Northern District of New York
Press releases recorded for this federal judicial district.
Mexican Citizen Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Alejandro Quintero-Marquez, age 33, 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 Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Quintero-Marquez was removed from the United States to Mexico three times, the most recent removal occurring on July 30, 2010. On July 28, 2018, an ICE Officer arrested him in Walton, New York. Quintero-Marquez admitted that he returned to the United States without permission following the July 30, 2010 removal.
Quintero-Marquez faces up to 2 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 February 11, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by ICE-ERO and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Jamaican Citizen Indicted for Defrauding Elderly Albany CoupleRead the Press Release
ALBANY, NEW YORK – Kevin R. Palmer, age 36, a Jamaican citizen residing in Suwanee, Georgia, was indicted today and accused of stealing more than $320,000 from an elderly Albany couple in a mail-based prize scam.
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.
The indictment alleges that Palmer and conspirators mailed documents that falsely informed victims that they had won lottery and other prizes, and were required to pay fees and taxes in order to claim their prizes.
In 2017, R.H. and D.H., an elderly couple residing in Albany County, were contacted through the mail and by telephone, and were told that they needed to send money in order to obtain an inheritance and tax refund, and claim lottery and sweepstakes prize money, according to the indictment and a previously filed criminal complaint.
As instructed, R.H. and D.H. mailed bank checks to addresses in Georgia, including Palmer’s address. They mailed a total of 12 checks; 10 of these checks were payable to Palmer, and all 12 were deposited into bank accounts for which Palmer was a signatory.
The charges in the indictment and complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
On October 4, Postal Inspectors arrested Palmer at his residence in Georgia. Palmer is in federal custody in Georgia pending further proceedings, and will be arraigned in Albany, New York, at a later date. If convicted of mail fraud or mail fraud conspiracy, he faces up to 20 years in prison and a maximum $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the United States Postal Inspection Service, with assistance from the Georgia Bureau of Investigation and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Fraudsters routinely use the U.S. Mail to falsely inform victims that they have to pay “fees” or “taxes” in order to receive a tax refund, lottery or sweepstakes prize, or inheritance. These scams often target the elderly. To learn how to detect and avoid these scams, please visit the web site of the Federal Trade Commission, at https://www.consumer.ftc.gov/articles/0199-prize-scams.
Queensbury Man Sentenced to 180 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Chad Knowlton, age 24, of Queensbury, New York, was sentenced today to 180 months in prison for distribution, receipt, and possession of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Senior United States District Judge Thomas J. McAvoy also sentenced Knowlton to a lifetime of supervised release, to begin following his term of imprisonment. Knowlton will also be required to register as a sex offender upon his release from prison.
Knowlton pled guilty on June 12, 2018. As part of his plea, Knowlton admitted using a custom-built desktop computer, equipped with peer-to-peer file-sharing software, to download and distribute child pornography. Knowlton also admitted to using a phone to download additional child pornography. Overall, Knowlton downloaded and retained over 1,000 images and videos depicting child pornography.
Knowlton also faces state charges alleging the sexual abuse of children in Warren County. He is innocent unless and until proven guilty of those charges.
This case was investigated by the FBI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
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.
Michigan Man Arrested for Alien SmugglingRead the Press Release
PLATTSBURGH, NEW YORK – Narcis Gabriel Burcea, age 26, of Sterling Heights, Michigan, was arrested on October 6 for transporting Andreea Tita Pirlica, an alien and citizen of Romania, following Pirlica’s illegal entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
According to the criminal complaints, Burcea entered the United States from Canada at the Massena, New York, Port of Entry on October 5, 2018. He spent the night at a local hotel, then traveled to the Akwesasne Mohawk Reservation on October 6. Border Patrol Agents saw Burcea enter a parking lot alone, and a few minutes later saw him leave the parking lot with Pirlica. The investigation revealed that Pirlica traveled from Canada to the United States via boat and was driven to the area of the parking lot where she met Burcea. Agents stopped Burcea as he and Pirlica traveled toward Massena.
The charges filed against Burcea 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.
Pirlica is charged with the misdemeanor crime of illegal entry.
This case is being investigated by Border Patrol, with assistance from U.S. Customs and Border Protection's Massena Office of Field Operations, and is being prosecuted by Assistant U.S. Attorney Katherine Kopita.
Former State DOT Employee Indicted for Federal Program TheftRead the Press Release
ALBANY, NEW YORK – Jerome Lauzon, age 44, of Gansevoort, New York, was arraigned today on a charge of misappropriating at least $5,000 from a federally funded program.
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.
Lauzon, formerly a NYSDOT employee, was the Engineer in Charge of a $10.5 million road reconstruction project in Washington County, New York, from 2012 to 2017. The Federal Highway Administration, a USDOT agency, provided 80 percent of the funding for the contract.
According to the indictment, the contractor for the project purchased goods and services for Lauzon’s personal use, and Lauzon unlawfully reimbursed the company for these purchases using project funds. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Lauzon was arraigned today before United States Magistrate Judge Christian F. Hummel, and was released with conditions pending trial. If convicted, he faces up to 10 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being 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.
United States Attorney Grant C. Jaquith Announces Progress in Making our Communities Safer Through Project Safe NeighborhoodsRead the Press Release
SYRACUSE, NEW YORK - One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Throughout the past year, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
Northern District of New York United States Attorney Grant C. Jaquith said, “Every neighborhood should be a safe place. We are completely committed to the continued implementation of the revitalized Project Safe Neighborhoods to achieve that goal. It takes effective collaboration with federal, state, local, and tribal law enforcement and other community agencies to curtail violent crime, and the drug, gun, and gang crimes that beget violence. Working together, we offer help for those who want a better life and a safer community, and the full breadth and force of federal and state law, including applicable mandatory minimum sentences, for those who persist with violence.”
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
In the Northern District of New York, the U.S. Attorney’s Office works with federal law enforcement agencies, including the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the U.S. Drug Enforcement Administration (DEA), and Homeland Security Investigations (HSI); the New York State Police; and sheriff’s offices, municipal and tribal police departments, and state prosecutors throughout our 32 county area, collaborating to curtail crimes of violence and associated drug, gang, and gun activity, and to prosecute those who commit such crimes in the most effective forum. Among others, these have included:
- United States v. Charles Tan: On June 22, 2018, the defendant pled guilty to the federal crime of receiving a firearm in interstate commerce intending to use it in the commission of a felony. The defendant admitted: that he paid another person to purchase a shotgun for him; that he knew the “straw purchaser” would have to lie to do so; and that he intended to use the shotgun to shoot his father. The defendant’s father was shot and killed in Rochester, New York, in June of 2015 and state murder charges against the defendant were dismissed following a mistrial. ATF and the Monroe County Sheriff’s Department conducted the investigation. The defendant will be sentenced on November 19, 2018.
- United States v. Emmanuel Philippe, ATF and the Saratoga Springs (New York) Police Department investigated the defendant’s possession of 35 bags of cocaine base (crack), packaging material, and equipment for drug distribution, a loaded assault rifle and over 200 rounds of ammunition when his car was stopped. The defendant was convicted following a jury trial, and he will be sentenced on December 6, 2018.
- United States v. Jose Fontanez, Onic Martinez, Omar Dejesus, Dalmary Morales and Juan Suarez, ATF investigated the October 22, 2017 theft of more than 50 firearms from a federally licensed dealer in Glenville, New York. Five persons were charged with committing the burglary and transporting and/or storing the stolen firearms. The defendants have all pled guilty to charges related to the theft or possession of stolen firearms. Omar DeJesus, Dalmary Morales, Jose Fontanez and Juan Suarez will be sentenced on December 17, 2018. Onic Martinez will be sentenced on December 13, 2018.
- United States v. Alfred Laquann “Merc” Thomas, after state court charges were dismissed due to uncooperative witnesses, Thomas pled guilty to the federal charge of possessing ammunition as a convicted felon and was sentenced to 115 months in prison. The sentence was an upward departure based on the fact that Thomas possessed the ammunition while taking part in a drive-by shooting of an occupied house in Syracuse. During his sentencing hearing, the court also heard evidence that Thomas had admitted to agents that he had committed an unrelated murder for which he had been tried and acquitted in state court. The sentence was affirmed on appeal in May 2018. The investigation was conducted by the FBI and the Syracuse Police Department.
Community Partnerships
The United States Attorney’s Office for the Northern District of New York participates in local partnerships with community organizations and law enforcement agencies to combat violence, drug abuse, and promote offenders’ successful reentry into society following their release from federal prison. These include:
- Anti-gang violence/focused deterrence “call-in’ meetings with at risk youth as part of “Syracuse Truce,” “Utica Save Our Streets,” “Albany Violence Eradication,” and “Schenectady Strong.” Since 2012, U.S. Department of Justice Project Safe Neighborhood grants have provided $1.2 million dollars for anti-violence law enforcement actions and community engagement activities in Syracuse.
- Intensive Reentry Court, through which selected offenders, including former gang members, returning from prison participate in a highly structured federal court-based program to reintroduce them into society with the skills, habits, training, and support to avoid a return to the criminal justice system. The U.S. Attorney’s Office participates with Federal Judges, U.S. Probation Officers, and the Federal Public Defender’s Office in this rigorous program that has continued over the past decade in Syracuse and Albany.
- Anti-drug abuse efforts: The United States Attorney’s Office has partnered with community coalitions, school districts, civic and religious organizations, colleges and universities, local, county and state agencies to present over 70 community outreach programs to promote prevention and education in the midst of the opioids epidemic. Many of the programs have featured screenings of “Chasing the Dragon: The Life of an Opiate Addict,” coupled with guest speakers, panels comprised of health professionals, first responders, law enforcement, addicts in recovery, and parents of overdose victims, and information about community resources. These activities complement our continuing work in conjunction with federal, state, and local law enforcement agencies in the investigation, interdiction, and prosecution of drug traffickers that are among the core missions of the United States Attorney’s Office and the United States Department of Justice.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
Pennsylvania Man Admits Helping Illegal Alien Enter the United StatesRead the Press Release
ALBANY, NEW YORK – Carlos Figueroa Rivas, age 58, of Allentown, Pennsylvania, pled guilty today to encouraging and inducing an illegal alien to enter the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Steven Bronson, Area Port Director, United States Custom and Border Protection (CBP).
Figueroa Rivas admitted that on June 6, 2018, he drove from Montreal to a remote spot in Quebec along the border and dropped off an illegal alien from Guatemala named Mario Navarijo Orantes. Figueroa Rivas intended to enter the United States alone while Navarijo Orantes walked across the border and avoided immigration inspection.
After dropping off Navarijo Orantes, Figueroa Rivas drove to the Champlain Port of Entry and attempted to enter the United States alone driving a car registered to a third person. CBP refused to admit the car that Figueroa Rivas was driving and he returned to Canada. Border Patrol Agents arrested Navarijo Orantes in Rouses Point, New York, and determined that he intended to meet Figueroa Rivas.
Figueroa Rivas admitted that he intended to pick up Navarijo Orantes near Rouses Point and take him to Pennsylvania.
Figueroa Rivas faces up to 5 years in prison and a fine of up to $250,000 when he is sentenced by United States District Judge Mae A. D’Agostino on February 6, 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.
Navarijo Orantes, age 52, pled guilty to the felony offense of illegal re-entry of a removed alien and is scheduled to be sentenced on October 17.
This case was investigated by CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Fayetteville Man Arrested for Receipt of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Alan Longmore, age 66, of Fayetteville, New York, appeared yesterday in federal court on charges that he received child pornography over the internet.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
According to the federal criminal complaint, Longmore, received images of child pornography through a Peer-to-Peer file sharing program. An initial forensic review of his laptop computer revealed that it contained numerous video files depicting child pornography. After being confronted about these charges, Longmore admitted to engaging in this criminal conduct for the past 6 years. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Longmore appeared yesterday before United States Magistrate Judge Andrew T. Baxter, who ordered him detained pending a hearing scheduled for October 10, 2018.
If convicted, Longmore faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.00 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. If convicted, Longmore will be required to register as a sex offender.
This case is being investigated by Homeland Security Investigations (HSI) Syracuse with assistance from the New York State Police Computer Crimes Unit and the Town of Manlius Police Department, and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Three Sentenced in Connection with Capital Region Drug ConspiracyRead the Press Release
ALBANY, NEW YORK – Shenika D. Boyd, aka “Misses,” age 38, of Albany, was sentenced today to 46 months in prison, to be followed by 6 years of supervised release, for conspiring to distribute cocaine and 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).
Today, United States District Judge Mae A. D’Agostino also sentenced two others in connection with the conspiracy: Bobby R. Graham, age 51, of Albany, was sentenced to 3 years of probation, including 6 months of home confinement; and Jalessa Scott, age 27, of Schenectady, was sentenced to time served (about 17 months in jail), to be followed by 3 years of supervised release. As part of the federal investigation, Scott also pled guilty in Schenectady County Court to criminal possession of a firearm.
Boyd, Graham and Scott were among 12 people indicted in August 2017 for their involvement in a drug trafficking ring that operated in Schenectady and Albany.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, the U.S. Drug Enforcement Administration, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision. This case was prosecuted by Assistant U.S. Attorney Michael Barnett.
Jury Convicts Arizona Man of Drug Trafficking and Money Laundering ConspiraciesRead the Press Release
SYRACUSE, NEW YORK – Alonzo Harris, age 43, of Youngtown, Arizona, was convicted today of drug trafficking and money laundering charges following a four-day jury trial, announced United States Attorney Grant C. Jaquith, U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division, U.S. Postal Inspector in Charge Joseph Cronin, and New York State Police Superintendent George P. Beach II.
The evidence at trial proved that Harris used the U.S. Postal Service to mail more than 50 multi-pound packages of methamphetamine from the Phoenix, Arizona, area to Broome County New York, where members of his drug trafficking organization distributed it to local dealers and users. The trial evidence also established that Harris, along with his co-conspirators, generated hundreds of thousands of dollars in proceeds from the sale of methamphetamine.
The conviction in this case was the result of a multi-agency investigation, Operation Hailstorm, which resulted in charges against 10 individuals involved in the illegal methamphetamine trafficking activity. The other nine defendants all previously pled guilty.
Sentencing for Harris is scheduled for February 6, 2019 in Syracuse before Chief United States District Judge Glenn T. Suddaby. At sentencing, Harris faces a mandatory term of 10 years and up to life in prison.
This case was investigated by the Drug Enforcement Agency (DEA), the United States Postal Inspection Service, the New York State Police, the Broome County Special Investigations Unit Task Force, and the Vestal Police Department, and was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Michael Gadarian.
Guyanese Woman Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Indrawattie Sookram, age 40, and a citizen of Guyana, pled guilty today to illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Sookram was arrested in the U.S. Virgin Islands in February 1999. In August 1999, she was convicted in the United States District Court for the District of the Virgin Islands for using a false passport, false visa and false identity to enter the United States. She was removed from the United States to Guyana on September 3, 1999, after serving six months in jail.
On May 17, 2018, she was arrested by an HSI Agent in Schenectady, New York. A fingerprint check of Sookram resulted in the discovery of the prior conviction and removal under the name Maryan Husain. Sookram admitted that in 2000, following her removal to Guyana, she returned to the United States without permission.
Sookram faces up to 10 years in prison and a fine of up to $250,000 when she is sentenced by Senior United States Judge Fredrick J. Scullin, Jr. on May 20, 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 HSI and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Canadian Man Sentenced to 135 Months for Marijuana SmugglingRead the Press Release
ALBANY, NEW YORK – Colin Stewart, age 41, of Elgin, Quebec, Canada, was sentenced today to 135 months in prison for conspiring to smuggle thousands of pounds of marijuana into the United States from Canada through the Akwesasne Mohawk Indian Reservation.
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.
Following his extradition from Canada, Stewart admitted that he and his co-conspirators smuggled thousands of pounds of marijuana into the United States for distribution throughout the northeastern United States. Stewart admitted to organizing the smuggling, paying co-conspirators, and personally transporting thousands of pounds of marijuana across the St. Lawrence River from Canada into the United States.
Chief United States District Judge Glenn T. Suddaby also ordered Stewart to serve 5 years of post-imprisonment supervised release and pay a $10,000 fine.
The investigation and prosecution of Stewart was the result of a joint investigation by the DEA, Homeland Security Investigations (HSI), the United States Border Patrol, Customs and Border Protection Air and Marine Operations, the New York State Police, the St. Regis Mohawk Tribal Police Department, the Akwesasne Mohawk Police Services, and the District Attorneys of Franklin and Clinton Counties.
The case was prosecuted by Assistant U.S. Attorneys Katherine E. Kopita and Douglas G. Collyer.
Syracuse Woman Pleads Guilty to Defrauding Federal GovernmentRead the Press Release
SYRACUSE, NEW YORK – Linda Sue Parnell, age 63, of Syracuse, pled guilty yesterday in federal court in Utica to four counts of wire fraud for falsely obtaining more than $70,000 from the U.S. Department of Labor for mileage reimbursement claims between 2010 and 2016, announced United States Attorney Grant C. Jaquith and Special Agent-in-Charge Sean J. Smith, U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office.
In pleading guilty, Parnell admitted that after claiming to have sustained a back injury while working at a Veterans Affairs hospital she was approved to receive compensation benefits from the U.S Department of Labor relating to her claim. Specifically, the Department of Labor authorized Parnell to seek reimbursement for a membership to the YMCA of Greater Syracuse and to seek reimbursement for miles driven to and from the YMCA for the purpose of exercising to strengthen her back. The Department of Labor also authorized Parnell to seek reimbursement for miles driven to and from covered medical appointments. As part of her guilty plea yesterday, Parnell admitted that she defrauded the Department of Labor by submitting reimbursement claims for trips that she did not actually make to the YMCA, and by significantly inflating the mileage for those trips she did take to the YMCA and also to covered medical appointments. Specifically, Parnell claimed to have visited the YMCA more than 1,700 times between 2010 and 2016, though she actually visited the YMCA on approximately 50 occasions during this time. The investigation established that Parnell claimed to visit the YMCA on days she was actually traveling out of state, including dozens of times over a several-month period during which she resided in Pennsylvania. In total, the loss to the U.S. Department of Labor and the U.S. Department of Veterans Affairs exceeded $70,000.
The charges to which Parnell pled guilty yesterday carry a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Parnell will be sentenced in Utica on January 24, 2019, by United States District Judge David N. Hurd, who presided over Parnell’s change of plea hearing yesterday.
This case was investigated by U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, and is being prosecuted by Assistant U.S. Attorneys Michael F. Perry and Tamara Thomson.
Syracuse Man Pleads Guilty to Possessing Pistol as a FelonRead the Press Release
SYRACUSE, NEW YORK – Nashon T. Nance, 21, of Syracuse, pled guilty yesterday in federal court to possessing a pistol as a convicted felon, 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 Syracuse Police Chief Frank Fowler.
As part of his guilty plea yesterday, Nashon T. Nance admitted that he possessed a Smith and Wesson .45 caliber revolver on May 11, 2018, when he was arrested by Syracuse Police at 111 Smith Lane, Syracuse. Police were called to this location by a female who said that Nance had threatened her with a pistol. Nance was, at that time, on New York State Parole, having been previously convicted of the felony offense of Criminal Possession of a Controlled Substance in the Third Degree in Cayuga County Court in November 2016.
Sentencing is scheduled for January 23, 2019. The charge to which Nashon T. Nance pled guilty carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
Saratoga Springs Man Admits Receiving Child Pornography over Encrypted Messaging ApplicationRead the Press Release
ALBANY, NEW YORK – Benjamin J. Varieur, age 33, of Saratoga Springs, New York, and formerly of Brunswick, New York, pled guilty today to receiving 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, Varieur admitted that from March 22, 2018 to March 25, 2018, he used the Wickr Me messaging application to receive child pornography over the internet from another man. Varieur, using the name “bigman6012,” requested and received dozens of images of child pornography, including images depicting the sexual abuse of children as young as 2 years old.
Varieur, who has been detained since his arrest in April, 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 in January 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. Varieur 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.
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.
Massena Man Sentenced to 30 Years for Child Pornography OffensesRead the Press Release
SYRACUSE, NEW YORK – Brandon Jock, age 35, of Massena, New York, was sentenced yesterday to serve 30 years in federal prison following his plea of guilty to five federal felonies relating to child pornography offenses, announced United States Attorney Grant C. Jaquith, James Hendricks, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI) and New York State Police Superintendent George P. Beach II.
In March of 2018, Jock pled guilty to Advertising Child Pornography, as a part of his participation in on-line groups that he administered specifically for the trading of child pornography. In addition, Jock was convicted of transporting child pornography over the internet into both an online group, and into cloud storage accounts that he then shared with others. The federal investigation resulted in the recovery of over 13,000 images and videos of child pornography that Jock had transported over the Internet to store in those accounts in order to trade.
This case was investigated by the Federal Bureau of Investigation (FBI) and the New York State Police, and was prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, the Project Safe Childhood Coordinator for the Northern District of New York.
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.
Green Island Man Indicted for Intending to Distribute Crack and CocaineRead the Press Release
ALBANY, NEW YORK – Richard Thomas, age 53, of Green Island, New York, was arraigned yesterday on a charge that he possessed and intended to distribute crack cocaine and cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the indictment, on September 10, 2018, Thomas possessed and intended to distribute more than 28 grams of cocaine base (a/k/a crack cocaine) and cocaine. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Thomas is in custody pending trial. If convicted, Thomas faces at least 10 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 8 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Alicia Suarez.
Colonie Man Charged with Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – Douglas Fountain, age 29, of Colonie, New York, was ordered detained yesterday after being charged with sexual exploitation of a minor and transporting child pornography over the internet.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
A criminal complaint filed against Fountain alleges that he took sexually explicit photographs of a child and posted them on a website where other members of the site could view the photographs. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Fountain faces at least 20 years and up to 50 years in prison, mandatory registration as a sex offender, a fine of up to $250,000, and a term of post-release supervision of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by HSI and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
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 Sentenced to 120 Months for Trafficking Drugs in St. Lawrence CountyRead the Press Release
SYRACUSE, NEW YORK – Deloyd M. Lesane, age 38, of Syracuse, was sentenced today to 120 months in prison for possessing and intending to distribute fentanyl and more than 28 grams of cocaine base (crack cocaine).
The announcement was made by United States Attorney Grant C. Jaquith; Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Gouverneur Police Chief Laurina Greenhill.
Lesane was selling crack cocaine and fentanyl from an apartment in Gouverneur in April 2017. St. Lawrence County Drug Task Force members executed a search warrant there and found, in Lesane’s bedroom, approximately 57.5 grams of crack cocaine, 2.5 grams of fentanyl, 19.7 grams of cocaine, a digital scale with cocaine residue, drug packaging material, and $2,708 in U.S. currency.
Lesane was also sentenced to 8 years of post-imprisonment supervised release.
The investigation was conducted by members of the St. Lawrence County Drug Task Force, Gouverneur Police Department, and HSI. The case was prosecuted by Assistant U.S. Attorney Douglas G. Collyer.
Mexican Citizen Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Alejandro Olvera-Servin, age 38, 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, Acting 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. Olvera-Servin claimed to have been living in Oklahoma City, Oklahoma, prior to his 2016 removal.
Olvera-Servin faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Lawrence E. Kahn on January 17, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Haitian Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Obanette Jean, age 35, and a citizen of Haiti, was sentenced today to time served (55 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, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Jean was ordered removed from the United States to Haiti on April 1, 2015. On October 12, 2017, Jean departed the United States while the removal order was pending, and entered Canada. On July 27, 2018, she was arrested by a Border Patrol Agent just south of the border after she entered the United States from Canada without inspection approximately one-quarter mile west of the Champlain Port of Entry. Jean admitted that she returned to the United States without permission.
Following the sentencing, Jean 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.
Brooklyn Man Sentenced for Stealing from a Disabled Army Veteran and the VARead the Press Release
ALBANY, NEW YORK – Kevin Green, age 57, of Brooklyn, New York, was sentenced today to 3 years of probation for his theft of disability compensation benefits from a disabled and elderly Army veteran and the U.S. Department of Veterans Affairs (“VA”).
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Sean Smith of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office.
Senior United States District Judge Thomas J. McAvoy also ordered Green to pay $39,500 in restitution and a $6,000 fine.
A federal jury convicted Green following a 5-day trial in April 2018. The evidence established that Green received approximately $71,000 in disability compensation benefits from the VA as fiduciary for a disabled 73-year-old Army veteran between March 2011 and May 2013, and was required to spend the money solely for the benefit of the veteran. The veteran initially lived in a cottage on Green’s property in Kerhonkson, New York, but moved into a Vermont veterans’ home in April 2012. All of the veteran’s expenses at the veterans’ home were paid by the VA, but Green continued to collect the veteran’s disability compensation benefits. When asked for an accounting, Green misrepresented how he had spent the VA benefits, and the evidence demonstrated that he had spent tens of thousands of dollars on himself.
This case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General and prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Jury Convicts Albany Man of Intending to Distribute Heroin, Cocaine and Crack CocaineRead the Press Release
ALBANY, NEW YORK – A jury today voted to convict Dwayne G. Perkins, age 37, of Albany, of possessing and intending to distribute heroin, cocaine, and more than 28 grams of crack cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Evidence during the 3-day trial established that the FBI identified Perkins during the course of investigating another drug dealer, Tyrone D. Marshall. FBI and other law enforcement executed a search warrant on Perkins’s Albany apartment on April 4, 2017. An FBI Agent searched Perkins and found him to be hiding, in bags attached to his underwear, what turned out to be approximately 42 grams of crack cocaine, 36 grams of cocaine, and 7.5 grams of heroin mixed with fentanyl. Agents also seized, from the apartment, two digital scales and $1,746 in cash.
Perkins, who has four prior drug felony convictions, faces at least 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 8 years and up to life, when he is sentenced on January 21, 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.
Marshall, age 37, of Troy, New York, pled guilty on August 15, 2018 to conspiring to distribute cocaine and crack cocaine in Albany and Rensselaer Counties, and will be sentenced by Judge D’Agostino on December 10.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the New York State Police, the New York Department of Corrections and Community Supervision, and the Albany Police Department. This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Jury Convicts Albany County Sisters of Conspiracy to Commit Visa FraudRead the Press Release
ALBANY, NEW YORK – A jury voted today to convict Dalia Lita, age 55, of Latham, New York; Elina Rahman, age 45 of Watervliet, New York; and Lubna Rahman age 45, of Watervliet, of conspiracy to commit visa fraud by submitting false information to the United States government in order to obtain immigrant visas.
The announcement was made by the United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Evidence presented during the 3-day trial established that in 2001, Lita filed, with United States Citizenship and Immigration Services, petitions for her sisters Elina and Lubna, knowing that those petitions contained false statements meant to conceal their true identities and prior, illegal residence in the United States. In addition, as part of the criminal conspiracy, Elina and Lubna Rahman filed applications for family-based immigrant visas in 2012, knowing that the applications also contained the same false statements. Based on the false information the sisters provided, Elina Rahman and Lubna Rahman were issued immigrant visas when they were otherwise ineligible to enter the United States.
Each of the sisters faces up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years when they are sentenced on January 14, 2019 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant was charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by HSI and prosecuted by Special Assistant U.S. Attorney Jason W. White.
Russian Woman Sentenced for Marriage FraudRead the Press Release
ALBANY, NEW YORK - Yana Potapova, age 29, and a Russian citizen residing in Schenectady, New York, was sentenced today to 2 years of probation for conspiring to commit marriage fraud.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Senior United States District Judge Thomas J. McAvoy also ordered Potapova to complete 50 hours of community service.
A federal jury found Potapova guilty after a 5-day trial in March 2018. The evidence demonstrated that in April 2014, Potapova and U.S. citizen Brett Thompson agreed to marry in order to obtain lawful immigration status for Potapova. Potapova was illegally present in the United States, having overstayed on a visitor visa. In return for agreeing to marry – and stay married to – Potapova, Thompson received approximately $3,500 over the course of the marriage. In May 2015, in connection with her application to obtain permanent residency, Potapova falsely represented to United States Citizenship and Immigrations Services that she and Thompson lived together at an address in Albany.
After her arrest in this case, Potapova served 60 days in Albany County jail in relation to an immigration enforcement matter that remains pending.
Thompson pled guilty to conspiracy to commit marriage fraud, and is scheduled to be sentenced on October 3, 2018.
This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Cooperstown Man Charged with Money Laundering, Filing False Tax ReturnsRead the Press Release
ALBANY, NEW YORK – Thomas K. Lagan, age 60, of Cooperstown, New York, and formerly of Slingerlands, New York, was arraigned today on money laundering and tax charges relating to the theft of approximately $11.8 million from estates for which he served as a fiduciary.
The announcement was made by United States Attorney Grant C. Jaquith; New York Attorney General Barbara D. Underwood; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and James D. Robnett, Special Agent in Charge of the New York Field Office of IRS-Criminal Investigation.
A federal indictment charges that Lagan, between November 2011 and February 2018, conspired with Richard J. Sherwood to launder the proceeds of a fraud conspiracy. Lagan is also accused of failing to report more than $5.3 million in income to the Internal Revenue Service in 2013 and 2015. In a separate indictment being prosecuted by the New York Attorney General’s Office, Lagan is charged in Albany County Court with grand larceny in the first degree, criminal possession of stolen property, and a scheme to defraud. The charges in the indictments are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Lagan appeared today before United States Magistrate Judge Daniel J. Stewart, who ordered him released on his own recognizance.
If convicted on the federal charges, Lagan would face up to 20 years in prison, a maximum fine of $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Lagan’s alleged co-conspirator, Sherwood, pled guilty in June 2018 to federal and state charges.
Sherwood, an attorney since 1988, practiced primarily in the area of trusts and estates. Starting in about 2006, he provided estate planning and related legal services to Capital Region philanthropists Warren and Pauline Bruggeman, and to Pauline’s sister, Anne Urban, all of Niskayuna, New York. Sherwood was advising the Bruggemans when, in 2006, they signed wills directing that all their assets go to charities, churches and civic organizations, aside from bequests to Anne Urban and Julia Rentz, Pauline’s other sister.
Warren Bruggeman died in April 2009, and Pauline died in August 2011. At the time of her death, Pauline had personal and trust assets valued at approximately $20 million.
In pleading guilty, Sherwood admitted that after Pauline Bruggeman’s death, he and Lagan conspired to steal and launder millions of dollars from her estate as well as from Anne Urban, who died in 2013. Their conspiracy came to include the diversion and transfer to themselves of several million dollars belonging to Julia Rentz, a resident of Ohio, who was suffering from dementia at the time of the thefts and died in 2013.
The federal case is being investigated by the FBI and IRS-CI, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
The state case is being prosecuted by Assistant Attorneys General Christopher Baynes and Matthew Peluso of the Attorney General’s Public Integrity Bureau, under the supervision of Bureau Chief Daniel G. Cort and Deputy Bureau Chief Stacy Aronowitz. The Criminal Justice Division is led by Executive Deputy Attorney General Margaret Garnett. The investigation was led by Investigator Mark Spencer of the Attorney General’s Investigations Bureau, under the supervision of Deputy Chief Investigator Antoine Karam. The Investigations Bureau is led by Chief Dominick Zarrella. Meaghan Scovello, Associate Forensic Auditor, provided the financial analysis. The Forensic Audit Section is supervised by Edward Keegan. Senior Analyst Sara Pogorzelski assisted in the investigation.
Two Mexican Citizens Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Jose Luis Espindola Romero, age 33, and a citizen of Mexico, was sentenced on Friday to time served (44 days in jail) for illegally re-entering the United States. Agustin Dominguez De Jesus, age 23, and a citizen of Mexico, was sentenced on Friday to time served (43 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, Espindola Romero admitted that he was removed from the United States to Mexico on September 27, 2014 and again on October 9, 2014. On July 25, 2018, ICE Officers arrested Espindola Romero near Cobleskill, New York.
As part of his guilty plea, Dominquez De Jesus admitted that he was removed from the United States to Mexico on October 9, 2013 and again on October 18, 2013. On July 26, 2018, ICE Officers arrested Dominquez De Jesus in Amsterdam, New York.
Espindola Romero and Dominquez De Jesus were each remanded to the custody of the Department of Homeland Security for removal proceedings.
These cases were investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Rhode Island Men Arrested for Alien SmugglingRead the Press Release
ALBANY, NEW YORK – Nicolas Tamayo, age 19, and Francisco Santos-Luna, age 23, both of Providence, Rhode Island, were arrested on August 29 in Plattsburgh for alien smuggling.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
According to the criminal complaints, a Border Patrol Agent observed a vehicle travelling east on New York State Route 11 near Chateaugay, New York, close to the border, at approximately 5:10 a.m. on August 29. The agent followed the vehicle until it pulled into a gas station and parked alongside a gas pump on New York State Route 3 in Plattsburgh. A Border Patrol Agent then pulled into the station parking lot and made contact with the occupants of the vehicle. The agent quickly established that the driver and registered owner of the car was Tamayo and that the passengers were five illegal aliens who had illegally crossed the border, near Chateaugay, earlier that morning. A second smuggler, Francisco Santos-Luna, was found and arrested on August 29 at a Plattsburgh motel.
The charges filed against Tamayo and Santos-Luna carry a maximum sentence of 10 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.
The illegal aliens, four Romanian citizens and one Irish citizen, are each charged with the misdemeanor crime of illegal entry.
This case is being investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Baltimore Man Charged with Running Tax Refund Scam in Central New YorkRead the Press Release
SYRACUSE, NEW YORK – Arkmallah Hilliard, 38, of Baltimore, Maryland, was arraigned today in federal court in Syracuse on one count of conspiring to defraud the United States, announced 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.
Hilliard is charged by indictment for conspiring with former Utica resident Anas Wilson and others to defraud the IRS by filing false and fraudulent income tax returns in the names of various individuals and obtaining tax refunds to which they knew they were not entitled. The indictment alleges that Hilliard used his own bank accounts and other 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. Anas Wilson previously pled guilty to similar charges in federal court in Syracuse and is serving a 12-year prison sentence.
The charge filed against Hilliard carries 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 supervised release of up to 3 years. The indictment also includes a forfeiture allegation/ money judgment of up to $462,107.00. 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 Magistrate Judge David E. Peebles ordered Hilliard detained pending a trial to be scheduled later this year before Senior United States District Judge Frederick J. Scullin, Jr.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Internal Revenue Service-Criminal Investigation (IRS-CI) and the Defense Criminal Investigative Service (DCIS) and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Amsterdam Man Pleads Guilty to Stealing and Possessing FirearmsRead the Press Release
ALBANY, NEW YORK – Onic Martinez, 34, of Amsterdam, New York pled guilty yesterday to possessing firearms as a convicted felon and transporting firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady, New York announced 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).
Martinez, as part of his guilty plea, admitted that on October 24, 2017, he met with Omar DeJesus, Christian Roman, and Jose Fontanez in Amsterdam, New York, and reached an agreement with them to transport dozens of stolen firearms from a storage locker in Schenectady, New York to DeJesus’s residence in Amsterdam. Thereafter, Martinez, assisted by another man, drove to Schenectady, retrieved dozens of the stolen firearms, and transported them back to Amsterdam. As payment for his assistance, the defendant received several of the stolen firearms.
At sentencing on January 3, 2019 in Syracuse, Martinez 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.
Martinez’ co-conspirator Christian Roman, 24, of Schenectady was indicted earlier this year on charges that he stole firearms from Target Sports on October 22, 2017. The stolen firearms included pistols, shotguns, and rifles. The indictment further alleges that Roman possessed, concealed, and stored the stolen firearms through November 1, 2017. The charges in the indictment are merely accusations. Roman is presumed innocent unless and until proven guilty.
Jose Fontanez, 36, of Schenectady, pled guilty earlier this year to stealing the firearms and other, related charges. He is scheduled to be sentenced on December 17, 2018.
Omar DeJesus, 31, of Amsterdam; Dalmary Morales, 37, of Schenectady; and Juan Saez, age 35, of Rochester, New York, all pled guilty earlier this year for their respective roles in stealing, transporting, and possessing the firearms. They are scheduled to be sentenced on December 17, 2018.
The case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Utica Man Pleads Guilty to Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Shawn Bunnell, 35, of Utica, New York, pled guilty today to ten counts of transportation of child pornography via the internet and one count of possession of child pornography, announced United States Attorney Grant C. Jaquith, Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI) and Oneida County Sheriff Robert M. Maciol.
As part of his guilty plea, Bunnell admitted that from on or about May 30, 2017 through on or about August 15, 2017, he transported a number of image files depicting minors engaged in sexually explicit conduct through computer servers maintained by Google, Inc. and Dropbox, Inc. Further, the defendant also admitted to possessing on his a cellular telephone several video files depicting minors engaged in sexually explicit conduct.
As a further part of his federal guilty plea, Bunnell also admitted that on March 27, 2003, he was previously convicted in Oneida County Court of Sexual Abuse in the First Degree, in violation of New York Penal Law, Section 130.65(3), relating to the sexual abuse of a child under the age of 11, and was sentenced to 5 years imprisonment, 3 years post-release supervision, and was required to register as a sex offender.
Sentencing is scheduled for January 10, 2019, in United States District Court in Syracuse. If the Court accepts the binding plea agreement executed by the parties, Bunnell, who remains detained, will be sentenced to serve fifty years in prison to be followed by a lifetime term of supervised release. He will also be required to once again register as a sex offender.
Bunnell’s case was investigated by the Oneida County Sheriff’s Office, Oneida County Child Advocacy Center, Whitesboro Police Department, Utica Police Department, New York State Police, and Homeland Security Investigations. It is being prosecuted by Assistant U.S. Attorneys Lisa M. Fletcher, Project Safe Childhood Coordinator, Geoffrey J.L. Brown and Sahar L. Amandolare.
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.
Queens Man Sentenced for Distributing Heroin, Crack CocaineRead the Press Release
ALBANY, NEW YORK – Darnell D. Devaughn, age 33, of Long Island City, New York, was sentenced today to a year and a day in jail for distributing heroin and crack cocaine in Albany County.
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 in April, Devaughn admitted to distributing heroin and cocaine base (a/k/a crack cocaine) in the Crossgates Mall parking lot on November 9, 2016.
United States District Judge Mae A. D’Agostino also ordered Devaughn to serve a 3-year term of post-imprisonment supervised release.
This case was investigated by the FBI and New York State Police, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Massena Felon Sentenced to 180 Months for Gun and Drug CrimesRead the Press Release
ALBANY, NEW YORK - Jevar Sturridge, age 25, and a citizen of Jamaica residing in Massena, New York, was sentenced today to 180 months in prison for possessing heroin, cocaine and crack cocaine with the intent to distribute them, and for possessing a loaded handgun and shotgun in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Kevin Kelly of the Buffalo Field Office of Homeland Security Investigations (HSI).
United States District Judge Mae A. D’Agostino also ordered that Sturridge serve an 8-year term of supervised release following his release from prison.
As part of his April 10, 2018 guilty plea, Sturridge admitted that on February 15, 2017, he possessed 48 grams of crack cocaine, 42 grams of powder cocaine, and 42 grams of heroin in his apartment in Massena. Sturridge, who has 2 prior drug felony convictions, further admitted to possessing, in his apartment, a loaded Smith and Wesson .40 caliber handgun and a loaded Mossberg 12-gauge shotgun, in order to guard against the potential theft of his drugs and drug proceeds.
This case was investigated by HSI, the Massena Police Department and the New York State Department of Corrections and Community Supervision, and was prosecuted by Assistant U.S. Attorneys Katherine Kopita and Emmet O’Hanlon.
Binghamton Man Sentenced for Child Pornography OffensesRead the Press Release
BINGHAMTON, NEW YORK –Roland Kyzer, Jr., age 49, of Binghamton, was sentenced to serve a total of 32 years in federal prison following his conviction for child pornography offenses, announced United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Kyzer, a registered sex offender, was serving a term of supervised release for an earlier federal child pornography conviction when U.S. Probation Officers found that he was continuing to download and collect sexually explicit images of children from the Internet. In February 2018, Kyzer was tried before a jury in federal court in Binghamton, and convicted of receiving and possessing child pornography during the entire period of time he was on supervision.
Hon. Thomas J. McAvoy sentenced Kyzer to 27 years imprisonment on the new offenses of receipt and possession of child pornography, with a consecutive sentence of 5 years for violating his conditions of supervised release. Upon release from this term of imprisonment, Kyzer will be under supervision for 20 years, and will continue to be required to register as a sex offender.
This case was investigated by the FBI and the United States Probation Office for the Northern District of New York, and was prosecuted by Assistant U.S. Attorneys Miroslav Lovric and Lisa Fletcher.
Alien Smugglers Arrested Following High-Speed CrashRead the Press Release
PLATTSBURGH, NEW YORK – Rudin Lopez-Lopez, age 20, and Jose Lopez-Hernandez, age 20, citizens of Guatemala residing in Providence, Rhode Island, were arrested Wednesday and charged with alien smuggling following a high-speed crash on New York State Route 11 near Ellenburg, New York; no one was hurt.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Early Wednesday morning, Border Patrol agents assigned to the Burke and Champlain Stations arrested Lopez-Lopez and Lopez-Hernandez, both Guatemalan citizens, and five Romanians, after a failed smuggling attempt. The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
According to the criminal complaints, a Border Patrol Agent pulled over a Texas-plated sedan that was observed along the border at the same time that several people were suspected of illegally crossing the border. The car initially yielded to the Border Patrol Agent and pulled over, but as the Agent attempted to speak with the occupants of the car, it sped off east on New York State Route 11 at a high rate of speed. Agents lost contact with the vehicle but came upon it when the damaged car was found embedded in a guardrail at the intersection of State Routes 11 and 190. All seven occupants of the car had fled.
An immediate search of the area revealed two people hiding under a nearby bridge. Agents found three more people in a wooded area. Agents determined all were illegal aliens. At approximately 10 a.m., two more people, later determined to be Lopez-Lopez and Lopez-Hernandez, were located and arrested.
Lopez-Lopez and Lopez-Hernandez are each charged with transporting aliens unlawfully present in the United States for the purpose of commercial advantage and private financial gain. Each appeared today before United States Magistrate Judge Gary L. Favro and was detained pending a detention hearing scheduled for August 28.
Of the smuggled aliens, one is charged with the felony offense of re-entry of a removed alien and two are charged with the misdemeanor offense of entry without inspection. They also appeared before Judge Favro this afternoon and were detained pending detention hearings at a later date.
The charges filed against Lopez-Lopez and Hernandez-Lopez carry 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 Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Ecuadorian Man Sentenced for Transporting an AlienRead the Press Release
UTICA, NEW YORK – Marco Avila, age 34, an Ecuadorian citizen living in Newark, New Jersey, was sentenced today to time served (361 days) for transporting an alien.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
As part of his plea, Avila admitted that on August 27, 2017, he and Julio Morales-Flor drove from New Jersey to the Akwesasne Mohawk Indian Reservation to pick up a friend whom they knew was illegally entering the United States from Canada and bring him to New Jersey. After picking up the friend, Avila was stopped by Border Patrol. None of the three people in the car had legal status in the United States.
Morales-Flor pled guilty to conspiracy to transport an alien and was sentenced on November 16, 2017 to time served (102 days in jail).
The case was investigated by the United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Schenectady County Men Arrested on Synthetic Marijuana Conspiracy ChargeRead the Press Release
ALBANY, NEW YORK – Rayen Hussein, age 41, of Glenville, New York, and Abdulqadoos Alomari, age 31, of Schenectady, New York, were arrested on Friday on charges of conspiring to distribute synthetic cannabinoids, also referred to as “spice” or “K2,” out of the Stockade Market and Deli in Schenectady, announced United States Attorney Grant C. Jaquith.
According to the criminal complaint, law enforcement on Friday seized approximately 1 kilogram of synthetic marijuana packaged for distribution. The baggies seized on Friday were uniformly brightly colored, and labeled with names including “Scooby Snax,” Ice Dragon,” “Loopy,” What’s Up,” and “Geeked Up.” The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Alomari appeared today before United States Magistrate Judge Christina F. Hummel, and was released on conditions including a financial bond. Hussein is in custody pending a detention hearing tomorrow before Judge Hummel.
The charges filed against Hussein and Alomari carry a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the U.S. Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), United States Postal Inspection Service (USPIS), Internal Revenue Service (IRS), New York State Police and the New York State Department of Taxation and Finance.
The Schenectady and Washington County Sheriff’s Offices, and the Police Departments of Amsterdam, Glenville, Saratoga Springs, Troy and Watervliet, assisted in the investigation of this case.
The case is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Plattsburgh Man Sentenced to 18 Years in Connection with Fatal OverdoseRead the Press Release
SYRACUSE, NEW YORK – Thomas A. Burnell, age 36, of Plattsburgh, New York, was sentenced today to 18 years in prison for selling heroin mixed with fentanyl that caused the death of a customer. Senior United States District Judge Norman A. Mordue also sentenced Burnell to 30 months in prison for possessing a weapon while detained on federal charges at the Clinton County Jail.
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.
United States Attorney Grant C. Jaquith stated: “The deadliest drug epidemic in history is fueled by dealers like Thomas Burnell, who distributed heroin mixed with fentanyl – describing his product as ‘killer’ and ‘fire’ – with a foreseeable consequence. We are committed to vigorous enforcement against those whose poison kills, and to education and outreach with law enforcement and community partners so deterrence and treatment diminish the deaths and grief. We commend the work of DEA and the Plattsburgh Police Department on this lethal overdose case, and the work of the U.S. Marshals Service and the Clinton County Sheriff’s Department to maintain jail safety.”
DEA Special Agent in Charge James J. Hunt stated: “Today’s sentencing re-emphasizes the volatility of opioid abuse. It is a fact that dealers are mixing their product with deadly analogues like fentanyl, only to put users at greater risk of death. I commend the Northern District of New York and our law enforcement partners who worked on this grave investigation.”
As part of his plea on April 27, 2018, Burnell admitted that on January 16, 2016, he went to the Plattsburgh apartment of a male customer, “J.G.” and gave J.G. two bags of what Burnell believed to contain heroin, for $70. J.G. ingested the substances that Burnell sold to him, which was heroin mixed with fentanyl. J.G. died that day due to overdose.
Burnell was a registered sex offender at the time of the crime, having been convicted in 2003 of sexual abuse in the first degree.
In pleading guilty, Burnell also admitted that on March 30, 2017, while detained at the Clinton County Jail, he possessed a sharpened toothbrush as a weapon. Officers found the weapon while conducting a random search of Burnell’s cell.
Judge Mordue ordered the 30-month prison contraband sentence to run concurrent with the 18-year drug sentence. He also imposed a 5-year term of post-imprisonment supervised release.
The drug overdose case was investigated by the DEA and the Plattsburgh Police Department. The prison contraband case was investigated by the U.S. Marshals Service and the Clinton County Sheriff’s Department. The cases were prosecuted by Assistant U.S. Attorney Douglas Collyer.
Former FCI Ray Brook Corrections Officer Admits Accepting BribeRead the Press Release
ALBANY, NEW YORK – Carlos Ochoa, age 32, of Puerto Rico, pled guilty today to accepting a bribe in exchange for smuggling a cell phone to an inmate at Federal Correctional Institution (FCI) Ray Brook.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and Guido Modano, Special Agent in Charge of the New York Field Office of the U.S. Department of Justice Office of the Inspector General (DOJ OIG).
As part of his plea, Ochoa admitted that from approximately September 2012 to October 2012, while employed as a corrections officer at FCI Ray Brook in Ray Brook, New York, he accepted cash to smuggle a cell phone and charger to inmate Richard Coleman.
United States Attorney Grant C. Jaquith stated: “For a few hundred dollars, Ochoa sold his integrity as a federal corrections officer to a prisoner by smuggling in a cell phone. His brazen violation of prison rules risked the safety of all who worked in the prison. As thousands of officers protect us with courage and integrity, we will continue to work with the FBI, DOJ OIG, and the Bureau of Prisons to prosecute the few corrections officers who put illicit personal profit before public trust and prison security.”
“Any law enforcement officer who violates their oath to protect the community and instead takes part in criminal activity should expect the same outcome as a criminal," said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation. “This case serves as a reminder that no one is above the law and that the FBI is committed to working with the law enforcement community to prevent the erosion of trust that accompanies incidents like this one.”
DOJ OIG Special Agent in Charge Modano stated: “Ochoa abused a position of trust for personal gain and by doing so risked the security of FCI Ray Brook. The DOJ OIG is committed to rooting out such corruption within our federal prison system.”
On September 27, 2012, Coleman directed his then-girlfriend, Kara Coneeny, to purchase a cell phone for him to use while incarcerated at FCI Ray Brook, a medium-security federal prison in Essex County that houses more than 700 inmates. On October 1, 2012, Coleman told Coneeny that an employee at FCI Ray Brook would smuggle the phone into the prison for money. Coleman directed Coneeny to contact Kia Barnes, a friend of Coleman’s cellmate, Nathaniel Bernard.
On October 6, 2012, as directed by Coleman, Coneeny purchased an iPhone 4S and iPhone chargers. On October 17, 2012, Coneeny withdrew $500 cash from her account at an ATM and on October 18, 2012, Coneeny activated the iPhone and withdrew another $400 cash from her account.
On October 19, 2012, Coneeny drove to Saranac Lake, New York, met with Barnes, and gave Barnes the iPhone and at least $600 cash. On October 21, 2012, Barnes met with Ochoa and gave him the iPhone and cash.
On October 21, 2012, Ochoa smuggled the iPhone into FCI Ray Brook and gave it to Coleman and Bernard, while keeping the cash. Officers found the cell phone on March 8, 2013.
Ochoa faces up to 15 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FBI, the U.S. Department of Justice Office of the Inspector General, and the U.S. Bureau of Prisons, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Douglas Collyer.
In U.S. District Court for the District of Puerto Rico, Ochoa faces unrelated charges of bribery, providing contraband in prison, and gun and drug charges. He is innocent of those charges unless and until proven guilty.
Plattsburgh Man Sentenced to 63 Months for Online FraudRead the Press Release
ALBANY, NEW YORK – Thomas J. Howe, age 38, of Plattsburgh, New York, was sentenced yesterday to 63 months in prison and 3 years of post-release supervision for committing fraud and identity theft.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and Plattsburgh Police Chief Levi J. Ritter.
As part of his plea on April 4, 2018, Howe admitted that he and Jared R. Hudson devised a scheme to defraud banks, merchants and individual consumers by purchasing information including credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information, and to using that information to electronically purchase goods, and to fraudulently transfer and attempt to transfer funds electronically, between October 2009 and December 2014.
Initially, Howe used stolen credit card numbers belonging to others to order merchandise online, and had the merchandise shipped to him. Howe then used other people’s personal identification information to sign up for credit cards. He then opened investment accounts in his name, which were funded with money taken from other people’s bank accounts using stolen account numbers, routing numbers, identification, and bank security information. Howe admitted that his conduct caused at least $508,053.33 in losses.
Hudson was sentenced on January 10, 2018 to 79 months in prison and 3 years of supervised release.
This case was investigated by the FBI and the Plattsburgh Police Department, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl.
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
“The opioid epidemic that we are facing today is the worst drug crisis in American history,” Attorney General Jeff Sessions said. “President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
United States Attorney Grant C. Jaquith stated: “These reductions in opioid production and prescriptions can reduce addiction, serious injury and death, and help turn the tide on the opioid epidemic that has caused so much pain and suffering here in Upstate New York and throughout the country. This is an important part of our country’s comprehensive strategy to defeat the causes of the most deadly drug epidemic in our history.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Troy Man Pleads Guilty to Intending to Distribute Crack CocaineRead the Press Release
ALBANY, NEW YORK – Jaquan Walker, age 23, of Troy, New York, pled guilty yesterday to possessing and intending to distribute crack cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Walker admitted that on September 2, 2017, while in Troy, he possessed approximately 47 grams of crack cocaine, which he intended to distribute.
Walker faces at least 5 years and up to 40 years in prison, a term of post-imprisonment supervised release of at least 4 years, and a maximum $5 million fine when he is sentenced by Senior United States District Judge Thomas J. McAvoy on December 10, 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 FBI and the Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Troy Man Admits to Cocaine and Crack ConspiracyRead the Press Release
ALBANY, NEW YORK – Tyrone D. Marshall, age 37, of Troy, New York, pled guilty today to conspiring to distribute cocaine and crack cocaine in Albany and Rensselaer Counties.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Marshall admitted that from February 2017 to April 2017, he worked with others to acquire cocaine; cook and otherwise convert the cocaine into cocaine base (a/k/a crack cocaine); and sell crack cocaine and cocaine in Albany and Rensselaer Counties. Marshall admitted that a co-conspirator typically acquired cocaine from a source of supply in the City of Albany and then brought the cocaine to his residence in Troy, where they would cook the cocaine into crack for resale.
Marshall, who has 3 prior drug felony convictions, faces up to 30 in prison, and at least 6 years of post-imprisonment supervised release, when he is sentenced by United States District Judge Mae A. D’Agostino on December 10, 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 FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Jury Convicts Saratoga County Man of Lying During Attempt to Buy a GunRead the Press Release
ALBANY, NEW YORK - A jury voted yesterday to convict Michael Bramer, Jr., age 32, of Saratoga County, New York, of providing a false statement to a licensed dealer in connection with the attempted acquisition of a firearm.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
Evidence presented during the 2-day trial established that on October 24, 2016, Bramer knowingly made a false statement on a Firearms Transaction Record (also known as an ATF Form 4473) at a store in Gloversville, New York, in connection with his attempt to buy a Savage .243 Axis rifle.
In response to the question on ATF Form 4473 “Are you subject to a court order restraining you from harassing, stalking, or threatening . . . an intimate partner?” Bramer responded “No,” when he knew that 11 days earlier, on October 13, 2016, he was issued a Temporary Order of Protection in Malta Town Court ordering him to refrain from assault, harassment, stalking, threats and any criminal offense against an intimate partner. Bramer’s court order stated that he was advised of the issuance and contents of the order and was personally served with the order by a Malta Town Court Judge, and both Bramer and the judge signed the order.
Bramer faces up to 10 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on December 10, 2018 by Senior United States District Judge Gary L. Sharpe. 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 case was investigated by the ATF. The case was prosecuted to indictment by Assistant U.S. Attorney Elizabeth Rabe and prosecuted at trial by Assistant U.S. Attorney Alicia Giglio Suarez.
Clifton Park Man Pleads Guilty to Making a False Statement to the FBIRead the Press Release
ALBANY, NEW YORK – Thomas Ruchlicki, age 62, of Clifton Park, New York, pled guilty today to one count of making a false statement, announced United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, Ruchlicki admitted that on January 3, 2018, when questioned by FBI Special Agents, he falsely told the agents that his financial dealings with an owner/operator of a property construction and development company involved the purchasing of a car.
Ruchlicki faces up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Schenectady Man Admits to Leading Capital Region Drug Trafficking RingRead the Press Release
ALBANY, NEW YORK – Darren Clay Robinson, aka “Mountain,” age 54, of Schenectady, New York, and Teaneck, New Jersey, pled guilty today to conspiring with more than 10 people to distribute heroin, crack cocaine and cocaine throughout the Capital Region.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Robinson admitted that from August 2016 to May 2017, he worked with others to distribute heroin, cocaine base (aka crack cocaine) and cocaine in Albany and Schenectady Counties. Robinson admitted to distributing between 3.5 kilograms and 5 kilograms of cocaine as part of the conspiracy.
Robinson stored drugs at a Schenectady residence that he shared with co-defendant Lashaunda Tarver. On May 11, 2017, law enforcement executing a warrant there seized approximately 300 grams of cocaine, 75 grams of heroin and 25 grams of crack cocaine. At the residence, Robinson also possessed various glass mixing cups, 4 digital scales, cutting agents, and various packaging materials, all used in the packaging and distribution of drugs.
Also, on May 10, 2017, law enforcement in Ulster County found, hidden in the engine compartment of the car that Robinson was driving, a bag containing approximately 100 grams of cocaine.
Robinson, who has 3 prior drug felony convictions, faces at least 10 years and up to life in prison, and at least 8 years of post-imprisonment supervised release, when he is sentenced by United States District Judge Mae A. D’Agostino on December 14, 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.
The following defendants have also pled guilty in connection with the conspiracy:
Name
Age
Jose Gilberto Harris
58
Lashaunda Tarver, aka “Shaunda”
39
Bobby R. Graham
51
Marty Humphrey
66
Jalessa Scott
27
Willie C. Hayes, aka “Man”
46
Kimberly Petties, aka “Shorty”
49
Manuel Clemente
62
Corey J. White, aka “Stacks”
35
Shenika Boyd, aka "Misses" 38As part of this investigation, Scott also pled guilty in Schenectady County Court to criminal possession of a firearm.
The following defendants still face charges in this case: Yusef Boothman, aka “Rocket,” age 38, of Schenectady, and Kristy L. Smith, age 39, of Schenectady. The charges against these defendants are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision. This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Western Massachusetts Man Charged with Traveling to Meet Minor for SexRead the Press Release
ALBANY, NEW YORK – Joseph A. Defilippi, age 55, of Chicopee, Massachusetts, was arrested Friday and charged with traveling across state lines with the intent to engage in a sexual act with a minor.
The announcement was made by 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 charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The criminal complaint alleges that between February 28, 2018 and August 10, 2018, Defilippi exchanged e-mails with an undercover investigator who was posing as a 13-year-old boy named “Dylan.” Many of the electronic communications sent by Defilippi to “Dylan” involved Defilippi expressing his desire to engage in sexual acts with “Dylan.”
In early August 2018, Defilippi and “Dylan” discussed plans in which Defilippi would travel from Massachusetts in order to meet “Dylan” at a park in Menands, New York. On the morning of August 10, 2018, Defilippi drove from Chicopee to the park in Menands. Shortly after Defilippi’s arrival at the park, he was encountered by law enforcement and admitted that he had travelled from Massachusetts to New York intending to engage in sexual acts with “Dylan.”
Defilippi appeared today before United States Magistrate Judge Daniel J. Stewart and was ordered detained pending further proceedings.
The charge filed against Defilippi carries 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.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Schenectady Man Sentenced to 21 Months on Fentanyl ConvictionRead the Press Release
ALBANY, NEW YORK – Anthony M. DeRose, age 24, a/k/a “Gus,” of Schenectady, New York, was sentenced today to 21 months in prison for possessing and intending to sell less than 2 grams of furanyl fentanyl, announced United States Attorney Grant C. Jaquith.
United States District Judge Mae A. D’Agostino ordered that DeRose’s 21-month sentence start only after he finishes a term of imprisonment he is currently serving for a state attempted assault conviction. Judge D’Agostino also imposed a 3-year term of supervised release, to begin after DeRose is release from prison.
On August 21, 2017, Schenectady County Sheriff’s Deputies arrested DeRose on an outstanding warrant. They searched him and found, inside his right pants pocket, one clear plastic bag containing 145 smaller white bags or envelopes, each of which contained furanyl fentanyl. As part of his guilty plea, DeRose admitted that he intended to distribute the furanyl fentanyl, which is a synthetic opioid that has been a Schedule I controlled substance since November 29, 2016.
This case was investigated by the Schenectady County Sheriff’s Office and the U.S. Drug Enforcement Administration, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Salvadoran Citizen Sentenced for Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK – Roberto Alexander Herrera Carballo, age 27, and of a citizen of El Salvador, was sentenced today to time served (116 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas R. Decker, Director of the New York Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
ICE Officers arrested Herrera Carballo on April 16, 2018 in Kingston, New York. He had previously been removed from the United States, on August 2, 2009, and did not have permission to re-enter.
Herrera Carballo will be 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 Michael Barnett.
North Country Man Sentenced to Prison, Ordered to Pay $3.5 Million for Contraband Cigarette SalesRead the Press Release
SYRACUSE, NEW YORK – Jeffrey Lazare, age 48, of Hogansburg, New York, was sentenced yesterday to one year and one day in prison, and to pay a money judgment of $3.5 million, for failing to maintain required records relating to the manufacture and sale of cigarettes.
The announcement was made by United States Attorney Grant C. Jaquith and Ronald N. Hancock, Acting Assistant Administrator for Field Operations, U.S. Alcohol and Tobacco Trade and Tax Bureau (TTB).
Lazare pled guilty on February 14, 2018 before United States District Judge David N. Hurd. He admitted that from January 2014 through August 2014, in Franklin County, and as part of an effort to defraud the United States, he shipped, sold, and distributed quantities of cigarettes in excess of 10,000 in single transactions and failed to maintain required records. These records include the identity of, and shipping information for, each purchaser.
During this period, Lazare’s business, Braves Manufacturing and Braves Packaging, generated proceeds of at least $3.5 million from his unlicensed cigarette manufacturing operation.
Lazare’s failure to maintain required records was part of an effort to avoid paying the federal excise tax (FET) on the cigarettes he manufactured and distributed. His 38 separate sales of 10,000 or more cigarettes were subject to an FET of at least $247,623.60 that he did not pay.
The forfeiture figure of $3.5 million included $957,065.00 seized from Lazare’s bank account in 2013.
This case was investigated by the U.S. Alcohol and Tobacco Trade and Tax Bureau (TTB), and was prosecuted by Assistant U.S. Attorney Carl Eurenius.