Northern District of New York

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.

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].

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.

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, 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.

 

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.

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.

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.

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.

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.

 

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

 

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.

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.

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.

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.

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. 

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.

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.

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.

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.

 

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.

ALBANY, NEW YORK – Preston James, age 39, of Brooklyn, New York, was sentenced today to 132 months in prison for distributing crack cocaine on four occasions.

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); and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

James pled guilty on June 7, 2017.  He admitted that he sold crack cocaine on April 6, April 9, April 21, and April 29, 2015.  The crack cocaine from the four sales weighed more than 95 grams. 

United States District Judge Mae A. D’Agostino also sentenced James to an 8-year term of supervised release, to begin after James is released from prison.

This case was investigated by the DEA and FBI, and prosecuted by Assistant U.S. Attorney Elizabeth R. Rabe.

ALBANY, NEW YORK – Damian Quillinan, age 43, of Ballston Spa, New York, was sentenced today to 96 months in prison for receipt and possession 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).

United States District Judge Mae A. D’Agostino also sentenced Quillinan to a life term of supervised release, to begin following his term of imprisonment.  Quillinan will also be required to register as a sex offender upon his release from prison.

Quillinan pled guilty on November 13, 2017.  He admitted that on July 29, 2016, he used his phone to download child pornography from the Internet.  Quillinan further admitted to downloading and storing more than 14,000 child pornography videos and images on various computers and external hard drives in his residence between February 2014 and August 2016.

This case was jointly investigated by the FBI and the New York State Police, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

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 http://www.justice.gov/psc/.

ALBANY, NEW YORK – Cruz Juvenal Vasquez-Rojo, age 40, and a citizen of Mexico, was sentenced today to time served (50 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, Vasquez-Rojo admitted that he was removed from the United States to Mexico on October 29, 2010 and again on April 7, 2011.  On January 22, 2018, he was encountered and arrested by an ICE Officer in Schenectady, New York.    

Following his sentencing, Vasquez-Rojo 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.

 

ALBANY, NEW YORK – Juan Luis Ortiz Jimenez, age 32, and a citizen of Guatemala, was sentenced today to time served (74 days in jail) for possessing a fraudulent green card.

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, Ortiz Jimenez admitted that he possessed a counterfeit permanent residency card (“green card”) in Colonie, New York, on December 28, 2017.  ICE Officers found Ortiz Jimenez to be in possession of the counterfeit green card when they arrested him on December 28 for being unlawfully present in the United States.

Following his sentencing, Ortiz Jimenez 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.

ALBANY, NEW YORK – A jury today voted to convict Duane Griffin, age 35, of Schenectady, New York, of setting fire to a Union Street building, following a 4-day trial.

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). 

The evidence at trial demonstrated that on March 17, 2012, Griffin, while in possession of a hand-held propane torch, climbed the fire escape of the building located at 605 Union Street in Schenectady and entered the building through either a second-story window or doorway.  Once inside the building, Griffin used the torch to set the building on fire.  Griffin then fled the scene in his pick-up truck – which was captured by nearby bank surveillance video.  The resulting fire caused significant structural damage to the building, resulting in a finding that the building was a public safety hazard.  The building was demolished a few days after the fire.

Griffin will be sentenced on July 6, 2018 by United States District Judge Mae A. D’Agostino.  He faces at least 5 years and up to 20 years in prison and up to 3 years of post-imprisonment supervised release. 

This case was investigated by the ATF and Schenectady Fire Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

 

ALBANY, NEW YORK – Myra Mabry, age 48, a doctor of osteopathic medicine residing in Catskill, New York, was arrested today and charged with distributing controlled substances outside the course of professional practice and for no legitimate medical purpose.

The announcement was made by United States Attorney Grant C. Jaquith; James J. Hunt, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Field Division; and Joshua Vinciguerra, Director of the New York State Department of Health, Bureau of Narcotic Enforcement.

According to a criminal complaint, Mabry authorized approximately 51 prescriptions for the controlled substance oxycodone, between May 2015 and January 2017, that a co-conspirator filled and picked up at pharmacies in Greene County.  Additionally, between November 2015 and June 2017, Mabry authorized approximately 44 prescriptions for the controlled substances oxycodone and hydromorphone, which were issued to another person but which Mabry filled and picked up at a Greene County pharmacy.

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

Mabry appeared today in Albany before United States Magistrate Judge Daniel J. Stewart, who ordered her detained pending a detention hearing on Monday, March 12.

If convicted, Mabry faces up to 20 years in prison, at least 3 years of post-imprisonment supervised release, and a maximum $1 million fine.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the DEA and the New York State Department of Health, Bureau of Narcotic Enforcement, with assistance from the Catskill Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Daniel J. Fillerup, age 34, of Albany, New York, was charged today with distribution of fentanyl that resulted in another person’s death.

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); and Schenectady Police Chief Eric Clifford.

Fillerup appeared today before United States Magistrate Judge Daniel J. Stewart and was ordered detained pending further proceedings.

According to the criminal complaint, on September 29, 2016, Fillerup distributed fentanyl to a woman identified as “K.C.”  When it became apparent that K.C. was in distress from using the drugs, Fillerup brought her to the Ellis Hospital Emergency Room.  Minutes after bringing her to the hospital, Fillerup left, but was located later that day by Schenectady Police.  K.C.’s cause of death was cardiac arrhythmia due to fentanyl intoxication.

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

If convicted of the offense of distributing a controlled substance resulting in death, Fillerup faces at least 20 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 was investigated by the FBI and the Schenectady Police Department, with assistance from the Saratoga County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – David H. Carlton, age 47, of Glens Falls, New York, pled guilty today to selling a firearm to a felon.

The announcement was made by United States Attorney Grant C. Jaquith; Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and New York State Police Superintendent George P. Beach II.

As part of his plea, Carlton admitted that in the spring of 2016, he sold a Mossberg shotgun to George Allen, whom he knew to be a felon.  Carlton purchased the shotgun online for $175 and sold it to Allen for $250.  Allen was found with the shotgun – which was loaded -- in his vehicle during a traffic stop by New York State Police on August 1, 2016 in Queensbury, New York.

Allen pled guilty on June 5, 2017 to being a felon in possession of a firearm and ammunition, and is scheduled to be sentenced on April 3, 2018.  Carlton’s sentencing is scheduled for August 1, 2018 before Senior United States District Judge Frederick J. Scullin, Jr..

Carlton and Allen each face up to 10 years in prison, up to 3 years of 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. 

This case is being investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Tyler Hargrave, age 19, of Massena, New York, was arrested today in connection with an indictment charging him with the transportation, receipt, and possession of child pornography, announced United States Attorney Grant C. Jaquith, Resident Agent in Charge Russell Linstad, U.S. Department of Homeland Security, Homeland Security Investigations (HSI), Massena, New York, and New York State Police Superintendent George P. Beach II. 

Hargrave was arrested by HSI Special Agents and New York State Police at his home in Massena, New York.  The defendant appeared in federal court in Syracuse was ordered detained in custody without bail pending a hearing scheduled for March 9, 2018.  

If convicted, Tyler Hargrave faces a mandatory minimum term of 5 years and a maximum sentence of 20 years in prison, a fine of up to $250,000.00 and a term of 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 indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

This case is being investigated by U.S. Department of Homeland Security, Homeland Security Investigations (HSI), and the 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.

ALBANY, NEW YORK – Shaiquan Wright, age 21, of Schenectady, New York, pled guilty today to unlawfully possessing a firearm as a felon, announced 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, Wright admitted that on September 28, 2017, he possessed a Raven Arms, Model MP 25, .25 caliber pistol, while walking in Schenectady.  

Wright 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.  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.  Sentencing is scheduled for August 1, 2018 before Senior United States District Judge Frederick J. Scullin, Jr.  

This case was investigated by the ATF and Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

SYRACUSE, NEW YORK – Loren Redhead, age 40, formerly of Hastings, New York, pled guilty today to possessing pseudoephedrine, knowing it would be used to manufacture 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 his guilty plea, Redhead admitted that on approximately 58 occasions between October 2015 and April 2017, he purchased pseudoephedrine pills from different drug stores in and around Onondaga County, New York, with an aggregate weight of approximately 112 grams. On approximately 47 other occasions, Redhead tried to purchase pseudoephedrine but was unable to do so because his attempts were blocked by the pharmacy computers since he had exceeded store purchase limits.  The defendant knew there were restrictions on the sale of pseudoephedrine, and to avoid scrutiny he often rotated the stores where he bought the pills. Redhead further admitted that he purchased the approximately 112 grams of pseudoephedrine knowing and intending it to be used in the manufacture of methamphetamine, and he personally manufactured methamphetamine himself with the pseudoephedrine he had purchased.

Redhead’s sentencing is scheduled for July 6, 2018, in Syracuse. The charge to which Loren Redhead pled guilty carries a maximum term of imprisonment of 20 years, and a term of supervised release of up to 3 years.   Redhead was remanded to custody following his plea of guilty. 

This case was investigated by the New York State Police, including the NYSP Contaminated Crime Scene Emergency Response Team (CCERT), the New York State Intelligence Center (NYSIC), and the DEA, and is being prosecuted by Assistant U.S. Attorney Carl Eurenius.

SYRACUSE, NEW YORK – Anthony Wills, age 37, of Las Vegas, Nevada, was sentenced yesterday to serve 70 months in prison for his role in marijuana and money laundering conspiracies, 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).

Anthony Wills pled guilty on April 15, 2016 and admitted that between January 2011 and August 2015, he conspired with a Utica resident and others to possess with intent to distribute and distribute 100 kilograms or more of marijuana.  As part of the conspiracy, Wills and other co-conspirators frequently obtained marijuana from different sources of supply in California and shipped or caused the marijuana to be shipped to various parts of the United States, including the Utica, New York area. In pleading guilty, Wills admitted that through his participation in the marijuana conspiracy he was personally responsible for more than 100 but less than 400 kilograms of marijuana.

To pay for the marijuana that was shipped to them in Utica, co-conspirators made cash deposits into various bank accounts, some held in the names of third party nominees, which were then withdrawn immediately in Las Vegas by Wills or by others members of the conspiracy acting at his direction. The co-conspirators in Utica, New York, also mailed or caused to be delivered, cash or blank money orders to Wills as payment for the marijuana. Wills then purchased additional marijuana from sources of supply in Northern California. 

Wills knew these financial transactions involved proceeds from the marijuana distribution conspiracy and were done to conceal the true nature, source, and control of the funds. As part of his guilty plea Wills admitted that by his participation conspiracy he was responsible for laundering $1,274,310.00, in drug proceeds. 

In addition to his term of imprisonment, Wills was also sentenced to four years of supervised release and ordered to pay a money judgement in the amount of $1,274,310.

This case was investigated by the Syracuse Office of the Federal Bureau of Investigation (FBI), the Oneida County District Attorney’s Office, the New York State Police (NYSP), the United States Internal Revenue Service (IRS), the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF), and was prosecuted by Assistant U.S. Attorney Carl Eurenius and Oneida County Assistant District Attorney Grant Garramone.

ALBANY, NEW YORK - A jury today voted to convict Yana Potapova, age 29, and a Russian citizen residing in Schenectady, New York, of conspiracy to commit marriage fraud following a 5-day trial.

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

Potapova faces up to 5 years in prison when she is sentenced on July 10, 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.

The evidence at trial demonstrated that in April 2014, Potapova and U.S. citizen Brett Thompson agreed to marry in order to obtain lawful immigration status for Potapova.  Potapova was illegally present in the United States, having overstayed on a visitor visa.  In return for agreeing to marry – and stay married to – Potapova, Thompson received approximately $3,500 over the course of the marriage.  In May 2015, in connection with her application to obtain permanent residency, Potapova falsely represented to United States Citizenship and Immigrations Services that she and Thompson lived together at an address in Albany.

Thompson previously pled guilty to conspiracy to commit marriage fraud, and is awaiting sentencing.

This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK – Brennan McNeil, age 26, of Albany, New York, pled guilty yesterday to sexually exploiting a child for the purpose of producing 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.

As part of his guilty plea, McNeil admitted that, in early 2017, he produced a video of a 10-year-old child being subjected to sexually explicit conduct.  McNeil produced the video in North Carolina, where he lived at the time, and saved it on a thumb drive that he brought with him when he moved, in May 2017, from North Carolina to New York

McNeil, who has been in custody since his arrest on June 21, 2017, is scheduled to be sentenced on June 5, 2018, by Senior United States District Judge Thomas J. McAvoy.  He faces at least 15 years and up to 30 years in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a maximum $250,000 fine.  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.  McNeil will also have to register as a sex offender when he is released from prison. 

This case was investigated by the FBI, the Colonie Police Department, and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and Katherine Kopita. 

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

ALBANY, NEW YORK – George Muzio, Jr., age 36, of Cohoes, New York, was arraigned Friday on a superseding indictment charging him with the production of child pornography. 

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

The superseding indictment alleges that in 2014 and 2015, Muzio sexually exploited two child victims, ages 11 and 13, for the purposes of producing child pornography.  Muzio also faces charges of distributing and possessing child pornography, for which he was originally indicted in February 2017.  The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

At a detention hearing on Friday, United States Magistrate Judge Daniel J. Stewart ordered Muzio detained pending trial. 

If convicted of producing child pornography, Muzio faces at least 15 years and up to 30 years in prison per count of conviction.  If convicted of distributing child pornography, Muzio faces at least 5 years and up to 20 years in prison per count.   The Court may also impose a fine of up to $250,000, and must impose 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, Muzio would also be required to register as a sex offender.

This case is being investigated by Homeland Security Investigations (HSI) and prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.

This case is prosecuted as a 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.

SYRACUSE, NEW YORK – Keith Eric Jergensen, age 58, of Salt Lake City, Utah, was sentenced today to 59 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.

Jergensen and co-defendant Debashis Ghosh, age 53, of Chicago, Illinois, 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 Jergensen to pay $2.5 million in restitution to his victims.  Jergensen was taken into custody following the sentencing.

United States Attorney Grant C. Jaquith stated: “Jergensen stole $2.5 million from investors trying to bring an innovative business and jobs to Plattsburgh, and then tried to cover up his theft with years of lies.  Today’s sentence holds Jergensen accountable for his greed and treachery.”

FBI Special Agent in Charge Vadim D. Thomas stated: “Jergensen and Ghosh abused their investors’ trust, as well as their money.  The FBI is dedicated to investigating these crimes because of their lasting impact on the lives of the victims and our community as a whole.”

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. 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.

Ghosh is scheduled to be sentenced on April 2 in Syracuse.

This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Nelson Rodriguez, age 38, of Amsterdam, New York, was arraigned yesterday on an indictment charging him with narcotics and firearms offenses.

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

A four-count indictment charges Rodriguez with conspiring to distribute cocaine base, or “crack,” from approximately June 2017 until August 3, 2017; possession with intent to distribute cocaine base; possession of a handgun in furtherance of a drug trafficking crime; and possession of a firearm by a convicted felon.  The charges in the indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

If convicted, Rodriguez faces up to 20 years in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life.  Rodriguez also faces a consecutive sentence of 5 years in prison if convicted of possessing a firearm in furtherance of a drug trafficking crime.  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.

Rodriguez was arraigned yesterday in Albany before United States Magistrate Judge Daniel J. Stewart and detained pending a trial scheduled before Senior United States District Judge Gary L. Sharpe.

This case is being investigated by the Amsterdam Police Department and the ATF, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

SYRACUSE, NEW YORK – Derek Indivero, age 25, of Syracuse, New York, was arrested and charged with enticing a 12-year old victim into engaging in sexual activity using a facility of interstate commerce and subsequently attempting to entice the same 12-year old victim into engaging in additional sexual activity using a facility of interstate commerce, 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).

Indivero was arrested yesterday by the FBI and New York State Police at a location in Onondaga County where he intended to meet for a second time with the 12-year old girl following arrangements he made using a mobile communications device, according to a federal criminal complaint. The defendant appeared in federal court (Syracuse) today to face the charge and was ordered detained in custody without bail pending a hearing scheduled for March 6, 2018.

The charges filed against Derek Indivero carry a minimum sentence of 10 years and up to life imprisonment, a fine of up to $250,000.00 and a term of 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.

Persons with information relating to this investigation should contact the FBI Syracuse Resident Agency at (315) 424-2400.

This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police- Bureau of Criminal Investigation, with assistance from the Onondaga County District Attorney’s Office, the Onondaga County Sheriff’s Department Abused Person’s Unit and the McMahon/Ryan Child Advocacy Center, and is being prosecuted by Assistant U.S. Attorney Geoffrey 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), 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.