Northern District of New York
Press releases recorded for this federal judicial district.
Former Corrections Officer Sentenced for Attempting to Distribute MarijuanaRead the Press Release
ALBANY, NEW YORK – Brad Rushford, age 35, of Ellenburg Depot, New York, was sentenced today to one year and one day in prison for his role in attempting to distribute 120 pounds of marijuana, announced United States Attorney Grant C. Jaquith.
As part of his guilty plea, Rushford admitted to coordinating the delivery of a 120-pound load of marijuana in March 2011. Rushford provided a driver and scout cellphones to use in delivering the marijuana, but the marijuana was intercepted by law enforcement in Malone, New York. At the time, Rushford worked as a Corrections Officer with the New York State Department of Corrections and Community Supervision.
United States District Judge David N. Hurd also sentenced Rushford to a 4-year term of supervised release and to pay a $6,000 fine.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations; Federal Bureau of Investigation; U.S. Customs and Border Protection; U.S. Coast Guard Investigative Service; New York State Department of Corrections and Community Supervision, Office of Special Investigations; New York State Police; and the St. Regis Mohawk Tribal Police. This case was prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Albany Attorney Charged with Defrauding Clients, Law FirmRead the Press Release
ALBANY, NEW YORK – Albert Hessberg III, age 63, of Slingerlands, New York, appeared today in federal court on charges that he defrauded and stole money from his clients and former law firm.
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.
A criminal complaint charges Hessberg with wire fraud and mail fraud. Hessberg worked for 37 years in the Albany office of the law firm now known as Barclay Damon LLP, practicing in the area of trusts and estates. According to the complaint, in March 2018, the law firm terminated Hessberg for cause.
Hessberg is accused of stealing and concealing the theft of at least $328,000 entrusted to him by clients, as well as diverting to himself payments for legal services that should have been made to Barclay Damon. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Hessberg appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him released with conditions, pending further proceedings.
If convicted, Hessberg faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and being prosecuted by Assistant U.S. Attorney Michael Barnett.
Romanian Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Ioan Rostas, a/k/a Ioan Angel, age 29, and a citizen of Romania, was sentenced today to time served (86 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.
As part of his guilty plea, Rostas admitted that he was removed from the United States to Romania on September 28, 2017. On March 17, 2018, Border Patrol Agents arrested Rostas near Chateaugay, New York. Rostas was in a group of four people who had entered the United States without inspection from Canada shortly before Border Patrol Agents encountered them in the woods near Chateaugay.
Following sentencing, Rostas was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by the Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Queensbury Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Chad Knowlton, age 24, of Queensbury, New York, pled guilty today to distributing, receiving and possessing 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, Knowlton admitted to using a custom-built desktop computer equipped with peer-to-peer file-sharing software to download and distribute child pornography. Knowlton also admitted to using a smartphone to download additional child pornography. Overall, Knowlton downloaded and retained more than 1,000 videos and images depicting child pornography.
Sentencing is scheduled for October 9, 2018 before Senior United States Judge Thomas J. McAvoy. Knowlton, who is detained pending sentencing, faces a minimum 5 years and up to 20 years in prison, a maximum $250,000 fine, 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. Knowlton will also be required to register as a sex offender upon his release from prison.
Knowlton is also facing state charges alleging the sexual abuse of children in Warren County. He is innocent unless and until proven guilty of those charges.
This case was investigated by the FBI and the New York State Police, and 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
Albany Man Sentenced to 210 Months for Producing Child PornographyRead the Press Release
ALBANY, NEW YORK – Brennan McNeil, age 26, of Albany, was sentenced today to 210 months in prison for sexually exploiting a child for the purpose of producing 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.
As part of his guilty plea on March 5, McNeil admitted that, in early 2017, he produced a video of a 10-year-old child being subjected to sexually explicit conduct. McNeil produced the video in North Carolina, where he lived at the time, and saved it on a thumb drive that he brought with him when he moved, in May 2017, from North Carolina to New York
Senior United States District Judge Thomas J. McAvoy also sentenced McNeil to a life term of post-imprisonment supervised release. McNeil must also register as a sex offender upon his release from prison.
This case was investigated by the FBI, the Colonie Police Department, and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and Katherine Kopita.
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/.
Albany Attorney Admits to Stealing from Elderly Clients in $11.8 Million Estate FraudRead the Press Release
ALBANY, NEW YORK – Richard J. Sherwood, age 58, of Guilderland, New York, pled guilty today to money laundering and tax crimes, and admitted his role in stealing approximately $11.8 million from estates for which he served as an attorney and fiduciary.
The announcement was made by United States Attorney Grant C. Jaquith; New York Attorney General Barbara D. Underwood; Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and James D. Robnett, Special Agent in Charge of the New York Field Office of IRS-Criminal Investigation.
Sherwood also pled guilty today, in Albany County Court, to grand larceny in the second degree, in a case brought by the New York Attorney General’s Office.
United States Attorney Grant C. Jaquith stated: “Richard Sherwood betrayed his clients and his profession when he stole $11.8 million from their estates. His elderly clients, including one who suffered from dementia, planned to continue their philanthropy after their deaths by using their estates to support churches, charities, and civil organizations. Instead of carrying out their wishes, as he was required to do by both legal and ethical obligations, Sherwood used his legal skills to divert and steal their money. Any lawyer preying on elders should take notice that criminal conduct by attorneys will be aggressively investigated and prosecuted to the fullest extent of the law.”
New York Attorney General Barbara D. Underwood said: “New Yorkers should be able to trust that their financial advisors will make sound decisions – not scheme to line their own pockets. We will continue to hold accountable those that try to game the system and violate the public trust.”
Sherwood, an attorney since 1988, practiced primarily in the area of trusts and estates. Starting in about 2006, he provided estate planning and related legal services to Capital Region philanthropists Warren and Pauline Bruggeman, and to Pauline’s sister, Anne Urban, all of Niskayuna, New York. Sherwood was advising the Bruggemans when, in 2006, they signed wills directing that all their assets go to charities, churches and civic organizations, aside from bequests to Anne Urban and Julia Rentz, Pauline’s other sister.
Warren Bruggeman died in April 2009, and Pauline died in August 2011. At the time of her death, Pauline had personal and trust assets valued at approximately $20 million.
In pleading guilty, Sherwood admitted that after Pauline Bruggeman’s death, he and another person conspired to steal millions of dollars from her estate as well as from Anne Urban, who died in 2013. Their conspiracy came to include the diversion and transfer to themselves of several million dollars belonging to Julia Rentz, a resident of Ohio, who was suffering from dementia at the time of the thefts and died in 2013.
FBI Acting Special Agent in Charge Janelle M. Miller stated: “Richard Sherwood abused his position and defrauded clients who trusted him with their life savings. This is a case about greed and abuse of trust. The FBI will continue to work with our partners to ensure this kind of malicious behavior is investigated and prosecuted. Mr. Sherwood will now face serious consequences for his fraudulent actions.”
IRS-CI Special Agent in Charge James D. Robnett stated: “Richard Sherwood was entrusted to ensure the financial security of these innocent victims but instead chose to utilize his profession to unjustly enrich himself. Attorneys who abuse their fiduciary responsibilities and commit their own financial crimes must be held responsible.”
Sherwood admitted that he and a co-conspirator stole $11,831,563, and that nearly $3.6 million was transferred outright to him, with an additional $1.96 million transferred to an entity, Empire Capital Trust, LLC, that he and the conspirator controlled. Sherwood also admitted that he transferred to himself the Bruggeman family camp located on Galway Lake in Galway, New York.
Sherwood’s co-conspirator is presumed innocent unless and until proven guilty.
Sherwood admitted that he and the co-conspirator induced Anne Urban to create a trust whose purpose, unknown to her, was to allow him and the co-conspirator to transfer Bruggeman/Urban assets to themselves. Sherwood and his co-conspirator also set up more than 10 bank accounts, and created a limited liability company (Empire Capital Trust, LLC), to first conceal the theft of the money and then transfer the money to themselves.
Sherwood also pled guilty to filing false federal tax returns in 2013 and 2015. These returns were false because he did not report, as other income, about $4.7 million that he received from the fraudulent scheme.
Sherwood faces up to 20 years in prison, a maximum fine of $250,000, and up to 3 years of post-imprisonment supervised release when he is sentenced by Senior United States District Judge Lawrence E. Kahn. 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.
Sherwood has agreed to forfeit $3,742,211.65 that the United States Attorney’s Office and FBI have already seized from him, as well as the residence on Galway Lake that had previously belonged to the Bruggemans.
Sherwood served as Guilderland Town Justice from 2014 until his arrest, on state charges, on February 23, 2018. He resigned his position on March 5.
The federal case is being investigated by the FBI and IRS-CI, and is being prosecuted by Assistant U.S. Attorney Michael Barnett. Assistant U.S. Attorney Tamara B. Thompson is prosecuting the forfeiture aspects of this case.
The state case is being prosecuted by Assistant Attorneys General Christopher Baynes and Matthew Peluso of the Attorney General’s Public Integrity Bureau, under the supervision of Bureau Chief Daniel G. Cort and Deputy Bureau Chief Stacy Aronowitz. The Criminal Justice Division is led by Executive Deputy Attorney General Margaret Garnett.
The investigation was led by Investigator Mark Spencer of the Attorney General’s Investigations Bureau, under the supervision of Deputy Chief Investigator Antoine Karam. The Investigations Bureau is led by Chief Dominick Zarrella. Meaghan Scovello, Associate Forensic Auditor, provided the financial analysis. The Forensic Audit Section is supervised by Edward Keegan. Senior Analyst Sara Pogorzelski assisted in the investigation.
Jefferson County Man Sentenced to 57 Months on Drug ChargesRead the Press Release
SYRACUSE, NEW YORK – Andrew Rowley, age 28, of Watertown, New York, was sentenced yesterday to serve 57 months in prison for possessing with intent to distribute cocaine and 3,4 Methylenedioxymethamphetamine (MDMA), also referred to as “ecstasy,” announced United States Attorney Grant C. Jaquith and New York State Police Superintendent George P. Beach II. After his imprisonment, Rowley will serve a 3-year term of supervised release. Rowley also agreed to forfeit a total of $100,685 in drug proceeds and two vehicles.
In pleading guilty Rowley admitted that on May 4, 2017, he possessed with intent to distribute approximately 616 grams of cocaine, and approximately 1,506 grams of MDMA, which were seized during the execution of a search warrant his residence.
This case was investigated by the New York State Police, the Metro-Jefferson Drug Task Force (Watertown, NY), and the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), and was prosecuted by Assistant U.S. Attorney Carl Eurenius.
Carthage Woman Sentenced to 90 Years for Child Pornography ProductionRead the Press Release
SYRACUSE, NEW YORK – Tammy M. Martin, age 48, of Carthage, New York, was sentenced today to serve 90 years in prison for her conviction on three counts of sexual exploitation of a child, 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).
The sentencing today follows Martin’s earlier plea of guilty during which she admitted that on at least 4 separate occasions in 2002, she and co-defendant Clif Seaway engaged the first of the 3 victims in sexually explicit conduct for the purpose of producing visual depictions. This criminal conduct resulted in the production of at least 30 separate files depicting the child engaged in sexually explicit conduct. Martin further admitted to the abuse of a second victim on at least 14 separate occasions from 2001 through 2007, producing at least 104 separate files depicting that abuse. Finally, Martin admitted that on at least 26 occasions from 2004 through 2008, she and Seaway engaged the third of their victims in sexually explicit conduct, producing at least 211 separate files of that abuse.
Martin was sentenced to serve the maximum sentence allowable under federal law, consisting of 30 years of imprisonment on each count of conviction to be served consecutively to one another. If Martin is ever released from prison, she is sentenced to a term of supervised release for life, and required to register as a sex offender.
“Over a seven year period, Tammy Martin and Clif Seaway sexually exploited three children, and the 90-year sentence imposed reflects the depravity and gravity of those crimes,” said United States Attorney Grant C. Jaquith. “Our commitment to prosecutions to protect children and secure just punishment for their predators is unwavering, and we continue to seek sentences which ensure that those predators will never harm another child.”
"Today's sentence clearly demonstrates the serious nature with which the law enforcement community views crimes committed against children," said Kevin Kelly, Special Agent in charge of HSI Buffalo. "HSI and our partners will continue to be relentless in the aggressive pursuit of these cases, and the significant prison term handed down is an appropriate one and should serve as a stark warning about the consequences awaiting those involved in these acts."
For his part in the abuse of these and other children, Clif Seaway was sentenced on May 3, 2018 to serve 360 years in prison.
Martin’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.
Troy Woman Sentenced to 12 Months for Distributing HeroinRead the Press Release
ALBANY, NEW YORK – Angelina L. Cedeno, age 35, of Troy, New York, was sentenced today to 12 months in prison, to be followed by 3 years of supervised release, for distributing heroin in Albany County.
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 on February 6, Cedeno admitted to distributing heroin in the Town of Bethlehem, Albany County, in August 2016.
This case was investigated by the FBI and New York State Police, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Oswego County Man Sentenced for Methamphetamine-Related ChargeRead the Press Release
SYRACUSE, NEW YORK -- Arthur LaDuke, age 46, of Minoa, New York, and formerly of Oswego County, was sentenced today to serve one year and one day in prison for possessing pseudoephedrine, knowing it would be used to manufacture methamphetamine, announced United States Attorney Grant C. Jaquith, United States 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. LaDuke was also ordered to serve three years of supervised release after he is released from prison.
As part of his guilty plea, LaDuke admitted that on approximately 21 occasions between October 2015 and January 2017, he purchased pseudoephedrine pills from different drug stores in and around Oswego County, New York, with an aggregate weight of approximately 50 grams. LaDuke further admitted that he purchased the approximately 50 grams of pseudoephedrine knowing it was intended to be used in the manufacture of methamphetamine. Arthur LaDuke manufactured methamphetamine with the pills he himself purchased, as well as utilizing additional pills provided to him by others, for which he provided finished methamphetamine.
This case was investigated by the New York State Police (NYSP), the New York State Intelligence Center (NYSIC), and the U.S. Drug Enforcement Agency DEA), and was prosecuted by Assistant U.S. Attorney Carl Eurenius
Jury Convicts Former Sheriff’s Deputy of Child Pornography PossessionRead the Press Release
SYRACUSE, NEW YORK – A jury today voted to convict Peter W. Farnum, age 41, of Clifton Park, New York, of possessing child pornography, following a 2-week trial.
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).
The evidence at trial established that Farnum, a former sergeant with the Saratoga County Sheriff’s Office, possessed more than 1,000 image and video files on his family computer that contained child pornography. These included, among many others, image files that Farnum imported through the computer’s RealPlayer application while he conducted online research related to his position with the Sheriff’s Office and while his wife was in the hospital.
Following the verdict, Senior United States District Judge Norman A. Mordue remanded Farnum to custody pending sentencing on a date to be determined. Farnum faces up to 10 years in prison, a maximum fine of $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. Farnum will also have to register as a sex offender.
This case was investigated by the FBI, with assistance from the Saratoga County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
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.
Attorney General Sessions Announces 311 New Federal Prosecutor PositionsRead the Press Release
ALBANY, NEW YORK – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and United States Attorney Grant Jaquith announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSAs will support the newly created Prescription Interdiction & Litigation Task Force, which targets the opioid crisis at every level of the distribution system.
“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis – and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is ‘the coin of the realm.’ When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”
In the Northern District of New York, three new AUSAs will be hired: one new AUSA will focus on violent crime, one will focus on civil enforcement, and one will focus on prosecuting immigration crimes.
United States Attorney Grant Jaquith said: “We are grateful to Attorney General Sessions for allocating three additional Assistant United States Attorneys to the Northern District of New York. These reinforcements will enhance our vigorous efforts to curtail violent crime, combat the opioids epidemic, and enforce criminal immigration laws throughout our large district, including our 310-mile border with Canada.”
Latham Man Sentenced for Possessing a Short-Barreled RifleRead the Press Release
ALBANY, NEW YORK – Joseph T. Clemente, Jr., age 34, of Latham, New York, was sentenced today to time served (6 days in jail) and 3 years of supervised release for illegally possessing a short-barreled rifle.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
As part of his January 31, 2018 guilty plea, Clemente admitted that he intentionally removed the upper receiver of a rifle that he had purchased at a gun store, and replaced it with an upper receiver he purchased on the Internet, which he knew included a 9-inch barrel. The resulting firearm he illegally possessed was a rifle with a barrel of less than 16 inches, also known as a short-barreled rifle.
This case was investigated by ATF and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Jury Convicts Two Men of North Country Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK - A jury on Friday voted to convict Gary Dickens, age 29, of Brasher Falls, New York, and Richard Cruz, age 36, of the Bronx, New York, of conspiracy to traffic cocaine base (crack cocaine) in the Massena, New York, area.
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.
The evidence presented at the 5-day trial demonstrated that between January 2017 and September 4, 2017, Cruz supplied Dickens with crack cocaine on a regular basis. Dickens picked up the crack cocaine himself and transported it to Massena or employed couriers, including Andre Murray and Emely Rosario, to transport the cocaine to Massena. Dickens then distributed the drugs throughout the greater Massena area. Carri Poliski and Tammy Phillips drove Dickens around the Massena area to help him distribute the drugs. Dickens also directed the wiring of money via Western Union to Cruz in order to purchase more crack cocaine.
The jury found Dickens not guilty of being a felon in possession of a firearm.
The following people have pled guilty or been convicted at trial of conspiracy to possess with the intent to distribute and to distribute cocaine base, before United States District Judge Mae A. D’Agostino:
Name
Age
Residence
Charge
Sentencing Date
Gary Dickens
29
Brasher Falls, NY
Cocaine base conspiracy > 28 grams
10/5/2018
Richard Cruz
36
Bronx, NY
Cocaine base conspiracy > 28 grams
10/5/2018
Andre Murray
19
Bronx, NY
Cocaine base conspiracy
8/7/2018
Emely Rosario
30
Bronx, NY
Cocaine base conspiracy
7/12/2018
Tammy Phillips
48
Norwood, NY
Cocaine base conspiracy
7/12/2018
Carri Poliski
46
Norwood, NY
Cocaine base conspiracy
6/28/2018
Dickens faces at least 5 years and up to 40 years in prison, a fine of up to $5 million, and a term of post-imprisonment supervised release of at least 5 years and up to life. Cruz faces at least 10 years and up to life in prison, a fine of up to $8 million, and a supervised release term of at least 8 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is the result of the close cooperative efforts of HSI, led by the Massena Resident Office, in conjunction with U.S. Customs and Border Protection, Border Patrol, New York State Police, St. Lawrence County Sheriff’s Office, Massena Police Department, Potsdam Police Department, and Ogdensburg Police Department. The case is being prosecuted by Assistant U.S. Attorneys Elizabeth Rabe and Katherine Kopita.
Syracuse Man Sentenced to 87 Months on Gun and Drug OffensesRead the Press Release
SYRACUSE, NEW YORK – Calvin Weaver, age 27, of Syracuse, was sentenced yesterday to serve 87 months in prison, as well as a 3-year term of supervised release, in connection with his convictions for being a felon in possession of a firearm, possession of a firearm with an obliterated serial number, and simple possession of cocaine.
The announcement was made by United States Attorney Grant C. Jaquith; Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division; and Frank Fowler, Chief of the Syracuse Police Department.
Weaver pled guilty to all three charges following a decision by Chief U.S. District Judge Glenn T. Suddaby denying Weaver’s motion to suppress evidence found on the day of his arrest by Syracuse Police. As part of his guilty plea, Mr. Weaver admitted that on February 15, 2016, after he had been convicted of a felony, the defendant possessed a handgun with an obliterated serial number as well as a small amount of cocaine.
This case was investigated by the ATF and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Robert S. Levine.
Tax Preparer Pleads Guilty to Identity Theft, False ClaimsRead the Press Release
ALBANY, NEW YORK – Bryant C. Hardnett, age 45, of Cohoes, New York, pled guilty yesterday to stealing the personally identifying information of children and using it to falsely claim the children as his own dependents on his tax returns.
The announcement was made by United States Attorney Grant C. Jaquith and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.
As part of his plea, Hardnett admitted that he formerly operated a tax preparation business, BH Tax Services, from a storefront in downtown Troy, New York. Through that business, Hardnett met a woman who asked him to file a tax return in her name for the year 2013. She provided her two children’s personally identifying information, including their names and Social Security Numbers. Hardnett never filed a tax return in the woman’s name, and instead falsely claimed the two children as his nephews and dependents on his tax returns filed with the IRS in 2013, 2014 and 2015.
Hardnett faces at least 2 years and up to 15 years in prison, as well as up to 3 years of post-imprisonment supervised release, when he is sentenced on September 19, 2018 by United States District Judge David N. Hurd in Utica, New York. 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. Hardnett has also agreed to pay at least $25,000 in restitution to the IRS, and to be permanently enjoined from ever filing a tax return for anyone other than himself.
As part of the same investigation, Guy Rochelle, age 59, of Troy, pled guilty to filing false tax returns for the tax years 2011 through 2014. Hardnett prepared these returns, in which Rochelle falsely claimed two children as his nieces and dependents; Hardnett supplied the children’s personally identifying information and filed the returns. Rochelle faces up to 3 years in prison when he is sentenced on September 10, 2018 by Senior United States District Judge Thomas J. McAvoy.
These cases were investigated by the New York Field Office of IRS-Criminal Investigation, and are being prosecuted by Assistant U.S. Attorneys Michael Barnett and Alicia G. Suarez.
Quebec Man Sentenced to 120 Months for Marijuana SmugglingRead the Press Release
ALBANY, NEW YORK – Mathieu Forget, age 32, of St-Anicet, Quebec, Canada, was sentenced yesterday to 120 months in prison for conspiring to distribute marijuana.
The announcement was made by United States Attorney Grant C. Jaquith and Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division.
Following his extradition from Canada, Forget admitted that he and his co-conspirators smuggled thousands of pounds of marijuana into the United States from Canada through the Akwesasne Mohawk Indian Reservation. The marijuana was distributed throughout the northeastern United States. Forget admitted to transporting hundreds of pounds of marijuana across the St. Lawrence River in a boat at least 20 times, and on 30 other occasions, helping transport hundreds of pounds of marijuana smuggled in vehicles to locations in New York and New England.
Chief United States District Judge Glenn T. Suddaby also imposed a 5-year term of supervised release following Forget’s term of imprisonment. Forget’s co-defendant, Allan Peters, was sentenced on February 12, 2015 to 144 months in prison for his role in the conspiracy. A third defendant, Colin Stewart, pled guilty and is awaiting sentencing on August 8, 2018.
This case was the result of a joint investigation by the DEA, Homeland Security Investigations (HSI), the United States Border Patrol, U.S. Customs and Border Protection Air and Marine Operations, the New York State Police, the St. Regis Mohawk Tribal Police Department, the Akwesasne Mohawk Police Services, and the District Attorneys of Franklin and Clinton Counties.
The case is being prosecuted by Assistant U.S. Attorneys Katherine E. Kopita and Douglas G. Collyer.
Investigation Targets Medicaid Transportation Fraud in the North CountryRead the Press Release
ALBANY, NEW YORK – Thirteen people were arrested this week as part of a federal and state investigation into Medicaid fraud allegedly committed by the owners and operators of medical transportation companies based in Essex County.
The announcement was made by:
- United States Attorney Grant C. Jaquith;
- New York State Police Superintendent George P. Beach II;
- Essex County District Attorney Kristy Sprague;
- New York State Inspector General Catherine Leahy Scott; and
- Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Criminal complaints were filed against the following people:
Name
Age
Residence
Charges
Khalid M. Chadder
48
Ticonderoga,
New YorkFederal charges -- Conspiracy to commit health care fraud; offering and conspiring to pay bribes and kickbacks to Medicaid beneficiaries
State charges -- Grand larceny in the third degree; falsifying business records in the first degree; offering a false instrument for filing in the first degree
Qaiser Gondal
46
Ticonderoga,
New YorkFederal charges -- Offering and conspiring to pay bribes and kickbacks to Medicaid beneficiaries
State charges – Grand larceny in the second degree; falsifying business records in the first degree; failure to secure compensation
Anthony Armstrong
29
Port Henry,
New YorkFederal charges – Offering and conspiring to pay bribes and kickbacks to Medicaid beneficiaries
State charges – Grand larceny in the third degree; falsifying business records in the first degree; offering a false instrument for filing in the first degree
Waqas Nauman
36
Queensbury,
New YorkFederal charges -- Conspiracy to commit health care fraud
State charges -- Grand larceny in the second degree; falsifying business records in the first degree; failure to secure compensation
Khurram Gondal, aka Khurram Choudhary
37
Ticonderoga,
New YorkFederal charges -- Conspiracy to commit health care fraud
State charges – Grand larceny in the first, second and third degrees; falsifying business records in the first degree; failure to secure compensation
Sana Ulla Chadder
55
Ticonderoga, New York
State charges – Grand larceny in the first degree; falsifying business records in the first degree; failure to secure compensation
Maryam Qaiser
41
Ticonderoga, New York
State charges – Grand larceny in the second degree; falsifying business records in the first degree; failure to secure compensation
Saleem Hayat
34
Port Henry, New York
State charges – Grand larceny in the second degree; falsifying business records in the first degree; failure to secure compensation
Muhammad Jahangir
23
Queensbury, New York
State charges – Grand larceny in the second degree; failure to secure compensation (misdemeanor)
Samone Marshall
27
Ticonderoga, New York
State charges – Grand larceny in the second degree; failure to secure compensation (misdemeanor)
Chaudary Khan
54
Keesville, New York
State charges – Grand larceny in the first degree; falsifying business records in the first degree; failure to secure compensation
Tukk Simpson
48
Crown Point, New York
State charges – grand larceny in the second degree; falsifying business records in the first degree
Arshad Nazir
53
Plattsburgh,
New YorkFederal charges – Conspiracy to commit health care fraud; offering and conspiring to pay bribes and kickbacks to Medicaid beneficiaries
State charges – Grand larceny in the first degree; falsifying records in the first degree; failure to secure compensation
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
United States Attorney Grant C. Jaquith stated: “These charges allege the theft and waste of taxpayer dollars by the owners and operators of medical transportation companies. This week’s arrests should put all companies on notice that we will not tolerate the abuse of the public fisc through such schemes as false billing and kickbacks paid to beneficiaries, nor the corruption of medical transportation services on which many people legitimately rely to get to important appointments.”
Essex County District Attorney Kristy Sprague said: “Corrupt practices within the medical transportation business have been spreading for years like a cancer in our county and throughout the region. The arrests this week should make it crystal clear to any medical transport companies even thinking about breaking the law that my office and my law enforcement partners will be coming after them and will prosecute them to the fullest. These cases are the result of extraordinary teamwork by state and federal law enforcement partners and were made possible through the perseverance of the New York State Police and Inspector General Catherine Leahy Scott.”
New York State Police Superintendent George P. Beach II said: “These arrests are the culmination of a two-year long investigation into corruption involving Medicaid transportation providers, who were operating an elaborate scheme to defraud Medicaid and steal taxpayer dollars. I commend the efforts of State Police members and our federal, state and local partners for their diligence on this case. We simply will not stand for those who defraud taxpayers, and victimize customers and other legitimate providers, for their own personal gain.”
FBI Acting Special Agent in Charge Janelle M. Miller stated: “Individuals who defraud health care programs place additional burdens and costs on the health care system, which affects every American citizen. The FBI will continue to work closely with our law enforcement partners to identify any individuals who defraud the system for personal gain.”
New York State Inspector General Catherine Leahy Scott stated: “With these medical transport companies it was the New York taxpayers who were taken for a ride. For years, the Northway corridor has been plagued with corruption in the medical transport industry, and this week’s law enforcement actions send a clear message that those who abuse the Medicaid and Workers’ Compensation systems for illicit gains will be relentlessly pursued and prosecuted. I sincerely thank our state and federal law enforcement partners for their extraordinary efforts and cooperation, and particularly District Attorney Sprague for her tremendous dedication and focus on bringing these cases to fruition.”
The Medicaid program is a federal and state health care program that provides health care benefits to individuals and families who meet specified financial and other eligibility requirements, and certain other individuals who lack adequate resources to pay for medical care. In general, Medicaid can cover the cost of getting to and from a medical appointment when a beneficiary does not have other, suitable transportation.
The federal charges are being investigated by the FBI, and the New York State Police’s Special Investigations Unit and Troop B, and are being prosecuted by Assistant U.S. Attorney Michael Barnett.
The state charges are being investigated by the New York State Police’s Special Investigations Unit and Troop B, as well as the Office of the New York State Inspector General, and are being prosecuted by the Office of Essex County District Attorney Kristy Sprague.
Several additional agencies are assisting in this investigation, including the Office of the New York State Comptroller, Division of Investigations; New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); Essex County Sheriff’s Office; Homeland Security Investigations (HSI); the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and the New York State Department of Labor.
Glens Falls Felon Sentenced to 41 Months for Firearm and Ammunition PossessionRead the Press Release
ALBANY, NEW YORK – George M. Allen, age 39, of Glens Falls, New York, was sentenced today to 41 months in prison for unlawfully possessing a firearm and ammunition as a felon.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Office; and New York State Police Superintendent George P. Beach II.
As part of his plea, Allen admitted possessing a loaded Mossberg shotgun in his vehicle during a traffic stop by New York State Police on August 1, 2016 in Queensbury. Allen also had 5 shotgun shells in his pocket. Allen is prohibited from possessing the firearm and ammunition because of prior felony convictions.
Senior United States District Judge Frederick J. Scullin, Jr. also imposed a 3-year term of supervised release, to begin after Allen is released from prison.
This case was investigated by ATF and the New York State Police, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Syracuse Woman Sentenced to 51 Months for Credit Card Cloning SchemeRead the Press Release
SYRACUSE, NEW YORK – Taylor Boyd-White, age 27, of Syracuse, was sentenced yesterday to 51 months incarceration, followed by 3 years of supervised release, for charges relating to her role in a years-long credit card cloning operation, announced United States Attorney Grant C. Jaquith, Janelle M. Miller, Acting Special Agent-in-Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Chief Frank Fowler, Syracuse Police Department. Boyd-White was also ordered to forfeit $5,000.00 of illegal proceeds from the scheme.
As part of her guilty plea to conspiracy to commit wire fraud and conspiracy to commit money laundering, Boyd-White admitted her involvement in the scheme, which included the purchase of stolen credit card numbers belonging to hundreds of different victims. Many of the stolen credit card accounts were purchased from computer hackers located overseas. Boyd-White further admitted that she and her co-conspirators used the cloned credit cards to purchase thousands of dollars in merchandise and prepaid gift cards. Members of the conspiracy later used these to purchase United States Postal Service money orders, which they converted to cash. Boyd-White’s criminal conduct spanned from 2014 through 2016 and took place in Syracuse, as well as the state of Georgia.
This case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Guatemalan Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Felix Oliverio Chacaj Lucas, age 44, and a citizen of Guatemala, was sentenced today to time served (22 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Chacaj Lucas admitted that he was removed from the United States to Guatemala on May 17, 2012. On May 1, 2018, ICE Officers arrested Chacaj Lucas in Catskill, Greene County, New York.
Following his sentencing, Chacaj Lucas was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Oncologist and Office Manager Sentenced in Connection with Administering Unapproved, Foreign DrugsRead the Press Release
ALBANY, NEW YORK – Vincent Koh, M.D., age 73, and his wife and office manager Milly Koh, age 64, of Poughkeepsie, New York, were sentenced today to pay fines of $7,500 and $3,000, respectively, for receiving in interstate commerce and delivering misbranded drugs, a misdemeanor.
The announcement was made by United States Attorney Grant C. Jaquith; Jeffrey Ebersole, Special Agent in Charge of the Northeast Area Office of the Food and Drug Administration (FDA), Office of Criminal Investigations; and Scott J. Lampert, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG), New York Region.
The Kohs each pled guilty on November 20, 2017. According to their plea agreements, Vincent Koh is a New York State-licensed medical doctor specializing in the treatment of cancer patients, with offices in Poughkeepsie and Glen Falls, New York. Milly Koh managed the practice, and is responsible for ordering the drugs that Vincent Koh prescribes. From July 2010 through March 2012, the Kohs ordered various discount oncology drugs from foreign sources that Vincent Koh prescribed and administered to patients. These drugs had not been approved by the FDA for distribution or use in the United States, and their labeling did not contain information required by law. As such, these prescription drugs were “misbranded” and illegal to receive and provide to patients in the United States.
Vincent Koh and Milly Koh admitted that they regularly ordered and delivered to patients a prescription drug labeled “Mabthera.” Generally, “Mabthera” contains rituximab, the same active ingredient found in the FDA-approved drug legally used and marketed in the United States as “Rituxan.” However, the drug ordered by Vincent Koh and Milly Koh came from an unapproved, foreign source, and its label did not bear adequate directions for use and other information required by the FDA.
The criminal case was investigated by the FDA Office of Criminal Investigations and HHS-OIG, and was prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
In February 2018, the Kohs agreed to pay $500,000 for violating the False Claims Act by knowingly submitting false claims to Medicare for unapproved chemotherapy drugs. The civil 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, FDA’s Office of Chief Counsel, and FDA’s Office of Criminal Investigations. The United States was represented in the civil investigation by Assistant U.S. Attorney Adam J. Katz.
Three Plead Guilty to Stealing and Unlawfully Possessing FirearmsRead the Press Release
ALBANY, NEW YORK – Omar DeJesus, age 31, of Amsterdam, New York; Dalmary Morales, age 37, of Schenectady, New York; and Juan Saez, age 35, of Rochester, New York, pled guilty yesterday to their respective roles in transporting firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Morales, as part of her plea, admitted that on October 23, 2017, she drove Christian Roman and Jose Fontanez to Target Sports and later helped them inventory more than 50 stolen firearms at her apartment in Schenectady.
DeJesus, a felon, admitted as part of his plea that he allowed Roman and Fontanez to store dozens of the stolen firearms at his residence and later helped them hide some of those firearms in a remote location. DeJesus subsequently sold one of the stolen firearms to another person for $700.
Saez, a felon, admitted as part of his plea that he transported Roman, Fontanez, and numerous stolen firearms from Amsterdam to Rochester.
DeJesus and Saez each face up to 20 years in prison, a maximum $500,000 fine, and up to 3 years of post-imprisonment supervised release. Morales faces up to 10 years in prison, a maximum $500,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Roman, age 24, of Schenectady, was indicted earlier this month on charges that he stole firearms from Target Sports on October 22, 2017. According to the indictment, the stolen firearms included pistols, shotguns, and rifles. The indictment further alleges that Roman possessed, concealed, and stored the stolen firearms through November 1, 2017. The charges in the indictment are merely accusations. Roman is presumed innocent unless and until proven guilty.
Fontanez, age 36, of Schenectady, pled guilty last month to stealing the firearms and other, related charges.
This case is being investigated by the ATF and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joseph A. Giovannetti.
Kinderhook Podiatrist Sentenced for Health Care FraudRead the Press Release
ALBANY, NEW YORK – Perrin D. Edwards, D.P.M., age 65, of Kinderhook, New York, was sentenced today to 1 year of probation, 50 hours of community service, and a $5,000 fine for committing health care fraud.
The announcement was made by United States Attorney Grant C. Jaquith; Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (HHS-OIG).
As part of his guilty plea before United States District Judge Mae A. D’Agostino, Edwards admitted that he operated a podiatry practice with offices in Hudson and Albany, New York, and caused false and fraudulent claims to be submitted to Medicare and private insurance companies for podiatric medical services that he had not performed or that he knew would not be covered by insurance.
Edwards admitted that he performed routine foot care services that were not covered by insurers, and falsely represented that nail debridement services were performed for some patients. Nail debridement is the process of removing dead and diseased portions of a toenail in order to significantly reduce its thickness and length, with the aim of allowing the patient to move around without pain.
Edwards also submitted claims to insurers for the trimming of normal toenails for patients Edwards knew did not suffer from any systemic condition such that Medicare and other insurers would cover his services. In connection with these fraudulent claims, Edwards caused false information to be entered into the patients’ medical records indicating that the patients suffered from systemic conditions, and had reported symptoms that were not present.
In connection with a related False Claims Act civil settlement, Edwards has paid $410,000 to the United States and admitted that he submitted, or caused others to submit, false claims for payment to Medicare.
The criminal case was investigated by the FBI and HHS-OIG, and was prosecuted by Assistant United States Attorneys Richard Belliss and Joseph Giovannetti. The United States was represented in the civil case by Assistant United States Attorney Adam J. Katz.
Fourth Bronx Man Sentenced in Tax Refund Conspiracy CaseRead the Press Release
SYRACUSE, NEW YORK – Ronnie E. Mejia, age 28, of the Bronx, New York, was sentenced yesterday to serve 120 months in prison for leading a conspiracy that attempted to defraud the U.S. Treasury of $2.8 million through the filing of false tax returns using stolen identities.
The announcement was made by United States Attorney Grant C. Jaquith; James Robnett, Special Agent in Charge, Internal Revenue Service (IRS)-Criminal Investigation New York Field Office; and Delany E. De Leon-Colon, Acting Inspector in Charge, U.S. Postal Inspection Service, Boston Division. In addition to his prison term of 10 years, Mejia was also sentenced to a 3-year term of supervised release following his release from incarceration and was ordered to pay restitution in the amount of $478,320.00. The sentence also included his guilty plea to two counts of aggravated identity theft.
In pleading guilty, Mejia admitted that he conspired to steal income tax refunds as part of a scheme involving fraudulent tax returns filed using stolen identities from residents of Puerto Rico. The IRS mailed refund checks generated from these false returns to residential locations (chosen by Mejia and his co-conspirators) of uninvolved residents in the Syracuse and Binghamton, New York areas. Mejia and three co-defendants were stopped by Town of Dewitt Police and U.S. Postal Inspectors on September 26, 2011, as they were in the process of stealing tax refund checks from mailboxes in Dewitt, New York. Mejia was driving a car that was later found to contain 8 unmailed fraudulent federal income tax returns as well as a laptop computer that was used to create false W-2 wage statements as part of the scheme to defraud the IRS. Following the discovery of the scheme, the IRS was able to prevent payment of many of the refunds. At sentencing it was determined that Mejia led the conspiracy and paid others for collecting addresses that were later used to file false tax returns using stolen identities.
Ronnie E. Mejia’s three co-defendants were previously sentenced as follows:
On May 2, 2018, Luis Morillo was sentenced to serve 45 months in prison to be followed by a 3-year term of supervised release and restitution.
On May 8, 2018, Cerrone Hall was sentenced to serve 60 months in prison to be followed by a 3-year term of supervised release and restitution.
On May 16, 2018, Jeffrey Carvajal was sentenced to serve 36 months in prison to be followed by a 3-year term of supervised release and restitution.
This case was investigated by Internal Revenue Service-Criminal Investigation (Syracuse, New York), the U.S. Postal Inspection Service (Syracuse, New York), and the Town of Dewitt Police Department, and was prosecuted by Assistant U.S. Attorney Richard Southwick.
Fort Edward Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
ALBANY, NEW YORK – James Mattison, age 46, of Fort Edward, New York, pled guilty yesterday to sexual exploitation of a child.
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 his guilty plea, Mattison admitted that in October 2016, he exchanged more than 7,100 text messages with a 13-year-old boy whom he had met online using the Live.me phone application. Mattison claimed to be a teenage girl named Megan Mattison, and coerced the victim into taking and sending sexually explicit photographs of himself by threatening to commit suicide if the victim refused.
Mattison, who has been in custody since his arrest on September 8, 2017, is scheduled to be sentenced by Senior United States District Judge Gary L. Sharpe on September 10, 2018. He faces at least 15 years and up to 30 years in prison, 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.
The case was investigated by the FBI, with assistance from the New York State Police and Washington County Probation Department, 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/.
Albany Woman Pleads Guilty to Cocaine and Crack ConspiracyRead the Press Release
ALBANY, NEW YORK – Shenika D. Boyd, aka “Misses,” age 38, of Albany, pled guilty today to her involvement in a drug trafficking ring that operated in Schenectady and Albany.
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).
Boyd admitted that between August 1, 2016 and May, 2017, she worked with others to distribute cocaine base (a/k/a crack cocaine) and cocaine in Albany and Schenectady Counties.
The following defendants have also pled guilty in connection with the conspiracy:
Name
Age
Residence
Jose Gilberto Harris
58
Manhattan
Lashaunda Tarver, aka “Shaunda”
38
Schenectady
Bobby R. Graham
51
Albany
Marty Humphrey
65
Schenectady
Jalessa Scott
27
Schenectady
Willie C. Hayes, aka “Man”
45
Schenectady
Kimberly Petties, aka “Shorty”
49
Schenectady
Manuel Clemente
62
Manhattan
As part of this investigation, Scott also pled guilty in Schenectady County Court to criminal possession of a firearm.
The following defendants still face charges in this case:
Name
Age
Residence
Darren Clay Robinson, aka “Mountain”
54
Schenectady and Teaneck,
New JerseyYusef Boothman, aka “Rocket”
38
Schenectady
The charges against these defendants are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Additionally, Robinson; Corey White, Jr., aka “Stacks,” age 34, of Schenectady; and Kristy L. Smith, age 39, of Schenectady, are charged separately with conspiring to distribute heroin, and possession of heroin. The charges against these defendants are merely accusations. The defendants are presumed innocent unless and until proven guilty.
These cases are being investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, the U.S. Drug Enforcement Administration, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision. These cases are being prosecuted by Assistant U.S. Attorney Michael Barnett.
U.S. Attorney Letter to the Editor -- National Police Week and Peace Officers Memorial DayRead the Press Release
United States Attorney Grant C. Jaquith sent the following letter to area newspapers in commemoration of National Police Week and Peace Officers Memorial Day:
To the Editor:
This is National Police Week, as first designated by Congress for 1962 in recognition of “the contribution the police officers of America have made to our civilization through their dedicated and selfless efforts in enforcing the laws of our cities, counties, and States and of the United States, regardless of the peril or hazard to themselves.” Today is Peace Officers Memorial Day, honoring those who lost their lives in the line of duty. Sadly, the first such loss in the United States reportedly occurred in what is now the Northern District of New York in 1791, when Constable Darius Quimby was shot and killed in Albany County while attempting to arrest a man on a warrant. Since then, heroic officers murdered in the Northern District have included some whose assailants were convicted in federal court, such as Syracuse Police Detective and federal Task Force Officer Wallie Howard, Jr., killed while working undercover in a drug investigation in 1990, and New Hartford Police Officer Joseph Corr, killed in 2006 while pursuing men who had robbed a jewelry store.
The annual FBI report released last week reflected a national total of 93 officers killed in the line of duty last year, including New York State Police Trooper Joel Davis, killed in Jefferson County last July. Next year’s report will include Whitesboro Police Officer Kevin Crossley, killed in Oneida County last month while responding to a call. Each name emphasizes that one death is too many, and that point has been underscored by the Presidential Executive Order on “Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers” and Attorney General Sessions’ focus on enhancing law enforcement safety and reducing violent crime. With reverence for all those who have made the ultimate sacrifice, the United States Attorney’s Office is committed to combating crimes of violence, and the drug, gun, and gang offenses that fuel them, and preserving public and police safety.
The rule of law is the cornerstone of our republic. It is how our constitutional rights and freedoms are guaranteed, and how we resolve disputes, preserve public safety, and secure justice based on fairness and reason. Our system works because of the dedication, courage, and integrity of law enforcement officers who risk their lives to help people – all people – and confront danger so the rest of us can stay safe. Night and day, on weekends and holidays, in good weather and bad, throughout the 30,000 square miles of the Northern District, there are local, state, tribal, and federal law enforcement officers on the job protecting our families, friends, communities, and countryside.
As law enforcement at all levels collaborates to curtail violent crime, the cooperation of the public is a key component of community resilience and neighborhood safety. On this Peace Officers Memorial Day, that is a fitting tribute to our fallen heroes and an effective expression of gratitude for those who continue to protect and serve.
Grant C. Jaquith
United States Attorney
Northern District of New York
Schenectady Man Pleads Guilty to Distributing Crack CocaineRead the Press Release
ALBANY, NEW YORK – William Hale, a/k/a “Man,” age 44, of Schenectady, New York, pled guilty today to distributing crack 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 (FBI).
Hale admitted that he distributed more than 28 grams of cocaine base (a/k/a crack cocaine) on November 18, 2016.
Hale faces at least 10 years and up to life in prison, as well as a term of post-imprisonment supervised release of at least 8 years and up to life, when he is sentenced by Senior United States District Judge Gary L. Sharpe on September 10, 2018. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department. This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Dutchess County Felon Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
ALBANY, NEW YORK – Christopher Mikelinich, age 52, of Wingdale, New York, pled guilty today to illegally possessing a 12-gauge, semi-automatic shotgun during the time he resided in Columbia County, New York.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his plea, Mikelinich admitted that between November 2014 and February 2017, he possessed the shotgun while residing in Ancram, New York. The shotgun had previously been stolen from its owner’s vehicle in New Windsor, New York, in 2004, and was purchased by Mikelinich from a co-worker. Two prior felony convictions, including a federal conviction for being a felon in possession of firearms, prevented Mikelinich from lawfully possessing the shotgun.
Mikelinich has been in custody since his arrest on December 1, 2017. He faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on August 17, 2018 by Senior United States District Judge Norman A. Mordue. 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 ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
California Man Sentenced to 60 Months for Marijuana ConspiracyRead the Press Release
ALBANY, NEW YORK – Eric D. McNeil, age 40, of Murietta, California, was sentenced today to 60 months in prison for conspiring to distribute at least 200 kilograms of marijuana in Columbia County.
The announcement was made by United States Attorney Grant C. Jaquith and Acting Inspector in Charge Delany De Leon-Colon, United States Postal Inspection Service (USPIS), Boston Division.
In pleading guilty on December 20, 2017, McNeil admitted that he used the United States Postal Service to send at least 200 kilograms (or 440 pounds) of California-grown marijuana to a co-conspirator located in Columbia County, New York. McNeil was arrested on May 2, 2017 in Berkshire County, Massachusetts, while attempting to collect payment from a co-conspirator.
Senior United States District Judge Norman A. Mordue also imposed a 4-year term of supervised release, to begin after McNeil is released from prison.
This case was investigated by the USPIS and prosecuted by Assistant U.S. Attorney Michael Barnett.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Jeronimo Alvarez-Santiago, age 19, and a citizen of Mexico, was sentenced today to time served (4 months in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Alvarez-Santiago admitted that he was removed from the United States to Mexico on May 30, 2017. On January 9, 2018, ICE Officers arrested Alvarez-Santiago in Albany.
Following his sentencing today, Alvarez-Santiago was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Abel De Jesus-Gonzalez, age 24, and a citizen of Mexico, was sentenced today to time served (19 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, De Jesus-Gonzalez admitted that he was removed from the United States to Mexico on January 22, 2018. On April 26, 2018, ICE Officers arrested De Jesus-Gonzalez in Albany.
Following his sentencing, De Jesus-Gonzalez was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Guatemalan Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Raquel De Jesus Mendez-Vasquez, age 28, and a citizen of Guatemala, was sentenced today to time served (57 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Mendez-Vasquez admitted that he was removed from the United States to Guatemala on April 4, 2013. On March 19, 2018, ICE Officers arrested Mendez-Vasquez in Hillsdale, Columbia County, New York. Mendez-Vasquez was also removed to Guatemala on May 5, 2008.
Following his sentencing, Mendez-Vasquez was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Citizen of Mexico Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Alfredo Maldonado-Garcia, age 18, and a citizen of Mexico, was sentenced today to time served (35 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Maldonado-Garcia admitted that he was removed from the United States to Mexico on February 28, 2018. On April 10, 2018, ICE Officers arrested Maldonado-Garcia in Walton, Delaware County, New York.
Following his sentencing, Maldonado-Garcia was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Menands Man Charged with Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Kenneth J. Monahan, age 43, of Menands, New York, made his appearance yesterday in federal court on a criminal complaint charging him with possessing child pornography, announced United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).
The criminal complaint filed against Monahan alleges that he possessed child pornography on his home computer and downloaded child pornography through a peer-to-peer file-sharing program.
If convicted, Monahan faces a maximum term of imprisonment of 10 years, a mandatory term of supervised release of 5 years and up to life, mandatory registration as a sex offender, 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. 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 the New York State Police, and is being prosecuted by Assistant U.S. Attorney Alicia G. Suarez.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Schenectady Man Indicted for Stealing FirearmsRead the Press Release
ALBANY, NEW YORK – Christian Roman, age 24, of Schenectady, New York, was indicted today on charges that he stole an array of firearms from a licensed firearms dealer.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
According to the indictment, on October 22, 2017, Roman stole firearms from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County. The stolen firearms included pistols, shotguns, and rifles. The indictment further alleges that Roman possessed, concealed, and stored the stolen firearms through November 1, 2017.
Roman is in custody and will be arraigned at a later date. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of all charges, Roman faces up to 20 years in prison, a maximum $500,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the ATF and prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joseph A. Giovannetti.
Attorney General Sessions and U.S. Attorney Jaquith Recognize Law Enforcement Service and Sacrifice During National Police WeekRead the Press Release
ALBANY, NEW YORK – Attorney General Sessions and U.S. Attorney for the Northern District of New York Grant C. Jaquith recognized the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, and commented on the FBI’s 2017 Law Enforcement Officers Killed and Assaulted report.
“One officer death is too many,” Attorney General Sessions said. “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us. As always, we have their backs and they have our thanks.”
“For 29 years it has been my privilege to work closely with the men and women who serve as law enforcement officers in the Northern District of New York,” said United States Attorney Jaquith. “I have seen first-hand their selfless service and daily dedication to safeguarding our communities, securing our rights and freedoms, solving crimes, and saving lives. With reverence and gratitude, we pay tribute to New York State Police Trooper Joel Davis, who was killed in Jefferson County in 2017, and all those who have made the ultimate sacrifice for public safety and security. And we honor the professionalism, vigilance, and courage of the blue line continuing to confront danger so the rest of us are protected. Police Week pays homage to these true public servants.”
According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents.
Additionally, in 2017, there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts – this is a 30 percent decrease from 2016, when 66 law enforcement officer were killed in line-of-duty incidents as a result of felonious acts.
For the full, comprehensive data tables about these incidents and brief narratives describing the fatal attacks and selected assaults resulting in injury, please see the 2017 edition of Law Enforcement Officers Killed and Assaulted report, released today.
In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15 as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.
The names of all 93 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, D.C., during the 30th Annual Candlelight Vigil on the evening of May 13, 2018. So that people across the country can experience this unique and powerful ceremony, the vigil will be livestreamed beginning at 8 p.m. EDT on May 13. To register for this free online event, visit www.LawMemorial.org/webcast.
One Northern District of New York officer was added this year: New York State Police Trooper Joel Davis.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2018.
For more information about other National Police Week events, please visit www.policeweek.org.
To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.
Albany Sex Offender Sentenced to 20 Years for Child Pornography OffensesRead the Press Release
SYRACUSE, NEW YORK – Michael Gullinese, age 48, of Albany, New York, was sentenced yesterday to 20 years in prison for distributing, receiving, and possessing 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.
As part of his guilty plea, Gullinese admitted that between January 23, 2017 and his arrest on March 14, 2017, he used his cell phone to send and receive images of child pornography over the Kik messaging application. Gullinese saved to his phone approximately 600 image files and 150 video files of child pornography, some depicting children as young as infants.
Gullinese has a 2010 federal child pornography conviction. He was serving a life term of supervised release at the time of his arrest, having been released from prison in August 2014.
Senior United States District Judge Norman A. Mordue sentenced Gullinese to a 15-year term of imprisonment on Gullinese’s guilty plea to the 2017 child pornography offenses, to be followed by an additional 5-year term of imprisonment for violating the terms of his supervised release. Judge Mordue also imposed a lifetime term of supervised release, to begin when Gullinese is released from prison, and ordered him to pay restitution in the amount of $3,000.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Rensselaer County Man Sentenced to 78 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Keith J. Bleau, age 52, of Buskirk, New York, was sentenced today to 78 months in prison for receiving and possessing 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.
As part of his guilty plea, Bleau admitted that between about November 1, 2016 and May 15, 2017, he used the Internet and file-sharing software to download child pornography videos.
United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release, which will start after Bleau is released from prison. As a result of his conviction, Bleau will be required to register as a sex offender after leaving prison.
This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Rick Belliss.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jamaican Man Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Christopher Kevin Solomon, also known as Kevin Murphy, age 41, and a citizen of Jamaica, pled guilty today to illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
Solomon was removed from the United States to Jamaica on April 26, 2003. In pleading guilty, he admitted that on January 17, 2018, he was arrested by a Border Patrol Agent at a hotel in Hogansburg, New York. Solomon admitted that he returned to the United States without permission following the 2003 removal.
Solomon 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 August 29, 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.
Brooklyn Man Convicted of Stealing from a Disabled Army Veteran and the VARead the Press Release
BINGHAMTON, NEW YORK – A jury voted on Friday to convict Kevin Green, age 57, of Brooklyn, New York, of theft of government property and misappropriation by a fiduciary, following a 5-day trial.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Sean Smith of the U.S. Department of Veterans Affairs Office of Inspector General (VA-OIG), Northeast Field Office.
The evidence at trial established that Green received approximately $71,000 in disability compensation benefits from the VA as fiduciary for a disabled 73-year old Army veteran, between March 2011 and May 2013. Green was required to spend that money solely for the benefit of the veteran. The veteran had lived in a cottage on Green’s property in Kerhonkson, New York, but moved into a Vermont veterans’ home in April 2012. All of the veteran’s expenses at the veterans’ home were paid for by the VA, but Green continued to collect the veteran’s disability compensation benefits. When asked for an accounting, Green misrepresented how he had spent the benefits. The evidence demonstrated that he had spent tens of thousands of dollars on himself.
Green faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced by Senior United States Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by VA-OIG and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Saranac Lake Man Sentenced for Securities FraudRead the Press Release
SYRACUSE, NEW YORK – Mark Gillis, age 48, of Saranac Lake, New York, was sentenced today to time served, to be followed by 1 year of home detention, for defrauding customers of his brokerage firm out of nearly $400,000.
The announcement was made by United States Attorney Grant C. Jaquith and Peter F. Magnetto, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
In 2012, Gillis was a co-owner of Hudson Valley Capital Management, Inc., a securities broker-dealer with offices in Saranac Lake and Croton-on-Hudson, New York. Gillis was a licensed stockbroker and worked out of Saranac Lake.
Gillis admitted to purchasing shares of a stock and then transferring the shares to three Hudson Valley customers at improper markups of up to 280%. As a result of the markups, Gillis stole $379,652.41 from the customers. Gillis did this to cover up a nearly $400,000 loss he suffered while trading securities for his own benefit.
Senior United States District Judge Norman A. Mordue also ordered Gillis to forfeit $379,562.41, and to pay $226,500 in restitution to the Securities Investor Protection Corporation.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Granby Man Sentenced to 360 Years in Prison for Sexual Exploitation of Five ChildrenRead the Press Release
SYRACUSE, NEW YORK – Clif J. Seaway, age 61, of Granby, New York, was sentenced today 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, announced United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II, and Kevin M. Kelly, Special Agent in Charge of the Buffalo Division of Homeland Security Investigations (HSI). Seaway was also sentenced to serve a life-term of supervised release if he is released from imprisonment. He is also required to register as a sex offender.
The evidence at trial established that Clif J. Seaway conspired with co-defendants Tammy Lamere and Tammy Martin to sexually exploit five minor children from 2001 through 2013 in Oswego, Onondaga, and Jefferson Counties, and produced thousands of sexually explicit photos and videos of that abuse. During the trial, the jury viewed numerous videos and photographs made by the defendant of his sexual exploitation of all five victims and heard testimony from one who is now an adult. The trial evidence also included the defendant’s recorded confession to New York State Police Investigators.
“Clifford Seaway earned and received hard time for horrifying crimes. This lengthy sentence is appropriate punishment for the defendant’s prolonged sexual exploitation of five minor victims. Our commitment to continuing to work with our law enforcement partners to make sure that such child predators are held accountable for their crimes is complete and unyielding,” said United States Attorney Grant C. Jaquith.
State Police Superintendent George P. Beach II said, “This sentence reflects the severity of the crimes committed against those who are most vulnerable, our children. The State Police and our law enforcement partners will continue to seek justice for those who have been victimized and have zero tolerance for those who prey on children. We want to thank the agencies involved for their partnership and hard work ensuring the defendant will serve time for these deplorable crimes.”
“Seaway and others sexually exploited children for more than a decade and recorded these depraved acts. Today's sentencing makes abundantly clear the severe consequences that await those engaged in this horrific behavior," said HSI Buffalo Special Agent in Charge Kevin Kelly. "HSI continues to protect those that are most vulnerable and will continue to make these types of cases a priority along with our state and local partners.”
Co-defendant Tammy Lamere pled guilty and is scheduled to be sentenced on May 23, 2018. Co-defendant Tammy Martin pled guilty and is scheduled to be sentenced on June 7, 2018.
This case was investigated by the New York State Police and Homeland Security Investigations (HSI) with assistance provided by the Onondaga County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Assistant United States Attorney Carina H. Schoenberger.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Second Bronx Man Sentenced in Tax Refund Conspiracy CaseRead the Press Release
SYRACUSE, NEW YORK – Luis Morillo, age 28, of the Bronx, New York, was sentenced today to serve 45 months in prison for his conviction for conspiracy to commit mail and wire fraud, announced United States Attorney Grant C. Jaquith, James Robnett, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigations, New York Field Office, and Delany De Leon-Colon, Acting Inspector in Charge, U.S. Postal Inspection Service, Boston Division. In addition to his prison term of 45months, Luis Morillo was also sentenced to a 3-year term of supervised release following his release from incarceration and was ordered to pay restitution to the IRS in the amount of $478,320.
As part of his previous guilty plea, Luis Morillo admitted that he conspired to steal federal income tax refunds as part of scheme involving fraudulent tax returns filed using stolen identities from residents of Puerto Rico. The scheme involved an attempt to steal a total of 2.8 million dollars in refunds from fraudulent tax returns filed with the stolen identities. The IRS mailed refund checks generated from these false returns to residential locations (chosen by members of conspiracy) of uninvolved residents in the Syracuse and Binghamton, New York areas. Luis Morillo and three co-defendants were stopped by police on September 26, 2011, as they were in the process of stealing tax refund checks from mailboxes in Dewitt, New York. Following the discovery of the scheme, the IRS was able to prevent payment of many of the refunds. Luis Morillo’s co-defendant, Cerrone Hall, also of the Bronx, New York, was sentenced on April 25, 2018 to serve 5 years in prison. Two other co-defendants have pled guilty and are scheduled to be sentenced in May 2018.
This case was investigated by the Internal Revenue Service-Criminal Investigations, The U.S. Postal Inspection Service, and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
Misdemeanor Immigration Prosecutions – March and April 2018Read the Press Release
ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from March and April 2018. All defendants were or will be placed into removal proceedings, by the Department of Homeland Security, following the completion of their sentences.
Citizen of Kenya Sentenced For Illegal Entry
Angela M. Muchui, age 42, and a citizen of Kenya, was sentenced on March 6 to 20 days in jail, following her guilty plea to illegally entering the United States.
Muchui admitted that she crossed the border approximately one mile east of the Fort Covington Port of Entry on February 22, 2018. She was arrested by Border Patrol Agents as she was walking near the border the following morning.
Citizen of Turkey Sentenced For Illegal Entry
Ibrahim Evelek, age 31, and a citizen of Turkey, was sentenced on March 6 to time served (13 days in jail), following his guilty plea to illegally entering the United States.
Evelek admitted that he crossed the border approximately one mile east of the Chateaugay Port of Entry on February 21, 2018. He was arrested by Border Patrol Agents as he was being driven away from the border.
Citizen of India Sentenced For Illegal Entry
Manvir Kaur, age 25, and a citizen of India, was sentenced on March 13 to time served (32 days in jail), following her guilty plea to illegally entering the United States.
Kaur admitted that she crossed the border approximately 5 miles east of the Massena Port of Entry on February 9, 2018. She was arrested by Border Patrol Agents as she was leaving the border area as a passenger in a taxi.
Citizen of Haiti Sentenced For Illegal Entry
Jacques Estime, a citizen of Haiti, was sentenced on March 13 to 15 days in jail following his guilty plea to illegally entering the United States. Estime admitted that on March 2, 2018, he illegally entered the United States by walking through the woods from Canada before being arrested by Border Patrol.
Citizen of Haiti Sentenced For Illegal Entry
Marthine Abel, a citizen of Haiti, was sentenced on March 20 to time served (19 days in jail) following her guilty plea to illegally entering the United States. Abel admitted that on March 2, 2018, she illegally entered the United States by walking through the woods from Canada before being arrested by Border Patrol.
Citizen of Brazil Sentenced For Illegal Entry
Elianay Goncalves-Carreiro, a citizen of Brazil, was sentenced on March 20 to 28 days in jail following his guilty plea to illegally entering the United States. Goncalves-Carriero admitted that on February 28, 2018, he illegally entered the United States by walking through the woods from Canada before being arrested by Border Patrol.
Citizen of Mexico Sentenced For Illegal Entry
Diego Guerra-Lara, age 36, and a citizen of Mexico, was sentenced on March 22 to 30 days in jail, and ordered to pay a fine of $2,000, following his guilty plea to illegally entering the United States.
Guerra-Lara admitted that he crossed the border approximately one half mile east of the Fort Covington Port of Entry on March 11, 2018. He was found and arrested by a Border Patrol Agent as he ran south away from the border.
Citizen of Canada Sentenced For Illegal Entry
Christopher Thomas, age 50, of Winnipeg, Canada, was sentenced on March 27 to 40 days in jail, following his guilty plea to illegally entering the United States.
Thomas admitted that he walked across the border without inspection just east of the Champlain Port of Entry on March 23, 2018. Thomas was arrested by Border Patrol Agents as he was walking south away from the border.
Citizen of Albania Sentenced For Illegal Entry
Sandri Hiraj, also known as Ruhan Hiraj, age 21, and a citizen of Albania, was sentenced on March 27 to 100 days in jail, following his guilty plea to illegally entering the United States.
Hiraj admitted that he walked across the border without inspection approximately 3 miles east of the Churubusco Port of Entry on December 20, 2017. Hiraj was arrested by Border Patrol Agents in Ellenburg, New York, as he was attempting to arrange for transportation away from the border area.
Citizens of Haiti Sentenced For Illegal Entry
Manie Dieula Jean, also known as Manie Jean Piere, age 49, and Wilna Joseph Saintil, age 43, both citizens of Haiti, were each sentenced on March 29 to time served (13 days in jail), following their respective guilty pleas to illegally entering the United States.
Jean and Saintil each admitted that together they walked south through the northbound lanes of Interstate 87 at the border in an effort to sneak into the United States from Canada on March 17, 2018. They were arrested together by United States Customs and Border Protection Officers as they walked south through the Champlain Port of Entry.
Citizen of Mexico Sentenced For Illegal Entry
Luz Hernandez-Gonzalez, a citizen of the Mexico, was sentenced on April 3 to time served (15 days in jail) following her guilty plea to illegally entering the United States. Hernandez-Gonzalez admitted that on March 20, 2018, she was part of a group of 6 people who entered the United States by walking through the woods from Canada before being arrested by Border Patrol.
Citizen of Mexico Sentenced For Illegal Entry
Carlos Marquez-Arteaga, a citizen of the Mexico, was sentenced on April 3 to time served (15 days in jail) following his guilty plea to illegally entering the United States. Marquez-Arteaga admitted that on March 20, 2018, he was part of a group of 6 people who entered the United States by walking through the woods from Canada before being arrested by Border Patrol.
Citizen of Mexico Sentenced For Illegal Entry
Reyes Sanchez-Flores, a citizen of the Mexico, was sentenced on April 5 to time served (17 days in jail) following his guilty plea to illegally entering the United States. Sanchez-Flores admitted that on March 20, 2018, he was part of a group of 6 people who entered the United States by walking through the woods from Canada before being arrested by Border Patrol.
Citizen of Mexico Sentenced For Illegal Entry
Edwin Martinez-Garcia, a citizen of the Mexico, was sentenced on April 5 to time served (17 days in jail) following his guilty plea to illegally entering the United States. Martinez-Garcia admitted that on March 20, 2018, he was part of a group of 6 people who entered the United States by walking through the woods from Canada before being arrested by Border Patrol.
Citizen of Canada Sentenced For Illegal Entry
Bryan Francisco Pineda-Guevara, age 19, of Montreal, Canada, was sentenced on April 19 to 20 days in jail, following his guilty plea to illegally entering the United States.
Pineda-Guevara admitted that he walked across the border without inspection 1.7 miles east of the Champlain Port of Entry on April 9, 2018. Pineda-Guevara was arrested by Border Patrol Agents as he was walking south away from the border.
Citizen of the Philippines Sentenced For Illegal Entry
Aaron Danielle Sevilleja, age 20, and a citizen of the Philippines, was sentenced on April 19 to time served (14 days in jail), following her guilty plea to illegally entering the United States.
Sevilleja used a boat to cross the Saint Lawrence River near Hogansburg, New York, on April 6, 2018. She was then arrested while a passenger in a car that was stopped for a traffic infraction.
Citizen of Albania Sentenced For Illegal Entry
Elizabeta Lulaj, age 20, and a citizen of Albania, was sentenced on April 24 to time served (19 days in jail), following her guilty plea to illegally entering the United States.
Lulaj admitted that she used a boat to cross the Saint Lawrence River near Hogansburg, New York, on April 6, 2018. She was then arrested while a passenger in a car that was stopped for a traffic infraction.
Citizen of Mexico Sentenced For Illegal Entry
Irma Sanchez-Lopez, age 33, and a citizen of Mexico, was sentenced on April 24 to 20 days in jail, following her guilty plea to illegally entering the United States.
Sanchez-Lopez admitted that she crossed the border approximately 3 miles east of the Trout River Port of Entry on April 11, 2018. She was arrested by a Border Patrol Agent as she tried to hide in the woods south of the border.
Guatemalan Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Leodegario Guzman Roblero, age 44, and a citizen of Guatemala, was sentenced today to time served (25 days in jail) for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Guzman Roblero admitted that he was removed from the United States to Guatemala on August 26, 2011. Guzman Roblero admitted that he returned to the United States following the removal, without the necessary government permission. On April 7, 2018, ICE Officers arrested Guzman Roblero in Green Island, New York. He had been living in Troy. Guzman Roblero was also removed from the United States to Guatemala on September 29, 2010.
Following sentencing, Guzman Roblero was remanded to the custody of the Department of Homeland Security for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Queens Man Pleads Guilty to Distributing Heroin, Crack CocaineRead the Press Release
ALBANY, NEW YORK – Darnell D. Devaughn, age 33, of Queens County, New York, pled guilty yesterday to distributing heroin and crack cocaine in Albany County.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Devaughn admitted to distributing heroin and cocaine base (a/k/a crack cocaine) in the Crossgates Mall parking lot on November 9, 2016.
Devaughn is in custody pending sentencing.
United States District Judge Mae A. D’Agostino will sentence Devaughn on August 24, 2018. He faces up to 20 years in prison, and a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Plattsburgh Man Pleads Guilty in Connection with Fatal OverdoseRead the Press Release
SYRACUSE, NEW YORK – Thomas A. Burnell, age 36, of Plattsburgh, New York, pled guilty today to selling heroin mixed with fentanyl that caused the death of a customer. Burnell separately pled guilty today to possessing a weapon while incarcerated as a federal inmate at the Clinton County Jail.
The announcement was made by United States Attorney Grant C. Jaquith and U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division.
United States Attorney Grant C. Jaquith stated: “Today’s plea holds yet another heroin dealer accountable for a fatal overdose. Dealers must know that when they sell heroin, they are playing Russian roulette with the lives of their customers and that our resolve to hold them accountable for deaths – regardless of the amount sold -- will not waver. We will continue to investigate and prosecute overdose death cases, and other cases of illicit opioid trafficking, as part of our multi-pronged work with our law enforcement and community partners to prevent further tragedies through education, prevention, deterrence, and treatment.”
DEA Special Agent in Charge James J. Hunt stated: “Too many lives have been lost as a result of drug overdoses. This investigation’s significance is that it brought a drug dealer to face the consequences of his actions and admit his guilt. DEA and the U.S. Attorney’s Office for the Northern District of New York will continue to investigate those responsible for trafficking drugs and those whose actions lead to death.”
As part of his plea, Burnell admitted that on January 16, 2016, he went to the Plattsburgh apartment of a male customer, “J.G.” and gave J.G. two bags of what Burnell believed to contain heroin, for $70. J.G. ingested the substances that Burnell sold to him, which was heroin mixed with fentanyl. J.G. died that day due to opiate overdose.
Burnell was a registered sex offender at the time of the crime, having been convicted in 2003 of sexual abuse in the first degree.
In pleading guilty, Burnell also admitted that on March 30, 2017, while detained at the Clinton County Jail on the drug charge he pled guilty to today, he possessed a sharpened toothbrush as a weapon. Officers found the weapon while conducting a random search of Burnell’s cell.
Senior United States District Judge Norman A. Mordue is scheduled to sentence Burnell on August 20, 2018.
Subject to Judge Mordue’s approval, Burnell’s plea agreement requires him to serve 18 years in prison for the drug offense. On the weapon offense, Burnell faces up to 5 years in prison. Burnell also faces a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The drug overdose case was investigated by the DEA and the Plattsburgh Police Department. The prison contraband case was investigated by the U.S. Marshals Service and the Clinton County Sheriff’s Department. The cases are being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Chinese Citizen Admits Illegally Re-entering the United StatesRead the Press Release
ALBANY, NEW YORK – Va Meng Joe, age 53, and a citizen of China, pled guilty yesterday to illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his plea, Joe admitted that on March 2, 2018, he walked from Canada into the United States, and was then picked up by a driver in Champlain, New York. Shortly thereafter, a Border Patrol Agent stopped the vehicle and discovered Joe, who had been previously removed from the United States in 2017. Joe was removed from the United States following a conviction for heroin trafficking in Massachusetts for which he was sentenced to 5 years and one day in prison.
Joe faces up to 20 years in prison, and a fine of up to $250,000, when he is sentenced on August 14, 2018 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Border Patrol and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.