Northern District of New York

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, 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.

 

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.

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.

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. 

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/.

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.

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.

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.

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.

 

 

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.

 

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.

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.

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, 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.

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.

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.

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.

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, 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.

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.

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.

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. 

 

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.

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.

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.

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.

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.

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.

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.

 

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, 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.

ALBANY, NEW YORK – Leonel Antonio Rodriguez Ayala, age 29, and a citizen of Honduras, was sentenced today to time served (78 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, Rodriguez Ayala admitted that he is a citizen of Honduras, and that he illegally returned to the United States after he was removed to Honduras on October 3, 2013.

 

On October 24, 2017, an ICE Officer arrested Rodriguez Ayala in Saratoga Springs, New York.

 

Following his sentencing, Rodriguez Ayala 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 United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Jared R. Hudson, age 39, formerly of Plattsburgh, New York, was sentenced today to 79 months in prison and 3 years of post-imprisonment supervised release for fraud and identity theft.

 

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 Plattsburgh Police Chief Kenneth R. Parkinson.

 

Hudson, who has also resided in Florida and Texas, pled guilty on August 2, 2017.  He admitted that he and Thomas J. Howe, age 38, of Plattsburgh, devised a scheme to defraud banks, merchants and individual consumers by purchasing information including credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information, and to using that information to electronically purchase goods, and to fraudulently transfer and attempt to transfer funds electronically, between October 2009 until at least December 13, 2014.

                                                                                                                                     

Initially, Hudson used stolen credit card numbers to order merchandise online and had the merchandise shipped to him.  He then used other people’s personal identification information to sign up for credit cards.  He then opened investment accounts in his name, which were funded with money taken from other people’s bank accounts using stolen account numbers, routing numbers, identification, and bank security information.  Hudson admitted that his victims suffered at least $510,544.49 in actual and intended losses.

 

Hudson has been detained on federal charges since June 24, 2016.  Senior United States District Judge Lawrence E. Kahn ordered the 79-month sentence to be served consecutively to the 18-year prison sentence Hudson is serving in Texas for possession/promotion of child pornography. 

 

Federal charges remain pending against Howe, who is presumed innocent unless and until proven guilty.

 

This case was investigated by the FBI and the Plattsburgh Police Department, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

 

ALBANY, NEW YORK – Jose Agustin Martinez, age 35, and a citizen of Mexico, was sentenced today to 24 months in prison for illegally re-entering the United States. 

 

The announcement was made by United States Attorney Grant C. Jaquith and Thomas R. Decker, Director of the New York Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Agustin Martinez admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on May 18, 2016.  On February 14, 2017, ICE Officers encountered Agustin Martinez in the Ulster County Jail, where he was being held on a state charge of driving while intoxicated (DWI); he has since been convicted of that offense.

 

Agustin Martinez’s prior removal, on May 18, 2016, followed another felony DWI conviction in Ulster County Court.

 

This case was investigated by ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Micaela Hernandez Reyes, age 32, and a citizen of Mexico, was sentenced today to time served (26 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 her guilty plea, Hernandez Reyes admitted that she is a citizen of Mexico, and that she illegally returned to the United States after she was removed to Mexico on June 13, 2015.  Hernandez Reyes was also removed to Mexico on September 25, 2014, April 25, 2015, and June 9, 2015.

 

On December 14, 2017, ICE Officers arrested Hernandez Reyes in Saratoga Springs, New York.   

 

Following the sentencing, Hernandez Reyes was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Jason M. VanBuren, age 42, of Cobleskill, New York, was ordered detained today following his January 5 arrest on charges of 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).

 

The complaint filed against VanBuren alleges that he received and possessed child pornography on a phone.  The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

 

At a detention hearing today, United States Magistrate Judge Daniel J. Stewart ordered VanBuren detained pending further proceedings.

 

If convicted on all charges, VanBuren 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, VanBuren would also have to register as a sex offender.

 

This case is being investigated by the FBI, the New York State Police, and the Cobleskill Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

ALBANY, NEW YORK - Kristin M. Kitchen, also known as Kristin M. Vargas, age 33, of Clifton Park, New York, pled guilty today to conspiring with others to sell stolen Social Security Numbers (SSNs) over the internet and to providing a false SSN on a loan application.

 

The announcement was made by United States Attorney Grant C. Jaquith; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of the Inspector General, New York Region; 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 plea, Kitchen admitted to owning and operating a website in 2013 and 2014 through which she sold stolen SSNs.  Kitchen advertised these stolen SSNs as “credit profile numbers” and encouraged her customers to use these SSNs in place of their own on credit and loan applications, as a way for customers to avoid their own negative credit histories.  Kitchen further admitted to using one of these stolen SSNs herself on applications for a loan in 2014.

 

Kitchen faces up to 30 years in prison, up to 5 years of post-imprisonment supervised release and a maximum $250,000 fine when she is sentenced on May 14, 2018 by Senior United States District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

 

This case was investigated by the FDIC Office of the Inspector General and the SSA Office of the Inspector General, and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.

SYRACUSE, NEW YORK -Stacey J. LaPorte, Jr., age 27, of Massena, New York, was sentenced yesterday to 95 years in federal prison, following his convictions for sexually exploiting four children including two babies, and receiving pornography, announced United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II, and Resident Agent in Charge Russell Linstad, Homeland Security Investigations, Massena, New York.

 

Following a June 2017 trial, a jury in United States District Court in Utica, New York, found LaPorte guilty of conspiring with Mackenzie Bailey, age 22, of Massena, to sexually exploit a child from the time the child was an infant until age two, and with using that child to produce sexually explicit images on two specific occasions.  He was also convicted of conspiring with Hillary Trimm, age 26, also of Massena, to sexually exploit another child, who had not yet turned one, and a twelve-year-old boy and his sixteen-year-old sister whom he coerced to have sexual contact so that he could create images.   Finally, he was convicted of receiving child pornography from another user via a computer-messaging program.

 

“There are few crimes as evil as the prolonged sexual abuse of infants.  LaPorte did that, produced sexually explicit images of the abuse, sexually exploited siblings, and received child pornography.  His sentence to imprisonment for 95 years should ensure that no other children are victimized by this perverse predator.  We will continue to work with federal, state, and local law enforcement agencies to hold child predators accountable for their abominable actions,” said United States Attorney Grant C. Jaquith. 

 

New York State Police Superintendent George P. Beach II said, “The State Police and our law enforcement partners have zero tolerance for those who prey on children, and this sentence reflects the severity of the crimes and our commitment to finding justice for the victims. We want to thank the agencies involved for their determination in holding this individual accountable for his reprehensible actions.”

 

"Investigations involving the sexual exploitation of innocent children are by far the most heinous crimes we encounter," said HSI Resident Agent in Charge Russell Linstad. "This significant sentencing ensures that Mr. Laporte will never again have access to children and should serve as a stark warning of the severe consequences that await those involved in these depraved acts."

 

Both Mackenzie Bailey and Hillary Trimm pled guilty to the crimes they committed with LaPorte, testified at his trial, and will each be sentenced later this month. 

 

In addition to the term of incarceration, if LaPorte is ever released from prison, he will be placed on supervised release for life, and will have to register as a sex offender. 

 

LaPorte’s case was investigated by the New York State Police, the Massena Police Department, and the Department of Homeland Security, Homeland Security Investigations, and prosecuted by Assistant U.S. Attorneys Lisa M. Fletcher and 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), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Patricio Murillo Sandoval, age 40, of Newark, New Jersey, pled guilty yesterday to encouraging and inducing an alien to illegally enter the United States. 

 

The announcement was made by United States Attorney Grant C. Jaquith and Steve Bronson, Area Port Director, United States Customs and Border Protection (CBP).

 

As part of his guilty plea, Murillo Sandoval, a U.S. citizen, admitted that he attempted to enter the United States with Wendy Fletcher Alvarez, a citizen of Ecuador and Spain, on September 17, 2017 at the Niagara Falls Port of Entry, New York.  She was denied admission, and CBP officers explained to both Sandaval and Alvarez that she could not enter the United States without obtaining permission.  Murillo-Sandoval also admitted that on September 19, 2017, he dropped off Alvarez at a remote location so that she could walk across the border and avoid immigration inspection.  He planned to pick her up and take her to New Jersey, but when he attempted to enter the United States at the Mooers Port of Entry, he was referred for further inspection leading to the discovery that he planned to pick her up.    

 

United States District Judge Mae A. D’Agostino is scheduled to sentence Murillo Sandoval on May 3, 2018.  He faces up to 5 years in prison and a fine of up to $250,000.  A defendant’s sentence is imposed by a judge based on the particular statute to defendant is charged with violating, the U.S. Sentencing guidelines and other factors. 

 

The smuggled alien, Fletcher Alvarez, age 40, of Ecuador, was sentenced on October 5, 2017 to 25 days in jail. 

 

This case was investigated by the CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Bobbi A. Constantine, formerly known as Robert Bove, age 48, of Albany, was sentenced today to 37 months in prison, and 3 years of supervised release, following her November 2017 guilty plea to wire fraud.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Acting Inspector in Charge Raymond Moss, U.S. Postal Inspection Service (USPIS), Boston Division.

 

United States District Judge Mae A. D’Agostino also ordered Constantine to pay restitution of $72,589.96 and forfeit $43,640.72.

 

From October 2014 through July 2016, Constantine, then known as Robert Bove, obtained mortgages and automobile lease financing from lenders under the false pretense that she was the beneficiary of a trust containing more than $12 million of the assets of a fictitious, deceased aunt.

 

Constantine used fictitious trust documents, which bore a forged notary seal, to dupe an attorney into generating a letter stating that that she was the beneficiary of a trust generating annual income of more than $50,000.  Constantine also impersonated a fictitious administrative trustee for the trust.  On the basis of the fraudulent trust documents and the attorney’s letter, Constantine obtained lease financing for a new Toyota RAV4 and a new Jeep Renegade, and obtained mortgages for her purchase of a $200,000 home in Albany and a $131,000 condominium in Myrtle Beach, South Carolina.

 

In August 2017, Constantine was sentenced in another federal criminal case, for making false statements in connection with her May 2016 application for employment with the United States Postal Service in Troy, New York.  Constantine, who has more than 20 prior convictions including convictions for fraud, falsely stated in her employment application that she had never been convicted of a crime.

 

Constantine has been in federal custody since September 13, 2016.  She received a sentence of time served on the false statements conviction.

 

This case was investigated by the USPIS, the New York State Police, the Social Security Administration Office of the Inspector General, and the Bethlehem Police Department, and was prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

ALBANY, NEW YORK – Attorney General Jeff Sessions today announced the appointment of Grant C. Jaquith as Interim United States Attorney pursuant to 28 U.S.C. § 546, which provides that “the Attorney General may appoint a United States Attorney for the district in which the office of United States Attorney is vacant.”  This appointment will take effect on January 5, 2018.

 

“Grant Jaquith has dedicated most of his career to public service as a federal prosecutor and a member of the military,” said Attorney General Sessions.  “He has earned not only the rank of Colonel, but a well-deserved reputation for determination and toughness as an attorney.  Over the last 28 years, he has prosecuted drug dealers, cop killers, and violent criminals.  That work has had a major impact on the community.  With Grant as Interim United States Attorney for the Northern District of New York, I believe that New Yorkers are in good hands.”

 

Mr. Jaquith is currently the Acting United States Attorney for the Northern District of New York.  He has worked in the United States Attorney’s Office for the Northern District of New York since 1989, serving as First Assistant United States Attorney (2010-2017), Chief of the Criminal Division (2006-2010), and Narcotics Chief and Chief of the Albany Office (1998-2006).

ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from November and December 2017:

 

Citizen of Mexico Sentenced for Illegal Entry into United States

 

Candelaria Solis-Guzman, age 30, of Mexico, was sentenced on November 9 to 22 days in jail following her guilty plea to illegally entering the United States from Canada.

 

Solis-Guzman admitted that she walked across the border approximately one-half mile east of the Trout River Port of Entry on the night of October 29, 2017.  She was arrested by Border Patrol Agents as she hid in the woods just south of the border near Trout River, New York. 

 

Citizen of Mexico Sentenced for Illegal Entry into United States

 

Fabian Moreno-Lule, age 30, of Mexico, was sentenced on December 5 to 17 days in jail following his guilty plea to illegally entering the United States from Canada.

 

Moreno-Lule admitted that he walked across the border without inspection one-half mile east of the Champlain Port of Entry on November 26, 2017.  He was arrested by Border Patrol Agents about one mile south of the border.  

 

Two Citizens of Haiti Sentenced for Illegal Entry into United States

 

Jean Dessalines, age 35, and Rosthy Pierre Charles, age 46, both of Haiti, were sentenced on December 14 to 24 days in jail and 17 days in jail, respectively, following their respective guilty pleas to illegally entering the United States from Canada. 

 

Dessalines and Charles each admitted that together they walked across the border about one-half mile east of the Champlain Port of Entry on December 4, 2017.  They were arrested together by Border Patrol Agents as they walked south away from the border.

 

Citizen of Brazil Sentenced for Illegal Entry into United States

 

Maura Evangelista-Dias, age 44, of Brazil, was sentenced on December 14 to 30 days in jail following her guilty plea to illegally entering the United States from Canada. 

 

Evangelista-Dias admitted that she crossed the border approximately two miles east of the Massena Port of Entry on December 4, 2017.  She was found and arrested by Border Patrol Agents as she was trying to leave the border area. 

 

Citizen of Mexico Sentenced for Illegal Entry into United States

 

Marco Antonio Alpizar-Sanchez, age 34, of Mexico, was sentenced on December 19 to 45 days in jail after being found guilty at trial of illegally entering the United States from Canada. 

 

The evidence at trial demonstrated that Alpizar-Sanchez climbed over a fence and walked across the border one-half mile east of the Champlain Port of Entry on November 11, 2017.  Border Patrol Agents found Alpizar-Sanchez hiding in the woods about a half-mile south of the border.   

 

Two Citizens of Haiti Sentenced for Illegal Entry into United States

 

Joseph James Monexil, age 30, and Delorme Gedeon, age 41, both of Haiti, were sentenced on December 20 to 22 days in jail and 20 days in jail, respectively, following their respective guilty pleas to illegally entering the United States from Canada.

 

Monexil admitted that he walked across the border near Champlain, New York, on December 5, 2017.  He was arrested by Border Patrol Agents as he walked south away from the border. 

 

Gedeon admitted that he entered the United States from Canada by walking across the border near Champlain, New York, on December 7, 2017.  He was arrested by Border Patrol Agents as he walked south away from the border. 

 

Three Citizens of Haiti Sentenced for Illegal Entry into United States

 

Dony Lacroix, age 24, Inel Jean, age 29, and Jean Riche, age 30, all of Haiti, were each sentenced on December 21 to 20 days in jail following their respective guilty pleas to illegally entering the United States from Canada. 

 

Lacroix, Jean and Riche each admitted that they entered the United States together from Canada by walking across the border near Champlain, New York, on December 7, 2017.  They were arrested by Border Patrol Agents as they walked south away from the border. 

 

Citizen of Romania Sentenced for Illegal Entry into United States

 

Catalin Andrei Albu, age 30, of Romania, was sentenced on December 28 to time served (16 days in jail) following his guilty plea to illegally entering the United States from Canada. 

 

Albu admitted that he crossed the border approximately five miles east of the Massena Port of Entry on December 12, 2017.  Border Patrol Agents located and arrested him in Malone, New York. 

ALBANY, NEW YORK – Dario Sanchez-Rosas, age 56, and a citizen of Mexico, was sentenced today to 6 months in prison for illegally re-entering the United States.

 

The announcement was made by Acting 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).

 

Sanchez-Rosas, a citizen of Mexico, admitted that he was removed from the United States to Mexico three times in 2001.  On August 24, 2017, an ICE Officer arrested Sanchez-Rosas in Guilderland, New York.   Sanchez-Rosas did not have permission to re-enter the United States following the 2001 removals.

 

Senior United States District Judge Norman A. Mordue also ordered Sanchez-Rosas to serve a 1-year term of supervised release should he remain in the United States after completion of the prison term. Sanchez-Rosas will be processed for removal from the United States when he is released from prison.     

 

This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Tammy J. Lamere, age 46, of Granby, New York, pled guilty yesterday to crimes related to her sexual exploitation of a child, committed together with co-defendant Clif Seaway from 2010 – 2013, announced Acting United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II, and Kevin M. Kelly, Special Agent in Charge of the Buffalo Division of Homeland Security Investigations.

 

Lamere appeared yesterday before Senior United States District Judge Norman A. Mordue, and admitted that from 2010 – 2013 she and Seaway conspired to sexually abuse a child, and that she and Seaway engaged in various sexual acts with that child, for the purpose of producing visual depictions of that abuse.  The child was between the ages of 6 and 11 during the time of the offenses, and images and videos of Lamere and Seaway took of their sexual abuse of the child were recovered in the investigation into their crimes.  Seaway was convicted of these and other offenses last week, following a jury trial. 

 

Sentencing is scheduled for April 18, 2018 in Syracuse. The defendant faces a minimum sentence of 15 years and up to 30 years for each count of conviction, for a maximum possible sentence of 60 years in prison. The defendant will also be sentenced to serve a term of supervised release of at least 5 years and up to life when released from imprisonment and will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the New York State Police and Homeland Security Investigations with assistance provided by the Onondaga County Sheriff’s Office.  The case is being  prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Assistant United States Attorney Carina Schoenberger. 

 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

SYRACUSE, NEW YORK – Harry McCarthy, age 57, of Ogdensburg, New York, pled guilty today to sexually exploiting a child.

 

The announcement was made by Acting 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.

 

McCarthy admitted that in 2013 and 2014, he used a child to engage in sexually explicit conduct for the purpose of producing images of that conduct.  At the time of his crime, McCarthy was an officer at the Ogdensburg Police Department.

 

Sentencing is scheduled for April 18, 2018 in Syracuse before Chief United States District Judge Glenn T. Suddaby.  McCarthy pled guilty as part of an agreement that, if accepted by Chief Judge Suddaby, would require him to serve 15 years in prison, to be followed by 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.  McCarthy would also be required to register as a sex offender. 

 

This case was investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Geoffrey Brown.

 

This case was prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Avelarto Lopez Garcia, age 22, and a citizen of Mexico, was sentenced today to time served (29 days in jail) for illegally re-entering the United States. 

 

The announcement was made by Acting 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, Lopez Garcia admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on December 12, 2015.  Lopez-Garcia had previously been removed from the United States back to Mexico on December 15, 2012, October 27, 2015, October 30, 2015, and December 9, 2015. 

 

On November 16, 2017, ICE officers arrested Lopez Garcia in Latham, New York. 

 

Following the sentencing, Lopez Garcia was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

The case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Eric Campbell, age 36, formerly of Lewis County, was sentenced today to 72 months imprisonment for possessing methamphetamine and for possessing pseudoephedrine knowing it would be used to manufacture methamphetamine, announced Acting 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.

 

The evidence against Campbell established that between January 2014 and November 2015, he and others purchased pseudoephedrine pills weighing more than 100 grams from different drug stores in and around Lewis County.  Campbell knew there were restrictions on the sale of pseudoephedrine, and to avoid scrutiny often rotated the stores where he bought the pills.  Campbell purchased the pseudoephedrine and possessed pseudoephedrine purchased by others knowing it would be used to illegally manufacture methamphetamine.  On November 13, 2015, Campbell possessed approximately 107 grams of a liquid containing methamphetamine, the result of an unfinished methamphetamine “cook.”   

 

After serving his term of imprisonment, Campbell will be on supervised release for 3 years. 

 

This case was investigated by the New York State Police (NYSP), including the NYSP Contaminated Crime Scene Emergency Response Team (CCERT) and New York State Intelligence Center (NYSIC), the Lewis County Sheriff’s Office, and the U.S. Drug Enforcement Agency, and was prosecuted by Assistant U.S. Attorney Carl Eurenius.

SYRACUSE, NEW YORK – Brian T. Hanlon, age 36, of Syracuse, New York, was sentenced yesterday in federal court to serve a two-year term of probation and pay a $2,500 fine for willfully obstructing the passage of the mail by stealing money from mailed letters, announced Acting United States Attorney Grant C. Jaquith and Eileen Neff, Special Agent in Charge, United States Postal Service, Office of Inspector General (USPS OIG), Northeast Area Field Office.

 

Hanlon, who had been employed at the United States Postal Service (USPS) since 2003, admitted as part of his guilty plea that while working at a Postal Facility in Syracuse, he opened between 20 and 30 pieces of mail that were not addressed to him over approximately two weeks in April 2017. He further admitted that after opening these mail items, he stole approximately $100 in cash from them. USPS OIG agents caught Hanlon stealing $11 from a piece of mail at the Syracuse USPS facility on April 21, 2017, after which he confessed to the other thefts. Hanlon is no longer employed by the U.S. Postal Service.

 

This case was investigated by the United States Postal Service, Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.

SYRACUSE, NEW YORK – Following a four-day trial in federal court in Syracuse, a jury today found Clif J. Seaway, age 61, of Granby, New York, guilty of two counts of Conspiracy to Sexually Exploit a Child and ten counts of Sexual Exploitation of a Child, announced Acting United States Attorney Grant C. Jaquith, New York State Police Superintendent George P. Beach II, and Kevin M. Kelly, Special Agent in Charge of the Buffalo Division of Homeland Security Investigations.

 

The evidence at trial established that Clif J. Seaway conspired with others to, and did sexually exploit, five minor children from 2001 through 2013 in Oswego, Onondaga, and Jefferson Counties, and took sexually explicit photos and videos of the victims. During the trial the jury viewed numerous videos and photographs made by the defendant of his sexual exploitation of all five victims and heard testimony from one, who is now an adult. The trial evidence also included the defendant’s recorded confession to New York State Police Investigators. 

 

“The jury heard testimony about the defendant’s abhorrent, prolonged sexual exploitation of five minor victims over many years and rendered a verdict that will hold the defendant accountable for his heinous criminal conduct.  With our law enforcement partners, we will continue to investigate and prosecute such unfathomable crimes against the most vulnerable and helpless among us –  children -- to the fullest extent of the law,” said Acting U.S. Attorney Grant C. Jaquith.

 

New York State Police Superintendent George P. Beach said, “While these type of investigations are difficult for those who have worked the most shocking of cases, the evidence gathered and work done by the State Police and our law enforcement partners, led to this conviction and ensures the defendant will serve time for his deplorable crimes. Together, we will continue to seek justice for those who have been victimized and protect those who are most vulnerable, our children.”

 

"Today's conviction is a critical first step toward healing for all of those impacted by the depraved acts perpetrated by this defendant," said Kevin Kelly, Special Agent in Charge of Homeland Security Investigations, Buffalo Division. "HSI will continue to aggressively pursue those who prey on the most vulnerable in society, our children."

 

Sentencing is scheduled for April 30, 2018 in Syracuse. The defendant faces a minimum sentence of 15 years and up to 30 years for each count of conviction, for a maximum possible sentence of 360 years in prison. The defendant will also be sentenced to serve a term of supervised release of at least five years and up to life if released from imprisonment and will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the New York State Police and Homeland Security Investigations with assistance provided by the Onondaga County Sheriff’s Office.  The case is being  prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Assistant United States Attorney Carina Schoenberger. 

 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.