Northern District of New York
Press releases recorded for this federal judicial district.
Saratoga Springs Man Arrested for Receipt of Child PornographyRead the Press Release
ALBANY, NEW YORK – Benjamin J. Varieur, age 33, of Saratoga Springs, New York, was arrested yesterday and charged today with receiving child pornography.
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).
Varieur made an initial appearance in Albany before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.
The complaint filed against Varieur alleges that in March 2018, he used an encrypted messaging application on his phone to receive child pornography over the Internet. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted on all charges, Varieur 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.
This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jury Convicts Chinese Citizen of Transporting AliensRead the Press Release
ALBANY, NEW YORK – A jury today voted to convict Zhi “David” Zeng, age 33, of Brooklyn, New York, of transporting aliens in the United States for the purpose of financial gain, following a 3-day trial.
The announcement was made by United States Attorney Grant C. Jaquith; Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector; and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
The evidence at trial showed that Zeng, a lawful permanent resident of the United States who is a citizen of China, picked up and transported two illegal aliens (Chinese citizens) from the Akwesasne Mohawk Indian Reservation in Hogansburg, New York, on August 8, 2016. Zeng was to receive a cash payment for transporting the illegal aliens. Border Patrol Agents arrested him on August 8, 2016 in Fort Covington, New York. The investigation demonstrated that Zeng had made a prior smuggling trip in July 2016, during which he transported two individuals from the Akwesasne Mohawk Indian Reservation to New York City.
Zeng 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 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 United States Border Patrol and HSI, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Bronx Man Sentenced to 60 Months in Tax Refund Conspiracy CaseRead the Press Release
SYRACUSE, NEW YORK – Cerrone Hall, age 30, of the Bronx, New York, was sentenced today to serve five years in prison in connection with mail and wire fraud conspiracy and aggravated identity theft charges, announced United States Attorney Grant C. Jaquith, James Robnett, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigations, New York Field Office, and Shelly Binkowski, Inspector in Charge, U.S. Postal Inspection Service, Boston Division. In addition to his prison term of five years, Cerrone Hall 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 $478,320.00.
As part of his previous guilty plea, Cerrone Hall 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 Hall and his co-conspirators) of uninvolved residents in the Syracuse and Binghamton, New York areas. Cerrone Hall 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. Cerrone Hall’s three 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.
Fulton County Man Arrested for Distribution of Child PornographyRead the Press Release
ALBANY, NEW YORK – Charles Guyer, age 59, of Johnstown, New York, was arrested today on a charge of distributing child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Guyer made an initial appearance in Albany before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.
The complaint filed against Guyer alleges that in March and April 2018, he used file-sharing software to distribute child pornography over the Internet. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted on all charges, Guyer faces a minimum 15 years and up to 40 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.
This case is being investigated by HSI, with assistance from the Johnstown Police Department, and 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), 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.
Former Cornell Student Sentenced for Loan FraudRead the Press Release
SYRACUSE, NEW YORK – Cavya Chandra, age 26, of Carmel, Indiana, was sentenced today in federal court in Syracuse to serve a 5 year term of probation, to pay a fine of $1,000, and ordered to pay more than $70,000 in restitution to Cornell University, after previously pleading guilty to federal student loan fraud, announced United States Attorney Grant C. Jaquith and Geoffrey Wood, Special Agent in Charge, U.S. Department of Education Office of Inspector General (ED OIG), Eastern Region. Chandra’s sentence of probation requires her to (1) disclose her plea agreement and criminal conviction to any universities she attends; (2) disclose to her Probation Officer any new applications for financial aid; and (3) abide by an existing repayment agreement with Cornell University requiring her to pay restitution to Cornell, which balance currently exceeds $70,000.00.
Following the sentencing hearing, U.S. Attorney Grant Jaquith stated, “Whatever pressure students feel to get into a particular school, it cannot justify fraud. We maximize opportunities for higher education by maintaining the integrity of financial aid programs, including taking action against dishonesty.” Special Agent in Charge Geoffrey Wood stated, “Federal student aid exists so that individuals can pursue and make their dream of a higher education a reality. As the law enforcement arm of the U.S. Department of Education, ensuring that those who steal student aid for their own selfish purposes are stopped and held accountable for their criminal actions is a big part of the mission of ED OIG.”
As part of her guilty plea, Chandra admitted that between 2008 and 2014 she obtained admission to, and attended, three universities—Carnegie Mellon University in Pittsburgh, Pennsylvania, Cornell University in Ithaca, New York, and Indiana University-Purdue University Indianapolis (“IUPUI”)—by forging various documents, including academic transcripts and letters of recommendation. The charge to which Chandra pled guilty relates to her fraudulent acceptance of federal student loan money while attending Cornell.
In pleading guilty, Chandra admitted that in the fall of 2008 Cornell denied her application for admission to its incoming freshman class, after which she applied to Carnegie Mellon University . In doing so, Chandra submitted a forged letter of recommendation from a high school teacher. Unaware of this forgery, Carnegie Mellon accepted Chandra’s application and admitted her as a student in the fall of 2009.
In February 2010, during her second semester at Carnegie Mellon, Chandra applied for admission to Cornell as a transfer student. In submitting her transfer application to Cornell, she included a forged transcript, falsely representing that she had received a perfect 4.0 Qualified Point Average (“QPA”) during the fall 2009 semester at Carnegie Mellon. In reality, Chandra had actually received a much lower QPA of 2.79 for that semester. Chandra also submitted to Cornell a fake high school transcript that falsely inflated her grades and included a forged letter of recommendation from a high school teacher. Unaware of Chandra’s fraud, Cornell admitted her as a transfer student for the fall 2010 semester.
While enrolled at Cornell, Chandra ultimately received more than $130,000 in financial aid, much of which was federal direct student loan money provided by the United States Department of Education. Cornell also provided tens of thousands of dollars in grant assistance to Chandra during her time as a student at Cornell.
In 2013, while still enrolled at Cornell, Chandra began the process of applying for medical school through the American Medical College Application Service (“AMCAS”). As part of her medical school application to AMCAS, Chandra submitted forged transcripts from Carnegie Mellon and from Cornell. AMCAS reported to Cornell that it suspected Chandra had sent a fraudulent transcript, and Cornell launched an internal investigation, during which it uncovered her admissions fraud. When confronted by a university official, Chandra admitted that she had falsified information in her transfer application. Cornell expelled Chandra in November 2013.
Following her expulsion from Cornell, Chandra applied for admission as a transfer student to IUPUI. In doing so, Chandra again prepared and submitted forged copies of her Carnegie Mellon and Cornell transcripts, both of which contained falsely inflated grades. IUPUI admitted Chandra as a transfer student and gave her credit for a number of classes that she did not actually take or pass at Cornell. Cavya Chandra graduated from IUPUI in 2015. When Chandra’s fraud came to light the following year, IUPUI rescinded her degree.
This case was investigated by the U.S. Department of Education, Office of Inspector General with assistance from Cornell University, and it was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Troy Man Arrested for Distribution of Child PornographyRead the Press Release
ALBANY, NEW YORK – Kurtis Walter, age 24, of Troy, New York, was arrested today on a charge of distributing child pornography.
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).
Walter made an initial appearance today in Albany before United States Magistrate Judge Christian F. Hummel. A detention hearing has been scheduled for April 23, 2018.
The complaint filed against Walter alleges that in November 2017 he distributed child pornography via a webcasting and peer-to-peer, file-sharing application. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted on all charges, Walter faces at least 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. If convicted, Walter would also have to register as a sex offender.
This case is being investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Guatemalan Man Charged with Unlawfully Re-entering the United States Following Previous RemovalRead the Press Release
SYRACUSE, NEW YORK – Marcial De Leon-Aguilar, 31, a citizen of Guatemala was charged today with unlawfully re-entering the United States after previously having been removed, announced United States Attorney Grant C. Jaquith and Thomas Feeley, Field Office Director, U.S. Immigration and Customs Enforcement (ICE), Buffalo, New York.
The defendant made his initial appearance today in United States District Court in Syracuse, New York, and was ordered held without bail pending a hearing on April 24, 2018. A copy of the publicly filed criminal complaint is attached hereto. The defendant was arrested on April 18, 2018 by U.S. Immigration and Customs Enforcement (ICE) Officers in Rome, New York.
The charge filed against Marcial De Leon-Aguilar carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and if a conviction is obtained, could result in his removal or deportation from the United States.1 A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
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 United States Department of Homeland Security, Immigration and Customs Enforcement (ICE).
Attachment:
Criminal Complaint
1 Deportation and removal proceedings are separate civil matters litigated in Immigration Court and are not adjudicated as part of a criminal prosecution.
Waterford Man Pleads Guilty to Accessing Child Pornography Web SiteRead the Press Release
ALBANY, NEW YORK – Brian Napier, age 34, of Waterford, New York, pled guilty today to accessing a child pornography web site available only through an anonymous Internet network.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his plea, Napier admitted that in 2015, he accessed Playpen, an online forum through which registered users advertised, viewed and distributed child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted.
Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual Internet Protocol address, geographic location, or other identifying information. Napier admitted that he logged into Playpen in order to access its child pornography content.
Napier, who is in custody, faces up to 10 years in prison when he is sentenced by Senior United States District Judge Thomas J. McAvoy on August 16, 2018. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Schenectady Man Sentenced for Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Marty Humphrey, age 65, of Schenectady, New York, was sentenced yesterday to 15 months in prison, to be followed by 3 years of supervised release, for conspiring to distribute cocaine and crack cocaine.
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).
Humphrey pled guilty on March 9, 2018, admitting to conspiring to distribute cocaine and crack cocaine in Schenectady, between August 2016 and May 2017. He was prosecuted as part of a takedown of a drug trafficking ring that operated in Schenectady and Albany. Charges are still pending against several of Humphrey’s co-defendants. The charges against them are merely accusations, and they are each presumed innocent unless and until proven guilty
Humphrey’s case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Schenectady Man Pleads Guilty to Distributing Crack and Powder CocaineRead the Press Release
ALBANY, NEW YORK – Terrance Robinson, a/k/a “Rico,” age 31, of Schenectady, New York, pled guilty today to distributing cocaine and cocaine base (a/k/a crack cocaine).
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 plea, Robinson admitted to selling a quantity of powder cocaine for $1,300 on September 1, 2016, to selling a quantity of powder cocaine for $1,500 on November 10, 2016, and to selling a quantity of crack cocaine for $170 on November 15, 2016.
Robinson faces up to 30 years in prison when he is sentenced on August 13, 2018 by Senior United States District Judge Gary L. Sharpe. He also faces a term of post-imprisonment supervised release of at least 6 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes members of the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Ogdensburg Man Sentenced to 15 Years in Prison for Sexual Exploitation of a MinorRead the Press Release
SYRACUSE, NEW YORK – Harry McCarthy, age 58, of Ogdensburg, New York, was sentenced today to serve 15 years in prison for his sexual exploitation of a minor, announced 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, McCarthy admitted that in 2013 and 2014, he used a minor to engage in sexually explicit conduct for the purpose of producing images of that conduct. At the time of his crime, McCarthy was employed as an officer at the City of Ogdensburg, New York Police Department.
Chief United States District Judge Glenn T. Suddaby also imposed a lifetime term of supervised release, which will start after McCarthy is released from incarceration, and to pay a $10,000 fine. As a result of his conviction, McCarthy will be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Geoffrey Brown.
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.
Glenville Man Charged with Attempted Coercion and Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Brendan Chandler, age 34, of Glenville, New York, was arrested yesterday and charged today with attempting to meet a 14-year-old girl for sex.
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).
According to a criminal complaint, Chandler used the Kik messaging application to solicit sex from someone he thought was a 14-year-old girl, but who was actually a New York State Police Investigator acting in an undercover capacity. Chandler was arrested in a parking lot in Albany County, where he thought he was going to pick up the girl in his car so that they could have sex. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Chandler appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings.
If convicted, Chandler faces at least 10 years and up to life in prison. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Former Federal Employee in Albany Charged with Defrauding the Department of Housing and Urban DevelopmentRead the Press Release
ALBANY, NEW YORK – Timothy J. Oravec, age 59, of Poughkeepsie, New York, was arrested today on charges that he defrauded the United States Department of Housing and Urban Development (HUD) and some of its employees by falsely claiming to have cancer, and obtaining and using leave time donated to him by his colleagues.
The announcement was made by United States Attorney Grant C. Jaquith and Christina Scaringi, Special Agent in Charge for HUD’s Office of Inspector General (OIG), Northeast Region.
Oravec worked for HUD in Albany. The indictment alleges that in 2013, Oravec falsely told his supervisors and coworkers at HUD that he had been diagnosed with cancer and would need to be absent from work as a result. Oravec was approved as a recipient of donated leave as part of a voluntary leave transfer program operated by HUD. Other HUD employees donated 694 hours of their vacation time to Oravec. He used most of the donated vacation time to miss work, while being paid over $24,000 in salary.
The indictment also alleges that, as part of the scheme, Oravec fabricated letters from multiple medical providers and gave those fabricated letters to his supervisors at HUD. Those letters purported to describe Oravec’s treatment for cancer. In fact, Oravec was not under the care and treatment of the providers and created the letters himself.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Oravec was arraigned today before United States Magistrate Judge Christian F. Hummel, who ordered him released with conditions pending trial before Senior United States District Judge Frederick J. Scullin, Jr.
If convicted, Oravec would face up to 20 years in prison, a maximum fine of $250,000, and a maximum term of post-imprisonment supervised release of 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by HUD-OIG and prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
Syracuse Man Pleads Guilty to Trafficking Drugs in St. Lawrence CountyRead the Press Release
ALBANY, NEW YORK – Deloyd M. Lesane, age 38, of Syracuse, New York, pled guilty today to possession with intent to distribute crack cocaine and fentanyl.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Gouverneur Chief of Police Laurina Greenhill.
Lesane was selling crack cocaine and fentanyl from an apartment in Gouverneur in April 2017. During a search of that apartment, agents recovered approximately 57.5 grams of crack cocaine, approximately 2.5 grams of fentanyl, approximately 19.7 grams of cocaine, a digital scale with cocaine residue, drug packaging material and $2,708 in U.S. currency.
If accepted by Senior United States District Judge Norman A. Mordue, the plea calls for Lesane to serve 120 months in prison when sentenced on August 27, 2018.
This case was investigated by members of the St. Lawrence County Drug Task Force, Gouverneur Police Department, and HSI. The case is being prosecuted by Assistant U.S. Attorney Douglas G. Collyer.
Schenectady Felon Pleads Guilty to Stealing Firearms from Glenville Gun StoreRead the Press Release
ALBANY, NEW YORK – Jose Fontanez, age 36, of Schenectady, New York, pled guilty today to stealing firearms from Target Sports, Inc., a federally licensed firearms dealer in Glenville, New York. Fontanez, whose criminal history includes a prior felony conviction, also pled guilty to possessing, concealing, and storing stolen firearms and being a felon in possession of firearms.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his guilty plea, Fontanez admitted that on the night of October 22, 2017, he and a co-conspirator broke into Target Sports while it was closed and stole more than 25 firearms from inside the gun store located on Saratoga Road. The firearms included pistols, shotguns, and rifles. With the assistance of various accomplices, Fontanez and his co-conspirator spent the following two days moving the stolen firearms between various locations in Schenectady and Amsterdam, New York, including private residences, a self-storage unit, and a motel. Finally, as Fontanez further admitted, on October 24, 2017, he and his co-conspirator, with the help of yet more accomplices, transported the stolen firearms to Rochester, New York.
Fontanez is scheduled to be sentenced on August 15, 2018 by Senior United States District Judge Norman A. Mordue. He faces up to 10 years in prison on each count of conviction, for a total of 30 years; a maximum $750,000 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, New York State Police, and the Glenville Police Department, and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joseph A. Giovannetti.
Clifton Park Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – William C. Ruff, age 43, of Clifton Park, New York, pled guilty today to distributing child pornography.
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, Ruff admitted that on eight occasions between October 10, 2016 and December 17, 2016, he used file-sharing software to distribute child pornography over the Internet. The pornographic videos and images depicted children as young as 3 years old.
Ruff, who has been in custody since his arrest on December 21, 2016, is scheduled to be sentenced on August 15, 2018 by Senior United States District Judge Norman A. Mordue. He faces at least 5 years and up to 20 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine. 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. Ruff will also have to register as a sex offender when he is released from prison.
This case was investigated by the FBI, with assistance from the Saratoga County Sheriff’s Office, 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/.
Chicago Man Sentenced to 57 Months for Defrauding Plattsburgh CompanyRead the Press Release
SYRACUSE, NEW YORK – Debashis Ghosh, age 54, of Chicago, Illinois, was sentenced today to 57 months in prison, to be followed by 3 years of supervised release, for conspiring to defraud a Plattsburgh, New York, company of $2.5 million.
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.
Ghosh and Keith Eric Jergensen, age 58, of Salt Lake City, Utah, were convicted in October 2017 of wire fraud conspiracy following a 7-day trial presided over by United States District Judge Brenda K. Sannes. In imposing sentence, Judge Sannes also ordered Ghosh to pay $2.5 million in restitution to his victims.
On March 2, 2018, Judge Sannes sentenced Jergensen to 59 months in prison, to be followed by 3 years of supervised release, and also ordered him to pay $2.5 million in restitution to his victims.
The evidence at trial demonstrated that Jergensen and Ghosh were Co-Chief Executive Officers of Verdant Capital Group, LLC (“Verdant”), based in Chicago.
Plattsburgh-based Laurentian Aerospace Corporation (“Laurentian”) retained Verdant to raise funds for the construction of an airplane maintenance, repair and overhaul facility to be built at the former United States Air Force base in Plattsburgh.
Jergensen and Ghosh asked Laurentian to invest $2.5 million as seed money for the project. They and Laurentian agreed that this money would remain in a Wells Fargo account and could not be moved without the authorization of Laurentian.
Laurentian, drawing on funds contributed by its board members and one outside investor, wired $2.5 million into the Wells Fargo account on December 3, 2010. Five days later, Jergensen and Ghosh began transferring the money out of the account without Laurentian’s authorization, and by March 18, 2011 they had transferred all of the $2.5 million out of the account.
Jergensen and Ghosh used Laurentian’s $2.5 million to pay Verdant’s expenses including employees and contractors, and to pay others, including payments totaling $1.75 million to a now-defunct wind turbine company that Ghosh was a minority owner of; transfers of $96,500 to Jergensen’s company Contour Composites, Inc. of Utah; a $55,000 “loan” to a friend that the friend never repaid; and payments totaling $14,500 to an Arizona man who was promising them access to union pension funds.
Having spent the money, and as part of their conspiracy, Jergensen and Ghosh then spent several years falsely assuring Laurentian and its investors that their money was safe and secure, with Jergensen going so far as to forge a memorandum of understanding that purported to show that Laurentian’s money was in a secured bank account at Wells Fargo. The victim investors included a retired United States Air Force Colonel, a former New York City Deputy Mayor, a retired law firm partner, and several retired executives from the financial and airline industries. To date, Laurentian has been unable to build the airplane facility in Plattsburgh.
The evidence at trial also demonstrated that Jergensen and Ghosh misappropriated an additional $2.4 million in funds that other businesses had entrusted to them.
This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Salina Man Sentenced to 15 Years for Sexually Exploiting Three ChildrenRead the Press Release
SYRACUSE, NEW YORK – Charles Poltenson, age 28, of Salina, New York, was sentenced today to 15 years in prison for sexually exploiting three children.
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.
As part of his guilty plea, Poltenson admitted that from 2014 through 2016 he used Skype to chat with numerous female children. During the course of these Skype chat sessions, Poltenson enticed girls between the ages of 10 and 15 to masturbate and/or show him their genitalia. These sexually explicit acts were recorded by Poltenson, who used computer software to record the Skype sessions so he could watch them again. During the course of these online interactions with children, Poltenson lied about his true identity, pretending to be a child himself.
Poltenson further admitted that in addition to the live Skype sessions that he recorded, he also would send, via the Internet, voice recordings with specific instructions about sexually explicit videos he wanted various female children between the ages of 10-15 to create for him. In response to these instructions, girls between the ages of 10 and 15 created sexually explicit videos for Poltenson and at his request sent them to him via email.
United States District Judge Brenda K. Sannes also imposed a 20-year term of supervised release, which will start after Poltenson is released from prison, ordered a $300 special assessment, and a payment of $6,000 in restitution for one of his victims. As a result of his conviction, Poltenson will be required to register as a sex offender upon his release from prison.
This case was investigated by the New York State Police and the FBI. The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Romanian Man Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Ioan Rostas, a/k/a Ioan Angel, age 29, and a citizen of Romania, 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.
Rostas was removed from the United States to Romania on September 28, 2017. On March 17, 2018, he was arrested by Border Patrol Agents in Chateaugay, New York. Rostas had entered the United States from Canada without inspection shortly before he was found by Border Patrol. Rostas admitted that he returned to the United States without permission following the 2017 removal.
As a result of his conviction, Rostas faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by United States District Judge Mae A. D ’Agostino on August 13, 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.
Justice Department Files Sexual Harassment Lawsuit Against Owners and Managers of Oswego-Area Rental PropertiesRead the Press Release
WASHINGTON – The Justice Department announced today that it has filed a lawsuit alleging that Douglas S. Waterbury, a residential property owner and landlord in the Oswego, New York, area, subjected female tenants and potential tenants to egregious sexual harassment in violation of the Fair Housing Act. Along with Douglas Waterbury, the Department’s complaint names his wife and business partner, Carol A. Waterbury, and two residential property companies, Ontario Realty Incorporated and E&A Management Co., as defendants.
The complaint, filed in the U.S. District Court for the Northern District of New York, alleges that since at least 1990, Douglas Waterbury has sexually harassed numerous women who have lived in or inquired about the defendants’ residential rental properties. The suit alleges that Waterbury’s conduct has included demanding or pressuring female tenants and potential tenants to engage in sex acts with him in order to obtain or keep rental housing; subjecting female tenants and potential tenants to unwelcome sexual contact and groping; offering to grant tangible housing benefits, such as reduced rent or deposit payments, in exchange for sex acts; refusing needed maintenance services or otherwise taking adverse housing actions against female tenants who refused his harassment; and making unwelcome sexual comments and advances. The conduct alleged in this complaint is egregious, ranging from demands to exchange sex for rent, to unwanted sexual encounters.
“Subjecting tenants and those looking for housing to harassment and demands for sex is unacceptable,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Combatting sexual harassment in housing is among the Department’s top priorities. As we celebrate the 50th Anniversary of the Fair Housing Act this month, the Civil Rights Division stresses its commitment to tackling this scourge, which strikes at the heart of access to fair housing, free from harassment and other forms of illegal discrimination.”
“The complaint alleges severe, pervasive sexual harassment, including pressure to engage in sexual activity to obtain or keep rental housing and unwelcome sexual contact with actual and prospective female tenants,” said Grant C. Jaquith, United States Attorney for the Northern District of New York. “We are committed to the full and fair application of the Fair Housing Act to give meaning to its protection of renters from unlawful discrimination. Housing cannot be conditioned on submission to sexual harassment.”
In October, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative. The initiative specifically seeks to increase the Department’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners.
The Justice Department has filed or settled nine sexual harassment cases and has recovered over $1.6 million for victims of sexual harassment in housing since January 20, 2017.
Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct. The allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or operated by Douglas Waterbury, Carol Waterbury, Ontario Realty, Incorporated, or E&A Management Co., or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line, by calling 1-800-896-7743, pressing 1 to continue in English, and selecting mailbox 92 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by calling the phone number above and leaving a message in the general mailbox, or by e-mailing the Justice Department at [email protected].
Jamaican Citizen Admits Possessing Loaded Firearms in Furtherance of Drug TraffickingRead the Press Release
ALBANY, NEW YORK – Jevar Sturridge, age 25, and a citizen of Jamaica, pled guilty today to possession of crack cocaine, powder cocaine and heroin with the intent to distribute those drugs, and to the possession of firearms in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Kevin Kelly of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his plea, Sturridge admitted that on February 15, 2017, he possessed 48 grams of cocaine base (crack cocaine), 42 grams of powder cocaine, and 42 grams of heroin in his apartment in Massena, New York. Sturridge further admitted to possessing, in his apartment, a loaded Smith and Wesson .40 caliber handgun and a loaded Mossberg 12-gauge shotgun, in order to guard against the potential theft of his drugs and drug proceeds.
Sturridge faces at least 15 years and up to life in prison, a fine of up to $8 million, and a term of post-imprisonment supervised release of at least 4 years and up to life when he is sentenced on August 7, 2018 by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by HSI, the Massena Police Department and the New York Department of Corrections and Community Supervision, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Emmet O’Hanlon.
Former Fulton County Tannery Owner Charged with Illegally Storing Hazardous WasteRead the Press Release
ALBANY, NEW YORK – Robert James Carville, age 56, of West Palm Beach, Florida, was arrested today on charges that he illegally stored hazardous waste in an abandoned tannery building in Johnstown, New York, where Carville had owned and operated a tannery known as Carville National Leather.
The announcement was made by United States Attorney Grant C. Jaquith and Tyler Amon, Special Agent in Charge for the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), Regions 1 and 2.
Carville was arrested today in West Palm Beach and appeared before a United States Magistrate Judge in the United States District Court for the Southern District of Florida. He is scheduled to be arraigned in Albany federal court on April 16.
The indictment alleges that Carville knowingly stored hundreds of gallons of hazardous waste, including chromium, lead, and both ignitable and corrosive chemicals, without a permit for more than two years beginning in April 2014 at the abandoned Carville National Leather facility located at 10 Knox Avenue in Johnstown, New York, in violation of the Resource Conservation and Recovery Act (RCRA).
The indictment also alleges that Carville failed to report the release of these hazardous substances by failing to notify appropriate governmental agencies that he had abandoned these hazardous chemicals, in violation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund law.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charges filed against Carville carry a maximum sentence of 3 years in prison, a maximum fine of more than $41 million (based on the number of days of violations alleged in the indictment), and a term of post-imprisonment supervised release of up to 1 year. 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 EPA-CID and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Spills and other environmental violations can be reported to EPA’s Superfund National Response Center hotline at 1-800-424-8802 or online at epa.gov/tips.
Binghamton Man Enters Guilty Plea to Drug Trafficking and Gun PossessionRead the Press Release
BINGHAMTON, NEW YORK – Calvin Johnson, age 42, of Binghamton, entered a guilty plea yesterday to a two-count indictment charging him with conspiracy to possess with intent to distribute controlled substances, and possession of a firearm by a felon, announced United States Attorney Grant C. Jaquith, Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), City of Binghamton Police Chief Joseph Zikuski. and New York State Police Superintendent George P. Beach II. Johnson pled guilty as jury selection was about to begin in his trial in Syracuse, New York.
In pleading guilty to conspiracy to possess with intent to distribute and distribute controlled substances, Johnson admitted that from September of 2009 through March 26, 2014, he and co-conspirators Saquan Johnson, Courtney Douglas, Lamont Clemons, Leslie Hughes, and Gerald Norfleet, were members of a drug trafficking conspiracy that operated in Broome County, New York. The defendant and the others conspired to acquire cocaine base (crack cocaine), cocaine, marijuana, and heroin from New York City and then transported these to the Binghamton, New York area for storage and local distribution.
As part of his guilty plea, Johnson admitted that he personally distributed 2,000 grams of cocaine base (crack cocaine), 6 kilograms or more of cocaine, 1,500 kilograms or more of marihuana, and 200 grams or more of heroin. Johnson also pled guilty to possessing a Ruger 9mm Model P95 firearm with an obliterated serial number as a felon.
Sentencing is scheduled for August 16, 2018 in Syracuse. The parties have jointly recommend the Court impose a sentence of 420 months (35 years) imprisonment, and a 10-year term of supervised release.
This case was investigated by Federal Bureau of Investigation (FBI), New York State Police (NYSP), Binghamton Police Department, Broome County Sheriff’s Department, and the Johnson City Police Department. The matter is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Schenectady Man Pleads Guilty to Fentanyl ChargeRead the Press Release
ALBANY, NEW YORK – Anthony M. DeRose, a/k/a “Gus,” age 23, of Schenectady, New York, pled guilty today to possessing and intending to sell furanyl fentanyl, a synthetic opioid.
The announcement was made by United States Attorney Grant C. Jaquith.
On August 21, 2017, Schenectady County Sheriff’s Deputies arrested DeRose on an outstanding warrant. They searched him and found, inside his right pants pocket, one clear plastic bag containing 145 smaller white bags or envelopes, each of which contained furanyl fentanyl. As part of his plea, DeRose admitted that he intended to distribute the furanyl fentanyl, which has been a federally controlled substance since November 29, 2016.
United States District Judge Mae A. D’Agostino will sentence DeRose on August 7, 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 Schenectady County Sheriff’s Office and the U.S. Drug Enforcement Administration, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Bronx Man Arrested for Heroin TraffickingRead the Press Release
ALBANY, NEW YORK – Saul E. Pacheco, age 37, of the Bronx, New York, was arrested last week and charged with conspiring to distribute more than 100 grams of heroin in Columbia County.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); and Columbia County Sheriff David P. Bartlett.
According to the criminal complaint, Pacheco was supplying heroin to a Columbia County drug dealer from December 2017 through April 2018. Pacheco was arrested on April 4, 2018, while attempting to meet the Columbia County dealer in the parking lot of a casino in Yonkers, Westchester County. In the parking lot, DEA Special Agents located a plastic bag containing approximately 50 grams of heroin, which Pacheco had possessed and then discarded once he noticed Agents approaching him. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Pacheco faces at least 5 years and up to 40 years in prison, as well as a term of post-imprisonment supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Pacheco appeared today for a detention hearing before United States Magistrate Judge Christian F. Hummel, who ordered him released with conditions, including a secured bond, electronic monitoring and home confinement.
This case is being investigated by the DEA and the Columbia County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Plattsburgh Man Admits Role in FraudRead the Press Release
ALBANY, NEW YORK – Thomas J. Howe, age 38, of Plattsburgh, New York, pled guilty yesterday to fraud and identity theft charges.
The announcement was made by United States Attorney Grant C. Jaquith; Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and Plattsburgh Police Lieutenant Levi Ritter.
As part of his plea, Howe admitted that he and Jared R. Hudson devised a scheme to defraud banks, merchants and individual consumers by purchasing information including credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information, and to using that information to electronically purchase goods, and to fraudulently transfer and attempt to transfer funds electronically, between October 2009 and December 2014.
Initially, Howe used stolen credit card numbers belonging to others to order merchandise online and had the merchandise shipped to him. Howe then used other people’s personal identification information to sign up for credit cards. He then opened investment accounts in his name, which were funded with money taken from other people’s bank accounts using stolen account numbers, routing numbers, identification, and bank security information. Howe admitted that his conduct caused at least $508,053.33 in losses.
Howe has been detained on the charges since January 18, 2018. He faces at least 2 years and up to 20 years in prison, and a fine of up to $250,000, when he is sentenced on July 25, 2018 by Senior United States District Judge Lawrence E. Kahn. A sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
Hudson, a former Plattsburgh resident who has also resided in Florida and Texas, pled guilty to his role in the scheme and was sentenced on January 10, 2018 to 79 months in prison.
This case was investigated by the FBI and the Plattsburgh Police Department, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Rochester Attorney Admits to Unlawfully Receiving Retirement BenefitsRead the Press Release
ALBANY, NEW YORK – Diane M. Cecero, age 64, of Pittsford, New York, admitted today to unlawfully “double-dipping” and receiving state retirement benefits to which she was not entitled. She agreed to pay back those benefits, with interest, as part of a pretrial diversion agreement.
The announcement was made by United States Attorney Grant C. Jaquith and New York State Comptroller Thomas P. DiNapoli.
From 1982 to 1996, Cecero was an Assistant Attorney General with the New York State Attorney General’s Office (NYAG). In that job, she earned retirement credits as a participant in the New York State and Local Retirement System (NYSLRS).
In 1996, she left the NYAG to become the Legal and Labor Relations Officer at Monroe Community College (MCC), part of the State University of New York. Cecero eventually became General Counsel of MCC and was employed there until August 2015.
When she left the NYAG, Cecero retained her membership in NYSLRS, but she stopped earning NYSLRS service credit. When she joined MCC, Cecero chose to join the SUNY Optional Retirement Program (SUNY ORP), a public retirement system separate from NYSLRS.
As part of the diversion agreement, Cecero admitted that while employed with MCC, she incorrectly filled out an Application for Service Retirement, dated April 3, 2008, which caused NYSLRS to pay to her approximately $85,000 in retirement benefits to which she was not entitled during the years 2008 through 2014. Cecero also admitted that while drawing retirement benefits from NYSLRS, she also participated in SUNY ORP. As part of the agreement, Cecero did not admit to committing fraud or to any criminal conduct.
United States Attorney Grant C. Jaquith said: “Thanks to the thorough investigation by the Comptroller’s Division of Investigations, improper retirement benefits are being repaid with interest. We are committed to continued work with the Office of the Comptroller to safeguard the public fisc and use all appropriate means to secure restitution and individual accountability for violations of law.”
State Comptroller Thomas P. DiNapoli said: “For the six years Ms. Cecero was general counsel to Monroe Community College, she unlawfully took $85,000 in state pension benefits on top of her six-figure salary. As a result of our investigation, she must repay the money with interest. I thank United States Attorney Jaquith for prosecuting this case.”
The practice of drawing retirement benefits while remaining a public employee is informally known as “double-dipping,” and is prohibited under state law with few exceptions, none of which applied to Cecero. Additionally, while she was improperly receiving retirement benefits from NYSLRS, Cecero unlawfully participated in a second retirement plan, SUNY ORP, to which her then-employer MCC contributed more than $100,000 for her benefit.
Today, the United States Attorney’s Office filed a wire fraud charge against Cecero. As part of the pretrial diversion agreement, it agreed that it would dismiss the charge if, within 18 months, Cecero paid total restitution of $156,918.20: $116,918.20 to NYSLRS and an additional $40,000 to MCC.
This case was investigated by the Office of the State Comptroller’s Division of Investigations, and was prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck.
Louisiana Man Pleads Guilty to Traveling with Minor to Engage in Illicit Sexual ConductRead the Press Release
SYRACUSE, NEW YORK - Iordan Bossev, age 21, of Baton Rouge, Louisiana, pled guilty in Syracuse to traveling in interstate commerce to engage in illicit sexual conduct with a minor and an additional count of persuading, inducing and enticing an individual to travel in interstate commerce to engage in sexual activity. The defendant also pled guilty to receipt of child pornography and one count of possession of child pornography, announced 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. Bossev, who remains detained pending his sentencing, faces a maximum sentence of six years of imprisonment and a lifetime of supervised release. He will also be required to register as a sex offender. Sentencing is scheduled for August 9, 2018, in Syracuse.
As part of his guilty plea, Bossev admitted that from March 2015 through November 2015, he engaged in internet communications of a sexual nature with a 14-year old victim. Bossev sought and received via the internet numerous sexually explicit images of the victim. In May 2015, after approximately 2 months of sending sexually explicit images back and forth, the defendant traveled from Louisiana to Watertown, New York, to meet the victim for the purpose of engaging in illicit sexual conduct. In anticipation of that meeting, the defendant rented a hotel room in Jefferson County near the victim’s home. When the defendant arrived, he and the victim spent parts of 2 days in the hotel room engaging in illicit sexual activities.
In November of 2015, the defendant traveled to Jefferson County with the intention of leaving New York State with the victim to further engage in illicit sexual activity. In furtherance of this plan, Bossev picked up the victim and went to New York City and later to San Francisco, California. From November 2015 to December 2016, in an effort to evade law enforcement, the defendant traveled with the victim to San Francisco, California, Seattle, Washington and Portland, Oregon.
Bossev’s case was investigated by the New York State Police, the United States Marshals Service, the Jefferson County Sheriff’s Department, the Washington County Sheriff’s Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Connecticut Man Convicted of Robbing Dollar Tree Stores in New York and IdahoRead the Press Release
ALBANY, NEW YORK – David Daniel Hunter, age 54, of Enfield, Connecticut, pled guilty today to robbing two Dollar Tree stores in May 2017.
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.
In pleading guilty, Hunter admitted to committing two robberies, one of a Dollar Tree in the Town of North Greenbush, New York, and the other of a Dollar Tree in Coeur d’Alene, Idaho.
He admitted to stealing a 2017 Dodge Charger in Connecticut on May 5, 2017, and driving it to New York to commit a robbery. On May 6, Hunter entered the Dollar Tree store in North Greenbush, displayed what appeared to be a handgun, and demanded money. After taking $1,200 from the store’s safe and registers, Hunter directed the clerks to the store’s stock room, took one clerk’s cellphone, and left the store with the stolen money and cellphone. Hunter travelled to Idaho, where he entered a Dollar Tree store in Coeur d’Alene on May 28, displayed a stun gun, and demanded money. After stealing approximately $3,700, Hunter took a clerk’s cellphone and fled.
For each robbery, Hunter faces up to 20 years in prison, a fine of up to $250,000, and a term of post-release supervision of up to 3 years. Sentencing is scheduled for August 2, 2018 in Albany before Senior U.S. District Judge Frederick J. Scullin, Jr.
This case was investigated by the FBI, the North Greenbush Police Department, and the Enfield (Connecticut) Police Department, and is being prosecuted by Assistant United States Attorney Cyrus P.W. Rieck. The Idaho robbery was initially prosecuted by Assistant United States Attorney Traci Whelan of the District of Idaho.
Canadian Man Pleads Guilty to Marijuana SmugglingRead the Press Release
SYRACUSE, NEW YORK – Colin Stewart, age 41, of Elgin, Quebec, Canada, pled guilty today to conspiracy to distribute marijuana.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
Stewart 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. Stewart admitted to organizing the smuggling, to the paying of co-conspirators, and to personally transporting thousands of pounds of marijuana across the St. Lawrence River from Canada into the United States.
The plea agreement calls for Stewart to serve 135 months in prison when he is sentenced on August 7, 2018. The parties’ recommended sentence is subject to the approval of Chief United States District Judge Glenn T. Suddaby, who is presiding over the case.
The investigation and prosecution of Stewart was the result of a joint investigation by the DEA, Homeland Security Investigations (HSI), the United States Border Patrol, 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.
Walton, New York Creamery Subject of Permanent InjunctionRead the Press Release
SYRACUSE, NEW YORK - A federal court permanently enjoined a Walton, New York, creamery and its owner from manufacturing and distributing adulterated food, Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division and United States Attorney Grant C. Jaquith announced today.
In a complaint filed March 19 at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that Vulto Creamery LLC and its owner, Johannes H. Vulto, violated the Federal Food, Drug and Cosmetic Act by manufacturing and distributing ready-to-eat cheeses contaminated with the bacterium Listeria monocytogenes (L. mono). According to the complaint, a 2017 investigation by FDA and the Centers for Disease Control and Prevention (CDC) determined Vulto Creamery cheese was the source of a multistate listeriosis outbreak that sickened at least eight people, two of whom died. The defendants agreed to be bound by a consent decree filed with the complaint in U.S. District Court for the Northern District of New York.
“L. mono is a serious health threat that can prove fatal,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Consumers should be able to trust that the food they buy is safe, and we will continue working with FDA to take action against manufacturers that employ substandard practices.”
“The presence of this dangerous bacteria at a cheese manufacturing facility in Upstate New York is of grave concern,” said U.S. Attorney Grant C. Jaquith for the Northern District of New York. “We will continue to use all available tools to ensure that our food supply is safe and violations of laws protecting public heath are addressed.”
The complaint alleged that the defendants’ cheeses were prepared, packed or held under insanitary conditions. According to the complaint, company records revealed positive tests for a type of Listeria in the Vulto facility, but the defendants never attempted to identify the species of Listeria or its source. The complaint alleged the defendants also failed to conduct microbial testing of finished cheese products despite finding indications of Listeria on food contact surfaces. Vulto Creamery used raw, or unpasteurized, milk to make its ready-to-eat cheese.
The consent decree entered by the court permanently enjoins the defendants from violating the FDCA. Under the order, the defendants may not manufacture or distribute food unless they comply with specific remedial measures set forth in the decree. Among other requirements, the defendants must hire a qualified independent expert to develop an effective sanitation control program to adequately control for the risk of L. mono. Before manufacturing or distributing any food, defendants must first receive FDA’s written determination that their manufacturing practices comply with the law.
This matter was handled by Trial Attorney Natalie Sanders of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Michael Gadarian of the U.S. Attorney’s Office for the Northern District of New York, with the assistance of Associate Chief Counsel for Enforcement Leslie Cohen of the FDA’s Office of General Counsel, Department of Health and Human Services.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of New York, visit its website at https://www.justice.gov/usao-ndny.
District Court Enters Permanent Injunction Against New York Food Manufacturer Linked to Listeriosis OutbreakRead the Press Release
A federal court permanently enjoined a Walton, New York, creamery and its owner from manufacturing and distributing adulterated food, the Department of Justice announced today.
In a complaint filed March 19 at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that Vulto Creamery LLC and its owner, Johannes H. Vulto, violated the Federal Food, Drug and Cosmetic Act by manufacturing and distributing ready-to-eat cheeses contaminated with the bacterium Listeria monocytogenes (L. mono). According to the complaint, a 2017 investigation by FDA and the Centers for Disease Control and Prevention (CDC) determined Vulto Creamery cheese was the source of a multistate listeriosis outbreak that sickened at least eight people, two of whom died. The defendants agreed to be bound by a consent decree filed with the complaint in U.S. District Court for the Northern District of New York.
“L. mono is a serious health threat that can prove fatal,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Consumers should be able to trust that the food they buy is safe, and we will continue working with FDA to take action against manufacturers that employ substandard practices.”
“The presence of this dangerous bacteria at a cheese manufacturing facility in Upstate New York is of grave concern,” said U.S. Attorney Grant C. Jaquith for the Northern District of New York. “We will continue to use all available tools to ensure that our food supply is safe and violations of laws protecting public heath are addressed.”
The complaint alleged that the defendants’ cheeses were prepared, packed or held under insanitary conditions. According to the complaint, company records revealed positive tests for a type of Listeria in the Vulto facility, but the defendants never attempted to identify the species of Listeria or its source. The complaint alleged the defendants also failed to conduct microbial testing of finished cheese products despite finding indications of Listeria on food contact surfaces. Vulto Creamery used raw, or unpasteurized, milk to make its ready-to-eat cheese.
The consent decree entered by the court permanently enjoins the defendants from violating the FDCA. Under the order, the defendants may not manufacture or distribute food unless they comply with specific remedial measures set forth in the decree. Among other requirements, the defendants must hire a qualified independent expert to develop an effective sanitation control program to adequately control for the risk of L. mono. Before manufacturing or distributing any food, defendants must first receive FDA’s written determination that their manufacturing practices comply with the law.
This matter was handled by Trial Attorney Natalie Sanders of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Michael Gadarian of the U.S. Attorney’s Office for the Northern District of New York, with the assistance of Associate Chief Counsel for Enforcement Leslie Cohen of the FDA’s Office of General Counsel, Department of Health and Human Services.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of New York, visit its website at https://www.justice.gov/usao-ndny.
Onondaga Woman Pleads Guilty to Methamphetamine-Related ChargeRead the Press Release
SYRACUSE, NEW YORK – Lindsay Creiman, age 37, of Clay, New York, pled guilty today to possessing pseudoephedrine, knowing it would be used in the manufacture of methamphetamine, announced United States Attorney Grant C. Jaquith, U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division, and New York State Police Superintendent George P. Beach II.
As part of her guilty plea, Creiman admitted that on approximately 42 occasions between October 2015 and April 2017, she purchased pseudoephedrine pills from different drug stores in and around Onondaga County, New York, with an aggregate weight of approximately 91 grams. On approximately nine other occasions, Creiman attempted to purchase pseudoephedrine but was prevented from doing so, with the purchase being “blocked” by the pharmacy computers because she had exceeded store purchase limits. Creiman further admitted that she purchased the approximately 91 grams of pseudoephedrine knowing it was intended to be used in the manufacture of methamphetamine, and, in fact, gave the pills to others for that purpose, often receiving finished product methamphetamine, which she consumed.
Sentencing is scheduled for July 31, 2018, in Syracuse. The charge to which Creiman pled guilty carries a maximum term of imprisonment of 20 years, to be followed by a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the U.S. Drug Enforcement Administration, the New York State Police (NYSP), the New York State Intelligence Center (NYSIC), and, and was prosecuted by Assistant U.S. Attorney Carl Eurenius.
Mexican Citizen Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Amilcar Hernandez-Zunun, age 27, and a citizen of Mexico, pled guilty today to illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Hernandez-Zunun was removed from the United States to Mexico on November 7, 2012. On February 21, 2018, an ICE Officer arrested him in Cohoes, New York. Hernandez-Zunun admitted that he returned to the United States without permission following the 2012 removal.
Hernandez-Zunun faces up to 2 years in prison when he is sentenced by Senior United States District Judge Lawrence E. Kahn on July 25 2018. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Moreau Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
ALBANY, NEW YORK – Jonathon Rule, age 28, of Moreau, New York, was arraigned yesterday on an indictment charging him with failing to register as a sex offender.
The announcement was made by United States Attorney Grant C. Jaquith and David L. McNulty, United States Marshal for the Northern District of New York.
Rule appeared yesterday before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending trial.
The indictment alleges that Rule moved to Moreau from Detroit, Michigan, in January 2016, and lived there for approximately 2 years without registering as a sex offender. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Rule faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the United States Marshals Service Sex Offender Investigation Branch and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Eliseo Mario Angel-Roblero, age 36, and a citizen of Mexico, was sentenced today to time served (27 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, Angel-Roblero, a citizen of Mexico, admitted that he was removed from the United States to Mexico on July 8, 2008. On March 1, 2018, ICE Officers arrested Angel-Roblero in Troy, New York. Angel-Roblero was also previously removed from the United States to Mexico on June 5, 2008.
Angel-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.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Pedro Rivera Manton, age 45, and a citizen of Mexico, was sentenced today to time served (42 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, Rivera Manton, a citizen of Mexico, admitted that he was removed from the United States to Mexico on February 19, 2011. On February 13, 2018, an ICE Officer arrested Rivera Manton in Clifton Park, New York. Rivera Manton was also removed from the United States to Mexico on February 13, 2011, November 24, 2010, October 1, 2008, and September 25, 2008, for a total of 5 removals.
Rivera Manton 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.
U.S. Attorney’s Office and Rensselaer County Unite to Confront the Opiate EpidemicRead the Press Release
ALBANY, NEW YORK – The United States Attorney’s Office is partnering with the Rensselaer County Department of Health, Rensselaer County Sheriff’s Office, Rensselaer County District Attorney’s Office, Rensselaer County Heroin Coalition, the New York State Police and school districts throughout Rensselaer County to highlight the deadly effects of the opiate epidemic and to bring together all of the resources necessary to address it, announced United States Attorney Grant C. Jaquith. A range of events, including school assemblies and evening community events, continue throughout March to unite private citizens, service providers, and law enforcement agencies to ‘get out in front’ of this deadly epidemic.
“We are experiencing the deadliest drug epidemic in our nation’s history,” said United States Attorney Jaquith. “Drug overdoses are now the leading cause of death among Americans under 50. About two-thirds of the deaths are from opioids overdoses involving prescription painkillers, heroin, and fentanyl. Aggressive enforcement is important to punish the poison peddlers who play Russian roulette with the lives of their customers and the rogue doctors who prescribe pills for illicit profits, but prevention is the best protection. We are pleased to partner with the Rensselaer County Department of Health, Rensselaer County Sheriff’s Office, Rensselaer County District Attorney’s Office, Rensselaer County Heroin Coalition, and school districts throughout Rensselaer County, the New York State Police, the Drug Enforcement Administration, and the Federal Bureau of Investigation to increase public awareness, resilience and reduce the tragedies regularly striking families in our region.”
“There have been record numbers of Rensselaer County families affected by the opioid epidemic, with too many deaths, overdoses, and damaging, life-altering addictions. Rensselaer County appreciates the help and support of the U.S. Attorney's Office for the Northern District of New York to fight this deadly problem and help save lives,” said County Executive Steve McLaughlin.
“The Rensselaer County Sheriff’s Office is pleased to be part of this very important effort. The more we can do to bring awareness to this issue and educate the public the better,” said Sheriff Patrick Russo, Rensselaer County Sheriff and Co-Chair of the Rensselaer County Heroin Coalition.
“As the Public Health Director of Rensselaer County and Co-Chair of the Rensselaer County Heroin Coalition, we work daily to combat the opioid epidemic in our county. This campaign brings hope and awareness to the students of our school districts and within our surrounding communities,” said Mary Fran Wachunas.
All of the events include a viewing of Chasing the Dragon: The Life of An Opiate Addict (https://www.fbi.gov/news/stories/raising-awareness-of-opioid-addiction ) followed by an Interactive Community Response Panel to discuss the epidemic impact locally. The range of panelists include parents whose children are addicts, a young person who is addicted and in treatment, school counselors, treatment counselors, first responders, Sheriff’s Deputies and New York State Troopers, an Assistant United States Attorney, the District Attorney, a pharmacist, a funeral home, a recovery coach, people in recovery, and students who have made the commitment to be alcohol and drug free. In a facilitated discussion, the panelists illustrate the progression of use/abuse/addiction, the impact on individuals, families, schools, agencies and demonstrate how systems respond. All are welcome at the evening community-wide events.
UNITED TO FIGHT IT – Chasing the Dragon events
Brunswick Central School District - March 20, 2018
Daytime assembly for junior & senior high school students
Hoosic Valley School District - March 21, 2018
Daytime assembly for junior & senior high school students
Hoosic Valley & Brunswick School Districts - March 21, 2018
Combined evening joint community-wide event
Maple Hill Junior & Senior High School - March 27, 2018
Evening community-wide event
Averill Park School District - April 6, 2018
Evening community meeting
Catholic Central School - May 1, 2018
Evening community-wide event
City School District of Troy - May 17, 2018
Daytime assembly for junior & senior high school students
Evening community-wide event
Rensselaer City & E. Greenbush School Districts
Daytime school assemblies for junior & senior high school students
Combined evening joint community-wide event
May 2018 dates to be announced
Other school districts may also deliver assemblies and community-wide events. Go to the www.rensco.com website for updates or call the Rensselaer County Health Department at 518-270-2626.
Jamesville Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Cody Childress, age 29, of Jamesville, New York, pled guilty today in United States District Court to one count of receipt of child pornography and one count of possession of child pornography, announced United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation.
Childress, who was ordered detained in custody pending his sentencing, faces a minimum sentence of at least five years and up to 20 years of imprisonment for distribution of child pornography and up to 20 years of imprisonment for receipt of child pornography. Childress will also be required to serve a term of supervised release of between five years and life, and will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
As part of his guilty plea, Childress admitted that he received images of child pornography through a Peer-to-Peer file-sharing program. A search of Childress’s laptop computer revealed that he possessed 51 videos depicting child pornography. Sentencing is scheduled for August 2, 2018, in Syracuse, New York.
Childress’s case was investigated by the New York State Police, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Rigoberto Pacheco-Estefes, age 25, and a citizen of Mexico, was sentenced today to time served (49 days in jail) for 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 guilty plea, Pacheco-Estefes admitted that he was last removed from the United States to Mexico on November 28, 2015. On February 2, 2018, a Border Patrol Agent arrested Pacheco-Estefes in Champlain, New York. Pacheco-Estefes was also removed to Mexico on October 5, 2015 and October 19, 2015.
Pacheco-Estefes was remanded to the custody of the Department of Homeland Security for removal proceedings.
This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Brooklyn Man Sentenced to 188 Months for Intending to Distribute Large Quantities of Cocaine and MarijuanaRead the Press Release
ALBANY, NEW YORK - Oniel McKenzie, age 37, of Brooklyn, New York, was sentenced today to 188 months in prison following an October 2017 jury conviction for possession with intent to distribute large quantities of cocaine and marijuana found in Rensselaer County.
The announcement was made by United States Attorney Grant C. Jaquith and James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
United States District Judge Mae A. D’Agostino also sentenced McKenzie to a 5-year term of supervised release, to begin after he is released from prison.
McKenzie’s conviction in October followed a 3-day jury trial. The evidence at trial showed that on October 4, 2013, McKenzie possessed 60 kilograms of cocaine in an apartment in North Greenbush, and more than 100 kilograms of marijuana in a storage unit he rented in Rensselaer, New York, and in a Jeep he was driving.
This case was investigated by the DEA and its Capital District Drug Enforcement Task Force, and was prosecuted by Assistant U.S. Attorney Daniel Hanlon.
Schenectady Man Indicted for Distributing Heroin and Crack CocaineRead the Press Release
ALBANY, NEW YORK – William Hale, a/k/a “Man,” age 44, of Schenectady, New York, was arraigned yesterday on charges that he distributed heroin and crack cocaine.
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).
According to the indictment, Hale distributed heroin on July 14, 2016 and distributed more than 28 grams of cocaine base (a/k/a crack cocaine) on November 18, 2016. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, 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. 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.
Hale was arraigned yesterday before United States Magistrate Judge Daniel J. Stewart. Today, Judge Stewart ordered Hale detained pending trial.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Saratoga Springs Man Indicted for Fentanyl Overdose DeathRead the Press Release
ALBANY, NEW YORK – Steven M. Boice, age 28, of Saratoga Springs, New York, was indicted today on a charge of distributing fentanyl that caused an overdose death in Saratoga County in February 2017.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); and Saratoga Springs Police Department Chief Gregory Veitch.
According to the indictment, on February 3, 2017, Boice distributed furanyl fentanyl to a person with the initials B.L., who died from ingesting that furanyl fentanyl.
Boice also faces charges of possessing two firearms – a DPMS Panther Arms semi-automatic rifle and a Mossberg Maverick shotgun – in furtherance of a drug trafficking crime, as well as possession with intent to distribute furanyl fentanyl. Furanyl fentanyl is a fentanyl analogue that the DEA Administrator listed as a Schedule I controlled substance in November 2016.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of all charges, Boice faces at least 25 years and up to life in prison, as well as 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.
Boice will be arraigned at a later date. He has been in custody since February 10, 2017, when Saratoga Springs Police arrested him on state charges following a search of his residence. During the search, Saratoga Springs Police and the DEA located approximately 360 bags containing furanyl fentanyl, the semi-automatic rifle and shotgun, and high-capacity ammunition magazines, according to a criminal complaint previously filed in this case.
This case is being investigated by the DEA and its Capital District Drug Enforcement Task Force, which includes members of the Saratoga Springs Police Department, Rensselaer County Sheriff’s Office, New York State Police, Saratoga County Sheriff’s Office, and Washington County Sheriff’s Office. The Saratoga County District Attorney’s Office is also assisting in the investigation.
This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Five Indicted in Hudson Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Five residents of Hudson, New York, have been indicted for their involvement in a crack cocaine distribution ring that operated in Columbia County.
The announcement was made by United States Attorney Grant C. Jaquith; New York State Police Superintendent George P. Beach II; and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The following defendants have been arrested and charged by indictment:
- Archie Evans, a/k/a “A.J.,” age 41
- Bryce D. Hallback, a/k/a “Bruce,” age 32
- Julan E. Morrison, a/k/a “Weez,” age 37
- William C. Morrison, a/k/a “Whoody,” age 31
- Steven M. Richardson, a/k/a “Fetty,” age 35
Each defendant is charged with conspiring to distribute and possess with intent to distribute crack cocaine between August and December 2017. The charges are merely accusations. The defendants are presumed innocent unless and until proven guilty.
If convicted, each defendant faces at least 10 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the New York State Police’s Special Investigations Unit, the FBI, and the Hudson Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Mexican Citizen Sentenced to 57 Months for Money Courier Role in Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Eduardo Nunez Serna, age 44, and a citizen of Mexico, was sentenced today to 57 months in prison for conspiring to launder the proceeds of a large cocaine trafficking organization.
The announcement was made by United States Attorney Grant C. Jaquith; James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA); James D. Robnett, Special Agent in Charge of the New York Field Office of IRS-Criminal Investigation; and Special Agent in Charge Kevin Kelly of Homeland Security Investigations (HSI), Buffalo Field Office.
Between August 2014 and March 30, 2016, a money laundering and drug trafficking organization based in Montreal, Canada, collected cash from selling marijuana in the United States and cocaine in Canada. The cash was delivered to couriers in, among other places, Albany County, Ulster County, and Montreal so that the cash could be delivered, either by a courier or by wire, to cocaine suppliers to purchase cocaine. At least $1 million was sent to Chicago, Los Angeles, Peru, Mexico and Colombia; money was also wired to China. The organization then arranged for the smuggling of cocaine back to Canada, and transported some of the cocaine through northern New York.
Nunez Serna, an illegal alien, acted as a money courier based in Chicago, Illinois, where he lived. Nunez Serna picked up cash sent by the money laundering and drug trafficking organization from the sale of marijuana in northern New York on at least two occasions. He forwarded this money to a cocaine supplier based in Acapulco, Mexico. On October 27, 2015, law enforcement searched Nunez Serna’s residence and found $710,827 in cash as well as a money ledger denoting transactions. Nunez Serna also had cellophane wrapping, duct tape, rubber bands, a heat sealer, money counter, and other packaging items used to count and repackage this cash.
United States District Judge Mae A. D’Agostino also sentenced Nunez Serna to a 3-year term of post-imprisonment supervised release, to begin after he is released from prison and in the event he remains in the country. Nunez Serna was also ordered to forfeit $355,000 in drug proceeds.
As part of the same case, all of the following people have pled guilty to conspiracy to commit international or promotional money laundering. Iraklis Haviaropoulos, Carlos Alberto Ocampo Garcia, and Jose Mauricio Ortiz Bolanos have also pled guilty to conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, before Judge D’Agostino:
Name
Age
Residence
Charges
Sentencing Date
Iraklis Haviaropoulos
41
Montreal, Canada
Cocaine conspiracy > 5 kilograms
International money laundering conspiracy
May 23
Carlos Alberto Ocampo Garcia
56
Cali, Colombia
Cocaine conspiracy > 5 kilograms
International money laundering conspiracy
May 30
Jose Mauricio Ortiz Bolanos
30
Cali, Colombia
Cocaine conspiracy > 5 kilograms
International money laundering conspiracy
May 31
James DeSantis
56
Pompano Beach, Florida
International money laundering conspiracy
May 30
This case is the result of the close cooperative efforts of the DEA, including the Albany District Office and DEA offices in Peru, Mexico, Colombia, Guatemala, Chicago, Detroit, Los Angeles, and Worcester, Massachusetts; IRS-Criminal Investigation and HSI. These federal agencies worked closely with the Sûreté du Québec, the Canada Border Services Agency, the Peruvian National Police, and the Colombian National Police. U.S. Border Patrol, the Malone Police Department, the New York State Police, the Chicago Police Department, the Massachusetts State Police, and the Watervliet Police Department also provided assistance. This case is being prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
Columbia County Man Arrested on Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – James Brady, age 68, of Philmont, New York, was arrested and charged earlier this month with distribution and receipt of child pornography.
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).
Brady was arrested on March 1 and appeared in Albany before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending trial.
If convicted, Brady faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life, as well as mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Albany Field Office at (518) 465-7551.
This case is being investigated by the FBI and New York State Police, and is being prosecuted by Assistant United States Attorney Sahar L. Amandolare.
This multi-agency approach is a hallmark 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.
Chenango County Woman Pleads Guilty to Defrauding IRSRead the Press Release
BINGHAMTON, NEW YORK – Lavyette Anna Louisa Garcia, age 41, of Oxford, New York, pled guilty today to making a false claim against the United States and to assisting in the preparation of a false tax return.
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 IRS-Criminal Investigation.
As part of her guilty plea, Louisa Garcia admitted that she prepared tax returns for a fee while residing in Oxford and also Norwich, New York. She admitted to preparing at least 110 false tax returns between 2011 and 2014, resulting in an intended loss to the United States of $848,196.
Louisa Garcia admitted to preparing a 2012 tax return for a customer that falsely claimed self-employment income and several tax credits. Lavyette Garcia also admitted to preparing a 2009 tax return for another customer that falsely claimed income and several tax credits. These false returns caused the United States Treasury Department to issue refunds to which the taxpayers were not entitled.
Louisa Garcia faces up to 8 years in prison, post-imprisonment supervised release of up to 3 years, and a maximum $250,000 fine, when she is sentenced on July 17, 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 IRS-Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
Bronx Woman Sentenced for Distributing HeroinRead the Press Release
ALBANY, NEW YORK – Lourdes Rivera, age 40, of the Bronx, New York, was sentenced today to time served (44 days in jail) for distributing heroin.
The announcement was made by United States Attorney Grant C. Jaquith and James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
United States District Judge Mae A. D’Agostino also sentenced Rivera to 3 years of post-imprisonment supervised release, including 6 months of home confinement.
Rivera, formerly of Albany, pled guilty in July 2017. Rivera admitted that she obtained heroin from suppliers in the Bronx and Amsterdam, New York. She sold the heroin on more than 6 occasions during the summer of 2016.
On July 25, 2016, law enforcement searched Rivera’s residence in Albany and found 160 small bags of heroin. A search of Rivera herself located a hidden bag that contained 58.3 grams of heroin.
This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.
Johnson City Man Arrested for Sexual Exploitation of a MinorRead the Press Release
SYRACUSE, NEW YORK – Michael Rushmer, age 46, of Johnson City, New York, was arrested and charged with sexual exploitation of a minor, and distribution and receipt of child pornography, announced 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).
FBI and Johnson City Police arrested Rushmer at his home in Johnson City, New York, on March 14, 2017. The defendant appeared in federal court in Syracuse before United States Magistrate Judge Thérèse Wiley Dancks and was ordered detained without bail pending trial.
If convicted of sexual exploitation of a child, Rushmer faces a mandatory minimum term of 15 years and a maximum sentence of 30 years in prison. Rushmer also faces a fine of up to $250,000 and a term of post-imprisonment supervised release of at least 5 years and up to life, as well as mandatory registration as a sex offender. The distribution and receipt of child pornography charges carry mandatory minimum sentences of 5 years and up to 20 years in prison on each count. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI, the Johnson City Police Department, and the Broome County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Sahar L. Amandolare.
This multi-agency approach is a hallmark 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.
Ithaca Man Charged with Possession of a Silencer, Explosives and Fraudulent Firearm PurchaseRead the Press Release
SYRACUSE, NEW YORK - Maximilien R. Reynolds, age 19, of Ithaca, New York, was arrested and charged with possession of a destructive device and a silencer, as well as aiding and abetting the “straw purchase” of a rifle.
The announcement was made by United States Attorney Grant C. Jaquith; Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Ashan M. Benedict, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); City of Ithaca Police Chief Pete Tyler; and Tompkins County District Attorney Matthew Van Houten.
Reynolds appeared today in United States District Court in Syracuse on a criminal complaint alleging that he possessed the silencer and destructive device in his apartment in Ithaca, and aided and abetted in the straw purchase of a rifle. The defendant has been ordered held without bail pending a hearing.
The charges alleging Maximilien R. Reynolds possessed a firearm and silencer each carry a maximum sentence of up to 10 years in prison, a term of post-imprisonment supervised release of up to 3 years, and fine of up to $10,000. The charges alleging that the defendant aided and abetted in the straw purchase of a rifle each carry a maximum sentence of up to 10 years in prison, a term of supervised release of up to 3 years, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI, the ATF, the City of Ithaca Police Department, the New York State Police, and the Cornell University Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Southwick, with assistance from the Tompkins County District Attorney’s Office.