Northern District of New York

ALBANY, NEW YORK – Hezekiah Morton, age 47, of Schenectady, New York, pled guilty today to distributing heroin and fentanyl in May 2018.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Raymond P. Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Schenectady County Sheriff Dominic Dagostino.

Morton admitted that between May 7 and May 17, 2018, while in Schenectady, he distributed approximately 46 grams of a substance that he claimed to be heroin, which contained detectable amounts of fentanyl.

Sentencing is scheduled for April 18, 2019 before Senior United States District Judge Gary L. Sharpe.  Morton faces up to 20 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

This case was investigated by the DEA and the Schenectady County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Efrain Diaz-Alachan, age 46, and a citizen of El Salvador, was arrested yesterday in Schenectady, New York, on a charge of illegally re-entering the United States. 

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

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

According to the criminal complaint, Diaz-Alachan has been removed from the United States to El Salvador on five prior occasions since 2005, having been previously arrested in Vermont; Colonie, New York; Ticonderoga, New York; Houston, Texas; and Sarita, Texas. 

In 2011 and again in 2013, he was convicted of illegal re-entry in the United States District Court for the Northern District of New York.  In 2011, he was sentenced to time served.  In 2013, he was sentenced to 14 months in prison.  In 2015, he was again convicted of illegal re-entry, in the United States District Court for the Southern District of Texas, and sentenced to 15 months in prison.

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

Diaz-Alachan faces up to 10 years in prison if convicted.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.    

This case is being investigated by ICE-ERO in Albany, with support from the ERO Buffalo Special Response Team and the Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Omar DeJesus, age 32, of Amsterdam, New York, was sentenced yesterday to 120 months in prison for transporting, storing, and possessing firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.

The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

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

DeJesus, who has previous state and federal felony drug convictions, pled guilty on May 17, 2018.  As part of his plea, DeJesus admitted that he allowed Christian Roman and Jose Fontanez to store dozens of stolen firearms at his residence and later helped them hide some of those firearms in a remote location.  DeJesus also admitted that he introduced Roman and Fontanez to another man, Onic Martinez, who retrieved the stolen firearms from a storage locker in Schenectady, New York, where Roman and Fontanez hid them shortly after the October 22, 2017 burglary.  In exchange for his assistance, DeJesus received a stolen Sig Sauger 9mm pistol, which DeJesus subsequently sold to another individual in exchange for $700.  DeJesus was prohibited from possessing firearms because of his criminal record.

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

Roman, age 24, of Schenectady, pled guilty last month to stealing the firearms from Target Sports.  He is scheduled to be sentenced on April 10, 2019.

Dalmary Morales, age 37, of Schenectady; and Juan Saez, age 35, of Rochester, New York pled guilty earlier this year for their respective roles in stealing, transporting, and possessing the firearms.  Morales and Saez are scheduled to be sentenced on April 22, 2019.

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

ALBANY, NEW YORK – Rose Mathe Jean Louis, age 50, and a citizen of Haiti, was sentenced today to time served (61 days in jail), for illegal re-entry into the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Jean Louise was ordered removed from the United States to Haiti by order of an Immigration Judge in Orlando, Florida, on February 10, 2014.  Jean Louise was not removed and instead was released to reside in the United States.  On August 21, 2017, Jean Louis departed the United States while the removal order was pending, and entered Canada.  On October 18, 2018, she was arrested by a Border Patrol Agent just south of the international border between the United States and Canada after she entered the United States without inspection approximately three miles west of the Champlain Port of Entry, New York.  Jean Louise admitted that she returned to the United States without permission.   

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

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

ALBANY, NEW YORK – Michael Greenholtz, age 25, of Cairo, New York, pled guilty today to illegally possessing a .22 caliber revolver as a felon. 

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

As part of his plea, Greenholtz admitted that on July 31, 2018, he sold a .22 caliber revolver to another person in Albany.  Two prior felony state convictions for burglary prevented Greenholtz from legally possessing the firearm in New York. 

Greenholtz faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on April 16, 2019 by Senior United States District Judge Thomas J. McAvoy. 

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

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force.  This case is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Jason Novoa, age 38, of Ballston Spa, New York, was sentenced today to 120 months in prison for receipt and possession of child pornography.

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

Senior United States District Judge Gary L. Sharpe also sentenced Novoa to 20 years of supervised release, to begin following his term of imprisonment.  Novoa was also ordered to pay $5,000 in restitution to one of the victims portrayed in the child pornography he possessed.  He will be required to register as a sex offender upon his release from prison.

Novoa pled guilty on July 17, 2018.  Novoa admitted that, over a period of at least 5 years, he used a laptop computer equipped with peer-to-peer file-sharing software to search for and download videos and images depicting child pornography.  Novoa further admitted that between June 9 and June 13, 2017, he made available for download over 800 images of child pornography.  Novoa additionally possessed approximately 30 video files and 310 image files depicting child pornography on June 29, 2017, when the laptop was seized by investigators.

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

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

ALBANY, NEW YORK – Jake Alexander Cruse, age 32, of Schaghticoke, New York, was arrested on December 12 on charges of transporting child pornography.

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

The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.  Cruse appeared on December 12 before United States Magistrate Judge Christian F. Hummel.  Following a detention hearing held yesterday, Cruse was detained pending trial.

If convicted, Cruse faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Cruse would be required to register as a sex offender.

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Darren Clay Robinson, aka “Mountain,” age 54, of Teaneck, New Jersey, was sentenced today to 135 months in prison, to be followed by 8 years of supervised release, for conspiring with more than 10 people to distribute heroin, crack cocaine and cocaine throughout the Capital Region.

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

As part of his guilty plea, Robinson admitted that from August 2016 to May 2017, he worked with others to distribute heroin, cocaine base (a/k/a crack cocaine) and cocaine in Albany and Schenectady Counties.   Robinson admitted to distributing between 3.5 kilograms and 5 kilograms of cocaine as part of the conspiracy.

Robinson, who has 3 prior drug felony convictions, stored drugs at a residence in Schenectady that he shared with a co-conspirator.  On May 11, 2017, law enforcement executing a warrant there seized approximately 300 grams of cocaine, 75 grams of heroin and 25 grams of crack cocaine.  At the residence, Robinson also possessed glass mixing cups, 4 digital scales, cutting agents, and various packaging materials, all used in the packaging and distribution of drugs.

Also, on May 10, 2017, law enforcement in Ulster County found, hidden in the engine compartment of the car that Robinson was driving, a bag containing approximately 100 grams of cocaine.   

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision.  This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Emmanuel Lucero-Saavedra, age 40, and a citizen of Mexico, was sentenced yesterday to time served (11 months in jail), for illegal re-entry into the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

Lucero-Saavedra has been previously removed from the United States to Mexico four times, the most recent removal taking place on June 27, 2015.  On January 10, 2018, he was encountered and arrested by an ICE Officer in Albany. Lucero-Saavedra admitted that he returned to the United States without permission following the June 27, 2015 removal.     

Following sentencing, Lucero-Saavedra was remanded to the custody of the Department of Homeland Security, for removal proceedings.

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

ALBANY, NEW YORK – Ernesto Bautista Juarez, age 25, and a citizen of Mexico, was sentenced yesterday to time served (28 days in jail), for illegal re-entry into the United States.

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

Bautista Juarez has been previously removed from the United States to Mexico three times, the most recent removal occurring on March 28, 2015.  On November 15, 2018, he was encountered and arrested by an ICE Officer in Saratoga Springs, New York. A fingerprint check of Bautista Juarez resulted in the discovery of the prior removals.  Bautista Juarez admitted that he returned to the United States without permission following the March 28, 2015 removal.  Bautista Juarez has never been authorized to enter or reside in the United States. 

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

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

ALBANY, NEW YORK – Moises Orozco Castaneda, age 57, and a citizen of Mexico, was sentenced yesterday to time served (41 days in jail), for misdemeanor destruction of government property.

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

Orozco Castaneda, an illegal alien, was arrested by ICE in Troy, New York, in June 2018.  ICE released Orozco Castaneda from custody but the conditions of his release required that he wear an ankle-monitoring device so that his release could be supervised by ICE.  On September 11, 2018, ICE was notified that the monitoring device had been removed from Orozco Castaneda’s ankle.  The device was recovered in Troy that same day.  Orozco Castaneda was encountered at an Albany bus station and he admitted to cutting off the device. 

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

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

ALBANY, NEW YORK – Faveur Cassamajor, age 45, and a citizen of Haiti, was sentenced yesterday to time served (56 days in jail), and a 2-year term of post-release supervision, for illegal re-entry into the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Cassamajor was ordered removed from the United States to Haiti on November 6, 2002.  Cassamajor was not removed and instead was released to reside in the United States.  On August 21, 2017, Cassamajor departed the United States while the removal order was pending and entered Canada.  On October 18, 2018, he was encountered and arrested by a Border Patrol Agent just south of the border after he entered the United States without inspection approximately three miles west of the Champlain Port of Entry.  A fingerprint check of Cassamajor resulted in the discovery of the active removal order.  Cassamajor admitted that he returned to the United States without permission.   

Following the sentencing, Cassamajor was remanded to the custody of the Department of Homeland Security, for removal from the United States.     

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

ALBANY, NEW YORK – James Haskins, age 42, of Schenectady, New York, pled guilty today to possessing and intending to distribute crack cocaine and possessing a firearm in furtherance of a drug trafficking crime.

The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.

Haskins, who has 6 prior felony convictions, admitted that on April 11, 2018, he possessed 152 grams of crack cocaine and a .380 caliber pistol and ammunition in Schenectady.  He further admitted that he intended to distribute the crack cocaine to others in exchange for cash, and that he possessed the firearm, which he obtained illegally, to protect his crack and drug proceeds from potential robbers.

Haskins faces at least 15 years and up to life in prison, a fine of up to $250,000, and at least 8 years of post-release supervision when he is sentenced by Senior United States District Judge Norman A. Mordue on April 17, 2019.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

This case was investigated by the ATF and Schenectady County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

 

SYRACUSE, NEW YORK – Johny Elvis Vela Molina, age 39, and a citizen of Peru, was sentenced today to time served (44 days in jail), for illegal re-entry into the United States.

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

Vela Molina was removed from the United States to Peru on December 8, 2009.  On October 29, 2018, he was encountered and arrested by an ICE Officer in Wallkill, Ulster County, New York. A fingerprint check of Vela Molina resulted in the discovery of the prior removal.  Vela Molina admitted that he returned to the United States without permission following the 2009 removal.    Vela Molina has never lawfully entered the United States. 

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

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

 

UTICA, NEW YORK – Laura Olguin Mercado, age 30, and a Mexican citizen living in Lafayette, Indiana, pled guilty today to transporting illegal aliens within the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

As part of her plea, Olguin Mercado admitted that on June 22, 2018 she drove to a remote spot along the Canadian border in northern Vermont and picked up three illegal aliens from Mexico who were waiting there.  After picking them up, Olguin Mercado drove west and south away from the border until she reached Interstate 87 and proceeded south.  As she drove south on Interstate 87 with her passengers, Olguin Mercado was required to stop at the Border Patrol checkpoint near North Hudson, New York.  Border Patrol determined that three passengers in Olguin Mercado’s car were illegal aliens who had just illegally crossed the border into the United States from Canada.  Olguin Mercado admitted that she knew the people she picked up and transported had illegally entered the United States from Canada.  Olguin Mercado admitted that she intended to drive the three people to Indiana.      

As a result of her conviction, Olguin Mercado faces up to 5 years in prison and a fine of up to $250,000 when she is sentenced by United States District Judge David N. Hurd on April 11, 2019.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

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

ALBANY, NEW YORK – Kyle Touchstone, age 31, of Plattsburgh, New York; Melissa Kusalonis, age 37, of Plattsburgh; Anthony DeFilippo, age 37, of Schenectady, New York; and Luke Kiroy, age 34, of Saranac, New York, were sentenced yesterday and today for conspiring to distribute heroin.

The announcement was made by United States Attorney Grant C. Jaquith; Acting Special Agent in Charge Keith Kruskall, U.S. Drug Enforcement Administration (DEA), New York Division; and Clinton County Sheriff David Favro.

Touchstone was sentenced to 84 months in prison and 4 years of supervised release; Kusalonis to 41 months in prison and 3 years of supervised release; DeFilippo to 46 months in prison and 3 years of supervised release; and Kiroy to 3 years of probation and a $1,000 fine. 

As part of their guilty pleas, Touchstone and Kusalonis admitted to obtaining nearly a kilogram of heroin from Jimolo Coates, a.k.a. “Brodie,” in Annapolis, Maryland, and DeFilippo in Schenectady between June 2016 and May 2017, and selling the heroin in Plattsburgh.  DeFilippo admitted to regularly providing Touchstone and Kusalonis with heroin in Schenectady, and Kiroy admitted to transporting heroin from Annapolis to Plattsburgh with Kusalonis. 

Touchstone, Kusalonis, DeFilippo, and Kiroy were charged with six other people in two related indictments pertaining to a heroin-distribution ring that transported heroin from Annapolis and Schenectady and sold it in the Plattsburgh area.  In addition to Touchstone, Kusalonis, DeFilippo, and Kiroy, five other defendants pled guilty and were sentenced as follows: 

Defendant

Sentence

Jimolo Coates, a.k.a. “Lo,” Marlo,” “Brodie,” age 25, of Annapolis, Maryland

188 months in prison, to be followed by 8 years of supervised release

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

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

Kiara Scott, age 29, of Annapolis, Maryland

3 years of probation, including 6 months of home detention

Charles Adams, a.k.a. “Chuck,” age 33, of Peru, New York

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

Travynn Ippolito, a.k.a “Trav,” age 30, of Plattsburgh, New York

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

The tenth defendant, Danielle Conners, age 33, of Plattsburgh, was convicted at trial and is scheduled to be sentenced on March 5, 2019.  

The convictions are the result of a nearly yearlong investigation led by the DEA Task Force in Plattsburgh, which consists of law enforcement officers from the DEA, Homeland Security Investigations, United States Border Patrol, New York State Police, Clinton County Sherriff’s Office, Essex County Sheriff’s Office, and the Plattsburgh Police Department.  The U.S. Department of Justice, Office of the Inspector General, as well as the New York State Department of Corrections and Community Supervision, assisted in the investigation.

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

ALBANY, NEW YORK – Finance of America Mortgage LLC has agreed to pay the United States $14,500,000 to resolve allegations that Gateway Funding Diversified Mortgage Services, L.P. (Gateway), which it acquired in 2015, violated the False Claims Act by knowingly originating and underwriting deficient mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA), announced United States Attorney Grant C. Jaquith.

“Gateway misrepresented that its federally-insured loans met HUD’s quality standards, harming borrowers who were left underwater on their homes and taxpayers who backed the mortgages,” said United States Attorney Jaquith.  “We are committed to holding mortgage lenders accountable when they abuse government programs for their own gain.”

During the time period covered by the settlement, Gateway participated as a direct endorsement lender (DEL) in the FHA insurance program.  A DEL has the authority to originate, underwrite and endorse mortgages for FHA insurance.  If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD, FHA’s parent agency, for the losses resulting from the defaulted loan.  Under the DEL program, the FHA does not review a loan for compliance with FHA requirements before it is endorsed for FHA insurance.  DELs are therefore required to follow program rules designed to ensure that they are properly underwriting and certifying mortgages for FHA insurance, to maintain a quality control program that can prevent and correct deficiencies in their underwriting practices, and to self-report any deficient loans identified by their quality control program.

The settlement announced today resolves allegations that Gateway failed to comply with certain FHA origination, underwriting and quality control requirements.  As part of the settlement, Gateway admitted that the company failed to audit all early-payment default loans (EPD) as required by HUD and, on those occasions when it did audit these loans, it “ignored calls from its compliance department regarding the company’s poor EPD rate for FHA loans.”  Gateway also admitted that, in late 2011, some of its senior executives learned that the company’s one-year compare ratio (a figure HUD uses to compare lenders, with a higher ratio indicating that a lender has an unusually high default percentage compared to its peers) was increasing due, in part, to Gateway’s origination activities out of its Horsham, Pennsylvania headquarters and certain branch offices.  Many of those same executives were then told in early 2014 that the same underwriters and offices identified in 2011 continued to “show a pattern of poor performance” on EPD loans.  Gateway also admitted that it failed to adhere to HUD’s self-reporting requirements for loans containing material deficiencies.  Notably, Gateway acknowledged that its conduct and omissions resulted in HUD insuring many loans approved by Gateway that were not eligible for FHA mortgage insurance under the DEL program.

“This investigation, along with others similar to it, represents our steadfast commitment toward protecting the integrity of federal housing programs,” said Michael Powell, Special Agent in Charge, Joint Civil Fraud Division, HUD’s Office of Inspector General (HUD-OIG).  “It further reaffirms our intent to pursue those who exploit HUD programs for corporate gain.”

This investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act, which allow private persons, known as “relators,” to file civil actions on behalf of the government and share in any recovery.  The relator in this case, a former Gateway employee, will receive $2,392,500 of the settlement proceeds.  The case is docketed with the U.S. District Court for the Northern District of New York under number 1:16-cv-750.

The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the Department of Justice’s Civil Division, HUD-OIG, and HUD.  The United States was represented by Assistant U.S. Attorney Adam J. Katz and Department of Justice Trial Attorneys Christopher Reimer and Harin Song.

ALBANY, NEW YORK – Tyrone D. Marshall, age 37, of Troy, New York, was sentenced yesterday to 92 months in prison, to be followed by 6 years of supervised release, for conspiring to distribute cocaine and crack cocaine in Albany and Rensselaer Counties.

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

In pleading guilty on August 15, 2018, Marshall admitted that from February 2017 to April 2017, he worked with others to acquire cocaine; cook and otherwise convert the cocaine into cocaine base (a/k/a crack cocaine); and sell crack cocaine and cocaine in Albany and Rensselaer Counties.  Marshall admitted that a co-conspirator typically acquired cocaine from a source of supply in the City of Albany and then brought the cocaine to his residence in Troy, where they would cook the cocaine into crack for resale. 

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the New York State Police and New York Department of Corrections and Community Supervision, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Jaquan Walker, age 24, of Troy, New York, was sentenced yesterday to 60 months in prison for possessing and intending to distribute crack cocaine. 

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

Walker admitted that on September 2, 2017, while in Troy, he possessed approximately 47 grams of crack cocaine, which he intended to distribute. 

This case was investigated by the FBI and the Troy Police Department, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

ALBANY, NEW YORK – Michael Varian, age 52, of Troy, New York, appeared today in federal court on a charge that he attempted to entice a minor into sexual activity.

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

According to the criminal complaint, Varian, a school bus driver, attempted to entice and coerce an individual, whom he believed to be a 14-year-old boy, to engage in sex.  After weeks of exchanging sexually explicit text messages with undercover law enforcement officers posing as the boy, Varian arranged to meet the boy at a location in Albany County, where Varian was arrested.   

The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.  If convicted, Varian faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Varian would be required to register as a sex offender.

Varian appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending a detention hearing scheduled for December 12, 2018.

Anyone with information relevant to this investigation may contact the FBI’s Albany Field Office at (518) 431-4866.

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of state and local law enforcement agencies, including the Town of Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Megan Kinsella Kistler. 

ALBANY, NEW YORK – Michael Bramer, Jr., age 32, of Saratoga County, New York, was sentenced yesterday to time served (42 days in jail) and 3 years of supervised release for knowingly making a false statement to a licensed dealer in connection with the attempted acquisition of a firearm.

The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.

A jury convicted Bramer following a 2-day trial in August 2018.  Evidence presented during the trial established that on October 24, 2016, Bramer lied on a Federal Firearm Transaction Record – also known as an ATF Form 4473 – in connection with his attempt to buy a Savage .243 Axis rifle. 

When asked on the ATF Form 4473 whether he was “subject to a court order restraining you from harassing, stalking, or threatening . . . an intimate partner?” Bramer responded “No.”  The jury found that Bramer knew he was subject to such a court order when, 11 days earlier, on October 13, 2016, he appeared in Malta Town Court and was issued a Temporary Order of Protection, ordering him to refrain from assaulting, harassing, stalking, threatening and committing any criminal offense against an intimate partner, which was signed by both Bramer and the judge. 

At sentencing, Senior United States District Judge Gary L. Sharpe found that Bramer demonstrated that he intended to purchase the firearm solely for lawful sporting purposes.

This case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

ALBANY, NEW YORK – Erla Maribel Ambrocio Ixlaj, age 30, and a citizen of Guatemala, was sentenced today to time served (114 days in jail), for illegal re-entry into the United States.

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

Ambrocio Ixlaj has been previously removed from the United States to Guatemala three times, the most recent removal taking place on August 5, 2014.  On August 19, 2018, she was encountered and arrested by an ICE Officer in Walton, Delaware County, New York. A fingerprint check of Ambrocio Ixlaj resulted in the discovery of the prior removals.  Ambrocio Ixlaj admitted that she returned to the United States without permission following the August 5, 2014 removal.    Ambrocio Ixlaj has never had lawful authority to enter or reside in the United States. 

Following her sentencing, Ambrocio Ixlaj was remanded to the custody of the Department of Homeland Security, for removal proceedings.

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

ALBANY, NEW YORK – Oviatt Hearing and Balance, LLC (Oviatt), which operates audiology practices in Syracuse, Camillus, Manlius, and Oswego, New York, has agreed to pay $566,263.08 to resolve allegations that it violated the False Claims Act by falsely billing the federal government for services rendered by unlicensed individuals and by inappropriately providing gift cards and other inducements to Medicare and TRICARE beneficiaries.  The announcement was made by United States Attorney Grant C. Jaquith and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (HHS-OIG).

United States Attorney Jaquith said: “Oviatt Hearing and Balance provided improper inducements to attract patients, allowed audiology testing by unlicensed and unsupervised employees, and then falsely billed Medicare and TRICARE as if the exams had been done by professionally licensed audiologists.  We are committed to protecting patients and holding providers accountable for dishonest practices that undermine the integrity of our health care system and thankful for the thorough investigation by HHS-OIG in this case.”

Today’s settlement resolves allegations that Oviatt violated the False Claims Act in two respects.  First, Oviatt allowed unlicensed individuals, while working alone with no licensed audiologist or other qualified provider onsite, to perform audiology examinations on federal health care program beneficiaries.  Oviatt then submitted claims for payment for those examinations to Medicare and TRICARE, which falsely identified licensed audiologists as the rendering providers.  Second, Oviatt offered and provided kickbacks in the form of improper inducements to federal health care program beneficiaries so that they would come to Oviatt where services billable to the federal government were available.  The inducements included entering beneficiaries into a contest for a free iPad, and offering beneficiaries free Butterball turkeys, $15 Visa gift cards, $15 Dunkin Donuts gift cards, and $30 Omaha Steaks gift cards.

As part of the settlement, Oviatt admitted that:  “(i) on various occasions from July 2011 through January 2018, Oviatt offered and provided improper inducements in the form of gift cards, gift checks, iPads, and similar promotions to Federal health care program beneficiaries, and (ii) on various days from January 2016 through November 2016, Oviatt allowed two unlicensed individuals, who were alone in the office and unsupervised, to perform audiology tests on Federal health care program beneficiaries and then Oviatt billed those services to Medicare and TRICARE as though they had been rendered by a licensed provider.”

“Oviatt Hearing and Balance compromised the integrity of the Medicare program, and failed to ensure that quality health care services were provided to their patients,” said Scott J. Lampert, Special Agent in Charge of HHS-OIG.  “HHS-OIG is committed to holding providers accountable for their practices.”

This investigation was triggered by a whistleblower lawsuit filed under the qui tam provision of the False Claims Act, which allows private persons, known as “relators,” to file civil actions on behalf of the government and share in any recovery.  The relator in this case will receive $120,000 of the settlement proceeds.  The case is docketed with the U.S. District Court for the Northern District of New York under number 5:16-cv-1217.

The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York and HHS-OIG.  The United States was represented by Assistant U.S. Attorney Adam J. Katz.

ALBANY, NEW YORK – Alejandro Quintero-Marquez, age 34, and a citizen of Mexico, was sentenced today to time served (135 days in jail), for illegal re-entry into the United States.

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

Quintero-Marquez has been previously removed from the United States to Mexico three times, the most recent removal taking place on July 30, 2010.  On July 28, 2018, he was encountered and arrested by an ICE Officer in Walton, Delaware County, New York. A fingerprint check of Quintero-Marquez resulted in the discovery of the prior removals.  Quintero-Marquez admitted that he returned to the United States without permission following the July 30, 2010 removal.  Quintero-Marquez has never had lawful authority to enter or reside in the United States. 

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

ALBANY, NEW YORK – Daniel Santana, age 49, of New York City, and Sandy Santana-Soto, age 35, of Kissimmee, Florida, each pled guilty today to transporting two illegal aliens within the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

As part of their respective pleas, Santana and Santana-Soto each admitted that on June 13, 2018, they drove together to the Massena Port of Entry, New York, and entered the United States from Canada.  Simultaneously, Manuela Marina Del Pillar Soto-Garcia and Manuel de Jesus Polanco-Feliz were being smuggled across the border by boat approximately 5 miles east of the Massena Port of Entry, avoiding United States immigration and customs inspection.  Soto-Garcia and Polanco-Feliz were delivered to a restaurant parking lot near Hogansburg, New York, by an unidentified smuggler. 

After entering the United States, Santana and Santana-Soto drove to the parking lot and picked up Soto-Garcia and Polanco-Feliz.  Santana and Santana-Soto exited the parking lot and drove west on New York State Route 37 until they stopped at a gas station in Hogansburg.  While at the gas station, Border Patrol approached the group, determined that Soto-Garcia and Polanco-Feliz were both aliens unlawfully present in the United States, and arrested all four individuals.  

The passengers, Soto-Garcia and Polanco-Feliz, were prosecuted for the misdemeanor offense of entry without inspection.   

Soto-Garcia, age 55, and a citizen of the Dominican Republic, was convicted on July 10, 2018 and sentenced to 35 days in jail. Polanco-Feliz, age 27, and a citizen of the Dominican Republic, was convicted on July 5, 2018, and sentenced to 22 days in jail and to pay a $200 fine.      

As a result of their felony convictions, Santana and Santana-Soto each face up to 5 years in prison and a fine of up to $250,000 when they are sentenced by Senior United States District Judge Thomas J. McAvoy on April 16, 2019.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.            

These cases were investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Justin Hobbie, age 41, of Springfield Center, New York, appeared today in federal court on charges that he received and distributed child pornography over the internet.

The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

According to the federal criminal complaint, Hobbie received and distributed images of child pornography using a peer-to-peer file sharing program.  An initial review of his desktop computer revealed that it contained numerous video files depicting child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Hobbie faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Hobbie would be required to register as a sex offender.

Hobbie appeared today before United States Magistrate Judge Thérèse Wiley Dancks, who ordered him detained pending a detention hearing scheduled for December 12, 2018.

Anyone with information relevant to this investigation may call HSI’s Albany office at (518) 220-2129.

This case is being investigated by HSI Albany with assistance from the New York State Police Computer Crimes Unit, the Internet Crimes Against Children Task Force and U.S. Customs and Border Protection Air and Marine Operations, and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

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

SYRACUSE, NEW YORK – Jeffrey Rivera, age 36, of Utica, New York, was sentenced today to 130 months in prison for his participation in a drug trafficking conspiracy involving in excess of 5 kilograms of cocaine.

The announcement was made by United States Attorney Grant C. Jaquith and Keith G. Kruskall, Acting Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).

Chief United States District Judge Glenn T. Suddaby also ordered Rivera to serve 5 years of post-imprisonment supervised release, and to forfeit $13,400 in drug proceeds to the United States.

The charges stemmed from a multi-agency investigation, beginning in 2016, into the drug trafficking activities of Rivera and his co-conspirators in and around Utica.

This case was investigated by the DEA, New York State Police, Oneida County Sheriff’s Office, Oneida County District Attorney’s Office, Onondaga County Sheriff’s Office, Onondaga County District Attorney’s Office, Rome Police Department, Utica Police Department, Yorkville Police Department, and U.S. Customs and Border Protection, and was prosecuted by Assistant U.S. Attorney Katherine A. King.

 

UTICA, NEW YORK – Bryant C. Hardnett, age 45, of Watervliet and Cohoes, New York, was sentenced today to 30 months in prison, to be followed by 3 years of supervised release, for stealing the personal identifying information of children and using it to falsely claim the children as his own dependents on his tax returns.

The announcement was made by United States Attorney Grant C. Jaquith and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.

As part of his guilty plea on May 22, 2018, Hardnett admitted that he formerly operated a tax preparation business, BH Tax Services, from a storefront in downtown Troy, New York.  Through that business, Hardnett met a woman who asked him to file a tax return in her name for the year 2013.  She provided her two children’s personal identifying information, including their names and Social Security Numbers.  Hardnett never filed a tax return in the woman’s name, and instead falsely claimed the two children as his nephews and dependents on his tax returns filed with the IRS in 2013, 2014 and 2015.

United States District Judge David N. Hurd found that Hardnett caused a total loss to the government of at least $125,331.31, including related conduct to which Hardnett did not plead guilty.   Judge Hurd ordered Hardnett to pay $25,000 in restitution to the IRS, and barred him from filing a tax return for anyone other than himself, while he is on supervised release.  In the plea agreement, Hardnett also agreed to be permanently enjoined from ever filing a tax return for anyone other than himself.

This case was investigated by IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Feliciano Felipe Diaz-Estrada, also known as Feliciano Villas-Estrada, age 56, and a Mexican citizen residing in Long Island City, New York, was sentenced today to time served (18 days in jail), followed by a one-year period of supervised release, and a fine of $1,000, for transporting an illegal alien within the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

On May 21, 2018, Diaz-Estrada drove to Montreal, Canada, where he met with David Lopez-Garcia. 

Diaz-Estrada then drove to the Champlain Port of Entry, New York, and entered alone.  Simultaneously, Lopez-Garcia walked across the border one-half mile east of the Champlain Port of Entry and avoided United States immigration and customs inspection.  Lopez-Garcia walked to a spot south of the border where he waited for Diaz-Estrada. 

After entering the United States during the early morning of May 22, 2018, Diaz-Estrada drove to a cemetery in Champlain, New York, where he stopped and picked up the waiting Lopez-Garcia.  Border Patrol Agents observed the pickup and followed Diaz-Estrada as he entered I-87 southbound.   After he entered I-87 southbound, Diaz-Estrada was stopped and arrested by Border Patrol Agents.  The passenger, Lopez-Garcia, was arrested and prosecuted for the misdemeanor offense of entry without inspection.   

Lopez-Garcia, age 46, and a citizen of Mexico residing in Charlotte, North Carolina, was convicted on June 5, 2018 and sentenced to 15 days in jail.    

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

ALBANY, NEW YORK – Latam Games, LLC of Miami, Florida, pled guilty today to structuring financial transactions to evade currency reporting requirements.

The announcement was made by United States Attorney Grant C. Jaquith; Keith Kruskall, Acting Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA); and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.

A bank is required to report a customer’s deposits of more than $10,000 in currency in a single transaction.  According to the plea agreement, between March 2013 and June 2013, to avoid these reports, Latam Games’s corporate officers broke cash deposits into amounts of less than $10,000 and deposited these smaller amounts in Florida, California, and New Jersey.  For example, the company deposited $4,240 on March 18, 2013, $7,445 on March 19, and $9,560 on March 20.  The company deposited $9,045 on April 25, 2013, and $9,000 the following day.

Latam Games admitted that it willfully violated federal law against structuring as part of a pattern of illegal activity involving more than $100,000 in a 12-month period.

Latam Games will be sentenced by Senior United States District Judge Lawrence E. Kahn on April 11, 2019, and faces a fine of up to $1 million.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Latam Games has also agreed to forfeit $2,076,155.11 to the United States. 

This case was investigated by the DEA and IRS-Criminal Investigation, and is being prosecuted by First Assistant U.S. Attorney Elizabeth C. Coombe and was investigated by Assistant U.S. Attorney Jeffrey Coffman.  Assistant U.S. Attorney Adam Katz represented the United States in the civil forfeiture action.

 

ALBANY, NEW YORK – Christopher Mikelinich, age 53, of Wingdale, New York, was sentenced today to 24 months in prison for illegally possessing a stolen 12 gauge, semi-automatic shotgun over an approximately two-and-a-half year period in which he resided in Columbia County, New York.

The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

Senior United States District Judge Norman A. Mordue also sentenced Mikelinich to 3 years of supervised release, to begin following his term of imprisonment.

As part of his guilty plea, Mikelinich admitted that between November 2014 and February 2017, he possessed the shotgun while residing in Ancram, New York.  The shotgun had previously been stolen from its owner’s vehicle in New Windsor, New York, in 2004, and was purchased by the defendant from a co-worker.  Two prior felony convictions, including a prior federal conviction for being a felon in possession of firearms, prevented Mikelinich from legally possessing the firearm.

At Mikelinich’s sentencing, Judge Mordue determined that Mikelinich unlawfully possessed two additional firearms.

This case was investigated by ATF, the New York State Police, the Columbia Country District Attorney’s Office, and the Columbia County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK –Emmanuel Philippe, age 23, a citizen of Haiti residing in Brooklyn, New York, was sentenced today to 87 months in prison for possessing a firearm in furtherance of a drug trafficking crime, possessing a firearm and ammunition as a felon, and possessing and intending to distribute crack cocaine.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Saratoga Springs Police Chief Gregory Veitch. 

Philippe is a lawful permanent resident of the United States and citizen of Haiti.  After he completes his term of imprisonment, he will be placed into immigration proceedings. 

Philippe was convicted following a 4-day trial in July and August 2018, presided over by United States District Judge Mae A. D’Agostino.

Evidence presented during the trial established that on March 17, 2017, at about 3 a.m., Philippe was the subject of a routine traffic stop, for speeding, on West Avenue near the YMCA in Saratoga Springs, New York.  Philippe gave Officers a fake name and a fake Massachusetts driver’s license, and said he was on his way to a hotel in Schenectady, New York.

A Saratoga Springs Police Officer detected the smell of marijuana, and Philippe admitted to having marijuana in his car.  Officers ordered Philippe and his passenger out of the car so they could search it.  During the search, Philippe and his passenger stood on the side of the road in the presence of Officers. 

Philippe became visibly nervous as an Officer searched the trunk, and attempted on several occasions to approach the trunk, falsely claiming that his jacket was inside.  Officers asked him to back away from the trunk.

While searching the trunk, an Officer found a plastic bag containing a loaded rifle magazine and rounds of .223 caliber ammunition.  As the Officer called her Sergeant over to see what she had found, Philippe took off running, through a snow-covered field, in the direction of the YMCA.  Officers quickly and safely arrested Philippe in the YMCA parking lot, and found him in possession of 35 baggies containing crack cocaine. 

In the trunk, Officers located a Windham Weaponry semi-automatic rifle, loaded with a 30-round magazine and with its safety turned off; another loaded, 30-round magazine; a total of 165 rounds of Federal .223 caliber ammunition; and 22 rounds of Federal 9 millimeter ammunition.  In Philippe’s possession and in the car, Officers also located $1,610 in cash, 2 digital scales, and drug packaging materials.

At the time of the crimes, Philippe had a prior felony conviction for attempted grand larceny, from Saratoga County Court. 

This case was investigated by the ATF and Saratoga Springs Police Department, with the assistance of the Saratoga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Rosalvo Caetano, age 46, and a citizen of Brazil, was sentenced today to time served (208 days in jail) for transporting two illegal aliens within the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

On May 12, 2018, Caetano drove from Worcester, Massachusetts, to Fort Covington, New York, where he picked up two illegal aliens, both Brazilian citizens, who had secretly crossed the border from Canada.  Border Patrol Agents arrested Caetano and his passengers in Malone, New York. 

The passengers arrested with Caetano were prosecuted for the misdemeanor offense of entry without inspection.   

Gabriel Felipe Dias Prado, age 19, was convicted on May 29, 2018 and sentenced to 20 days in jail.  Ilcione Bazoni, also known as Carlos Cousa, age 62, was convicted on June 8, 2018 and sentenced to 45 days in jail.    

At the conclusion of today’s sentencing, Caetano was remanded to the custody of the Department of Homeland Security for removal proceedings.     

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

SYRACUSE, NEW YORK – Arkmallah Hilliard, age 38, of Baltimore, Maryland, pled guilty today to conspiring to defraud the United States and admitted to receiving more than $400,000 as a result of filing hundreds of fraudulent tax returns.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James D. Robnett, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office; and Special Agent in Charge Leigh-Alistair Barzey, Defense Criminal Investigative Service (DCIS), Northeast Field Office.

In pleading guilty, Hilliard admitted that he conspired with former Utica resident Anas Wilson and others to defraud the IRS by filing false and fraudulent income tax returns in the names of various individuals and thereby obtained tax refunds to which they knew they were not entitled.  Hilliard admitted that he used his own bank accounts and bank accounts he controlled that had been opened by co-conspirators to receive the tax refunds, after which Hilliard and others withdrew, spent, and transferred the money for their own purposes. Wilson previously pled guilty to similar charges and is serving a 12-year prison sentence.

Hilliard will be sentenced on May 23, 2019 by Senior United States District Judge Frederick J. Scullin, Jr.

Hilliard faces a maximum sentence of 5 years in prison, a fine of up to the greater of $250,000 or twice the pecuniary gain to the defendant or the loss to any victim, and a term of post-imprisonment supervised release of up to 3 years. Hilliard also faces a forfeiture money judgment of up to $462,107.00, representing the unrecovered proceeds he received as part of the conspiracy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by IRS-CI and DCIS, and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Jonathon Rule, age 28, of Moreau, New York, was sentenced today to 18 months in prison for failing to update his sex offender registration.

The announcement was made by United States Attorney Grant C. Jaquith and David L. McNulty, United States Marshal for the Northern District of New York.

Senior United States District Judge Gary L. Sharpe also sentenced Rule to 5 years of supervised release, to begin following his term of imprisonment.

Rule was charged with violating the federal Sex Offender Registration and Notification Act (“SORNA”), which requires a convicted sex offender to register, and keep that registration current, wherever he or she resides. 

As part of his guilty plea, Rule admitted that he was convicted of criminal sexual conduct in the first degree in Michigan, which required him to register as a sex offender for the rest of his life.  Rule further admitted that he moved from Michigan to Moreau, New York, in January 2016, and lived there for approximately 2 years prior to being arrested by the New York State Police, without ever registering in New York or updating his registration in Michigan.

This case was investigated by the United States Marshals Service Sex Offender Investigation Branch, the New York State Police, the Saratoga County District Attorney’s Office, and the Saratoga County Sheriff’s Office, 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.

ALBANY, NEW YORK – United States Attorney Grant C. Jaquith and New York State Attorney General Barbara D. Underwood announced today that Dermatology Associates of Central New York, PLLC (Dermatology Associates) will pay $811,196.88 to resolve allegations that it violated the federal and New York False Claims Acts by knowingly billing the federal and state governments for medical services at a higher rate than appropriate.

“The integrity and strength of our federal health care system depends on accurate and honest billing for services,” said United States Attorney Jaquith.  “We will continue to use the False Claims Act to hold healthcare providers accountable when they submit inflated claims.”

Dermatology Associates is a medical practice based in Fayetteville, New York.  The practice is owned and operated by a married couple, both of whom are medical doctors, and employs several non-physician practitioners (NPPs), such as physician assistants and nurse practitioners, who render care to Medicare, Medicaid, and TRICARE beneficiaries.

In certain circumstances, Medicare and TRICARE allow practices to bill for services furnished by an NPP “incident to” the services that are rendered by a physician.  These services, even though not personally rendered by a physician, may be billed in a physician’s name if several requirements are met.  One such requirement is that a physician directly supervise the NPP rendering the services, meaning that a physician is present in the office suite and immediately available to furnish assistance and direction throughout the procedure.  Although Medicare and TRICARE will reimburse practices for certain procedures rendered by NPPs without a physician’s direct supervision, such services are reimbursed at a lesser rate than service rendered or directly supervised by a physician.

The New York State Medicaid Program (Medicaid) does not allow for incident-to billing.  In order for an NPP to receive reimbursement for services provided to a Medicaid eligible client, an NPP is required to be enrolled as a Medicaid provider with the New York State Department of Health.

From March 2009 through February 2015, Dermatology Associates generally operated six days a week for several hours each day, but a physician was physically present in the office suite on a more limited basis.  Dermatology Associates caused its billing company to submit thousands of claims for payment to Medicare, Medicaid, and TRICARE for services that were rendered by NPPs but improperly identified one of Dermatology Associates’ physician owners as the rendering or supervising provider on days when no physician was in the office.  Dermatology Associates, which cooperated during the investigation, admitted that the practice caused its billing company to submit claims for services rendered by NPPs as though such services had been provided or supervised by a physician on more than 200 days that the physicians were traveling outside of New York State.  Dermatology Associates further acknowledged that some of the NPPs who treated Medicaid clients during this period were not credentialed to do so in New York and, in such circumstances, the uncredentialed providers were billed in a physician’s name.

“The irresponsible behavior by Dermatology Associates compromised the integrity of the Medicare, Medicaid, and TRICARE programs, and wasted taxpayer dollars,” said Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (HHS-OIG).  “Along with our law enforcement partners, HHS-OIG will continue to ensure that providers that do business with federally funded health care programs do so in an honest fashion.”

“The civil settlement announced today is the direct result of a joint investigative effort,” stated Leigh-Alistair Barzey, Special Agent-in-Charge of the Defense Criminal Investigative Service (DCIS) Northeast Field Office.  “DCIS will continue to work with the U.S. Attorney’s Office for the Northern District of New York, HHS-OIG, the New York State Attorney General’s Office and its other law enforcement partners, to ensure that TRICARE, the Defense Department’s healthcare system for military members, retirees and their dependents, is protected.”

This investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, known as “relators,” to file civil actions on behalf of the government and share in any recovery.  The relator in this case will receive $138,000 of the settlement proceeds.  The case is docketed with the U.S. District Court for the Northern District of New York under number 5:15-cv-315.

The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the New York State Attorney General’s Office, HHS-OIG, and DCIS.  The United States was represented by Assistant U.S. Attorney Adam J. Katz and New York State was represented by Special Assistant Attorney General Paul R. Berry.

ALBANY, NEW YORK – Robert Carville, age 56, formerly of Johnstown, New York, pled guilty today to storing hazardous waste without a permit at the former Carville National Leather Corporation building in Johnstown.

The announcement was made by United States Attorney Grant C. Jaquith and Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York.

Carville National Leather Corporation was a family owned tannery business that operated in Johnstown from 1976 until it closed for financial reasons in September 2013. Robert Carville owned and operated Carville National Leather for approximately 10 years leading up to its closing.

In pleading guilty, Carville admitted that as the owner and manager of the tannery, he was responsible for the materials inside the tannery when it closed. Carville ultimately moved to another state and left behind, in the tannery building, hundreds of containers of hazardous chemicals, including some that had labels on them such as “corrosive,” “acidic,” and “hazardous.” Carville admitted that he did not have a permit to store hazardous materials at the tannery (or anywhere else).  Carville also admitted that he stored these chemicals illegally for more than 2 years.

Carville will be sentenced on May 20, 2019 by Senior United States District Judge Frederick J. Scullin, Jr.  He faces up to 5 years in prison and a maximum fine of up to $50,000 per day of violation. 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 EPA-CID and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

ALBANY, NEW YORK – Ozeias Teixeira-De Souza, age 33, and a citizen of Brazil, was sentenced on Friday to time served (151 days in jail) for illegally re-entering the United States.

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

As part of his guilty plea, Teixeira-De Souza admitted that he was removed from the United States to Brazil on October 9, 2005.  On July 2, 2018, ICE Officers encountered Teixeira-De Souza in Watervliet, New York, determined that he was in the country illegally, and arrested him. 

Following his sentencing, Teixeira-De Souza was remanded to the custody of the Department of Homeland Security for removal proceedings.     

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

ALBANY, NEW YORK – Arthur L. Gurbey, age 46, of Green Island, New York, appeared today on a criminal complaint charging him with receiving and possessing child pornography.

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

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

According to the complaint, Gurbey became involved in a text message conversation with an undercover law enforcement officer posing as a 15-year-old girl.  Gurbey arranged to meet with the girl at what he believed to be the girl’s residence in Saratoga County.  When Gurbey approached the residence, investigators appeared and Gurbey attempted to discard his cell phone.  The cell phone contained video and image files depicting the sexual abuse of children. 

If convicted, Gurbey faces at least 5 years and up to 20 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.

Gurbey, who was arrested Tuesday, appeared today before United States Magistrate Judge Daniel J. Stewart, and was ordered detained.  Gurbey also faces state charges in Milton Town Court relating to his discussions with the undercover police officer.

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of state and local law enforcement agencies including the Saratoga County Sheriff’s Office and the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – A federal grand jury has indicted Tyler King, age 29, of Grand Prairie, Texas, for conspiring to access and install malicious software on a technology company’s computer network

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

According to the indictment, King conspired with Ashley St. Andria to gain unauthorized access to the computer network of a New York-based technology company.  The conspiracy involved creating unauthorized network user accounts to access emails and files of senior company officials, and installing malicious software designed to circumvent security measures and permit the monitoring and alteration of the company’s records.

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

King’s alleged co-conspirator, Ashley St. Andria, age 29, of Irving, Texas, pled guilty to computer fraud on August 15, 2018.  St. Andria is scheduled to be sentenced on April 15, 2019 in Albany by Senior United States District Judge Thomas J. McAvoy.

The case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Christian Roman, age 24, of Schenectady, New York, pled guilty to stealing firearms from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County, and to possessing, concealing, and transporting those stolen firearms.

The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

As part of his guilty plea, Roman admitted that on the night of October 22, 2017, he broke into Target Sports while it was closed and, with the help of Jose Fontanez, stole dozens of firearms from inside the gun store located on Saratoga Road in Glenville.  The firearms included pistols, shotguns, and rifles.  With the assistance of various accomplices, Roman and Fontanez spent the following two days moving the stolen firearms between various locations in Schenectady and Amsterdam, New York, including private residences, a self-storage unit, and a motel.  Finally, as Roman further admitted, on October 24, 2017, he and Fontanez, with the help of yet more accomplices, transported the stolen firearms to Rochester, New York.

At sentencing on April 10, 2019 in Syracuse, Roman faces up to 20 years in prison, a maximum fine of $500,000, and up to 3 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Jose Fontanez, age 36, of Schenectady, pled guilty earlier this year to stealing the firearms and other, related charges.  He is scheduled to be sentenced on April 22, 2019.

Omar DeJesus, age 31, of Amsterdam; Dalmary Morales, age 37, of Schenectady; and Juan Saez, age 35, of Rochester, all pled guilty earlier this year for their respective roles in stealing, transporting, and possessing the firearms.  DeJesus is scheduled to be sentenced on December 17, 2018.  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 – Rosibel Catalan-Bonifacio, age 24, and a citizen of Mexico, pled guilty today to illegal re-entry into the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Catalan-Bonifacio admitted as part of her guilty plea that she is a citizen of Mexico, and that she was removed from the United States to Mexico a total of 5 times, the most recent removal taking place on December 5, 2014.  On each occasion, Catalan-Bonifacio had been arrested by immigration authorities in Arizona after she entered the United States without inspection from Mexico.  

On August 1, 2018, she was arrested by a Border Patrol Agent in Champlain, New York, after she illegally entered the United States from Canada by walking across the border approximately 3 miles west of the Champlain Port of Entry, thereby avoiding immigration and customs inspection.  Catalan-Bonifacio admitted that she returned to the United States without permission following the prior removals.   

Catalan-Bonifacio faces up to 2 years in prison and a fine of up to $250,000 when she is sentenced by United States District Judge Mae A. D ’Agostino on March 25, 2019.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

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

ALBANY, NEW YORK – Alejandro Olvera-Servin, age 38, and a citizen of Mexico, was sentenced today to time served (163 days in jail) for illegal re-entry into the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

Olvera-Servin admitted as part of his guilty plea that he is a citizen of Mexico, and that he was removed from the United States to Mexico on March 19, 2016 and again on April 27, 2018.  On each occasion, Olvera-Servin had been arrested by immigration authorities in Texas after he entered the United States without inspection from Mexico.  

On June 19, 2018, he was arrested by a Border Patrol Agent in Mooers, New York, after he illegally entered the United States from Canada by walking across the border approximately 10 miles to the west of the Champlain Port of Entry, thereby avoiding immigration and customs inspection.  Olvera-Servin admitted that he returned to the United States without permission following the 2016 and 2018 removals.   

Following the sentencing, Olvera-Servin was remanded to the custody of the Department of Homeland Security, for removal proceedings.

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

ALBANY, NEW YORK – Jeremey VanWormer, age 32, of Cohoes, New York, formerly of Selkirk, New York, was sentenced today to 70 months in prison for conspiring to transport more than 100 kilograms of marijuana across the country, from California to New York, and conspiring to launder more than $650,000 in drug proceeds.

The announcement was made by United States Attorney Grant C. Jaquith and Joseph Cronin, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division.

Senior United States District Judge Lawrence E. Kahn also ordered VanWormer to pay a $20,000 fine, and to forfeit $100,000 in drug trafficking proceeds and a commercial vehicle.  Judge Kahn also imposed an 8-year term of supervised release, to begin after VanWormer is released from prison.

As part of his guilty plea, VanWormer admitted that a California-based co-conspirator purchased marijuana from growers in California, and mailed packages containing marijuana to addresses that were supplied by VanWormer. These addresses corresponded to residences in Watervliet, Kingston, Troy, Menands and Niskayuna, and were residences that either VanWormer owned at the time or were residences of people whom he knew.

VanWormer and the California-based co-conspirator used the proceeds of marijuana sales to purchase additional marijuana from California.  In order to send the marijuana sale proceeds from New York to the co-conspirator in California, VanWormer asked friends and acquaintances to open accounts at Bank of America and JP Morgan Chase.  These accounts received more than $650,000 deposited at bank branches in the Northern District of New York, which the co-conspirator withdrew in California and used principally to purchase marijuana that was then mailed to the residential addresses that VanWormer provided.

This case was investigated by the United States Postal Inspection Service, Homeland Security Investigations and the U.S. Drug Enforcement Administration, with assistance from the Colonie and Bethlehem Police Departments, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

SYRACUSE, NEW YORK – APC Paper Group of New York, Inc., which operates a paper mill in Norfolk, New York, pled guilty today in federal court in Syracuse to negligently discharging wastewater into the Raquette River between 2013 and 2015, in violation of the Clean Water Act, and was sentenced to a fine of $125,000, announced United States Attorney Grant C. Jaquith; Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York; and Bernard Rivers, Director of Law Enforcement, New York State Department of Environmental Conservation (DEC).

In pleading guilty, APC Paper Group admitted that between January 2013 and September 2015, its paper mill in Norfolk repeatedly violated the daily maximum and monthly average limits of bio-chemical oxygen demand (“BOD”) in its wastewater discharges into the Raquette River. BOD is the amount of dissolved oxygen necessary for microorganisms in the water to break down organic material. BOD levels also provide an index for measuring the effect discharged wastewater will have on a body of fresh water receiving it. In this case, the paper mill’s Clean Water Act permit restricted the amount of BOD the paper mill could discharge through its wastewater on a daily and monthly basis. As part of the guilty plea, APC Paper Group admitted in court today that a former employee, Michael Ward, who previously pled guilty to similar criminal charges in federal court, was aware of the BOD exceedances, failed to report them to his superiors at APC Paper Group, and prepared false and fraudulent monthly reports that were submitted to DEC. APC Paper Group further admitted that it failed to meaningfully supervise Ward and failed to verify the accuracy of the discharge reports the company sent to DEC and that its negligence led to the illegal discharges of wastewater containing excessive amounts of BOD.

United States Attorney Jaquith said, “In pleading guilty today, APC Paper Group accepted responsibility for its paper mill’s negligent discharges of polluted wastewater into the Raquette River, and for its failure to supervise adequately the responsible employee.  Securing environmental compliance and appropriate corporate and individual accountability for illegal pollution are the key components of our continuing commitment to work with the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation to enforce vigorously the laws that protect our air, water, and land for the benefit of all.”

“New Yorkers expect their waterways to be clean and safe from excessive industrial discharges,” said Special Agent in Charge Tyler Amon of EPA’s Criminal Investigation Division.  “APC violated their wastewater permit when they discharged above their approved limits, and then falsified their reports to cover up the violation.  EPA, along with its state and local partners, is committed to protecting the health and safety of our citizens and our environment.”

“By submitting falsified reports to DEC and negligently allowing contaminated water to be introduced into the environment, the company was risking the health and safety of the Raquette,” said DEC Commissioner Basil Seggos. “I commend the work of DEC’s Bureau of Environmental Conservation Investigations Unit (BECI), as well as the U.S. Environmental Protection Agency and the U.S. Attorney’s Office for their work in bringing this case to justice.”

In a signed plea agreement submitted to the Court prior to sentencing, the parties agreed to a recommended sentence of a fine of $125,000 and to an environmental compliance plan requiring specific actions on the part of APC Paper Group until January 1, 2020. United States Magistrate Judge David E. Peebles, who presided over today’s proceedings, imposed the recommended sentence, including the $125,000 fine.

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

 

ALBANY, NEW YORK – Katie Bessette, age 30, of Troy, New York, was sentenced today to time served (2 days in jail) for conspiring to distribute 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.

As part of her June 27, 2018 guilty plea, Bessette admitted that on December 3, 2017, she distributed approximately 527 grams of cocaine to a co-conspirator at a shopping center in Albany County.   

Senior United States District Judge Gary L. Sharpe also imposed a 3-year term of supervised release.  

This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK – Miles Bailey, age 53, of Queens, New York, and formerly of Albany, pled guilty today to conspiring to commit theft of public money, theft of public money, and aggravated identity theft.  Bailey was set to stand trial beginning today in Syracuse.

The announcement was made by United States Attorney Grant C. Jaquith and James Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.

As part of his plea, Bailey admitted that between March 2011 and July 2014, he and others knowingly submitted fraudulent income tax returns to the IRS on behalf of at least 50 individual victims.  The returns falsely claimed that these individuals were entitled to income tax refunds from the federal government.  The conspirators obtained the resulting fraudulent tax refund checks from the Department of the Treasury by mail.  Bailey then deposited the checks into his various bank accounts and spent or distributed the proceeds. 

Bailey faces at least 2 years and up 10 years in prison, and up to 3 years of post-imprisonment supervised release, when Senior United States District Judge Frederick J. Scullin Jr. sentences him on May 20, 2019.  Bailey will also be required to pay a forfeiture money judgment of approximately $1,963,991, which was the amount of fraudulent proceeds that he deposited into his bank accounts.

Two co-conspirators, Eric Thorne, age 50, of Albany, and James Simmons, age 50, of Rensselaer, previously pled guilty to conspiracy to commit theft of public funds and will be sentenced on May 21, 2019. 

This case was investigated by IRS-Criminal Investigation, the Town of Colonie Police Department, the Town of Niskayuna Police Department, the City of Albany Police Department, the New York State Police, and the United States Postal Inspection Service. 

This case is being prosecuted by Assistant U.S. Attorney Megan Kistler.

PLATTSBURGH, NEW YORK – Hector Vinicio Howell-Calvo, age 50, a Canadian resident and Costa Rican citizen, was arrested on November 23 for encouraging and inducing three aliens, all Mexican citizens, to illegally enter the United States. 

The announcement was made by United States Attorney Grant C. Jaquith; Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry; and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

According to the criminal complaints, Howell-Calvo attempted to drive to the United States through the Mooers, New York, Port of Entry on the morning of November 23, 2018. 

During inspection at the Port of Entry, Howell-Calvo admitted to Customs and Border Protection Officers that he drove three Mexican citizens to the Canadian side of the border, where they planned to cross the border on foot, and that Howell-Calvo planned to pick up the Mexican citizens on the United States side of the border and to drive them to Newark, New Jersey. 

Border Patrol Agents then found the three aliens walking in Mooers Forks, New York.   Further investigation revealed that each of them paid or planned to pay Howell-Calvo 3,000 Canadian dollars in exchange for helping them illegally enter the United States. 

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

The three Mexican citizens are Martin Soriano-Trujillo, Leobardo Uriel Soriano-Trujillo, and Jose Manuel Rodriguez-Garcia.

Leobardo Soriano-Trujillo and Rodriguez-Garcia have been charged with the misdemeanor crime of illegal entry.  Martin Soriano-Trujillo, who was deported from the United States on October 21, 2011, has been charged with illegal re-entry, a felony.

The charge filed against Howell-Calvo carries a maximum sentence of 10 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by U.S. Customs and Border Protection and U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Shira Hoffman.

ALBANY, NEW YORK – Justin W. May, age 36, of Edinburg, New York, pled guilty today to possessing a machine gun, possessing handguns in furtherance of a drug trafficking crime, and manufacturing marijuana.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Office; and New York State Police Superintendent George P. Beach II.

On April 12, 2016, the New York State Police responded to a call for shots fired on Fox Hill Road in Edinburg.  Upon arrival, one individual was immediately taken into custody, but the second shooter, later identified as May, was not visible.  In response, State Police members looked around May’s property and observed a marijuana grow operation, along with an AR-15-type weapon. 

May later returned home and was taken into custody.  He possessed two handguns in his vehicle.  The State Police executed a search warrant on the property and found marijuana plants in various stages of growth, approximately 6 pounds of processed marijuana, two semi-automatic rifles, and other firearms.

Further ATF examination of one of the rifles, an AR-15 type, .300 Blackout caliber rifle, concluded that the hammer had been modified to allow the firearm to fire automatically, as a machine gun.  May admitted that he knew the Blackout rifle, as modified, was a machine gun, and that he possessed two handguns to protect his marijuana grow operation and drug money.

May faces at least 5 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 2 years when sentenced by United States District Judge Mae A. D’Agostino on March 25, 2019.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

This case was investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – William L. Hale, a/k/a “Man,” age 44, of Schenectady, New York, was sentenced today to 180 months for distributing 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).

Senior United States District Judge Gary L. Sharpe also imposed a 15-year term of supervised release, to begin after Hale is released from prison.

As part of his guilty plea, Hale admitted that he distributed more than 28 grams of cocaine base (a/k/a crack cocaine) on November 18, 2016.  This is Hale’s fifth drug felony conviction.

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.  This case was prosecuted by Assistant U.S. Attorney Michael Barnett.