Northern District of New York
Press releases recorded for this federal judicial district.
Brooklyn Man Sentenced to 132 Months for Distributing Crack CocaineRead the Press Release
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.
Ballston Spa Man Sentenced to 96 Months for Child Pornography OffensesRead the Press Release
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/.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
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.
Guatemalan Man Sentenced for Immigration FraudRead the Press Release
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.
Jury Convicts Schenectady Man of ArsonRead the Press Release
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.
Catskill Doctor Arrested for Unlawful Drug DistributionRead the Press Release
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 Man Charged in Connection with Fatal OverdoseRead the Press Release
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.
Glens Falls Man Admits Illegal Gun SaleRead the Press Release
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.
St. Lawrence County Man Arrested on Child Pornography ChargesRead the Press Release
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.
Schenectady Man Pleads Guilty to Possession of a Firearm as a FelonRead the Press Release
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.
North Country Man Pleads Guilty to Methamphetamine-Related ChargesRead the Press Release
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.
Las Vegas Man Sentenced on Marijuana and Money Laundering ChargesRead the Press Release
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.
Jury Convicts Russian Woman of Marriage FraudRead the Press Release
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 Man Pleads Guilty to Producing Child PornographyRead the Press Release
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/.
Cohoes Man Charged with Producing Child PornographyRead the Press Release
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.
Utah Man Sentenced to 59 Months for Defrauding Plattsburgh CompanyRead the Press Release
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.
Amsterdam Man Charged with Gun and Drug OffensesRead the Press Release
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 Man Arrested on Child Sex Enticement ChargesRead the Press Release
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.
Misdemeanor Immigration Prosecutions – January and February 2018Read the Press Release
ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from January and February 2018. All defendants were or will be placed into removal proceedings, by the Department of Homeland Security, following the completion of their sentences.
Citizen of Haiti Sentenced For Illegal Entry
Keetzall Baptiste, age 38, of Haiti, was sentenced on January 2 to 23 days in jail, following his plea to illegally entering the United States from Canada.
Baptiste admitted that he crossed the border approximately one-half mile east of the Champlain Port of Entry on December 18, 2017. He was found and arrested by Border Patrol Agents as he was walking south away from the border.
Two Citizens of Uzbekistan Sentenced For Illegal Entry
Bahodir Rustamov, age 38, of Uzbekistan, was sentenced on January 11 to 19 days in jail and Davlat Ahmedov, age 29, of Uzbekistan, was sentenced to 27 days in jail on January 18, following their respective guilty pleas to illegally entering the United States.
Rustamov and Ahmedov each admitted that together they walked across the border about four miles west of the Mooers Port of Entry a few minutes after midnight on the morning of December 30, 2017. They were arrested together as they hid in the woods approximately one hour after they crossed the border.
Citizen of Mali Sentenced For Illegal Entry
Hacim Oumar Idar Rachid, age 28, of Mali, was sentenced on January 16 to 30 days in jail, following his guilty plea to illegally entering the United States.
Rachid admitted that he walked across the border without inspection two miles west of the Champlain Port of Entry on December 29, 2017. He was arrested by Border Patrol Agents as he was being driven away from the border.
Citizen of Romania Sentenced For Illegal Entry
Dan-Stefan Cirpaci, age 29, of Romania, was sentenced on January 25 to 30 days in jail, following his guilty plea to illegally entering the United States from Canada.
Cirpaci admitted that he crossed the border approximately one mile west of the Churubusco Port of Entry on January 2. He was found and arrested by Border Patrol Agents as he was trying to leave the border area. Cirpaci was a passenger in a car that was stopped by Border Patrol near the border.
Citizen of Haiti Sentenced For Illegal Entry
Idoinien Saint Fleur, age 44, of Haiti, was sentenced on January 25 to time served (51 days in jail) and to pay a $500 fine, following his guilty plea to illegally entering the United States from Canada.
Saint Fleur admitted that he crossed the border approximately one-quarter mile east of the Champlain Port of Entry on December 5, 2017. He was found and arrested by Border Patrol Agents as he was trying to leave the border area.
Citizen of Canada Sentenced For Illegal Entry
Sebastien Cote-Champagne, age 31, of Canada, was sentenced on February 6 to 42 days in jail, following his guilty plea to illegally entering the United States from Canada.
Cote-Champagne admitted that he crossed the border approximately 1.5 miles west of the Champlain Port of Entry on January 23. He was found and arrested by Border Patrol Agents as he was walking south away from the border.
Citizen of Romania Sentenced For Illegal Entry
Ciuciu Ximena, age 42, of Romania, was sentenced on February 6 to 20 days in jail and to pay a $2,500 fine, following her guilty plea to illegally entering the United States from Canada.
Ximena admitted that she crossed the border approximately one-half mile west of the Rouses Point Port of Entry on January 25. She was found and arrested by Border Patrol Agents as she walked south toward a waiting car.
Two Citizens of Guatemala Sentenced For Illegal Entry
Amilcar Tuch-Xinico, age 26, of Guatemala, was sentenced to 15 days in jail and Jose Morales-Zet, age 21, of Guatemala, was sentenced to 22 days in jail on February 13, following their respective guilty pleas to illegally entering the United States.
Tuch-Xinico and Morales-Zet each admitted that together they walked across the border about two miles west of the Champlain Port of Entry on February 1. They were arrested together as they walked south away from the border.
Three Citizens of Guatemala Sentenced For Illegal Entry
Gelber Cacacil-Perez, age 22, Eddy Chonoy-Chonoy, age 28, and Elvidio Mendoza-Tino, age 28, all of Guatemala, were each sentenced on February 15 to 20 days in jail, following their respective guilty pleas to illegally entering the United States.
Cacacil-Perez, Chonoy-Chonoy, and Mendoza-Tino each admitted that together they walked across the border without inspection two miles west of the Champlain Port of Entry on February 1. Chonoy-Chonoy and Mendoza-Tino were arrested by Border Patrol Agents as they were walking south away from the border. Cacacil-Perez was arrested the next day in Plattsburgh, New York, approximately 25 miles south of the border.
Citizens of Haiti Sentenced For Illegal Entry
Louiguenson Charles, age 30, of Haiti, was sentenced on February 20 to time served (13 days in jail) following his guilty plea to illegally entering the United States. Charles admitted that on February 8, he entered the United States by walking through the woods from Canada.
Jean Sanon, age 31, of Haiti, was sentenced on February 20 to time served (13 days in jail) following his guilty plea to illegally entering the United States. Sanon admitted that on February 8, he entered the United States by walking through the woods from Canada.
Citizen of Jamaica Sentenced For Illegal Entry
Dwayne Berry, age 33, of Toronto, Canada, was sentenced on February 22 to 60 days in jail, following his guilty plea to illegally entering the United States from Canada.
Berry, a citizen of Jamaica, admitted that he crossed the border approximately three miles west of the Trout River Port of Entry on February 2. He was found by Border Patrol Agents performing inspection duties on a bus in Massena, New York. Berry was inadmissible to the United States due to his Canadian criminal history.
Two Citizens of India Sentenced For Illegal Entry
Surinder Singh, age 43, of India, and Anil Singh, age 27, of India, were each sentenced on February 23 to time served (4 days in jail), following their respective guilty plea to illegally entering the United States from Canada.
Surinder Singh admitted that he crossed the border approximately five miles east of the Massena Port of Entry on February 18. He was found and arrested by Border Patrol Agents as he was leaving the border area as a passenger in a taxi. Anil Singh admitted that he crossed the border approximately three miles east of the Massena Port of Entry on February 18. He was found and arrested by Border Patrol Agents as he was leaving the border area as a passenger in a car.
Albany Woman Charged with Distributing and Receiving Child PornographyRead the Press Release
ALBANY, NEW YORK – Michelle M. Syler, age 49, of Albany, was arrested and charged today for distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to a complaint, Syler distributed and received child pornography through a peer-to-peer, file-sharing network, between December 30, 2017 and February 27, 2018.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Syler appeared today before United States Magistrate Judge Christian F. Hummel, who ordered her detained pending further proceedings.
If convicted, Syler faces at least 15 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. 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.
This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Delaware County Man and Schoharie County Woman Arrested on Child Sexual Exploitation ChargesRead the Press Release
ALBANY, NEW YORK – Joshua Carey, age 37, of Stamford, New York, and Ariel Machia, age 27, of Middleburgh, New York, were arrested on February 22 and charged with sexual exploitation of a 1-year-old, whom they used to produce 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).
Carey and Machia appeared on February 23 before United States Magistrate Judge Christian F. Hummel, and were detained pending further proceedings.
The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
If convicted, Carey faces at least 25 years and up to 50 years in prison, post-imprisonment supervised release of at least 5 years and up to life, and a maximum $250,000 fine. Machia faces at least 15 years and up to 30 years in prison, post-imprisonment release of at least 5 years and up to life, and a maximum $250,000 fine. Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines, and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, with the assistance of the Schoharie County Sheriff’s Office, the Delaware County Sheriff’s Office and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jury Convicts Binghamton Sex Offender on Child Pornography ChargesRead the Press Release
BINGHAMTON, NEW YORK – Roland Kyzer, age 39, of Binghamton, New York, was found guilty today of receipt and possession of child pornography following a three-day jury trial.
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).
Kyzer was previously convicted on March 28, 2003 in federal court in Binghamton for receipt of child pornography and sentenced to serve 108 months in prison, to be followed by a lifetime term of supervised release, which began on November 2, 2011.
The evidence at trial established that on November 15, 2016 U.S. Probation Officers searched Kyzer’s residence in Binghamton, during which they discovered a laptop computer, an iPod, mobile phone, compact discs, other electronic media, and thumb drives, all of which were prohibited by the terms of Kyzer’s supervised release conditions. When questioned, Kyzer admitted that these devices contained child pornography, and a search of those electronic devices revealed over 25,000 images and videos of child pornography.
Sentencing is scheduled for June 22, 2018. Kyzer faces a minimum sentence of 15 years and a maximum sentence of 40 years for his receipt of child pornography, and a minimum sentence of 10 years and a maximum sentence of 20 years for his possession of child pornography, as well as a lifetime term of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Kyzer must also continue to register as a sex offender.
Kyzer has also been charged separately with violating the conditions of his supervised release based upon his receipt and possession of child pornography, and could face an additional term of at least 5 years imprisonment if he is found to have violated his supervised release conditions.
This case was investigated by the United States Probation Office and the FBI, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
This case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Maryland Drug Dealer Pleads Guilty in Connection with Plattsburgh Heroin Distribution RingRead the Press Release
PLATTSBURGH, NEW YORK – Jimolo Coates, a.k.a. “Lo,” Marlo” and “Brodie,” age 24, of Annapolis, Maryland, pled guilty today to participating in a heroin trafficking conspiracy.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA); and Clinton County Sheriff David Favro.
In pleading guilty, Coates admitted to regularly selling 40 grams of heroin to Melissa Kusalonis in Annapolis for $4,000. Kusalonis then transported the heroin to Plattsburgh, New York, and sold it in personal-use quantities.
Coates admitted that initially, and beginning in June 2016, he sold the heroin directly to Kusalonis. Then, following his arrest and detention in early September 2016, Coates directed two couriers, Tynaejah Thompson and Kiara Scott, to provide the heroin to and collect payment from Kusalonis. Coates also admitted to selling distribution-size quantities of heroin to Charles Adams, who frequently transported heroin from Annapolis to Plattsburgh with Kusalonis.
United States District Judge Mae A. D’Agostino will sentences Coates on June 22, 2018. Coates faces at least 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 8 years and up to life. 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.
Coates was charged along with 9 other people in two related indictments pertaining to a heroin-distribution ring that transported heroin from Annapolis and Schenectady, New York, and sold it in the Plattsburgh area. In addition to Coates, the following 8 defendants have pled guilty to conspiracy to possess with intent to distribute and to distribute heroin:
- Kyle Touchstone, age 30, of Plattsburgh;
- Melissa Kusalonis, a.k.a. “Mel” and “Liss,” age 36, of Plattsburgh;
- Tynaejah Thompson, a.k.a. “Naee,” age 21, of Annapolis, Maryland;
- Kiara Scott, age 28, of Annapolis, Maryland;
- Anthony DeFilippo, a.k.a “Flip,” age 36, of Schenectady;
- Charles Adams, a.k.a. “Chuck,” age 32, of Peru, New York;
- Travynn Ippolito, a.k.a “Trav,” age 30, of Plattsburgh; and
- Luke Kiroy, age 33, of Saranac, New York.
The tenth defendant, Danielle Conners, age 32, of Plattsburgh, is scheduled for trial on April 2, 2018. The charge against Conners is merely an accusation, and she is presumed innocent unless and until proven guilty.
The charges are the result of a nearly year-long investigation led by the DEA Task Force in Plattsburgh, which consists of law enforcement officers from the DEA, Homeland Security Investigations, United States Border Patrol, New York State Police, Clinton County Sherriff’s Office, Essex County Sheriff’s Office, and the Plattsburgh Police Department. The New York State Department of Corrections and Community Supervision also assisted in the investigation.
This case is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Katherine Kopita.
Morrisville Man Sentenced to 90 Months for Child Pornography OffensesRead the Press Release
SYRACUSE, NEW YORK – Michael Caraher, age 28, of Morrisville, New York, was sentenced today to 90 months in prison for distribution, 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).
Chief United States District Judge Glenn T. Suddaby also sentenced Caraher to 20 years of supervised release, to begin following his term of imprisonment. Caraher will also be required to register as a sex offender upon his release from prison.
Caraher pled guilty in October 2017. He admitted using a custom-built desktop computer to access child pornography-oriented Internet sites, including at least one site on the anonymous “Tor” network, for the purpose of downloading child pornography. Caraher admitted to using peer-to-peer file-sharing software on a laptop computer to download additional child pornography, which he stored on external drives. Overall, Caraher downloaded and saved more than 100 videos and almost 1,000 images depicting child pornography. Caraher further admitted to using an instant messaging application on his phone to trade child pornography with other users.
This case was investigated by the FBI and 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/.
North Country Man Pleads Guilty to Contraband Cigarette ChargesRead the Press Release
SYRACUSE, NEW YORK – Jeffrey Lazare, age 47, of Hogansburg, New York, pled guilty today to failing to maintain required records relating to the manufacture and sale of cigarettes, announced United States Attorney Grant C. Jaquith and Tom Crone, Assistant Administrator for Field Operations, U.S. Alcohol and Tobacco Trade and Tax Bureau (TTB). Sentencing is scheduled for June 7, 2018, in Utica, New York.
In pleading guilty, Jeffrey Lazare admitted that from January 2014 through August 2014, in Franklin County, he shipped, sold, and distributed quantities of cigarettes in excess of 10,000 in single transactions and failed to maintain required information about these transfers as required by federal law. Lazare further admitted that during this period his business generated proceeds of at least $3,500,000.00 from his unlicensed cigarette manufacturing operation.
As part of his guilty plea today, Lazare admitted that on numerous occasions between January 2014 and August 2014, as the sole owner of Braves Manufacturing and/or Braves Packaging, he shipped, sold, or distributed quantities of cigarettes in single transactions involving in excess of 10,000 cigarettes, to numerous tobacco and cigarette vendors. Lazare failed to keep required records concerning the shipment, sale, and distribution of cigarettes, which records are mandated to include the identity of, and shipping information for, the purchaser.
Lazare also admitted that his failure to maintain required records was part of an effort to avoid paying the Federal Excise Tax (FET) on the cigarettes he manufactured and distributed, and that the thirty-eight (38) separate sales of 10,000 or more cigarettes were subject to an FET of at least $247,623.60 that was not paid.
The plea agreement in this case calls for a recommended sentence for Lazare of one year and a day imprisonment, and forfeiture of $3,500,000, which includes $957,065.00 seized by federal authorities from the defendant’s bank account in 2013. The Court can also impose a term of supervised release of up to one 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 was investigated by the U.S. Alcohol and Tobacco Trade and Tax Bureau (TTB) and is being prosecuted by Assistant U.S. Attorney Carl Eurenius.
Texas Man Arraigned on Wire Fraud ChargeRead the Press Release
ALBANY, NEW YORK – Xavier Walton, age 26, of San Antonio, Texas, was arraigned today on an indictment charging him with fraudulently soliciting and receiving payments from timeshare owners, including a resident of Saratoga Springs, New York.
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, Walton participated in a scheme to defraud timeshare owners by soliciting “tax” and “fee” payments under false pretenses. The scheme involved offering to pay a timeshare owner in exchange for renting their timeshare property, and then instructing the owner to send payment to Walton’s company, AB Transfer, Inc., for fees and taxes that the victim was told needed to be paid in order for the rental to occur. Timeshare owners who sent payments to AB Transfer, Inc. received nothing in return.
As a result of the scheme, Walton received a total of more than $285,000 from at least 23 individuals, including a resident of Saratoga Springs, New York. Other victims reside in Florida, Pennsylvania, and Ontario, Canada. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Walton was arraigned today in Albany, New York, before United States Magistrate Judge Christian F. Hummel, and released with conditions pending a trial.
If convicted of wire fraud, Walton faces up to 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Carina H. Schoenberger.
Glenville Man Sentenced to 120 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Glenn Mears, age 46, of Glenville, New York, was sentenced today to 120 months in prison for distributing and possessing child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Kevin Kelly of Homeland Security Investigations (HSI), Buffalo Field Office.
As part of his guilty plea, Mears admitted to distributing child pornography using an Internet-based messaging application, and to possessing more than 1,000 images and videos of child pornography on 10 compact discs. Mears also admitted that he possessed child pornography involving prepubescent children and children under 12 years old.
Senior United States District Judge Thomas J. McAvoy also imposed a life term of supervised release, which will start after Mears is released from prison. As a result of his conviction, Mears will be required to register as a sex offender.
This case was investigated by HSI and the New York State Police, and prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Franklin County Man Charged in Connection with Large Cocaine SeizureRead the Press Release
SYRACUSE, NEW YORK – Jake Patnode, age 24, of Hogansburg, New York, was arrested on Saturday and charged with conspiracy to possess with intent to distribute cocaine.
The announcement was made by United States Attorney Grant C. Jaquith, U.S. Homeland Security Investigations (HSI)-Buffalo Field Office, Special Agent in Charge Kevin Kelly, Oswego County District Attorney Gregory Oakes, and Oswego County Sheriff Reuel A. Todd.
According to a criminal complaint, Oswego County Sheriff’s Deputies seized approximately 50 kilograms (110 pounds) of cocaine from a vehicle driven by the defendant northbound on Interstate Route 81 in the Oswego County Town of Hastings late Saturday evening after it was observed exceeding the posted speed limit. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
Patnode appeared in federal court today and was ordered held without bail pending a hearing scheduled for February 15, 2018.
The charge filed against Patnode carries a minimum sentence of 10 years and a maximum sentence of life in prison, a fine of up to $10 million and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by HSI and the Oswego County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Robert Levine.
Transnational Drug Trafficking Organization DismantledRead the Press Release
ALBANY, NEW YORK – Five men have pled guilty to their involvement in a transnational drug trafficking and money laundering ring that moved substantial quantities of drugs and money through Upstate New York and Canada.
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.
In connection with their guilty pleas, the defendants admitted that:
Between August 2014 and March 30, 2016, Iraklis Haviaropoulos led a money laundering and drug trafficking organization based in Montreal, Canada, which purchased and distributed more than 300 kilograms of cocaine and laundered more than $1 million.
In connection with the cocaine conspiracy, Haviaropoulos purchased cocaine from, among other sources, Carlos Alberto Ocampo Garcia in Piura, Peru, on the northern coast of Peru. Pilots working for Haviaropoulos picked up the cocaine at a clandestine airstrip outside of Piura, flew it to Guatemala, and then on to Mexico. In Mexico, truck drivers picked up the cocaine, smuggled it into the United States by crossing the Mexican border, and then smuggled it into Quebec, Canada. Some of the cocaine crossed through the Northern District of New York. During the investigation more than 337 kilograms of cocaine were seized, as well as fentanyl and marijuana.
The organization 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 the cocaine suppliers, to pay for more cocaine. At least $1 million was sent to Chicago, Los Angeles, Peru, and Colombia; money was also wired to China. During the investigation, more than $1 million was seized.
“This sophisticated organization, which used transnational networks to move huge amounts of cocaine and illegal money through our communities, has now been dismantled thanks to the cutting-edge work of federal agents and their effective collaboration with our law enforcement partners in other states and countries, particularly our Canadian counterparts,” said United States Attorney Grant C. Jaquith. “As this case demonstrates, we will use all of our resources to pursue foreign-based drug traffickers and bring them to justice.”
DEA Special Agent in Charge James J. Hunt said: “This highly significant trafficking organization was established in strategic positions around the globe to profit off the sale of cocaine, marijuana and fentanyl. Law enforcement’s investigation identified the organization’s circuitous route sending money from Quebec to South America Countries and China; and in return, sending drugs back to major cities in North America like Los Angeles, Chicago and Montreal. Law enforcement is committed to identifying, arresting and prosecuting those whose criminal actions enable drug addiction and inevitable drug overdoses.”
IRS-Criminal Investigation Special Agent in Charge James D. Robnett said: “IRS-CI is united with the rest of the law enforcement community in our resolve to financially dismantle organizations that commit crimes against our society. We will target the profits of international narcotics traffickers and secure evidence that exposes their criminal activities.”
HSI Special Agent in Charge Kevin Kelly said: “This case is an effective demonstration of the combined power that federal, state, and foreign law enforcement agencies possess when working together as one. No matter how sophisticated or how large, working collectively, we possess the resources and the will to ensure that operations such as these get taken down as fast as they emerge.”
All of the following people have pled guilty to conspiracy to commit international or promotional money laundering, and Haviaropoulos, Garcia, and Ortiz Bolanos have also pled guilty to conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, before United States District Judge Mae A. D’Agostino:
Name
Age
Residence
Charges
Sentencing Date
Iraklis Haviaropoulos
41
Montreal, Canada
Cocaine conspiracy > 5 kilograms
International money laundering conspiracy
5/23/18
Carlos Alberto Ocampo Garcia
56
Cali, Colombia
Cocaine conspiracy > 5 kilograms
International money laundering conspiracy
3/26/18
Jose Mauricio Ortiz Bolanos
30
Cali, Colombia
Cocaine conspiracy > 5 kilograms
International money laundering conspiracy
3/14/18
Eduardo Nunez-Serna
44
Chicago, Illinois
Promotional money laundering conspiracy
3/19/18
James DeSantis
56
Pompano Beach, Florida
International money laundering conspiracy
5/30/18
This case is the result of the close, cooperative efforts of the DEA, led by the Albany District Office and including 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. Three of the five defendants were extradited to face charges in the Northern District of New York with the assistance of the U.S. Department of Justice’s Office of International Affairs.
Guatemalan Man Sentenced for Misuse of an Identification DocumentRead the Press Release
SYRACUSE, NEW YORK – Francisco Nicolas Lucas-Miranda, age 23, of Guatemala, was sentenced today to a term of imprisonment of time served (145 days) for misuse of an identification document, announced United States Attorney Grant C. Jaquith and Edward Payan, Acting Chief Patrol Agent, Buffalo Sector-U.S. Border Patrol.
Lucas-Miranda, a citizen of Guatemala, was found in Cazenovia on August 8, 2017, after he was stopped for suspicion of driving while intoxicated. Investigation by United States Border Patrol Agents established that he was in possession of a Guatemalan passport bearing his name and he admitted that he entered the United States illegally. Lucas-Miranda further admitted that he had previously been working at a farm in Fabius, New York, and had used a fraudulent permanent alien resident card and fraudulent social security card to procure that employment.
Following the sentencing, Lucas-Miranda was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings.
The case was investigated by the United States Border Patrol and the Village of Cazenovia Police Department and was prosecuted by Assistant United States Attorney Robert Levine.
State Contractor Indicted for FraudRead the Press Release
ALBANY, NEW YORK – Nathaniel P. Lorenz, age 46, of Holley, New York, was arraigned today on charges that he submitted fake invoices to the New York State Department of Transportation (NYSDOT) in order to conceal that he was not buying the materials needed to perform contracts for which his company was ultimately paid more than $1 million.
The announcement was made by United States Attorney Grant C. Jaquith; Todd A. Damiani, Special Agent in Charge of the New England Regional Office of the United States Department of Transportation, Office of Inspector General (USDOT-OIG); New York State Inspector General Catherine Leahy Scott; and Robert L. Keihm, Chief Investigator for the NYSDOT Investigations Bureau.
Lorenz is charged with 8 counts of wire fraud and 1 count of mail fraud. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
According to the indictment, Lorenz’s company, ACME Powerwashing Inc. (ACME) of Holley, New York, contracted with NYSDOT in 2015 and 2016 to clean and seal the road portions of bridges, known as concrete bridge decks. The work involved powerwashing bridge decks with water and then sealing them with a chemical that makes the concrete more resistant to penetration by water, chlorides and waterborne contaminants, which might cause the deterioration of the bridge deck. The Federal Highway Administration, part of the United States Department of Transportation, provided most of the money for these contracts.
Each of these contracts required ACME to purchase a certain amount of sealing chemical, based on how many square feet of concrete bridge deck was sealed. According to the indictment, on 3 contracts in 2015 and 2016, Lorenz submitted fraudulent invoices to NYSDOT in order to conceal that he was not buying the amount of the sealing chemical required by the contracts. Lorenz falsely claimed that he was buying sealing chemicals from S.E. Brett, Inc., another company that he owned that does not sell anything.
On these 3 contracts alone, NYSDOT paid ACME a total of $1,139,119.74 for bridge sealing work, and an additional $759,002.64 for bridge washing and other work. ACME has been a NYSDOT contractor since 2010.
Lorenz appeared today in Albany before United States Magistrate Judge Christian F. Hummel, and was released pending a trial scheduled before Senior United States District Judge Norman A. Mordue in Syracuse. If convicted, Lorenz faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. He may also be ordered to pay restitution to one or more government agencies. 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 USDOT-OIG, NYSDOT’s Investigations Bureau, and the Office of the New York State Inspector General, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Queensbury Oncologist and Spouse to Pay $500,000 for Submitting False Claims to Medicare for the Administration of Unapproved Cancer DrugsRead the Press Release
ALBANY, NEW YORK – Dr. Vincent Koh and his wife and office manager, Milly Koh, have agreed to pay $500,000 for violating the False Claims Act by knowingly submitting false claims to Medicare for unapproved chemotherapy drugs, announced United States Attorney Grant C. Jaquith. On November 20, 2017, the Kohs pled guilty to receiving and delivering misbranded drugs, a misdemeanor, and are scheduled to be sentenced on March 20, 2018 by United States Magistrate Judge Daniel J. Stewart.
The Kohs own and operate a medical practice, with offices in Poughkeepsie and Glens Falls, New York, that specializes in the treatment of patients suffering from various forms of cancer. From mid-2010 to early 2012, the practice purchased various drugs purporting to contain the same active ingredients as drugs sold in the United States from a Canadian drug distributor who had obtained these drugs from foreign sources. The drugs, some of which contained labeling in foreign languages, were not approved by the U.S. Food and Drug Administration (FDA) as required for them to be distributed in the United States and were therefore not reimbursable by Medicare.
Dr. Koh’s practice purchased the foreign drugs at substantially lower prices than those charged for drugs from legitimate U.S. drug manufacturers and distributors. Dr. Koh administered these drugs to his patients, and caused his staff to submit false claims for the drugs to Medicare.
“Unlike prescription drugs picked up at a pharmacy, chemotherapeutic drugs generally are administered without any opportunity for patients to see the labeling, so cancer patients are particularly vulnerable to this sort of conduct,” said United States Attorney Jaquith. “This settlement reflects our ongoing commitment to safeguarding patients and the federal fisc by ensuring that people do not unknowingly receive and taxpayers do not pay for foreign drugs that the FDA has not approved.”
“Patients deserve the security of knowing that the medication being prescribed to them is unadulterated, safeguarded, and properly manufactured,” said Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (HHS-OIG). “This settlement is another example of HHS-OIG’s commitment to protecting quality of care and the federal health care programs intended for our most vulnerable Americans.”
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, HHS-OIG, FDA’s Office of Chief Counsel, and FDA’s Office of Criminal Investigations. The United States was represented in the civil investigation by Assistant U.S. Attorney Adam J. Katz.
Albany Felon Sentenced on Firearms ConvictionsRead the Press Release
ALBANY, NEW YORK – Shawn Faircloth, age 46, of Albany, was sentenced today to 68 months in prison following his guilty plea to possessing a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his guilty plea, Faircloth admitted that in early 2013, in downtown Albany, he traded heroin to a drug addict in exchange for a loaded Smith & Wesson .38-caliber revolver. On August 9, 2013, while executing a search warrant at Faircloth’s apartment, police found the revolver hidden inside a bathroom. The gun was loaded. Also in the bathroom, police found a digital scale and supply of Ziploc bags that Faircloth admitted he used to package heroin and crack cocaine, which he sold in Albany.
Senior United States District Judge Frederick J. Scullin Jr. also ordered Faircloth to serve 3 years of supervised release upon Faircloth’s release from prison.
This case was investigated by ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and Wayne A. Myers.
Troy Man Sentenced to 120 Months for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Joshua Lozo, age 36, of Troy, New York, was sentenced today to 120 months in prison for receiving and possessing child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his October 16, 2017 guilty plea, Lozo admitted that between December 1, 2015 and December 14, 2016, he used the Internet and file-sharing software to download child pornography videos and still images. Lozo possessed about 25 child pornography videos and approximately 350 still images of child pornography.
United States District Judge Mae A. D’Agostino also imposed a lifetime term of supervised release, which will start after Lozo is released from prison. As a result of his conviction, Lozo will be required to register as a sex offender after leaving prison.
This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Rick Belliss.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Salvadoran Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Juan David Monzon Tejada, age 29, and a citizen of El Salvador, was sentenced today to time served (80 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Monzon Tejada admitted that he was removed from the United States to his native El Salvador on September 22, 2015. On November 19, 2017, an ICE Officer arrested Monzon Tejada in Glenville, New York.
Monzon Tejada 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.
Troy Woman Pleads Guilty to Distributing HeroinRead the Press Release
ALBANY, NEW YORK – Angelina L. Cedeno, age 35, of Troy, New York, pled guilty today to distributing heroin in Albany County.
The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of her guilty plea, Cedeno admitted to distributing heroin in the Town of Bethlehem, in Albany County, in August 2016.
Cedeno is in custody pending sentencing.
United States District Judge Mae A. D’Agostino will sentence Cedeno on June 6, 2018. Cedeno faces up to 20 years in prison, and a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Schenectady Felon Indicted for Gun and Ammunition PossessionRead the Press Release
ALBANY, NEW YORK – Christopher L. Morgan, age 31, of Schenectady, New York, was arraigned last week on a charge of being a felon in possession of a firearm and ammunition.
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, on September 6, 2016, Morgan possessed a .38 caliber Colt Cobra revolver, as well as 10 rounds of .38 caliber ammunition. The charge in the indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
Morgan is in custody pending trial. If convicted, Morgan faces up to 10 years in prison and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Capital District Safe Streets Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department and the Schenectady County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Albany Man Indicted for Intending to Distribute Heroin, Crack and CocaineRead the Press Release
ALBANY, NEW YORK – Dwayne G. Perkins, age 37, of Albany, was arraigned today on a charge that he possessed and intended to distribute crack cocaine, cocaine, and heroin.
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, on April 4, 2017, Perkins possessed and intended to distribute more than 28 grams of cocaine base (a/k/a crack cocaine), cocaine and heroin. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Perkins is in custody pending trial. If convicted, Perkins faces at least 10 years and up to life in prison, and a term of post-imprisonment supervised release of at least 8 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Seven Arrested on Marijuana Trafficking ChargesRead the Press Release
SYRACUSE, NEW YORK – Seven upstate men were arrested today on federal drug conspiracy charges alleging that they arranged to transport, store, and distribute hundreds of pounds of marijuana between Franklin County in Northern New York and Onondaga and Oswego Counties, announced United States Attorney Grant C. Jaquith, Oswego County District Attorney Gregory S. Oakes, and U.S. Homeland Security Investigations (HSI)-Buffalo Field Office, Special Agent in Charge Kevin Kelly.
All seven defendants appeared today in United States District Court for the Northern District of New York in Syracuse. They are charged in two criminal complaints.
Charged in a criminal complaint alleging a conspiracy to possess with intent to distribute one hundred kilograms (approximately 220 pounds) or more of marijuana in Onondaga County from January 2017, through November 2017 are:
William Sullivan, 38, of Jamesville, New York
Jamie Phillips, 35, of Syracuse, New York
Alexander Elliott, a/k/a Alexander Camacho, 46, of Syracuse, New York
Alexander Steeprock, 21, of Syracuse, New York
Chadwick Swamp, 48, of Hogansburg, New York
Winston Francis, 26, of Hogansburg, New York
The complaint also charges Jamie Phillips with possessing a firearm after a previous conviction for a felony offense.
The drug conspiracy charge carries a minimum sentence of 5 years and a maximum sentence of up to 40 years imprisonment, a fine of up to $5 million and period of supervised release of at least four years and up to life. The charge of possessing a firearm after previously having been convicted of a felony offense against Jamie Phillips carries a maximum sentence of up to 10 years imprisonment, a fine of up to $250,000.00, and a term of supervised release of up to 3 years.
Jason Altpeter, 35, of Fulton, New York, is charged in a separate criminal complaint alleging a conspiracy to possess with intent to distribute fifty kilograms (approximately 110 pounds) or more of marijuana in Oswego County from July 2017, through November 2017. This charge carries carries a maximum sentence of up to 20 years imprisonment, a fine of up to one million dollars and period of supervised release of at least three years and up to life.
A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This investigation was initiated by the Oswego County Drug Task Force, comprised of Special Agents of U.S. Homeland Security Investigations (HSI), members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department, and Agents of the U.S. Border Patrol. Additional agencies involved in the investigation include the U.S. Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), the City of Syracuse Police Department, the New York State Police-CNET Central, the St. Regis Mohawk Tribal Police Department (USA), the Akwasasne Mohawk Police Service (Canada), and the Oneida Indian Nation Police Department. This case is being prosecuted by Assistant U.S. Attorneys Carla Freedman and Robert Levine, in coordination with the Oswego County District Attorney's Office.
Philadelphia Man Sentenced to 10 Years for Heroin ConspiracyRead the Press Release
SYRACUSE, NEW YORK - Lamont Butcher, age 42, of Philadelphia, Pennsylvania, was sentenced today to 120 months in prison for his participation in a conspiracy to possess with intent to distribute heroin, announced United States Attorney Grant C. Jaquith and United States Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division.
Butcher pled guilty on September 21, 2017, to conspiracy to possess with intent to distribute heroin in connection with his involvement in a heroin trafficking organization operating in Philadelphia and Oswego, New York. Butcher admitted in his plea to selling heroin to Samuel Alexander, Jr., whom he knew was further distributing the heroin in Oswego, New York, in an amount exceeding 1 kilogram. Alexander, of Brewerton, New York, was previously sentenced to 63 months for his role in the conspiracy.
Butcher was also sentenced to serve a 5-year term of supervised release following his release from prison and pay a forfeiture money judgement in the amount of $3,900.
This case was investigated by the DEA, U.S. Internal Revenue Service-Criminal Investigation (IRS-CI) and the Oswego County Drug Task Force, comprised of Special Agents of U.S. Homeland Security Investigations (HSI), members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department and Agents of the U.S. Border Patrol. The case was prosecuted by Assistant United States Attorneys Carla Freedman and Geoffrey J.L. Brown.
Rensselaer Man Charged with Drug and Gun OffensesRead the Press Release
ALBANY, NEW YORK – Darrell Chapman, also known as “Bishop” and “Sly Foxx,” age 37, of Rensselaer, New York, was indicted today for narcotics and firearms offenses.
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).
A four-count superseding indictment charges Chapman with conspiring to distribute 500 grams or more of cocaine and 100 grams or more of heroin, from approximately November 2016 until October 18, 2017; possession with intent to distribute the same quantities of cocaine and heroin; possession of four handguns and two rifles in furtherance of a drug trafficking crime; and possession of firearms by a convicted felon. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of one of the drug offenses, Chapman faces at least 10 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 8 years and up to life. Chapman also faces a consecutive sentence of 5 years in prison if convicted of possessing firearms 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.
Chapman previously appeared before United States Magistrate Judge F. Christian Hummel in Albany, and was detained pending trial.
This case is being investigated by the New York State Police and the FBI, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Latham Man Pleads Guilty to Possessing a Short-Barreled RifleRead the Press Release
ALBANY, NEW YORK – Joseph T. Clemente, Jr., age 34, of Latham, New York, pled guilty today to illegally possessing a short-barreled rifle.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his plea, Clemente admitted that he intentionally removed the upper receiver of a rifle that he had purchased at a gun store, and replaced it with an upper receiver he purchased on the Internet, which he knew included a 9-inch barrel. The resulting firearm he possessed was a rifle with a barrel of less than 16 inches, also known as a “short-barreled rifle,” which is illegal to possess.
Clemente faces up to 10 years in prison and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on May 31, 2018 by Senior United States District Judge Gary L. Sharpe. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors
This case was investigated by ATF and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Cohoes Woman Sentenced for Social Security FraudRead the Press Release
ALBANY, NEW YORK – Donna M. Smith, age 58, of Cohoes, New York, was sentenced today to 14 months in prison, to be followed by 3 years of supervised release, for fraudulently obtaining disability insurance benefits.
The announcement was made by United States Attorney Grant. C. Jaquith and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA) Office of the Inspector General, New York Field Office.
As part of her October 19, 2017 guilty plea, Smith admitted to submitting two false statements in which she claimed to have not worked between 2006 and 2015, when in fact she had worked for a total of eight Capital Region employers during this time. Disability insurance benefits are designed to replace, in part, the loss of income due to a disability.
Senior United States District Judge Lawrence E. Kahn also ordered Smith to pay $108,866.20 in restitution to the SSA.
This case was investigated by the SSA Office of the Inspector General and prosecuted by Special Assistant United States Attorney Jason White.
Mexican Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Mauro Vasquez-Bautista, age 21, and a citizen of Mexico, was sentenced on Friday to time served (17 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-Bautista, a citizen of Mexico, admitted that he was removed from the United States to Mexico on December 4, 2014. On January 9, 2018, an ICE Officer arrested Vasquez-Bautista in the city of Albany.
Vasquez-Bautista 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.
St. Lawrence County Man Sentenced for Clean Water Act CrimesRead the Press Release
SYRACUSE, NEW YORK - Michael J. Ward, age 54, of Gouverneur, New York, was sentenced today in federal court in Binghamton to serve a 3 year term of probation, perform 200 hours of community service, and pay a $1,000 fine, after previously pleading guilty to three felony counts of violating the Clean Water Act, announced United States Attorney Grant C. Jaquith, Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York, New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggios and Joseph Schneider, DEC Director of Law Enforcement.
In previously pleading guilty, Ward admitted that between January 2013 and September 2015, while employed as the Technical Director in charge of environmental compliance at the APC Paper Group paper mill in Norfolk, New York, he caused the paper mill to violate its Clean Water Act permit by discharging wastewater containing excessive levels of biochemical oxygen demand (“BOD”) into the Raquette River. BOD is the amount of dissolved oxygen necessary for microorganisms in the water to break down organic material. BOD levels also provide an index for measuring the effect discharged wastewater will have on the body of fresh water receiving it. In this case, the paper mill’s Clean Water Act permit restricted the amount of BOD that could be discharged through wastewater.
As part of his guilty plea, Ward admitted that he concealed and falsified data regarding the BOD levels in the mill’s wastewater discharges, thus allowing the mill to violate its Clean Water Act permit on a regular basis. Additionally, he repeatedly falsified monthly reports to the DEC to hide the continuing Clean Water Act violations. The defendant’s illegal conduct was discovered after APC Paper Group terminated his employment for unrelated reasons in the fall of 2015.
This case was investigated by the United States EPA-CID and the New York State DEC, Division of Law Enforcement and Bureau of Environmental Crimes Investigation Unit (BECI), and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Gansevoort Man Arrested for Distribution and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Joshua Brackett, age 33, of Gansevoort, New York, was ordered detained on Monday following his January 19 arrest on charges of distributing and possessing 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).
The complaint filed against Brackett alleges that he distributed and possessed child pornography on a homemade desktop computer that has peer-to-peer file-sharing software. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted on all charges, Brackett faces at least 5 years and up to 20 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. If convicted, Brackett would also have to register as a sex offender.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Watervliet Man Sentenced to 121 Months for Cocaine TraffickingRead the Press Release
ALBANY, NEW YORK - Francisco Rivera, age 37, of Watervliet, New York, was sentenced today to 121 months in prison, to be followed by 8 years of supervised release, for conspiring to distribute cocaine.
The announcement was made by United States Attorney Grant C. Jaquith; Raymond Moss, Acting Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division; and Acting Albany Police Chief Robert Sears.
As part of his guilty plea on September 18, 2017, Rivera admitted that he arranged for someone in Puerto Rico to mail him kilogram and half-kilogram quantities of cocaine that were hidden within everyday items such as scented candles and board game boxes. He arranged for cocaine shipments to be mailed to residential addresses in Albany, Rensselaer and Schenectady Counties, where he would pick them up and then deliver them to his customers.
United States District Judge Mae A. D’Agostino also ordered Rivera to forfeit $24,500 in cash drug proceeds seized from his Watervliet residence, as well as a 2011 BMW X-6 SUV that he used to transport the cocaine.
This case was investigated by the USPIS and Albany Police Department, with assistance from Homeland Security Investigations, U.S. Customs and Border Protection and the New York Department of Corrections and Community Supervision, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Wynantskill Woman Pleads Guilty to Misusing Names of Government AgenciesRead the Press Release
ALBANY, NEW YORK – Kristina Gross, age 37, of Wynantskill, New York, pled guilty today to misusing the names of the Department of the Treasury and the Internal Revenue Service (IRS), a misdemeanor offense.
The announcement was made by United States Attorney Grant C. Jaquith and William A. Kalb, Special Agent in Charge of the Northeastern Field Division of the Office of the Treasury Inspector General for Tax Administration (TIGTA).
As part of her guilty plea, Gross admitted that she worked for a construction services company in Rensselaer County, whose bank account had been levied by the IRS on February 14, 2017. On February 23, Gross twice emailed a bank employee what she claimed was an IRS release of levy form, in an unsuccessful attempt to induce the bank to provide her company with access to funds that the bank had frozen as a result of receiving the IRS levy.
Gross admitted that the document she sent to the bank on February 23 was forged, inaccurate and not approved or authorized by the Department of the Treasury or the IRS. She also knew that the document would create the false impression at the bank that the IRS had actually issued the document when, in fact, the IRS had not.
Gross faces up to a year in jail and a maximum $10,000 fine when she is sentenced on May 18, 2018 by United States Magistrate Judge Daniel J. Stewart. 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 TIGTA and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Schenectady Man Sentenced to 9 Years for Perjury in Arson Homicide InvestigationRead the Press Release
ALBANY, NEW YORK – Bryan Fish, age 23, of Schenectady, New York, was sentenced today to 108 months in prison, to be followed by 3 years of supervised release, for making false declarations before a federal grand jury investigating an arson that killed four people in Schenectady.
The announcement was made by United States Attorney Grant C, Jaquith and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
In pleading guilty on May 31, 2017, Fish admitted that he lied under oath to a federal grand jury investigating the fire, which occurred on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, and caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.
Fish admitted that on May 24, 2013, he provided false testimony regarding his brother, whom Fish claimed: 1) drove him, Jennica Duell, and another man from Saratoga Springs to the vicinity of 438 Hulett Street in the early morning hours of May 2, 2013, 2) popped the trunk so that the other man could remove a gas can, and 3) later drove part of the way back to Saratoga Springs.
Fish is the fourth person to be sentenced for lying to the federal grand jury investigating the 438 Hulett Street fire.
- On March 17, 2016, Edward Leon, age 45, of St. Johnsville, New York, was sentenced to 10 years in prison following a jury trial.
- On September 12, 2016, Duell, age 29, of Schenectady, and the mother of the children who died, was sentenced to 11 years and 3 months in prison following a guilty plea.
- On May 31, 2017, Richard Ramsey, age 48, of Saratoga Springs, New York, was sentenced to 87 months in prison following a guilty plea.
United States Attorney Grant C. Jaquith said: “Bryan Fish, Jennica Duell, Edward Leon, and Richard Ramsey lied to a grand jury investigating one of the worst crimes in the Capital Region in recent memory. The sentences reflect the horror of the underlying crime and the defendants’ disregard for the law and the innocent lives lost. We will not let lies stand in the way of securing justice for the victims and their families, and of bringing to justice the person or people responsible for this deadly arson. We remain committed to continuing the investigation until justice is done.”
ATF Special Agent in Charge Ashan M. Benedict said: “The fire in Schenectady at 438 Hulett Street caused death and destruction that will affect families forever. Fish and the other individuals sentenced for lying to a federal grand jury will not prevent us from determining who was responsible for this heinous crime. The victims and their families will not be forgotten. I would like to extend my gratitude to the United States Attorney’s Office for prosecuting the case. I would also like to thank the Special Agents of ATF, the Schenectady Police Department and the Schenectady Fire Department for working tirelessly on this investigation.”
This case resulted from an ongoing investigation being conducted by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case was prosecuted by United States Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.
The ATF notes that there is a reward of up to a total of $40,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred on May 2, 2013 at 438 Hulett Street in Schenectady, resulting in personal injury and death. All information will be treated confidentially and the callers will remain anonymous if requested. Anyone having information is encouraged to call ATF at 1-888-ATF-FIRE (1-888-283-3473), or email [email protected], or contact ATF through its web site at www.atf.gov/contact/atf-tips. Tips may also be submitted to ATF through the “report it” app, available on both Google Play and the Apple App Store, or by visiting www.reportit.com.
Syracuse Man Pleads Guilty to Gun and Drug OffensesRead the Press Release
SYRACUSE, NEW YORK – Calvin Weaver, age 27, of Syracuse, pled guilty today to being a felon in possession of a firearm, possessing a firearm with a defaced serial number, and simple possession of cocaine.
The announcement was made by United States Attorney Grant C. Jaquith, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division, and Frank Fowler, Chief of the Syracuse Police Department.
Weaver pled guilty to all three charges following a decision by Chief U.S. District Judge Glenn T. Suddaby denying Weaver’s motion to suppress evidence found on the day of his initial arrest. In particular, Judge Suddaby found that both the stop of Mr. Weaver and the subsequent frisk of his person, which revealed that Mr. Weaver was carrying both a gun and plastic bags of cocaine, were lawful and available for use as evidence against him had the case proceeded to trial.
At sentencing on May 18, 2018, Weaver faces up to 10 years in prison on the charge of being a felon in possession of a firearm and up to 5 years in prison on the charge of possessing a firearm with an obliterated serial number. Mr. Weaver also faces a fine of up to $250,000 and a term of post-imprisonment supervised release of up to 3 years on those two charges. On the possession cocaine charge, the defendant faces a maximum term of imprisonment of 1 year, a term of post-imprisonment supervised release of up to 1 year, and a $100,000 fine.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.