Northern District of New York

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.

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.

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.

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. 

 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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, 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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" 38

As 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.

 

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.

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.

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.

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.

PLATTSBURGH, NEW YORK – Lemarin Bolivard, age 43, and of a citizen of Haiti, was sentenced today to time served (69 days in jail) for illegally re-entering 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.

On September 15, 2009, Bolivard was ordered removed from the United States.  On August 10, 2017, he voluntarily departed the United States by illegally entering Canada.  On June 2, 2018, he illegally entered the United States from Canada with three other people, by walking through the woods in Champlain, New York.  Border Patrol Agents then discovered Bolivard sleeping in a vehicle in a motel parking lot in Plattsburgh.

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

This case was investigated by United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Jonathon Rule, age 28, of Moreau, New York, pled guilty today to failing to update his sex offender registration, announced United States Attorney Grant C. Jaquith.

Rule was charged with violating the federal Sex Offender Registration and Notification Act (“SORNA”), which requires a convicted sex offender to register, and keep that registration current, wherever he or she resides.  Rule admitted that he was previously convicted of criminal sexual conduct in the first degree in Michigan, which required him to register as a sex offender for the rest of his life.  Rule further admitted that he moved from Michigan to Moreau, New York, in January 2016, and lived there for approximately 2 years prior to being arrested by the New York State Police, without ever registering in New York or updating his registration in Michigan.

Rule faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the United States Marshals Service Sex Offender Investigation Branch and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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

 

ALBANY, NEW YORK – Feliciano Felipe Diaz-Estrada, also known as Feliciano Villas-Estrada, age 56, a Mexican citizen living in Long Island City, New York, pled guilty today to transporting an illegal alien within 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.

As part of his plea, Diaz-Estrada admitted that on May 21, 2018, he drove to Montreal where he met with David Lopez-Garcia.  Diaz-Estrada then drove to the Champlain Port of Entry and entered the United States alone.  Simultaneously, Lopez-Garcia was walking across the border one-half mile east of the Champlain Port of Entry and avoided United States immigration inspection. 

Lopez-Garcia walked to a spot south of the border where he waited for Diaz-Estrada.  After entering the United States during the early morning of May 22, 2018, Diaz-Estrada drove to a cemetery in Champlain, New York, where he stopped and picked up the waiting Lopez-Garcia.  Border Patrol Agents observed the pick-up and followed Diaz-Estrada as he entered I-87 southbound.   Shortly after he entered I-87 southbound, Diaz-Estrada was stopped and arrested by Border Patrol Agents. 

Lopez-Garcia, age 46, a citizen of Mexico residing in Charlotte, North Carolina, was convicted of the misdemeanor offense of entry without inspection on June 5, 2018 and sentenced to 15 days in jail.    

As a result of his conviction, Diaz-Estrada faces up to 5 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 December 6, 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 Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

 

SYRACUSE, NEW YORK – Iordan Bossev, age 22, of Baton Rouge, Louisiana, was sentenced yesterday to 6 years in prison for child sex and child pornography crimes.

The announcement was made by United States Attorney Grant C. Jaquith and Charles Margiotta, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation. 

As part of his guilty plea, Bossev admitted that at the age of 19 he communicated with a 14-year-old over the internet.  The communications became sexual in nature and Bossev sought and received via the internet numerous sexually explicit images of the victim from March 2015 through November 2015.  In May 2015, after approximately 2 months of sending sexually explicit images back and forth, Bossev traveled from Louisiana to Watertown, New York, to meet the victim for the purpose of engaging in illicit sexual conduct.  In anticipation of their meeting, Bossev rented a hotel room in Jefferson County.  When the defendant arrived he and the victim spent parts of 2 days in the hotel room having sex.

In November 2015, Bossev traveled to Jefferson County with the intention of running away with the victim so the two could further engage in illicit sexual activity.  Bossev bought a disguise for the victim at a local Walmart so the victim could dress up as a female and the two fled together via bus to New York City.  From New York City, Bossev purchased tickets for the two to travel by Greyhound bus to San Francisco, California.  From November 2015 to December 2016, Bossev and the victim lived together in San Francisco, Seattle, Washington, and Portland, Oregon. 

Chief United States District Judge Glenn T. Suddaby also imposed a lifetime term of supervised release, which will start after Bossev is released from prison, ordered the defendant to pay $10,000 in restitution to the victim, and ordered the defendant to pay a $5,400 special assessment. As a result of his conviction, Bossev will also be required to register as a sex offender upon his release from prison.

Bossev’s case was investigated by the New York State Police, the United States Marshals Service, the Jefferson County Sheriff’s Department, the Washington County Sheriff’s Department and the FBI.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

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

SYRACUSE, NEW YORK – Cody Childress, age 29, of Jamesville, New York, was sentenced yesterday to 7 years in prison for possessing and receiving child pornography.

The announcement was made by United States Attorney Grant C. Jaquith and Charles Margiotta, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation. 

As part of his guilty plea, Childress admitted that he received images of child pornography through a peer-to-peer, file-sharing program. A search of Childress’s laptop computer revealed that he possessed 51 videos depicting child pornography.

Chief United States District Judge Glenn T. Suddaby also imposed a 15-year term of supervised release, which will start after Childress is released from prison. As a result of his conviction, Childress will be required to register as a sex offender upon his release from prison.

Childress’s case was investigated by the New York State Police and the FBI.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.

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

ALBANY, NEW YORK – A jury today voted to convict Emmanuel Philippe, age 23, of Brooklyn, New York, and Leominster, Massachusetts, of possessing a firearm in furtherance of a drug trafficking crime, possessing a firearm and ammunition as a felon, and possessing and intending to distribute crack cocaine.

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

Evidence presented during the 4-day trial established that on March 17, 2017, at about 3 a.m., Philippe was the subject of a routine traffic stop, for speeding, on West Avenue near the YMCA in Saratoga Springs, New York.  Philippe gave Officers a fake name and fake Massachusetts driver’s license, and said he was on his way to a hotel in Schenectady, New York.

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

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

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

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

Philippe, who has a prior felony conviction for attempted grand larceny, faces at least 5 years and up to 25 years in prison when he is sentenced on December 6, 2018 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.  Philippe, a lawful permanent resident of the United States and citizen of Haiti, may face immigration consequences as a result of his convictions. 

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

 

SYRACUSE, NEW YORK – William C. Ruff, age 43, of Clifton Park, New York, was sentenced on Tuesday to 10 years in prison for distributing child pornography.

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

The sentence was issued by Senior United States District Judge Norman A. Mordue, and followed Ruff’s guilty plea, on April 16, 2018, to distributing child pornography on eight occasions between October 10, 2016 and December 17, 2016.  As Ruff admitted, the pornographic videos and images depicted the sexual abuse of children as young as 3 years old. 

Judge Mordue also imposed a 20-year term of supervised release to start after Ruff is released from prison.  As a result of his conviction, Ruff will be required to register as a sex offender after leaving prison. 

This case was investigated by the FBI, with assistance from the Saratoga County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and Emmet O’Hanlon. 

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

WASHINGTON – Xiaoqing Zheng, 56, of Niskayuna, New York, was arrested today in connection with a criminal complaint charging him with stealing trade secrets belonging to General Electric (GE). 

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Grant C. Jaquith for the Northern District of New York, and, Acting Special Agent in Charge Charles Margiotta of the FBI’s Albany Division. 

The criminal complaint alleges that on or about July 5, Zheng, an engineer employed by General Electric, used an elaborate and sophisticated means to remove electronic files containing GE’s trade secrets involving its turbine technologies. Specifically, Zheng is alleged to have used steganography to hide data files belonging to GE into an innocuous looking digital picture of a sunset, and then to have e-mailed the digital picture, which contained the stolen GE data files, to Zheng’s e-mail account.   

The defendant appeared today in federal court in Albany, New York, before U.S. Magistrate Judge Christian F. Hummel and was ordered detained without bail pending a hearing scheduled for August 2, at 1:30 p.m.  

The charge filed against Zheng carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.  The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by the FBI, and is being prosecuted by Assistant U.S. Attorney Rick Belliss of the Northern District of New York, and Trial Attorneys Jason McCullough and Matt Chang of the National Security Division’s Counterintelligence and Export Control Section.

Xiaoqing Zheng, 55, of Niskayuna, New York, was arrested today in connection with a criminal complaint charging him with stealing trade secrets belonging to General Electric (GE).

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Grant C. Jaquith for the Northern District of New York, and, Acting Special Agent in Charge Charles Margiotta of the FBI’s Albany Division.

The criminal complaint alleges that on or about July 5, Zheng, an engineer employed by General Electric, used an elaborate and sophisticated means to remove electronic files containing GE’s trade secrets involving its turbine technologies. Specifically, Zheng is alleged to have used steganography to hide data files belonging to GE into an innocuous looking digital picture of a sunset, and then to have e-mailed the digital picture, which contained the stolen GE data files, to Zheng’s e-mail account. 

The defendant appeared today in federal court in Albany, New York, before U.S. Magistrate Judge Christian F. Hummel and was ordered detained without bail pending a hearing scheduled for August 2, at 1:30 p.m.   

The charge filed against Zheng carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.  The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by the FBI, and is being prosecuted by Assistant U.S. Attorney Rick Belliss of the Northern District of New York, and Trial Attorneys Jason McCullough and Matt Chang of the National Security Division’s Counterintelligence and Export Control Section.

SYRACUSE, NEW YORK – Alutiiq Diversified Services, LLC (“Alutiiq”) paid $683,987 to resolve claims that it improperly billed the United States Army for the construction of a shoot house located at Fort Drum and has agreed to remediate the shoot house at no cost to the government, announced United States Attorney Grant C. Jaquith.

Alutiiq had an agreement with the Army to construct a shoot house on Fort Drum for use as a live-fire, close-quarters combat training facility.  Shoot houses like this one are made principally with a substance called Shock Absorbing Concrete (“SACON”).  SACON is specially designed to absorb bullets fired during training exercises, reducing the risk to soldiers of being hit by friendly gun fire during live-fire training.  The specification for the SACON sets forth requirements for the density of the SACON at various stages of manufacture and the SACON’s compressive strength, both of which can impact the SACON’s ability to absorb bullets.  Alutiiq subcontracted with another company to do the actual work of building the shoot house, but Alutiiq remained contractually obligated to the government to perform quality control.

The investigation revealed that the subcontractor responsible for making the SACON did not follow the SACON specifications, delivering hundreds of SACON blocks that were outside the density parameters.  Moreover, there were no records showing that the subcontractor performed compressive strength testing at the required time, and the limited strength testing records that were available showed that some SACON blocks were outside the maximum strength limit even when tested too early.  The investigation also uncovered a SACON block with makeshift rebar in the form of nail and wire embedded inside the block, a condition that increases bullet ricochet risk.  Alutiiq submitted quality control reports for the SACON work certifying that it was performed in accordance with the contract requirements but did not actually confirm before submitting its claims for payment that the SACON subcontractor had manufactured the SACON properly.

United States Attorney Grant C. Jaquith said: “Accurate claims are essential in all government contracts to protect the public purse and the safety of those who use the purchased product.  This case underscores the importance of that principle, involving false claims about the reliability of materials to reduce the risk to our soldiers during live-fire combat training.  The settlement agreement reflects Alutiiq’s failure to carry out its quality control obligations, its submission of false claims, and its cooperative work to resolve this case by paying a substantial sum of money and fixing the shoot house so the Army has the safe setting needed to train soldiers to defend our nation.  We will continue to use the False Claims Act to safeguard the integrity of defense procurement.”

“The settlement agreement announced today is the successful resolution of this joint investigation conducted by the Defense Criminal Investigative Service (DCIS), the U.S. Army Criminal Investigation Command and the U.S. Attorney’s Office, Northern District of New York,” stated Leigh-Alistair Barzey, Special Agent-in-Charge, DCIS Northeast Field Office.  “The integrity of the DoD supply chain is of vital importance to America’s Armed Forces and its national security and the DCIS will continue to work with its law enforcement partners to hold Defense Contractors accountable to contract requirements ensuring quality products and services are provided to the U.S. military.”

This settlement further demonstrates the resolve of the U.S. Army Criminal Investigation Command's (USACIDC) Major Procurement Fraud Unit and our law enforcement partners to protect and defend the assets of the United States Army,” stated Special Agent in Charge L. Scott Moreland, of the USACIDC’s Mid-Atlantic Fraud Field Office.

The investigation and settlement were the result of a coordinated effort among the United States Attorney’s Office for the Northern District of New York, the Defense Criminal Investigative Service, and the United States Army Criminal Investigation Command.  The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.

ALBANY, NEW YORK – Robert Kirk, age 35, of Schenectady, New York, appeared yesterday in federal court on charges that he received and distributed child pornography over the internet. 

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

According to the federal criminal complaint, Kirk used an anonymous account on Kik Messenger, an instant messaging application, to receive and distribute child pornography.  Kirk also had, on his cell phone, hundreds of image files and videos depicting child pornography.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

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

Kirk appeared yesterday before United States Magistrate Judge Daniel J. Stewart.  Kirk waived his detention hearing and was ordered detained pending further proceedings. 

This case is being investigated by HSI, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.

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.

BINGHAMTON, NEW YORK – William Surmik, age 24, of Apalachin, New York, was sentenced today to serve 25 months in prison and a 3 year term of supervised release for his previously entered guilty pleas to Assaulting, Resisting, and Impeding Federal Law Enforcement Officers, announced United States Attorney Grant C. Jaquith, Charles Margiotta, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI), David L. McNulty, United States Marshal for Northern District of New York, George P. Beach, II, Superintendent of the New York State Police, and John A. Butler, Vestal Chief of Police.

In pleading guilty, Surmik admitted that in March of 2017 he was a parole absconder from the state of Ohio staying in the Apalachin, New York area.  On March 7, 2017, Deputy U.S. Marshals and several members of the U.S. Marshal’s Fugitive Task Force approached a residence in Apalachin, New York in order to execute an arrest warrant for Surmik. Upon seeing the Marshals, Surmik fled the scene in a truck and rammed a vehicle operated by federal task force officers.  Surmik then led officers on a high-speed chase through backcountry roads, which resulted in a crash between Surmik’s truck and task force officers.  A member of the U.S. Marshal’s Fugitive Task Force was seriously injured during the arrest of Surmik.

This joint investigation was conducted by the FBI, U.S. Marshal’s Service, New York State Police, and the Vestal Police Department.  The case was prosecuted by Assistant U.S. Attorney Miroslav Lovric. 

 

ALBANY, NEW YORK – On July 6, 2018, a Federal District Court judge entered a judgment in the amount of $85,706.61 against J. Felix Strevell (“Strevell”) and his adult daughter Nicole Childrose (“Childrose”) after the judge found that Strevell fraudulently transferred over $100,000.00 to Childrose to avoid his obligation to pay restitution to the State of New York (“NYS”) following a 2009 criminal fraud conviction, announced United States Attorney Grant C. Jaquith. 

From 1997 to 1999, Strevell served as the NYS Deputy Secretary of State. In 1999, he left that position to serve as the head of the Institute for Entrepreneurship, a state-sponsored nonprofit agency. In 2007, Strevell was indicted by a federal grand jury and charged with defrauding NYS by fraudulently using the Institute’s funds for his own personal use and that of his family. He eventually pled guilty and on March 27, 2009, a judgment was entered against him that, among other things, required him to pay $111,500 in restitution to NYS. 

After an investigation by the United States Attorney’s Office, on June 14, 2016, the government filed a civil Complaint against Strevell and Childrose, a full-time college professor, alleging that instead of paying his court-ordered restitution, between September 2012 and June 2014, Strevell diverted a total of $159,046.00 to Childrose.  The Complaint also alleged that in May 2014, Strevell paid for substantially all of Childrose’s wedding expenses, including three wedding gowns, and her honeymoon. Additionally, in November 2015, Strevell paid $13,871.80 in cash to satisfy Childrose’s unpaid property tax obligations to avoid the property being sold at auction.  During this same time period, Strevell paid only $6,750.00 in restitution. The Complaint alleged that the significant monetary transfers to Childrose rendered Strevell incapable of paying off the remainder of his restitution obligation.

United States Attorney Grant C. Jaquith said: “Strevell cheated New York State taxpayers a second time by shirking his restitution obligation, hiding his assets and income, and funneling money to his adult daughter.  As this case demonstrates, we will use every appropriate avenue to enforce restitution judgments and fight fraudulent efforts to forestall fulfillment of them.”

In a written decision, the Court found that the United States had proven, through 159 separate exhibits, that Strevell had withdrawn cash from various business accounts and then deposited the cash into his daughter’s personal bank account.  In concluding that the transfers to Childrose were fraudulent, the Court noted that the transactions were made from bank accounts Strevell hid from the government. Additionally, when prosecutors deposed Strevell in 2014 to inquire into his financial resources and failure to pay his restitution obligation, he lied under oath about the financial support he provided to Childrose and the significant financial contributions he made to her 2014 wedding.  As a result of this false testimony, Strevell was ultimately indicted by a federal grand jury and charged with five counts of perjury.  Strevell eventually pled guilty to all five counts and admitted that he had in fact given his daughter more than $30,000.00 for wedding expenses and paid for substantially all of her wedding expenses.  He is currently serving a 30-month prison term.  In its decision in the civil case, the Court noted that neither Strevell nor Childrose presented any evidence to contradict the overwhelming evidence that Strevell had unjustly enriched his grown daughter instead of complying with his restitution obligation. 

In October 2016, the government began garnishing Strevell’s monthly NYS state pension and applied those monies to Strevell’s restitution obligation. Therefore, by the time the United States moved for summary judgment against the defendants in February 2018, Strevell owed $85,706.61.00 in restitution. In its decision, the Court noted that credit toward the judgment amount would be given for any restitution payments made after the United States filed its summary judgment motion and before the date of the court’s decision.  After accounting for the monies collected from Strevell’s pension, as of the date of the Court’s decision on July 6, 2018, Strevell owed NYS over $80,000.00.

This case was investigated by the Financial Litigation Unit of the U.S. Attorney’s Office’s Civil Division.  The lawsuit was handled by Assistant U.S. Attorney Cathleen B. Clark.

BINGHAMTON, NEW YORK – Justin Crandall, age 30, and Jessica Crandall, age 28, both of Sidney, New York, were sentenced yesterday to serve 50 years (Justin) and 25 years (Jessica) in prison and lifetime terms of supervised release in connection with their previously entered guilty pleas to Sexual Exploitation of a Child, announced United States Attorney Grant C. Jaquith, Charles Margiotta, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI), and George P. Beach, II, Superintendent of the New York State Police.

In pleading guilty, Justin Crandall and Jessica Crandall admitted that in 2016 and 2017 they resided in Sidney, New York (Delaware County), and provided daycare on a weekly basis at their residence for a 17-month old child.  During that time period, and while the 17-month old child was in their care, the Crandalls used the child to engage in sexually explicit acts, while Justin Crandall produced videos and images of this conduct.  The FBI and New York State Police executed search warrants at the Crandall’s’ residence and located the sexually explicit videos and images on a cellular telephone.

Justin Crandall and Jessica Crandall were questioned by the New York State Police and voluntarily confessed in video and audio-recorded interviews to sexually exploiting the 17-month old child.

The investigation in this case was conducted by the FBI Syracuse Mid-State Child Exploitation Task Force, consisting of FBI Agents and Investigators of the New York State Police, Bureau of Criminal Investigation. This case was prosecuted by Assistant U.S. Attorney Miroslav Lovric. 

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.

UTICA, NEW YORK – Marco Avila, age 34, and an Ecuadorian citizen living in Newark, New Jersey, pled guilty yesterday to 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 that morning and bring him to New Jersey.  After picking up the friend, Avila was stopped by Border Patrol.  None of the three occupants 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).

Avila is scheduled to be sentenced on August 22, 2018, and faces up to 5 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 was investigated by the United States Border Patrol and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Robert Gibeault, Jr., age 49, of Gansevoort, New York, was indicted yesterday for distributing child pornography over the internet and possessing child pornography on a laptop computer. 

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

The indictment alleges that, between January 2017 through September 2017, Gibeault used a peer-to-peer file sharing network and the internet to make child pornography videos available to be downloaded by other users.  It also alleges that Gibeault possessed a laptop computer containing images of child pornography, and that the images depicted prepubescent children and children under the age of 12. 

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

Gibeault, who was originally arrested in June on a criminal complaint, will be arraigned on the indictment at a later date.  If convicted, Gibeault faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Additionally, if convicted, Gibeault will be required to register as a sex offender. 

This case is being investigated by HSI, with assistance from the New York State Police and Colonie Police Department, and is being prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and Emmet O’Hanlon.

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.

 

ALBANY, NEW YORK – Adrian Morris, age 61, a Clifton Park, New York, psychiatrist specializing in addiction recovery, was arrested today and charged with distributing controlled substances outside the course of professional practice and for no legitimate medical purpose.

The announcement was made by United States Attorney Grant C. Jaquith; James J. Hunt, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Field Division; Charles Margiotta, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Albany County Sheriff Craig D. Apple.

According to a criminal complaint, Morris dispensed Xanax, Adderall, and Suboxone to patients for no legitimate medical purpose, and to at least one patient in exchange for sex.  In addition to writing unjustified prescriptions to patients, Morris also wrote prescriptions for individuals he never treated.

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

Morris appeared today in Albany before United States Magistrate Judge Daniel J. Stewart, who ordered him released pending further proceedings.

If convicted, Morris faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum $1 million 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 DEA, FBI, Albany County Sheriff’s Office, and the New York State Bureau of Narcotic Enforcement, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Robert P. Halloran, age 27, of Troy, New York, pled guilty today to one count of possession of child pornography, announced United States Attorney Grant C. Jaquith and Charles Margiotta, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Halloran admitted that from August 2016 through December 2016, he possessed approximately 60 video files containing child pornography that he stored in a Dropbox account.  The video files depicted the sexual exploitation of children as young as 5 years old. 

Halloran, who has a prior New York State misdemeanor conviction for Attempted Possession of an Obscene Sexual Performance by a Child, has been in custody since his arrest on April 13, 2017.  He is scheduled to be sentenced on November 15, 2018, and faces at least 10 years and up to 20 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine.  Halloran will also have to register as a sex offender when he is released from 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 was investigated by FBI, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.  

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/.