Northern District of New York

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

LaVigne, a Certified Public Accountant (“CPA”) who practiced in the Ithaca, New York, area for more than 30 years, filed for personal bankruptcy in 2004.  At the time, he owed approximately $7.6 million to over 80 unsecured creditors following a failed scheme to use their money to purchase sports and entertainment memorabilia and resell it for a profit.  During the course of LaVigne’s own years‑long bankruptcy, he claimed his home as his only asset, and he did not pay back his 80 investors.  In pleading guilty today, LaVigne admitted that during his bankruptcy he used his CPA practice’s bank accounts to conceal between $3.5 and $9.5 million in assets from the United States Bankruptcy Court and the Office of the United States Trustee.  LaVigne laundered money by depositing funds unrelated to his CPA practice into his business accounts and then used that money for his own benefit and that of his family. In doing so, LaVigne used this money to purchase sports memorabilia, and wrote checks to himself that he never disclosed in his bankruptcy proceeding as required by law.

LaVigne also admitted to defrauding a client of $1 million as part of a mail fraud scheme.  Between 2014 and 2016, LaVigne convinced the victim, a senior citizen, to pay $3.6 million for shares of a company that LaVigne created, which he (LaVigne) claimed would develop a piece of waterfront property at 101 Pier Road in Ithaca.  After the victim bought 90% of the company, LaVigne obtained an additional $1 million from her, purportedly to invest in the company.  LaVigne did not use the $1 million to invest in the company, and never developed the property.  Instead, he used the victim’s money for his own purposes, which included writing checks to himself, paying for the construction of a house for a family member, and funding payroll for his accounting practice.  LaVigne also laundered payments he received from this scheme through his CPA practice accounts.

LaVigne will be sentenced in Binghamton on July 30, 2019 by Senior U.S. District Judge Thomas J. McAvoy.  At sentencing, LaVigne faces a maximum term of imprisonment of twenty years on the mail fraud count, ten years on the money laundering count, and five years on the bankruptcy fraud count.  The defendant also can be sentenced to pay a fine of up to $250,000 on each count, 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 Internal Revenue Service, Criminal Investigations (IRS-CI) and the Federal Bureau of Investigation (FBI), following a referral from the Office of the United States Trustee for the Northern District of New York.  It is being prosecuted by Assistant U.S. Attorneys Carina H. Schoenberger and Michael F. Perry.

BINGHAMTON, NEW YORK – Patricia L. Williams, age 63, of Binghamton, was sentenced today to 5 years of probation for stealing Social Security benefits deposited into her deceased husband’s bank account and for concealing her receipt of those benefits.

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

A jury voted to convict Williams following a 4-day trial in October 2018.  The evidence demonstrated that the defendant’s husband passed away in 1990, but SSA was never notified of his death.  SSA, believing the defendant’s husband was alive, continued to pay monthly benefits until 2013, which Williams withdrew and spent, knowing she was not entitled to the money.  From 2008 to 2015, the defendant applied for and received Supplemental Security Income (SSI), concealing that she was taking her deceased husband’s benefits.  SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses.

Senior United States District Judge Thomas J. McAvoy also ordered Williams to pay restitution to the SSA in the amount of $32,581.00.

This case was investigated by the SSA Office of the Inspector General, New York Field Division, and was prosecuted by Special Assistant U.S. Attorney Jason W. White.

WASHINGTON – The Justice Department today filed a Statement of Interest in U.S. District Court for the Northern District of New York supporting a church’s claim that the Village of Canton, New York, violated its rights under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) by barring it from locating its church in the Village’s commercial zoning district.

“Federal law protects the ability of religious groups of all faiths to locate and grow their worship sites in communities across the country,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “It includes a requirement that religious assemblies be treated equally with nonreligious assemblies. The Department of Justice is committed to enforcing this and other federal protections for religious freedom.”

“The right to the free exercise of religion includes the freedom to assemble in a house of worship,” said Grant C. Jaquith, United States Attorney for the Northern District of New York. “When faith communities face discrimination through zoning or land use regulation, we will use the full force of federal law to ensure that this fundamental right is not unlawfully infringed.” 

The case, Christian Fellowship Centers of New York, Inc. v. Village of Canton, involves a congregation that purchased property in the Village’s commercial zoning district to use for worship. After the Village denied zoning approval, the church filed a lawsuit alleging that the Village violated RLUIPA because the Village permits other assemblies in the commercial district, including theaters, fraternal organizations and social clubs. The church also stated in court filings that it is seeking to hold worship services this Sunday, March 31, at the property it purchased in the commercial zoning district. The church has no other location options to hold its religious services on that date.

The United States’ Statement of Interest supports the Christian Fellowship Centers of New York Inc.’s argument that RLUIPA’s “equal terms” provision treated the church less favorably than the various other groups permitted in the district.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations.  Last year, the Justice Department announced its Place to Worship Initiative, which focusses on RLUIPA’s provisions that protect the rights of religious institutions to worship on their land.  More information is available at www.justice.gov/crt/placetoworship.

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or on the complaint portal on the Place to Worship Initiative website.

The Justice Department today filed a Statement of Interest in U.S. District Court for the Northern District of New York supporting a church’s claim that the Village of Canton, New York, violated its rights under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) by barring it from locating its church in the Village’s commercial zoning district.

“Federal law protects the ability of religious groups of all faiths to locate and grow their worship sites in communities across the country,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “It includes a requirement that religious assemblies be treated equally with nonreligious assemblies. The Department of Justice is committed to enforcing this and other federal protections for religious freedom.”

“The right to the free exercise of religion includes the freedom to assemble in a house of worship,” said Grant C. Jaquith, U.S. Attorney for the Northern District of New York. “When faith communities face discrimination through zoning or land use regulation, we will use the full force of federal law to ensure that this fundamental right is not unlawfully infringed.” 

The case, Christian Fellowship Centers of New York, Inc. v. Village of Canton, involves a congregation that purchased property in the Village’s commercial zoning district to use for worship. After the Village denied zoning approval, the church filed a lawsuit alleging that the Village violated RLUIPA because the Village permits other assemblies in the commercial district, including theaters, fraternal organizations and social clubs. The church also stated in court filings that it is seeking to hold worship services this Sunday, March 31, at the property it purchased in the commercial zoning district. The church has no other location options to hold its religious services on that date.

The United States’ Statement of Interest supports the Christian Fellowship Centers of New York Inc.’s argument that RLUIPA’s “equal terms” provision treated the church less favorably than the various other groups permitted in the district.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations.  Last year, the Justice Department announced its Place to Worship Initiative, which focusses on RLUIPA’s provisions that protect the rights of religious institutions to worship on their land.  More information is available at http://www.justice.gov/crt/placetoworship.

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or on the complaint portal on the Place to Worship Initiative website.

ALBANY, NEW YORK – An indictment unsealed today charges Jean Patrice Delia, age 43, of Montreal, Canada, and Miguel Sernas, age 40, of Mexico City, Mexico, of conspiring to steal trade secrets belonging to the General Electric Company (GE). The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

The indictment alleges that Delia, while employed by GE Energy in Schenectady, New York, stole thousands of electronic files belonging to GE, including proprietary tools GE developed to calibrate GE-manufactured turbines used in power plants around the world.  Delia and Sernas, operating as ThermoGen Power Services, used the stolen materials to compete against GE. Sernas had also previously worked for GE.  The charge in the indictment is merely an accusation.  The defendants are presumed innocent unless and until proven guilty.

Delia was arraigned today in Albany, New York, before United States Magistrate Judge Christian F. Hummel.  Sernas was arraigned in January. 

The charge filed against Delia and Sernas 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 FBI, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Four Ellenville, New York, residents were arrested this morning for selling large amounts of crack cocaine in the Ellenville area as charged in an indictment returned last week by a federal grand jury.  Three additional defendants charged in the indictment were arrested in December 2018 and January 2019.  In coordination with today’s federal arrests, the Ulster County District Attorney’s Office is prosecuting an additional 15 people who were arrested for selling drugs in Ellenville.

The arrests were announced by United States Attorney Grant C. Jaquith; Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations (HSI), New York; Ulster County Sheriff Juan Figueroa, whose office leads the Ulster Regional Gang Enforcement Narcotics Team (URGENT); Ulster County District Attorney Holley Carnright; New York State Police Acting Superintendent Keith M. Corlett; and Village of Ellenville Police Chief Philip Mattracion.

United States Attorney Grant C. Jaquith stated: “Our efforts to protect our communities from drug dealers who peddle poison rely on teamwork.  Thanks to federal, state, and local law enforcement cooperation, a group that sold deadly drugs in the Ellenville area will now be held accountable in the courts.”

“Naveo and his crew monopolized the drug game in the town of Ellenville and sold deadly fentanyl-laced drugs, showing little regard for the life of users,” said Angel M. Melendez, Special Agent in Charge of HSI New York. “Relying on his criminal reputation, he intimidated any would-be competitors to remain the only game in town. Today’s arrests rid Ellenville of the organization that polluted their communities with dangerous drugs, and reflects HSI’s commitment to work closely with the URGENT partners.”

Ulster County Sheriff Juan Figueroa stated: “Interagency cooperation and shared resources between local, state and federal authorities are keys to keeping criminals at bay. Our communities need to be safe, today is a reminder of the combined effort of law enforcement to keep the peace.”

The federal defendants, all Ellenville residents, are charged with conspiracy to possess with the intent to distribute and to distribute controlled substances, including crack cocaine and heroin mixed with fentanyl, and they face the following penalties:

Defendant

Age

Minimum

Maximum

Antonio Naveo, aka “Gratto,” aka “Green Eyes,”

38

10 years

Life

Margaret Vandyke

56

10 years

Life

Iqwan Mandiville, aka “Qwan”

26

5 years

40 years

Luis Curet

33

5 years

40 years

Jennifer McCombs, aka “Jennifer Marks”

49

5 years

40 years

Randy Mandiville, aka “B-Murda”

30

None

20 years

Edwin Jorge

46

None

20 years

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

A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

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

The federal and state cases are being investigated by HSI; the Ulster County Sheriff’s Office in conjunction with URGENT, an inter-agency taskforce targeting drug dealers and gang members in Ulster County; the New York State Police; the Village of Ellenville Police; and the Ulster County District Attorney’s Office, with assistance provided by the New York State Office of Disability and Temporary Assistance.  The federal case is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.

SYRACUSE, NEW YORK – A jury today convicted Stephen J. Taubert, age 61, of Syracuse,  of making death threats toward former President of the United States Barack Obama and Congresswoman Maxine Waters. The verdict was announced by United States Attorney Grant C. Jaquith, Chief Matthew R. Verderosa, United States Capitol Police, and Special Agent in Charge Lewis Robinson, United States Secret Service, Buffalo, New York Field Office.

The verdict followed a three-day trial in federal court in Syracuse,. Taubert was convicted of threatening to kill a former President of the United States, transmitting a threat via interstate commerce, and threatening to murder a member of Congress with intent to impede, interfere with, or retaliate against a member of Congress during and because of her performance of official duties.

The evidence at trial demonstrated that on June 2, 2017, Taubert made multiple phone calls to the Washington D.C. office of then-Minnesota Senator Al Franken. In two of those calls, Taubert stated that he was planning to go to Washington D.C. the next day to “hang” former President Obama at his home and to kill him. In making these threats, Taubert repeatedly used vile racial slurs directed toward former President Obama.

The evidence at trial also demonstrated that on July 20, 2018, Taubert called the Los Angeles, California district office of Congresswoman Maxine Waters and stated that he would be at every event the Congresswoman attended and that he would kill her and every member of her staff. In making these threats, Taubert directed vile racial slurs toward Congresswoman Waters and her staff.

The evidence at trial included a recorded interview of Taubert, during which he made racist statements and an admission that he called Congresswoman Waters’s office to “terrorize” her in retaliation for public statements she had made.

The jury returned guilty verdicts on all three counts charged in the indictment. The jury also made specific findings that Taubert selected his victims because of their actual or perceived race, color, or ethnicity, which provides an enhancement under the U.S. Sentencing Guidelines for hate-crime motivation.

Taubert is scheduled to be sentenced on July 24, 2019, in Syracuse by Chief United States District Judge Glenn T. Suddaby, who presided over the jury trial. Taubert faces up to 10 years in prison on the retaliation count and up to five years on each of the other two counts. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the United States Capitol Police, Threat Assessment Section, and the United States Secret Service, with assistance from the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Michael F. Perry.

ALBANY, NEW YORK – Michael J. Kurtz, age 55, of Albany, was arrested on Monday on charges that he distributed and received child pornography over the internet.

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, between September 29, 2018 and December 1, 2018, Kurtz received and distributed images of child pornography through a peer-to-peer file sharing program on his home computer.  An initial forensic review of his computer revealed that it contained numerous files depicting child pornography.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Yesterday, Kurtz appeared before United States Magistrate Judge Daniel J. Stewart, who ordered him detained pending further proceedings.

If convicted, Kurtz 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.

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/.

ALBANY, NEW YORK – Yusef Boothman, aka “Rocket,” age 39, of Schenectady, New York, was sentenced today to 46 months in prison, to be followed by 3 years of supervised release, for conspiring to distribute cocaine and crack cocaine with the leader of a drug ring that operated in Schenectady and Albany.

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 August 2016 and May 2017, Boothman redistributed cocaine and crack cocaine received from Darren Clay Robinson, aka “Mountain.”

The following defendants have pled guilty in connection with the conspiracy and been sentenced as follows by United States District Judge Mae A. D’Agostino.  Corey White, aka “Stacks,” pled guilty to conspiring with Robinson to distribute heroin.

Name

Residence

Sentence

Darren Clay Robinson, aka “Mountain”

Schenectady and Teaneck, New Jersey

135 months in prison

8 years of supervision

Corey White, aka “Stacks”

Schenectady

125 months in prison

6 years of supervision

Jose Gilberto Harris

Manhattan

87 months in prison

4 years of supervision

Shenika D. Boyd, aka “Misses”

Albany

46 months in prison

6 years of supervision

Marty Humphrey

Schenectady

15 months in prison

3 years of supervision

Lashaunda Tarver, aka “Shaunda”

Schenectady

Time served

3 years of supervision

Jalessa Scott

Schenectady

Time served (about
14 months in jail)

3 years of supervision

Bobby R. Graham

Albany

Time served

3 years of supervision

Willie C. Hayes, aka “Man”

Schenectady

Time served

3 years of supervision

Kimberly Petties, aka “Shorty”

Schenectady

Time served

3 years of supervision

Manuel Clemente

Manhattan

Time served

3 years of supervision

Kristy L. Smith

Schenectady

Sentencing Pending

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, the U.S. Drug Enforcement Administration, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision.  The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Nelson Rodriguez, age 39, of Amsterdam, New York, pled guilty today to possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a felon.  

The announcement was made by United States Attorney Grant C. Jaquith; Amsterdam Police Chief Gregory J. Culick; and John B. Devito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Rodriguez, who was convicted of attempted murder in 2009, admitted to selling cocaine base (crack) in Amsterdam and to possessing a .25 caliber handgun to protect his drugs and drug proceeds.  The handgun was discovered under Rodriguez’s mattress during the execution of a search warrant on his Amsterdam apartment in August 2017.  Along with the handgun, law enforcement seized 6 grams of crack, 40 individually-wrapped packages of crack, and $2,000 in cash. 

Rodriguez faces at least 5 years and up to life in prison, and a term of post-release supervision of up to 5 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the Amsterdam Police Department and ATF, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

ALBANY, NEW YORK – Derek Boprey, age 32, of Ravena, New York, was sentenced today to 108 months in prison, to be followed by 30 years of supervised release, for distributing child pornography via an encrypted messaging application on his phone.

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, Boprey admitted that on March 23, 2018, he used the Wickr Me messaging application to distribute child pornography over the internet to Benjamin Varieur.  Boprey, using the name “durb30,” sent dozens of images of child pornography, including images depicting the sexual abuse of children as young as 2 years old.  Boprey also pled guilty to possessing child pornography on 2 electronic devices.

Varieur, age 34, of Saratoga Springs, New York, and formerly of the Town of Brunswick, New York, was also sentenced, on January 23, 2019, to 108 months in prison, to be followed by 30 years of supervised release.  United States District Judge Mae A. D’Agostino sentenced both defendants. 

These cases were 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.  These cases were prosecuted by Assistant United States Attorney Michael Barnett.

SYRACUSE, NEW YORK – Sanjay Burton a/k/a Michael Peart, age 34, and a citizen of Jamaica, pled guilty today to conspiring to commit mail and wire fraud, from September 2011 to May 2014.

The announcement was made by United States Attorney Grant C. Jaquith; Inspector in Charge, U.S. Postal Inspection Service (USPIS), Boston Division, Joseph Cronin; and Acting New York State Police Superintendent Keith Corlett.

In pleading guilty, Burton admitted that he conspired with others to place phone calls from Jamaica to individuals located within the United States, and particularly, to senior citizens residing in the United States. During these calls, Burton would advise the victims that they had won large sums of money in a sweepstakes, lottery, or other event.  Burton would then advise the victims that they must first pay taxes or fees in order to collect the winnings.  Burton made false promises to the victims that once they paid these taxes or fees, the winnings would be delivered to them. 

Burton admitted that in August 2012, he contacted a victim located in Oneida County, New York, and advised her that she had won a $250,000 prize, but that to collect the prize, she would need to pay the associated taxes and fees.  This particular victim then wired money to a third party in New York City, who in turn, wired a portion of that money along to Burton in Jamaica.  Over the course of the next year, Burton admitted that he caused the victim to send, via mail, Federal Express, or Western Union, at least $107,930.00 in United States currency, to him directly, or to receivers acting on his behalf, as “payment” for taxes or fees on the victim’s purported prize winnings. The victim never received her purported winnings, which did not exist. 

Burton was charged via indictment in 2014, and was successfully extradited to the United States from Jamaica in late November 2018, with the assistance of the United States Department of Justice, Office of International Affairs. 

Burton pled guilty to one count of conspiring to commit mail and wire fraud, and faces up to 20 years in prison, a term of post-release supervision of up to 3 years, and a fine of up to $250,000, when he is sentenced by Senior United States District Judge Norman A. Mordue on July 15, 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 United States Postal Inspection Service, the New York State Police, and the United States Marshals Service, and is being prosecuted by Assistant U.S. Attorney Katherine A. King.

SYRACUSE, NEW YORK – Anildar Valdimir Roblero-Gomez, age 25, a citizen of Mexico who had been living in Ellisburg, New York, was charged in United States District Court with transportation and possession of child pornography, announced United States Attorney Grant C. Jaquith, New York State Police Acting Superintendent Keith Corlett, and Resident Agent in Charge Jake Healey, Homeland Security Investigations (HSI), Syracuse, New York.

Roblero-Gomez, made his initial appearance in federal court today before United States Magistrate Judge Thérèse Wiley Dancks, who ordered that he be detained pending resolution of the charges.  Roblero-Gomez is also being held on an immigration detainer as he is unlawfully present in the United States. 

The criminal complaint filed against Roblero-Gomez alleges that in September 2018, he transported child pornography by uploading several images and videos depicting minors engaged in sexually explicit conduct to Facebook.  Further, Roblero-Gomez possessed a number of graphic images and videos constituting child pornography on two cellular telephones in his possession at the time of his arrest. 

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

If convicted, Roblero-Gomez faces a mandatory minimum term of 5 years and a maximum sentence of 20 years in prison, a fine of up to $250,000.00 and a term of supervised release of at least 5 years and up to life, as well as mandatory registration as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the New York State Police and the Department of Homeland Security, Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Sahar L. Amandolare.

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

SYRACUSE, NEW YORK – Shawn Bunnell, age 35, of Utica, New York, was sentenced yesterday to serve a term of 600 months in prison after being convicted of ten counts of transportation of child pornography and one count of possession of child pornography, announced United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Chief United States District Judge Glenn T. Suddaby also sentenced Bunnell to a lifetime term of supervised release, to begin following his term of imprisonment.  Bunnell will remain a registered sex offender upon his release from prison. 

A cybertip from the National Center for Missing and Exploited Children to the New York State Police Internet Crimes Against Children Task Force in Utica led to the defendant, who was identified as the person who had used a cell phone to produce images depicting the molestation of a two year old girl.  As part of his guilty plea, Bunnell admitted that from on or about May 30, 2017 through on or about August 15, 2017, he transported numerous image files depicting one or more minors engaged in sexually explicit conduct through servers maintained by Google, Inc. and Dropbox, Inc.  Further, the defendant admitted to possessing a number of graphic video files depicting minors engaging in sexually explicit conduct on a Samsung cellular telephone in his possession.  

The defendant acknowledged that he has a prior conviction relating to sexual abuse or abusive sexual conduct involving a minor, in that on or about March 27, 2003, he was convicted in Oneida County Court of Sexual Abuse in the First Degree, in violation of New York Penal Law, Section 130.65(3), relating to the sexual abuse of a child under the age of 11, and was sentenced to 5 years imprisonment and 3 years post-release supervision.

This case was investigated by the Oneida County Sheriff’s Office, Oneida County Child Advocacy Center, Whitesboro Police Department, Utica Police Department, New York State Police, and Homeland Security Investigations.  It was prosecuted by Assistant U.S. Attorneys Lisa M. Fletcher, Geoffrey J.L. Brown, and Sahar L. Amandolare.

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

ALBANY, NEW YORK – Angel M. Gomez, age 26, of Richmondville, New York, was arrested yesterday on charges of distributing 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).

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

Gomez initially appeared yesterday before United States Magistrate Judge Daniel J. Stewart.  Today, Gomez waived his right to a detention hearing, subject to renewal of that right upon further notice.

If convicted, Gomez faces at least 5 years and up to 20 years in prison, and 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.  Additionally, if convicted, Gomez would be required to register as a sex offender.

This case is being investigated by HSI and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.

SYRACUSE, NEW YORK – Onic Martinez, age 34, of Amsterdam, New York, was sentenced today 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 John B. Devito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Senior United States District Judge Norman A. Mordue also sentenced Martinez to 3 years of supervised release and ordered that he pay restitution in the amount of $48,775.

Martinez, who has two prior felony convictions for robbery, pled guilty on August 30, 2018.  As part of his plea, Martinez admitted that he retrieved dozens of stolen firearms from a storage locker in Schenectady, New York, where Christian Roman and Jose Fontanez hid them shortly after the burglary on October 22, 2017.  In exchange for his assistance, Martinez received several of the stolen firearms.  Martinez was prohibited from possessing firearms because of his criminal record.

Jose Fontanez, age 36, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges.  He is scheduled to be sentenced on April 22, 2019.

Christian Roman, age 24, of Schenectady, pled guilty in 2018 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 in 2018 for their respective roles in stealing, transporting, and possessing the firearms.  Morales and Saez are scheduled to be sentenced on April 22, 2019.

The case was investigated by the ATF, New York State Police, and the Glenville Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Nine people have been charged with operating a heroin distribution ring in Schenectady, New York.

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

The defendants arrested to date, all of whom are charged with conspiracy to possess with intent to distribute and to distribute heroin, are:

• Jean Carlos Rivera-Perez, aka “Tego,” age 44, of Bronx, New York;
• Esteban Ressy, aka “The Boss,” age 43, of Schenectady and Puerto Rico;
• Leamzy Soto Calderon, aka “Lee,” aka “Gordo,” age 28, of Schenectady;
• Linette Marie Soto, age 24, of Schenectady;
• Kristen Jansen, age 27, of Schenectady;
• Jose Cortes-Cruz, aka “Bimbo,” age 28, of Schenectady;
• Gregory Insogna, age 45, of Amsterdam, New York;
• Patrick McNamara, age 47, of Amsterdam. 

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

Ressy, who was arrested in Puerto Rico on January 8, 2019, faces at least 15 years and up to life in prison, and a maximum fine of $20 million. 

Rivera-Perez, Calderon, and Soto each face at least 10 years and up to life in prison, and a maximum fine of $10 million. 

Jansen and Insogna each face at least 5 years and up to 40 years in prison, and a maximum fine of $5 million. 

Cortes-Cruz and McNamara each face up to 20 years in prison and a maximum fine of $1 million. 

The group is alleged to have distributed over a kilogram of heroin in Schenectady between 2017 and December 2018.  In executing search warrants in Schenectady and the Bronx, law enforcement seized hundreds of grams of heroin, cash, and heroin-processing materials. 

This case is being investigated by HSI, the New York State Police, U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Amsterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck. 

ALBANY, NEW YORK – Jose Gilberto Harris, age 59, of Manhattan, New York, was sentenced today to 87 months in prison, to be followed by 4 years of supervised release, for conspiring to distribute cocaine to the leader of a drug ring that operated in Schenectady and Albany.

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 August 2016 and May 2017, Harris supplied Darren Clay Robinson, aka “Mountain,” with large quantities of cocaine that Robinson and others then sold in Schenectady and Albany.  Harris began selling drugs shortly after serving nearly 40 years for a murder he committed in 1976.

As a result of this drug offense, Harris also received a 22-month, consecutive sentence for violating the terms of his state parole.

The following defendants have pled guilty in connection with the conspiracy and been sentenced as follows.  Corey White, aka “Stacks,” pled guilty to conspiring to distribute heroin with Robinson.

Name

Residence

Sentence

Darren Clay Robinson, aka “Mountain”

Schenectady and Teaneck, New Jersey

135 months in prison

8 years of supervision

Corey White, aka “Stacks”

Schenectady

125 months in prison

6 years of supervision

Yusef Boothman, aka “Rocket”

Schenectady

Sentencing Pending

Shenika D. Boyd, aka “Misses”

Albany

46 months in prison

6 years of supervision

Lashaunda Tarver, aka “Shaunda”

Schenectady

Sentencing Pending

Bobby R. Graham

Albany

Time served

3 years of supervision

Marty Humphrey

Schenectady

15 months in prison

3 years of supervision

Jalessa Scott

Schenectady

Time served (about
14 months in jail)

3 years of supervision

Willie C. Hayes, aka “Man”

Schenectady

Time served

3 years of supervision

Kimberly Petties, aka “Shorty”

Schenectady

Time served

3 years of supervision

Manuel Clemente

Manhattan

Time served

3 years of supervision

Kristy L. Smith

Schenectady

Sentencing Pending

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, the U.S. Drug Enforcement Administration, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision.  The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Peter Farnum, age 42, of Clifton Park, New York, was sentenced today to 87 months in prison, to be followed by a 20-year term of supervised release, for possessing child pornography.

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

The sentence follows Farnum’s June 5, 2018 conviction, after a two-week jury trial, for possession of child pornography.  The evidence at trial established that Farnum, a former sergeant with the Saratoga County Sheriff’s Office, possessed more than 1,000 image and video files on his family computer that contained child pornography.  These included, among many others, image files that Farnum imported through the computer’s RealPlayer application while he conducted online research related to his position with the Sheriff’s Office and while his wife was in the hospital. Senior United States District Judge Norman A. Mordue presided over the trial and imposed today's sentence.

This case was investigated by the FBI and its Child Exploitation Task Force, with assistance from the Saratoga County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.  Former Assistant U.S. Attorney Joseph A. Giovannetti prosecuted the case to trial.

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

ALBANY, NEW YORK – Victor M. Diaz, age 29, of Johnstown, New York, was arrested yesterday for possessing and intending to distribute a controlled substance.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and City of Amsterdam Police Chief Gregory J. Culick.

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

According to the criminal complaint, law enforcement executing a search warrant yesterday found Diaz in possession of approximately 1,500 small bags of heroin and/or fentanyl. 

Diaz appeared today before United States Magistrate Judge Christian F. Hummel, who ordered Diaz detained pending further proceedings.  If convicted, Diaz faces up to 20 years in prison, 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 is being investigated by the DEA and the Amsterdam Police Department, with assistance from the New York State Police and the Gloversville Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – Derek Damuth, age 25, of Lowville, New York, was charged today by a federal grand jury with possessing with the intent to distribute in excess of 40 grams of a mixture of fentanyl and heroin, along with possessing additional amounts of cocaine and marihuana, announced United States Attorney Grant C. Jaquith, Lewis County District Attorney Leanne K. Moser, Special Agent in Charge of the United States Drug Enforcement Administration, New York Division (DEA) Raymond P. Donovan, and Acting New York State Police Superintendent Keith Corlett.

The charges in the indictment carry a mandatory minimum term of five years in prison, a maximum sentence of up to forty years in prison, and a fine of up to $5,000,000, along with a term of post-imprisonment supervised release of at least four 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 indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The defendant is currently incarcerated on state offenses, and will make his initial appearance on today’s charges on March 12, 2019, before United States Magistrate Judge Thérèse Wiley Dancks.

This case is being investigated by the United States Drug Enforcement Administration (DEA) and the New York State Police, with assistance from the Lewis County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Katherine A. King.

ALBANY, NEW YORK – Ralph V. Signoracci, IV, age 44, of Cohoes, New York, pled guilty today to conspiring with Cohoes Mayor Shawn Morse to defraud Morse’s supporters by stealing campaign contributions for Morse’s personal benefit. 

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

Signoracci, while a member of the City of Cohoes Common Council and then an Albany County Legislator, served as treasurer of a political committee called “Friends of Shawn Morse,” from approximately November 2013 through January 2019.  He also served as treasurer of the political action committee “The Chairman’s PAC.” 

In pleading guilty, Signoracci admitted that he and Morse solicited and received contributions to the committees.  Signoracci, at Morse’s direction, withdrew funds from the committees’ bank accounts so that Morse could use the funds to pay for his personal expenses, including vacations, entertaining, dining, and home repairs.  Signoracci also admitted to illegally using contributions made to The Chairman’s PAC to directly benefit Morse’s 2015 mayoral campaign. 

Signoracci admitted that on behalf of Morse, he concealed the nature of these expenditures by falsely reporting the purpose of the expenditures or by not reporting or disclosing them on campaign disclosure reports, as was required of local candidates for public office. 

Signoracci pled guilty to one count of conspiring to commit wire fraud, and faces up to 20 years in prison, a term of post-release supervision of up to 3 years, and a fine of up to $250,000, when he is sentenced 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. 

Morse was arraigned on February 28 on an indictment charging him with one count of conspiracy to commit wire fraud, five counts of wire fraud, and one count of making a false statement to the FBI.  The charges against Morse are merely accusations, and he is presumed innocent unless and until proven guilty. 

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Megan Kinsella Kistler. 

SYRACUSE, NEW YORK – Nahshon Nance, age 21, of Syracuse, was sentenced today to serve 46 months in federal prison, to be followed by 3 years of supervised release, in connection with his plea of guilty to possessing a .45 caliber revolver as a convicted felon, announced United States Attorney Grant C. Jaquith, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Syracuse Police Chief Kenton Buckner.

On May 21, 2018 at 11:33 pm, Syracuse Police responded to an Onondaga County 911 dispatch for a physical domestic dispute involving a firearm at an apartment complex located at 111 Smith Lane, Syracuse.  Upon arrival, Police Officer Thomas Miller interviewed the female victim who advised her boyfriend, Nahshon Nance, had threatened her with a pistol, punched her in the face, and stolen her cell phone, before departing her apartment. Syracuse Police began searching the area for Nance. A short time later, the victim saw Nahshon Nance in a nearby part of the apartment complex and pointed him out to police. Officer Miller began a foot pursuit of Nahshon Nance inside this building. As Officer Miller looked around the corner in a hallway, he saw Nance pointing a large framed, silver colored Smith and Wesson .45 caliber revolver at him. Officer Miller yelled for the defendant to drop the firearm. Nance turned and fled down the hallway with Officer Miller in pursuit, at which time the defendant ran into a partially open door, causing him to fall to the ground and drop the loaded pistol. Nance regained his feet and fled down the hallway, leaving the pistol on the floor where Officer Miller secured it. Moments later, other Syracuse Police Officers arrested Nance as he attempted to flee. 

At the time of his arrest, Nahshon Nance was under parole supervision for a previous New York State drug felony conviction.

This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department and was prosecuted by Assistant U.S. Attorney Richard Southwick as part of Project Safe Neighborhoods in cooperation with the Onondaga County District Attorney’s Office.

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

ALBANY, NEW YORK – Moaze Ibrahim, age 33, a citizen of Mali residing in Irvington, New Jersey, was convicted today after a 3-day trial of 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.

Trial evidence showed that on December 29, 2017, Ibrahim drove to an area in Champlain, New York, where he picked up Hachim Rachid just south of the border.  Rachid, age 30, and a citizen of Mali residing in Canada, had just crossed the border on foot and was illegally present in the United States when he was picked up by Ibrahim.  Ibrahim then drove south and east away from the border. 

Rachid triggered a remote sensor as he crossed the border, alerting Border Patrol. Agents responded to the scene and encountered Ibrahim driving Rachid. 

Ibrahim was ordered to jail following the jury’s verdict.  As a result of his conviction, he faces up to 5 years in prison and a fine of up to $250,000 when he is sentenced by United States District Judge Mae A. D’Agostino on July 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.    

Rachid was convicted on January 16, 2018 of the misdemeanor offense of entry without inspection, and sentenced to 30 days in jail.    

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

ALBANY, NEW YORK –Dwayne G. Perkins, age 38, of Albany, was sentenced today to 63 months in prison, to be followed by 4 years of supervised release, for possessing and intending to distribute heroin, cocaine and more than 28 grams of 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).

Perkins was convicted following a 3-day jury trial in September 2018 presided over by United States District Judge Mae A. D’Agostino.   The trial evidence established that the FBI and other law enforcement executed a search warrant on Perkins’s Albany apartment on April 4, 2017.  An FBI Agent searched Perkins and found him to be hiding, in bags attached to his underwear, what turned out to be approximately 42 grams of crack cocaine, 36 grams of cocaine, and 7.5 grams of heroin mixed with fentanyl.  Agents also seized, from the apartment, two digital scales and $1,746 in cash.

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, the New York Department of Corrections and Community Supervision, and the Albany Police Department.  This case was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Danielle Conners, age 33, of Plattsburgh, New York, was sentenced today to time served (7 days in jail), 3 years of supervised release, including 50 hours of community service, and a $1,000 fine, for conspiring to possess with intent to distribute and to distribute heroin.

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 Clinton County Sheriff David Favro.

Conners was convicted following a trial in November 2018.  She was charged along with nine other people in two related indictments related to a heroin-distribution ring that transported heroin from Schenectady and Annapolis, Maryland, and sold it in the Plattsburgh area.  The nine other defendants, all of whom pled guilty, 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

Kyle Touchstone, age 31, of Plattsburgh

84 months in prison, to be followed by 4 years of supervised release

Melissa Kusalonis, age 37, of Plattsburgh

41 months in prison, to be followed by 3 years of supervised release

Anthony DeFilippo, a.k.a. “Flip,” age 37, of Schenectady

46 months in prison, to be followed by 3 years of supervised release

Tynaejah Thompson, a.k.a. “Naee,” age 20, of Annapolis

18 months in prison, to be followed by 3 years of supervised release

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 31, of Plattsburgh

30 months in prison, to be followed by 3 years of supervised release

Kiara Scott, age 29, of Annapolis

3 years of probation, including 6 months of home detention

Luke Kiroy, age 34, of Saranac, New York

3 years of probation and a $1,000 fine

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, also assisted in the investigation.

The case was prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita. 

ALBANY, NEW YORK – Fred Hood, age 56, appeared today in court on a charge that he threatened to kill employees and residents of a Massachusetts veterans services program.

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

According to the complaint, Hood sent multiple electronic messages from a VA facility in Albany to employees and residents of Soldier On, a nonprofit veterans services organization, threatening to commit a shooting attack at a Soldier On residence on the campus of the Northampton VA Medical Center in Leeds, Massachusetts. 

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

The charge in the complaint filed against Hood carries a maximum sentence of 5 years in prison and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Hood appeared today before United States Magistrate Judge Daniel J. Stewart, who ordered Hood detained pending further proceedings. 

This case is being investigated by the U.S. Department of Veterans Affairs Police Department and is being prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.

SYRACUSE, NEW YORK – Mark W. Sweeney, age 60, of Syracuse, appeared today in U.S. District Court on charges that he threated to kill employees of the Syracuse Veterans Affairs Hospital, announced United States Attorney Grant C. Jaquith and Chief Thomas Martin, Department of Veterans Affairs Police, Syracuse.

The charge in the complaint filed against Sweeney 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.

According to the Complaint, Sweeney called into a Veterans Crisis Line and made several threatening statements directed toward VA hospital staff, including that he intended to kill multiple people, and had a plan and the means to do so. 

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

This case is being investigated by the Veterans Affairs Police Department and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian.

ALBANY, NEW YORK – Alphonso L. Howard, Jr., age 28, and Javonte J. Johnson, age 22, both of Decatur, Georgia, were indicted yesterday for creating counterfeit checks and then cashing them at banks in Saratoga and Warren Counties.

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

and New York State Police Acting Superintendent Keith M. Corlett.

Each defendant is charged with one count of conspiring to commit bank fraud, three counts of bank fraud, and three counts of aggravated identity theft. 

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

According to the indictment, between July 1, 2018 and September 26, 2018, the defendants and others defrauded financial institutions by intercepting and stealing checks sent through the U.S. Mail; using information from these legitimate checks to create counterfeit checks drawn on the same financial accounts as the stolen, legitimate checks; and then cashing and attempting to cash the counterfeit checks at financial institutions in Saratoga and Warren Counties.

The New York State Police arrested Howard and Johnson on September 26, 2018, in Queensbury, New York.  Howard and Johnson have been in custody since their arrest, and will be arraigned on the federal charges at a later date. 

If convicted, each defendant faces at least 2 years and up to 30 years in prison, a maximum $1 million fine, and 5 years of post-release supervision.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.  The indictment also seeks forfeiture of approximately $19,000 in cash possessed by the defendants at the time of their arrest, as well as a money judgment in the amount of $164,077.70.

This case is being investigated by the FBI and the New York State Police-Troop G, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.  Other agencies have assisted in the investigation and prosecution, including the District Attorney’s Offices in Saratoga and Warren Counties, the Glens Falls Police Department, the Burlington Police Department (Vt.), Vermont State Police, and the Stowe Police Department (Vt.).

Johnson has also been indicted on grand larceny and other charges in Jefferson County, New York, in a case brought by the Jefferson County District Attorney’s Office and investigated by the Watertown Police Department.  Johnson is presumed innocent of these charges as well.

ALBANY, NEW YORK - Jason Pantone, age 34, of Hyde Park, New York, was arrested and charged in a criminal complaint with mailing envelopes containing suspicious white powder to federal offices in New York and Connecticut, announced United States Attorney Grant Jaquith, James Hendricks, Special Agent in Charge of the Albany Field Division of the Federal Bureau of Investigation (FBI), John Grasso, Special Agent in Charge, Social Security Administration, Office of Inspector General (SSA-OIG), New York Field Division, and Joseph Cronin, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Boston Division. 

Pantone was charged in a criminal complaint with conveying false information and hoax.  He was arrested yesterday afternoon and appeared in federal court in Albany, New York today.

As alleged in the criminal complaint, Pantone is accused of using the U.S. mail to send envelopes containing white power to locations in New York and Connecticut.  Each envelope contained suspicious white powder and a note indicating, or implying, that the powder was dangerous or intended to cause harm. The complaint alleges that beginning in February 2019, Pantone mailed envelopes addressed to the Social Security Administration Offices in the towns and cities of Plattsburgh, Binghamton, Utica, West Nyack, White Plains, New York, as well as offices in Hartford and Torrington, Connecticut.  The complaint also alleges that additional letters were addressed to United States District Court offices in Syracuse, Binghamton, Albany, Plattsburgh, and Utica.  All the envelopes contained a typed note, which said “ANTHRAX.” 

All samples of the white powder tested thus far have not contained hazardous material.

The charge of false information and hoax carries a maximum sentence of five (5) years in prison, a one (1) year term of supervised release, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

Some of the agencies responding to the receipt of the envelopes containing white powder included the Albany Fire Department HazMat Team, Binghamton Fire Department HazMat, Binghamton Police Department, City of Plattsburgh Fire Department, Utica Fire Department HazMat Team, Utica Police Department, Clinton County Fire and Rescue Department, Connecticut Department of Energy and Environmental Protection, Connecticut State Police, Federal Protective Service, Hartford Fire Department, Hartford Police Department, Torrington Fire Department, Torrington Police Department

This case was investigated by the FBI, the U.S. Postal Inspection Service, Social Security Administration, Office of Inspector General, and the New York State Police.  The case is being prosecuted by Assistant U.S. Attorneys Troy Anderson and Stephen Green.

ALBANY, NEW YORK – Cohoes Mayor Shawn Morse, age 51, was arrested today on an indictment charging him with defrauding his mayoral campaign and supporters by stealing campaign contributions for his personal benefit. 

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

Morse is charged with one count of conspiracy to commit wire fraud, five counts of wire fraud, and one count of making a false statement to the FBI. 

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

According to the indictment, from approximately 2013 through 2018, Morse and his campaign treasurer, Ralph Signoracci, solicited and received contributions to his campaign committee, Friends of Shawn Morse, and his political action committee, The Chairman’s PAC, from area businesses and businesspeople.  Instead of using the funds for legitimate purposes, at times, Morse directed Signoracci to withdraw funds from the committees’ bank accounts so that Morse could use the funds to pay for his personal expenses.

The indictment further alleges that Morse and Signoracci concealed the nature of these expenditures by falsely reporting the purpose of the expenditures or by not reporting or disclosing them on campaign disclosure reports, as was required of local candidates for public office.  The indictment also alleges that on September 24, 2018, Morse provided false information to the FBI when asked about the scheme.

If convicted, Morse faces up to 20 years in prison, a term of post-release supervision of up to 3 years, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

Morse appeared today before United States Magistrate Judge Christian F. Hummel and entered a plea of not guilty. He was released with conditions pending a trial before Senior United States District Judge Thomas J. McAvoy.

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Megan Kinsella Kistler. 

ALBANY, NEW YORK – Three Albany men were charged today in connection with an armed robbery yesterday of an M&T Bank branch in the Town of North Greenbush, in which a bank employee was shot.

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); Keith M. Corlett, Acting Superintendent of the New York State Police; Chief David Keevern of the Town of North Greenbush Police Department; Chief Eric Hawkins of the Albany Police Department; and Albany County Sheriff Craig D. Apple.

The complaint charges Christopher J. Cohn and Ulysses J. Walls, both age 25, with armed bank robbery.  The complaint also charges Quardel E. Valentine, age 28, with conspiracy to commit bank robbery. 

The defendants were quickly arrested yesterday following the robbery and appeared today before United States Magistrate Judge Christian F. Hummel, who ordered them detained pending detention hearings scheduled for Friday, March 1.    

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

The complaint alleges that Cohn and Walls entered an M&T Bank in North Greenbush yesterday morning, each wearing a ski mask and brandishing a gun.  In the course of the robbery, Cohn fired multiple shots, including one that grazed an employee of the bank.  Valentine drove Cohn and Walls to the bank, waited during the robbery, and helped them flee following the robbery.  

The charges filed against Cohn and Walls carry a maximum sentence of 25 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years.  The charge filed against Valentine carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 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 FBI, the New York State Police, the Town of North Greenbush Police Department, the Albany Police Department, and the Albany County Sheriff’s Office, with the assistance of the Rensselaer County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.

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.

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/.

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.

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.

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.

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, 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.

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.

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.

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.

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.

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.

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.

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.

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.

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, 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.

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/.