Northern District of New York
Press releases recorded for this federal judicial district.
Haitian Citizen Sentenced for Illegal Re-EntryRead the Press Release
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.
Saratoga County Man Pleads Guilty to Failing to Update His Sex Offender RegistrationRead the Press Release
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/.
Mexican Citizen Admits Transportation of Illegal AlienRead the Press Release
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.
Louisiana Man Sentenced to 6 Years for Child Sex and Child Pornography CrimesRead the Press Release
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.
Jamesville Man Sentenced to 7 Years for Receipt and Possession of Child PornographyRead the Press Release
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.
Jury Convicts Brooklyn Man of Firearm and Drug CrimesRead the Press Release
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.
Clifton Park Man Sentenced to 10 Years for Distributing Child PornographyRead the Press Release
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/.
Niskayuna Man Charged with Theft of Trade SecretsRead the Press Release
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.
New York Man Charged with Theft of Trade SecretsRead the Press Release
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.
Fort Drum Contractor Pays $683,987 to Resolve False Claims Act ExposureRead the Press Release
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.
Schenectady Man Arrested for Receipt and Distribution of Child PornographyRead the Press Release
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.
Tioga County Man Sentenced to 25 Months for Assaulting Federal OfficersRead the Press Release
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.
Federal Judge Finds That Felix Strevell Fraudulently Transferred $85,000 to His Daughter to Avoid Paying Federal RestitutionRead the Press Release
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.
Delaware County Couple Sentenced for Sexual Exploitation of a 17-Month-Old ChildRead the Press Release
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.
Ecuadorian Man Pleads Guilty to Transporting an AlienRead the Press Release
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.
Saratoga County Man Charged with Distribution of Child PornographyRead the Press Release
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.
Clifton Park Doctor Arrested for Unlawful Drug DistributionRead the Press Release
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.
Troy Man Pleads Guilty to Possessing Child PornographyRead the Press Release
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/.
Medical Device Maker AngioDynamics Agrees to Pay $12.5 Million to Resolve False Claims Act AllegationsRead the Press Release
SYRACUSE, NEW YORK - Latham, New York-based medical device manufacturer AngioDynamics, Inc. has agreed to pay the United States a total of $12.5 million to resolve allegations that the company caused healthcare providers to submit false claims to Medicare, Medicaid, and other federal healthcare programs relating to the use of two medical devices, LC Bead and the Perforator Vein Ablation Kit (PVAK), the Justice Department announced today.
“The Justice Department is committed to holding medical device manufacturers accountable, which includes requiring that they follow all laws designed to ensure that medical devices are safe and effective,” said Chad R. Readler, Acting Assistant Attorney General for the Justice Department’s Civil Division. “When manufacturers make misleading statements concerning the use of their products in ways that have not been cleared by the FDA, it undermines patient care. Taxpayers and patients deserve better.”
AngioDynamics will pay $11.5 million to resolve allegations that the company caused false claims to be submitted to government healthcare programs for procedures involving an unapproved drug-delivery device that was marketed with false and misleading promotional claims.. The government alleged that, from May 2006 through December 2011, AngioDynamics served as the U.S. distributor for Biocompatibles plc, the manufacturer of LC Bead, and marketed LC Bead for use as a drug-delivery device in combination with chemotherapy drugs. Moreover, AngioDynamics personnel routinely claimed that this particular use of LC Bead, which FDA had twice declined to approve, was “better”, “superior”, “safer” and “less toxic” than alternative treatments, even though there was insufficient clinical evidence to support the truthfulness of these claims. The government also alleged that AngioDynamics was aware that many insurers declined to provide coverage for certain LC Bead procedures and, as a result, instructed healthcare providers to use inaccurate billing codes when submitting claims for such uses. The federal share of the civil settlement is approximately $10.9 million, and the state Medicaid share of the civil settlement is approximately $600,000. The government previously resolved related criminal and civil claims against Biocompatibles in November 2016.
“The basic legal rule in this area could be mastered by a third-grader: Don’t lie,” said U.S. Attorney John F. Bash for the Western District of Texas. “If you do, you will be held accountable. This settlement reflects that.”
AngioDynamics will separately pay $1 million to resolve allegations that the company caused false claims to be submitted to federal healthcare programs in connection with the use of the PVAK, later renamed the 400 micron kit. In 2008, AngioDynamics acquired the PVAK as part of a product suite that utilizes a laser to close or collapse malfunctioning veins. The PVAK was FDA-cleared only for use in treating superficial veins, and, in 2011, AngioDynamics requested that the FDA clearance include the treatment of perforator veins. However, FDA informed the company that the treatment of perforator veins constitutes a new indication for which safety and efficacy were unknown. As a result, AngioDynamics voluntarily recalled the PVAK and re-issued the product under a new name, the 400 micron kit that did not refer to the unapproved use of treating perforator veins. Notwithstanding the recall and rebranding, certain AngioDynamics personnel, as part of a continued campaign to market the device to treat perforator veins, falsely represented to providers that Medicare would cover this use despite Medicare coverage restrictions to the contrary.
“This settlement reflects the expectation that medical device manufacturers will give doctors accurate information about devices they manufacture and underscores the vital role of the False Claims Act in protecting the public fisc,” said United States Attorney Grant C. Jaquith for the Northern District of New York. “We will continue to use all available tools to help secure patient safety and ensure the integrity of healthcare services claims submitted to the government.”
“Medical device makers have an obligation to provide truthful information to protect both patients and the integrity of government health programs,” said Special Agent in Charge Scott J. Lampert of the U.S. Health and Human Services Department Office of Inspector General. “We will continue to thoroughly investigate health care fraud allegations.”
The civil settlement relating to LC Bead resolves a lawsuit filed under the whistleblower provision of the False Claims Act by Mr. Ryan Bliss, who formerly worked in the marketing departments of both AngioDynamics and Biocompatibles. The Act permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in the Western District of Texas and is captioned United States ex rel. Ryan Bliss v. Biocompatibles, Inc., et al., Case No. SA-13-CA-0667-XR. As part of today’s resolution, Mr. Bliss will receive approximately $2.3 million from the settlement relating to LC Bead.
The settlements with AngioDynamics were the result of a coordinated effort among the U.S. Attorney’s Offices for the Western District of Texas and the Northern District of New York and the Civil Division’s Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel, HHS’ Office of Counsel to the Inspector General, and the Department of Defense’s Defense Criminal Investigative Service. The investigations were conducted by the FDA’s Office of Criminal Investigations; the HHS Office of Inspector General investigated allegations in the settlement involving PVAK.
The claims resolved by the civil settlements are allegations only, and there have been no determinations of liability.
Medical Device Maker AngioDynamics Agrees to Pay $12.5 Million to Resolve False Claims Act AllegationsRead the Press Release
WASHINGTON – Latham, New York-based medical device manufacturer AngioDynamics, Inc. has agreed to pay the United States a total of $12.5 million to resolve allegations that the company caused healthcare providers to submit false claims to Medicare, Medicaid, and other federal healthcare programs relating to the use of two medical devices, LC Bead and the Perforator Vein Ablation Kit (PVAK), the Justice Department announced today.
“The Justice Department is committed to holding medical device manufacturers accountable, which includes requiring that they follow all laws designed to ensure that medical devices are safe and effective,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “When manufacturers make misleading statements concerning the use of their products in ways that have not been cleared by the FDA, it undermines patient care. Taxpayers and patients deserve better.”
AngioDynamics will pay $11.5 million to resolve allegations that the company caused false claims to be submitted to government healthcare programs for procedures involving an unapproved drug-delivery device that was marketed with false and misleading promotional claims.. The government alleged that, from May 2006 through December 2011, AngioDynamics served as the U.S. distributor for Biocompatibles plc, the manufacturer of LC Bead, and marketed LC Bead for use as a drug-delivery device in combination with chemotherapy drugs. Moreover, AngioDynamics personnel routinely claimed that this particular use of LC Bead, which FDA had twice declined to approve, was “better”, “superior”, “safer” and “less toxic” than alternative treatments, even though there was insufficient clinical evidence to support the truthfulness of these claims. The government also alleged that AngioDynamics was aware that many insurers declined to provide coverage for certain LC Bead procedures and, as a result, instructed healthcare providers to use inaccurate billing codes when submitting claims for such uses. The federal share of the civil settlement is approximately $10.9 million, and the state Medicaid share of the civil settlement is approximately $600,000. The government previously resolved related criminal and civil claims against Biocompatibles in November 2016.
“The basic legal rule in this area could be mastered by a third-grader: Don’t lie,” said U.S. Attorney John F. Bash for the Western District of Texas. “If you do, you will be held accountable. This settlement reflects that.”
AngioDynamics will separately pay $1 million to resolve allegations that the company caused false claims to be submitted to federal healthcare programs in connection with the use of the PVAK, later renamed the 400 micron kit. In 2008, AngioDynamics acquired the PVAK as part of a product suite that utilizes a laser to close or collapse malfunctioning veins. The PVAK was FDA-cleared only for use in treating superficial veins, and, in 2011, AngioDynamics requested that the FDA clearance include the treatment of perforator veins. However, FDA informed the company that the treatment of perforator veins constitutes a new indication for which safety and efficacy were unknown. As a result, AngioDynamics voluntarily recalled the PVAK and re-issued the product under a new name, the 400 micron kit that did not refer to the unapproved use of treating perforator veins. Notwithstanding the recall and rebranding, certain AngioDynamics personnel, as part of a continued campaign to market the device to treat perforator veins, falsely represented to providers that Medicare would cover this use despite Medicare coverage restrictions to the contrary.
“This settlement reflects the expectation that medical device manufacturers will give doctors accurate information about devices they manufacture and underscores the vital role of the False Claims Act in protecting the public fisc,” said United States Attorney Grant C. Jaquith for the Northern District of New York. “We will continue to use all available tools to help secure patient safety and ensure the integrity of healthcare services claims submitted to the government.”
“Medical device makers have an obligation to provide truthful information to protect both patients and the integrity of government health programs,” said Special Agent in Charge Scott J. Lampert of the U.S. Health and Human Services Department Office of Inspector General. “We will continue to thoroughly investigate health care fraud allegations.”
The civil settlement relating to LC Bead resolves a lawsuit filed under the whistleblower provision of the False Claims Act by Mr. Ryan Bliss, who formerly worked in the marketing departments of both AngioDynamics and Biocompatibles. The Act permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in the Western District of Texas and is captioned United States ex rel. Ryan Bliss v. Biocompatibles, Inc., et al., Case No. SA-13-CA-0667-XR. As part of today’s resolution, Mr. Bliss will receive approximately $2.3 million from the settlement relating to LC Bead.
The settlements with AngioDynamics were the result of a coordinated effort among the U.S. Attorney’s Offices for the Western District of Texas and the Northern District of New York and the Civil Division’s Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel, HHS’ Office of Counsel to the Inspector General, and the Department of Defense’s Defense Criminal Investigative Service. The investigations were conducted by the FDA’s Office of Criminal Investigations; the HHS Office of Inspector General investigated allegations in the settlement involving PVAK.
The claims resolved by the civil settlements are allegations only, and there have been no determinations of liability.
Ballston Spa Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Jason Novoa, age 37, of Ballston Spa, New York, pled guilty yesterday to one count of receipt of child pornography and 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, Novoa admitted that, over a period of at least five years, he used a laptop computer equipped with peer-to-peer file-sharing software to download videos and images depicting child pornography. Novoa further admitted that between June 9 and June 13, 2017, he made available for download over 800 images of child pornography. Novoa possessed approximately 30 video files and 310 image files depicting child pornography on June 29, 2017, when the laptop was seized by investigators pursuant to a federal search warrant executed at his residence.
Sentencing is scheduled for November 15, 2018, in Albany, New York.
Novoa faces a minimum term of imprisonment of five (5) years on the charge of receipt of child pornography and a maximum term of imprisonment of twenty (20) years on both counts.The Court is also required to impose a term of supervised release between five (5) years and life, and Novoa will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Johnson City Woman Sentenced for Preparing False Federal Income Tax ReturnsRead the Press Release
BINGHAMTON, NEW YORK - Lavyette Garcia, age 41, of Johnson City, New York, was sentenced today to serve 24 months in prison and to pay $72,452.00 in restitution to the U.S. Treasury Department following her guilty plea to Preparing False Federal Income Tax Returns and Making False Claims Against the United States government, announced United States Attorney Grant C. Jaquith and James D. Robnett, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigations (IRS-CI). Garcia was also ordered to serve a 3-year term of supervised release following her prison sentence.
The defendant was arrested by Special Agents of the IRS-CI at her home in Johnson City, New York, on November 17, 2017 and subsequently pled guilty. In admitting her guilt, Ms. Garcia acknowledged that from 2011 to 2014 she knowingly and intentionally prepared and filed 110 false and fraudulent federal income tax returns for others. These false returns included fictitious income levels and falsely claimed eligibility for tax credits in an effort to qualify for tax refunds totaling $848,196.00. The IRS was able to identify some income tax returns as containing false information and halted some refund payments. In many cases where refunds were issued, Lavyette Garcia kept as much as half of the refunded money for herself.
This case was investigated by the U.S. Internal Revenue Service-Criminal Investigations (IRS-CI) and was prosecuted by Assistant U.S. Attorney Richard Southwick.
Binghamton Man Sentenced to Serve More Than 17 Years for Downloading Child PornographyRead the Press Release
BINGHAMTON, NEW YORK - Reid L. Babcock, age 48, of Binghamton, was sentenced today to serve 17 and ½ years in prison and a life term of supervised release for his previously entered guilty plea to receiving and downloading child pornography images from the internet, announced United States Attorney Grant C. Jaquith, Charles Margiotta, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation. and David Harder, Broome County Sheriff.
In pleading guilty to receipt of child pornography, Babcock admitted that from January of 2017 through April of 2017, in Broome County, New York, he used a cellular telephone to download more than 100 graphic image files of child pornography, depicting minors engaged in sexually explicit conduct, some of whom were approximately 6-7 years of age. Babcock also admitted that at the time of the commission of this crime he was a registered sex offender as a result of his previous conviction in 2003 in Vermont for the crime of Lewd or Lascivious Conduct with a Child.
This case was investigated by the Federal Bureau of Investigation (FBI) and the Broome County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Rome Man Sentenced to More than 15 Years in Prison for Drug Trafficking ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Eugene James, age 34, of Rome, New York, was sentenced today to serve 188 months incarceration in connection with his guilty plea to federal drug trafficking charges, announced 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. The Court further ordered James to serve a term of supervised release of 8 years following his release from prison, and to forfeit a money judgment of $90,000.00.
As part of his guilty plea, the defendant admitted that, for more than a year from 2016 into 2017, he was involved in a conspiracy to distribute cocaine, heroin, and crack cocaine in Oneida County. The defendant further admitted that he, and others working at his direction, made multiple trips to drug suppliers in New York City and Long Island, New York; and that on other occasions, the defendant’s suppliers traveled to the Utica, New York, area to deliver drugs to James. In total, the defendant trafficked multiple kilograms of cocaine, as well as additional quantities of heroin and crack cocaine.
This case was investigated by the U.S. Drug Enforcement Administration (DEA), the Oneida County Sheriff’s Office, the New York State Police, the Nassau County District Attorney’s Office, the Nassau County Police Department, the City of Rome Police Department, and the Utica Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Schenectady Man Sentenced to 63 Months of Imprisonment for ArsonRead the Press Release
ALBANY, NEW YORK – Duane E. Griffin, 37, of Schenectady, New York, was sentenced to serve 63 months in prison for arson, announced 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.
On March 9, 2018, following a one-week trial, a jury voted to convict Griffin of arson. The evidence presented at trial established that on March 17, 2012, Griffin used a hand-held propane torch to set the three-story building, located at 605 Union Street in the City of Schenectady, on fire. Griffin then got into his vehicle and fled the scene as flames began to engulf the building. The fire caused such severe structural damage to the building that it later had to be torn down for public safety. Griffin was also sentenced to a three-year term of supervised release, which will start after he is released from prison.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Schenectady Fire Department, and was prosecuted by Assistant U.S. Attorney Rick Belliss.
Plattsburgh Drug Dealer Sentenced for Membership in Heroin Distribution ConspiracyRead the Press Release
PLATTSBURGH, NEW YORK – Charles Adams, a.k.a. “Chuck,” 32, of Peru, New York, was sentenced today to serve 37 months in prison, to be followed by 4 years of supervised release, for conspiring to possess with intent to distribute and to distribute heroin, announced United States Attorney Grant C. Jaquith, Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA), and Clinton County Sheriff David Favro.
In pleading guilty, Adams admitted to being a member of a heroin-distribution conspiracy that transported hundreds of grams of heroin from Annapolis, Maryland and Schenectady, New York, to Plattsburgh, New York, where it was distributed. Adams, who was arrested in possession of 24 grams of heroin (including packaging) on May 25, 2017, admitted to driving other members of the conspiracy to pick up heroin in Annapolis and Schenectady, and to selling heroin in Plattsburgh.
The charges are the result of a nearly yearlong investigation led by the DEA Task Force in Plattsburgh, which consists of law enforcement officers from the DEA, Homeland Security Investigations, United States Border Patrol, New York State Police, Clinton County Sherriff’s Office, Essex County Sheriff’s Office, and the Plattsburgh Police Department. The New York State Department of Corrections and Community Supervision also assisted in the investigation.
The case was prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita.
Health Quest and Putnam Hospital Center to Pay $14.7 Million to Resolve False Claims Act AllegationsRead the Press Release
SYRACUSE, NEW YORK - Health Quest Systems, Inc. and certain of its subsidiaries (Health Quest) and Putnam Health Center (PHC) have agreed to pay over $14.7 million to resolve allegations of violations of the False Claims Act by submitting inflated and otherwise ineligible claims for payment, the Justice Department announced today. New-York based Health Quest is a family of integrated hospitals and healthcare providers that deliver surgical, medical and home health care services. PHC is a Health Quest subsidiary hospital based in Carmel Hamlet, New York.
“This resolution is a testament to our deep commitment to protecting the integrity of federally- funded healthcare programs,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “We are determined to hold accountable healthcare providers that knowingly claim taxpayer funds to which they are not entitled.”
In the settlement announced today, Health Quest and PHC admitted, acknowledged, and accepted responsibility for certain facts involving the submission of improper claims for various health-related services, including the following:
From April 1, 2009 through June 23, 2015, Health Quest submitted claims for evaluation and management services but did not sufficiently document the services to support the level of service billed. As a result, the services were billed two levels higher than supported by the medical record.
From April 1, 2011 through August 2014, Health Quest submitted claims for home health services that lacked sufficient medical records to support the claim, including documentation of a face-to-face encounter with a physician.
From March 1, 2014 through December 31, 2014, Health Quest subsidiary hospital, PHC, submitted allegedly false claims for inpatient and outpatient services referred to PHC by two orthopedic physicians, in alleged violation of the Physician Self-Referral Law. The two physicians had a direct financial relationship with PHC for providing administrative services and received compensation from PHC. The United States alleged their compensation exceeded the fair market value for the services, and thereby violated the Physician Self-Referral Law, which prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper compensation arrangement. The United States further alleged that one purpose of the excessive compensation was to induce the above referrals to PHC, in violation of the Anti-Kickback Statute.
“Today’s settlement holds Heath Quest responsible for false billings to federally funded health care programs, as well as claims tainted by a hospital’s payments to two physicians for administrative services where it appears that one purpose of those payments was to improperly induce referrals. Hospitals and providers must be vigilant to make sure that claims accurately reflect medical services provided and are supported by sufficient documentation. We will continue to investigate whistleblower complaints vigorously to protect public funds,” said United States Attorney Grant C. Jaquith for the Northern District of New York.
As part of the settlements announced today, Health Quest will pay an additional $895,427 to the State of New York, which jointly funds the State’s Medicaid program with the federal government.
Contemporaneously with the False Claims Act settlement, Health Quest also agreed to enter into a Corporate Integrity Agreement (CIA) with HHS-OIG to address future compliance.
“Government health program dollars are precious and need to be carefully guarded,” said Scott J. Lampert, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG). “Working closely with our law enforcement partners we will fight for the integrity of these taxpayer-funded programs.”
The settlement resolves three lawsuits brought by former employees of Health Quest under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to bring lawsuits on behalf of the United States and obtain a portion of the government’s recovery. Tim Cleary will receive $1,893,092, John Betaudier and Carolyn Carroll will receive, collectively, $56,266, and Gregory Folta will receive at least $875,546.
The lawsuits, are captioned: United States, et al. ex rel. Folta v. Health Quest Systems, Inc., et al., No. 1:15-cv-396 (N.D.N.Y.); United States, et al. ex rel. Cleary v. Health Quest Systems, Inc., et al., No. 16-cv-76 (N.D.N.Y.); and United States, et al. ex rel. Betaudier and Carroll v. Health Quest Medical, Practice, P.C., et al., No. 1:16-cv-1344 (N.D.N.Y.).
The federal government’s resolution of these matters illustrate its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
These matters were investigated by the Civil Division’s Commercial Litigation Branch; the U.S. Attorney’s Office for the Northern District of New York; HHS-OIG; the FBI; and the U.S. Postal Service Office of Inspector General.
Cohoes Man Pleads Guilty to Producing and Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – George Muzio, Jr., 37, of Cohoes, New York, pled guilty today to two counts of sexual exploitation of a child, six counts of distribution of child pornography, and one count of possession of child pornography, announced United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Muzio admitted that between August 2014 and May 2016, he communicated with thirteen underage girls using his cellular phone and the Kik Messenger application. The minors lived throughout North America and ranged in age from 11 to 17 years old, with most being between 13 and 14 years old at the time the defendant engaged them in text-message exchanges via Kik. The communications, which Muzio frequently steered toward graphic sexual conversation, generally spanned thousands of messages sent and received over several months.
In pleading guilty Muzio admitted that he posed as a teenage boy and repeatedly requested and received sexually explicit photographs from the underage girls whom he targeted. As Muzio admitted, he texted detailed instructions to two victims about how he wanted them to pose in the sexually explicit photographs that they took and sent to him at his request. One of those victims, a resident of Montana with whom Muzio exchanged over 2,000 text messages over a period of 8 months, was 11 years old at the time. The second, a resident of Georgia with whom Muzio exchanged over 4,700 text messages over a period of 4 months, was 13 years old.
In addition, Muzio admitted that on six occasions between March 2015 and January 2016, he distributed child pornography videos from his Cohoes home through an Internet file-sharing program. He also admitted that on May 3, 2016, he possessed a laptop computer that contained approximately 400 child pornography videos depicting the sexual abuse of children as young as 10 years old.
Muzio, who has been in custody since March 2, 2018, is scheduled to be sentenced on November 6, 2018, at which time he faces a sentence of at least 15 years and up to 30 years in prison on each of the two counts of sexual exploitation, and between 5 and 20 years on the distribution counts, and up to 20 years on the possession count. He also can be sentenced to at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine. He 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 Homeland Security Investigations (HSI), with assistance from the Colonie Police Department and the Cohoes Police Department, and is being prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and 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/.
Border Patrol Agent Arrested for Distribution of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Keith E. Hook, age 54, of Oswego, New York, appeared in federal court today on a charge that he distributed child pornography over the internet, announced United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
According to the federal criminal complaint, Hook, a United States Border Patrol Agent, used the Kik Messenger application to distribute child pornography to other Kik users from April 30, 2018 through May 4, 2018. As alleged in the complaint, an initial forensic review of his personally owned iPod revealed that it contained approximately 34 image files and 2 video files depicting child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Hook appeared today before United States Magistrate Judge Andrew T. Baxter, who ordered him detained pending a hearing scheduled for July 6, 2018.
If convicted, Hook 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, Hook would be required to register as a sex offender.
This case is being investigated by HSI Syracuse with assistance from the U.S. Department of Homeland Security, Office of Inspector General (DHS/OIG); U.S. Customs and Border Protection, Office of Professional Responsibility; the New York State Police Computer Crimes Unit; and the New York State Police (Fulton station). The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Upstate New York Urgent Care Practice and its Physician Owner to Pay $110,000 for Submitting False Claims to MedicareRead the Press Release
ALBANY, NEW YORK – Mountain Medical Services (Mountain Medical) and its owner, Michael Pond, M.D., have agreed to pay $110,000 under the False Claims Act to resolve allegations that they knowingly billed the federal government for services at a higher rate than appropriate, announced United States Attorney Grant C. Jaquith.
From January 2013 through October 2015, Mountain Medical employed physician assistants and nurse practitioners at its urgent care facilities in Lake Placid, Saranac Lake, Malone, and Massena, New York. Most of these facilities operated seven days a week, for several hours each day, often without a physician present. Nevertheless, during this period, Mountain Medical billed more than 99% of its Medicare services as though the services had been rendered or directly supervised by a physician. Medicare reimbursement rules provide higher levels of reimbursement for services rendered by a physician, and for services rendered by a non-physician practitioner who is directly supervised by a physician who both remains actively involved in the patient’s treatment and is present in the office suite when services are rendered, than for services rendered by a non-physician operating with less physician supervision and involvement.
“The continued vitality of our federal health care system depends on honest billing for services,” said United States Attorney Jaquith. “As this settlement illustrates, we are committed to ensuring that providers who knowingly violate Medicare requirements are held accountable.”
“Mountain Medical Services and Dr. Pond, like all health care providers, must be held to a high standard of ethical behavior,” said Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (HHS-OIG). “HHS-OIG will continue to ensure that providers who bill federal health care programs do so in an honest manner.”
This settlement was entered in connection with a nationwide law enforcement operation targeting health care fraud, announced today by Attorney General Jeff Sessions and other officials in Washington, D.C.
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, HHS-OIG, and the Federal Bureau of Investigation. The United States was represented by Assistant United States Attorney Adam J. Katz.
Jamaican Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Christopher Kevin Solomon, a/k/a Kevin Murphy, age 41, and a citizen of Jamaica, was sentenced today to time served (5 months 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.
Solomon was removed from the United States to Jamaica on April 26, 2003. On January 17, 2018, a Border Patrol Agent arrested him in Hogansburg, New York. Solomon admitted that he returned to the United States without permission following the removal.
Following the sentencing, Solomon 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.
Honduran Man Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Jose Isaias Guerrero, a/k/a Jose Isaias Herrera, age 40, and a citizen of Honduras, pled guilty today to illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Guerrero was removed from the United States to Mexico on October 19, 2010 and again on November 26, 2010. On April 20, 2018, ICE-ERO Officers arrested him in Greene County, New York. Guerrero admitted that he returned to the United States without permission following the prior removals.
Guerrero 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 October 25, 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 ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Saratoga County Man Arrested for Distribution of Child PornographyRead the Press Release
ALBANY, NEW YORK – Robert Gibeault, Jr., age 49, of Gansevoort, New York, appeared today in federal court on charges that he 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, Gibeault used the file-sharing program BitTorrent to distribute child pornography to other BitTorrent users from January 2017 through September 2017. His laptop computer contained approximately 390 video files and 85 image files depicting child pornography. These included files that Gibeault had previously distributed over the BitTorrent network. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
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 would be required to register as a sex offender.
Gibeault appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending a detention hearing scheduled for June 29, 2018.
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 Woman Pleads Guilty to Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Katie Bessette, age 29, of Albany, pled guilty today to conspiring to distribute cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of her guilty plea, Bessette admitted that on December 3, 2017, she distributed approximately 527 grams of cocaine to another person at a shopping center in Albany County.
Sentencing is scheduled for October 17, 2018 before Senior United States District Judge Gary L. Sharpe. Bessette faces at least 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Schenectady Man Pleads Guilty to Heroin ConspiracyRead the Press Release
ALBANY, NEW YORK – Corey J. White, aka “Stacks,” age 35, of Schenectady, New York, pled guilty today to conspiring to distribute heroin.
The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
White admitted that between August 1, 2016 and May 10, 2017, he worked with another person to distribute heroin in Schenectady. He also admitted that on May 11, 2017, he possessed, in his Schenectady residence, about 100 green-colored envelopes, each of which contained heroin packaged for sale, as well as 2 digital scales, drug packaging materials, and $4,462 in cash.
Sentencing is scheduled for October 25, 2018 before United States District Judge Mae A. D’Agostino. White faces up to 30 years in prison, and a term of post-imprisonment supervised release of at least 6 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Watervliet Man Indicted for Sexual Exploitation of a ChildRead the Press Release
ALBANY, NEW YORK – Aaron Vroman, age 28, of Watervliet, New York, was indicted yesterday for sexual exploitation of a child by making pornographic images, distribution of child pornography, and possession of child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
According to the indictment, Vroman sexually exploited a child from September 2015 through December 2017, used file-sharing software to distribute child pornography over the internet in April 2017, and possessed child pornography on a laptop computer and flash drive.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Vroman has been in custody since December 15, 2017 and will be arraigned at a later date. If convicted of all charges, Vroman faces at least 15 years and up to 30 years in prison, as well as 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 is being investigated by HSI, with assistance from the New York State Police and the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
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.
Quebec Man Pleads Guilty to Oxycodone Conspiracy Following Extradition from CanadaRead the Press Release
ALBANY, NEW YORK – Robert Jon Lazore, age 42, of Snye, Quebec, pled guilty today to conspiracy to distribute oxycodone on the Akwesasne Mohawk Indian Reservation in Franklin County.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin M. Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office; Matthew Rourke, Saint Regis Mohawk Tribal Police Chief; Rose M. Brophy, Director of Field Operations, Customs and Border Protection (CBP), Buffalo Field Office; and James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
As part of his plea, Lazore admitted that between 2008 and November 2012, he operated a drug trafficking organization that distributed oxycodone on the Akwesasne Mohawk Indian Reservation, which straddles the United States and Canadian border along the Saint Lawrence River. Lazore obtained 5,000 oxycodone tablets at a time from Canadian suppliers for distribution on the reservation. Lazore used at least 8 couriers and runners to coordinate the distribution of oxycodone to his customers. These couriers and runners included Carrie Lazore, Teri Jo Lazore, Travis Adams, Todd Edwards, and James Labarr. Lazore regularly provided each courier with 100 to 200 tablets of oxycodone to sell to customers in both Canada and the United States.
In December 2017, Lazore was extradited from Canada to the United States following a term of imprisonment in Canada.
As part of the same case, the following people have pled guilty to conspiracy to distribute oxycodone, and been sentenced by United States District Judge Mae A. D’Agostino, as follows:
Name
Age
Residence
Sentence
Carrie Lazore
31
Snye, Quebec
33 months
Terri Jo Lazore
25
Akwesasne, Ontario
87 months
Travis Adams
33
Hogansburg, NY
78 months
Todd Edwards
28
Akwesasne, Ontario
46 months
James Labarr
25
Bombay, NY
46 months
Robert Jon Lazore faces up to 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 when Judge D’Agostino sentences him on October 22, 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 is the result of close cooperative efforts of HSI, led by the Massena Residence Office, in conjunction with CBP, DEA, and the Saint Regis Mohawk Tribal Police. These agencies worked closely with the Royal Canadian Mounted Police, Akwesasne Mohawk Tribal Police, Ontario Provincial Police, Sûreté du Québec, and the Canada Border Services Agency, as well as U.S. Border Patrol, the New York State Police, St. Lawrence County Sheriff’s Office, Canton Police Department, Potsdam Police Department, and Plattsburgh Police Department.
This case is being prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe. Lazore was extradited to face charges in the Northern District of New York with the assistance of the U.S. Department of Justice’s Office of International Affairs.
Pittsford Man Pleads Guilty to Unlawful Purchase of Shotgun Used to Kill His FatherRead the Press Release
SYRACUSE, NEW YORK - Charles J. Tan, age 22, of Pittsford, New York, and a citizen of Canada, pled guilty today to crimes related to the unlawful purchase of a firearm that was used to kill his father in 2015, announced 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.
As part of his guilty plea to the crime of receiving a firearm in interstate commerce intending to use it in the commission of a felony, Tan admitted that in February 2015 he caused a fellow Cornell University student to make an unlawful “straw purchase” of a 12-gauge shotgun for him. Tan admitted to falsely telling the fellow student that he needed the firearm for hunting, when his actual intent was that it be used to shoot his father.
United States Attorney Grant Jaquith said, “Thanks to the perseverance and collaboration of federal and local law enforcement, Charles Tan is being held accountable for arranging for the unlawful purchase of a shotgun so he could use it to shoot his father. We will continue to work diligently with ATF and other federal, state, and local partners to fulfill our commitment to combat violent crime.”
“Mr. Tan circumvented the law and illegally obtained a firearm. Crimes involving illegal possession of firearms lie at the heart of ATF’s mission to protect the public from violent crime. I would like to thank our law enforcement partners that stand with ATF as one united front to protect our citizens from individuals that choose to disobey laws intended to preserve public safety. I would also like to extend my gratitude to the United States Attorney’s Office for their work in prosecuting the case,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives-New York Field Division
Tan also pled guilty to two offenses related to misrepresentations made to the federally licensed firearms dealer at the time of the “straw purchase” of the shotgun. In entering these guilty pleas, Tan admitted that he knew his fellow Cornell University student would have to lie on a background check form as to the true identity of the actual purchaser (Charles Tan). This form, known as the Department Of Justice – Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473, required that Tan’s fellow Cornell University student falsely sign and certify he was the actual purchaser in order to buy the shotgun. This was false because the purchase was actually and truly being made for Charles Tan, who supplied the money for the sale. In pleading guilty today, Charles Tan admitted to aiding, abetting and causing his fellow Cornell University student to make the false statement on the ATF Form 4473 as to the identity of the actual purchaser, a fact material to the lawful purchase of the firearm.
Sentencing is scheduled for October 18, 2018 in Syracuse. The defendant faces a sentence of up to 25 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 was investigated by the ATF and the Monroe County (New York) Sheriff’s Office, and is being prosecuted by Assistant United States Attorneys Lisa M. Fletcher and Miroslav Lovric.
Maryland Drug Dealer Sentenced to More Than 15 Years for Heroin Distribution ConspiracyRead the Press Release
PLATTSBURGH, NEW YORK – Jimolo Coates, a.k.a. “Lo,” Marlo,” “Brodie,” age 25, of Annapolis, Maryland, was sentenced today to 188 months in prison, to be followed by 8 years of supervised release, for conspiring to possess with intent to distribute and to distribute heroin.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); and Clinton County Sheriff David Favro.
In pleading guilty, Coates admitted to regularly selling 40 grams of heroin to Melissa Kusalonis in Annapolis for $4,000. Kusalonis then transported the heroin to Plattsburgh, New York, and sold it in personal-use quantities. Initially, and beginning in June 2016, Coates sold the heroin directly to Kusalonis. Following his arrest and detention on Maryland state charges in early September 2016, Coates directed two couriers, Tynaejah Thompson and Kiara Scott, to provide the heroin to and collect payment from Kusalonis. Coates also admitted to selling distribution-quantities of heroin to Charles Adams, who frequently transported heroin from Annapolis to Plattsburgh with Kusalonis, following Coates’s release from pretrial detention in Maryland in early March 2017.
Coates was charged along with nine other people in two related indictments relating to a heroin distribution ring that transported heroin from Annapolis and Schenectady, New York, and sold it in the Plattsburgh area. In addition to Coates, the following eight defendants have pled guilty to conspiracy to possess with intent to distribute and to distribute heroin:
- Kyle Touchstone, age 30, of Plattsburgh;
- Melissa Kusalonis, a.k.a. “Mel,” “Liss,” age 36, of Plattsburgh;
- Tynaejah Thompson, a.k.a. “Naee,” age 20, of Annapolis, Maryland;
- Kiara Scott, age 29, of Annapolis, Maryland;
- Anthony DeFilippo, a.k.a “Flip,” age 36, of Schenectady;
- Charles Adams, a.k.a. “Chuck,” age 32, of Peru, New York;
- Travynn Ippolito, a.k.a “Trav,” age 30, of Plattsburgh; and
- Luke Kiroy, age 33, of Saranac, New York.
The tenth defendant, Danielle Conners, age 32, of Plattsburgh, is scheduled for trial on August 27, 2018. The charge against Conners is merely an accusation, and she is presumed innocent unless and until proven guilty.
The charges are the result of a nearly yearlong investigation led by the DEA Task Force in Plattsburgh, which consists of law enforcement officers from the DEA, Homeland Security Investigations, United States Border Patrol, New York State Police, Clinton County Sheriff’s Office, Essex County Sheriff’s Office, and the Plattsburgh Police Department. The New York State Department of Corrections and Community Supervision also assisted in the investigation.
The case is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita.
Massachusetts Man Pleads Guilty to Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
BINGHAMTON, NEW YORK - Michael McCann, age 31, of Haverhill, Massachusetts, and formerly of Ilion, New York, pled guilty today to sexual exploitation of a minor and possession of child pornography. The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, McCann admitted to taking and distributing a photograph of himself engaged in sexual conduct with a 3-year old child, as well as possessing videos and still images depicting child pornography.
McCann, who is held without bail, will be sentenced on October 22, 2018 and faces up to fifty (50) years in prison, a mandatory minimum term of imprisonment of fifteen (15) years, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least five (5) years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, a federal task force that investigates cases involving the sexual exploitation of children. The task force consists of FBI Agents and New York State Police Investigators. This investigation was conducted with the assistance of the FBI Little Rock, Arkansas Field Office, the FBI Lowell, Massachusetts Resident Agency, the Herkimer County District Attorney’s Office, the Herkimer County Child Advocacy Center, Herkimer County Child Protective Services, the Village of Ilion, NY Police Department and the Haverhill, Massachusetts Police Department, and is being prosecuted by Assistant U.S. Attorney Carina H. Schoenberger.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Los Angeles Men Sentenced to 20 & 25 Years for Running Nationwide Synthetic Drug Trafficking RingRead the Press Release
SYRACUSE, NEW YORK –Andrew Raymond, age 39, and Brian Requena, age 41, both of Los Angeles, California, were sentenced yesterday following their convictions after trial for conspiracy to possess with intent to distribute synthetic drugs and money laundering, relating to their operation of a major nationwide synthetic drug trafficking ring, announced United States Attorney Grant C. Jaquith; Special Agent in Charge James J. Hunt, Drug Enforcement Administration (DEA), New York Division; and Special Agent in Charge James D. Robnett, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
Raymond was sentenced to serve 25 years in prison and Brian Requena was sentenced to serve 20 years in prison. Both men were convicted following an 11-day jury trial in Syracuse in July 2017. Upon their release from prison, Raymond and Requena will each serve a 3-year term of supervised release. As a further part of the sentence, Raymond and Requena forfeited multiple luxury vehicles, including a 2013 Rolls Royce Ghost, a 2014 BMW, and a 2015 Cadillac Escalade; 32 pieces of jewelry, including 10 Rolex watches, a Cartier watch, diamond earrings, diamond necklaces, and diamond rings; and funds seized from 16 bank accounts. Additionally, the court ordered a money judgment of $3 million against Raymond and a $1.5 million money judgment against Requena. Three other members of the conspiracy previously pled guilty to similar charges.
“The significant sentences imposed in this case reflect the seriousness of the defendants’ crimes –- leading an illegal business manufacturing and distributing large quantities of dangerous synthetic cannabinoids nationwide and laundering the drug proceeds,” said United States Attorney Grant C. Jaquith. “Thanks to the dedication of federal law enforcement, the profits of their poison peddling have been forfeited and prison substituted for their luxury. We will continue to investigate and prosecute drug traffickers who masquerade as legitimate businessmen.”
DEA Special Agent in Charge James J. Hunt stated, “Andrew Raymond and Brian Requena were not legitimate businessmen, they were drug kingpins earning millions off the sale of poison. They capitalized on distributing synthetic cannabinoids - a deadly psychoactive substance - in Northern New York and throughout the United States. I commend the Northern District of New York for their diligent work on this investigation and their unwavering commitment to prosecuting those who violate the Controlled Substance Act.”
“We are committed to working with our law enforcement partners and will use our financial expertise to dismantle criminal organizations that victimize the American public. These two individuals made enormous profits and acquired significant assets as a result of their criminal activity. Yesterday’s sentences demonstrate the high price they will pay for engaging in such criminal activity,” stated Special Agent in Charge James D. Robnett, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
The trial evidence established that Raymond and Requena conspired to manufacture and distribute synthetic cannabinoids (also known as “Spice,” “Spike,” “K2,” or “synthetic marijuana”) throughout the country, including to multiple “head shops” in the Northern District of New York. Documents found at the defendants’ warehouses in Los Angeles and in their computers showed that they understood their synthetic substances were controlled by federal drug laws. The defendants took significant steps to evade detection by law enforcement, setting up shell companies and using Post Office boxes to divert attention from the warehouse where they manufactured their product. Additionally, the defendants transferred their company (Real Feel Products, Inc.) and all of its bank accounts from Andrew Raymond’s name to Brian Requena’s after DEA and other law enforcement agencies executed a search warrant on their warehouse in February 2014.
At the height of their drug trafficking conspiracy, Raymond and Requena were each making approximately $100,000 per week in profit, and they had a large team of employees who manufactured, shipped, and sold their products. The evidence at trial also showed that the defendants conspired to commit money laundering by wiring millions of dollars to China to purchase the powder form of the synthetic cannabinoid that they used in their finished product.
This case was investigated by the United States Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation (IRS-CI), Homeland Security Investigations (HSI), and U.S. Immigration and Customs Enforcement (ICE), and was prosecuted by Assistant U.S. Attorneys Carla Freedman and Michael F. Perry.
Guatemalan Man Pleads Guilty to Unlawfully Re-entering the United States Following Previous RemovalRead the Press Release
SYRACUSE, NEW YORK - Marcial De Leon-Aguilar, age 31, and a citizen of Guatemala, pled guilty today to unlawfully re-entering the United States after previously having been removed, announced United States Attorney Grant C. Jaquith and Thomas Feeley, Field Office Director, U.S. Immigration and Customs Enforcement (ICE), Buffalo, New York.
As part of his guilty plea today, De Leon-Aguilar admitted that he was previously convicted of a felony offense and had been deported three times prior to the current charge.
Sentencing is scheduled for July 31, 2018. At sentencing, Marcial De Leon-Aguilar faces a maximum sentence of 10 years in prison, a fine of up to $250,000, and removal or deportation from the United States.[1] A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the United States Department of Homeland Security, Immigration and Customs Enforcement (ICE).
[1] Deportation and removal proceedings are separate civil matters litigated in Immigration Court and are not adjudicated as part of a criminal prosecution.
Capital Region Anti-Gang Project Reaches More than 1,500 Fifth-GradersRead the Press Release
ALBANY, NEW YORK – United States Attorney Grant C. Jaquith concluded the 2018 LEADership Project today at a news conference at the Mont Pleasant Middle School in Schenectady. Joining him were 14 fifth-grade students who completed the project this year, and many leaders and representatives of the participating federal, state, and local law enforcement agencies.
The LEADership Project, an anti-gang training for fifth-grade students, reached classrooms this year in the Albany, Schenectady, Troy and Lansingburgh School Districts. The project began with just the Albany School District in 2011 and has grown since then. Volunteer instructors spend four sessions in each classroom, and this year taught more than 1,500 students.
United States Attorney Grant C. Jaquith stated: “The LEADership Project is about investing in our children, and thus in the future of our community. The acronym is for Legal Education and Decision-making and the Project involves working with 5th graders to help them stay out of gangs and away from crime, focus on what they can become, and make positive decisions to get there. We want these students to excel, and to view law enforcement as a friend and supporter in their quest for success. We have been able to reach so many students thanks to our partnership with federal, state, and local law enforcement agencies whose officers have generously donated their time. This opportunity to encourage students to soar is very rewarding, and we hope this Project leads to long-lasting benefits for them and our community.”
Schenectady Schools Superintendent Laurence T. Spring stated: “We are proud to be part of the LEADership Project and appreciate the hard work of all of the agencies and the U.S. Attorney in order to help our students recognize and learn how to handle difficult situations and make good decisions. The ability for our kids to interact and relate with law enforcement officers is important toward building trust and sends such a powerful message. Our kids are engaged and are listening. They are becoming more aware of how the many decisions and choices that they make today can shape their futures.”
Albany School Superintendent Kaweeda G. Adams stated: “The LEADership Project is an excellent example of the type of community partnership that is so important to helping our students learn to make good decisions and build strong relationships. Our students are building visions of themselves as adults, and this program is supporting them in taking positive first steps down those pathways to successful futures.”
Troy Schools Superintendent John Carmello stated: “For the past four years, fifth-grade students in the Troy City School District have had the opportunity to participate in the U.S. Attorney’s LEADership Project. We are extremely grateful to the U.S. Attorney’s Office and all of our partners for this fantastic program. Through this project, our students have been able to build lasting positive relationships with various members of the criminal justice system, learn critical lessons in making good decisions, and pave a pathway to success for themselves, in school and in life. The LEADership Project is an integral part of the Troy City School District’s mission to educate students who become upstanding citizens in our community.”
To meet the challenge of getting volunteer law enforcement instructors for the 76 fifth-grade classrooms in the four school districts, United States Attorney Jaquith reached out to, and received a terrific response from, the following law enforcement agencies:
Federal Agencies
U.S. Attorney’s Office
U.S. Marshals Service
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Transportation Security Administration
U.S. Probation and Pretrial Services
U.S. Dept. of Health & Human Services, Office of the Inspector General
Social Security Administration, Office of the Inspector General
U.S. Postal Service, Office of the Inspector General
U.S. Postal Inspection Service
U.S. Customs & Border Protection
State Agencies
New York State Police
New York State Attorney General’s Office
Local Agencies
Albany Police Department
Schenectady Police Department
University at Albany Police Department
Schenectady County District Attorney’s Office
Rensselaer County District Attorney’s Office
Albany County Sheriff’s Office
Rensselaer County Sheriff’s Office
Schenectady County Probation Department
Rensselaer County Probation Department
Through role-playing skits centered on two fifth-grade characters who are encouraged by an older gang member to make some bad decisions, classroom discussions revolve around making good life decisions, focusing on the future, acknowledging positive personal traits, and becoming the best that students can be. The sessions introduce the students to the concepts of responsibility and accountability through learning about Victim Impact Panels and Community Accountability Boards.
In past student questionnaires from the project, 84% of fifth graders stated it was very important to them to have help to stay away from gangs. These sessions help students learn how to do that. While 98% said they were not in a gang, 73% indicated they had friends who were in gangs. When asked who can help them stay away from gangs, students notably listed their parents, teachers, police officers, and their LEADership instructors.
Amsterdam Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Kevin Safford, age 33, of Amsterdam, New York, pled guilty today to possessing child pornography and to accessing a child pornography web site available only through an anonymous Internet network.
The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his plea, Safford admitted that in 2015, he accessed Playpen, an online forum through which registered users advertised, viewed, and distributed child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted.
Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual internet protocol address, geographic location, or other identifying information. Safford admitted that he logged into Playpen in order to access its child pornography content. He also admitted to possessing child pornography on an external hard drive.
Safford faces up to 10 years in prison when he is sentenced by United States District Judge Mae A. D’Agostino on October 23, 2018. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
California Man Sentenced to 87 Months for Conspiring to Distribute OpioidsRead the Press Release
ALBANY, NEW YORK – Charles Rainer Sinek, age 53, of Oakland, California, was sentenced today to 87 months in prison, to be followed by a 3-year term of supervised release, for conspiring to distribute opioid pills.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
Sinek was convicted in September 2016, after a 3-day trial. At trial, the evidence demonstrated that from 2011 to September 2012, Sinek used his father-in-law’s prescription pad to write prescriptions for Schedule II controlled substances, including oxycodone, oxymorphone, and hydromorphone. He filled these prescriptions at different pharmacies using variations of his own name and at least one other pseudonym. He then shipped the drugs cross-country to his co-conspirator in Saranac, New York, where the drugs were sold.
Senior United States District Judge Gary L. Sharpe also ordered Sinek to forfeit $164,025 as proceeds of the crime.
This case was investigated by the DEA and the Plattsburgh Police Department, and was prosecuted by Assistant United States Attorney Elizabeth R. Rabe.
Ballston Spa Man Sentenced to 71 Months for Money Laundering, Marijuana TraffickingRead the Press Release
ALBANY, NEW YORK – Ryan Mershon, age 40, of Ballston Spa, New York, was sentenced today to 71 months in prison, to be followed by a 3-year term of supervised release, for conspiracy to commit money laundering and distribute marijuana.
The announcement was made by United States Attorney Grant C. Jaquith; Warren County Sheriff Nathan H. “Bud” York; Acting Inspector in Charge Delany De Leon-Colon, United States Postal Inspection Service (USPIS), Boston Division; and Special Agent in Charge Kevin M. Kelly of Homeland Security Investigations (HSI), Buffalo Field Office.
Between October 2013 and February 2016, Mershon obtained marijuana from co-conspirators in California and shipped that marijuana to Northern New York in bucket containers. The marijuana was sold throughout Northern New York. Mershon arranged for his co-conspirators to deposit the proceeds from the sale of the marijuana in bank accounts in his name as well as the names of his immediate family and girlfriend. The amount of proceeds deposited totaled more than $117,000.
United States District Judge Mae A. D’Agostino also ordered Mershon to forfeit $117,000 as proceeds of the crime.
After pleading guilty on September 5, 2017, Mershon absconded from Court supervision and left New York, becoming a fugitive. The U.S. Marshals Service tracked down Mershon and arrested him in California.
This case was investigated by the Warren County Sheriff’s Office, the U.S. Postal Inspection Service, and HSI, and was prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
Utica Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Jeffrey Rivera, age 34, of Utica, New York, pled guilty today to conspiring to possess with intent to distribute and to distribute more than five (5) kilograms of cocaine. The announcement was made by the United States Attorney Grant C. Jaquith; Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division; and New York State Police Superintendent George P. Beach, II. The jury trial on the charge to which Rivera pled guilty was scheduled to begin today before Chief United States District Judge Glenn T. Suddaby.
As part of his guilty plea, Rivera admitted that he agreed with others, including the co-defendants charged in his case, to participate in a drug trafficking organization that distributed cocaine. The defendant also admitted that he obtained quantities of cocaine from co-conspirators within the organization and distributed, or arranged to distribute, cocaine to others.
Chief Judge Suddaby will sentence Rivera on October 25, 2018, at which time the defendant faces up to life in prison, a mandatory minimum term of imprisonment of ten (10) years, a fine of up to $10 million, and a term of post-imprisonment supervised release of at least five (5) years and up to life. Rivera’s sentence will be imposed by Chief Judge Suddaby 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 United States Drug Enforcement Administration (DEA), the New York State Police-Community Narcotics Enforcement Team, the Oneida County Sheriff’s Department, the City of Rome Police Department, the City of Utica Police Department, and the Village of Yorkville Police Department, and is being prosecuted by Assistant U.S. Attorneys Robert Levine and Katherine King.
Fulton Woman Sentenced to 30 Years for Child Pornography ProductionRead the Press Release
SYRACUSE, NEW YORK – Tammy Lamere, age 47, of Fulton, New York, was sentenced today to serve 30 years in prison for conspiracy to sexually exploit and sexual exploitation of a child, announced United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Division of Homeland Security Investigations (HSI).
The sentencing follows Lamere’s earlier plea of guilty in which she admitted to conspiring with Cilf Seaway to sexually abuse a child from 2010-2013, when the child was between the ages of 5 and 9 years old. Lamere admitted that the abuse was photographed on at least 11 occasions, in which approximately 225 images and videos were produced.
Senior United States District Judge Norman A. Mordue sentenced Lamere to 30 years on each of her two counts of conviction, to run concurrently to one another. Following her sentence, Lamere will be on supervised release for 15 years, and will be required to register as a sex offender.
Co-defendant Clif Seaway was sentenced to serve 360 years in prison in connection with his convictions for two counts of Conspiracy to Sexually Exploit Children and ten counts of Sexual Exploitation of a Child, following a four-day jury trial in December 2017. In a related case, Tammy Martin of Carthage, New York, was sentenced to serve 90 years in prison for her conviction by guilty plea on three counts of sexual exploitation of a child that involved three different children.
Lamere’s case was investigated by the New York State Police, and the United States Department of Homeland Security, Homeland Security Investigations (HSI). The case was prosecuted by Assistant U.S. Attorneys Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Carina Schoenberger.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Brazilian Citizen Admits Transportation of Illegal AliensRead the Press Release
ALBANY, NEW YORK – Rosalvo Caetano, age 46, and a citizen of Brazil, pled guilty today to transporting two illegal aliens within the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Caetano admitted that on May 12, 2018, he drove from Worcester, Massachusetts, to Fort Covington, New York, where he picked up two illegal aliens who had secretly crossed the border from Canada. Border Patrol Agents arrested Caetano and his passengers in Malone, New York. Caetano, himself an illegal alien, was living in Worcester. Following his term of imprisonment, he will be processed by the Department of Homeland Security, for removal proceedings.
Caetano faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Gary L. Sharpe on October 16, 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 passengers arrested with Caetano were prosecuted for the misdemeanor offense of entry without inspection. Gabriel Felipe Dias Prado, age 19, and a citizen of Brazil, was convicted of entry without inspection and sentenced to 20 days in jail. Ilcione Bazoni, also known as Carlos Cousa, age 62, and a citizen of Brazil, was convicted of entry without inspection and sentenced to 45 days in jail.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Wynantskill Woman Sentenced for Misusing Names of Government AgenciesRead the Press Release
ALBANY, NEW YORK – Kristina Gross, age 37, of Wynantskill, New York, was sentenced today to pay a $5,000 fine for misusing the names of the Department of the Treasury and the Internal Revenue Service (IRS), a misdemeanor offense.
The announcement was made by United States Attorney Grant C. Jaquith and William A. Kalb, Special Agent in Charge of the Northeastern Field Division of the Office of the Treasury Inspector General for Tax Administration (TIGTA).
As part of her guilty plea on January 18, 2018, Gross admitted that she worked for a construction services company in Rensselaer County, whose Kinderhook Bank account had been levied by the IRS on February 14, 2017. On February 23, 2017, Gross twice emailed Kinderhook Bank what she claimed was an IRS release of levy form, in an unsuccessful attempt to induce the bank to provide her company with access to funds that the bank had frozen as a result of receiving the IRS levy.
Gross admitted that the document she sent to Kinderhook Bank on February 23 was forged, inaccurate and not approved or authorized by the Department of the Treasury or the IRS. She also admitted to knowing that the document would create the false impression at Kinderhook Bank that the IRS had actually issued the document when, in fact, the IRS had not.
This case was investigated by TIGTA and prosecuted by Assistant U.S. Attorney Michael Barnett.