troy, New York, was sentenced yesterday to 60 months in prison for 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).
Walker admitted that on September 2, 2017, while in Troy, he possessed approximately 47 grams of crack cocaine, which he intended to distribute.
This case was investigated by the FBI and the Troy Police Department, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Troy Man Arrested for Attempted Enticement and Coercion of a MinorRead the Press Release
ALBANY, NEW YORK – Michael Varian, age 52, of Troy, New York, appeared today in federal court on a charge that he attempted to entice a minor into sexual activity.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the criminal complaint, Varian, a school bus driver, attempted to entice and coerce an individual, whom he believed to be a 14-year-old boy, to engage in sex. After weeks of exchanging sexually explicit text messages with undercover law enforcement officers posing as the boy, Varian arranged to meet the boy at a location in Albany County, where Varian was arrested.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty. If convicted, Varian faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Additionally, if convicted, Varian would be required to register as a sex offender.
Varian appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending a detention hearing scheduled for December 12, 2018.
Anyone with information relevant to this investigation may contact the FBI’s Albany Field Office at (518) 431-4866.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of state and local law enforcement agencies, including the Town of Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Megan Kinsella Kistler.
Saratoga County Man Sentenced for Lying During Attempt to Buy a GunRead the Press Release
ALBANY, NEW YORK – Michael Bramer, Jr., age 32, of Saratoga County, New York, was sentenced yesterday to time served (42 days in jail) and 3 years of supervised release for knowingly making a false statement to a licensed dealer in connection with the attempted acquisition of a firearm.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
A jury convicted Bramer following a 2-day trial in August 2018. Evidence presented during the trial established that on October 24, 2016, Bramer lied on a Federal Firearm Transaction Record – also known as an ATF Form 4473 – in connection with his attempt to buy a Savage .243 Axis rifle.
When asked on the ATF Form 4473 whether he was “subject to a court order restraining you from harassing, stalking, or threatening . . . an intimate partner?” Bramer responded “No.” The jury found that Bramer knew he was subject to such a court order when, 11 days earlier, on October 13, 2016, he appeared in Malta Town Court and was issued a Temporary Order of Protection, ordering him to refrain from assaulting, harassing, stalking, threatening and committing any criminal offense against an intimate partner, which was signed by both Bramer and the judge.
At sentencing, Senior United States District Judge Gary L. Sharpe found that Bramer demonstrated that he intended to purchase the firearm solely for lawful sporting purposes.
This case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Guatemalan Woman Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Erla Maribel Ambrocio Ixlaj, age 30, and a citizen of Guatemala, was sentenced today to time served (114 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Ambrocio Ixlaj has been previously removed from the United States to Guatemala three times, the most recent removal taking place on August 5, 2014. On August 19, 2018, she was encountered and arrested by an ICE Officer in Walton, Delaware County, New York. A fingerprint check of Ambrocio Ixlaj resulted in the discovery of the prior removals. Ambrocio Ixlaj admitted that she returned to the United States without permission following the August 5, 2014 removal. Ambrocio Ixlaj has never had lawful authority to enter or reside in the United States.
Following her sentencing, Ambrocio Ixlaj was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Audiology Practice with Locations Throughout Central New York to Pay More Than $566,000 to Settle False Claims Act ClaimsRead the Press Release
ALBANY, NEW YORK – Oviatt Hearing and Balance, LLC (Oviatt), which operates audiology practices in Syracuse, Camillus, Manlius, and Oswego, New York, has agreed to pay $566,263.08 to resolve allegations that it violated the False Claims Act by falsely billing the federal government for services rendered by unlicensed individuals and by inappropriately providing gift cards and other inducements to Medicare and TRICARE beneficiaries. The announcement was made by United States Attorney Grant C. Jaquith and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (HHS-OIG).
United States Attorney Jaquith said: “Oviatt Hearing and Balance provided improper inducements to attract patients, allowed audiology testing by unlicensed and unsupervised employees, and then falsely billed Medicare and TRICARE as if the exams had been done by professionally licensed audiologists. We are committed to protecting patients and holding providers accountable for dishonest practices that undermine the integrity of our health care system and thankful for the thorough investigation by HHS-OIG in this case.”
Today’s settlement resolves allegations that Oviatt violated the False Claims Act in two respects. First, Oviatt allowed unlicensed individuals, while working alone with no licensed audiologist or other qualified provider onsite, to perform audiology examinations on federal health care program beneficiaries. Oviatt then submitted claims for payment for those examinations to Medicare and TRICARE, which falsely identified licensed audiologists as the rendering providers. Second, Oviatt offered and provided kickbacks in the form of improper inducements to federal health care program beneficiaries so that they would come to Oviatt where services billable to the federal government were available. The inducements included entering beneficiaries into a contest for a free iPad, and offering beneficiaries free Butterball turkeys, $15 Visa gift cards, $15 Dunkin Donuts gift cards, and $30 Omaha Steaks gift cards.
As part of the settlement, Oviatt admitted that: “(i) on various occasions from July 2011 through January 2018, Oviatt offered and provided improper inducements in the form of gift cards, gift checks, iPads, and similar promotions to Federal health care program beneficiaries, and (ii) on various days from January 2016 through November 2016, Oviatt allowed two unlicensed individuals, who were alone in the office and unsupervised, to perform audiology tests on Federal health care program beneficiaries and then Oviatt billed those services to Medicare and TRICARE as though they had been rendered by a licensed provider.”
“Oviatt Hearing and Balance compromised the integrity of the Medicare program, and failed to ensure that quality health care services were provided to their patients,” said Scott J. Lampert, Special Agent in Charge of HHS-OIG. “HHS-OIG is committed to holding providers accountable for their practices.”
This investigation was triggered by a whistleblower lawsuit filed under the qui tam provision of the False Claims Act, which allows 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 $120,000 of the settlement proceeds. The case is docketed with the U.S. District Court for the Northern District of New York under number 5:16-cv-1217.
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 and HHS-OIG. The United States was represented by Assistant U.S. Attorney Adam J. Katz.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Alejandro Quintero-Marquez, age 34, and a citizen of Mexico, was sentenced today to time served (135 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Quintero-Marquez has been previously removed from the United States to Mexico three times, the most recent removal taking place on July 30, 2010. On July 28, 2018, he was encountered and arrested by an ICE Officer in Walton, Delaware County, New York. A fingerprint check of Quintero-Marquez resulted in the discovery of the prior removals. Quintero-Marquez admitted that he returned to the United States without permission following the July 30, 2010 removal. Quintero-Marquez has never had lawful authority to enter or reside in the United States.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Men Plead Guilty to Transportation of Illegal AliensRead the Press Release
ALBANY, NEW YORK – Daniel Santana, age 49, of New York City, and Sandy Santana-Soto, age 35, of Kissimmee, Florida, each pled guilty today to transporting two illegal aliens within 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.
As part of their respective pleas, Santana and Santana-Soto each admitted that on June 13, 2018, they drove together to the Massena Port of Entry, New York, and entered the United States from Canada. Simultaneously, Manuela Marina Del Pillar Soto-Garcia and Manuel de Jesus Polanco-Feliz were being smuggled across the border by boat approximately 5 miles east of the Massena Port of Entry, avoiding United States immigration and customs inspection. Soto-Garcia and Polanco-Feliz were delivered to a restaurant parking lot near Hogansburg, New York, by an unidentified smuggler.
After entering the United States, Santana and Santana-Soto drove to the parking lot and picked up Soto-Garcia and Polanco-Feliz. Santana and Santana-Soto exited the parking lot and drove west on New York State Route 37 until they stopped at a gas station in Hogansburg. While at the gas station, Border Patrol approached the group, determined that Soto-Garcia and Polanco-Feliz were both aliens unlawfully present in the United States, and arrested all four individuals.
The passengers, Soto-Garcia and Polanco-Feliz, were prosecuted for the misdemeanor offense of entry without inspection.
Soto-Garcia, age 55, and a citizen of the Dominican Republic, was convicted on July 10, 2018 and sentenced to 35 days in jail. Polanco-Feliz, age 27, and a citizen of the Dominican Republic, was convicted on July 5, 2018, and sentenced to 22 days in jail and to pay a $200 fine.
As a result of their felony convictions, Santana and Santana-Soto each face up to 5 years in prison and a fine of up to $250,000 when they are sentenced by Senior United States District Judge Thomas J. McAvoy on April 16, 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.
These cases were investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Otsego County Man Arrested for Receipt and Distribution of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Justin Hobbie, age 41, of Springfield Center, New York, appeared today in federal court on charges that he received and distributed child pornography over the internet.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
According to the federal criminal complaint, Hobbie received and distributed images of child pornography using a peer-to-peer file sharing program. An initial review of his desktop computer revealed that it contained numerous video files depicting child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Hobbie faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Additionally, if convicted, Hobbie would be required to register as a sex offender.
Hobbie appeared today before United States Magistrate Judge Thérèse Wiley Dancks, who ordered him detained pending a detention hearing scheduled for December 12, 2018.
Anyone with information relevant to this investigation may call HSI’s Albany office at (518) 220-2129.
This case is being investigated by HSI Albany with assistance from the New York State Police Computer Crimes Unit, the Internet Crimes Against Children Task Force and U.S. Customs and Border Protection Air and Marine Operations, and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Utica Man Sentenced to 130 Months for Cocaine Trafficking ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Jeffrey Rivera, age 36, of Utica, New York, was sentenced today to 130 months in prison for his participation in a drug trafficking conspiracy involving in excess of 5 kilograms of cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and Keith G. Kruskall, Acting Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
Chief United States District Judge Glenn T. Suddaby also ordered Rivera to serve 5 years of post-imprisonment supervised release, and to forfeit $13,400 in drug proceeds to the United States.
The charges stemmed from a multi-agency investigation, beginning in 2016, into the drug trafficking activities of Rivera and his co-conspirators in and around Utica.
This case was investigated by the DEA, New York State Police, Oneida County Sheriff’s Office, Oneida County District Attorney’s Office, Onondaga County Sheriff’s Office, Onondaga County District Attorney’s Office, Rome Police Department, Utica Police Department, Yorkville Police Department, and U.S. Customs and Border Protection, and was prosecuted by Assistant U.S. Attorney Katherine A. King.
Troy Tax Preparer Sentenced to 30 Months on Identity Theft, False Claims ConvictionsRead the Press Release
UTICA, NEW YORK – Bryant C. Hardnett, age 45, of Watervliet and Cohoes, New York, was sentenced today to 30 months in prison, to be followed by 3 years of supervised release, for stealing the personal identifying information of children and using it to falsely claim the children as his own dependents on his tax returns.
The announcement was made by United States Attorney Grant C. Jaquith and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.
As part of his guilty plea on May 22, 2018, Hardnett admitted that he formerly operated a tax preparation business, BH Tax Services, from a storefront in downtown Troy, New York. Through that business, Hardnett met a woman who asked him to file a tax return in her name for the year 2013. She provided her two children’s personal identifying information, including their names and Social Security Numbers. Hardnett never filed a tax return in the woman’s name, and instead falsely claimed the two children as his nephews and dependents on his tax returns filed with the IRS in 2013, 2014 and 2015.
United States District Judge David N. Hurd found that Hardnett caused a total loss to the government of at least $125,331.31, including related conduct to which Hardnett did not plead guilty. Judge Hurd ordered Hardnett to pay $25,000 in restitution to the IRS, and barred him from filing a tax return for anyone other than himself, while he is on supervised release. In the plea agreement, Hardnett also agreed to be permanently enjoined from ever filing a tax return for anyone other than himself.
This case was investigated by IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Mexican Citizen Sentenced for Smuggling Illegal AlienRead the Press Release
ALBANY, NEW YORK – Feliciano Felipe Diaz-Estrada, also known as Feliciano Villas-Estrada, age 56, and a Mexican citizen residing in Long Island City, New York, was sentenced today to time served (18 days in jail), followed by a one-year period of supervised release, and a fine of $1,000, for transporting an illegal alien within 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.
On May 21, 2018, Diaz-Estrada drove to Montreal, Canada, where he met with David Lopez-Garcia.
Diaz-Estrada then drove to the Champlain Port of Entry, New York, and entered alone. Simultaneously, Lopez-Garcia walked across the border one-half mile east of the Champlain Port of Entry and avoided United States immigration and customs inspection. Lopez-Garcia walked to a spot south of the border where he waited for Diaz-Estrada.
After entering the United States during the early morning of May 22, 2018, Diaz-Estrada drove to a cemetery in Champlain, New York, where he stopped and picked up the waiting Lopez-Garcia. Border Patrol Agents observed the pickup and followed Diaz-Estrada as he entered I-87 southbound. After he entered I-87 southbound, Diaz-Estrada was stopped and arrested by Border Patrol Agents. The passenger, Lopez-Garcia, was arrested and prosecuted for the misdemeanor offense of entry without inspection.
Lopez-Garcia, age 46, and a citizen of Mexico residing in Charlotte, North Carolina, was convicted on June 5, 2018 and sentenced to 15 days in jail.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Florida Company Pleads Guilty to Structuring Financial TransactionsRead the Press Release
ALBANY, NEW YORK – Latam Games, LLC of Miami, Florida, pled guilty today to structuring financial transactions to evade currency reporting requirements.
The announcement was made by United States Attorney Grant C. Jaquith; Keith Kruskall, Acting Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA); and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.
A bank is required to report a customer’s deposits of more than $10,000 in currency in a single transaction. According to the plea agreement, between March 2013 and June 2013, to avoid these reports, Latam Games’s corporate officers broke cash deposits into amounts of less than $10,000 and deposited these smaller amounts in Florida, California, and New Jersey. For example, the company deposited $4,240 on March 18, 2013, $7,445 on March 19, and $9,560 on March 20. The company deposited $9,045 on April 25, 2013, and $9,000 the following day.
Latam Games admitted that it willfully violated federal law against structuring as part of a pattern of illegal activity involving more than $100,000 in a 12-month period.
Latam Games will be sentenced by Senior United States District Judge Lawrence E. Kahn on April 11, 2019, and faces a fine of up to $1 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.
Latam Games has also agreed to forfeit $2,076,155.11 to the United States.
This case was investigated by the DEA and IRS-Criminal Investigation, and is being prosecuted by First Assistant U.S. Attorney Elizabeth C. Coombe and was investigated by Assistant U.S. Attorney Jeffrey Coffman. Assistant U.S. Attorney Adam Katz represented the United States in the civil forfeiture action.
Dutchess County Felon Sentenced to 24 Months for Illegal Possession of FirearmsRead the Press Release
ALBANY, NEW YORK – Christopher Mikelinich, age 53, of Wingdale, New York, was sentenced today to 24 months in prison for illegally possessing a stolen 12 gauge, semi-automatic shotgun over an approximately two-and-a-half year period in which he resided in Columbia County, New York.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Senior United States District Judge Norman A. Mordue also sentenced Mikelinich to 3 years of supervised release, to begin following his term of imprisonment.
As part of his guilty plea, Mikelinich admitted that between November 2014 and February 2017, he possessed the shotgun while residing in Ancram, New York. The shotgun had previously been stolen from its owner’s vehicle in New Windsor, New York, in 2004, and was purchased by the defendant from a co-worker. Two prior felony convictions, including a prior federal conviction for being a felon in possession of firearms, prevented Mikelinich from legally possessing the firearm.
At Mikelinich’s sentencing, Judge Mordue determined that Mikelinich unlawfully possessed two additional firearms.
This case was investigated by ATF, the New York State Police, the Columbia Country District Attorney’s Office, and the Columbia County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Brooklyn Man Sentenced to 87 Months on Firearm and Drug ConvictionsRead the Press Release
ALBANY, NEW YORK –Emmanuel Philippe, age 23, a citizen of Haiti residing in Brooklyn, New York, was sentenced today to 87 months in prison for possessing a firearm in furtherance of a drug trafficking crime, possessing a firearm and ammunition as a felon, and possessing and intending to distribute crack cocaine.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Saratoga Springs Police Chief Gregory Veitch.
Philippe is a lawful permanent resident of the United States and citizen of Haiti. After he completes his term of imprisonment, he will be placed into immigration proceedings.
Philippe was convicted following a 4-day trial in July and August 2018, presided over by United States District Judge Mae A. D’Agostino.
Evidence presented during the trial established that on March 17, 2017, at about 3 a.m., Philippe was the subject of a routine traffic stop, for speeding, on West Avenue near the YMCA in Saratoga Springs, New York. Philippe gave Officers a fake name and a fake Massachusetts driver’s license, and said he was on his way to a hotel in Schenectady, New York.
A Saratoga Springs Police Officer detected the smell of marijuana, and Philippe admitted to having marijuana in his car. Officers ordered Philippe and his passenger out of the car so they could search it. During the search, Philippe and his passenger stood on the side of the road in the presence of Officers.
Philippe became visibly nervous as an Officer searched the trunk, and attempted on several occasions to approach the trunk, falsely claiming that his jacket was inside. Officers asked him to back away from the trunk.
While searching the trunk, an Officer found a plastic bag containing a loaded rifle magazine and rounds of .223 caliber ammunition. As the Officer called her Sergeant over to see what she had found, Philippe took off running, through a snow-covered field, in the direction of the YMCA. Officers quickly and safely arrested Philippe in the YMCA parking lot, and found him in possession of 35 baggies containing crack cocaine.
In the trunk, Officers located a Windham Weaponry semi-automatic rifle, loaded with a 30-round magazine and with its safety turned off; another loaded, 30-round magazine; a total of 165 rounds of Federal .223 caliber ammunition; and 22 rounds of Federal 9 millimeter ammunition. In Philippe’s possession and in the car, Officers also located $1,610 in cash, 2 digital scales, and drug packaging materials.
At the time of the crimes, Philippe had a prior felony conviction for attempted grand larceny, from Saratoga County Court.
This case was investigated by the ATF and Saratoga Springs Police Department, with the assistance of the Saratoga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.