Northern District of New York

ALBANY, NEW YORK – Juan David Monzon Tejada, age 29, and a citizen of El Salvador, pled guilty today to illegal re-entry into 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).

 

Monzon Tejada was removed from the United States to El Salvador on September 22, 2015.  On November 19, 2017, ICE Officers arrested him in Glenville, New York.  Monzon Tejada admitted that he illegally returned to the United States following the 2015 removal.   

 

Monzon Tejada faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Lawrence E. Kahn on April 11, 2018.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

 

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

 

ALBANY, NEW YORK – Jaime Marquez-Venancio, age 50, and a citizen of Mexico, was sentenced today to time served (76 days in jail) for illegally re-entering the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Marquez-Venancio 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 4, 2017.  Marquez-Venancio was also previously removed to Mexico on April 28, 2017.    

 

On September 28, 2017, Marquez-Venancio was arrested by Border Patrol Agents in Mooers, New York, as he was walking south away from the Canadian border after he illegally walked across the border at a remote location in Clinton County.         

 

Following his sentencing, Marquez-Venancio was remanded to the custody of the Department of Homeland Security, for removal proceedings. 

 

This case was investigated by United States Border Patrol and prosecuted by Assistant United States Attorney Edward P. Grogan.

ALBANY, NEW YORK – Tyleek Deramus, age 19, of Brooklyn, New York, was sentenced yesterday to 27 months in prison for possessing crack cocaine with the intent to distribute it.

 

The announcement was made by 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.

 

As part of his guilty plea, Deramus admitted that on October 13, 2016, he transported approximately 47 grams of crack cocaine from New York City to Plattsburgh, New York, intending to sell the crack cocaine in the Witherbee, New York, area.

 

Senior United States District Judge Thomas J. McAvoy also imposed a 3-year term of supervised release, to begin after Deramus is released from prison.

 

This case was investigated by the DEA and New York State Police, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.

SYRACUSE, NEW YORK – Eddy Wilkins, also known as Alejandro Hernandez, age 65, and a citizen of Mexico, was arraigned today on an indictment charging him with illegally re-entering the United States after having been previously deported, as well as fraud and misuse of a social security number, and aggravated identity theft.

The announcement was made by Acting United States Attorney Grant C. Jaquith, Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), and John F. Grasso, Special Agent in Charge of the Social Security Administration Office of the Inspector General (SSA-OIG), New York Field Office.

The indictment alleges that Wilkins was previously removed from the United States to Mexico following his conviction for an aggravated felony, returned, and was found near Syracuse.  The indictment also alleges that the defendant falsely represented a social security number belonging to someone else to be his own and used that means of identification without permission. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

If convicted, Wilkins faces up to 20 years in prison on the illegal reentry offense, up to five years in prison on the fraudulent misuse of a social security number offense, and a mandatory consecutive sentence of two years on the aggravated identity theft count.  He also faces a maximum potential fine of $250,000 on each count and up to three years 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.

Wilkins was arraigned today in Syracuse, New York, before United States Magistrate Judge David E. Peebles, and ordered detained pending a trial scheduled for February 12, 2018.

This case is being investigated by U.S. Immigration and Customs Enforcement (ICE) and Social Security Administration Office of the Inspector General (SSA-OIG), and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.

ALBANY, NEW YORK – Raul Meza, age 48, and a citizen of Mexico, was sentenced today to time served (113 days jail) for illegally re-entering the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

As part of his guilty plea, Meza admitted that on August 18, 2017, a Border Patrol agent found him walking on a road in Champlain, New York, 250 yards south of the border between the United States and Canada.  Meza had twice been removed from the United States to Mexico, first in 2001 and again in 2010.  Meza did not have authorization to return to the United States.

 

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

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Douglas Collyer.

ALBANY, NEW YORK – Matthew P. Charo, age 36, of Saratoga Springs, New York, was sentenced today to 10 years in prison for distributing heroin to a 30-year-old woman who died from taking it. 

 

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 (FBI).

 

Acting United States Attorney Grant C. Jaquith stated: “Today’s sentence holds Matthew Charo accountable for causing the death of a young woman who was struggling to overcome her addiction.  Though his decade of imprisonment cannot undo the harm to the victim and her family, who will continue to endure the unimaginable loss of their daughter, vigorous enforcement is a key component of prevention. Heroin kills, and dealing heroin is a deadly choice that can subject the dealer of even a small amount to severe consequences if a customer dies from taking heroin.  As part of our multi-pronged approach to the opioid crisis, we will continue to work with our law enforcement partners to hold drug dealers accountable for fatal overdoses.”

 

FBI Special Agent in Charge Vadim D. Thomas stated: “Today’s sentencing is the culmination of many long hours and dedicated work, but the effort to make our communities safer continues. The FBI is committed to investigating those like Mr. Charo, who endanger our families and our communities with drugs.”

 

As part of his guilty plea on August 14, 2017, Charo admitted that on October 2, 2014, he sold heroin to a 30-year-old woman who was his acquaintance from high school. Before the sale, the victim told Charo that she had tried all day to buy heroin without success.  Charo agreed to help the victim buy heroin, and used the victim’s food stamp EBT card to buy heroin from another individual, which he then distributed to the victim. She ingested the heroin and died due to acute heroin intoxication.

 

New York State Police Superintendent George P. Beach II stated: “I want to thank our law enforcement partners at the federal, state and local level for bringing this man to justice. Drugs such as heroin destroy our communities and put lives at risk. This sentencing sends a clear message that we will not tolerate the illegal drug activity and the deadly consequences that are associated with such activity. We will remain vigilant in pursuing and prosecuting criminals who threaten the safety of our neighborhoods through the distribution of these illegal and harmful narcotics.”

 

Saratoga Springs Police Department Chief Gregory Veitch stated: “As this investigation has clearly demonstrated, drug dealing is not a victimless crime.  No prison sentence will ever bring this victim back to life or alleviate the suffering of her loved ones.  The Saratoga Springs Police Department remains committed to working with our state and federal partners in law enforcement in this never-ending battle against those who choose prey on our community.”

 

As part of the sentence, Senior United States Judge Frederick J. Scullin Jr. also imposed a 3-year term of supervised release, to begin following Charo’s release from prison.

 

This case was investigated by the FBI, the New York State Police, and the Saratoga Springs Police Department, and was prosecuted by Assistant U.S. Attorney Daniel Hanlon.

 

ALBANY, NEW YORK – Nikolay Souslov, a/k/a “Nikolay Glukhov,” a/k/a “Nikolai Kuznetsov,” a/k/a “Nikolai Burov,” age 70, and a citizen of Russia, was sentenced today to 37 months in prison for alien smuggling.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Souslov was convicted following a four-day jury trial in May 2017. Chief United States District Judge Glenn T. Suddaby also ordered him to serve a 3-year term of post-imprisonment supervised release.

 

The evidence at trial showed that between 2013 and October 19, 2016, Souslov smuggled people into the United States by walking them through the woods from Canada during the night.  Souslov, who is experienced in orienteering, used only a compass to guide people through the woods to a pickup spot, where they were transported to New Jersey. On October 19, 2016, Border Patrol arrested Souslov as he led an alien into the United States.

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Douglas G. Collyer.

ALBANY, NEW YORK – Maria Angelica Cruz Lancheros, a/k/a Coral Marisol Tovar Flores, age 41, and a citizen of Mexico, pled guilty today to illegally re-entering the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Cruz Lancheros admitted that she was removed from the United States to Mexico on July 7, 2009 and again on June 14, 2010.  In 2010, Cruz Lancheros was convicted of this same offense, re-entry of a removed alien, in the United States District Court for the Western District of Texas.  Cruz Lancheros admitted that she returned to the United States without permission after those removals and that on May 6, 2017, she was in Burke, New York.

 

As a result of her conviction, Cruz Lancheros faces up to 10 years in prison and a fine of up to $250,000 when she is sentenced by Chief United States District Judge Glenn T. Suddaby on April 6, 2018.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Shelley L. Bovee, age 63, of Gloversville, New York, was sentenced today to 3 years of probation for dealing firearms without a license.

 

The announcement was made by Acting United States Attorney Grant. C. Jaquith and Ashan M. Benedict, Special Agent In Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), New York Field Division.

 

Senior United States District Judge Frederick J. Scullin, Jr. also sentenced Bovee to pay a $2,000 fine and perform 50 hours of community service.

 

As part of his August 23, 2017 guilty plea, Bovee admitted that on three occasions in 2016, he sold a total of five firearms, including two .22 caliber rifles, a .30-30 caliber long gun, a .410 caliber shotgun, and an AR-15 variant rifle.  Bovee admitted to selling these firearms for a profit without having the required federal firearms license.

 

This case was investigated by the ATF and prosecuted by Special Assistant United States Attorney Jason W. White.

ALBANY, NEW YORK – Jose Alberto Villa Pilamunga, age 28, and a citizen of Ecuador, was sentenced today to time served (27 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, Villa Pilamunga admitted that he is a citizen of Ecuador, and that he illegally returned to the United States after he was removed to Ecuador on July 15, 2011. 

 

On November 9, 2017, ICE Officers arrested Villa Pilamunga in Cobleskill, New York. 

 

Following the sentencing, Villa Pilamunga 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

SYRACUSE, NEW YORK - Emily Oberst, age 25, of Syracuse, was sentenced today to 60 years in prison for her sexual exploitation of children, announced Acting United States Attorney Grant C. Jaquith and Special Agent in Charge Vadim D. Thomas of the Federal Bureau of Investigation Albany Field Office. Oberst, who pled guilty to one count of conspiracy to sexually exploit children and 11 counts of child exploitation, will also be on a lifetime term of supervised release and must register as a sex offender following her release from prison.

 

“The substantial sentence imposed today reflects the enormity of the defendant’s appalling sexual exploitation of an infant and a toddler.   We will continue to use all available tools to hold child predators accountable so that all children can be safe from such abominable abuse,” said Acting U.S. Attorney Grant C. Jaquith.

 

“Ms. Oberst committed shocking and unspeakable crimes against the most innocent among us. Today’s sentencing ensures that she will receive justice for her heinous crimes,” said FBI Special Agent in Charge Vadim D. Thomas.

 

During her April 2017 guilty plea, Oberst admitted that she took sexually explicit images of two girls, an infant and a 4-year old, and sent those images to her co-defendant Jason Kopp. Jason Kopp previously pled guilty to a 28-count indictment charging conspiracy to sexually exploit children, child sexual exploitation, and other child pornography offenses. On September 13, 2016, he was sentenced to serve 235 years in prison.

 

This case was investigated by the Albany Field Office of the FBI (Syracuse Resident Agency), the New York State Police and the Metropolitan Police Department-Federal Bureau of Investigation Child Exploitation Task Force (Washington Field Office), and was prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Robert Levine.

 

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 – Christopher Mikelinich, age 52, of Ancram, New York, was arraigned today on an indictment charging him with possessing firearms as a felon.

 

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

 

The indictment charges Mikelinich with possessing a 12 gauge semi-automatic shotgun and a .22 caliber semi-automatic rifle after having been convicted of a felony offense. The charges in the indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

 

The charges carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

Mikelinich was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and detained pending a trial before Senior United States District Judge Norman A. Mordue.

 

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

ALBANY, NEW YORK – Juan Carlos Cruz Figueroa, age 30, and a citizen of Mexico, was sentenced today to time served (80 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, Cruz Figueroa admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on November 7, 2007.  Cruz Figueroa had also been removed to Mexico on September 22, 2007. 

 

On September 11, 2017, ICE Officers arrested Cruz Figueroa in Saratoga Springs, New York.

 

Following his sentencing, Cruz Figueroa 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 – Leonel Antonio Rodriguez Ayala, age 29, and a citizen of Honduras, pled guilty today to 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, Rodriguez Ayala admitted that he was removed from the United States to Honduras on October 3, 2013, and that he returned to the United States without permission following the 2013 removal. On October 24, 2017, ICE Officers arrested Rodriguez Ayala in Saratoga Springs, New York.   

 

Rodriguez Ayala faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States Judge Lawrence E. Kahn on March 29, 2018.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

 

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

ALBANY, NEW YORK – Diane Backis, age 51, of Athens, New York, was sentenced today to 60 months in prison for stealing $3.1 million from her employer Cargill, Inc. (“Cargill”) and causing over $25 million in additional losses.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith; Special Agent in Charge Vadim D. Thomas of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Special Agent in Charge James D.  Robnett of Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.

 

United States District Judge Mae A. D’Agostino described the scheme as “insidious,” and Backis’s behavior as both “greedy” and “piggish.”  Judge D’Agostino imposed a 2-year term of supervised release, to begin after Backis is released from prison.  She also ordered Backis to pay $3.5 million in restitution to Cargill, an agricultural services conglomerate based in Minnetonka, Minnesota.

 

On November 28, 2016, Backis pled guilty to charges of mail fraud and filing a false income tax return.  Backis was responsible for accounting functions for Cargill’s grain operations in Albany, including creating customer contracts, generating and mailing invoices, and receiving and processing customer payments.  As part of her plea, Backis admitted that she defrauded Cargill while working in the company’s Port of Albany facility, which receives, stores, and sells grain products.

 

Acting United States Attorney Grant C. Jaquith stated: “Diane Backis was a longtime Cargill employee who was trusted to manage valuable grain commodities.  She repeatedly betrayed that trust by stealing over $3 million over a decade and causing at least $25 million in additional losses in an effort to cover up her theft.  Thanks to the teamwork of federal agents who unraveled Backis’s complex and lengthy scheme, she is being held accountable for her crime.” 

 

FBI Special Agent in Charge Vadim D. Thomas stated: “Ms. Backis caused tens of millions in losses and did lasting damage to Cargill.  The FBI will continue to work with our law enforcement partners to ensure this kind of malicious behavior is investigated and prosecuted.”

 

IRS-CI Special Agent in Charge James D. Robnett stated: “Today’s sentencing demonstrates the serious consequences of financial crimes such as this, and the collective focus of IRS Criminal Investigation (CI) and our partners on holding the perpetrators of such fraudulent schemes accountable for their actions.”

 

As part of her plea, Backis admitted that she stole hundreds of customer payments sent to Cargill totaling at least $3,115,610 and deposited them into her personal bank accounts.  Backis also regularly created fraudulent invoices and mailed them to Cargill’s customers.  The fraudulent invoices charged Cargill’s customers prices substantially less than what Cargill paid to acquire the grain products, causing Cargill significant financial losses.  The fraudulent invoices also directed Cargill’s customers to send payment directly to Backis, thereby bypassing Cargill’s corporate controls. 

 

To hide her activities, Backis made false entries into Cargill’s accounting software to make it appear that customers were paying prices higher than those in her fraudulent invoices, and that customers owed Cargill millions of dollars for delivered grain products.  Backis then later reversed those false entries.  As a result, Cargill lost at least $25 million.

 

Backis also admitted that she filed a false 2015 individual income tax return because she declared only $61,208 in total income and omitted over $450,000 in additional taxable income she received by stealing customer payments intended for Cargill in 2015.

 

This case was investigated by the FBI and IRS-CI, and was prosecuted by Assistant U.S. Attorney Wayne A. Myers.

ALBANY, NEW YORK – Anthony David Gentile, age 57, of Queens, New York, was sentenced today to 60 months in prison for receiving and possessing child pornography.

 

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 (FBI).

 

Senior United States District Judge Gary L. Sharpe also imposed a 10-year term of post-imprisonment supervised release, and ordered Gentile to pay total restitution of $22,000 to 5 child pornography victims whose images of abuse Gentile possessed.   Gentile must also register as a sex offender upon his release from prison.

 

As part of his guilty plea on June 28, 2017, Gentile admitted that in 2014, as a resident of Albany County, he used the Internet and a peer-to-peer file-sharing network to download child pornography. Gentile also admitted that he possessed and stored child pornography on a computer and several hard drives.

 

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

SYRACUSE, NEW YORK – Rodrigo Villanueva-Yanez, age 40, and a citizen of Mexico, pled guilty today to illegally reentering the United States after being previously deported.  Villanueva-Yanez was also sentenced today to serve 4 months in prison, to be followed by a 1-year term of supervised release. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent Brian S. Hastings, United States Border Patrol, Buffalo Sector.

 

Villanueva-Yanez was removed from the United States in 2011, at the Port of Entry in Hidalgo, Texas.  He later re-entered the country without the permission of the Department of Homeland Security and was found in Watertown, New York at the time of his arrest.

 

Villanueva-Yanez will be transferred to the custody of the Department of Homeland Security, which will place him into removal proceedings.

 

This case was investigated by United States Border Patrol, Wellesley Island Station, and prosecuted by Assistant United States Attorney Robert S. Levine.

SYRACUSE, NEW YORK – Jose Matos, age 29, and Jeremias Matos, age 28, both of Syracuse, were arraigned yesterday on an indictment charging them with conspiracy to possess with intent to distribute heroin and for possessing a firearm in relation to a drug trafficking crime.  Jeremias Matos is also charged with being a felon in possession of a firearm.

The announcement was made by Acting United States Attorney Grant C. Jaquith, Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA), and Syracuse Police Chief Frank Fowler.

The indictment charges both defendants with conspiring to possess with intent to distribute 100 grams or more of heroin from approximately August 2012 until April 2015.  The indictment also charges Jose Matos individually with possessing a .45 caliber handgun and a 12-gauge shotgun in furtherance of a drug trafficking crime.  The indictment further charges Jeremias Matos individually with illegally possessing a .45 caliber handgun in furtherance of a drug trafficking crime, and with being a previously convicted felon in possession of a firearm.

If convicted, the defendants each face at least 5 years and up to 40 years in prison, a fine of up to $5 million, and a term of post-imprisonment supervised release of at least 4 years and up to life, in connection with the conspiracy to possess with intent to distribute heroin charge. Both men face potential consecutive sentences of 5 years in prison if convicted of possession of a firearm in furtherance of a drug trafficking crime. Jeremias Matos also faces a sentence of up to 10 years in prison and a fine of up to $250,000 if convicted of being a felon in possession of a firearm.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

The defendants were arraigned yesterday in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks, who ordered them detained pending a trial scheduled for January 16, 2018.

This case is being investigated by the Drug Enforcement Administration (DEA) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.

ALBANY, NEW YORK – Jose Garcia-Flores, a/k/a Moises Agular-Munoz, age 42, formerly a resident of Waldorf, Maryland, and a citizen of Mexico, pled guilty yesterday to transporting three Mexican citizens who had illegally crossed into the United States from Canada.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

As part of his guilty plea, Garcia-Flores admitted that on the morning of September 17, 2017, along the international border near Champlain, New York, he picked up three Mexican citizens who had crossed the border illegally from Canada the night before.  Garcia-Flores was driving the two men and one woman to Maryland when he was stopped and arrested by Border Patrol Agents at the Border Patrol checkpoint on Interstate 87 (the Northway) on the morning of September 17.   At the time of his crime, Garcia-Flores himself was in the United States without authorization.

 

United States District Judge Mae A. D’Agostino is scheduled to sentence Garcia-Flores on March 19, 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 the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

Following the completion of his sentence, the Department of Homeland Security will put Garcia-Flores into removal (deportation) proceedings.

 

The smuggled aliens, Samuel Alcaraz-Diaz, age 22, Jesus Enrique Vela-Hernandez, age 37, and Guadalupe Diaz-Arevalo, age 43, all of Mexico, were each sentenced on October 3, 2017 to 20 days in jail, and then placed into removal proceedings. 

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Myroslav Avram, age 46, of Brooklyn, New York, and a citizen of Ukraine, was sentenced yesterday to time served (65 days in jail), as well as a 2-year term of supervised release, for transporting another Ukrainian citizen who illegally crossed the border into the United States.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Avram pled guilty on December 12, 2016 and admitted that on February 23, 2016, in Hogansburg, New York, he picked up a Ukrainian citizen who had crossed the border illegally from Canada.   Avram was driving the man to New York City when he was stopped and arrested by Border Patrol Agents near Clinton, New York. 

 

The smuggled alien, Petro Vasylyovy Lakusta, age 40, of Ukraine, was sentenced on March 1, 2016 to 23 days in jail and then placed into removal (deportation) proceedings. 

 

This case was investigated by the United States Border Patrol 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, pled guilty today to wire fraud in connection with a scheme to obtain mortgages and car loans under the false pretense of being a beneficiary of a $12 million trust.

 

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.

 

As part of her guilty plea, Constantine admitted that, from October 2014 through July 2016, when she was known as Robert Bove, she 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. 

 

The plea follows Constantine’s August 21, 2017 federal sentencing for making false statements in connection with her May 2016 application for employment with the United States Postal Service.  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.

 

United States District Judge Mae A. D’Agostino is scheduled to sentence Constantine on December 22, 2017 on the fraud conviction.  Constantine faces up to 30 years in prison, a maximum $1 million fine, and a term of post-imprisonment supervised release of up to 5 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.

 

The plea agreement requires that Constantine consent to forfeiture in the amount of $43,640.72, and pay restitution in the amount of $18,739 to the Social Security Administration and $24,901.72 to the seller of the Myrtle Beach condominium.

 

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

ALBANY, NEW YORK – Dr. Vincent Koh, age 72, and his wife and office manager Milly Koh, age 63, of Queensbury, New York, each pled guilty today to receiving and delivering misbranded drugs, a misdemeanor.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith; Jeffrey Ebersole, Special Agent in Charge of the New York Field Office of the Food and Drug Administration (FDA) Office of Criminal Investigations; and Scott J. Lampert, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG), New York Region.

 

According to plea agreements signed by the Kohs, Vincent Koh is a New York State-licensed medical doctor specializing in the treatment of cancer patients, with offices in Poughkeepsie and Glens Falls, New York.  Milly Koh manages the practice, and is responsible for ordering the drugs that her husband prescribes. 

 

From July 2010 through March 2012, the Kohs ordered various discount oncology drugs, from foreign sources, that Vincent Koh prescribed and administered to patients.  These drugs had not been approved by the FDA for distribution or use in the United States, and their labeling did not contain information required by law.  As such, these prescription drugs were misbranded, and illegal to receive and provide to patients in the United States. 

 

In entering guilty pleas, Vincent Koh and Milly Koh admitted that they regularly ordered and delivered to patients a drug labeled Mabthera.  Generally, Mabthera contains rituximab, the same active ingredient found in the FDA-approved drug legally used and marketed in the United States as Rituxan.  However, the drug ordered by Vincent Koh and Milly Koh came from an unapproved, foreign source, and its label did not bear adequate directions for use and other information required by the FDA. 

 

Vincent Koh and Milly Koh are scheduled to be sentenced on March 20, 2018 by United States Magistrate Judge Daniel J. Stewart.  They each face up to 1 year in jail and 1 year of supervised release, and a maximum $100,000 fine.  Each could also receive a sentence of probation.  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 FDA Office of Criminal Investigations and HHS-OIG, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti. 

 

UTICA, NEW YORK – Ryan Granger, a/k/a Bubba Granger, age 38, formerly of Lewis County, New York, was sentenced to serve 108 months in prison for possessing pseudoephedrine knowing it would be used to manufacture methamphetamine, and for manufacturing and distributing  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.

 

Between January 2015 and September 2016, Granger, together with co-defendant Megan Thomas, age 30, also of Lewis County, purchased pseudoephedrine pills with an aggregate weight of 96 grams from different drug stores in and around Lewis County.  Granger and Thomas knew there were restrictions on the sale of pseudoephedrine, and to avoid scrutiny, often rotated the stores from which they bought the pills. Granger and Thomas purchased the pseudoephedrine knowing it would be used to illegally manufacture methamphetamine, distributing some of the pseudoephedrine to others for that purpose, while Granger and Thomas themselves “cooked” methamphetamine with some of the pills they had purchased.  Granger and Thomas ingested the finished methamphetamine and Granger sold “user quantity” amounts of the finished methamphetamine to others. 

 

Granger, who has been held in custody since his arrest on March 3, 2017, entered his guilty pleas on July 10, 2017, which is also the date on which Thomas pled guilty to the charges.  On November 8, 2017, Thomas was sentenced to serve a term of 18 months in prison.  After completing their respective terms of imprisonment, Granger and Thomas will each be placed on a term of supervised release; Granger for at least 6 years, Thomas for at least 3 years. 

 

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

 

ALBANY, NEW YORK – Keith Bleau, age 51, of Johnsonville, New York, pled guilty today to receiving and possessing child pornography.

 

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.

 

As part of his guilty plea, Bleau admitted that between November 1, 2016 and May 15, 2017, he used the Internet and file-sharing software to download child pornography videos.  Bleau possessed about 25 video files containing child pornography.  

 

Bleau faces at least 5 years and up to 20 years in prison, to be followed by supervised release of at least 5 years and up to life, and a maximum $250,000 fine, when he is sentenced on March 20, 2018 by United States District Judge Mae A. D’Agostino. 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.  Bleau would also have to register as a sex offender upon his release from prison.

 

This case was investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

 

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

SYRACUSE, NEW YORK – Lavyette Garcia, age 39, of Johnson City, New York, was charged in an 11-count indictment alleging that she prepared and filed false federal income tax returns in an effort to fraudulently obtain refunds from the U.S. Treasury Department, announced Acting United States Attorney Grant C. Jaquith and James D.  Robnett, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (IRS-CI).

 

The defendant was arrested by Special Agents of the IRS-CI at her home on Friday November 17, 2017, was arraigned in Syracuse, New York, before United States Magistrate Judge Therese Wiley-Dancks, and released pending a trial before Senior United States District Judge Thomas J. McAvoy on January 16, 2018.

 

Five of the charges in the indictment allege that the defendant filed false claims in the form of federal income tax returns, and carries a maximum sentence of up to 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  Six other charges in the indictment allege that the defendant prepared federal income tax returns containing false and fraudulent information, and carries a maximum sentence of up to 3 years and a fine of up to $100,000.00.   A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

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

 

This case is being investigated by Internal Revenue Service-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

ALBANY, NEW YORK – Amado Colon, age 21, of Albany, New York, was sentenced today to 60 months in prison for distributing, receiving and possessing child pornography.

 

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 (FBI).

 

Senior United States District Judge Gary L. Sharpe also imposed a 10-year term of post-imprisonment supervised release, and ordered Colon to pay total restitution of $25,000 to 7 child pornography victims whose images of abuse he possessed.   Colon must also register as a sex offender upon his release from prison. 

 

As part of his July 27 guilty plea, Colon admitted that in June 2014, he posted child pornography images to an image-sharing web site based in Russia, allowing visitors to the site to view the images.  He also received, from others, the username and password information for 8 Dropbox remote storage accounts, each of which contained hundreds of images of child pornography.  Colon then took exclusive control over these accounts, and the child pornography in them, by changing the accounts’ usernames and passwords.  Colon also admitted to possessing child pornography files on several electronic devices found in his house. 

 

This case was investigated by the FBI and prosecuted by Assistant United States Attorney Michael Barnett. 

 

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

ALBANY, NEW YORK – Jose Agustin Martinez, age 35, and a citizen of Mexico, pled guilty today to illegal re-entry into the United States.

 

The announcement was made by Acting 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).

 

Agustin Martinez was previously removed from the United States to Mexico on May 18, 2016, following a felony conviction earlier that year, in New York, for driving while intoxicated.   On February 14, 2017, he was encountered by an ICE Officer in the Ulster County Jail in Kingston, New York.  Agustin Martinez admitted that he returned to the United States without permission following the May 2016 removal.   

 

As a result of his conviction, Agustin Martinez faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by United States Judge Mae A. D’Agostino on March 19, 2018.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

 

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

SYRACUSE, NEW YORK – Luis Estela, age 53, of Utica, New York, was sentenced today to serve 51 months in prison for his participation in a conspiracy to possess with intent to distribute heroin, announced Acting 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.

 

After a two-day jury trial in June 2017, Estela was convicted of conspiracy to possess with intent to distribute heroin in connection with his involvement in a heroin trafficking organization operating in Utica and Rome, New York.  At trial, the evidence showed that Estela helped the organization package heroin on multiple occasions and assisted in distributing drugs along the Erie Canal in Rome.

 

Chief District Judge Glenn T. Suddaby also sentenced Estela to serve a 3-year term of supervised release following his release from prison.

 

This case was investigated by the DEA, New York State Police-Community Narcotics Enforcement Team-Central (NYSP-CNET), City of Rome Police Department, City of Utica Police Department, Oneida County Sheriff’s Office, Oneida County District Attorney’s Office, U.S. Marshals Service, U.S. Border Patrol, U.S. Department of Homeland Security Investigations, Onondaga County Sheriff’s Office, and Onondaga County District Attorney’s Office.  The case was prosecuted by Assistant United States Attorneys Robert Levine and Carla Freedman.

ALBANY, NEW YORK – Reynaldo Cristobal Jimenez Jimenez, age 25, and a citizen of Mexico, was sentenced today to time served (22 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, Jimenez Jimenez admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on September 16, 2012. 

 

On October 25, 2017, ICE Officers arrested Jimenez Jimenez in Queensbury, New York. 

 

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

 

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

 

ALBANY, NEW YORK – Kewon D. Johnson, age 24, of Albany, pled guilty today to being a felon in possession of a firearm.

 

The announcement was made by Acting 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, Johnson admitted that on July 27, 2017, while in Troy, he possessed a Glock .40 caliber semiautomatic pistol.  Johnson was prohibited from possessing the pistol because he had two prior felony convictions.

 

At sentencing on March 12, 2018, Johnson 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 United States Sentencing Guidelines and other factors.

 

This case was investigated by the ATF, Albany Police Department, and Troy Police Department, and is being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.

ALBANY, NEW YORK – Felipe Martinez-Rios, age 27, and a citizen of Mexico, was sentenced today to time served (3 months 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, Martinez-Rios admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on April 13, 2010. 

 

On August 2, 2017, ICE Officers arrested Martinez-Rios in Amsterdam, New York. 

 

Following the sentencing, Martinez-Rios 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, Sixteen defendants face federal charges related to methamphetamine production, 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.

 

On November 15, 2017, the following 16 people were arrested in connection with federal indictments charging them with possessing pseudoephedrine, an over-the-counter drug, knowing that it would be used to make methamphetamine:

 

Warren J. Zeilman, 56, Vestal, NY

Lisa K. Zeilman, 52, Vestal, NY

Tyler Brobeck, 27, Cortland, NY

Alysia M. Brobeck, 27, Cortland, NY

Pamela Lackner, 48, Cortland, NY*

William J. Richards, 39, Johnson City, NY

Kurtis H. Richards, 20, Johnson City, NY

Charles A. McNeilly, 50, Whitney Point, NY

Donald W. Moshier, 39, Whitney Point, NY

Corey R. Mangan, 30, Lisle, NY

Troy D. Clark, 40, Whitney Point, NY

Mervin R. Clark, 63, Glen Aubrey, NY

Lindy S. Clark, 34, Glen Aubrey, NY

Samantha B. Albanese, 32, Truxton, NY

James E. Duff, 39, Truxton, NY

Timothy Duff, 38, Cortland, NY

           

*Arrested on November 14, 2017.

 

If convicted, these defendants face up to 20 years in prison, a fine of up to $250,000 and terms of supervised release of up to three years.

 

The charges in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty. 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.

 

All of the charged defendants are residents of Broome, Cortland, and Tioga Counties.

 

Acting U.S. Attorney Grant C. Jaquith said, “These cases illustrate our continuing commitment to combating the alarming proliferation of small, clandestine methamphetamine ‘laboratories’ that use pseudoephedrine and caustic chemicals and solvents in a process that endangers the participants and the environment and yields a poisonous product that harms users, families, and communities.  There is hope in the remedial and preventive effects of strong enforcement, along with education regarding the harmful effects of methamphetamine, the need for treatment for users, and the importance of contacting law enforcement when a meth lab is suspected.”

 

DEA Special Agent in Charge James Hunt stated, “Methamphetamine use is deadly; and the methods used to make methamphetamine are ticking time bombs. They are extremely dangerous to residents, neighbors and end users.  These arrests are messages to meth manufacturers and traffickers that law enforcement is determined to dismantle deadly threats and protect our towns from the perils of drug abuse.”

 

New York State Police Superintendent George P. Beach II said, “Every agency involved in this investigation shares equal praise for their efforts. These arrests are the result of a tremendous amount of intelligence, investigative and analytical work by State Police and our law enforcement partners. These individuals were purchasing ingredients for the purpose of manufacturing a dangerous and illegal drug in and around Broome, Cortland, and Tioga counties. These arrests ultimately saved lives, and send the message that we will work tirelessly to rid our communities of methamphetamine and its associated dangers.” 

 

These cases are being investigated by the United States Drug Enforcement Administration (DEA)-Syracuse Resident Office, the New York State Police, the United States Marshal’s Service, the Cortland County Sheriff’s Office, the City of Cortland Police Department, the City of Ithaca Police Department and the Broome County Special Investigations Unit, which includes the City of Binghamton Police Department, the Broome County Sheriff’s Department, the Town of Vestal Police Department and the Village of  Endicott Police Department, with assistance from the New York State Department of Corrections and Community Supervision, and are being prosecuted by Assistant U.S. Attorney Miroslav Lovric.

ALBANY, NEW YORK - Mark Gillis, age 47, of Saranac Lake, New York, pled guilty today to securities fraud in connection with a scheme to steal nearly $400,000 from his customers.

 

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.

 

In 2012, Gillis was a co-owner of Hudson Valley Capital Management, Inc., a securities broker-dealer with offices in Saranac Lake and Croton-on-Hudson, New York.  Gillis was a licensed stockbroker and worked out of Saranac Lake. 

 

Gillis admitted to purchasing shares of a stock and then transferring the shares to three Hudson Valley customers at improper markups of up to 280%.  As a result of the markups, Gillis stole $379,652.41 from the customers.  Gillis did this to cover up a nearly $400,000 loss he suffered while trading securities for his own benefit. 

 

Acting United States Attorney Grant C. Jaquith stated: “When Mark Gillis, a licensed stockbroker, lost $400,000 on his personal trades, he covered those losses by stealing more than $379,000 from his customers.  He will now be held accountable for his greed.  We will continue to protect investors by charging stockbrokers who do not follow the rules and abuse their positions of trust.”

 

FBI Special Agent in Charge Vadim D. Thomas stated: “Mr. Gillis abused his position and defrauded investors of over $370,000.  The FBI views securities fraud as a significant problem and is pleased with today’s plea.”

 

Gillis faces up to 25 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years when he is sentenced by Senior United States Judge Norman A. Mordue on April 9, 2018 in Albany.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is convicted of violating, the U.S. Sentencing Guidelines and other factors.

 

Gillis will also be required to forfeit $379,652.41 to the United States.   The Securities Investor Protection Corporation insured the investors’ losses. 

 

This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck. 

ALBANY, NEW YORK – Severino Luna Vera, age 43, and his son Joel Oswaldo Luna Pedroza, age 21, both citizens of Mexico, were each sentenced today to time served (47 days in jail) for illegal re-entry into 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, Luna Vera admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on January 19, 2016.  Luna Vera was also removed to Mexico on November 10, 2013.

 

As part of his guilty plea, Luna Pedroza admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on July 30, 2016. 

 

On September 27, 2017, ICE Officers arrested Luna Vera and Luna Pedroza in Poestenkill, New York.   

 

Following their respective sentencings, both men were remanded to the custody of the Department of Homeland Security, for removal.

 

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

ALBANY, NEW YORK – Damian Quillinan, age 44, of Ballston Spa, New York, pled guilty today to receiving and possessing child pornography.

 

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 (FBI).

 

As part of his guilty plea, Quillinan admitted that on July 29, 2016, he used his phone to download files containing child pornography from the Internet, which he saved on the phone’s memory card.  Quillinan further admitted to downloading and storing over 14,000 child pornography videos and images on various computers and external hard drives in his residence between February 2014 and August 2016.

 

United States District Judge Mae A. D’Agostino is scheduled to sentence Quillinan on March 13, 2018.  Quillinan faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life.  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.  Upon his release from prison, Quillinan would also have to register as a sex offender. 

 

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

 

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

ALBANY, NEW YORK – Keisha Richards, age 24, of Fair Haven, Vermont, was sentenced today to 8 months in jail for escaping from a federal halfway house. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and United States Marshal David L. McNulty.

 

Richards was ordered by the federal Bureau of Prisons to reside at the Horizon House Residential Reentry Center, a halfway house in Albany, as part of her sentence for a federal drug conviction in Vermont.  As part of her August 16, 2017 guilty plea, Richards admitted that she left the halfway house without permission on February 27, 2017, and did not return.  On April 11, 2017, Richards was arrested by the U.S. Marshals at a residence in Albany.

 

Richards will also serve a 3-year term of supervised release, to begin after her release from jail.

 

This case was investigated by the United States Marshals Service and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

SYRACUSE, NEW YORK – Four Bronx men entered guilty pleas over the last two weeks to conspiring  to commit mail and wire fraud and related charges in an effort to steal over 2.8 million dollars in federal tax refunds using stolen identities, announced Acting United States Attorney Grant C. Jaquith, Shelly Binkowski, Postal Inspector in Charge, Boston Division,  James D.  Robnett, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigations (IRS-CI), and acting Chief John Anton, Town of Dewitt Police.

 

As part of their guilty pleas, Ronnie E. Mejia, 28, Cerrone Hall, 29, Luis Morillo, 28, and Jeffrey Carvajal, 26, all residents of the Bronx, New York, admitted that they conspired to defraud the IRS by creating and electronically filing false and fraudulent tax returns that utilized stolen identities from Puerto Rico and mailing addresses in the Syracuse area and elsewhere.  The scheme fell apart on September 21, 2011 when an alert house painter in Dewitt called police when he saw a car cruising up and down the street stealing mail from residential mailboxes. Dewitt Police stopped a Toyota Camry occupied by Ronnie E. Mejia and Jeffrey Carvajal matching the description of the suspect vehicle. Dewitt Police Officers and U.S Postal Inspectors searched the vehicle and located eight un-mailed federal income tax returns that included stolen personal identification information from people who live in Puerto Rico. Dewitt Police located a second vehicle nearby occupied by Luis Morillo and Jeffrey Carvajal. A search of this vehicle located six U.S. Treasury tax refund checks stolen from residential mailboxes in Dewitt and Syracuse.  In the following days, Special Agents from IRS-CI recovered over $700,000.00 in fraudulent tax refund checks obtained through the electronic filing of false and fraudulent tax returns using stolen identities from Puerto Rican residents and addresses of uninvolved persons in the Syracuse area.  In all, the scheme included over 380 fraudulent tax returns seeking refunds of over 2.8 million dollars.

 

Cerrone Hall pled guilty on November 1, 2017, will be sentenced on March 1, 2018 and faces a sentence of up to 22 years in prison, a fine of up to $250,000.00 and three-year term of supervised release in connection with his convictions for conspiring to commit mail and wire fraud, as well as aggravated identity theft. Luis Morillo pled guilty on November 7, 2017, will be sentenced on March 2, 2018 and faces up to 20 years in prison, a fine of up to $250,000.00 and three-year term of supervised release in connection with his conviction for conspiring to commit mail and wire fraud.  Ronnie Mejia pled guilty on November 9, 2017, will be sentenced on March 13, 2018 and faces a sentence of up to 24 years in prison, a fine of up to $250,000.00 and a three-year term of supervised release in connection with his convictions for conspiring to commit mail and wire fraud, as well as two counts of aggravated identity theft. Jeffrey Carvajal pled guilty on November 9, 2017, will be sentenced on March 14, 2018 and faces a sentence of up to 20 years in prison, a fine of up to $250,000.00 and three-year term of supervised release in connection with his convictions for conspiring to commit mail and wire fraud, as well as theft of government property. 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 Internal Revenue Service, Criminal Investigations, the United States Postal Inspection Service and the Town of Dewitt Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.

 

SYRACUSE, NEW YORK – Radhames Perez a/k/a Edwin Perez, age 37, and a citizen of the Dominican Republic, was sentenced today to 2 years 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 for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Perez admitted that he was convicted in New York County Supreme Court of criminal sale of crack cocaine in the second degree in May 2003, for which he received a sentence of 3 years to life in prison.  Perez was released from state prison in December 2003 and was removed from the United States.  He was then found in the United States in June 2017 when he was arrested on state charges in Herkimer County, as part of a crackdown on a cock-fighting ring.  Those state charges are presently unresolved. 

 

United States District Judge Brenda K. Sannes also ordered Perez to serve a 3-year term of supervised release should he remain in the United States after completion of his 2-year prison term. Perez will also face 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 Michael F. Perry.

BINGHAMTON, NEW YORK – Patricia L. Williams, age 61, of Binghamton, New York, was arraigned Friday on charges that she unlawfully received the Social Security benefits of her deceased husband, and also failed to disclose that income in order to receive Supplemental Security Income benefits.

 

The announcement was made by Acting 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.

 

The indictment alleges that from May 2005 through December 2013, Williams withdrew monthly Social Security benefit payments from the bank account of her deceased husband, who had died in 1990.  The indictment also alleges that Williams failed to disclose her receipt of those benefit payments to SSA and unlawfully collected Supplemental Security Income benefits as a result. Supplemental Security Income would have been available to her only if she fell below a certain income threshold, and her unlawful receipt of her husband’s Social Security benefits put her over that threshold.

 

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

 

Williams faces up to 10 years in prison, 3 years of post-imprisonment supervised release and a $250,000 fine if convicted on all counts of the indictment.  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.

 

Williams was arraigned Friday in Binghamton before United States Magistrate Judge Andrew T. Baxter.  She was released with conditions pending a trial scheduled before Senior United States District Judge Thomas J. McAvoy.

 

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

SYRACUSE, NEW YORK – Elias J. Sawalha, age 63, of Baldwinsville, New York, was arraigned today on an obstruction charge for submitting false documents to the U.S. Department of Labor’s Wage and Hour Division.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Michael C. Mikulka, Special Agent in Charge of the New York Region of the United States Department of Labor, Office of Inspector General, Office of Investigations.

 

According to the indictment, Sawalha made and submitted forms, signed under penalty of perjury and submitted to the Department of Labor, stating that he had paid several employees of his gas station as ordered by the Department of Labor, when he knew he had not paid any of these employees the money they were owed.

 

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

 

The charge filed against Sawalha carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a maximum term of supervised release of 1 year.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

Sawalha was arraigned today in Syracuse before United States Magistrate Judge David E. Peebles, and released pending a trial scheduled before United States District Judge David N. Hurd.

 

This case is being investigated by the United States Department of Labor, Office of Inspector General, Office of Investigations, and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.

ALBANY, NEW YORK – Gerardo Froilan Lopez Velazquez, age 51, and a citizen of Guatemala, was sentenced today to time served (56 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 for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

 

As part of his guilty plea, Lopez Velazquez admitted that he is a citizen of Guatemala, and that he illegally returned to the United States after he was removed to Guatemala on April 9, 2014.  Lopez Velazquez had also been removed from the United States on January 30, 2014. 

 

On September 7, 2017, Lopez Velazquez was arrested by an ICE officer in Middleburgh, New York.        

 

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

 

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

 

ALBANY, NEW YORK – Carla Cristina DePaula, age 39, and a citizen of Brazil and Italy, was sentenced yesterday to time served (4 months in jail) for attempting to illegally re-enter the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.

 

As part of her guilty plea, DePaula admitted that she is a citizen of Brazil and Italy, and that she attempted to illegally return to the United States after she was removed to Brazil on July 28, 2008.   

 

On June 25, 2017, DePaula was arrested as she attempted to enter the United States from Canada by bus at the Champlain Port of Entry.  DePaula presented her Italian passport and said she intended to travel to Boston, Massachusetts.  She did not have permission to re-enter the United States.              

 

Following her sentencing, DePaula was remanded to the custody of the Department of Homeland Security, for removal from the United States.  

 

This case was investigated by United States Customs and Border Protection and prosecuted by Assistant United States Attorney Edward P. Grogan.

 

SYRACUSE, NEW YORK – Premier Aviation Overhaul Center, an airplane maintenance and painting company with a facility in Rome, New York, pled guilty today to omitting material information regarding hazardous waste on a trash compactor label, and was sentenced to pay a fine of $40,000.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith; Tyler Amon, Special Agent in Charge for the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York; and Joseph H. Schneider, Director of Law Enforcement, New York State Department of Environmental Conservation (DEC).

 

Premier Aviation admitted that in February 2014, one or more of its employees placed large sheets of plastic containing hazardous chromium waste into a large trash compactor without updating the labels on the trash compactor to disclose the presence of hazardous waste inside.  The chromium waste was generated when Premier Aviation stripped paint from older airplanes, and it remained stored in the trash compactor – which was not an appropriate means of disposal for the hazardous waste – for approximately two weeks prior to being seized by law enforcement. Subsequent tests revealed that the levels of chromium on the plastic sheets in the trash compactor were approximately 23 times higher than the legal limit.  Premier Aviation admitted that it failed to report that one or more of its employees had stored and maintained chromium illegally in the trash compactor. Premier Aviation pled guilty to being an accessory after the fact to this environmental crime.

 

United States Magistrate Judge Thérèse Wiley Dancks sentenced Premier Aviation to pay a $40,000 fine.  In its plea agreement the company also agreed to provide the EPA with quarterly statistics specifying the hazardous waste generated, stored, and disposed at its facility, to provide specific waste and emergency response training to all of its employees who handle paint, paint stripping processes, or any other hazardous waste materials, and to abide by a Hazardous Waste Reduction Plan, which was drafted by Premier Aviation and approved by EPA and DEC prior to the plea hearing.  In addition, Premier Aviation agreed to allow EPA-CID and DEC to inspect its facility in Rome, and its compliance with the terms of the plea agreement and with all applicable laws and regulations, at any time, and without notice, until September 30, 2018.

 

This case was investigated by EPA-CID and DEC, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.

BINGHAMTON, NEW YORK – Justin Crandall, age 28, of Sidney, New York, pled guilty today in federal court in Binghamton, New York, to three counts of sexual exploitation of a child, announced Acting United States Attorney Grant C. Jaquith and Vadim Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).  In pleading guilty, Justin Crandall admitted to having made videos and images of his sexual exploitation of a 17-month old child from December of 2016 through February of 2017.  Sentencing is scheduled for February 23, 2018 in Binghamton, New York.            

 

In entering his guilty plea today, Justin Crandall admitted that in 2016 and 2017 he resided in Sidney, New York (Delaware County) and provided daycare on a weekly basis at his residence for a 17-month old child.  During this time period, and while the victim was in the custody, control and direct care of Justin Crandall, he used the child to engage in sexually explicit acts, while he made videos and images of this conduct. The FBI and New York State Police executed search warrants at the defendant’s residence and located the sexually explicit videos and images on a cellular telephone.

 

Justin Crandall was questioned by the New York State Police and, after being advised of and having waived his Miranda rights, voluntarily confessed in a video and audio-recorded interview.

 

Justin Crandall faces a minimum sentence of 15 years and up to 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life on each of his three counts of conviction.  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 joint investigation was conducted by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Agents and Investigators of the New York State Police, Bureau of Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric. 

 

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 – The following is a summary of misdemeanor immigration prosecutions from September and October 2017:

 

Citizen of Spain Sentenced For Illegal Entry into United States

 

Wilson Gavilanez-Pacha, age 39, and a citizen of Spain, was sentenced on September 1 to time served (6 days in jail) for illegally entering the United States.  Gavilanez-Pacha admitted that on August 27, he entered the United States at Hogansburg, New York, by boat across the St. Lawrence River, before being stopped and arrested by Border Patrol.

 

Citizen of France Sentenced For Illegal Entry into United States

 

Hamza Mounaime, age 24, and a citizen of France, was sentenced on September 26 to time served (12 days in jail) for illegally entering the United States.  Mounaime admitted that he walked across the border just east of Fort Covington, New York, then took a taxi to Massena, where he boarded a bus.  A Border Patrol Agent inspecting the bus passengers encountered Mounaime, determined that he was illegally present in the United States, and arrested him.    

 

Three Citizens of Mexico Sentenced For Illegal Entry into United States

 

Samuel Alcaraz-Diaz, age 22, Jesus Enrique Vela-Hernandez, age 37, and Guadalupe Diaz-Arevalo, age 43, all citizens of Mexico, were each sentenced on October 3 to 20 days in jail, for illegally entering the United States.  Alcaraz-Diaz, Vela-Hernandez and Guadalupe Diaz-Arevalo each admitted that together they walked across the border near Champlain, New York, on September 16.  They spent the night of September 16-17 in the woods.  They were arrested together as passengers in a car that was stopped at the Border Patrol checkpoint at North Hudson, New York, on September 17. 

 

Citizen of Mexico Sentenced For Illegal Entry into United States

 

Judith Hernandez-Daniel, age 39, and a citizen of Mexico, was sentenced on October 3 to 20 days in jail, for illegally entering the United States.  Hernandez-Daniel admitted that she walked across the border without inspection east of Chateaugay, New York, on September 17.  She was arrested by Border Patrol Agents as she attempted to depart the border area as a passenger in a pickup truck.  

 

Citizen of Mexico Sentenced For Illegal Entry into United States

 

Jose Antonio Severiano-Barrientos, age 49, and a citizen of Mexico, was sentenced on October 5 to 25 days in jail, for illegally entering the United States.  Severiano-Barrientos admitted that he walked across the border just east of the Champlain Port of Entry on September 16.  He spent the night of September 16-17 hiding from Border Patrol in the woods.  He was arrested on September 17 while a passenger in a taxi at the Border Patrol checkpoint at North Hudson, New York. 

 

Dual Citizen of Ecuador and Spain Sentenced For Illegal Entry into United States

 

Wendy Hortencia Flecher-Alvarez, age 40, and a dual citizen of Ecuador and Spain, was sentenced on October 5 to 25 days in jail, for illegally entering the United States.   Flecher-Alvarez admitted that on September 19, she walked across the border at a former Port of Entry, and continued south to Plattsburgh, New York, where she was found and arrested by Border Patrol Agents. 

ALBANY, NEW YORK – Wilder Arreola-Medel, age 45, and a citizen of Mexico, was sentenced today to time served (40 days in jail) for transporting a Mexican citizen who had illegally entered the United States. 

 

The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

 

Arreola-Medel pled guilty on October 13, 2017.  He admitted that on September 17, 2017, along the international border near Chateaugay, New York, he picked up a Mexican citizen who had just crossed the border illegally from Canada.  Arreola-Medel was driving the Mexican citizen away from the border area when he was stopped and arrested by Border Patrol Agents.  Arreola-Medel admitted that he intended to transport the Mexican citizen to Milwaukee, Wisconsin. At the time of his crime, Arreola-Medel was also in the United States without authorization.

 

Following the sentencing, Arreola-Medel was remanded to the custody of the Department of Homeland Security, for removal proceedings.

 

The smuggled Mexican citizen, Judith Hernandez-Daniel, age 39, was convicted of illegal entry, a misdemeanor, and sentenced on October 3, 2017 to 20 days in prison. 

 

This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Acting U.S. Attorney Grant Jaquith encourages all to take advantage of the United States Drug Enforcement Administration 14th National Prescription Drug Takeback Day on October 28th. The biannual event will be held from 10 a.m. to 2 p.m. at thousands of collection sites around the country, including many here in the Northern District of New York. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.

 

“The opioid and heroin epidemic is devastating families and communities, causing overdose deaths, increasing property crimes, and encouraging drug gangs to compete for customers.  The DEA Prescription Drug Takeback Day provides a safe and anonymous way to get unused prescription drugs out of our homes and away from potential drug abusers without harming the environment, and we encourage all to take advantage of this opportunity.” said Acting United States Attorney Grant Jaquith.

 

DEA Special Agent in Charge James Hunt stated, “New Yorkers have been the targets of opioid traffickers pushing diverted medication, heroin and fentanyl onto our streets.  Abusing prescription medication has turned Americans into addicts and is the cause of tens of thousands of overdose deaths.  This Saturday, you can remove threats that lurk in your medicine cabinet and dispose of unused, unwanted and expired medication at any of our collection sites.”

Last April Americans turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.) Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: four out of five new heroin users started with painkillers.

 

Flushing medications down the toilet or throwing them in the trash poses potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.

 

For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city, or state.

SYRACUSE, NEW YORK – JGB Enterprises, Inc. (JGB) paid $150,460 today to resolve claims that it improperly billed the United States Army for repair kits for the Army’s tank recovery vehicle because the kits included parts from unapproved sources, announced Acting United States Attorney Grant C. Jaquith.

 

JGB had a firm-fixed price agreement with the government to provide engine overhaul kits for the Army’s Recovery Vehicle, M51/M74/M88 (the “Contract”).  The Contract contains a source-controlled provision.  That provision requires that certain parts be obtained from specified manufacturers who have approved quality-control plans concerning the manufacture of their parts.  

 

JGB obtained some source-controlled parts from third-party vendors.  In several instances, these parts were not adequately traceable back to an approved source and at least two of the parts delivered by JGB were inconsistent with required specifications.  For example, source-controlled bolts included within the kit delivered by JGB did not fit on the Army’s Recovery Vehicle, rendering a component of the kit unusable until replacements could be obtained. 

 

Acting United States Attorney Grant C. Jaquith said:  “Contractors for the government need to ensure that they turn square corners, an obligation that is especially important when they are providing goods or services used by our nation’s warfighters.  We will continue to utilize the False Claims Act where appropriate to hold contractors to account when they submit false claims to the government.  We do appreciate that JGB worked cooperatively to resolve this matter outside litigation and understand that it has implemented changes to help ensure that something like this does not occur going forward.”

 

“The settlement agreement announced today is the successful resolution of this joint investigation conducted by the Defense Criminal Investigative Service (DCIS), the U.S. Army Criminal Investigation Command and the U.S. Attorney’s Office, Northern District of New York,” stated Leigh-Alistair Barzey, Special Agent-in-Charge, DCIS Northeast Field Office.  “The integrity of the DoD supply chain is of vital importance to America’s national security and DCIS is committed to working with its law enforcement partners to ensure that individuals and companies do not profit by providing non-conforming products to the U.S. military.”

 

“This settlement further demonstrates the resolve of USACIDC’s Major Procurement Fraud Unit and our law enforcement partners to protect and defend the assets of the United States Army,” stated Special Agent in Charge L. Scott Moreland, of the U.S. Army Criminal Investigation Command’s Mid-Atlantic Fraud Field Office.

 

The investigation and settlement were the result of a coordinated effort among the United States Attorney’s Office for the Northern District of New York, the Defense Criminal Investigative Service, and the United States Army Criminal Investigation Command.  The United States was represented by Assistant U.S. Attorney Michael D. Gadarian. 

ALBANY, NEW YORK – Manuel Clemente, age 62, of Manhattan, New York, pled guilty today to conspiring to distribute cocaine.

 

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 (FBI).

 

As part of his plea, Clemente admitted that he worked with others to distribute cocaine in New York City and Schenectady, New York.  Clemente also admitted that when he was arrested on May 30, 2017 in Manhattan, he was providing approximately $12,000 to a conspirator in exchange for approximately 190 grams of cocaine.

 

Clemente’s prosecution is part of a takedown of a Capital Region drug trafficking ring that led to charges against 12 other defendants, all of which remain pending.

 

Clemente faces up to 20 years in prison, a maximum $1 million fine, and a term of post-imprisonment supervised release of at least 3 years and up to life when he is sentenced by United States District Judge Mae A. D’Agostino on February 22, 2018 .  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case is being investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, the U.S. Drug Enforcement Administration, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision.  This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Sean T. Dubanowich, age 43, of Stillwater, New York, was sentenced today to 27 months in prison for distributing steroids throughout the country and laundering his drug proceeds overseas for the purpose of acquiring more steroids to sell.

 

The announcement was made by Acting United States Attorney Grant C. Jaquith; James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA); and Shelly A. Binkowski, Inspector in Charge, United States Postal Inspection Service (USPIS), Boston Division.

 

United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release, to begin following Dubanowich’s release from prison.

 

In pleading guilty on June 1, 2017, Dubanowich admitted that he imported anabolic steroids from Thailand and other countries, via the United States Postal Service (USPS), in 2015 and 2016.  The steroids he received from overseas were commercially packaged and marketed, among other things, as Mesviron 25, Promax, DecaMax, Primoprim, Susatanon, and TestoRapid.

 

Dubanowich further admitted that he distributed the steroids he received to customers throughout the United States and Canada, via mailings sent through the USPS. He then used the proceeds from the drug sales to purchase more steroids from abroad.  For instance, between January 1, 2015 and June 29, 2016, he sent international wire transfers totaling $105,107: $53,647 to Thailand for “electronics” and “Christmas gifts,” and $51,360 to India for “vitamins and nutritional supplies.”  Dubanowich admitted that these transfers were, in fact, all payments for steroids.

 

This case was investigated by the DEA, USPIS, and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorney Michael Barnett