Northern District of New York
Press releases recorded for this federal judicial district.
Brazilian Man Sentenced for Illegal Alien SmugglingRead the Press Release
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.
Baltimore Man Pleads Guilty to Running Tax Refund Scam in Central New YorkRead the Press Release
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.
Saratoga County Man Sentenced to 18 Months for Failing to Update His Sex Offender RegistrationRead the Press Release
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.
Dermatology Associates of Central New York to Pay More than $811,000 for Submitting False Claims to Federal and State Health Care ProgramsRead the Press Release
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.
Former Owner of Fulton County Tannery Plant Pleads Guilty to Felony Storage of Hazardous WasteRead the Press Release
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.
Brazilian Citizen Sentenced for Illegal Re-entryRead the Press Release
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.
Green Island Man Arrested on Child Pornography ChargesRead the Press Release
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.
Texas Man Indicted for Conspiracy to Commit Computer FraudRead the Press Release
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.
Schenectady Man Pleads Guilty to Breaking into Store and Stealing FirearmsRead the Press Release
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.
Mexican Woman Admits Illegal Re-entry into United StatesRead the Press Release
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.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
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.
Cohoes Man Sentenced to 70 Months on Marijuana and Money Laundering ConvictionsRead the Press Release
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.
APC Paper Group Pleads Guilty to Violating Clean Water ActRead the Press Release
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.
Troy Woman Sentenced for Conspiring to Distribute CocaineRead the Press Release
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.
Queens Man Pleads Guilty to Stolen Identity Refund FraudRead the Press Release
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.
Canadian Resident Arrested for Alien SmugglingRead the Press Release
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.
Saratoga County Man Admits Machine Gun Possession and Possessing Handguns in Furtherance of a Drug Trafficking CrimeRead the Press Release
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.
Schenectady Man Sentenced to 180 Months for Distributing Crack CocaineRead the Press Release
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.
Fort Edward Man Sentenced to 292 Months for Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – James Mattison, age 47, of Fort Edward, New York, was sentenced today to 292 months in prison for sexually exploiting a child.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, Mattison admitted that in October 2016, he exchanged more than 7,100 text messages with a 13-year-old boy whom he had met online using the Live.me phone application. Mattison claimed to be a teenage girl named Megan Mattison, and coerced the victim into taking and sending sexually explicit photographs of himself by threatening to commit suicide if the victim refused.
Senior United States District Judge Gary L. Sharpe also imposed a life term of supervised release, to begin after Mattison is released from prison. Mattison will also have to register as a sex offender when he is released from prison.
This case was investigated by the FBI, with assistance from the New York State Police and Washington County Probation Department, and was prosecuted by Assistant U.S. Attorney Alicia G. Suarez.
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/.
Romanian Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Gabriel Vasile Lincan, age 47, and a citizen of Romania, was sentenced today to time served (47 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.
Lincan was arrested by Border Patrol Agents in Champlain, New York, after he was caught entering the United States from Canada without inspection on October 3, 2018. Lincan had previously been removed from the United States to Romania on September 1, 2017. Lincan admitted that he returned to the United States without permission following the September 2017 removal.
Following the sentencing, Lincan was remanded to the custody of the Department of Homeland Security, for removal proceedings.
When Lincan entered the United States, he did so with his son, Gabriel Diego Constantin. Constantin, age 20, also a citizen of Romania, was convicted of the misdemeanor offense of entry without inspection on October 11, 2018 and sentenced to 23 days in jail.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Pittsford Man Sentenced to 20 Years for Unlawful Purchase of Shotgun Used to Kill His FatherRead the Press Release
SYRACUSE, NEW YORK - Charles J. Tan, age 23, of Pittsford, New York, was sentenced today to 20 years in prison in connection with the unlawful purchase of a shotgun that was used to murder his father in 2015, announced United States Attorney Grant C. Jaquith; Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-New York Field Division; and Monroe County Sheriff Todd Baxter. Tan was also sentenced to serve a 3-year term of supervised release following his release from incarceration.
On June 22, 2018, Tan pled guilty to three federal felonies: receiving a firearm with intent to use it to commit a felony, causing another to make a false written statement to a federal firearms dealer, and causing another to make a false record required by law to be kept by a federal firearms dealer. In doing so, Tan admitted that in February 2015, he caused a fellow Cornell University student to make an unlawful “straw purchase” of a 12-gauge shotgun for him from the Walmart in Cortland, New York. Tan, a Canadian citizen, acknowledged that he falsely told the fellow student that he needed the firearm for hunting, when his actual intent was that it be used to shoot his father. In February 2015, the defendant’s father, Liang “Jim” Tan, was shot to death in his home in Pittsford. Monroe County Sheriff’s Deputies found him seated at his desk in his study, shot multiple times at close range by a 12-gauge shotgun. The state murder trial of Charles Tan in Monroe County Court ended on October 8, 2015 in a hung jury and the case was later dismissed by the presiding state court judge in November 2015. The federal investigation found evidence that just prior to the murder of his father, Charles Tan emptied a bank account and told friends he would be leaving Cornell University.
United States Attorney Jaquith said, “Justice has finally been done in this case. Charles Tan went to great lengths to obtain a shotgun in Cortland with lies about the actual purchaser and intended use and planned to leave college and flee the country. He drove three hours to Rochester, visited friends for four hours, and then went home, where he found his father working at his home computer in his slippers and gunned him down, savagely shooting him three times in the chest and face. The sentence to imprisonment for 20 years reflects the finding by the court that Tan obtained the shotgun to commit this premeditated murder. Justice was secured through great work by Supervisory Assistant U.S. Attorney Lisa Fletcher, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Monroe County Sheriff’s Department.”
ATF Special Agent in Charge Ashan M. Benedict said, “Combatting the flow of illegal firearms into our communities lies at the heart of ATF’s mission to protect the public from violent crime. In this case, an unlawfully purchased firearm was used to commit a heinous crime that will scar a family and community forever. Today’s sentencing sends a message that ATF and its partners at each and every level are committed to protecting the public from violence and will leave no stone unturned to pursue and aggressively prosecute those who seek to spread violence in their community.”
"The Monroe County Sheriff’s Department is grateful to the U.S. Attorney's Office for the Northern District of New York, especially Assistant U.S. Attorney Lisa Fletcher," said Monroe County Undersheriff Korey Brown. “Her efforts were able to bring justice to Charlie Tan for his involvement in the murder of his father, Jim Tan."
This case was investigated by the ATF and the Monroe County (New York) Sheriff’s Office, and was prosecuted by Assistant United States Attorneys Lisa M. Fletcher and Miroslav Lovric.
The case is part of Project Safe Neighborhoods, a nationwide U.S. Department of Justice initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
Canadian Man Admits Attempted Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Ali Haider Pasha, age 23, of Cornwall, Ontario, Canada, pled guilty today to attempted illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert Dwyer, Customs and Border Protection (CBP) Port Director for the Massena, New York, Port of Entry.
Pasha, a citizen of Canada, was removed from the United States to Canada on May 10, 2018 following his November 2017 conviction for the felony offense of evidence tampering, in Clinton County, New York. When Pasha was removed from the United States, he was advised that he was prohibited from seeking to return to the United States for a period of 10 years. On September 8, 2018, Pasha was arrested by CBP Officers as he tried to enter the United States as a passenger in a vehicle at the Massena Port of Entry. A fingerprint check of Pasha resulted in the discovery of the prior removal. Pasha admitted that he attempted to enter the United States without permission following the May 2018 removal.
As a result of his conviction, Pasha faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Thomas J. McAvoy on March 7, 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 CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
College Student in Ithaca Pleads Guilty to Federal Weapons ChargesRead the Press Release
SYRACUSE, NEW YORK – Maximilien R. Reynolds, age 21, of Rumson, New Jersey (currently residing in Ithaca, New York, while attending college), pled guilty yesterday to two federal felony firearms offenses, announced 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); Ashan M. Benedict, Special Agent in Charge of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-New York Field Division; Chief Peter Tyler-City of Ithaca Police Department; and Chief Kathy Zoner-Cornell University Police.
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. Each offense has a maximum sentence of 10 years imprisonment, a fine of up to $250,000.00, and a term of supervised release of 3 years following any term of incarceration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Sentencing is scheduled for March 11, 2019 in Albany, New York, before Senior United States District Judge Thomas J. McAvoy.
As part of his guilty plea yesterday, Maximilien R. Reynolds admitted that on November 28, 2017, he gave another student money to purchase a Savage MSR-15 Multi-Caliber .223/5.56 mm Patrol Rifle. Reynolds later cut down the barrel of the rifle, making it illegal to possess. He also admitted that he possessed a destructive device (bomb) and a firearms silencer seized from his apartment in Ithaca by Federal Agents and Ithaca Police on March 7, 2018. In pleading guilty, he also admitted that he possessed a .25 caliber Bauer Arms semiautomatic pistol with an obliterated serial number that was recovered by New York State Police divers from a canal on the south end of Cayuga Lake.
At the time of his arrest on March 7, 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.
As part of his guilty plea yesterday, Maximilien R. Reynolds also agreed to the forfeiture of the destructive device (bomb) and silencer, as well as to the abandonment of the Bauer Arms .25 caliber semiautomatic pistol with obliterated serial number, 917 rounds of .223 caliber rifle ammunition, 135 rounds of 12 gauge shotgun ammunition, several .223 caliber magazine clips, 2 bullet-proof vests, a laser sight, ball bearings, a gas mask, chemicals of various kinds, a pipe section with one endcap, a flare gun, and other items seized during this investigation from his apartment and a storage unit. The Savage MSR-15 Multi-Caliber .223/5.56 mm Patrol Rifle was previously forfeited through an administrative proceeding.
This case is being investigated by the Federal Bureau of Investigation (FBI), the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the City of Ithaca Police Department, the Cornell University Police, the New York State Police and the Tompkins-Cortland Community College Police and is being prosecuted by Assistant U.S. Attorney Richard Southwick and the Tompkins County District Attorney’s Office.
Salvadoran Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Marvin Jeovanny Flores Escolero, age 37, and a citizen of El Salvador, was sentenced today to time served (30 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).
As part of his guilty plea, Flores Escolero admitted that he was removed from the United States to El Salvador on February 13, 2010. On October 14, 2018, he was arrested by an ICE Officer in Walton, Delaware County, New York.
Following his sentencing, Flores Escolero 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.
Guatemalan Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Mario Alfredo Morales Espinoza, age 25, and a citizen of Guatemala, was sentenced today to time served (63 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).
As part of his guilty plea, Morales Espinoza admitted that he was removed from the United States to Guatemala on January 20, 2014. On September 11, 2018, he was arrested by an ICE Officer in Walton, Delaware County, New York.
Following his sentencing, Morales Espinoza 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.
Schenectady Man Sentenced to 125 Months for Heroin ConspiracyRead the Press Release
ALBANY, NEW YORK – Corey J. White, aka “Stacks,” age 35, of Schenectady, New York, was sentenced today to 125 months in prison, to be followed by 6 years of supervised release, for conspiring to distribute heroin.The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, White admitted that between August 1, 2016 and May 10, 2017, he worked with another person to distribute heroin in Schenectady. He also admitted that on May 11, 2017, he possessed, in his Schenectady residence, about 100 green-colored envelopes, each of which contained heroin packaged for sale, as well as 2 digital scales, drug packaging materials, and $4,462 in cash.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.
Joint Federal-State-Local Drug Enforcement Operation Targets Syracuse DealersRead the Press Release
SYRACUSE, NEW YORK – Seven Syracuse residents face drug charges and other offenses following a joint federal, state, and local law enforcement operation aimed at area drug dealers, announced United States Attorney Grant C. Jaquith, Syracuse Police Chief Frank Fowler, Ashan M. Benedict, Special Agent in Charge of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-New York Field Division, New York State Police Superintendent George P. Beach, II, and United States Marshal David McNulty.
Deandre Peterson, 23, and Damion Anderson, 47, both of Syracuse, are charged in United States District Court for the Northern District of New York (Syracuse) with conspiracy to possess with intent to distribute a controlled substance and distribution of a controlled substance (cocaine base/“crack”). If convicted, they face a maximum term of imprisonment of 20 years in prison, a fine of up to $1 million dollars, and a term of supervised release following incarceration of at least 3 years.
Tyree J. Baker, 33, of Syracuse, is charged in United States District Court for the Northern District of New York (Syracuse) with distribution of a controlled substance (fentanyl). If convicted, he faces a maximum term of imprisonment of 20 years in prison, a fine of up to $1 million dollars, and a term of supervised release following incarceration of at least 3 years.
Tyreece Reeves, 19, of Syracuse, is charged in Syracuse City Court with Criminal Possession of a Controlled Substance (heroin) in the Third Degree, Criminal Possession of a Controlled Substance in the Seventh Degree (cocaine) (two counts), Loitering in the First Degree, and Unlawful Possession of Marijuana, in violation of the New York State Penal Law.
In Federal Court 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.
Kireese Russell, 20, of Syracuse, is charged in Syracuse City Court with Unlawful Possession of Marijuana in violation of the New York State Penal Law.
Ronnie L. Daniels, 22, of Syracuse, is charged in Syracuse City Court with Unlawful Possession of Marijuana under the New York State Penal Law. He was also arrested on outstanding warrants for Harassment, Criminal Contempt in the First Degree, Reckless Endangerment, and Intimidating a Witness, in violation of the New York State Penal Law.
James Dunn, 25, of Syracuse, was arrested on outstanding warrants for Obstructing Governmental Administration in the Second Degree, and Unlawfully Fleeing, in violation of the New York State Penal Law, and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, in violation of the New York State Vehicle and Traffic Law.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
United States Attorney Grant C. Jaquith said, “These arrests should inform those dealing drugs that law enforcement agencies from every level of government have joined forces to address narcotics distribution and the violence it spawns in Syracuse. We will continue to work together to make our neighborhoods and communities safer.”
Syracuse Police Chief Frank Fowler said, “In response to the recent incidents of violence and the rise in fentanyl and synthetic cannabinoid overdoses within the City of Syracuse the United States Attorney’s Office and the Onondaga County District Attorney’s Office in partnership with the City of Syracuse Police Department’s Special Investigations Division conducted a successful city-wide narcotics enforcement operation that resulted in multiple arrests that will have a significant impact on the streets of Syracuse. We could not have completed this operation without the assistance of the Gang Violence Task Force, the Crime Reduction Team, the Criminal Investigation Division, the New York State Police-CNET Central, the Onondaga County Sheriff’s Office Special Investigations Unit, the New York State Division of Parole, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI) and the United States Marshall Service. We value these partnerships and the excellent relationships we have forged within the Central New York Narcotics Enforcement Community. Operations of this magnitude are inherently dangerous and complex and could not be completed without the tremendous efforts of our individual law enforcement officers working together in an effective, coordinated fashion made possible through years of mutual support. The City of Syracuse Police Department will continue to execute similar investigations moving forward and in response to any emergent threats to the community.”
Special Agent in Charge of ATF’s New York Field Division Ashan M. Benedict, said, “ATF stands committed to working with all of its state, local and federal partners to curb the spread of illegal narcotics and the death and violence it brings to our communities. I would like to thank all of our law enforcement partners for their collaboration and communication that made this case possible. I would also like to thank the United States Attorney’s Office and the Onondaga County District Attorney’s Office for their work in prosecuting these cases.”
New York State Police Superintendent George P. Beach, II said, “We have zero tolerance for those who bring illegal and dangerous drugs into our neighborhoods with absolutely no regard for the negative impacts that result. I applaud our partners for the hard work that went into this operation, and we will continue our collaborative efforts to stem the flow of illegal drugs into our communities.”
United States Marshal David McNulty said, “The U.S. Marshals Service enjoys a great relationship with our law enforcement partners and whenever they require our assistance to track down criminal suspects, we will be there to help bring them to justice.”
These cases are being investigated by United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Special Investigations Division (SID), the New York State Police-Community Narcotics Enforcement Team (CNET), the United States Marshals Service, The Federal Bureau of Investigation (FBI), the United States Drug Enforcement Administration (DEA) and the Onondaga County Sheriff’s Department. These cases are being prosecuted by Assistant U.S. Attorney Michael Perry and the Onondaga County District Attorney’s Office.
Albany County Man Admits Distributing Child Pornography over Encrypted Messaging ApplicationRead the Press Release
ALBANY, NEW YORK – Derek Boprey, age 31, of Ravena, New York, pled guilty today to 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 another man, also residing in the Capital Region. 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.
Boprey, who was ordered into custody today, faces at least 5 years and up to 20 years in prison, to be followed by post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced on March 6, 2019 by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Boprey would also have to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department. The case is being prosecuted by Assistant United States Attorney Michael Barnett with assistance from the Albany County District Attorney’s Office.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
State Contractor Convicted of Defrauding New York State on Federally Funded ContractsRead the Press Release
SYRACUSE, NEW YORK – A jury voted yesterday to convict Nathaniel P. Lorenz, age 47, of Holley, New York, of wire and mail fraud charges, following a 7-day trial.
The announcement was made by United States Attorney Grant C. Jaquith; Douglas Shoemaker, Special Agent in Charge of the Northeast Regional Office of the United States Department of Transportation, Office of Inspector General (USDOT-OIG); New York State Inspector General Catherine Leahy Scott; and Robert L. Keihm, Chief Investigator for the New York State Department of Transportation (NYSDOT) Investigations Bureau.
The evidence at trial established that Lorenz, a former police officer and sheriff’s deputy, submitted fake invoices to the New York State Department of Transportation (NYSDOT) in order to conceal that he was not buying the materials needed to perform bridge maintenance contracts in the Binghamton and Buffalo regions.
United States Attorney Grant C. Jaquith stated: “Nathaniel Lorenz ripped off New York State taxpayers by doing shoddy maintenance work on bridges New Yorkers depend on every day and then submitting phony paperwork to cover up his fraud. Together with our state and federal law enforcement partners, we will continue to vigilantly watch over federally funded contractors so that taxpayers get what they pay for.”
DOT-OIG Special Agent in Charge Douglas Shoemaker stated: “The conviction of Nathaniel P. Lorenz for fraud related to federally funded New York State Department of Transportation contracts demonstrates our commitment to maintaining the safety and integrity of public infrastructure projects. Working with our law enforcement and prosecutorial partners, we will continue our vigorous efforts to prevent, detect and prosecute individuals who inappropriately use federal taxpayer dollars.”
New York State Inspector General Catherine Leahy Scott stated: “This greedy contractor spent years blatantly shortchanging taxpayers and lining his own pockets while hastening the deterioration of highway pavement for which he was paid millions of dollars to help protect. The federal jury easily saw right through his criminal scheme and convicted him on all counts. I thank the United States Department of Transportation Office of the Inspector General and the New York State Department of Transportation for their partnership investigating this matter, and United States Attorney for the Northern District of New York Grant C. Jaquith and his office for prosecuting this matter.”
Lorenz’s company, ACME Powerwashing Inc. (ACME) of Holley, contracted with NYSDOT in 2015 and 2016 to clean and seal the road portions of bridges, known as concrete bridge decks. The work involved cleaning the bridge decks and then sealing them with a chemical that makes the concrete more resistant to penetration by water, chlorides and waterborne contaminants, which might cause potholes and other deterioration. The Federal Highway Administration, part of the United States Department of Transportation, provided most of the money for these contracts.
Each of these contracts required ACME to purchase a certain amount of sealing chemical, based on how many square feet of concrete bridge deck was sealed. On three contracts in 2015 and 2016, Lorenz submitted fraudulent invoices to NYSDOT in order to conceal that he was not buying the amount of the sealing chemicals required by the contracts. Lorenz falsely claimed that he was buying sealing chemicals from S.E. Brett, Inc., another company that he owned that does not sell anything.
On these 3 contracts alone, NYSDOT paid ACME more than $1.1 million for bridge sealing work, and about $759,000 for bridge cleaning and other work. The evidence at trial established that ACME, which had been a NYSDOT contractor since 2010, was not buying the appropriate amount of sealing chemicals since at least 2012 and had saved at least $500,000 in avoided material costs. The loss to the government will be determined at sentencing.
Sentencing is scheduled for February 14, 2019 in Syracuse before Senior United States District Judge Norman A. Mordue. Lorenz faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. He may also be ordered to pay restitution to one or more governmental agencies. 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 USDOT-OIG, NYSDOT’s Investigations Bureau, and the Office of the New York State Inspector General, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Plattsburgh Contractor Pays $350,000 to Resolve Claims Related to Bridge-Sealing ProjectsRead the Press Release
ALBANY, NEW YORK – Dandrow’s Painting, Inc. (Dandrow’s) has agreed to pay $350,000 to resolve allegations that it failed to purchase and apply sufficient quantities of a penetrating sealing agent to meet its obligations under federally funded contracts. The announcement was made by United States Attorney Grant C. Jaquith; Douglas Shoemaker, Special Agent in Charge of the Northeast Regional Office of the United States Department of Transportation, Office of Inspector General (USDOT-OIG); New York State Inspector General (NYS-IG) Catherine Leahy Scott; and Robert L. Keihm, Chief Investigator for the New York State Department of Transportation (NYSDOT) Investigations Bureau.
NYSDOT has contracts for the washing and sealing of concrete bridge decks that are funded, in part, with federal funds. These contracts require the application of a penetrating sealing agent at specified rates to ensure the protection and integrity of the bridge decks over their useful lives. If a sufficient quantity of the sealant is not applied, the bridge deck may not be protected against weather-related deterioration. During the course of its investigation, USDOT-OIG and NYS-IG discovered that Dandrow’s had not purchased sufficient quantities of the sealing agent to satisfy its contractual obligations under its contracts with NYSDOT.
United States Attorney Jaquith said: “Safeguarding public dollars is one of this office’s top priorities. When companies enter into federally funded contracts, they must ensure that they are complying with their contractual obligations. Today’s settlement reaffirms our commitment to ensuring that taxpayers are receiving the benefit of their bargain. I would like to thank the agents from USDOT-OIG, NYS-IG and NYSDOT for their diligent efforts to bring this matter to a successful conclusion.”
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, USDOT-OIG, NYS-IG and NYSDOT. The United States was represented by Assistant United States Attorney John Hoggan.
Schenectady Man Pleads Guilty to Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Lance Green, age 37, of Schenectady, New York, pled guilty yesterday to conspiring 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).
As part of his plea, Green admitted that between December 2015 and May 2016, he was a member of a drug trafficking organization that conspired to distribute at least 28 grams of crack cocaine in Schenectady.
Green faces at least 10 years and up to life in prison, and at least 8 years of post-imprisonment supervised release, when United States District Judge Mae A. D’Agostino sentences him on March 5, 2019.
A co-conspirator, Ray A. Perkins, age 31, of Schenectady, pled guilty and was sentenced to 60 months in prison on July 11, 2017.
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 and Schenectady County District Attorney’s Office.
This case is being prosecuted by Assistant U.S. Attorneys Megan Kistler and Michael Barnett.
Jury Convicts Plattsburgh Woman of Conspiring to Distribute HeroinRead the Press Release
ALBANY, NEW YORK – A jury voted yesterday to convict Danielle Conners, age 33, of Plattsburgh, New York, of conspiring to distribute heroin, following a 6-day trial. Nine other defendants in the case previously pled guilty.
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.
The evidence at trial established that Kyle Touchstone, Melissa Kusalonis and others sold heroin in Plattsburgh. On May 21, 2017, Conners gave Touchstone and Kuslaonis $700 to purchase heroin, with the understanding that Touchstone and Kusalonis would double her money by selling the heroin. Conners’s co-conspirators referred to her as an “investor” in the heroin trafficking conspiracy. In addition to providing Touchstone and Kuslonis with $700 to purchase heroin, Conners loaned her car to them so that they could pick up the heroin in Schenectady, New York. She also drove Touchstone and Kusalonis to sell the heroin in Plattsburgh. At the time of her arrest on May 25, 2017, Conners possessed $1,033 in cash, which was proceeds from the sale of heroin.
At sentencing scheduled for March 5, 2019, before United States District Judge Mae A. D’Agostino, Conners faces up to 20 years in prison, a term of post-release supervision of at least 3 years and up to life, and a maximum fine of $1 million.
Conners was charged along with nine other people in two related indictments pertaining to a heroin distribution ring that transported heroin from Schenectady and Annapolis, Maryland, and sold it in the Plattsburgh area. These nine other defendants have pled guilty to conspiracy to possess with intent to distribute and to distribute heroin:
- Kyle Touchstone, age 31, of Plattsburgh;
- Melissa Kusalonis, a.k.a. “Mel,” “Liss,” age 36, of Plattsburgh;
- Jimolo Coates, a.k.a. “Lo,” Marlo,” “Brodie,” age 25, of Annapolis;
- Tynaejah Thompson, a.k.a. “Naee,” age 20, of Annapolis;
- Kiara Scott, age 29, of Annapolis;
- Anthony DeFilippo, a.k.a “Flip,” age 37, of Schenectady;
- Charles Adams, a.k.a. “Chuck,” age 33, of Peru, New York;
- Travynn Ippolito, a.k.a “Trav,” age 30, of Plattsburgh; and
- Luke Kiroy, age 33, of Saranac, New York.
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 is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita.
Schenectady Felon Convicted of Illegally Possessing Handgun and AmmunitionRead the Press Release
ALBANY, NEW YORK – A jury today voted to convict John “Body” Coffin, 49, of Schenectady, New York, for illegally possessing a handgun and ammunition, following a five-day trial. The jury acquitted Coffin on a second charge, of possessing a firearm in furtherance of a drug trafficking offense.
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 evidence at trial established that Coffin provided a Walther P22 .22 caliber firearm, which he described as “the murderer’s gun,” and nine rounds of ammunition to another man in Schenectady, New York.
Coffin could not possess the handgun or ammunition because of prior felony convictions for drug and assault offenses. As a result of this jury conviction, Coffin is an Armed Career Criminal. He faces at least 15 years and up to life in prison when he is sentenced by Senior United States District Judge Thomas J. McAvoy on March 11, 2018. 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 prosecution resulted from an investigation by the Capital District Safe Streets Task Force, which includes members of the FBI, United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.
The case is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Married Couple Indicted for Conspiracy to Sexually Exploit a Two-Year Old ChildRead the Press Release
SYRACUSE, NEW YORK – Amber Decker, 24, of Philadelphia, New York and her husband, Logan Decker, 26, of Sioux, Falls, South Dakota, were indicted yesterday by a federal grand jury for conspiring to sexually exploit a two-year old child, announced United States Attorney Grant C. Jaquith and James Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The indictment alleges that from July to September, 2018 the Deckers conspired with one another to use the child to engage in sexually explicit conduct for the purpose of producing visual depictions of the abuse.
Amber Decker was arraigned in federal court today and was ordered detained pending resolution of her case. Logan Decker is currently incarcerated in Sioux Falls, South Dakota, on related charges, and will be transported to federal court in Syracuse for prosecution.
The charge filed against the Deckers carries a mandatory minimum sentence of 15 years, and a maximum sentence of 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. 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. If convicted, the Deckers will be required to register as sex offenders.
The charge in the indictment is merely an accusation. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation (FBI), the New York State Police, the Jefferson County Sheriff’s Office and the Sioux Falls, South Dakota Police Department, and is being prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
RICO Indictment Charges “110” GangRead the Press Release
SYRACUSE, NEW YORK – United States Attorney Grant C. Jaquith today announced the unsealing of an indictment charging 14 men with conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) from 2012 until now. According to the indictment, the 110 Gang uses murder, robberies, assaults, threats and firearms to control the gang’s territory and to expand the gang’s power and reputation. The gang also sells drugs and commits credit card fraud to make money. The indictment alleges that the following defendants, all residents of Syracuse, are members or associates of the 110 Gang:
Daquan Dowdell, a/k/a “Cannon,” age 27
Anthony Hopper, a/k/a “A-Dog,” age 31
Javon Peterson, a/k/a “Blaze,” age 36
Davon Sullivan, a/k/a “Lil Squeeze,” age 23
Jamar Long, a/k/a “Spanky,” age 23
Deshawnte Waller, age 41
Shaquille Breland, a/k/a “Shaq,” age 25
Reddell Smith, a/k/a “Renny,” age 33
Rashwan Wynn, a/k/a “Wormy,” age 42
Qualik Vaughn, a/k/a “Q,” age 24
Terry Linen, a/k/a “Six,” age 26
Jason Lebron, a/k/a “Rilla,” age 26
Kemnorris Kinsey, a/k/a “Pep,” age 31
Damani Prince, age 25
According to the indictment:
The gang’s territory is on the southwest side of the City of Syracuse, defined by Tallman Street to the north, Onondaga Avenue to the west, Centennial Drive to the south and Lincoln Avenue to the east. 110 Gang members routinely guard that territory and resort to acts of violence, if necessary, to ensure that no rival gang members encroach upon their territory to sell drugs, or for any other reason. 110 Gang members also occasionally resort to violence within their territory that is not directly related to their drug business, but helps to cement their reputation as violent and feared criminals. The gang uses intimidation, violence, threats of violence, robberies, assaults, murders and attempted murders to instill fear of the gang, and to protect and expand the gang’s operations. Gang members routinely carry firearms to protect their territory, protect their drug trade, project a violent attitude to rival gang members and to retaliate against rival gang who committed acts of violence against 110 Gang members.
The indictment details numerous specific acts involving murders, robberies, drug trafficking and credit card fraud. Those acts include 2 murders allegedly committed by 110 Gang members as well as several shootings targeting both rival gang members and other members of the public. Other acts are possessions of illegal firearms including the practice of sharing “community” guns among gang members, associates and others. Twenrty acts relate to the 110 Gang’s drug dealing, and 3 relate to its use of counterfeit credit cards at financial institutions, stores and businesses.
All 14 defendants are charged with membership in a RICO conspiracy, conviction for which carries a maximum sentence of up to life imprisonment, a period of supervised release of up to 5 years and a fine of up to $250,000.00. 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.
United States Attorney Grant C. Jaquith said, “Today’s indictment marks the first step in holding 14 members of the 110 Gang responsible for the intimidation, violence, threats, robberies, assaults, and murders their gang has committed in Syracuse. Our work is far from done, and we will continue to collaborate with our federal, state and local law enforcement partners to use every available tool to hold gang members and affiliates responsible for their crimes so that hard-working Syracuse citizens and their children do not have to endure the costs of gang violence. Thank you to all of the law enforcement agencies who worked together to bring this important case.”
“Today's arrests are the result of countless hours of dedicated work," said James Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). "Syracuse neighborhoods are safer than they were just hours ago, but the pursuit of violent gang members is not over. The FBI is committed to working with our law enforcement partners to target and eliminate the significant threats to our communities posed by violent gang activity.”
Syracuse Police Chief Frank Fowler said, “First, I’d like to thank all of our Law Enforcement partners for their help in the investigation and indictment of these violent offenders. Secondly, I think it is important to note that early on in this process, many of our local service providers offered various forms of assistance to gang members who wanted to take a different path. Many of them—in fact more than were indicted today—took advantage of this assistance, and consequently their names and faces are not part of this roundup.”
New York State Police Superintendent George P. Beach, II said, “These arrests show how important collaboration and information sharing are among law enforcement agencies across our state. These vital partnerships were instrumental in these arrests and the dismantling of a dangerous criminal organization. We will not tolerate any kind of gang activity in our communities nor the racketeering, drug trafficking, burglary, and violence perpetuated by it. The State Police and our partners will continue to work together to rid our communities of these dangerous criminals and keep our neighborhoods safe.”
“Historically, the 110 Gang has been a source of drugs, violence, and crime throughout the southwest side of Syracuse,” said U.S Drug Enforcement Administration (DEA) Acting Special Agent in Charge Keith Kruskall. “Fourteen members of this gang are charged in a RICO conspiracy as a result of law enforcement collaboration and a determined goal of making our city safer from gang violence and drug trafficking.”
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police- Gang Violence Task Force, the United States Drug Enforcement Administration (DEA), the United States Marshals Service, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service, the New York State Police, the Onondaga County Crime Analysis Center (OCAC), the New York State Attorney General’s Office, the Onondaga County Sherriff’s Department and the New York State Department of Corrections and Community Supervision, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur, with assistance from the Onondaga County District Attorney’s Office.
Troy Man Sentenced to 84 Months for Trafficking CocaineRead the Press Release
SYRACUSE, NEW YORK – Khalif Cherry, age 40, of Troy, New York, was sentenced today to 84 months in prison, to be followed by 3 years of supervised release, for possessing and intending to distribute cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division.
As part of his guilty plea on May 24, 2018, Cherry admitted that he possessed a package containing 497 grams of cocaine and that he intended to sell that cocaine to others. Cherry also agreed to forfeit his 2008 Lexus ES350, which he used to transport the cocaine.
This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Syracuse Man Pleads Guilty to Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Christopher Martinelli, age 40, of Syracuse, pled guilty today to distributing, receiving and transporting child pornography, announced United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Superintendent George P. Beach II.
As part of his guilty plea, Martinelli admitted to knowingly exchanging sexually explicit photographs with a 14-year-old girl over the Internet, as well as trading child pornography online while on supervised release from a prior felony conviction under the Uniform Code of Military Justice relative to child pornography crimes.
Chief Judge Glenn T. Suddaby will sentence Martinelli on February 28, 2019. If the Chief Judge accepts the recommendation of the parties, Martinelli, who is detained pending sentencing, will receive a sentence of 20 years in prison for his conviction on the child pornography offenses, a consecutive 5-year term of imprisonment for his violation of supervised release, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Martinelli will also be required to register as a sex offender. A defendant’s sentence is based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Office of Probation, New York State Police Major Crimes, and the FBI Syracuse Mid-State Child Exploitation Task Force, a federal task force that investigates cases involving the sexual exploitation of children. The task force consists of FBI Agents and New York State Police Investigators from Troop D, Bureau of Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Carina H. Schoenberger.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Queensbury Man Arrested for Attempting to Entice a MinorRead the Press Release
ALBANY, NEW YORK – James Seeley, age 54, of Queensbury, New York, appeared today on a criminal complaint charging him with attempting to entice and coerce a minor into a sexual act.
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.
The complaint charges Seeley, already a registered sex offender, with attempting to entice and coerce a person whom he believed to be an 11-year-old girl to engage in sexual contact with him. The charge filed against Seeley carries a maximum sentence of life in prison, a mandatory minimum sentence of 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of 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.
Seeley, who was arrested yesterday, appeared today before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a further hearing on Friday, October 26.
This case is being investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Katherine Kopita.
Quebec Man Sentenced to 151 Months for Trafficking OxycodoneRead the Press Release
ALBANY, NEW YORK – Robert Jon Lazore, age 42, of Snye, Quebec, was sentenced on Monday to 151 months in prison for conspiring to distribute oxycodone on the Akwesasne Mohawk Indian Reservation in Franklin County.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.
As part of his plea on June 22, 2018, Lazore admitted that between 2008 and November 2012, he operated a drug trafficking organization that distributed oxycodone on the Akwesasne Mohawk Indian Reservation, which straddles the United States and Canadian border along the Saint Lawrence River. Lazore obtained 5,000 oxycodone tablets at a time from Canadian suppliers for distribution on the reservation. Lazore used at least 8 couriers and runners to coordinate the distribution of oxycodone to his customers. These couriers and runners included Carrie Lazore, Teri Jo Lazore, Travis Adams, Todd Edwards, and James Labarr. Lazore regularly provided each courier with 100 to 200 tablets of oxycodone to sell to customers in both Canada and the United States.
In December 2017, Lazore was extradited from Canada to the United States following a term of imprisonment in Canada.
As part of the same case, the following people have pled guilty to conspiracy to distribute oxycodone, and been sentenced by United States District Judge Mae A. D’Agostino, as follows:
Name
Age
Residence
Sentence
Carrie Lazore
31
Snye, Quebec
33 months
Terri Jo Lazore
25
Akwesasne, Ontario
87 months
Travis Adams
33
Hogansburg, NY
78 months
Todd Edwards
28
Akwesasne, Ontario
46 months
James Labarr
25
Bombay, NY
46 months
This case was the result of close cooperative efforts of HSI, led by the Massena Residence Office, in conjunction with CBP, DEA, and the Saint Regis Mohawk Tribal Police. These agencies worked closely with the Royal Canadian Mounted Police, Akwesasne Mohawk Tribal Police, Ontario Provincial Police, Sûreté du Québec, and the Canada Border Services Agency, as well as U.S. Border Patrol, the New York State Police, St. Lawrence County Sheriff’s Office, Canton Police Department, Potsdam Police Department, and Plattsburgh Police Department.
This case was prosecuted by Assistant U.S. Attorneys Elizabeth R. Rabe and Troy Anderson. Lazore was extradited to face charges in the Northern District of New York with the assistance of the U.S. Department of Justice’s Office of International Affairs.
Honduran Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Jose Isaias Guerrero, also known as Jose Isaia Herrera, age 41, and a citizen of Honduras, was sentenced today to time served (6 months 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).
Guerrero was ordered removed by an Immigration Judge in Georgia on October 5, 2010, and he was removed to Mexico on October 19, 2010. Guerrero was arrested by Border Patrol in Texas after he swam across the Rio Grande River from Mexico on November 25, 2010. He was removed to Mexico a second time on November 26, 2010. On April 20, 2018, he was arrested by an ICE Officer. Guerrero admitted that he was actually Honduran, not Mexican, and that he returned to the United States without permission following the 2010 removals.
Following the sentencing, Guerrero was remanded to 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.
Amsterdam Man Sentenced on Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Kevin Safford, age 33, of Amsterdam, New York, was sentenced today to 24 months in prison, to be followed by 20 years of supervised release, for possessing child pornography and accessing a child pornography web site available only through an anonymous Internet 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).
As part of his plea, Safford admitted that in 2015, he accessed Playpen, an online forum through which registered users advertised, viewed, and distributed child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted.
Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual internet protocol address, geographic location, or other identifying information. Safford admitted that he logged into Playpen in order to access its child pornography content. He also admitted to possessing child pornography on an external hard drive.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.
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/.
Honduran Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Harbin Omar Maldonado-Fuentes, age 47, and a citizen of Honduras, was sentenced today to time served (30 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).
Maldonado-Fuentes was arrested by Border Patrol in Arizona after he was caught entering the United States from Mexico without inspection on September 17, 2004. Maldonado-Fuentes was removed from the United States to Honduras on October 20, 2004. On September 22, 2018, he was arrested by an ICE Officer in Walton, Delaware County, New York. A fingerprint check of Maldonado-Fuentes resulted in the discovery of the prior removal. Maldonado-Fuentes admitted that he returned to the United States without permission following the 2004 removal.
Following the sentencing, Maldonado-Fuentes 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.
Jury Convicts Binghamton Woman of Stealing Social Security BenefitsRead the Press Release
BINGHAMTON, NEW YORK - A jury today voted to convict Patricia L. Williams, age 62, of Binghamton, of theft of government property and fraud, for stealing Social Security benefits deposited into her deceased husband’s bank account, and for concealing her receipt of those benefits while applying for and receiving other government 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.
The jury reached a verdict after a four-day trial. 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. The total loss to the government was at least $63,500.
Williams faces up to 10 years in prison and up to 3 years of post-imprisonment supervised release when she is sentenced by Senior United States District Judge Thomas J. McAvoy on February 20, 2019. She may also be ordered to pay restitution to the SSA. 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 SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Twice-Convicted Honduran Felon Admits Illegally Re-entryRead the Press Release
UTICA, NEW YORK – Ronald Pineda-Carias, age 41, and a citizen of Honduras, pled guilty today to 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.
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. 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 agents. After a brief search, a Plattsburgh Police Officer discovered Pineda-Carias hiding in bushes on the southwest bank of the river.
As a result of his conviction, Pineda-Carias faces up to 10 years in prison when he is sentenced by United States District Judge David N. Hurd on December 20, 2018. 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 Border Patrol, with assistance from the Plattsburgh Police Department, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Syracuse Man Sentenced to 140 Months for Credit Card Fraud SchemesRead the Press Release
SYRACUSE, NEW YORK – Daquan Rice, age 23, of Syracuse, was sentenced today to 140 months in prison, to be followed by a 3-year term of supervised release, in connection with his prior guilty plea to charges involving a years-long credit card cloning operation, announced United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the of the Albany Field Office of the Federal Bureau of Investigation (FBI); Postal Inspector in Charge Joseph Cronin; New York State Police Superintendent George P. Beach II; and Syracuse Police Chief Frank Fowler. Senior Judge Frederick J. Scullin also ordered Rice to forfeit $82,550.00.
The defendant was sentenced today for two separate federal cases involving illegal credit card activity. The first, to which he pled guilty on June 1, 2017, involved wire fraud, money laundering and aggravated identity theft, based on his role in a scheme that generated tens of thousands of dollars from the use of stolen and counterfeit credit cards. As part of his guilty plea to those charges, the defendant admitted to the purchase of stolen credit card numbers belonging to hundreds of different victims, frequently from computer hackers located overseas, and the fabrication of cloned credit cards. Rice further admitted that he used those cloned credit cards to purchase tens of thousands of dollars in merchandise and prepaid gift cards. The defendant then used those prepaid gift cards to purchase United States Postal money orders, which he converted to cash. Rice’s and his co-defendants’ criminal conduct spanned from 2014 through 2016 and took place in Syracuse, as well as Texas and Georgia.
Today’s sentence also covered a second federal criminal case to which the defendant pled guilty on May 25, 2018, relating to the defendant’s participation in a counterfeit credit card scheme while he was in jail awaiting sentencing on the initial federal charges. In that second case, Rice pled guilty to wire fraud and aggravated identity theft, and admitted that in August and September 2017, he and a co-defendant acquired stolen credit card numbers, made deposits with those numbers into inmate commissary accounts, and then directed that checks be drawn from those commissary accounts and mailed out to locations in Syracuse, New York. Rice and his co-defendant made more than $8,600.00 in deposits using the stolen credit card accounts. Three checks, totaling $550.00, were sent out from the commissary accounts where deposits had been made with the stolen credit cards. However, prison officials froze the accounts and blocked the withdrawal requests before Rice could transfer additional funds.
These cases were investigated by the United States Postal Inspection Service, the Federal Bureau of Investigation (FBI), the Syracuse Police Department – Gang Violence Task Force, the New York State Police, the Cayuga County Sheriff’s Office, and the Town of Dewitt Police Department, and were prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Italian Smuggler Caught After Fleeing from Border PatrolRead the Press Release
ALBANY, NEW YORK – Efisio Mascia, age 36, and a citizen of Italy residing in Ibiza, Spain, was arrested Tuesday after a high-speed flight from Border Patrol on New York State Route 37 near Malone, New York. The arrested followed a failed smuggling attempt. No one was injured.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
According to the criminal complaints, Border Patrol Agents interrupted an alien smuggling event in progress along the border near the Fort Covington Port of Entry. An agent attempted to pull over a New Jersey-plated BMW that was observed on a private dirt road along the border at the same time that a woman was observed illegally crossing the border. The BMW initially yielded to the Border Patrol Agent, but sped off at a high rate of speed. Agents lost contact with the vehicle but later came upon it stopped in traffic at the intersection of State Routes 37 and 11. A Border Patrol agent pulled into the intersection with emergency lights on, blocking the BMW, when the BMW then backed up at a high rate of speed, turned 180 degrees in the opposite direction and fled again.
Agents found the driver, Mascia, hiding behind a closed store, and found the smuggled alien, a woman from France, in a store parking lot across the street. The BMW was later found abandoned on Route 30 south of Malone.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Mascia was charged with transporting an alien unlawfully present in the United States. He appeared today before United States Magistrate Judge Gary L. Favro and was ordered detained pending a detention hearing scheduled for October 25. The smuggled alien, Sofie You, age 38, of Paris, France, is charged with the misdemeanor offense of entry without inspection.
The charges filed against Mascia carry a maximum sentence of 5 years in prison, a fine of up to $250,000, and a post-imprisonment 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 Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Catarino Vargas-Moreno, age 42, and a citizen of Mexico, was sentenced today to time served (32 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.
Vargas-Moreno was removed from the United States to Mexico on September 14, 2009, following an illegal entry into the United States. On September 15, 2018, he was arrested at a Border Patrol checkpoint on New York State Route 9 near North Hudson, New York. Vargas-Moreno was a passenger in a vehicle that pulled into the checkpoint. Following a fingerprint check, Vargas-Moreno admitted that he returned to the United States without permission following the 2009 removal.
Following the sentencing, Vargas-Moreno 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.
Guatemalan Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Mario Navarijo Orantes, age 52, and a citizen of Guatemala, was sentenced today to time served (133 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.
Navarijo Orantes was removed from the United States to Guatemala on November 27, 1991 and again on October 5, 1999. On June 6, 2018, he was arrested by a Border Patrol Agent near Champlain, New York, after he illegally entered the United States from Canada by walking across the border approximately one mile east of the Overton Corners Port of Entry. Navarijo Orantes admitted that he returned to the United States without permission following the prior removals. Navarijo Orantes claimed to have been residing in Bethlehem, Pennsylvania, since 2000.
Following the sentencing, Navarijo Orantes was remanded to the custody of the Department of Homeland Security, for removal proceedings.
In a related case, on October 5, 2018, Carlos Figueroa Rivas, of Allentown, Pennsylvania, pled guilty to the felony offense of encouraging and inducing the illegal entry of an alien (Mario Navarijo Orantes). He is scheduled to be sentenced on February 6, 2019.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Waterford Man Sentenced for Accessing Child Pornography Web SiteRead the Press Release
ALBANY, NEW YORK – Brian Napier, age 35, of Waterford, New York, was sentenced today to 36 months in prison for accessing a child pornography web site available only through an anonymous Internet 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).
Senior United States District Judge Thomas J. McAvoy also ordered Napier to serve a 20-year term of supervised release following his release from prison, and to pay a special assessment of $15,300. Napier must also register as a sex offender following his release from prison.
As part of his plea, Napier admitted that in 2015, he accessed Playpen, an online forum through which registered users advertised, viewed, and distributed child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted.
Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual internet protocol address, geographic location, or other identifying information. Napier admitted that he logged into Playpen in order to access its child pornography content.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.
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 Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Martin Nicholson, age 31, of Syracuse, New York was arrested and charged today with one count of Sexual Exploitation of a Child and one count of Receipt of Child Pornography, announced United States Attorney Grant C. Jaquith, James Hendricks, Special Agent in Charge of the of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent George P. Beach II.
Nicholson was arrested today and appeared in federal court in Syracuse. He was ordered held without bail pending a hearing on October 15, 2018.
Martin Nicholson is charged with Sexual Exploitation of a Child, which carries a minimum sentence of 15 years and a maximum sentence of 30 years in prison. He is also charged with Receipt of Child Pornography, which carries a minimum sentence of 5 years and a maximum sentence of 20 years in prison. The defendant could also be fined up to $250,000.00 on each count and can be sentenced to a minimum of 5 years and up to life a life term of Supervised Release. Additionally, the defendant will be required to register as a Sex Offender, 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.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Martin Nicholson was arrested yesterday on related New York State charges and was released after he posted bail.
This case is being investigated by the Federal Bureau of Investigation (FBI) and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Lisa Fletcher.
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.